FRANKLIN COUNTY AREA PLAN COMMISSION
MEMORANDUM & MINUTES
January 13, 2016
COMMISSIONERS/ COUNCIL PUBLIC MEETING ROOM 203
Those Present: Area Plan Commission members: Rick McMillin, Ed Derickson, Curtis Ward, Joe Gillespie, Anna Morrow (Absent-represented by Jeff Batchler), Robert Braun (appointed to replace Haroline Ison), and Deborah Neanover (Absent) . Also present were Tammy Davis and Cindy Orschell.
Mr. McMillin opened the meeting with the pledge of allegiance.
WELCOME- Mr. McMillin welcomed Deborah Neanover to the board.
ELECTION OF OFFICERS- MOTION- Mr. Gillespie moved to nominate Mr. McMillin as President, Mr. Ward 2nd. MOTION- Mr. Derickson moved to close nominations for President, Mr. Ward 2nd. AIF. MOTION -Mr. Batchler moved to nominate Mr. Ward as Vice-President, Mr. Gillesipe 2nd. MOTION- Mr. Derickson moved to close nominations for Vice-President, Mr. Gillespie 2nd. AIF.
RESIGNATION- Mr. McMillin presented Haroline Ison’s resignation to the board, Mr. Braun will be replacing Mrs. Ison.
MEETING DATES FOR 2016 - The meetings dates are the 2nd Wednesday of the month and are as follows: January 13, February 10, March 9, April 13, May 11, June 8, July 13, August 10, September 14, October 12, November 9, and December 14. The month of July was discussed as to whether to keep on the 2nd Wednesday, due to Mr. Gillespie being unable to attend, but the following Wednesday is 4-H Fair Week. MOTION - Mr. Ward moved to keep the dates as presented, Mr. Braun 2nd. AIF. The meeting for 2017 will be the 2nd Wednesday in January.
MINUTES OF DECEMBER 9, 2015- Mr. Derickson moved to approve the minutes, Mr. Bacthler 2nd. AIF.
APPOINTMENTS FOR DIRECTOR AND COMMISSION ATTORNEY- Letters were presented from Mrs. Tammy Davis and Ms. Cindy Orschell for re-appointments. MOTION - Mr. Gillespie moved to re-appoint Mrs. Davis as Commission Attorney, Mr. Ward 2nd. AIF. MOTION- Mr. Gillespie moved to re-appoint Ms. Orschell as Executive Director, Mr. Batchler 2nd. AIF.
UNKEPT/UNSAFE ORDINANCE - County Commissioners Tom Wilson and Eric Roberts were present. This is discussion on the proposed ordinance, not a hearing. Mr. Roberts stated the ordinance would reflect Ripley County’s with the exception of page 2 from Dearborn County’s Ordinance passed in 2014. He recommended Mrs. Davis research the proposed ordinance. Mr. McMillin questioned the Commissioners why they feel there should be a new unsafe/unkept ordinance. Mr. Roberts feels the current Unsafe Ordinance doesn’t have authority or a lot of direction, and all of the enforcement authority is under the Building Inspector in the Dearborn and Ripley County Ordinance, with this proposed ordinance the enforcement authority is through the Prosecuting Attorney. Mr. Wilson points out that in one section of the ordinance it is under the Prosecuting Attorney. The administration would be through the Director. Mr. Wilson and Mr. Roberts would like to see the existing three member board stay in place ; the APC President, the health officer, and the executive director and/ or the building inspector. Mr. Wilson said on unkept properties we can’t get anybody to do anything, and he wants to have a written complaint then the complaint investigated. Fines to be a one-time fine; it’s not about the money. Mr. McMillin asked why they feel it needs to be part of the zoning code, and why not a standalone ordinance. Mr. Wilson feels it should be a standalone ordinance, and questioned establishment of the Unsafe Building Fund, he said Ripley County put it in the APC budget. Mr. Kramer, County Council member was present, and Mr. McMillin questioned how this would be set up. Mr. Kramer feels it should be simple to set up as a new fund. This fund will continue to stay in the budget; it cannot roll back into the county general at the end of the year, as per the IC, Mr. Wilson pointed out. Mr. Derickson questions if the $1000.00 will be sufficient, Mr. Wilson feels it will be. Mr. McMillin requested to have Mrs. Davis research the $1,000.00 as being the maximum under Indiana Code, and for the Commissioners to get a draft together on what the Commissioners want the ordinance to say and present it to the board.
KENT REINEKING, MEMBER OF BROOKVILLE LAKE WATER QUALITY GROUP – Mr. Reineking addressed the board concerning confined feeding operations. A farm was sold in Fairfield Township and its zoned Recreational and Secondary Agriculture. The rumor is that the new owner was going to put in a Confined Feed Operation; the concern is that they are known to create a lot of manure and it has a lot of byproduct in it and that byproduct is nutrients found in fertilizer such as nitrogen and phosphorus. The group is concerned about this being in the Brookville Lake Watershed area. They are asking to amend the ordinance to remove RE, I-1, and I-2 in districts permitted. The group has three (3) goals; protection to the lake and lake watershed, feels the proposed amendment will serve to support the local economy and the proposal is in line with the Comprehensive Plan and the strategic economic development plan. A CAFO byproduct is manure and urine, millions of gallons being stored on site for 6 months or recommended up to a year by the IDEM- with concentrations of phosphorus and nitrogen; nutrient building blocks of blue green algae, flowing into the watershed. They are proposing a 40 acre minimum and more setbacks – one being 3 miles from 775 feet maximum flood elevation surrounding the lake and setbacks between the CAFO's because of disease issues under Section 80.06.04. Also not addressed in the ordinance is the Satellite Manure Storage Structure (SMSS) and Medium Satellite Manure Storage Structure (MSMSS), they have included these in the proposed amendment. He mentioned Grand Lake St. Mary's in Ohio that lake was polluted with nutrients, it had a terrible toxic algae bloom for years and it almost killed the lake. They had to investigate as to what caused it, and nutrient runoff was the cause. The regulations have been changed and he feels they are bringing it to Indiana. The group feels blue green algae is a major concern, it’s in all lakes and streams worldwide, it's fed by nutrients like phosphorus and nitrogen; and it can be harmful in high concentrations or if conditions occur to make it become toxic. He contacted Cyndi Wagner, Chef, Targeted Monitoring Section, Water Assessment Branch of the IDEM, stated "it is likely that Brookville Lake and others have always had population cyanobacteria." According to Dennis Lassiter at the IDEM CAFO-CFO permit section, "our lakes, including Brookville Lake, are settling basins. If settlements from farm or other source runoff become more nutrient rich as time progresses, there will be more blue algae produced." There are currently 13 permitted operations in Franklin County, and they are all located in the A-2 and A-1 Districts. Mr. Reineking feels the best way to clean up Brookville is to protect it and to keep it clean, its an asset. There are businesses that are dependent upon the lake, all the employees of the businesses, bait shops, canoe rentals, etc. The group feels it's important to preserve the clean water of the Brookville Lake and the RE watershed district. (The group's proposal is attached in the minutes book) Mr. McMillin questioned why the 40 acres as the recommended lot size, Mr. Reineking believes he was informed you could put 4,400 swine on 5 acres according the IDEM requirements. Mr. McMillin questions Mr. Greg Kunkel.
Greg Kunkel - There are also other requirements that go along with the acreage requirement and what all is involved in getting a permit from IDEM . If there is a spill he has notify the IDEM within 24 hours, he has to provide soil tests every 3 years, and its all regulated by IDEM. . Why the 3 mile setback? Mr. Reineking said we want to get the CAFO and CFO out of the watershed area. Mr. Kunkel stated algae is caused by the commercial fertilizers.
Scott Kruzman - Certified Comp Advisor and a Professional Livestock Consultant, he knows the Indiana rules on CAFO, and CFO's. The St. Mary's Lake in Ohio is surrounded largely by Ag cropland and a lot of fertilizer makes it's way to the watershed. The liquid fertilizer is required to be worked into the ground, He feels the manure is not the problem. The commercial fertilizer and liquid manure was not being governed correctly in Ohio. Indiana has a different set of rules, regarding the animal feeding facilities, manure application and manure is not going to be the cause of the blue green algae in Brookville Lake. If you restrict the facilities from being in RE and the reason being is you want to support traditional farming, no commercial. Traditional farming includes using manure as fertilizer , if its in RE are you going tell them they can't use manure. Mr. Reineking said that has not be said. There is also a spill response plan, if there is a spill. Mr. Derickson questioned the minimum of 3 miles 775 feet maximum flood elevation surrounding the Lake, feels the good agriculture is probably further away than 3 miles. Mr. McMillin feels the question is whether or not it should be allowed in RE district. Mr. Kruzeman said the site has to be suitable for CFO and CAFO's, and the state has a very specific guidelines they have to follow.
Kim Simonson - is part of the group, and in 1975 the lake opened and the in 1974 the Brookville Lake Regional Waste District was created by the state, and he feels that was tocontrol the waste that was going to run into the lake and to protect the watershed of Brookville Lake. There are 17 endangered and rare species of plats, animals and fish in Franklin County. He feels its a problem surrounding the lake and that's why this setback is important.
Mr. Mc Millin stated this is just an introductory session, our position is to take this, discuss and recommend it to the commissioners and have a hearing.
John Hancher- Doesn't know about the 3 mile setback, but why can't we keep the CFO, and CAFO, in the Ag 1 and Ag 2.
Mr. Gillespie questioned Mr. Kunkel if they should be allowed in a recreational district? Mr. Kunkel feels this will take away from farm ground, your going devalue that farm when you take away their right to do agriculture. That would only be CAFO's and CFO's. Mr. Reineking questions where do we go from here. Mr. Gillespie there has to be something proposed to the board, a hearing, once there's a hearing, we make a recommendation to the commissioners, then the town boards. A group or a citizen could propose an amendment, if this is your plan and what you want to do, then propose a hearing. There was discussion on a meeting to discuss the amendment, Mr. McMillin recommended at the next month's meeting to discuss what was presented to the board. Mr. Bacthler recommends to meet at 6:00. The board agreed on 6:30 PM. Mr. Batchler moved to start the meeting at 6:30 PM, Mr. Derickson 2nd. AIF. Mr. Braun abstained.
YEARLY REPORT- Ms. Orschell will email the report to the board.
STIPPS HILL ROAD VIOLATION - Ms. Orschell presented the board with a property on Stipps Hill Road, notice has been sent- two (2) thirty (30) days notice. There is a mobile home that is within the 50 front setback, cars and campers. Mr. McMillin refers to page 126, on the complaint procedure. The violator tried to contact the office, and Ms. Orschell returned his call, but she has had no direct contact with him. The board recommended to have the Commission Attorney send him a letter.
PROPOSED AMNEDMENT - Mr. Kramer presented the board with a proposed amendment permitting a fire house under a conditional use. Mr. Derickson also mentioned to advertise for a public hearing on swimming pools. The board will discuss that at another time.
ADJOURNMENT- Mr. Gillespie moved to adjourn the meeting, Mr. Braun 2nd. Meeting adjourned at 8:40 PM.