Franklin County Government | Franklin County, Indiana



FRANKLIN COUNTY AREA PLAN COMMISSIONMEMMRANDUM & MINUTESCOMMISSIONERS/COUNCIL PUBLIC MEETING ROOM 203, VIA ZOOMJUNE 10, 2020 @ 7 PMTHOSE PRESENT; Mary Rodenhuis (via zoom), Glenn Bailey, Robert Braun, Ed Derickson, and Denny Brown. Also, present Cindy C. Orschell. Tammy Davis (absent), Ruthie Mannix (absent), Chris Ernstes (resigned).DIRECTOR OPENED MEETING – Ruthie Mannix – accepts the President position for the remainder of 2020. Denny Brown moved for Glenn Bailey to preside over meeting in absence of Vice-President and resignation of President, 2nd by Ed Derickson. AIF. MC. Ruthie Mannix – is able to attend via zoom, through Sara’s Duffy’s cell phone, but has lost signal. Pledge of AllegianceRoll Call MINUTES – Robert Braun – requested number on the pages of the minutes. MOTION- Robert Braun moved to approve minutes of February 12, 2020, 2nd by Denny Brown. AIF. MC.CU-1-20-21482 for Adam Fohl to permit firearm sales on Lot 11-16 in Cedar Grove Corporation located at 208 7th Street, parcel # 24-16-13-326-005.000-009. Adam Fohl was present. Adam Fohl – most firearms are purchased online he would be able to do transfers and background checks, He currently has a firearms sales permit now. Ed Derickson- questions storage? Adam Fohl – no storage of firearms, or ammo. Denny Brown – we asked (the town board) to get signatures from neighbors, they had no problems with it but requested stipulations; no rezone, no counter sales, client only, for Adam only, no partnerships, and wants the stipulation noted, and not to be transferrable. Adam Fohl – when a firearm is purchased, a background check is done, and they fill out paperwork online, and they will let him know if he can continue with the sale. MOTION – Robert Braun moved to accept the proposal with Denny Brown’s stipulations; no rezoning, no counter sales, client only, him only, non-transferrable. Adam Fohl is in agreement. Denny Brown 2nd. AIF. MC.No Unfinished BusinessComplaint Report and Building Activity Reports were presented by Director.Budget - will be forwarded onto board. Ed Derickson - questions a special meeting. Denny Brown – talks about permits and Gary’s position (inspector position) is not under the APC. Ed Derickson - what kind of assistance needed by the board for the budget. Cindy Orschell – will be working on budget and will be getting the budget to the board. If members could attend the budget hearing for assistance. Daryl Kramer- spoke about budget. Mary Rodenhuis –as much as we can support the Director in her need as office support on getting someone in the office. Maybe construct a letter individually, or construct a letter for all members sign that we can submit to council. The need an importance and somebody consistently in the office, and because every time she has to re-hire and re-train someone that’s a lot of time and efficiency out the window, if we can somebody in there to stay for full-time. And whatever assistance we can give the director will be crucial this year. Ed Derickson – talks about permit issued over past 2 years. Cindy Orschell – do some research on permits issued.Violations – Cindy Orschell reported to the board. Cregar - Spoke to Tammy Davis, and looks like she is waiting on a response from them and will be looking into setting a date, due to the COVID19 the court systems have been closed.Barngrover - a site visit, a construction trailer was located on the property and he was living in it, and added an addition to the structure. The structure he added has been removed. Tammy to send a letterDavis - Tammy Davis will be setting a date for this violation.Smith – still continuing to clean up, a long ongoing process.Harding – Tammy Davis to set a court date.Whipple – 2 letters sent, and no response. Robert Braun – questions next step. Cindy Orschell - the next step would be to decide what action you would want to take on it, sometimes Tammy Davis sends a letter. The board agreed to have Tammy Davis send a letter. Matthews – new violation. Letter was sent on 6/8/2020, and no contact.Moore – permit was issued, violation corrected.Harrison – Campers have been removed; violation corrected.Godsey and Peters - They do not want to relocated the building, or file for a variance. So, in speaking the Joe Gillespie they will be surveying a portion of the adjoining parcel to meet that setback.Cregar – home was burnt, that has been removed; violation corrected. At a previous site visit, there was some metal still on the property.Ailes – semi-trailer that he located on the property, and it was too close to the property line. He would either have to maintain the setback or he could tag it and put the wheels back on the trailer. Unsure what direction he is going, and has a few days from compliance.Myers – a site visit, and he is too close to front property line, he is at 44’ instead of 50’ and he is in the midst of filing for a variance. Ed Derickson – started building without a permit, questions the penalty of building without a permit. Cindy Orschell – yes, and it is 25% of the cost of the building permit.Moster – he has filed an eFARA application to the DNR. He is located in the Flood Plain, there are certain regulations he has to follow. And I am under the interpretation that he is too close to the property line, US 52. Denny Brown – he has started building without a permit, it’s in the floodplain and now he is too close to the property line. Cindy Orschell – you could look at this as being an agriculture use, but he’s still in the floodplain and he still has certain regulations he has to follow. Robert Braun – asks about this being too close to US 52. Cindy Orschell- it’s my interpretation that 52 would be his front setback. Ed Derickson- is this for his commercial business. Cindy Orschell– I’m not specifically sure what he is doing there, but it could be considered business if he has employees, doing retail and having people coming to the site. Town of Brookville – is working to come into compliance.Neeley – one truck that is unable to be moved, she is going to tag it and put insurance on it. And a horse trailer that will be moved. Denny Brown – asks about the vehicle being openable, or can she license it and put insurance on it? Cindy Orschell- licensed and/or un-inoperable according to the ordinance. Couple have complaints filed, but no action as of today. One of the complaints is on noise, and in speaking with Commission Attorney on this case, there is a section on noise but doesn’t have at what point is it a nuisance. Robert Braun – has been talked to the person who filed the complaint, and Robert Braun lives further away that he does. It’s his understanding it’s a small business, and continues to get bigger and questions permits, and the amount of waste that they ground up. Cindy Orschell – may need to be further investigated and has visited the area. Glenn – also has visited the area, and questioned how often is the noise? Robert Braun – feels we should speak to the person who filed the complaint, and the noise is approximately twice a year and almost runs continuously. Ed Derickson– page 22, under industrial use and there is section on noise. Cindy Orschell - But he is not zoned industrial, Ed Derickson -what is he using it for. Cindy Orschell - that is what needs to be determined. Couple more complaints filed, that still need to be investigated.Public Comment: Terry Duffy – points out Section 80.06.03, D, public hearing, and your action has to be a recommendation to the Board of Zoning Appeals. Glenn Bailey- before we adjourn, we need to make a recommendation to the BZA on Adam Fohl. Terry Duffy - a public hearing for a conditional use 80.06.03, D. Denny Brown - understanding this was considered a public hearing. Robert Braun – does it need to be advertised? Terry Duffy – approval process requires the APC to hold a public hearing, and they didn’t do that. You need to open a public hearing, and ask for public comment. Glenn Bailey– motion to open up public hearing. Robert Braun move to open up a public hearing on Adam Fohl for a conditional use, Denny 2nd. Glenn Baily– any comments or questions on the conditional use. Ed Derickson – asked about a site plan. Cindy Orschell -yes, site plan was on file, green cards, and proof of publication was in order, and. No public comment. Mary Rodenhuis – Robert Braun’s motion was to approve and not a recommendation, maybe have him restate his motion. MOTION - Robert Braun amended his motion to send a favorable recommendation to the Board of Appeals. Terry Duffy – the motion needs to include the stipulations. Denny Brown 2nd. AIF. MC. No comments. No rezoning, no transfer business, no business without appointments. Denny Brown 2nd. AIF. MC. Sara Duffy – suggested the members state their motion with this being a via zoom meeting, and do a roll call on how they are voting. Mary Rodenhuis votes in favor, via zoom. Terry Duffy – refers to Section 80.06.03, Denny Brown said that would be for the Board of Zoning Appeals. APPOINTMENT TO BZA – asks about an appointment to the BZA. Sara Duffy – Chris Ernstes served on the BZA due to his appointment through the Town of Brookville. Paula Keller, Member of BZA- Chris served on the BZA as a representative from the APC. The APC elects a member from its membership to serve on the BZA. Ed Derickson moved to appoint Denny Brown. Terry Duffy – members of the BZA have to be citizen members, and dennis as an elected official cannot serve on the BZA. Denny Brown – declined, because he will not be here next year. Paula Keller – pointed out it an annual appointment. MOTION - Mary Rodenhuis– moves to table until the entire board is present to discuss it. Motion dies of no second. Paula Keller- there’s a quorum. Robert Braun- moved to nominate Ed Derickson, Denny Brown 2nd. AIF. MC. ADJOURNMENT – MOTION – Ed Derickson moved to adjourn meeting, second by Denny Brown. AIF. MC. Meeting adjourned at 8:02 PM. _____________________________________________Ruthie Mannix, President_____________________________________________Cindy C. Orschell, Director ................
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