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The White County Area Plan Commission met Monday May 14, 2001, at 7:30 p.m. in the Commissioner’s Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Jay Clawson, Gary Barbour, David Rosenbarger, Charles Anderson, Ron Pollock, Don Ward, Gregory Bossaer and Rick Raderstorf. Also attending were Attorney Altman and Director Weaver.

Visitors Attending were: Joe Bumbleburg (Ball Law Firm), Connie Bumbleburg, Charles R. Mellon, Ramon D. Hardesty, Eleanor Williams, Bill Williams, Elisabell Wilson, Shirley Buell, James Downden, Richard & Nancy Wilken, Charlie & Cheryl VanVoorst, Cindy Lear, David L. Surber, Fred and Shirley Boessel.

The meeting was called to order by President Charles Anderson and roll call was taken. Ron Pollock made a motion to dispense with reading and approve the minutes of April 9, 2001. Motion was seconded by David Rosenbarger and carried unanimously.

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#735 Robert L. Kelly, Inc. Requesting to rezone from A-1 to I-2 on 7.626 Acres. The property is located in the Town of Reynolds and in Honey Creek Township, West of 366 E. U.S. Highway 24. Tabled from January 8, 2001.

President Anderson asked, do we have anyone representing this request?

Attorney Altman stated, at this point because, it has been continued for as many times as it has, it is now dismissed.

President Anderson asked, but, he can bring it up again in how many months?

Director Weaver stated, 6.

Attorney Altman stated, 6 months, but, it is now dismissed.

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#743 James A. & Tammy J. Halsema; Requesting to rezone from R-2 to R-4 on lots 4, 5 & 6 in Block 2, Moore’s Addition. The property is located in the Town of Brookston at on the Northwest corner of Moore Street and Second Street. Tabled from February 12, 2001.

President Anderson asked, do we have anyone representing this request?

Joe Bumbleburg stated, I’m an attorney from Lafayette, I represent James Halsema, that is here with us today and I will be very brief. After your last meeting, Jim came in and said to me, look at this file and tell me what you think that I should do. Since this is the world of which I live, I looked over the Ordinance and I talked to Director Weaver, talked to Jerry and I came away concluding that and I made him go get me some pictures and a drawing to see in fact what we were working with. What I discovered is, what I think that you already know, having read your minutes and that is, this is a monstrous non-conforming use. Which, I suspect that the Town of Brookston would like to see cleaned up. The problem with non-conforming uses under your Ordinance and under most Ordinances and the law is that there isn’t anything that you can do to them that extends them or that expands them, or I guess really for that matter makes them any better. They just have to fester and so the way to cure this one or at least to commence, to carry this one is to rezone this piece of property to the category that Mr. Halsema has asked about. That will clean up the non-conformity and that will then give him the ability to go in and do those things, which he would like to do. I think the Town would want done to make this non-conforming use to police up the area and to, bottom line is, to just clean it up. I looked at those pictures and what I know is this is about a 40 year old trailer park or maybe even more than that. What I know is that, those kinds of buildings have hardly any re-sale value.

One of my clients is in the, he hates it when I call it the trailer business, they are modular homes now, and I know what they do with the old ones they haul them to Wisinskis and they crush them into something about the size of a beer can to get rid of them because, they have no value. It’s the only way to make these things work so, on this particular thing we have, the choices that we have are not really very good at this point and that is to leave it along which, solves no ones purposes. The other solution is to have you recommend it down that this matter be rezoned and that would give Mr. Halsema the opportunity to get in there and bring in new pieces and get rid of some of the old stuff. I think on one corner, he said that there is one that is a 1960 that I think that the member from Brookston probably could identify from the pictures as quickly as anything else. So I’m going to be brief, it’s my considered judgement that you can help both the petitioner in this matter and the Town of Brookston by authorizing a rezoning to this piece of property as requested in the petition.

President Anderson asked, do any Commissioners have any questions?

Don Ward asked, is this to remain a mobile home park?

Joe Bumbleburg stated, yes.

President Anderson asked, does anyone else have any questions for them right now? Does anyone in the audience have any questions?

Jay Clawson asked, does he have to bring the existing trailers into setback requirements when we…

Director Weaver stated, we discussed that at the last meeting.

Jay Clawson asked, what kind of guarantees is the Town of Brookston going to get or we going to get by doing this. Sure, I would like to see it cleaned up too but…

Attorney Altman stated, if he puts a new one in yes, if he leaves it alone, not necessarily.

Jay Clawson asked, did he get the matter straightened up with the neighbor?

Director Weaver stated, I don’t know that anything has been done with that.

Joe Bumbleburg stated, he has an agreement with the neighbor of sorts, even in writing. It’s not the thing that Attorney Altman or I would loose out of our offices but it’s the kind of thing that they thought would regularize their relationship. So, there is some sort of an agreement between them but I think that Mr. Altman is absolutely correct, I think that any new unit that comes on to this area has to comply with the Ordinance.

President Anderson asked, but, not the old existing units?

Attorney Altman stated, they actually are there and they are allowed to be there because, of the non-conforming use of it but, obviously, there are a couple that may in fact, the neighbor and apparently, one on lot #6 that may in fact be not on the property line, or within the property boundaries. Both of those probably need to be remedied one way or the other and they both may be private matters rather than zoning matters.

Joe Bumbleburg stated, well, there are other things, I had a drawing that Director Weaver and I looked at the other day. It very well may be that we need to spend several hundreds of dollars worth of surveying just to make sure of where all of the setback lines really are and where the streets start and the right of ways and that sort of stuff. You don’t spend that kind of money on a non-conforming use, if you don’t have any abilities to make any changes in it.

President Anderson asked, do the Commissioners have any other questions?

Jay Clawson asked, Brookston has to see this at their meeting and they can ask for specific things since most of them are, other than asking a few questions that we ask, I don’t know what else that we can actually say about it.

Ramon Hardesty asked, is this trailer park already occupied by residences?

Joe Bumbleburg stated, yes.

Ramon Hardesty stated, that means that they will have to buy new trailers to be parked there?

Attorney Altman stated, the trailers are in fact owned, by the owner….

Joe Bumbleburg stated, yes, the trailers are owned by Mr. Halsema.

Ramon Hardesty asked, what is going to happen to them, to the residences now after…

Joe Bumbleburg stated, one of them is empty at this point, the rest of them the residences will stay there until we get better organized. There is no present intention to create any turmoil, their present intention is as soon as we can to bring this thing into the modern day screaming and kicking.

Ramon Hardesty asked, how much more of this is going to cost to residences.

President Anderson stated, he would raise the rent, not us.

Joe Bumbleburg stated, yes, and I’m not sure that’s a durmane question to the issue of land use.

Jay Clawson asked, by rezoning this, they can’t add to the density of what they already have there right?

Joe Bumbleburg stated, we can’t reflect on this by the Ordinance, the Ordinance says, if you do the division 8 units but, I looked at the drawing and I don’t think that you can get 8 units on here and meet the setbacks and that sort of stuff. I suspect….

Director Weaver stated, and the parking.

Joe Bumbleburg stated, and the parking yes, that’s right. So, I suspect that if you have 7 on here that would be probably the load limit and that’s what I say getting a survey, it may be measuring this out, is going to be the only way that we will really tell for sure but, I don’t think that you can get 8 on there.

Director Weaver stated, but, as our space requirement, I think that it’s 7 or 8 when you calculate it because, we did figure out. We have approximate dimensions, we didn’t have exact dimensions but, going from the survey that was presented from the adjacent property owner, we went by those dimensions on those lots and I think that we calculated that there could be 7 or 8 but, with meeting our setbacks and parking requirements, it’s really not feasible.

President Anderson stated, I say that we go ahead and vote.

With no further discussion the Board voted.

The results of the vote were as follows: 8 affirmative and 0 negative. This will be presented to Town of Brookston for their action.

Attorney Altman stated, we certify that to them, we’re never exactly sure when they will in fact table it up but, it’s usually however, it’s at their next meeting after they receive it. They have the final say, if you’re interested you should go there and find out when they are going to hear it.

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#749 Fred H. Jr. & Shirley Boessel; Requesting to rezone from B-2 to L-1 on the North 160’ of lot #1 in Boessel Subdivision. The property is located in Monon Township at 6464 N. Bedford Bay Court. Tabled from April 9, 2001.

President Anderson asked, do we have anyone representing this request?

Fred Boessel was present to represent this request.

President Anderson asked, do the Commissioners have any questions? Do you have anything to state at all?

Fred Boessel stated, no.

President Anderson asked, are there any questions in the audience?

Don Ward asked, both businesses have ended right?

Fred Boessel stated, right.

President Anderson stated, if we don’t have any questions I say that we go ahead and vote.

Attorney Altman stated, this is the part of the lot that wasn’t zoned L-1, is what this is all about. This obviously, in that possibility and he just said that he’s ended it already, I think.

With no further discussion the Board voted.

The results of the vote were as follows: 8 affirmative and 0 negative. This will be presented to County Commissioners for their action.

Attorney Altman stated, that’s at 8:30, next Monday morning right Director Weaver?

Director Weaver stated, yes.

Attorney Altman stated, right here, that’s in the morning right here, they have the final answer, the final decision on this.

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#754 Brian & Lorene Furrer; Requesting to rezone from A-1 to I-2 on 22.026 Acres. The property is located in Honey Creek Township on the Southeast corner of C.R. 100 N. and C.R. 100 W.

President Anderson asked, do we have anyone representing this request?

Brian Furrer stated, I have with me Lyle Bowling from Soil Solutions Company. I think that each one of you should have received a letter outlining briefly what we would like to do. I was approached last fall by Lyle’s company Soil Solutions, indicating that they were interested in building a compost area and a bagging plant in our area. We are currently on our farm composting our cattle manure, we have been involved with that somewhat, and I indicated to them that I would be very interested in being involved with them and that brings us to this point. I will let Lyle, we have a drawing, Exhibit A, outlining what we would like to do and I would also state that we have contacted every, adjacent landowner and explained to them what we plan to do. We have also been in contact with our Township Trustee, we have been in contact with the Reynolds Town Board, we have met with all of these people, we have explained to them what we intend to do and we have not met with the, we have really not met with any opposition in regards to what we want to do. So, Lyle knows more about the details, if you have questions, I would like for you to direct those questions to Lyle.

Lyle Bowling stated, our company sells solutions; it’s involved in making products for the bag market as well as bulk products. Most of the homeowners buying products like topsoil, the cattle manure, specialty products that would be going into green houses. Our feedstocks coming in would be, of course, would be the cattle manure. One of the things that attracted us to that particular site, as well as it's fairly centrally located for bringing in different types of paper waste and we’re not talking about loose paper waste, we’re talking about basically wet refined products coming from paper mills and that type of thing. Also looking at recycled paper that’s been spent already in other words, wet paper and we have a contract with Eli-Lilly that produces fermentation by products and it’s a high nitrogen that is used for fertilizer. Currently, because it has the high nitrogen, it works well with paper and carbon sources such as sawdust. So basically, bringing those products into that site to process is what we’re requesting the variance for. The site will be approximately 7 acres in size as far as the composting area itself. We will also be looking at putting up a bagging building, office building, we have included a collection area for run off so, it will be contained within the site. We have a site going, if you’re interested in looking at it now.

Attorney Altman stated, that sounds like a good idea.

Lyle Bowling stated, basically, this is on Furrer Farm a mile North of Reynolds, you can see County Road 100 North here and 100 West over here. This is the compost site here the bagging plant over here this is the site for the run off control pond and this is some proposed cattle lots that Brian would be putting in as well.

Ron Pollock asked, how many acres is that?

Lyle Bowling stated, the actual compost site would be about 7 acres and the pond would be about 4 acres. The bagging site could vary 2 to 3 acres depending on how much area we would need for finished product, already in bags.

David Rosenbarger asked, how far from the road will the compost site actually be?

Lyle Bowling stated, it’s fairly lined up next to the road, we have buffer area there that is going to have some trees planted so, we would probably be in possibly 100’ from the road.

Brian Furrer stated, the piles will be.

President Anderson asked, how tall will that be?

Lyle Bowling stated, how tall will the piles be? Depending on what size of turner we use one of the most efficient pile size is between 7’ and 9’ tall, that would be the size.

President Anderson asked, is it motored all of the way up around that? How is it maintained?

Lyle Bowling stated, the compost itself will be, the materials are brought together and then you blend them.

President Anderson asked, as far as a structure to hold that. Is there a structure?

Lyle Bowling stated, no, there’s not structure, they would be in open windrows and the only structures would be, it would be the finished product for screening, bagging specifically.

President Anderson asked, do you have some type of a drainage going into the farm?

Lyle Bowling stated, yes, this will all be draining into a collection pond, this is one thing that IDEM doesn’t necessarily request. Weed composting sites, for an example, control drainage that we would probably fall underneath another ruling that basically, they would want to make sure that there is a pervious base for our composting site and then everything would have drain into that collection area.

President Anderson asked, what kinds of material do they use besides leafs?

Lyle Bowling stated, we could use leaves, most of them would be byproducts.

Jay Clawson asked, is the pond lined?

Lyle Bowling stated, the pond would have to be lined, it would have to be sealed. We are looking at doing a lime stabilization process, the top 2’ to 3’ of the soil so that we can have a really good base. One of the owners of Soil Solutions Company is also one of the larger contractors road builders here in Indiana. He maintains the company that does lime stabilization for road basis and those types of things so it’s a process that is well accepted as far as providing a good seal. The engineering specifications would all have to be approved by IDEM and met their specifications before that site would be approved but, before we go to the next step and file our permits and do everything that we have to have a site plan, we can specify.

President Anderson asked, the fluid that goes into the pond, what is done with that then later?

Lyle Bowling stated, evaporation will take care of some of it, some of it we will use back on a compost pile when they get dry. It takes a certain balance of moisture to make everything work right, we hope that we don’t get a big flood, if we do we will have to contain it and will probably have to use some type of spray arrogation, if we have a large amount of water running into the pit.

President Anderson asked, do the Commissioners have any other questions?

Jay Clawson asked, the paper products that are going to be used on there, like you say in that area it’s open, there is a lot of wind that’s not a common thing that is going to dry out and start blowing and causing problems for other farms and some of these are going to be…

Lyle Bowling stated, we’re not using anything like loose paper or anything like that. All of the products have already been processed once.

President Anderson asked, how often is that turned? Is that turned daily?

Lyle Bowling stated, that depends upon, what you want to do when you figure….

President Anderson stated, but, it stays moist the whole time?

Lyle Bowling stated, you have to have a moisture balance as well as carbon nitrogen balance. Basically, you’re trying to grow micros in there that creates heat, destroys odors and breaks down material. So when this break down this, digestion occurs, you want to go for a certain period of time at a certain temperature so you don’t turn it more often than you need to. To get it cooled off or reactivated, we’re looking at a period of approximately 21 days at a certain temperature before it will have to start cooling down and by that time we should have a retailitavely finished compost and it doesn’t need to be turned as often then.

Attorney Altman asked, you plant like this is in existence some place?

Lyle Bowling stated, the only place that we’re doing composting now, I work for the City of Forte Wayne as a consultant and we do composting there on that site. It’s a yard waste site and also used Eli-Lilly material composted for Purdue University and we’re right off the end of the Purdue runway less than a quarter of a mile from the closest facility. They’re not to far off of campus so, they watch this. Daily orders are one thing that we just can’t allow to happen there or we would be asked to leave.

Attorney Altman stated, that’s the same thing, Forte Wayne you’re near residential….

Lyle Bowling stated, there is residential on two sides.

Attorney Altman asked, the odors, smell or gasses are no problems and have raised no issues?

Lyle Bowling stated, in the last 5 years we have only had one odor complaint at the City of Forte Wayne and we have not had any yet at Purdue.

President Anderson asked, some composting is there for several years. He lives not too far from the site that you compost in, don’t you?

Brian Furrer stated, right, we’re composting our cattle manure basically, in this same area. Another thing that I would say is, one reason, this was a convenient location we went, we actually drove around one day and looked at what we thought would be potential sites but, as we got farther out in the country, we recognized more state roads and it was also impacting other people. When we picked this site, it was not only convenient, it is only a mile off of 2 different highways, it’s a mile off of U.S. Highway 421 and it’s a mile off of U.S. Highway 24. It is our intent to bring traffic in off of U.S. Highway 421, which that would bring all of the traffic past my house and only my house after up the highway. Also, once you pass my house to go another mile before you get anyone else that is Northeast of where we’re wanting to compost. So, any negative impact that would be associated with us would come back to us, to us first and greater than anyone else. We’re currently composting our cattle manure.

Attorney Altman asked, are you bagging it also like you wanted here?

Brian Furrer stated, no, not currently. That was my goal originally, I didn’t have near of a large of enough operation to bag, and I could not be efficient. I couldn’t do it and this is where these guys pulled in and said we would like build a bagging plant. That so there were a lot of things that fit really nice for us and that’s the reason that we decided to pursue it.

Director Weaver asked, the composting piles you have now, they are not located on this property that you’re requesting to rezone, is that right?

Brian Furrer stated, that is correct, they are part of this….

Director Weaver stated, they are farther back from the area that you’re rezoning?

Brian Furrer stated, they are actually, back where we were ready to construct our cattle lots.

Attorney Altman asked, they are on the 22 acres?

Brian Furrer stated, this whole area is about a 50 acre field and IDEM has given us permission to build these cattle lots and they have also required filter strips and several things. So we intend to, we really intended to put just whatever we don’t use out of this into filter strips and pasture.

Attorney Altman asked, but, you’re only asking to rezone 22 acres?

Brian Furrer stated, that’s correct.

Director Weaver asked, are those composting piles going to remain after this starts up or are they going to be done away with I mean as part, they are going to be included in this project eventually?

Brian Furrer stated, yes, we want to include them into that, one thing that IDEM requested was that we enhance our own compost area and this would solve that problem for us to get more compacted material. I don’t know if you fully understood that but, what Lyle was saying is that the compost area that they would build would be a minimum of 24” thick of a compacted impervious material. He used the term lime stabilization, which means that you bring other products and till it in, then we would come in, and compact it and the pond would be laid the same way. There would be no run off of that, all of the run off of the compost area would be collected, and there would be no run off from the compost area into the filter area or into the streams.

Director Weaver asked, so it won’t affect that ditch that’s right there?

Brian Furrer stated, no.

President Anderson asked, do we have anyone in the audience with any questions about this request?

Dirk Fleck stated, I’m accompanied by my father Dean Fleck I have talked to Brian just a little bit about it as well as a couple of Board members and neighbors. We came here mainly to get informed about what was going on as we live, I should say that I live as close to the composting site as what Brian does. Our only request to the Board is that if it is rezoned I-2 that it have restriction with it, for the sole purpose not being open ended so, we would like for the Board to consider that please.

Attorney Altman asked, so what you’re asking is for a formal commitment be entered in for this use as they are outlining tonight?

Dirk Fleck stated, that would be my request and again, I have talked to a couple of Board members as well as Brian and they don’t see any problem with that.

Attorney Altman stated, that’s well within the law allowing to do that and if they, that’s the Boards pleasure and theirs, I would be glad to review your attorneys commitment. We could have it so, that this would be used.

Dirk Fleck stated, that would be our preference yes. Thank you.

President Anderson asked, does the Board have any more questions?

Greg Bossaer stated, I would agree with that too, we have talked, I believe that if it ‘s rezoned that it would be restricted to only this operation.

Attorney Altman stated, I-2 is pretty broad and can get things in there that wouldn’t be maybe so obnoxious as this is.

Greg Bossaer stated, it’s also our understanding that they will work with IDEM and….

Lyle Bowling stated, everything that we’re doing here will be IDEM complaint. Currently, different products, different composting techniques require different permitting from IDEM. Currently, I’m a registered compositor with IDEM and that allows us to compost from IDEM’s prospective. Any yard waste type products, which, would be any, trees any leaves and anything like that. Also, we are composting cattle manure, which falls, under our manure management plan with IDEM for our agricultural use there. Then, we’re currently composting our own dead animals, which also fall under management use and in the compost area.

President Anderson asked, are you using sawdust?

Lyle Bowling stated, we’re using sawdust, yes.

President Anderson asked, the state is doing that?

Lyle Bowling stated, they are trying to. We currently have a contract, which enables us to bring in about 200 cubic yards of sawdust per week.

President Anderson asked, is that hardwood sawdust?

Lyle Bowling stated, yes.

President Anderson asked, it doesn’t matter which type of a hard wood or is one better than the other or it’s all of them?

Lyle Bowling stated, saw dust is sawdust.

Attorney Altman stated, so as far as a commitment that sounds like something that would be consistent.

Brian Furrer stated, we had discussed that and I think that it would be wise planning on your side to do that and we have no problems, we’re not buying the property to resale it to some industrial use. We just want to use it for composting.

Attorney Altman stated, the simplest way for this to happen is if you would have this drawn up and if you don’t use an attorney, if you would want to and you may have it here in this at least the guts of it in this letter that you’re talking about here, if you want to do that I would be glad to then review it and make sure that it does fully what Mr. Fleck wants it to do. The way that it is reflecting it to a confinement is what you’re saying today or this evening, so that it does restrict it that way and then we can have that.

President Anderson stated, we can go ahead and sign this though, contingent on….

Attorney Altman state, yes.

Director Weaver stated, but, it does not go on to the County Commissioners until this commitment is…

Attorney Altman stated, certainly, before the Commissioners vote….

Director Weaver stated, the Commissioners next meeting is Monday and they meet again in 2 weeks.

Brian Furrer asked, that’s our responsibility?

Attorney Altman stated, yes, it would be and we would be glad to work with you and review it so that I can tell the Commissioners that it approvalable and I would be happy to do that. It’s not a secret thing, the form is a form and I would be in fact glad to give you a copy of that and then what you do is you hang in things on it, it’s an would limit that you hang these restrictions on it and we can get that with no problem on Monday.

Brian Furrer stated, as far as us having the restrictive uses that we’re asking, we have no problem with that.

Attorney Altman stated, so if you want to get a hold of me like tomorrow or that sort of thing, then we’re ready to roll. I would like a copy of that too to add to this.

Director Weaver asked, the commitment once that it’s in place it will be drawn and we will forward that on to the County Commissioners along with the Ordinance so, at the time that they are looking at your rezoning they will also have that commitment.

President Anderson asked, does anyone else have any questions about this request at all? If not I say let's go ahead and vote.

Greg Bossaer asked, should we put that on there?

Attorney Altman stated, I sure would.

Jay Clawson asked, subject to use commitment?

Attorney Altman stated, yes, subject to use commitment.

With no further discussion the Board voted.

The results of the vote were as follows: 8 affirmative and 0 negative. This will be presented to County Commissioners for their action.

Attorney Altman stated, again subject to having a commitment confining the use in an I-2 to the use that is set forth tonight in the hearing. Again, forwarded to the County Commissioners Monday morning 8:30 right here.

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#755 David L. Flora; Requesting to rezone from B-2 to I-1 on 17.00 Acres. The property is located in Big Creek Township at 5372 S. State Road 43.

President Anderson asked, do we have anyone representing this request?

David Flora stated, I have ran a veterinary business in Chalmers for 50 some years, I have been running a paper recycling operation down there this is the 6th year. It hasn’t been too pretty to look at some days but, we’re doing our best to control it and we’re doing our best to getting our paper to stop blowing. We have had trouble getting any permission from the State to put a burm in to get rid of newspaper as we use it, as we find it but, when you have cardboard that is mixed with it the newspapers it gets away from us and we have to go out along the road and pick them up. We have done a pretty fair job of doing that, just when there is a lot of wind it tends to get a way from you but, if we can put our newspapers that come into into a special container then we can burn them, we have a burner down there now, we can’t use it yet but, we have it in there now for the State to approve. They should be on it within a couple of weeks.

President Anderson asked, does anyone have any questions?

Director Weaver asked, I have one question that I just want so the Board knows what is exactly what is on this property. Is there still a veterinary clinic on the property as well?

David Flora stated, the building is still there but, we don’t do a veterinary business out of there anymore.

President Anderson asked, does anyone in the audience have any questions about this request?

John Raines asked, where the veterinary clinic was at Doc, is where I came to that day that I brought the letter over to you?

David Flora stated, yes.

John Raines asked, are you going to use that as part of the industrial part or are you still going got keep that business in there?

David Flora stated, I just keep the office there, it’s easier to keep it there than anything. If I’m there everyday I can help keep track of what’s going on.

John Raines asked, okay because, I don’t think that if you go industrial, that would be a conflict I believe, would it not? It’s zoned business now because, that’s what was there and that’s what he is using it for and now if we go industrial all of the way, will that still be in compliance then?

David Rosenbarger asked, well the office is just used for this business though isn’t it?

Director Weaver stated, well, that’s what I’m not sure of.

John Raines stated, no, I don’t think that office is used for the business of the paper.

David Flora stated, yes, it is.

John Raines stated, that’s why they told me to go back to the other building, the office is back there.

David Flora stated, there are two offices there. I’m the main office so we can keep track of what is going on , keep track of what is coming in and keep the junk out the best that we can. People come in there with a lot of paper that they would like for us to recycle for them, it’s not something that you do just because you want to. It isn’t profitable sometimes to do it but, you do it to help take care of your neighbors. If we could control our paper so it doesn’t get away from us then we can control the blowing of the paper. We can do that if they allow us to burn it, we are going to do that within a couple of weeks.

John Raines stated, that was the other thing, was all of the complaints that I have personally had thus far has been on everything that has blown off of the property it’s into the fields and along the highway and I have been over and talked to them a couple of times about getting that clean up and my only thought was that possibly a fence or something more around there would help rectify that.

David Flora stated, we will do that but, also to get a permit to burn that stuff so that it doesn’t get away from us.

John Raines stated, I’ve seen that burner that you called me about.

David Flora stated, yes, it’s a very usable burner.

President Anderson asked, you do not want to burn every bit of paper that is there?

Dave Flora stated, no we just want to burn loose paper because, after it gets loose from us and blows out in the field, along the fence rows and across the road it’s worthless paper it’s wet paper that you can’t even do anything with. You can’t even bail it and control it you can’t sell it you can’t do anything with it so, we had to get that stuff bailed the best that we can and take it to landfills and if we take that to Lafayette it costs about 45 dollars a ton besides to get rid of it.

President Anderson asked, to burn this then you have to use, is it propane that you use to burn it? how does the burner….

David Flora asked, how does it work?

President Anderson stated, yes.

David Flora stated, we use propane and we also use fuel oil to get it started, if it burns, it will burn up…

President Anderson stated, but, once that it’s started it’s pretty much self-contained then?

David Flora stated, it’s a real hot fire that burner has to be up about 10’ to 12’ across now and you put two bails of paper in there and it will burn it clear up in 2 hours.

President Anderson asked, do you pipe that in your house then?

David Flora stated, no, I will never do that.

President Anderson asked, do the Commissioners have any other questions? Does anyone else have any questions? Have we received anything on this?

Director Weaver stated, no, we have not received anything on this but, I just have question for John Raines. Are you requesting that you make this conditional that we put a fence up around this property?

John Raines stated, yes, I would.

Director Weaver asked, is that what you’re wanting done?

John Raines stated, yes.

Director Weaver stated, I thought so but, I didn’t think that you came out and said that.

Attorney Altman asked, you would have no trouble about putting a fence up would you?

David Flora stated, no trouble at all.

Attorney Altman stated, put that down and make it a commitment to do that.

David Flora stated, there’s nothing to it we need to do that.

President Anderson stated, we would need to have that in wiring too.

David Flora stated, we will do that. When do you need it?

Attorney Altman stated, if you want it voted on next Monday, we need it before next Monday.

Jay Clawson asked, what kind of specifications do you set up for a fence?

Attorney Altman asked, how big can it be there Director Weaver?

A Board member asked, how high?

Director Weaver stated, if they go, they can put up as tall as an 8’ fence if they can meet the same setbacks as the building is required, it would be 100’ so if they place the fence 100’ back from the road right-of-way then they can go an 8’, solid fence.

Attorney Altman asked, but, if they don’t do that….

Director Weaver stated, if they don’t then the Ordinance requires a 4’, 50 percent solid.

President Anderson asked, how far back is the office?

David Flora stated, about 160’.

Jay Clawson asked, do you want to keep most of the business back away from the road?

David Flora stated, yes.

Jay Clawson asked, you don’t want to extend it all of the way up to the…

David Flora stated, no, we thought about putting a fence, I can’t show you but, I can only tell you. What we want to do is, to fix it up so that everything that blows there blows from West to East, it doesn’t blow any way else. We don’t ever have any wind out of that direction but, everything has to be from West to East there. So, what we want to do is, bring our West fence from our Northwest corner, angle it down where the farm ground is and then take it down to a corner down where the cars are parked next to the road and if we can’t put it down there, I would like to make it a pocket down there but, I will do what you guys want me to.

Attorney Altman stated, I think if we put a commitment that they put a fence on there that would restrict the paper blowing like what Dr. Flora is talking about, that would be sufficient and then they would just have to comply with the ordinance.

President Anderson stated, if there are no other questions, let's vote.

Don Ward asked, do we want to put a condition on here?

Attorney Altman stated, I would.

With no further discussion the Board voted.

The results of the vote were as follows: 8 affirmative and 0 negative. This will be presented to County Commissioners for their action.

Attorney Altman stated, contingent upon the fence being put around the property and the restriction of the blowing of paper subject to the requirements of the Zoning Ordinance.

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#756 Ramon B. & Jane F. Hardesty; Requesting to rezone from I-1 to R-2 on lot #39 in the Industrial Addition. The property is located in the City of Monticello at 502 Easy Street.

President Anderson asked, do we have anyone representing this request?

Ramon Hardesty stated, I own the property and I have a residence beside me, 3 houses beside me that is zoned for residential, 4 behind me that is zoned for residential and the property on my right is zoned for residential. My property is 50’ x 150’.

President Anderson asked, do the Commissioners have any questions about this request?

Director Weaver stated, to the best of my knowledge this property came under our Ordinance as I-1 zoning and it’s a residential area. To the South is the N.I.P.S.CO. substation but, everything else is residential and we have rezoned several of these lots.

Jay Clawson stated, we have rezoned 4 or 5 of these in the last 3 or 4 years, hopefully there won’t be many more of these lots to come if we can get everyone in there that wants to do it and get them all in on night.

President Anderson asked does anyone in the audience have any questions about this request? If not I say let’s go ahead and vote.

With no further discussion the Board voted.

The results of the vote were as follows: 8 affirmative and 0 negative. This will be presented to City Council for their action.

Attorney Altman stated, that’s next Monday isn’t’ it?

Jay Clawson stated, yes, 7:00.

Attorney Altman stated, 7:00, they have the final say on it.

Ramon Hardesty stated, I understand.

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#248 Nichols Farms Inc.; Requesting secondary approval of a 39 lot subdivision to be known as Deer Run Estates on 26.560 Acres. The property is located in Union Township on the East side of C.R. 300 E., approximately ¼ of a mile North of C.R. 225 N.

President Anderson asked, do we have anyone representing this request?

Cindy Lear and John Nichols were present to represent this request.

President Anderson asked, do the Commissioners have any questions about this request? Are there any improvements to be made?

Director Weaver stated, they have done some of the improvements as you can see in the pictures. They have already gone in and done some stone for the cul-de-sac that is there, they have done some drainage work and I think that there is additional drainage work to be done. They still need to chip and seal the roadway and they have given us a letter for the estimate of the cost of the additional improvements that are to be made. I have not really had a chance to look at that, we just received it today and Attorney Altman is looking at it right now. They do have their drainage approval.

Attorney Altman stated, in essence, what they, it really doesn’t meet the standards of the Subdivision Control Ordinance as of right now other than the improvements.

Director Weaver stated, the improvements are not in yet.

Attorney Altman stated, obviously, then before they, it’s then ready to be approved by the Board subject to them either putting the improvements in before they can sell anything, or bond. So, it’s ready now to vote on tonight and then they have to get the bond or have a letter of credit or put it in, they are obviously are not going to put it in before then so, they can get us a letter of credit or bond to take care of that so it’s ready to go right now as far as us voting.

There was discussion among the Board members.

Attorney Altman stated, they have drainage and utility easements on here.

Director Weaver stated, the thing that the plat does not show and I questioned this and Cindy and I have talked about this and I think that we’re going to have them revise it, they do not show the retention pond.

Attorney Altman stated, it should be on there, the retention ponds and the access to it, the drainage to it. Surface pond and tiled…

Director Weaver stated, it’s an open ditch.

Cindy Lear stated, it’s there yes it’s open ditch, all of that is there, its just that pond isn’t there.

Attorney Altman stated, we need to have the ponds put on there.

Cindy Lear stated, Jim said that he would do that.

Director Weaver stated, they have already discussed it with him, he is aware that needs to be changed.

Attorney Altman stated, just tell him to get that on there and then it’s ready to go and also get the letter of credit.

John Nichols stated, the letter of credit is in the process.

Director Weaver stated, this is secondary, this had primary approval last year. They have been working on getting the improvements in since then.

Jay Clawson asked, until they get all of there improvements done, you’re not going to issue any building permits is that right?

Attorney Altman stated, that’s right.

Director Weaver stated, unless we have a letter of credit.

Cindy Lear stated, John has a letter of credit almost ready and I will have it to you shortly.

Attorney Altman stated, yes, we always do it when the letter of credit is ready.

Jay Clawson stated, you’re still in trouble with the one still up there that is still not finished on Fisher Street.

Director Weaver stated, I don’t know that we’re in trouble on that one because, we had a letter from the engineer.

Attorney Altman stated, I will certainly put on the retention pond be shown and the letter of credit.

With no further discussion the Board voted.

The Secondary Approval request for a subdivision to be known as Deer Run Estates located in Union Township, was approved by a vote of 8 to 0, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met, primary approval has been granted and the Subdivision is in compliance.

Attorney Altman stated, subject to the retention pond being shown on the plat and a letter of credit for the improvements that are not going to be installed before the recording of the plat.

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#258 Marvin Johns; Requesting secondary approval of a 1 lot subdivision to be known as Johns Subdivision on 1.550 Acres. The property is located in Liberty Township on the South side of State Road 16, just West of C.R. 700 E.

President Anderson asked, is there anyone here representing this request? I don’t see anyone. I would say that this is tabled.

Attorney Altman stated, this is tabled.

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#260 Lowell, Donald & Glen Stockment, Owners; Robert Wrede, Applicant; Requesting approval of a 10 lot subdivision to be known as Ten High Acres – Part 2 on 10.000 Acres. The property is located in Honey Creek Township on the Northwest corner of C.R. 225 N. and C.R. 300 E. Tabled from April 9, 2001.

President Anderson asked, do we have anyone here representing this request?

Bob Wrede was present to represent this request.

President Anderson asked, are all of the improvements on there?

Attorney Altman asked, the easements are on it, the roadway is on it, the setbacks there, Director Weaver, does it meet the standards of the Subdivision Control Ordinance?

Director Weaver stated, yes.

President Anderson asked, the roads and everything are all in.

Bob Wrede stated, it’s an existing road, there will be no new roads.

Attorney Altman stated, you have primary in front of you.

With no further discussion the Board voted.

The Primary Approval Request for a 10-lot subdivision to be known as Ten High Acres located in Honey Creek Township, was approved by a vote of 8 to 0, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met.

Attorney Altman stated, is this ready for a secondary ballot?

Director Weaver stated, no it is not.

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#261 Richard Wilken; Requesting secondary approval of a 5 lot subdivision to be known as Russow’s Ridge on 3.099 Acres. The property is located in Union Township on the South side of Norway Road, East of the golf course.

President Anderson asked, do we have anyone representing this request?

Richard Wilken stated, we have gone through the others and the drainage thing and this is just the final.

Attorney Altman asked, are there any improvements on this subdivision Director Weaver?

Director Weaver stated, yes, I think that its just drainage because, it’s on an existing road and the drainage is all that is going to need to be done.

Attorney Altman asked, so they are going to have to have a bond for that?

Director Weaver stated, yes.

Attorney Altman stated, you need to get an engineers certificate that it takes 384 dollars or 3,084 dollars and then a letter of credit and then you can get it, it’s contingent upon getting an engineers certificate out of the improvement the dollar amount and a letter of credit.

With no further discussion the Board voted.

The Secondary Approval request for a subdivision to be known as Russow’s Ridge located in Union Township, was approved by a vote of 8 to 0, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met, primary approval has been granted and the Subdivision is in compliance.

Attorney Altman stated, subject to the improvement cost estimate and the letter of credit.

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President Anderson asked, do we have any business to discuss?

Director Weaver stated, I was just going to let the Board know that I gave Attorney Altman a letter tonight and I’m turning over a matter to him. We have couple of properties, one in Monon and one in Monticello, Gutwein properties and the one here is Indiana Beach, Poncies, they are parking boats on the property. I’m turning these matters over to Attorney Altman to pursue because, we have sent out several letters in the past to these businesses and therefore I have turned it over to Attorney Altman to take car of it from this point on. The lawsuit that we had, I don’t know that I told you about it last month, we had a hearing with Dino Antionelli for a having junk vehicles and running a business on his property, we won our case and he has conditions and he is on probation for 1 year. He is limited to how many vehicles that he can have outside of the garage on the property and I feel like we were victorious on that.

Jay Clawson asked, is there any other business?

Director Weaver stated, the building inspector just so that you are aware takes effect Thursday, he will be official.

Jay Clawson asked, did he get everyone’s okay?

Director Weaver stated, not the towns, right now he is only going to be working in the county the towns still have the resolution that they have to sign before he can take effect.

Jay Clawson stated, we seen a rough draft and they are suppose to get us a final copy of that.

Director Weaver stated, he is working on it but, none of them are finalized. That’s all that I have.

Ron Pollock made a motion to adjourn.

Jay Clawson seconded the motion.

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The meeting adjourned.

Respectfully submitted,

Donald W. Ward, Secretary

White County Area Plan Commission

Diann Weaver, Director

White County Area Plan Commission