The Marshall County Council held their regular meeting on Thursday evening, March 15th. The Marshall County Commissioners held their regular meeting on Monday morning, March 18th. Both government bodies heard from Plan Director Ty Adley and discussed several items pertaining but not limited to the Plan Commission including Solar, Battery Energy Storage Systems (BESS) and Board of Zoning Appeals (BZA) alternates.
Adley presented the 2023 Annual Report for the Plan Commission and BZA to the Council. Moving forward, the work program for 2024 will focus on BESS, the Solar Energy Ordinance, communication towers, and some billboards. Adley informed the Council that billboards are changing from the current traditional model to digital; which brings in the opportunity for national rotating advertising. With that comes an increase in First Amendment considerations and the freedom of speech. Cases have been brought to the Supreme Court; Adley said it will be important to stay up to date with those considerations to uphold First Amendment rights. Adley added there has been recent interest in carbon sequestration frustration and carbon capture.
Council President Jesse Bohannon asked for a status update on Solar and BESS.
Adley reminded the Council that the recommendations for amending the Solar Ordinance have gone from the Plan Commission to the Commissioners who have heard the ordinance on first reading. Under the second reading the Commissioners did not take action nor had they taken action as of the meeting on March 15th. They can approve, amend, deny or not take action under Indiana Code. The choice that the Commissioners make will determine next steps and timelines. If they wish to make amendments or deny it – the ordinance will go back to the Plan Commission which will launch a series of additional 45 day requirements. If the Commissioners take no action within 90 days of initial presentation the more restrictive ordinance will pass by default per Indiana Code. The Commissioners could also approve the ordinance as it stands. The Commissioners have until April 4th or 5th depending on what counts as day one.
Adley reminded the Council in regard to BESS that an initial proposal and presentation was made to the Plan Commission at which point BESS was tabled for two months in order to conduct more research. BESS will be addressed again at the Plan Commission meeting at the end of March where that feedback will be exchanged. The Plan Commission can take action, table it again, and / or ask for more research.
Bohannon inquired about the determination of alternates for the BZA. Adley explained that the alternates are established by vote at the beginning of each year when the board reorganizes. Council Attorney Marcel Lebbin stated that alternates should be appointed by the respective appointing body; for example the Council would appoint their alternate for their BZA appointee. Adley requested time to review and discuss the issue. Lebbin cited Indiana Code 36-7-4-907. Bohannon interjected that the issue did not need resolved Thursday evening but requested a follow-up; Adley agreed to take a look at the code.
During that same meeting, Commission President Stan Klotz asked the Council for input from Lebbin regarding Solar Decommissioning. Klotz requested that Lebbin look at the issue as it relates to the financial purview of the Council to prepare for a Work Session he plans to hold in April along with several other entities including Marshall County Attorney James Clevenger and the Unsafe Building Attorney. The Council approved a motion to have Lebbin serve as a Consultant and Advisor on behalf of the Council during discussions regarding the Solar Decommissioning Agreement.
