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BZA MEETING MINUTES THURSDAY APRIL 17, 2014

The White county Area Board of Zoning Appeals met on Thursday, April 17, 2014 at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, White county Building, Monticello, Indiana.

Members attending were: Carl Hites, Dennis Sterrett, Richard Holmes, and Randy Conwell. Absent:: Dave Rosenbarger. Also attending were Attorney Abigail Diener, director Joseph Rogers and interim Secretary Jennifer Hill.

Visitors attending were: Dan Hanenkratt, Craig Kelley, Roxane Hancock, Harry Duvall, Brad Smock, Debra Richmond.

The meeting was called to order by Chairman Hites. Even though it’s not listed that way our agenda our first order of business that we have tonight is Reorganization, we need to elect officers. First officer we need to elect is Chairman and I would like to entertain nominations.

Randy Conwell: I nominate Richard Holmes

Denny Sterrett: I second.

Chairman Hites: Richard Holmes has been nominated any other nominations from the floor?

Randy Conwell: I make a motion to close the nominations

Chairman Hites: Is there a second to that motion?

Denny Sterrett: I second.

Chairman Hites: Moved and seconded that we close nominations. All in favor Aye, opposed the same. We have a new chairman should I have him take over?

Joe Rogers: Yes.

Chairman Holmes: We have a position for Vice Chairman is there any nominations on the floor?

Randy Conwell: I nominate Denny.

Carl Hites: I second. I motion nominations be closed.

Randy Conwell: I second.

Chairman Holmes: Okay, we’ll vote, everyone in favor of Mr. Sterrett being vice, signify by aye.

All: Aye.

Joe Rogers: Okay, we’ll need to appoint a secretary. The secretary does not have to be appointed from the board. In the past Erin was the secretary and is currently the secretary and Gayle before that. Generally we encourage the office gal to be secretary, but it’s up to you guys.

Chairman Holmes: I’m in favor of that.

Denny Sterrett: That’s fine with me; I nominate Mrs. Hill, Jennifer Hill

Carl Hites: I second it.

Chairman Holmes: All in favor of the secretary nominations or nominations are closed all in favor signify by aye.

All: Aye.

Joe Rogers: okay, now we’ll need go to approving the meeting minutes and findings of fact.

Chairman Holmes: Next item on the agenda is approving the minutes of the last meeting and the findings of facts. Was there any questions?

Denny Sterrett: I didn’t see anything wrong with them when I read them.

Chairman Holmes: I didn’t quite understand. I was reading through them and I thought, boy these sound familiar, I thought well you said no pictures so we’ll wait and see.

Carl Hites: I move we accept the meeting minutes and findings of fact as presented.

Randy Conwell: I’ll second that.

Chairman Holmes: all in favor signify by aye.

All: Aye

Chairman Holmes: Opposed by the same, motion carried.

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Chairman Holmes: Okay we’re going to hear Variance # 2894. I need to remind them…we’re short

Joe Rogers: and you need to tell them that they have the option of hearing the variance as a group or individually.

Chairman Holmes: Okay, Mr. Hanenkratt we’re short a board member, you can choose to not have this heard tonight or let us that are hear decide nay or yay on your petition.

Dan Hanenkratt: go ahead.

Chairman Holmes: That’s okay? You need to come to the podium and tell us who you are.

Joe Rogers: Well wait a minute before you do that, you need to ask him, he has three variance requests you need to find out if he wants those heard individually or all at once.

Dan Hanenkratt: once

Chairman Holmes: Okay, we’ll go ahead and hear the variance # 2894 Joe with show us.

Joe Rogers: Okay the petition that you are about to hear, Variance # 2894, I’m entering the Staff Report and affiliated documents that were sent to you into that record, officially into the record so they can be utilized to assist us in establishing the findings of facts here once we’re finished. I’m going to go through the photos first and then I’ll kind of go through the record and then if you want to go back to some of the photo’s we can. The photos, there are quite a few photos because of the height of the structure you can’t really couldn’t see on any side without having to go around to each of the sides so I took quite a few photos so if you didn’t get out to the site I’ll try to explain the best that I can. I’m currently standing at the southwest corner of the parcel in question, which is over here, I’m looking north, this is Tribune Showprint here this is just looking down the road, so you can kind of see the current grain structures here, Tribune Showprint is here. This is looking at the street that separates their North operation which is the site in question and their South operation which is connected by this overhead; I’m going to call it an elevator but probably more like a conveyor really from the North to the South. This again is just kind of looking down the street so you can kind of see what the visual is and I’m going to kind of walk around this area here and try and give you some different views of um, I’m still standing at the southwest corner still standing closer to the Tribune Showprint building, that’s really for my record purposes to show that the sign was posted. Okay , now I’m moving around and I’m standing now at the northeast corner of the Showprint building and this is the house that’s across the street there is a Railroad Track Right of Way here and the grain bins are over here, this is one of the houses that are across the street you can see that. This is just looking here, I’ve got to remember where I am right now, this must be at the railroad tracks and I believe, am I on the east side of the building looking north.

Male from Audience: you’re at the corner of that building on the railroad tracks, looking south and that’s the yellow house on the right.

Joe Rogers: Okay, and again I’m going around here in a somewhat circular motion. This is a shot down the railroad right of way, again the grain bins are over here, the houses are over here on this side. That’s just a picture from the Tribune Showprint. I’m now on the northwest section of the lot, Tribune Showprint is here and the grain buildings are over here on the left. This shows you a shot down the street here is the section in question, over this way and here is their other property here this is the ROW, again Showprint and the other buildings. This is just a shot of the operations, so you can kind of see the structures that are currently there on the lot and this is now moving easterly here, I think I’m about in the center of the lot. You can see there are residential over here you can see there is a manufactured home, this is some kind of enclosed complex here and a grain bin sitting next to it. This is just kind of straight east in that same spot and I’m going north, so that’s northeast kind of directly north from where I was standing and then northwest of where I was standing. Now I’ve moved over more to the Northeast corner sort of and this is a shot of the facilities as you see it, now I’m shooting south down the street that separates.

Male from Audience: that’s my house on the left.

Joe Rogers: And you are?

Male from Audience: Harry Duvall

Joe Rogers: Okay, this is, now I’ve come to the southeast corner, there is the same house we were just referring to the building and the truck groove there and I’m kind of going the other direction now to the west I’m a little northwest here and then this should be a westerly shot if I’m not mistaken, this is going to be across the street, the facilities across the street and this is a house that is southeast of the grain property.

Carl Hites: Is that house occupied?

Joe Rogers: This one? Do you know?

Male in Audience: No

Joe Rogers: Again, this is straight east, this is the house from earlier, and I’m going back around again and now I’m back to the beginning. So, again with the structures the way they are its really hard to get some good shots I was hoping to call up the ortho, but I’ve not been able to do that.

Carl Hites: Maybe while you’re still there at the pictures. Are there houses other than Mr. Duvall’s house that are next to you that are occupied? I was trying to tell what was and what wasn’t.

Male in Audience: That whole area was occupied by homes until the homes got, until the grain bins started going up and drove people out of their homes. People don’t want to walk out and have a grain bin when there is a thunderstorm.

Carl Hites: So there aren’t people in them now is that correct?

Male in Audience: The home s that are all there are mostly occupied, and like I said he lives right next door. The blue house used to be occupied but the gentleman who owned it had tried fighting this all along and I guess he gave up I don’t know where he went.

Carl Hites: Okay, we can discuss it more in detail later.

Joe Rogers: Okay, I’m going to go through my Staff Report a little bit verbatim because of the complex history of this particular location and we do have files here if there is other data that you want to see we can try and look it up but basically according to courthouse records the site has been used for continuous industrial agriculture purposes since 1960. Although, according to previous Area Plan Staff Reports some grain bins were actually built and in use as early as 1954 so there is a little bit of discrepancy as to when the initial use was, but it was all prior to zoning so regardless which date you use. The site has been topic of several Area Plan Department actions in 1986 a portion of the property was rezoned from B-2, General Business, to I-1, Light Industrial, that’s our file #366 it was approved 8 in favor and 0 against. In 1986, the property became the subject of a variance modifying the front setback by 22’ on the Main St. side, 20 ‘ on the South Railroad St. side and 57’ off the rear property line which was granted for a 44’ diameter grain tank , a 20’ variance for a 36’ diameter grain tank, there is no indication if this request pertained to setback or height, a height variance of a 28’ for the two 44’ diameter grain tanks, 80’ variance for a tower, a 92’ variance for one grain leg and an 18’ variance for a second grain leg that was all done under file# 303. That was presented to the BZA and approved 3 in favor and 0 against. The height limitation at the time was 50’; setback requirement was 20’ minimum or height of structure if greater than 20’. In 1991, the property was subject to another variance petition requesting a rear yard setback variance of 7’ and a height variance of 60’ for the erection of a 110’ high grain bin that was all done under File# 509. That was approved by the BZA 4 in favor, and 0 against, again the height maximum was 50’ and the property line setback was 20’ or height of structure if over 20’. In 1994, a third variance petition was heard for a 1’ encroachment and a 56’ height variance that was done under file #679 that was approved 4 in favor 0 against. Zoning standards spelled out a 50’ height maximum and a setback of 20’ minimum or height of structure for any structure over 20’. The encroachment was across the south property line. In 2000, , a rezone petition was heard to rezone Lot #47 along with lots not subject to the current petition, from B-2 to I-1 file #721 and that was approved, or given a positive recommendation of 7 in favor 1 against. Subsequently, this petition went to the county Commissioners who approved the rezone in September of 2000, then, after the filing of a lawsuit, agreed, in September of 2001, to reconsider their initial approval and, upon reconsideration, elected to override their earlier action, the rezone was rescinded. In 2002, a petition was filed exclusively for Lot #47 to change the B-2, General Business District, to an I-1, Light Industrial, that was done under file # 788 and that was approved, given a positive recommendation of 8 in favor and 0 against. At this hearing, the Staff concluded that the site along with the adjoining I-1 parcels did combine to meet the I-1 minimum area standards of the zoning ordinance. In 2005, a petition was filed for a 5’ front setback variance to build a dump pit and a 20’ front setback variance for a bulk feed bin file #2408 and that was approved by the BZA 3 in favor 0 against, a 25’ front setback was required at the time. Finally, in 2007, a variance petition was heard to allow a 15’ffront setback variance for the purpose of replacing an existing building file #2600 that was approved 4 in favor 0 against, a 25’ front setback requirement would have applied to the site at this time. The property is currently zoned I-1. According to the 2002 Staff Report from File #788, the staff determined the property met the minimum size; and width requirements of the 1995 Zoning Ordinance for I-1 zoned districts. Thus, the staff considers this property grandfathered for the purposes of Bulk Use requirements. The use is fairly well buffered to the north, west and south. The closest residential districts lie to the east of the site, the closest which sits approximately 180’ from the proposed construction sites. Well, that’s kind of the detail from my Staff Report and I would be happy to answer any questions that I can on any of the topics that I’ve brought to your attention, questions for me?

Carl Hites: Joe, what’s your opinion as far as the I-1, I was just going over the standards for the I-1 zoning and I’m wondering what your opinion is as far as that zoning itself, a couple of things catch my eye, located as to not impede residential development, should not include processing or manufacturing of materials, or raw materials and should not produce emissions, noise, vibrations, smoke, dust or particulate matter.

Joe Rogers: Well, a couple of things. First of all, the zoning question to me is a settled issue because the APC approved the zoning. The problem you get into and we get this a lot is, at the time this property was zoned and re-zoned the standards were different then the standards are now and in fact under the ordinance that was in effect in 1972 to 1995 you actually had tiered zoning, so if you met this standard you automatically met the standard of everything below. If your question is if this was a new site would I believe that it complies with or would it satisfy an industrial zoning district, I guess that I’m not sure that’s appropriate... Is that appropriate for me to voice an opinion on that?

Abigail Diener: Yes.

Joe Rogers: No, I would say that our office would not consider this site an appropriate site for that zoning district.

Carl Hites: And for purposes of variances that we grant today we should use these guidelines that we’ve got in effect today, is that correct?

Joe Rogers: Yes.

Carl Hites: Okay.

Joe Rogers: Anything else from me? Okay.

Chairman Holmes: Is there anyone here that is in favor of the petition that would like to speak? Please announce your name please.

(Male from Audience approaches microphone)

I’m Brad Smock with Hanenkratt Grain I’ve been there for since like 1994, what we’re trying to do more or less is taking an existing dryer that was built in 1986 and we’re upgrading it so we’re just taking a dryer out and putting a new dryer in. The new dryer, I’m don’t know how familiar you guys are with grain dryers or grain systems but we’ll just, our new dryer will be a tower dryer that requires two legs to go with it, one takes wet corn in the other takes dry corn out it’ll sit if you look at your drawing, it’ll sit at the northeast corner, right there, that’s our dryer now as we speak, that’ll be coming out and the new dryer will get dropped right in there. As far as the height variance which I know was one of the things on here, there are 250’ legs there now so the legs that will be associated with this will be actually shorter than the legs that are there now they’re 150’ legs. And then that’s pretty much it, we’re pulling out something from 1986 that’s inefficient in today’s standards let’s say and replacing it with something that is more up to today’s standards and it’s going to be cleaner, shouldn’t have to run it as often cause it’ll do 4,000 bushel an hour verses the one that is there now does 1,000 bushel an hour. There are days we dump 70,000-100,000 bushel of corn so the dryer can run for 30 days and never shut off. Well now, with this we’ll be upgrading that and be able to dry more corn. Our system won’t change old dryer coming out new dyer going in. Any Questions?

Carl Hites: How would you expect this new dryer and all these structures that you’re talking about putting in, how they compare in the things that we’ve talked about? Noise, dust, vibration all those things that may affect the neighbors how would it compare to the old one?

Brad Smock: If you look at the literature that they would give you on the new one obviously you’ve got from 86’ to today, so you’ve got roughly 30 years where technology has improved a bunch of that stuff, um, I know it’ll be definitely be cleaner because the dryer we have now it’s a…corn’s at the top of it when the heat blows in it blows the heat out the top, it’s what they call a batch dryer, so you do get a mess um, dust whatever that comes out the top of it. This dryer here is completely enclosed so you’re heating it’s more or less there’s corn on the outside and you’re blowing heat up the middle and blowing it up and out through without a vent. On the dryer and I don’t know if one of the pictures where it was at if you look at our other dryer, it actually has louver vents on top. Well, all your heat blows out the top which brings grain dust and bees wings and stuff like that with it, on this one it’s more contained. To say that it would be 100% nothing is not true but just the 30 years of technology has proved that this is a lot better system then what we currently have.

Carl Hites: So you would expect to have less noise and less dust, right?

Brad Smock: Yes, that is correct.

Carl Hites: Now what about this, it apparently has a lot more capacity.

Brad Smock: Um –hm, Yes.

Carl Hites: Will you expect then to expand then otherwise as far as using more grain, trucking in more grain, it’s got to go someplace, go out?

Brad Smock: Yeah, Um, no the dryer won’t change that. What the dryer will theoretically change is now like our general operations let’s say we may run from this time, either way at the end of the day there is only so much ground that you can buy grain from that’s in our area , it’ll just make it more efficient that we’ll be able to accomplish the same things. Cause we’ll be able to dry, typically in today’s world we would let’s say that there’s a day of the week that it rains well we still have to dry corn that whole week because we have to catch up, we fill everything with wet corn so then we have to catch up, in this case we’ll be able to stay more caught up lets say on a day to day basis. But X amount of bushels of grain have to come in and X amount have to go out.

Carl Hites: To process the same amount of grain.

Brad Smock: Yes

Carl Hites: You’ve already said it won’t have to run as long.

Brad Smock: Right.

Carl Hites: Of course if you ran it longer you could process more grain.

Brad Smock: Yes .

Carl Hites: You would have to buy more grain.

Brad Smock: Yes, you would have to buy it and you only have so many, you’re not going to be able to buy corn from Tippecanoe County, let’s say just because you have a bigger dryer, you’ve got your radius that you can buy grain from .

Carl Hites: But the same radius today and the same radius in 1954 produces multiple …

Brad Smock: Correct. Yes, so that we’ll have the benefit of 210 bushel corn out of that circle. Any other questions?

Denny Sterrett: What does the proposed tower, what’s it do, is it?

Brad Smock: The tower?

Denny Sterrett: Does it hold the wet grain?

Brad Smock: No, the tower is actually just a tower with the two legs in it um, so the only thing that the tower is the two grain legs themselves are inside of the tower and so that’s the wind support. That’s the wind support for them and both legs, like if you see little squares on your drawing like that’s a tower, yep that’s what it is it just holds the legs inside of it so you don’t have cables and so on, the legs just sit right in the tower.

Joe Rogers: The dryer that you currently have there when your there in your busier season how long does it run?

Brad Smock: 24

Joe Rogers: How many hours a day would this new one run?

Brad Smock: Well, in theory this new one is 4,000 bushel and hour dryer and the one we have now at max can do 1500 bushel and hour so in theory it would run 30%-40%.

Joe Rogers: So would it run less per day or less number of days?

Brad Smock: That would all depend on your grain flow coming in, it would definitely be less days…

Joe Rogers: Less days.

Brad Smock: Because say now we dump say whatever 200,000 bushel of corn just for easy figure 1,000 bushel of corn an hour, okay so that means in a days’ time we can dry 24,000 bushels of corn. Well, once it rains or gets full and you have to close to receiving grain that dryer still has to dry that 200,000 bushel of corn before you can bring more in and so in this case it’ll be a combination of both its going to run less amount of time a day and a less amount of days to accomplish the same thing.

Male in the Audience: It’s about the moisture in the grain…

Joe Rogers: Hold on, can you wait until it’s your turn to speak please?

Carl Hites: Do you get much fuel?

Brad Smock: What’s that?

Carl Hites: Do you get much improvement in fuel efficiency?

Brad Smock: From the old to the new, yes, it’s more electric friendly, we’ll go up to um now, the one that is there now and I’m just going off the top of my head but I think that I has two 75 horsepower motors and this one here can do the same thing with the same amount of horsepower um, so like I said that’s just 30 years of efficiency that’s been brought into the system. Anything else?

Carl Hites: If we do uh, grant the variance when do you expect to be up and running?

Brad Smock: By next fall.

Randy Conwell: My concern is when you start jacking towers that high up in the air, what kind of support do you have for high winds, nothing is going to survive a tornado but high winds and stuff like that damaging the neighboring houses like that.

Brad Smock: That’s where they’re, the towers are actually engineered for the legs that are inside of them and so the, I believe this tower and correct me if I’m wrong but 95 mph wind right? 105 mph wind is what they’re engineered for and in the olden days they were engineered for I believe maybe that was the 95, but it’s 105 mph wind and there are currently two towers, I can show you real quick if you want me to, this is a tower here and then you can’t see it but there is another tower that sits right here and what, I’m sure you’ve been by grain setups before you can see where they have cables going everywhere ours have the towers instead of the cables.

Randy Conwell: Oh.

Brad Smock: So the leg sits inside of that tower it’s like a 12 X 12 square that’s just a tower and the leg sits inside of the tower and that eliminates the cables coming off of everywhere, well you can’t really see it in that picture but it’s just a square box that there’s a leg sitting in the middle of.

Randy Conwell: Okay.

Brad Smock: Cause otherwise you put the leg up without any tower and then it would blow over.

Randy Conwell: Okay, that’s what

Brad Smock: Yeah

Randy Conwell: That’s what I picture.

Denny Sterrett: How tall is your dryer now?

Brad Smock: The dryer, the dryer is probably 50’. Cause it’s just, if you looked at it on that picture you would think that it’s a grain bin except for it has fans hanging off the side of it. Anything else from me? Okay, thank you guys.

Chairman Holmes: If there is anyone opposing that wants to speak against it come up and state your name please.

(Male approaches Microphone)

My name is Craig Kelley, I’ve lived in Idaville for 25 years and it’s my opinion this grain elevator has been erected in the town under previous gross negligence, uh, it seemed to never meet the requirements it’s needed. It’s had, every time you turn around, it needs a variance, you can’t move on the property without getting a variance for it, uh, it’s just degrading the town the bigger it gets. The dust, it’s like snow, red snow coats the town, I go out in the morning and my car is covered with sludge in the mornings from the grain dust it’s turning the town into a mess. I believe that I looked in the new zoning ordinance and it says that grain elevators sit under an I-2 zoning and that parcel of property is an I-1 correct?

Joe Rogers: Yes I believe that is correct.

Craig Kelley: He’s trying to get a variance on a piece of property that isn’t even zoned properly, because as of right now it should be an I-2. The lot width, I have as 113’ on the lot width which is a minimum supposed to be 250’ that lot size dimensions I don’t believe ever met requirements for an I-1 or I-2 zoning in Idaville. And every time he turns around and wants to move he has to have a variance for it. All these variances if you look are double or in some cases he has grain bins that were put up like this last one was put up a 60’ setback from the road, he was given a 0. I mean is that a variance when you go 0 from the road, when you walk up to the road and the property starts and there’s a grain bin, I mean you see there, the structure those were homes and churches there, this is a town I moved to 25 years ago, a lot of elderly people there and I thought an improvement this is a nice quiet place in White County 10 minutes from work, I work right here. I thought it would be an improvement and instead what I’ve seen of that town is people who took pride in their homes, as soon as an elevator went up they walk outside and a thunderstorm would kick up, the Churches, it blocks the sun it’s just nowhere somebody wants to live under when there is a thunderstorm so I drove out homes. So what you’ve got is people left their homes, banks won’t finance the homes around it because they have to disclose that there is an elevator there, so you can’t go get mortgages anymore. Your property values are dropping, the only thing they can do is rent to people and the people that they have to rent to are the undesirables who don’t care where they’re at. They’re either drunk or stoned or they have nothing better to do. You know I don’t want that to be our town , I would like our town to improve, I would like a park for our kids, there is a park right across the street it’s really useless I don’t even know why they get money for it, it’s within a 100’ of what he’s wanting to put.

Carl Hites: Mr. Kelley all of these things that you talked about are things that have happened in the past whether they were right things or …

Craig Kelley: Oh, and I realize that. It was previous…

Carl Hites: We’ve heard tonight that these gentlemen expect there to be an improvement of conditions and actually a lowering of the towers and have you any question about that that you don’t think that’s a correct statement?

Craig Kelley: I know none of its correct because every step they’ve made were convinced it’s an improvement and there has never been an improvement it’s been going downhill ever since. I mean I have pictures to show you if you want to see what the grain dust looks like.

Joe Rogers: If you submit those then they will have to be held by our office.

Craig Kelley: Yeah sure, I’ll submit them

Joe Rogers: As part of the evidence, go ahead.

Craig Kelley: I mean that picture is just to show you how the grain it piles up like snow all over the town, you know he says that he runs 1,000 now he’s going to run 4,000 you think it’s going to be any cleaner? At one time apparently the old facility when it was a small one used an oil to help collect it, well they don’t want to clean it so the grain dust just floats, the noise is…if you’d also like I’ll submit more, this is what our town used to have there where he sits now there was a barber shop and there was I mean I have a list if anyone wants to see what was there, a church it was a business district and a residential district, that’s what I moved to. I didn’t move to a town , you know I don’t mind grain elevators, he’s got plenty of facility and land to build his elevator on other parcels of property that he owns, you know why take a piece of property that he owns and keep adding and adding to it at the downfall of everyone else around him. I doesn’t fit in a residential community, I mean that’s been our point for years. This was a town, a prospering town I mean at one time. And now you get to sit out and listen to that. And not only that, that grain elevator if, do you have the parcel that shows both sections of his property, I mean I don’t know. I have the layouts of the lot, his grain bin that he got the last one for that he needed a huge height; I mean probably the tallest in White County and an elevator that goes across the road. I don’t know if he told you but he had a proposal to put two of those up. I sat out of my front door and watched as they put the first one up that the roof buckled in on that for the whole first year. Brad Smock had to keep having them come out and put new bands around to help hold it up cause the roof kept buckling in, they couldn’t understand the weight of its own self it was so big. And, you know if one of those ever goes down I mean does he have liability for that town it destroys when something happens? And yes we filed a lawsuit against the County Commissioners when they rezoned the piece of property and the lawsuit was settled it took one year because the County Commissioners couldn’t come up with a way to fight it. We’re a poor community, we can’t afford to keep filing lawsuits, it takes $5,000 for an attorney to come in. We have all the evidence we just don’t have the money. And we did and the County Commissioners came in and the only way to get out of that lawsuit was to take away the zoning and put it back to a residential, which Mr. Hanenkratt and the Commissioners agreed to and for some reason 2 years after we agreed to the lawsuit to put it back , they thought it okay, that two years after we would forget about it and bring it right back and when we were less able to afford to fight it, so settled out of court apparently didn’t mean anything to the county at the time or to Mr. Hanenkratt because it was settled out of court and as far as we were concerned we were happy it was done. And all of a sudden it’s brought back it’s like we’re forced to file lawsuits if we want to stop anything and we can’t. You know we even tried for a Writ the last time and Mr. Hanenkratt’s attorney butted in and wrote a threatening letter that I have to the Judge telling the Judge that he has no right to investigate it, that we had to provide the evidence and it was our lawyers and the state guidelines for the judge that if we provide, we asked for a Writ which was to the Judge just to do a review of it and it was under the state guidelines that the Judge is allowed to investigate it all he wanted to go through the zoning ordinances and look to see what was going on but instead our lawyer sent the accusations but she didn’t attach the zoning ordinance to it to verify that everything that we were saying was true. She didn’t attach it because she expected a hearing to come up. Well, Mr Hanenkratt’s attorney Mr. Tribbett at the time sent a letter to the judge, which I have a copy of that also that the judge has no right, cannot go and do any investigating like it was a criminal case, that the judge can do nothing and we failed to provide the evidence which was the zoning ordinance and so the judge for some reason, I don’t know if he took that as a threat or how he took it but he decided to deny us and not do anything about it so it left us in a position the only thing we could do was to file a lawsuit. Well at the time we didn’t have the money to file a lawsuit, we went so we really couldn’t do anything, when he put up that bin we actually got that Writ at that time, what happened was Mr. Smock went to, he thought that we were going to take it to the state and do something and go out of this area to try and take care of the problem. What he did was came back to the Board of Zoning, he requested that he put that bin over at 24 and Rangeline on his other facility which he has plenty of room to do there, he had no complaints and was given approval to do it. When he realized that we didn’t have the money to take it to court and when time passed by he decided he was going to bring it back to Idaville so it’s almost like the previous, I mean no problems with you I know you’re all a new members but the previous ones was like bending over backwards to take it here, take it there, you can put it wherever you want and didn’t bother that we had at one time 147 residents out of 150 in town sign a petition stating that we do not want the expansion of this grain elevator it started out as a mill. The only elevator that originally existed in that town was on the North side of the railroad tracks and it was a wooden elevator that actually served a railroad. Mr. Hanenkratt had no part in that elevator that served the railroad. That was strictly for the railroad he doesn’t serve the railroad. What was on the side that he started all of this was a mill. A little grinding mill and that was it. So in 1986 when he decided with this plan, the zoning ordinance if they would have went by the zoning ordinance it in 1986 he wouldn’t have met the requirements for it. So basically in my opinion it’s just been gross negligence over and over and over again on the part of the Commissioners and the previous board members against the complaints of other people.

Joe Rogers: Well, I would kind of like to ask a question along the lines of what Shaker was asking, if you were convinced or if you believed that this would actually improve the situation, if it would actually reduce their hours of operation, actually reduce the amount of contamination that is let out in the community would you be in favor of it?

Craig Kelley: Well…

Joe Rogers: Just that question alone?

Craig Kelley: My point is I can’t be in favor of anymore expansion of that elevator facility for the simple fact that I’ve heard that over and over again and I’ve never seen any improvement. Like you said now he’s going to run 4,000 through his dryer…

Joe Rogers: I’m just asking a hypothetical question though; if you did believe that it would be an improvement would you think that is the right thing to do? I know you don’t believe it.

Craig Kelley: I don’t believe it would be an improvement. What I really want to see happen, I mean I plan on staying in this county and what I really want to see is this in court. I want to see this in court where we can provide all the evidence we have showing where we have tried and done everything in our possibility, being in a poor community trying to stop this monstrosity going on in our town, I mean this is the heart and soul of the town, this is Main Street. I mean this wasn’t what should have been put there I mean how would that look if someone took out, this is Main Street here, I mean what if someone decided to erect an elevator right here in the middle of town, which is a town that was surrounded by homes , I mean, you can see there were businesses there. But I go back to, it doesn’t meet, it’s not an I-2 zoning and an elevator right now today needs an I-2 zoning.

Joe Rogers: But you understand that the way the zoning ordinance works is for example if this activity occurred prior to 1972 and there was a zoning ordinance written that it receives grandfathering status regardless of what it’s zoned is permitted to continue operating.

Craig Kelley: Right, but what I’m saying is in 1986 when this was started there was a zoning ordinance and it didn’t meet the zoning ordinance that’s what I’m saying, not that they didn’t meet it at any time. I mean it didn’t meet it in 1986 when Jerry Altman was the lawyer, when he started it and Mr. Altman sat right here and told us that oh he’s grandfathered he’s been there 100 years and then sat there and proceeded to tell me that we can do whatever we want, I mean your only option is to sue us. I mean so our hands are tied. When they tell us what can we do about it? I mean I don’t, like I said every inch of that, if …you just read off variance after variance every piece of equipment on that property has to have a variance and the variances are substantial they’re double what the zoning ordinance allows. And those are my main concerns, I just want people to follow the same rules we have to there is a garage that sits right behind, actually he owns the property now because they sold out to him. There’s a garage where t if you go look at it the foundation is moved 6 inches the whole building because somebody built it they were 6 inches off the foundation, they were made to move that whole garage 6 inches because they didn’t have the variance for 6 inches, which was surprising that how strict they were to the residents. But then when we get something like this coming in I just don’t understand it. Why do that to residents and not do it, and if you look in the records you also notice that property wasn’t property zoned an I in 86’ it was left a B-2 but put an I facility on it, and then they came around in 2000 and changed it to an I, they waited until they were getting ready to do the other side and realized they’re not in compliance and so that’s when they went and made that an I zone to I-1 from a B, you’re aware of that in your records, right? So it was actually after the fact that he was not compliant the I was to bring him into compliance at the time. And with today’s standards he’s still not in compliance even though they brought it to an I-1 because a grain elevator is strictly allowed in an I-2, it’s not even listed on. I went online and looked up the records that you…

Joe Rogers: Right.

Craig Kelley: told me I could find and I looked it up and it’s not even listed on an I-2its listed under I-2 for an elevator, so I just hope you kind of understand the people from our town, there would be a lot more people, but people have to work, there would be more people here.

Chairman Holmes: Any other questions?

Craig Kelley: Thank you with your time.

Chairman Holmes: Is there….please state your name

(Male approaches Microphone)

Harry Duvall, I’m opposing all 3 variances, they have Hanna Lot 43, 44, 45, 46, 47…guess who has lot 48. I do, I’m the closest one to them. I’ve been in here every time protesting whatever they wanted to do. It’s nothing new to me I’ve been here several times. I am a resident, I live there. We’re residents, okay, the town is a residence okay, we’ve got families there we’ve got children there. I’m going to get into a little bit of Health & Safety here. Where his grain bin is at, the last one that he put up, the tall one and the grain legs and stuff, right there at that grain bin at the Intersection of Main & E Railroad Street, there is a bus stop. We’ve got at least 5 children from the east end of Railroad Street that walk down Railroad Street to get to the bus stop, they stop there, okay, I know at least 5. My concern here is you know how our Indiana weather is how bad it can get, snow, ice…ice accumulates on top of those grain bins, on top of that 250’ leg, icicles. I’ve seen sheets of ice come off the top of those grain bins, now if those kids are walking in there, in between there and there down their at the bottom of that grain bin, where is the ice going to go? We don’t need an incident like that we don’t need something like that. Vehicles traveling by, when them sheets of ice come off, you got a little wind, you don’t know where they’re going to go from that height what are they going to do to a vehicle? They could total it out, worse yet what are they going to do to the occupants inside there? I don’t want that to happen.

Randy Conwell: What you’re saying is with the ice and that what they’re putting in…

Harry Duvall: What they’ve got in.

Randy Conwell: Is going to increase the danger? What I’m saying is, right now if we vote against this variance they’ll continue going along how they are.

Harry Duvall: Yeah, and that’s a shame.

Randy Conwell: There’s nothing we can do about that.

Harry Duvall: That’s a shame.

Randy Conwell: With this vote what I’m….

Harry Duvall: What I’m throwing out…

Randy Conwell: What they’re putting in now, what they’re wanting to put in is that going to increase the danger of the kids and that.

Harry Duvall: I never got anything on this, I never got a thing in the mail on this stuff, on this variance I never got a paper or anything, I don’t know why, but I never got anything. I don’t know that picture I haven’t seen that picture. I don’t know what their proposal was other than a 132’ tower and they say they’re going to have 250’ legs in there now? 250’ legs! The dirt and the dust, if you’ve been over there. Have you guys been over there? Their whole parking area, their whole drive area is gravel ,okay, they’ve increased over the years with the variances with the bins and stuff they get more grain in there, they get the bigger grains to be able to hold the stuff, they’re getting semis coming in there, bigger equipment hauling it in, okay, where they hauling it in? Down Main Street.

Randy Conwell: Do you think there’s going to be more traffic with this proposal?

Harry Duvall: Do you? I can’t answer that. I don’t think there is going to be any less. And here we go with the kids; I’ll let someone else get to that. You’ve got the vehicles coming in there stirring up the dust, okay they’re bringing in grain, they’re unloading the grain it’s got dust in it, and you’ve got the dust from that. They’ve got a big feed mill there where they supply 10-12 hog operations, yeah 10 or 12 hog, as far as Lafayette. That hog operations if they’ve got a contract with them they’ve got to have feed to them, they don’t won’t those hog operations to run out of feed. So, 24 hours a day 7 days a week in the evening late or in the morning early if they need that grain or feed to the hogs, they’re out there starting up the trucks. I’d kind of like to have a little piece and quiet but I guess that doesn’t mean anything. If you guys don’t live there, you guys don’t know what I’m talking about. You don’t know what I’m talking about. Do you all know about grain operations? The bees wings and stuff like that? Okay, uh, I’ve had bees wings almost a ½ an inch covering my yard, I’m serious. That’s not a funny thing, you can’t get the EPA out there, cause they’re not going to get out there soon enough to see that, when I mow sometimes the bees wings are entwined down in the grass, so when I go out to mow, what’s it doing, it’s mowing the grass and also bringing all those bees wings up and around. I’m in a dust bowl mowing, it’s not fun, it’s not healthy. Uh, the noise you’ve got the feed mill there. Harvest time, they don’t close at 5 O’clock, they can be open till 11-12 o’clock at night and if you notice the semis come right within 12 ‘of my bedroom.

Carl Hites: How long have you lived there?

Harry Duvall: Since I think1986 is when I got that I’m one of the first in 86’

Carl Hites: The structure was there when you…

Harry Duvall: What structure?

Carl Hites: The complex, maybe not every building but…

Harry Duvall: The feed mill was there, and I think a couple maybe some smaller grain bins, all the big ones weren’t there and the legs…

Carl Hites: I see.

Harry Duvall: None of them were there.

Carl Hites: Okay.

Harry Duvall: Waldo Lewis was there at one time, I don’t know if you remember him or not? Okay, now we talk a little bit about the noise, we’ve got, we’re talking about the new dryer from 4,000 bushel to 1500 bushel and they’re going to dry this faster. Don’t you think that burner in there, now I’m talking the burner in there, don’t you think the fans, don’t you think that burner in there is going to be a lot louder? If you’re going to have a burner this big and you’re going to increase it how many times more? 4 times more isn’t that going to be bigger? It ain’t going to make any more noise, I think so, I work for Nipsco, on the gas side, I know, uh with the mill we have odors over there with the loading and unloading you get spillage sometimes it’s not cleaned up near in time it spoils, what do you have if you have grain laying out there, you have birds, you got mice, and you got rats. Uh, even the feed mill when it’s running sometimes there’s an odor from it. I don’t know what all they’re mixing with the feed for the hogs, there’s some lime in there and stuff that blows over if we get a big wind. At one time I thought we had a couple of ordinances where they actually couldn’t build within what 300’ of a residence at one time I thought they had that there in White County, Idaville is still in White County, and I think there is a decibel noise too and I will be getting me a decibel meter to monitor. I’m residential, I’m not business. Uh, like I said I’ve been here every time, I think they’ve voted no once against this one person since I’ve been here. You know I would like to know what rights the citizens of Idaville have. Do we have any rights? I just want you to please consider the health and safety of the citizens of Idaville and their future. That’s all I have.

Chairman Holmes: Okay.

(Woman from audience approaches microphone)

Chairman Holmes: And try and keep your comments from what we’ve already heard.

Female: I’ll try to do that, this is my first time attending one of these; I’ve only lived in Idaville 8 years. My name is Roxane Hancock I own a home right at the end of Railroad Street and Logan Street. I’m very nervous so give me a second here. I didn’t really know if I should be involved because I wasn’t previously involved. But I have to be involved and I think it was because of the mannerisms of a certain person and his verbal threats and his cursing at us that said okay, enough is enough. I’ve raised 3 children and 2 of them still live with me in this town and I felt that this needs to be stopped. I have pictures here of where I live at that shows, I didn’t know about this either, I just by chance happen to saw it in the newspaper. And you’re welcome to see these here in just a second.

Joe Rogers: I didn’t catch your last name. What was it…

Roxane Hancock: Hancock, this is down the street my house my driveway everything, I also can see where their grain mill is also. It’s almost on a daily basis I also deal with the bees wings or the chaff whatever you want to call it. The feed supplements when they mix it with the feed from the feed mill are constantly the bags are blowing around I find them in my front yard , down the back side of the railroad tracks as you can see the noise I hear. I get up at 5 a.m. in the morning, there are trucks running many hours and days, they do not comply with, what do you think would be a good bedtime for a child? 8 o’clock going to school? 10, 11, 12 o’clock these trucks are running. There also on up on top of these bins trying to do maintenance or clearing out, whatever, you can hear quite loudly them shouting orders to each other at 1030-1100 o’clock at night, totally uncalled for. So, that’s why I’m getting involved. I also have pictures that I took just last night of the bins in Idaville if I may approach it shows kind of from the street line, they’re very tightly closed in right now and he would like to put a bigger bin in here and I would like to know how he’s going to do that. This is the bin that is currently standing there and he wants to put a dryer bin, whatever, in there. There’s not much space there. This is the little sign, only by chance because in the newspaper I got to see it. This is a picture of down one side of my house where the track is and the railroad track here. This is they had torn down a building I believe and it’s hidden by the bins and I don’t know what year this was torn down, but maybe you could verify this. This is some of the rubbage that is still standing there, as of yesterday. Here’s another picture. I’m kind of going at this as a Mom; I know a lot of children that were raised in the neighborhood, if you’re not familiar with our town, it has a bad reputation. I’m going to go there, I’m not wanting to mention a certain part, because I do fear retaliation but if I don’t stand up for something, I’m standing up for nothing so here I go, I may repeat a few things so bear with me cause this is typed in. The residents of Idaville once again have to deal with Hanenkratt Grain, take note that most people not living in Idaville believe that the town is nothing but full of alcoholics, drug dealers and users, thieves welfare frauds etc. and I beg to differ this. There are a great many good hard working people in this town, many that work full time plus part time jobs just to survive. Many have raised their children with great morals and have taught their children respect. Many that keep their homes up and also their yards, knowing that the abandoned homes left from owners and/ or financial institutions have left their home at a low market value. Many have neighbors that never take care of their homes or yards, trash left to blow around and stink all year. The county never really makes sure to keep on top of complaints because most of what is to be believed is to be Idaville human misfits. The building of the grain bins throughout the years has lowered the values of our homes. Many will not move here because of the ugly structures, also the noise and pollution. They have also been told that the lending institutions will not provide financing due to the fact of the lower value of the land and home and the danger of the grain elevator in the area. We know that the farmers have the need for a grain elevator, does this need to be in the center of our town, do we need the noise and the traffic problems. The dust and the gravel and the chaff from the grain has always been an issue for residents. Not only is it in our yards it’s in our air conditioners, in our windows in our pools and cars and in our lungs. Health problems such as asthma are noted in every health article from this. Hanenkratt Grain has left a foundation of a house on its property on Railroad Street as an eye sore. They have many things left unclean and at a risk of dangers to others. Why is this permissible? The rest of us wouldn’t get away with this. Please note that the traffic noise as early as 5 a.m. cause I live right on that street. And very late into the evening is annoying trucks have a difficult time navigating in the poorly designed lot. Traffic from the trucks cause safety issues to the children, bikes, and walking. Not to mention the traffic on Main Street. When you have 2 or 3 grain trucks hauling in they can’t fit where they need to be. So they’re blocking the road. Residents have to take another way around because he has taken over the road. Hanenkratt Grain now proposes that we let them build more monstrosities towering over our homes. Hanenkratt Grain has very little space now. Why build more bins on such a small space and make a bigger nuisance to our town? Truly, perhaps a better plan was to build a road to better support the weight of the tractors and grain wagons. Now understand I have trucks hauling grain wagons coming down Logan Street and we can barely get two cars to pass on these streets to begin with. Large semi’s hauling grain, trucks pulling grain wagons out in from the country in Idaville. Perhaps near the hog farm that was built only recently, that was built outside our town limits that also stinks up the area in our town, let the noise pollution and the wear and tear on our roads be your financial responsibility, Hanenkratt Grain. The bins that are now standing may be been built illegally, I don’t know that for sure, but one bin has structure issues already and I guarantee you they didn’t notify anyone of that. Time for an investigation to Hanenkratt Grain and any others that may have not followed BZA rules, corruption is corruption no matter the individual’s names on the board or who may own a company or business. Mailing notification to those that are close to Hanenkratt Grain is all well and good of Hanenkratt Grain, but if they want a building of more bins and more structures, such as this that they propose tonight let the others in Idaville not just the ones nearby know also, because we do have an interest in that town. There is concern over the missing headstones. This is something that hasn’t been mentioned tonight, and I’ll show you pictures here in a moment. There is concern over the missing headstones that were on the lot that is now a storage bin that have now been built on, there are pictures of these headstones also individuals that actually have seen the headstones on this lot. It is the belief of many that the state should have been notified of this. We don’t know where they were buried because their headstones had been unearthed by Hanenkratt Grain. We want to know who is buried there. Where are the headstones today? And what did Hanenkratt do with these stones? Were storage bins placed over the resting place of a person or persons if you have no respect of the dead, you have no respect for the living. And I’ll bring forth these pictures. Some are blurry I apologize for that but these were people and these were stones right now where that big bin is built. They’re very blurry but we have better pictures of them. Now understand there was a church there, this was the Idaville Church, it was torn down and replaced at one point in time people did bury their loved ones in their back yards, back in the 1800’s, in the one there has a name it’s better in the picture that I have that gentleman that died in 1845 and it’s a son of a gentleman. See this shows, right now this is gone the bins are sitting there. These show some of the beautiful homes that were sitting there that this shed is gone. This is the part that I’m about to bring up that makes me uncomfortable. A few years back , maybe 3 years I was out videotaping. I was at the end of Railroad Street; Main Street is right in front of me. I was at a stop sign with a group of others maybe 4. I was just videotaping him building the leg across and I’m thinking why is that there that’s kind of dangerous. I farmed 18 years I know what I’m talking about, but we were verbally accosted that night so this is not to make somebody look bad tonight but kind of what we deal with, with the mentality in our town. Many felt bullied by Brad Smock’s comments to some in Idaville and I’m going back to this night. He was upset that we were videotaping, he felt that we had no rights to be there, that we were interfering with his life and he made a comment that he would build many hog farms grain bins and run us out. Now I do believe that Hanenkratt Grain should hire someone that controls outburst of certain hired workers or business partners, anger management and learning to work with others goes a long ways in dealing with a stressed town and its residents. Before any more bins or any more structures deal with the wrongs that are of the past and of today. Maybe then Idaville residents will have a better town for their tomorrow. Right now, my home just decreased if you approve this. I own my home; I take very good care of my home I’ve never been in trouble with the law I don’t do drugs or anything. I also take care of two abandoned homes in that town, I mow the lawns, I receive no money for that I don’t even get a thank you, but you know why I have to do it? Raccoons, Rats, filth people moving in trying to make more meth labs, that’s kind of what we deal with in that town, so to have someone curse us and threaten us to throw us out of our town is strictly unfair all we want is this not to go any further, when you’re hauling that stuff in it is bringing up dust, you are blocking the roads there is no park in that town it is just a name, children cannot play there it is right next to the post office , it’s right on the highway, and you have semi after semi, grain wagon after grain wagon, trucks pulling wagons, these guys have no safe place to play. Thank You.

(Another female from audience approaches microphone)

I’m Debra Richmond, I live in Jerry Bonnell’s home, he passed away May 17th, last year, he gave me his home I own it now. I’ve lived there for 9 years; yes my daughter had to ride the school bus and get there and load there at that same spot we talked about. Pretty much everything that has been said I just want to say I don’t want any more buildings there, what is there is very loud and I don’t see how it’s going to make it any better than what I is now, I have family that come and visit and in just 2 hours their cars are just covered with bee wings. The silage, the rotten silage that gets on the roads I have to tell family or whoever is coming to my house go a different route because it’s just puddles everywhere it just stinks, you get it on a car and uh…the semi’s it’s getting worse since they built the big bin cause like I said I live right caddy cornered, I’m not far from the big bin. The semis that go by, we have a lot of children that play, they might kick a ball out on the road, I don’t know how anyone has kept from getting hit. We do have a lot of animals that get run over by semis, they drive very fast down through there. There is no speed limit, everyone is in a hurry to get to the grain bin I don’t understand why there was one there in the first place, that huge, that brings more business in and I just feel if you get another in it’s just going to bring more. I don’t see how it’s going to improve the bees wings and the dust I can’t open my windows in the summer, I can’t stand the noise at night it runs constantly. I had a pool, when Jerry passed away, I can’t take care of it myself, you’re just constantly cleaning it. The dust, we have a drain in the middle that would plug and when you turn it on to filter it and put chlorine in it , it explodes back up, you’ve got to constantly keep it clean. I had it tore down; I couldn’t deal with it anymore. My concern is we just don’t need no more buildings, no more traffic than what it is. We can’t do anything about what was done, but we want it to stop now, just for the safety of our children, like I said I love my home, but I don’t want it getting any worse than what it already is. I don’t think it’s going to improve it anymore, I don’t, I don’t, so I don’t know what else to say. Any questions? Like I said pretty much everything was said, and Jerry lived there for 54 years, he built that home, he lived there when he was 4 years old, he added on to that home that wasn’t in the picture and since he’s passed away I have worked on that home, I finished the garages that he couldn’t finish, he had cancer and I’m trying to make it look better but it’s not going to help me if you add more to the Hanenkratt’s my value of my home is going down. I’ve got a lot of money in it now since Jerry passed away, but I’m not going to get anything out of it. It’s going to be hard to sell if you keep adding more on, so, I have nothing more to say I just hope you decide to not add anymore to that small town. Thank you.

Chairman Holmes: Would anyone with Hanenkratt like to rebuttal?

(male approaches microphone)

I’m Dan Hanenkratt we started business in 1954, we bought the Idaville location in 1973 from Waldo Lewis so that’s how we got started over there. Um, this the grain legs number one there are two grain legs they’re not 250’ tall, they’re about 125’ tall, two legs sitting inside the tower and it’s a round tube 18’ diameter on the outside the motors are up inside the dryer, so I mean it’s quieter than what we got now. As far as bees wings, they’ll definitely be less, it’s a lot cleaner dryer, and I mean it’s going to make us more efficient in our operations. And I’m going to kind of go backwards a little bit. When the buildings we tore down in 1986, they were unoccupied, falling down, that’s when we expanded to the West on Main Street there, and the houses on Railroad Street that we took down were the same way pretty much, we bought the properties and pretty much got rid of them. You know we’ve created a good tax base that wouldn’t be there ordinarily and so I mean from that standpoint we’ve helped the community. I don’t feel like we have anything to do with things that happen out from our operations you know as far as the people that live there and what they do. I mean, we haven’t caused that so…I don’t know, I feel like we’ve you know helped the community. Any questions?

Joe Rogers: I have a question, now I’ve only been in this position since 2009,so basically when we’re given a request for a variance we have to go back review historical records and sometimes those aren’t always complete, but it seems apparent that for at least for the last 20 years that there has always been a lot of controversy about the activities on that site and anytime that you want to do some sort of improvement or expansion you are required to get a variance because the site is so small, has there ever been any sort of long term plan you guys have planned to reduce the operations around that site and move them to another location?

Dan Hanenkratt: Well, probably not at this point, we’re committed there, and that might be 30-40 years down the road but not in the near future.

Chairman Holmes: Two questions then, the dust that these folks were talking about, what you’re planning on doing will that release anything or is that from the other feed

Dan Hanenkratt: It will help, but one thing we did last fall is we spent $6,000 in putting mineral oil all over the driveway all over our stone to keep the dust down and I think it was pretty effective.

Chairman Holmes: Okay, I’m talking about the dust from the corn and all that.

Dan Hanenkratt: Right.

Chairman Holmes: Is this production going to limit that?

Dan Hanenkratt: It should, I mean bees wings mainly.

Chairman Holmes: And just as a good neighbor on some of the pictures, do you plan on cleaning some of that up?

Dan Hanenkratt: Yeah, I’ve not seen the pictures.

Chairman Holmes: Any other questions? Anybody on the opposite side have a rebuttal, and it’ll have to be short.

Harry Duvall: I just want to comment about the dust; I don’t know how anybody can say about the bees wings and stuff until we know especially with the capacity that the grain dryer is going put out , compared to what it did before. I mean we talk about dust, grain produces dust it can ignite, it can explode, I wonder if there are any preventive measures or methods that they have to keep that dust level down in the grain bins and then if that fails do they have a secondary measure cause if that happens and I’m home, well I won’t be here again.

Roxane Hancock: He’s not wanting this to help our situation or our town, it’s about production, it’s about money and you put oil down on gravel once its driven over what happens, it tracks on the tires traveling over it and it’s gone very shortly, this is all about money, not about the people of the town. It’s about the production, why do you think he wants bigger bins, bigger dryers? Why spend, get a dryer that size, spend less money make it better, why buy bigger?

Debra Richmond: The bees wings also come from the trailers unloading, and it’s always going to be there so it’s not going to help us or anything, I mean we’re still going to have the bees wings from loading and unloading the trailers, see what I mean?

Craig Kelley: Financial gain I read in the new ordinance today that says that you’re not supposed to approve variances based on a financial gain for a variance, it needs to be something detrimental or to fit in with the surrounding area. So I just thought that would be another. This is financial gain dry more corn, move more corn cause he moves his corn back and forth from his facility on Rangeline road, back and forth, I just thought I would bring that up.

Joe Rogers: Just so that everybody knows, this was touched on early we have a board that normally consists of 5 members. You have to have 3 votes in favor for the variance to be granted, you have to have 3 votes or more against for the variance to be denied. If it ends up a 2-2 tie it will be continued until the next hearing date just so everybody is aware of that’s what we’re looking for a 3 or more vote one way or the other or there will be a continuance.

Carl Hites: I move that we vote on this.

Chairman Holmes: Is there a second?

Randy Conwell: Is there any way that we can vote on this with conditions?

Joe Rogers: Yes.

Randy Conwell: That the noise level, the decibel level be the same or less? I would like to see a condition on the pollution level but I don’t know whether there is a way to measure that, you could with the decibel level.

Abigail Diener: So what if they put it in and it’s too loud? Are you going to make them take it out? If you put that condition on there and the dryer is louder are you going to make them take it out? You’ve got to think about the practicality of that. condition. It’s a good thought, but…

Chairman Holmes: I don’t know if we…

Joe Rogers: Just so you know, our office would not have currently the capability of measuring that if and I would say if you are thinking about going that route I would certainly like to spend some time speaking with other area plan organizations how they monitor noise levels, what standards they use, I don’t think I would be prepared tonight to commit one way or the other, I guess is what I was saying, so…

Randy Conwell: I haven’t heard a guarantee that the noise level, word of mouth is all I’ve heard I’ve not seen something in writing that the levels will be less

Brad Smock: Can I talk again real quick? On the one picture where the dryer was at, if you look at the dryer that is there now, the fans and motors and everything hang on the outside of the dryer. The way this new dryer is designed they are actually internal there inside of a tower, it looks like a pop can let’s say. There actually inside of it blowing the heat out versus this one where the burner and everything is on the outside blowing the heat in. The system is actually on the inside of a can, more or less versus the way they are now hanging on the outside.

{unintelligible talking}

Chairman Holmes: Just so both parties know however we vote is not going to solve your problem and not going to solve their problems. If we vote to say no to the expansion, you’re still going to have your problems.

Craig Kelley: And we understand that , we’ll deal with that another way.

Debra Richmond: We just don’t want anything more.

Craig Kelley: And that’s bigger when you add 130’..

{female too far away from microphone}

Chairman Holmes: Well however it turns out I hope you folks can work together and get some eye sores taken care of and be serious about pollution. So, okay, we’ve got a motion to vote.

Denny Sterrett: I’ll second that motion.

Chairman Holmes: Randy do you want that stipulation put in there?

Randy Conwell: I can’t see how it will be policed or enforced.

7:27 p.m. Abigail Diener distributes the ballots.

7:35 p.m Ballots handed to the chairman

Chairman Holmes: Uh, with the four members here to vote, 4 were casted, and 4 was denied

Joe Rogers: What’s the vote tally? How many in favor, how many against?

Chairman Holmes: 4 against and 0 for. So Thank you very much. Is there a…

Joe Rogers: Wait, wait, wait till we finish the meeting here.

Chairman Holmes: Is there a motion to dismiss?

Randy Conwell: I motion.

Carl Hites: I second.

Chairman Holmes: Motion carried, meeting adjourned at 7:36 p.m.

Respectfully Submitted,

______________________________

Jennifer Hill, Secretary

Area Board of Zoning Appeals

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Joseph W. Rogers, Executive Director

White County Area Plan Commission