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Commissioners approve up to $8,000 for planning-board legal support; question remains whether one attorney will serve both boards

3768575 · June 11, 2025
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Summary

Pulaski County commissioners amended an additional funding request to $8,000 as a starting allocation to secure counsel for the Advisory Plan Commission (APC) and Board of Zoning Appeals (BZA), and asked both boards to decide whether they will share a single attorney to reduce costs.

Pulaski County commissioners approved an amended request to allocate up to $8,000 to secure legal assistance for the Advisory Plan Commission (APC) and the Board of Zoning Appeals (BZA), while asking both advisory boards to determine whether they will share a single attorney.

County staff told commissioners they had identified two attorneys willing to assist the APC and BZA with ordinance language and to reconcile local rules with Indiana Code. Staff described a potential retainer and hourly arrangements; both attorneys indicated they would consider waiving or reducing a retainer if one attorney represented both boards. Commissioners expressed concern about the county budget and asked the APC and BZA to decide whether to engage a shared attorney, which would significantly reduce total retainer costs.

At one point the board discussed options ranging from no retainer to paying $8,000 per attorney. A motion was made to amend the advertised additional to $8,000; the motion carried by voice vote. Commissioners instructed staff to return with bills if additional funds are required. The action provides an initial funding level but does not finalize a multi-board contract; the APC and BZA must separately vote on whether to retain the same attorney or contract different counsel. Commissioners emphasized the need for the boards to clarify whether a waiver of separate retainers applies and promised to revisit the matter if bills exceed the approved allocation.

The discussion included references to specific ordinance language that staff said would require “a large effort” to align with state code. Staff said the proposed attorneys had reviewed the issues and can assist with text amendments and procedural clarifications.