Habitat Commissioner Presentation (Powerpoint) Nov 20 2024

Habitat McClary Road Proposal (Word) Nov 20 2024

Commissioner Meeting Notes, Nov 20, 2024

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

Sustainability/Revenue Spending Plan Apr 15, 2024

• • FUND MGMT and REPORTING BINDER of BROWN Co Sustainability 04 15 24

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

2024 PERSONNEL POLICIES HANDBOOK Revised 01-25-2024

The APC voted 4 to 3 NOT to recommend approval of the change. The commissioners meet on Dec 4, 2024, at 2:00 p.m. and can vote to approve the change. (Although the topic is on their agenda for their meeting on Nov 20, 2024, they cannot vote on the APC recommendation without first receiving a certification by the Planning Director.

• • Nov 19, 2024. Plan commission recommends against rezoning Tilton property, by Dave Stafford, BCD

Appeals.  A zoning change can be challenged/appealed to the Board of Zoning Appeals (BZA) or judicial court. The BZA meets tonight at 6:00.

APC additional info provided by the Planning Director

APC Follow-Up Questions Regarding the Tilton Project –  Anonymous

Trail_Town_Manual_web

The North Country Trail Association

The human, health, and community benefits associated with the North
Country National Scenic Trail (NCNST) have been widely realized in many
communities. The NCNST helps encourage healthy lifestyles and active living
by supporting hiking and other recreational activities. The trail provides
environmental benefits by protecting important human and wildlife corridors
and enabling alternative modes of transportation. The North Country National
Scenic Trail also helps foster a strong sense of community and place, providing
an opportunity for social interaction and access to community amenities such
as parks, neighborhoods, schools, and downtowns.

Noelle Szydlyk

Indiana Destination Development Corporation

Director, Sports Tourism and Event Planning

(m) 317-416-3470

Helmsburg (HRSD) IDEM Recommended Order

Gnawbone. IDEM Recommended Order

Gnaw Bone received approval from IDEM for their customers to vote on board members.  The commissioners made a recent appointment to fill a vacancy. (To Do: Obtain the supporting paperwork)

The first four attached documents are from County records regarding the establishment and funding of Gnaw Bone Regional Sewer District.

• 1999004157
• 1999002012
• 1997000850
• 1997000851

 Also included a document from the Indiana Department of Environmental Management regarding the establishment of the District. The IDEM Virtual File Cabinet can be searched here:

https://ecm.idem.in.gov/cs/idcplg?IdcService=GET_DOC_PAGE&Action=GetTemplatePage&Page=HOME_PAGE

Bean Blossom – Brown County Regional Sewer District (RSD)

Question: Why was this RSD initiated by the council vice commissioners? Was and is this approporate?  The Commissioners are the executive body of the county.  Commissioners appoint board members of the Helmsburg and Gnaw  Bone RSDs.

• • June 14, 2006.  Bean Blossom RSD Formation
  • May 13, 2013 Bean Blossom Expanding Territory 68116921
  • Dec 23, 2013. 1st order Modifying the Bean Blossom RSD 3 to 5 members 80339407     

Last updated: Nov 13, 2024

Context:  Commissioner Meeting Notes, Nov 6, 2024, 2:00 p.m., Amendment to Sign Ordinance
Two commissioners whose terms of office end in December voted to approve an amendment to a sign ordinance.  The amendment was passed despite the unanimous recommendation by the Area Plan Commission Not to approve it. A survey conducted by the APC and citizen input provided at commissioner meetings supported the  APCs recommendation not to approve.

• • Executive Summary – Amendment to the Sign Ordinance

How do you challenge a county government ordinance?

ChatGPT

Challenging a county government ordinance involves a legal process where an individual, group, or entity argues that the ordinance is invalid or unconstitutional. Here are the general steps for challenging a county ordinance:

1. Review the Ordinance

• Understand the Ordinance: First, thoroughly review the text of the ordinance to understand its provisions and the grounds on which it might be challenged. It’s important to determine if the ordinance violates any higher laws, such as the U.S. Constitution, state constitution, or other laws.

2. Determine Grounds for Challenge

• Constitutional Violations: One of the most common reasons to challenge an ordinance is that it violates constitutional rights, such as freedom of speech, equal protection, or due process.
• Preemption: If the ordinance conflicts with state or federal law, it may be preempted (overridden) by those higher laws.
• Improper Enactment: If the ordinance was not passed according to proper legal procedures, such as public hearings or required votes, it may be challenged on procedural grounds.
• Vagueness or Overbreadth: If the ordinance is unclear or too broad in scope, it might be challenged for lack of clarity or specificity.
• Excessive Delegation of Authority: If the county government exceeds its authority or delegates too much power to a body or official, that could be another basis for a challenge.

3. Exhaust Local Remedies (If Applicable)

• Petition the County: Before moving to court, some jurisdictions require residents to first address the issue with the county’s governing body (such as the Board of Supervisors or County Commissioners). This could involve submitting a petition, presenting a formal objection, or attending a public meeting.
• Engage in Public Advocacy: You can attempt to convince local lawmakers to repeal or amend the ordinance before pursuing legal action.

4. Consult with an Attorney

• Legal Advice: Consult with an attorney experienced in constitutional law, municipal law, or administrative law to assess the strength of your case and guide you through the process. A lawyer can help determine if the ordinance is indeed unlawful and provide strategic advice.
• Class Action or Community Support: In some cases, an individual challenge might be more effective if supported by a broader coalition or class action, especially if the ordinance affects a large number of people.

5. File a Lawsuit

If informal remedies do not resolve the issue, the next step is to file a lawsuit in court. The steps generally include:

• Jurisdiction: Determine which court has jurisdiction over the case. In most cases, challenges to county ordinances are filed in the county superior court or state court. If the issue involves a constitutional violation, a federal court might have jurisdiction.
• Standing: You must have legal standing to challenge the ordinance, meaning you must show that you are directly affected by it. For example, you may live in the county, own property impacted by the ordinance, or have some other personal stake in the matter.
• File a Complaint: The complaint should outline the legal basis for challenging the ordinance, including any constitutional or statutory violations, and request specific relief, such as an injunction or declaratory judgment that the ordinance is invalid.

6. Preliminary Injunction (If Needed)

• If the ordinance is already in effect and you believe it is causing harm, you can request a preliminary injunction to temporarily block enforcement of the ordinance while the case is being decided.

7. Court Process

• Motion to Dismiss: The county government may file a motion to dismiss your challenge, arguing that your lawsuit should be thrown out. The court will review the legal arguments from both sides before making a decision.
• Trial or Summary Judgment: If the case goes forward, there may be a trial or a motion for summary judgment, where the court will make a determination based on the law and evidence. For legal challenges, summary judgment (a ruling based on the law without a trial) is often sought.

8. Appeal (If Necessary)

• If you lose the case in the trial court, you may have the option to appeal to a higher court. The appellate court will review the legal issues and decide if the lower court made errors in interpreting the law.

9. Other Legal Remedies

• Petition for Repeal: In some cases, if legal action is not successful, residents may also attempt to organize a petition drive to repeal the ordinance or request that the local government reconsider the law. This could involve getting signatures from voters to force a referendum or ballot initiative.

Common Grounds for Challenging a County Ordinance:

• Unconstitutional under state or federal law (e.g., violating due process, free speech, or equal protection).
• Conflict with state or federal laws (i.e., the ordinance exceeds the county’s authority or is preempted).
• Failure to follow required procedural steps (e.g., improper public notice, insufficient public hearings).
• Vagueness or lack of clarity (i.e., the ordinance is unclear or overly broad, leading to arbitrary enforcement).

Conclusion

Challenging a county ordinance typically involves understanding the ordinance’s legal foundations, consulting with an attorney, and filing a lawsuit if informal methods fail. If successful, the court could declare the ordinance invalid or issue an injunction to block its enforcement.

What is a “stay of enforcement”?

ChatGPT

A “stay of enforcement” is a legal order that temporarily halts or suspends the enforcement of a judgment or court order. This means that any actions required to implement the judgment—such as collecting a debt, carrying out a penalty, or executing a decision—are put on hold for a specific period.

Stay of enforcement is often granted while an appeal is pending or when the party affected by the judgment requests more time to comply or to challenge the decision. In essence, it provides a temporary reprieve from the consequences of a court ruling.

For example, if a person loses a lawsuit and is ordered to pay damages, they might request a stay of enforcement to delay having to pay until they can appeal the decision.