By PAULENE POPARAD

Oakhill Garden Nursery owner Tom Towle can have his Iris Festival this weekend at 410 Oak Hill Rd. in Porter, but he can’t sell any plants. The nursery, which advertises over 1,000 plants, may be in violation of town zoning laws.

That was the position taken Tuesday by the Porter Town Council in granting a public assembly permit for an iris show only. Two weeks ago Towle asked members to expedite his permit saying he expected only about two or three vehicles at a time; the fact plants would be sold at the open house wasn’t mentioned although he did say his hobby has gotten out of hand.

Towle has been advertising the event in local newspapers and through his website, the latter touting the festival and stating plants can be purchased at the nursery, at farmers markets and by email, fax or mail-order.

Voting to approve the iris show but no commercial sales were council members Sandi Snyder, Bill Sexton, Sandy Boothe and Jennifer Granat. Paul Childress voted no, later saying he wanted to send a stronger message that the nursery likely requires a use variance under the zoning ordinance to conduct a business at a residence.

Porter Board of Zoning Appeals President Bruce Snyder was in Tuesday’s audience. When asked by Childress whether a use variance is in order, Snyder replied that appears to be the case.

Associate town attorney Patrick Lyp said the council could approve the permit for an iris show only and deal with the zoning later; a one- or two-day sale similar to a garage sale is one thing, he said, but an ongoing business is another matter.

Towle was unavailable for comment today.

In a related matter the council unanimously approved hiring Brenda Brueckheimer of Porter as its new building commissioner replacing Bill Lewis who resigned in April to become a building inspector only. Lewis also had resigned from the town Plan Commission, an appointment Sexton was filling. Brueckheimer was named to the commission as well.

Childress and Granat said Brueckheimer was impressive in her interview. She will start May 30 and handle primarily administrative duties. She is now self-employed in home maintenance but for seven years previously was responsible for maintenance and construction oversight at Universal Studios Island of Adventure in Florida. The Porter commissioner’s job pays about $5,000 annually plus a percentage of the building-permits revenue or about $12,000 last year, according to Childress.

Childress leads council

The council voted 3-2 on first reading to reduce the membership of the town Metropolitan Board of Police Commissioners from five to three persons to save $2,000 a year. Snyder and Sexton voted no. Because unanimous consent was needed to suspend the rules and adopt the change on second reading, Childress said that wasn’t likely to happen and continued final action until June 13.

The May 9 council vote to have the Police Commission ordinance drawn up prompted then-president Snyder to resign that office because she said time was being wasted on the commission membership and other previously discussed issues instead of moving the town forward.

Last night, Granat, who is the council vice-president, said she and her family agreed she would not accept the presidency, in part due to health reasons. Boothe nominated Childress and the vote was 4-1 with Snyder opposed.

Granat remains vice-president. She opened the meeting prior to Childress’ election by saying the council appreciated Snyder’s time, energy and effort during her presidency since January; Snyder said she was grateful for that opportunity and will continue working for her constituents.

Tax appeal OK’d

Clerk-treasurer Carol Pomeroy announced the state’s Department of Local Government Finance approved Porter’s levy appeal so the town can raise an additional $215,166 in 2006 property taxes to help cover a projected $299,000 budget shortfall. The deficit is largely a carryover from 2005 when Porter County officials refunded in one year property taxes previously paid to Porter on parcels that won reduced assessed valuation following the statewide reassessment.

Waiting on a decision for the excess-levy appeal caused a delay in preparing, mailing and collecting the county’s spring property tax bills. That left Porter without income and its general fund in the red; last night a $200,000 loan from the Redevelopment Commission unanimously was approved. The commission previously granted the council an outstanding $300,000 loan earlier this year. Both have to be repaid by year’s end.

Pomeroy had asked the commission for $300,000 again but its treasurer, Childress, said that wouldn’t be advisable with an $800,000 fund balance and redevelopment money committed to 2006 projects. The commission agreed to reconsider the remaining $100,000 at another time if needed. Sexton said a loan could be made from the sewer fund as well.

Lyp reported that the first 10 of the Sewer Department’s top 20 highest delinquencies went to court this week and all but one have settled with the customers also paying court costs. The next 10 have a court date later this summer.

Earlier this year Childress had proposed reducing the 2006 budget appropriations by a total $300,000 to get the town back on stable financial ground but the initiative was not pursued. After the meeting he said he will resurrect the idea in hopes of having a cash balance at year’s end to start a rainy-day fund.

Posted 5/24/2006