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APC SPECIAL MEETING – March 25, 2019

The White County Area Plan Commission met Monday, March 25, 2019, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Board Members Present: Charles Anderson, James Annis, Abbey Gross, Ralph Hasser, Sid Holderly, Doug Pepple, Mike Smolek & Denny Sterrett. Absent members were: Richard Lynn, Stacy Selagy & Brad Ward

Planning Department Representatives: Joseph Rogers, Executive Director, Tina M. Tiede, APC Secretary; and Abigail Diener (Attorney)

Registered visitors were: See attached.

The meeting was called to order by Charles Anderson.

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REZONES:

President Anderson established that, although the agenda called out four (4) individual rezone requests, since they all involved the same use consideration by the same party, testimony for all rezones would be heard simultaneously, but will be voted on separately to allow Commissioners the opportunity to distinguish between the acceptability of one request vs another. Director Rogers requested that any questions or comments pertaining to a specific parcel or request be pointed out, if not a general comment relating to all. Director Rogers read into the record a summary of all public communications received by the Area Plan office related to the requests (see perm. file).

The proposed zoning map amendments involve consideration of a change of the zoning districts from:

A-1 (General Agriculture District) to I-2 (Heavy Industrial District). The proposed rezones are all for the purpose of allowing the applicant to pursue approval for a landfill expansion. For APC Comments on all rezone requests, see Exhibit A Ballot Summary (attached).

Representatives that were present to represent the requests included Randy Head (Attorney), Lisa Disbrow (Waste Management Spokeswoman), Doug Kammerer (Landfill Supervisor), Chris Rubak (Engineer), & Gene Klisiak (District Manager). Attorney Head presented the petitions to the Board and elaborated on the variety of approvals required before a Landfill expansion could actually begin. He also provided an overview of the expansion plans, Lisa Disbrow outlined the history of the landfill and presented map Exhibits A-D to the Board. Lisa also pointed out the Certified Wildlife Habitat on the west side of the property, the great relationship with the Sagamore Boy Scouts of America, as well as the partnership with the Wabash Valley Power Association and Carroll-White REMC. Approval is still required from the White County Commissioners, the Board of Zoning Appeals, IDEM, and the Army Corps of Engineers. The expansion plan also includes a proposal to re-route the Opal Carmichael Ditch.

Waste Management of Indiana owns 565 acres in and around the landfill, but only 165 are currently used for disposal. The rezoning adds up to 115 acres to that amount. The company says without an expansion, the landfill would be out of room in nine years. This will add an additional eighteen years at the current trash receiving levels. The expansion will continue to utilize the existing entrance, scale house, and internal infrastructure that is already in place. The plan assumes the volume of waste taken into the facility will not increase, as the current area will be closed off.

Various community members spoke out against the rezone proposal or for a delay of approval until more fact finding could be accomplished. Community members who spoke out at the meeting included Barbara Pellegrini, Tom Banks, Rose Prskalo, Arian Rogers, Shannon Mattix, Janet King, Ericka Banks, , Virgil Wilhite, Terry Blackman, Vicki Menser, Josh Bowsher, Mark Bowsher, and Rocky King. Their comments are summarized on Exhibit A Ballot Summary.

One community member, Amanda Cosgray, spoke out in favor of the rezone.

APC Board Members asked questions related to the life of the liners in the water system, the life of trash in the closure are, surface water run-off and sediment basins, what efforts will be made to control trash blowing into the waterways, and possible mandate of solid roll tarps. Ralph Hasser made a motion to add a condition to the request that implemented a requirement for solid covers on all trucks coming in and out. The motion died with 2 in favor and 6 against.

There being no additional questions, ballots were passed out by Abigail Diener

1) #1097 – Owner: Waste Management of Indiana, LLC; Applicant: Randy Head - Location: 12-28-3 Pt W Ne; 66.23; &; E Se Ne 20.14; & Se Ne Ne 2.03; & W Se Ne 20.00; 519; Parcel ID #91-83-12-000-003.701-010 (007-95940-01); Off 1000 N, Monticello; Liberty Township, White County, Indiana, 47960

Ballot Summary:

1. The proposed rezoning is consistent with the goals, objectives, and policies of the White County Strategic (Comprehensive) Plan and any other applicable planning studies and reports, as adopted and amended from time to time. 7 Agree; 0 No Opinion; 1 Disagree

2. The proposed rezoning is compatible with the current conditions (e.g. existing lots, structures and uses) and the overall character of existing development in the immediate vicinity of the subject property. 7 Agree; 1 No Opinion; 0 Disagree;

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 6 Agree; 2 No Opinion; 0 Disagree

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 3 Agree; 3 No Opinion; 1 Disagree; 1 Invalid Response

5. The proposed rezoning reflects responsible standard for growth and development. 6 Agree; 2 No Opinion; 0 Disagree

President Charles Anderson announced the results, as follows:

8 votes cast -7 in Favor; 1 Opposed; 0 No Recommendation

Rezone request will be certified to the appropriate legislative body with a “Favorable” recommendation: The White County Commissioners at the April 1, 2019 meeting.

2) #1098 – Owner: Waste Management of Indiana, LLC; Applicant: Randy Head Location: 7-28-2 Pt Se & Pt E Sw; 60.89; & E Sw; 2.391; & Pt Se Sw 1.504; 519; Parcel ID #91-82-07-000-000.303-003 (002-07830-03); Off State Rd 16, Monticello; Cass Township, White County, Indiana, 47960;

Ballot Summary:

1. The proposed rezoning is consistent with the goals, objectives, and policies of the White County Strategic (Comprehensive) Plan and any other applicable planning studies and reports, as adopted and amended from time to time. 7 Agree; 0 No Opinion; 1 Disagree

2. The proposed rezoning is compatible with the current conditions (e.g. existing lots, structures and uses) and the overall character of existing development in the immediate vicinity of the subject property. 7 Agree; 1 No Opinion; 0 Disagree

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 6 Agree; 2 No Opinion; 0 Disagree

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 4 Agree; 3 No Opinion; 4 Disagree

5. The proposed rezoning reflects responsible standard for growth and development. 6 Agree; 2 No Opinion; 0 Disagree

President Charles Anderson announced the results, as follows:

8 votes cast - 7 in Favor; 1 Opposed; 0 No Recommendation

Rezone request will be certified to the appropriate legislative body with a “Favorable” recommendation: The White County Commissioners at the April 1, 2019 meeting.

3) #1104 – Owner: Liberty Landfill, LLC; Applicant: Randy Head Location: W Ne; 12-28-03; 13.770; 519; Parcel ID # 91-83-12-000-003.700-010 (007-95940-00); 8632 E 1000 N, Monticello; Liberty Township, White County, Indiana, 47960;

Ballot Summary:

1. The proposed rezoning is consistent with the goals, objectives, and policies of the White County Strategic (Comprehensive) Plan and any other applicable planning studies and reports, as adopted and amended from time to time. 7 Agree; 0 No Opinion; 1 Disagree

2. The proposed rezoning is compatible with the current conditions (e.g. existing lots, structures and uses) and the overall character of existing development in the immediate vicinity of the subject property. 7 Agree; 1 No Opinion; 0 Disagree

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 6 Agree; 2 No Opinion; 0 Disagree

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 2 Agree; 3 No Opinion; 1 Disagree; 1 No Response

5. The proposed rezoning reflects responsible standard for growth and development. 6 Agree; 2 No Opinion; 0 Disagree

President Charles Anderson announced the results, as follows:

8 votes cast - 7 in Favor; 1 Opposed; 0 No Recommendation

Rezone request will be certified to the appropriate legislative body with a “Favorable” recommendation: The White County Commissioners at the April 1 2019 meeting.

4) #1105 - Owner: MJM Lawson Farms, LLC; Applicant: Randy Head Location: Ne Ne 12-28-3 37.970 & Pt E Se Ne 12-28-3; .68; 519; Parcel ID # 91-83-12-000-003.400-010 (007-93790-00); 900 East & 1000 North, Monticello; Liberty Township, White County, Indiana, 47960;

Ballot Summary:

1. The proposed rezoning is consistent with the goals, objectives, and policies of the White County Strategic (Comprehensive) Plan and any other applicable planning studies and reports, as adopted and amended from time to time. 7 Agree; 0 No Opinion; 1 Disagree

2. The proposed rezoning is compatible with the current conditions (e.g. existing lots, structures and uses) and the overall character of existing development in the immediate vicinity of the subject property. 7 Agree; 1 No Opinion; 0 Disagree

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 6 Agree; 2 No Opinion; 0 Disagree

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 4 Agree; 3 No Opinion; 1 Disagree

5. The proposed rezoning reflects responsible standard for growth and development. 6 Agree; 2 No Opinion; 0 Disagree

President Charles Anderson announced the results, as follows:

8 votes cast - 7 in Favor; 1 Opposed; 0 No Recommendation

Rezone request will be certified to the appropriate legislative body with a “Favorable” recommendation: The White County Commissioners at the April 1, 2019 meeting.

BUSINESS:

1) Building Permit Software – Joe Rogers had previously emailed the Board Members with the proposed SBS permit software/portal for the office to review and consider. Approval is also needed from the White County Commissioners. Initial setup cost is $4500 and the subscription to the Portal is $995.00 recurring monthly. An appropriation of approximately $24,000 in funds are still available from last year’s software budget to pay for the initial startup fees, licensing fees, monthly fees to finish out 2019, and still have some contingency funds in the case they were needed so no additional funds are being requested at this time. Licensing fees are normally paid out of the Commissioner’s budget. After some discussion related to the permitting processes and procedures, by a show of hands, the Board voted unanimously to approve the proposal for the new SBS Software Portal. The proposal will now be presented to the White County Commissioners for final approval.

There being no further business, Mike Smolek made a motion to adjourn the meeting, with a second from Abbey Gross. The meeting adjourned at 7:30 p.m.

Respectfully submitted,

Tina M. Tiede, APC Secretary

White County Area Plan Commission

Joseph Rogers, Executive Director

White County Area Plan Commission

Document Prepared By: White County Area Plan Board Secretary, Tina M. Tiede “I AFFIRM, UNDER THE PENALTIES FOR PERJURY THAT I HAVE TAKEN REASONABLE CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN THIS DOCUMENT, UNLESS REQUIRED BY LAW.”

Signed_______________________________________________

EXHIBIT A


REZONE BALLOT/MEETING

COMMENT SUMMARY

WHITE COUNTY AREA PLAN COMMISSION

File: #’s 1097, 1098, 1104 & 1105 – Liberty Landfill, Waste Management & MJM Lawson Farms

4 Parcels: Rezone: A-1 (General Agriculture District) to I-2 (Heavy Industrial District)

Legal acreage from deeds & Auditor’s records: provided: 13.77, 108.4, 38.65 & 64.785

Board Notations:

1. Waste management needs to return (to a public meeting) to address citizen’s concerns of capturing windblown trash, solid tarp enforcement, county environmental officer inspections, tire wash and testing run-off more frequently.

2. Waste management needs to require all trucks have a solid roll-up tarp (utilized) both coming and going.

3. Would like to see hard cover (tarps used) both in and out of landfill.

4. Any and all restrictions need to be put in place to insure overall landfill usage.

5. Would like to see 40-foot-high barrier fence along whole Charmichael (Opal Carmichael Drain) (ditch (JWR comment; this would require a variance).

6. Would be for covered tarp controls

It should be noted that a Board Member motioned to include as a condition of the rezone approvals that all trucks be required to utilize solid, roll top tarps. Motion failed 6-2

Community Issues/Concerns:

1. What benefit will this expansion be to nearby property owners; how will this effect property values;

2. Need reduction in trash seepage from trucks; both coming and going;

3. There needs to be a tire wash as the trucks exit the landfill to keep "crap" from being carried out of the landfill and deposited on the roads;

4. They should stay away from the river (JWR note: closest property line currently is about 2,989 feet; under proposal it would be 1,944);

5. Water Testing; well, surface and ditch water testing should be more frequent;

6. County environmental officer should do independent water testing of wells, surface and ditch water;

7. Environmental issues can be created by trash brought in; there is a lack of control of intake content;

8. Hard tarps should be required to help prevent trash from escaping from truck container during travel;

9. Concerns about what happens if surface pump fails;

10. Concerns about what happens if liner fails and how long it will take to detect such a failure;

11. What happens if 30 year closure window is inadequate?;

12. Who's responsible for clean-up costs if company goes out of business and then a problem is detected?;

13. County ordinance should be implemented requiring solid-top tarp usage;

14. What is the long-range plan past the next 27 years?

15. Has an environmental impact study been conducted for this proposed expansion; is a current environmental impact plan available for the public?

WHITE COUNTY AREA PLAN COMMISSION

PUBLIC NOTICE OF SPECIAL SESSION

 

March 25, 2019 – 6:00 p.m.

2nd Floor Conference Room, White County Building

110 N Main St., Monticello, IN 47960

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The White County Area Plan Commission will meet in Special Session pursuant to Indiana’s Open Meetings Law, I.C. 5-3-1-2 (b):

REZONES:

The proposed zoning map amendments involve consideration of a change of the zoning districts from:

A-1 (General Agriculture District) to I-2 (Heavy Industrial District).

#1097 – Owner: Waste Management of Indiana, LLC; Applicant: Randy Head - Location: 12-28-3 Pt W Ne; 66.23; &; E Se Ne 20.14; & Se Ne Ne 2.03; & W Se Ne 20.00; 519; Parcel ID #91-83-12-000-003.701-010 (007-95940-01); Off 1000 N, Monticello; Liberty Township, White County, Indiana, 47960;

#1098 – Owner: Waste Management of Indiana, LLC; Applicant: Randy Head Location: 7-28-2 Pt Se & Pt E Sw; 60.89; & E Sw; 2.391; & Pt Se Sw 1.504; 519; Parcel ID #91-82-07-000-000.303-003 (002-07830-03); Off State Rd 16, Monticello; Cass Township, White County, Indiana, 47960;

#1104 – Owner: Liberty Landfill, LLC; Applicant: Randy Head Location: W Ne; 12-28-03; 13.770; 519; Parcel ID # 91-83-12-000-003.700-010 (007-95940-00); 8632 E 1000 N, Monticello; Liberty Township, White County, Indiana, 47960;

#1105 - Owner: MJM Lawson Farms, LLC; Applicant: Randy Head Location: Ne Ne 12-28-3 37.970 & Pt E Se Ne 12-28-3; .68; 519; Parcel ID # 91-83-12-000-003.400-010 (007-93790-00); 900 East & 1000 North, Monticello; Liberty Township, White County, Indiana, 47960;

The proposed rezones are for the purpose of a landfill expansion.

Individuals requiring reasonable accommodations for participation in this event should contact the White County Title VI Coordinator a minimum of 48-hours prior to the meeting at: 574-583-4585; Leah Hull, Title VI Coordinator, 110 N MAIN ST, PO BOX 260, MONTICELLO, IN 47960