Commissioners appoint newmember to plan commission

The Washington County Commissioner’s appointed Democrat Logan Davidson, who lives in Gibson Township to serve on the Washington County Plan Commission.

“I spoke with him and he is a very level-headed, polite, soft spoken young man,” said Commissioner Todd Ewen. “My kids went to school with him. I look forward to his service on the plan commission.”

Commissioner Tony Cardwell was hesitant to approve Davidson’s appointment because at the previous two commissioner’s meetings he had made a motion to vacate all the positions except the seat held by Andrew Davission. The motion was made because those appointed did not take their oath to serve on the commission within 30 days of being appointed.

“We have a vacancy on the board and I am asking that we fill that vacancy with an individual who is willing to serve and meets all the criteria,” Ewen said.

Ewen and Marshall voted to approve Davidson with Cardwell abstaining himself due to his previous motion to vacate the plan commission, which he brought up for the third meeting.

Ewen asked attorney Lisa Fleming to address the matter with hopes to “Put the matter to bed.”

Fleming had prepared a statement. She said upon learning of the allegations that the plan commission was illegal and hearing that an initiation was made to dissolve it she researched the matter.

“I did find that members take an oath to support the constitution to the United States of America and the State of Indiana before they assume office,” she said. “There is also a requirement that they include a pledge to faithfully discharge the duties of the office. The oath is suppose to be taken not longer than 30 days after the beginning of term of office.”

Fleming said then a notarized oath needs to be signed and filed with the clerk of courts.

She said all of the plan commission members have taken their oaths.

“The question remains should the plan commission be resolved because of our failure to timely administered the oaths to some of the members,” Fleming said. “After research, I have determined the answer to that question is no. Members are required to take an oath and do so timely it’s just a technical defect that was not done, it’s not a fatal error.”

Fleming said she believes the plan commission is legal and took measures to resolve a technical defect and get the oaths in place and plan to resume meetings in may.

Marshall asked about political affiliations if a plan commission member votes outside of their registered party.

Fleming said a person voting differently in one election doesn’t change their political affiliation.

“I do not believe that was the intent of the Indiana code,” Fleming said. “The result would be chaos. There would be people coming in and out all the time.”

Cardwell said he didn’t move for the plan commission to be dissolved, just vacated and reappointed due to the lack of oaths being taken.

Rhonda Greene said the problem with vacating the board and reappointing is that some members may not qualify to be reappointed due to their recent voting records.

“That’s why they want to go ahead and put the oaths in and not pass this proposed resolution, basically baptizing the sins of the board away,” Greene said.

County Clerk Stephanie Rockey spoke as her position as an elected official and a taxpayer and as the election administrator.

“”I believe wholeheartedly a lot of people have lost confidence in a lot of positions,” she said. “That creates chaos and assumptions. I have put personal time in like other elected officials trying to restore confidence. I have spoken to the election division and we do not determine law. I seek counsel and after discussing with them it’s my recommendation to vacate those positions and reappoint them.

“There is a lawsuit in court right now. Restore the faith, and this is my opinion, by vacating those positions and reappoint who you want to and start doing things the right way. We have to come together and restore the faith. Here lately everything is under the microscope.”

Fleming disagreed, saying that the people have worked hard, under duress and mostly without pay for eight months on a document for the county would be an insult to vacate their positions and reappoint them.

Fleming recommended that Marshall read the appeals court decision and confer with the county attorney.

In other business, The county opened bids for the Community Crossings Matching Grant from Temple & Temple and C & R Construction. Temple & Temple’s bid was $1,977,853 and C & R was $1,899,757.

The commissioners formed a selection committee once they received bids. The IEDC is behind on their work, according to Ewen and the county can start taking bids toward the end of April. The committee will be Angie Buchanan, Ewen, Andrew Davisson, Gerald Fleming and Todd Armstrong. At some point the county will form a scoping committee, which will go through the fine points of the new building to ensure they get what they want for the amount of money the contractor said they would do the work for.

Josh Everhart with the Washington County Health Department approached the commissioners about wiping out a food ordinance and a bed and breakfast ordinance completely out and replacing them with a new ordinance.

He said there is no difference than the code references and wording a little more up to date.

“We are just looking to bring it up to current standards as we see it,” Everhart said. “The enforcement is written in there as far as how appeals are being done. If we ever get to that we do have an enforcement policy in there.”

Everhart said he needs to get the civil penalty sheet verified by the county attorney.

He said there is also an update for the permit fees due to legislation going through.

“The state is looking to have a state-wide food truck permit,” Everhart said. “That permit fee is $450. “We currently charge, in this county, $75 for every food truck that comes in per year. Of the $450, we only get $200. The state gets $200.”

He said the state gets the $250 to maintain the database that the county is actually required to fill out.

Everhart proposed raising the rate for one through 10 employees to $100; 11 or more to $150; a bed breakfast has to be 14 or less rooms would be $50. Mobile food establishments until the above-mentioned legislation goes through will be $100.

He said that legislation likely won’t take affect until 2027.

Temporary permits will remain $35.

The commissioners did not take action at this meeting and will look at the ordinance at their May 6 meeting.