Ms. Swackhamer stated that this resolution had been written by attorney Mr. Wiseley. She stated that there had been a case earlier this year regarding the vacation of a subdivision plat in the town of Mt. Pleasant. She stated that the applicant had run into a few hiccups in the recording of that vacation afterwards. She stated that Mr. Wiseley did some research and discovered that Indiana Code did say that the Metropolitan Plan Commission and the Plat Committee had the authority to vacate plats. She stated that Mr. Wiseley’s recommendation was to move the responsibility to the Plat Committee since that would be a better fit and would make the process a little easier for everyone.
Mr. Murphy stated that he had worked with Mr. Wiseley on this and that he agreed it was the best idea to avoid any problems in the future and that he supported the resolution.
Ms. Swackhamer stated that this had been the first vacation in a while because they were not common and that they just wanted to be prepared to make the process smoother for the applicant.
Mr. Brand stated for clarification that this would be transferring the authority from this body to the Plat Committee to vacate all or part of any plat pertaining to land owned by a petitioner.
Ms. Swackhamer stated that it would be changing the Rules of Procedure that those cases would be heard by the Plat Committee and that it was Indiana Code that jurisdiction to both bodies to make that decision.
Mr. Brand stated that since this a resolution, the Board would not be making a recommendation but would be voting.
Mr. Murphy stated yes, the Board would be voting for approval or denial since it was a resolution.
Ms. Swackhamer stated that Mr. Borchers had sent an email and wanted to make sure that if a subdivision was vacated that the responsibility of any drainage was not terminated and that clear ownership of maintenance still be defined. She stated that she believed it was already addressed in the plat, but asked Mr. Murphy for his thoughts.
Mr. Murphy stated that the best way to handle that was for the Plat Committee to consider those issues and that they were better equipped to do so, and that they could include any conditions.
Ms. Swackhamer stated as a reminder that this Board did appoint and confirm those Plat Committee members.
Ms. Brand stated that Mr. Borchers concern was valid however it was not included in the original language, and he agreed with Mr. Murphy
Mr. Brand made a motion to amend and approve the MPC Rules of Procedure. Ms. Sipe seconded the motion. Voting in favor: Mr. Brand, Mr. Carroll, Mr. Dishman, Ms. Hensley, Mr. Ivy, Ms. Sipe, and Mr. Smith. Voting against: None. Motion carried (7-0), MPC 04-26A approved.