[0:02] You are watching Access [0:04] LaPorte County Channel 97. Next up is the [0:09] LaPorte County Planning Commission meeting on September 22nd. You [0:11] can find more [0:13] information about this [0:14] meeting at [0:16] www.accesslaportecounty.org. [0:22] Okay, we declare [0:24] this meeting [0:25] open on September 22, [0:27] 2026. Please [0:28] stand for the [0:29] Pledge of [0:30] Allegiance. [0:32] I pledge allegiance to the [0:33] flag of the United [0:34] States of America. [0:36] And to the republic it [0:37] symbolizes, one [0:38] nation under God, [0:39] indivisible, with [0:40] liberty and [0:41] justice for [0:42] all. [0:44] Thank you. Roll [0:47] call, [0:48] please. [0:53] John Matushak? [0:54] Present. [0:55] Joseph Dochalski? [0:57] No. [0:57] Steve Holyfield? [0:59] Present. [1:00] John Carr? Rita Beatty? [1:02] Present. [1:03] Anthony Os? [1:04] Present. [1:05] Andrew Kapalczyk? [1:06] Present. [1:07] Jimmy Pressel? [1:08] Present. [1:08] Eric Poynton? [1:09] Here. [1:11] Okay, thank you. We have [1:12] your quorum. [1:13] Thank you. [1:14] May I make a [1:15] motion to [1:15] approve the agenda [1:16] for this evening? [1:18] I will make a motion [1:18] to approve the [1:19] agenda. [1:20] Second. [1:21] Everyone who is "in favor" [1:21] confirms this with [1:22] the words "I do." "I". "Is [1:23] anyone against it?" What about [1:25] approving [1:26] the minutes of this or [1:27] last month's [1:28] meeting...We do [1:29] n't have them, do we? [1:30] No, we don't have it. [1:32] We received it by [1:32] email. Did [1:33] you guys get [1:34] it? Good. Good. [1:35] Let's make [1:37] a motion to [1:37] approve the [1:38] minutes as [1:38] presented in the [1:39] email. [1:40] Is there a second offer? [1:42] Second proposal. [1:43] Thank you. Everyone who is "in favor" [1:45] confirms this with [1:46] the words "I do." "Is [1:47] anyone against it?" [1:49] The proposal is accepted. [1:50] Okay, let's move on [1:52] . We have no petitions [1:53] for this evening, but [1:54] we do have some new [1:56] cases that need [1:57] updating. Uh, a slightly [1:59] different, important, uh, [2:01] unique situation [2:02] here. So, I will turn [2:04] this over to our [2:05] building commissioner and/or [2:07] attorney, or both. [2:08] Thank you, Madam President [2:10] . This is related to [2:12] correspondence we [2:14] received, uh, from a [2:15] lawyer regarding, uh, the [2:16] appeals [2:18] court decision. Uh, I sent [2:21] this to all of you so you [2:22] could have a chance to [2:23] read it. [2:24] initially [2:25] went to me, our [2:26] legal counsel, and the [2:27] district attorney. Um, [2:31] and then the correspondence back and [2:32] forth, um, the attorney [2:34] indicated that, um, [2:35] she would like to [2:36] appear before the [2:38] planning commission or the BZA to [2:39] explain this, um, and [2:41] provide us with [2:42] information. Um, I don't [2:46] think she'll [2:47] be here tonight [2:48] because we [2:50] don't have the Zoom capability, [2:51] um, but you all [2:52] received [2:53] the correspondence, um, [2:54] which will be available, um, [2:55] in our office as, um, a [2:57] public record, as well [2:58] as the [2:59] appellate court decision. And, [3:03] um, that's all I have. [3:05] Perhaps our lawyer [3:07] has something to add. [3:08] So, we see that [3:09] she is not present [3:09] tonight, [3:10] so we will continue with [3:11] the lawyer tonight [3:12] . [3:13] Madam President, [3:14] good evening. Hmm, you're [3:15] right. This is a somewhat [3:17] unique situation. [3:20] Um, the speaker or [3:21] questioner is [3:22] missing here. Hmm, it doesn't [3:25] appear. And I won't [3:29] make a [3:30] presentation on her [3:31] behalf because I don't know [3:32] what the [3:33] presentation should be like. We were [3:38] provided, or, excuse me, the [3:40] Planning Commission [3:41] was provided, and the [3:43] building commissioner's office was provided with [3:45] a copy of the [3:45] appellate court decision, um [3:47] , which I reviewed. And [3:50] again, the signature [3:51] on the [3:52] appellate court decision [3:53] that I received or that [3:54] we received is [3:55] in the case of Kenneth and [3:56] Laura Nerenberg as [3:58] plaintiff-appellants [3:59] against Stacey Royer as [4:00] defendant- [4:01] appellant. This is from an [4:03] appeal case [4:05] that was heard, or, [4:06] excuse me, the LaPorte County Trial Court [4:10] in Superior Court [4:12] Number Two in case [4:13] number 46 D 02-2011-CT-1933. [4:16] The conclusion provided, um, [4:18] to the building commissioner's office [4:19] indicates that [4:20] this is the conclusion. [4:22] However, there is some [4:23] information that [4:24] indicates that this is a [4:25] memorandum conclusion [4:27] or a [4:27] memorandum decision. I couldn't [4:29] tell what was [4:30] true and what wasn't. Therefore, I [4:32] simply proceed from what has [4:33] been [4:34] presented. And again [4:35] , I'm not making a [4:36] presentation about this [4:37] . Um, frankly [4:39] , there [4:40] are errors in this conclusion. [4:44] Um, for example, [4:45] the property that is the [4:46] subject of this [4:47] appeal is listed by the [4:48] appellate court as [4:50] zoned residential. [4:51] It is not zoned [4:52] residential. It is [4:53] zoned [4:54] rural. And I've [4:55] highlighted at least [4:56] six questions that [4:57] I have, uh, [4:58] about this decision. And [5:00] again, I don't [5:00] know what exactly is meant [5:02] by this [5:03] decision or how it should [5:06] be interpreted [5:07] as related to the [5:08] joint [5:09] zoning ordinance. However, there [5:11] are certain statements in the opinion [5:12] that [5:13] raise certain [5:14] questions about [5:15] the inclusiveness or [5:16] exclusivity of the [5:19] LaPorte County Joint Zoning Ordinance. Whereas, [5:23] perhaps, the position will be taken [5:24] that if a [5:25] specific [5:26] use is not [5:27] permitted under the JZO, [5:29] then it is prohibited. I [5:32] can't believe that [5:33] was the intent of the JZO [5:34] or the wording [5:36] contained in the JZO [5:37] that each [5:38] permitted [5:38] use had to [5:40] be specifically [5:41] listed, because [5:42] you would have a joint [5:44] zoning ordinance the size of [5:45] five phone books [5:47] if anyone else was [5:47] using a [5:48] phone book. Um [5:53] , so again, I do [5:54] n't know what the asker [5:56] was trying to do with [5:57] this. We facilitated, [6:00] sorry, Mike's office [6:01] facilitated the inclusion of her [6:03] request on the [6:04] agenda. She is not here. [6:06] Uh, there's no lawyer here to [6:08] dissect any [6:09] wording that [6:10] they think needs to be [6:11] dissected, as it [6:12] relates to the LaPorte [6:14] County Joint Zoning Ordinance [6:15] , but given [6:17] that, um, certainly [6:18] it raises the [6:18] possibility of [6:19] some [6:20] issues in the future [6:22] that could potentially be [6:23] addressed by this body [6:24] . But again, I'm [6:25] not going to make [6:26] any presentation [6:27] or offer a [6:28] legal opinion on [6:29] anything when there's [6:30] nothing before the board [6:31] on which to [6:32] offer a [6:33] legal opinion. So, [6:34] here's where we are [6:35] . [6:37] Good. Well, as we [6:39] said, this was a [6:40] unique situation, [6:41] something that I have [6:43] n't seen before, our [6:44] board has not seen before, so it's [6:45] not something we're usually [6:46] used to looking at. [6:49] So at this point I [6:50] don't know if there's [6:52] any discussion needed on [6:53] this, um, [6:54] unless someone [6:55] wants to say something [6:56] outside the council; otherwise we'll [6:57] just, um, [6:58] listen and [6:59] do our [7:00] due diligence for [7:01] tonight and [7:02] move on to [7:03] old business. [7:08] If any of you have [7:09] questions for me or [7:10] legal counsel, I can [7:12] answer them [7:13] now. Otherwise [7:13] , I would say [7:14] we could move [7:16] to where we have two [7:17] standing committees, [7:18] so maybe we could [7:19] get [7:20] updates from those [7:21] committees from the rest of the [7:22] board. The [7:24] solar energy committee [7:25] met last [7:26] week or so [7:27] . We discussed [7:28] a few issues, and Matt [7:29] Reardon from [7:30] Economic [7:30] Development was also [7:31] involved in this. [7:32] He was present at [7:33] this. He [7:35] suggested that [7:37] since we can't [7:38] kick these " [7:39] baggage guys" out of [7:40] town, then, um, let's [7:41] set a limit of [7:42] megawatts per acre, rather than [7:43] just an overall [7:44] limit, because, he [7:45] said, they'll [7:46] find a way around it [7:47] . So you [7:49] can say you [7:50] can [7:51] only use a [7:52] certain number of [7:53] megawatts per acre. That's [7:55] all, that's all. And then, um, [7:56] another proposal [7:58] that he had to make [7:59] to ensure [8:00] implementation, regarding [8:01] the cost of implementation, [8:02] um, discussing a fee [8:03] for each panel or [8:04] structure on an annual [8:06] basis. So, in that [8:07] way, these guys are [8:08] someone that you can [8:09] investigate, [8:10] make sure they're [8:11] following the rules [8:12] and their contract, [8:13] make sure they're [8:14] following it, because [8:15] they're going to have [8:16] weed control, they're going to have [8:17] fences [8:18] that they're going to have to take [8:19] care of. They [8:19] will have to [8:20] take care of [8:21] pollinators, which [8:22] they claim [8:23] can very quickly [8:24] turn into [8:25] noxious weeds. [8:26] So, that's basically all [8:27] we discussed. Uh [8:29] , Tony, you were there. Do [8:31] you have anything? Eric, [8:32] were you there? Any other things [8:34] ? I don't have one [8:35] . I think we [8:37] mentioned maybe [8:39] looking at whether [8:40] we want to have any [8:41] insurance requirements. [8:42] Good. [8:43] You know, if any of [8:45] them were to express their [8:46] opinion, I think it [8:47] would require [8:47] a longer [8:48] discussion with a [8:49] lawyer about the [8:49] implications and how [8:51] it works. But [8:52] at least it was [8:52] broken. [8:53] And that was basically [8:54] in case there [8:54] was a fire that [8:55] threatened to [8:56] spread out of control or something [8:57] like that. [8:57] Just in general, [8:58] just the fact that we [8:59] discussed it. I [9:01] know this issue [9:02] was raised during a [9:03] previous [9:04] discussion on BZA, where there [9:05] was a question about whether [9:06] they had environmental [9:07] insurance. So, I [9:08] think it's just [9:09] worth it...That was what [9:10] we were talking about. So... [9:13] Okay. Something else? [9:16] Hmm. Do we have any [9:18] updates from the other [9:19] committee? [9:20] Data center? [9:23] We haven't met yet [9:24] , and until someone comes up with a [9:26] proposed plan, [9:27] I mean, we don't [9:28] know what we're going to have to [9:29] change [9:30] or make changes to. So... [9:32] Yeah, I think the only [9:33] reason we [9:34] wanted to, and we should probably [9:35] consider [9:36] getting [9:37] together, is because, I [9:38] think, we wanted to [9:39] look at how the [9:40] data center works and tie that into [9:41] , um, the changes that [9:42] were made for the [9:43] overlay district [9:44] and the area, just [9:45] to make sure that [9:46] we're not creating [9:47] some confusion or [9:48] conflict between those [9:49] two provisions. [9:49] So, I think it would be worth at least [9:51] considering these two. [9:52] Good. Nothing else is [9:56] connected. Good. [10:00] Any other reports? [10:03] So, in addition to that, um, [10:04] a year ago, maybe [10:05] longer, we started [10:06] working on our [10:07] new comprehensive [10:09] county plan. Um, [10:13] we had [10:15] , uh, consultants working on this. Um [10:19] , it was paid for by a [10:20] grant. Um, the [10:21] county planner [10:23] was heavily [10:23] involved in this. [10:25] Um, he led it perfectly [10:27] and organized everything [10:28] . Um, several members of [10:30] this, uh, commission [10:32] were also on this [10:33] committee. We [10:34] met several [10:35] times. Um, there were [10:36] several [10:37] public workshops held [10:39] at various locations throughout the [10:40] county. Um, [10:42] literature was published to [10:43] try to get [10:44] as much [10:45] public opinion on [10:46] this issue as possible, uh. Um, [10:48] we even added, uh, [10:49] Tony and, uh, [10:51] after Harold, uh, [10:52] resigned from the [10:54] board. But, uh, [10:56] usually these things [10:57] are updated every 15-20 [10:59] years in the [11:00] municipality. [11:01] It's time to make [11:02] ours. We are getting ready. We are [11:04] at the end, and we [11:05] are preparing to officially [11:06] accept it. And [11:09] usually after that, [11:10] there is a review of [11:12] our [11:13] zoning ordinance and its [11:14] update. And I think [11:21] there was some [11:22] discussion within this commission, as well as at the BZA level, of [11:23] specific things that [11:24] could be updated, [11:27] wording adjusted, you know, [11:28] things like that. We [11:31] talked about [11:32] shipping [11:33] containers, chickens, and [11:34] animals. Tony raised [11:36] some interesting [11:37] points. So, I think the [11:42] entire JZO needs a [11:43] review. And, um, [11:49] instead of [11:51] breaking it up into [11:52] pieces with [11:52] amendments here, [11:53] amendments there, [11:54] as time [11:55] permits, we could [11:57] , um, propose [11:58] changes. And then, um, [12:03] when we're ready [12:05] , maybe in the first [12:06] quarter of next [12:07] year or some [12:08] other time, we [12:09] could schedule a [12:10] public hearing, [12:12] which is required [12:13] by law, get [12:14] public feedback, um, [12:15] maybe have a few [12:17] projects, eventually [12:18] do something that we're [12:19] happy with, and eventually [12:20] adopt a new [12:22] zoning ordinance. [12:23] So, you're just [12:24] looking at [12:24] just [12:25] tweaking a few [12:26] things here and there. I [12:27] mean, it's been a [12:28] long time since the [12:29] update. And [12:30] with the new, um, [12:31] comprehensive, plan... [12:34] That's what you're looking at [12:35] ... [12:35] in 2016... [12:37] 16, so that's 10 years. [12:39] So, [12:41] yes, yes, a comprehensive [12:42] plan, um, even [12:44] older... [12:45] That's right... [12:45] than JZO. And then our JZO, [12:48] 10 years old, I would say the [12:50] time has come. [12:51] There are some things you have [12:53] seen in your office [12:54] that we should [12:55] consider. [12:58] Yes, I have various [12:59] things that I found that [13:01] I would like to [13:02] fix. One of them is [13:05] sand mining and [13:07] quarrying, and the [13:08] wording is as follows. But I [13:12] think several [13:13] members of this board have [13:14] also raised [13:15] other issues. You know, [13:16] just today Tony [13:18] found a link to the [13:19] maps and information that [13:22] our JCO is referring to, these are broken [13:23] links. The expiration date [13:25] has expired. Nothing [13:26] happens when you [13:27] open them. [13:31] Eric and I talked about [13:32] this. We get so [13:34] many cases regarding [13:36] shipping [13:36] containers at BZA. Um, [13:40] this is something that could be [13:42] addressed at the [13:43] planning commission level [13:44] to reduce the [13:45] burden on the BZA. [13:48] Eric, do you have anything [13:50] you want to add on [13:51] this? [13:52] I mean, as far as [13:54] this is concerned, I think if, you [13:55] know, the way you [13:56] do some other [13:57] things, if you [13:58] sign it with [13:59] your neighbors or [14:00] send it, they [14:01] might object. [14:03] You know, it needs to be [14:04] painted just like [14:05] , you know, a house or [14:06] structures or [14:07] whatever. This falls [14:08] under the same existing [14:09] structure. You cannot [14:11] have more than a certain [14:12] number of existing [14:13] structures. It still has to [14:14] comply with [14:15] all the regulations, and as long as [14:16] you guys say [14:17] they can [14:18] comply with the regulations [14:19] , we won't have to [14:19] see one or two [14:20] sea containers [14:21] every month on the BZA. [14:22] For example, a section of [14:23] auxiliary buildings. [14:25] Right. We could [14:26] develop a standard for, [14:27] you know, proper [14:29] installation, um, [14:30] foundation supports, [14:31] anchoring, um, [14:32] placement. You're not [14:33] going to put [14:35] it in front of your [14:36] house on the road. Both do [14:37] not match [14:38] . So, it has to be, [14:40] you know, we'll [14:40] have to develop [14:43] criteria. Would it be [14:44] ...Would it be time [14:45] to look into...We're [14:46] getting a lot of [14:47] complaints and I'm forwarding [14:48] them to you guys regarding [14:49] defective [14:50] cars. Would [14:51] this be something we could [14:53] include in the JZO? But [14:54] again, as we [14:55] said this [14:56] afternoon, we will have to [14:58] find the strength to [14:59] do it. And that [15:00] would require fines [15:01] or something like that, [15:02] even if you [15:03] have to, even [15:04] if you have to [15:05] allocate enough [15:06] money to cover [15:08] it, to have someone in your [15:09] department deal with it. [15:11] Yes. Hmm, one of the [15:14] problems we have [15:15] with [15:16] code enforcement, or [15:17] lack thereof, is [15:18] that the regulation is [15:20] old, uh, for example, [15:21] and the legal framework of [15:22] the departments that have the [15:23] authority to [15:24] enforce it is very [15:25] broad. [15:28] For example, you have a [15:30] noxious weed council [15:31] that hasn't met in [15:34] over a decade, [15:35] maybe more than a [15:36] decade. [15:38] Wasn't that part of the [15:40] village board of trustees? [15:41] Yes, yes, the caretakers [15:42] have unkempt [15:43] grass. So, [15:46] there are certain cases that [15:47] I will send [15:48] letters about for any [15:49] reason, any [15:51] complaint that comes in, [15:52] because we have, you know [15:53] , let's say, a 40% success rate in [15:55] mitigating these [15:56] consequences without, uh, [15:57] sending a [15:58] punisher on them or, [15:59] you know, filing [16:01] lawsuits and so on. [16:03] You should look [16:04] at the results. [16:05] Uh, [16:06] yeah, I'm not against it, [16:08] but when it comes to [16:09] having the legal [16:11] right to file [16:12] cases, there could be [16:13] more clearly defined [16:14] wording as to what [16:16] the sheriff will do, what the health department will do [16:19] , what the [16:20] building [16:21] department will do, what the [16:22] trustee's office will do, uh, what that, [16:24] you know, point is. There are [16:26] many different [16:27] law enforcement [16:28] agencies, but a clearer [16:29] regulation with [16:33] updated [16:33] wording would be [16:35] appropriate. [16:36] Well, when everyone [16:37] hands over [16:37] authority to the [16:38] next person, we [16:39] run into so [16:40] much of this that [16:41] it goes back to the [16:42] building commission. [16:44] So...Yes, [16:47] we are indeed [16:48] universal and [16:49] statewide...I [16:50] know, like DHS and the [16:51] fire marshal's office, there are [16:53] some state [16:54] departments where, uh, they have [16:55] fewer people, [16:56] they've [16:57] reorganized, and [16:58] more and more is [16:59] being devolved to local [17:01] municipalities. Um, [17:05] and when that happens [17:07] , you just [17:07] go to people [17:09] who already have a full [17:10] plate and tell them, [17:11] "Well, now you have this [17:13] duty, and this [17:15] duty." No [17:16] protocols, no [17:17] standard [17:18] operating procedures [17:19] , no resources. It [17:21] makes life difficult for all of [17:22] them, so... [17:23] Right. [17:24] Mandates without [17:24] funding. [17:25] Hmm. Good. Okay, so [17:30] we have a lot to [17:31] look forward to [17:32] next year, it looks like [17:33] ... [17:34] That's when you guys [17:35] moved to 2 acres, and [17:37] then we moved away from [17:38] that because there [17:39] are a lot of places in the county [17:40] . They have a yard in the front [17:42] that they mow, and [17:43] then you have an acre and a half in [17:44] the back that's [17:45] weeds, or you have [17:46] people who have let a [17:48] couple of ponies out and they [17:49] eat on the bare ground. [17:50] And didn't we [17:51] adjust that [17:52] a few years ago [17:53] when they had to [17:54] have at least [17:55] 6 acres for horses? [17:56] We switched to three. [17:58] Now three, okay. So, [17:59] shall we [18:00] consider this? Even 3 [18:01] acres, meaning one horse, [18:03] 3 acres [18:04] will not be too much for them. [18:06] I think all this [18:07] terminology that [18:08] applies to animals, [18:09] from chickens to horses and [18:11] whatever, should be [18:12] reviewed, [18:13] discussed, [18:13] different [18:14] points of view taken into account, and then [18:20] come to a consensus and [18:21] vote. [18:24] That's how we ended up [18:25] creating it, because when we were [18:26] doing it originally, [18:27] we didn't have anything that [18:28] could be [18:29] considered in the [18:29] animal ordinance. [18:31] So we took other [18:32] counties that were [18:33] near us, what they [18:35] had, because some of [18:36] them have 20 acres and [18:37] so on. So we [18:38] tried to [18:39] compromise and chose [18:40] three acres over four [18:42] acres to try to [18:43] accommodate the needs of [18:44] some families who [18:45] were looking for four acres. [18:47] So we compressed it. [18:50] And if we see [18:51] problems with that, it doesn't [18:52] necessarily mean [18:53] we need to [18:54] change the area, but we [18:56] could add [18:57] criteria to [18:57] address the problems [18:59] that we saw. And I [19:00] think the other thing [19:02] you violated is the [19:03] two acres that were [19:04] reduced to one [19:05] acre. [19:06] Right. [19:07] This happened to me, [19:08] but, um, I think I...I [19:10] know about it. I think it [19:12] was in 2012, [19:13] Jacob. [19:14] Just for [19:15] residential property. Good. [19:16] It used to be two [19:17] acres, but now we've [19:18] moved to one acre [19:20] with 200 feet of frontage. [19:21] That's what we [19:21] switched to when we [19:22] did this. [19:25] And we get a lot of [19:27] those at BZA regarding [19:28] deviations, [19:29] facade reduction. Good. [19:35] Okay, is there [19:37] any more old stuff? [19:41] Good. A [19:42] transfer proposal? [19:45] Second. [19:46] Everyone who is "in favor"? [19:47] Yes. [19:49] Thank you all for [19:50] being here.