In honor of the National Libertarian Day of Service, 18 people came out to be a part of The Libertarian Party of Morgan County’s team on Mooresville Clean-Up Day!
In total, about 75 people showed up to be a part of this event to make our town a more beautiful place.
Thanks to everyone who helped!
MOORESVILLE — For more than a year, officials in Mooresville have been talking about signs in town rights-of-way.
Last year, yard signs started to be removed from town rights-of-way.
These signs included campaign signs as politicians were out barnstorming for votes in the 2020 Primary Election.
Back in 2019, the town’s Unified Development Ordinance (UDO) was updated and notes that signs can’t be installed in public rights-of-way “unless specifically authorized by the legislative body or their designee.”
Mooresville Town Councilman Dustin Stanley, however, is hoping to amend the UDO as it pertains to signage.
Under Stanley’s amendment, small yard signs would be permitted “in a right-of-way adjacent to private property that is maintained by that property owner or tenant and placed with permission of that owner or tenant.”
It would also allow yard signs to be placed by a governmental unit, like the town’s park system, in property that is governed by the unit.
The yard signs would be allowed to be up for no more than 60 days under Stanley’s presented amendment.
The amendment, though, would ban signs from being installed in a “publicly owned or maintained landscape feature.”
Those landscape features include flower beds and planters.
Earlier this week, Stanley — who served on the council when the original UDO was approved — said that the ordinance was never intended to be used as it has been over the last year.
“Unfortunately, it is so blanket and just vague enough that it can be used, apparently, for ‘no signs in Mooresville,’” Stanley said.
“It was basically intended for if somebody put out a sign and left it there for months on end, we had the authority to pull it after it had run its course,” Stanley noted.
Stanley noted that he voted in favor of the UDO in its entirety at the time.
~ By Lance Gideon | Reporter | Published May 28, 2021 in The Mooresville Times
** You can read the proposed ordinance here
Until Mooresville stops banning people from putting a “Just Be Kind” sign next to their mailbox or putting “Slow, Children at Play” signs by the street in front of their house, it cannot claim to be a “First Amendment Sanctuary.” In fact, for the last year or more, the First Amendment has been under assault by the town of Mooresville.
In March of 2020, the town of Mooresville ordered that all political signage be removed from areas that had traditionally held signage of many types. We were told we’d have to “ask permission.” Meanwhile, some signs were targeted for removal while other candidates’ signs were not. We were eventually denied our request to place political signs in these historically acceptable places. It should be noted that while other requests to place signage were approved, political signage was the ONLY request to be denied by the town of Mooresville to date.
Furthermore, signage of many types, including political, “Just Be Kind” and “Children at Play” signs, were taken right out of people’s front yards. They were told they don’t own that little bit of land between the sidewalk and the street, and therefore aren’t allowed to put signs there. Of course, there were disparities there as well.
Some candidate signs were removed, while neighbors a few doors down with different political views were allowed to keep their signs in that strip next to the road. The U.S. Constitution, the Indiana Constitution and state law prohibit any government entity from suppressing freedom of speech. They cannot pick and choose which signs are allowed based on content.
There have been dozens, if not hundreds, of signs placed without asking permission from the town. These signs were not taken down, nor have they had defamatory statements made about them by town council members. Clearly there is only one kind of temporary sign being placed that the town is worried about. Doing an occasional purge of other signs on rare occasions when it’s brought up that the town isn’t treating people equitably doesn’t seem like a sound policy.
We attempted to address these concerns with the council, and we were met with open and outright hostility. We were told we need to “obey the will of the majority.” Ben Franklin described that as “two wolves and a lamb voting on what they are going to have for lunch.” The Bill of Rights was crafted specifically to protect the minority from the tyranny of the majority.
Based on the support we’ve seen, most people in Mooresville don’t want an overreaching town government acting as an HOA, and telling people what they can and can’t put in their front yard or in front of their business.
There is an amendment to the UDO that would correct the sign issue and address some of the concerns that likely led to this bad law being drafted to begin with. Here’s what it proposes:
There is a section of the UDO that names certain types of signage exempt from the sign rules elsewhere in the UDO. Some on the council have argued that it was never meant to apply to yard signs, but it doesn’t say that. So, it clearly defines “Yard Signs” as any temporary sign less than 16 square feet and weighing less than 25 pounds. For example, a double-sided 2.5-foot-by-3-foot sign would be 15 square feet.
Temporary signage over 16 square feet or over 25 pounds would not be exempt and would then need to go through the permitting process. This is recommended to make sure it’s not a safety issue but the fee for such a sign should be as low as possible — $5 tops.
Some signs are left out for far too long and look bad after a while. So, it puts a 90-day time limit on it. Political signage is already restricted to 66 days by state law and most signs are seasonal anyway. Three months should be plenty of time for summer concert signs, Bible camp, little leagues, Christmas light shows, etc.
Because it has been argued that part of your property isn’t really YOUR property, it puts in a provision that defines it as personal property for the purposes of temporary sign placement. Please, go put your “Just Be Kind” signs and your “Slow: Children at Play” signs out by the mailbox again. This concept is also applied to various government properties. If the police station wants to put out a sign on the PD lawn, they should be allowed to do so without asking permission. Ditto for parks, fire, etc.
It also protects our manicured landscaping, too. We should not allow signs of any kind in town-maintained flower beds, flowerpots, mulched areas and things like that. Our street department works hard to maintain those areas, so let’s keep them clear.
Finally, it’s burdensome and overreaching to have anyone be forced to ask permission from the government to place a temporary sign. That’s just asking for discrimination to happen. Much like now, if they tell everyone else “yes” and then tell one person “no,” well, that’s not fair or equal treatment, is it? It resolves that problem by eliminating that requirement entirely.
This amendment has been on the table for months, but some refuse to consider it or even read it. This is a good compromise that addresses everyone’s concerns, but so far has been unable to get any traction. Legal action is a last resort and not something we should have to do to ensure First Amendment rights in Mooresville. Thus far, the town council seems extremely reluctant to give up the power to ban speech they dislike — which is a good reason why they shouldn’t have it.
You can help by going to LPIN.org/mooresville-sign-ordinance/ and sending an email to the members of the town council, board of zoning appeals and planning commission to express your support for this amendment to fix the sign ordinance.
~ By Danny Lundy | Guest Column | Published May 11, 2021 in The Mooresville Times
** You can read the proposed amendment here
INDIANAPOLIS — Indiana’s top elections official has acknowledged violating state political fundraising rules with the launch of her 2022 election campaign.
Republican Secretary of State Holli Sullivan requested contributions as she announced her campaign Monday — five days earlier than allowed under changes to state law signed by Gov. Eric Holcomb that day.
Sullivan, who was appointed secretary of state by Holcomb in March and is vice chair of the Indiana Republican Party, said she was seeking a full four-year term to “defend the integrity of Indiana’s elections.”
State law prohibits candidates for state offices from fundraising during the legislative sessions when the two-year state budget is drafted. Lawmakers extended their meeting deadline from the typical April 29 until November so they can return to approve new election districts.
“The Committee to Elect Holli Sullivan has determined that it made an improper solicitation of campaign funds,” Sullivan’s campaign said in a statement. “These public solicitations have been removed and all contributions have been returned.”
State Libertarian Party Chairman Evan McMahon said “If you are vying to be elected to head the office that oversees elections and enforces campaign finance laws it would probably be a good idea to not break those laws.”
~ From the Associated Press| Published April 30, 2021 in The Reporter Times
MOORESVILLE — The first two amendments in the U.S. Constitution protect American’s freedom of religion, speech, the press and the right to bear arms.
At Tuesday’s meeting of the Mooresville Town Council, both amendments came up as topics of discussion, as councilman Shane Williams would like to make Mooresville a Sanctuary Town for both amendments.
Williams noted that he has had a lot of comments from members of the public.
“People are afraid of an overreaching (federal) government, especially in the areas of the First and Second Constitutional Amendments,” Williams said.
Williams then asked if there was something the town could do to uphold the Constitution.
“I agree, I’m obviously pro First and Second Amendment,” Town councilman Jeff Cook responded. “I don’t know what we can do.”
Mooresville Town Council President Tom Warthen expressed concern about declaring the town as a sanctuary for the Second Amendment — which protects the right to keep and bear arms.
“I do know that I don’t want to tie Chief (Kevin) Julian’s hands if he sees someone, or if it is determined that someone has a red flag on them in the event of, heaven forbid, a mental illness or domestic violence or something like that,” Warthen said. “If we say that we do not want our police to enforce anything other than the Second Amendment, we don’t want him to enforce Red Flag Laws on people that maybe should not have guns, I think we are doing a disservice to the law abiding citizens of the town.”
He later noted “that everyone should be able to lawfully own their guns.”
Town councilman Dustin Stanley said he supported the Constitution.
Stanley believes that any vote to make Mooresville a sanctuary for the First and Second Amendments would largely be symbolic.
He then brought Morgan County Republican Chairman Daniel Elliott up to the podium to discuss the effort.
“I do want to say, first off, that I support in principle exactly what has been spoken here today,” Elliott said. “Supporting the entirety of the Constitution, especially giving special emphasis on the First and Second Amendment.”
Elliott then brought up a sign ordinance that is part of the Mooresville’s Unified Development Ordinance.
Back in March 2020, during Williams’ tenure as town council president, he directed the town’s public works superintendent Dave Moore to remove signs that had been placed in town rights of way, based on that UDO.
Many of those signs were political signs due to that year’s primary election.
According to the UDO, a sign cannot be placed in public rights of way without authorization by the town council or its designee. It does not impact the ability of someone to place a sign on their personal property.
Elliott questioned the validity of the UDO in regard to signage on public rights of way.
“Freedom of speech, freedom of political speech, is a sacred right,” Elliott said. “And I think that we have to look at this and say, ‘What can we do to open up that opportunity for all people?’”
As the meeting progressed, Elliott and Williams debated the issues of signs and the UDO.
Williams said that the UDO bans all signs from public rights of way in the town of Mooresville — not just political signs.
Elliott noted that if Williams wants the town to be a sanctuary town for the First Amendment, it should allow political candidates to place signs on public rights of way — as has been done for decades prior, according to the GOP chairman.
Williams then responded that his campaign was told in 2019 that he could not place signs in public rights of way.
Beth Copeland, an attorney who was filling in for town legal counsel Chou-il Lee, eventually put a stop to the debate between Elliott and Williams.
“If the two of you would like to do this when you’re not on the record in a public hearing, then you certainly have that prerogative, but as legal counsel, I would prefer that this not occur,” Copeland said.
After a brief discussion between Elliott and Copeland, Williams asked why he was asked to stop debating while Copeland continued asking questions.
“I’m legal counsel,” Copeland said.
“I represent the people,” Williams responded.
“If you would like to, in this forum, certainly,” Copeland said. “My concern is that, this has been such a hot-button topic for over a year now, in this town, I’m waiting for the lawsuit. It is going to happen by somebody at some point, regardless of what position that you take. So I’m trying to minimize conversations up here.”
Elliott added that he did not want there to be a lawsuit.
“I would like us to all think about, and discuss, and come together and find something that is a middle ground where people can feel comfortable,” Elliott said. “Where no candidate would ever be turned away, but at the same time the opportunity to express, within reason — we don’t want to put big signs that block rights of way and block views. We want to be able to respectfully do those things that we have done for decades.”
~ Staff Report | Published April 23, 2021 in The Mooresville Times
The Libertarian Party of Indiana met last weekend in Fishers for the party’s annual convention that saw the county affiliate come away with some notable accolades.
The convention was held for the first time as a hybrid online and in-person meeting due to the ongoing challenges of COVID-19 and, according to a news release, saw a total of 160 party members in attendance as well as the delegates who selected the new chair and vice-chair of the party, Even McMahon and Lucy Brenton respectively.
This event may have been statewide, but Morgan County was frequently part of the day’s conversation.
The county won — for the second year in a row — the Bill Bean County Affiliate of the Year award. In addition, the chair of the Libertarian Party of Morgan County, Mooresville resident Danny Lundy, took home the Dr. Barbara Bourland Light of Liberty award. Lundy also spearheaded the planning of this convention, a process that took the entire year, he said.
When it comes to the local party winning the Bill Bean award twice in a row, Lundy said they are simply “just doing the work.”
“It’s been an increase in membership,” he said. “It’s been an increase in activity … taking a stand in the local community, taking a stand on people’s rights and liberty and just doing the work.”
In addition, he noted that they outraised the Democratic Party in the county last year. They also did a lot of work, he said, related to Donald Rainwater’s gubernatorial run in 2020 that earned 11.4 percent of the state vote — the second-best ever in the nation for a Libertarian governor candidate.
The news release notes that Rainwater came in second place in 32 Indiana counties. Lundy said they also saw a number of counties decide to become more affiliated with the Libertarian party following this.
“This kind of excitement is great,” Lundy said.
All in all, he said the Morgan County party wasn’t exactly surprised that they won this award because they know how hard they’ve worked for it, but that the recognition was nice and that they’re looking forward to some “fierce competition” for it again next year.
For the Dr. Bourland award, which Lundy personally received, he said he was a bit more surprised about it. This award goes to an individual “most responsible for the growth of the party and dedication to the Libertarian cause,” according to an email from Lundy.
There were multiple nominees up for this award at the convention, including Lundy. The affiliate award, he said, is nice but it’s really down to the numbers, whereas this is more about colleagues affirming the work done by individuals, so he said it was nice to get that personal recognition.
“When your peers recognize you for good work that you’ve been doing, that always hits you right in the heart,” he said. “You know what I mean? and so I didn’t expect it. I think the speech I gave was everybody nominated here doesn’t wear a cape, they’re not superman, they didn’t do something super amazing. All the people on that list just saw work that needed to be done and did it, and that’s all I feel like I’m doing.”
The local party will be having its next monthly meeting on April 8 at Black Dog Brewing Co. in Mooresville where they will have two candidates representing the Libertarian Party present.
These candidates will be Pastor Mark Powell who intends to run for Senate in 2022 and Kristin Alexander who has filed exploratory committee paperwork for the Morgan County Clerk, with plans to run for office in 2022, according to an email from Lundy.
He also encouraged anyone wishing to run for office in 2022 to contact either him at Danny.lundy@morganLPIN.org or Chris Gault at Political@MorganLPIN.org.
By Cody Thompson | Reporter | Published April 3, 2021 in The Mooresville-Decatur Times
MARTINSVILLE — A rural Martinsville resident will be able to install an 8-foot-tall privacy fence around her home after members of the city’s Board of Zoning Appeals (BZA) approved a variance to install the structure on Tuesday.
The fence will be installed around a home in the 2200 block of East Country Club Road owned by Diane Selch.
Under city ordinances, privacy fences are only allowed to be 6 feet tall at their maximum height.
The variance request was initially presented to the board during its April meeting, but Martinsville Building Inspector Bob Strader said that there was an issue with proper notification for the previous meeting.
“It would be dividing her property with the adjoining neighbor,” Strader said.
Strader also noted that the terrain on Selch’s property is not level, and a 6-foot-tall fence would not provide much privacy in some areas.
BZA president Ann Marvel asked whether the fence would cause issues with traffic along East Country Club Road.
“Not at all,” Strader responded.
Board member Anna Elliott asked if any of Selch’s neighbors have expressed any objection to the fence.
Selch responded that she has not heard of any objections from her neighbors.
BZA attorney Dale Coffey said that the board needed to make three determinations before approving the variance request.
According to Coffey, those three determinations include that the fence will not do harm to the general public, the value of any adjacent property will not be adversely impacted and whether a strict application of the city’s ordinance would “result in practical difficulties in the use of the property.”
Selch told members of the board that she feels like the taller fence would look better on her property compared to the shorter structure.
Coffey also noted that one of Selch’s neighbors “is operating a use on their property which is contrary to our zoning ordinance.”
He added that the use on the neighboring property could be considered industrial.
“So, it is affecting Mrs. Selch’s ability to utilize her property and have peace and enjoyment of her property,” Coffey said, adding that the city is currently addressing the issue of the neighboring property’s use of its land.
The city, Coffey noted, is hopeful that the neighboring property will come into compliance with city zoning ordinances.
Elliott asked Selch if the neighboring property were brought into compliance, would a 6-foot fence meet her needs.
“If I had to put a 6-foot fence up, I guess that is what I would have to do,” Selch said. “I don’t want to.”
Selch said she has lived on the property for 10 years, and the neighbor in question has lived on their respective site for less than five.
Elliott asked what steps could be taken to bring the neighboring property into compliance.
Coffey responded that a proposal could be presented to the city’s plan commission to see if it would be interested in initiating legal action to enforce city zoning.
There are also private covenant and restrictions in Selch’s subdivision, and a resident of that subdivision could file a lawsuit for those covenant and restrictions to be enforced.
“I guess the answer to your question that the most likely result would have to be a lawsuit,” Coffey responded.
Ultimately, the BZA approved Selch’s request unanimously, 5-0.
The next meeting of the Martinsville Board of Zoning Appeals is scheduled for 6 p.m. on Monday, June 22, in council chambers at Martinsville City Hall, 59 S. Jefferson St.
~ By Lance Gideon | Reporter | Published May 26, 2021 in The Reporter Times
MOORESVILLE — A business looking to locate to the town of Mooresville cleared a hurdle Thursday night after the town’s plan commission approved a development plan for a parcel of land in the Flagstaff Business Park.
Steve Brehob of Banning Engineering said that the business, known as ReConserve, is looking at developing a 15-acre lot located along Hancel Circle in the business park.
According to Brehob, the company takes day-old donuts, expired bread and other grain products to be dried out and mixed for livestock feed.
“So, it is recycled stuff that would otherwise be thrown out,” Brehob said.
He also added that the company has a need to be in central Indiana, and Mooresville’s location is ideal for a future facility.
Brehob noted that the company would create 15 full-time jobs at its Mooresville facility.
The development plan was approved by members of the plan commission, 5-0.
Harrison Street zone map change
Members of the commission also approved a zone map change from Industrial to R-2 residential for a parcel of land located 136 E. Harrison St.
As recently as 2018, there was a house and garage located on the property, but that house has since been demolished.
Despite the parcel previously being used as a residential property, the land is zoned I-2 industrial.
“This lot has not been used as an industrial lot,” Holloway Engineering’s John Larrison said Thursday night. “It was only, fairly recently, rezoned to I.”
According to Larrison, the current owner of the property would like to construct a two-family dwelling on the parcel.
Larrison believes that the parcel will be able to accommodate a two-family structure.
Plan Commission member Jeff Dieterlen asked if there would be a need for a variance for the parcel in order for the proposed structure to be constructed.
Larrison responded that no variance would be needed for the structure.
Plan Commission member Mike Young noted that there appeared to be adequate parking for the proposed building.
The commission unanimously offered a favorable recommendation on the map zone change, 5-0.
The request will now move to the Mooresville Town Council for final approval.
Woodside Drive replat
The commission also approved a replat for a parcel of land located along Woodside Drive.
According Larrison, the purpose of the replat is to allow for the construction of a pole barn.
The replat was unanimously approved by members of the commission, 5-0.
• The commission approved a secondary plat for the Indiana American Water property located at 425 W. Main St., which creates one lot from seven prior lots on the property owned by the company. Indiana American Water plans to construct a new water treatment facility at the site.
The next meeting of the Mooresville Plan Commission is scheduled for 6:30 p.m. on Thursday, June 10, at the Mooresville Government Center, 4 E. Harrison St.
• The Mooresville Board of Zoning Appeals also met Thursday evening in which it approved a frontyard setback variance for the property located on Woodside Drive to allow for the construction of the pole barn.
• The board welcomed newly appointed BZA member Jennifer Meador, of the Libertarian Party, to the board. The board requires members to be from different political parties, paving the way for Meador’s appointment.
The next meeting of the Mooresville Board of Zoning Appeals is scheduled for 6 p.m. on Thursday, June 10, at the Mooresville Government Center, 4 E. Harrison St.
~ Staff Report | Published May 16, 2021 in The Mooresville Times
The 2020 gubernatorial campaign of Libertarian candidate Donald Rainwater was in every way a success — at least, without victory — not only for the Libertarian Party of Indiana, but for minor parties everywhere. Thousands upon thousands bought in to the LP’s message of limited government and personal responsibility in light of Gov. Eric Holcomb’s unconstitutional lockdown orders.
The Republican Party — which holds a vast supermajority in state politics — was officially put on notice that Hoosiers are paying attention to the GOP’s antics.
On Jan. 7, the House Elections Committee decided they wanted to stifle all competition by introducing HB1134, which makes ballot access for minor parties even more difficult than it currently is (much hard work is put in every cycle just for the privilege of having other voices represented). The committee is made up of nine Republicans and four Democrats, with all GOP members entering affirmative votes.
In a year when the GOP spent two and a half months complaining that Americans did not have a free and fair presidential election, the Indiana GOP now wants to do its part to ensure that such a trend continues for all Hoosiers.
No matter your politics, this should disturb you greatly.
Eric Allen
Martinsville
~ By Eric Allen | Letter to the Editor | First Published January 27, 2021 in The Reporter Times and later published in several other papers around the state.
During its first meeting of 2021, the Martinsville Board of Zoning Appeals approved the placement of two signs in the newly approved overlay district along the new I-69 interstate.
The overlay district runs along the interstate and is 1,000 feet wide on both sides of road. The overlay gives the city authority over construction and development close to the interstate.
The two signs, one for Home Bank and the second for the storage business on East Morgan Street, needed board approval.
The sign for Home Bank would be located close to its branch office in Grand Valley.
The sign for Storage 360 will be located alongside East Morgan Street by the business.
Board chairman Ann Marvel asked their attorney, Dale Coffey, is there were any conditions they need to consider before approving the signs.
Coffey said there were no conditions to consider. He said approval was required under the city’s zoning ordinance.
The board gave approval to both signs.
In other business
• A request to place a billboard in the 400 block of the Ind. 39 Bypass was continued at the applicant’s request until the February meeting.
• A request to place a commercial kitchen in a garage in the 200 block of North Ohio Street was dismissed after the applicant failed to show up.
Tracy Harvey had made the request during the December meeting, but she failed to show up for that meeting. The board tabled the matter for one month. Since she failed to show up at the January meeting, the board dismissed the petition.
Harvey can refile her request after three months have passed.
Harvey reportedly showed up after the meeting ended. She talked with Coffey and building inspector Bob Strader about her petition.
The board elected officers for 2021. Marvel was re-elected chairman, Anna Elliott was elected vice-chairman, and Marilyn Siderewicz was re-elected secretary.
The next scheduled Martinsville Board of Zoning Appeals meeting is Tuesday, Feb. 23, at 6 p.m. at city hall.
The Martinsville Plan Commission met Tuesday for the first time in 2021.
The only item on the agenda was the election of officers.
Tom Williams was re-elected chairman, Melanie Foley was re-elected vice-chairman, and Marilyn Siderewicz was re-elected secretary.
The next scheduled Martinsville Plan Commission meeting is Tuesday, Feb. 23, at 7 p.m. at city hall.
~ By Keith Rhoades | Reporter | Published January 27, 2021 in The Reporter Times
