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The White County Area Plan Commission met Monday, March 10, 2008, at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

Visitors Attending were: Gay Lynn Hedges, Donald Fritz, William M. Stine, Michael Scheurich, Stuart Boehning, Charlene Tee, Debra Hedges, Jason A. Thompson, Charles Roberts, George Loy, Jeff Nagel, Larry Moser, Glenda Hickman, and Tabitha Fritz.

The meeting was called to order by President Charles Anderson and roll call was taken. Mike Smolek made a motion to dispense with reading and approve the minutes of the February 11, 2007 meeting. Motion was seconded by Bob Thomas and carried unanimously.


City of Monticello Redevelopment Commission is requesting approval of a Resolution of the White County Area Plan Commission determining that a Declaratory Resolution & Economic Development Plan, each as amended, approved and adopted by the City of Monticello Redevelopment Commission conforms to the Comprehensive Plan and the Economic Development Plan.

President Charles Anderson asked, do we have anybody here representing the White County Redevelopment Commission?

Director Weaver stated, City of Monticello.

Attorney Altman stated, that would be you George.

President Charles Anderson stated, Monticello City, City of Monticello Committee, City of Monticello Redevelopment Commission.

George Loy stated, yes, I’m George Loy. I’m Monticello City attorney. I’m here with Mayor Jason Thompson with respect to expansion of the Monticello TIF District that’s on the Agenda. The procedure for expansion of the TIF district is identical to the procedure that you follow to establish the TIF district to begin with which I know you’re familiar with with the recent Vera Sun project, TIF district, the Wolcott corridor TIF district and this TIF district which was established back in 99. It’s a multi-step process, the first step of which has already been taken by the Monticello Redevelopment Commission and that is the decision and its resolution that you have a copy of, to expand the original TIF district again, established back in 99 by, both in the, with respect to the acreage and also with respect to the scope of the anticipated projects. The original TIF district just too quickly review was 11, about 111 acres consisting of the Walgreen property, the Hendrickson property, a portion, what is now Brandywine property and extending further south from Brandywine on Gordon Road. That TIF district was used initially to finance water and sewer infrastructure expansion which has been accomplished. It is also being used currently; the enhanced revenues are being used for Sixth Street expansion project. The city has, the Monticello Redevelopment Commission, the Monticello City Council is in favor of expanding the project now again by about 225 acres in order to, number 1, enhance the funding stream for those, for the Sixth Street expansion project but as Mayor Thompson can speak to, a bit, additional projects that are listed in the plan that was approved by the Redevelopment Commission. Part of the property that’s contemplated in this expansion is the new Walgreen’s property, Molter Motors, and also the anticipated new McDonalds property. You all know where that is at the intersection of 6th and Broadway and then further South we’re wanting to expand the TIF district along Sixth Street down to Gordon Road on the West side. All of this is within the city limits by the way. We want to expand to the West boundary of the city limits and I think you have a map attached to the resolution. The consideration for Area Plan tonight, as in the past, is the, is this, contemplated TIF expansion, does this in any way conflict with any master plan the Area Plan Commission has for this area and we of course believe it does not. It dovetails with the counties and cities joint Sixth Street expansion plan and will greatly enhance the revenue capabilities for expansion of infrastructure. I’d let Mayor Thompson just; just briefly go thru the menu perhaps of the various projects if you wish.

President Charles Anderson stated, you want to step forward.

Jason Thompson stated, thank you, thank you, George has pretty much discussed most of it there with you. On to some of the things that has already happened there with the TIF district that we’ve already had in placed and the funds thrown from that is the new lift station which was needed was in place and you can see that off on the west side of Sixth Street out there. Currently we are using that funding there to actually enhance the portion now for the funding from the City for the Sixth Street project. We’re going to assist with that project right there along Sixth Street right in front of the TIF area there. Some of the other items that we’ve added to the list is some storm water separation between Ohio and South Street there, repair some of the existing sewer lines along south street and the problem is we’ve got some old antiquated and some smaller pipes than should be maybe leading to the treatment plant. We put that in there for future growth that we if we need to we can use these funds to put larger pipes in the ground if needed to. Obviously also we put in the road and curve improvements along Gordon Road. If it’s necessary as we know that Sixth Street project is, the cost has gone very high compared to what they’re able to first project it was going to be so if we need to we’ve got this in here that we can use some TIF money if it comes down the road that we need to find some to finish the Gordon Road section for that Sixth Street project. And then the additional things there we have there, we talked about the sewage underground. The city obviously we have a sewage problem overflow. A lot of that is because of the pipe system that runs from South Street to the treatment plant. A lot of the major pipes from town, the Bluff, the Maple, other areas like that lead into those. Some of the other things there was the additional fire protection improvements including but not limited to a new fire station if that’s ever needed out in that area, also water and sewer and storm water infrastructure that we may find out we need later that we don’t currently have. One of the things about that as you see there and I don’t know if you are aware but they are currently trying to pass a lot of laws right now, even outside of property tax down at the state house and one of them is the TIF. A lot of regulations on the TIF. They are cutting down the years from 25 to 20 year. They are also cutting down on how hard it is to grow them out. You hear a lot of business or actually a lot of economic development corporations throughout the state not liking this because of the remonstrance procedure it’s going to have to go thru later on if that bill passes. Currently right now the TIF, you know, obviously they were all started to entice business here. They’ve already got some area already, some infrastructure already, and we want to go ahead and take advantage that we have by the laws allowing us to expand our boundaries there. What we did was we just went to the city limits. We didn’t go outside the city limits into the county at all. We just stayed in the city limits so that’s why your boundaries are set that way. This gives us the big possibility to go from like George said to 111 acres. We are increasing 225 acres, so we will be doubling its size in this expansion here. The city obviously, we unanimous passed that at the council meeting. We feel this is a great thing for the city right now, this is one of the small tools we have to entice businesses or economic growth in this area and I think that you can see, especially with the hospital going there. I think we will see Sixth Street in that area there growing a lot and we want to be prepared for it prior to. We don’t want to have to come in and deal with the growth later. We want to have it prepared and ready to go for it when it does happen. I believe it will happen so, that’s all I have for that. Thank You.

President Charles Anderson asked, commissioners have any questions?

Jason Thompson stated, oops, I’m sorry.

President Charles Anderson stated, I was just going to ask the Commissioners if they have any questions for you guys. The commissioners have any questions about their request? You said this was the beginning of the process. What happens after we vote on it George?

George Loy stated, yeah. Yeah, after this it goes back to the Monticello City Council for a resolution, then it goes back to the Monticello City Council for a, for a resolution, then it goes to a public hearing to be held by the Monticello Redevelopment Commission and if all goes according to plan that public hearing will be April 3rd, that will be advertised, noticed, and so forth in a public hearing and then 1 more final action by the City Council.

President Charles Anderson asked, so it will be advertised after this meeting? Because there’s nothing been advertised so far on this at all has there?

George Loy stated, correct, correct, no.

Mike Smolek asked, this yellow is already in the TIF district and we’re adding the little chunk here on the corner…

George Loy stated, I believe so, yes.

Mike Smolek stated, plus this big…

George Loy stated, correct, yes.

President Charles Anderson stated, then you’ve got in here, in that proposal, about the funding and things for these projects and things coming up and bonds for these projects.

George Loy stated, yeah, bonds have been financed in the past already for some of these. The projects that the Mayor mentioned doesn’t mean that TIF will be used to fund every penny of every one of those projects. The law permits you to list a roster of fundable projects which, from which you can choose.

Mike Smolek stated, but basically the city doesn’t own that property, you’re just developing the infrastructure, so it can be developed.

George Loy stated, correct, yes, correct. And capturing the enhanced tax revenues without disturbing the existing, or without redirecting the existing base.

President Charles Anderson asked, the commissioners have any other questions from him? Anybody in the audience have any questions? Have we got a ballot to vote on this?

Attorney Altman stated, I’m sorry…

Don Ward stated, have you checked it over?

Attorney Altman stated, as far as I can see it’s totally consistent with our comprehensive plan, just as the past ones have been and I think its appropriate it the city wants to do it it’s an appropriate device and the finance to these sorts of improvements I would recommend they adopt it.

Don Ward stated, all right.

President Charles Anderson stated, I’d say lets go ahead and vote.

Attorney Altman stated, there is 2 places to vote on the ballot.

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

Attorney Altman asked, right George.

George Loy stated, yes, I have, I’m going to leave behind several copies of the resolution for the president and secretary to sign.

Attorney Altman stated, very good, if you do that then you can pick it up tomorrow from Diann. Is that right George?

George Loy stated, you bet ya, yes, yes, that’s fine. Diann, Gentlemen, thank you very much.

Jason Thompson stated, thank you.

Attorney Altman stated, thank you mayor.


#950 Donald Jr. & Tabitha Fritz; The property is located on 0.75 of an acre, Out SW 27-27-03 in Union Township, located east of Monticello off of Woodhaven Court at 417 N. Magnolia Drive.

Violation: None

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

President Charles Anderson asked, do we have anybody here representing that request. Do you want to come forward and state your name?

Donald Fritz stated, I’m Donald Fritz, that’s my wife Tabitha in the back row. Good evening.

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

Director Weaver stated, the property is currently zoned A-1, which is agricultural with the size of the lot, which is less than 1 acre; the R-2 would make the setbacks more compatible with the size of the property. He came in; he’s wanting to do an addition to his home. He was looking at either doing a variance for the setbacks or the other option was to rezone. So he has chosen to try to rezone this property.

President Charles Anderson asked, does anybody in the audience have any questions about the request at all. If not, I’d say lets go ahead and vote.

Director Weaver stated, it is an A-1 area but it is residential use.

Attorney Altman stated, it’s very very residential.

Mike Smolek stated, I was going to say it looks like a subdivision to me.

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

Director Weaver stated, yes.

Attorney Altman stated, that will be next…

Director Weaver stated, Monday.

Attorney Altman stated, Monday at 8:30 in the morning, right here, and they have the final say on that.

Donald Fritz stated, thank you board.

Attorney Altman stated, thank you very much.


#322 Marguerite E. Hedges Estate - Gay Lynn Hedges, co-personal representative; Requesting approval of a 1 lot subdivision to be known as Hedges Subdivision, on 1.780 acres, Part SW ¼ SE ¼ 21-28-4. The property is located South of Monon at 7078 N. US Highway 421.

President Charles Anderson asked, do we have anybody here representing that request. Do you want to come forward and state your name?

Stuart Boehning stated, good evening, my name is Stuart Boehning, I’m the attorney for the co-personal representatives who are here this evening, Gay Lynn Hedges and Debra Hedges, they represent the estate of Marguerite F. Hedges, I think it’s reported Marguerite E. Hedges, it’s actually Marguerite F. Hedges. We’re seeking the primary and secondary approval of this 1 lot subdivision of the existing house, 1.7 acres. It’s right outside the town of Monon, bordering 421; if there’s any question I would be happy to answer those.

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

Director Weaver stated, yes, they’re wanting to break the home away from the rest of the property.

President Charles Anderson stated, from the farm.

Stuart Boehning stated, from the farm, yes sir.

President Charles Anderson asked, anybody in the audience have any questions about this request? This is for both primary and secondary. There are no improvements needed on this property at all.

Director Weaver stated, it is ready. Not that I’m aware of, no.

Attorney Altman asked, the home has been there for how long.

Stuart Boehning stated, it has been there since 1946.

Attorney Altman asked, and it’s right next to the town of Monon. After it breaks off with that.

Stuart Boehning stated, yes.

Attorney Altman stated, believe the town borders it right.

Stuart Boehning stated, yes it does.

President Charles Anderson stated, I’d say lets go ahead and vote on this.

Vice President Dave Rosenbarger stated, I’ve got 1 question, does the driveway need to show on the plat. It doesn’t show here. I know where it’s at but it doesn’t show on the drawing. In a subdivision are they required to show the driveway, how you get in and out.

Attorney Altman stated, actually they do have to show the ingress but, but the ingress on this subdivision as I look at it is a full 99.8 acres along the highway and that…

Vice President Dave Rosenbarger stated, but you’re pulling this off.

Attorney Altman stated, pardon.

Vice President Dave Rosenbarger stated, you’re making this a subdivision.

Attorney Altman stated, yes, uh huh, but, and the ingress and egress on the whole border and uh, so they didn’t divide, they didn’t make it smaller; they just made the whole thing ingress and egress.

Vice President Dave Rosenbarger stated, I understand that, I just didn’t know if on all the other subdivisions they do, they always show where you go in off the road, into the subdivision.

Dennis Sterrett stated, well this would be, this whole thing would….

Vice President Dave Rosenbarger stated, well that could be, that could be the whole driveway. Works for me.

Attorney Altman stated, that technically is the whole driveway. The way they are presenting it, okay.

Vice President Dave Rosenbarger stated, okay, that works.

Attorney Altman stated, which I think given just the 1 lot that this is appropriate.

The Primary Approval for a 1 lot subdivision to be known as Hedges Subdivision was approved by a vote of 8 to 0, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met.

President Charles Anderson stated, now we’re ready for secondary.

Attorney Altman stated, and it is ready for secondary. Right Diann?

Director Weaver stated, yes it is.

Attorney Altman stated, and there is no improvements at all that need to be installed as part of this subdivision.

Director Weaver stated, not that I’m aware of.

Attorney Altman stated, yeah. The roads already there, the driveway is already there.

The Secondary Approval request for a subdivision to be known as Hedges Subdivision was approved by a vote of 8 to 0, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met.

Stuart Boehning stated, thank you.

Attorney Altman stated, thank you very much.


#5 Edward W. Heath; Requesting to Vacate Part of Lot 11, Streets and Alleys in Shady Haven Subdivision. The property is located East of Monon and north of the intersection of Apple Knob Drive and Boller Court.

President Charles Anderson asked, do we have anybody here representing that request? They’re on vacation. So I’d say that one is probably tabled.


#07-8 TSCR, LLC; Requesting Secondary approval of a Planned Unit Development to be known as Lakewood Condominiums on Lot Numbers 3, 4, 5 and 6 in Frank R. Burch’s Lakeside Second Addition, located in the City of Monticello at 208-214 N. Beach Drive. Tabled from February 11, 2008.

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

Jim Mann Jr. stated, I’d like to just state that I’ll be recusing myself from voting on this as well as the next PUD.

Attorney Altman stated, very good thank you.

President Charles Anderson stated, so refused.

Charlie Roberts stated, Charlie Roberts here.

President Charles Anderson asked, the commissioners have any questions about the request? Have we come to a point where we’ve met anything…?

Don Ward stated, well, no. What has happened is that Denny Sterrett and I went to law school Friday, for a day. We learned quite a bit we didn’t know. There are some things they need to change and what we’re recommending is that the board give them conditional approval that they get these changes made and back to us possibly next week when we have a little tech committee meeting and check it over. Once it’s okay…

President Charles Anderson stated, then we’ll go ahead and let it go thru…

Don Ward stated, then they can go and get it signed. Diann is checking to see if the…

President Charles Anderson stated, this doesn’t have to go before anybody else, this is our deal, it’s a done deal once you, the committee has signed off on it…

Don Ward stated, once the committee would approve it, it will be a done deal. I’ve got a list of things here. I talked it over with Bill Stine today. We found out a few things that have to be done by law. Whether we like it or not, or whether it’s in our records or not, or in our code. It has to be done. One of them is that an engineer has to sign that the floor plans are correct. And Denny kept yelling for elevations and turns out he is right. You have to have elevations of the floors, ceilings... There’s a lot to the law frankly and we’re not going to try to cover everything. It’s going to be a slower process of learning as we go along. But we did learn some things that surveyors must do.

President Charles Anderson stated, as far as elevations, that means from the ground level of this to…

Don Ward stated, floor level, see the, in a condo you’re buying space and you’re buying a percent of the building, the grounds, and everything else. But it’s an undivided percent. But you are buying space in the condo unit that you got and that’s one of the reasons that the engineer has to sign the certification that the measurements are correct. There are some other things in it that have to be done. You have to have a legal description on the front. The deeds for a condo are not simple. I thought you could just say unit so and so, such and such condo. That doesn’t work at all. They go into detail on those. They didn’t do that but I read 1 or 2 of them that were examples and then they get fairly complicated. The whole country now is basically on the same page. We’re very close to the whole nation handling condos the same way. In other words, Florida, United, or you know, Florida is a big one. They have them by the hundreds of thousands of condos and probably California too. They’re not, from what we learned they’re not new in Indiana but their not old either. They haven’t been around that long. And we used to have a different law. Denny’s got a list over there. What’s your list on there Denny? I lost mine. I guess I don’t have it out. One thing we found out and this, this is almost a certainty. The surveyor and the attorneys have to work together because things have to match from declaration to bylaws to the plats that are recorded. They need to be together and they need to know what each other is doing. Probably the lawyer should guide the surveyor in certain things and the surveyor has to take care of the rest of it on his own. They gave us the law. The law gave a list of things that surveyors must do and I have copies of that for Bill and I have marked up a set of prints for him. There’s not a lot to it for him to do. But we want him to do that. One of the things is we want to make sure that we get the dedication right; I found that so you can keep it. We get the dedication right. There needs to be a place we sign below. This is your name put in here. There has to be a place, who signs this, you, Diann, the director?

Director Weaver stated, yes.

Don Ward stated, there has to be a place for her to sign. We’re not certain of this. This is a subdivision dedication. So she’s going to check and see if this works for a PUD dedication. We don’t know because it says a deed of dedication but there’s actually nothing dedicated unless there talking about the common periods and that kind of stuff. I don’t know. She’s checking it out; she will check it out with somebody else. We need the certification, we need the legal description and this needs to be put on as built because yours is built already. Those that aren’t built, like these guys, and Scheurichs will have to have as built plans once it’s done, that’s by state law. And they have to be also have to be signed by an engineer. Why it’s an engineer I don’t know, engineer or architect. A surveyor does the measuring and somebody else does the sign off, so I don’t know. I don’t get it, but… We’ve tried to put together what can be done.

President Charles Anderson asked, an engineer or an architect?

Don Ward stated, hmm.

President Charles Anderson asked, engineer or an architect?

Don Ward stated, engineer or an architect on the floor plan.

President Charles Anderson stated, okay.

Don Ward stated, and they call for it in the law that it’s the surveyor’s job to measure it, well I don’t know that that’s going to work out. What did I do with my sheets here for Bill?

President Charles Anderson asked, this surveyor’s an engineer too isn’t he?

Don Ward stated, yes, so it will work out alright. And here are 2 sheets. 3 things that are the surveyors are the layout, the elevation, the location. He has a location because the corners of the building are located from the corners of the property.

Charlie Roberts stated, okay.

Don Ward stated, so that lay’s, that, that determines where the property is and where the building is on the property. So we’ve got that. The unit numbers, that’s really up to you and the attorney and the dimensions, are. Normally that’s when somebody builds one the dimensions are whatever they want and this one is already set. Then you have to have the verified statement of the registered architect or a licensed professional engineer certifying that the floor plans, that the copy of the floor plans is accurate copy of the portions of the plans of the building as filed with the municipal governments and so on and so forth and these are as built.

Charlie Roberts stated, okay.

Don Ward stated, and then there’s stuff here for the deed which is not any problem.

Charlie Roberts asked, can you give me a copy of all that?

Don Ward stated, we’re going to give this to Bill. He’s already, he’s been in my office, so, he knows that basically what we want. There’s some of this stuff that could get very very lengthy and 1 of them is to describe the common area. Well I think you could put a not that it’s show. And describe a limited areas and I think he can say that to, it’s pretty well shown. If it were a bigger setup there would have to be lists of things I mean we saw somewhat how they did it. But this is only 8 units and they were talking hundreds of units and this is only 8 so were going to try to get it so that once it gets thru the tech committee you are free and clear. If that satisfies the board.

President Charles Anderson stated, you want to have a show of hands that would support that right now, raise your right hand. I’d say lets go ahead and vote.

Attorney Altman stated, basically what your saying Don is that the tech committee is going to force compliance of the state law and the requirements of the state law as you just briefly outlined and once they have that and done your certification and then can sign…

Don Ward stated, and they can sign it and Diann can sign it.

Attorney Altman stated, is approved and we proceed to…

Charlie Roberts asked, we don’t have to go back to the city again do we?

Don Ward stated, record it.

Director Weaver stated, no.

Charlie Roberts stated, it’s already been a done deal.

Don Ward stated, one thing you might check, it seems to me that they told us your, your attorney prepared this and said it’s a declaration of horizontal property regime and I believe that’s been changed, but I’m not sure. But Denny didn’t get that.

Dennis Sterrett stated, I didn’t catch that.

Don Ward stated, he didn’t hear that, I don’t know why I heard it. But I heard him say that this was the old way and it’s not called that anymore. So you can check with your attorney. I don’t know if whether, has he given you a new set of…

Charlie Roberts stated, he was supposed to, I think it was oversight because I sent someone there to pick it up there at 4 o’clock and the documents weren’t done.

Don Ward stated, well, that, that will also have to come in and he should have his name and stuff on the bottom of it.

Charlie Roberts stated, exactly, that’s what I told him.

Don Ward stated, that he prepared it so, that should be there and he ought to check to see if that’s a law yet, I don’t know, I’m not a lawyer, and all I remember is him saying that that’s what it used to be called and that’s, you know, that’s what I think he said…

Charlie Roberts asked, he didn’t say what it’s called now?

Don Ward stated, well, I don’t know what they call it, just a condominium law? I got a copy of the law here, but you can see how thick it is.

Charlie Roberts stated, sure.

Don Ward stated, and they went thru this is 6 hours, so you can, I guarantee you we didn’t get much rest.

Charlie Roberts stated, so I can, after the meeting, I can copy whatever I need.

Don Ward stated, okay.

Dennis Sterrett stated, I believe it’s a declaration of condominium now.

Don Ward stated, yeah. I think that’s right.

Attorney Altman stated, I think you’re right too.

Don Ward asked, did he give me something to vote on?

Attorney Altman stated, yes I did, but I’ll give you another one.

Bob Thomas stated, it’s there in your paper Don.

Attorney Altman stated, here’s one right here, we’ll let you have another one. But we’ll only count one.

Don Ward stated, okay. Well it’s going to have to have conditions on there.

Attorney Altman stated, that’s right, that’s why I want to see yours.

Mike Smolek stated, need clearance from the PUD board after corrections. You want something else on there.

Don Ward stated, that’s good enough. It meets, let’s see the plat.

The results of the vote were as follows: 7 affirmative 0 negative and 1 reclusion. Subject to plat with floor plans, declaration of condominium bylaws must be approved by the tech committee as required, all as required by the state laws of the state of Indiana as Mr. Ward had indicated and testified to. Subject to that then it will be approved and you’re in business.

Charlie Roberts stated, thank you.

Attorney Altman stated, thank you.


#07-10 Mimar Development, LLC; Requesting Primary approval of a Planned Unit Development to be known as Mar Casa Townhouses on 1.385 acres, Part of Lakeside Heights Subdivision 17-27-3, located North of Indiana Beach Road off of West Shafer Drive on Pony Lane. Tabled from February 11, 2008

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

Mike Scheurich stated, Mike Scheurich, we do.

President Charles Anderson asked, and what did the tech committee, did they look thru everything that we received and gone thru with Mike on, does it look pretty, does it got what you guys wanted on that.

Don Ward stated, yeah, I think he’s ready for a…

President Charles Anderson asked, do you have anything new to add to it since you’ve been to the lawyers meeting, the long meeting.

Don Ward stated, I think he’s basically ready for primary.

Dennis Sterrett stated, I think the fire department was the only thing…

Don Ward stated, right, the, and I didn’t think to tell you, you should get 2 of those signed, 1 for you.

Mike Scheurich stated, there wasn’t as, as I was told, there wasn’t a necessity on his behalf for either one of them but you have the 1 on record that you request.

Director Weaver stated, we have received the sign and Jerry you got it there.

Several Members speaking at once.

Don Ward stated, there wasn’t that much to do, this is primary so he has time to…

Mike Smolek stated, he has time to work on it.

Director Weaver stated, the committee requested…

President Charles Anderson asked, does anybody in the audience have any questions about the request? The commissioners have any other questions? If not I’d say let's go ahead and vote.

Attorney Altman stated, what I have in my hand here is their plat if you will that shows changes made as requested signed by Shane Swaim Chief Monticello Fire Department and that’s signed originally and that’s part of our records.

Director Weaver stated, I might add to that, this is something the committee had also asked for. Mike just gave me a drawing with names for the 2 roads and also a copy of the letter, actually this looks like an original letter.

Mike Scheurich stated, it is, that’s from along time ago.

Director Weaver stated, ill get a copy and I can give this back to you.

Mike Scheurich stated, that’s alright.

Director Weaver stated, from Nipsco regarding the electric and gas service.

Attorney Altman stated, so that in addition to the certification by Chief Swaim, I have the naming of the streets as requested by the board and that’s part of the file and will go in the file. The other thing would be the letter from Nipsco indicating that the gas and electric service can be made available once requested for a multiunit residential project on blank lane and that would be in fact MiMar Lane in Monticello Lane and that is signed by a Richard W. Forrester distribution project engineer by Nipsco. Again, those for the record.

President Charles Anderson stated, it appears it will be architecturally designed so you’ll have an architect sign.

Mike Scheurich stated, they can sign off.

Attorney Altman stated, yep, yep, yep. You need to get certification to that state law. It’s really appropriate. Okay, I have 4 ballots in. Okay, now I have 7 ballots and 1 recusal in addition to that, Mr. Mann.

The results of the vote were as follows: 7 affirmative 0 negative and 1 recusal. This will be presented to the County Commissioners for their action next Monday morning at 8:30 in the morning and they have the final say on that.

Mike Scheurich stated, very good.

Attorney Altman stated, it’s like a rezoning okay.

Mike Scheurich stated, thank you. Can I have a request? Do you know have a tech meeting this week do you know?

Don Ward stated, we think we will, depends on whether or not…

Director Weaver asked, this week or next week?

Mike Smolek asked, this week or next week?

Don Ward stated, Lakewood Condominiums is ready for us to look at by about Thursday or something like that.

Charlie Roberts stated, I’ll know something tomorrow.

Mike Scheurich stated, if you do, can I be included in that because I want to get on Charlie’s coattails on what you need from him and whatever else so…

Charlie Roberts stated, thank you.


President Charles Anderson stated, next on the agenda would be business, if anybody don’t want to stay for the business meeting you can leave.

Attorney Altman stated, not you.

President Charles Anderson stated, except for the Board Members.

Attorney Altman stated, not you.

President Charles Anderson stated, 1 of them can, we only need 7, there’s 6 here so.

Director Weaver stated, well then Don can’t because I need his signature. You’re stuck Don. I have given you tonight with your information copies of legal fees that we have had since the last meeting being for Joe Bumbleburg and Vicki Switzer which it was for a Deposition. Joe Bumbleburg for mediation with the Spears law suit and Joe Bumbleburg being special counsel for the BZA. If no one has any objections to those, I'd like to get those paid.

President Charles Anderson stated, I think they should.

Mike Smolek asked, whatever happened with that Spears thing?

Attorney Altman stated, good question.

Mike Smolek asked, they’re going to put you on trial or…

Attorney Altman stated, no, no, no I don’t think so. I think the time has passed for that. But I don’t want to, I guess I can get in there except for we had something on the floor. The day I had a couple, this afternoon real late I had sort of an amazing phone call. I had 1 call from an attorney by the name of Mr. May, Dan May, and he said he had 2 clients that has apparently purchased on contract 2 of these units if you will of the subdivision. Anyway, and he wanted to know what was going on and why was there a problem and I told him well it’s a grandfathered nonconforming use. It’s been a resort, rented out, short term rented out by 1 person since 1918 and that’s really what this was. This went back all the way to 1918 before we had lakes in here at all. And he said, oh, know they’re trying to sell it off and make it into a different use. And he said, oh, okay, then he said well I have a couple people that perhaps spent a good bit of money in there and they maybe want to get it approved. And I said well and we would like to get it into compliance to if you could do that. And he said, well he couldn’t get anything out of Spears in the way of an answer but he said he’d like very much to be engaged and involved in that. And I said that’s exactly what the boards would like to and he said maybe they’ll file a request to come into compliance and I said well get ahold of Diann Weaver and gave him the phone number and all and he said he would. So there has been some movement on that.

Mike Smolek stated, so they dropped the lawsuit then.

Attorney Altman stated, no.

Director Weaver stated, we are the ones suing them.

Mike Smolek stated, oh, that’s what I mean, but...

Attorney Altman stated, we’re the ones suing them and if they got it into compliance quite frankly we would be happy to get out of dodge on this and and the other thing he told me is something that I didn’t know about, John Million, a local lawyer represents somebody that is also bought 1 of these units, I use that word in quotes and that he didn’t know we had filed suit against Spears.

Mike Smolek stated, well I thought when I read the letter yesterday I thought that he had filed suit against us for $500,000.00 in damages.

Director Weaver stated, a tort claim. He filed a tort claim.

Mike Smolek stated, okay, what's that.

Attorney Altman stated, okay, if you are a governmental agency there is a 1 way that you, somebody can file a tort claim against the governmental agency. They have to give them notice within 6 months of whenever that was created and that is what Blair has done for his client and that’s fine. The city’s got, or the counties got notice of that and they are acting on that and that’s just the way it is. We had also filed suit saying basically you’re in violation, your use is in violation of this grandfathered nonconforming use and we asked several times Mr. Blair and I think you’ve talked to Mr. Spear about trying to get in compliance or at least do something other than file these plats and what have you like that takes care of it. Well, it would if they hadn’t changed the use.

Mike Smolek stated, right.

Attorney Altman stated, and that’s the problem with our ordinance and however I hope that we at least have some people that are interested now in getting this into potentially into compliance and moving on. I don’t know that that’s going to get rid of Spear and his lawyer but it’s certainly going to be a step in the right direction Mike and that’s really where it is. And at one time the way they were running the lawsuit it was like they were going to make my testimony part of the case. Well if my testimony is part of the case so is Mr. Blair’s if you know what I mean, he would be tagged with the same problem that I would be and we h ad thought we might need a different lawyer. Well from what I can tell that isn’t so now and we’re we have a lawsuit coming up but you know, these guys come in there and they might move Spear into the, into accommodation so that they get in fact compliance with our ordinance.

President Charles Anderson asked, that was grandfathered as a resort wasn’t it.

Attorney Altman stated, yeah. Yeah.

Director Weaver stated, yes.

President Charles Anderson stated, so there’s no way they can just separate it. Have they come up with individual plats now for each of these units or have they got legal descriptions for any of these?

Attorney Altman stated, see, they don’t have any of that.

President Charles Anderson stated, well they can’t sell something.

Attorney Altman stated, they made it into quote units and I agree with you but I’m just saying is Doc, if they go ahead in fact properly do this and get it approved that’s to if’s but if they do…

President Charles Anderson stated, pretty much they would all have to have Board of Zoning Appeal approval too.

Attorney Altman stated, yeah, they’d have to have variances too.

Director Weaver stated, well, depending on what way they go about it.

Attorney Altman stated, yeah, depending on what they ask for. But I think that Diann and I both believe that they’d have to have a variance, at least 1, and maybe something like a PUD, something like a PUD. Maybe not, maybe they could just do it with an R or an L-1.

President Charles Anderson stated, but they’d be better off trying to get a variance.

Attorney Altman stated, I think you might be right Doc but what I’m trying to say is, is maybe we’ve got somebody that’s more interested in settling this lawsuit and that just happened this afternoon.

President Charles Anderson asked, where were these boys here for?

Vice President Dave Rosenbarger stated, they’re here for business.

Mike Smolek stated, they’re learning.

President Charles Anderson stated, they’re here to see how county government runs, that’s pretty shabby isn’t it.

Vice President Dave Rosenbarger stated, maybe they’ll get some credit for school.

Attorney Altman stated, so that’s really what I know on that.

Director Weaver stated, the way that I understand that the response to the tort claim is due I think Friday. Do we do that, does George Loy do that, does the County Commissioners?

Attorney Altman stated, George Loy. However, that’s something I’m certainly going to make sure George is doing. As far as I can tell you, there the ones who have, they got first strings and they’re the ones who pay the, if there were a liability, they’re the ones who pay them. Diann, make sure you bug me tomorrow to bug George about that.

Bob Thomas asked, do we have to vote on this?

Director Weaver stated, yes, I would like you to vote on them, whether you want to approve them or not, the legal fees.

President Charles Anderson stated, all in favor of approving the legal fees raise your right hand.

Attorney Altman stated, for the record it was unanimous.

Director Weaver stated, next I have, I want to address the Freeman situation. Can you, Jerry, can you give us an update on that.

Attorney Altman stated, basically we have the same approval, it is slowly working its way thru to, to, to ticket off. Mr. Rynard and Mr. Rynard paid $1000.00, Jennings paid $1000.00 and the bank, which is National City paid $30,000 wasn’t it Diann? $32,000 I think it was and I was trying to think, I think that’s all that we’ve got. But we had, and then there proceeding, they being Kathy Russell Rentals Inc is proceeding to say what they’re going to do in the way of putting improvements in and they have tried it a couple, at least 1 different way and we have not heard anything beyond that but they then would have 2 years to in fact put it in, if they don’t then we got the money to of course, so we can put those improvements in.

President Charles Anderson asked, was that money that Freeman put in that bank, did he help, or is that money that the bank came up with.

Attorney Altman stated, that’s money that the bank came up with. However, it is, they think they, they think they’ve got a source for collateral so I think it will ultimately come from Mr. Freeman.

Director Weaver stated, have we received any of the money or the signed settlement.

Attorney Altman stated, yeah. We’ve got…

Director Weaver stated, because I don’t have anything on it.

Attorney Altman stated, we don’t have the, we don’t have the check from National City. I’ve got Rynard's check and I have Jennings’s check.

Director Weaver stated, well the Treasurers office has contacted me, just today, we have a problem. They have set up an account because they had to set up a separate interest bearing account for this money to go into. Well it has set there for a month and they get charged for it sitting there empty so we now owe the bank $4.00 because we don’t have any money in this account.

Attorney Altman stated, the only thing I can tell you is I’m waiting on is National City to …

President Charles Anderson asked, can you put those other 2 banks checks in? Or do you have to wait.

Attorney Altman stated, you’ve got to have it all together. Okay, I’m glad you told me, I’ll…

Director Weaver stated, well I didn’t know either until today.

Attorney Altman stated, I understand, I’ll tell National City they owe 4 more dollars.

Director Weaver stated, yeah, somebody’s going to have to pay this $4.00.

Attorney Altman stated, but anyway, I’ll start bugging them harder about getting their cash in, but that’s what were waiting on actually and we just recently got the other $1000.00 from Jennings. But that’s a bunch a matter than just throwing the subdivision out.

President Charles Anderson asked, any other business?

Director Weaver stated, the Borys lawsuit. Do we know anything about that one? Which is the one here south of town?

Attorney Altman stated, are they, I guess I’ve not heard. Blair says they’re in compliance.

Director Weaver stated, there’s still 2 campers sitting down there.

Attorney Altman stated, 2 campers down there.

Director Weaver stated, there hasn’t been any change on the property.

Attorney Altman stated, I think that’s something you and I may be able to go and look at and then send him a demand letter.

Mike Smolek stated, when you go look at it take pictures that way you got them.

Director Weaver stated, I am. I’ve taken pictures all along.

Attorney Altman stated, she always takes pictures. She’s got the camera with her. You’re exactly right Mike though.

Director Weaver stated, okay, next I have, I sent an email out to you guys stating that I am trying to set up a subcommittee to address the subdivision ordinance and I have a meeting next, a week from Wednesday. I currently have Dennis Sterrett, Dave Rosenbarger, and Gerald Cartmell have volunteered to be on that committee. Don Ward would you be interested.

Dennis Sterrett stated, yes he would.

Don Ward stated, I’m not interested but I will. But I’m not interested.

Director Weaver asked, anyone else want to be on that committee? Jim Mann you were another one that I thought might be interested. I’m not trying to pressure you but…

Attorney Altman stated, but you’re drafter by the way.

Jim Mann Jr. stated, okay.

Director Weaver asked, does anyone have any ideas of anyone outside of the APC or BZA that should be on this committee? I do, I have made some notes, possibly Doug Roberts for the City. Steve Brooke with the County Highway.

Don Ward asked, how about the Mayor?

Director Weaver stated, I did have Bob Reed, I had noted maybe he, we would want him on the committee. Bob Gross who is a local surveyor. Jim White who works for Vester and associates, he’s a White County resident but he works for Vester which is a surveyor company down in Lafayette.

Dennis Sterrett stated, they’ll be wanting paid though.

Director Weaver stated, this is volunteer. I don’t know, Jim was at the last meeting.

Dennis Sterrett asked, was he?

Director Weaver stated, yeah.

Dennis Sterrett stated, yeah he was.

Director Weaver stated, yeah, he was. So he might be real interested. Depending on when we do it, the meetings though. Any other suggestions? Anyone that I’ve named that you don’t think we should ask?

Jim Mann Jr. stated, I think you could get Doug, that would be good.

Director Weaver stated, my thought is I should also ask Steve. I don’t know if they’ll be interested or not, but. Okay. This meeting will be next, the 19th of March. Daytime meeting, nighttime meeting? When is best for you guys.

Don Ward stated, night time.

Director Weaver stated, night.

Don Ward stated, probably.

Mike Smolek stated, yeah because if we keep having meetings in the day time we’re going to be here all the time.

Director Weaver stated, if we keep having night time meetings I’m going to be here all the time.

Don Ward stated, or late in the afternoon before the, or 3-5.

Director Weaver stated, well that might work because my concern is Doug Roberts and Steve Brooke would not be able to get them here tonight.

Don Ward stated, Steve would want early in the morning because he goes to work very early.

Dennis Sterrett stated, 4 o’clock. I think he takes off about 3 in the morning.

Director Weaver stated, yeah, you’re right, he does.

Don Ward stated, he would want it 4 o’clock in the morning.

Director Weaver stated, well maybe he can make an exception for us. Okay, that’s all I’ve got this evening.

President Charles Anderson asked, any motions to adjourn?

Jim Mann Jr. made a motion to adjourn.

Mike Smolek seconded the motion.

The meeting adjourned.

Respectfully submitted,

Donald W. Ward, Secretary

White County Area Plan Commission

Diann Weaver, Director

White County Area Plan Commission

















Document Prepared By: __White County Area Plan, _______________________________________________