All posts by Tim J. Clark

Commissioner Meeting Notes, Dec 4, 2024, 2:00 to 4:00 pm

Dec 4, 2024, Agenda – 12 4 2024 Agenda Commissioners – Updated 

Dec 4, 2024. AUDIO: Commissioner Meeting

Tilton Re-Zone Project: The Area Plan Commission (APC) recommended that it not be approved. Commissioner Sanders respected the APC’ recommendation and voted Not to approve. Commissioner Sanders and Wolpert – whose terms expire this year, voted to approve.   
I “think” (will verify)  the next step in the approval process for the RVs is for review and approval by the Board of Zoning Appeals. (BZA).  The BZA voted NOT to approve a similar project for 185-unit RV Park in 2021. Tiltons also request that some portion of the 85 acres be transferred from the town to the county. 

    • 00:11:04 Tilton Re-Zoning Presentation
    • 00:16:53 = Tilton Attorney – Mike Carmin
    • Q and A, Some discussion
    • 00:38:45 Planning Director
    • 00:39:55 Public Comments – some for, most against

01:12:40 I asked that the commissioners to Vote No or Table it so the new commissioners can consider the change in the context of the development of the new county comprehensive plan.

Nativity Scene. Commissioners Pittmana and Wolpert approved placing a nativity display at the courthouse. Commissioner Sanders abstained and cautioned that this is likely to lead to a lawsuit. 

Combs Road. This road was closed in 2004 and connects with Jackson County.  This would allow bikes, hikers, ORVs. 

Vagrancy.  Commissioners are proposing an ordinance to prevent the homeless from camping on county property. The new Health officer stated that the Health Department does consider this a health issue due to the issue of human waste disposal. 

New Health Officer. Dr. Michael Conway. Commissioners voted to approve the selection of a new Health Officer by the Health Board. Dr. Ostrike retired.

  • Habitat for Humanity. Rescinded their request for land t Deer Run Park.

Highway Superintendant Report. Hgwy Superintendent Report 241204

Dec 2, 2024.  One expected Agenda item with by the Tilton re-zoning project. The APC recommended that it not be provided by a vote of 4 to 3. 

comm mtg dec 4 2024

What is a County Commissioner?

ICC indiana county government

Last updated Jan 1, 2025

Indiana County Commissioners (ICC) Association 

What is a County Commissioner? – Basic Information  

2023 County Commissioner Handbook

2024 Brown County Personnel Policies Handbook

 

AIC – Short Videos – County Commissioners and Other Departments

COUNTY COMMISSIONERS

The three commissioners are the custodians of the home rule powers of the county.

Counties have 3 commissioners, one from each district in the county. Within the scope
of home rule, commissioners may adopt and vest themselves with additional regulatory
powers. They have authority to pass ordinances in the following broad areas.

 Controlling, maintaining, and supervising county property including courthouses, jails,
and public offices.
 Supervising construction and maintenance of roads and bridges and providing for traffic control.
 Developing Economic Development programs to attract and retain jobs in the county.
 To grant vacation pay, sick leave, paid holidays and other similar benefits to county employees.
 To administer elections in conjunction with the county election board.
 To establish minimum housing standard.
 Auditing and authorizing payments on behalf of the county.
 To incorporate new towns and alter township boundary lines, on petition.
 Receiving bids and authorizing contracts.
 Exercising appointive powers including both the selection of members to fill positions on boards, commissions, and committees, and appointments of certain department heads.
 Planning and implementing strategies for solid waste handling as members of solid waste
district boards.

YOUR THREE COUNTY COMMISSIONERS ARE AN IMPORTANT PART OF YOUR LOCAL GOVERNMENT.

The structure of county government in Indiana diversifies power among officeholders to create a system of checks and balances. Power is diversified to prevent corruption and make county decision making inclusive. This diversification of power places the ultimate authority in the hands of voters as important positions are elected rather than appointed by other elected officeholders.

State statute governs the duties of the Constitutional offices, thereby maintaining
county government as an arm of the state. County government structure requires cooperative
attitudes and a spirit of genuine teamwork among all elected officials.

Most county officials are elected for a four-year term of office. County commissioners and county council have unlimited terms of office.

Today, county government impacts economic development, public safety, health, planning and
zoning, the transportation system, judicial system, administration of the property tax system and much more.

Throughout the Indiana Code, the board of county commissioners is variously referred to as the
executive body or the legislative body. In all but three of the counties: Lake, Marion, and St. Joseph, the legislative power of the county is divided between the board of county commissioners and the county council. In these three counties full legislative power is vested in the council by the statute.

As a rule, the council has jurisdiction over fiscal matters and the commissioners have jurisdiction over matters concerning either the exercise of regulatory or administrative powers.

AS PROPOSED IN INDIANA’S CONSTITUTION, COUNTY GOVERNMENT IN INDIANA STILL
OPERATES UNDER A SYSTEM OF CHECKS AND BALANCES THAT PROVIDES VOTERS
WITH THE POWER TO DIRECTLY CHOOSE THEIR LOCAL ELECTED OFFICIALS.

March 2025, Brown County GOP Officer Elections -New Leadership Needed

Your District and Precinct

Indiana GOP Party Documents

    • Rule 1-25: The term “Republican in Good-Standing” shall be defined as a Republican who supports Republican nominees and who does not actively or openly support another candidate against a Republican nominee.
    • An elected Republican party official is expected to support IN GOP principles and rules.  If a local official does not agree with a rule, work to change it, accept it, or resign from the party. 
  •  

March 1, 2025. Elections for Officers – Chair, Vice Chair, Secretary, Treasurer

    • Rule 4-7. On the first (1st) Saturday in March of the year following each presidential election, a meeting at someplace within the county between the hours of 9:00 a.m. and 1:00 p.m. shall be called by the County Chairman for the purpose of electing the four (4) officers and organizing the County Committee as deemed necessary by the newly elected four (4) officers. The persons eligible to vote shall be those precinct committeemen elected in the May Primary Election in the presidential election year and their appointed vice-precinct committeemen as well as precinct committeemen and vice precinct committeemen APPOINTED BY THE COUNTY CHAIRMAN BY DECEMBER 15 OF THE PRESIDENTIAL ELECTION YEAR, of the respective precincts of the county.
    • Current County GOP Officers 

      • (*) Mark Bowman, Chair,   Email
      • (*) Deb Noe, Vice Chair,   Email
      • (*) Melissa Stinson, Secretary, Email
      • Jim Kemp, Treasurer,, Email.  
        • Publically supporters Rule 1-25
      • (*) Officials “Not in Good Standing” – violation of  Indiana GOP Rule 1-25: The term “Republican in Good-Standing” shall be defined as a Republican who supports Republican nominees and who does not actively or openly support another candidate against a Republican nominee.
      • Precinct Committeemen (PC) – Elected in the 2024 primary.
        • Charlie Shaw, Hamblen 1,  VPC Jeanne Shaw
        • Mark Bowman Hamblen 2 (Chair). VPC?
        • Phil Stephens  Hamblen 3 (Hamblen Township Trustee, Director, Brown County Recycling.) VPC?
        • Deborah Goodrich, Jackson 1, VPC?
        • Sandy Higgins, Jackson 2,  (Appointed to replace Diana Biddle). VPC?
        • Duane Parsons, Jackson 3, VPC?
        • Larry Gardner, Jackson 4, VPC?
        • Jim Kemp for Van Buren 1, (Councilman, Treasurer), VPC Brad Stogsdill, (Sheriff)
        • Ted Adams, Washington 1, (Prosecutor). VPC?
        • Theresa Cobian, for Washington 2 (Commissioner Assistant). VPC Ross Benson
        • Cindy Wolpert, Washington 3 (Appointed (date?) and does not live in the precinct. Lost her election in Hamblen 1 in 2024 – defeated by Charlie Shaw).
Vice Precinct Committeemen (VPC). VPC can be selected by the PC and must live in the precinct. However, the BC GOP Chair can appoint anyone to a PC or VPC position to fill a vacancy. An appointed person does not have to live in the precinct. 

Transparency.  The Chair does not have to disclose the names of VPC (and has not) but this information can be obtained from the PC.  Why isn’t this information available on the Brown County Republican Party website?  

    • Elected government officials can request a list of the PCs and VPCs from the State GOP.  However, they are required to sign a non-disclosure agreement that they will not share the list. Precinct List User Agreement
 
Central Committee. The Central Committee consists of the PCs and VPCs. They vote for the new officers.
 
Elected Positions. Only the PCs vote for a candidate to fill a vacant elected position. This last happened in 2023 when 7 of 11 precinct committeemen voted to fill a commissioner vacancy when Chuck Braden resigned due to personal reasons.
 
Power of the Party.  The local GOP can influence appointments to boards and commissions, who should run for elected office, and even who should get county government jobs.
 
 
Part 2 – Problems, Challenges, Capabilities.  Local GOP Leadership Tim J. Clark Campaign Strategy.
 
Letters in the Democrat – Calling for Change 
  • Nov 27, 2024

BCD Letter mercedes

Music Center Excess Revenue Distribution

Jan 6, 2024. Ongoing Discussions – Clarification on Agreements

BCCF Community Foundation Agreement

Recorded By-Laws Maple Leaf Mgt Group

    • Current list of members (Dec 3, 2024). The current board make-up is five principal members and two at-large members.

      • Kevin Ault, Co-president, appointed by the CVC

      • Barry Herring, Co-president, member at-large, appointed by Maple Leaf Board of Directors
      • Jim Schultz, Secretary, appointed by the CVC
      • Bruce Gould, Vice President, appointed by the CVB Board

      • Jerry Pittman (commissioner appointment)

      • Darren Byrd (council appointment)

      • Diana Biddle, member at-large, appointed by Maple Leaf Board of Directors

Brown County Maple Leaf Management Group – Certificate and Articles of Incorporation: CertifiedCopiesAttachments

Brown County Maple Leaf Building Corporation Certificate and Articles of Incorporation – Brown County Maple Leaf Building Corp CertifiedCopiesAttachments

The administrative agreement between the county and the Maple Leaf (Music Center) Management Group identifies that “if permitted by law,” 75% of “excess revenue” from the Music Center will be given to the Brown County Community Foundation and 25% to the county.

    • The administrative agreement is between the Music Center Management Group, the Convention Visitors Commission (CVC), and the Music Center Bldg Corp.  The CVC and Bldg corporation consist of “appointed” officials. Of the 7 members of the Management Group, there are only “2” elected officials – one from the council (Darren Byrd) and one commissioner (Jerry Pittman),
    • The Music Center is a “county” asset. 

Informal discussions between the then president of the Management Group – Barry Herring, Councilman Darrent Byrd and Commissioner Jerry Pittman who also are members of the Management Group, agreed that the distribution would be changed to 50/50.

At the Nov 6, 2024 commissioner meeting, the Commissioners were going to vote to accept the 50/50 split.  John Eliott of the Community Foundation objected to the change and requested for the issue to be re-visited at the Nov 20, 2024 commissioner meeting.

    • Nov 20, 2024. Commissioner Meeting Notes.  Commissioners voted to table a vote on the distribution to 50/50 until next year.   Several citizens spoke in favor of keeping the current distribution ratio.
      • AUDIO of the Meeting 
      • 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 formal (documented) decision was made by the three boards allegedly required to support a change.
        • Several citizens spoke out in favor of retaining the current arrangement.
          • 01:08:28 Government Perspective – Tim Clark
    • Nov 6, 2024. Commissioner Meeting Notes, Excess Revenue Distribution, Amendment to Sign Ordinance. For the Record
      • Distribution – Excess Revenue from the Music Center.  The commissioners tabled the vote to approve a change from 75% to the Foundation and 25% to the County to a 50/50Split.  John Elliott from the Foundation requested that the commissioners reconsider their vote and will be placed on the Nov 20 meeting agenda to make the case that the county retain the 75/25 split.

Oct 29, 2024.  John Elliott: How should the $18 million managed by Brown County Community Foundation be used?

Apr 20, 2022. First Amendment to Administrative Agreement
BCMC First Amendment to Administration Agreement

    • Last year, an amendment to the music center’s administration agreement was approved to change how the $1 million capital improvement fund could be spent. Originally that fund was to be set aside for major building repairs and had to be at $1 million before profit from the music center could be split between the county and the Brown County Community Foundation.
    • The administration agreement states that once the capital improvement fund was at $1 million, remaining profits would be split 25/75 between the county (25%) and BCCF  with the foundation receiving 75 percent.  No money has been given to the county or the foundation yet under that agreement, which is separate from the payments made to the county in lieu of property taxes.
    • The amendment now allows the music center to also spend the $1 million capital improvement fund on operating losses from show cancellations or the venue having to close its doors again, like what happened when the pandemic first started here.
  • BCMC Administration Agreement 05.16.2018
    • The agreement is between the Management Corporation,  the Convention Visitors Commission (CVC) and the Maple Leaf Building Corporation.  The management Corporation is a 7 member board that includes a county council member (Darren Byrd) and Commissioner (Jerry Pittman).  The majority of members being “non-elected” officials.

bcmc admin agreement parties

bcmc admin 75

  • “... if permitted by law”?   Why would the “unelected” Directors of the Management Corporation have this power as opposed to the Commissioners, e.g., the “elected” officials.
  • Separate Fund Agreement?  

Additional Information

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

County Council Meeting Notes, Nov 18, 2024

Agenda County Council November 18, 2024

AUDIO 

  • Another detailed explanation on the 11.2% issue. 
  • Clerk proposing staffing changes and pay increases.
  • United Way – Presentation from Randy Rogers.  United Way another resource for addressing community social issues.
    • ALICE (Asset Limited, Income Constrained, Employed). 36% in Brown County, 46% in the region,  Brown County Poverty Rate at 9%. 
    • Dave Redding – Support provided by Cummins Community Involvement Team – grants from United Way on Literacy Kits, other.
    • Median Income in Brown County: 74K. Average in the state  67K.
    • “Community Assessment”.  Tool available to help counties identify priorities.
  •  
  • Helmsburg “Sock Factory” Money.  Commissions need a resolution to acknowledge the fund, move the money from an 8000 account to 4000. Commissioners decide on how it will be spent. No legal stipulation in the transfer of the Sock Factory to the County. Councilman Kemp recommended this be tabled until the new commissioners take office in January,
    • Sold for 417K. Remaining Balance 228K. 189K spent on the stormwater project in Helmsburg.
  • Commissioners Assistant Update. Projected  budget needs:
    • Health Insurance Fund — needs 200K
    • Liability Insurance – 200K
    • IT – Firewall Upgrade -source Capital Improvement Loan
    • Maintenance Contract and Options – Needs review by commissioners
    • Available Funds: General Fund, River Boat Fund, End-of Year Income tax receipts from the state – TBD
    • Policy – Salaried Employees –  Flex time and Comp Time
    • Apr 15, 2024. Sustainability/Revenue Spending Plan Apr 15, 2024

Agenda 20241118 County Council