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The White County Board of Zoning Appeals met on Tuesday, April 8, 2008 at 7:30 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

 

Members attending were: Gerald Cartmell, David Scott, Charles Mellon, Jerry Thompson and David Stimmel. Also attending were Attorney Jerry Altman and Director Diann Weaver.

 

Visitors attending were: Joe Bumbleburg, Nina Jacoby, Linda Eckert, Linda Mosher, Fred Mosher, Connie Neininger, Alice Cox, Marvin Eisele, Mr. & Mrs. John Dyrek, Tottee Overton, Phyllis J. Onken, Virginia M. Spencer, Mrs. Joey Bozich, Charles Anliker, Ralph Hall, ??, Lori ??, James R. Wiley, Ken Kersey, ??, Bryan Rinker, Kathy Moore, Paul Dubenetzky, Charles E. Ward II, Gene Austin, Charles Ward, Fran Clark, Jim Clark, Rob Bult, Jeff Smith, Jim White, Randy W. Price, Casey Crabb, Dirk Fleck, Aleta Clark, Joe Larson, Amber L. Tomlinson, John Heimlich, Mary H. Clark, ??, Katrina Shields.

 

The meeting was called to order by President David Stimmel and roll call was taken.

 

President Stimmel stated, we tabled this request, variance #2697, I’m sorry special exception #2697 because we had just received some information from Synergy and we wanted time to review that and we agreed at that point in time that we were going to give each side another 30 minutes to present new evidence or new information or to rebut the other, just trying to keep this reasonably concise and short so I’m just going to go ahead and ask Mr. Altman to finish up and explain to everybody about the Board of Zoning Appeals please.

 

Attorney Altman swore in the Board Members and audience and went over ground rules.

 

President Stimmel stated, okay, one other quick note and that is that we do want to hear you if you have new evidence, if it’s something that your just going to repeat from the last time it really doesn’t do anybody any good to repeat that. We’ve all got that as part of the minutes from the last meeting and also we’ve all heard it I think that we’re all here, the members have all been here for both meetings so I think we’ve all heard a lot of evidence so, but if you do have something new and you want to add to what’s being, the process please raise your hand and we’ll get you up here.

 

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#2697 Anliker Family Trust; The property is located on 245.461 Acres, Part E ½ E ½ 33/34-28-4, located South of Monon, between U.S. 421 and C.R. 100 E. and between Quarry Road and 500 N. Tabled from February 21, 2008 and March 25, 2008.

 

Violation: None

Request: They are requesting a Special Exception to construct and operate mining operation (stone quarry) to supply on sight dolomitic lime plant and local economy.

 

President Stimmel stated, as I said before there will be one half hour for the opposition and a half an hour for the supporters and after both sides have been heard we’ll take the appropriate action and in, I think, I believe we had started out with the opposition. I think we’ll start with them. Joe if…

 

Attorney Bumbleburg stated, it would be more appropriate Mr. Chairman if the petitioner pleads his case first.

 

President Stimmel stated, petitioner if he has anymore, okay, that’s fine, I’ll defer to that. Mr. Bult do you have anything else you want to add?

 

Rob Bult asked, why, is it more…

 

President Stimmel asked, pardon me?

 

Rob Bult asked, why is it more appropriate?

 

President Stimmel stated, I don’t think frankly a lot of difference but you know, if there’s anything else you want to add to the…

 

Rob Bult stated, I have nothing to add t this.

 

President Stimmel stated, okay, all right.

 

Attorney Bumbleburg stated, Mr. Chairman I think there are others here.

 

President Stimmel asked, okay anybody that wants to be heard who has…

 

Attorney Bumbleburg stated, if I could I’ll reserve my dime until they finish.

 

President Stimmel stated, okay, great. Anybody else who has new information and wants to be heard?

 

Linda Eckert asked, nobody else?

 

Katrina Shields stated, oh yea I do.

 

Linda Eckert stated, you do, go ahead. I’ve been up here you go ahead and do it. I can follow you, I have no problem.

 

Katrina Shields stated, okay, my name is Katrina Shields I live at 316 North Arch in Monon and I have a young son that has asthma and I have an elderly husband. My concern is the truck traffic and the environmental issues that it would cause in reference in the lung problems and conditions in reference to young children in the area as well as elderly and I just don’t think it needs to be there. There are 2 quarries that are there now and they do, um, you know bomb once in a while or dynamite whatever they want to call it to get their stone as they do in Rensselaer but it, I just don’t think it’s a necessary thing to bring more environmental things into the area to destroy the environment as well as the ground water, because we drink that ground water that’s in the town.

 

President Stimmel stated, okay.

 

Katrina Shields stated, that’s all I have to say, I oppose it.

 

President Stimmel stated, all right, thank you very much ma’am.

 

Katrina Shields stated, thank you.

 

President Stimmel asked, anybody else? Yes sir.

 

John Dyrek stated, my names John Dyrek and I live within a 5 mile radius of this proposed site and I want to know what’s going to happen to my resale value of my home. Is the county going to lower my taxes because the resale value is definitely going to go down and I haven’t heard one thing about it in the paper or any place saying anything about this. I’ll be down stairs asking for my taxes to be cut and I want a big hefty cut. We’re paying too much taxes all ready and now we’re going to have pollution on top of this. Ain’t nobody in their right mind is going to buy someone’s house in this area, watch the dust and everything else, contamination starts getting all over the place and this is bologna, thank you.

 

President Stimmel stated, thank you. Anybody else?

 

Linda Eckert stated, I think…

 

President Stimmel stated, state your name Linda please.

 

Linda Eckert stated, I’m sorry, Linda Eckert. I’m speaking for all of my neighbors and my friends, we’ve been through a hectic 2 months folks but I think you have too so I appreciate your time and your effort on that. I think both sides have struggled tremendously with this and we appreciate your time, okay. Now having said that, okay, we the people, this country was built on that concept, we the people. There’s no other concept in this country that is dearer to our hearts. There are no other words that are associated most with our country and no other words reflect best what we are doing here tonight. We the people who are trying to have a public discussion about our community issues and this will affect every person in this room. Remember we the people, that’s what we stand for. And so we’re here tonight, we the people and we’re bound by many common goals, we all want economic development in this county. There isn’t a person in this room that doesn’t want to see growth in this county. There’s not a person in this room that doesn’t want to see jobs. We want money for our schools and our government. We want to maintain our quality of life. We want to preserve our environment. We want a healthy and safe place for our children to play and grow. And we all want to continue our shared history and it’s a history of farming and of living side by side with commerce and industry, we have never had a problem with that, we have always been able to do that. And I truly believe everybody in this room wants these goals. They want this to be our reality. These are the goals that thread us together as a community. We all are very aware of that and we all agree on that, I mean we have a common body of agreement here but what we have to remember we must remember is the development must not endanger those that it intends to help. The jobs must be safe and they have got to be healthy for our workers. The money we receive cannot have hidden costs. The quality of life must be for everybody and not just a few. The preservation of our environment must also help us preserve our survival, there has got to be a balance here and the healthy and safe environment for our children must be truly safe with no hidden risks of asthma, of getting hit by a car, getting hit by a truck. Those are hidden things for that money and our shared history and it’s very deep and very long truly must not hold us back from our future either. It’s a tight line we walk and we’re trying really hard to pull that together. The proposed lime processing plant to some in this room meets and achieves those goals. To some in this room it’s not true, I can just about split this room right down the middle. So where is the truth? Does the truth lie in the middle, does it lie on this side, does it lie on that side? I don’t think we know. I really truly don’t think we know where that truth lays. I think we need to look at positives and negatives of this project which we’ve been doing. We need to accept the answers that we have and we need to seek the answers that seem to be so darned allusive to everybody, other wise we wouldn’t be split down the middle here. The positives for this particular project are great, there’s over 7 hundred thousand dollars that can come into this county and we need it, we need it desperately. It would be money for the North White School, it’d be money for the roads, it’d be money for the services we don’t have, there might even be money for a sewer plant that I know we need to redo in Monon, desperately. There will be jobs created, possibly, new people, there will be more economic activity in the area. Our local business will see increase and revenue, that’s a good thing. And all of these are good things. The negatives though look at the negatives please. There will be a possible increase of traffic and with that increase an increase of diesel pollutants. There will be an increase in regulated legal plant emissions. IDEM will dictate how much. There will be an increase in road and quarry dust. I have lived in that area all my life, we have 2 stone quarries, we have quarry dust, you cannot tell me we will not have more. If I have it now I’m going to have more later and so is everybody else. There will be a drastic increase of greenhouse gasses. CO2, over 5 hundred thousand tons, that will put that plant 26th in the state for emission of CO2, only behind, or one ahead of actually Purdue, I’m sorry Purdue is 27th in the state. Uh, the affects of that I don’t know, there’s economic liability of the plant once cap and trait comes in somebody’s going to pay a price for that CO2 going into the environment. Is it going to be the county? Is it going to be Synergy? I don’t have an answer for that. I don’t think anybody has an answer for that. You talked about property values dropping, we talked to real estate agents, we’ve really went out and talked to real estate agents, they said the only way property values are going to increase in Monon area is if we have a shortage of housing. That’s not going to happen. You’re going to have to bring in 500 people before that happens. The likely hood of somebody buying next to or near in the same area of a lime processing plant, I was told is going to be a hard sell. They didn’t say it was impossible but they said it’s going to be a hard sell. And there may be a loss of water access. There could be an increase of silt, not from, not from the quarry but from the water flow coming out of that quarry into unprotected banks of the ditches and the creeks in that area.

 

President Stimmel asked, Linda I hate to interrupt you but isn’t this ground that you’ve already covered?

 

Linda Eckert stated, I’m going to get there, just a minute. I’m just wrapping this up okay.

 

President Stimmel stated, sure, I just was trying to expedite things.

 

Linda Eckert stated, uh, there not responding we’ve got a whole hour almost Mr. President. I think, I don’t think we can, I’m not going to argue with you and I’m not going to insult you, okay. This is important to us, you cannot rush this through. Please do not. This is terribly important to everybody in this room. I have exactly 2 thousand words, it’s going to take 6 minutes surely you can spare 6 minutes for what my fellow people are wanting me to say. Can you, sir?

 

President Stimmel stated, continue please.

 

Linda Eckert stated, thank you. Some of you on the board may say these questions have been answered, we the folks on the ground do not believe so. The answers given to date only go so far and it’s not enough, it’s not enough. Some of the answers we’ve received by nature have been absolute. Let me give you an example, we will not pollute, poppycock, IDEM is not involved in areas that do not involve pollution. There will be no dust, I’m sorry I’ve lived there, there is dust. There will be no noise and that again is balderdash. Flat land, strong winds, quiet nights, big trucks, conveyors and coal fired kilns running 24 hours a day, I’m going to hear noise. My neighbors are going to hear noise. You will feel no tremors, I won’t even go there. I’m sorry they have not been addressed properly, the questions we have. And I believe you folks have been to a plant similar to this in Missouri and that’s good, I’m glad you went. There’s something a little bit different about that plant and this. That plant is not in the middle of farmland, surrounded by people who did not make the choice to live by that plant. We simply do not want to live in an industrial park, one that is active 24/7, 365 days a year, spewing out greenhouse gasses into the environment. We would like solid evidence this evidence this operation will be compatible to our people and our land. Can you give that to us? Can you in all honesty give us that solid evidence that this is not going to hurt our lives? Choosing to live in an industrial park is a strange choice and one most people don’t choose to make. Would you? Will you? Would anybody want to live there? Anybody in the back of this room want to stand up you want to live in an industrial park? I don’t see anybody standing up here. The present time for me and my neighbors the future generations of this area there are too many unknowns, we are at ground level, we’re looking this thing straight on and it’s not a pretty sight and it’s not a good feeling. It’s a bad feeling, we have serious concerns, we have very serious concerns, we face an unknown and may be at risk of loosing our lives, or excuse me, or health, our way of life and our quality of life. I hope that the board and the public in general understand why we’re concerned about this project, everything we hold dear is wrapped up in this decision for you. If you make the wrong decision it’s we who are going to pay an enormous price. We’re going to pay it with our health, we’re going to pay it with or families and we’re going to pay it with our phones. Please do not be wrong. I hope as decision makers you will be wise and remove as many as the unknowns as possible before you make this finial decision. The areas we’ve covered have some serious consequences. Can you honestly say with any degree of certainty that you know the answers and what those consequences are going to be down the road. I can’t and the people behind me can’t. If you can’t then please reject this exception or find a way to get the answers to our concerns so you can make an informed and educated and a confident decision in this matter. We ask one of two things of you, reject this exception. We as citizens do not want to live in an industrial park. We are farmers and long time residence. We believe this project will be harmful, destructive, and totally incompatible with the people and the land. We truly believe this or the other option would be, if you decide to accept this exception, we ask you to only do a couple of things, research and investigate the consequences, in more depth, place certain conditions on the exception, new tongue, place certain conditions on acceptance of the exception. You can do that. As Mr., and ask, some of you may say leave this to IDEM and I can read everybody’s mind, IDEM will take care of this, IDEM will do this, IDEM won’t. Mr. Bumbleburg has been trying and saying all along IDEM cannot be depended on to serve the areas interests. Here’s a quote out of California, small town just like Monon going through the same thing. They left it to their IDEM, whatever California’s IDEM is, this is what came out of it, regulatory systems including the EPA, local and state zoning and environmental regulatory bodies allow peace mill development of toxic facilities. Each new facility goes though an individual permit process which does not always take into consideration the over all picture of that community. The regulatory system is not equipped to address the potentially dangerous humulitive affects of pollutions of the many sources. If you throw together all the emissions from the stationary sources and add in the mobile pollutions, you have and will create a toxic soup. Those are sobering words for me. A toxic soup to breathe and live in, I don’t want to live there, my neighbors don’t want to live there and neither do you. So if you do decide to accept this exception, we ask, please ask for and get a full environmental impact study of the lime plant and of the area within a five mile radius. Please ask for and get a cost benefit analysis of this project, the monetary, the environmental and the health costs. What are we getting for 7 hundred thousand dollars? Ask for a request, a written agreement concerning our wells. Wells developed before 1982 in Indiana do not fall into the legislation of water access. Any well built before 1982 that goes dry during this plants reign will not be under that protection. The will have to drill their own well. Wells are going at a hundred foot, it’s pretty costly. Please ask for and get a study on the future cost of the greenhouse gasses. What fees and credits and who’s going to pay what because somebody has got to pay for those emissions. It is usually at the source which would be White County or Synergy. After you’ve receive your studies and they are positive then you can make a good decision. I believe everybody in this room could live with that and I don’t think we’re asking too much. We’re simply asking for a commitment to do no harm from Synergy. This could be a win- win for everybody and I know each one of you Mr. Stimmel, Mr. Thompson, Mr. Cartmell, no, sorry, Mr. Scott, and Mr. Mellon will do the best you can and we appreciate that. Please hear our voices and act upon our concerns.

 

President Stimmel asked, any questions from the board? Okay, Mr. Rusk.

 

Steve Rusk stated, I’ Steve Rusk I live in Monon, this is the first meeting I’ve been to, I maybe out of order, maybe I don’t know. I’m not against the mill, there’s 2 questions I want to know is, there’s going to be several employees out there I know, are the employees going to be legal and are they going to be required to at least learn English. I have sat on my porch last summer for 5 hours with 10 to 15 people within hearing distance and never heard the first word of English. Thank you.

 

President Stimmel stated, thanks Steve. Any questions for Mr. Rusk? Okay. Yes ma’am?

 

Aleta Clark stated, Aleta Clark, I live in Monon. My family lives within a mile of the plant. I don’t have anything really to add just my mom and dad have lived there their whole lives, we grew there. You put this plant there, it’s in our back yard, it’s bad for us, it’s bad for our neighbors, it’s going to be bad for the town, I don’t care how you slice it. I just ask you to really think it over long and strong before you do anything because the people that live out there on that square are going to be the ones that suffer the collateral damage of it and I mean for the ones of you that think it’s so great, buy a lot off of my dad, he’ll sell you one cheap because I just, I don’t think we’ve got our questions answered so, but I appreciate your time. Thank you.

 

President Stimmel stated, thank you. Yes ma’am.

 

Mary Clark stated, I’m Mary Clark, the only thing I disagree with what you’ve said Linda is when you said we don’t want to live there, I do want to live there. I like my yard, I like my house. I have a two year old son, no one can give me answers on the side that’s for this, on the environmental impact on my child. I have my own little chunk of paradise. Like my sister just told you, I’m 4th generation, my son and my nephew are 5th generation. My grandfather died on that farm, my great grandmother died on this farm, and my brother died on that farm and then I got people that just want to come in someday and just put kilns in my yard that face my sons bedroom, my kitchen when you have a wind out of the southwest like we’ve been having how are we going to breathe and your not even putting a berm up that separates us from it because you’ve got the railroad track. Where’s the logic in that? And I just want you to know that this does affect people and I just don’t understand, go drill somewhere else where there’s not generations of people that have lived there and lost there and loved there and you’re just going to sell that all out. Go find somewhere that’s just no where, drill there, there’s plenty limestone in this state. And I don’t understand as a board of people that are elected to serve all of us and our well being how no one has yet to ever be able to give me an answer on whether it’s going to be safe for my 2 year old child to play in his back yard. And I don’t understand that and I’d love to still to this day have an answer on whether or not I can live there and my kid can play in his back yard. Until anyone gets an answer on that, for the whole town in fact you people should be voting no or you’re not doing your job as representing us as our community, our community.

 

President Stimmel stated, thanks Miss Clark.

 

Attorney Altman stated, 5 or 6 minutes.

 

President Stimmel stated, Joe they’ve run you close on time, excuse me I’m sorry.

 

Attorney Altman stated, 7 minutes.

 

Attorney Bumbleburg stated, I’ll be quick, I’ll be quick. I’m kind of intrigued Mr. Chairman. I’m Joe Bumbleburg with Ball Eggleston. I’d like to see a show of hands of everybody who came here tonight opposed to the grant of this special exception. Would you all put your hands up, show the crowd how many. These people have come, many of them have been here for several meetings and I think they would join me in saying to this board thank you for the time, I know, I’m in this business how many times a meeting like this stretches out and how many times you are, are faced with this kind of thing so for your time and for your consideration and on behalf of everybody here I thank you. My role through this whole process is not to then to attack Mr. Bult but rather to review and analyze his petition and this whole process in light of the White County Comprehensive Plan, the Zoning Ordinance and the other applicable ordinances under which you have to make your decision. Now your lawyer told you tonight that you are a quayside judicial body and he’s absolutely correct on that and what that means then is under the law you are required to make specific findings and conclusions and indeed at the last meeting Mr. Altman asked for a submission and you have that submission, we have given that to you and why is that important? Because based upon that submission you can look at what you heard and determine whether or not your ordinance has been met. And to help you do that I went through the ordinance to see and you can compare this to the matters that have been given to you. What is it your duty to find in this matter? There are 8 different clauses in your ordinance on this issue. The use shall be designed, constructed, operated, and maintained in a manner harmonious with the character of adjacent property and the surrounding area. The use shall not inappropriately change the essential character of the surrounding area. The use shall not interfere with the general enjoyment of adjacent property. The use shall represent an improvement to the use or the character of the property under consideration and the surrounding area in general yet also be in keeping with the natural environment of the site. The use shall not be hazardous to adjacent property or involve uses, activities, materials, or equipment detrimental to health, safety, and welfare of persons or property through excessive production of traffic, noise, smoke, odor, fumes, or glare. The use shall be adequately served by public facilities and services or it shall be demonstrated that the person responsible for the proposed use shall be able to continually provide adequately for the services and facilities deemed essential to the use under consideration. The use shall not place demands on public services and facilities in excess of available capacity. The use shall be consistent with the intent and purpose of this ordinance and the objectives of any currently adopted White County development plan. It is your duty to find that all of those tests are met and indeed if any single one of them is not then under the law you are required to vote no on this matter. Now, one of the protections that you might have in this is if you were to require reasonable conditions and the ordinance and the statute permit that. You may make conditions to do that. That’s what this special exception is a funny creature under the law. It’s a way to use a piece of ground for a way different then the typical zoning area and that’s why all of these protections were built into it because it’s a deviation from the norm. Those conditions, those covenants, call them what you will under the statute have to be in recordable form. That means that somebody has to sign them and in effect pledge to you under oath that they will do those things. Now why is that important, well under the law this special exception becomes effective when it’s approve, why is that important because if you approve this thing without all of those inherent safeguards in the matter there is no way for you to, if you will the paste back in the tube, it’s over at that point. You will have at that point approved and if you have done so without the conditions, the commitments, and the detailed filings you will have lost control over this matter and your ability to direct it and to police it will be gone. You can’t expect IDEM to come in and protect on all of these issues. Most of the things that I have sited to you are not part of the duty of IDEM. You have no reclamation plan here. A proper reclamation here has time lines, it has commitments on when things will happen. The best you heard was a gentleman from some trade association who came in and told you that they would over see this and in the law that’s what we call a promise to promise in the future and it is simply isn’t any good because it’s unenforceable. So you need, if nothing else in this matter to see what IDEM is going to do with this first and then you can tailor around what IDEM does what you need to protect the citizens of this county. I say to you that you need to make this petitioner go to IDEM and then come back with an appropriate petition that answers these questions. The baseline is here for you gentlemen, the heavy burden is to protect your county. Thank you.

 

President Stimmel stated, thank you Mr. Bumbleburg. Is there any more evidence from the audience? The Board have any questions? Gerald, Dave, Charlie? You ready to vote?

 

Attorney Altman stated, before we vote I would like very much to…

 

President Stimmel stated, okay.

 

Attorney Altman stated, indicate if we’re going to go to a vote that Mr. Bumbleburg is exactly right that we do need written commitment on several items that are before us this evening. I had prepared a one that was, prepared more for the Area Plan on their rezoning and it was restricting that the use be only for the use of a mining operation stone quarry just to prepare a site dolomitic plant and the local economy has requested here and that they do this within 5 years and I, and that there be no other use for it. The other thing that the special exception, if it were approved would be for this entity, the applicant and no other and that if it were sold or assigned or transferred that they would have to get the approval of the Board of Zoning Appeals at that time. Uh, I also had the input of some the members of the board that wanted to indicate and I have this as a presentation and I do believe that it needs to be submitted into writing and a condition of your vote that there will be no access off of County Road 100 East. I’ve heard a lot of information about the light and I have it down that the light for the plant would stay on the site but this would allow for safety and security uses of the applicant also and then that vehicular traffic, acceleration and deceleration lanes must be for this use must meet the standards of the Indiana Department of Transportation to insure for the safety of the traffic load of the use, that the use would conform with all the standards of appropriate applicable laws, ordinances, and regulations including IDEM, Indiana Department of Environmental Management and any other appropriate agency that it would also conform with all the appropriate and applicable drainage regulations for such a use that the construction that deconstructed in accordance with the specifications and those specifications as presented by the applicant to this board in this matter and then also that when the site ceased to be used as setup in the special exception that it be reclaimed for the plans set forth in this matter giving due regard for all new regulations and specifications for a like site at that time but in no respect that these regulations be less restrictive then as been presented here in this matter before the board and that the use always conform with the applicable county zoning ordinances. Are there any other additions that the board would like to put into the commitment as a condition upon your vote?

 

President Stimmel asked, have you shared this with Mr. Bult, this is what you’re proposing Jerry are you looking…

 

Attorney Altman stated, actually I picked it up out of the, the, I wrote most of it down this evening.

 

President Stimmel asked, right so we’re looking for a motion, is that what you’re looking for?

 

Attorney Altman stated, yes. And, and…

 

President Stimmel stated, I don’t think I could repeat what you just said, is one of the problems nor do I think anybody else could quite frankly.

 

Attorney Altman stated, and that’s why I wrote it down.

 

President Stimmel stated, okay.

 

Attorney Altman stated, and I believe that it is basically just putting some teeth in their requirements, the special exception would have some of those anyway…

 

President Stimmel stated, um hum.

 

Attorney Altman stated, because it can’t be more than or less than the special exception but some of this isn’t in there, the light as an example.

 

President Stimmel stated, okay.

 

Attorney Altman stated, and the, although he talked about vehicular traffic and he indicated, I think that’s exactly about what you testified to that you would do it in conformance with…

 

Rob Bult stated, correct, Rob Bult, Synergy Management. What he’s stated, Mr. Stimmel is acceptable.

 

President Stimmel stated, okay.

 

Rob Bult stated, I mean it is very reasonable.

 

President Stimmel stated, all right.

 

Rob Bult stated, um, one point, and I caught 8 or 9, I don’t know how you’ve got it broken down but regarding the access on County Road 100, we have no plans to use that as a permanent ingress egress but we will have a gate, a lot gate on that side that is our intention, you know in some type of special situation or emergency we would want access and I think the county would want some type of access on that road also.

 

President Stimmel stated, okay.

 

Rob Bult stated, but there would be no intention to use it on any ongoing basis.

 

President Stimmel stated, all right.

 

Attorney Altman stated, I’d have no trouble with amending what I said, no access on County Road 100 obviously for the special exception use but emergency’s, I think it’s appropriate to amend that.

 

Rob Bult stated, correct, correct.

 

Attorney Altman stated, yes.

 

Rob Bult stated, yes, so, yes everything that I’ve heard seems very reasonable.

 

President Stimmel stated, okay thanks Mr. Bult. Miss Neininger?

 

Connie Neininger stated, yes I didn’t realize you were not looking for those in favor, I didn’t know.

 

President Stimmel stated, oh, I’m sorry Connie I was just trying that everybody had a chance to speak, period.

 

Connie Neininger stated, Connie Neininger, White County Economic Development, yes, I thought you were just asking for opposition earlier but…

 

President Stimmel stated, okay, I’m sorry.

 

Connie Neininger stated, first of all I don’t want to repeat myself of some of the things I’ve said the last time but I do want to stress that the town, I know the Town Council of Monon is very interested in the development of the community and they are working hard at, uh, potential comprehensive plans and planning to help with the growth of the community and I also realize that there were several of you that did attend the or go down and visit the Minnesota plant and in that you saw residences and families living right next door to the facility and that the community has grown and also this evening I have 2 letters with me because they were unable to attend this evening from Representative Eric Gutwein and also Representative Don Lehe and again they apologize for not being able to be in attendance and I would like to read that letter to you. They ask that I read it and put it into the record. The purpose of this letter is to reflect the sentiments of myself and Representative Don Lehe and recommend that Synergy Management LLC be granted a special use permit for their proposed lime quarry in White County. I hope that in your decision making process you will be sure to consider the significant economic development benefits that will come from this proposal as I am sure you are aware the quarry would bring in excess of 70 million in capital investment into the county additionally the quarry would create 40 new jobs which would pay between 17 and 22 dollars per hour. It is my understanding that the board has contemplated this permit twice before well I can appreciate your attempts to address the concerns of all interested parties I hope that you will soon resolve these problems and cease this important opportunity. It is without reservation that I support Synergy’s efforts and strongly encourage you to approve their special use permit. I appreciate your consideration of this request and would welcome any inquiries related to this matter. Signed sincerely, Eric Gutwein, State Representative and then I have an additional letter that says similar things so I’m not going to read it from Representative Don Lehe and again he is stating without reservation that he supports the Synergy’s efforts and strongly encourage you to approve their special use permit and I do have copies of both of those letters for each of you.

 

Attorney Altman asked, and you have one for the record too please?

 

Connie Neininger stated, yes I do. Thank you.

 

Several people are talking at once.

 

Attorney Bumbleburg asked, Mr. Chairman?

 

President Stimmel stated, Mr. Bumbleburg?

 

Attorney Bumbleburg stated, I rise to voice for the purposes of this an objection. Mr. Altman made a very serious point the other night about us having our findings to you at least 5 days before this meeting and tonight I come in here and I discover that he has drafted a set of conditions and commitments that we have not seen nor have any of these other people seen and frankly that smacks a trial by ambush and I don’t think that’s becoming of this board and my thought is that those are the kinds of things that the petitioner should of put before you not your lawyer. Again another example of how this matter is getting out of hand and I think that you have a serious right to challenge the procedure at this point and I think I do too so I want this record to abundantly state that I think that the way this has happened at this point is improper and not befitting a special proceeding like this a judicial kind of function and finally let me tell you that what he read to you might be conditions of covenants but they don’t have a single thing to do unless you compare them to the findings and by the way he has our findings and I’d like to have those findings made verbatim part of this record here this evening and I’m going to just take a couple of those things that I read to you a minute to suggest how findings work the first one I read to you said the use shall be designed, constructed, operated, and maintained in a matter harmonious with the character of the adjacent properties and what a finding would say is the use is designed and constructed to be harmonious. You have to find positives to all of those, positives to everything the statute says that you must find. All of these covenants and conditions are wonderful if they get signed, recorded, and all of that kind of stuff but they don’t constitute the kind of findings that the law requires of you and I suggest to you that you are well on your way if you do it this way to creating a serious legal problem for this board.

 

President Stimmel stated, thank you Mr. Bumbleburg. Mr. Burton?

 

Commissioner Steve Burton stated, Steve Burton, White County Commissioner, um, as I’ve said before I’m in favor of this project. I think the positives of this being a good company for White County, uh balance out and are a compromise. There is a possibility, just as there was a possibility that there are negative effects, there is a possibility that this will fit into the community, be harmonious with the area. The, to address Mr. Bumbleburg’s statement is um, I lost my thought, I’ll have to go on. Um, I apologize.

 

Attorney Bumbleburg stated, we’ve all done it sir.

 

Commissioner Steve Burton asked, could you read the minutes Diann?

 

President Stimmel stated, nice try Steve.

 

Commissioner Steve Burton stated, and it’s not going to come back.

 

President Stimmel stated, that’s all right.

 

Commissioner Steve Burton stated, I’m sorry. It’s, this is something and I will make this statement publicly, it was to say do you want to live by this plant, if I had the possibility of this plant coming beside me, I would still be in favor of it. I’m that committed to this so.

 

Attorney Altman stated, pardon me we will not interrupt him.

 

President Stimmel stated, nobody interrupted you folks, honestly, honestly they didn’t. Thank you.

 

Commissioner Steve Burton stated, um, my, well I just better stop but I think this is a good thing, I think it’s going to be a positive thing to White County, thank you.

 

President Stimmel stated, yes ma’am.

 

Katrina Shields stated, Katrina Shields again, how could anyone say that it’s going to be good for the environment when there is going to be dust in the air, dust in your skin, dust in your lungs. I’m a nursing student at St. Elizabeth school of nursing for that reason, for the care of my family, for my son and my, and others in the community and you cannot say that this is good for the community because all of this is going to be in the air, in your lungs, and do you have a number of people since the 2 quarries have been there, do you know how many people have died in that area because of the other quarries? Do you have any statics on that?

 

President Stimmel asked, do you ma’am?

 

Katrina Shields stated, no I do not, not at the time.

 

President Stimmel stated, oh okay, I…

 

Katrina Shields stated, but I haven’t lived there but 4 years.

 

President Stimmel stated, okay.

 

Katrina Shields stated, but I moved there because it was an older community and we were there to remodel a house because the home was a glorious home from the 1890’s and if that comes in that’s just going to destroy the environment, destroy the home, destroy the community.

 

President Stimmel stated, okay, thank you ma’am. Anybody else have any input? Mr. Rinker.

 

Brian Rinker stated, Brian Rinker, Town of Monon. There is, I am here to represent the Monon Chamber of Commerce, been asked to come up tonight. They have strictly a petition, I’ll read this it’s very brief. Um, it says we are the other side would like to make it know to the BZA and any other interested parties that they are in favor of the possibility of Synergy Management’s lime plant being built south of Monon on US 421. After studying the issues both pros and cons, we are more than satisfied that not only the project will not be harmful to the community but that it will be an asset to our town and county. We give Synergy our full support on this project. There are 49 business owners and private citizens that have signed this and I also submit that to the record.

 

President Stimmel stated, thank you.

 

Someone from the audience stated, but there’s more than 49 people.

 

Attorney Altman stated, thank you very much.

 

President Stimmel asked, Mr. Bumbleburg I had a question for you if you don’t mind sir?

 

Attorney Bumbleburg stated, no not at all.

 

President Stimmel asked, Joe you indicated about the findings of facts that you had presented, did you want that read into the record sir?

 

Attorney Bumbleburg stated, well I, I, as long as it is verbatim set forth in the record I’ll wave the, the actual reading.

 

President Stimmel stated, okay that’s what I wanted to clarify.

 

Attorney Bumbleburg stated, unless there’s anybody in the audience who would like to hear that as an example of what I was trying to point out a minute ago about what it is you have to actually determine from the purposes of the record happen and that’s what my partner Mr. Meyer tried to draw there was something where he went carefully through the statute and everything and his notes of these previous meetings to say this is what you’ve got to find, this is what the evidence really shows and the evidence didn’t show it so you can’t find it.

 

PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW

 

  1. FACTS:

 

  1. On the 21st day of January, 2008 Rob Bult, RLB Holding, LLC, filed and Application for Special Exception on behalf of his Company, Synergy Management (“Synergy”) for authority to construct and operate a mining operation to supply an on side dolomitic lime plant on property located South of Mono, between U.S. 421 and C.R. 100 E. and between Quarry Rd. and 500 N. and owned by the Anliker Family Trust.

  2. The proposed plant will operate 24 hours, 7 days a week and is expected to employ 30-40 local persons with high school degrees or better.

  3. It will apply for 3 above ground kilns and plans to initially install 2 kilns.

  4. On the 21st day of February, 2008, the White County Board of Zoning Appeals held a hearing to consider the above Special Exception request. The Board also heard testimony from area residents and Joseph Bumbleburg, attorney for Richard Boehning, who owns property near the proposed mining site.

  5. Bumbleburg presented the Board with a series of written questions regarding the proposed Special Exception.

  6. The Board continued this matter to the 25th day of March, 2008 and requested Synergy to provide written answers to the above questions before the next hearing.

  7. Synergy did not provide its written answers to the questions before the meeting.

  8. At the hearing held on the 25th day of March, 2008 Synergy provided its written answers to the questions in Exhibit “A”.

  9. The Board voted to continue this matter to the 8th day of April, 2008 in order to further review the information submitted by Synergy.

  10. Synergy representative indicate that they plan to operate the plant for up to 70 years.

  11. Exhibit “A” refers to only a projected 20 year mine plan.

  12. Synergy does not indicate where berms containing stockpiled soil and overburden will be located.

  13. Synergy does not provide a recordable detailed plan for the construction of a rail spur.

  14. Synergy does not provide applications for, names of licensed contractors, or other details regarding AT&F and Indiana Licenses and permits for the use of explosives on site.

  15. Synergy does not define, to what extent possible, how the existing fields north of the quarry will be disturbed.

  16. Synergy does not include a ditch plan to be submitted to the White County Surveyor and Engineer that would describe in detail how storm water run off from the property will be collected, pumped and treated.

  17. Synergy does not provide a detailed topographic map of the property in a recordable form in order to develop a storm water pollution prevention plan.

  18. Synergy does not provide details of an erosion control plan during and after construction and does not provide locations of silt fencing or other erosion control measures.

  19. Synergy has not yet applied for IDEM permits under 327 Indiana Administrative Code 5 (land disturbance), 327 Indiana Administrative Code 6 (storm water), and 327 Indiana Administrative Code 12 (direct water discharge).

  20. Synergy has not applied for an air permit application for a facility in Monon, White County, Indiana.

  21. An air permit application must be filed with the Indiana Department of Environmental Management prior to operating the proposed facility.

  22. The air permit application will include information regarding anticipated emissions that will be generated from operations.

  23. Without the air permit application there is n o way to determine what contaminants Synergy will emit from its operations, the levels of emissions and the possible impact to the community.

  24. Synergy does not identify how any excess overburden will be used and placed for reclamation

  25. No hydrology study has been performed for the site.

  26. Synergy does not provide a detailed maintenance plan for the removal of sediment accumulations.

  27. Synergy has not verified with the Army Corp of Engineers if wetland surveys have been completed for the site and has not yet determined whether permits under Section 401 or 404 of the Clean Water Act or a migration plan will be required.

  28. Synergy has not conducted a field survey to locate any sites of historical interest on the property.

  29. Synergy has not provided a detailed dust control plan in recordable form to describe how they will conduct wet dust suppression road, sweeping, bag houses for process controls, and dust collection for product transfer.

  30. Synergy asserts that no odor will be detectable from the aggregate plant and lime manufacturing processes.

  31. Synergy has not obtained reclamation bonds or guarantees.

  32. Synergy states that an average of 4 trucks per hour will arrive and depart from the site, for a total of 96 trucks per day.

  33. Synergy has not conducted a traffic study to determine the impact of its trucks and personnel vehicles on local roads.

  34. Synergy does not provide a detailed recordable plan regarding the entrance, turning lanes, acceleration lane and warning signals.

  35. Synergy does not provide a detailed recordable plan regarding the type of lighting installed on the entrance road and inside the plant, the direction of the lighting, and the impact any such lighting will have on neighboring properties.

  36. Synergy does not describe the type and height of fencing to be installed on the property lines.

  37. Synergy has not performed an archeology study.

  38. Synergy advised minimal noise will be generated by the plant

  39. Synergy has provided a plan relating to the control and impact of noise pollution.

  40. Synergy advised that lime dust will not corrode car finishes, outdoor structures, crops or livestock.

 

  1. CONCLUSIONS OF LAW

 

Section 3.2 of the White County Zoning Ordinance allows a mining operation in an I2 area only if a Special Exception is granted. Section 10.2006 defines the standards for granting a Special Exception and states that Board of Zoning Appeals (“BZA”) must find that:

  1. The proposed use is one listed as a special exception for that district and

  2. The BZA insures before approving a special exception request that both:

    1. The standards of the district in which the special use is to be located are fulfilled; and,

    2. The standards or other requirements of this section are fully complied with.

Section 10.2007 provides that a copy of the application for special exception shall be accompanied by a site plan. Under the White County Zoning Code, the standards to be considered in reviewing the site plan include:

  1. The uses proposed will have a beneficial effect, and will not adversely affect public health, safety, welfare, convenience or the environment or any combination thereof, or present and potential surrounding land uses. This beneficial effect for the County shall be one which could not be achieved under any other single zoning classification

  2. The uses proposed shall be consistent with the White County Comprehensive Plan.

  3. Parking sufficient to meet the minimum required by the ordinance.

  4. Landscaping shall be provided so as to insure that proposed uses will be adequately buffered from one another and surrounding public and private property.

  5. Vehicular and pedestrian circulation, allowing safe, convenient, uncongested, and well-defined movement shall be provided.

  6. Major natural, environmental, historical and architectural features of the area shall be preserved.

White County Zoning Code 5.20.

In the case before the BZA, Synergy has failed to provide an adequate site plan to meet the standards stated above. There has been no showing that the proposed lime plant is consistent with the White County Comprehensive Plan. For example, there is no traffic study fro which to conclude whether the location of the plant is in an area where safe and convenient traffic access can be provided in consideration of its 96 trucks per day. (White County Comprehensive Plan, Industrial Development A). There are open questions about lime plant’s environmental impact since Synergy has not yet applied for necessary air quality, land disturbance, and water discharge permits from the Indiana Department of Environmental Management. Therefore, there can be no finding that the plant, which will release noise, dust, and other objectionable effects into the air, is located in an area which is properly removed and buffered from incompatible uses. (White County Comprehensive Plan, Industrial Development B). There has not been a showing that the lime plant is compatible with adjacent agricultural and residential uses and that the site plan adequately provides for green space and buffer strips between those adjacent areas. (White County Comprehensive Plan, Industrial Development E). There has not been a field study of the historical nature of the property. Therefore, there is no evidence to conclude that the plant will retain and protect significant historic properties. (White County Comprehensive Plan, Community Appearance D).

Although there is evidence that the new jobs created by the lime plant may have a beneficial impact to the community, there were also concerns raised that the new jobs will negatively impact jobs at existing mining operations. The inadequacies of the site plan stated above prevent the BZA from determining that any beneficial effect will not adversely affect public health, safety, welfare, convenience or the environment to the present and surrounding land uses.

Furthermore, the Synergy site plan does not provide information as to whether there is sufficient parking to meet the minimum required by the ordinance. It does not include details of landscape to be provided to insure that the lime plant will be adequately buffered from surrounding properties. The plan does not provide for vehicular and pedestrian circulation that allows for safe, convenient, uncongested, and well-defined movement. The plan does not demonstrate in any recordable manner how the natural, environmental, historical and architectural features of the area shall be preserved.

Additionally, Section 3.2003 of the White County Zoning Ordinance provides that before a special exception for a mining operation is approved:

A plan for land improvements approved by the Area Plan Commission, in accordance with the recommendations of the Area Plan Commission shall be required. Such plans may include a contour map of land prior to establishing the use, boundary lines or acres to be excavated, and locations of vehicular ingress and egress, and artificial lighting installations, if any; also plans for grading, seeding, and landscape improvements to be completed upon termination of the use. Buildings, structures, and equipment for screening, crushing, or washing, shall not be allowed except as specifically authorized.

The Synergy site plan includes designations of “future property boundary” which is not sufficient enough to determine the exact boundary lines of the lime plant. The plan does not include a detailed contour map or specific boundary lines of the acres to be excavated. It fails to identify the locations of artificial lighting, the direction of the lighting, and the impact it may have on neighbors. Most importantly, the plan does not include detailed plans in a recordable manner for grading, seeding, and landscape improvements to be completed upon the termination of the mining, which is estimated to be up to 70 years.

In conclusion, the BZA must rely upon detailed plans before is can grant a special exception. This is so to insure that citizens and other governmental bodies have clear, concise, and specific plans for future enforcement. Where a submitted application and site plan do not meet the requirements of the ordinance, they may not be approved. The plans and application submitted by RLB Holdings, LLC for the location of a lime plant on the Anliker Family Trust land fail to comply with the White County Zoning Ordinance. Synergy should develop their plans further and pursue all local, state, and federal environmental permits in order to sufficiently inform the Board and the community of the environmental impact of this lime plant. Accordingly, the application for Special Exception is denied.

Entered this ____day of ________, 2008

 

___________________________

David Stimmel,

Chairman, White County Board of Zoning

Appeals

Attest:

 

_________________________

Secretary, White County Board of

Zoning Appeals

 

 

President Stimmel stated, okay.

 

Attorney Bumbleburg stated, but to, just to read it through so that we hear the melodious sounds of your voice, or Jerry’s, I don’t think we need that.

 

President Stimmel stated, thank you.

 

Attorney Altman stated, we would incorporate verbatim the proposed findings of the facts and conclusions of law as presented to uh, Diann Weaver that was circulated to the board and bears the date of April the 3rd, 2008 and is 8 pages long the findings of the facts including a letter by Attorney Steven B. Meyer.

 

President Stimmel asked, do you want to put the previous items that you spoke of Jerry into the form of a motion and a way of the conditions.

 

Attorney Altman stated, yes I think that’d be appropriate.

 

President Stimmel stated, okay your going to have to line item those things for somebody because I don’t think I can make that motion. Jerry you had a question sir.

 

Jerry Thompson asked, well um, I’m a poor writer but I don’t want the point altered but yet can it be simplified and condensed a little?

 

President Stimmel stated, right, I, quite frankly…

 

Attorney Altman stated, I think the truth is it probably needs to be made a little more complex rather than condensed but as not as findings of fact, I’m not presenting that this evening, it’s only as conditions of a written commitment that, that the findings of fact of course would come later on either way the vote is here but this is just merely as a condition of a commitment that the applicant is agreeing to abide by assuming a vote is voted in favor of.

 

President Stimmel stated, yes, okay.

 

Attorney Altman stated, uh.

 

President Stimmel asked, so what are doing Jerry, are you putting this in a position or in a…

 

Attorney Altman stated, yes.

 

President Stimmel asked, form that it can be seen in a motion?

 

Attorney Altman stated, yes I am.

 

President Stimmel stated, okay, thank you.

 

Attorney Altman stated, I wanted to add, and I will try to do this I think that it can be verbatim, uh but I think it’d be very, very close to verbatim. I am A, no access for the proposed special exception use be off of County Road 100 E but the same maybe used for emergency purposes only. And B, that the light, ambient light from the plant will stay on site but that it would be allowed, that light would be allowed to use for safety and security purposes only that would go off site. C, that all vehicular traffic acceleration and deceleration lanes must meet the standards of Indiana Department of Transportation to assure for the safety of the given traffic load of the special exception use and the vehicular traffic load at the point of entrance on the state highway. C, the use conform with all standards of all applicable and, all appropriate and applicable laws and ordinances and regulations including the Indiana Department of Environmental Management and other regulating agency. D, that this special exception conform, special exception use conform with all applicable and appropriate drainage regulations and laws. E, that the special exception use be constructed in accordance with the specifications as presented by the application in it’s application and it’s presentation at the meetings on it’s application before this body. F, when this site ceases to be used as set forth in the special exception use. It will be decommissioned per the plans set forth in this matter for this site as presented by the application giving due regard for all new regulations and specifications for a like site commissioning at that time but in no respect and no way shall the terms and requirements be less restrictive than as applicant has presented before this board. G, that the use and this is somewhat repetitive shall always conform with the White County Zoning Ordinance and all terms required there in.

 

President Stimmel stated, okay. Do I hear a motion to that affect or…

 

Attorney Altman stated, and that would be incorporated along with the item number 1 to, and item number 1 basically says that there only going to use it for a, I’m not going to read it, a mining operation stone quarry to supply a site dolomitic lime plant or local economy and this is what we’d said when they rezoned it, okay.

 

President Stimmel stated, right.

 

Attorney Altman stated, and that there would be no other use and they must start it within 5 years and I’ve got this set forth on written document I’ll present to the board or for the record and that it be specific to this particular applicant any sale, assignment or transfer in any way to a new purchaser they would have to come back to the Board of Zoning Appeals and get approval of that.

 

President Stimmel stated, okay. So we’re looking for a motion then. Am I correct?

 

Attorney Altman stated, yes, please.

 

President Stimmel asked, Jerry, Gerald what do you think guys?

 

Dave Scott stated, I’ll make a motion we put that in there.

 

President Stimmel stated, okay. Do I hear a second?

 

Jerry Thompson stated, second.

 

President Stimmel stated, all in favor say aye.

 

Board Members stated, aye.

 

President Stimmel stated, okay if it’s passed that’ll be part of it.

 

Attorney Altman stated, there is a requirement that the applicant sign and record this and, and their special exception use conform to it.

 

President Stimmel stated, correct. I have one other item I want to read into the, into the minutes just because I got this letter and Diann received this letter earlier in the week I believe it was, it’s dated April the 1st, 2008, it’s from White, or it’s to the White County Zoning Appeals, PO Box 851 Monticello, reference Synergy project, Dear BZA members, White County REMC is writing in support of the Synergy project near Monon. This project will provide much needed economic growth for White County and as tax payers it is a valuable project for the Monon community that will create approximately 40 new jobs paying 17 to 22 dollars per hours with full benefits. This is such a large project that will beneficial to homeowners, farms, and businesses in 7 different counties that White County REMC serves. As energy costs continue their upward trend, companies such as White County REMC need to grown their kilowatt hour base to spread out costs. This project will be a big boost to those nearly 8,000 White County REMC members. Economic development will play a key role in helping White County continue to be a wonderful place to raise a family and earn a good wage. We must continue to work together to bring in these types of companies who will provide for their new employees and create new tax revenues. I have read about the concerns that are being raised and I believe that the Synergy Management group has done well at answering those concerns and that they will be a good neighbor. This is a wonderful opportunity for the BZA to stand-up in a positive fashion and help Synergy become a part of our county. Cooperatively yours, White County REMC, Randy W. Price, President and CEO.

 

Attorney Altman stated, thank you very much.

 

President Stimmel stated, okay.

 

Attorney Altman stated, part of the record.

 

President Stimmel asked, any other input?

 

Director Weaver stated, I might mention that Mr. Price is with, here with us this evening.

 

President Stimmel stated, okay, great.

 

Fred Mosher asked, Dave would you like for me to say something?

 

President Stimmel stated, help yourself Fred.

 

Attorney Altman stated, he’s got 4 minutes.

 

President Stimmel stated, yes.

 

Fred Mosher stated, won’t take me long.

 

President Stimmel stated, we’re taking…

 

Fred Mosher stated, I’ve been trying to get in contact, my names Fred Mosher, west of Monon and I’m concerned about the wells in the area and I been trying to get in contact with a Mark Bosh, he’s with the Department of Natural Resources division of water. I hadn’t been able to get in contact with him but I did get in contact with a Sally Ledsinger down at Indiana University and with the amount of water that the other 2 quarries are putting out and with Synergy going down 300’, you might correct me on this Dave but I believe our wells are what 225, 240’.

 

Dave Scott stated, 225’.

 

Fred Mosher stated, if they’re going down and they get into one of these aquifers something’s going to happen and it ain’t going to be good. Now I don’t know maybe that what they need to do is to dig a holding pond, figure out someway to take the water that’s coming out of these aquifers and put into the town, I don’t know but something needs to be thought of on that and I’m concerned about our wells.

 

President Stimmel stated, thank you very much Mr. Mosher. Any other input, anything from the board, Jerry? Charlie? Dave, Gerald? No, okay. Yes Charlie?

 

Charlie Mellon stated, I might, we’ve had all kinds of discussion the last 3 meetings on uh, answering the questions, there’s a question answered here tonight, asked here tonight and he hadn’t got any answer. Why would he ask the question, not get an answer. Rob had a chance to answer it but he didn’t. Is that the way you want to run it?

 

President Stimmel asked, what was the question Charlie?

 

Charlie Mellon stated, it’s is about who is he going to hire, English speaking people or not.

 

President Stimmel stated, okay. We’ll get Mr. Bult an opportunity to answer that.

 

Rob Bult stated, Rob Bult, Synergy, I’d be happy to answer that question Mr. Mellon. Yes we will hire legal citizens. We’re required to by federal law.

 

Charlie Mellon stated, well I think that was one of the questions you should of answered before anybody inquired about it.

 

President Stimmel stated, right.

 

Rob Bult stated, okay.

 

President Stimmel stated, okay, thanks Mr. Bult.

 

Charlie Mellon stated, now I said my speech the other night so I’m not repeating it. I got another old sheet here that most of the things that have been mentioned tonight and the people in Monon know what happened to a little girl here 30 some years ago. There weren’t any rules and IDEM back there then. All of them fertilizer factories, the trailer factory was all coming right out there house, chemicals, fertilizer dust, and everything was 50’ away or so. A couple of engines, train engines run all night within a block or so and the people of Monon looks to me like the older people should realize what was going on at that time and there’s to my notion, listening to the neighborhood and I’m from a rural area and I know what the dust and the been a cattle and hogs raiser for all of my life and people in Monon are just overlooking something and as far as the county, yes, they could use some money but to tell you there’s some TIF districts being formed in the county that have taken some money away from the county. There just used for the districts themselves, one’s been in operation 4 or 5 years over in the Wolcott area. They’ve got the money but they haven’t done anything with it and their promoting it again and I’m going to get on my what I said the other night so I won’t be adding anymore.

 

President Stimmel stated, okay.

 

Charlie Mellon stated, that’s all I got.

 

President Stimmel stated, thank you Charlie. Yes ma’am?

 

Phyllis Onken stated, I wasn’t sworn in.

 

Attorney Altman swore her in.

 

Phyllis Onken stated, my name is Phyllis Onken and I disagree with this coming to Monon at this time until it’s looked in further and I have never heard how many huge gravel trucks will be going through down town Monon. I understand will be as big or bigger as the Wanatah trucks and does anyone remember how they ran you off the road?

 

A member of the audience stated, amen.

 

Phyllis Onken stated, amen, they did, they were huge. Right down town is the post office and you can hardly pull out, you can hardly get out or your car and go across the street. I mean I feel for these people that live near it but I also, the traffic going right through town.

 

President Stimmel stated, thank you Mrs. Onken. Yes ma’am?

 

Katrina Shields stated, Katrina Shields again, will they have covers on their truck?

 

President Stimmel asked, Mr. Bult?

 

Katrina Shields stated, I say that because I’ve been rocked by several trucks before the city trucks, the town trucks, the state trucks and the state doesn’t want to pay for repair because a loose rock that’s on the outside, and a lot of them aren’t even covered when they’re coming through town and what not, so that’s good that they’re going to be covered.

 

President Stimmel stated, I agree, okay, thank you. Yes, ma’am.

 

Alicia Cox stated, my name is Alicia Cox, first that I’d like to say that I don’t think Synergy should be panelized for all the trucks on the road. Monon is centered between US 421, it’s a highway that’s going to be used by trucks no matter who comes in. The other thing I wanted to know is they called it, if this comes in, they called it industrial park, in my opinion bringing the 2nd quarry in across the street on the west side of 421, or east side doesn’t 2 quarries constitute an industrial park, and my other, last question is where was all this concern from these residence that live outside of town when that quarry came in?

 

President Stimmel stated, okay thanks Miss Cox. Anybody else? Yes.

 

Dirk Fleck stated, Dirk Fleck, Monon Indiana, I guess there’s 5 seats in this place I wouldn’t want to have tonight guys you got a big job and I feel bad for you as for the folks and I thought Linda did an excellent job tonight. The Clark family is deeply rooted in where they live now and I feel bad for them. If it was in my neighborhood, would I want it, I’m not quite as tough as Steve Burton, I don’t know that I could say what I would do but I think that Synergy hasn’t asked for anything from the county, there not asking for anything, tax abatements or anything done to the roads to my knowledge. I know that Monon Trailer has, what should I say, I think let us down in recent years. They’re tuck traffic used to be a lot bigger when they were in full production. There will be more traffic for the record I would like to see you guys vote this in and thank you for your time.

 

President Stimmel stated, thanks Mr. Fleck.

 

Dirk Fleck stated, I live within 6 miles of the proposed site. I think 5 miles but I’ll say 6 to be safe so.

 

President Stimmel stated, thank you Mr. Fleck.

 

Linda Eckert asked, can I, can I…

 

President Stimmel stated, sure Linda go ahead.

 

Linda Eckert stated, I’m sorry and I know you guys want to vote and I don’t blame you, you’ve had it up to hear but I’m not against the development and having stuff come to White County. Why can’t we get something positive? What is wrong with windmills, what is wrong with something that gives back to us rather than something that detracts from us? Let’s be positive when we find development and where were we 10 years ago when the other ones came in, I wasn’t home but there were a lot of people out there fighting it. Okay, there were people disagreeing with that when that came in.

 

President Stimmel stated, thank you Linda.

 

Linda Eckert stated, to answer your question.

 

President Stimmel asked, yes ma’am.

 

Frances Clark stated, stated, Frances Clark, 1020 East Monon Road and I’ll make it short. I said it before I’m against it, I’m still against it. I know just because I live there, it’s not just because I live there. I don’t think people in town realize you know the wind blows more than just a half a mile in one direction. You’re going to be breathing CO2 emissions. And the other thing people need to realize there is a different between a stone quarry and a dolomitic lime plant. Thank you.

 

President Stimmel stated, thank you. We’ve heard from everybody else but the board tonight.

 

Linda Eckert stated, that’s right.

 

President Stimmel asked, how about hearing from, any of you guys got any questions? What’s the pleasure?

 

Jerry Thompson stated, let’s just vote.

 

Attorney Altman stated, call for the question.

 

Jerry Thompson stated, I really don’t have a question I just have a comment, I don’t know but maybe it, maybe they didn’t, as hard as it sounded but I don’t feel we rushed this even though this is what our 3rd or 4th meeting.

 

President Stimmel stated, 3rd I think.

 

Jerry Thompson stated, we think about this even though we’re not sitting in the courthouse. We think about this every day and I guess for my part we’ve had, we’ve had plenty of information and appreciate everybody’s input but I don’t think we have rushed it but yet I’d like to put it to bed tonight.

 

Attorney Altman asked, does that call for a question?

 

President Stimmel asked, are you ready to vote? Gerald, anybody, anymore?

 

Board members stated, yes.

 

President Stimmel stated, I think we’re ready to vote.

 

APPLICATION 2697

 

In a four (4) affirmative, one (1) negative vote, the Board finds the following:

 

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

 

B.        That the lot was of sufficient size to comply with the applicable terms of the White County Zoning Ordinance.

 

C.        That the site plan survey provided shows the lot size, existing improvements and proposed improvements, see file for exhibit.

 

D.        That objectors were present at the meeting.

 

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

 

F.         That the request is for a Special Exception to construct and operate a mining operation (stone quarry) to supply on site dolomitic lime plant (3 below ground kilns with usual associated facilities and will initially install 2) and local economy (See application and site plan modified by evidence, testimony, exhibits entered at the hearings and Commitment) on That part of the East Half of the East Half of Section 33 and part of Section 34 all in Township 28 North, Range 4 West, 2nd Principal Meridian, Monon Township, White County, Indiana described by:

 

Commencing at a railroad spike at the Northeast Corner of said Section 34; thence South 0 Degrees 46 Minutes 15 Seconds East (S 0° 46’ 15” E) along CR 100E and the North/South Quarter Section 1797.20 feet to a railroad spike at the POINT OF BEGINNING;

 

Thence continuing South 0 Degrees 46 Minutes 15 Seconds East (S 0° 46’ 15” E) along said line 432.02 feet to a railroad spike; thence South 87 Degrees 37 Minutes 07 Seconds West ( S 87° 37’ 07” W) 545.00 feet to a ½ inch iron pipe (IP); thence South 0 Degrees 46 Minutes 15 Seconds East (S 0° 46’ 15” E) 400.00 feet to an IP on the East West Quarter Section Line; thence South 87 Degrees 37 Minutes 07 Seconds West (S 87° 37’ 07” W) along said line 3432.72 feet to a concrete corner post; thence South 0 Degrees 17 Minutes 43 Seconds East (S 0° 17’ 43” E) 108.40 feet to a railroad rail corner post; thence South 87 Degrees 15 Minutes 50 Seconds West (S 87° 15’ 50” W) 1330.20 feet to the Section Line; thence South 87 Degrees 18 Minutes 14 Seconds West (S 87° 18’ 14” W) 1244.88 feet to a corner post on the East line of the railroad right-of-way; thence North 1 Degrees 48 Minutes 00 Seconds West (N 1° 48’ 00” W) along said right-of-way 1367.33 feet to a corner post; thence North 88 Degrees 18 Minutes 18 Seconds East (N 88° 18’ 18” E) 1129.35 feet to an IP; thence South 6 Degrees 13 Minutes 37 Seconds East (S 6° 13’ 37” E) 416.58 feet to an IP; thence South 84 Degrees 09 Minutes 15 Seconds West (S 84° 09’ 15” W) 207.37 feet to an IP; thence South 19 Degrees 20 Minutes 54 Seconds East (S 19° 20’ 54” E) 243.07 feet to an IP; thence North 85 Degrees 43 Minutes 33 Seconds East (N 85° 43’ 33” E) 289.07 feet to an IP; thence North 12 Degrees 26 Minutes 45 Seconds East (N 12° 26’ 45” E) 320.02 feet to an IP; thence North 87 Degrees 07 Minutes 38 Seconds East (N 87° 07’ 38” E) 1205.94 feet to a railroad tie post; thence North 0 Degrees 17 Minutes 43 Seconds West ( N 0° 17’ 43” W) 356.89 feet to a railroad rail post; thence North 0 Degrees 34 Minutes 06 Seconds West (N 0° 34’ 06” W) 1255.41 feet to an IP on the North Section line; thence North 85 Degrees 55 Minutes 01 Seconds East (N 85° 55’ 01” E) along said line 1549.62 feet to the west line of the railroad right-of-way and the point of curvature of a non-tangent curve, concave to the northeast, having a radius of 1913.89 feet, a central angle of 7 Degrees 00 Minutes 23 Seconds (7° 00’ 23”), and a chord of 233.89 feet bearing South 53 Degrees 04 Minutes 45 Seconds East (S 53° 04’ 45” E); thence Southeast along said curve and said right-of-way 234.04; thence South 56 Degrees 34 Minutes 45 Seconds East (S 56° 34’ 45” E) along said right-of-way 2694.97 feet to the POINT OF BEGINNING; said described tract containing 245.461 Acres, more or less. (36.575 Acres out of Section 33 (32.995 Acres out of the SE/4 of the NE/4 and 3.580 Acres out of the NE/4 of the SE/4) and 208.886 Acres out of Section 34 (205.414 Acres out of the N/2 and 3.472 Acres out of the NW/4 of the SW/4))

 

COMMON DESCRIPTION:  The property is located South of Monon, between U.S. 421 and C.R. 100 E. and between Quarry Rd. and 500 N.

 

2.  That the requested Specific Exception use of applicant  modified by the evidence and testimony of applicant’s witnesses and exhibits further controlled and restricted by  Commitment terms (applicant agreed to same) meets all other criteria set forth and required by the terms of White County Zoning Ordinance generally and specifically.

 

A. The Special Exception use of Applicant as approved by the White County Board of Zoning Appeals is a

 

(1)  The special land use shall be and is designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area,

 

(2) The special land use shall not and does not inappropriately change the essential character of the surrounding area,

 

(3) The special land use shall not and does not interfere with the general enjoyment of adjacent property,

 

(4) The special land use shall and does represent an improvement to the use or character of the property under consideration and the surrounding area in general, yet also be in keeping with the natural environment of the site,

 

(5) The special land use shall not be and is not hazardous to the adjacent property, or involve uses, activities, materials or equipment which will be detrimental to the health, safety, or welfare of persons or property through the excessive production of traffic, noise, smoke, odor, fumes, or glare. The special land use shall and is be adequately served by essential public facilities and services, or it shall be demonstrated that the person responsible for the proposed special land use shall be able to continually provide adequately for the services and facilities deemed essential to the special use under consideration,

 

(6) The special land use shall not and does not place demands on public services and facilities in excess of available capacity.

 

(7) The special land use shall be and is consistent with the intent and purpose of this Ordinance, and the objectives of any currently adopted White County Development Plan.

 

3. That significant portion of the area near and adjacent to applicant’s real estate is presently used by two (2) active stone quarries and one(1) presently inactive stone quarry, and much of the balance of the real estate in is area is used and zoned A1 (the latter being a use compatible with applicant’s proposed use).

 

4. That in addition, there is near the applicant’s real estate, a major heavy industry which assembles semi trailers.

 

5. That applicant’s real estate abuts ________feet, railroad tracks that applicant intends to use in this specific exception use, as set forth in it’s evidence and application.

 

6. That the real estate also is accessed to State Road 43 along it’s West boundary of _______feet.  See commitment for further details as to applicant’s commitment to service and use to same.

 

7. That the prevailing winds go away from Monon, Indiana, and most homes near the site.

 

8. That the Applicant’s real estate has significant quantities of prime material to make lime.  This lime is a needed component of the steel industry of Indiana less than 75 miles North of same.

 

9. That several parties testified objecting to the proposal. That the real estate that they owned and used was mostly for agriculture purposes or private, single-family residences.  Others in and around Monon, Indiana, testified and presented petitions signed by Monon business people and residents (see petition) that the proposed use would be good and in the best interest of the community and it’s development.

 

  1. That White County Economic Development Director, Connie Neininger, testified that this proposal would be in the best interest of Monon, Indiana, and White County, Indiana.

 

11. That White County Board of Zoning Appeals members, David Stimmel and David Scott informed the Board and the public assembled at a meeting on this matter that they had visited a site in Ste Genevieve, Missouri and that there was a small city across the street from that site.  That the lime plant at that site and the city seemed to get along well.  Further, the Dolmitic lime plant at that site seemed to be compatible with and in the best interest of the city and it’s residents.

 

12. That Commissioner, Steve Burton, testified that this was a good use of the resources of this area and endorsed it as being in the best interest of the community and White County, Indiana.

 

13. That White County REMC presented uncontroverted statement that it would be able to service this use with electricity and that this use would help White County REMC’s efficiency and it’s service of all it’s other customers of White County, Indiana.

 

14. That the proposal would create approximately 30 to 40 skilled jobs.

 

15. That objectors, ___________________, attorney, Joseph Bumbleburg’s objection to White County Board of Zoning Appeals’ attorney, Jerry D.Altman, proposed commitment is untimely.  In fact, Mr. Bumbleburg had more than once recommended this course of action be taken by the White County Board of Zoning Appeals before approval or disapproval of the application of this matter.  This Board just accepted Mr. Bumbleburg’s and Mr. Altman’s advice when it proposed and accepted the terms of the proposed commitment.  Applicant also accepted said Commitment as ‘reasonable’ at the meeting.

 

16. That this Special Exception use, as modified, reasonably complies with the terms of White County Comprehension Plan.

 

17. That the White County Board of Zoning Appeals finds all the above findings of fact by a preponderance of the evidence.

 

Attorney Altman stated, all right, ready to announce the decision and vote on BZA #2697, petition for a special use exception, special exception, subject to the requirement that the applicant, if he, it’s successful, I’m sorry signed a recordable and record a written commitment consistent with the document that is setting here beside me and has been read into the record and the parts number A, B, C, D, E, F, and G, the announce the actually vote is there are 5 votes cast, 4 votes vote the special exception should be granted subject to those conditions, 1 vote that the special exception should not be granted. The matter was adopted.

 

****

 

President Stimmel stated, that was the only item before the board tonight, if there’s no other business we’ll entertain a motion to adjourn.

 

Gerald Cartmell made motion to adjourn.

 

Dave Scott seconded the motion.

 

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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