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You are watching Access

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LaPorte County Channel 97. Next up is the

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LaPorte County Planning Commission meeting on September 22nd. You

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can find more

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information about this

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meeting at

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www.accesslaportecounty.org.

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Okay, we declare

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this meeting

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open on September 22,

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2026. Please

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stand for the

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Pledge of

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Allegiance.

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I pledge allegiance to the

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flag of the United

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States of America.

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And to the republic it

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symbolizes, one

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nation under God,

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indivisible, with

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liberty and

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justice for

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all.

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Thank you. Roll

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call,

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please.

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John Matushak?

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Present.

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Joseph Dochalski?

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No.

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Steve Holyfield?

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Present.

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John Carr? Rita Beatty?

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Present.

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Anthony Os?

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Present.

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Andrew Kapalczyk?

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Present.

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Jimmy Pressel?

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Present.

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Eric Poynton?

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Here.

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Okay, thank you. We have

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your quorum.

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Thank you.

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May I make a

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motion to

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approve the agenda

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for this evening?

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I will make a motion

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to approve the

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agenda.

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Second.

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Everyone who is "in favor"

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confirms this with

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the words "I do." "I". "Is

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anyone against it?" What about

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approving

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the minutes of this or

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last month's

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meeting...We do

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n't have them, do we?

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No, we don't have it.

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We received it by

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email. Did

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you guys get

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it? Good. Good.

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Let's make

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a motion to

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approve the

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minutes as

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presented in the

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email.

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Is there a second offer?

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Second proposal.

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Thank you. Everyone who is "in favor"

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confirms this with

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the words "I do." "Is

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anyone against it?"

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The proposal is accepted.

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Okay, let's move on

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. We have no petitions

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for this evening, but

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we do have some new

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cases that need

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updating. Uh, a slightly

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different, important, uh,

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unique situation

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here. So, I will turn

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this over to our

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building commissioner and/or

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attorney, or both.

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Thank you, Madam President

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. This is related to

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correspondence we

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received, uh, from a

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lawyer regarding, uh, the

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appeals

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court decision. Uh, I sent

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this to all of you so you

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could have a chance to

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read it.

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initially

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went to me, our

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legal counsel, and the

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district attorney. Um,

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and then the correspondence back and

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forth, um, the attorney

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indicated that, um,

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she would like to

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appear before the

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planning commission or the BZA to

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explain this, um, and

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provide us with

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information. Um, I don't

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think she'll

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be here tonight

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because we

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don't have the Zoom capability,

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um, but you all

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received

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the correspondence, um,

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which will be available, um,

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in our office as, um, a

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public record, as well

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as the

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appellate court decision. And,

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um, that's all I have.

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Perhaps our lawyer

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has something to add.

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So, we see that

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she is not present

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tonight,

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so we will continue with

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the lawyer tonight

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.

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Madam President,

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good evening. Hmm, you're

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right. This is a somewhat

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unique situation.

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Um, the speaker or

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questioner is

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missing here. Hmm, it doesn't

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appear. And I won't

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make a

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presentation on her

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behalf because I don't know

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what the

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presentation should be like. We were

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provided, or, excuse me, the

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Planning Commission

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was provided, and the

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building commissioner's office was provided with

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a copy of the

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appellate court decision, um

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, which I reviewed. And

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again, the signature

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on the

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appellate court decision

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that I received or that

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we received is

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in the case of Kenneth and

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Laura Nerenberg as

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plaintiff-appellants

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against Stacey Royer as

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defendant-

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appellant. This is from an

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appeal case

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that was heard, or,

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excuse me, the LaPorte County Trial Court

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in Superior Court

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Number Two in case

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number 46 D 02-2011-CT-1933.

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The conclusion provided, um,

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to the building commissioner's office

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indicates that

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this is the conclusion.

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However, there is some

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information that

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indicates that this is a

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memorandum conclusion

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or a

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memorandum decision. I couldn't

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tell what was

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true and what wasn't. Therefore, I

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simply proceed from what has

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been

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presented. And again

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, I'm not making a

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presentation about this

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. Um, frankly

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, there

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are errors in this conclusion.

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Um, for example,

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the property that is the

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subject of this

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appeal is listed by the

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appellate court as

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zoned residential.

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It is not zoned

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residential. It is

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zoned

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rural. And I've

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highlighted at least

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six questions that

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I have, uh,

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about this decision. And

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again, I don't

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know what exactly is meant

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by this

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decision or how it should

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be interpreted

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as related to the

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joint

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zoning ordinance. However, there

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are certain statements in the opinion

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that

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raise certain

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questions about

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the inclusiveness or

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exclusivity of the

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LaPorte County Joint Zoning Ordinance. Whereas,

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perhaps, the position will be taken

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that if a

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specific

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use is not

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permitted under the JZO,

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then it is prohibited. I

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can't believe that

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was the intent of the JZO

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or the wording

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contained in the JZO

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that each

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permitted

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use had to

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be specifically

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listed, because

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you would have a joint

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zoning ordinance the size of

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five phone books

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if anyone else was

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using a

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phone book. Um

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, so again, I do

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n't know what the asker

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was trying to do with

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this. We facilitated,

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sorry, Mike's office

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facilitated the inclusion of her

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request on the

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agenda. She is not here.

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Uh, there's no lawyer here to

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dissect any

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wording that

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they think needs to be

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dissected, as it

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relates to the LaPorte

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County Joint Zoning Ordinance

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, but given

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that, um, certainly

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it raises the

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possibility of

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some

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issues in the future

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that could potentially be

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addressed by this body

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. But again, I'm

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not going to make

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any presentation

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or offer a

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legal opinion on

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anything when there's

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nothing before the board

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on which to

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offer a

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legal opinion. So,

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here's where we are

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.

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Good. Well, as we

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said, this was a

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unique situation,

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something that I have

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n't seen before, our

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board has not seen before, so it's

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not something we're usually

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used to looking at.

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So at this point I

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don't know if there's

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any discussion needed on

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this, um,

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unless someone

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wants to say something

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outside the council; otherwise we'll

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just, um,

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listen and

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do our

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due diligence for

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tonight and

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move on to

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old business.

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If any of you have

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questions for me or

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legal counsel, I can

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answer them

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now. Otherwise

307
00:07:13,944 --> 00:07:14,981
, I would say

308
00:07:14,981 --> 00:07:16,106
we could move

309
00:07:16,106 --> 00:07:17,259
to where we have two

310
00:07:17,259 --> 00:07:18,267
standing committees,

311
00:07:18,267 --> 00:07:19,421
so maybe we could

312
00:07:19,421 --> 00:07:20,112
get

313
00:07:20,112 --> 00:07:21,064
updates from those

314
00:07:21,064 --> 00:07:22,130
committees from the rest of the

315
00:07:22,130 --> 00:07:24,472
board. The

316
00:07:24,472 --> 00:07:25,552
solar energy committee

317
00:07:25,552 --> 00:07:26,461
met last

318
00:07:26,461 --> 00:07:27,569
week or so

319
00:07:27,569 --> 00:07:28,775
. We discussed

320
00:07:28,775 --> 00:07:29,788
a few issues, and Matt

321
00:07:29,788 --> 00:07:30,204
Reardon from

322
00:07:30,204 --> 00:07:30,854
Economic

323
00:07:30,854 --> 00:07:31,763
Development was also

324
00:07:31,763 --> 00:07:32,773
involved in this.

325
00:07:32,773 --> 00:07:33,951
He was present at

326
00:07:33,951 --> 00:07:35,980
this. He

327
00:07:35,980 --> 00:07:37,070
suggested that

328
00:07:37,070 --> 00:07:38,433
since we can't

329
00:07:38,433 --> 00:07:39,251
kick these "

330
00:07:39,251 --> 00:07:40,273
baggage guys" out of

331
00:07:40,273 --> 00:07:41,091
town, then, um, let's

332
00:07:41,091 --> 00:07:42,283
set a limit of

333
00:07:42,283 --> 00:07:43,510
megawatts per acre, rather than

334
00:07:43,510 --> 00:07:44,600
just an overall

335
00:07:44,600 --> 00:07:45,690
limit, because, he

336
00:07:45,690 --> 00:07:46,542
said, they'll

337
00:07:46,542 --> 00:07:47,735
find a way around it

338
00:07:47,735 --> 00:07:49,952
. So you

339
00:07:49,952 --> 00:07:50,967
can say you

340
00:07:50,967 --> 00:07:51,356
can

341
00:07:51,356 --> 00:07:52,551
only use a

342
00:07:52,551 --> 00:07:53,447
certain number of

343
00:07:53,447 --> 00:07:55,092
megawatts per acre. That's

344
00:07:55,092 --> 00:07:56,922
all, that's all. And then, um,

345
00:07:56,922 --> 00:07:58,089
another proposal

346
00:07:58,089 --> 00:07:59,256
that he had to make

347
00:07:59,256 --> 00:08:00,294
to ensure

348
00:08:00,294 --> 00:08:01,234
implementation, regarding

349
00:08:01,234 --> 00:08:02,433
the cost of implementation,

350
00:08:02,433 --> 00:08:03,730
um, discussing a fee

351
00:08:03,730 --> 00:08:04,897
for each panel or

352
00:08:04,897 --> 00:08:06,096
structure on an annual

353
00:08:06,096 --> 00:08:07,603
basis. So, in that

354
00:08:07,603 --> 00:08:08,509
way, these guys are

355
00:08:08,509 --> 00:08:09,442
someone that you can

356
00:08:09,442 --> 00:08:10,155
investigate,

357
00:08:10,155 --> 00:08:11,253
make sure they're

358
00:08:11,253 --> 00:08:12,296
following the rules

359
00:08:12,296 --> 00:08:13,284
and their contract,

360
00:08:13,284 --> 00:08:14,382
make sure they're

361
00:08:14,382 --> 00:08:15,397
following it, because

362
00:08:15,397 --> 00:08:16,386
they're going to have

363
00:08:16,386 --> 00:08:17,181
weed control, they're going to have

364
00:08:17,181 --> 00:08:18,170
fences

365
00:08:18,170 --> 00:08:19,075
that they're going to have to take

366
00:08:19,075 --> 00:08:19,951
care of. They

367
00:08:19,951 --> 00:08:20,560
will have to

368
00:08:20,560 --> 00:08:21,429
take care of

369
00:08:21,429 --> 00:08:22,501
pollinators, which

370
00:08:22,501 --> 00:08:23,457
they claim

371
00:08:23,457 --> 00:08:24,471
can very quickly

372
00:08:24,471 --> 00:08:25,398
turn into

373
00:08:25,398 --> 00:08:26,430
noxious weeds.

374
00:08:26,430 --> 00:08:27,955
So, that's basically all

375
00:08:27,955 --> 00:08:29,551
we discussed. Uh

376
00:08:29,551 --> 00:08:31,171
, Tony, you were there. Do

377
00:08:31,171 --> 00:08:32,839
you have anything? Eric,

378
00:08:32,839 --> 00:08:34,889
were you there? Any other things

379
00:08:34,889 --> 00:08:35,477
? I don't have one

380
00:08:35,477 --> 00:08:37,620
. I think we

381
00:08:37,620 --> 00:08:39,306
mentioned maybe

382
00:08:39,336 --> 00:08:40,562
looking at whether

383
00:08:40,562 --> 00:08:41,727
we want to have any

384
00:08:41,727 --> 00:08:42,686
insurance requirements.

385
00:08:42,686 --> 00:08:43,920
Good.

386
00:08:43,920 --> 00:08:45,069
You know, if any of

387
00:08:45,069 --> 00:08:46,101
them were to express their

388
00:08:46,101 --> 00:08:47,191
opinion, I think it

389
00:08:47,191 --> 00:08:47,810
would require

390
00:08:47,810 --> 00:08:48,488
a longer

391
00:08:48,488 --> 00:08:49,255
discussion with a

392
00:08:49,255 --> 00:08:49,962
lawyer about the

393
00:08:49,962 --> 00:08:51,053
implications and how

394
00:08:51,053 --> 00:08:52,035
it works. But

395
00:08:52,035 --> 00:08:52,855
at least it was

396
00:08:52,855 --> 00:08:53,454
broken.

397
00:08:53,454 --> 00:08:54,275
And that was basically

398
00:08:54,275 --> 00:08:54,907
in case there

399
00:08:54,907 --> 00:08:55,708
was a fire that

400
00:08:55,708 --> 00:08:56,741
threatened to

401
00:08:56,762 --> 00:08:57,520
spread out of control or something

402
00:08:57,520 --> 00:08:57,937
like that.

403
00:08:57,937 --> 00:08:58,801
Just in general,

404
00:08:58,801 --> 00:08:59,994
just the fact that we

405
00:08:59,994 --> 00:09:01,079
discussed it. I

406
00:09:01,079 --> 00:09:02,138
know this issue

407
00:09:02,138 --> 00:09:03,257
was raised during a

408
00:09:03,257 --> 00:09:04,014
previous

409
00:09:04,014 --> 00:09:05,163
discussion on BZA, where there

410
00:09:05,163 --> 00:09:06,343
was a question about whether

411
00:09:06,343 --> 00:09:07,281
they had environmental

412
00:09:07,281 --> 00:09:08,419
insurance. So, I

413
00:09:08,419 --> 00:09:09,352
think it's just

414
00:09:09,352 --> 00:09:10,597
worth it...That was what

415
00:09:10,597 --> 00:09:13,939
we were talking about. So...

416
00:09:13,939 --> 00:09:16,488
Okay. Something else?

417
00:09:16,488 --> 00:09:18,341
Hmm. Do we have any

418
00:09:18,341 --> 00:09:19,699
updates from the other

419
00:09:19,699 --> 00:09:20,391
committee?

420
00:09:20,391 --> 00:09:23,152
Data center?

421
00:09:23,152 --> 00:09:24,441
We haven't met yet

422
00:09:24,441 --> 00:09:26,093
, and until someone comes up with a

423
00:09:26,126 --> 00:09:27,416
proposed plan,

424
00:09:27,416 --> 00:09:28,639
I mean, we don't

425
00:09:28,639 --> 00:09:29,498
know what we're going to have to

426
00:09:29,498 --> 00:09:30,688
change

427
00:09:30,688 --> 00:09:32,832
or make changes to. So...

428
00:09:32,832 --> 00:09:33,838
Yeah, I think the only

429
00:09:33,838 --> 00:09:34,612
reason we

430
00:09:34,612 --> 00:09:35,618
wanted to, and we should probably

431
00:09:35,618 --> 00:09:36,443
consider

432
00:09:36,443 --> 00:09:37,475
getting

433
00:09:37,475 --> 00:09:38,249
together, is because, I

434
00:09:38,249 --> 00:09:39,023
think, we wanted to

435
00:09:39,023 --> 00:09:40,958
look at how the

436
00:09:40,983 --> 00:09:41,964
data center works and tie that into

437
00:09:41,964 --> 00:09:42,815
, um, the changes that

438
00:09:42,815 --> 00:09:43,615
were made for the

439
00:09:43,615 --> 00:09:44,543
overlay district

440
00:09:44,543 --> 00:09:45,421
and the area, just

441
00:09:45,421 --> 00:09:46,401
to make sure that

442
00:09:46,401 --> 00:09:47,149
we're not creating

443
00:09:47,149 --> 00:09:48,103
some confusion or

444
00:09:48,103 --> 00:09:49,006
conflict between those

445
00:09:49,006 --> 00:09:49,984
two provisions.

446
00:09:49,984 --> 00:09:51,658
So, I think it would be worth at least

447
00:09:51,687 --> 00:09:52,757
considering these two.

448
00:09:52,757 --> 00:09:56,098
Good. Nothing else is

449
00:09:56,098 --> 00:10:00,645
connected. Good.

450
00:10:00,645 --> 00:10:03,122
Any other reports?

451
00:10:03,122 --> 00:10:04,378
So, in addition to that, um,

452
00:10:04,378 --> 00:10:05,601
a year ago, maybe

453
00:10:05,601 --> 00:10:06,620
longer, we started

454
00:10:06,620 --> 00:10:07,877
working on our

455
00:10:07,877 --> 00:10:09,032
new comprehensive

456
00:10:09,032 --> 00:10:13,984
county plan. Um,

457
00:10:13,984 --> 00:10:15,466
we had

458
00:10:15,466 --> 00:10:19,157
, uh, consultants working on this. Um

459
00:10:19,157 --> 00:10:20,420
, it was paid for by a

460
00:10:20,420 --> 00:10:21,816
grant. Um, the

461
00:10:21,816 --> 00:10:23,014
county planner

462
00:10:23,014 --> 00:10:23,708
was heavily

463
00:10:23,708 --> 00:10:25,759
involved in this.

464
00:10:25,759 --> 00:10:27,161
Um, he led it perfectly

465
00:10:27,161 --> 00:10:28,563
and organized everything

466
00:10:28,563 --> 00:10:30,952
. Um, several members of

467
00:10:30,952 --> 00:10:32,167
this, uh, commission

468
00:10:32,167 --> 00:10:33,457
were also on this

469
00:10:33,457 --> 00:10:34,372
committee. We

470
00:10:34,372 --> 00:10:35,662
met several

471
00:10:35,662 --> 00:10:36,961
times. Um, there were

472
00:10:36,961 --> 00:10:37,973
several

473
00:10:37,973 --> 00:10:39,175
public workshops held

474
00:10:39,175 --> 00:10:40,250
at various locations throughout the

475
00:10:40,250 --> 00:10:42,862
county. Um,

476
00:10:42,892 --> 00:10:43,774
literature was published to

477
00:10:43,774 --> 00:10:44,930
try to get

478
00:10:44,930 --> 00:10:45,782
as much

479
00:10:45,782 --> 00:10:46,908
public opinion on

480
00:10:46,908 --> 00:10:48,344
this issue as possible, uh. Um,

481
00:10:48,344 --> 00:10:49,932
we even added, uh,

482
00:10:49,932 --> 00:10:51,277
Tony and, uh,

483
00:10:51,277 --> 00:10:52,825
after Harold, uh,

484
00:10:52,825 --> 00:10:54,291
resigned from the

485
00:10:54,291 --> 00:10:56,202
board. But, uh,

486
00:10:56,202 --> 00:10:57,592
usually these things

487
00:10:57,592 --> 00:10:59,386
are updated every 15-20

488
00:10:59,386 --> 00:11:00,013
years in the

489
00:11:00,013 --> 00:11:01,414
municipality.

490
00:11:01,414 --> 00:11:02,784
It's time to make

491
00:11:02,784 --> 00:11:04,610
ours. We are getting ready. We are

492
00:11:04,610 --> 00:11:05,679
at the end, and we

493
00:11:05,679 --> 00:11:06,962
are preparing to officially

494
00:11:06,962 --> 00:11:09,553
accept it. And

495
00:11:09,553 --> 00:11:10,770
usually after that,

496
00:11:10,770 --> 00:11:12,019
there is a review of

497
00:11:12,019 --> 00:11:13,236
our

498
00:11:13,236 --> 00:11:14,266
zoning ordinance and its

499
00:11:14,266 --> 00:11:20,392
update. And I think

500
00:11:21,579 --> 00:11:22,658
there was some

501
00:11:22,658 --> 00:11:23,485
discussion within this commission, as well as at the BZA level, of

502
00:11:23,485 --> 00:11:24,924
specific things that

503
00:11:24,924 --> 00:11:27,117
could be updated,

504
00:11:27,153 --> 00:11:28,592
wording adjusted, you know,

505
00:11:28,592 --> 00:11:31,825
things like that. We

506
00:11:31,825 --> 00:11:32,596
talked about

507
00:11:32,596 --> 00:11:33,335
shipping

508
00:11:33,335 --> 00:11:34,556
containers, chickens, and

509
00:11:34,556 --> 00:11:36,746
animals. Tony raised

510
00:11:36,746 --> 00:11:37,685
some interesting

511
00:11:37,685 --> 00:11:42,157
points. So, I think the

512
00:11:42,157 --> 00:11:43,704
entire JZO needs a

513
00:11:43,704 --> 00:11:49,999
review. And, um,

514
00:11:49,999 --> 00:11:51,077
instead of

515
00:11:51,077 --> 00:11:52,190
breaking it up into

516
00:11:52,190 --> 00:11:52,864
pieces with

517
00:11:52,864 --> 00:11:53,842
amendments here,

518
00:11:53,842 --> 00:11:54,820
amendments there,

519
00:11:54,820 --> 00:11:55,797
as time

520
00:11:55,797 --> 00:11:57,078
permits, we could

521
00:11:57,078 --> 00:11:58,326
, um, propose

522
00:11:58,326 --> 00:12:03,960
changes. And then, um,

523
00:12:03,960 --> 00:12:05,237
when we're ready

524
00:12:05,237 --> 00:12:06,416
, maybe in the first

525
00:12:06,416 --> 00:12:07,660
quarter of next

526
00:12:07,660 --> 00:12:08,708
year or some

527
00:12:08,708 --> 00:12:09,690
other time, we

528
00:12:09,690 --> 00:12:10,901
could schedule a

529
00:12:10,901 --> 00:12:12,178
public hearing,

530
00:12:12,178 --> 00:12:13,095
which is required

531
00:12:13,095 --> 00:12:14,634
by law, get

532
00:12:14,666 --> 00:12:15,780
public feedback, um,

533
00:12:15,780 --> 00:12:17,024
maybe have a few

534
00:12:17,024 --> 00:12:18,104
projects, eventually

535
00:12:18,104 --> 00:12:19,316
do something that we're

536
00:12:19,316 --> 00:12:20,560
happy with, and eventually

537
00:12:20,560 --> 00:12:22,230
adopt a new

538
00:12:22,262 --> 00:12:23,593
zoning ordinance.

539
00:12:23,593 --> 00:12:24,299
So, you're just

540
00:12:24,299 --> 00:12:24,880
looking at

541
00:12:24,880 --> 00:12:25,738
just

542
00:12:25,738 --> 00:12:26,747
tweaking a few

543
00:12:26,747 --> 00:12:27,827
things here and there. I

544
00:12:27,827 --> 00:12:28,786
mean, it's been a

545
00:12:28,786 --> 00:12:29,663
long time since the

546
00:12:29,663 --> 00:12:30,825
update. And

547
00:12:30,825 --> 00:12:31,796
with the new, um,

548
00:12:31,796 --> 00:12:34,482
comprehensive, plan...

549
00:12:34,482 --> 00:12:35,576
That's what you're looking at

550
00:12:35,576 --> 00:12:35,763
...

551
00:12:35,763 --> 00:12:37,547
in 2016...

552
00:12:37,547 --> 00:12:39,681
16, so that's 10 years.

553
00:12:39,681 --> 00:12:41,466
So,

554
00:12:41,466 --> 00:12:42,941
yes, yes, a comprehensive

555
00:12:42,941 --> 00:12:44,038
plan, um, even

556
00:12:44,038 --> 00:12:45,024
older...

557
00:12:45,024 --> 00:12:45,738
That's right...

558
00:12:45,738 --> 00:12:48,585
than JZO. And then our JZO,

559
00:12:48,585 --> 00:12:50,548
10 years old, I would say the

560
00:12:50,548 --> 00:12:51,796
time has come.

561
00:12:51,796 --> 00:12:53,017
There are some things you have

562
00:12:53,017 --> 00:12:54,340
seen in your office

563
00:12:54,340 --> 00:12:55,290
that we should

564
00:12:55,290 --> 00:12:58,682
consider.

565
00:12:58,682 --> 00:12:59,936
Yes, I have various

566
00:12:59,936 --> 00:13:01,375
things that I found that

567
00:13:01,375 --> 00:13:02,334
I would like to

568
00:13:02,334 --> 00:13:05,985
fix. One of them is

569
00:13:05,985 --> 00:13:07,172
sand mining and

570
00:13:07,172 --> 00:13:08,088
quarrying, and the

571
00:13:08,088 --> 00:13:12,170
wording is as follows. But I

572
00:13:12,170 --> 00:13:13,229
think several

573
00:13:13,229 --> 00:13:14,324
members of this board have

574
00:13:14,324 --> 00:13:15,453
also raised

575
00:13:15,453 --> 00:13:16,912
other issues. You know,

576
00:13:16,912 --> 00:13:18,247
just today Tony

577
00:13:18,247 --> 00:13:19,654
found a link to the

578
00:13:19,654 --> 00:13:22,251
maps and information that

579
00:13:22,287 --> 00:13:23,657
our JCO is referring to, these are broken

580
00:13:23,657 --> 00:13:25,161
links. The expiration date

581
00:13:25,161 --> 00:13:26,239
has expired. Nothing

582
00:13:26,239 --> 00:13:27,534
happens when you

583
00:13:27,534 --> 00:13:31,058
open them.

584
00:13:31,058 --> 00:13:32,321
Eric and I talked about

585
00:13:32,321 --> 00:13:34,896
this. We get so

586
00:13:34,896 --> 00:13:36,034
many cases regarding

587
00:13:36,034 --> 00:13:36,897
shipping

588
00:13:36,897 --> 00:13:40,994
containers at BZA. Um,

589
00:13:40,994 --> 00:13:42,366
this is something that could be

590
00:13:42,366 --> 00:13:43,528
addressed at the

591
00:13:43,528 --> 00:13:44,935
planning commission level

592
00:13:44,935 --> 00:13:45,780
to reduce the

593
00:13:45,780 --> 00:13:48,733
burden on the BZA.

594
00:13:48,733 --> 00:13:50,031
Eric, do you have anything

595
00:13:50,031 --> 00:13:51,297
you want to add on

596
00:13:51,297 --> 00:13:52,241
this?

597
00:13:52,241 --> 00:13:54,276
I mean, as far as

598
00:13:54,309 --> 00:13:55,543
this is concerned, I think if, you

599
00:13:55,543 --> 00:13:56,611
know, the way you

600
00:13:56,611 --> 00:13:57,712
do some other

601
00:13:57,712 --> 00:13:58,512
things, if you

602
00:13:58,512 --> 00:13:59,547
sign it with

603
00:13:59,547 --> 00:14:00,781
your neighbors or

604
00:14:00,781 --> 00:14:01,815
send it, they

605
00:14:01,815 --> 00:14:03,050
might object.

606
00:14:03,050 --> 00:14:04,244
You know, it needs to be

607
00:14:04,244 --> 00:14:05,439
painted just like

608
00:14:05,439 --> 00:14:06,633
, you know, a house or

609
00:14:06,633 --> 00:14:07,410
structures or

610
00:14:07,410 --> 00:14:08,736
whatever. This falls

611
00:14:08,736 --> 00:14:09,912
under the same existing

612
00:14:09,912 --> 00:14:11,159
structure. You cannot

613
00:14:11,159 --> 00:14:12,157
have more than a certain

614
00:14:12,157 --> 00:14:13,184
number of existing

615
00:14:13,184 --> 00:14:14,275
structures. It still has to

616
00:14:14,275 --> 00:14:15,301
comply with

617
00:14:15,301 --> 00:14:16,354
all the regulations, and as long as

618
00:14:16,354 --> 00:14:17,407
you guys say

619
00:14:17,407 --> 00:14:18,001
they can

620
00:14:18,001 --> 00:14:19,053
comply with the regulations

621
00:14:19,053 --> 00:14:19,998
, we won't have to

622
00:14:19,998 --> 00:14:20,916
see one or two

623
00:14:20,916 --> 00:14:21,888
sea containers

624
00:14:21,888 --> 00:14:22,690
every month on the BZA.

625
00:14:22,690 --> 00:14:23,733
For example, a section of

626
00:14:23,733 --> 00:14:25,036
auxiliary buildings.

627
00:14:25,036 --> 00:14:26,583
Right. We could

628
00:14:26,583 --> 00:14:27,942
develop a standard for,

629
00:14:27,942 --> 00:14:29,155
you know, proper

630
00:14:29,155 --> 00:14:30,331
installation, um,

631
00:14:30,331 --> 00:14:31,617
foundation supports,

632
00:14:31,617 --> 00:14:32,720
anchoring, um,

633
00:14:32,720 --> 00:14:33,992
placement. You're not

634
00:14:33,992 --> 00:14:35,101
going to put

635
00:14:35,101 --> 00:14:36,056
it in front of your

636
00:14:36,056 --> 00:14:37,349
house on the road. Both do

637
00:14:37,349 --> 00:14:38,848
not match

638
00:14:38,848 --> 00:14:40,142
. So, it has to be,

639
00:14:40,142 --> 00:14:40,900
you know, we'll

640
00:14:40,900 --> 00:14:43,230
have to develop

641
00:14:43,230 --> 00:14:44,840
criteria. Would it be

642
00:14:44,840 --> 00:14:45,894
...Would it be time

643
00:14:45,894 --> 00:14:46,714
to look into...We're

644
00:14:46,714 --> 00:14:47,651
getting a lot of

645
00:14:47,651 --> 00:14:48,734
complaints and I'm forwarding

646
00:14:48,734 --> 00:14:49,787
them to you guys regarding

647
00:14:49,787 --> 00:14:50,402
defective

648
00:14:50,402 --> 00:14:51,685
cars. Would

649
00:14:51,685 --> 00:14:53,103
this be something we could

650
00:14:53,103 --> 00:14:54,516
include in the JZO? But

651
00:14:54,516 --> 00:14:55,616
again, as we

652
00:14:55,616 --> 00:14:56,717
said this

653
00:14:56,717 --> 00:14:58,011
afternoon, we will have to

654
00:14:58,011 --> 00:14:59,144
find the strength to

655
00:14:59,144 --> 00:15:00,810
do it. And that

656
00:15:00,810 --> 00:15:01,957
would require fines

657
00:15:01,957 --> 00:15:02,977
or something like that,

658
00:15:02,977 --> 00:15:03,678
even if you

659
00:15:03,678 --> 00:15:04,794
have to, even

660
00:15:04,794 --> 00:15:05,750
if you have to

661
00:15:05,750 --> 00:15:06,898
allocate enough

662
00:15:06,898 --> 00:15:08,045
money to cover

663
00:15:08,045 --> 00:15:09,320
it, to have someone in your

664
00:15:09,320 --> 00:15:11,087
department deal with it.

665
00:15:11,087 --> 00:15:14,128
Yes. Hmm, one of the

666
00:15:14,128 --> 00:15:15,461
problems we have

667
00:15:15,461 --> 00:15:16,350
with

668
00:15:16,350 --> 00:15:17,444
code enforcement, or

669
00:15:17,444 --> 00:15:18,777
lack thereof, is

670
00:15:18,777 --> 00:15:20,042
that the regulation is

671
00:15:20,042 --> 00:15:21,375
old, uh, for example,

672
00:15:21,375 --> 00:15:22,298
and the legal framework of

673
00:15:22,298 --> 00:15:23,528
the departments that have the

674
00:15:23,528 --> 00:15:24,383
authority to

675
00:15:24,383 --> 00:15:25,579
enforce it is very

676
00:15:25,579 --> 00:15:28,278
broad.

677
00:15:28,278 --> 00:15:30,308
For example, you have a

678
00:15:30,344 --> 00:15:31,627
noxious weed council

679
00:15:31,627 --> 00:15:34,724
that hasn't met in

680
00:15:34,724 --> 00:15:35,931
over a decade,

681
00:15:35,931 --> 00:15:36,903
maybe more than a

682
00:15:36,903 --> 00:15:38,414
decade.

683
00:15:38,414 --> 00:15:40,664
Wasn't that part of the

684
00:15:40,698 --> 00:15:41,235
village board of trustees?

685
00:15:41,235 --> 00:15:42,373
Yes, yes, the caretakers

686
00:15:42,373 --> 00:15:43,622
have unkempt

687
00:15:43,622 --> 00:15:46,014
grass. So,

688
00:15:46,014 --> 00:15:47,388
there are certain cases that

689
00:15:47,388 --> 00:15:48,613
I will send

690
00:15:48,613 --> 00:15:49,802
letters about for any

691
00:15:49,802 --> 00:15:51,064
reason, any

692
00:15:51,064 --> 00:15:52,513
complaint that comes in,

693
00:15:52,513 --> 00:15:53,961
because we have, you know

694
00:15:53,961 --> 00:15:55,336
, let's say, a 40% success rate in

695
00:15:55,336 --> 00:15:56,413
mitigating these

696
00:15:56,413 --> 00:15:57,675
consequences without, uh,

697
00:15:57,675 --> 00:15:58,604
sending a

698
00:15:58,604 --> 00:15:59,978
punisher on them or,

699
00:15:59,978 --> 00:16:01,055
you know, filing

700
00:16:01,055 --> 00:16:03,247
lawsuits and so on.

701
00:16:03,247 --> 00:16:04,435
You should look

702
00:16:04,435 --> 00:16:05,778
at the results.

703
00:16:05,778 --> 00:16:06,799
Uh,

704
00:16:06,799 --> 00:16:08,080
yeah, I'm not against it,

705
00:16:08,080 --> 00:16:09,722
but when it comes to

706
00:16:09,755 --> 00:16:11,069
having the legal

707
00:16:11,069 --> 00:16:12,087
right to file

708
00:16:12,087 --> 00:16:13,401
cases, there could be

709
00:16:13,401 --> 00:16:14,518
more clearly defined

710
00:16:14,518 --> 00:16:16,653
wording as to what

711
00:16:16,685 --> 00:16:19,017
the sheriff will do, what the health department will do

712
00:16:19,050 --> 00:16:20,331
, what the

713
00:16:20,331 --> 00:16:21,087
building

714
00:16:21,087 --> 00:16:22,860
department will do, what the

715
00:16:22,893 --> 00:16:24,075
trustee's office will do, uh, what that,

716
00:16:24,075 --> 00:16:26,499
you know, point is. There are

717
00:16:26,499 --> 00:16:27,357
many different

718
00:16:27,357 --> 00:16:28,314
law enforcement

719
00:16:28,314 --> 00:16:29,568
agencies, but a clearer

720
00:16:29,568 --> 00:16:33,173
regulation with

721
00:16:33,173 --> 00:16:33,778
updated

722
00:16:33,778 --> 00:16:35,020
wording would be

723
00:16:35,020 --> 00:16:36,428
appropriate.

724
00:16:36,428 --> 00:16:37,097
Well, when everyone

725
00:16:37,097 --> 00:16:37,675
hands over

726
00:16:37,675 --> 00:16:38,435
authority to the

727
00:16:38,435 --> 00:16:39,591
next person, we

728
00:16:39,591 --> 00:16:40,656
run into so

729
00:16:40,656 --> 00:16:41,751
much of this that

730
00:16:41,751 --> 00:16:42,816
it goes back to the

731
00:16:42,816 --> 00:16:44,188
building commission.

732
00:16:44,188 --> 00:16:47,301
So...Yes,

733
00:16:47,301 --> 00:16:48,111
we are indeed

734
00:16:48,111 --> 00:16:49,239
universal and

735
00:16:49,239 --> 00:16:50,648
statewide...I

736
00:16:50,648 --> 00:16:51,987
know, like DHS and the

737
00:16:51,987 --> 00:16:53,326
fire marshal's office, there are

738
00:16:53,326 --> 00:16:54,312
some state

739
00:16:54,312 --> 00:16:55,686
departments where, uh, they have

740
00:16:55,686 --> 00:16:56,849
fewer people,

741
00:16:56,849 --> 00:16:57,166
they've

742
00:16:57,166 --> 00:16:58,470
reorganized, and

743
00:16:58,470 --> 00:16:59,738
more and more is

744
00:16:59,738 --> 00:17:01,147
being devolved to local

745
00:17:01,147 --> 00:17:05,808
municipalities. Um,

746
00:17:05,808 --> 00:17:07,190
and when that happens

747
00:17:07,190 --> 00:17:07,899
, you just

748
00:17:07,899 --> 00:17:09,316
go to people

749
00:17:09,316 --> 00:17:10,591
who already have a full

750
00:17:10,591 --> 00:17:11,938
plate and tell them,

751
00:17:11,938 --> 00:17:13,320
"Well, now you have this

752
00:17:13,320 --> 00:17:15,375
duty, and this

753
00:17:15,375 --> 00:17:16,485
duty." No

754
00:17:16,485 --> 00:17:17,389
protocols, no

755
00:17:17,389 --> 00:17:18,106
standard

756
00:17:18,106 --> 00:17:19,322
operating procedures

757
00:17:19,322 --> 00:17:21,520
, no resources. It

758
00:17:21,520 --> 00:17:22,837
makes life difficult for all of

759
00:17:22,837 --> 00:17:23,512
them, so...

760
00:17:23,512 --> 00:17:24,208
Right.

761
00:17:24,208 --> 00:17:24,904
Mandates without

762
00:17:24,904 --> 00:17:25,796
funding.

763
00:17:25,796 --> 00:17:30,788
Hmm. Good. Okay, so

764
00:17:30,788 --> 00:17:31,863
we have a lot to

765
00:17:31,863 --> 00:17:32,670
look forward to

766
00:17:32,670 --> 00:17:33,914
next year, it looks like

767
00:17:33,914 --> 00:17:34,648
...

768
00:17:34,648 --> 00:17:35,793
That's when you guys

769
00:17:35,793 --> 00:17:37,039
moved to 2 acres, and

770
00:17:37,039 --> 00:17:38,386
then we moved away from

771
00:17:38,386 --> 00:17:39,363
that because there

772
00:17:39,363 --> 00:17:40,677
are a lot of places in the county

773
00:17:40,677 --> 00:17:42,424
. They have a yard in the front

774
00:17:42,424 --> 00:17:43,592
that they mow, and

775
00:17:43,592 --> 00:17:44,894
then you have an acre and a half in

776
00:17:44,894 --> 00:17:45,828
the back that's

777
00:17:45,828 --> 00:17:46,996
weeds, or you have

778
00:17:46,996 --> 00:17:48,197
people who have let a

779
00:17:48,197 --> 00:17:49,232
couple of ponies out and they

780
00:17:49,232 --> 00:17:50,600
eat on the bare ground.

781
00:17:50,600 --> 00:17:51,252
And didn't we

782
00:17:51,252 --> 00:17:52,081
adjust that

783
00:17:52,081 --> 00:17:53,089
a few years ago

784
00:17:53,089 --> 00:17:54,067
when they had to

785
00:17:54,067 --> 00:17:55,223
have at least

786
00:17:55,223 --> 00:17:56,242
6 acres for horses?

787
00:17:56,242 --> 00:17:58,376
We switched to three.

788
00:17:58,376 --> 00:17:59,854
Now three, okay. So,

789
00:17:59,854 --> 00:18:00,652
shall we

790
00:18:00,652 --> 00:18:01,820
consider this? Even 3

791
00:18:01,820 --> 00:18:03,068
acres, meaning one horse,

792
00:18:03,068 --> 00:18:04,004
3 acres

793
00:18:04,004 --> 00:18:06,399
will not be too much for them.

794
00:18:06,399 --> 00:18:07,484
I think all this

795
00:18:07,484 --> 00:18:08,604
terminology that

796
00:18:08,604 --> 00:18:09,791
applies to animals,

797
00:18:09,791 --> 00:18:11,115
from chickens to horses and

798
00:18:11,115 --> 00:18:12,336
whatever, should be

799
00:18:12,336 --> 00:18:13,150
reviewed,

800
00:18:13,150 --> 00:18:13,897
discussed,

801
00:18:13,897 --> 00:18:14,915
different

802
00:18:14,915 --> 00:18:20,510
points of view taken into account, and then

803
00:18:20,510 --> 00:18:21,768
come to a consensus and

804
00:18:21,768 --> 00:18:24,179
vote.

805
00:18:24,179 --> 00:18:25,319
That's how we ended up

806
00:18:25,319 --> 00:18:26,401
creating it, because when we were

807
00:18:26,401 --> 00:18:27,542
doing it originally,

808
00:18:27,542 --> 00:18:28,712
we didn't have anything that

809
00:18:28,712 --> 00:18:29,121
could be

810
00:18:29,121 --> 00:18:29,999
considered in the

811
00:18:29,999 --> 00:18:31,439
animal ordinance.

812
00:18:31,439 --> 00:18:32,661
So we took other

813
00:18:32,661 --> 00:18:33,807
counties that were

814
00:18:33,807 --> 00:18:35,259
near us, what they

815
00:18:35,259 --> 00:18:36,634
had, because some of

816
00:18:36,634 --> 00:18:37,857
them have 20 acres and

817
00:18:37,857 --> 00:18:38,815
so on. So we

818
00:18:38,815 --> 00:18:39,874
tried to

819
00:18:39,874 --> 00:18:40,933
compromise and chose

820
00:18:40,933 --> 00:18:42,142
three acres over four

821
00:18:42,142 --> 00:18:43,292
acres to try to

822
00:18:43,292 --> 00:18:44,320
accommodate the needs of

823
00:18:44,320 --> 00:18:45,288
some families who

824
00:18:45,288 --> 00:18:47,145
were looking for four acres.

825
00:18:47,145 --> 00:18:50,457
So we compressed it.

826
00:18:50,457 --> 00:18:51,442
And if we see

827
00:18:51,442 --> 00:18:52,691
problems with that, it doesn't

828
00:18:52,691 --> 00:18:53,940
necessarily mean

829
00:18:53,940 --> 00:18:54,893
we need to

830
00:18:54,893 --> 00:18:56,174
change the area, but we

831
00:18:56,174 --> 00:18:57,061
could add

832
00:18:57,061 --> 00:18:57,850
criteria to

833
00:18:57,850 --> 00:18:59,000
address the problems

834
00:18:59,000 --> 00:19:00,838
that we saw. And I

835
00:19:00,838 --> 00:19:02,091
think the other thing

836
00:19:02,091 --> 00:19:03,382
you violated is the

837
00:19:03,382 --> 00:19:04,598
two acres that were

838
00:19:04,598 --> 00:19:05,963
reduced to one

839
00:19:05,963 --> 00:19:06,395
acre.

840
00:19:06,395 --> 00:19:07,249
Right.

841
00:19:07,249 --> 00:19:08,728
This happened to me,

842
00:19:08,728 --> 00:19:10,291
but, um, I think I...I

843
00:19:10,291 --> 00:19:12,005
know about it. I think it

844
00:19:12,005 --> 00:19:13,554
was in 2012,

845
00:19:13,554 --> 00:19:14,477
Jacob.

846
00:19:14,477 --> 00:19:15,657
Just for

847
00:19:15,657 --> 00:19:16,861
residential property. Good.

848
00:19:16,861 --> 00:19:17,885
It used to be two

849
00:19:17,885 --> 00:19:18,880
acres, but now we've

850
00:19:18,880 --> 00:19:20,026
moved to one acre

851
00:19:20,026 --> 00:19:21,121
with 200 feet of frontage.

852
00:19:21,121 --> 00:19:21,892
That's what we

853
00:19:21,892 --> 00:19:22,920
switched to when we

854
00:19:22,920 --> 00:19:25,600
did this.

855
00:19:25,600 --> 00:19:27,118
And we get a lot of

856
00:19:27,118 --> 00:19:28,144
those at BZA regarding

857
00:19:28,144 --> 00:19:29,625
deviations,

858
00:19:29,625 --> 00:19:35,352
facade reduction. Good.

859
00:19:35,352 --> 00:19:37,281
Okay, is there

860
00:19:37,281 --> 00:19:41,211
any more old stuff?

861
00:19:41,211 --> 00:19:42,886
Good. A

862
00:19:42,886 --> 00:19:45,513
transfer proposal?

863
00:19:45,513 --> 00:19:46,123
Second.

864
00:19:46,123 --> 00:19:47,356
Everyone who is "in favor"?

865
00:19:47,356 --> 00:19:49,174
Yes.

866
00:19:49,174 --> 00:19:50,054
Thank you all for

867
00:19:50,054 --> 00:19:51,865
being here.