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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on July 1, 2013. The meeting was held at the White County Building, Commissioners’ Conference room, beginning at 8:00 a.m.

Commissioners present were: President John C. Heimlich, Vice President Steve Burton and Commissioner David Diener. Also present was the White County Auditor, Gayle Rogers; White County Attorney, George Loy; and the Commissioners’ Secretary, Donya Tirpak.

MINUTES

  • Commissioner Diener made a motion to approve the minutes from the regular meeting held on June 17, 2013, seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

  • Commissioner Burton made a motion to approve the payroll as presented, seconded by Commissioner Diener. Vote: Unanimous

CLAIMS

  • Commissioner Diener made a motion to approve and pay the claims as presented, seconded by Commissioner Burton. Vote: Unanimous

EMERGENCY MANAGEMENT

EMA Director, Dean Mullens, submitted a proposed ordinance on June 3, 2013, which establishes the County Emergency Management Department. Mr. Mullens requested the commissioners to approve the proposed ordinance.

County Attorney Loy said that the proposed ordinance is from a template that is preferred by the State Emergency Management & Homeland Security Department. The ordinance does reconfigure the committee, but it will not specifically change the make-up of the current board.

  • Commissioner Burton made a motion to approve Ordinance No. 13-07-01-01, which establishes the Emergency Management Department (EMA) according to the guidelines of the Department of Homeland Security as presented on the second reading, seconded by Commissioner Diener. Vote: Unanimous

ORDINANCE NO 13-07-01-01

ORDINANCE ESTABLISHING THE WHITE COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT AND OTHER RELATED MATTERS CONCERNING THE EXERCISE OF EMERGENCY POWERS

WHEREAS, I.C. 10-14-3 provides powers and procedures necessary for preparation for, response to and recovery from disaster or emergency conditions in the State of Indiana, requiring White County to establish a Department of Emergency Management and County Emergency Management Advisory Council;

NOW, THEREFORE, BE IT HEREBY ORDAINED by the White County Board of Commissioners that the White County Department of Emergency Management is hereby established pursuant to attached Exhibit “A,” Sections 1 through 4, which are attached hereto, made a part hereof and incorporated herein by reference containing the substantive provisions of this Ordinance and is incorporated into the White County Code of Ordinances.

All ordinances or parts of ordinances in conflict with provisions of this Ordinance are hereby repealed.

This ordinance is intended to fully comply with I.C. 10-14-3, Indiana’s Emergency Management Law. Should any Section, Paragraph, cause or phrase of this Ordinance be declared unconstitutional or invalid due to a failure to adhere to the state statutes, the remainder of said Ordinance shall continue in full force and effect.

 

HIGHWAY DEPARTMENT

BJ Propes, Highway Superintendent, reported that they have started on the C.R. 900 N. project and the Girtz project is completed.

AUDITOR

Gayle Rogers, Auditor, presented an addendum to the tax sale contract changing the rates for the 2013 regular tax sale. The rates will be going up from $70/parcel to $75/parcel and then back down for 2014.

Attorney Loy said that he talked with Glen Luedtke, Client Services Director for SRI, and he had indicated that with the number of tax sales, there is more work involved with mortgages and searches.

  • Commissioner Diener made a motion to approve the addendum to the tax sale contract with SRI changing the rates from $70/parcel to $75/parcel, seconded by Commissioner Burton. Vote: Unanimous

Auditor Rogers also presented the proposed salaries for the 2014 Budget.

AREA PLAN

Area Plan Director, Joe Rogers, presented Rezoning Petition #1008 requesting to rezone 7 acres, from a 75.484 acre tract, from an A-1 (General Agriculture) to an A-2 (Agricultural Industry). The property owners are Smith-Erickson Farms, Inc., and the property is located at 4257 E. 1000 S., Brookston.

The APC did recommend this rezoning petition to the commissioners with a vote of 7 yes, 2 no and 1 abstention. The petition was approved with conditions.

This hearing is a continuation from the last meeting held on June 17, 2013.

Commissioner Heimlich asked if the petitioner would like to be heard.

Joe Bumbleburg, Attorney representing Smith-Erickson, pointed out that the use that is being proposed by the Smith-Erickson petition is consistent with the comprehensive plan, consistent with the land use plan, it places an agriculture use within an agriculture area, it’s a good site, a responsible development, it’s limited in scale, it’s aimed at growth in the Erickson’s home community and they’re going out of their way to accommodate the neighbor’s concerns. They will be voluntarily monitoring and testing the soils more than what IDEM requires and they have already received their IDEM permit.

Mr. Bumbleburg asked the commissioners to allow the zoning ordinance to do its work, noting that the old ordinance would’ve let this petition happen, as a matter of right, and request that the commissioners approve the petition.

Mr. Erickson, Applicant, said that they are a family farm operation and he is the fourth generation, his son will be the fifth and they hope for there to be a sixth. He said that as the family gets bigger there is a need for expansion. He requested the commissioners to rezone the property from an A-1 to an A-2.

Jason Ramsland, Attorney at Ball Eggleston, addressed additional comments before the commissioners. He pointed out that IDEM is completely satisfied with their permit. The Erickson’s have been spreading manure over this site for the past 8 years and they haven’t had an issue with it. For the past 15 years they have invited kids/students to come and tour their farm. He asked the commissioners for their long time support for an entrepreneur farming family seeking to grow their business in White County and to approve the rezoning from an A-1 to an A-2.

Mike Veenhuizen, President of Livestock Engineering Solutions, Inc., wanted to help the commissioners understand the scope of having 3.5 million gallons of manure from a 9000 hog operation will not affect the community. He discussed the well developed and very scientific base model buildings (hog buildings) that will be built and provide an annoyance free condition.

Jim Holeman, 4295 E. - 900 S., said that Mr. Erickson has been a great neighbor for the past 15 years. He feels that instead of opposing hog farm operations the people need to be educated about the practices. He feels that this site would be appropriate and requested that the petition be approved.

Greg Slipher, Livestock Development Specialist for Farm Bureau, requested the commissioners to accept the recommendation from the APC and approve the rezoning.

A representative of the Indiana Pork Producers Association said that they support responsible growth in the State of Indiana and they request the commissioners to approve the rezoning request according with the zoning ordinance.

Joseph Bartlett, longtime board member of Camp Tecumseh, discussed how IDEM doesn’t have anything to do with monitoring or managing air quality; they’re strictly concerned with water quality. He gave a short presentation on hog confined feeding operations and how the air and water pollution will affect Camp Tecumseh. He asked the commissioners to protect the quality of Camp Tecumseh and not to grant the request of the rezoning petition.

Scott Brosman, CEO of Camp Tecumseh, discussed the history and the growth of the camp since 1924. He said that camps across the country are having problems staying open because the concerns with encroachment from the outside world. He stressed that the proposed rezoning will drastically change their current border to the west of Camp Tecumseh. He respectfully urged the commissioners to vote against this location for this CAFO. Mr. Brosman also presented a signed petition to deny the rezoning.

Allen Herber, Agricultural and Biological Engineering Dept. at Purdue University, gave a power point presentation on, “what is odor and what can characterize odor.” He also discussed the scientific facts on the wind exposure from the hog operation to the camp.

Paul Krause asked the commissioners which is best for Indiana, another 10,000 hog farm or the security and continued success of a 90-year old camp that provides experiences and enjoyment for 35,000 people a year. Mr. Krause is against the rezoning petition.

Mrs. Krause spoke on why she is against the CAFO. She felt that the petition was not consistent with the zoning plan. She considers it “spot zoning.” She discussed out how CAFO’s can cause a burden to counties and also decrease surrounding home values.

Katie Bien, Camp Tecumseh Board of Directors, displayed maps showing the amount of support that they’ve received nationwide from people who also do not support the CAFO.

John Neumann, Delphi, said that he is not for or against the rezoning but felt that the taxpayers and the owners of the CAFO need to understand the realities of what they’re going to face. He said measured mathematical information is available and not being used for the ramifications of what’s being proposed. He would like to see the commissioners put this data together to make an accurate decision.

A 2000 acre grain farmer from Blackford County explained that he is fighting a CAFO that is 1000 feet from his home. He discussed how bad the smell is in the surrounding area.

Tyler Mylem, camp resident, and his little sister spoke to support Camp Tecumseh and asked the commissioners not to allow the rezone.

Julia O’Farrell, Tippecanoe County resident, spoke against the CAFO and asked the commissioners to vote no.

Joe Rogers, Director of Area Plan, explained how the voting process works for the Area Plan Commission. He said that the board members do consider every criteria that is required by the state when making their vote on a rezoning recommendation. He also explained the definitions of spot zoning.

Commissioner Heimlich announced that the public hearing is closed at this time.

  • Commissioner Diener made a motion to approve the recommendation from the APC for Rezoning Petition #1008 for the Smith-Erickson Farms, Inc., from an A-1 to an A-2, seconded by Commissioner Burton. Vote: Unanimous

Commissioner Heimlich offered one amendment to the conditions and commitments that go along with the Rezoning Petition #1008. The conditions and commitments do include the buffer and rows of trees but he would like to add that the injection of the manure is not spread on top of the ground that buffers the hog plant and Camp Tecumseh.

  • Commissioner Diener made a motion to amend the motion to include in the conditions and commitments that the injection of the manure is not spread on top of the ground that buffers the hog plant and Camp Tecumseh, seconded by Commissioner Burton. Vote: Unanimous

HIGHWAY DEPARTMENT

White County Highway Superintendent BJ Propes said that he went through and inspected all of the bids that were submitted for the front-end loader and highway truck. He made the recommendation to reject all of the bids that were submitted for the new truck. He said that he would like to include more specifications to his bid proposal and re-advertise for the truck.

For the front-end loader, Superintendent Propes asked the commissioners to deny the bid submitted from B&W Equipment Co., because they did not submit a non-collusion affidavit, which makes their proposal incomplete. He made the recommendation to accept the lowest bid from RPM Machinery, out of Lafayette for $122,800.

  • Commissioner Burton made a motion to approve the bid from RPM Machinery from Lafayette for $122,800, to purchase a front-end loader, seconded by Commissioner Diener. Vote: Unanimous

  • Commissioner Burton made a motion to reject all bids submitted for the dump truck and to re-advertise for an opening bid date of August 5, seconded by Commissioner Diener. Vote: Unanimous

 

 

 

There being no further business to come before the commissioners, their meeting was adjourned.

__________________________ _____________________________ _______________________

John C. Heimlich, President Steve Burton, Vice President David Diener, Member

ATTEST: _________________________

Gayle Rogers, Auditor