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The White County Area Plan Commission met Monday, March 14, 2005, at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Jay Clawson, Gary Barbour, Charles Anderson, David Scott, Charles Mellon, Don Ward, Gregory Bossaer, Dennis Sterrett. Also attending were Attorney Altman and Director Weaver.

Visitors Attending were: Terry Beasy, Cathy Klopfenstein, Doug Kammerer, Peg Kammerer, Troy Sherrick, Les Brady, Troy Hoffman, Chuck Jacobsma, Ed McCall, Evelyn McCall, Eleanor VanLeewen, Ross Fischer, Terri Conwell, Greg Conwell, Wallace Neal, Kathleen Neal, Barbara Lawson, Harold Lawson, Floyd England, Chris Layer, Leilani Layer, Clay Watson, Sharon Watson, Andy Harmon, Don Pauken, Doug Shaffer, Terri Raines, Rodger Bertram, John Raines, Mick Berkshire, Mike Sales, Christine Shaffer, Greg Lawson, Dianna Lawson, Tom Bryja (Material Service), Rich McElfresh (Material Service), Andy Worrell (Material Service), Larry R. ?, Susan Case, Phil Turpin, Alex Cosgray, Greg Stigers, Nick Beasy, Dan Patterson, Ronald Stanley, Becky King, Leo King, Rick Sweet, Tim L. Segal, Jr., Shelly Beasy, Jim Milligan, John Heimlich, Dave Allen, Doris Parsley, Asa Parsley, Jack Landrum, and Walter Hough.

The meeting was called to order by President Charles Anderson and roll call was taken. Don Ward made a motion to dispense with reading and approve the minutes of the February 14, 2005 meeting. Motion was seconded by Charles Mellon and carried unanimously.

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#872 Jennifer Chinino, Owner; Mike Sales, Applicant; The property is located on part of Lot

34 and part of Lot 35 in the Original Plat, containing 2291.2 square feet, in the City of Monticello at 105 S. Main Street. Tabled from the February 14, 2005 meeting.

Violation: Operating an arcade without being properly zoned.

Request: They are requesting to rezone from B-1 to B-2.

President Charles Anderson asked, is there anyone here representing this request?

Mike Sales stated, I’m Mike Sales.

President Charles Anderson asked, do any of the Commissioners have any questions? I’m going to keep Mike up here. We have people here that have questions about this request. We had quite

a few questions, if someone could come forward and state all of the problems you think we have with this. One or two of you, we do not need to hear the same thing over and over again if we don’t have to. So whoever comes forward if you could get everything down. Anything new to add to it, then we will listen to that as well. Does anyone want to come forwards?

Brad Woolley stated, I’m Brad Woolley. I’m one of the owners of the property on the corner of Pampel and Associates and then my law practice. The problem that I have is we have a sprinkler system that is in this building. I can not get access to this property, if we are going to have more electric equipment, and zone it for a business I need to be able to get in there and get the sprinkling system functioning. We’ve got a 35’ piece of pipe and at the last meeting I asked if we could get in there and I still haven’t been able to get in there yet. Now if they are not open until 4:00 my service guys do not work at night, they work during the day. I’ve made a simple request 4 times to try to get in and I can not get in. If I’m not going to get that type of cooperation, I think the rest of us in the buildings along this property, we don’t want someone in there that is creating more of a fire hazard than what we already have. So if they are going to bring in that type of equipment and things I think they need to try and work with us as a concourse to try to let us get this stuff fixed.

President Charles Anderson asked, do you want to respond to that?

Mike Sales stated, yes, I talked to Brad a week ago on this and I told him I was going on vacation the last week and that I would get in contact with Jennifer who has to give written permission to get into the building to do the work. I have no problem what so ever with them getting in there and fixing it. I told Brad that at that time, so….

President Charles Anderson asked, do you have other concerns?

Brad Woolley stated, I think basically the other concerns that everybody has are just the ones that you heard the last time. Those are…

President Charles Anderson stated, go ahead and refresh everyone’s memory on those.

Brad Woolley stated, all right. It is creating an increase of traffic flow. I was in there last Saturday night, during the movie. The kids were skateboarding through the place, if that is a legal issue or something for the police. I’m sorry it wasn’t there before hand and it is there now.

President Charles Anderson stated, that really is not an issue that we can deal with.

Brad Woolley stated, that is what you said the last time, you wanted me to refresh your memory that is one of them. Another issue was I think over all safety is what everyone was talking about and you made it clear the last time that is something different. My thing is if you going to rezone this, we have a common central sewer system through there and I raised the point if you are going to rezone this for a business, a restaurant that is, my fear is that if they start dumping stuff through that line we will have the sewer system back up again. Basically Godlove’s will be out again at $195 a whack. That is something that I brought up and I think that everyone else is concerned about safety issues, the kids running around and things like that.

President Charles Anderson stated, one question that I’ve got, do you guys actually own this or does the City of Monticello still own these.

Brad Woolley stated, we would love for the City to say that they own it. Then I would give you a bill.

President Charles Anderson asked, do you have to continue to pay.

Brad Woolley stated, no we own the buildings. There is a common area that the city has refused to take over responsibility but we are on it.

President Charles Anderson stated, you mean the commons area…

Brad Woolley stated, the common area in the back area, that area the city says that we all own but we don’t have the deed to it

Don Ward asked, what about the trash that you mentioned last time?

Brad Woolley stated, well apparently a new development today the city has said the dumpsters that are in the back area they have to be 10’ away from the building which means now we have to move the dumpsters that are currently located somewhere else. I don’t know, we are still trying to figure that out. As far as that goes everybody pays like $25 a month and we all share a dumpster back there. That would be something, if there is increase trash flow, food waste, it would have to be dumped twice and Mike and I have discussed that in the past if they started to stink we just had them dumped twice a week.

Mike Sales stated, Mike Sales again. On the sewer thing I feel the city is really approached that problem that they are out of the floor. You actually have someone a city engineer inspecting the buildings, the restaurant before I know for a fact that it wasn’t up to code. The way it should have been, and I don’t think you will have that much problem with someone who is actually in charge of what restaurants are doing, instead of having an inspector come in after they are already to go.

President Charles Anderson asked, when did you purchase the property?

Mike Sales stated, I’m leasing the property.

President Charles Anderson asked, from?

Mike Sales stated, Jennifer Chinos.

President Charles Anderson asked, are there any other questions from the board?

Christine Shaffer stated, I’m Christine Shaffer. I have the Hallmark store next door and I guess my question is, we are seeing and increase amount of patronage into this. My questions is with an entertainment type of business that he is running that attracts children, is there not an occupancy limit or is there not something because we have a bunch of minors that there has to be a ratio of supervision or adults.

President Charles Anderson stated, that doesn’t have anything to do with out board. That would be more of a fire marshal. As far as the business itself without the pizza in there, you are still attracting more and more people and that could still stay as.

Director Weaver stated, that is what Attorney Altman just asked me. In the past we have treated an arcade that it needed to be in a B-2 zoning. Really the arcade is not zoned properly either.

Eleanor VanLeewen stated, I’m Eleanor VanLeewen. I’m the one that wrote that letter. This is the second letter to you. I have been in business here in Monticello for about 27 years. I had bought my building there and have always had a parking problem. We have always, I have had to load my boxes and go across the street and almost get hit by cars. The catering places had doubled park to bring their food out. We have always had a problem. I have gone to the city, does the city and asking them to give us a loading space or something like that. They just wouldn’t do that. We do really have a parking problem and that is what I’m really worried about. I don’t know what you talked about last time. I’m talking about the pizza, if they are going to be coming in and delivering pizzas and things like that. I wrote to you that I think when you open the business, you’ve got to have responsibility and I think we got on the wrong foot at the beginning. He opened up and we had all kinds of problems, break-ins and everything you can imagine is happening to us. The thing that I’m most concerned about is that these kids are going in the back and they are smoking, I’m talking thousands of cigarettes. Then,

President Charles Anderson stated, again we are getting away from what we actually have to do…

Eleanor VanLeewen stated, we have an oxygen business now you know we could really have a king-size problem there. What I’m saying to this man is, please is there anything that you can do to control this thing in anyway? Control these kids. They are running through store with, they took a hamburger and smashed it they broke planters….

President Charles Anderson stated, this is more of a law enforcement thing. We can’t really deal with that.

Eleanor VanLeewen stated, you know we are existing retailers, business people.

President Charles Anderson stated, I know that, we are listening to that too. We can’t go too far in to many of those things that we can’t control.

Eleanor VanLeewen stated, I know, but we need to be protected too. We need to be protected too, we really all need to get together. I was asking you could unless we can figure out what to do with this parking problem if you could just table this.

Brad Woolley stated, I need to make one more statement. The biggest issue I have is this property was vacant, when it was vacant we had the power turned off. It took me 2 ½ months to get the power turned back on. I have an owner of this property who in my opinion drags their feet to help me get accomplished with what I have over there. I’m the guy that everyone comes too, to complain about this problem or this problem, the fire inspector came over and said he needs records of this. If for a month now I’ve been trying to get this property owner who wants to have her property rezoned I need to get this pipe in there, they’ve known about it. If they are not willing to make this a priority then I don’t guess getting this property rezoned should be a priority for this board either. That is my sentiment, and if you want to play ball, you play ball, if you don’t want to play ball then don’t ask for favors.

President Charles Anderson stated, another thing we asked you the last time, were there any restrictions or covenants put on these places when they were sold.

Brad Woolley stated, I don’t think at the time anybody planned on putting a restaurant in any of those properties. It was pretty much office space, retail and things like that.

President Charles Anderson stated, so there is nothing written down then.

Brad Woolley stated, no, I would be very hesitate to pass a property zoning if we can’t get it with safety features over there. If those buildings all go up it won’t take much for it to cross the street and catch more and if you are going to go ahead and rezone it we don’t have assistant and cooperation I mean there really isn’t anything I can ask, except don’t pass it.

President Charles Anderson asked, does anyone else have anything new to add to this at all?

Any board members have any questions?

Jay Clawson asked, how did the other two restaurants get opened up in there if there wasn’t any big to do then, and now there is a big to do?

Director Weaver stated, evidently no one ever checked the zoning before and it wasn’t realized that it wasn’t properly zoned.

Brad Woolley stated, those businesses where there before we bought the building that we have on the corner, so now I’m stating the concern about what is developing.

President Charles Anderson asked, does anyone else on the board have any questions?

Director Weaver stated, we do have some letters that we have received since the last meeting.

Attorney Altman stated, proceeding to read the two letters from Ryan and Harmon. (See the file for copies of the letters.)

President Charles Anderson asked, do you have anything else? Do you want to respond to any of that?

Mike Sales stated, yes, I think I can respond to both of them at the same time. As far as the trash issue I had a call and the urine smell the Monticello Police Department and they informed me that it was coming from a dumpster which was located behind the cinema. Which is Mr. Ryan’s dumpster alone, not the Association's. I don’t sell anything in my store at all at this point, so I couldn’t be adding to the trash. We do clean up the concourse which 90% of that is coming from the movie theatre. I get all of his trash in my building which is all of the candy wrappers and popcorn boxes and fountain cokes, which I’m taking care of that to keep everybody else happy. When I’m not creating the trash at this point. As far as the increase in traffic that it shows me that Monticello needs a place for their youth to go to have something to do other than out roaming the streets. As far as what goes on back in the alley, I can’t police the whole city block. I can police what is going on around my building and what goes on in front of my building. The kids have been hanging out in the front of building for the last 10 or 15 years from the cinema. At least now there is someone there watching what is going on and if there are problems out there they're making sure it is taken care of. The other issue…..

President Charles Anderson asked, can you think back? The other issue was the amount of children and stuff and Monticello is always going to have kids. There is always going to be children traffic around town.

Mike Sales stated, as far as I can see there is nothing for them to do so far but go to the cinema and I think that is kind of where I’m getting feed back from Mr. Ryan is the financial end of it not the actual what is happening. The other point is there is no residence adjacent to this property. Closes residence is at least a half of block away.

President Charles Anderson stated, there are 8 of us here and it takes 6 to get a positive recommendation to the town. So it would take 6 of us now. Do you want us to vote on it or table it at this time? As far as the Association of the building owner in that area, I would think you would get together and get some type of a covenant for the buildings and that is something that we don’t hear at this board and we can’t do that for you. We are here for the best use of the land is, what we think the best zoning is for that would be. Are there any other questions from the other side right now? Do any of the Commissioners have any questions?

Mike Sales asked, I’m not putting a heavy restaurant, which was the previous problem with the grease going down the drain. I’m not frying anything, I’m not dumping anything. All I’m doing is pizza by the slice. There is no grease and garbage that will be going down the sewers.

President Charles Anderson asked, do the Commissioners have anymore questions? Do you want us to go ahead and vote on this?

Mike Sales stated, yes I do.

The results of the vote were as follows: 2 affirmative and 6 negative. This will be presented to City of Monticello for their action.

President Charles Anderson stated, we also have a violation on this. He came and talked to you as soon as he found out he was in violation.

Director Weaver stated, he was in business first and had been in talked about this and filed for the rezoning before I actually cited him for the violation. I was not aware that he was open and had the arcade going. He was in before I cited him.

President Charles Anderson asked, did you at the time think that you could run an arcade there.

Mike Sales stated, as far as I knew I contacted the city, county, and everybody and explained what I was doing and all I heard was food B-2. I didn’t hear amusement, games, or that entertainment was B-2.

Director Weaver stated, at the time that he contacted us we did do the research for an arcade.

President Charles Anderson asked, but did you tell him specifically.

Director Weaver stated, it was my understanding that my staff did, yes.

Mike Sales stated, I talked the board of health, city engineer and explained what I was doing, it was restaurant, and restaurant was that everyone was concerned with the zoning.

President Charles Anderson asked, does the board have any questions about this violation?

David Scott stated, I make a motion that we waive the fine.

Jay Clawson stated, I will second that.

President Charles Anderson asked, all in favor raise your right hand? Violation was waived 8-0.

Any body concerned about this ought to be at the City Council meeting that will be where the final decision will be made.

Director Weaver asked, does the arcade have to be removed?

President Charles Anderson stated, not until after the city council meeting.

Director Weaver stated, that is what I’m saying, if the zoning does not pass the arcade has to be removed as well.

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#873 Rangeline Properties, Inc, Owner; Jeff VanWeelden, Applicant; The property is located on Lot 1 in Korpita’s Corner Subdivision West of Monticello at 19 S. 300 E. Tabled from the February 14, 2005 meeting.

Violation: None

Request: They are requesting to rezone from A-1 to I-2.

This request is tabled until April 11, 2005.

 

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#874 Rangeline Properties, Inc., Owner; Jeff VanWeelden, Applicant; The property is located on 4.00 acres, West of Monticello on the Northeast corner of Division Road and County Road 300 E. Tabled from the February 14, 2005 meeting.

Violation: They are currently using this property to store dumpsters without being properly zoned.

Request: They are requesting to rezone from A-1 to I-2.

This request is tabled until April 11, 2005.

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#877 Chambers Liberty Landfill, Inc, Owner; Waste Management of Indiana, LLC, Applicant; The property is located on 1.377 acres, 29.229 acres, 55.051 acres and 80 acres, more or less, East of Buffalo at 8635 E. State Road 16.

Violation: None

Request: They are requesting to rezone from A-1 to I-2 to bring the land into compliance and for the operation of a landfill.

President Charles Anderson asked, do we have anybody here representing this request? If so please step forward.

Terry Beasy stated, I’m Terry Beasy.

President Charles Anderson asked, do any of the Commissioners have any questions? Basically the landfill is grandfathered in and if you want to do anything else with it.

Terry Beasy stated, yes, in order to obtain a building permit or anything else we would have to be in the current compliance or current zoning. I have present the board with a lot of information, I’m sure there has been some questions. I can’t honestly answer that. I would also like to add a few things to that information if I could. In 2004 Liberty landfills payroll was somewhere in the neighborhood of $600,000 that was paid to employees that predominantly reside in White County. They also maintain residences and do shopping locally in Monticello. Some of the past projects that the landfill has been tied to as well above and beyond. The Bell tower restoration in Monticello, some work at the Buffalo school for parking lot and playground. Royal Center ball diamond remodeled their concession stand. We purchased fire equipment for Liberty Township which today part of that equipment that we purchased is still being loaned to the City of Monticello. We have helped with variance fund raisers, toys for tots, helping local families and churches with disposal needs during accidents where no insurance was involved. Pioneer band booster, the lakes clean up, Cass Township library cards, 4-H fair support, local wildlife organization donations, drainage repairs, wildlife food plots. Some of the current things that have happened this year so far in 2005 are possible 4-H donations, sponsor for boy scout field day, library cards, and we have donated to the White County 4-H association. Also I’d like to take the time if the board reviewed some of the information that we presented to you, found that we have a rather profound effect at the local level with the money that we spend with the local merchants. Some of those merchants you will find the numbers to be in an access of $1,000,000. I would also like to take this time to show the board that some of the merchants feel strongly enough about our operations in the way it is run that they have come out in local support. Would anyone that is in the room in support of the Liberty Landfill rezoning attempt please raise your hand. Does the board have any questions?

Don Ward stated, you are trying to blackmail us.

Terry Beasy stated, no sir just trying to be very thorough with my job.

President Charles Anderson asked, does the board have anything? Anyone in the audience have anything?

Without 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.

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#878 Chambers Liberty Landfill, Inc, Owner; Waste Management of Indiana, LLC, Applicant; The property is located in the NW ¼ of the SW ¼ and in the SW ¼ of the SW ¼, East of Buffalo on the Northeast corner of State Road 16 and County Road 900 E.

Violation: None.

Request: They are requesting to rezone from A-1 to I-2 to bring the land into compliance.

President Charles Anderson asked, anyone here representing this request?

Terry Beasy stated, yes Terry Beasy.

President Charles Anderson asked, is there anyone in the audience that supports this request?

Do we have anyone in the audience that has any questions about this request? Do the Commissioners have any questions?

Without further discussion the board voted.

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

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#879 Bruce W. & Carolyn L. Vogel; The property is located on .057 of an acre, on the Southeast side of U.S. Highway 24 on the North side of the Railroad Tracks leaving East Monticello.

Violation: None

Request: They are requesting to rezone from R-2 to B-2.

This request is tabled until April 11, 2005.

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#303 Wallace R. & Kathleen Neal; Requesting approval of a 2 lot subdivision to be known as Neal Subdivision on 3.091 acres. The property is located between Reynolds and Chalmers, West of State Road 43, on the North Side of County Road 350 South.

President Charles Anderson asked, is there anyone here representing this request?

Wallace Neal stated, yes I’m Wallace Neal. The primary reason I would like to get a subdivision I have more land along 350 S., but when ever we get any amount of rain in our area and it floods. This portion of the 3 acres or so is still on high ground.

President Charles Anderson asked, does anyone on the board have any questions?

Several are talking at once.

President Charles Anderson asked, is this for the first and second?

Director Weaver stated, yes.

Wallace Neal is going over the plat with Don and Jay.

President Charles Anderson stated, that all standards have been meet.

Director Weaver stated, to the best of my knowledge. Dennis Sterrett did point out that there is an error in the section number and I will make sure that is corrected.

Without further discussion the board voted.

The Primary Approval Request for a 2 lot subdivision to be known as Neal Subdivision located between Chalmers and Reynolds 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.

Director Weaver stated, it is ready for secondary and he does have drainage approval.

Attorney Altman stated, the plat has to have the corrected number on it.

Director Weaver stated, yes. Range number changed.

The Secondary Approval request for a subdivision to be known as Neal Subdivision located between Chalmers and Reynolds, 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.

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#304 Donald E. & Dorothy M. Lane; Requesting approval of a 1 lot subdivision to be known as D & D Shores on 0.218 of an acre, more or less. The property is located North of Indiana Beach on West Shafer Drive, on the Southeast corner of where 375 N. joins West Shafer Drive.

President Charles Anderson asked, is there anyone here representing this request?

Jim Milligan stated, I’m Jim Milligan, I’m representing Mr. Lane.

President Charles Anderson asked, is this for primary and secondary?

Director Weaver stated, yes.

President Charles Anderson asked, does this meet all of the standards?

Director Weaver stated, yes.

President Charles Anderson stated, there are some restrictions on that.

Director Weaver stated, yes. There isn’t much ground there, it isn’t very level.

Don Ward stated, he could have a walk out basement.

President Charles Anderson stated, do any of the Commissioners have any questions? Any questions from the audience?

Without further discussion the board voted.

Jay Clawson stated, I’m checking to see if we have enough room for parking and driveway. That is an extremely high traffic area.

Director Weaver stated, I wondered that myself Jay.

Jay Clawson stated, if they lay the house out building into the hill and leave as much flat spot at the top, you know as far as you can’t have that area and have people come visit and leave their cars parked on that road. That is just definitely one of the worse moves we could make.

Don Ward stated, he has 40’ there, so he’s got room to….

Director Weaver stated, the parking spaces are suppose to be 9’ x 18’.

President Charles Anderson asked, will 9’ x 18’ fit in front of that?

Attorney Altman stated, the one thing I think you could do Jay, would be make it this that they are not going to get a variance for the parking concerns you are talking about.

Jay Clawson stated, there is a 20’ setback with the 25’ right-of-way. I’d like to see the BZA not to give anymore setback. Can that be written into the request.

Attorney Altman stated, you can make it a part of the request. Do you understand that Jim?

Jim Milligan stated, I’m not sure I understood the question.

President Charles Anderson stated, he is not wanting them to get a variance where they could add or come closer to the highway with vehicle parking.

Jim Milligan stated, oh yeah.

Jay Clawson stated, pass this with the contingent that there be no request on BZA on further variances on this. It is already a small lot and close enough to the road on a high traveled. If the build a nice house.

David Scott stated, you want it at the 20’ and not any closer.

Jay Clawson stated, right, to pass it and leave it the way it is with no future actions or variance or setback variances.

Attorney Altman stated, I think that will be apart of the restrictions and comments.

Several are talking at once.

Without further discussion the board voted.

The Primary Approval Request for a 1 lot subdivision to be known as D & D Shores located in North of Indiana Beach on West Shafer Drive, 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.

The Secondary Approval request for a subdivision to be known as D & D Shores located in North of the Indiana Beach on West Shafer Drive, 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.

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President Charles Anderson stated, next on the agenda is business. We have an appeal here on Ron Stanley. What are we appealing?

Director Weaver stated, a fine on a violation.

President Charles Anderson stated, okay a fine on a mobile home.

Director Weaver stated, he has 3 residences on one parcel of ground.

President Charles Anderson asked, is there anyone here representing this appeal?

Ron Stanley stated, I got a letter in….

Attorney Altman stated, wait just a second Mr. Stanley. Greg has just mentioned that he employs Mr. Stanley and thinks he should excuse himself.

Greg Bossaer stated, he mows the fair grounds. So I should leave.

Attorney Altman stated, yes, or it is considered a positive vote.

Ron Stanley stated, I got this letter 2003 and I had two mobile homes on my farm and I didn’t realize it was against the law and I had it surveyed off. I don’t think she realized I had a house kind of made out of my barn. The first letter I had it surveyed off and so everything was okay. She didn’t realize I had and I didn’t think I was doing something against the law I thought you were allowed one trailer with the house. The second letter here a month or so, it said it was against the law to have a house, and a trailer on the same piece of property. I had it surveyed off and I have everything up to snuff. Don’t I.

Director Weaver stated, yes. What has happened here is 2003 was the first violation, we thought we had that violation taken care of. This fall or winter he pulled in another mobile home in on the property and we realized the first violation really was not cleared up even though all of us thought it was. I was involved, John Raines was involved, Mr. Stanley, we all thought it was resolved and it wasn’t. When this new mobile home came to light that the first violation wasn’t resolved. Mr. Stanley has been into the office and he did get a survey the first time to survey off one mobile home and he has now gotten a second survey done to divide the other mobile home and the old mobile home from the home. The new mobile home he has applied for a building permit to locate it where an old mobile home was. He has attempted to bring this into compliance.

President Charles Anderson asked, will these be on separate lots?

Director Weaver stated, they will all be on separate lots.

President Charles Anderson asked, does he have to rezone those areas?

Director Weaver stated, no he does not. He has attempted to do everything that he needs to do to get this all cleared up.

Attorney Altman asked, what about a subdivision?

Director Weaver stated, no he doesn’t have to have a subdivision. He has plenty of acreage.

President Charles Anderson asked, do they have separate septic?

Ron Stanley stated, there is about 160 acres. One 3 acres plot, or something like that and another 2 or 3 acres plot.

President Charles Anderson asked, do any of the Commissioners have any questions?

Director Weaver stated, you did pick up your building permit this afternoon.

President Charles Anderson asked, does he have two fines or one fine?

Director Weaver stated, just the one fine.

Attorney Altman stated, so as far as the department goes you have had compliance and cooperation from the person who is before us. Who violated the first time and you thought it was cleaned up and you eliminated that fine by your action.

Director Weaver stated, I don’t think he was actually fined the first time.

Attorney Altman stated, okay, so he has cooperated and so he will not have a violation.

President Charles Anderson asked, is there any questions or motions out there?

Gary Barbour stated, I move that we waive the fine.

Jay Clawson stated, I will second it.

Motion was carried 8 to 0.

President Charles Anderson stated, next will be business. We have Meadowbrook Subdivision.

Attorney Altman stated, Meadowbrook Subdivision, Diann did you get….

Director Weaver stated, I didn’t get a copy of that.

Attorney Altman stated, what I have prepared is a proposed vacation of the subdivision except for the street and one lot that has been sold off to an innocent by-stander. I wanted it circulated among the attorneys, signed and done. I know this is what you discussed.

President Charles Anderson stated, I have a question. Is that his sign or what?

Jay Clawson stated, that is Carroll County we can’t do anything with that.

Director Weaver stated, we need to look at the Attorney’s fees.

President Charles Anderson asked, does anyone want to accept the attorney’s fees?

Director Weaver stated, I have a question on one, the claim for the Uttermohlen commitment. My understanding is that anytime that a commitment was done that the person who owned the property was supposed to be billed for this.

Jay Clawson stated, that is what I thought when we talked about the commitment. That if Jerry had to do those that they would be required to pay any legal.

Attorney Altman stated, the only thing that I can see here the difference is that I didn’t prepare the commitment at all. All I did was review it along with what George Loy did for the City and what have you. Does George charge the City for that or does he charge Mr. Uttermohlen?

Jay Clawson stated, we don’t approve George’s fees, so I don’t know what he did.

Attorney Altman stated, in other words, I did look it over.

President Charles Anderson stated, you looked it over for the board not for him.

Attorney Altman stated, I really didn’t draft it at all.

Jay Clawson asked, did you make changes to it?

Attorney Altman stated, I did make changes to it.

Jay Clawson stated, well.

Attorney Altman stated, I made suggestions that George as an example reviewed and he made changes too. I don’t care how it happens it just I because I didn’t draw it up or anything like that. I billed it this way, I’ll do it or withdraw the bill, whatever the board thinks. Whether it is like for any citizens or go the other way.

Jay Clawson stated, well for future. We asked that there be a commitment drawn after we denied here in our board. When they came to the city he had made significant changes and then we asked to protect the property owners on Beach Drive that he create a park area in the front building site. That you know his plans for changing the road to where they line up and change his roadway into the middle of the lot, so he put all of that in and had something for stand by after he goes to construction. It was more acceptable to the city, we thought maybe it would be more accepted to the homeowners but they didn’t think it was. It did help us. I do believe for the $250 it was well worth the money. From now on if there one brought to you, you can say that this is customary practice that the board doesn’t pay for this. We will have this up front. We will be able to tell them this was a different situation. I don’t think a commitment has been requested by a different Town.

Director Weaver stated, the County Commissioners have.

President Charles Anderson asked, does anyone else have any questions?

Jay Clawson stated, in the future….

President Charles Anderson stated, this needs to be stuck to who requested it.

Jay Clawson stated, yes I think the people doing it, it is a legal document just like getting a survey, or something.

President Charles Anderson asked, did we request it or the city.

Jay Clawson stated, the city of Monticello requested it and he had it drawn up and I didn’t know how much changes they had to do. I know George took it and looked at it and I’m sure he brought it over to you. We wanted to make sure, we have really never done the process. We thought it had to meet the Area plan.

David Scott stated, so it is just like looking over Liberty Landfill.

Attorney Altman stated, no on Liberty landfill work I really just, I didn’t make any, I wasn’t requested or by the board or anybody to make any particular suggestion to Liberty Landfill about anything. It was different. On this one I was requested to review it from the board and made sure it complied with what our vote requirements were.

Terry Beasy stated, I would say that if the board requested that it be reviewed and changes made in the review in aiding them in passing it that he should pay the bill and not complain about it. If there were no changes made and a simple review then it would be a pretty simple. It had value because the changes caused it to pass, so therefore you should bill the individual that benefited from those changes and reviews.

President Charles Anderson stated, so in the future that is how it will be done. Are there anymore questions?

Jay Clawson stated, you got to talking about signs with Freeman. There are several signs that were put in without ever getting permits that have been abandoned and now he is advertising for rent as like off premise signs. One of them is right down by me on South Main Street. Actually there are a couple of them. There is one at the old house/church thing, right next to Hicks gas.

President Charles Anderson asked, how long has it been vacated?

Jay Clawson stated, he has it lacquered and for rent like an off premises sign and it was not put in with a permit and it doesn’t meet any setbacks and it sets way close to the sidewalk. There is no 10’ off right-of-way. How do we go about getting rid of these? He has two or three other properties that have signs that I don’t know if they were ever permitted. He is advertising them as off premise signs as well, the Shell station and that property.

Director Weaver stated, there was a sign there.

Jay Clawson stated, there was and he has covered it up and now he has it rented it out. He had like a temporary sign that was on that. There is another sign.

President Charles Anderson stated, if they had been permitted, if they are vacated for how long.

Director Weaver stated, I’m not sure how that works.

Jay Clawson stated, we need to see about removing those.

Several are talking at once.

Attorney Altman stated, I will be happy to look this over and get back to you.

Several are talking at once.

Jay Clawson made a motion to adjourn.

Don Ward seconded the motion.

The meeting adjourned.

Respectfully submitted,

Donald W. Ward, Secretary

White County Area Plan Commission

Diann Weaver, Director

White County Area Plan Commission