Column: Staring into the civic sun in 2024, the year of a solar eclipse

In 2024, the local civic cosmos could see some big changes, in the same year when a rare literal cosmic event will unfold.

On April 8, a solar eclipse will briefly cast a shadow directly over the Bloomington area, turning daylight into gloam. (Yes, that is an awfully fancy word for “twilight,” but it’s the kind of highfalutin fare that is customary for a newspaper year-in-preview column.)

During an eclipse, in the battle between dark and light across the visible disk of the sun, the dark begins with a steady assimilation of the light’s territory, but the light always reverses the trend and prevails in the end.

That’s either a great or a lousy metaphor for municipal annexation, depending on a person’s political perspective.

In fall of 2021, Bloomington’s city council approved the annexation of seven different territories, all of which are still the subject of litigation.

Metaphors aside, 2024 holds the potential for some court decisions on those pending annexations, which might settle the question of how much Bloomington’s boundaries will change.

Of course, annexation is just one of myriad civic issues that are in the queue for Bloomington and Monroe County in 2024.

Here’s a non-exhaustive rundown of topics The B Square will try to track in the coming year. Continue reading “Column: Staring into the civic sun in 2024, the year of a solar eclipse” →

Fernandez tapped to serve as Democratic Party’s appointee to Monroe County election board

In a news release issued on Monday, the Monroe County Democratic Party has announced that former Bloomington mayor John Fernandez will serve as David Henry’s replacement on the county election board.

On the three-member board, Fernandez will join the Monroe County Republican Party’s appointment, Judith Benckart, and county clerk Nicole Browne.

Browne serves on the election board in her role as elected county clerk.

As party chair, it was Henry who chose his own replacement to the election board.

Henry’s choice of Fernandez will not be considered a big surprise.

Fernandez served as Henry’s proxy during the spring 2023 episode when the residency of the Democratic Party’s nominee for Bloomington’s District 6 city council seat was disputed.

It was alleged that David Wolfe Bender did not satisfy the requirement that a candidate live in the council district that they hope to serve.

The board referred the matter to the prosecutor’s office and Bender wound up resigning as the nominee, which cleared the way for Sydney Zulich to be selected during a party caucus as the party’s candidate. Zulich was unopposed on the Nov. 7 ballot and is set to be sworn in on Jan. 1, 2023,

Fernandez currently serves as the vice president for innovation and strategic partnerships at The Mill, which is a coworking space in Bloomington’s Trades District. His public service includes a stretch working for U.S. President Barack Obama’s administration as Assistant Secretary of Commerce for Economic Development. Continue reading “Fernandez tapped to serve as Democratic Party’s appointee to Monroe County election board” →

Again denied: Bloomington BPW rejects resident’s appeal of citation, OKs cleanup order

Bloomington’s director of public works, Adam Wason. (Nov. 21, 2023)

Joe Davis talks with deputy police chief Scott Oldham after the BPW meeting. (Nov. 21, 2023)

Bloomington resident Jami Scholl. (Nov. 21, 2023)

Bloomington resident Marc Haggerty. (Nov. 21, 2023)

Joe Davis. (Nov. 21, 2023)

President of Bloomington’s board of public works, Kyla Cox Deckard. (Nov. 21, 2023)

Bloomington board of public works meeting. (Nov. 21, 2023)

From left, Bloomington BPW members: Jane Kupersmith, Elizabeth Karon, and Kyla Cox Deckard. (Nov. 21, 2023)

Joe Davis. (Nov. 21, 2023)

At the mic is assistant city attorney Christopher Wheeler. Joe Davis looks through his materials to prep for his turn at the mic. (Nov. 21, 2023)

Joe Davis encourages the board to allow assistant city attorney Christopher Wheeler to give his presentation. (Nov. 21, 2023)

On Tuesday night, Bloomington’s board of public works denied the appeal by Joe Davis for a citation by the city—for what the city staff considers to be violations of the health and sanitation parts of city code (Title 6) at his South Washington Street property.

In a separate action, the three-member board granted the request from the city’s housing and neighborhood development (HAND) department for a continuous abatement of Davis’s property. That means that the city can come onto the property and put it into a condition that the city believes is compliant with local code.

After Tuesday’s meeting, Davis told The B Square that he intends to challenge the board’s decisions in the Monroe County circuit court.

Davis has experience with that kind of legal challenge. He represented himself in connection with a previous abatement order, which the city started to enforce in the second week of August. For that order, Davis did not prevail in his court action, but did run out the clock on the city’s abatement order, which expired on Aug. 11.

This week’s action by the board of public works follows last week’s decision by the city’s board of zoning appeals (BZA), to deny Davis’s appeal of a different citation—for backyard parking and storage (Title 20).

Davis told The B Square he will also challenge the BZA’s decision in circuit court.

On Davis’s property various materials and artifacts are visible, which the city concludes are a violation of local code. B Square photographs of the property are included below.
Continue reading “Again denied: Bloomington BPW rejects resident’s appeal of citation, OKs cleanup order” →

Bloomington BZA denies resident’s appeal of citation for backyard parking, storage violations

BZA member Flavia Burrel (Nov. 16, 2023).

BZA member Jo Throckmorton (Nov. 16, 2023)

BZA member Barre Klapper (Nov. 16, 2023)

Joe Davis at BZA hearing (Nov. 16, 2023)

Joe Davis meets with city officials in his 530 S. Washington backyard on Nov. 2, 2023.

Parked in Joe Davis’s backyard at 530 S. Washington Street are three vehicles and a trailer that have various materials stacked on them. Stacked outside in other places in the backyard, and on Davis’s front porch, are more materials.

The city of Bloomington contends that the conditions at 530 South Washington violate two parts of city zoning code—one about parking on unimproved surfaces and another about outside storage.

The city sent Davis warnings in August of 2021 and October of 2022, which had compliance deadlines that the city considers unmet. So in mid-August of this year, the city’s planning and transportation department issued a notice of violation with fines totaling $7,650.

Davis appealed the notice of violation. But on Thursday night, Bloomington’s board of zoning appeals (BZA) upheld the notice.

Within the city’s process, that ends the options for Davis to appeal. But in the Monroe County circuit court, he could appeal the notice and the amount of the fine.

Related to the same conditions on his property, Davis is scheduled to appear next Tuesday in front of the board of public works, to appeal a notice of violation for a different part of city code, which deals with health and sanitation. The city’s housing and neighborhood development (HAND) department is also asking the board to approve a continuous abatement order. Continue reading “Bloomington BZA denies resident’s appeal of citation for backyard parking, storage violations” →

Two kinds of code, zoning vs. garbage: Bloomington man’s appeal of zoning citation set for this week

Pieces of an antenna in Joe Davis’s backyard. (Aug. 9, 2023)

A cat rests aloof from the comotion on top of the van in Davis’s backyard. (Aug. 9, 2023)

Joe Davis disputes with contractors whether the board is rotted. (Aug. 9, 2023)

Joe Davis scrambles from the front porch to his backyard trying to prevent the removal of his possessions. (Aug. 9, 2023)

Joe Davis, board of public works meeting (Oct. 10, 2023)

From left, BPW members: Jane Kupersmith, Elizabeth Karon, Kyla Cox Deckard. Joe Davis, board of public works meeting (Oct. 10, 2023)

Joe Davis, BPW meeting (Oct. 10, 2023)

At least as far back as 2021, South Washington Street property owner and resident Joe Davis has been cited by the city of Bloomington for violations of city code.

There are two basic kinds of violation for which the city has cited Davis. One kind are citations under Title 6, for “garbage” that the city contends Davis has placed on his property. The other kind are citations under Title 20, for violations of the zoning code, which involves outdoor storage and backyard parking.

It’s the citations for Title 20 zoning code violations that Davis will be appealing on Thursday at 5:30 p.m. in front of Bloomington’s board of zoning appeals (BZA).

Davis’s appeal of the Title 6 citations was postponed last week by Bloomington’s board of public works. The Title 6 appeal will be back on the board of public works agenda for Oct. 24.

Continue reading “Two kinds of code, zoning vs. garbage: Bloomington man’s appeal of zoning citation set for this week” →

Bloomington board: No action on ‘garbage’, or gateway, or Griffin Realty services for police HQ sale

Former deputy mayor Don Griffin (Oct. 10, 2023)

Rendering of gateway monolith, birdseye view from the southeast.

Joe Davis (Oct. 10, 2023)

Bloomington BPW from left: Jane Kupersmith, Elizabeth Karon, and Kyla Deckard (Oct. 10, 2023)

After two and a half hours on Tuesday night, Bloomington’s board of public works adjourned its meeting without acting on three controversial agenda items.

The items involved: the Miller-Showers gateway project; a professional services agreement with Griffin Realty in connection with the sale of the 3rd Street police station; and the city’s enforcement of city code against “garbage,” which it says Joe Davis is keeping on his South Washington Street property. Continue reading “Bloomington board: No action on ‘garbage’, or gateway, or Griffin Realty services for police HQ sale” →

Bloomington mayoral ballot access case dismissed, highlights 7-day waiting period for voter registration

Joe Davis files signatures in support of his independent candidacy for mayor of Bloomington. (June 30, 2023)

On Friday, the lawsuit that Bloomington resident Joe Davis filed over access to the Nov. 7 ballot as an independent mayoral candidate was dismissed.

The ruling on Davis’s claim was by Lucas Rudisill, who is the magistrate judge out of Greene County, who was assigned the case.

Davis filed the lawsuit after he fell 14 short of the 352 signatures that he had to collect in order to be listed as a choice on the ballot. Democratic Party nominee Kerry Thomson will remain the only candidate for Bloomington mayor on the Nov. 7 ballot.

The ruling came after absentee ballots had been sent to voters who had applied for them, and with early in-person voting set to start next week, on Wednesday, Oct. 11.

There’s a legal principle called the Purcell Doctrine that says the courts should not change election rules when an election is fast approaching, because of the risk of confusion. But in his ruling, Rudisill did not rely crucially on the Purcell Doctrine, even if it was a factor. “Purcell does not deprive a trial court of subject matter jurisdiction over election disputes that arise on the eve of elections…,” Rudisill wrote.

In his ruling Rudisill dug into the subject matter of a 7-day waiting period that is applied after voter registration application materials are submitted to a registration office. Continue reading “Bloomington mayoral ballot access case dismissed, highlights 7-day waiting period for voter registration” →

Skirmish over “garbage” between homeowner, city of Bloomington set for next week

Pieces of an antenna in Joe Davis’s backyard. (Aug. 9, 2023)

A cat rests aloof from the comotion on top of the van in Davis’s backyard. (Aug. 9, 2023)

Joe Davis disputes with contractors whether the board is rotted. (Aug. 9, 2023)

For more than a year, and probably much longer, the city of Bloomington has been trying to convince Joe Davis to take a more conventional approach to his South Washington Street house and yard.

But Davis describes himself as an “unconventional guy.” Parked in the backyard with building materials stacked on them are a truck, and a van with a trailer. The county’s online property lookup system has aerial imagery showing the two vehicles sitting in the backyard at least as far back as 2014.

Davis has old bathtubs arranged around the place as catchment basins, and a compost pile.

Davis describes the place as an active building site, where he’s been working to renovate the house. He bought the place in 2009 for $65,000. He has described how the house was damaged by fire before he bought it and had sat abandoned for two years.

During that period all the pipes burst because there was no heat, the wiring was stolen and homeless people were living, Davis has said.

Where Davis sees an “organic building site,” the city sees a raft of code violations.

So next Tuesday’s meeting of Bloomington’s board of public works marks the start of another chapter in the saga of attempts to enforce city code against Davis’s property. [Updated Tues., Sept. 26, 2023: Davis was notified by public works staff shortly after 8 a.m. on the day of the scheduled hearings about his property that the proceedings would be put off—until the next meeting of the board of public works, which falls on Oct. 9, 2023. The reason given was a staff illness. This is the second time the hearings have been delayed by the city.] Continue reading “Skirmish over “garbage” between homeowner, city of Bloomington set for next week” →

Election 2023, Holiday 2024 roundup: Solar Eclipse Day to be a county holiday, along with election days

District 3 city council candidate Brett Heinisch (R) at a Greater Bloomington candidate event on March 21, 2023. https://brettforcitycouncil.blogspot.com/

Stock photo of solar eclipse.

District 3 city council candidate Hopi Stosberg (D) at a Greater Bloomington candidate event on March 21, 2023 https://hopi.stosberg.com/

At Wednesday morning’s meeting of Monroe County commissioners, the routine approval of county employee holidays for the following year included a bright spot.

There will be one extra day compared to last year: April 8, 2024, which is Solar Eclipse Day.

On that day, the narrow band of the full solar eclipse will pass right over Monroe County. It’s the kind of rare event that has the local tourism sector buzzing.

At the most recent meeting of the convention and visitors commission, Visit Bloomington executive director Mike McAfee said up to a quarter million visitors or more are expected in the Bloomington area to view the solar eclipse. “It’s going to be wild,” he said.

On Wednesday, commissioner Penny Githens said part of the thought behind making the day of the eclipse a county holiday is to reduce the amount of traffic out on the road. “We’re expecting a certain amount of gridlock,” Githens said.

Commissioner Julie Thomas added, “Everything will be packed full of visitors…and anything we can do to alleviate traffic is probably going to be helpful at this point.”

Another difference between the 2023 holiday schedule and the schedule for next year, is that both election days in 2024—primary and general—will be explicitly designated as holidays.

For 2023, there are two flexible days that county employees can use to take off and vote in the municipal elections, but they’re not tied to the date of elections. They are called “floating holidays.”

As the Nov. 7 date for municipal elections approaches, Monroe County employees are grinding through the standard preparations for the process that is fundamental to a working democracy. Continue reading “Election 2023, Holiday 2024 roundup: Solar Eclipse Day to be a county holiday, along with election days” →

5 tapped for Monroe County vote center committee, six more needed

Vote center committee appointee Danielle Wheelock (Sept. 7, 2023)

David Henry, election board member (Sept. 7, 2023)

Judith Benckart, election board member (Sept. 7, 2023)

Ryan Herndon, election supervisor (Sept. 7, 2023)

At its Thursday meeting, Monroe County’s three-member election board accepted five appointments that have been made to an 11-member vote center committee.

Vote centers are different from the kind of precinct-based polling locations currently used by Monroe County. At a precinct-based polling site, only voters from specified precincts can cast a ballot there.

Vote centers are polling places where a voter who is registered in any precinct can cast a ballot. For election administrators, it means some additional planning—to make sure that all the different ballots, which are tied to different precincts, are available for voters across the county.

The usual precinct-based polling locations will be used for the upcoming Nov. 7 municipal elections.

The vote center committee is supposed to produce a plan, as part of the requirements for eventually establishing vote centers.

Named to the vote center committee on Thursday were: Ilana Stonebraker; Hal Turner; Debora (Ralf) Shaw; Daniella Wheelock; and Stacy Kowalczyk. Continue reading “5 tapped for Monroe County vote center committee, six more needed” →