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The White County Board of Zoning Appeals met on Thursday, July 17, 2008 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were:  Gerald Cartmell, David Scott, and Vice President Jerry Thompson.  Also attending were Attorney Jerry Altman and Director Diann Weaver.

Visitors attending were:  Herb Parrish, Mayor Jason A. Thompson, Ralph Widmer, Tim Overmeyer, Joe Ruemler, Don Koleszar, Bonnie Parrish, Terry Pickens, and Dean Cook.

The meeting was called to order by Vice President Jerry Thompson and roll call was taken.  Attorney Altman swore in all Board members and audience members. 

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#2735     Farmers Co-Operative Company; The property is located on .96 of an acre Out NE SE 25-27-06, located in the Town of Wolcott at 200 W. Scott Street.

Violation:    None
Request:    They are requesting a 5’ side setback variance to encroach on the Railroad property 5’ for a pole building.

Vice President Jerry Thompson asked, I know you Joe but for the record you are?

Joe Ruemler stated, Joe Ruemler.

Vice President Jerry Thompson asked, and you are?

Joe Ruemler stated, I’m manager of the Farmers Co-op.

Vice President Jerry Thompson stated, okay, thank you.  Do you have any additional information you want to present to us tonight, Joe?

Joe Ruemler stated, no, I kind of messed up the last time I was here a couple of months ago, I should of put, we weren’t going to put the building on the drain pit at that time but with electric and stuff we changed our mind we was going to put it on there.  I came to get a building permit, I was floored when I had to do a variance again.  I didn’t expect this so…

Vice President Jerry Thompson asked, any fan mail from anyone Diann?

Director Weaver stated, we haven’t received anything on this, no.

Vice President Jerry Thompson asked, okay, anyone here care to speak either for or against the variance this evening?  Jerry, you have anything?

Attorney Altman stated, you understand that while you may get, assuming the Board granted this a consent to encroach we’re not actually authorizing you to encroach on railroad, somebody else’s property.

Joe Ruemler stated, I understand that, yea, yea.

Attorney Altman stated, and that you do so totally at your jeopardy and if somebody wants it removed you’d probably have…

Joe Ruemler stated, well I talked to the railroad I thought I would have it by now, a letter but I don’t have it yet but I think I’ll get it soon.

Attorney Altman asked, so you have a consent from them that you install and encroach this.

Joe Ruemler stated, yea I been talking to them, right, right.

Attorney Altman stated, okay very good, this probably ought to be voted on subject to getting that and because we just, as I said I didn’t know you had that or had that coming Mr. Ruemler but…

Joe Ruemler stated, well I think I do.

Attorney Altman stated, but I just, I just, we can’t give you that consent.

Joe Ruemler stated, right.

Attorney Altman stated, we can say it’s okay but we can’t tell you to get on somebody else’s property.

Joe Ruemler stated, right, right.

Vice President Jerry Thompson stated, but I have a comment for that.  Only because I’m familiar with the railroad, I’ve been on the Town Board of Chalmers where we dealt with new cross arms, nothing moves fast with the railroad.

Attorney Altman stated, oh I…

Vice President Jerry Thompson stated, I’d say he’d do well to have it in time for harvest.  That’s what I’d be afraid of.

Joe Ruemler stated, I guess what I’m asking for is letting me deal with the railroad if, let me take the responsibility of building it with the railroad.

Vice President Jerry Thompson stated, okay.

Joe Ruemler stated, if you don’t care and nobody else here cares.

Vice President Jerry Thompson stated, I know a letter would be the right way but…

Attorney Altman stated, I don’t have any trouble with that as long as you understand we can’t…

Joe Ruemler stated, I understand.

Attorney Altman stated, we, it is at your jeopardy and your risk.

Joe Ruemler stated, yea, yea.  See this is the third we’re coming on them so it’s not new to us but just.

Gerald Cartmell stated, third times a charm right.

Joe Ruemler stated, I don’t know about that but I hope so.

Vice President Jerry Thompson asked, Gerald do you have any questions for Mr. Ruemler?

Gerald Cartmell stated, no let’s do it.

Vice President Jerry Thompson stated, okay.  Dave anything?

Dave Scott stated, no.

Vice President Jerry Thompson stated, okay if there’s nothing else let’s vote.

The Board finds the following:

1.    That the property is properly zoned I-1, Light Industrial.

2.    That the lot was an existing lot of record at the time of enactment of the ordinance, as defined in Section 2.114.

3.    That the site plan survey provided shows the lot size, existing improvements and proposed improvements, see file for exhibit.  Applicant shall get consent from the railroad to build at its rear.

4.    That no objectors were present at the meeting.

5.    That proper notice was given by mail to adjoining property owners.

6.    That the request is for a 5’ side setback variance to encroach on the Railroad property 5’ for a pole building on Out of that certain Block of land situated in the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section Twenty-five (25), Township Twenty-Seven (27) North, Range Six (6) West, described as follows:
Beginning at a point 135 feet east of the Southeast corner of Lot No. 45 in the West Side Addition to the Town of Wolcott, White County, Indiana, running thence North One Hundred and Thirty (130) feet, thence east parallel with the center line of the Main Tract of the Pittsburg, Cincinnati, Chicago & St. Louis Railway and fifty (50) feet distant there from; East to a point three hundred twenty-two (322) feet; thence south one hundred thirty (130) feet; thence west three hundred twenty-two (322) feet to the place of beginning, all in the town of Wolcott, White County, Indiana.

A block of land situated in the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section Twenty-five (25), Township Twenty-seven (27) North, Range Six (6) West; described as follows:  Beginning on the West line of Second Street in the Original Plat of the town of Wolcott, White County, Indiana, sixty (60) feet north of the Northeast corner of Lot Number One (1), Block H Original Plat to the town of Wolcott, Indiana, as the place of the beginning, thence running North One Hundred and thirty feet (130), thence west one hundred seventy-five feet, parallel with the center line of the main track of the Pittsburg, Cincinnati, Chicago and St. Louis Railway; thence South one hundred thirty (130) feet; thence east one hundred seventy-five (175) feet to the place of beginning.

COMMON DESCRIPTION:  The property is located in the Town of Wolcott at 200 W. Scott Street.

7.    That the variance herein authorized and granted is not so typical or recurrent in nature as to make typical or recurrent the formulation of a general regulation under an amendment of the ordinance for the above said condition or situation of the above said specific piece of property, and the Board additionally finds that the above said variance is based on the findings of fact so made that are required to be made under the provisions of Section 10.10 of the White County Zoning Ordinance, said findings of fact support and create a fact situation that authorizes the above said variance under the above said sections of the zoning ordinance.

The variance was granted based on the findings of fact by a vote of 3 affirmative and 0 negative.

Attorney Altman stated, announcing the results on petition #2735.  The vote is 3 votes cast, 3 votes vote that the variance is hereby granted subject of course to the caution that we can’t grant an easement for you to be on somebody else’s ground and that we heard on the record that your taking that risk and you’re going to negotiate and get that from the railroad.

Joe Ruemler stated, yes.

Attorney Altman stated, understand, thank you.  You need to get a building permit.

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#2736     Gene A. Cooper d/b/a Cooper Salvage; The property is located on 3.10 acre, Part SW SE 33-27-3, located in the City of Monticello at 546 S. Railroad Street.

Violation:    None
Request:    He is requesting a 10’ front setback variance to encroach onto the road right-of-way and a 2’ height variance.

Vice President Jerry Thompson asked, anyone here representing this variance?

Gene Cooper stated, I’m Mr. Cooper.

Vice President Jerry Thompson stated, yes, you come forward please.  Do you have anything else you’d like to present sir?

Gene Cooper stated, no, I’m working with the City of Monticello and we’re going, we’ve been requested to, well we’ve been trying to put up fences for several years and me and the city’s agreed on what we need to do and since we’re going with a 10’ fence I guess 8’ is requirement but I prefer a 10’ so we have the privacy so we’re going to put up a cyclone fence and put screening in so people can’t see on the property.

Vice President Jerry Thompson stated, okay, all right.  Diann?

Director Weaver stated, no, I haven’t…

Vice President Jerry Thompson asked, any response from anyone?

Director Weaver stated, I haven’t received anything no.

Vice President Jerry Thompson stated, Jerry has something.

Attorney Altman stated, yea, we do have and I presume the Board’s seen a copy of this right…

Director Weaver stated, they have a copy of that.  That was given to us at the time of application.

Attorney Altman stated, very good, we do have a letter and I’m going to read the body of it.  It was dated May the 2nd, 2008 from the City of Monticello.  Addressed to Mr. Cooper, it’s about the privacy fence on the south side.  I would first like to thank you for discussing with me, at your facility, the issues with the privacy fence.  I believe this is a project the city and your business want to see to fruition.  As you asked, this letter is a letter stating what the City of Monticello is asking of you.  The City understands to get maximum height out of the fence, it is necessary to encroach on the right of way for the fence.  The City will support you in a variance for the fence.  The City would like for the fence to be 10 feet tall, and placed 9 feet from the edge of South Street.  This would also require you to connect your standing fence on the west side to the new 10 foot fence.  As per the discussion in the Council meeting dated September 17, 2007, you would be required to remove the abandoned trailers on the south side of your property.  I appreciate your cooperation with the City in this matter and thank you for your time.  Respectfully, Jason A. Thompson, Mayor of Monticello.  It has a place to be signed by Gene Cooper, owner of Cooper Salvage that is not signed.  I think that, anything else Diann in the file that should be need of the record?

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

Vice President Jerry Thompson asked, okay anyone here care to speak either in favor or against?

Mayor Jason Thompson stated, Jason Thompson, the Mayor of Monticello.  Uh, Gene did sign a copy there so I apologize for not getting that in there.  He did agree to those orders too.  One of the biggest things we’re trying to do is I think by seeing there, there’s a pretty good drop off there off South Street on his property.  We’re trying to let him get the maximum size and actually this will come to the height of the trailers if not a little bit taller so It’ll really help him out being able to get that, I’m not sure the exact distance that he’s encroaching on our road right-of-way.  We had worked out with him that if we have water main problems or something that’s his expense on his fence but I think it’s a joint venture that everybody wants to see happen so we can hide some of the necessary work that he has to do there so the City is asking for the variance.

Vice President Jerry Thompson stated, okay thank you.

Attorney Altman stated, uh, Mayor I have one question please while your there.

Mayor Jason Thompson stated, yes sir.

Attorney Altman stated, as this, I understand it says the City wants this to happen.  Is it also the City as you understand is consenting that he encroach…

Mayor Jason Thompson stated, yes.

Attorney Altman stated, subject to the conditions set forth in you letter of May the 2nd, 2008.

Mayor Jason Thompson stated, yes, correct.

Attorney Altman stated, okay very good.

Mayor Jason Thompson stated, yep, thank you.

Attorney Altman stated, thank you.

Vice President Jerry Thompson asked, Diann?

Director Weaver stated, well I kind of had a question when I went down to the property, has it been discussed the height of the piles that are going to be behind this fence because it appears to me that what’s there now is not going to be completely hidden by that fence.  Has that discussion been approached or do we need to approach that or…

Mayor Jason Thompson stated, we’ve had discussion with Mr. Cooper on that, um due to the massive influx of recyclable materials within the last 6 months or so he cannot haul it out as fast as it’s coming in.  Not is it just the stuff from his facility there, it’s also the contracts he has, I’m going to us Caterpillar for example, he’s hauling in truck loads daily or hauling stuff daily from Caterpillar to be recycled to ship out so it is a moving pile and it does seem like it’s very large but we are in discussion with him trying to work that out and I mean, so we are in discussion with that.

Director Weaver stated, I thought if we’re remedying a problem then let’s remedy the whole thing.

Mayor Jason Thompson stated, oh I understand that yes.

Gene Cooper stated, uh, we’ve spoke to several different scrap, large scrap companies we deal with some people in uh, last year out of Erie Pennsylvania to come in and did portable bailing for us and because of the market condition today everybody’s busy and getting so much material in we tried to get other parties in and try to process material for us so we could get it moved out faster and that failed and then we had a couple of other companies, we contacted about bringing in additional cranes and trucking the move material, that failed and today we started with a new company, we thought we was going to bring trucks in everyday and haul for them and then they was hauled into the landfill and they was going to come in and back fill a haul for us but they got the wrong kind of floors in their trailers and so that failed.  So we’re on an effort of trying to do it but I don’t want it sitting there either.  Not with these kind of markets.  We need to move it and I want to move it but we can only do so much and then with the way the markets are and the material coming in, this is what we did in time from time.

Vice President Jerry Thompson stated, yep.

Gene Cooper stated, now this, as time goes on over the summer here this will start slowing down and of course then we’ll catch up and usually it, we don’t have too much problem with that.  We’re going to try to eliminate that for the next spring and see if we can’t, because we have the same problem so we don’t have, go over that fence area, you know so it kind of keep it down a little bit.  Thank you.

Vice President Jerry Thompson stated, okay.

Attorney Altman stated, Mr. Cooper, please while you’re up there for the record, Mr. Cooper did just sign this letter that I read of Mayor Thompson’s.  By signing that you consent to the terms of that …

Gene Cooper stated, oh yes.

Attorney Altman stated, that the City is imposing on you to encroach there and agree to comply in everyway with their requirements that you shield the recycling material and if necessary remove it if somehow safety or other wise the city had to have that fence removed.

Gene Cooper stated, yea, there was some trailers that was sitting in the back of, along that fence line back there where there’s no fence line there and it was left there because we were trying to shield as much as we could and once we get this fence in place then we can take all that stuff out of there and get rid of it.

Attorney Altman stated, and you may, you understand the City may require some day you remove that fence also on their ground and you consent and understand that.

Gene Cooper stated, well that’s, you know that’s the chances we’re going to have to take on that yes.  But I don’t think with their decision they’ll want me to remove it because you know, they need it, we need it, everybody needs it to be there.

Attorney Altman stated, very good.

Gene Cooper stated, yep, thank you.

Vice President Jerry Thompson stated, thank you.  Anyone else care to address this variance?  Dave Scott do you have any concerns, questions?

Dave Scott stated, no.

Vice President Jerry Thompson asked, Gerald, nothing.  We ready to vote?  Let’s vote.

The Board finds the following:

1.         That the property is properly zoned I-2, General Industrial.

2.    That the lot was an existing lot of record at the time of enactment of the ordinance, as defined in Section 2.114.

3.    That the site plan survey provided shows the lot size, existing improvements and proposed improvements, see file for exhibit.  The consent to encroach may be withdrawn at anytime by the City of Monticello and this structure would have to be removed at the owner’s expense.

4.    That no objectors were present at the meeting.

5.    That proper notice was given by mail to adjoining property owners.

6.    That the request is for a 60’ front setback variance and a 2’ height variance for a privacy fence on A tract of land located in the Southwest Quarter of the Southeast Quarter of Section 33, Township 27 North, Range 3 West in the City of Monticello, White County, Indiana, and described more fully as follows:

Beginning at a steel post in the Southwest corner of the Southwest Quarter of the Southeast Quarter of the above said Section 33 and running thence North 00 degrees East 489.6 feet to a corner post; thence North 88 degrees and 18 minutes East 220.1 feet to an iron pin on the West right-of-way line of the Monon Railroad; thence Southeasterly along said right-of-way line 517 feet to the South line of the above said Section 33; thence North 89 degrees West 340.6 feet to the point of beginning, containing 3.10 acres, more or less.

COMMON DESCRIPTION:  The property is located in the City of Monticello at 546 S. Railroad Street.

7.    That the variances herein authorized and granted are not so typical or recurrent in nature as to make reasonable practicable the formulation of a general regulation under an amendment of the ordinance for the above said specific piece of property, and the Board additionally finds that the above said variances are based on the findings of fact so made that are required to be made under the provisions of Section 10.10 of the White County Zoning Ordinance, said findings of fact support and create a fact situation that authorizes the above said variances under the above said sections of the zoning ordinance.

The variance was granted based on the findings of fact by a vote of 3 affirmative and 0 negative.

Attorney Altman stated, announcing the results of the balloting on petition #2736, we have 3 votes cast, 3 votes vote that the variance is hereby granted subject to the conditions that the City has imposed on the right to encroach.  You need to get a building permit before you precede sir. 

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#2737     Alliance Bank; The property is located on 3.021 acres, Out corner NW 28-17-03, in the City of Monticello at 209 Rickey Road.

Violation:    None
Request:    They are requesting a 9’ front setback variance to place a new sign.  The old sign had to be moved due to the road widening project.

Vice President Jerry Thompson asked, and sir you are?

Tim Overmeyer stated, I’m Tim Overmeyer with Vanadco Signs.

Vice President Jerry Thompson stated, okay.

Ralph Widmer stated, and I’m Ralph Widmer with Alliance Bank.

Vice President Jerry Thompson stated, okay, thank you.  You have the floor.

Tim Overmeyer stated, as you can see we’re proposing a new sign that will have a 1’ setback, the sign we’re removing was larger and there’s not room for it so this sign will be removed and the new sign will be put up.

Vice President Jerry Thompson stated, okay.

Tim Overmeyer stated, and as the map shows in roughly the same area just back a little further.

Vice President Jerry Thompson stated, yep.  Anything here needs to be entered for the record necessarily.

Director Weaver stated, no, other than, no everybody has copies of that, of what was presented to us at the time of the application.

Vice President Jerry Thompson stated, all right.

Director Weaver stated, the pictures that I took um, I think the 2 on the last page of the pictures shows some orange stakes that page there.  Some orange stakes the left, the picture on the left is the existing right-of-way.  The stake behind it is the proposed right-of-way, they are marked, those stakes are marked.  It didn’t show up in my pictures but they are marked and then the picture to the side of that, to the right of that, that is, I tried to take a picture in line of what that right-of-way will be to give you some idea of how they’ll be moving that sign.

Attorney Altman stated, and this is a sheet of pictures that has 2 photographs on them, right Diann.

Director Weaver stated, yes.

Vice President Jerry Thompson stated, yes.

Attorney Altman stated, you’re talking about.

Director Weaver stated, yes.

Attorney Altman asked, and actually doesn’t the middle picture on the right hand side show that, show one of the stakes?

Director Weaver stated, yes, it does, yea.

Attorney Altman stated, that you’re talking about.

Director Weaver stated, and that’s the stake that’s on the other side of the property that would be the north side of the property.

Attorney Altman stated, okay, okay, looking the same way down that line.

Director Weaver stated, looking south.

Attorney Altman stated, yea, looking south.

Director Weaver stated, the other set of pictures are looking north.

Attorney Altman stated, okay, very good.

Vice President Jerry Thompson asked, anyone here care to address the variance?  Yes sir?

Mayor Jason Thompson stated, Jason Thompson, Mayor of Monticello.  When Ralph and I started working out the widening project for 6th Street, this came into discussion and I wanted to let him know that the City would be in favor of that or try to support them in that way also.  I know it doesn’t matter much but they did donate a pretty good portion of their land towards that project which saves us all tax dollars but the city did offer assistance for Mr. Widmer in the variance process here so I just wanted to address you on behalf of the city.

Vice President Jerry Thompson stated, okay thank you.  Anyone else?  Dave Scott have any questions?

Dave Scott stated, no.

Vice President Jerry Thompson asked, Gerald?

Gerald Cartmell stated, no.

Vice President Jerry Thompson asked, want to vote?

Attorney Altman asked, and the photograph that we have here that shows the Alliance Bank sign and all would be as built in the situation here?

Tim Overmeyer stated, yes, yes.

Attorney Altman stated, okay that you intend to put in there sir right?

Tim Overmeyer stated, just like that yes.

Attorney Altman stated, very good thank you very much.  We also have City Council person here and I gather that you are here in support also, right Mr. Mann?

Jim Mann stated, I got here late, you didn’t swear me in but yes, absolutely.

Attorney Altman stated, okay, very good, that’s what I thought but I thought you’d like to be on the record.

Jim Mann stated, thank you sir.

Dave Scott stated, just for the record the hardship was created by…

Attorney Altman stated, widening the road.

Vice President Jerry Thompson stated, widening, yep, yep. 

Attorney Altman stated, like the last one the hardship was the fact that the lowness of the ground versus the height of the road.  Can’t do too much about either one.

The Board finds the following:

1.    That the property is currently zoned B-2, General Business.

2.    That the lot was an existing lot of record at the time of enactment of the ordinance, as defined in Section 2.114.

3.    That the site plan survey provided shows the lot size, existing improvements and proposed improvements, see file for exhibit.  The road widening project caused this hardship.

4.    That no objectors were present at the meeting.

5.    That proper notice was given by mail to adjoining property owners.

6.    That the request is for a 9’ front setback variance to place a new sign on That part of the northwest quarter of the northwest quarter of section 28, township 27 north, range 3 west in the city of Monticello, White County, Indiana, described by:
Beginning at an iron pipe at the northwest corner of the above said section 28; thence south 89 degrees 59 minutes 25 seconds east along the section line 415.57 feet; thence south 219.00 feet to a ½ inch iron pipe; thence west 25.00 feet to a  ½ inch iron pipe; thence south 103.74 feet to a ½ inch iron pipe on the north line of Wildwood Subdivision; thence south 89 degrees 23 minutes 00 seconds west (basis of bearings) along said line 385.84 feet to the section line; thence north 00 degrees 50 minutes 00 seconds west 327.00 feet to the point of beginning, containing 3.021 acres.

COMMON DESCRIPTION:  Property is located in the City of Monticello at 209 Rickey Road.

7.    That the variance herein authorized and granted is not so typical or recurrent in nature as to make typical or recurrent the formulation of a general regulation under an amendment of the ordinance for the above said condition or situation of the above said specific piece of property, and the Board additionally finds that the above said variance is based on the findings of fact so made that are required to be made under the provisions of Section 10.10 of the White County Zoning Ordinance, said findings of fact support and create a fact situation that authorizes the above said variance under the above said sections of the zoning ordinance.

The variance was granted based on the findings of fact by a vote of 3 affirmative and 0 negative.

Attorney Altman stated, announcing the results of the voting on petition #2737, there are 3 votes cast again, 3 votes vote the variance is hereby granted.  You need to get a building permit before you precede sir.

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#2738     W. Dean & Marcia Cook; The property is located on 1.164 A, on Part NE NE 22-27-03, located East of State Road 39 on C.R. 175 North before C.R. 725 East.

Violation:    None
Request:    They are requesting a 54’ front setback variance to build a new pole building.

Vice President Jerry Thompson asked, and sir you are?

Dean Cook stated, I’m Dean Cook.

Vice President Jerry Thompson stated, thank you.  Do you have anything you’d like to add other than what I’ve read?

Dean Cook stated, just we’re requesting that we’d like to put it further back but at the back part of our lot is a steep ravine.  We have no way to go further back.  The only thing that’s a problem is there’s an easement or a I don’t what you’d call it, I guess an easement that comes back to that property line but it only goes to my property so it really wouldn’t of no value to anyone else.

Vice President Jerry Thompson stated, okay.  Diann?

Director Weaver stated, nothing other than I tried to show that ravine in those pictures I don’t know if I got the job done or not but I tried.

Dean Cook stated, it’s pretty grown up, yea.

Vice President Jerry Thompson stated, okay, all right.  Anyone here care to speak for or against?  Yes, please come forward.

Bonnie Parrish stated, I’m Bonnie Parrish, my husbands ill and not able to make it today.  When this ground was sold to Mr. Cook I guess we didn’t understand that we had a right-of-way through there to go to the back woods and when the fence went in we didn’t think to much about it because it could be taken down but if they’re going to put a building there we have no way, and we have thought maybe in retirement we’d like to put a home back there and that road has been through there how many years.  Lamar built all the homes on that road and that was our right-of-way to the back woods, now we have no right-of-way to go back there.  You know we can’t go back there and mow, we can’t go back there with the tractor if we have a calf, so that’s our problem.

Director Weaver stated, I don’t have any information that says that that is a right-of-way back to your property.  Your property’s to the north of this property, correct?

Lamar Parrish stated, no to the back.

Director Weaver stated, which would be the north.

Lamar Parrish stated, yes.

Director Weaver stated, because the information that I have just shows that it ends at Mr. Cook’s property.

Bonnie Parrish stated, well I had contacted our attorney and he said we need to have this tabled because we need to have a title search.  He thinks that, because he said you know, you had to get back there some how or other and Lamar has never granted that road to anybody.  When he’s dead that road is not a county road, it’s our, you know, access back there.  Well now we can just go back so far and we can’t go back across the ravine and over to the other side of the woods.

Dave Scott asked, is this property land locked and there’s no…

Lamar Parrish stated, yes.

Bonnie Parrish stated, yes.

Director Weaver stated, well you own the property around that to the, what you own to the north Mr. Cook, you own the property to the east of that property as well correct.

Bonnie Parrish stated, yea but you can’t get across the creek, it’s a deep creek, you can’t drive across.

Lamar Parrish stated, you can’t get across the high creek.

Bonnie Parrish stated, yea, you can’t get across the big creek.  I mean you about have to go out and sit there and look at it.

Vice President Jerry Thompson stated, yea, that’s right.

Gerald Cartmell stated, we may need to table this so we can all go get a good look.

Vice President Jerry Thompson stated, but the time frame here.  Obviously you’ve had your property for some time.  Mr. Cook how long have you had your property?

Dean Cook stated, I think I bought that in 2002.

Vice President Jerry Thompson stated, okay so you’ve had it for awhile.

Dean Cook stated, right.

Bonnie Parrish stated, well we just didn’t think if the fence was there we didn’t realize until we went out to look for our surveyor stakes.

Lamar Parrish stated, I’ve got a question to ask.  Before that property was sold the administrators was told about that twice and the attorney at the state was told about it twice and settlement day we ask and we never got no answer so they’ve been informed twice.

Director Weaver asked, were you aware of the right-of-way Mr. Cook?

Dean Cook stated, I have a deed of the property.  Where she’s talking about where the road ends in order for them to go across that creek even if they still have to cross my property to go across the creek which I don’t know how you’d ever get across that ravine any how, you saw it to get to their back property they have other access to the back of the property.

Bonnie Parrish asked, and how do you suggest we do that?

Dean Cook stated, from just east of where your barn is that takes you right back to that.

Bonnie Parrish stated, that’s the small creek, not the big creek.

Dean Cook stated, okay I don’t know about that.

Bonnie Parrish stated, the big creeks on further back.

Dean Cook stated, okay.

Bonnie Parrish stated, as deep.

Dean Cook stated, okay.

Bonnie Parrish stated, I mean it conjoins Joe Schnepp, it’s the Pike Creek.

Attorney Altman stated, only thing I’d say about your, understand your discourse but your making a very difficult record to follow for our staff so slow down please okay.

Director Weaver stated, the one thing I don’t and I’m not, don’t get me wrong I’m not trying to say that you have access to this property in any way I just want to make sure, when I looked at the information in my office it looks to me like you own the property to the north of Mr. Cook but you also own a large field to the east of that property.  Is that correct?  Okay.

Bonnie Parrish stated, but there’s no way you can cross the creek.

Director Weaver stated, and I’m not questioning that.

Bonnie Parrish stated, yea your right, your right.

Director Weaver stated, I’m just trying to establish so the Board knows that.

Bonnie Parrish stated, north and east, your right, you’re correct.

Dave Scott asked, Dean is there any way you can shift the building to the east to leave that…

Dean Cook stated, still would not have room besides I’ve got huge sycamores there that would have to be taken down.  I couldn’t shift it far enough, we talked about that in her office and even trying to turn it but still I have to be able to get, I own all the way to the west of that property line.

Dave Scott stated, uh huh.

Dean Cook stated, you can’t, you know if you go to their property on the back side you have to cross my property in order to get to it.  There’s like 150’ there you know that goes down the creek line.  Not Pike creek but whatever that little ditch is that…

Director Weaver stated, that’s what I’m understanding them to say though is that they have an easement across your property to get back there.

Bonnie Parrish stated, Mr. Little told us that once you have a right-of-way in which that road is our right-of-way it always stays a right-of-way.  He says it doesn’t make any difference if it’s sold 25 times you still have a right-of-way.

Dave Scott asked, Jerry should we table this?

Attorney Altman stated, I think I sure would.  I think I would however I would suggest if there is a legal right there Mr. Little better get on your horse and get something done.

Lamar Parrish stated, no, no, no, no, not Mr. Little, Mr. Christopher, he was the estate attorney.

Attorney Altman stated, well now all I’m saying it’s your attorney so you need to do something about this more than this.

Lamar Parrish stated, yea we got to.

Bonnie Parrish stated, I mean I called Mr. Christopher and he said he didn’t want to this ruckus again but um,…

Attorney Altman stated, again all I’m saying is…

Bonnie Parrish stated, he didn’t even remember the lot being sold and I was like yes it was.  I had to go over and show him the paper work, yea it was.

Dave Scott asked, Jerry if I own a piece of property and there’s a piece a property behind it and the person who owns the property behind me uses that road for years and years and it’s an established road does that give them any legal right as for ingress and egress as far as…

Attorney Altman stated, if it’s a long enough time, yes.

Dave Scott stated, I don’t know if that’s what they’re trying to say or not.

Attorney Altman stated, well all I can say is they can say it, they better get something that establishes it.

Dave Scott stated, but even if it’s not, even if it’s not a recorded easement would they have a right to that property because that’s been there or no?

Attorney Altman stated, and again what generally establishes that is they take an action in court to establish that and the judge or the jury establishes that and that’s how they get something in writing.

Bonnie Parrish stated, see and that’s why the roads never been sold, the gravel road has never been sold or anything because that was Lamar’s, he built all the homes and that was why he never sold that road or wanted the county to take it over and maintain it or you know…

Lamar Parrish stated, everybody can use it.

Bonnie Parrish stated, everybody can use but he didn’t want to sell it because he knew that was the only way we have across the back part.

Vice President Jerry Thompson stated, okay we’ve heard information, I think there’s a possibly a motion to table this matter.

Dave Scott stated, I think we ought to give them a month, I’ll make a motion we table this to give them a month to prove that they have right-of-way if not then…

Bonnie Parrish stated, I have another question.  Now when you have to prove this, do you have, so we’ll have to go back to Christopher and get the first deed before they started splitting everything?

Attorney Altman stated, no, you have to establish what he’s saying and however you do that that’s yours to do we can’t decide that for you.

Bonnie Parrish asked, it should show on the original shouldn’t it?  Okay.

Vice President Jerry Thompson stated, okay.

Bonnie Parrish stated, okay we just need to go get the original that, before…

Gerald Cartmell stated, bring it in to Diann and let her look at it.

Bonnie Parrish stated, before Christopher started giving this in, and this in, and this in, we need to get the original.

Vice President Thompson stated, okay for their information our meeting in August would fall, anybody have a calendar handy? 

Attorney Altman stated, yea, I do have.

Vice President Jerry Thompson stated, I shut my phone off, I was told to.

Attorney Altman stated, I know, I know, bossy me.

Director Weaver stated, the cutoff date for the August 21st meeting is July 31st so we really need that in the office by the 31st of July to be heard at the August…

Bonnie Parrish stated, okay this may be a problem.  When is the August meeting because Steve is having surgery?

Director Weaver stated, August 21st.

Dave Scott stated, actually, I mean I think Jerry ought to have that in time to look at it so that he can advise us on…

Director Weaver stated, well if they have it to us by the cutoff date then we would really have enough time for him to look at it as well.

Bonnie Parrish stated, Mr. Little said it would take him more than a couple weeks to go through, he’s going to have to go through everything in Christopher’s stack and find the original and go through it all, he says it’s going to take him more than 2 weeks.

Attorney Altman stated, I guess I’d suggest you, Mr. Little make his contact to me and file whatever motion he needs to do because…

Dave Scott stated, well make him work quick because we’re not going to hold Mr. Cook up any longer than we have to either as far as I’m concerned.

Vice President Jerry Thompson stated, yea it’s not right there.

Dean Cook asked, excuse me, what do I have to provide, anything in this time?

Vice President Jerry Thompson stated, really nothing.

Dean Cook stated, I have the deed to that property, I mean it’s a recorded deed to that property.  That’s all I need, right?  I mean they can do their thing but you know I don’t need to provide anything else.

Vice President Jerry Thompson stated, I don’t believe so, I don’t know why he would.

Dave Scott stated, we’ve got a survey here that Mr. Milligan said that you own that property so…

Vice President Jerry Thompson stated, yea, they’ve got to prove different.

Attorney Altman stated, I agree, were willing to listen to you but you better get you lawyer to get something to us.

Bonnie Parrish stated, oh we will.

Vice President Jerry Thompson stated, okay.

Attorney Altman stated, or something in a court of law that establishes what you’re saying.

Vice President Jerry Thompson stated, you’ve got the dates down.

Bonnie Parrish stated, so my deadline is July 30th to get…

Director Weaver stated, July 31st.

Bonnie Parrish stated, get it to Jerry.

Vice President Jerry Thompson stated, yep.

Director Weaver stated, to actually get it to my office and then I’ll forward it on.

Attorney Altman stated, yea, they can file mark it and then I can review it because they’ll get it right to me, please.

Bonnie Parrish stated, okay.

Lamar Parrish asked, now, you’ll have a hearing on this?

Vice President Jerry Thompson stated, next month.

Gerald Cartmell stated, next month.

Attorney Altman stated, the 21st.

Vice President Jerry Thompson stated, yea next month, same place.

Attorney Altman stated, same place, same time but you’ll be first on the agenda.

Bonnie Parrish stated, thank you.

Attorney Altman stated, okay, and thank you.

Vice President Jerry Thompson stated, thank you.

Gerald Cartmell stated, I guess we never did second the motion.

Vice President Jerry Thompson stated, just a minute Mr., will he be re-notified?

Attorney Altman stated, no.

Director Weaver stated, no.

Vice President Jerry Thompson stated, no, I didn’t think so but I wanted to ask that while he was here.

Dean Cook asked, what do I need…

Vice President Jerry Thompson stated, how about the next meeting.

Dean Cook stated, just be here the next meeting then.

Vice President Jerry Thompson stated, yea.

Attorney Altman stated, you better have a second and a vote.

Vice President Jerry Thompson stated, we will we’re getting to that.

Gerald Cartmell stated, I will second that.

Vice President Jerry Thompson stated, okay it’s been moved and seconded, tabled, variance #2738 all in favor signify by saying aye.

Board Members stated, aye.

Vice President Jerry Thompson asked, all opposed?  Motion carried.

Dean Cook stated, thank you.

Director Weaver stated, feel free to contact my office if you want to review what they present anytime before that.

Dean Cook stated, all right thank you.

Attorney Altman stated, and if Mr. Little has questions ma’am, if Mr. Little has questions ask him to contact Diann or myself and we would be glad to talk to them to, also, okay.

Vice President Jerry Thompson stated, we’re going to take a couple minute break here so let's shut the tape recorder off.

****

#2711     Terrence M. Pickens; The property is located on Part of Lots 13 and 14 in Hinshaw’s White Point Addition, located just North of C.R. 225 N at 2406 N. West Shafer Drive.

Violation:    None
Request:    He is requesting an 8’ front setback variance and a 5’ rear setback variance to bring the existing cottage and attached garage into compliance and to separate the lots and change the lot lines.

Vice President Jerry Thompson asked, and sir you are?

Terry Pickens stated, Terry Pickens.

Vice President Jerry Thompson stated, yes I know you.  Okay thank you.  You have the floor.

Terry Pickens stated, in order to bring the property into better compliance it was suggested by this Board the last time that I redraw the lot lines which with the help of Mr. Milligan and the planning division we were able to come up with a proposed drawing and also asking for the permission to put up the carport and the rebuild the well house on a 16 x 16 deck which is also indicated on that same drawing.

Vice President Jerry Thompson stated, okay.  Diann do you have anything to add?

Director Weaver stated, no, I do not.

Vice President Jerry Thompson asked, okay, Jerry do you have anything?

Attorney Altman stated, yea the only thing that I would add is it seems like this and 2712, 2713, 2714 basically, I wouldn’t say they need to have the same result but it comes pretty close to that and therefore maybe in the interest of speed if we put these together in consideration we’d save time would be my suggestion on that.

Vice President Jerry Thompson stated, okay.

Attorney Altman stated, since they’re so close and they’re basically the same subdivision and there right beside each other, right same road and everything.  However we can go the other way to it’s up to the Board.

Director Weaver stated, Jerry when you say that you’re going to join them together for discussion they’ll still be individual votes.

Attorney Altman stated, just to discuss, individual votes, yes.

Vice President Jerry Thompson stated, yea it would be 4 ballots.

Director Weaver stated, yea that’s what I thought.

Vice President Jerry Thompson asked, everybody understand?

Attorney Altman stated, however that’s Mr. Picken’s right to decide how he wants us to consider this.

Terry Pickens stated, I think we’ve done everything possible to make it you know a better piece of property.  I don’t have any problem with putting them together.

Vice President Jerry Thompson stated, okay.

Dave Scott stated, as I’m looking at this survey the broken line there, that’s the old lot line…

Director Weaver stated, yes.

Dave Scott stated, and now there’s another line that runs through this, this is actually the new.

Director Weaver stated, that is right.

Vice President Jerry Thompson stated, gotcha, gotcha.  All right, uh, anyone here care to address the variances for or against?

Terry Pickens stated, that would put each building within the lot lines where as before it wasn’t.  Mr. Milligan worked long and hard on that.

Dave Scott stated, yea.

Vice President Jerry Thompson stated, yea it took time.

Director Weaver stated, to say the least.

Dave Scott stated, it looks like he made the best…

Terry Pickens stated, for a little bit of money I got to tell you, he’s a good guy.

Vice President Jerry Thompson stated, you said it all Dave, your right.

Attorney Altman stated, well as I understand it to summarize it, it looks like we had several lots and several units and what your doing is your putting the cottages, your dividing the ground between the proposed, the 4 cottages there, right?

Terry Pickens stated, which was suggested by this Board at the last meeting that I was at.

Vice President Jerry Thompson stated, that’s right, that’s right.

Terry Pickens stated, that was a good suggestion and I appreciated that.

Dave Scott stated, Jerry I got a question.  I think he’s done the best you can with a bad situation…

Vice President Jerry Thompson stated, exactly.

Dave Scott stated, I got to say here, is there any way, if you were coming in here for a variance to put these cottages in here on those size lots I probably wouldn’t vote for you.

Terry Pickens stated, right I understand.

Dave Scott asked, because it’s to congested and if, how can you do it so if something happens to these lots that they have to, that they somehow get married back together?

Director Weaver stated, you can’t because if these variances are granted he has the right to sell them separate.

Terry Pickens stated, which is how I bought them originally but the way they were built was…

Dave Scott asked, you bought them separately?

Terry Pickens stated, I did actually yea they were separate purchase.

Dave Scott stated, and your probably going to try to sell them off separately again.

Terry Pickens stated, who knows with today’s economy I might be stuck with these for awhile.  But no uh, for now I’d like to keep them separate you know, chances are somebody might buy them all but my chances are separately would be a lot easier than a piece of property that was sold together.

Dave Scott stated, I don’t really have any problems with what you’ve done here I mean like I say you’ve done, but it’d be nice if something ever happened to them that no matter whether we clean it up.

Vice President Jerry Thompson stated, they would come together as one that’s right, that’s right, yep.

Dave Scott stated, he’s got a cottage there on a 23’ lot.

Terry Pickens stated, right.

Director Weaver stated, that’s right.

Attorney Altman stated, I guess the real thing is I think the Board maybe ought to address just that fact and that you know you can make clear that no variances in the future would be even considered or granted as to this that if he gets an approval it’s contingent upon this is the universe if you will of what he’s allowed on those comparatively small pieces of ground even though of course it’s on the sewage system and that sort of thing, he’s still got water problem, furnishing wells and that sort of thing, water to all these lots.  Is it all on one pump?

Terry Pickens stated, well as most of them are and there would be a well agreement as there has been in the past.  Each one of them is identified legally by a different address as it stands now.  I got a letter in the mail…

Attorney Altman stated, yea but we’re looking at the, where the water comes from, it doesn’t matter what address it goes to.

Terry Pickens stated, yea, I wish they would have ran water along with the sewer but that’s not the case, it’s a private well.

Attorney Altman stated, yea, and private well serves all of them.

Terry Pickens stated, it does, it’s being on lot 16.

Dave Scott asked, so there’s one, say lot #, the cottage in the middle had burnt down, would they have to get a variance to build that back or could they build that on the same footprint if we allow this variance?

Director Weaver stated, they should be able to build it back on the same footprint as long as it is the same as it is now.

Attorney Altman stated, but they wouldn’t be able to put any more square footage or living space on there.

Director Weaver stated, right.

Gerald Cartmell stated, unless they went up.

Attorney Altman stated, no, they wouldn’t be able to do that.

Gerald Cartmell asked, can’t even go up?

Director Weaver stated, Dave I don’t know, I guess maybe I need to, I don’t know how much you guys remember that Mr. Pickens was here last November or there about and was granted a variance at that time and the reason being that he’s also been effected by the road widening project.

Dave Scott stated, right.

Director Weaver stated, and I didn’t know if you guys remembered that or not.

Dave Scott stated, yea, that’s a good point.

Attorney Altman stated, and that was the hardship that allowed that.

Vice President Jerry Thompson stated, that’s right.

Attorney Altman stated, and whether that can be shoe horned in to this incident, these 4 incidents or it matters I don’t know but it does bear on it however there still is only so much room there and I think the restriction of further expansion ought to be part and parcel of these approval assuming they get approved.

Vice President Jerry Thompson stated, yea.  Gerald do you have anything for Mr. Pickens?

Gerald Cartmell asked, I just wondered if you sell these lots where’s everybody going to park?  I mean you look at the pictures here and I drive by there quite a bit of times and there is already stuff sitting in the road.

Terry Pickens stated, yea, you know they took away a lot of the parking and un, they left me on a cliff that was at a loss as to what do so I brought in at my own expense equipment and I lowered the grade and the apron, redrew that lot the line for lot between 13 and 14 I believe to actually split the driveway down the middle so that it should be shared allowing 2 cars which was granted I think at the last time it was given 2 parking spaces per cottage, I think, right.

Director Weaver stated, that is right, that is what it required.

Terry Pickens stated, I made the best of use of what’s left and there is a little bit of room that you could actually drive up in front of the cottage but that would be you know parking closer to the buildings.  I don’t know what else to do.

Dave Scott stated, yea.

Vice President Jerry Thompson stated, I think you’ve done about all you can do.  Any other discussion Gerald?  Okay we’re voting on 4 variances here, correct?

Attorney Altman stated, that’s up to him whether we’re voting.

Terry Pickens stated, please I’d like to be done with it.

Attorney Altman stated, okay.

Vice President Jerry Thompson stated, yep, okay.

Attorney Altman stated, and voting on all of them with the restriction that no further expansion of any use would be allowed, variance or otherwise.

Terry Pickens stated, and permission to put up the carport and the well house.

Director Weaver stated, that’s part of your request so those would be allowed, yes.

Dave Scott asked, where is that carport at?

Terry Pickens stated, the same footprint as where the old garage was on lot 16.

Director Weaver asked, do you see it Dave?

Dave Scott stated, oh okay there it is, yea.  Okay.

Director Weaver asked, Mr. Pickens you brought your sign back didn’t you?

Terry Pickens stated, I did.

Attorney Altman asked, so Diann this one here is not built is that what you meant by lot 16?

Director Weaver stated, the cottage is built, he’s wanting to put a well house and a carport down here.

Attorney Altman stated, and this carport is not built.

Director Weaver stated, yea that’s the well house, that’s the carport.

Attorney Altman stated, okay.

Director Weaver stated, yea, and those are included in the request.

Attorney Altman stated, and that’s all that he’s asking for and that’s these…

Director Weaver stated, to build additional, yes.

Attorney Altman stated, 2 things, okay, okay just to be, again to be plain so that for the record there’s shown a proposed carport right beside the lot 15 is 24 x 26 single story…

Terry Pickens stated, yes.

Attorney Altman stated, carport and a well structure that is, shows a 12 x 12 and a deck 16 x 16 surrounding that right and that’s what we’re talking about that…

Terry Pickens stated, exactly.

Attorney Altman stated, you’d be allowed to add to this.

Terry Pickens stated, right.

Attorney Altman stated, and no more.

Terry Pickens stated, no more.

Vice President Jerry Thompson stated, start grading the papers Jerry.

Attorney Altman stated, I knew you were going to say that.  Okay they’re here I guess.  Okay, announcing the results of the ballot and they’re identical on 2711, 2712, 2713, and 2714, there are 3 votes cast, 2 votes vote in favor of it and one vote denies it.  The variance is not approved.  It will be, is also not disallowed, it will be continued until the next meeting for a vote on that.  Has to have 3 votes before it’s adopted, so that will be when Diann?

Director Weaver stated, August 21st.

Attorney Altman stated, okay for the record that’s when it will be reheard, re-voted on and we can receive evidence that day though we often times don’t receive very much.  Hopefully Mr…

Director Weaver stated, yes, Mr. Pickens you might call ahead of time to make sure that we’re going to have you know…

Terry Pickens stated, enough people.

Director Weaver stated, yea, I mean I don’t know if…

Attorney Altman stated, because we certainly, that way if we, that wouldn’t be held against you if we didn’t have enough voters however we are talking about in the, as to the one member that isn’t having an alternate vote for person and statute does allow.

Terry Pickens stated, best wishes to the gentleman that’s in the hospital.

Attorney Altman stated, well and then the gentleman that’s in the hospital.  Now the alternate would be for the person that is not here right now.

Terry Pickens stated, okay so we need 3, I don’t have it.

Attorney Altman stated, you don’t have it right now, all right.  Thank you very much.

Terry Pickens asked, you still need the drawing don’t you?

Dave Scott stated, uh, no.

Terry Pickens stated, the one that’s highlighted.

****

#2712     Terrence M. Pickens; The property is located on Part of Lots 14 and 15 in Hinshaw’s White Point Addition, located just North of C.R. 225 N at 2408 N. West Shafer Drive.

Violation:    None
Request:    He is requesting a 13’ front setback variance and a 6’ rear setback variance and a 20’ lot width variance and a 63 square foot space variance to bring the existing cottage and attached garage into compliance and to separate the lots and to change the lot lines.

This request is tabled until August 21, 2008, see above.

****

#2713     Terrence M. Pickens; The property is located on Part of Lot 15 and part of Lot 14 in Hinshaw’s White Point Addition, located just North of C.R. 225 N at 2410 N. West Shafer Drive.

Violation:    None
Request:    He is requesting an 18’ front setback variance and a 5’ rear setback variance and a 15’ lot width variance and a 1,088 square foot space variance to bring the existing cottage into compliance and to separate the lots and change lot lines.

This request is tabled until August 21, 2008, see above.

****

#2714     Terrence M. Pickens; The property is located on Part of Lots 15 and 16 in Hinshaw’s White Point Addition, located just North of C.R. 225 N at 2410 N. West Shafer Drive.

Violation:    None
Request:    He is requesting a 24’ front setback variance and a 4’ rear setback variance to bring the cottage into compliance and to allow for a proposed detached carport to separate lots and change lot lines.

This request is tabled until August 21, 2008, see above.

****

Vice President Jerry Thompson stated, okay other business, Diann.

Director Weaver stated, the only thing I’d like to mention and I suppose these guys probably already know, I don’t know that you know though, on July 28th we are having a meeting for  the Area Plan Commission to vote on the new Zoning and Subdivision Ordinance.

Vice President Jerry Thompson stated, okay.

Director Weaver stated, other than that, I had a budget hearing on Monday that was just explain the new policies that they’re putting in place for salaries and got another one well, if we have questions from our meeting on Monday we have a meeting again next Monday to go and ask questions, make comments.

Vice President Jerry Thompson stated, okay.

Director Weaver stated, I can’t think when, off the top of my head my actual budget hearing is.   I’ll give you that information at the next meeting which is on the 29th.

Vice President Jerry Thompson stated, all right.

Director Weaver stated, that’s all I have.

Vice President Jerry Thompson stated, okay glad you did and just for my information the next meeting is the 29th.  Make sure I got that written down right.

Director Weaver stated, July 29th not August, July 29th.

Vice President Jerry Thompson stated, July, yes, yes, yes, yes.

Director Weaver stated, which is a Tuesday.

Vice President Jerry Thompson stated, yes, yes it is.  That’s why I wanted to double check that.

Gerald Cartmell stated, July 29th right.

Director Weaver stated, July 29th.

Vice President Jerry Thompson stated, yes.

Attorney Altman stated, and this won’t be heard that day just for you’re, so yours will be…

Vice President Jerry Thompson stated, yours is in August.

Terry Pickens stated, August 21st, 7:00.

Director Weaver stated, 7:30.

Vice President Jerry Thompson stated, 7:30.

Attorney Altman stated, 7:30 right here.

Vice President Jerry Thompson stated, yes.

Terry Pickens asked, do I have to repost the sign again?

Director Weaver stated, no.

Attorney Altman stated, but you ought to put it back up.

Director Weaver asked, you do think he should put it back up?

Attorney Altman stated, yea he should put it back up.

Director Weaver stated, even though it was continued.

Attorney Altman stated, yea I sure would.

Director Weaver stated, go ahead and take it with you.

Vice President Thompson asked, you two anything?

Gerald Cartmell stated, well I think we got, we got one more business Diann.

Director Weaver stated, next meeting.

Gerald Cartmell asked, both of them?

Director Weaver stated, all of them.

Attorney Altman stated, the other thing is before I’m here although you mentioned it that the Town of Monon was possible appoint an alternate.  I certainly think that sounds great and…

Vice President Jerry Thompson asked, how soon Dave, do you think that’ll happen?

Dave Scott stated, well I talked to one of the Board members tonight and I’m going to try to get a hold of a couple of the others and he was one of the names they give me so if they say, I’m going to try to bring him next, I’ll get a hold of Diann and maybe he can be at the next meeting.  Does he have to be sworn in?

Attorney Altman stated, he would have to be sworn in.

Director Weaver stated, I also have documentation that they would have to fill out for it.  I can get that in the mail.

Dave Scott stated, okay, why don’t you do that and maybe he can be here the next meeting.

Attorney Altman stated, and I, we certainly can swear him or somebody at the town board can swear him in.

Dave Scott stated, see we won’t have a meeting before our next BZA meeting, it’d be nice to have another member.

Vice President Jerry Thompson stated, um hum.

Attorney Altman stated, sure would be, the 29th would be wonderful to have another vote.

Vice President Jerry Thompson stated, yes but he can only come in case of Charlie.

Dave Scott stated, no he’s Dave’s.

Director Weaver stated, he’s Dave Stimmel’s replacement.

Vice President Jerry Thompson stated, he is Dave’s, I’m sorry, I’m sorry you’re right, you’re right I got crisscrossed didn’t I.

Dave Scott stated, gosh I don’t know if we have another board actually for his appointment.

Gerald Cartmell stated, oh town board.

Dave Scott stated, yea.

Gerald Cartmell stated, yea probably so.

Attorney Altman stated, yea I would expect you do.

Dave Scott stated, yea.

Vice President Jerry Thompson stated, you might have to call a quick one, encourage it.

Dave Scott stated, well and then you got, it takes 10 days to do that.

Vice President Jerry Thompson stated, I know that I know it does.

Director Weaver stated, yea.

Vice President Jerry Thompson stated, I know it’s got to be advertised, I know that.

Attorney Altman stated, tell me about it.

Vice President Jerry Thompson stated, well hopefully he can come anyway whether he’s official…

Dave Scott stated, yea.

Vice President Jerry Thompson stated, capacity or not at least…

Director Weaver stated, even if he can just sit in and you know get oriented that would probably help.

Attorney Altman stated, yea that would be a great help I think to him.

Director Weaver stated, yea.

Dave Scott made motion to adjourn.

The meeting adjourned.

Respectfully submitted,


David Scott, Secretary


Diann Weaver, Director
White County Area Plan Commission



Document Prepared By: __White County Area Plan, _______________________________________________


“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.”

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