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The White County Area Plan Commission met Monday, January 8, 2007, at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Jim Mann, David Rosenbarger, Charles Anderson, Donald W. Ward, Dennis Sterrett, Greg Bossaer, and David Scott. Also attending were Attorney Altman and Director Weaver.

Visitors Attending were: Denny Coffin, Mary Whitman, Jim Ellis, Carl A. Zarse, Sid Holderly, Robert Andreatta, Ralph H. Zarse, David Lachmund, Dan Banes, Phyllis Hoover, Missy Lowry, Hank Jacob, Bill Jessie, Matt Janes, Garry Bretsch, Charles VanVoorst, Chris Fullerton, Terry Smith, Greg Jacobs, Jeff Cooley, Don Pauken, Steve Salomon, Jack Long, Diana Long, Cheryl Danford, Mary Lou Anderson, Jim Kragh, Becky Kragh, Loretta Dahlenburg, Arnold Dahlenburg, Bob Carter, Jim Wooten, Rhonda Wooten, Dan Hintz, Abby Lietz, and Fred Buschman. Also in attendance but not signed in were: Linda Fullerton, Holly Fullerton, George Loy, Connie Neininger, Buzz Horton, Steve Burton, John Heimlich, Ron Schmierer, Darin Fedt, Betty Kleyla, Bobi Davis, Leroy Cosgray, Scott Federoff, Jack Custer, Garry Sacks, Sharon Currier, and Howard Currier.

The meeting was called to order by President Charles Anderson and roll call was taken.

President Charles Anderson stated, first on the agenda will be Reorganization. We were going to hold off until the next months meeting, but our control ordinance says we have to do it at the first meeting. We can elect to do it after our business meeting if you, or we can do it now. Do the commissioners have any thoughts about that?

Greg Bossaer stated, I say let’s move it to the end of the meeting.

President Charles Anderson stated, it doesn’t take very long anyway. First will be President. Do we have any nominations for President?

Don Ward stated, I make a motion that you remain as President.

David Rosenbarger stated, I will second it.

President Charles Anderson stated, let’s have a vote on this with a raise of hands. Motion carried. Now do we have any nominations for Vice President?

Don Ward stated, I make a motion that Dave Scott be Vice President.

David Scott stated, oh no, I don’t want to be Vice President.

Don Ward stated, how about David Rosenbarger?

Greg Bossaer stated, I will second that.

President Charles Anderson stated, all in favor raise your right hand. Motion carried. Next will be secretary.

David Rosenbarger stated, I will nominate Don Ward.

Greg Bossaer stated, I will second it.

President Charles Anderson stated, all in favor raise your right hand. Motion carried. Next will be Legal Counsel?

Don Ward stated, I will nominate Jerry.

Jim Mann stated, I will second that.

President Charles Anderson asked, any other nominations? All in favor raise your right hand. Next is Director. Are they any nominations?

Greg Bossaer stated, I will nominate Diann.

David Rosenbarger stated, I will second it.

President Charles Anderson asked, any other nominations? All in favor raise your right hand. Motion carried. All voting was unanimous.

If anyone has any objections to this I would like to; we have rezoning and subdivisions, first on the agenda, first on the agenda would be the White County Redevelopment. I want to skip by that and skip the rezoning and go to Subdivision and run them through and try to get the people who have been here several different times out of here if we can early. If we have any objections please show your hands or come forward and state your objections. If not do the Commissioners have any objections?

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White County Redevelopment Commission is requesting approval of an Order of the White County Area Plan Commission determining that a Declaratory Resolution & Economic Development Plan approved and adopted by the White County Redevelopment Commission conforms to the Comprehensive Plan.

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

Connie Neininger stated, Connie Neininger with the White County Economical Development Organization. Good evening gentlemen and Diann and also I have with me Craig LeBeau, the President of the White County Redevelopment Commission and George Loy, White County Attorney who is working with us on this project. Back on August 21, 2006 the White County Commissioners elected a 5 member redevelopment commission. Craig LeBeau is the President, Gary Hendricks is Vice President, Connie Stimmel is Secretary, Larry Klink and Mark Howard are the other members of the Redevelopment Commission. Part of the reason of this redevelopment commission is to help develop some of the property around the county. One in particular that we have been looking at is the Wolcott Corridor. I know several of you may be familiar with that site at the, the intermodal hub runs along the South side of those properties and it borders Highway 24 on the North. Part of that project needs to have water and sewer infrastructure placed out along it. To do that, we need to look at the possibility of bonding for the cost of that infrastructure. So in forming this Redevelopment Commission we are able to designate that area as a TIF district, Tax Increment Finance district. That will help us recapture the real property tax and even the personal tax to pay back the bonds to place the infrastructure along that site. We have been working with Lisa Lee from ICE Miller and she has formed a development plan for us at this point and time. As part of the Economical Plan, the process is a Declaratory Resolution, the Plan Commission here tonight must review that plan. Then we then take it to the County Commissioners and then the council will prepare a tax impact statement to show the impact of this TIF district with what will happen to the area. In the plan, the basic reason for the plan is to help promote significant opportunities for gainful employment of the citizens here in White County. It will help us assist in the major attraction of new business enterprises into the County. It will benefit the public health safety, moral and welfare of the residence of White County. It also increases the well being of the Community and also the State of Indiana. This is a project when we are talking about Water and Sewer in the Economic Development field so many times we will talk to prospects and one of the first questions they ask is the infrastructure in place. A lot of time we hope that they will come first and then we will build it, but in this case we have found out over several years that the Wolcott Corridor has been setting, but that has not occurred so the Commission is very strong on putting the infrastructure in place that will then help us develop the plan to promote it to future industrial development in that area. We have designated the area and I believe you all have a map to show that area we will designate as the TIF district. I guess at this point.

President Charles Anderson stated, all it showed was the aerial view not a map view.

Connie Neininger said it should be the next page.

President Charles Anderson stated, yeah, but that.

Connie Neininger stated, it should be a red area and a blue area that will all be designated as the TIF District. There should be about 700 to 800 acres in that area. Once the Plan Commission votes on it, it will then go to the County Commissioners on Monday, January 15, 2007. We feel, part of the plan is to enhance the water distribution, the storage and treatment infrastructure as well as the sanitary, sewer, and road infrastructure in that area. At this point I’m here to answer any questions you might have on the process and also George is here to help me.

President Charles Anderson asked, do the Commissioners have any questions? As far as the infrastructure are you looking for grants to help build these or is it?

Connie Neininger stated, there is a possibility of a grant. Most of the grants out there for economic development project usually need a tenant first before they look at granting. We have found one grant that we are talking with K.I.R.P.C. about maximum of $500,000 it could be up to 50% of the project. That does not need a tenant confirmed for the site. We have to get all of this in place, we have to have the easements prepared for the infrastructure and we have to have some control of the land to be eligible for that grant. So this is the first step in designating the area. Then we will apply for that grant, we have applied for the permit for the water and sewer. That permit is good until sometime in June, so we are trying to put this on the fast track to hopefully get the construction started on this. So if we are not able to get a grant for the project, we will look at issuing a bond and the possibility will need to approach the council about pledging seeded dollars to pay back the bond at this point and time until we have a tenant in place then we can recapture their tax.

President Charles Anderson stated, far as the infrastructure you are talking 3.5 million.

Connie Neininger stated, actually at the time we prepared this document it was 3.2 million. We have been talking to the Engineers at this point and time and they say it will probably be a little bit higher than that. We are probably looking at 4 million at this point. The longer we wait the higher the price goes.

President Charles Anderson asked, does anyone in the audience have any questions about his request? Do the Commissioners have any questions at all?

Jim Mann asked, Connie this is just one step in the process, right?

Connie Neininger stated, yes it is, we have been working on this for a couple of months here. This is the first step to get the redevelopment commission formed and to designate the TIF district. This initial TIF, at some point in time if we find we need to expand that TIF we can always come back and they prefer we come in with increments less than 25% of the original amount we can add to the TIF if needed. This is the area that the community and the County has been working on and sort of marked as potential development, especially with the railroad. More and more projects are going back to rail for transportation so we feel that area is going to be key. I know they are even looking at the possibility of putting in new intermodals in Northern Indiana. So if we can get this intermodal up and running I think it will be a prime site with the proximity of Lafayette and to Chicago both.

President Charles Anderson asked, does this meet our Comprehensive Plan?

Attorney Altman stated, yes it does. I can tell the Board a couple of things that make me say that is 1. It is the same sort of thing we have approved before for other ordinances to see whether they conform to our Comprehensive Plan. 2. The County has spent quit a bit of money hiring a firm from Indianapolis to get a new subdivision, a new zoning ordinance and they have looked this over very carefully. They’ve looked over the corridor very carefully and I’m sure if there were any problems at all with the Comprehensive Plan that it conflicted it, they would be asking us to do a new comprehensive plan. They have not done that and I think it does confirm to form.

President Charles Anderson stated, so this goes from us to the Commissioners and then goes to.

Does this need to be advertised throughout the county?

Connie Neininger stated, we actually advertised this meeting tonight. It does not have to be advertised for the Commissioners meeting.

George Loy stated, there will be a public hearing held by the Redevelopment Commission and that is given a 10 days of public notice. As Connie said it is a multi step process and it has gone through the Commissioners once and through the RDC once, now it comes to you for determination to whether or not that it is not inconsistent with your comprehensive plan, then it will go to a Public hearing for the redevelopment commission after being reviewed by the Commissioners.

Connie Neininger stated, we have that tenant public hearing set for February 5, 2007.

George Loy stated, this would be the second TIF in White County. The first one perhaps you recall the Wal-Mart, Brandywine area that turned out to be a very good project.

Attorney Altman stated, we also approved that one and it was consistent with our Comprehensive Plan.

President Charles Anderson stated, all the landowners in the area have been contacted and notified about everything.

Connie Neininger stated, they were all sent notices of this meeting here tonight, no they will be notified of the Public hearing, and we are in the process of negotiating with the property owners because we need to talk about easements for the infrastructures.

President Charles Anderson asked, any response to the land owners been pretty positive?

Connie Neininger stated, pretty much, yes, I will say there was one landowner that was questioning because he didn’t want his land developed at this point and time. He was on the South side because we are basically looking at the North of railroad tracks between 24 and the railroad as the fist portion to be developed.

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

Without further discussion the board voted.

The results of the vote for the White County Area Plan Commission that the Declaratory Resolution & Economic Development Plan conforms to the White County Area Plan Commission Comprehensive Plan of Development were as follows: 7 affirmative and 0 negative.

The results of the vote for the White County Area Plan Commission to approve the Declaratory Resolution & Economic Development Plan were as follows: 7 affirmative and 0 negative.

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#923 Paul J. Spass and Michael Annerino; The property is located on 3.430 acres, Out NE Frax 28-28-3, in Liberty Township, located South of Buffalo and on the South side of Lake Road 76 E, at 5614 E. Lake Road 76 E.

Violation: None

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

President Charles Anderson stated, this was tabled until next months meeting.

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#924 VeraSun Energy, Applicant; The property is located on 272.774 acres, Part W ½ 27-27-4 and 28-27-4, in Honey Creek Township, located North of Reynolds along C.R. 25 E, between the railroad track and C.R. 100N.

Violation: None

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

President Charles Anderson asked, do we have anyone here representing this request? Come forward and state your name.

Matt Janes stated, my name is Matt Janes, I’m the Vice President of Technology of VeraSun Energy.

President Charles Anderson stated, I think we have a few questions for you from the looks of the audience. Do you want to present?

Matt Janes stated, with our permission we have a power point presentation that we would like to present first before the Commission.

President Charles Anderson stated, I think that would be fine.

Attorney Altman stated, that is in the form of something as evidence that you will be providing for us.

Matt Janes stated, right, and the Commissioners have a copy of this as well. I’d like to that the White County Area plan Commission for this opportunity for VeraSun Energy to speak in favor of the application for rezoning the land in Honey Creek Township North of Reynolds from A-1 to I-2 for the purpose of constructing an ethanol plant. I have a slid show that I’m going to be going through. As I said the commissioners have a copy of it. In this slide show I’m going to introduce VeraSun to the Community, talk a little about Ethanol and how it is made and what some of the benefits are. Then we are also going to talk specifically about our project and some of the facts and figures associated with the project. VeraSun Energy our mission is to become a leading producer of renewable fuels for the benefits of our shareholders, community and the country. I’m not going to read through our corporate values, everyone can see them. I just want to highlight a couple of things about who VeraSun is. We know we are new to the community here, so we want to introduce ourselves a little bit. The first thing I want to point out is #1 on our corporate values is our commitment to safety. We feel very strongly that we create a safe working environment for our employees at the plants and at our various sites. As well as for the communities that we live and work and locate our plants in. I also want to point out that one of our corporate values is a responsibility. We feel real strong about our responsibility to our employees, and particularly to the communities to where the plants are located. Don Andres is our founder of the company and this commitment to responsibility to the communities that we locate in for safety and environment and being a good corporate citizen comes right from the top of our company. Don grew up on a farm in Eastern South Dakota and has very strong roots to the agriculture community in that area, and he lives right in the area around our first Ethanol Plant in Aurora, South Dakota. Don feels very strong and stresses it through out the company that we take our responsibilities very seriously. So just a quick few words about VeraSun, were formed in Brooking South Dakota in 2001. I joined the Company in 2002 as one of the original employees of the company. We’ve been actively involved in ethanol production since that time. Just last year we became a publicly traded Company. We are listed on the New York stock exchange and we are as I said earlier our goal is to be a leading producer of renewable fuels. Our immediate plants are we will be able to produce 560 million gallons of per year of ethanol at 5 plants once all of the plants that we currently have under construction and operating our complete in the year 2008. We are also working on a Bio-Diesel project, so in addition to ethanol our Company will be actively involved in a second renewable fuel bio-diesel as well.

So just a little back ground here I often get asked when speaking in front of groups why ethanol. Why is VeraSun involved in ethanol, why should people be concern or care about ethanol. I’d like to think of it as 3 main reasons. Environmental, economic, and energy security reasons is what I like to call the 3 E’s. So first of all the environmental benefits of ethanol. Ethanol is good for the environment because when it is mixed with gasoline and used as a fuel for our cars, trucks, it helps the fuel burn more cleanly and reduces tail pipe emissions. This is a very important issue and it is something, sometimes here in the Midwest we take clean air for granted. We do have good clean air, but in a lot of places in this Country and other parts of the World, especially around big cities urban air pollution is a very serious problem. Smog and pollution from cars can be very serious health hazards and just a very serious issue. Ethanol can really help that by allowing the fuel to burn more cleanly and ethanol has been used for a number of years in many of the major cities in this country as an environmental beneficial additive to gasoline. That is really how ethanol got started. Ethanol has another benefit as well and that it is a renewable fuel, which means it is made from the crops that we can grow and renew each year and because of that it results in lower green house gas emissions that can help reduce global warming as well. So two major environmental benefits that have really been the bases of the growth of ethanol in this country. Also I want to say that we consider ourselves to be an environmental company. We produce an environmentally friendly product ethanol that has benefits for the environment in this country. But we also build and design our plants in an environmentally friendly way as well too. As we will see later on in the presentation we try to design our plants with the latest emission control technology. The best available to control technology that we can find to reduce the emission of both air and water emission from the plant to the maximum extent as possible. So in addition to producing an environmental friendly product we try to operate as an environmentally friendly company as well too.

The second major benefit of ethanol is for energy security. It is a domestically produced product and because we add it to gasoline it helps reduce our dependence on petroleum or imported oil. If we just have a look at this chart quickly you can see the bottom line is the domestic supply of petroleum products in this country. Up to this point and going forward in to the future, our supply of oil and gasoline in this country is pretty much flat now. As we all know the demand for oil and gasoline continues to increase, there are more cars on the roads. We are driving more miles then ever before, so where does that difference come from. The demand keeps increasing as I said and the difference is coming from imports of petroleum into this country. There was a time when we simply imported crude oil and refined it at our own refineries, but in the US now the refineries are pretty well operating at maximum capacity as well too. We are finding we are importing more and more refined products, gasoline, diesel, and other products. Importing refined products into this country reduces our energy security as well too. So ethanol is a way we can help improve our national security by producing more domestically produced fuel right here in this country.

The third major benefit of ethanol, and I think what really hits home is when we talk to people in the communities is the economic benefits. Ethanol is an agriculture based product. We use corn as our raw material. We locate our plants in rural areas around the source of our raw material. So it has a significant rural economic benefit as well, both to the suppliers, the corn producers but also to the communities around the plant. I just want to high light a study that was done last year by a consult for the Renewable Fuel Association, which is the industry organization for the ethanol industry. It shows some of the very major economics benefits of the ethanol industry nationally. Including increasing the gross domestic products, creating new jobs and therefore raising income levels across the country, increase tax revenues for all levels of government and because of the ability of ethanol to off set oil imports has a very significant impact on reducing the trade deficit of the US as well.

So just quickly moving on to talk about ethanol production as I said corn is our raw material. We go through a process of mashing, fermentation distillation process, that we have out lined here to produce two products from the plant. Ethanol is the main product, but we also produce as a major secondary product or a co-product from the plant distillers grains which is an animal feed. So from the corn we use all of the corn to produce ethanol or distillers grains. There are no waste products from the plant and it is a very efficient process. In fact this process is an all natural process that is very similar to distilleries and breweries and in fact you know it is the type of process that man has been doing for hundreds if not thousands of years since people started producing their own beer or wine or distilled beverages as well too. It is essentially the same process, but what we do these days in the modern ethanol plant is we operate the plant on a scale with an efficiency never before seen. So the major product is fuel ethanol, it is a high octane gasoline additive with environmental benefits as I have said. Typically mixed with 10% in gasoline and we call that E-10. At that ratio it can be used in all cars and light trucks in the country. So all of the car manufacturers warrant the use of 10% of ethanol blends. In fact many of the car manufactures recommend it for environmental reasons. So it is safe and effective for all cars. There is another type of fuel that ethanol can be used and that is at an 85% blend. We call that E85 and it does take a special designed car called a flexible fuel vehicle, but it can take up to 85% ethanol or E85 in those cars. We think all of the benefits of ethanol that you see at a 10% blend are magnified even more when it’s used in a flexible fuel vehicle at E85. VeraSun is a leader in E85 production in this country in marketing. We have our own brand called VE85 which we now market at over 90 stations through out the Midwest and as far East as Pennsylvania. We’ve partnered with the car companies General Motors and Ford to promote this. We think, it’s kind of like the chicken and the egg. The car companies want to produce more cars, more flexible fuel cars, but they say there isn’t enough fuel available. Well the ethanol company wants to produce more of that fuel, but there aren’t enough vehicles on the road. So we are working with the car companies to try and break that cycle and really promote E85 in many places.

That is just a map showing the States were we are selling the E85 in. We have 30 stations in the greater Chicago area, including one in the State of Indiana. The second product from the plant is distiller grains. This is an important co-product from the ethanol production. Distiller grains are a high energy, high protein animal feed. It’s comprised of all of the non-fermentable components in the corn. So corn is comprised of starch, which is converted to ethanol. Then all of the non-fermentable which is protein, fat and fiber that are in the corn, we collect that in the process and produce a high quality animal feed from that. So we have a very important secondary product from the process. It is ideal for dairy and beef cattle can be used in other livestock as well. I also want to point out that we can sell this product both as a dry distillers which can be shipped anywhere and we ship the product all across the country and some get exported as well. It can produced as a wet product, wet distiller grains which can be used more in the local market. We like to work actively with any local livestock producers to market our distiller grains as much as we can in the local area as well too. VeraSun has just recently started an initiative to start a bio-diesel plant as well as too. This is something new to us, but we think bio-diesel is going to be a growing business in this country as well for many of the same reasons we talk about ethanol as an additive for gasoline. Bio-diesel mixed with diesel has many of the same environment, energy security and economic benefits. So VeraSun has just introduced an innovative process for extracting the corn oil from the distiller’s grains and then collecting that corn oil and converting it to bio-diesel and we will be announcing the construction of our first plant for bio-diesel sometime in the near future. Right now VeraSun has two operating plant. Our first plant came on line in 2003 in Aurora, South Dakota and in 2005 Fort Dodge, Iowa plant started up. Both of those plants are running successfully at or above name plat capacity. We have a plant under construction in Charles City, Iowa which is due to come on line a little bit later this year and we’ve recently started construction on two new plants welcome Minnesota and Hartley, Iowa. I would like to point out that all of these plants are based on essential the same design , so what we are trying to do here is, we’ve been successful in designing, building, starting up and operating this particular design of plant. We have quite a bit of experience now, especially at Aurora that has been operating for 3 years now. These plants are all copies of each other. So we have a good track record in designing, building, and operating these plants. A plant here in White County would be based essentially on the same design using the same engineers and construction copies that we have used in the past.

Quick go through some of the shots, you can see an aerial view of our Aurora, South Dakota Plant that plant is located on about 400 acres of land and you can see it in the back ground of this picture just north of the Town of Aurora, South Dakota. We’ve had very good response from the communities that we work in as well. I’ve got some comments from some of our neighbors in the area around Aurora. I would like to point out Ron Fesler who lives North of the plant right along the main road. He has been very supportive of the plant and we do work with our neighbors as much as possible to make sure any concerns that they may have and as much try to address those concerns right up front in an affective way. Fort Dodge, Iowa as you can see is the same type of design. We are on about 300 acres there just west of Fort Dodge and the Charles City, Iowa plant is under construction now, and again under the same design.

I’ve talked a little bit about the local economic impact these are some numbers from the study that I mentioned that was done for the renewable fuel associations. You can see for a 100 million gallon per year plant, our plants are designed for about 110 millions gallons so these numbers would be comparable. Has a very major economic benefit for the local community. In particular the, our plants would have expenditures in access of $100 million per year for corn purchased alone. We would use over 39 million bushels of corn a year. We have annual expenditures in access of $20 million for operating and maintenance supplies. Will create 50 to 60 new jobs and these are good high paying jobs. We like to think of ourselves as a good employer. We would offer competitive wage and benefit programs for our employees. They are year around jobs, very steady employment and lots of opportunities at all different levels. I’d like to give an example of how you know the employment affects the local communities. The Fort Dodge, Iowa plant manager is a fellow from that area and he grew up just north of the Fort Dodge area, went to the University and got a Chemical Engineering degree and found he had to go away and work. He was working down it he gulf coast for a chemical plant for awhile and ended up working in the Chicago area and his parents sent him a note that was in the local paper that there was going to be an ethanol plant in the area and he applied for the job and he got a chance to move back to the area and with his family and be closer to his family and he really felt strongly that he wanted to raise his family in that area where he grew up. That is the type of thing that this ethanol plant can do and if any of you have children that have an education and had to move away to find job this is the type of opportunity we think we offer to people to find good meaningful employment in the local area or perhaps bring people back to this area that wants to live in it or perhaps bring new people to the county as well. So at this time I would like to ask Darin Fedt to follow the rest of the presentation.

Darin Fedt stated, again I’m Darin Fedt, Director of Corporate Development. We will talk a little more specifically about the site and answer any questions related to that at the close of that. First of all I will show a drawing here of the facility and give you a feeling of the proximity of the site to the Town of Reynolds. We actually have, some of you folks back there, we have a tag board here that maybe we can hold up as well, which will show that as well. That gives you a proximity to the town of Reynolds. Very much like our facility in Aurora, and very much a similar design. This is a closer shot to that. I want to mention as well, the plant itself and the rail loop set on approximately 190 acres of property. We are purchasing about 289 or 290 acres so when Matt mentioned the safety aspect there is plenty of property. We are not pushing the boundaries; we are working with facility and in placing it in ample amount of property. The proposed plant here again would produce 110 million gallons a year of ethanol. That would be a result of purchasing about 39 million bushels of corn. Then the distiller’s grain as well as Matt had mentioned. Matt also mentioned on that previous slide about $100 million in purchases, well some of us know that some of the prices of corn and what that had done, that goes up another $40 million in purchases for the local farmer and commercial. That is a good impact on the community. The transportation the facility is located on the CSX and TPW Railroads. We will ship about 75 cars of ethanol per week. We tend to do a unity train at a time so that will typically be a little more of a train a week. We try to move them all out in one shot if possible. The distillers will ship about 60 cars of distillers per week and again that would the dry distillers. We will be capable of receiving corn by rail. With the corn in the region, the roads will access that East of Highway US 421 and Highway E 100, North a quarter of mile of the administration building. I’m sorry 100 N then we will have a separate entrance for the trucks. Again good safety reasons for that. We have submitted a request in conjunction with the Economic Development and the develop work we have done with the County on Closing Highway North 25 E. for our facility to be on that site. Additional our typically receiving hours are Monday through Friday 8:00 a.m. to 4:30 p.m. There will be times when harvest that we may need to go outside of that for circumstances to help the farmers get the corn out of the field at the times necessary. There will be times where we will receive 600 to 800 trucks of corn per week. That varies based on how much may come in on rail. I’d like to comment on that, we expect that the corn would be coming in on the regional rail more on the TPW, so it is still coming from the Region supporting the economy locally. We will also be shipping out; trucks will also ship out ethanol locally, regionally into the Chicago market, into the Indianapolis Market and around the region. We also will be shipping out the wet distillers and the dry distillers and there will be chemical deliveries. The Utilities will be the nature Gas, I just want to say one thing we are working on a lot of business agreements here to try and finish some things up and nature gas we are working with the NIPSCO, electricity we are working with NIPSCO. Water we are working with wells that we have done test wells on the site and evaluation study and the water is sufficient to provide the facility and operate the facility. Environmental Control air emission permits to be issued by the Indiana, the actual Department of Environment for the air emissions which we have applied for. So we are going through that process. The Thermal Oxidizer will contain, will control the volatile compounds which eliminates much of the odor. Our facility will meet all of the requirements set by the EPA. Our noise again we want to make sure we point out that the plant is on approximately 289 acres for good reason. For buffer zones, it is engineer to control noise, as a matter of fact from the road the measurement have been used in the past and found in the past about 56 decibel levels, which is equal to a refrigerator or coffer percolator. The new technology has been very impressive in the last number of years in the design. Environment controls the water. There is no process waste water, the non-contact cooling water will be discharged to surface water systems and obviously those are approved as well. Safety stand point, as within any facility containing any of these types of products there is a spill containment system with some levees around the facilities, tanks for process fluids will have dikes around them for containment and recovery. A sprinkler system for fire suppression. We will work very closely with the local fire department for whatever needs are needed from our end and their end. I guess at this point we will leave it at that and if there are any questions for us.

President Charles Anderson stated, I’m sure there will be. Commissioners have any questions right now? If not I’m going to turn it over to some people who have questions in the audience.

Chris Fullerton stated, good evening, my name is Chris Fullerton. I live here in Reynolds, Indiana. I’m here to publicly voice my opposition to the proposed ethanol plant just outside of Reynolds. I don’t have any questions, I just want to make a statement and once I make that statement, I will sit down and listen to others opinions. My opinion my not be very popular. I do not believe that an ethanol plant is a good solution for BioTown or White County for the following reasons. BioTown was founded on the principle of creating a community that is totally sustained on bio-renewable energy sources. Ethanol plants typically use nearly as must energy as they produce. The project is intended to make BioTown function in that capacity could never provide power for such a colossal giant as proposed by this plan. Ethanol plants are often powered by coal or nature gas and consume as much as 31,000 of BTU energy for each gallon of ethanol that they produce. This is in addition to the enormous water sources that each plant would consume. Ethanol plants do indeed produce air pollution. On days when the wind is from the North, our town is often subject to objectionable odors from nearby farming operations. These will only be a small inconvenience compared to the air pollution produced by a large ethanol distillery. I don’t believe the plant is in the best interest of White County either. All though this county is primarily an agriculture based community, it is also one that relies heavily on its tourism. This plant could affect that industry. After all how wise is it to place such a giant distiller just 6 or 7 miles directly up wind of the County or perhaps one of the State’s largest tourist attractions. If folks don’t think this is an issue or plants don’t produce objective odors, I suggest you drive down I-65 North of Lafayette when the wind is out of the South. The A.E. Staley plant also meets EPA recommended emissions. It can certainly be smelled from I-65. Find out just how objectionable that smell is to you. Having lived within a few miles of that plant I can attest to the objectionable and almost overwhelming odors that plant produces particularly when the atmosphere is stagnate. Enclosing I would ask the board to consider that folks don’t often realize the adverse the affects things like this construction might have until it is in their back yard. By often it is two late and governing body such as your self tend to take a lot of complaints that they can not solve after the fact do to the decisions that are made and cemented on nights just like this. I beg this board not to allow the community to fall prey to the allure of big monies and to a mediate the needs of its citizens at the cost of its well being and its health of the children. This giant plant is promising big things, but make no mistake it carries a heavy price. What is the heart of a county worth. We allow a few zealous individuals to sell our heart to this plant. Thank you for your time, my your good judgments guide your decision.

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

Matt Janes stated, I really didn’t catch a question there, so it is hard to respond.

President Charles Anderson asked, do we have any other questions? Also as Area Planning and Rezoning as far as coming before this body we have to determine if it is in the best interest of that land to zone it from Agriculture to I-2.

Betty Kleyla stated, I’m Betty Kleyla and I do not live in Reynolds. But I do have land that will adjoin, the new road will be between us and I’m not happy with the Plant at all. One of my questions I have is what will power your plant? Will it be coal?

Matt Janes stated, no, our basic design is that we will use nature gas as the energy source for the plant. So we use nature gas, connected to a pipe line being installed and we use that gas for steam to run the power, but also to burn it for heat to dry the distiller grain so we can produce that as an animal feed. In addition to that, we understand that in BioTown there are some proposals to having digesters as well too. We’ve initiated some discussions as to whether we could use the bio-gas that is produced from the digesters as part of the energy source for the plant.

Betty Kleyla stated, immediately I’m thinking where is all of this power going to come from is there going to be that much you know what manure sewage produced enough to run your plant and to run the people’s home in Reynolds.

President Charles Anderson stated, are you talking about buying fuel and running the electric from NIPSCO they are not talking about producing their own.

Betty Kleyla stated, he said.

President Charles Anderson stated, well that would come from his own fuel that he produces from the fermentation of the corn. Is that what you are talking about or talking about something else?

Matt Janes stated, our basic energy source for the plant is nature gas that is what we designed the plant to use. I understand that there are some proposals in BioTown to install digesters and we just initiated discussions with them to see if it would be possible to use some biogas in our plants as well. How much there is going to be and whether that represents a lot or a little of what we used. I just don’t know right now because those are preliminary.

Betty Kleyla stated, another question. I seen pictures of plants, ethanol plants with big smoke stacks or it is called smoke stacks on the web site anyhow. Where are your smoke stacks.

Matt Janes stated, no on our web site.

Betty Kleyla stated, no not on your web site, we don’t see that stuff on yours. I didn’t go to your web site.

Matt Janes stated, well it is a little hard to see so maybe afterwards if you come out, each of the plants have a stack where the exhaust from our distiller screens dryers. The exhaust from the dryers go through the thermal oxidizer first as an emissions control system, then it goes up the stack and into the air. That stack contains most water that is coming off of the distiller screens and the emissions are the main emission source in the plant that is control by the thermal oxidizer.

Betty Kleyla stated, I would like to make a statement in response to that. According to the US Environmental Protection agency a dry mill manufacturing process at Ethanol plants emits volatile organic compounds and carbon monoxides into the air. The bi-products of the production process include formaldehyde and I will probably pronounce this wrong astimaldenhyde, now don’t tell me that there will be no smell and no hazards involved with such a plant. Those are carcinogens lung carcinogens, those two things. Your thermal oxidizers they put them in to help control, but they do not eliminate either one.

Matt Janes stated, well it is true that anytime that you have a natural gas in our system there are emissions that are given off of that, carbon monoxide is one and also from the drying of the grains there is small amounts of these other compounds that were mentioned. They are classified has hazardous air pollutions and we regulated under the EPA for to limit the emissions of that. Whether it is a health hazard or not is something that we feel strongly that it is not a health hazard because the level that are admitted from the ethanol plant are far below any recognized health hazard that the EPA has established.

Betty Kleyla asked, would you build your house within a quarter of a mile of your plant on the east side of the plant?

Matt Janes stated, I have lived and worked in communities around ethanol plants all of my working career. I’ve been in this business for over 25 years now. So I’ve worked at plants and I’ve built and operated plants in several different communities. I feel very strongly that the plants we build and design and operate in a safe and efficient manner are very good citizens in the community and I don’t believe that there would be any problems with locating a plant in this location. We have 3 years experience now at Aurora and we’ve not had any complaints from the community. As a matter of fact for the most part we have been welcomed by neighbors even in the close proximity of the plant with open arms.

Betty Kleyla stated, I don’t have any more questions, but I do have a presentation I’d like to give, if you’ve got other questions.

President Charles Anderson asked, what does it pertain too?

Betty Kleyla stated, pardon me.

President Charles Anderson asked, what does it pertain too? Does it pertain to the rezoning?

Betty Kleyla stated, yes absolutely. Rezoning of the land and the impact I feel it would have on the community and my farm. My little farm, my daughter’s house which is straight east of the plant.

President Charles Anderson asked, how long is it going to take on?

Betty Kleyla stated, oh not very long, I’ve already presented some of it. You gave them some time now give me some time.

President Charles Anderson stated, I’m giving you time, I’m just asking you a question.

Betty Kleyla stated, I have no idea…

President Charles Anderson stated, don’t get mad at me, I didn’t do anything.

Betty Kleyla stated, I have no idea how long it will take I have not timed myself. I have about two pages.

President Charles Anderson stated, I’m trying to get an idea roughly what it was going to take.

Betty Kleyla stated, okay did you get my letter.

Director Weaver stated, yes, they did get the letter.

Betty Kleyla asked, how long did it take you to read my letter?

President Charles Anderson stated, go ahead and give your…

Betty Kleyla stated, okay I’m Betty Kleyla, I live in Monticello and I have land adjacent to their plant. I’m not happy about it, I have a nice farm I have 77 acres woods in the back ground, deer coming out of the woods, peaceful, and it is just fun to go there. I spent a lot of time at my daughter’s house. I don’t live there, but I spend a lot of time there. This farm borders the property that you want to rezone VeraSun wants to rezone. I’m angry about it, I’m dismayed about it. You read, look on the internet at some of these plants. Read what people say the testimony on what it smells like in these areas. One says it smells like a beer mug sitting around that has dried out, one says it taste yeast batter that has been yeasting for several days. Another says it is a rotten smell and that same article off of the internet says it has a burnt coffee smell which burns some people’s eyes. Besides the smell, they already said there will be trains, there will be noise, one train a week coming in, they are shipping their stuff around in their lot which is close to town by train I suppose, there is going to be noise. It isn’t going to be one time a week I’m sure of that. Of course I’m no expert all I know is what I read on the internet. I already told you what the US Environmental protection agency says about a dry mill manufacturing process.

President Charles Anderson stated, I’m getting confused, I’ll let you take a break and if you want to come back you can.

Betty Kleyla stated, oh I have more and I’m not confused. I’m nervous.

President Charles Anderson stated, you are frustrated, oh I know you are.

Betty Kleyla stated, I’m nervous I’m not use to this, I don’t do this. I had to do this because if I didn’t I would be sorry. These plants use a lot of water. There will be a lot of waste water. Where will it go, can it get into our drinking water? It is biodegradable, but I don’t want to drink it. I don’t want it to get into my daughters drinking water. Also Reynolds is pretty close to this plant as a matter-of-fact Reynolds is wanting to annex it so they can get the tax money. They are not thinking about the expenses that this will be. This plant is going to cost Reynolds some money too because they have roads, they’ve got police, they’ve got fireman that they are going to have to have to take care of to work with them, I don’t know exactly how that goes. Land value near ethanol plant will probably go down. Will out taxes go up to help support this progress? There is a lady in Decatur, Alabama her town wanted to bring in an ethanol plant. She went to work and did some research, she presented a packet of testimonials to the Commissioners or who ever about how the smell and the acid conditions dictate their daily outdoor activities, whether or not they can open their house windows. The packet she handed out also references more than 20 industrial disasters and incidents in connect with ethanol productions. I’m winding it up Charlie. Of course my farm and the home that sets upon it are my main concerns, but I can not fathom why the town board of Reynolds and BioTown organizers and the commissioners would allow a plant to be so close to the town of Reynolds and my farm. Set it somewhere else. BioTown organizer presented a picture of a beautiful modern, economic, and attractive small town perfect. An ethanol plant less than a mile away and within site of a smoke stack, I guess you can’t see admitting nasty odors and carcinogens would not present a desirable place to live. The old residence will be stuck with it if it goes in. The desirable new residence I’m sure will shy away. No one has researched ethanol plants or has been told the truth about ethanol plants would be within several miles of the plant. Few jobs would probably be given to the local man needing a job. It has been said the plant, well they said 50 to 60 employees, but the ethanol producers magazine publish in December of 2006 said that 72% of the employees hold a bachelors degree and in or post grad degree. Their positions are engineering, chemistry, logistic and managerial. 22% has some post high school training or some college, but no degree. Only have 6% have high school diplomas or less. I don’t think the average White County citizen is going to get many of those jobs. Yes it would be to have people like this come into the community, are they going to live in Reynolds. I wonder. The Town is planning to collect taxes on the plant, I already said that, they are not thinking about the expenditures connect. Will the odors and toxic admissions of a near by refinery with a smoke stack make me proud of my ownership of land in Honey Creek in White County. I think not and I said no to the ethanol plant. I’m done Charlie.

President Charles Anderson asked, would you like to respond to any of that?

Matt Janes stated, I would like to just make a couple of comments. There is a stack from the plant, it is from the distiller grain dryers. You can see a steam flue, especially during the cold weather. So in the winter or fall, or earlier spring you can see a steam flume from the plant and I don’t think you can see it in these pictures, but you can see that from our plant and we are not denying. In the summer when the weather gets above 65 the flume pretty much disappears. There was a question about the water. This is a really important issue because it is one of the issues facing the ethanol industry these days is how much water we use. Where does that water end up that type of thing? We will use about 600 gallons per minute of water. It is a significant use of water, there is no question about that. Our plants recycle and reuse that water many, many times over in our process, so the amount of water that we use is, and that we draw from the ground will be relatively small compared to the need of the plants. So we recycle water as much as possible and then we do discharge some water. It is water that is used in our cooling system and in our boiling system. So it is never actually never has come in contact with the ethanol plant process, but it has been used for cooling and other things like that. That will be discharged in to the drainage system that runs through that area and we do need to get a permit for that as well that has been applied for. So I guess to answer, I don’t know if I can answer the question, but what I can do is say we are confident that our design the modern ethanol plant does not have the odor problems and the toxic emissions problems that perhaps some other plants have had in the pass and I’d like to invite anyone and we are open about this, we’d like to invite anyone from municipal officials to anyone who lives in the area to visit one of our plants and come around and talk to people either at our plants or the communities. We feel very confident that our track record is strong of being a good corporate citizen and not causing odor complaints and. As a matter of fact the Aurora plant as been operating for about 3 years and we have never had a complaint from any of the residents.

President Charles Anderson asked, have you had any problems with water tables as far as drawing water for these plants?

Matt Janes stated, well you know I think water is a big issue. In the Aurora plant we have a very good aquifer under our South Dakota plant. So we are able to draw the water we need. We have 3 wells on site that draw 600 gallons per minute is what we use for the plant. We would run 2 of them and let the other one idle. Then just kind of circulate around through the plant that way. We haven’t had any problems with water tables. Fort Dodge we use City water because the local water, we didn’t have any aquifer available to us in that case. Charles City is city water as well. Minnesota we are using wells. It is a unique situation there because of the quality of the water we are having to use, it is a deep well. We are designing a system so we recycle that water even more, and in fact we will not discharge any water from that plant. Harley is on a well and that one is just getting started.

President Charles Anderson asked, on all of these plants, how close are they to the other communities? Are they within 2 miles, 3 miles, I can see by the…

Darin Fedt stated, Aurora is less than a mile of the city. Fort Dodge is and keep in mind it is based on where the railroads are as to the city. In this case Aurora is in a mile and you saw some of the positive comments on the presentation. Fort Dodge is about 4 or 5 miles outside of town. Charles City is a couple of miles out of town. Welcome, Minnesota is within a mile and half of town. Harley is basically right, same as Aurora with in a mile of town.

President Charles Anderson asked, in your opinion what are the others like? What do they smell like to you when they come off?

Matt Janes stated, well the oxidizer is very efficient at removing any odors, so in the past the smell of the drying grain was typically the problems. So some of the comments that she read had to do with a plant like Gopher State, which was right in the City of St. Paul, where they were drying the grain and did not have a thermal oxidizer so there were quite a few complaints about that. In the past the driers where the significant odor problem and the thermal oxidizers have pretty well eliminated the odor from that. In addition to that the fermentation itself generates carbon dioxide. Sometime basically around the plant on a still day you can get that fermentation smell which might be like baking bread or fermenting beer something like that. Those are the types of smells that would be associated, either drying the grain or fermenting the mash.

Darin Fedt stated, the thermal oxidizer is a new technology that we have implemented really been available in the last 4 years. So any of the older plants that would be representative that this plant and technology would be. Especially as a dry mill process. I would also like to mention as well the Town I live in has an ethanol plant, the same design, same builder, same engineering in that town. The facility is virtually directly south of the community swimming pool, and community of 20,000 people with in less of 2 miles. So many people in that community that are alignment or maybe don’t care about agriculture and I hate to say it. There have been no problems there, my kids, my wife and us we are go there. It is a public pool and so when she asked if I would live next door in that same situation. I would.

Chris Fullerton stated, I’m curious a couple of direct questions. One is you seem a bit evasive on the exact water uses can you be more definitive on exactly how much new water you are going to draw off the ground or out side sources for this plant on a daily bases. The second one for the board should this property be rezoned to Industrial and the ethanol plant did not go through.

President Charles Anderson stated, let him answer that question first.

Matt Janes stated, we know without being too specific we will average 600 gallons per minute which is equivalent of about a million gallons per day of water use from our wells. It does vary because of seasonal differences or these types of things. So there are some variations but it averages about 600 gallons a minute. The equivalent to what pivoted irrigators use for a corn field for example.

Chris Fullerton stated, most pivoted irrigators for corn fields are drawn from bios, lakes, and rivers. Our water is drawn from the ground and should you draw our water table low are water in this area has a lot of sulfur content if we go deep. If the town were to have a situation with its water that became a high sulfur condition would you remediate the situation at your cost.

Matt Janes stated, well I think well permitted process does require that the user remediate any affect on neighboring wells that are affected by our use. We would go through the permitting process and we would comply with what ever necessary from the permitting process.

Darin Fedt stated, if I could also comment we will be drawing from a different aquifer for example than the city of Reynolds. City of Reynolds is drawing from an aquifer about 200’ down and we are drawing from an area about 50’. Separate aquifer.

President Charles Anderson stated, your second question was going to be whether we should zone that industrial and leave it that way probably what this board would do is discuss a limited period of time to give to where it would revert back from industrial to agriculture if the plant doesn’t go within so many years. Something like that, that is something that we would discuss as a board here.

Chris Fullerton stated, I certain would hate to see the board give blanket permission for industrial zoning if the ethanol plant for whatever reason failed to go in there. Then have some god forsaken industrial in there that no one can say anything about.

President Charles Anderson stated, we will discuss with the board. Any other questions?

Connie Neininger stated, Connie Neininger White County Economic Development. I have been working with VeraSun since early March of last year. First of all this was not the only company that came to our community looking. Because of the rail infrastructure and the highway infrastructure and the town of Reynolds it is an idea situation for development if we welcome it. I think that is very key there, our community can not stand alone as it is as we can see from the results of the struggles with our School Corporations and I think the tax base that they are going to add can be very key to the development of our whole county. In regards to the training and the jobs, I would rather see 10 companies with 50 to 100 employees then one company with a 1000 employees. If that company closes its doors we see a drastic impact to our community. As far as the training we are working with the State on possibility of some training dollars so we can help train our local residents to work in this type of facility. In fact I just had someone in my office just this past week saying if this comes to town I will be able to move back to my home community because right now I’m working outside of the area because I could not find a job that could support the degree that I have. So there is a lot of economic impact that this type of company will bring to our community. Also on the infrastructure the town of Reynolds is not going to be left holding the bag on the infrastructure improvements. Those are things we are talking about on a County level and with the State, a possibility of how to improve the infrastructure throughout the Reynolds area. So again I would like to add that I strongly support VeraSun because of all of the other companies VeraSun has been very supportive of our community and very interested in the BioTown initiative itself and wanting to find out how they can become involve in the BioTown initiative.

Betty Kleyla stated, I just think what you are saying what you are rezoning this land to, you should say heavy industry instead of just industry. That pretty well pictures it for me, and I don’t think it should be done.

Denny Coffin stated, Denny Coffin, Reynolds, Indiana. I will be one of the bordering neighbors. Just one question, some of our drainage runs across your proposed land and it pretty much drains the Northeast corner of town would that be respected and kept up.

Darin Fedt stated, yes, I believe we got a, we’ve submitted drainage on what we have planned and a permit to the appropriate parties. We did talk about actually, we are not going to change anything to any horrendous we will work with, if it can’t remain in tack we will make sure that it can be worked with so it doesn’t affect anything or anybody the other direction.

Denny Coffin stated, it may need to be upgraded if anything.

Darin Fedt stated, yes and we talked about that, what the situation was so we will make sure what is in existence we will meet that.

Denny Coffin stated, thank you.

President David Stimmel asked, do we have more questions back here?

Bobi Davis stated, I’m Bobi Davis, my husband and I live 100 N. and 25 E. right across the street from the proposed plant. I’ve done a little research on VeraSun and the production of ethanol and I have read nothing but good things about VeraSun and how they build their plants. I’m not a wiz on how the production takes place, but I understand a little bit about it and I have found that they meet all of the requirements; all other plants that they have built have been up to standard. They are not paying me to say this; I don’t even know these guys. Do I want them across the street from me, probably not because it is going to take away my rural setting and it is going to increase traffic on the road? Do I think it is best for White County and Reynolds, most definitely, so if it means pushing back my retirement or my husband’s I’m all for the plant.

President David Stimmel asked, any other questions?

Steve Salomon stated, I’m Steve Salomon and I’m a residence of Reynolds and employed at Excel Co-op. I’ve got 2 questions for these gentlemen. One is I do you know that there is a lot of carbon monoxide produced in the process? Is the carbon monoxide burned off in the thermal process? Because some facilities will try to capture that material and carbon monoxide is produced in quite a large quantity in that process.

Matt Janes stated, right, carbon dioxide is given off in the fermentors and I’m not sure if anyone has ever made their own wine or beer, but it is a similar process. You see it bubbling up well that is carbon dioxide that is given off by the fermentors. The same thing in our case, now you are right some plants have been able to capture that and market it for beverage producers for making the fizz in pop or these types of things. So far we have not been able to find that type of arrange for our plants. We are always open to do that capture the CO2 and maybe find another market for it. In the mean time what happens to the carbon dioxide and I want to be really clear about this. It is not a green house gas where if you burn gasoline and the CO2 that is produce goes up into the atmosphere. The carbon dioxide that is given off from fermentors comes from the corn and it is actually used by the corn in the next growing season. So it is a close loop on the carbon dioxide. So yes we would like to be able to market it, but in the mean time it is used in the next cycle of growing corn.

Steve Salomon stated, I do work with the I.B.E.T. Ethanol Plant in Rennselaer they have hired me and my company to do some environmental and safety work with them and I have become very familiar with the process. The next question I have is, has there been any analysis of the additional positive economical impact it will have just above and beyond the construction of the facility and also the addition to the jobs at the facility? That is what other things does it add to the community, township, and the County from an economic stand point other than just the plant itself?

Darin Fedt stated, that was a part of our presentation which it my have been difficult to see. On a 100 million gallon plant the employment jobs it is called Annually, Locally, Economic impact and the source of the study is the LECG study prepared for renewable fuel associates February 2006, which I believe would be on their web sites. The total number of jobs for a 100 million gallons a year plant is 1573 jobs that mushrooms out when additional growth occurs. I was going to mention that in response to the comments about the education levels and helping some of the other people get the jobs.

Steve Salomon stated, I want to go on record saying that I’m in favor of this project and I have always been in favor of economical development particularly if it is managed properly and you have a good responsible company who would come to the community and the county. I think that is all we are looking for. Thank you.

President Charles Anderson stated, I think we had a question about right of ways through this property. Any other questions?

Jim Wooten stated, I’m Jim Wooten, I’m on 300 E. I’m up in the air about the plant. I don’t care one way or the other. Direct question, my concern is particulate matter emissions. You have a lot of specifics, what can we expect from a particle matter down wind? I’m only 3 miles away from the plant. Odor being a major concern. How much are you going to put out?

Matt Janes stated, in particulate matter well our other plants are permitted under EPA permits administrated by the State as a minor source. It is a category in the EPA process and we expect this one will also be a minor source. The allowable limit as a minor source is a 100 tons per year of particulate matter. Our testing at the other plants shows that we are less than that so we meet the requirements of a minor source. The sources of the particulate matter are primarily grain handling so receiving the corn, grinding it and that type of thing. The way we control particulate matter in the plant is with the use of bag houses. So the air that passes through the hammer mile has to pass through a bag house before it goes up into the atmosphere.

Jim Wooten stated, okay, I’m speaking specifically as an emission not any matter from the corn or the dust. If I understand it correctly the EPA allows so many credits, you are allowed credits of particulate matter. Am I mistaken there?

Matt Janes stated, well the way I understand the permitting we have to stay within that certain maximum allowable on an annual basis for the amount that we can emit.

Jim Wooten asked, have you ever exceeded that amount?

Matt Janes stated, no we have never been in any permit violation at any of our plants.

Jim Wooten stated, none of your plants have ever exceeded the amount of allowable to your permit of particulate matter.

Matt Janes stated, that is correct.

Jim Wooten stated, okay, thank you.

President Charles Anderson asked, any more questions at all?

Leroy Cosgray stated, Leroy Cosgray, Buffalo Indiana. They are bad mouthing ethanol quit a bit. I’ve been involved with the one in Rensselaer. We tried for 5 years in April when we started that plant. Went and seen all of the farmers around and they wouldn’t put any money into it. So we got a private investor and we put it up. Now these people who didn’t want to put any money into it they would like to be in it now because it is a good deal. As far as the smell, I don’t think the smell is going to bother you because of the new technology. We’ve been in Minnesota and Ron was our Main builder.

Matt Janes stated, out of Grad Falls, Minnesota.

Leroy Cosgray stated, yes and I don’t see a problem with it myself. I’d like to see it go for the community. That is all I have to say.

President Charles Anderson asked, does anybody have anything new that they want to bring to the floor?

Charles VanVoorst stated, Charlie VanVoorst president of the Reynolds Town Council. I would just like to say that I have worked with VeraSun through this whole process and I don’t think we could as for better people to build this plant if it is rezoned. To Betty’s questions about or her thoughts on what it was going to do to her property. I feel for her and I understand where she is coming from. I think once you do get to work with VeraSun if they are approved for this I think you will find out that they are willing to work with you and will help resolve any problems that there are. Denny Coffin with the water drainage and we have addressed that and they are willing to take care of that we don’t have a problem with drainage in that area. I think the economic benefits out way any negatives that there would be. As far as the BioTown idea it fits perfectly into what we are trying to do over there. Renewable energy, the possibility of producing some energy to give back to them. Which would elevate some of the NIPSCO usage. There are a lot of good things to come out of this and I believe the whole community is going to win with this. Our schools need help small town of Reynolds needs help with tax dollars. I think this is a great fit for our community and I’m for that. I hope you see fit to vote that way.

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

Don Ward stated, you said there would be 600 to 800 trucks per week.

Matt Janes stated, yes.

Don Ward stated, is that grain coming in and out?

Matt Janes stated, I think that number was just the corn. The plant will grind about 120,000 bushels a day. The plant itself is a 24 hour a day, 7 day a week operation. We grind about 120,000 bushel a day. We normally just have our corn truck receiving facility open during the normal business hours 5 days a week. Maybe 8 or 9 hours a day depending on the circumstances. That number equates to the corn trucks required for the plant. Does that answer the question?

Don Ward stated, yes, do you unload inside the building when you unload a truck?

Matt Janes stated, yes. We would have two truck receiving lanes they are both inside the building. Can’t see it very well, the building is here and I would be happy to point it out after the meeting, but it is inside the building.

Jim Mann stated, you laid out this plan for what you want to do in the near future if this all works out. What about in 5 years from now or 8 years or 10 years, if things go well do you will you envision to continuing to expand the operations?

Darin Fedt stated, yes expand or if anything add to. We have a bio-diesel. We talked about the bio-diesel and we hope that someday that can be included in the facility there. Or at least utilize the product there. We want to make a good business decision anytime that would be in consideration we take in to consideration of all of the requirements for that situation, local infrastructure and wants and needs, so we will move along with our program and hopefully if that becomes something that is desirable and beneficial to all and meets our core values we will do that.

Matt Janes stated, I think the main that is that you know as long as the market for ethanol continues to grow and we do see it growing. It is growing significantly right now, as long as the market continues to grow then we will be looking to add production whether it is adding on to or expanding our existing facilities, that would be a very good way for us to continue to grow and to meet the demands of the market as well.

President Charles Anderson stated, on the property before us to rezone, if we do rezone how long do you propose that it would take before you are up and operational.

Daren Fedt stated, we have some business agreements to finish, this is a piece of the puzzle. We are kind of going through the things that we can solidify and say that we have checked that off and some of the business agreements deal with things to just finish up to give us the complete answers. So at this point we really couldn’t say we are considering you know other sites as well and both as far as yea or nay but also as far as what order we might build them. Will work with all of those and we would like to do it as soon as we can if all falls together and everything can come into place with business agreements. Hopefully that is a sufficient answer for you.

President Charles Anderson stated, one of the concerns that we might have on this is if we rezone this to industrial, the heavy industrial, and the plant doesn’t develop and that land stays that way, then there is no control for us on what would go in an area like that. So is there a reasonable limit that you guys think you would need to…

Matt Janes stated, well I can tell you that like Darin said we are going to work as quickly as we can and as hard as we can to get this done and then once we do get all of the preparation necessary then it takes some where 16 months to build the plant. So we are talking about something that before it is in operations.

President Charles Anderson stated, you would know like 2 years if everything was going to go.

Matt Janes stated, well sure, I would hope so. I’m reluctant to give you a specific time, but I can say that if you did put a time limit we would certainly keep in contact with you and make sure that we meet your requirements and if for some reason we didn’t we would appear before the commission again and discuss that with you openly.

President Charles Anderson stated, I think something like that could be set up where there could be an extension on something like that too. If that was necessary, I don’t know.

Attorney Altman asked, would you be willing to enter into a commitment that the use you would have for the subject real estate would only be for an ethanol or a bio-diesel plant and that you would do have and do that with diligent and do dispatch?

President Charles Anderson stated, would that be with the landowner because they haven’t purchased the land yet.

Scott Federoff stated, we would have to confirm on that a little bit because…

Attorney Altman stated, I’m just trying to gets some words to put this together so it isn’t opened ended, but yet we are not trying to put a straight jacket on either. The other thing is of course we would want you to agree to that your operation would be consist and apply with all other permits, ordinance and laws and that sort of thing for an ethanol plant and a bio-diesel plant. I think that is pretty much standard operating procedures.

Matt Janes stated, absolutely, no problem.

Attorney Altman stated, I’m just thinking that if we put it in that kind of a frame work then we are protected and you have the latitude to get done what you wish to do.

Matt Janes stated, the only concern that I would have is we can not tell what will happen in the future and if we wanted to put on for example a carbon dioxide plant in the future would there be a process for us to come back and get a usage permit for any of those types of things. This is a zoning not a usage.

Attorney Altman stated, well commitments can be can put that kind of frame work in there.

Matt Janes stated, we would certainly be willing to talk to you and look at what ever you are proposing and other than that it is hard for me to say.

Attorney Altman stated, it is hard for me to know that right now here to.

Connie Neininger asked, is it possible to approve the zoning upon the purchase of the land by VeraSun? At this point and time the land is still owned by the property owners.

President Charles Anderson stated, yes, I know that.

Attorney Altman stated, sure can, but again I think we want to be sure that the proposed usage is..

President Charles Anderson stated, I don’t think we need to get into the usage, that is what they are wanting to do with it. VeraSun is wanting to do with...

Attorney Altman stated, yeah, but you don’t just want it I-1.

Connie Neininger stated, that is what the request is.

Attorney Altman stated, I understand.

Don Ward stated, we also want it to revert back to agriculture if the deal falls through.

President Charles Anderson stated, but what he is saying there are other things to go along with the ethanol plant that we would restrict on if we restricted it to the ethanol plant.

Attorney Altman stated, well then if they wanted to add something like a CO2 condenser I think that would be consistent with your testimony today, that sort of thing would be an advantage use. I think there would be no trouble with that.

Matt Janes stated, so you have ability to zone it heavy industrial and put land use conditions on it.

Attorney Altman stated, yes, consistent with your testimony tonight.

Matt Janes stated, so I believe as long as it is consistent with what we are saying and we have the opportunity to address it again in the future in case something new comes us we would perhaps go through this process again.

President Charles Anderson stated, yes, you have the right to do that.

Attorney Altman stated, you bet.

Matt Janes stated, I think that would be something, obviously we would have to see the wording but I think that is something we would be able to go along with.

Attorney Altman stated, okay.

President Charles Anderson stated, I want to talk to the commissioners about this and discuss it. Do you guys have any?

Jim Mann asked, if it is rezoned we can bring it back to the original zoning?

President Charles Anderson stated, if they decided to do that, only if you put it in before we rezone it. Once it is rezone, it would have to come back before us to rezone it back. The land owner would have to bring it back if the land wasn’t purchased and rezone it back to agriculture. We can’t put it in where we can rezone it and have it revert back if it doesn’t go for the particular uses you are talking about.

Attorney Altman stated, that is why I’m thinking that, you have to decide that, I’m not deciding that.

Scott Federoff stated, I’m an attorney from Ft. Wayne here with VeraSun and I’ve addressed this with some other uses in the pass and the municipal where the county who ever has jurisdiction if VeraSun backs out and it didn’t happen has the ability to bring a rezoning petition itself. You do not have to have the landowner do it? I’m not aware that conditional zoning as far as a reverter rezoning. I haven’t seen that and I don’t believe you will find that under case law, but it is possible.

Attorney Altman stated, you can have a commitment.

Scott Federoff stated, you can have a commitment, but you can’t have a conditional zoning where after 5 years it reverts back automatically.

Attorney Altman stated, that is right, that is why I asked him if they would commit to do that.

Scott Federoff stated, I think we can set down with your permitted uses in an I-2 district and strike someone that you feel strongly about that you don’t want to see there and it would still co-inside with VeraSun over all corporate pictures. What is there probably 20 30 permitted uses in an I-2 district here. Some special use conditions as well. I think we can we can work towards a written commitment that will satisfy Area Plan and County Commissioners as we as VeraSun. There are certainly uses on that list that they have no intentions and no for seeable use for that property and it is also the landowners, so if they don’t buy it they are stuck with it also. I think we can all work together to a proper written commitment. Thank you.

President Charles Anderson asked, do the commissioners have any thing to reply to that?

Don Ward stated, it sounds good to me.

President Charles Anderson asked, how do we go about stating that? Conditional?

Attorney Altman stated, that they will enter into a commitment that their proposal used will be for an ethanol plant and bio-diesel or an agile use.

President Charles Anderson stated, their attorney stated they could take off uses.

Scott Federoff stated, the way I have done this in the past in other jurisdiction is you go through the permitted use list in an I-2. Those are the ones permitted by right. You go through and we look at what uses would not interfere with their development and potential development and that way you won’t have, I can’t remember all of the steel mill for instant, we are not going to do a steel mill on the property. Strike that off. I think you need to look at the permitted uses under the zoning ordinance and strike the ones that both parties can agree the property won’t hinder them and you won’t be worried what comes in if VeraSun is not there. Again the County or the City if it was annexed whoever has the jurisdiction has the ability to go in and apply to zone it back to agriculture as well.

Attorney Altman stated, I guess we have the time, I would suggest that we have the time because whatever the vote is this evening it then goes to the County Commissioners and it gives us a week to work that down to a permitted use that they agree to and the County Commissioners would agree to and at a public meeting. Does that sound reasonable?

Scott Federoff stated, yes, it is their decision.

President Charles Anderson stated, the county commissioners are here do any of you have anything to say about the.

John Heimlich stated, with out referring to legal council, it seems to me like you just could make it conditional on VeraSun exercising the options to buy the property. Because that, that is all VeraSun does is ethanol plants. If you are worried about I don’t know a foundry or a hog packing plant or something going in, if VeraSun buys it that is not going to happen. Does that sound reasonable?

President Charles Anderson stated, well we are back to it, that would be the commitment.

Scott Federoff stated, yeah that would be conditional zoning and you can not have that under Indiana Law. It is just not a possibility under the way because it is a legislative change to your zoning ordinance.

President Charles Anderson asked, do the commissioners have any other questions about this?

David Rosenbarger asked, how do we write that up for a vote?

President Charles Anderson stated, conditions on before it goes to the County Commissioners that they restrict or strike the…

Scott Federoff stated, strike the offensive permitted uses in an I-2.

Attorney Altman stated, I would certainly like to work with Mr. Loy and the County Commissioners on that list.

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

Attorney Altman stated, based on that understanding striking offensive uses.

Without further discussion the board voted.

The results of the vote were as follows: 7 affirmative and 0 negative. This will be presented to the County Commissioners for their action on Monday, January 15, 2007 at 9:30 a.m.

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#309 Tippecanoe Country Club, Inc.; Requesting approval of a 3 lot subdivision to be known as Tippecanoe Country Club Fairways Addition #2, on .910 of an acre, Part of Tract “C” in Tippecanoe Country Club Fairways Addition. The property is located in Union Township, North of Monticello on Lakeshore Drive. Tabled from December 12, 2006.

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

Jack Custer stated, I’m Jack Custer, I’m on the Board. You were requesting the lot sizes and I have checked and there are a lot of houses that can built on a 28’ depth. There was something about the septic. They have been abandoned and they were abandoned last spring when the new sewer system went in.

President Charles Anderson stated, it wasn’t septic it was leach beds that was over there.

Jack Custer stated, leach beds and they have been abandoned.

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

Director Weaver stated, we have received a letter regarding this request today. It is in the file and the board has copies of it with your pictures.

Attorney Altman stated, this is from Doctor Bradley. (He proceeded to read the letter. See file for copy of letter.) Anything else Diann?

Director Weaver stated, no.

President Charles Anderson stated, these lots right now the area is in play with the golf course. It is not out of bounds.

Jack Custer stated, no.

President Charles Anderson stated, we had some concerns about that, golf balls striking people if they move into there.

Jack Custer stated, well there are houses right next to it that play right along the far way too.

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

Mary Lou Anderson stated, I have some questions; I have lived there for a long time. I live a little to the south were the first groups lives. I have lived there a long time. We are concerned not only about the golf balls, but about the increase of traffic. It is a dead end road. Any traffic that goes North passed that has to go back South passed us. There is no outlet. This is a safety hazard along with other things because back at the end of the road people think they can walk out into the road without looking both ways for traffic. Not only that golf balls land in our yard and we are further away from this. That is a concern. Even yours.

President Charles Anderson asked, is that road dedicated to the County?

Mary Lou Anderson stated, yes, it is a county road, we closed, there use to be a road that went to the north end on out to the country club corner. Those of us who lived there signed off on the road to close so they can make it a county road. The road as it is now is the first 30’ is in the Recreation Park, so only 10’ came off of the Country clubs area to make a 40’ road. I don’t feel it is being fair to everybody in the area to put in another subdivision especially down the road the people who are investing in it and want to do it have condos and apartment buildings in Indianapolis, that is how they make their money and that is a concern that would be down the road from us. We will just be back in here objecting to that should that come up too. I really feel that we are not people who have spent a lot of money for these lots and the view, we would be loosing a great deal of what they invested in. We would be better served to look at it real closely. I have nothing against the County Club I just think leave the area alone. It has been pretty good like it is.

President Charles Anderson asked, do we have anyone else with questions?

Jim Kragh stated, I’m Jim Kragh and I live across the street from this proposed subdivision. As I stated, last month, golf balls do land in our front yard, I know at that time it wasn’t a big issue with the board, but Terry you are a golfer, and Jack you are a golfer, golf balls land on that property regularly, would you agree to that. It is a dangerous piece of property to put a subdivision on. Would you put a subdivision next to a rifle range. They can shoot a rifle a lot straighter than they can a golf ball. So golfers are all over that.

President Charles Anderson stated, a rifle range would be set up a lot safer than a golf range.

Jim Kragh stated, golf balls travel over 100 mph.

President Charles Anderson stated, I’m saying a rifle range would be set up a lot safer than a golf course, so I agree with you.

Jim Kragh stated, another thing the chemicals and the leach system. I have lived there for 18 years and I have to admit I have poured petroleum products, chlorate, lead paint, when my wife painted the house and we cleaned out the brushes only in the garage sink. I know my other neighbors and that stuff is out-lawed now and the previous 20 years before I lived there how much more of that stuff has been poured on to those lots. I don’t think you can drill a well 50’ from those leach systems and still stay in the boundaries of those proposed lots. Has the local health department done any core drilling to test for any contaminates.

President Charles Anderson stated, they wouldn’t be able to do that unless they were subdivided into lots, no one can do that ahead of time.

Jim Kragh stated, I really think there are some serious issues that have to be considered before you subdivide that. I have some neighbors here would like to say some things.

President Charles Anderson stated, anybody else have questions?

Dan Banes stated, I’m Dan Banes, White County Health Department. If there are any problems with the soil it can always be dug out and put new soil in. You are only talking about 2’ of soil, so if that is a problem it won’t be.

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

Garry Sacks stated, I’m Garry Sacks and I live at 3348 N. Lake Shore Drive. I’ve got the brink house and I have more golf balls then anybody else, so if anyone needs them I have some. In fact my neighbors we were talking about getting some trees trimmed and a golf ball sails over both of our heads and almost hits us. This is 20’ to 30’ in our yards and that guy has the nerve to come get the golf ball. We see guys come all the time to find golf balls. You are cooking dinner and there is a stranger coming in your yard. I don’t know if you are going to put up a fence, we have put up a fence to block the strangers from coming in the yard. Having strangers in your yard is not safe either. Golf balls are dangerous. I get the bulk of it, I have another hole by my window and I’ve owned the house less than year and I was told that house was hit many times and my broken windows. My thing is the safety having strangers in your yard. If you are going to build houses just north of there, there is going to be a lot more balls in their yards then my. The guys are hitting the balls longer now. That hold is usually they have the long drive and right where my back yard is and then the guys who don’t hit the golf ball that good that is their second shot. Golf ball safety is my concern.

President Charles Anderson stated, all right, we know the road is narrow back in that area, we’ve got the problem with the golf balls and the problem with the leach on the area too. Does anyone have anything different to state about that none of those 3 things? Come forwards.

Sharon Currier stated, my name is Sharon Currier and I live at 3407 N. Lake Shore Drive. We’ve just been here approximately 6 months. My concern is and I may be wrong, but it is a concern that is a tiny little street when it rains, just to do out and get our mail you practically have to put my boots on. We have a major flooding problem on that street and I’m just wondering if they were to sell and build how that drainage situation would be, it seems to me it would be worse then ever. Right now you have all of that ground to absorb everything. Obviously if you start putting in concrete and what have you, for me personally it really is a problem.

President Charles Anderson asked, do you want to make any statement about that?

Terry Smith stated, I’m Terry Smith and I represent the Country Club, I’m here late because I thought we were after VeraSun, but obviously it got moved up. I apologize. The club is before you to plat a subdivision not to build, not to sell homes, not to dig out dirt. At this point it would be my opinion if the Country Club has submitted a plat which complies with the Subdivision ordinance that is all before you. If somebody wants to build a home there at some point and time, they are assuming the risk of flying golf balls. The health department when a person comes to get a building permit can take steps to make sure all of the request health concerns have been meet or they won’t issue the permit. That is why we have inspector and that is why we have a health inspector. I understand the concerns, those concerns in my opinion aren’t before you tonight. We are just here to subdivide the ground, not to build on the ground. That comes at a later time and you can always reject that.

President Charles Anderson stated, the only way the board can turn this down is there is some type of a public health problem so they do have a right to speak.

Terry Smith stated, I understand that. The health issue is going to be raised when someone tried to build on it.

President Charles Anderson asked, would you like to build on it?

Terry Smith stated, would I, but I probably wouldn’t, but that doesn’t mean someone wouldn’t.

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

Don Ward asked, what about the drainage problem?

Terry Smith stated, I didn’t know there was a drainage problem.

Jack Custer stated, I didn’t think there was, I thought we had submitted drainage plans

Director Weaver stated, we have a letter in our file from the County Surveyor where they were approved from an exemption from the Drainage ordinance.

Don Ward stated, well the road is wider than 10’ or at least the right of way.

Terry Smith stated, I don’t think they intend on expanding the road.

Don Ward stated, you don’t think they are going to widen it. At least they have the right of way.

Terry Smith stated, the right of way is there for the road and the utilities I think.

President Charles Anderson asked, do any of the other commissioners have any questions? The only way we can turn this subdivision down is on the public health problem.

Attorney Altman stated, or if it doesn’t meet the standards of the Subdivision control ordinance. Either way you’ve got to give them a list of what they have to do to comply. Yes.

President Charles Anderson asked, any other questions on this request? It has met all of the subdivision ordinances?

Director Weaver stated, yes it has.

Attorney Altman stated, the physical points, yes, setbacks, size.

President Charles Anderson asked, are there any improvements that have to be met on it?

Director Weaver stated, no, not that I’m aware of.

President Charles Anderson asked, are there any other questions at all in audience, anything new, if there is something new we haven’t addressed?

Howard Currier stated, I was just wondering what the size is? I know that last time we were here we talked about the sizes of the lots as far as what can be built on these lots. Let’s say my house is across the street and it is $200,000 and you build a small building over there because they are small lots for $100,000 you are going to bring the value of our houses down. I don’t believe that is right, if they want to sell this property, sell it and make it a contingency that there are no buildings that can be put on it. For safety, health issues, and everything else, everything mentioned tonight should be taken into consideration and be considered. I had no idea, I mean none of us have a problem with selling the property as long as there is a contingency not to build houses.

President Charles Anderson stated, yeah we can’t.

Howard Currier stated, if someone wants to buy the property to just have property so there is nothing built there, that is just fine.

David Rosenbarger stated, well the restrictions form the Tippecanoe Country Club Fairways addition has to be at least 1200 sq. ft. to fit in there. Long skinny one, but it will fit.

Howard Currier stated, well I know all of you people have homes and if you lived in a home and someone built something across the street that is a cigar box and bring the value of the home down, I know you would be up here complaining too.

President Charles Anderson asked, are there anymore questions from the Commissioners?

If you do feel that there is a public health concern here, can you abstain from voting or do you have to give them conditions and vote?

Attorney Altman stated, voting of abstaining is considered as a positive vote by the case law, so if you vote you need to put down how you vote and the conditions on there.

President Charles Anderson stated, okay the control ordinance has been meet, but what would it be no the health..

Attorney Altman stated, then you indicate that it has not been meet because of that.

President Charles Anderson stated, okay.

Without further discussion the board voted.

The Primary Approval for a 3 lot subdivision to be known as Tippecanoe Country Club Fairways Addition #2. Subdivision was approved by a vote of 6 to 1, 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 Tippecanoe Country Club Fairways Addition #2 Subdivision was approved by a vote of 6 to 1, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met.

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#310 Mary Whitman; Requesting secondary approval of a 3 lot subdivision to be known as Paradise Valley, containing 1.377 acres, part of Lot 5 in Boessel Subdivision No. 2. The property is located in Monon Township, East of Monon at 6464 N. Bedford Bay Court.

President Charles Anderson stated, we had several things we wanted her to do on the Secondary plat and as far as I can see it has all been meet on the secondary plat. We’ve got a new plat here with everything on it. Do any of the Commissioners have any questions on this request?

Mary Whitman stated, I just have one thing I would like to say. I feel from the experience that I have gone through first I would like to thank Dennis Sterrett and Dave Scott because they have been extremely helpful. This has been the most challenging experience to try to rezone and subdivide I have ever had. I feel for the next person who is coming into the area or wants to subdivide that Area Plan should supply them with an itinerary of what is expected from the beginning to the end. I have gotten complete half information all of the time. All the way down to this meeting. Last meeting it was stated that you wanted a 50’ easement and I still don’t approve of it, but if this is what it takes to subdivide then you got to do what you got to do. Then you wanted the setbacks, on Friday I get a letter I knew it. Before every meeting either Friday of the day of I have a letter that says we need 3 more little things to get the job done. Diann you have said over and over I have 60 days to review, I have 30 days to review, you had 29 days to review I should not have gotten a letter on Friday. This is, let me talk a minute. This is what we should do here. It is sad when I have to go get an attorney to spend $450 to get a piece of paper from Area Plan because they don’t want to pull it out of the computer. It cost me $450 to get attorney Blair to get me a piece of paper and then that wasn’t even correct. All I’m saying to subdivide it needs to be made easier. I hope in the future if you ever need anything that someone gives you a friendly smile and helpful more than you have been to me.

Director Weaver stated, I apologize, but I have tried to be helpful to you and the reason you didn’t get a letter until last Friday regarding your secondary plat is because I did not receive it until 3:30 the previous Friday. We were preparing the documentation to send to the board. It was also stated in your letter that you received the first time that it was your responsibility to make sure that your surveyor provided the information.

Mary Whitman stated, right.

Director Weaver stated, and the only reason I got in on that Friday was because I called Mr. Milligan and told him I had to have it in order for you to be on the agenda. So I have tried to help you.

Mary Whitman stated, right, but you know what like you say I have 60 days to review I have 30 days to review, when you tell me that there are changes the day before the meeting where do I have time to review I can’t review anything. A lot of times right before it has happened it is like, well you are going to have to put it on the next agenda because I didn’t have time to review that is all I’m saying on it.

President Charles Anderson stated, okay Commissioners have anything about this request?

Attorney Altman stated, the 3 things we asked was the 50’ ingress/egress for lot 1, the setbacks lines on lot 1 and we also required it showed if they are going to build on lot 1 it be above the 654 line and it also got on there just today. That is required by the laws of the State of Indiana.

Mary Whitman stated, am I going to have a hard time getting a building permit and all of that.

Director Weaver stated, that is all handled through the building department.

Mary Whitman stated, the reason I’m asking is I was told on Friday that my house home could come down and apply for the permit because it had to be reviewed for 10 days, they did that Friday and then they called me and said they were unable to get the building permit because we needed a copy of the deed. That was not told to me to tell them, so they came down here unnecessarily. That is why I’m asking you is it going to be another problem trying to get a building permit.

President Charles Anderson stated, that is not through us.

Director Weaver stated, that is the Building Department.

President Charles Anderson stated, the Building Department takes care of that and that should be handled alright there.

Director Weaver stated, they have a handout there that tells her exactly what she needs.

The Secondary Approval request for a subdivision to be known as Paradise Valley Subdivision was approved by a vote of 7 to 0, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met.

President Charles Anderson stated, I would like to apologize for all of the hassle you have had and hopefully we can get everything working smoothly in the Area Plan office.

****

President Charles Anderson asked, is there anyone here for Fontanyi? I guess not. Okay Cheryl will you come forwards please?

Cheryl Danford stated, okay my name is Cheryl Danford. I’m coming before the board because I’ve lived at the residence for 23 years. We have had no problem before with parking our vehicles at our house in regards to our trucking company. We don’t really run a business from our house, we don’t have employees, we don’t collect merchandise there, we don’t sell things. It is just my husband’s trucks at our house for our purposes. The reason we have so many there at our house is depending on what kind of load he would haul of newspaper products that night would depend on what size truck he would take. We also had one if I need to go get him if he would have trouble basically he needs that transportation to and from his work.

President Charles Anderson stated, so basically the business was never ran out of your house.

Cheryl Danford stated, correct, he is contracted through the star and other companies. He just works for those companies.

President Charles Anderson asked, does he haul those papers to people who deliver?

Cheryl Danford stated, yes he hauls them to other…

President Charles Anderson stated, delivery people. So he picks up everything down in Indianapolis.

Cheryl Danford stated, yes, and he goes to Crawfordsville and over to Illinois and Lafayette, Frankfort. He goes to vicinities, he doesn’t bring them back to our house the product at all.

President Charles Anderson stated, but he is using two different trucks.

Cheryl Danford stated, yes.

President Charles Anderson asked, did a neighbor complain?

Director Weaver stated, we did have a complaint on it, yes that is why I pursued this. The Danfords have been very cooperative and immediate response.

David Rosenbarger stated, I’m confused what is the violation?

Director Weaver stated, the trucks, we had a report that they were doing a trucking business and they did have 3 commercial trucks sitting on the property.

David Rosenbarger asked, do you advertise?

Cheryl Danford stated, no advertising, only the logo on the truck. That is what gave it away.

Director Weaver stated, the trucks did have a logo.

David Rosenbarger stated, my trucks has a logo on it and sits in my driveway.

Director Weaver stated, you don’t have 3 of them sitting there.

President Charles Anderson asked, is there a limit on what you can park in the drive?

Greg Bossaer stated, I’m looking at these and they are not big trucks, they are almost a ton chaise.

Director Weaver stated, you have to understand until the Danfords came in I wasn’t aware of what the status was.

David Rosenbarger stated, that is what I’m getting at, I’m looking at these and they look like ton chaise, that is the same as a ton pickup.

Cheryl Danford stated, we park in the driveway, not the street, our drive is big enough for them.

President Charles Anderson stated, so legally are you running a business out of your house?

Attorney Altman stated, it doesn’t sound like it to me.

David Rosenbarger stated, if you are not putting a sign in the yard and not advertising in the yellow pages with that address.

Jim Mann stated, we have people in town who own semi who have it parked up on their drive. The city has a concern about it being on the street and the ordinance encourages parking on the property of the homeowner right on their drive.

President Charles Anderson stated, as long as it is off the street.

Jim Mann stated, no, don’t take my comments to heart I don’t recall a limit. The wording is the trucks have to be up off of the street on to a driveway and it doesn’t specific that it has to be black top just so it was a driveway.

President Charles Anderson asked, as soon as you heard this came?

Cheryl Danford stated, I called her the day I got the letter.

Director Weaver stated, as soon as she got the letter she called me.

President Charles Anderson asked, you have moved one of the trucks off and parked it somewhere else?

Cheryl Danford stated, we’ve moved the two red trucks. They are completely gone from our property. The only one on our property is the white truck because she said we could only have one on the property so we got it so we only have one on the property.

Director Weaver stated, they also talked to Jay Clawson regarding this and Jay advised them also that one is okay.

David Scott asked, is that creating a hardship for you? Can you do this all the time?

Cheryl Danford stated, it does to an extent if my husband would break down, then I’ve got to go track down the other truck.

David Scott asked, you don’t have any other place else that you can park these? I don’t really see anything wrong with it, if I lived next to it I may not like it.

Cheryl Danford stated, correct.

David Scott stated, do you have any options as far as somewhere else you can park them?

President Charles Anderson stated, she does now.

David Rosenbarger stated, she does now.

David Scott stated, I mean permanently.

Cheryl Danford stated, other than if we can keep another one there.

David Scott stated, I don’t think one truck is all that offensive. I’m not sure we can stop her from parking all of them there.

David Rosenbarger stated, well that is what I’m wondering.

Director Weaver stated, the ordinance doesn’t say at what point it becomes a trucking business.

David Rosenbarger stated, well I thought we got into that when defining a business by advertising it in the newspaper, phone book or putting a sign in the front yard.

Cheryl Danford stated, our name isn’t even in the phone book.

Attorney Altman stated, those are the things that we do look at.

President Charles Anderson stated, the trouble is the neighbors keep complaining probably if you continue to have that many trucks there. I don’t think.

Don Ward stated, well there is a neighbor policy you kind of got to be nice to your neighbors too. I can’t see…

President Charles Anderson stated, I can’t see a limit.

Director Weaver stated, another thing to Dave I did go on to the internet and their trucks, they have, they are licensed through the State to have D & S Danford.

Cheryl Danford stated, D & S Danford Trucking Inc on the side of the truck, yes it is.

Director Weaver stated, and to me at that point it becomes a sense of a business.

David Rosenbarger stated, what about the truck sitting on the other side of the trucks that says United Rentals Inc. with a DOT on the side of it.

Director Weaver stated, I don’t know what truck you are talking about.

David Rosenbarger stated, there are several around, so are all of those guys going to be cited.

Director Weaver stated, well.

David Rosenbarger stated, my truck use to say that.

Attorney Altman stated, the only problem the difference is there were 3 of them on this one piece of real estate rather than someone just drove home with it.

David Rosenbarger stated, I understand, but they were all there and where does it say in our ordinance that it is a business.

Attorney Altman stated, well it comes down deciding what words mean.

David Rosenbarger stated, right.

Greg Bossaer stated, we have in the past stopped trucks from parking in residential areas that were offensive.

Attorney Altman stated, exactly.

Dennis Sterrett stated, semis

Greg Bossaer stated, a garbage truck also.

David Rosenbarger stated, if I remember that they had an advertisement in the telephone book that stated that address.

Several are talking at once.

David Rosenbarger stated, to me right now.

Director Weaver stated, it is not defined enough in the ordinance.

David Rosenbarger stated, right it is wide open.

Jim Mann asked, will it be defined in the new ordinance?

Director Weaver stated, I can not answer that, I guess it is something that we need to look at and see.

Greg Bossaer stated, so we can’t limit the amount of trucks.

Attorney Altman stated, yes you can, but it is like what doc said it is what you decide it is. It decides on what the word means and whether they conform to it.

President Charles Anderson stated, I definitely don’t think she is running a business out there.

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

David Rosenbarger stated, I will second it.

President Charles Anderson stated, all in favor raise your hand. Motion carried the fine was dismissed.

Attorney Altman stated, the significant differences is you can have your phone there and didn’t have any merchandise on the place. Just so everyone understands why we did this differently. You just had trucks there and a personal thing there.

David Scott stated, it is a residential area and I think one is okay.

Cheryl Danford stated, okay, thank you.

President Charles Anderson stated, okay next is Mr. Jacobs.

Greg Jacobs stated, I know it is late. I apologize, I’m a little short if you could share. If you recall back in April of last year, actually May of last year. We tabled the one and I’m not here to discuss any of the issues on that one. What I wanted to bring before is, we’ve done some substantial marketing, you’ve given us primary approval for some condos building in a plan unit development and if you will, I apologize that I’m not as prepared for this meeting as I would like to be, but you will see this area right here. This is a copy of what was approved in this area here. So what we found after doing some substantial marketing. The magnitude of the size of the buildings, we got to looking at it and the lay of the land and how it fit in with what we wanted to do in the back and what probably was more appealing to the over all character of lakes and the neighborhood, I apologize I don’t have the color rendering if you have seen it, it is a Mediterranean style coastal and what I’m wanting to put before you is a open it up for discussion is your point of view as if we were to do a configuration of basically these are 3 story town home style cape cod of finish to them that could depending on the floor plan that is sold be probably average somewhere in the 8 units per building still fall within the quantity that was approved. It is just the way I understand the ordinance that there are only slight variations we can do without your approval, in terms of parking and walking paths and that stuff. I wanted to basically share with you what we would like to do and you see we are pushing it back.. Where those buildings were literally right here on the corner, two in the front and two in the back. What this does it gives some depth to the property and it really pushes them back quite a distance from the neighbors. You can see these were right on top, we had a couple of variances along the way that were approved in that. So after doing some market study and looking at the over all, we feel it is a positive. (Everyone is looking at all of the pictures at this time.)

Jim Mann stated, this copy you are saying you want to shift, you are moving those away from this corner and moving them back into this area.

Greg Jacobs stated, right, you can just cut right down the middle of number 2 and club house. These buildings here are about 50’ off of that property line. The scale is not the same.

David Rosenbarger asked, what is the distance between them Greg?

Greg Jacobs stated, between 20’.

Attorney Altman asked, will there be more buildings or just moved back?

Greg Jacobs stated, actually in the same area there will be more buildings, but not more units as far as individual living units.

Dennis Sterrett stated, you had 3 buildings and a club house is that what you had?

Greg Jacobs stated, the club house had units designed in it.

Going over the pictures again.

Greg Jacobs stated, the other thing we are doing that we felt would significantly improve the curb and appeals of the lakes we got to really looking and studying what the curb appeal looked like for gang boatlifts where the entire shoreline was consumed by boat slips. We, this area here, and there is if you turn the page kind of get an illustration of what this is. If you can just picture a parking garage with water, instead of parking the car you are parking the boat. In an effort to preserve this shoreline and not have any boat slips other then temporary hookups for a visitor or a resident and you just want pop in for a minute, this is basically for setting on. It is pier construction which is done all the time on the coast, in California. Just picture a parking garage and I tried to include some illustration for you if you were looking for a second page there. If you were looking at the county line and we cut away an end elevation and you are looking north, this is what you would see. This is so this is approximately 16’ above the water. Just slightly more then what is approved by the boat slips. The only difference is this is all on our property. This here represents a walkway to go out past the property line we have to get SFLECC approval and submit this to them for their consideration. So it is just a concrete walkway if you will that goes around the perimeter. We found that we have a really good fishing site and so we are proposing riprap instead of putting in a steal sea wall, just having riprap continue to be there and the walk way. Tried to give you an illustration if you looked at it from the West, and you can see the end view the dark area would be rift raft and the gray area would be the height of the water and so you see the walk way and the landscaping and then the building the end building and you can see that the building would be at the far back there. Not a lot of difference just not extending over the water. The fourth page I tried to give you an illustration of how it would be the White/Carroll County line there. You can see the same end elevation. See the buildings that are set way back off of the water. I’m just did a cut a way to show you the level of the vehicles coming in. They are actually coming in on the middle unit. This here would be a structure that sets up here on the Carroll County side. Lastly I tried to lift the roof structure of the marina off for you and you can see the outlines of the buildings as they set. So if you just lift that roof off and show you the concept of the docks. What we found was most people want more than one slip. In order for this to be an economical viable project we have to be able to deliver more slips than shore frontage would provide and…

President Charles Anderson stated, so this takes it back off the lake which takes it away from SFLECC and you can put in as many as you want. Is that what it does?

Greg Jacobs stated, it is our property and I don’t think, and I think it has more to do with, there are a couple of gentlemen on the board that really as they put it, there goes the fishing. It would be crowded and more boats on the lake and really against the growth and, but…

Several are talking at once.

Greg Jacobs stated, it is a landscape roof, it is a common area. It is functional, usable land.

Dennis Sterrett asked, won’t you have gas fumes in there?

Greg Jacobs stated, well there has to be a ventilation system, there will be a sprinkler system. Each boat slip would have a, it has to meet code. Just like a parking garage would. There are light wells right down the center those long rectangular; those are actually light wells that are open to the atmosphere above. So yeah there would be water circulation. It is actually being proposed to be gated, you would not be in able to, I mean gated as in 100% not an arm gate, but a just picture a half of overhead door if you will that sticks about 4’ above the water and literally goes down into a concrete troth that literally… The water in the marina will be a filtered system similar to what the Indiana Beach does for the water park. That the slides go in. Well it is significantly different than..

President Charles Anderson asked, what holds the bank on beyond this where you have dug that in underneath there?

Greg Jacobs stated, well right now we are fortunate and that could change right now, we have extremely cohesive solid blue clay walls that literally drive a truck to a foot of the edge without any fear. There would be a retaining wall about 12” thick retaining wall that would extend approximately 7’ below the top of the water. So there is about 4’ of water in it and it extends 30” to 36” below the bottom of the marina and extends up to the garage level. So counting the foundation the retaining wall is about 32’ tall. The other thing it does it allows us to phase take building by building the other concept was a pretty much all of nothing construction, obviously you need to start at the lake and move back and not because of parking issues and what not was not very conducive to being able to put one or two buildings in. The number of units in the buildings will substantially more so that is the reason for the reconfiguration.

Director Weaver asked, Greg what is it that you are wanting to know from the board tonight?

Greg Jacobs stated, I’m wanting to know if there is any significant issues that they might have with my request to reconfigure the buildings I’m not asking to increase the densities or the concept of what I’m doing and if there is any additional information that you might feel I need to bring back to you, then I could do this.

President Charles Anderson asked, how many units total are you planning on having on this White County side?

Greg Jacobs stated, the, one of the things if you recall at the May 10 meeting was and I believe Don had asked and I really couldn’t address and I wasn’t really prepared to and I couldn’t even bring that to the meeting and I know if concerned some neighbors. One of the things that you see this drawing here, we are really, as you see at the bottom we were originally planning on going clear back here where this pond was at. Primarily we have one neighbor that is most affective what we will be doing back in what we call Phase II. We are not even at this point you will see when we do come back to you on Phase II that we will be taking this building out back here and this is over at Richey Park where we have a vacant lot. We own two properties to the East. We are not even going to propose putting that building in. We’ve gone back and listened to what they had to say. They were afraid of us entering in off of Richey Park. All of that is going to be green space. We are toying with maybe a cottage style single family and at this point we’re are just looking at leaving it alone and the most at this point we will come back with a request to consider two or three cottage style single families that is more conducive at that end and the Richey Park neighborhood. Until we have something we won’t even come back to you on that one. As you can see right here the and when we do come back you will find these three buildings here, there are laid out to be identical to these here. They don’t tie in well because they block the view from back here, which is a detached single family product. When I do come back to you on this side of it what you will see is small units, these units will hold about 4 units that set back on the Carroll County side. That is what we are working on the design for back here behind those. This one here which would be in the Phase II that line denotes the Phase II area. That one building there is consistent with these. Then this one up here, so, we brought everything back so it is grouped in that one area, of the wooded area. This neighbor right here, these two the most affected by it don’t have or didn’t even have an issue with the larger buildings that were more intrusive to their property. We think what we are proposing is an improvement. Both to the curb appeal to the shoreline as well as to the neighbors.

President Charles Anderson asked, so what are you going to bring to us to approve on this?

Greg Jacobs stated, well I would bring back a dimensional similar to this. I would bring you back this only, something that would have setbacks and where we, I think we are eliminating over here I believe we are eliminating any variance that was the need for the variance that was granted here along the property line. I think we have a couple of spots and to be quit honest with you I don’t know exactly, but part of this roof line does encroach on the 30’ setback. There is a front setback of 30’. That is the only variance that I understand that we might be consideration is where that edge of the roof line is. I’m not sure how a bridge enters into it, we can do with out it. Where the entry, the two way entry one way each side that goes into the marina. What we were looking to do was put a walking golf cart size bridge that would go over to the entrance of the marina. Actually there is a path that can go all the way around to the end of the development down along the water way. That is right at the property line, that may require a consideration for a variance.

Attorney Altman stated, you are here generally presenting this to see what kind of response, I’d suggest from what I hear here you’ve got your response. Get your drawings together and notice this up and we can precede.

President Charles Anderson asked, you are not trying to change the amount of units?

Greg Jacobs stated, no. The change I would consider is when we would bring in the Phase II. I’m not asking you to increase the units.

President Charles Anderson asked, how do you propose to get this boat house built? You have to dig beyond where the actual water line is right now?

Greg Jacobs stated, no that is the good thing about it, we have excellent dense soil.

President Charles Anderson stated, what I’m saying is what is this boat house compared to where the water, the actually lake line is.

Greg Jacobs stated, see this line right out here, that front one probably doesn’t. See this second page look at that.

President Charles Anderson stated, the actually bank of the river or the lake is where?

Greg Jacobs stated, right out here. So this will remain undisturbed other than.

President Charles Anderson asked, how many feet is it to the concrete retaining wall?

Greg Jacobs stated, inside the marina.

President Charles Anderson stated, approximately.

David Rosenbarger stated, looks like 40’.

Greg Jacobs stated, well it depends on what the SFLECC allows us for the comelier. We are going 30’ out with docks which is allowed. We’ve asked them for flexibility to go anywhere from 5’ passed the property line to 20’ in a couple of areas.

President Charles Anderson asked, what does SFLECC have you shown this proposal to them? What have they said about that?

Greg Jacobs stated, yes, um you know that last couple of meetings that I’ve have been at were surprisingly positive. There was a couple there that are not, they would out law wave runners if they could. They have a closed meeting to vote. They said they preferred that the petitioner was not present when they talked about it and voted. So they asked me to leave. I can’t tell you I’m to call tomorrow at 9:00 to find out. It was verily well received. Most of everything that we are wanting to do, we think it is a win, win. We are not asking them to liter the shorefront with one boat slip after another and 90% of what we are doing is, there are only 3 pieces of dirt that actually extend.

President Charles Anderson asked, were they trying to restrict you to the number of boat lifts you can put out front of the building? Is that why you went to this?

Greg Jacobs stated, no, no, they were really up in arms because we had an art illustration, they forget I was there before them 3 years ago to discuss what I wanted to do in the future of the shore front and I’m not sure they can limit the number of slips, they approved 42 slips in a row at Bridgeview project so precedence has been set all over so I think they just forgot and they felt like I was. The were really heated about it, but I had been there 3 years ago and I’d put those iron structures in frame work in there because I was told it was first come first serve and my neighbor was wanting some and we did that. We knew some how some way we were confident that we could get our project underway without having to put boat slips out on the main lake.

President Charles Anderson asked, how many slips do you have proposed to have inside this boat parking garage?

Greg Jacobs stated, this is still being tweaked, but there are probably 100 to 120. You’ve got to figure, I would bet you the average house on the lake is more than two. My neighbor just put two in and he has two on the other side of the property. A lot of people will, I have to perspective buyers that wouldn’t by at the competition because they could only have one slip. One slip anymore doesn’t get it if you are a lake dweller.

Dennis Sterrett asked, are you digging the lake back in?

Greg Jacobs stated, no, and we’ve meet with the Army Corp and the IDEM twice and we are except from an Army Corp permit as long as we immediately remove the disturbed soil up stream is the way it is worded. The reason we are exempt from the SFLECC that property line is out in the water. So we are not disturbing their property. We are floating over their property. So there are about 3 spots though that require their permission to extend that walk way across their property. To answer your question we will not, we will have a functioning gate in place before all of the dirt is removed on the lake side. We will be set back in from the actual water way some 30’ and then we will use something if you have been at the Honey Creek project the bridge is going in, we will have a turbing curtain is what they call it, that yellow floating silk fencing that keeps any debris from going out in to the lake.

Dennis Sterrett asked, this water in here is lake water?

Greg Jacobs stated, filter lake water.

Don Ward stated, like Indiana Beach.

Greg Jacobs stated, it is important, water that sits in there with no movement stagnates and the last thing we can have is stagnate water, moss growing, and mildew. There is a filter system, the bottom is gravel and there is method of pumping it out, so maintenance can be done. Phasing if it is all not done at one time. It is like a swimming pool concept where you are just moving the water and skimming it so you don’t have scum and a breeding haven for mosquitoes.

President Charles Anderson stated, so come in down stream, and be discharged up stream.

Greg Jacobs stated, something like that. The other thing we are doing to utilize it is we got it just in case the drainage board wants us to the first time around we were exempt and could just discharge right into it. All of our storm water from the project will float through this. Normally when it is raining most people are not boating so you can assume that the gates that are normally closed will actually serve as a detention storage area. The release will be no higher than we have to have them. It could serve as a detention storage if we wanted. It will serve as a silt trap if you will. It isn’t being immediately discharge into the ravine or to the bay. We provided a spot knowing that there is going to be some silt remediation. We’ve provided a spot at the end of right down here it is not covered. The path will be wide enough that we can literally take a single axel dump truck and a small excavator and this is where the discharge will be and we can get into the marina it will be ramped down so we can literally get in there. There is 13’ of clearance so we’ve considered the maintenance issue of it as well. Conceptually it is quite a bit different, density it is not. I just wanted before I moved forward further preparing stuff for February meeting, I just wanted to get some impute and see if you thought this was something an approval over what you approved.

Director Weaver stated, if you make substantial changes to the proposal that he has, he has to bring this back to the board and I think what he is asking is does the board consider this a substantial change where he does have to bring this back.

Greg Jacobs stated, yes, I think so, I just I didn’t of the density it is different, substantially different and that is why I wanted to get it before you know and you know if you are dead set against it then we would go back to plan A with the other buildings.

Jim Mann asked, this is do to the reaction of your marketing?

Greg Jacobs stated, yes.

Jim Mann stated, and the feed back from that and how to do this in a way that would be more appealing and more sellable and all of that . So you got into it and now you are making some changes to fit that. Does that summarize it?

Greg Jacobs stated, yes. I told my architect and he said a lot of things don’t get built and you go to plan B.

Attorney Altman stated, see you in February.

Director Weaver stated, Fontanyi, since they were not here representing their appeal.

President Charles Anderson asked, what were they like when they brought it to you?

Don Ward stated, they can’t appeal the fine if they didn’t show up.

Director Weaver stated, we sent the letter out on the 13th of November and I heard from them on the 27th of November. They have removed the mobile home. They tore it down to the frame and that it all. They are going to use the frame for other purposes.

David Rosenbarger stated, they were appealing the fine.

Director Weaver stated, they were appealing the fine, so since they did not come to the meeting, so send the letter that fine is in place. One more thing we need to, the APC needs to make an appointment of a member an APC member to the BZA.

President Charles Anderson stated, we already got one there.

Director Weaver stated, yes, you previously had two now you only need one. Gary Barbour can’t be on the APC. That would be Dave Scott.

The meeting adjourned.

Respectfully submitted,

Donald W. Ward, Secretary

White County Area Plan Commission

Diann Weaver, Director

White County Area Plan Commission