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Pulaski County commissioners approve multiple ordinances and construction change orders; vote on battery-storage moratorium stalls

2339289 · February 19, 2025
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Summary

Pulaski County commissioners met to consider planning and development recommendations, adopt several APC-recommended ordinance changes and fees, approve courthouse project change orders, and hear a community foundation strategic-vision report.

Pulaski County commissioners met to consider planning and development recommendations from the Area Plan Commission, approve project change orders for the courthouse renovation and routine claims, and hear a community foundation report.

Leanne Wright, executive director of the Community Foundation of Pulaski County, delivered a set of community reports including a Pulaski County strategic visioning plan prepared by the Indiana Communities Institute at Ball State University. "These reports reflect not just data, but the collective experiences, challenges, and opportunities within our community," Wright said, and she urged local leaders to use the documents to inform planning and to pursue state planning grants through the Office of Community and Rural Affairs (OCRA).

Carla Redwick, the county building inspector, presented a package of items the APC had recommended to the commissioners. The board voted on several ordinance items and administrative matters during the meeting:

- Flood-damage prevention ordinance: Commissioners voted to adopt the model flood-damage prevention ordinance recommended by the Indiana Department of Natural Resources (DNR). Redwick said the document was the same ordinance recommended last year and that the primary changes were dates and an updated commissioner name.

- APC reappointment: The board approved reappointment of APC citizen commissioner Megan Chorus (term renewal) to a four-year term.

- Development fee schedule (violations): The board approved an ordinance raising civil penalties in the county development/ordinance violation fee schedule; Redwick summarized the recommended increases for first through final violation amounts.

- Ordinance language adjustments (solar/solar equipment): The board approved APC-recommended textual changes to the county zoning ordinance that clarify that fencing and other permanent items are counted as part of commercial-scale solar energy systems (CSES), and align notice procedures for commercial solar projects with the county's special-exception notice rules. Redwick said the changes "verify that fencing is considered an equipment of a CSES project." Commissioners and staff discussed landscaping plan requirements, what constitutes "like-kind" replacements that do not trigger reapplication, and whether parcel swaps or parcel additions require reapplication.

- Moratorium on battery-energy storage and certain utility-scale renewable projects: The APC had recommended an 18-month moratorium on new wind, commercial utility-scale solar, and battery energy storage system (BESS) developments to give the APC time to study ordinance language. Commissioners debated the moratorium at length. One initial motion to accept the moratorium recommendation failed for lack of a second. Later discussion returned to the subject; the record shows the moratorium motion previously died for lack of a second and commissioners debated statutory process, notice and timing. (No final, recorded ordinance adoption for an 18-month moratorium is contained in the meeting transcript.)

- Commercial solar fee schedule adjustment: The APC recommended changes to the county's solar project fee language to retain a $15,000 application fee, add $1,000 per megawatt, increase surcharge on third-party consultant costs (from 5% to 10%), and add a one-time $10,000 agreement-development fee payable to the county general fund. Redwick said the APC's intent was to better align fees to project scale and to recoup county staff and consultant time. County staff and the county attorney discussed decommissioning language and restoration of land, and one commissioner asked that funds used by multiple departments be tracked to their originating funds rather than only the general fund.

On county construction and finance items, Nathan (staff member) reported on the Cordell courthouse renovation:

- Project finances and change orders: The project had roughly $1.45 million cash on hand for expenditures and an owner's contingency balance of about $223,000 (before an expected reimbursement that would raise that figure). The board approved change order No. 53 for $19,981.45 (plus architect fees) for main-floor plaster repairs, after the superintendent and architect recommended repair under the project's time-and-materials allowance for uncertain plaster conditions revealed in demolition.

- Flooring underlayment: Commissioners also approved revisiting installation of carpet underlayment in some office areas; staff estimated the addition would add roughly $30,000 to the project but could reduce long-term flooring problems and glue use on existing hardwood. The motion to proceed with underlayment passed.

Other business and administrative items included approval of claims and payroll, and routine appointments and alternates discussion. The APC had proposed designating two alternates from the majority party and one alternate from the minority party for APC alternate seats; commissioners directed staff to develop an application and vetting process for the three residents who had expressed interest rather than making immediate appointments.

Public comment: Connie Ehrlich, a resident, urged commissioners to adopt the moratorium and stressed that the APC and community want protections and clearer ordinance language before new battery-storage projects arrive. Another resident asked about courthouse roof timing; staff explained current work was replacing shingles removed for scaffolding and was limited to preventing moisture intrusion while major work continues.

The meeting concluded after approval of minutes, claims, payroll and other consent actions.

Votes at a glance (as recorded in the meeting transcript): - Flood-damage prevention ordinance (model DNR ordinance): voice vote recorded as "aye"; motion carried. - Reappointment of Megan Chorus (APC citizen commissioner): voice vote recorded as "aye"; motion carried. - Ordinance 2025-O2 (development violation fee increases): APC recommended 7‑0‑1; commissioners approved by voice vote. - Ordinance 2025-O3 (zoning language adjustments related to solar/CSES): APC recommended 7‑0‑1; commissioners approved by voice vote. - Ordinance 2025-O4 (APC recommendation: 18‑month moratorium on wind, commercial utility-scale solar and BESS): APC recommended 7‑0‑1; an initial commissioner motion to accept the APC recommendation died for lack of a second; the transcript contains extended debate and no final, recorded adoption of the 18‑month moratorium. - Commercial solar development fee adjustment (APC recommendation to add per‑MW and other fees): commissioners approved the APC recommendation by voice vote. - Change Order No. 53 (Courthouse plaster repairs): approved (motion and recorded voice approval). - Carpeting underlayment (revisit/install underlayment where appropriate): commissioners approved proceeding (motion and recorded voice approval). - Claims and payroll (Item 4): approved by voice vote.

The meeting record shows deliberations on notice procedures, decommissioning and road‑use agreements for large energy projects, and repeated requests from commissioners that attorney and staff review timing and bond/timeline language so road repairs and reclamation occur promptly after construction. Staff agreed to pursue additional review and outreach to other counties and industry consultants to clarify technical restoration requirements and recommended bond approaches.