Commissioners hear input on courthouse zoning

By BILL RICHMOND

City editor

Commissioner David Lenkensdofer Monday said courthouse project manager Lester "Spike" Shepler, Jr., and Martin Riley architects would not be present for the morning's biweekly meeting as they did not have any new information to report.

Troy Prescott, a local businessman and farmer who is running for election as a county commissioner, inquired about the zoning dispute that is delaying the project.

"Is there any way you can get a judge to rule on this before you begin with the project," Prescott asked. "It sounds very irresponsible to go ahead with the project when you don't know what the setback requirements will be."

Prescott said proceeding without absolute assurance could result in a lawsuit against the county.

Lenkensdofer said the board has a letter from the law firm of Baker and Daniels that says the current courthouse annex plan is in agreement with the county zoning ordinance.

"They don't see any problem with us proceeding ahead," Lenkensdofer said.

Prescott asked about the differing opinion held by the Board of Zoning Appeals and County Zoning Administrator Cathy Flatter at the apparent direction of attorney Robert Oliver, Jr.

Lenkensdofer said he can't respond to Prescott's query.

"I thought it ought to be cleared up before we move forward," said Commissioner Ron Chalfant. "That's not happened, so I feel like we're on shaky ground."

Lenkensdofer said the board can call Oliver and arrange a meeting with the commissioners and county attorney John Tanner.

Prescott asked why the architect pursued its plan when the zoning was uncertain. Commissioner Kathy Beumer said the architect came to the same conclusion as Baker and Daniels - that there was no reason to question the zoning.

Local Republican Party official David Hoover suggested the board contact the State Attorney General to have him render an official opinion on the matter.

Community businessman Allan Heuss said it is his understanding that there are no plans for moving people out of the courthouse while the work is being done. Lenkensdofer said there is a plan in process to relocate workers.

Heuss asked who owns the courthouse. Lenkensdofer said he will get an opinion on that issue from Tanner.

"How can you proceed with any process action if you don't even know whether you own the courthouse," Heuss asked.

County Auditor David Kelly reported that two members have resigned from the building commission that will lease the courthouse from the county while the renovation and construction are completed. A third member is possibly considering resigning from the 5-member board.

Beumer said the former county home has been cleared out and many of the items will be sold at auction, Saturday, Sept. 20 starting at 9 a.m. The auctioneers will be Danny Chalfant and Kenny Beshears. Proceeds from the auction will go to pay for the courthouse clock tower and mansard roof.

"As soon as an inventory is completed, we will publish flyers with details of the auction," Beumer said. "It's a lot of stuff, including old beds, couches, chairs, wicker furniture, church pews, dressers, rockers, and two pianos - all of it antique. Some of it needs some repair but each item is a piece of local history."

Beumer said several people have expressed interest in possibly purchasing the jail cell at the county home.

"I'm not sure if it's something we could sell," Beumer said. "I thought it was a fixture (rather than a furnishing) of the county home.

Lenkensdofer asked Beumer to see if the county historical museum is interested in owning the jail cell, possibly as an exhibit.

The commissioners also heard from Randolph County Veterans' Service Officer Mike Kennedy regarding a van he uses to transport local veterans to appointments and services. Kennedy said he received the van from the sheriffs department early in the year. Since he has no budget fund to pay for repairs to the vehicle (which have cost approximately $700) he used money from his gasoline allowance to pay to have it fixed. He said he has about $200 left in his fuel budget to last him the rest of the year. He also used money from his education and training budget for repairs and fuel.

"The van does get used," Kennedy said. "I drive it about 1,500-1,600 miles each month to transport veterans."

The commissioners approved $2,100 in additional appropriations for the county veterans department to cover vehicle costs.

Kennedy also presented the board with copies of a mid-year report of activities in his office.