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APC MEETING MARCH 14, 2011

The White County Area Plan Commission met Monday, March 14, 2011, at 7:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

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

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

Visitors attending were: D. W. Bloodgood, Kevin Roberts

The meeting was called to order by President Charlie Anderson. The meeting minutes of January 10, 2011 were approved as written following a Gerald Cartmell motion and a Dave Scott second.

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President Anderson requested Director Joe Rogers inform the board of the nature of the

Meadowbrook Subdivision #2 proposed replat. In 2010 an escrow fund for the subdivision was brought to Area Plan’s attention. The APC board then chose to require Ms. Russell to complete the roads in the subdivision as previously agreed. A replat was submitted for technical review. The committee met on October 7, 2010. There were several items the tech review committee requested and Ms. Russell has reached compliance on all those items, such as: enlarging rights-of-way to 60’; reduce the length of the cul-de-sac; enlarge the right-of-way on Chalmers Road by 5’ (she enlarged by 11’); the streets meet construction standards; the easement is acceptable; Drainage Board approval has been acquired. No one was present to represent the subdivision. The board had no questions. Don Ward moved for a vote. Jim Mann seconded. Result: 8 in favor; 0 opposed; 2 abstained Director Rogers will notify the surveyor that the replat has passed and a mylar must be submitted for signatures of President Anderson and Secretary Ward prior to recording.

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President Anderson asked Director Rogers if there was any information to be given regarding the Chalmers TIF Plan Review. Joe explained he was contacted by Chalmers in regards to this matter. They were to submit to the Area Plan office their Declaratory Resolution for the APC to inspect. This has not been forthcoming so the board voted to table this request until such time that the Declaratory Resolution is available.

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APC MEETING MARCH 14, 2011 CONTINUED

The next item on the agenda was to be an Ordinance Revision Handout. Joe informed the board that the handout was not ready because Attorney Diener brought case law to Joe’s attention just that day that shed new light on the revision. The board chose to table this item until the next meeting.

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Next on the agenda was the Fultz violation. Joe told the board he contacted Sheriff Pat Shafer as the board requested at the last meeting. Sheriff Shafer spoke with Prosecutor Bob Guy and Environmental Officer John Raines and they all came to the conclusion that this issue was out of their jurisdiction and must be handled by Area Plan. Joe said he knew of three options:

1. Joe can continue to write letters to Mr. Fultz in hopes of getting his attention

2. Joe can write a letter to Mr. Fultz and invite him to the next APC meeting so the board can talk with him

3. The APC can request Attorney Diener to file suit

Attorney Diener stated he represented Mr. Fultz last year on a matter so he would have to check to see if that presented a conflict of interest as far as Mr. Diener filing suit. Possibly a different attorney would have to be retained. The board decided to pursue all three options – Joe should write a letter trying to get Mr. Fultz to comply and also invite him to the next APC meeting and Ben should check to see if he can work on the case or if a different attorney would be required.

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Director Rogers presented the board with several options for amending Chapter 8 of the Zoning Ordinance to include an outlying B-1 zoning district in the parking and landscaping requirements. Currently B-1 districts are exempt because most B-1 districts are in downtown areas. Some are in outlying areas where parking and landscaping standards should be followed. The board tabled this until next meeting so they have time to look over and consider the proposed options.

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President Anderson requested that Director Rogers give an update on Chapter 10 Signs and Chapter 14 Definitions amendments. Joe explained that his office added verbiage that is expressed elsewhere in the Ordinance pertaining to signs; one area was added to Section 10.0.1 regarding AED district exemption; the other was added to Section 10.7.2 regarding Home Occupation signs. He also stated that a meeting was called by Mike Smolek of a few board members and Joe to go over some changes to the previously proposed amendment. These changes are in bold and underlined on the proposal. Much discussion ensued regarding disposable signs and signs in the road right-of-way. Mike stated he spoke with Steve Brooke of the White County Highway Department who asked that we add that no signs are allowed to be posted on stop sign posts. Dave Rosenbarger moved to vote. Don Ward seconded. Result: Seven (7) in favor; Three (3) opposed; The amendment will be presented to the County Commissioners on March 21, 2011.

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President Anderson asked if anyone wanted to volunteer for the position on the Area Board of Zoning Appeals. Dave Rosenbarger volunteered. Gerald Cartmell moved to appoint Dave Rosenbarger, Greg Bossaer seconded; the motion passed unanimously (10-0).

APC MEETING MARCH 14, 2011 CONTINUED

As there was no further business President Anderson asked for a motion to adjourn. Jim Annis motioned, Gerald Cartmell seconded; the meeting adjourned at 7:50 pm.

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Respectfully submitted,

 

 

____________________________

Donald W. Ward, Secretary

White County Area Plan Commission

 

 

 

___________________________

Joseph W. Rogers, Exec. Director

White County Area Plan Commission

 

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

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