Get Adobe Flash player

<!-- /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-unhide:no; mso-style-qformat:yes; mso-style-parent:""; margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman","serif"; mso-fareast-font-family:"Times New Roman";} p.MsoHeader, li.MsoHeader, div.MsoHeader {mso-style-unhide:no; mso-style-link:"Header Char"; margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; tab-stops:center 3.0in right 6.0in; font-size:10.0pt; font-family:"Times New Roman","serif"; mso-fareast-font-family:"Times New Roman";} p.MsoFooter, li.MsoFooter, div.MsoFooter {mso-style-unhide:no; mso-style-link:"Footer Char"; margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; tab-stops:center 3.0in right 6.0in; font-size:10.0pt; font-family:"Times New Roman","serif"; mso-fareast-font-family:"Times New Roman";} p.MsoBodyText, li.MsoBodyText, div.MsoBodyText {mso-style-unhide:no; mso-style-link:"Body Text Char"; margin-top:0in; margin-right:0in; margin-bottom:6.0pt; margin-left:0in; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman","serif"; mso-fareast-font-family:"Times New Roman";} span.BodyTextChar {mso-style-name:"Body Text Char"; mso-style-unhide:no; mso-style-locked:yes; mso-style-link:"Body Text";} span.FooterChar {mso-style-name:"Footer Char"; mso-style-unhide:no; mso-style-locked:yes; mso-style-link:Footer;} span.HeaderChar {mso-style-name:"Header Char"; mso-style-unhide:no; mso-style-locked:yes; mso-style-link:Header;} p.FindingsofFact, li.FindingsofFact, div.FindingsofFact {mso-style-name:"Findings of Fact"; mso-style-unhide:no; mso-style-parent:"Body Text"; margin-top:0in; margin-right:0in; margin-bottom:6.0pt; margin-left:0in; mso-pagination:widow-orphan; tab-stops:.5in; font-size:12.0pt; mso-bidi-font-size:10.0pt; font-family:"Times New Roman","serif"; mso-fareast-font-family:"Times New Roman";} .MsoChpDefault {mso-style-type:export-only; mso-default-props:yes; font-size:10.0pt; mso-ansi-font-size:10.0pt; mso-bidi-font-size:10.0pt;} @page WordSection1 {size:8.5in 11.0in; margin:1.0in .5in .6in 1.0in; mso-header-margin:0in; mso-footer-margin:.3in; mso-page-numbers:1; mso-paper-source:0;} div.WordSection1 {page:WordSection1;} /* List Definitions */ @list l0 {mso-list-id:1005209029; mso-list-type:hybrid; mso-list-template-ids:1938730482 -1998545792 67698713 67698715 67698703 67698713 67698715 67698703 67698713 67698715;} @list l0:level1 {mso-level-tab-stop:.75in; mso-level-number-position:left; margin-left:.75in; text-indent:-.25in;} @list l0:level2 {mso-level-number-format:alpha-lower; mso-level-tab-stop:1.25in; mso-level-number-position:left; margin-left:1.25in; text-indent:-.25in;} @list l0:level3 {mso-level-number-format:roman-lower; mso-level-tab-stop:1.75in; mso-level-number-position:right; margin-left:1.75in; text-indent:-9.0pt;} @list l0:level4 {mso-level-tab-stop:2.25in; mso-level-number-position:left; margin-left:2.25in; text-indent:-.25in;} @list l0:level5 {mso-level-number-format:alpha-lower; mso-level-tab-stop:2.75in; mso-level-number-position:left; margin-left:2.75in; text-indent:-.25in;} @list l0:level6 {mso-level-number-format:roman-lower; mso-level-tab-stop:3.25in; mso-level-number-position:right; margin-left:3.25in; text-indent:-9.0pt;} @list l0:level7 {mso-level-tab-stop:3.75in; mso-level-number-position:left; margin-left:3.75in; text-indent:-.25in;} @list l0:level8 {mso-level-number-format:alpha-lower; mso-level-tab-stop:4.25in; mso-level-number-position:left; margin-left:4.25in; text-indent:-.25in;} @list l0:level9 {mso-level-number-format:roman-lower; mso-level-tab-stop:4.75in; mso-level-number-position:right; margin-left:4.75in; text-indent:-9.0pt;} @list l1 {mso-list-id:1793018410; mso-list-type:hybrid; mso-list-template-ids:-1645471836 -1679498198 67698713 67698715 67698703 67698713 67698715 67698703 67698713 67698715;} @list l1:level1 {mso-level-tab-stop:.75in; mso-level-number-position:left; margin-left:.75in; text-indent:-.25in;} @list l1:level2 {mso-level-number-format:alpha-lower; mso-level-tab-stop:1.25in; mso-level-number-position:left; margin-left:1.25in; text-indent:-.25in;} @list l1:level3 {mso-level-number-format:roman-lower; mso-level-tab-stop:1.75in; mso-level-number-position:right; margin-left:1.75in; text-indent:-9.0pt;} @list l1:level4 {mso-level-tab-stop:2.25in; mso-level-number-position:left; margin-left:2.25in; text-indent:-.25in;} @list l1:level5 {mso-level-number-format:alpha-lower; mso-level-tab-stop:2.75in; mso-level-number-position:left; margin-left:2.75in; text-indent:-.25in;} @list l1:level6 {mso-level-number-format:roman-lower; mso-level-tab-stop:3.25in; mso-level-number-position:right; margin-left:3.25in; text-indent:-9.0pt;} @list l1:level7 {mso-level-tab-stop:3.75in; mso-level-number-position:left; margin-left:3.75in; text-indent:-.25in;} @list l1:level8 {mso-level-number-format:alpha-lower; mso-level-tab-stop:4.25in; mso-level-number-position:left; margin-left:4.25in; text-indent:-.25in;} @list l1:level9 {mso-level-number-format:roman-lower; mso-level-tab-stop:4.75in; mso-level-number-position:right; margin-left:4.75in; text-indent:-9.0pt;} ol {margin-bottom:0in;} ul {margin-bottom:0in;} -->


APC MEETING JUNE 14, 2010

The White County Area Plan Commission met Monday, June 14, 2010, at 7:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Charlie Anderson, Don Ward, Jim Mann, Greg Bossaer, Gerald Cartmell, Richard Lynn, and Mike Smolek. Absent: Dennis Sterrett, Dave Scott and Dave Rosenbarger

Also attending were Attorney Ben Diener, Executive Director Joe Rogers, and Secretary Gayle Rogers.

 

Visitors attending were: Charles R. Mellon, Linda Eckert, Bryan Mullendore, Michael Scheurich, Holly Franscoviak, Carolyn Sollars, Janene Crawford, Ed Lucy, Steve Meyer, Dee Roper and Dow Dellinger.

The meeting was called to order by President Charlie Anderson. The meeting minutes of May 10, 2010 were approved as written.

****

#984 Bryan L. Mullendore; requesting a rezone from L-1 (Lake District) to B-2 (General Business) to open a bait shop.

A tract of land located in the Northeast Quarter (1/4) of Section Twenty-eight (28), Township Twenty-eight (28) North, Range Three (3) West in White County, Indiana containing Two-tenths (.2) of an acre, more or less. More commonly described as: 6510 N. East Shafer Drive

Director Joe Rogers described the request for the board along with displaying photos of the site. He read into the record four emails received in opposition as well as one letter received in the mail in opposition. He was unable to read an email received that could not be opened by the office because of the format of the attachment. Most objections dealt with increased traffic by land and by boat and the safety hazards and noise level involved. Also the lack of parking and possibility of that parking blocking a shared easement to neighboring properties.

Bryan Mullendore was in attendance to represent the request. He explained his original idea was to grow and shed craw to sell wholesale. He spoke with some neighbors and realized there was a retail market for bait along with items such as an ice cream box for the neighborhood children. He does not believe such an operation will draw more traffic or present a safety hazard. He has two children of his own and would not consider this if he thought it would put his children in danger. He lives here year round and grew up here. This has been a lifelong dream of his. His uncle owns Breezy Hill Bait Shop and his good friend Dick Sayers owns a bait shop in Buffalo. They are both approaching retirement and Bryan’s shop would fill that void.

APC MEETING JUNE 14, 2010 CONTINUED

Dee Roper spoke in opposition. Her family has owned summer property there for 47 years. She fears the current peace and quiet of the neighborhood will be disrupted. She is also concerned about the easement being blocked and not being able to get into or out of her property. Boat traffic as well as road traffic will be a danger.

Director Rogers stated the Area Plan Office recommends the board pass a condition prior to voting on the rezone. The applicant’s home and garage are on two separate parcels. At some time in the past, those two parcels were combined for tax purposes. The Office suggests the board makes the rezone conditional upon the applicant re-splitting the two parcels and the rezone being for the parcel on which the garage sits, leaving the home zoned L-1. Greg Bossaer made the motion to this effect with a second by Gerald Cartmell. The condition passed with a unanimous 7 – 0 vote. If the rezone ultimately passes, it will not take effect until the lots are split. Then only the garage parcel will be rezoned to B-2.

Don Ward moved to vote on the rezone with a Jim Mann second. Result: 7 votes cast; 2 grant; 4 deny; 1 no recommendation

Findings of Fact:

1. The proposed rezoning is consistent with the goals, objective, and policies of the White County Strategic Plan and any other applicable planning studies and reports, as adopted and amended from time to time. 2 agree; 2 no opinion; 3 disagree

2. The proposed rezoning is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property. 1 agree; 6 disagree comment: single family dwellings

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 0 agree; 3 no opinion; 4 disagree

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 2 agree; 3 no opinion; 2 disagree

5. The proposed rezoning reflects responsible standards for growth and development. 2 agree; 4 no opinion; 1 disagree

There must be a quorum of at least 6 votes for the rezone to proceed to the legislative body. Since no quorum was reached, some discussion entailed followed by a new vote. Result: 7 votes cast; 2 grant; 5 deny; 0 no recommendation

Findings of Fact:

1. The proposed rezoning is consistent with the goals, objective, and policies of the White County Strategic Plan and any other applicable planning studies and reports, as adopted and amended from time to time. 2 agree; 2 no opinion; 3 disagree

2. The proposed rezoning is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property. 2 agree; 5 disagree

3. The proposed rezoning is the most desirable use for which the land in the subject property is adapted. 0 agree; 1 no opinion; 6 disagree

4. The proposed rezoning will not have an adverse effect on the value of properties throughout the jurisdiction. 2 agree; 3 no opinion; 2 disagree

5. The proposed rezoning reflects responsible standards for growth and development. 1 agree; 4 no opinion; 2 disagree; Comment: Spot rezoning – site of property could have an adverse effect.

APC MEETING JUNE 14, 2010 CONTINUED

Gerald Cartmell moved to table the rezone to the next meeting. The motion passed with a 6 – 1 vote.

****

Business

PD07-10 Mar Casa Townhomes plat alteration

Director Joe Rogers explained that last month he informed the board as to a minor change in the PUD for an inground pool. He was provided a revised plat with a bathhouse near the pool. This does not fall in the arena of minor change so the board must decide. Mike Scheurich was present to answer any questions. There were no questions. There was no public opposition to the request. Jim Mann moved to vote with a second from Gerald Cartmell. The plat change passed with a 7 – 0 vote.

****

Agreed Judgment with Northgate-Thayer Aggregates, LLC

Director Rogers advised the board that the County Commissioners with their attorney, Joe Rogers, Ben Diener (APC attorney) and Northgate-Thayer personnel and attorney have come to an agreement as to county regulating conditions put upon the rock quarry. It is the contention of the attorneys involved that per state statute the quarry is regulated by the state, not the county. Northgate-Thayer has agreed to certain requirements of the county. The board is required to vote on the agreement so as to approve or not. If approved, President Charlie Anderson will sign for the APC and the agreement will be passed on for signatures until it eventually lands in the court for approval and subsequently the Recorder’s Office to become a finalized recorded document. This judgment addresses citizen concerns and avoids litigation for the county. Attorney Ben Diener added that the document also provides cause of action for the county as well as individual citizens if they feel the agreement has been violated. It runs with the land so if the current owners sell the agreement transfers with ownership. A drainage plan has received approval from the White County Drainage Board. Linda Eckert stepped to the podium to say she has major concerns that the people who live in the area can not be protected. Carolyn Sollars came forward to say there are limitations that are not supportable by residents as they can not afford to do necessary research or to file suit against a corporation with such deep pockets. She does not believe the claim of Northgate-Thayer as to their desire to be good neighbors. At the County Commissioners’ meeting the public received a portion of the agreement but not the entire document. County Attorney George Loy said it was privileged information. Thayer Attorney Dow Dellinger rose and said he did not realize the public was not in receipt of the entire agreement which is what he thought they received at the County Commissioners’ meeting. Ms. Sollars spoke of the lack of communication with all authoritative parties concerned. She wanted to know to what standards Northgate-Thayer would be held with the items in the agreement such as fences, berms, vegetation and landscaping. The board told her most items of her concern are regulated by IDEM. Janene Crawford was next to step forward to ask who is WPP? They were never mentioned but were named in the agreed judgment with Northgate-Thayer. Attorney Dellinger answered that they are the actual owners of the property. Ms. Crawford then asked the board if things are not being done as to the agreement, to whom does she turn? By the time IDEM would get there, the illegal activity might not still be going on. Director Rogers told her that if anyone thought the agreed judgment was not being followed, they could contact the Area Plan Office and it would be taken to the Area Plan Commission or they could contact the County Commissioners for appropriate action. Attorney Diener added that they also have the right to take it to court. Dow Dellinger stood and said anyone wanting a copy of the agreed judgment may contact his office and it will be emailed or mailed to them. Steve Meyer of Ball Eggleston then spoke. He thought there were areas in which the agreement is weak and not specific enough, however, he liked that it runs with the land and is subject to any successors. It was his opinion that the language should be cleaned up to be more specific in some areas. Mr. Dellinger stated he had no authority to alter the agreement. Ed Lucy then spoke. His concern is with flooding. He does not believe the retention pond will make a difference in the long run. There will be too much water going into the ditch regardless of the drainage plan. Director Rogers then again stepped to the podium to point out to the board that their focus must be to accept what is in front of them and have what control it gives them or to vote against it and end up with an empty basket. If no agreement is reached, the county will have no control at all. Although this is not necessarily what the board would write, it is the best that will be presented. The board must accept it or give up everything. Holly Franscoviak said she is appalled at the total disregard for the little guy. The only bright side is if there is a gas pocket under the quarry and an explosion as a result of blasting, all the flood water will put the fire out. Linda Eckert rose again to say there should be a contingency plan in case something goes wrong. She also stated there is nothing in the agreement stopping them from having a cement plant or waste disposal. They work closely with the landfill trucks and could start waste disposal. Director Rogers and Attorney Diener reminded her that this agreement is only for a mining operation. To have a cement plant or waste disposal would require going before the BZA for approval. Mining is what the state statute allows. Don Ward moved that the board vote. Jim Mann seconded. The motion passed with a vote of 6 – 1.

APC MEETING JUNE 14, 2010 CONTINUED

APC MEETING JUNE 14, 2010 CONTINUED

****

Surface and Drainage Discussion

Director Rogers told the board he had an inquiry from the American Legion Post in Brookston. Their parking lot is in need of resurfacing. According to Ordinance a parking lot is required to be an all-weather concrete or asphalt material. The exception to this is parks, camps, theme parks, schools and any other use the Area Plan Commission deems acceptable. Joe asked the board to consider including private clubs and lodges in this exclusion as the American Legion Post wishes to gravel their lot. Mike Smolek motioned to add private clubs and lodges to the exclusions. Gerald Cartmell seconded. The motion passed with a 7 – 0 vote.

****

Temporary Use Discussion

Director Rogers asked the board for guidance in amending the Temporary Use section of the Ordinance. The definition of temporary use states it is for uses in districts that don’t generally permit such a use. The text refers to Appendix A Schedule of Uses. This is contradictory. Which way should it be? After discussion it was determined the board would like to see the Temporary Use section simplified.

****

2011 Departmental Budget

It is budget time again. Director Rogers would like to know how the board would like him to propose the budget. Following discussion, it was decided Joe should submit the same proposal he submitted for 2010.

****

APC MEETING JUNE 14, 2010 CONTINUED

Escrow Account

Director Rogers told the board he was contacted by the Treasurer’s Office regarding an escrow account set up by Diann with $32,000 in it. The Treasurer’s Office would like to close out this account as it is beginning to accumulate fees due to lack of use. After much research, Joe discovered this was an account set up for road improvements for the Cathy Russell subdivision. She was to have the work done no later than March 18, 2010 and turn in her receipts to be reimbursed for her expenses. How would the board like this to be handled? No work has been done. The money is to be used for the roadwork or returned to the parties who made the deposits. The work can not be done for $32,000 so Mike suggested having the work done, paying for it with the money in the account then adding an assessment to Ms. Russell’s property until the difference is paid back to the county. If the funds are returned, the work will never be done. It was agreed that Director Rogers will contact Ms. Russell to determine her position.

****

Cathy Johns

Director Rogers has recently discovered that when he has a violation that progresses to the point of lawsuit, he is to come to the APC not the BZA, which he was lead to believe previously. Cathy Johns received a warning and a fine. Her fine was decreased by the BZA under the condition she set up and meet a payment plan. She made her first payment and no more. Director Rogers sent a letter to her requesting payment as did Attorney Diener, all to no avail. According to State Statute the APC is the governing body and the one that can sue or be sued, not the BZA. The board moved and voted to have Attorney Diener file suit against Cathy Johns by a unanimous 7 – 0 vote.

****

It was motioned and seconded to adjourn the meeting at 10:15 pm.

Respectfully submitted,

____________________________

Donald W. Ward, Secretary

White County Area Plan Commission

___________________________

Joseph W. Rogers, Exec. Director

White County Area Plan Commission

Document Prepared By: White County Area Plan Secretary, Gayle E. Rogers

“I AFFIRM, UNDER THE PENALTIES FOR PERJURY, THAT I HAVE TAKEN REASONABLE CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN THIS DOCUMENT, UNLESS REQUIRED BY LAW.” ____________________________________________________________