Terre Haute committee discusses ordinance to create historic preservation commission; staffing, funding and code placement flagged

Councilwoman Boland, chair of the Planning, Zoning and Improvements Committee, opened the July 28 meeting by saying the committee will not take public comment at that session and that a separate public comment session is scheduled for Aug. 20 at 5:30 p.m. at Terre Haute City Hall.

The committee spent most of the meeting on an enabling ordinance that would allow Terre Haute City to create a local historic preservation commission and local historic districts. The proposal, as drafted, would authorize the commission to apply for grants, accept title to property and request technical, administrative or clerical assistance from city officials. The committee did not vote on the ordinance at the meeting.

Tommy Koechner, director of the Western Regional Office for Indiana Landmarks, described funding tools and how other Indiana communities staff preservation commissions. "National Register listing is automatic listing in the State," Koechner said, noting that the federal rehabilitation tax credit requires National Register listing and that Indiana's residential rehabilitation tax credit is now capped at $10,000 per applicant. He also said the State Historic Preservation Office and the Historic Preservation Fund have in the past helped fund countywide surveys, but state grant programs for privately owned historic properties were zeroed out by the state legislature a few years ago.

Committee members focused on several implementation questions: who would staff the commission, where the office would be housed, how routine reviews would be funded and the workload for existing departments. Several council members and the mayor told the committee they do not believe city staff currently have the capacity to provide full-time staffing for a commission. The mayor said some departments are being restructured to rely more on permit fees and other dedicated revenues, and cautioned that staffing reductions and cuts to grant programs complicate launching a commission now.

The ordinance, as drafted, places the historic-preservation language in chapter 10 of the city code under zoning. City Attorney Mike Wright said that placement was made in part because the process resembles other pre-construction review steps, but he added, "if it makes more sense in another section, then that's totally appropriate," and explained the ordinance could be withdrawn and refiled in a different chapter.

Committee members asked about process protections for property owners. The draft includes an administrative appeal process that, under the ordinance language, permits judicial review under the Indiana administrative-review statute (Indiana Code 4-21.5-1). Council members also discussed a two-phase designation option (a three-year phase 1 period during which only demolition, new construction and moving of structures are reviewed) that other Indiana cities use to limit initial restrictions while allowing a later conversion to full designation if property owners do not object.

Several council members asked the committee to solicit neighborhood-level input before the next meeting. Chair Boland and others asked residents representing neighborhoods or associations to consolidate comments and, where possible, appoint spokespeople for Aug. 20. The committee also said it will prepare any formal written recommendation to present to the full council at a later meeting; the chair noted a final council vote likely would not occur until September.

The committee adjourned by voice vote after scheduling the next public meeting for Aug. 20. There were no ordinance votes or formal recommendations adopted at the July 28 session.

Ending: The committee plans to continue discussions and to solicit public input at the Aug. 20 meeting; staff and council members said they expect additional data on costs, staffing implications and potential funding sources before making a formal recommendation to the full Terre Haute City Council.