Saturday, April 13, 2013
Email from Mayor Mark Kruzan and Link to HT article
As you know, City Legal has been researching Board of Zoning Appeals history, local ordinance provisions, state statute, and state case law in reference to the proposed transfer station. The City also reached out to independent legal counsel to review our work and to gain additional expertise on the issue.
Our determination is that the proposed transfer station, based on all we now know about it, would not be allowable.
I've attached two documents for you. First is my letter to IDEM for the case file. Second is the legal memorandum written by City Legal and reviewed by the Indianapolis law firm. Both of these documents have been submitted to IDEM.
TWO IMPORTANT NOTES:
1. We discovered, just yesterday, that John Hale is no longer overseeing this case for IDEM. Cara Kitchen is now the permit manager for the area including Monroe County and is the contact for the Vernal Pike Transfer Station application.
2. IDEM has granted a request from the petitioner to allow 60 more days for submission of materials for the application, so the new deadline in June 1.
We are continuing and will continue to have conversations with IDEM staff about the proposal.
Please let me know if you have any questions or thoughts.
Link to HT article ( http://www.heraldtimesonline.com/stories/2013/04/11/news.city-using-zoning-issue-to-challenge-trash-transfer-plan.sto ).