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The White County Area Plan Commission met Monday, October 16, 2006, at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

Visitors Attending were: Mary Whitman-Ellis, Jim Ellis, Leo King, Jessica Cottrell, Jim Cottrell, Robert Andreatta, David Alm, Jan Qualkinbush, David Diener, Mary Lou Gray, and Ben Woodhouse (Deputy).

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, September 11, 2006 meeting. Motion was seconded by Jay Clawson and carried unanimously.

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#915 James & Jessica Cottrell; The property is located on Lots 29 & 30 in the Original Plat of Headlee, in Cass Township, located at 9847 N. Jackson Street.

Violation: None

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

President Charles Anderson stated, do we have anybody here representing that request?

Jessica Cottrell stated, hi I’m Jessica Cottrell.

President Charles Anderson asked, the commissioners have any questions about the request? Anybody in the audience have any questions about the request?

Director Weaver stated, I would just say that this property is platted lots, they’re on the south edge of Headlee and it is currently zoned agricultural.

President Charles Anderson asked, anybody have any more questions? If not I’d say let’s go ahead and vote.

The results of the vote were as follows: 9 affirmative and 0 negative. This will be presented to the White County Commissioners for their action.

Attorney Altman stated, that will be the sixth of November. They have the final say on this okay. They will review this and have the final say and it’s at eight-thirty in the morning, right here okay. Okay. Thank you.

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#916 David C. Alm; The property is located on 50’ x 42’ E/S Lot 6 in the Original Plat Block 13, in the Town of Brookston, located on the Northwest corner of Railroad & Fourth Streets.

Violation: None

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

President Charles Anderson asked, somebody representing that request?

David Alm stated, yep. I’m Dave Alm.

President Charles Anderson asked, the commissioners have any questions about this request at all? Anybody in the audience have any questions about this?

Attorney Altman asked, Dave this is basically just in a business area?

David Alm stated, somewhat before we adopted the uniform code it was zoned, dual zoned has a lot of stuff that is adjacent to the downtown was. And over the years it has been a residence of seven people with one room being a barbershop for many years. And then it’s been tons of other different things, part residence part business and sometimes combination. And I’m just trying, I’ve owned it for about sixteen years and it really needed a lot of work and I’m just trying to make it into a nice single family residence. That and the change of zoning will help the people get a mortgage, is my main principle. Thank you.

President Charles Anderson asked, the commissioners have any questions? I’d say let’s vote.

The results of the vote were as follows: 9 affirmative and 0 negative. This will be presented to the Brookston Town Board for their action

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#917 Rockland Wood Products, LLC; The property is located on .62 of an acre, .78 of an acre, and .25 of an acre, Out SW SW 17-28-4 , in Monon Township, located on the Northeast corner of St. Road 16 and C.R. 200 W.

Violation: None

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

President Charles Anderson asked, do we have anybody here representing that request?

Leo King stated, my name is Leo King and I’m the Production Coordinator at Rockland.

President Charles Anderson asked, the commissioners have any questions about that request?

Director Weaver stated, I would like to clarify that this is; that there are two pieces involved with this request. One is directly on State Road 16 and the other on is directly on County Road 200 West.

President Charles Anderson asked, anybody in the audience have any questions about the request? Back to the commissioners.

Jay Clawson asked, these basically the storage yards that you have now? Bringing everything into compliance the same?

Leo King stated, yes that is what we are doing.

Jay Clawson stated, okay.

President Charles Anderson asked, anything else from the commissioners? Let’s vote.

The results of the vote were as follows: 9 affirmative and 0 negative. This will be presented to the White County Commissioners for their action.

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#918 Mary Whitman-Ellis; The property is located on Lot Number 5 in Boessel Subdivision Number 2, in Monon Township, located at 6464 Bedford Bay Court.

Violation: None

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

President Charles Anderson asked, is there anyone representing that request?

Mary Whitman-Ellis stated, me, Mary Whitman Ellis.

President Charles Anderson asked, do the commissioners have any questions about that request?

Charles Mellon stated, she left some pictures here last time.

President Charles Anderson stated, going from lake one to R-2, this piece of property requesting to be zoned to R-2 is not on the lake, it is away from the lake so.

Director Weaver stated, attached to your staff report I believe you should have a copy of the drawing that was drawn in for us so that we knew the area that was being rezoned.

Attorney Altman stated, we have also six groups of photos that have been submitted by you is that correct?

Mary Whitman-Ellis stated, that’s correct.

Attorney Altman stated, okay and there I think they are similar to what Diann has but they speak of before and after and therefore you might want to explain what you mean by before and after.

Mary Whitman-Ellis stated, well when I purchased the property actually it was a campground. So at one time there when I took it, it had four trailers. I understand it has been an auto salvage yard, it’s been a campground, there has been up to thirty forty trailers on it. So what I’m trying to do is to put it back to a residential state and I would like to put a modular up on top because it is completely away from the home that is on the bottom. So that the L-1 would be the house that I live in and I would like to put a home up on the top.

President Charles Anderson asked, anybody in the audience have any questions about this request?

Don Ward asked, are you going to face it to the lake or face it to the road?

Mary Whitman-Ellis stated, it will be facing to the lake. Well actually I’m sorry that’s not true. The front of the home will be facing actually Bedford Bay Cemetery.

President Charles Anderson stated, the front will be facing the cemetery. But the back deck will be facing the water.

Mary Whitman-Ellis stated, the back would be facing the lake.

President Charles Anderson stated, anybody in the audience have any questions?

Jay Clawson asked, well if we rezone that property how is the property behind on the lake getting ingress and egress, I mean does that create any problems there for that?

President Charles Anderson asked, yeah where are they accessing right now anyway?

Director Weaver stated, actually right now if I remember correctly there’s two access points on the property.

President Charles Anderson asked, can you show on this?

Mary Whitman-Ellis stated, I have to see what you are talking about. What picture?

Jay Clawson asked, how do these, do these properties access through here or through somewhere else?

Mary Whitman-Ellis stated, actually the drawing that you have got doesn’t even look like what it is. That’s why I presented this picture because the driveway comes in here. Actually I have something that will make it clearer. Because that picture really does not, the driveway comes in right in here that first line is up here.

President Charles Anderson asked, does it come beyond…

Jay Clawson asked, the ingress and egress is not on the property you are wanting to rezone?

Mary Whitman-Ellis stated, no.

Jay Clawson stated, okay that is the question that I wanted to get answered. That’s what I wanted.

Mary Whitman-Ellis stated, and actually that property would have its own access as well as this one would.

Jay Clawson stated, okay.

Dennis Sterrett asked, do we have a legal description for this rezoning?

Mary Whitman-Ellis stated, I have it.

Director Weaver stated, yes we do.

Attorney Altman stated, this is the legal description.

Dennis Sterrett stated, okay I was just wondering…

Attorney Altman stated, I understand. You got a surveyor on the board you better let him see the legal description.

President Charles Anderson asked, anybody else have any questions about this? Request around the board or in the audience? Legal description okay?

Jay Clawson stated, if Denny says it’s okay then we’re okay.

Mary Whitman-Ellis stated, I just have one comment that I just wanted to make it clear the before and after. I really did have a mess up there. We’re talking about four thirty-yard dumpsters. So I’m trying to put it to a residential state so that it will be an asset to everybody just not me. Okay.

President Charles Anderson stated, let’s go ahead and vote then.

Dennis Sterrett stated, this is not the legal description for that. Looks like a piece up here.

President Charles Anderson stated, we’ve got a question about the legal description.

Dennis Sterrett asked, this dashed in piece is the one that they are trying to rezone right? Down on the South end.

President Charles Anderson asked, do you want to come forward and let him see if that is what you are talking about?

Mary Whitman-Ellis asked, what is the question?

Dennis Sterrett stated, we have a legal description that starts up here.

Mary Whitman-Ellis stated, I can give you what I have.

Dennis Sterrett stated, and comes down fifty feet and then goes here and then to the approximate shoreline and Northeasterly along the shoreline.

Mary Whitman-Ellis asked, do you have two of these?

Dennis Sterrett stated, no I don’t.

Mary Whitman-Ellis stated, there should be another one.

President Charles Anderson stated, what we can do is make this contingent on putting the legal description to it.

Attorney Altman stated, if we advertised it right we can do that.

President Charles Anderson asked, did we advertise it right?

Mary Whitman-Ellis stated, they were given both of them. Well, just need to figure out which one you want.

Dennis Sterrett stated, well it’s got to have it, one, two, three, four, five.

Director Weaver asked, are there two different legals Jerry? Are those two different lots or are those two different legal descriptions?

Attorney Altman stated, boy it sure looks like they don’t have the right description on that notice.

Director Weaver stated, I don’t know why we wouldn’t.

Attorney Altman stated, because that is what you were given I would guess which is wrong.

President Charles Anderson asked, you got one there that…

Dennis Sterrett stated, yeah we got one that follows this piece here.

Director Weaver asked, that one does?

Dennis Sterrett stated, yeah.

President Charles Anderson stated, okay.

Attorney Altman stated, I think that we need to review that.

President Charles Anderson stated, reviewing but using that as the legal description, reading it into the record or something.

Director Weaver asked, is that the one Jerry gave you?

Dennis Sterrett stated, yeah that’s the one Jerry gave me.

Mary Whitman-Ellis stated, his is the house but see this is stating that it has sheds and barns and all of that and it doesn’t have that on there anymore. It keeps showing that there is a dent in there, there is not a dent in there it goes straight across. Mr. Milligan has done this three times and each time he comes up with a different…

Dennis Sterrett stated, well he’s got it; the description is at an angle.

Mary Whitman-Ellis stated, right. But do you see any angles up there, around the property it angles up there?

Dennis Sterrett stated, that’s the legal for this piece here.

Mary Whitman-Ellis stated, and the other one is for the other one.

Dennis Sterrett stated, and that must be for what this… what they are going to lot off up there.

Mary Whitman-Ellis stated, the larger piece is where the home would go.

Director Weaver stated, that’s not what you are showing me here. You’re showing me the .448 is what we are rezoning.

Dennis Sterrett stated, that’s that.

Director Weaver asked, that’s that? And how is that a .192?

Dennis Sterrett stated, this, this up here.

Director Weaver asked, or is this an exception? Oh that’s an exception. All right.

Dennis Sterrett asked, is it?

Director Weaver stated, yeah it is. Excepting there from… point 192.

Dennis Sterrett stated, so that must be the rest of that.

Mary Whitman-Ellis stated, this is all lot 9. This is the one that I want to put the modular on and this must be the extra one. This is one right here. This is the one he did. And this is the one that I want to put the modular right here and the driveway is actually right here. It shows me putting the driveway here and he can go into the garage or right down to the house.

Director Weaver asked, so you will look at this with me tomorrow?

Dennis Sterrett stated, sure no problem.

Attorney Altman stated, well I think that we can continue with the vote but if they haven’t advertised it wrong…

President Charles Anderson stated, we would have to advertise it again…

Attorney Altman stated, right we would have to re-advertise it. But we can continue to vote.

President Charles Anderson stated, let’s go ahead and vote. The legal description, you’ve got the legal description of everything?

Director Weaver stated, I’ve got it and I’m not letting go of it.

The results of the vote were as follows: 9 affirmative and 0 negative. This will be presented to the White County Commissioners for their action.

Attorney Altman stated, subject to your legal description being correct. And that’s what Denny will check tomorrow. Okay?

Mary Whitman-Ellis stated, okay.

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#919 David A. Diener, as Trustee of Helen L. Diener Trust; The property is located on S ½ Lot 67 & 45’ N/S Lot 68 in the Original Plat of the City of Monticello, located at 218 S. Main Street.

Violation: None

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

President Charles Anderson asked, do we have anybody representing that request?

David Diener stated, yes Mr. Chairman. My name is David Diener and I’m representing the request. A quick history if you are familiar with the block in question the 200 block on South Main Street. There is not much left of the block the Methodist Church has pretty much acquired and destroyed the residences on the block. It appears they are going to make it into a parking lot right now that is just subject to my speculation because it is all dirt. They tore another house down last week. This house adjoins an existing B-2 zoned property, which allows commercial and retail space. When I spoke to Diann my request was I really didn’t want it to be retail this is for a professional office an existing business in Monticello looking to relocate. I would call them in the insurance, attorney, accountant range you can pick one of those three, who has made an offer to purchase on the house. I have had it for sale for a year as a residence and people look at it and their concern is what is the church doing? Is this going to be in the middle of a commercial endeavor by them. They have a church school and a nursery school and essentially that is the request. I have an opportunity to sell the property to a business and therefore the rezoning is contingent upon that.

President Charles Anderson asked, the commissioners have any questions about that? Anybody in the audience have any questions?

David Diener stated, I was contacted by one of your commissioners who indicated that the parking area in the back that’s currently a driveway would need to be hard surfaced. I was not told that when I made the application but is that correct?

Jay Clawson stated, city…

Dennis Sterrett stated, that’s a city requirement.

Jay Clawson stated, that’s a city request more than a…

David Diener stated, okay I have no problem honoring that request. My but, I suppose I’ll deal with that at the City Council. But I’d kind of like to wait to see what the church intends to do with their lots so that one, they do not create a water problem for me and two, I don’t create a water problem for them. I’ll address that at the city council.

Attorney Altman asked, excuse me, are you making that essentially into a commitment? That…

David Diener stated, if I think I…

Attorney Altman stated, no, no I mean the insurance, lawyer, or real estate…

David Diener stated, Mr. Altman as you know the B- what zoning was this; I always thought it should have been B-2 but your new form is B-1. As anything that is allowed would be in that, I can not tell you that the person that purchases it may not do something else. But at this point in time the request is for a professional office but and I appreciate you are across the highway from this. Not Main Street, that’s a highway.

The results of the vote were as follows: 9 affirmative and 0 negative. This will be presented to the City of Monticello for their action.

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President Charles Anderson stated, next on the agenda is business. If we have anybody else that wants to leave…

David Diener stated, Mr. Chairman and I appreciate the attendance at tonight’s meeting and I would only like to address the fact that at the last meeting that you didn’t have a quorum. And having served for a number of years on this board I understand that you can’t make all of the meetings. But I would recommend that this group set a standard for per missed meetings per year and if someone doesn’t miss and whether that standard is two or three or six, that is up to you. You notify their appointing body so that they can be replaced. So that the folks that do attend get their information in the weeks ahead that’s required don’t show up and have nothing happen. And I say that in kindness. I’m certainly not criticizing anyone who had other commitments that evening but I think it’s important that if you have people who don’t attend on a frequent basis you have people that are here to take care of the business that you are appointed to do. And I’ll be quite now.

Charles Mellon stated, that’s a good idea.

President Charles Anderson stated, next on the agenda would be business and like I said if anybody in the audience wants to leave they can at this point.

Director Weaver stated, first before I go on; last week I handed out a paper that Greg brought into the office for a workshop. The Nitty Gritty Work of Plan Commissions. I don’t know who got one of these last week and who did not so I’ve got some here.

Jay Clawson stated, I went to that program probably eight years ago and it’s worth while for if anybody wants to spend the day. If anybody wants to look through the…

Dennis Sterrett asked, where’s it at?

Jay Clawson stated, I don’t know.

Director Weaver stated, the next one, you missed the first one, the next is November first and that’s at Purdue University.

Greg Bossaer stated, I think the other one was Indianapolis.

Jay Clawson stated, if anybody wants to look over the book for it I have that.

Attorney Altman stated, they’ve changed it…

David Scott asked, does it cost?

Director Weaver stated, it does cost but the office does have money.

Gary Barbour stated, scholarships are available Dave.

Jay Clawson stated, I paid for my whole thing.

Director Weaver stated, well we didn’t used to have money but we do have money now.

Charles Mellon stated, them periods on that lawsuit…

Director Weaver stated, I haven’t gotten that far yet. Do you want to do that now, give them an update on the lawsuit?

Attorney Altman stated, we are talking about Rangeline. Basically we had a hearing and we did set there for quite a while and talked for quite a while. We were preparing the briefs and the judge is going to decide what he is going to do. Whether he’ll have a hearing or whether he’ll just decide the case based upon the briefs. And that’s really about where we are right now.

Director Weaver stated, and he never gave us any indication which way he was going.

Attorney Altman stated, well if he did you read him more firm than I did.

Director Weaver stated, well what else, we’ve had three, fortune but they wouldn’t be familiar with that, that’s BZA. And what was the other one? We’ve had three that one-week?

Attorney Altman stated, oh, that was bringing, that was a subdivision yes excuse me. Remember we had John Freeman with that large subdivision south of town. He had a letter of credit that stayed in force, stayed in force, stayed in force and then they said they were going to pull the plug on the letter of credit. And so we called on the letter of credit and when they didn’t come up with the money we filed suit against the bank and Freeman and everybody else involved. Well John Freeman had sold it to people by the name of Rynard and we knew about that so we brought them in. Well subsequent to that they sold it to Glen Jennings and he came in here and I think some of you saw him at a couple meetings, I think a couple meetings he was at. Talking about making it into compliance and get it into a subdivision. And then he sold it to Cathy Russell Reynolds Inc down in Lafayette and she wants to do the same thing. So I’ve talked to an attorney and she has and I told him that we would bring them into the lawsuit and we got that done and Diann is gonna stop in tomorrow and sign that complaint to bring them in and see where we are. But again I told Cathy Russell that we are not in the business of vacating subdivisions in fact this is the first time it’s ever been done with our body at all. We area in the business of doing subdivisions but doing them right and that’s all we are asking them to do. And they seem to be amenable to that. And I guess we’ll see where we go with that and that’s really about it right now. But I do think although I thought Glen Jennings was going to do the same thing. I do think that maybe we have somebody that may in fact take that subdivision and do it right.

Gary Barbour stated, don’t they have to make a financial commitment just like…

Attorney Altman stated, yes, they sure do. They have to have a letter, in other words basically I would expect them to come in with a letter of credit if they are going to put in a subdivision right. They are gonna get the drainage board to approve it. And maybe they may have to in fact do something with the sewer system too. Okay, which of course I think all will be better in a better subdivision. But I don’t know that right now and until I get a report and action speaks louder than words and we are waiting for some action right now.

Charles Mellon asked, what about Jacobs, on the deal down south? On that paper that comes out every two weeks a whole back page is advertising…

Director Weaver stated, he has not been back in.

Charles Mellon asked, what?

Director Weaver stated, he has not been back in. He does not have final approval and has not been back in.

Charles Mellon stated, I didn’t think so.

President Charles Anderson stated, he’s just doing the Carroll County part, or trying to work on it.

Charles Mellon stated, well I think some of it is White County too.

Director Weaver stated, they’re moving dirt.

Attorney Altman stated, so I don’t know Charlie, that’s a good question but I don’t know. But that’s the way it’s always been and they come in and get some kind of approval and then we don’t see them for quite a while. So we’ll see I guess.

Director Weaver stated, I sent, yeah, I sent out some information regarding the renaming of streets and asked the board to look those over and give me some direction on where we wanted to go with this I have an individual that is wanting to rename a street. Our ordinance does not have any, we do not have an ordinance adopted to have a procedure to follow to do this. So we need to do this; the County Commissioners have told me that this is our position, this is what we need to…

Jay Clawson asked, what is in our book that we are getting ready to, is there something in there at all?

Director Weaver stated, no. But that was my thought that we might want to prepare, in this documentation that I sent to you came from Cynthia Bowen. She gathered this information for me. And I didn’t know if we might want to work on this and have it ready to adopt at the same time that we adopt the new ordinance.

President Charles Anderson stated, I’ll tell you one thing, to rename the street that means everyone on that street has to change everything that they have…

Director Weaver stated, that is right.

President Charles Anderson stated, I think that 100 percent of the people that live on that street have to live in agreement with it to be able to do it.

Charles Mellon asked, they’re all relation though aren’t they?

Attorney Altman stated, not always, they’re not always.

Director Weaver stated, yeah.

Don Ward asked, how long is the street?

Director Weaver stated, I can not tell you that. I believe there are three houses…

Attorney Altman stated, but you’ve got to remember this is for the future…

Don Ward asked, are there alot of houses or…

Director Weaver stated, in this situation I think there are only three or four homes on it.

President Charles Anderson stated, but still…

Director Weaver stated, but this policy this ordinance that we put in place will be for all of the streets.

President Charles Anderson stated, correct that is why I think that everybody has to be in agreement.

Dennis Sterrett asked, well it doesn’t look like Tippecanoe County worried about everybody in agreement does it?

Director Weaver stated, no I was kind of surprised by the way theirs is.

Dennis Sterrett stated, yeah.

President Charles Anderson stated, I don’t think that, I think that everyone should have to be in agreement on that street.

Director Weaver stated, well at least maybe a percentage of the people.

President Charles Anderson stated, I think 100 percent of them, of course that… I don’t think that’s right.

Director Weaver stated, I agree. It has its faults.

Dave Scott stated, initially there would be, if it was a new street.

President Charles Anderson stated, well what if we don’t want to change it anyway with 911…

Dave Scott stated, but once there is already a street established I don’t know why you would want…

Dennis Sterrett stated, it’s kind of like when we went from Rural Route to 911 everybody had to change their letter head then.

President Charles Anderson stated, what I’m saying is because of these things…I don’t think they ought to be able to do it. I don’t think we are going to be able to get any street renaming if we have got to get 100 percent of people to do it.

Dennis Sterrett stated, no.

Director Weaver asked, well do we not want to adopt an ordinance? Do we just want to take a stand that…

President Charles Anderson stated, we can say that.

Dave Scott stated, make an ordinance that says that.

President Charles Anderson stated, well I think you’ve got to put on it.

Gary Barbour stated, well I think still the timing is with the new ordinance when it goes into effect.

Attorney Altman stated, I think you are right. And I guess what I think…

Jay Clawson stated, I don’t think that we should spend a lot of time doing anything until we do that ordinance. Why should we spend a thousand dollars to go through publicize it if we are going to have to put in the newspaper and all kinds of stuff.

Director Weaver stated, but I think what Charlie kind of indicated is he feels like maybe we don’t want to do this at all.

President Charles Anderson stated, no we can change it as long as 100 percent of them say they want to.

Dave Scott asked, does it say now?

Director Weaver stated, it doesn’t. We don’t address it at all.

Attorney Altman stated, that would be fairly easy to draw up Charlie.

President Charles Anderson stated, that’s the way I would draw it up and heck with it.

Director Weaver stated, well but we would need filing fee and forms and…

Attorney Altman stated, oh yeah but that would be…

Jay Clawson stated, if you want to put, I am in pretty much total agreement. If somebody wants to move to change the name…

President Charles Anderson asked, do you want to vote on it?

Jay Clawson stated, if somebody wants to move to change the name of the street if everybody there wants to change to the same name.

Attorney Altman stated, yeah.

Jay Clawson stated, that would be fine, but you know. Cause your right if you have a lot of legal documents and stuff everything has to be changed. As soon as somebody…

Charles Mellon stated, and too expensive.

Dave Scott stated, or leave it like it is now and you can address it on an individual basis.

Attorney Altman stated, the problem is that we don’t have the tool to do it now, Dave and I think that if we did a very simple ordinance that basically we made an application and a requirement that everybody get notice and everybody…

Director Weaver asked, do we want them to have Cynthia Bowen draw something to that effect for us in conjunction with this new ordinance?

President Charles Anderson stated, ask her abut it see what she thinks. You think there should be a percentage on it put a percentage on it.

Director Weaver stated, so talk to her and we do want to do it in conjunction to the new ordinance. Correct? That’s what I’m understanding. Okay.

President Charles Anderson stated, wait a minute we have something about campers on here.

Director Weaver stated, yeah I have had a couple of situations and I don’t know what the board wants me to do with those, if anything. We’ve had some places where people are pulling in campers I have a violation I’m dealing with right now where someone has pulled in two campers on their, a piece of property that is not zoned for campground but yet the ordinance states that when they have two or more, they are a considered a recreational vehicle campground. But my problem is these campers are hooking up to the sewers around the lakes and I have called the sewer district and talked to them to see if they were even aware that these campers are hooking up or what the situation was. And the sewer district could care less if they are doing it or not.

Gary Barbour stated, somebody is probably paying though.

Director Weaver stated, well yeah that’s just it, their opinion is so what we don’t care. Well it’s kind of causing us a problem because now we’ve had another one since and…

President Charles Anderson asked, are they just in the summer time?

Director Weaver stated, no. They are hooking them up and they are sitting there year round.

Charles Mellon stated, anytime.

Jay Clawson asked, in a residential area? Are you getting any…?

Charles Mellon stated, lake area…

Jay Clawson asked, yeah it’s the same but it’s all single family stuff pretty much all around it?

Director Weaver stated, yes.

Attorney Altman stated, mostly it’s “L” areas.

Director Weaver stated, yes it’s lake areas, yes. I mean the one that I’m dealing with the violation right now is actually across the street from the lake residences but it is right near that vicinity.

President Charles Anderson asked, but they are allowed to have one?

Jay Clawson stated, you know for somebody to come and…

Director Weaver stated, the one that I’m dealing with on a violation they are saying, they are saying, the sewer district is allowing them to hook up two. Which is what they have done. But since they have hooked up the two they have tried to pull a third one in.

President Charles Anderson stated, that’s putting three homes on one…

Jay Clawson stated, right.

Director Weaver stated. Well this is across from the home. There is no home on this lot.

Jay Clawson stated, well you know it’s different if somebody comes and parks one for a week and then is gone. But for somebody to put in a permanent thing that becomes you know a residence.

Attorney Altman stated, well to hook up to sewer you are going to be pretty permanent probably.

Director Weaver stated, right.

Jay Clawson stated, well so many of these…

Director Weaver stated, I don’t know that the board wants me to do anything but it is becoming a problem and I guess I was looking for some direction if you do want to do something or…

Dennis Sterrett asked, how can you hook up the water in the winter? Looks like it would freeze if you just got a hose.

Director Weaver stated, I don’t know. These two are hooked up to water as well. Water electric the whole nine yards. I suppose they drain them…

Attorney Altman stated, pre-exposed Denny I agree. But it is hooked up you can see it in her pictures.

Director Weaver stated, I don’t know that they use them in the wintertime but they are hooked up year round.

President Charles Anderson asked, what does the ordinance say about?

Director Weaver stated, that they are temporary recreational use.

Attorney Altman stated, and if there is two of them…

President Charles Anderson asked, temporary would be?

Director Weaver stated, and if there are two they are a recreational campground.

Attorney Altman stated, and that is allowed in A-1 and C-1 with a special Exception.

Jay Clawson stated, and that means they would have to go to the BZA for it to be approved.

Director Weaver stated, right.

Attorney Altman stated, and I…

Jay Clawson stated, go to the BZA and fine them…

Attorney Altman stated, and I basically, what I’ve said they’ve got two then we probably ought to enforce it but we wanted to talk to you guys about it.

Director Weaver stated, but the other situation there is only one, it’s one lot and one camper. I mean is that what we really want to see start happening and if not what do we want to do to prevent it.

Jay Clawson stated, if I spent five hundred thousand dollars on a lake property and then that started happening next to me. I don’t think I’d be too happy with it.

Director Weaver stated, that’s why I’m bringing it to you guys.

Jay Clawson stated, I mean if neighbors are complaining about it.

President Charles Anderson stated, yeah if they are doing that you know temporary a week, two weeks at a time. There is no problem with that.

Jay Clawson stated, but they are going to come and leave them there permanent.

Don Ward stated, well once you hook up water, sewer, and electric that’s permanent.

Director Weaver stated, that’s pretty permanent yeah.

Jay Clawson stated, well I mean when you go to a campground you’re… they have all those things for these smaller campers anyway. But if they are pulling them in and living in them all summer I mean if they’re coming in and staying as a temporary guest, a week and leave but no, to pull them in and be there all year.

President Charles Anderson stated, we could put a limit on the amount of time they could stay. Then they could pull them out for a day and come back and start all over again.

Gary Barbour stated, yeah that’s probably right.

Dave Scott stated, if you are staying a week you wouldn’t have to hook to sewage.

President Charles Anderson stated, she can address something in the new ordinance.

Director Weaver stated, well I mean that’s fine I was kind of bothered when I called the sewer district and they’re like I don’t care.

Jay Clawson stated, I think when Cynthia in our new ordinance has that stated can’t stay, I mean you might be able to store one that you own but to have somebody live in it. I think when we went through all of that discussion I think you…

Director Weaver stated, we discussed and I …

Jay Clawson stated, you’ got seven days and then it has to disappear or a certain time.

Director Weaver stated, I don’t know what our final thing was but I know I brought this up one time.

Jay Clawson stated, the thing with our new ordinance what I see is like tent sales. If somebody has a tent sale it can only be for so many days and unlike what Jordan did set up a tent and leave it there all summer long, because I think those things need to, need to go. Because I foresee people from some far off place come in and have a summer business.

Director Weaver stated, well now that would fall under transient business and do have addressed that in the ordinance. You weren’t involved in that one that we went through a couple of years ago. But a transient business has to have a special Exception. That’s all I have.

Charles Mellon asked, but you didn’t get an answer though did you, wait on the new ordinance?

Director Weaver stated, wait on the new ordinance I got.

Greg Bossaer made a motion to adjourn.

Dennis Sterrett 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