County Commissioner Notes, Nov 20, 2024, Zoning challenges, revenue distribution

11 20 2024 Agenda Commissioners  

AUDIO of the Meeting

Amendment – Sign Ordinance allowing internally LIT signs and electronic messaging.

      • 00:07:12 – Commissioners allowed for public input. Several citizens spoke out against the change.
      • 00:11:32 Legal Options for citizens: A zoning change can be challenged/appealed to the Board of Zoning Appeals (BZA) or judicial court.  The Indiana Codes:
        • IC 36-7-4-1600 Series-Judicial Review
           
        • IC 36-7-4-900 900-Series Board of Zoning Appeals
           
      • 00:11: 40. Commissioner Sanders comments on legal options and revisiting repeal. Suggested appeal with the BZA.
        • Kayla Robertson — She did not believe appealing to BZA was an option once the commissioners voted (legislative action).  Mile Moga implied there were options under he BZA statute.
      • Sanders made a motion to repeal the amendment. There was no second. 
      • 00:15:30 Discussion on motion by citizens – supporting repeal and Commissioner Pittman’s explanation for his vote.
        • 00:19:20 – Counter by Clark, confirmed by Kayla Robertson
      • No second motion.
    • Background Information (and timeline) on the topic

00:23:09 Habitat for Humanity. Excellent presentation. Request for 6 acres of county land at Deer Run Park – near the cell tower. 

00:35:25 Jimmy Tilton rezoning of farm property. Jimmy Tilton requested that this be added to the agenda. Commissioners can take no action until the APC certifies the vote (5 days). Commissioners will vote on the zoning change at their Dec 4, 2024 meeting. The APC by a vote of 4 to 3, recommended that the change not be approved. Citizens were allowed to comment.

    • 00:36:15 Planning Director- 5 days for her office to certify, Ref: IC Code 36-7-4-606 subsection b.
    • 00:36:55 Citizen Comments.  Commissioner Wolpert spoke in support of the zoning change. The county attorney will determine if Wolpert needs to recluse himself from the vote to approve – conflict of interest.  
    • 00:40:04 Deena Patrick.  Read the transcript of the comments by Commisioner Wolpert.
    • 00:42:10. Theresa Cobain on the Tilton agenda item and will follow-up with legal on the conflict of interest.  Wolpert also advocated for the amendment to the Sign ordinance to the APC.

Approval of contract with Purdue extension. Discussion on county bldgs at the fairgrounds, relationship to 4H. The selection of the APC Board member can be delegated

00:51:01 Brown County Community Foundation – John Elliott – discussion of the distribution of excess revenue from the Music Center. The vote to change the distribution percent from 75% to the foundation and 25% to the county to 50/50 was tabled until next year.

    • BCCF Statement 221120
    • No decision was made by the three boards required to support a change.
    • Several citizens spoke out in favor of retaining the current arrangement.
    • 01:08:28 Government Perspective – Tim Clark

01:46:30 HR Coordinator: 

01:47:`17 Highway Update. Highway Dept Report 221120

Agenda County Commissioners Nov 20 2024

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