By PAULENE POPARAD

“Just say no. I’d say no way,” recommended Porter Plan Commission member Dave Babcock after hearing a request for town employees and possibly one or more commission members to meet at the attorney’s office whose client has a subdivision petition pending before the board.

Commission vice-president Ken Timm said at Wednesday’s meeting he didn’t think doing so would be a good idea. “You’d be setting a precedent. You’ll just open up a can of worms.” He questioned the town’s cost to have its engineer, Warren Thiede, and/or town planner Jim Mandon attend such a meeting.

Attorney Brian Hurley, who represents C&C Development, sent the commission a letter seeking an Aug. 5 meeting to discuss matters raised at an April 16 public hearing on the eight single-family homes proposed for the west side of Hunter’s Glen subdivision at Quail Ridge Drive and Oak Hill Road.

C&C representatives Todd Martin and Royal Church at their request previously were granted a continuance by the commission until its Aug. 20 meeting regarding the new primary plat.

According to Hurley’s letter, said commission secretary Kara Mitchell, he wants to discuss ordinances related to the petition, drainage issues, the proposed homeowners’ association, a possible variance for the road width and having all lots front on a dedicated street. These matters were raised by the public and the commission during and after the public hearing.

A member herself, Michele Bollinger asked if commission members could even attend the kind of private meeting Hurley was proposing under the Indiana Open Door Law. Town attorney Patrick Lyp said as long as no more than three did and no quorum was present, it was allowed.

However, Lyp said Hurley’s request is “a rather odd way of doing this.” He noted, “I don’t want to discourage discussion but I don’t necessarily want the next time a petitioner comes (with a request to meet) we go to their homes.”

Commission member Jim Eriksson said he felt the matter should be handled with Martin/Church paying for a special public meeting of the whole commission. “If we’re going to vote on this we all need to hear what’s said.” Babcock and commission member Brenda Brueckheimer also favored having a special meeting.

Timm said any meeting should be at the town hall. Lyp said even if less than a quorum of commission members attend and it’s not a formal meeting, the public could be allowed to attend if the commission so desires.

Mandon said meetings of town department heads sitting as the Technical Advisory Committee or TAC are now public and the outstanding Hunter’s Glen issues could be discussed there but only those matters within TAC’s jurisdiction, not policy issues.

Lyp said he’ll advise Hurley of the discussion that took place and that a town hall meeting is favored.

The seven-member commission is down to six when considering the Martin/Church petition because member Greg Stinson, who owns adjacent property, has recused himself to remonstrate. At the April 16 public hearing there was unanimous opposition to allowing the eight lots on 4.4 acres.

The parcel is part of the original Hunter’s Glen subdivision but town standards have changed since it was replatted for eight lots once in 1993 or 1994.

In other business Wednesday, no one commented during a public hearing and the commission voted 6-0 with Lorain Bell absent to approve the split of an existing two-lot subdivision into three lots for Robert McDonald, whose 8.07 acres are at 271 South Mineral Springs Road.

Mandon said the split was fulfilling a commitment made to the Plan Commission when it platted the 190-home Iron Triangle subdivision on 63 acres surrounding McDonald’s land. B&R Development plans to purchase 4.85 acres from him for a park accessible from The Trails, which is located on the east side of Mineral Springs north of Wood Street at the eastern terminus of Old Porter Road.

The Porter Park Board hasn’t formally determined whether it would take ownership of the park and develop it but last night park superintendent Jim Miller said during a 2009 Town Council budget workshop, “We can accept (the donation) till the cows come home but we don’t have any money. If we accept it they’ll expect us to do something and it’s not going to happen.”

Matt Keiser, project manager for The Trails, said if the Park Board doesn’t want the land, the subdivision property owners’ association will develop it. “It’s a win/win for everybody.”

Posted 7/17/2008