(A) Appointment of members.
(1) The Decatur County Area Plan Commission ("APC") consists of nine members, as follows:
(a) A person appointed by the Board of Commissioners from its membership, or alternatively, a person designated by the Board of Commissioners to represent the Board who may be either a citizen member or an elected or appointed official or employee in the county government.
(b) Two persons appointed by the Board of Commissioners who are residents of the unincorporated area of the County, or alternatively, residents of an incorporated part of the county who are also owners of real property located in whole or in part in the unincorporated area of the county.
(c) A person appointed by the County Council from its membership, or alternatively, a person designated by the County Council to represent the Council who may be either a citizen member or an elected or appointed official or employee in the county government.
(d) A person appointed by the County Council who is a resident of the unincorporated area of the county, or alternatively, a resident of an incorporated pari of the county who is also an owner of real property located in whole or in part in the unincorporated area of the county.
(e) A person appointed by the superintendent of the Decatur County Community School Corporation. The person may be either a citizen member or an elected or appointed official or employee of the school corporation.
(f) A person appointed by the superintendent of the Greensburg Community School Corporation. The person may be either a citizen member or an elected or appointed official or employee of the school corporation.
(g) The County Surveyor of Decatur County as a non-voting member.
(h) The County Agricultural Extension Educator for Decatur County.
(i) A person selected by the Advisory Council on Town Affairs established under division (B) below to represent all the towns in the county which are participants in the Area Planning Department. The person may be either a citizen member or an elected or appointed official or employee in a town government.
(2) Each citizen member appointed under this division (A) must have the qualifications set forth I.C. 36-7-4-216.
(B) Advisory Council on Town Affairs.
(1) There is established in the Area Planning Department an Advisory Council on Town Affairs. Each town council of a town that is a participant in the Area Planning Department shall select one of its members as its representative on the Advisory Council.
(2) The Advisory Council shall elect its own chairperson. The Advisory Council shall meet in the town hall of the participating town having the largest population, or at such other convenient location in the county as its chairperson shall designate.
(3) Pursuant to division (A) above, the Advisory Council shall select a person to serve on the APC who shall represent all of the towns in the county which are participants in the Area Planning Department.
(4) The Advisory Council may, from time to time, meet with the person it has selected to serve on the APC, and advise him or her with respect to hearings and decisions on the agenda of the APC which may affect the affairs of the towns in the county which are participants in the Area Planning Department.
(C) Terms of members.
(1) This section does not affect the term of office of any current member of the APC.
(2) On and after the effective date of this section, the appointing authority shall designate the term of each person the appointing authority selects to serve on the APC, except that no term may extend for more than four years.
(D) Vacancies; alternate members.
(1) If a vacancy occurs among the APC members who are appointed, then the appointing authority shall select a member for the unexpired term of the vacating member.
(2) The appointing authority may also appoint an alternate member to participate with the APC in a hearing or decision if the regular member whom it has selected has a disqualification under I.C. 36-7-4-223(c) (the provisions pertaining to conflicts of interest or the inability of a member to be impartial). An alternate member has all the powers and duties of a regular member while participating in the hearing or decision.
(E) Application to Board of Zoning Appeals. This section does not affect the membership of the Decatur County Area Board of Zoning Appeals under I.C. 36-7-4-902.
(F) Ratification of actions previously taken. Pursuant to I.C. 36-1-4-16, the Board of Commissioners hereby approves, confirms, and ratifies all actions previously taken by the membership of the APC as currently structured, as well as any and all actions taken by the Executive Director or other officers or employees of the Area Planning Department and/or the Board of Commissioners pursuant to any recommendation or decision that was duly adopted by the APC as currently structured.
(G) Effective date. This section takes effect on January 1, 2017, or immediately upon its adoption by the legislative bodies of all units that are participating in the Area Planning Department as described in I.C. 36-7-4-211, whichever is later.
(Ord. 2017-1, passed 1-17-2017; Ord. 2017-1 Amd. 1, passed 3-2-2020)