County Plan Commission president, Dave Hostetler in awkward situation

During the Public Comment portion of the County Commissioners meeting on Monday, David Hostetler, President of the County Plan Commission told them, “I’ve got myself in an awkward situation that I’m not very happy about.” He said while it’s been an honor, the current rules seem to have changed and if I feel we need to have legal representation at the meeting, we are required to get prior approval from the County Council even though the Plan Commission reports to the Commissioners. 

Hostetler said the County Council will only allow the Plan Commission’s attorney to appear for certain agenda items, as their way of stopping any action on the industrial solar and battery energy storage systems.  He said, “The County Council is directing what I can put on the agenda or what I can’t have on the agenda.  To me that is kind of a conflict of interest.  That’s not who I report to.  That’s not what I understood the job to be.”  He went on to say, “I’m looking to you, the 3 of you and your attorney for advice.” 

Hostetler did tell the commissioners that he asked County Plan Director Ty Adley to have their attorney attend the last Plan Commission meeting. 

Commissioner Kevin Overmyer told Hostetler he feels he has every right as president of the Plan Commission to have their attorney at the meetings if he feels there is a need. He said the Plan Commission has a contract with Jones to be their attorney.  Overmyer said, “If they (the county council) don’t want to pay Dereck, Derick can go across the street and sue them.”   

Overmyer went on to say, “This is ridiculous.  This county is set to have all kinds of lawsuits filed against us just because of this reason.”  He said the council is picking and choosing who the plan commission can have conversations with and who can seek variances on property. 

Hostetler said without legal counsel, especially for the industrial solar and battery energy storage systems he feels like he would be subjecting the county to large lawsuits. Hostetler said if the Plan Commission doesn’t put a case on the agenda then the county could be sued by the company for not allowing them to have a hearing. 

Commissioner Stan Klotz served on the Plan Commission for about 14 years with about 7 as the president.  He said, “I always felt I had the right to bring an attorney in, but I also had to make sure I had the money to pay for it.”  Klotz also commented that if a moratorium was put in place the issue would resolve itself.

Hostetler told the commissioners, “This last two years on the Plan Commission has not been a pleasant experience by any measure.”  In closing he said, “You are aware of my dilemma.  I plan to proceed as I have in the past.  If that means what I suggest will have the county suing the county because we aren’t doing the job we were appointed to do.”    

Commissioner Overmyer said, “If we are going to go down this route, we might as well not have a plan commission and just close up the county and say we don’t want any new business.” 

Commissioner Mike Burroughs is a member of the Plan Commission and said, “The Plan Commission is being held hostage by the County Council and the president, if he feels that he needs legal representation should be able to have legal representation to avoid the county and the plan commission and us from being sued.  It makes sense to me, but logic has gone out the window a long time ago.”