Commissioners Hear Proposal To Relocate Part Of Lilly Road
July 28, 2016 at 4:25 p.m.
No decision was made on the Eli Lilly Road relocation and vacation proposal before the Kosciusko County Commissioners Tuesday.
Instead, the commissioners heard public comments about the issue and tabled the matter until their Oct. 8 meeting.
Tabling a decision, commissioners' attorney Mike Miner said, will give ample time for concerned citizens who were unaware of Tuesday's hearing or could not make the meeting to send their comments and opinions to the county on the vacation/relocation. On Oct. 8, the commissioners will discuss the issue among themselves in the public forum but will not take additional comments, and a decision is expected then. The Oct. 8 meeting is a public meeting.
The matter also was tabled, Miner told the more than 100 people present, to make sure all the published notices get in the appropriate publications.
As part of the project, a portion of Eli Lilly Road, from the Tobias residence to Bishop Road, would be vacated and rebuilt north toward the former Wawasee Golf Course. A multi-use path would be built alongside the road. Petitioning for the vacation and relocation is Peter Nicholas, a member of the Eli Lilly family.
Matt Sandy, representing the Kosciusko County Area Plan Commission, told the commissioners the vacation/relocation was scrutinized and the plan commission notified the adjacent property owners, the emergency services and the schools. The Syracuse Fire Department and EMS said there would be some negative effects and they wanted to look at the fire plan for the area.
The plan commission had some concerns, including how the parcels were going to be tied to the road, but overall, if the conditions were met, the plan commission was in favor of the vacation.
Also recommending the vacation/relocation, with conditions, is Kosciusko County Highway Superintendent and Engineer Rob Ladson. Upon a thorough review of the proposed project, Ladson said in a prepared statement, he "fully supports the proposal and strongly recommends that the Kosciusko County Board of Commissioners accept the offer."
His recommendation of the proposal is based upon, but not necessarily limited to: the entire project be privately funded; the entire project be designed and stamped by a registered professional engineer; portions of the existing road being paved have an on-site drainage check and all drainage tiles and pipes under the road be replaced or repaired prior to repaving; all landscaping in and around the rights of way be completed and maintained by the developer; private utility easements and private utility agreements be established between the developer and the utility companies; the median be removed; the pavement meets the new Indiana Department of Transportation requirements; all regulatory signs and road marker signs be replaced; and until the project is completed to Ladson's satisfaction, the existing right of way will not be vacated nor the existing pavement be removed.
"I believe that the proposal is in the best interests of the majority of the taxpayers," said Ladson.
The hearing on the vacation/relocation was presided over by Miner in an attempt to keep the meeting orderly and efficient. One representative for the petitioner was allowed to speak for 10 minutes and then individuals in favor of the proposal were allowed a maximum of three minutes each. A representative for those against the petition was given 10 minutes to speak with individuals against the petition allowed three minutes each.
Attorney Steve Snyder spoke for the petitioners. The idea for the relocation of the road began a couple of years ago, he said, and through public discussion, debate and meetings, the final plan was before the commissioners Tuesday. Not everyone was against the petition, he said, and there were four adjacent property owners who were most affected by the relocation - the Eli Lilly family, the Tobias family, the Wawasee Spink condominiums and the Miller family.
The golf course to the north will be eliminated and reforested and the Byrd residence also is planned for elimination. The plan will eliminate 24 curb cuts onto the road. With the relocation, only an additional 140 feet will be added to the travel distance and a hill and curb will be eliminated, Snyder said. Surface water runoff will be directed to a proper location and the project's engineers will work with Ladson to meet his requirements.
The question, Snyder said, is what's in the best interest of the county. With the relocation, the road will be safer, he said, and the drainage improved. The road will meet county standards, there will be extra amenities including a path, eyesores will disappear and the area will be more environmentally friendly.
The only legal basis for objection to the vacation, he said, was inconvenience, and those most inconvenienced will be the Spink residences. Snyder then read a letter from the Spink Condo Owners Association that said 24 of the approximate 32 condo owners were in favor of the new road revision. The owners' association did ask that the land for the entry to the condos be deeded over to the county or Spink condos, the mailbox be kept at the same spot, the school bus stop not change, there be a four-way stop at the intersection of Eli Lilly and Bishop roads and that the road be completed before the existing road removed.
Individuals speaking in favor of the relocation said they were in favor of it because it may increase property values in the area, the road will be safer and better and the area's beauty will be enhanced.
Mike Hixenbaugh, Syracuse Parks and Recreation superintendent, said he was there to stress the benefits of the multi-use trail that is part of the project. He said bikers and walkers will have a safe place for recreation and the trail is too important of a gift to ignore.
"In my opinion," said Jim Brumbaugh, Ogden Point Road, "this is probably the best example of a win-win-win situation."
"I think this is a real win for Wawasee," said R.L. Morgan.
Speaking for the opposition to the vacation/relocation was attorney Dick Green.
He said the discussion of the relocation came up every year after many of the area's residents had left for the winter. Concerned people had to drive many miles to attend the meetings, if they knew about them at all.
Green said the vacation request is governed by statutory law and the commissioners need to stick to looking at that when they make their decision, not which relocation plan is the best. And, according to a previous court case, non-adjacent property owners have the right to address their interests in the matter if they may be affected by the relocation.
Besides representing several people against the project, Green said, he is also personally against it. The new road is "unreasonable" and will cause him and his wife inconvenience.
He said before the Nicholas' request to make changes in the road, no one else was in favor of the change. The only reason for the project was for the Nicholas family's privacy and safety.
Individuals speaking against the project said they oppose it because it would cause deprecation of their properties' value, only the Nicholas family would gain from it, the enhanced greenery would increase the area's deer population and thus create a safety hazard, wildlife habitat will be destroyed and the relocation will be an inconvenience. [[In-content Ad]]
No decision was made on the Eli Lilly Road relocation and vacation proposal before the Kosciusko County Commissioners Tuesday.
Instead, the commissioners heard public comments about the issue and tabled the matter until their Oct. 8 meeting.
Tabling a decision, commissioners' attorney Mike Miner said, will give ample time for concerned citizens who were unaware of Tuesday's hearing or could not make the meeting to send their comments and opinions to the county on the vacation/relocation. On Oct. 8, the commissioners will discuss the issue among themselves in the public forum but will not take additional comments, and a decision is expected then. The Oct. 8 meeting is a public meeting.
The matter also was tabled, Miner told the more than 100 people present, to make sure all the published notices get in the appropriate publications.
As part of the project, a portion of Eli Lilly Road, from the Tobias residence to Bishop Road, would be vacated and rebuilt north toward the former Wawasee Golf Course. A multi-use path would be built alongside the road. Petitioning for the vacation and relocation is Peter Nicholas, a member of the Eli Lilly family.
Matt Sandy, representing the Kosciusko County Area Plan Commission, told the commissioners the vacation/relocation was scrutinized and the plan commission notified the adjacent property owners, the emergency services and the schools. The Syracuse Fire Department and EMS said there would be some negative effects and they wanted to look at the fire plan for the area.
The plan commission had some concerns, including how the parcels were going to be tied to the road, but overall, if the conditions were met, the plan commission was in favor of the vacation.
Also recommending the vacation/relocation, with conditions, is Kosciusko County Highway Superintendent and Engineer Rob Ladson. Upon a thorough review of the proposed project, Ladson said in a prepared statement, he "fully supports the proposal and strongly recommends that the Kosciusko County Board of Commissioners accept the offer."
His recommendation of the proposal is based upon, but not necessarily limited to: the entire project be privately funded; the entire project be designed and stamped by a registered professional engineer; portions of the existing road being paved have an on-site drainage check and all drainage tiles and pipes under the road be replaced or repaired prior to repaving; all landscaping in and around the rights of way be completed and maintained by the developer; private utility easements and private utility agreements be established between the developer and the utility companies; the median be removed; the pavement meets the new Indiana Department of Transportation requirements; all regulatory signs and road marker signs be replaced; and until the project is completed to Ladson's satisfaction, the existing right of way will not be vacated nor the existing pavement be removed.
"I believe that the proposal is in the best interests of the majority of the taxpayers," said Ladson.
The hearing on the vacation/relocation was presided over by Miner in an attempt to keep the meeting orderly and efficient. One representative for the petitioner was allowed to speak for 10 minutes and then individuals in favor of the proposal were allowed a maximum of three minutes each. A representative for those against the petition was given 10 minutes to speak with individuals against the petition allowed three minutes each.
Attorney Steve Snyder spoke for the petitioners. The idea for the relocation of the road began a couple of years ago, he said, and through public discussion, debate and meetings, the final plan was before the commissioners Tuesday. Not everyone was against the petition, he said, and there were four adjacent property owners who were most affected by the relocation - the Eli Lilly family, the Tobias family, the Wawasee Spink condominiums and the Miller family.
The golf course to the north will be eliminated and reforested and the Byrd residence also is planned for elimination. The plan will eliminate 24 curb cuts onto the road. With the relocation, only an additional 140 feet will be added to the travel distance and a hill and curb will be eliminated, Snyder said. Surface water runoff will be directed to a proper location and the project's engineers will work with Ladson to meet his requirements.
The question, Snyder said, is what's in the best interest of the county. With the relocation, the road will be safer, he said, and the drainage improved. The road will meet county standards, there will be extra amenities including a path, eyesores will disappear and the area will be more environmentally friendly.
The only legal basis for objection to the vacation, he said, was inconvenience, and those most inconvenienced will be the Spink residences. Snyder then read a letter from the Spink Condo Owners Association that said 24 of the approximate 32 condo owners were in favor of the new road revision. The owners' association did ask that the land for the entry to the condos be deeded over to the county or Spink condos, the mailbox be kept at the same spot, the school bus stop not change, there be a four-way stop at the intersection of Eli Lilly and Bishop roads and that the road be completed before the existing road removed.
Individuals speaking in favor of the relocation said they were in favor of it because it may increase property values in the area, the road will be safer and better and the area's beauty will be enhanced.
Mike Hixenbaugh, Syracuse Parks and Recreation superintendent, said he was there to stress the benefits of the multi-use trail that is part of the project. He said bikers and walkers will have a safe place for recreation and the trail is too important of a gift to ignore.
"In my opinion," said Jim Brumbaugh, Ogden Point Road, "this is probably the best example of a win-win-win situation."
"I think this is a real win for Wawasee," said R.L. Morgan.
Speaking for the opposition to the vacation/relocation was attorney Dick Green.
He said the discussion of the relocation came up every year after many of the area's residents had left for the winter. Concerned people had to drive many miles to attend the meetings, if they knew about them at all.
Green said the vacation request is governed by statutory law and the commissioners need to stick to looking at that when they make their decision, not which relocation plan is the best. And, according to a previous court case, non-adjacent property owners have the right to address their interests in the matter if they may be affected by the relocation.
Besides representing several people against the project, Green said, he is also personally against it. The new road is "unreasonable" and will cause him and his wife inconvenience.
He said before the Nicholas' request to make changes in the road, no one else was in favor of the change. The only reason for the project was for the Nicholas family's privacy and safety.
Individuals speaking against the project said they oppose it because it would cause deprecation of their properties' value, only the Nicholas family would gain from it, the enhanced greenery would increase the area's deer population and thus create a safety hazard, wildlife habitat will be destroyed and the relocation will be an inconvenience. [[In-content Ad]]