MINUTES

WARRICK COUNTY AREA PLAN COMMISSION

Regular meeting held in Commissioners Meeting Room,

Third Floor, Court House,

Boonville, IN

Wednesday, June 9, 2004, 6:00 P.M.

MEMBERS PRESENT: Guy Gentry, President; Robert Addington, Duane Erwin, Gary Michel, and Larry Willis.

Also present were: Sherri Phillips, Executive Director and Secretary; Leslie Shively, Attorney; Susan Weigman and Julie Hemmings, staff.

MEMBERS ABSENT: Phil Baxter and Mike Moesner.

MINUTES:

A motion was made by Larry Willis to approve the minutes of the last regular meeting of the Area Plan Commission held May 12, 2004, as circulated. The motion was seconded by Robert Addington and unanimously carried.

The President explained the Rules of Procedure to the audience.

SUBDIVISIONS FOR PRIMARY PLAT APPROVAL:

PP-04-06 – Elberfeld Industrial Park by the Town of Elberfeld, Duane Erwin, Pres. OWNERS: Town of Elberfeld, Duane Erwin, Pres. & Stoltz Structural, Inc, Linda Stoltz, Pres. 27.52 acres located on the N side of Seven Hills Rd. approximately 0’ N of the intersection formed by Seven Hills Rd. (N 750) & St. Johns Rd. (W 1100), Greer Twp. (Complete legal on file.) Advertised in the Boonville Standard April 1, 2004. Con’t from last regular meetings held April 14, 2004 & May 12, 2004.

Duane Erwin excused himself from the meeting due to a conflict of interest.

Attorney Shively stated that with Mr. Erwin leaving, that only leaves 4 voting members, which is the majority and would take all to either approve it or deny it.

Present was Andy Easley, Engineer.

The President called for a staff report.

Ms. Phillips stated all return receipts from certified mail to the adjacent property owners have been submitted. She stated the property is zoned “M-2” General Industrial and there is no required lot area in that zoning. She stated there is a 5’ setback from all lot lines. She stated this is a proposed 10 lot industrial subdivision by the Town of Elberfeld and there is no flood plain. She stated street construction plans were approved by the County Commissioners on April 14, 2004. She then stated the Drainage Board approved the drainage plans today. She stated we do have letters from the Town of Elberfeld saying they will provide water and sewer service to the subdivision. She stated there is no flood plain and the plat is in technical conformity with the Subdivision Control Ordinance.

The President asked if the applicant had anything to add to the staff report.

Mr. Easley stated he did not.

The President called for questions by the Board.

There being no questions by the Board, the President called for remonstrators.

Robert Oath stated he has a few questions. He stated he called but never really got answers. He stated how is there a building permit already issued when it has not passed through this process.

Ms. Phillips stated this property is in an approved minor subdivision, and it has gone through a minor subdivision process, and everyone was sent a notice of the minor subdivision at that time, including Mr. Oath. She stated now they want to create additional lots and build a road, so it is now going to be a major subdivision.

Mr. Oath stated the notice was sent to an address that has never existed for him and he does not know where they would have gotten it. He stated how that address got on a plot card he didn’t know and he didn’t receive the first one. He stated the building permit was issued in February but they were moving dirt before the first of the year, last fall. He stated nobody knew what was going on over there. He stated last fall he was told by the President of the Town Board of Elberfeld that there would be nothing built beyond the preexisting building. He stated the lot they are proposing to build on is now running next to his lot line. He stated there is an entrance right down next to his property line. He stated there are kids in the area and there is going to be a steel fabrication works right next to him. He stated know one can guarantee it is going to be fenced or anything. He stated he was told only Stoltz was wanting 5 acres and they are asking to have 27.5 acres. He stated the description is not correct on the blue prints, but that is probably a minor flaw.

The President asked where the mistake in the legal description is.

Mr. Oath stated on the fourth call it says you go East, which is across the road, it should be South.

Ms. Phillips stated is says it is going South 00ْ 10’ 41” East, 391’, that is South.

Mr. Oath stated mine says East. He then stated one other concern is, before any one who is now on the Town Board even lived in the area, there were water wells drilled by the Town of Elberfeld on this property. He stated there were 7 wells drilled, 3 were used. He stated to make them useable they had to blast the bottoms out of them with dynamite. He stated Mr. Krueger drilled those wells and he is deceased now. He stated he told them what was going to happen when he did that because he had drilled enough wells around these parts and he knew there were mine works under there. He stated they tried using that water for several years but it was worse than French Lick’s water. He stated finally after it ate everyone’s plumbing they decided to give up on it. He stated Mr. Krueger told them there would be a gas problem when they opened those works up. He stated they pulled the wells when they decided they were not going to need them anymore and they just dug down enough, so the farmers won’t have to worry about hitting anything with a plow. He stated he knows methane seeps up and out in the middle of a corn field’s, there should not be much of a problem, but when ever you have a steel fabrication shop sitting over it and he knows there are two wells they just threw a metal plate over and he certainly would not want to light a torch up in that area. He stated somebody didn’t do a lot of good studying when ever they decided to build a building over some well casings. He stated that is his concern and he knows they want to get this going because they want to sell a few more lots, but he found out this week that his property values have gone down over $40,000. He stated it is all hind sight.

There being no other remonstrators, the President asked if Mr. Easley would like to comment on any of Mr. Oaths concerns.

Mr. Easley stated he thinks all of the subdivisions done for the Town of Elberfeld have followed regulations and procedures on notifications. He stated as far as the well, they went to salt water years ago and had nothing to do with the design or selection; however he will make note of that and will advise for some methane tests. He stated maybe the wells could have a rubber plug put on the well if the well is still there, if not they could recover it and fill it with concrete. He stated it is a serious thing and the drain is going to be cleaned and straighten. He stated the subdivision is in technical conformity and the industries there are going to be good neighbors and it just so happens there is going to be a small plant there that will handle steel.

Robert Addington asked how many wells were there.

Mr. Oath stated there were seven.

Mr. Easley stated these are old water wells and that is not serious.

Mr. Oath stated it is when you get down in the old coal mine works.

Mr. Easley stated there may be a small amount of methane around hog farms too.

Guy Gentry asked where there was another entrance to the North, because the only entrance he sees is off of Waterworks Rd.

Ms. Phillips stated what he is talking about is Stoltz got a commercial driveway for a construction entrance. She stated after Waterworks Road is built they will get a commercial drive off of Waterworks Road.

Mr. Willis asked if it was a temporary drive.

Ms. Phillips stated it could be permanent, but it was her understanding they wanted to come off of Waterworks Road, they never intended to come of the County Road, but until they build the road there is no other place.

Mr. Gentry asked if there were plans for a barrier.

Mr. Easley stated unless they are going to fence it, he does not know of any screening that they are planning.

Ms. Phillips stated they already have their building permit. She stated the drainage plans were approved according to the agreement to clean out the ditch. She stated right now it is not a legal drain so the County has no rights to fix it or clean it and there is a ditch that runs into Blue Grass Creek that needs some repairs. She stated in about 3 weeks it will become a legal drain.

Mr. Addington asked where this comes into Blue Grass Creek.

Ms. Phillips stated it is about 2 miles down.

Mr. Easley stated the small creek is an unnamed tributary to Blue Grass Creek.

Ms. Phillips stated as far as notification the regulations are to use the property cards in the Auditor’s Office and that is what is used for legal addressing. She stated if Mr. Oaths address is not right in there then he needs to correct it.

Attorney Shively stated the issue on this particular matter is whether this certain plat meets with the Subdivision Control Ordinance. He stated the land use decision has already been made. He stated the proposed plat is the only thing the Board should be considering; they should not be dealing with zoning, land use or things of that nature.

Mr. Gentry stated the Board can place conditions on a plat.

Attorney Shively stated that is correct.

Gary Michel asked if the dark area on the surrounding area map is the area we are talking about.

Mr. Easley stated that was correct. He then showed the Board which lot the building was being constructed on and the location of the proposed driveway off of the proposed street.

Mr. Michel stated so Waterworks Road is new.

Mr. Easley stated that was correct they want to build it this summer.

Ms. Phillips stated that is why they are trying to plat this subdivision.

Mr. Michel asked how many lots were in the Minor Subdivision.

Ms. Phillips stated there were three and now they are dividing up the property further.

Mr. Easley stated he has been working with Elberfeld for several years on the master plan and it has changed a little based on the number of acres. He stated Stoltz is signing this plat and owns 4.65 acres. He stated if we could have got this done soon enough Stoltz would not have taken title until it had been recorded.

Mr. Michel asked if Lot 7 would be accessing off of Waterworks Road.

Mr. Easley stated yes.

Ascertaining there were no other questions from the Board, the President called for a motion.

Larry Willis made a motion to find PP-04-06 Elberfeld Industrial Park in technical conformity with the Subdivision Control Ordinance and to approve it. The motion was seconded by Guy Gentry and unanimously carried.

Duane Erwin returned to the meeting.

REZONING PETITIONS:

PC-R-04-12 – Petition of Herbert P. Grimm and Robert E. Grimm to rezone 19.81 acres located on the W side of Grimm Rd. approximately 850’ N of the intersection formed by Grimm Rd. (W 1000) & Lincoln Ave. (S 450)., Ohio Twp. from “A” Agriculture to “R-1A” Single Family Dwelling. (Complete legal on file.) Advertised in the Boonville Standard May 27, 2004. Request to withdraw.

Robert Addington made a motion to withdraw PC-R-04-12 per the applicant’s request. The motion was seconded by Larry Willis and unanimously carried.

PC-R-04-13 – Petition of Herbert P. Grimm and Robert E. Grimm to rezone 38.44 acres located on the W side of Grimm Rd. approximately 0’ SW of the intersection formed by Grimm Rd. (W 1000) & S.R. 66, Ohio Twp. from “A” Agriculture to “C-4” General Commercial. (Complete legal on file.) Advertised in the Boonville Standard May 27, 2004.

Present were Herbert Grimm, Robert Grimm, and Bill Nicholson, Engineer.

The President called for a staff report.

Ms. Phillips stated all return receipts from certified mail to the adjacent property owners have been submitted, except from Janet Zehr; however we do have the white pay stub from the certified mailing. She stated this is a petition to rezone 38.44 acres from “A” Agriculture to “C-4” General Commercial. She stated the Comprehensive Plan shows the area to be Commercial and Agriculture. She then stated the property is existing farm ground. She stated the surrounding property to the North is zoned “C-4” General Commercial and “A” Agriculture and vacant, to the South is zoned “A” Agriculture and vacant, to the East is zoned “C-4” General Commercial and vacant, and to the West is “A” Agriculture and “C-4” General Commercial with residences on them. She stated there is no flood plain and access is from Grimm Rd and SR 66. She stated the stated use is Commercial and the application is in order. She then explained where all the property is located on a large aerial photo printout.

The President asked if the applicant had anything further to add to the staff report.

Mr. Grimm stated no, but there is “C-4” to the North, East, and West. He stated he does not have any definite plans; they just want to establish the zoning on it.

Mr. Nicholson stated there is an existing frontage road that comes off of Epworth Road that enters at the Northwest corner of this property.

The President called for questions by Board.

Mr. Gentry asked if the frontage road is going to remain after the SR 66 construction is complete.

Mr. Nicholson stated yes.

The President called for remonstrators.

Scott Jenkins stated his property is at the end of the frontage road. He stated he owns all the way between two pieces of State property. He stated Mr. Grimm had put a road across his property going from State property over his property and over State property to access Mr. Grimm’s property. He stated the flag pole like piece of property comes within 2 feet of the States property. He stated he just started a little lawn mowing equipment business. He stated there is so much equipment beside his house, torn up dirt, he wakes up on Saturdays and Sundays to the sound of a bulldozer that has been running in the field behind his house. He stated he cannot even see the end of Mr. Grimm’s property, but he can hear it. He stated he does not know what is going on but he is here to object to 38 acres being zoned “C-4”. He stated his property is not even a half acre and the property across the street that is zoned commercial is not even an acre. He stated the other piece that is zoned commercial is next to a subdivision. He stated he moved there because he had no neighbors, he does not like neighbors, and the property value will go down because of this.

There being no other remonstrators, the President asked if the applicant would like to address any of Mr. Jenkins concerns.

Mr. Grimm stated Blankenberger Bros, Inc. has taken some dirt off the back for Deaconess, about 20,000 yards. He stated the little dog leg out there at one time was a right of way back to Mr. Jenkins house, as far as a deed for that; he would just have to see it.

Ms. Phillip stated according to the rezoning filed by Mr. Jenkins it does.

Mr. Grimm stated according to the State he doesn’t.

Mr. Gentry asked if currently Mr. Grimm is selling dirt to Blankenberger for Deaconess and the matter of crossing of Mr. Jenkins right of way is a civil issue.

Mr. Grimm stated that was correct.

Mr. Jenkins stated he said something to the guy doing the hauling and they have stopped hauling across his property.

Mr. Gentry stated that will still be a private civil issue and this Board will not get involved in it.

Mr. Addington asked what Mr. Grimm was planning for the “C-4” General Commercial.

Mr. Grimm stated they have no plans at this point; they just want to establish the zoning.

Mr. Addington stated then they could put any of the listed uses there.

Ms. Phillips stated they could only get one permit there unless they subdivide the property. She then asked if there was anything on the property now.

Mr. Grimm stated there was a house and barns.

Ms. Phillips stated then they will not be able to get any permits until it is subdivided, there is already a use on the property. She stated the property to the East was just rezoned to “C-4”.

Mr. Addington asked what the uses were going to be there.

Ms. Phillips stated there were no plans across the front by SR 66, but the back was going to be used for a synagogue.

There being no other questions by the Board, the President called for a motion.

Larry Willis made a motion to recommend approval to the County Commissioners of PC-R-04-13 from “A” Agriculture to “C-4” General Commercial zoning district. The motion was seconded by Duane Erwin, with Larry Willis and Duane Erwin voting for and Guy Gentry, Robert Addington, and Gary Michel voting against.

The President stated there being no other motions, PC-R-04-13 will go to the July 14^th County Commissioners meeting with no recommendation.

PC-R-04-14 – Petition of Herbert P. Grimm and Robert E. Grimm to rezone 8.79 acres located on the N side of Willow Pond Rd. approximately 936’ E of the intersection formed by Grimm Rd. (W 1000) & Willow Pond Rd. (S 500), Ohio Twp. from “A” Agriculture to “R-1A” Single Family Dwelling. (Complete legal on file.) Advertised in the Boonville Standard May 27, 2004.

Present were Herbert Grimm, Robert Grimm, and Bill Nicholson, Engineer.

The President called for a staff report.

Ms. Phillips stated all return receipts from certified mail to the adjacent property owners have been submitted, except from Timothy Gesselman and David Ellerbush & Mary Joe Bischuff, however we do have the white pay stub from the certified mailing. She stated this petition is to rezone 8.79 acres from “A” Agriculture to “R-1A” Single Family Dwelling. She stated the Comprehensive Plan shows this area to be moderate to high density residential. She stated the existing land use is farm ground with the surrounding property to the North, South, East, and West being zoned “A” Agriculture and vacant. She stated there is no flood plain and the property does access off of Willow Pond Rd. She stated the stated use is a residential subdivision. She stated all the remaining zonings are in this area with the same property owners. She stated they had to file separate petitions, because they are on separate deeds, but the petitions are all to rezone to “R-1A” Single Family Dwelling.

Attorney Shively stated the Board could choose to hear them all at the same time; however each petition would have to be voted on separately, but that is up to the Board on what they would like to do.

Mr. Willis asked if the 4^th parcel was across the street and if it was still contiguous, but could they hear it at the same time as the rest.

Ms. Phillips stated she thinks they could hear all four.

Mr. Willis made a motion to listen to all four petitions at the same time, but vote on them individually.

The motion was seconded by Guy Gentry and unanimously carried.

PC-R-04-15 – Petition of Herbert P. Grimm to rezone 7.93 acres located on the E side of Grimm Rd. approximately 0’ NE of the intersection formed by Grimm Rd. (W 1000) & Willow Pond Rd. (S 500), Ohio Twp. from “A” Agriculture to “R-1A” Single Family Dwelling. (Complete legal on file.) Advertised in the Boonville Standard May 27, 2004.

PC-R-04-16 – Petition of Herbert P. Grimm to rezone 12.745 acres located on the E side of Grimm Rd. approximately 526.37’ N of the intersection formed by Grimm Rd. (W 1000) & Willow Pond Rd. (S 500), Ohio Twp. from “A” Agriculture to “R-1A” Single Family Dwelling. (Complete legal on file.) Advertised in the Boonville Standard May 27, 2004.

PC-R-04-17 – Petition of Herbert P. Grimm to rezone 2 acres located on the W side of Grimm Rd. approximately 0’ SW of the intersection formed by Grimm Rd. (W 1000) & Lockwood Lane, Ohio Twp. from “A” Agriculture to “R-1A” Single Family Dwelling. (Complete legal on file.) Advertised in the Boonville Standard May 27, 2004.

Present were Herbert Grimm, Robert Grimm, and Bill Nicholson, Engineer.

She stated the surrounding property is “A” Agriculture and there are subdivisions almost adjacent to the properties. She stated all the applications are all in order.

Mr. Michel asked how far down the property was from Elerbusch Rd.

Mr. Gentry stated 1630’.

Considerable discussion was held on which piece of property was which petition.

Mr. Nicholson stated the property to the Southwest is Kenosha Hills subdivision. He stated that subdivision was developed by the Grimms and there is only 6 or 7 lots left in that subdivision. He stated the homes proposed are going to be that or a little more.

Mr. Grimm stated more upscale, close to $300,000 to $350,000.

Mr. Addington stated the home ranges will be around $300,000.

Mr. Grimm stated that was correct.

Mr. Addington asked how many lots he was planning.

Mr. Grimm stated about 83.

Mr. Nicholson stated 75’ by 125’ average size lot.

Mr. Grimm stated there probably will not be a 75’ lot they will probably be 80’ to 100’ lots.

Mr. Willis asked if this was going to all be one subdivision or would it be separate ones.

Mr. Grimm stated they will all be tied together.

Mr. Gentry asked what the piece across the street was going to be.

Mr. Grimm stated it may have part of the same name, but will be different.

Mr. Willis asked if the School Board had long range plans with all the subdivisions in this area.

Mr. Gentry stated they own 20 acres South of Willow Pond Road for future development just past Ellerbush. He stated his problem will be getting out on Frame Road, we will have to work with the County, and it is one of the most dangerous intersections in the County, especially for a school bus. He stated turning on to Frame Road if you turn to the South, you can get rear ended and you can’t see to turn North. He stated for the last 5 years, it has been in the 5 year plan. He stated he has not seen the long range plan for this year, but it keeps getting moved back. He stated it has been the policy to move students to save the tax payers money on building a new school. He does have a little bit of concern about were the entrances are going to be, but he wants Mr. Grimm to be aware of the traffic situation and that he is going to be looking at that when the plat comes in.

Mr. Grimm stated he thinks they are going to have to come out in the valley, there is no way to bring it out at the top of Grimm Road, and it could be a problem.

Mr. Michel asked if Mr. Grimm was planning on 2 entrances.

Mr. Grimm stated probably.

Mr. Michel asked if Mr. Grimm was going to stub a road out to the East.

Mr. Grimm stated he was.

Ms. Phillips stated since the property fronts on Grimm Road and Willow Pond Road, and the subdivision will be over 50 lots, they will have to have two entrances.

Mr. Addington asked if the lots are bigger than the required 75’ it would be less than 83 lots, so would there be 50.

Mr. Nicholson stated yes, it will.

There being no further questions by the Board, the President called for a motion on PC-R-04-14.

Duane Erwin made a motion to recommend approval to the County Commissioners of PC-R-04-14 from “A” Agriculture to “R-1a” Single Family Dwelling zoning district and subject to all return receipts being submitted. The motion was seconded by Larry Willis and unanimously carried.

The President called for a motion on PC-R-04-15.

Larry Willis made a motion to recommend approval to the County Commissioners of PC-R-04-15 from “A” Agriculture to “R-1A” Single Family Dwelling zoning district subject to all return receipts being submitted. The motion was seconded by Gary Michel and unanimously carried.

The President called for a motion on PC-R-04-16.

Larry Willis made a motion to recommend approval to the County Commissioners of PC-R-04-16 from “A” Agriculture to “R-1A” Single Family Dwelling zoning district subject to all return receipts being submitted. The motion was seconded by Duane Erwin and unanimously carried.

The President called for a motion on PC-R-04-17.

Larry Willis made a motion to recommend approval to the County Commissioners of PC-R-04-17 from “A” Agriculture to “R-1A” Single Family Dwelling zoning district subject to all return receipts being submitted. The motion was seconded by Duane Erwin and unanimously carried.

OTHER BUSINESS:

Payment of Claim – Comprehensive Zoning Ordinance update - BLA – $3,272.50

Ms. Phillips stated this is for Bernardin, Lochmuller, and Associate, and Shively and Associates have done on the Comprehensive Zoning Ordinance.

Attorney Shively stated this really concludes the work on the Zoning Ordinance, except for the public hearings.

Guy Gentry made a motion to pay the claim. The motion was seconded by Larry Willis and unanimously carried.

* * * * * * * * * *

Request for Extension of Plat - Warrick Research and Industrial Center No. 7 approved November 13, 2002. Requesting additional two year extension.

Ms. Phillips stated when someone files a primary plat you have 2 years to file a final plat and 5 years to complete the entire development. She stated Kenny Ubelhor is making the request.

Attorney Shively stated the end of this year there is going to be a new Subdivision Control Ordinance. He stated if a primary plat is not recorded in the time period allowed it is “puff” gone just like that, like it never existed and the developer has to start over again. He stated when they start over again; they have to use the Subdivision Ordinance that is in place at the time of filing the new primary.

Ms. Phillips stated right now it is two years and she is hoping it gets changed back to 1 year. She stated a request for two more additional years is just too long.

Attorney Shively stated it is up to the Board as for policy, but then you will have a subdivision out there for two years after you have adopted a new Subdivision Control Ordinance. He stated there will be significant changes in standards in the new one.

Mr. Gentry asked if they have the authority to ask for two years.

Ms. Phillips stated you can ask for an extension.

Mr. Gentry asked if there was a max time limit they can ask for and is if for residential and/or industrial.

Ms. Phillips stated they have two year and his time would not be up until November 13, 2004.

Mr. Willis stated then he thinks Mr. Ubelhor needs to be present and explain why he needs the extension.

Mr. Willis made a motion to table the extension for Warrick Research and Industrial Center No 7 approved November 13, 2002, until the July meeting. The motion was seconded by Duane Erwin and unanimously carried.

* * * * * * * * * *

Formal Complaint: Paul & Barbara Cannon – 7477 Folsomville Road – Alleged Salvage Yard. Granted to June 1^st on February 11, 2004

Present was Paul Cannon.

The President called for a staff report.

Ms. Phillips stated a formal complaint was filed on this piece of property on March 12, 2003, stating there were automobiles, freezers, and refrigerators on the property. She stated the office received another complaint on October 10, 2003, regarding the condition of the property stating that some of the cars were hauled away and that some of the larger pieces of junk were moved but that the property is still an eyesore. She stated on December 5, 2003, Sheila and her went to the property and photos indicate little to no improvement and Mr. Cannon failed to appear at the December 10, 2003. She then stated Attorney Shively sent Mr. Cannon a letter on January 8, 2004, informing him to be present at this meeting. She stated an inspection was done on February 9, 2004 and the photos indicate that many of the items have been moved to further back on the property. She stated at the February 11, 2004 meeting the Commission granted Mr. Cannon until June 1, 2004 to clean the property up. She stated on June 8, 2004, Susan and her did an inspection and found the property still is in violation; however there has been some improvements made. She stated we went on Mr. Cannon’s property and on the Neighbor’s property and there was only one junk truck found on the property and there appeared to be nothing on the back of the property. She stated the only items left are in front of the garage, but that is all. She stated it appears all of it back in the woods has been cleaned up; he just has a few items in the front.

Mr. Cannon stated he is sorry he has not gotten done, but he has had some property damage with trees coming down for the last couple weeks.

Ms. Phillips stated with what is left, Mr. Cannon could get that cleaned up in one day.

Mr. Cannon stated he is trying to fix that one building so he can put his motor in it.

Mr. Willis asked if he could get it cleaned up by the next meeting.

Mr. Cannon stated he could.

Robert Addington made a motion to grant Mr. Cannon a 30 day extension. The motion was seconded by Larry Willis seconded the motion and unanimously carried.

Formal Complaint: Edward Broshears, Sr., 2489 Bullocktown Road, Alleged Salvage Yard. Granted to June 1^st on February 11, 2004

Formal Complaint: Edward Broshears, Jr., 2611 Bullocktown Road, Alleged Salvage Yard. Granted to June 1^st on February 11, 2004

Present were Edward Broshears, Sr. and Edward Broshears, Jr.

The President called for a staff report.

Ms. Phillips stated a formal complaint was filed on both pieces of property on January 12, 2004, alleging the owners were operating a junk/salvage yard. She stated on January 21, 2004, the property was inspected and found to be in violation. She stated at the February 11, 2004 meeting, the Plan Commission gave these gentlemen until June 1, 2004, to clean up the property. She stated on June 8, 2004, we did an inspection and found the property still is in violation; however there has been some improvements made. She stated a lot has been cleaned up and if the Board will recall, there was a lot to clean up.

Mr. Gentry stated we knew it would not be cleaned up by June 1, but hoped a lot would be cleaned up. He then asked how much longer they think it will take.

Mr. Broshears stated the big white truck sitting out front, they lost the motor in that and have been trying to get a motor in it. He stated he would like to see at least 3 more months. He has cows he has to take care of and he has to cut some hay. He stated there are two loads waiting to be hauled off. He stated he is going to put an electric fence around and let the cows clean up the yard.

Mr. Willis asked when the meeting would be in September.

Ms. Phillips stated September 8^th.

Mr. Willis made a motion to give both of the gentlemen until September 8^th to get the property cleaned up and give them time to fix the truck and cut their hay. The motion was seconded by Robert Addington and unanimously carried.

* * * * * * * * * *

Formal Complaint: Marvin Leroy Bruce & Jeanie Bruce, 1544 S. Pelzer Road. Alleged junk/salvage yard in a “CON” Recreation and Conservancy zoning district. Granted 120 days on January 8, 2003. Granted additional sixty days May 13, 2003. Granted another sixty days July 9, 2003 and again on October 15, 2003. Granted to June meeting on December 10, 2003.

Present was Jeanie Bruce.

The President called for a staff report.

Ms. Phillips stated another formal complaint was filed on this of property on February 17, 2004, alleging that there is a pile of trash between the trailer and the old barn that is a fire hazard and can be seen from anyone passing on the road. She stated at the December 10, 2003, meeting the Board gave Mr. & Mrs. Bruce an additional six months in which to accomplish cleaning up the property. She further stated that on June 8, 2004, Susan and her did an inspection and found the property has been cleaned up a lot. She then stated there are still two vans sitting on the property, but the trash has been picked up. She stated everything has been cleaned up that can be seen from the road.

Mrs. Bruce stated the big van is licensed and the only thing the minivan needs is a power steering pump.

Mr. Willis stated she has come a long way.

Guy Gentry stated he would like to make a motion to remove this from the agenda and she is no longer in violation. He stated he is really astounded and hopes she maintains it in the condition it is currently in.

Mrs. Bruce stated she still has work to do, but she wants to up a privacy fence to keep the babies from going out to the road.

The motion was seconded by Larry Willis and unanimously carried.

ATTORNEY BUSINESS: None

EXECUTIVE DIRECTOR BUSINESS:

Budget

Ms. Phillips stated she would send a copy to the Board Members, but normally we turn in a 10% raise, and then the council gives us what they can. She stated there is nothing special she is asking for. She stated if anyone has any questions before July 5^th, just call her.

* * * * * * * * * *

Ms. Phillips stated she did ask for an additional from the Council for a transcriber. She stated the one we have now is broke and is 13 years old. She stated there is only one type of transcriber you can use with this recording device and they cost $1095.00.

Mr. Addington asked who purchased the recording equipment.

Ms. Phillips stated it was probably the Auditor’s Office or the Commissioners. She stated but you have to buy it from VanAusdall & Farrar.

Being no other business, the meeting adjourned at 7:20 p.m.

Guy Gentry, President

ATTEST:

Sherri Phillips, Executive Director

and Secretary