Good morning. I'm going to call to order this meeting of the Monroe County Board of Commissioners. It
is Thursday, February 12th. I will note for the record that Commissioner Madeira and myself are here
and present in that new Hill Room. And Commissioner Lee Jones is joining us via Teams. Welcome Commissioner
Jones. We will begin with our public statement. We, the Monroe County Board of Commissioners,
Renew our commitment to welcome and protect the rights of all people, regardless of age, race, color,
creed, disability, sexual orientation, gender, gender identity, marital status, economic status, and
national origin. And we affirm the right of every person to live peacefully and without fear. And we
will fight and resist at every step discrimination and harmful policies, whatever their source. We believe
in diversity, equity,
inclusion and belonging we stand in support of our county public school systems both rbb and mccsc and
with that we will move on to our department updates it looks like we have miss kelly joining us from
the health department good morning good morning commissioners just a few updates according to the indiana
department of health
We have not seen changes in the number of emergency department visits for COVID-like illness or hospital
admissions, but wastewater concentrations have increased. According to data provided by wastewater scan
for Monroe County, we are seeing high levels of COVID flu, RSV, and norovirus. The health department
now has combo flu and COVID tests for free.
The public can walk in Monday through Friday from 8 AM to 4 PM to receive free tests. And the Health
Department is still transitioning our vaccination services from IU Health Community Health. Our aim
is to begin providing these services in mid March. At this time, the Morgan County Health Department
has vaccines available. You can call 765-342-6621 for an appointment.
All right, thank you so much. Comments or questions? Commissioner Medeo? No, I know that several varieties
of what we technically call the IC is going around. And so that confirms it. Thank you. And those combination
tests are available at the Health Department on the corner 7th and College, correct? Yes, that is correct.
Great. Thank you so much. Appreciate you. Thank you for being here. Do you have any questions, Commissioner
Jones? No, I don't.
Okay thank you. All right next we have Mr. Kreider. Good morning commissioners. Richard Kreider, Monroe
County Building and Fleet Department. Recently we requested bids to install
or purchase and install a new generator at the Highway Department. Take the existing generator at the
Highway Department and install it at the Youth Services Bureau. Those bids were due at 9 a.m. this morning
and we received two. I'm going to hand them over to Jeff Cockrell. We'll open them. And the bid is for
installing
a new generator, purchase of a new generator, installing it, and also moving, relocating the other current
generator. Okay, thank you. I just want to clarify that for the public. First is from Crown Electric,
at Aterre Haute, Indiana.
a it looks like a base bid of four hundred and twenty thousand dollars and then they also responded
to the two alternatives. The second bid is from Cassie Electric from Elksville, Indiana.
have a base bid of $382,000, and they also had a cost for both alternatives. So I guess with that, we'd
like to go through these, take these under advisement, and bring you a recommendation. OK. Sounds good.
Commissioner Jones, are you good with taking this under advisement? Yes, I am. All right. Commissioner
Madera? Yes. Thank you. Excellent.
Thank you, Mr. Crider. All right, sit back for a minute. Any other departments have updates for us?
You can raise your hand on Teams or come to the podium.
Being done, we will now move on to public comment. This is time reserved for items that are not on our
agenda. We ask commenters to limit their time to three minutes per person and to provide your name and
county of residence before you speak. You can raise your hand in teams or come on up to the podium.
Being done, we will move on to our next agenda item, please.
I would like to move approval of the minutes for February 5th, 2026. I will second that. Any comments,
corrections, or edits? Commissioner Jones, Commissioner Madeira? No. OK. With that, Mr. Cockrell, will
you please call the roll on the approval of minutes for February 5th, 2026? Commissioner Thomas? Yes.
Commissioner Madeira? Yes. Commissioner Jones? Yes.
Motion is approved, three to zero. Thank you so much. Next item, please. I would like to move approval
of the claims docket for accounts payable for February 12th, 2026. I will second that. Ms. Moser, please.
Good morning. The accounts payable claims docket for February 12th, 2026 totals $2,943,359.08. This
includes all emergency claims and adjustments.
Thank you so much. Comments or questions? Commissioner Jones? No, I don't. Commissioner Madeira? No,
thank you. I don't either. Let's see if there's any public comment on this. You raise your hand on teams
or come to the podium.
being none, Mr. Cockrell, will you please call the roll on approval to claim stock and accounts payable
February 12th, 2026. Commissioner Thomas. Yes. Commissioner Madeira. Yes. Commissioner Jones. Yes. Motion
is approved three to zero. Thank you so much. Next item please.
have any reports. Sorry, we don't have any reports. I should have said that quiet part out loud. We
don't have any reports today. Oh, right. Thank you. Then I would like to move approval to ratify the
memorandum of understanding with the city of Bloomington Fire Department for blood pressure monitor
distribution. I will second that. I believe Ms. Kelly. Oh yeah, there she is. Ms. Kelly is still joining
us. Sorry about that.
So this is similar to the agreement that we recently had with center stones. So essentially the health
department has a stock of blood pressure monitors that we are able to provide for free for individuals
who have been diagnosed or who are being treated for high blood pressure, who do not have access to
a monitor to use at home. So this is just providing stock.
Excellent. Thank you so much, Ms. Bernie. I want to explain why it's a ratification. Because that is
my fault. It was coming. It came through the DocuSign process and I looked at it and
thought, oh, I remember hearing about this during a meeting, and the commissioners approved it. So I
signed it for you. So that's why it's now a ratification. That's OK. It's OK. Comments or questions,
Commissioner Medura? Nope. Commissioner Jones? Nope. All right. OK, so yeah, it's fine. It's fine.
I'll see if there's any public comment on this item. Raise your hand on teams or come to the podium.
Seeing none, Mr. Cockrell, will you please call the roll on ratification of the MLU City Bloomington
Fire Department for blood pressure monitor distribution? Commissioner Thomas? Yes. Commissioner Madeira?
Yes. Commissioner Jones?
yes motion is approved three to zero all right thank you thank you thank you miss kelly uh yes i would
like to move to approve harrell fish incorporated preventative maintenance services agreement fund name
county general fund number one thousand in a in a sum not to exceed two hundred and five thousand dollars
i will second that and i i just want to note that what i did
for the totals is I took their maximum increase. The 3% added it into the three years for each contract
and came to that number just because it's clear. Because these numbers are for the first year that are
presented in the packet. All right. What was that total number? It's a not to exceed of $205,000, which
will more than cover the 3% potential.
increase each year. I see what you did there. Yeah, thank you. This is something I discovered last night,
so I wasn't going to text you at, you know, like love and at night to tell you. Well, OK, this request
is entering into a preventative maintenance service agreement with HFI covering both mechanical systems
and county owned buildings and kitchen equipment located at the Jail and Youth Services Bureau.
The mechanical systems portion of the agreement provides scheduled PM for building mechanical equipment
and establishes labor rates for service and repair work as needed. The kitchen equipment portion of
the agreement provides scheduled PM maintenance for food service equipment at the Jail and Youth Services
Bureau and labor rates for service and repair work as needed. The contract term is three years with
an annual price increase not to exceed 3%.
I think I need to just add here total term not to exceed $205,000. Perfect. Thank you. Comments or questions?
Commissioner Jones? No, I don't. Commissioner Madeira? No. All right. I have a question, which is, if
you decide to get repair work done, does this lock you into only using HFI? No. Thank you. And that's a thing.
Yeah. Yeah. We look at things like that. That's why I asked. All right. Thank you. All right. Very good.
Let's see if there's any public comment on this item. You raise your hand on teams or come to the podium.
Mr. Cockrell, will you please call the roll on the Herald Fish Inc. Preventative Maintenance Services
Agreements? Commissioner Thomas? Yes. Commissioner Madeira? Yes. Commissioner Jones? Yes. Motion is
approved, three to zero. Thank you so much. Next item, please. Yes, I would like to move to approve
Clark Truck Equipment Company, Incorporated, Funds Name 2025 Geobond.
fund number 4820 in the amount of $5,584. I will second that. Mr. Crider. Okay, recently we received
two new maintenance trucks and we found it was extremely beneficial to have a lift gate on one of those
vehicles. This request is to approve purchase and install of a lift gate on one of the county's new
maintenance trucks. The lift gate will be supplied and installed by Clark Equipment at a total cost
of $5,584.
This equipment will improve safety and efficiency for maintenance staff by reducing manual lifting and
allowing for safer loading and unloading of tools, equipment, and materials. Thank you so much. Comments
or questions, Commissioner Madeira? Well, it's rare that government work is uplifting, but I think this
is one of those items. Commissioner Jones, comments or questions? No, I don't. Hopefully the price doesn't
escalate as well.
Any public comment on this item around our puns? We'd be here all day if that was the case. It would.
It would, for sure. A lot of boos, like, all right, a little groans here and there. See, no public comment.
Mr. Cockrell, will you please call the roll on the agreement with Clark Truck Equipment Company, Inc.?
Commissioner Thomas? Yes. Commissioner Madeira? Yes. Commissioner Jones? Yes.
Motion is approved, three to zero. Thank you so much. We got one more for Mr. Kreider, please. Yes,
I would like to move approve resolution 2026-01, surplus property for voters registration and the health
department. I will second that, Mr. Kreider. All right, this request is to accept the declaration of
items for surplus from the voters registration office and health department.
that are no longer needed for their intended purpose. These items are damaged, obsolete, or beyond their
service life, including tables, desks, chairs, file cabinets, and miscellaneous election equipment and
supplies. These items will be recycled, sold as scrap metal, or disposed of as trash as appropriate.
Thank you so much. Comments or questions? Commissioner Jones? No, I don't. Commissioner Deer? Nope.
like recycling our puns you know you can only at some point they become surplus yes um let's see if
there's a see if there's any public comment on this item you raise your hand in teams or come to the
podium i know the health department is going to be especially eager to get rid of this stuff because
i've seen the pile yeah and i don't see any public comment
Mr. Cockrell, will you please call the roll on resolution 2026-01? Commissioner Thomas? Yes. Commissioner
Madeira? Yes. Commissioner Jones? Yes. Motion is approved, three to zero. Thank you. Thank you.
All right, next item, please. Yes, I'd like to move approve, move to approve in dot change order number
eight, number 11 for Sample Road, phase one and phase two.
I will second that, Ms. Ridge. Good morning. So we have been working on negotiations, not really, yeah,
negotiations, clarifying dates and such for utility delays on this sample road phase one and two. We
did decrease the original amount that was requested by $58,370. So I'm just asking for approval for
change order eight and 11 to
to try and finish out this portion of the project. Thank you so much. Comments or questions? Commissioner
Medeira? No, I always like to see the words decrease the cost. Yes, that's a nice phrase. Commissioner
Jones? No, I don't. This was a great project, although I know that what it looks like now is nothing
compared to the stress that you went through trying to get it done. Still trying to close it out. Still
trying to close out the books. Hopefully this is the end of it, but I bet it's not. No, it's not.
I knew it. All right. But thank you for all the hard work because it's not just about getting this road
in, which was already a lot. It's about making sure all the fund balances and accounts are tied up.
So let's see if there's any public comment on this item. You can raise your hand on Teams or come to
the podium.
I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm
not sure. I'm not sure. I'm not sure.
So this is for bituminous materials. What we would go and pick up at the plants for one year for one
year. The first bit is from milestone contractors. Old and hot or just be ugly. Okay, so both were on
the bit. Okay, okay, well, we'll see.
There's a bid for item number one, two, three, four, and five. Item one would be a unit is a ton.
Break to me, but it says HMA surface type B 9.5, I assume millimeter. And that's $65, $653 a unit. And
the next one's 12.5 mm, which is 58.5 unit price.
Third one is a HMM intermediate type B 12.5, which is 58.5, and a HMA based type B 25 mm, which is 58.50,
and then a cold mix asphalt pothole patching material, which is 140 a ton. Second is from Ian B. Paving.
Lisa knew exactly what all this was. She's like, yep, yep, yep.
Me, I'm like, hot or cold? I like the basics. These are the same item numbers, one through five, so
I will not repeat those. The unit price for item one is $56.25. For item two is $52.5. Item three is
$52.5. Item four is $51.5. And the cold mix as well. Item five is $135. Those are all per ton.
this. We'll take that under advisement. Correct me if I'm wrong, when we review these, we typically
will review them not only for the cost of the material, but the cost of collecting material and delivering
so there might be different bits per different parts of the county. That's true, we could do multiple
approvals. Okay, so we'll take this under advisement. Do you agree with that, Commissioner Jones? Yes,
I do. Commissioner Madera? Yes.
by two minutes under advisement. All right. Thank you so much. And now we will move on to our next item,
please. I'd like to move approval for Ordinance 2026-05, Amendment to the County Development Ordinance,
or CDO, to add environmental constraints overlay exceptions for development and other changes. I will
second that. And we have Director of Planning, Ms. Nestergellen, joining us.
Good morning. Good morning, commissioners. Okay, I'm going to share my screen here with the packet and
just go through some of these text amendments for you. As I go through, I do have two outside examples
that I'll share just for the public's education. So this is an amendment to the County Development Ordinance
2026-05. And a big portion of this text amendment is to add
exceptions for accessory structures and housing additions to the environmental constraints overlay with
some parameters set around that. We also have had various state code changes and we've also been identifying
further Scrivener's errors with this being a 500 plus page document. So try to avoid them. So this was
sent to the board of commissioners.
from the plan commission with the vote of seven to zero to one on January 20th of this year. And we
do have a revisions page in here that can help people just track the amendments over time. So we try
to keep this updated with every text amendment that comes before you. So the first change you'll note
in the packet in blue, it's just a scrivener's error correcting the table numbers for the sign chapter.
The second change is under the chapter for environmental constraints overlay. So we're changing some
wording here from parcels to lots to be reflective of the definitions.
And then we also made it clear we currently do have standards for approving an exception similar to
what we'll be talking about today, but only for a single family residence. Once you have a single family
residence on the lot and you'd like to add any accessory structures or add onto the home, then those
exceptions currently do not apply. But under the blue text that we are proposing to add here that has
gone through the ordinance review committee and the plan commission,
We're proposing that for an existing lot of record, which currently contains a single family residence
and does not comply with these codes above which states basically one acre of contiguous buildable area,
as well as lake frontage, a certain amount of width of lake frontage for a lot.
And then also it's stating that you have to basically be on buildable area still. So an exception to
the foregoing eco requirements shall be granted to allow the construction of an accessory structure
or additions to the residence if proposed, if the structure complies with basically being locating on
flat area and not disturbing natural vegetation and steep slope.
So the following criteria are parameters for allowing an exception of an accessory structure. The total
footprint of the proposed accessory structure permitted under this exception shall not exceed 1,000
square feet. And or in the case of an addition, the total footprint of the addition to the home shall
not exceed 1,000 square feet. And the lot must still have 0.25 acres of contiguous buildable area around
the single family residence.
In the event another development standard is not met, this exception would not apply and the exception
does not apply to accessory dwelling units. Just a point of clarification, the reason we're still asking
for at least a quarter of an acre of contiguous buildable is many of these lots are located in a place
where they have septic systems. Should that septic system fail, we want there to be enough area to locate
a new septic system.
We were asked to look at some 2025 BZA examples to see how many of these would qualify for the exception.
The first, it needed a side setback variance. As you can tell, the house is very close to the northern
lot line. It also had 0.24 acres instead of 0.25 acres of buildable and also
But the addition itself was not overly large. It would have otherwise qualified had they met their side
setback from the north and had a little bit more buildable area it could have qualified. And then here's
an example where the lot is completely flat. It was only a half acre. So they did not meet the residential
density requirement of two and a half acres. But the development that they were proposing was very minimal.
It was less than 200 square feet.
And so we were able to see that if this were to go through, we would be able to allow them to do an
exception and not require the variance process. And this was approved by the BZA. Another example where
they had 0.78 acres of buildable in an Eco2 area, they wanted to put in a 555 square foot in-ground
pool, which was determined to be on flat ground.
This again would qualify for an exception, but was approved for a variance in 2025. And then lastly,
there was an example whereby a homeowner wanted to do both a housing addition and also a pole barn that
was 3,456 square feet.
This would not qualify for the exception because of the size of the accessory structure being over a
thousand. So this was an instance where I believe they ultimately redesigned the project after the BZA
continued this case and they dramatically lowered the size of the accessory structure and they were
able to come to an agreement and get approval but not for this exact proposal. But this would not apply
for that exception.
So in doing that addition of information for the exception, we added a definition for footprint, which
is here on the screen. And this will help us in determining how to measure that footprint. We really
just care about the ground disturbance. So second story would not count against a person.
And then under chapter 841 with the passage of a recent house bill, and now it's codified, we are separating
our permitting requirements from the building department and making sure that it's clear that before
they can apply for the planning permit that they must file for a pre-design. This has been working out
well to streamline them to have a complete application and make the rest of the process more smooth.
And then we're also adding in Chapter 841 for wireless communication facilities. If there's going to
be a modification within a fenced lease area, that includes the addition of structures, they do not
have to apply for a site plan.
as long as they otherwise could get an improvement location permit or planning permit waiver. And I
have an example here where if there's an existing cell tower, we'll often get like 120 square foot generator
request. And so in that case, if it's within the fenced in area and otherwise a built out wireless
communication facility for which we've previously approved a site plan, we would not require another
site plan amendment to look at that generator.
And then a Scrivener error here, we're just changing design to development. And with that, that is all
I have. Great. Thank you so much. Before I move on to comments and questions from my colleagues, we were
very pleased to have Commissioner Jones here today. And I was wondering if it's possible to go back
and do the sliding scale if my colleagues agree to put it on the agenda. Would that be something we
could do today? Would that be amenable? Thank you so much. I'm so glad you're here. Thank you. All right.
With that, Commissioner Jones, do you have any questions? Not at this time. I don't either.
We've seen this a lot and it is kind of the stuff that has to get done. And I know we're going to have
more coming with as a result of state legislation, state legislative changes. And that's going to have
an impact on what we do. But let's go to the public and see if
There's anyone who wishes to speak in favor of these changes? Is there anyone who wishes to speak in
opposition to these revisions to the county development ordinance?
any other public comment on this item you raise your hand and teams are come to the podium. Thank you
for that. Are we any other comments from my colleagues question Jones comments no no. All right. Mister
copper we please call the roll ordinance 2026 dash 05.
Commissioner Thomas. Yes. Commissioner Madeira. Yes. Commissioner Jones. Yes. Motion is approved three
to zero. Thank you so much. And I'm going to ask that we amend our agenda to bring back to the floor.
Ordinance 2026-01 amendments to the sliding scale subdivision ordinance. Can I get a second?
second. Okay, so we have a motion and a second. Thank you, Ms. Jelen, for being willing to work on the
fly. It's great. Please present all the information we need. Thank you. Oh, sorry. Yes. Mr. Cockrell,
will you please call the roll on the motion to amend our agenda? Sorry. Commissioner Thomas.
Yes. Commissioner Madeira. Yes.
Commissioner Jones. Yes. Motion is approved. Three to zero. Thank you, Mr. Cockrell. I felt like something
was missing. All right. It's not just that we're adding this item. It's thank you. Okay. So this is
another text amendment. This item was tabled from when we originally passed the county development ordinance
on December 18th.
that was addressed by the public during their comment. And it was largely regarding the sliding scale
subdivision in the 25 year reservation of the parent parcel. The planned commission did for this text
amendment to the commissioners with a favorable vote on December
This text amendment, I will say, has gone through several different boards and committees. I included
a cover sheet here with a lot of great information for people that want to follow along. But basically,
we're looking at over 10 meetings for which this was discussed. Ordinance Review Committee definitely
saw it the most, but then the Plan Commission administrative meetings and regular meetings of the Plan
Commission did see it twice.
We did receive public feedback at one of those. But I just want to go with some key takeaways and I'll
just summarize it here for the public. Basically the plan commission at the end of this discussion did
put on a separate list. We have a staff list of future talking points and CDO amendments. So we are
still looking into potentially looking at the ordinance in terms of
Ability to vacate and resub divide parcels as well as the ability to potentially add another subdivision
type So that was something that came out of this discussion after we talked about how the ordinance
is currently written the ordinance review committee was asked after the first meeting of the regular
Plan Commission to
Really hone in on the idea of 25 years generational things like that and the ordinance review committee
did look up
definition, though not incorporated in this text, about what a generational term is because that was
something that was used a lot in kind of defining or reminding the public why the 25 years was chosen.
So we did find, the Ordinance Review Committee did find language that it's basically between a 20 and
30 year time span, 25 being the midpoint. And also that there wasn't really another great way
Um, to other than that year based, um, there wasn't really a great way to otherwise do a hold on that
parent parcel that was clear to the public. So there were no changes made after it was forward back
to the ORC and it came back to the plan commission. And that's when it was, um, basically sent to the
commissioners, you all.
not with much change. So all of that is here in this background document, but I'm going to go ahead
and go over the list of changes that we have before you today. And if approved, this is what the text
would look like. Ms. Nesterjohn, could we? I think it's important that we did hear this at our work
session on January 15th, 2026. So if you want to follow along,
that packet is found in the meetings and commissions meeting for January 1 or January 15th, 2026 work
session agenda. So that's a good point. And it's also in last week's agenda where we continued it from.
So it's also in that packet. It's also in last week's packet. Thank you. That's a good point.
Thank you. So under chapter eight 31, one of the
things that came out of this discussion was that we want to make sure that it's clear what types of
options people have available to them right now and what those options ultimately look like on the ground.
So the first example is the minor subdivision where you create at least lots that are 10 acres when
they're connected to a septic system. So in this case, they would have had at least 40 acres and each
lot that they created is 10 acres or more.
The second example is when you have a minor subdivision that is connected to public sewer so you can
get a lot closer to the minimum lot size for the district. This is a commercial development that was
able to create four lots.
And then this is a illustration of a sliding scale example. It's a pretty popular subdivision type that
we see, but basically they're able to create three lots that are two and a half acres, which is the
zoning minimum, and then reserve the 55% or more of the rest of the tract for a period of 25 years.
And that's
Also in a rural area connected to a septic system. So you do get the three lots that are smaller and
then you get the larger lot for that parent parcel portion. And then here's just an example of a major
subdivision where you're connected to sewer and you have lots much closer to minimum lot size for a
district typically in more urban areas.
So the other thing that was amended was to the purpose statements of the sliding scale. The black text
is still kept as it is right now. And then they added two other purpose statements. So number seven
says, allow the flexibility to create smaller residential lots served by private sewage disposal systems, i.e.
septics, while also preserving a majority of the original tract for agricultural or conservation purposes,
which kind of
back to why the signing scale was created back in 2015. And then number eight is to permit development
in rural areas that will not overburden existing infrastructure and services and to not adversely impact
existing low traffic roadways, police and fire coverage, emergency service response times, and other
governmental services.
And then there was also a change under the area of the text regarding the 25 year reservation to make
a reference back to the original ordinance ordinance 2015 dash zero two which was linked in the packet
that Mr. Cockrell mentioned.
that created the sliding scale. So it's a way to look at when the sliding scale option was originally
created. That has its history located in it as well as a recorded document. And we thought it was appropriate
here as well to bring that back in to say this is how long this has been around and that people can
look into that themselves. And with that, the rest is just exhibits. I'm happy to go through those if
you have any questions.
Thank you so much. Any comments or questions, Commissioner Madeira? I do. I have to say, I've thought
about this a long time. I've thought about it since I attended the CDO hearings. We're the only county
in Indiana that has this particular critter. And I have a lot of respect for the planning commission.
I have a lot of respect for our planning staff. And I have a lot of respect for my colleagues.
the reasons that motivate this, but I do have some concerns. And I think there's a reason why we're
the only county in Indiana that has this particular beast. So I just wanted to share those concerns
and take a few minutes to do so now. I am concerned it depresses land values and flexibility for a long time.
Even if the owner only wants to create one to three lots, the remainder is effectively encumbered for
about 25 years. I'm concerned this can reduce marketability and financing options because buyers and
lenders really dislike long government-imposed recorded restrictions. I'm concerned it frustrates ordinary
family and firm planning, so a common rural pattern is incremental and intergenerational division.
So the 25-year bar forces families to either subdivide all at once, which is often not desirable or
feasible, or to wait decades. And so there's a big reason that the rule gets framed as overreach in
public debate. I'm concerned that it feels arbitrary, and this is why I think that it had this sort
of five-four split on the Planning Commission. When I went back and watched a lot of the meetings, it
reflects that commissioners and not planning
not commissioners but planning committee members and stakeholders have really questioned whether 25
years has a clear rationale. Lots of people have suggested shorter alternatives or a new category. I think
A rule like this creates incentives for workarounds and strategic behavior, because when a rule is blunt
and long lasting, people look for ways around it, like sequencing splits, rezones, seeking sewer connections
to lay to unlock subdivisions that can increase administrative burdens and create perceived unfairness
between similarly situated owners, particularly because this restriction or other restrictions like
it can be lifted by later ordinances through a political process, which invites concerns about unequal
access or inconsistent outcomes.
I'm also concerned it might be legally problematic under substantive due process arbitrariness, because
land use regulations are usually reviewed deferentially, but they still need a rational connection to
legitimate purposes, such as infrastructure capacity, rural character, and environmental constraints.
And I'm concerned here that the vulnerabilities that 25 years can look like a number picked without
evidence, especially when local officials have debated spaces so thoroughly. We do try to preempt this
by inserting legislative finding of necessity and reasonable trade-off
But I'm concerned that we might not have a robust record supporting that. We have a restrict on alienation
and forced recorded covenant-like restrictions. This can be attacked conceptually as a reasonable restraint.
It binds successors. It can't be altered except via sewer connection or legislation. That doesn't mean
it's automatically invalid. Indiana allows many land use restrictions, but the 25-year freeze is what
could invite the argument.
We could have statutory authority or altruviri's challenges. The challenger could argue that the county
has created a de facto long moratorium on an otherwise lawful future subdivision through the plat process.
I think that that would be something we would handle if that came, and we could have a takings challenge.
This, I think, would be a stretch.
If the restriction is characterized as exacting a significant property rights concession, then the plaintiff
might try to analogize this to an unconstitutional condition or regulatory taking. This is not an automatic
winner. It would be a fact-intensive claim.
but it would be what triggers the claim. So I would deal with these issues through variances instead.
With that, I will conclude my remarks, but that is why I think I'm concerned about this. But I say this
with a great deal of respect for the decision-making process. I know this has gone through a great deal
of debate, and I say this with a lot of respect for that process and for my colleagues and for the planning
commission and the planning staff. Thank you.
Commissioner Jones, any comments or questions? Yes, I do. I was actually a member of the ordinance committee
when this ordinance was originally created and passed. At that time, there was a whole lot of concern
among mostly farmers,
that they wanted to be able to cut off a small parcel for children or possibly parents to live on and
yet retain the rest of the farm. And I think this has been pretty effective in doing that. I'm not going
to try to address a lot of legal arguments. I don't have that background at all.
But I think that the 25 years was something that was heavily debated for a long time and was basically
a compromise in the generational period of time of 20 to 30 years. I have a lot of concern with
changing this ordinance from the purpose that it originally had. One of the other purposes it had was
at that time we had a proliferation of rather large subdivisions that were way out in the county. It
was difficult for us to provide the services for these subdivisions. This was a way to allow
families to subdivide for their use without really creating a huge new area that needed to be serviced
by the county. I'm not in favor of these changes. I think they move away from the original purpose of
the ordinance. That's all I have to say. Okay. Thank you.
So for me, these changes are minimal. And one of, I think, the biggest benefits of the text amendments
that are presented here is that it clarifies the things that were raised. Oh, what's the generation?
Well, right now, it's 27 years across the US. But that changes.
I mean, we had questions that just were, I think, meant to bog down the process unnecessarily. But the
purpose of this doesn't change, but what does change in this ordinance is it outlines all of the other
options at the same time, which is something that I think is really beneficial
for the community so that they can see here are my options all in one place. And so for that reason
I do support this. I appreciate Commissioner Jones that you raised the historical significance of this.
We were hearing from large lot owners who didn't want to go through that process of
minor subdivision because they wanted to sell a corner of the property for retirement or they wanted
to give it to their child and that it was such an onerous process. And so what sliding scale does is
it, if they follow all of the requirements, it bypasses the plan commission process. And it essentially
becomes an administrative decision
which is a great benefit to the community. If folks want to complain about having the sliding scale,
my take on it is then we just can delete it. But I think that limits people's choice. And if this is
a choice people want to take and they want to sell or utilize these properties, and by the way, a couple
of things that came up
that were inaccurate. And this came up in 2024 as we heard from folks during the CDO review process
before we actually brought it to a vote here. You know, people had decided, I think it was the
Bloomington Economic Development Corporation. There are some others. They put out this white paper,
well-intentioned. But there were things in there that weren't accurate. And so what they had thrown
people into a tizzy about was, oh my gosh, you can't re-subdivide your land for 25 years. It's only
in sliding scale that this is true, because you can imagine
that if somebody has 100 acres and they use the sliding scale, if there isn't some hold put on that
what's called the parent parcel, the large parcel, which can be farmed, it could be conservation, it
could be land that you really can't build a house on, that that prevents that person with the parent
parcel from coming back next year and doing another five. And that would just be a major or
minor subdivision. And so what we tried to do is
offer to large lot owners because in 2014 when this started and 2015 when it was passed, that's what
we were hearing. But why can't I just carve off some land for a relative? Why can't I just sell this
corner of my lot? Why do I have to go through this whole process? And all of these parcels do not have
to be built at the same time. They don't have to be developed at the same time.
They're marked out. Actually, the septic piece of it has changed a bit. So it's even less onerous, doesn't
require a septic permit at the time of the subdivision, but at the time before you build. So that's
even easier and better and clearer. It makes more sense. So all of this is meant to benefit people.
want the sliding scale, don't use it. Go with the minor. Go with the major. Those things are there,
and they haven't changed. And changing that to a shorter time does invite what becomes a major subdivision
without infrastructure being built on a huge piece of acreage. And we do need to preserve our agricultural
land. We do. I don't know where people think food is grown,
We do need to preserve our agricultural land. So that is really, really important for us to do. Now,
if we don't pass this, what happens is the explanations disappear and the options, sliding scale, major,
minor disappear from the CDO. The CDO would stay as it is, which is fine. We keep the sliding scale
either way. I just think it's better to offer more information rather than less.
and it is a unique thing in Monroe County, but we are proud of our uniqueness and we are proud of the
fact that we're not just doing what every other county in Indiana does. We do have a very unique landscape
and we do have an economy that includes agriculture, as Commissioner Jones knows. So I would prefer
to pass this to
get these explanations in. But if my colleagues would like it to stay as it is, that's okay too.
Either way, we end up with sliding scale, which to me is the point. I'm glad we have this. It's an option.
It's not a requirement. To remove an option from
Um, people who are property owners in Monroe County on large lots, I think is unfair to those property
owners. They don't use this, but I think it's unfair to remove an option from them. That is clearly
something that benefits them and can be done with expediency without going through the planning commission,
as long as they're following all of the requirements of the sliding scale. So it's a, it's a workaround
for them to avoid having to book into meetings.
Anyway, let's go and see what the public has to say. If anybody wishes to speak in favor of this item,
you may come to the podium or raise your hand on teams. If anyone wished to speak in opposition to this
item, raise your hand on teams or come to the podium.
for any final comments or questions. Commissioner Jones. Yes, I'll say that your arguments were very
persuasive. And I do think that it does help a whole lot to have the extra information there for people
who are interested in using this method. Commissioner Vidura.
I'll just say again that I know a ton of work went into this, and I really, really appreciate all the
meetings and all the dedication of the planning staff and all the time and labor that was spent studying
this very, very complicated topic. Thank you. All right. Mr. Cockrell, will you please call the roll
on ordinance 2026-01? Commissioner Thomas? Yes. Commissioner Madeira?
No. Commissioner Jones. Yes. Motion is approved, two to one. All right. Thank you so much. And thanks
for bringing that back, Ms. Nestor-Gellin. All right. So we don't have any appointments today, but just
a reminder to folks to please sign up for the Monroe County alert notification system.
IN.gov slash county slash Monroe. It's right on our landing page. You can receive information on emergencies,
road traffic, health issues by text, phone and or email. There is our free COVID slash flu tests available
at Manure County Health Department 119 West 7th Street. It's a quarter of 7th and College.
And we are continuing to accept applications for boards and commissions. We do have openings on health,
both the Democrat and Republican seat, the library board. So I hope that folks will start applying.
We always have openings on animal management and the regional sewer district. And I don't know why that
is, but we do. So if anyone's interested, please
please go to our website and seek out the application there through the search engine. We do have office
hours each month on Teams six times each month. You can go to our calendar on our landing page, im.gov
slash county slash Monroe, and look for dates and times.
outside of today's blood drive, the next blood drive that we're co-sponsoring with the Red Cross and
Ivy Tech, Tuesday, March 3rd, 10 a.m. to 3 p.m., Wednesday, March 4th, 1 p.m. to 6 p.m. Please go to redcross.org
to make an appointment. I was going to say a reservation, but I think it's an appointment. These blood
drives are held. Thank you, Ivy Tech. These blood drives are held in rooms
C130A and B at Ivy Tech 200 Daniels Way. Our next meeting is going to be February 26. And do you have
anything else for good of the order? Yes, actually. I had heard that people couldn't find where we were
the link to our office hours. And so I was just going to say real quick that if you go onto the county
website and you scan down, there is a calendar, and it has links to all of our meetings. So you can
actually find any of our county meetings that way. You'll see a little Join This Meeting link. And our
office hours are no different. You'll see a list of the events for that day, and it'll say Commissioner
Office Hours. And you can just click that link, and it'll bring you right to us. And we're waiting to
hear from you.
That makes us sound like a telemarketer or something. It does. It does. We won't charge you much, though.
Right, exactly. Yes, a great price of free. And I also heard some interesting news, actually. ICE is
releasing a property up in Carmel, Indiana. Oh, they're releasing it. They are releasing it. Oh,
leasing it. Yes, it was announced on Monday. They're starting to lease individual properties. And so
that is interesting.
I think that I had heard a lot of discussion about when ICE is coming to the community in various forums,
and so that will give them a bigger link in Indiana. So for those of you listening, that is
Concerning. Concerning, very. That's a mild statement. Absolutely. And talking about mild, it is on
the good side. It is wonderful to actually see the snow melting. And thanks to everybody in the community
for being patient with the snow, but also thanks to the wonderful county workers for getting the roads
cleared and everything like that.
so highways highways done an amazing job absolutely yes but but do watch for potholes because what's
happening yes it's freezing at night we've got yes very wet roads and a lot of flooding yes that's the
other reason you want to sign up for the alert system because yes we are supposed to get a lot of rain
potentially a lot of rain this weekend um so it's a good idea to to keep your eyes on that
Um, thank you for that. Yeah, that's very concerning. I did hear about that. I thought you said released
and I thought it meant like they weren't going to lease that space at Kermel and I was excited for one.
I wish. Yes. Yeah. Yes. Um, yeah. And, and, and, uh, actually I, thanks to our city colleagues, cause
I saw them out yesterday filling potholes on Sarah road. So they are already on that. Yeah. A lot. Yes.
Yes, there are. There are. It's cold catch.
for now, though. It is cold patch, and cold patch does not work well. Right. Yeah. Right. Yeah. Yeah.
But it's better than nothing. Better than nothing. Anything from you, Commissioner Jones? OK. Great.
So we do have items for our work session. Can we come back at 1115? TSD, is that OK? We're good. Yep.
Good. Thumbs up. Yep. Yep. Good. All right. Anything else for the good of the order?
Excellent work session at 1115. See you then. We are adjourned. Thanks, everyone. Thank you, TSD.
Thank you, Katz.