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The White County Area Plan Commission met Monday, February 14, 2000, at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.


Members attending were: Jay Clawson, Ray Butz, Charles Anderson, Ron Pollock, Stephen Fisher, Don Ward, Scott Kyburz and Greg Bossaer. Also attending were Attorney Altman and Director Diann Weaver. 

Visitors Attending were: Mike & Prudence Niehaus, Kenneth S. Rogers, Tammy Demerly, Rex L. Wolf, Phil Vogel, Denny & Carla Coffin, Jon & Amanda Bowman, Pam Bair, Karen Mathew, Mike Cochran, Judi Snowberger, Jason Snowberger, Randy Williams, James Beliles, Sallie Zarse, Carl A. Zarse, Kathy T. Howard, Lynn Huston, Gary & Kathy Dedaker, Ollie Hickman, Fred Rauer, Lisa Rauer, Denise Ruemler, Joe Hancock, Cindy Hancock, Elmer Firth, Deb Firth, Diana Orr, Mr. & Mrs. Martz, Ron Orr, Jody Orr, Dave Lachmund, Teresa Lachmund, Melinda Pala, Joe Pala, Pat Buschman, Fred Buschman, Linda Carter, Steven W. Carter, Walt Hough, Chris Lytle, Scott Lytle, Julie Salomon, Mary Spry, B.J. Spry, Todd Downs, Roger Mitchell, Richard Dour, Melva Fleck, Robert Fleck, Michael D. O’Farrell, Steve Hintz and Chaficee Rogers. 


The meeting was called to order by President Charles Anderson and roll call was taken. Ron Pollock made a motion to dispense with reading and approve the minutes of November 8,1999 and December 13, 1999. Motion was seconded by Jay Clawson and carried unanimously.




#700 Gary Dedaker; Requesting to rezone from A-1 to B-1 on .013 of an acre. The property is located East of Reynolds at 1860 E. U.S. Highway 24.


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


Gary Dedaker stated, my wife Kathy, is here with me and we are requesting to rezone our property from A-1 to B-1 in a small portion of 24’ x 10’ area of our pole building for our own family insurance agency.


President Anderson asked, do we have anyone here with any questions about that request?


Don Ward asked, don’t you have to have a driveway in for a business? It doesn’t show an entrance into the property at the B-2.


Gary Dedaker stated, part of that rezoning area is 400 square feet, I believe, for parking.


President Anderson asked, does that come right off of the highway?


Gary Dedaker stated, yes, as you come off of the highway the entire drive is blacktop and the area, I think that the setback was on that. Do you have a copy of that?


Greg Bossaer stated, I think that what you’re talking about you need a pull off.


Don Ward stated, a lane all of the way back to the B-2.


Gary Dedaker stated, there is about 3 lanes there.


Don Ward stated, I know, officially is what I’m talking about.


Jay Clawson asked, when we did the one North of the dairy farm on West Shafer Drive did we make him put a driveway in?


Don Ward asked, who was that?


Jay Clawson stated, the guy that was going to put in fur trapping.


Director Weaver stated, I know where you’re talking about but I can’t think of his name.


Steve Fisher stated, the only one that we accepted was up by Buffalo someone was doing some painting something like that, in a pole building. It was far up by Miller’s Tree Farm that we did this it was about 2 years ago.


Don Ward stated, I know what one you’re talking about but I don’t remember whether part of that was in the driveway that went out to the street. The other one that we did was West of Monon, West of Monon on S.R. 16, where we didn’t allow those trucks 50’ of the lot but I’m not sure if he had a driveway going through that yard.


Attorney Altman stated, I think that the logic here is to rezone as little of the lot as possible so that the zoning would be confined to that area and no more. I presume that is the logic of the survey. Obviously, they would have to come across that but they would only be able to do their business parking in the area of the proposed area of the zoning in that pole building.


President Anderson asked, that was set up through the office too wasn’t it. You’ve worked with Gary on this didn’t you? The office worked with him on this?


Director Weaver stated, he’s not wanting to rezone a big portion of the property. We tried to see if this is something that could go as a home occupation but it just does not classify as a home occupation.


Jay Clawson asked, and you advised him not to go against a special exception variance?


Director Weaver stated, I talked to Attorney Altman about that and he said that’s not possible.


Attorney Altman stated, I didn’t think that it was possible in this circumstance. With the zoning that they had, you can go down that list and it just really doesn’t qualify.


Steve Fisher asked, the nature of your business, are you going to have a lot of people coming and going?


Gary Dedaker stated, not all of the time. I have been in the insurance industry for about 15 years and the last 21 years in sales and obviously, with any business you hope to build it up but I think that my method of operations are going to be out and about seeing farmers and the rural people more than them coming into my place of business. I might also add as far as neighbors, we have 3 or 4 neighbors but they are all within a ¼ to a ½ of a mile away, there is no one on that stretch of U.S. 24 that is very close. The closest would be Lazy Oaks Trailer Court, at least that’s what the name use to be, to the East and there is someone on the North side of the highway down about ¼ of a mile, and the next location would be about a ½ of a mile down on the South side of the highway. Originally, when we worked, we did not have any spaces for the parking and I was told per 200 square feet you do have to rezone at least, excuse me, one parking place per 200 square feet and the office proposal is for 240 so we did go ahead and rezone 2 parking places. I don’t really foresee more than 2 cars there at any one time for business.


President Anderson asked, your business is most of the time by appointment anyway isn’t it?


Gary Dedaker stated, yes.


President Anderson asked, do we have any other questions? If not let’s go ahead and vote.


With no further discussion the Board voted.


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

Attorney Altman asked, what time is that Director Weaver?


Director Weaver stated, normally, it’s 8:30 a.m. and Monday is a holiday so it will be Tuesday.


Attorney Altman stated, Tuesday at 8:30 a.m. right here. They have the final say as they are the final body that adopts this ordinance and if you have any concerns at all you need to be there. Like I say they have the final say, legislative body, we’re just recommending but this will be recommended favorably because it has an 8 to 0 vote.




#702 Mike and Prudence A. Niehaus; Requesting to rezone from R-2 to B-2 on lot #1 in Chapman Subdivision. The property is located in Liberty Township directly west of 6211 E. State Road 16.


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


Prudence Niehaus was representing the request.


President Anderson asked, do we have anyone on the Board with any questions about this request? Do we have anyone in the audience with any questions about this request?


Steve Carter stated, I live approximately ¼ of a mile away from where this project is suppose to go in and I’m still protesting this on the grounds that it’s going to be an eyesore and distraction of traffic, it’s a bad place to put a car lot. Also, since the last meeting I received a telephone call from Mr. Niehaus, it was a rather intimidating and threatening phone call and I would like to let everyone know that I will not be subject to any more of these phone calls. I would like to know the date that the sign was put out in the yard the request for rezoning.


Prudence Niehaus stated, it was the 3rd of February, when it was suppose to be put out.


Steve Carter stated, I suggest that the next time that you put a sign out to put it up where everyone can see it from the road.


Prudence Niehaus stated, Director Weaver has pictures of my sign.


Steve Carter stated, it’s between 2 trees and it’s awful hard to see.


Prudence Niehaus stated, it’s in the front yard right next to the State Road.


Steve Carter stated, it’s kind of been camouflage. Again, I don’t want a used car lot there. If they want to put it somewhere else, which I was told that if I didn’t like a car lot, there was one across the road. Well, we’ll see about that one too. I don’t want anymore of these threatening phone calls.


Attorney Altman stated, about that, we don’t need to talk about that, if there is that, there are other forms that that needs to be brought up. Right here we want to stick to the facts.


Steve Carter stated, that’s part of the facts.


Attorney Altman stated, and just the matter before us okay.


Steve Carter stated, alright.


Attorney Altman stated, I wouldn’t like it either but take that to the proper authorities.


Prudence Niehaus stated, I do know that my husband talked to Mr. Orr and with Mr. Carter. Mr. Carter told my husband that he was going to have ½ of the neighborhood here to complain so maybe that’s what all of these people are here for. I don’t know but Steve Carter doesn’t pay my taxes so I don’t think that he has any say in what I do. Also, I have a few pictures, at the last meeting everyone had pictures of things that were behind my shed and I have pictures of Mr. Carter’s junk in his yard.


President Anderson stated, he’s not up for anything.


Prudence Niehaus stated, okay.


President Anderson stated, if he was in here trying to zone something.


Prudence Niehaus stated, I understand but he’s saying that my yard is a mess and he has way more junk in his yard than I do in mine.


Attorney Altman stated, again, let’s hold to your property please.


Jody Orr stated, I live straight across the street where they are wanting to have the car lot, I’m not here to talk about yards either, I just put in a new house 2 years ago and like I stated at the last meeting here I would have never put that home in there if I would have known there was going to be a used car lot across the street. I knew what was there when I bought it, when I put it in and I was alright with that. I have nothing against them living there I just do not want a car lot there, that is my opinion. 


President Anderson asked, do we have anyone else?


Ron Orr stated, I live at Buffalo, first I would like to say I greatly appreciate the attempt that you have made to clean up your property, it looks nice and that’s the way that it should look. I’m still opposed to putting a used car lot in that location because I know that it will lower the property values in the immediate area. That’s all that I have to say.


Prudence Niehaus stated, I appreciate that he thinks that my yard looks nice. We have lived there for 3 years, we did not purchase the property until March of last year and most of what was in our yard that they complained about was not ours. It was the property owners at that time, so that’s why it’s been cleaned up since then, since we have had permission to remove things. As far as property values, I feel that the county obviously wants to build up business in the area. I had submitted a list of all of the businesses and pretty much in the business district of the area, there are several businesses next to me, in fact only one residential property besides mine is next door, the Wright’s. Also I do have a picture of the sign that I think that you may want to look at, Exhibit


President Anderson asked, do you want to enter that into the record?


Prudence Niehaus stated, yes.


Steve Fisher stated, we keep that.


Prudence Niehaus stated, that’s fine. There is a Crawford Corners Subdivision which is on Kiger, between Kiger Drive and West Shafer Drive, there are 6 lots in the front of 18 lots and those 6 lots have been rezoned to business too. That shows me that the county must be pretty adapt to want to build up business in the area or else they wouldn’t have allowed Mr. Crawford to do that. Like I said those were rezoned plus between the Wright’s and the Custard Shop there is a lot and there is a Custard Shop and Dick leases business, there are business lots that are up to there. Like I said, I believe that on the main highway we are in a business district so if someone puts a house there I think that they should be expecting since there is business all around that business may build up in that area.


President Anderson asked, do we have anyone else with any questions about this request? Do the Commissioners have any questions?


Steve Fisher asked, did we rezone that or is that something that would be grandfathered, do you recall?


Director Weaver stated, the property on the North side of the highway I don’t believe is zoned business, I believe whatever is there is grandfathered in. The property on the South side, Crawford’s Corners, I do believe, went through a rezoning when Ray was in office.


Prudence Niehaus stated, I think Mr. Crawford said that it was last year.


Director Weaver stated, it’s been longer than that.


Prudence Niehaus asked, has it been longer? I also submitted a letter from Mark Kelly, you should all have a copy of that. We had some issues and the County was concerned about a turning lane or deceleration lane at the last meeting. I did not have any written documentation as to that and Mr. Carter had been saying that we were going to have people killed there turning into our driveway. He says that there is no threat of that, being that there is low traffic and he states that there is no need for a turning lane or a deceleration lane. The other concern that the County had was my lot size, also which I submitted some figures the average. The lot size that the State requires is a minimum of 1,300 square feet, White County requires 2,500 square feet, the lot is over 17,000 square feet so it’s definitely big enough to do so with plenty of adequate parking and such.


President Anderson asked, are there any other questions?


Minnie Pala stated, I am married to Joe Jr. and we have part interest in a family business beside this property, Joe’s Mobile Home Supply. This business has been here for 25 years and it was grandfathered in and for anyone to say that curve is not dangerous is crazy, especially when the trash trucks were running. It’s an awful area there and plus the fact that we do have a dump at the other side of town and I hate for it to turn into something like that. Most of the houses that are in that area, they have been there forever and have shared that and we have never had any trouble at all with our neighbors. We have tried to be professional and keep it clean. Contrary to what was said at the last meeting, our trucks do not unload or block the driveway, all of the trucks unload at the back of the property. There are trucks in and out of there and it is a very busy curve and it’s a concern.


Prudence Niehaus stated, my response to that again would be that I live next to Joe Pala’s business and I do see semis stop in the road and back into the property. I don’t have a problem with that but I was proving a point, that there are not accidents there and there has not been accidents there since we have lived there. Again, I don’t think that Mark Kelly, who is the regulatory Investigator for INDOT, is going to lie and say that there is not traffic. He is the one that controls the semi traffic on the highway. I know that the Pala’s are mad because they wanted to buy the property from us but that’s kind of irrelevant. Like I said I don’t see what that matters.


Attorney Altman stated, let’s confine to the facts.


President Anderson stated, this goes on record.


Minnie Pala stated, I really didn’t want to buy the property, it’s really not a good time to buy it.


Attorney Altman stated, we really don’t need that.


President Anderson asked, are there any other questions about this request? Do the Commissioners have any questions about this request? If not let’s go ahead and vote.


With no further discussion the Board voted.


The results of the vote were as follows: 1 affirmative and 7 negative. This will be presented to County Commissioners for their action. 

Attorney Altman stated, this will be forwarded with no recommendation, again that meeting will be next Tuesday right here about 8:30 a.m. They have the final say, they decide, so if you want to have your say, be here. They decide so if you want to have your say, be here.




#703 Rose Buschman, Owner; Tammy Demerly, Applicant; Requesting to rezone from B-2 to I-1 on part of lot #45 and all of lot #44, #46 and #47 in the North Addition in Reynolds. The property is located at 317 N. Clark Street.


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


Tammy Demerly was representing the request.


President Anderson asked, do you want to make any comments about this request?


Tammy Demerly stated, well, first of all, I’m not so sure that we even need to be going through this, I was just told that someone had made the suggestion to me that we might want to rezone it to I-1. As far as I’m concerned what we’re going to be using the building for is more warehousing and I think that falls under B-2 from the paperwork that we got from Phil Vogel and most of the paperwork I have seen. It’s basically going to be warehousing, paper products to be sent on to be recycled.


President Anderson asked, do we have anyone with any questions about this request? First of all Director Weaver is going to set the record straight.


Director Weaver stated, warehousing goes in an I-1 or I-2 zoning.


Tammy Demerly stated, okay.


President Anderson stated, so that would be zoned Industrial or I-1.


Fred Rauer stated, first off, I’m sorry to cause any problems Rex, but, we have a pretty good turn out here of people that don’t want this in town we don’t want the mess, we don’t want the critters that go with it, if there is anyone here that doesn’t know what we’re talking about as far as recycling facilities, is there anyone that doesn’t know?


Steve Fisher stated, if these are pictures, we have to keep them.


Fred Rauer stated, you got it.


Attorney Altman asked, what are these pictures of?


Fred Rauer stated, that’s their current facility down by Chalmers, this side of Chalmers and I’m just afraid and I know that everyone says that it won’t end up like that but what can we do if it does? There is really nothing that we can do about it, Rex, and I don’t see right in the middle of town is a good place to have that. The first thing that people are going to see when they come into town, is that mess. That is what they are going to see, I just don’t think that we need it. It’s in my mother’s back yard, she doesn’t need the noise, banging, slamming going on. I know that new industry is good for any small town but I think that there has got to be a better option than this.


Rex Wolf stated, this is a, I believe there are photo’s, I can’t see those…


President Anderson stated, you can come up and look at those.


Rex Wolf stated, that is property that is owned by Dave Flora and Midwest Recycling has something there, that has nothing to do with Tammy Demerly and what we really have to do there. That really has nothing to do with it but since we have worked on this for Tammy, the building that she had purchased at an auction has been cleaned up. We have a roll off there of things that have been there for 10 or 12 years. There were a lot of chemicals that had been left there that have been disposed of properly and I think that there are 5 or 6 loads that have been in there for some time. It was an abandoned building and I guess that what we’re wanting to do is clean it up and do something with it.


Steve Fisher asked, these are not pictures of it?


Rex Wolf stated, no, that is in Chalmers, Indiana.


Fred Rauer asked, so you’re not going to do the same thing there Rex? You’re not going to handle recycling cardboard, bailing, transporting in and transporting out? You’re not going to do that there, is that what I understand?


Rex Wolf stated, we would probably use it as a storage facility, correct.


Fred Rauer stated, the way that I found out about this is everyone was told something different what was going in there. When they put the 3 phase electric in there last week, the way that I understand it, it was specked to a bailing machine to bail and press cardboard, big bails of cardboard like you see in the pictures and that’s what the 3 phase electric was for. 


Tammy Demerly stated, if you go unloading, if you unload bailed paper to put in somewhere and the bail breaks you had better, by God, have a way to clean it up or you’re going to have a big mess. The thing is at Chalmers, there is no place to put this stuff, there is no building to store this stuff in.


Fred Rauer stated, I don’t know by square footage but I would say that there is already more here on this lot than what you’re going to have room for inside of that building.


Tammy Demerly stated, no, that’s not all cardboard, a lot of that is what Dave Flora told people that he would dispose of for them and he brought it there and sat it down. A lot of it is plastic, bailed shrink-wrap and things like that, that’s what a lot of that is, you can’t move that stuff. Most of that mess is Dave Flora’s.


Fred Rauer stated, actually, what I see the most of is cardboard.


Maureen Buschman stated, I live on the West side of this proposed plan, East side of the proposed plan the wind blows West, I go by 43 and I see where the paper product currently is stored which is outside. I understand that they want to put it inside of the building but there is not enough room. What I see on State Road 43 is not crates and plastic, what I see is paper. I’m going to be picking up paper because I do not believe that they are going to be able to keep that area clean because they have never been able to keep it clean on State Road 43. I feel like when they have been requested many times on State Road 43 to clean it up and they have ignored that request, then I feel like I’m going to be picking up paper in my yard forever, as long as they have a business there. I’m opposed to this because I do not want that mess in my back yard.


President Anderson asked, do you want to respond to that?


Rex Wolf asked, respond to….


President Anderson stated, what they have said.


Rex Wolf stated, I’m not aware of any request to ever clean up something in Chalmers that had not been done and that has nothing to do with the rezoning in Reynolds.


Tammy Demerly stated, I would like to say something else too, in Chalmers they have a reloading dock that just sits in the open and when the wind blows, things blow when you’re unloading it. We want to put a loading dock up in Reynolds, boxed in with a roof over it so this can’t happen because I would not want that mess in my back yard either. I don’t like the way that it looks in Chalmers either and I guarantee you that place will not look like that.


Fred Rauer asked, why don’t you clean Chalmers up?


President Anderson stated, we’re not talking about that. What we’re here for is what the best use for this piece of land would be, whether it be for business or for industry. It’s better for you to let people know exactly what you want to do there, as far as what happened in Chalmers, you don’t have anything to do with Chalmers do you?


Tammy Demerly stated, I do their book work and that’s all.


Denise Ruemler stated, I live North of Mo Buschman and I agree with everything that Mo said. The thing of it is, there is no guarantee that a bail is not going to break and the wind is not going to carry that trash out so there is no guarantee that you’re going to be able to keep it clean. What happens if it does blow in yards? We are going to be the ones to clean it up, not to mention the property value going down with something like that right across the tracks from my property.


Tammy Demerly stated, if it doesn’t look bad and it’s a good prosperous business your property value is not going to go down.


Denise Ruemler stated, but there is going to be trash and people all over the place.


Tammy Demerly stated, not if the loading dock is boxed in.


Fred Buschman stated, I want to clarify something. When it was mentioned about the 3 phase operation going in there with a packer, you indicated that you have to have a packer on hand if a bail breaks, are you implying that there won’t be any loose paper brought in and only bails will be brought in?


Tammy Demerly stated, correct.


Fred Buschman asked, no loose paper will never be brought in then?


Rex Wolf asked, loose paper as defined by?


Fred Buschman stated, blowing around.


Rex Wolf stated, correct.


Fred Buschman asked, the only chance then for paper to blow around is a broken bail?


Rex Wolf stated, a broken bail wouldn’t blow around because it will all be inside of the building. What you see in Chalmers, Indiana is 2 old hog buildings. Fred, you of all people know very well that you couldn’t get a pickup there in the hog building, you know that, or you should be aware of that, let alone getting any other piece of equipment in there. Those buildings may be large and have a lot of square footage for hogs, 4-legged animals but not to facilitate something.


Fred Buschman stated, I’m also aware that the building that you’re talking about was a sale barn, converted to a fertilizer plant and there is not that much room inside of it either.


Rex Wolf stated, there’s 10,000 square feet with 16’ ceilings, I’m sorry 18’ trusses, in the majority.


Fred Rauer asked, is the same type of an operation going on in Chalmers that will go on in Reynolds right now? Are there bails being brought into Chalmers and bails taken back out of Chalmers?


Rex Wolf stated, there are currently, out of that operation, there are bails being brought into Chalmers with no facility to download it and store it and then reship it.


Fred Buschman asked, at Chalmers the bails that are being brought in are stored outside, most of them?


Rex Wolf stated, correct.


Fred Buschman stated, most of them and there is a sprinkler system that runs days on end over the top of those bails.


Rex Wolf stated, that’s not correct.


Fred Buschman asked, it isn’t?


Tammy Demerly stated, no


Rex Wolf stated, no.


Fred Buschman stated, boy, I’m telling you my eyesight is bad when I look to the right when I’m going South then.


Rex Wolf stated, that is incorrect but that doesn’t have anything to do with it if it was for…


Attorney Altman stated, let me talk for just a moment. President Anderson said, and it’s true, tonight we have an application to change from B-2 to I-1. Let me tell you what I-1 allows and I guess what I’m saying is much of the discussion about bails in and bails out, blowing paper, not blowing paper is not addressed in our ordinance so please understand that we have categories of uses that are allowed within a B-2, which it is presently zoned and I-1, which he is asking it to be rezoned to. Let me read what is allowed in I-1 and then maybe you can get a better idea of what the request is and what limits they will have as an applicant and what limits we don’t place on them because there is no regulation on that. Agriculture Uses and Automobile Body Painting; Awning Manufacturing; Bakery Commercial; Bottling Beverage Plant; Building Materials Storage Yard with a Special Exception, Box and Paper Manufacturing; Cabin Manufacturing; Special Exception Hospital; Special Exception Industrial General; Industrial Light; Special Exception Jail or Correctional Facility; Janitorial Services; Special Exception Juvenile Center; Machine Shops; Marine Accessory Shops; Mobile Home Sales, Special Exception Motor Bus Terminal’s, Moving Company and Newspaper Printing Facility and then Storage Facility; Self-Serve; Storage Outside With Special Exception; Taxi Cab Dispatching Taxidermy Services; Theaters Outdoor; Truck Sales; Special Exception Truck Terminals; Special Exception Truck Transfer Lots; Van Conversions; Vending Machine Company; Warehousing; Welding Shops and Wholesale Business. Now the ones where I said special exception if they were going to do that, and I hear a lot of talk about it so I’m going to mention it here is, the storage outside and you were just talking about that Fred and your were responding on that. If they were going to store something outside of the building, they would have to get a special exception before they could do that. In other words, let’s assume this passes tonight and the Town Board passes it and they have their I-1 rezoning, it still doesn’t allow them to store anything outside. They would have to get a special exception from the Board of Zoning Appeals and if they try to store it outside that violates the Ordinance and that’s all that I’m going to say. Now, I’m saying this so that you understand what is limited control by the ordinance and what isn’t.


President Anderson asked, do you have any other statements?


Fred Buschman stated, the only thing is we’re trying to prevent an accident before it happens.


Pam Baer stated, I have lived next to this facility my whole life. Unfortunately, the railroad tracks do make an intersection there, we have the Monon railroad and the other railroad and they do intersect there. I think that years ago it was probably planned that, yes, that might have been an industrial facility but however the town has built around it. It is no longer just, it use to be a stock yard and then it went to Buschman’s and because of the small town that we were everyone overlooked the fact that it was a business. It is in the middle of a residential zone I adamantly oppose this facility being turned into whatever they are going to turn it into B-2 or I-2, whatever, simply because it is a residential and it should remain residential. We have homes around there and the way that I see it, it will be a rat trap. We do have children that are being raised there, we’re going to have rats, I don’t care what you do you’re going to have rats. We’re going to have all kinds of possible diseases, rabies. We have small children in this area and I adamantly oppose.


Chuck Buschman stated, I live directly East of this facility, I do oppose it and I do have some questions about this. You stated that the only function that you had with Midwest Recycling is you were the book keeper, I guess my question is, why your name is on there as applicant? I was under the understanding at the sale when the sale was closed as soon as it was rezoned from R-2 to B-2 that the deal was to be done and I would like to know if that has been done? Thirdly, the cardboard, I have drove by this facility everyday since it has been there and I don’t really think that you can get everything sitting there in this facility, cardboard only, then you have stacks and stacks of pallets. There is a sprinkler system down there that runs constantly at least during the summer and the daylight hours when I can see it.  


President Anderson stated, we are going to pretty much limit this to the new area that we’re going to rezone.


Chuck Buschman stated, basically, I don’t believe that you can bring the whole business unless, they are going to take part of the business, the same facility that they are at plus this facility to run this business. I think that they are talking about pulling the whole facility out of there into the new facility and there will be outside storage needed if they do that and there will be cardboard and paper blowing just like it is now because of that. It’s not just from loading the cardboard and the bundle breaking, when the wind blows loose paper within the bundles or paper around the bundles will blow and that’s what has been blowing.


President Anderson asked, do you want to respond to that?


Rex Wolf stated, what this gentlemen is…


Chuck Buschman stated his name.


Rex Wolf stated, Chuck Buschman, we don’t have and this referring to Chalmers, Indiana has nothing to do with Reynolds and what this person….


Chuck Buschman asked, are you part of Midwest Recycling, either one of you?


Rex Wolf stated, I’m sorry.


Chuck Buschman asked, are you part of Midwest Recycling?


Rex Wolf stated, yes, I am.


Chuck Buschman asked, does Midwest Recycling in any way pay her?


Rex Wolf stated, yes.


Chuck Buschman asked, are you part of Midwest?


Rex Wolf stated, she is.


Tammy Demerly stated, yes.


Chuck Buschman asked, are you the applicant that is stated on that application?


Tammy Demerly stated, yes I am and I’m also the one that is buying the building in Reynolds.


Chuck Buschman asked, have you purchased the building yet? It is paid for and you are the owner of that building?


Tammy Demerly stated, we haven’t closed on it.


Chuck Buschman stated, I just want, the stories are floating around that it’s a warehouse and you’re going to store fence and a lot of people from town were told different things. We’re just trying to clarify just what is going to go on. I don’t think that we’re getting the whole deal, that whole facility is in fact going to come to Reynolds and you are going to have to store some things outside because you don’t have enough room.


Rex Wolf stated, I am the President of Midwest Recycling and Midwest Recycling is not moving their facility to Reynolds.


Chuck Buschman asked, what are you going to do?


Rex Wolf stated, Midwest Recycling is not moving their facility to Reynolds, Indiana and to Tammy Demerly’s property.


Chuck Buschman asked, what are you going to do is my question? What do you want to do with that property?


Rex Wolf asked, what am I going to do or Midwest Recycling?


Chuck Buschman asked, there was a 3-phase system just put in, did you in fact put that in or did Rose Buschman put that in?


Rex Wolf stated, the 3-phase system has been there for….


Several Members of the audience stated, no it hasn’t.


An audience member stated, last Tuesday.


Chuck Buschman stated, there is a brand new system, 3-phase system that has been reworked and put into that building.


Rex Wolf stated, 3 phase was always….


Chuck Buschman asked, did you put that in or did Rose Bushman put that in? That’s my question.


Rex Wolf stated, did Rose Buschman put that….


Chuck Bushman stated, I think that you’re side stepping me. I want to know if in fact you did that to facilitate your business or part of your business coming in there?


Rex Wolf stated, Tammy had a single phase…


Chuck Buschman asked, is she an independent person in this or is she part of Midwest Recycling?


Rex Wolf stated, the answer to that question is, it’s 78,208 and there’s 3 transformers there now with a step down transformer for a 120 service, 110 service at that building.


Chuck Buschman stated, I think that building is capable of running a sheer and a press and I think that’s why it was put in there, I’m just speculating. I thought that you might know the answer to that.


Rex Wolf stated, we don’t have any sheers and presses in Chalmers and I don’t think that’s the issue.


Chuck Buschman stated, I think it is an issue.


President Anderson stated, we have to get this going.


Jay Clawson asked, this was rezoned several lots, what 2 meetings ago?


Gary Barbour stated, December 13th.


Jay Clawson stated, they asked that it be brought to B-2 and inspecting the property before it in the neighborhood of business would have small trucks coming and going from it and an occasional straight truck pulling in. It looks like that facility can handle that kind of traffic. To make it into an Industrial zoning where you’re bringing, semis in daily with the small street that feeds that, which is Clark Street that goes there, the North/South street is not capable of handling traffic and the East/West street barely. On this property, it looks like it would be very hard to get semis in and out on a constant basis. If your doing it occasionally but daily and not being the neighbor around that, just being on the Board is what I have seen through this. We only have a little dot on our little paper and if everyone didn’t go over and see that property I went over and inspected that property myself.


Don Ward asked, why did you leave 15’ off of lot #45 to not rezone?


Rex Wolf stated, excuse me sir.


Don Ward stated, there was 15’ off of lot #45 that you did not request to rezone.


Tammy Demerly stated, she just went with what Rose had requested to rezone to B-2 back in December. She just went with the same thing.


Don Ward asked, you’re aware of that though aren’t you? That there is a 15’ strip in there. Is it because of that road, or that rail?


Tammy Demerly stated, I’m not sure, I’m not sure why that was.


Don Ward stated, I think that building is also out in Wayne Street from the looks of it. It looks to me that the North end of it is out in the street, maybe 6’, 8’ or 10’.


Attorney Altman asked, do you have a survey of the improvements?


Tammy Demerly stated, I don’t have it with me, we don’t have it with us.


President Anderson stated, from now on let’s try to restrict to changing the rezoning from B-2 to I-1. We have had enough conservation about what may come in there and what may not come in there. If you have anything new to add to it we would like to hear that.


Tammy Demerly stated, I went to that building a few weeks ago and, I’m not knocking my neighbor, the guy that owns the green building but you know there are trucks sitting there all of the time too. I had to go into another lot and there were two trucks sitting on Clark Street and I couldn’t even get through so I don’t know why all of a sudden any truck coming to my building would be a problem when there are other trucks sitting there for the same reason. He has just as much of a right to be there as anyone else but I’m not going to be the only one having trucks there.


Steve Hintz stated, I live 1 block South of this property I have one question for Director Weaver. Being in the trash business myself before, is there a special variance that goes with recycling?


Director Weaver stated, yes there is.


Steve Hintz asked, so after this meeting they are going to have to do a special variance?


Director Weaver stated, that’s right.


Steve Hintz stated, I want to get that cleared because all of the neighbors will have to be notified correctly.


President Anderson stated, if he is storing anything outside too, they will have to get a variance.


Steve Hintz stated, exactly, I just want to make that clear so everyone knew there was another special variance and all of the neighbors will have to be notified of the special variance.


Steve Fisher stated, that is if it passes.


Attorney Altman stated, and if they ask for it.


Steve Hintz stated, I’m sorry I’m not finished here, but that is for recycling and that is what they are doing, they are warehousing recyclable materials so that has to go with a special variance.


Director Weaver stated, recycling does require a special exception.


Steve Hintz stated, my property, I’m worried about because we have had truck traffic on there. I live on Clark Street and they have knocked down the light pole 3 times, they have ran in my yard and we just don't need the truck traffic on our streets.


President Anderson stated, that’s not these people, that’s someone else.


Steve Hintz stated, exactly, I’m just saying that the semi traffic and when they rezone for B-2 and they were talking straight truck, the whole time they were talking semis. They weren’t talking straight truck, they were talking semi.


Tammy Demerly asked, who is “they”?


President Anderson stated, I don’t know, I don’t know who rezoned that or what was going on up there at that point.


Steve Hintz stated, it’s all semis. I would like to get into more detail but you don’t want to hear it but I have been in the trash business and they have a mess at Chalmers and we don’t need to talk about that anymore. The trucks that they think they are going to unload with an unloading dock, they can’t do on a couple of them because they are a step trailer. They are a drop deck and it won’t be the same height as a regular trailer so you’re not going to be able to get it there so you’re going to be unloading from the side. You cannot guarantee that any paper will not be blown because of broken bails. It’s not going to happen. I have been in the trash industry for 10 years and it will happen. There will be rats and we do not need this in our neighborhood.


President Anderson asked, do you want to respond to that?


Tammy Demerly stated, no, it’s the same stuff over and over.


Joe Hancock stated, I would like to appreciate your comments that you made about the semis and things. Several years ago we had a mattress factory and the green building as Mrs. Demerly said and when they would bring semis in there to load they would bring them on the West/East street there by the water tower, I forget what the name of that street is.


The audience stated, Wayne Street.


Joe Hancock stated, Wayne Street, in order to unload those semis they would have to block that whole street and sometimes that street would be blocked for 24 hours at a time while they load the semi so just try and to run semis in and out of that area is going to be a nightmare. One point that I think that we’re all missing is this property is about 1 ½ blocks away from the fairgrounds, we have a very nice fairgrounds in White County, we don’t need trash all over it. Another thing the rats and mice and things will migrate on down to the fairgrounds and we will have one heck of a mess and we don’t need it. I just want to go on record that I admittedly oppose it. I’m a block to the East of this place and we have about 12 children down there, I believe under the age of 12 years old, children are playing outside constantly. With a place like this bringing in the rats and infestation, what is that going to do to the children outside playing? I guess the last thing that I want to say is, I drive by Chalmers everyday and that place does not even belong in White County. Thank you. 


Tammy Demerly stated, number one, that building has been used for storage for approximately 10 years and there were rats in there before we ever bought it. I have seen them, there’s bats, there’s rats and that’s because it was vacant, if there is stuff being moved around in there frequently, they are not going to stay there, and if there is corn across the street they are going to be there too.


Kenneth Rogers stated, I have 4 nephews that live at 307 N. Kenton, which is right down the back of Clark Street, I do not want semis or any trucks going by nor do I want any pests to be concerned with for those nephews. I would appreciate if you do not pass this change, that way there would be no extra work needed to occur. Thank you.


President Anderson asked, I think that we have heard quite a bit of this now. Does anyone have anything different they would like to say?


B.J. Spry stated, I just want to go on record as opposing this also.


President Anderson stated, everyone could do that if they want to.


Attorney Altman asked, do you want a show of hands?


President Thompson stated, yes, do you want to count them.


Attorney Altman stated, let’s have a show of hands. We have 41 people with their hands up. Now, how many people live in the Town of Reynolds? We have 33 hands that live in the Town of Reynolds.


President Anderson stated, so there are 33 that live in the Town of Reynolds and 41 that are opposed.


B.J. Spry stated, I live a block South, I don’t know for sure what you are going to be doing there Rex, I think that if you’re going to run a clean business there that’s fine, what I want to know is he can’t store anything outside but….


Attorney Altman stated, not without a special exception.


B.J. Spry stated, without an exception.


Attorney Altman stated, another Board has to grant that.


B.J. Spry asked, if the trash problem occurs, what can we as a community do about that? You see dumps all over the place and why aren’t they getting cleaned up. I just want to put myself in a position to where if a problem occurs that I know that we have a route to do so.


Attorney Altman stated, the best way is if you see a violation of the Ordinance whatever it is, where ever it is, come to the Area Plan Department and voice it to Director Weaver or someone else in there, is the best thing that I can tell you.


An audience member stated, the other thing would be the Board of Health.


Attorney Altman stated, another thing, yes that would be a good suggestion.


Jay Clawson asked, what right in our Ordinance do we have to force any violations, what violations have been enforced over the last 5 years?


Mike Cochran stated, I promised that I was going to stay out of this, this really isn’t a question to Rex, it’s a question to the Board and Jerry to you. Trying to talk about strictly going from the “B” to the Industrial, my point is, you just got done commenting, well, we can go through these channels or we can start at Washington D.C. and cover the world. Once something gets passed, it’s impossible to revoke it. My point is, I think that there has been enough objections here tonight that I guess that I’m going to challenge the Board and say, I don’t think that you have a choice here, quite frankly.


Elmer Firth asked, on this I-1if they are going to store paper are there any stipulations in warehousing papers that it has to be internally sprinkled for fire protection?


Don Ward stated, that comes under the Administrative Building Council.


Director Weaver stated, it would not be through our Ordinance.


Elmer Firth asked, that would be another meeting huh? That’s going to be one wale of a fire hazard and I’m dead set against it because I live about 150’ to the East of it.


With no further discussion the Board voted.


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


Attorney Altman stated, they have the final say, we don’t actually know when they have their next meeting.


An audience member stated, the 1st Tuesday at 6:30.


Attorney Altman stated, I guess what I’m saying to you is you need to be there and say your say there because they have the final say. We’re just recommending. 



#704 R & J Properties Inc.; Requesting to rezone from I-1 to B-2 on 6.558 acres. The property is located in the City of Monticello on the East side of North Sixth Street, approximately 1 block from Fisher Street.


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


Roger Mitchell stated, I’m President of R & J Properties and I’m here to answer any questions that anyone might ask about our request.


President Anderson asked, is there anyone in the audience with any questions about this request? Do the Commissioners have any questions about this request?


Don Ward asked, it says present use light industrial, what is there?


Jay Clawson stated, nothing.


Roger Mitchell stated, nothing, it’s bare, it’s open.


Don Ward stated, it’s zoned.


Jay Clawson asked, he rezoned most of the rest of that, what 5 years ago?


Roger Mitchell stated, about 4 years ago.


Don Ward asked, does that abut to the car wash?


Roger Mitchell stated, yes.


Jay Clawson stated, the car wash and the canvas place.


Don Ward asked, you have an entrance on Fisher Street, off of Fisher Street back to it?


Attorney Altman stated, this is just the exact opposite of what we had before us on the last one. This is going down to B-2.


President Anderson asked, do the Commissioners have any questions? If not let’s go ahead and vote.


With no further discussion the Board voted.


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

Attorney Altman asked, when will that be Jay?


Jay Clawson stated, you have informed me that Monday is a holiday so it will probably be Tuesday.


Attorney Altman asked, Tuesday at 7:00 right?


Jay Clawson stated, yes.




#705 James and Martha Beliles; Requesting to rezone from R-2 to R-3 on lot #54 in the Original Plat of Monon. The property is located at 200 and 202 W. 2nd Street.


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


Randy Williams stated, I’m up here from Lafayette from Joe Bumbleburg office. You may know Joe, I think that he has done some work for the Area Plan Commission up here in some legal proceedings. This filing on behalf of my client was done in response to and is part of the settlement of a lawsuit which is filed by Mr. Altman on behalf of the Area Plan Commission against my client regarding the use of some property in Monon. Again, as part of the settlement we agreed that we would file a petition, filed this petition to rezone the property from the current R-2 zone to an R-3. The property right now has, there is a duplex located on the property and there is also a, what was an old, actually the whole building was run down as was the garage which is not an attached garage but those were all run down. My client went in and he refurbished the building turning it into a duplex and then what had been the garage became a small apartment for another individual.

Again, it is our request with the understanding that we’re going to have to go to the Monon Town Council after we are here this evening. We ask that we have a favorable recommendation going from this body. Again, this is something which I on behalf of my client and you, actually through your Attorney, we worked this out that we would come before you to present this rezoning to the R-3. I know that most of the arguments that I would be making would be made more to the Monon Town Council than to you gentlemen here this evening that is including the need for the housing in Monon. I also have a list of different places out there that maybe have been treated a little bit differently in terms of more residences and the refurbishing of different places. We don’t think that, and I know that there are different locations in the Town of Monon looking at the zoning map where there are areas of R-3 as opposed to large blocks of R-3 but this is a corner lot. I think that if you were to look at your use table there are very few instances which an R-2 and R-3 is different. One stands out and I think by special exception is a cemetery which I don’t anticipate that that would happen here on this small corner lot in the Town of Monon but I think that another one is a boarding house, there is also a bed and breakfast but again given the location of this property in the Town this property is really not conducive to those types of businesses. It’s more conducive to a multi family use, which is what we have now and what we would be requesting.

Further more, not only would we have to go through the zoning process and get a favorable vote by the Monon Town Council but we understand, and provided by the sake of argument if that were to happen, we would have to be coming in front of the Board of Zoning Appeals because there will be some variances that we will need. So even if we get the rezoning right now we are still going to have to take that next step for them, and again that is something that Jerry and I have discussed prior to working this out, and again this is the first step here tonight and again the first step. I guess it would be three steps provided, depending what happens at the rezoning so again I request that a favorable recommendation be sent on to the Town Council.


Steve Fisher stated, before we vote you need to realize that we’re a 10 member board and we have 8 people here.


Randy Williams stated, that’s fine.


President Anderson asked, do we have anyone here in the audience with any questions about this request? Do the Commissioners have any questions?


Don Ward asked, do these people know that they were in violation when they built the third one?


Randy Williams stated, that’s part of the negotiated settlement that we have some what, we believe some potential defenses to this and in an effort to resolve those the uncertainty of litigation, this is what we said that we would do and I think the idea that if we do not get the rezoning ultimately through the Town Council then the garage apartment, then the agreement is that we will remove that and again that is to take care of the uncertainty of that. Isn’t that a fair resonation Jerry? 


Attorney Altman stated, yes. The only other history that maybe isn’t before you is to get the duplex to put in there he got a variance from B.Z.A. for that so that he has been before them to get that to allow for the duplex to go in there. As to whether he knew or didn’t know, that is what the Board is going to have to, I don’t even know if it’s even relevant for this Board right now or any of our Boards really. I don’t even think that’s relevant, I think that you need to look at what is the best use for the property and look at the ordinance and make a decision.


Ron Pollock stated, that’s what I figured because all that he needs is a variance right and that has to go through the Board of Zoning Appeals for that.


President Anderson stated, the question is, did he know at the time?


Director Weaver stated, all that I can say is he did go through a variance to be able to put a duplex on the property when Ray was in office.


Jay Clawson stated, the structure is an improvement to the area that it was in.


Randy Williams stated, there’s no question.


Ron Pollock stated, I have seen it before hand and he has really improved it.


Jay Clawson stated, it’s on Second Street and the South side of Monon on the West side.


President Anderson asked, are there any other questions? If not let’s vote.


Attorney Altman stated, the legal point of view that it comes down to is what is the highest and best use.


Jay Clawson stated, but, don’t do it again.


With no further discussion the Board voted.


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

Randy Williams asked, does anyone know when the next, when this will be on?


Ron Pollock stated, tomorrow night is the next Board meeting.


Randy Williams stated, I doubt that this will be on until the next meeting.


Ron Pollock stated, every two weeks they have a Board meeting.


Randy Williams stated, I will call the Clerks Office then and find out when the next meeting is.




President Anderson stated, next on the agenda we have the amendments to vote on.


Attorney Altman asked, are they advertised Director Weaver?


Director Weaver stated, yes, we are ready to go on these.


President Anderson stated, amendment Chapter 8 Article 8.10 Item 8.1002 Public Meetings or Hearings White County Zoning Ordinance.


Jay Clawson stated, we looked at it prior to tonight’s meeting. She had to advertise it, she brought it back for us to vote on.


Director Weaver stated, right.


Attorney Altman stated, adjoining, opposite, adjacent to the property across the street.


Director Weaver stated, there is a total of 4. They are all basically the same.


Jay Clawson stated, pass them all at once.


President Anderson stated, I will read them all and then pass them all if you want. Chapter 9, Article 9.6001, Notice of Hearing White County Zoning Ordinance.


Attorney Altman stated, again this is basically trying to get better notice out to the neighborhood so that we don’t have people like we had before right across the street not getting official notice of a rezoning. Again it’s adjacent, opposite get noticed and that’s what we’re trying to change. You might want to address the yes, no on that one. That is also adopted 8 to 0.


President Anderson stated, next on the amendments….


Attorney Altman asked, this one is for the, Director Weaver, which one is that for?


Director Weaver stated, Special Exceptions.


Attorney Altman stated, this is for a special exception notice and this is again the same thing to make sure that the full neighborhood gets noticed.


President Anderson stated, this is Chapter 10, Article 10.2008.


Attorney Altman stated, 8 to 0 in favor. The last one Director Weaver, do you want to tell us what that is for?


Director Weaver stated, subdivision, is what that is for.


Greg Bossaer stated, notification.


Director Weaver stated, notification, the same thing.


President Anderson stated, lets go ahead and vote.


Director Weaver stated, while you’re voting, I just want to let the Board know that the Board of Zoning Appeals asked me to send a letter to Monticello City Council, Town of Reynolds, Town Council and County Commissioners regarding our parking requirements. They would like to see some changes in that so we would like to talk about that at a later date, addressing an amendment on that.


Attorney Altman stated, the vote was 8 yes, 0 no.


Jay Clawson asked, the new strip mall I n front of Wal-Mart, did they get a setback for that building?


Director Weaver stated, they didn’t need one, they are meeting their setback requirements.


Jay Clawson asked, are they calling that a side setback then? The way that they have that building running is long ways, against and it looks like they are running that as the back of the building there. I don’t understand how they are going to get semis into that lot. Maybe it will look different once they get it done.


Director Weaver stated, I don’t remember if they are calling it a side or a rear but yes, one or the other, but their roadside is what I have to call the front and that is not a roadside because that’s only access to Wal-Mart.


Jay Clawson stated, but it’s set so close that I don’t know how they are going to get semis in, if it’s going to be a strip mall for deliveries and stuff. How they are going to get deliveries to that property?

Another thing, South Bluff Street there was a property where they did a remodel on a building in front and then they added on and they were suppose to tear down a building behind but the little news in the air is this building that they tore down is going to miraculously reappear. Do they have a permit to rebuild that building that they tore down?


Director Weaver stated, there were two houses on the lot. Is that the one that you’re talking about, right by the Catholic Church parking lot?


Jay Clawson stated, yes.


Director Weaver stated, they got a permit to turn that into a duplex and I don’t remember specifically if they were going to combine the two into one or tear one of them down. I don’t remember, I would have to do some research to answer that for you, I don’t remember.


Jay Clawson stated, the deal at first was, I heard, that whole back building was going to go because it is more, if they are allowed to build on and add another apartment on where the old thing, that would be multiple family and that would be out of the zoning requirement.


Director Weaver stated, we only issued a permit for a duplex.


Steve Fisher stated, it was used as a duplex, I believe, in the past.


Director Weaver stated, it’s two separate homes, I believe.


Steve Fisher stated, exactly, right.


Director Weaver stated, if they go more than two then they are in violation because we have not issued a permit for them to do more than 2.


Jay Clawson stated, because they left like a piece of wall standing, the thing blew over in the night and one of the guys down there working was saying, and said, we have to make sure that doesn’t disappear because they are planning on building back over that back slab because they did not remove the slab.


Director Weaver stated, I will pull the permit and I’ll go down and look at it.


Steve Fisher stated, how about directing Jerry for another Ordinance for the 6 month waiting period like we use to have in the old ordinance and drawing something up for us. The Niehaus thing was a repeat of last month and the reason they were able to do that is that 6 month waiting is not in there anymore.


Greg Bossaer stated, yes, nothing has changed, within 6 months maybe something would.


Steve Fisher stated, right now they can bring it back next month again if they want to.


Attorney Altman asked, you would like to have it changed to limited to every 6 months?


Steve Fisher stated, 6 months, like it use to be.


Attorney Altman stated, okay.


Director Weaver stated, while we’re talking amendments, we also need to get a penalty provision done. The last one didn’t fly countywide, it went part way but the whole county didn’t pass it.


Attorney Altman asked, who did adopt it Director Weaver?


Director Weaver stated, I can’t answer that right off hand. The County Commissioners have a problem with it so that’s why I would like for Attorney Altman to work on it and maybe we can get one we can agree on.


Jay Clawson stated, what I have a problem is where they try to rezone and live on the property.


Don Ward stated, leaving a slice in-between, it’s spot rezone. That’s what it boiled down to.


President Anderson asked, we have any other business? If not do we have a motion to adjourn?


Gary Barbour made a motion to adjourn.


Ray Butz seconded the motion.




The meeting adjourned.


Respectfully submitted,





Ray Butz, Secretary

White County Area Plan Commission







Diann Weaver, Director

White County Area Plan Commission