Get Adobe Flash player


The White County Area Plan Commission met Monday, June 9, 2008, at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

Visitors Attending were: Chris Thayer, Arlene Darnstadt, Brittney Gick, Amelia McWilliams, Nancy Wilson, Sonja Shively, Louella Westphal, Donna A. Westphal, Frank Starr, Don & Arlene Darnstadt, John Heimlich, Rob & Ellen Densborn, Doug Raderstorf, Connie Neininger, Brian Furrerr, Larry Redlin, Deb Redlin, Ron Wealing, Vernon Furrer, Ruth Ortiz, Petra Ortiz, James M Groeschl, J Allen Messer, Angie DeMarr, Thomas M. DeMarr, Cory Aubry, Rick Buschman, T M, Glenn Ruemler, Eric Burch and Ben Woodhouse (Deputy).

The meeting was called to order by President Charles Anderson and roll call was taken. Jim Mann Jr. made a motion to dispense with reading and approve the minutes of the May 12, 2008 meeting. Motion was seconded by Don Ward and carried unanimously.


#955 Petra Ortiz Garcia; The property is located on Lot 2 on Race Street, in the Town of Monon, located at 416 N. Race Street.

Violation: None

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

President Charles Anderson asked, do we have anybody here representing that request? You want to come forward and state your name. The representative or whoever wants to do it.

Ruth Ortiz asked, can I do it for her, she’s…

President Charles Anderson stated, you can do it for her.

Ruth Ortiz stated, okay.

President Charles Anderson asked, and you are?

Ruth Ortiz stated, I’m Ruth Ortiz.

President Charles Anderson asked, pardon.

Ruth Ortiz stated, I’m Ruth Ortiz.

President Charles Anderson asked, are you her daughter or…

Ruth Ortiz stated, no, I came to translate for her. She’s my Aunt.

President Charles Anderson stated, and she is…

Ruth Ortiz stated, her name is Petra Ortiz.

President Charles Anderson asked, the Commissioners have any questions about that request? You want to stay up here until we get…

Ruth Ortiz asked, am I supposed to stay up there. Okay, I’m sorry.

President Charles Anderson asked, no questions from the Commissioners then? You want to go ahead and …

Gerald Cartmell asked, what are we going to put in there? What kind of business is going in there?

Ruth Ortiz stated, umm, it’s really we’re trying to make little services, like prayers inside.

Gerald Cartmell asked, like what?

Ruth Ortiz stated, but we’re trying to install a restroom in there.

President Charles Anderson stated, install a…

Ruth Ortiz stated, excuse me?

President Charles Anderson asked, what are you trying to install there?

Ruth Ortiz stated, a restroom.

President Charles Anderson stated, a restroom…

Ruth Ortiz stated, yes.

President Charles Anderson asked, for…

Ruth Ortiz stated, like, the needs, you know what I mean.

Gerald Cartmell stated, no.

Jim Mann Jr. asked, you mean a restaurant?

Ruth Ortiz stated, restroom.

Jim Mann Jr. stated, restroom.

Ruth Ortiz stated, yes.

Gerald Cartmell asked, like a motel?

Ruth Ortiz stated, no, no, no, just a restroom.

Attorney Altman stated, like a bathroom.

Ruth Ortiz stated, a bathroom, yes.

President Charles Anderson asked, for a public bathroom.

Ruth Ortiz stated, no, just for the people that are going to be in there.

Dave Scott asked, are you going to put a church there or something like that?

Ruth Ortiz stated, no, not like a church but like a make little services, people get together and pray. We like to do that and we do it all the time at our house but were looking for a place that more people fit in. In a house it’s not really comfortable because people don’t fit well, so, that’s why we bought that place for.

Dave Scott asked, how many people are you talking, I mean, what do you plan on doing for parking and stuff like that?

Ruth Ortiz stated, well people walk, it’s not…

Dave Scott stated, well once we zone change…

Ruth Ortiz stated, we’re talking about like 30 people, excuse me.

Dave Scott stated, once we change the zoning on this, anything that’s in a B zoning can be put on that lot and this is kind of like a spot zoning and we don’t really like to do that.

Don Ward stated, maybe with a commitment, but…

Dave Scott stated, you’re not putting a building on there or anything?

Ruth Ortiz stated, no, we’re just trying to install a restroom inside.

Dave Scott stated, in the garage that’s there?

Ruth Ortiz stated, yeah, inside.

President Charles Anderson asked, and the rest of the garage would be used for your prayer meetings that you’re talking about or your get together's and what …

Ruth Ortiz stated, yeah.

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

Jim Mann Jr. asked, you indicated that people walk there?

Ruth Ortiz stated, yeah.

Jim Mann Jr. stated, some will surely drive there.

Ruth Ortiz stated, yeah, I mean, some of them, but most of the people would rather walk, especially in the summer. Maybe in the winter they could probably decide to drive, but…

Jim Mann Jr. stated the way I understand it right now, all the parking would be on the street.

Dave Scott stated, and it’s a corner lot.

Jim Mann Jr. stated, so.

Director Weaver stated, for a B-1, well for a public hall which is probably the most comparable type use for this, requires 1 parking place for every 4 seats.

Jim Mann Jr. asked, did you hear what she said?

Ruth Ortiz stated, yeah.

President Charles Anderson asked, how many people usually attend something like that?

Ruth Ortiz stated, not a whole bunch, probably like 20.

President Charles Anderson stated, which would be 5 spaces. And that would be on the street?

Director Weaver stated, no, it would be on, it would have to be on their property.

Gerald Cartmell stated, on their property.

President Charles Anderson stated, on their property.

Gerald Cartmell stated, they don’t have room there.

Director Weaver stated, well a parking space is 9 x 18.

Gerald Cartmell stated, yeah, but isn’t the building on there?

Director Weaver stated, there is only 1 building on the property now.

Dave Scott asked, and you have to same change the zoning in order to put a restroom in this building, is that what she’s…?

President Charles Anderson stated, well, she’s wanting a meeting house is what she’s wanting and the restroom would be where the people in the meeting house. Anybody in the audience have any questions about the request?

Attorney Altman stated, I have a couple letters here though that were handed to Dave this evening and I’ll read them into the record. One is dated June 07, 2008, White County Area Plan Commission, RE the zoning at 416 N. Race Street, Monon, Indiana. Sirs, I’m against rezoning this property from R-1, residential, to B-1, Business. I own adjacent property, there’s no room for parking. Thank You, signed by Jim Beliles. Well actually James O Beleiles. There’s another envelope that was handed and we will open it and read it. To the W.C. Area Plan Commission, My name is Peggy S. Barron. I am a Home Owner in Monon, IN. I live at 414 N. Race St., right next door to the property in question. I’m writing this letter voicing my objections to the rezoning of 416 N. Race St. Taking it from a residential district into a Retail/Business district. I’ve owned my since the end of 1999. This has always been residential & it should stay that way. The lot is too small to make into any kind of business, and there definitely is no space to make a parking lot. Therefore that would be one of the many problems that would occur. People would be blocking in our driveways, in front of our homes, & even in our driveways. Another would be littering. I work at the Family Dollar store here in Monon & I’ve seen first hand how people just throw their trash in the parking lot. They don’t care because it’s not their property, but this is my property & I do care. Then you have the noise. Vehicles, their engines, the slamming of the doors, people talking, yelling, horns honking. One of the bigger concerns of mine & many of my neighbors is how this will decrease our properties value. I believe that all Businesses should be kept in Business areas. Do not turn a residential area into a business area. We have already had problems with the people who bought that lot last late summer, early fall. So has some of my neighbors. They would throw their trash on the ground to where it would be blown over into our yards for us to have to pick up, sometimes they just straight out threw it into our yards. They would block our driveways with their vehicles to where we couldn’t get out. A few times they just parked right in my drive. Their children would come into my drive to play. These things occurred while they were working on the little garage that is on that lot. So I feel this is only a small sample of what will happen if they make a business there only it will be much worse. If this plan gets passed it definitely will cause many, many, problems. Not just for the Home Owners surrounding the lot, but for the whole town. Please do not pass this rezoning plan for 416. N. Race St. Sincerely, Peggy S. Barron. That’s all, thank you.

President Charles Anderson asked, does anybody else in the audience have any questions? You want to come forward and state your name. You can go ahead sit down there.

Larry Redlin stated, my name is Larry Redlin and I own the property that is cad-e-cornered from the lot in question. I’ve been there for 32 years and that lot had always been residential until the house burnt and then they took it down. My objection is to having a business in a residential area. One of my fears is what happens in the future if it changes hands what kind of business comes in next. There’s no parking on that. It’s a standard size lot and the street, 5th street is on the North side of this lot in question is a narrow street. I’ve got some pictures here I’d like the members to look at and you can see how the street narrows down if there’s cars parked on one side it becomes a 1 way street. Can I give this?

President Charles Anderson stated, save those for the file.

Larry Redlin stated, I think there’s other places in town that can be used for a business, other locations and I hope you decide not to do this and put this in a residential area. Thank You.

President Charles Anderson asked, any other questions in the audience? The Commissioners have any other questions?

Don Ward asked, well is that the only zoning that can possibly handle it?

Director Weaver stated, I don’t know. Anything else is a residential zoning. I mean anything lower is.

Don Ward stated, yeah.

President Charles Anderson stated, that kind of area there is all residential around it surrounding it.

Don Ward stated, they’d have to go thru the BZA anyways right?

Director Weaver stated, right.

Gerald Cartmell stated, they’ll be passing by.

President Charles Anderson asked, any other questions from the Commissioners? If not, I’d say lets go ahead and vote.

Attorney Altman asked, do we have Mr. Redlin’s exhibit? I enter that into the record as Exhibit C. And obviously the objector’s letters will be under their particular name as an objector’s exhibit.

The results of the vote were as follows: 0 affirmative and 7 negative. This will be presented to the Town Board of Monon for their action.


#956 Robert & Ellen Densborn; The property is located on 1.001 acres, PT E NW, 35-25-05, in Prairie Township, located West of Brookston between I-65 and CR 500 W, at 4693 W. 1250 S.

Violation: None

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

President Charles Anderson asked, do we have anybody representing this request? You want to state your name.

Ellen Densborn stated, Hi, I’m Ellen Densborn and this is Tom Demar, he’s the contractor that knows more than I do, so…

President Charles Anderson asked, what are you wanting to, put a house on there or…

Ellen Densborn stated, no. We already own a house there and the house is like, approximately 9 ½ feet to close to the road. It was built in 1916. It already has a porch that extends off the front…

President Charles Anderson stated, as far as the A-1 zoning it’s to close to the road. If you put it in an R-1 it will be within that…

Ellen Densborn stated, it will be okay. And all we’re wanting to do is enclose the front porch.

President Charles Anderson asked, the Commissioners have any questions about the request at all?

Director Weaver stated, they are improving, let me clarify a little bit, they are doing other improvements to the home and that’s what’s requiring this. They either have to try to rezone it or go thru a variance.

President Charles Anderson stated, BZA.

Director Weaver stated, if they rezone, then they would not need a variance, that’s correct.

President Charles Anderson stated, and if they get loans or anything else they about have to, well, even to work on it, yeah, pretty much. Anybody in the audience have any questions about the request? Commissioners have any? If not, I’d say lets go ahead and vote.

The results of the vote were as follows: 7 affirmative and 0 negative. This will be presented to the County Commissioners for their action.

Attorney Altman stated, that will be next Monday, right Diann?

Director Weaver stated, yes.

Attorney Altman stated, and ours are usually taken up at 8:30 in the morning, so they have the final say, so be there and give your evidence. 8:30, right here, next Monday morning. Thank You.


#957 Vernon N. & Janet A. Furrer; The property is located on 49.99 acres, PT N ½ SW ¼ , 28-27-4, in Honey Creek Township, located Northwest of Reynolds, being on the East side of CR 100 W between the railroad and CR 100 N.

Violation: None

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

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

Frank Star stated, yes sir, good evening. My name is Frank Star and I represent Bio-Town Energy. I work for Energy System’s Group which is a partner is Bio-Town energy who is seeking to develop this site. We’ve brought 4 pictures of the property to describe our request and describe the project we hope to undertake on this property.

President Charles Anderson asked, do you want to go ahead and present that then or...

Frank Star stated, yes sir. The property we’re seeking to rezone is in the lower left hand portion and we’ll represent the industrial portion of the project. The project is and anaerobic digester that will produce methane gas from animal manure. You can see from the upper half of the map being order in it directly North South. The Northern half where we will actually there are cattle barns and hog sheds and we’re, we will install a reception area to put the manure in, we will then put it in pipes, take it down that lane thru the woods and that will be the only disturbance to the woods will be the 20 foot wide gravel lane. Bringing the pipe down to the anaerobic digester then immediately South of the digester will be a building that will house internal combustion engines. Two big caterpillar 16 cylinder engines and the methane gas will be put into those engines and we will make electricity with it.

President Charles Anderson asked, where’s the electricity going to go from there? Is it sold locally or is it sold nationally or…

Frank Star stated, we will be interconnecting with the Wabash Valley Power Association, the White County R.E.M.C., and they will be running the interconnection line 3 miles kind of off the map down to the Honey Creek substation and we will be interconnecting with them there. And we have a letter of intent with them to negotiate the purchase of the power.

President Charles Anderson asked, on the, are you going to have other than the pipe in manure, you going to have hauled in manure in the area to or is it...

Frank Star stated, we make, we are not currently in negotiations to haul in manure. That fundamentally depends on economics and at this point we’re dealing just with the material that is currently on site.

President Charles Anderson asked, as far as the amount of electricity, how many homes would that take care of.

Frank Star stated, in our Phase 1 project, we’re contemplating 2 ½ megawatts. That would exceed the electric demand of the City of Reynolds. We have been told that the demand in Reynolds is about 1 ¼ megawatts. But, it’s not, although that power would likely be the power, since it went on the grid, and electricity doesn’t travel far when it can travel a short distance, it’s likely the power that will go to Reynolds, but once we put it on the grid you just, you can’t say.

President Charles Anderson stated, if you throw it on the line, it’s going to be picked up somewhere, somewhere along the lines.

Frank Star stated, exactly. It goes where it will.

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

Frank Star stated, if you don’t mind, if you could, this is actually the blow up of the Southern section, this is what will be in the rezoned property. You can see the brown section is the digester itself and then we have a 200’ buffer zone between this project and the City of Reynolds Municipal Wastewater Treatment Plant. And then immediately to the South, the yellow, the energy, what we’re calling the energy center, where the engines will be, and immediately to the South of that will be where there’s a water retention area. So the digester will actually be tucked up against the woods and the energy center and then further to the South, the retention area and then the existing Wastewater access road to the Wastewater Treatment Plant.

President Charles Anderson asked, this will be basically animal waste.

Frank Star stated, yes sir. Well those are 2 entirely different regulatory reviews and we have said in our agreement with the Bio-Town Development Authority that we will make every effort to try to integrate the Municipal Wastewater Treatment Plant in the digester but at this point that is exceedingly difficult.

Dave Scott asked, is there a superannuate or something that comes off the digester also or is every, is there a by product once you, or is everything burned off of it?

Frank Star stated, well what all we really take out of it is the methane that would otherwise be released into the atmosphere.

Dave Scott asked, and then what happens to the what’s left.

Allen Messer stated, well we’re going to make Al Gore very happy sequestering that methane. That’s important. What comes out after that are the solids that are undigested by the anaerobic bugs and that can be reused as animal bedding. In the balance of the solids come out and were doing water filtration and that will just be returned to the farm and it will be used as the farm currently uses it. This is not in the rezoning request but we wanted to bring you the Northern end of the project so you could see what that was going to entail as well. It’s just an area where the manure can be centralized, received, and mixed because the digester requires it go in at a very precise and consistent moisture content. So that’s accomplished in the mixing area with the 2 different types of manure there are 2 different solids and that varies with humidity and then the final picture that we brought is an aerial photo. It is a little hard to see but we wanted to give you a big picture of what’s taking place and you can, if you could just get a outline of where the digester is going to be, just the digester itself, that’s, its kind of tucked up in the corner by the woods and by the Wastewater Treatment Plant, so we…

Some one asked, could you turn that around so that people out there could see it?

Allen Messer stated, right here is the area of the digester, big open field there now, this is the approximate area of the rezoning, so, currently an open field, here’s the woods to the North.

Frank Star stated, and then a major league to the South of the digester, the energy center, and then it is presently anticipated although it has not been decided yet that the very Southern end of that, were, that strip of land right there is where we are donating 5 acres of land to the Bio-Town development authority for them to put a visitors and education center. They had the option of putting that where they want it, but, that’s the current concept.

Don Ward asked, what’s going to happen to the land that, west of the digester? You going to farm that or…

Frank Star stated, I believe that’s going to be…

Don Ward stated, next to the road.

Frank Star stated, yes sir.

Don Ward asked, how much noise will this put out?

Frank Star stated, umm, the sound that a caterpillar engine makes inside a building.

Don Ward stated, alright.

President Charles Anderson stated, it would be similar to the generators up the waste, or the South wouldn’t it.

Don Ward stated, so this wouldn’t be enough to bother the people that live near there.

Rick Bushman asked, do we have a decibel estimate.

Allen Messer stated, I would think you’re probably not into the 90 db range.

Don Ward asked, will the buildings be closed at all times or will they be opened up in the summer?

Allen Messer stated, operating a car without a muffler is probably operating around 93 db. If you’re talking about the outside of the building itself, around the general area within 100 feet you probably wouldn’t even have 90 db’s.

Jim Groeschl stated, you’ve got about 1200 feet here to from the generator building to the road.

Attorney Altman stated, gentlemen I question you, you’re talking to far from the mic. You in particular. You got to talk louder if you’re going to get on the record.

Jim Groeschl stated, okay.

Don Ward asked, what’s the possibility of more digester or more generators going in West of there?

Allen Messer stated, to the extent the project was to expand we would have to negotiate any expansion with the Bio-Town Development Authority and I think …

Frank Star stated, there is an area designated now for future expansion, it goes South rather than West so you can get another generator into the South of it, that’s shown on the drawings there.

Rick Buschman stated, your generators will stay in…

Attorney Altman stated, wait wait, excuse me. You’ve got to come up to the mic, I’m sorry.

Rick Buschman stated, will stay in a grouping

Allen Messer stated, yes sir.

Attorney Altman stated, you identify yourself for the record.

Allen Messer stated, my name is Allen Messer, I’m with CDS Associates.

Frank Star stated, we’ve engaged CDS to do the design work, the surveying, and the aerial layout of the buildings.

Attorney Altman stated, very good, thank you, just want to get the record.

Gerald Cartmell stated, did you state 2 3600 cats, engines?

Allen Messer stated, 2 cat 3520’s.

Gerald Cartmell stated, 3520’s.

Allen Messer stated, they’re each 1.6 megawatt rating and they will be manufactured right in Lafayette.

Don Ward asked, what type of building do you intend to put up?

Frank Star stated, right now we’re looking at just a block building.

Don Ward stated, well that helps hold the noise down.

Jim Mann Jr. asked, where’s the nearest residence or farm from the property location?

Allen Messer stated, some right over here across, this is 100 W, so right here’s 1, and then theirs 1…

Gerald Cartmell stated, and that’s Brian’s house, that’s too bad.

Allen Messer stated, if we were to change back to the overview drawing, all the properties are identified on the overview design drawing. Not on this aerial photo.

Frank Star stated, so I guess the answer to your question is the nearest is 12-1500 feet from the building.

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

Sonya Shivley stated, hi, my name is Sonya Shivley. We do own property next to this, um, the Bio-Town, whatever its called, but anyway, I’m curious if this goes industrial, what’s that going to do to my taxes. I’m not against Bio-Town, I think it’s a great thing, but I am concerned about what it does to my property and the property around us. Not just my property, but the property around us if it goes industrial.

President Charles Anderson stated, as far as it, you will still be zoned the way you are, it won’t affect …

Sonya Shivley stated, it will be zoned the way it is, right, I agree with that, it will be zoned the way it is, but when that goes industrial, I’m sitting next door, agriculture, now I don’t know, I’m not up on all that, I have no idea, I’m just asking questions.

President Charles Anderson stated, they can’t change your zoning.

Sonya Shivley, they can’t change my zoning. Can they up my taxes?

President Charles Anderson stated, no.

Sonya Shivley stated, no.

President Charles Anderson stated, you’re going to be at the same rate as anybody else with agricultural property in the area.

Director Weaver stated, taxes are based on the use of the property so your taxes should not change.

Sonya Shivley stated, okay, thank you.

President Charles Anderson asked, any other questions from the audience. Come forward and state your name.

Amelia McWilliams stated, my name is Amelia McWilliams. I live at the corner of, well my sister and I live at the corner of CR 100 W and 50 N, right across from the Catholic cemetery and we were wondering about the, if there’s going to, about the noise level and about the quality of the air. Right now if the winds blowing from the North you can’t go outside, you can’t breathe the air and we want to know if when the wind blows from the South or the East if we’re going to have the same problem.

President Charles Anderson stated, any, anybody in the group want to comment on that.

Allen Messer stated, yes, the intent of the digester is to eliminate that odor. Digesters are very much more a sophisticated way of handling and disposing of manure and it is anaerobic so for our process to work there must be no oxygen, so it is a complexly sealed structure and most of the solids will be piped down to the digester and then piped back up to the farm. So there will be little or no odor at the actual digester and there will be greatly reduced odor up near the existing animal barns.

President Charles Anderson stated, as far as pump back that would be water and solids pump back after the digesters worked on it.

Allen Messer stated, yes sir.

President Charles Anderson stated, because they handle, would handle the solids once they’ve gone thru the digester.

Allen Messer stated, it will be pumped down at approximately 12% solids and then some of the solids are volatilized so the return will be at about 10% solids. And then a screw press will take the remaining solid undigested material out.

President Charles Anderson asked, what is left in that fluid then there afterwards. Is there still bacteria in that fluid at that point.

Allen Messer stated, no, the bacteria don’t survive. What’s left is the nutrients. Those are completely un-reactive. The temperature of the digester is about 100° so there is no chemical reactions that take place. It’s just the bacterial reaction on the carbon to create methane. Carbon in the water makes CH4 which is methane.

President Charles Anderson asked, does the state have anything to do with inspecting you and how you can put it in to what you put it in or is it federally…

Allen Messer stated, absolutely we will be filing a permit with the Indiana Department of Environmental Management to build a digester, operate the digester, and to operate the internal combustive engines.

President Charles Anderson stated, and they will be the ones to inspect it when everything’s done.

Allen Messer stated, yes sir.

President Charles Anderson asked, are their periodic inspections then after that?

Allen Messer stated, yes. Theirs emissions monitoring and periodic inspections. And if we get the zoning changed we need to apply for construction permits. So this will go thru the full regulatory review at every local and state level necessary.

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

Connie Neininger, good evening. I’m Connie Neininger, I’m the White County Economic Director and I’m here to state that the Economic Development Office is in favor of this project. As many of you now, the goal of the Bio-Town project is to develop a community that is energy self sufficient using bio renewable resources. With this project we have a group of individuals, the Bio-Town authority that has been working very closely with hers and ESG on this project and our very conscience’s of the Reynolds area because several of them live in that area and one of the things that excites them most about this project is the future potential development in that area. Again, we’re looking at possibilities related to bio energy, bio renewable resources and so with this area zoned for industrial it does open up some other potential development for us, for the town of Reynolds in the Honey Creek Township. On the noise, if any of you have been up to the Liberty Landfill, they actually have 4 generators that set up there at this point and time, enclosed within a cement block building and when you’re standing outside that you have to be right up close to the building to hear that and I know they’re taking the methane off of the landfill mass which again is similar to the project that they’re doing here and again it does help with the odor all the way around, especially right there at the site. I mean you have to go inside the room to smell the gas that’s there. So again, I just want to stress that we are in support of this project and we hope that you will vote favorably for the project. Thank You.

John Heimlich stated, John Heimlich and I’m here tonight representing the Bio-Town development authority which was formed to oversee the Bio-Town initiative. The BDA, the 27th of May did enter into an agreement with Bio-Town Energy for the 1st phase of this project for the building of the digester, that agreement also sets the framework for any future development that might occur and as Mr. Star indicated any future development would have to be approved by the BDA. Also from the time the governor announced the Bio-Town initiative back in the fall of 2005. Really early on in the discussions after that this property was identified as the most likely site for the development and the sighting of the technology for Bio-Town. So again, on behalf of the Authority we are in support of this project and we are requesting a favorable recommendation on this rezoning. Thank You.

President Charles Anderson asked, I’m sorry, did they answer your question about the odor and noise and things, right behind you.

Amelia McWilliams stated, um, pretty much.

President Charles Anderson asked, do you have anything else you want to say on…

John Heimlich stated, and I might, in answer to that from the viewpoint of the Authority, that’s been one of our, I guess main focuses from the time we first started talking about the digester was to emphasize that this was going to reduce the odors and I mean anything that I’ve read or seen about digesters, that’s the idea. They are becoming more common in large livestock operations because they do answer the environmental concerns by reducing the odors.

Amelia McWilliams stated, it has pretty much answered my question, yes and I would like to note that I know where John lives, if it smells, I can, I also know where Greg lives. Thank You.

President Charles Anderson stated, as far as cost of this project and cost of the energy produced from it, is it comparable to what this dirty coal gets us? Do you want to comment on that? Is there subsidies that you’re getting to help you build this at all or…

Frank Star stated, no sir, there is 1 USDA section 9006 grant that Bio-Town ag applied for and was awarded for their portion of the digester. The entire project is working without subsidy and in fact we’re making a payment to the development authority based on the amount of electricity we produce.

President Charles Anderson stated, as far as cost per kilowatt hour or whatever will be real comparable to a coal burning plant or…

Frank Star stated, we are subject to market negotiations with Wabash Valley Power Association and we will get the market that they get their customers. That’s, that’s what we get. Far more important to us, and I don’t want to minimize it, we are sequestering the methane emissions that otherwise come off of this as a greenhouse gas and we believe that as a energy company that those carbon emissions will have value in the future. As carbon is, becomes a regulated emission.

President Charles Anderson stated, I already promised Al Gore I’d eat more beef to get the dirty methane build up…

Frank Star stated, we have not concluded a contract with Wabash Valley so I can’t answer that question because we don’t know what they are going to pay us.

Don Ward stated, how are you going to exhaust the, from the engines. They won’t be diesel they will be L.P.

Frank Star stated, no their methane.

Don Ward stated, high in the air or…

Frank Star stated, it goes thru a series of mufflers and it is injected high.

Don Ward stated, no filtering of that, right.

Frank Star stated, oh absolutely, theirs filtering in the engine and then theirs fabric filter for the particulate matter.

Don Ward asked, how many people will it take to run this, do you have to have somebody there 24 hours a day or…

Frank Star stated, no sir. Typically these engines can be remote controlled and remote monitored. Certainly everyday there will be someone who goes by and checks them, but they are automatic controls that if it begins operating out of the acceptable range it will shut the engines down.

President Charles Anderson asked, any other questions in the audience?

Gerald Cartmell asked, are you asking for a tax abatement. Haven’t heard that yet.

Frank Star stated, we should be, but we haven’t yet.

Gerald Cartmell stated, the last one we let didn’t, of course it wasn’t a digester but, they didn’t ask for one. I’m just checking.

Jim Mann Jr. asked, what do you anticipate your start up time to be.

Frank Star stated, that’s a long road. It is our goal to have it operating this year, but there are a number of approvals that need, that are precedent to us starting anything, so.

Jim Mann Jr. stated, okay.

Don Ward stated, and what we’re rezoning here is just the area for the engines, the building and the engines, not the digester.

Frank Star stated, no sir, the digester will be in the industrial area. The property to be rezoned runs right along the wood line.

Gerald Cartmell stated, so its 40 acres.

Frank Star stated, the whole 50 acres.

Gerald Cartmell stated, oh yeah, 49.

Attorney Altman stated, and it’s presently just a rezone to I-2. Any I-2 use can go in there.

Gerald Cartmell stated, well I think we’re going to talk about that a little bit.

Attorney Altman stated, I’m just saying out loud that’s where it is right now.

Director Weaver stated, there is a special exception filed on this that will be going in front of the BZA on June 19th.

Gerald Cartmell stated, so we don’t need to talk about it. We’re not going to have a meeting the 19
th are we.

Director Weaver stated, we are, you aren’t.

Gerald Cartmell stated, without me.

President Charles Anderson asked, any other questions at all? If not I’d say lets go ahead and vote.

The results of the vote were as follows: 7 affirmative and 0 negative. This will be presented to the County Commissioners for their action next Monday morning, right here. 8:30. Everybody understand that? Very good, we will see you then.


#323 Karen P. Hall & David T. Barber; Requesting approval of a 2 lot subdivision to be known as Guthrie Overlook, on 2.547 acres, Part SE ¼ SE ¼, 33-27-03. The property is located in the City of Monticello, at 406 E. Ohio Street.

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

Jim Mann Jr. stated, I’d like to, just for the record, that ill be reclusing myself from this vote.

Terry Smith stated, we object.

Jim Mann Jr. stated, to bad.

Terry Smith stated, my name is Terry Smith, I represent Doctors Hall and Barber with regards to the subdivision. They couldn’t be here today. Also I think Jim reclused himself because of Real Estate Network has the property listed, would that be correct. Uh, it’s a 2 lot…

President Charles Anderson stated, let’s let everybody leave here first.

Terry Smith stated, ok, no-one’s interested in this, I don’t understand.

President Charles Anderson stated, we just want to get on you here in a second.

Terry Smith stated, this is the old Guthrie property, Bob Fisher lived there and then George Bailey and now the Doctors. They no longer live there. It is for sale. It is a 2 ½ acre tract, they wish to cut off 1 acre, as far as I can tell everything meets the requirements of the subdivision ordinance. I spoke to Diann earlier today, she indicated she had a concern about access, I went back and looked at the proposal. It fronts Ohio Street, the existing access to the house located on the property actually crosses this ground off of Ohio Street and I wouldn’t see any problem using the existing driveway. I note that the property is currently zoned R-2 and if that’s a concern to anybody it shouldn’t be. The restrictions submitted by Mr. Milligan with the plat indicate that it can only be used for a single family dwelling and put size limitations on it. If that is a concern, I would assure you and I have my clients consent that there is no intent for this to be used as multi-family, this is single family only and if you would want a condition or covenenant attached outside the restrictive covenants they are more than willing to do that. Any Questions.

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

Don Ward stated, I’ve got something that I think ought to be done. They show property corners and then they have pipes online and I think they should list the dimensions between the pipes so some surveyor someday who is not in the best of health or has a bad day can figure out what they are. It would certainly help in the future.

Terry Smith stated, that one’s above me.

Don Ward stated, you know what I mean.

Terry Smith stated, not exactly.

Don Ward stated, they show the dimensions and the bearings from corner clear to corner but there aren’t any corners down at the lake…

Terry Smith, ahh, I got ya.

Don Ward stated, so they have pipes up at the top of the bank and they need to show the distance from the pipes that are existing between those so that a surveyor can figure out if he’s right, it would help him in the future, that’s all it is, they have it, all they have to do is put it on there.

President Charles Anderson asked, anybody in the audience have any questions about the request? You want to come forward and state your name, get on the record.

Donald Darnstaedt stated, we live East of the property they are talking about, 3 houses East. Will this evaluate the area?

Terry Smith asked, are you asking me?

Donald Darnstaedt stated, yeah.

Terry Smith stated, I wouldn’t think so but I mean, I would have no idea.

Donald Darnstaedt stated, okay, thank you. We have some problems. You have an area there that you can’t build another house on really because the foundation is under it. When Monticello had the tornado in 74, that was a ravine through there and Bob Fisher filled it with foundations and whatever you can get from Monticello. Are you aware of that?

Terry Smith stated, I’m not, but I would assume that would be something that the Building Commissioner would regulate.

President Charles Anderson stated, not back during the tornado, we didn’t have one.

Terry Smith stated, no no, I mean now. When somebody would apply for a building permit.

Gerald Cartmell stated, never know it.

President Charles Anderson stated, it would be buried and he’d never know it.

Donald Darnstaedt stated, just curious, you know.

President Charles Anderson stated, where is that drainage that was filled in? Does it show on this at all?

Terry Smith stated, on the actual plat it appears there is a ravine that cuts in, not part of the actual building area though.

Donald Darnstaedt stated, I’ll show this to you Charlie.

President Charles Anderson stated, yeah, I think I see it right here, but I mean, that’s a pretty steep bank isn’t it. That’s, how far is the ravine come up out of it. Is there an old area photo.

Donald Darnstaedt stated, since 76, yeah. This was an area picture.

Don Ward stated, yeah, the way it is, I suppose the ravine is up in there, I don’t know. This bank was slipping though at one time. But if they build back here see they will be up farther away from the bank from the existing house and they would still be even with that house. They could bring the driveway up from here if they’d like.

President Charles Anderson stated, as far as reducing your property values, I imagine your going to try sell that lot at so much money its …

Don Ward stated, I would rather if I owned it, I wouldn’t want the house there, I can tell you that, but I think they probably paid to damn much money for it and they are trying to figure out how to get out of it.

Attorney Altman stated, I’ve marked it as an exhibit, exhibit A.

Several members of the board are speaking at once.

Don Darnstaedt stated, this is Ohio Street, little league park right there, this comes out and this is medians over there, okay. This is, had a ravine there and they dumped Monticello there.

Gerald Cartmell stated, they dumped Monticello there, huh.

Don Darnstadet stated, yeah, really they did.

Gerald Cartmell stated, yeah, I remember that ravine in there.

Don Darnstaedt stated, mm hmmm, and this picture was taken while they were busy doing it.

President Charles Anderson asked, is that part of the courthouse.

Don Darnstaedt stated, yes, part of the courthouse, part of the foundations, this is the…

President Charles Anderson stated, Presbyterian Church.

Don Darnstaedt stated, pardon.

President Charles Anderson stated, Presbyterian Church.

Gerald Cartmell stated, anything the city had to dump went there.

Don Darnstaedt stated, yeah.

Don Ward asked, what’s that, the old tower off the city building?

Don Darnstaedt stated, yeah it is there.

Don Ward stated, you got it, you got it right there.

Don Darnstaedt stated, we live over here, okay, so we live right there on the railroad.

Don Ward stated, I was in that old Guthrie house, captain and a Guthrie in there.

Don Darnstaedt stated, a lot of history there.

Gerald Cartmell stated, it’s a bear’s nightmare.

Don Ward stated, the back was slipping here at one time, I know that.

Don Darnstaedt stated, right here, right thru here.

Don Ward stated, yeah.

Dave Scott asked, so approximately where is that property on?

Don Darnstaedt asked, where? Right along here.

Dave Scott asked, but I mean where they are wanting to subdivide it, where’s this line at?

Don Darnstaedt stated, this is Ohio Street coming right there.

Gerald Cartmell stated, no, Ohio Street is down here.

Don Darnstaedt stated, okay, down here.

Don Ward stated, I’d say a ravine must have come up thru here somewhere.

Don Darnstaedt stated, mm hmmm.

Don Ward stated, because theirs the old line from NIPSCO.

Dave Scott stated, I don’t think what’s buried there is probably not a concern of ours.

Don Darnstaedt stated, unless they try to build a basement in under there.

Dave Scott stated, but that’s not our concern, I don’t think.

Don Darnstaedt stated, you’re right, you’re right.

Don Ward stated, they can build, they’d still be a lot farther away from the embankment than the old Guthrie house is.

Don Darnstaedt stated, that’s right, that’s right.

Don Ward stated, they build in here, they can still build a big house.

Don Darnstaedt stated, okay, and I don’t know about…

President Charles Anderson asked, as an engineer, would you say they could build on that lot or is there question about building on that lot?

Don Ward asked, is this a driveway? It wasn’t plain.

Don Darnstaedt stated, umm.

Terry Smith stated, yeah, the drive, this is the driveway, yeah.

Don Ward asked, okay, there going to try to share that, is that it?

Terry Smith stated, well, what they would end up doing, they’d actually have to give the existing house access over to this lot, and my assumption would be that that would be the natural place to come in but you’ve got 90 feet here off of Ohio Street where you could come in here.

Don Darnstaedt stated, or you could even come in thru here.

Don Ward stated, yeah, they could come in here too. Either way, I think that goes around and comes back out here. I haven’t been down there for a long time.

Don Darnstaedt stated, mm hmmm, that’s right.

Don Ward stated, I think they put gabions on this embankment to try to hold it.

Don Darnstaedt stated, yes they did, yes they did. And did a good job.

Don Ward stated, but they could stay even with the front here and if they, that would be a big house and they would still be quite a distance from the top of the bank. You know what I’m talking about.

Terry Smith stated, sure, I do now.

Don Ward stated, form the pipes.

Don Darnstaedt stated, okay, thank you.

Don Ward stated, that’s just something that would help the next surveyor in 25 years.

President Charles Anderson asked, Don do you want to get, do you want to get into that on the record, we can’t record it here or anything. Do you have any comments on that as far as the, what we’ve been…

Don Ward asked, what?

President Charles Anderson stated, as far as whether you think it would be a build able site with that in there or…

Don Ward stated, yeah, I think its build able. That’s the risk of the builder, you know, he has to clean it out, he has to do it. The land is there. But definitely the ravine did come up thru there, you can see where NIPSCO had their line. They would be farther away from the embankment than the house is now by quite a lot. The house that’s there now is close.

Don Darnstaedt stated, yes it is.

President Charles Anderson stated, so they would build closer to Ohio Street.

Don Ward stated, they would be about 40 feet away from the top of the bank and they could still put a big house there. They could even move farther than that, but they probably want to stay even with the house.

Don Darnstaedt stated, they have, they have the, gabions down there helping them…

Don Ward stated, down in here, all thru there.

Don Darnstaedt stated, yes, mm hmm.

Don Ward stated, yeah, I figured they did because Joy asked me about them when they moved in there. I don’t know, there may be trash and stuff down there and that’s just the risk you take.

Don Darnstaedt asked, are you going to keep that?

Attorney Altman stated, yes, it’s your exhibit.

Gerald Cartmell stated, you can get it back. I think that’s the only one they have.

President Charles Anderson stated, I think our only problem is if it meets all the requirements of the subdivision unless we can find something that we really shut it down for some health type of a reason we really have to pass it.

Don Ward stated, we can’t really turn it down. I don’t think we can turn it down.

Gerald Cartmell asked, he can’t ever have it back?

Director Weaver stated, he can have a copy of it.

Gerald Cartmell stated, Don, you can get, they will get you a copy of it.

Arlene Darnstaedt stated, I have another one.

Gerald Cartmell stated, oh, okay.

Arlene Darnstaedt stated, I have the original.

Gerald Cartmell stated, okay.

Donald Darnstaedt stated, thank you.

Attorney Altman stated, when you give it to, as an exhibit, we have to keep it, it’s an exhibit.

Donald Darnstaedt stated, that’s alright.

President Charles Anderson stated, as far as access to the lot on it, is there, are they going to come thru one lot for the other house, do they have to have a 50 foot right of way for the subdivision or they coming right off Ohio Street or…

Terry Smith stated, no, you have, actually 2 roads you could come off of.

Don Ward stated, it’s their choice, I mean.

President Charles Anderson stated, their choice.

Don Ward stated, yeah.

President Charles Anderson stated, but they’ve got plenty of access points on there.

Don Ward stated, see they, it looks like they are going to share a drive so they could use it into their home into the second home or they could come in off the Ohio Street or Juanita Street, they could do it either way they want to. Or they could put in their own separate driveway.

President Charles Anderson asked, so are we doing both primary and secondary then?

Dennis Sterrett stated, you’d have to make a U turn to get into it right. You’d have to go down.

Terry Smith stated, the same way they get in now, yeah. If you come in off the existing drive you have to go, cause theirs a median that divides, you’d have to go down and come back around. Now you could, although you’d have to take out a bunch of pine trees if you came in a direct shot you could do that, you’ve got 45 or 50 feet there you can just come straight in but I, I mean, if I were going to build the house I wouldn’t want to destroy the trees, but you never now.

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

Gerald Cartmell asked, is there anything we need to know about?

Director Weaver stated, as far as I know it meets all the standards.

President Charles Anderson asked, do you want to add anything?

Donald Darnstaedt stated, just one thing, you know, they want to put, that’s fine with me. I don’t think it will hurt me, but it will, I’m on the other side.

President Charles Anderson asked, did you want to add anything or have them add anything to this plat or was that…

Don Ward stated, well, not really, I think they should stay away from the embankment but I don’t think we ought to tell them that. I think they ought to build with the back of their house at the back of the existing house, in line with it. But they will probably want the front in line with the front of the existing house although it’s not necessary. Is your house in line with their house? No. Is it closer to the street or farther away? Closer probably.

Donald Darnstaedt stated, I’m closer to the street

Terry Smith stated, yes.

Don Ward stated, well that, if I were selling it, if I owned it I would not want their house closer to the street than mine, so.

President Charles Anderson stated, yeah, but their not living there anymore anyway is why their selling the lot off.

Don Ward stated, I’m not going to buy it so…

President Charles Anderson asked, so all the provisions of the subdivision are met as far as you know.

Director Weaver stated, I believe so.

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

Don Ward asked, do you think they have enough drainage?

Director Weaver stated, they do have drainage approval.

Gerald Cartmell stated, couldn’t go anywhere but that way.

Don Ward stated, yeah.

Terry Smith stated, hopefully gravity still works.

The Primary Approval for a 2 lot subdivision to be known as Guthrie Subdivision was approved by a vote of 6 to 0, 1 abstention, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met.

Don Ward stated, the one condition we forgot was to put more dimensions on the plat.

President Charles Anderson stated, we can add that to the secondary. You want to put more dimensions…

Don Ward stated, put the dimensions we discussed on the plat, put that on one of them, on this one.

Attorney Altman stated, yes, I agree with that completely, those are to go on there for future reference.

Don Ward stated, I forgot that, I’m asleep here.

The Secondary Approval request for a subdivision to be known as Guthrie Subdivision was approved by a vote of 6 to 0, 1 abstention, based on a finding of fact that the Standards of the Subdivision Control Ordinance have been met and subject to the dimensions between the property corners and property line stakes pipes to be put on the plat.

Terry Smith stated, thank you.


President Charles Anderson stated, next would be business. Do we have any old business or new business?

Director Weaver stated, only thing we have, we’re still working on the ordinance. We do have meetings scheduled for Wednesday night at 6:30, were just, have been discussing the landscaping section of the ordinance. Our intention is to have everything done and complete so this will be, this ordinance and the subdivision ordinance will be presented to you for a vote at your next meeting. That’s what were aiming for.

Attorney Altman stated, and the windmill too.

Director Weaver stated, pardon.

Attorney Altman stated, the windmill ordinance…

Director Weaver stated, that’s a part of the zoning ordinance.

Attorney Altman stated, okay, okay, good.

Director Weaver stated, that is part of it.

Greg Bossaer stated, Diann, it’s probably impossible now, but it would be neat to figure out the number of man hours and woman hours put into this from people, because it’s incredible. You go back 3 years.

Director Weaver stated, it is incredible, oh yeah.

Attorney Altman stated, a lot of input, I wasn’t at nearly all, nearly many of those meetings.

Director Weaver stated, well a lot of, these small groups are getting a lot more done than the bigger groups did. The group really gets down to business with these smaller groups.

Attorney Altman stated, I thought the other day on the administration, the 5 people there that, we got thru that pretty well.

Director Weaver stated, we didn’t do that one as extensive as we have some of the others though. I mean we really, the landscaping we’ve really put a lot of time in it already and…

Greg Bossaer stated, I just think its going to be a good ordinance.

President Charles Anderson asked, anybody else have any other business? Do I hear a motion for adjournment?

Don Ward made a motion to adjourn.

Greg Bossaer 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, _______________________________________________