Planning appointment stayed
Staff writer
Derek Belton’s reappointment to another term on the county’s planning and zoning commission was stayed last week — at least for the time being.
County commissioner Clarke Dirks proposed that the seat remain vacant pending legal review whether Belton should be allowed to serve another term or is covered by term limits the county has imposed. .
Commissioner unanimously approved the motion.
Chairman Jonah Gehring said payday meetings usually did not allow public comment, but because of the circumstances he was going to allow it.
Dirks took what the Record reported Dec. 28 along with his own research to conclude rescinding an earlier appointment reappointing Belton was problematic.
Commissioner Dave Crofoot said no one should take what the Record reports as gospel.
“They get more wrong than they get right,” Crofoot said.
Resident Alish Weiser told the commissioners the decisions left the county wide open for litigation.
“Math doesn’t lie, so for the next few minutes we are going to talk math where three times three is nine,” Weiser said.
She pointed to a 2019 resolution that states that once a planning and zooming member has completed three consecutive terms he or she must step aside for one year.
“”They have three three-year terms no matter which seats they sit in,” she said. “Mr. Beneke’s constituents’ disapproval doesn’t negate Marion County law.”
She asked why rescind vote was needed to reverse the county’s Dec. 22 vote since it was illegal to be made.
Why why break the rules for this specific man?” she asked. “What power does he wield over you?”
Dirks questioned county administrator Tina Spencer’s statement that the county counselor had provided a legal opinion on this matter.
“The law is supposed to be consistent, and I don’t see it,” he said.
Under Roberts Rules of Order, the vote to rescind Yoder’s appointment should have never been allowed to happen, Gehring said.
“We made a dire mistake,” he said. “Based on Roberts Rules of Order that vote should have failed. That’s the way I read it.”
Gehring said state law did not allow a board’s appointment to be rescinded appointment just because you want another person.
“The whole thing was not handled right,” he said. “I will take the blame because I did not know the rules then. I had no idea this was coming.”
Dirks pending motion to stay the reappointment for legal review was desperately needed, he said.
“It’s the safest role to take to get us out of litigation,” he said.
Beneke agreed.
“Under the circumstances I feel it is appropriate,” he said.