Shelby County Plan Commission

Meeting Minutes

Tuesday, September 26, 2006

Members Present:

Kevin Carson

Andy Cord

Scott Gabbard

Lynn Kleiman

Randy Miller

Terry Smith

Taylor Sumerford

Doug Warnecke

Members Absent:

Anngie Steinbarger

Staff Present:

Amy Butcher

Mark McNeely

Executive Session:

The Shelby County Plan Commission met in Executive Session on Tuesday September 26, 2006 following the regular Plan Commission. They met to hear facts regarding a zoning violation that will require Plan Commission enforcement and possible litigation. Rick Hudnall, Detective with the Shelby County Sheriff’s Department, and Amy Butcher, Plan Commission Executive Director, presented the pertinent information to the Plan Commission. The following is a synopsis of the information that was presented to the Plan Commission in the Executive Session.

Rick Hudnall: On July 28, 2006 the County Chaplain informed me of a business called Top Side II located in Shelby County. We later found out that the business is actually located at 5522 S. 75 W. Top Side II is a swingers club, that charges anywhere from $5 to $35 for admission. The two owners were recently arrested, and photos of the owners are now available (he passed the photographs around). The arrest is not part of public record, however. Gary James is one of the owners of the subject property. He is currently in the process of buying the bar located on the circle. His girlfriend is Jennifer Lyons.

Plan Commission member: Questioned how a person can get arrested and it not be public knowledge?

Hudnall: On September 14, 2006 around 2:30 in the morning, a couple of deputies were patrolling and stopped three people in front of the Butcher house on 700 South. This is the house of Amy Butcher’s parents. The three (Gary James, Jennifer Lyons, and Lonnie Strandard) were having sex in the middle of the road. They were arrested for Public Intoxication. We are keeping this from public to help protect Amy and her parents.

Gary James is in the process of buying the subject property on contract from Karl Montgomery and was at one point behind on his payments. He now is trying to buy the restaurant on the circle in downtown Shelbyville, and had an invitation only swingers party (100 person) at this downtown location shortly before the notice to cease and desist was served to him by Butcher . There are many influential people who have attended and participated at the “club,” people that I am sure you would know. The party was held above the old Prime Time.

Gary James is residing at 5522 S. 75 W. The house is zoned A and does not permit this type of use on the property. The website for the business is s www.topsideii.com The website gives a location, a cell phone number, rules and regulations.

There is nothing we can do legally. So we are attacking this from a zoning stand point.

Amy Butcher: I delivered a letter to Gary James before the encounter at my parents house. I told him in this letter that they can be fined up to $300.00 a day for continuing the business.

Hudnall: The website has been registered since 2002. This is a City and a County problem that has been going on under our nose around this area for years.

Butcher: They have been evicted from the City building.


Plan Commission member: How is this not considered prostitution?

Hudnall: This is a privately-owned business where everyone throws money in the pot.

Plan Commission member: Is there anything in the contract that can get them evicted?


Butcher: The original property owners are going through a long court battle. I have sent them the letter for them to review and use in court.

Plan Commission member: How does the fine process work?

Butcher: If the Plan Commission decides to fine the contract purchaser, we will place a lien on the house until the money is collected.

Plan Commission member: If they leave the house, will the fine go against the Montgomery’s since they own the home?

Plan Commission member: The Montgomery’s can go to the Commissioners and ask the fines to be released.

Butcher: Essentially we are trying to get them out of the Montgomery’s home and get them out of the County.

Plan Commission member: Who are the people involved and why can’t we go to the newspaper to do an article and try to have the public run them out of the County?

Hudnall: The prosecutors have asked me not to release names of people involved. They are remodeling the barn currently to try to add more rooms.

Plan Commission member: If they are operating a business and they are in a violation, then we need to take the next step.

Hudnall: Gary James is on the borderline of intimidation. He knows were the limit is. We are going to do some extra surveillance in the area.

Butcher: My contacts from Indianapolis have indicated that they have also ran him out of Indianapolis.

Plan Commission member: Why doesn’t he just go through the proper steps to run his private business?


Butcher: This business would need to be zoned M2 and they would have to get a use variance. Does the Plan Commission want to take action? Do we want to have a special meeting or put it on the Plan Commission schedule.

Plan Commission: Put it on the agenda and make it public knowledge. There will be a special meeting scheduled on October 10, 2006 at 7:30 pm in the Courthouse Annex, Room 208A. Have the sheriff’s department have a couple of deputies here.

Adjournment:

With no further business to come before the Board, Doug Warnecke moved to adjourn, and Randy Miller seconded the motion. The meeting was adjourned.

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