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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, September 3, 2013. The meeting was held at the White County Building, 2nd floor, Commissioners’ Conference room, beginning at 8:00 a.m.

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

Commissioner Heimlich called the meeting to order.

MINUTES

No minutes were presented for approval.

PAYROLL

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

CLAIMS

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

HIGHWAY DEPARTMENT

Highway Superintendent, BJ Propes, reported that County Road 900 and the Girtz projects are completed.

Commissioner Heimlich mentioned that there might be some INDOT grant funds available for the railroad crossing at 200 West. He asked Mr. Propes to look into this.

Commissioner Diener said that he was approached by Vanguard about the material that is sitting near the railroad crossing on Quarry Road. Randy Mitchell, Director of the EDC, said that he has talked with INDOT and he is waiting on an answer on when that will be installed.

BUILDING INSPECTOR

Commissioner Heimlich announced that a letter of resignation has been received from Dave Anderson effective immediately.

· Commissioner Diener made a motion to accept the letter of resignation from Dave Anderson as the White County Building Inspector, seconded by Commissioner Burton. Vote: Unanimous

CONSIDERATION OF AMENDING THE WHITE COUNTY BUILDING CODE ORDINANCE

White County Attorney George Loy said that there has been some discussion and consideration of amending the White County Building Code ordinance.

The amendments will change the following: job description of the building inspector, building inspector will now report to the White County Area Plan Executive Director, changes to the square footage requirements for a building permit, and extension of building permits.

· Commissioner Diener made a motion to suspend the rules and act on this ordinance on the first reading, seconded by Commissioner Burton. Vote: Unanimous

· Commissioner Diener made a motion to adopt Ordinance No. 13-09-03-01 as presented, seconded by Commissioner Burton. Vote: Unanimous

ORDINANCE NO. 13-09-03-01

WHITE COUNTY BUILDING CODE ORDINANCE

WHEREAS, the Board of Commissioners of White County, Indiana, adopted the “Building Code of White County, Indiana”, by Ordinance No. 01-03-05-01, and

WHEREAS, the Board of Commissioners desire to amend said Ordinance by placing the White County Building Inspector under the direction and control of the White County Area Plan Executor Director, as an officer of the White County Building and Planning Department, and by further defining the duties of the Building Inspector;

NOW, THEREFORE, BE IT HEREBY ORDAINED, by the Board of Commissioners of White County as follows:

SECTION 1. TITLE. This ordinance, and all ordinances supplemental or amendatory hereto, shall be known as the "Building Code of White County, Indiana", may be cited as such, and will be referred to herein as "this Code".

SECTION 2. PURPOSE. The purpose of this Code is to provide minimum standards for the protection of life, limb, health, environment, public safety and welfare, and for the conservation of energy in the design and construction of building and structures; to regulate the construction , alteration, structural repair, location and use of buildings and structures in White County; and, providing for the issuance of permits therefore and for the penalties for violation thereof .

SECTION 3. AUTHORITY.

(A) The "White County Area Plan Executive Director", hereinafter referred to as "Director", and the White County Building Inspector, hereinafter referred to as "Inspector", are hereby authorized and directed to administer and enforce all of the provisions of this Code. Whenever in this Code, it is provided that anything must be done to the approval of, or subject to, the direction of the Director or Inspector, or any other officer of the Building and Planning Department, this shall be construed to give such officer only the discretion of determining whether this Code has been complied with; and no such provision shall be construed as giving any officer discretionary powers as to what this Code shall be, or power to require conditions not prescribed by law or to enforce this Code in an arbitrary or discriminatory manner.

(B) The Director and Inspector, after having been designated as officers to administer and enforce building regulations, shall be authorized to issue building permits, collect fees, perform inspections, order correction of violations of building regulations, and authorize occupancy of buildings and structures situated within the boundaries of White County.

SECTION 4. SCOPE. The provisions of this Code apply to the construction, alterations, structural repair, use, occupancy and additions to all buildings and structures other than mobile structures, and/or industrialized building systems certified under IC 22- 15-4 in White County.

SECTION 5. ADOPTION OF REGULATIONS BY REFERENCE.

(A) Building rules of the Indiana Fire Prevention and Building Safety

Commission as set out in the following Articles of Title 675 of the Indiana Administrative Code are hereby incorporated by reference in this Code and shall include later amendments to those Articles as the same are published in the Indiana Register as a final rule or the Indiana Administrative Code with effective dates as fixed therein:

(1) Article 13 Indiana Building Codes

(a) Fire and Building Safety Standards

(b) Indiana Building Code, including Section 312.6 and Appendix Chapter 3 Division II. (Agricultural Buildings)

(c) Indiana Building Code Standards

(2) Article 14 Indiana One & Two Family Dwelling Code

(3) Article 16 Indiana Plumbing Code

(4) Article 17 Indiana Electrical Codes

(a) Indiana Electrical Code, including Article 547 (Agricultural Buildings)

(5) Article 18 Indiana Mechanical Code

(6) Article 19 Indiana Energy Conservation Code

(7) Article 20 Indiana Swimming Pool Code

(8) Article 22, Indiana Fire Codes

(a) Fire Safety Standards

(b) Indiana Fire Code

(B) Copies of adopted building rules, codes and standards shall be on file in the

office of the Building and Planning Department.

SECTION 6. APPLICATION FOR PERMITS. No permits shall be issued for the foregoing purposes, unless the application for such permit is accompanied by plans and specifications showing the work to be done, and listing the area of each level of the building and of the garage in square feet. No local permits shall be issued hereunder until a copy of a Design Release from the State Building Commission is received by the Building and Planning Department if such Design Release is required. No building permit will be issued to a person that would cause a violation of IC 22-15-3-7.

SECTION 7. PERMIT REQUIRED. A permit shall be obtained before beginning construction, alteration or structural repair of any building or structure, impacting 100 square feet or more, using forms furnished by the Building and Planning Department. All permits shall be authorized by the Director or Inspector, and all fees provided for herein shall be paid to White County, Indiana.

A building permit expires and becomes void if

(1) the work authorized by the permit is not started within three (3) years from the date of issuance, or

(2) the work authorized by the permit is not completed within ten (10) years

from the date of issuance.

SECTION 8. PERMIT AND INSPECTION FEES. There shall be paid the fees prescribed in fee schedule as adopted by the County Commissioners prior to the issuance of any building permit.

SECTION 9. OTHER ORDINANCES. All work done under any permit issued hereunder shall be in full compliance with all other ordinances pertaining thereto.

SECTION 10. REVIEW OF APPLICATION. Prior to the issuance of any building permit hereunder, the Director or Inspector shall:

(a) Review all building permit applications to determine full compliance with provisions of this Code.

(b) Review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding

SECTION 11. INSPECTIONS. After issuance of any building permit hereunder,

the Director or Inspector shall make, or shall cause to be made, such inspections of the work being done under such permit as is necessary to insure full compliance with the provisions of this Code and the terms of the permit.

SECTION 12. ENTRY. Upon presentation of proper credentials, the Director or Inspector or his duly authorized representatives may enter at reasonable times any building, structure or premises in White County to perform any duty imposed upon him by this Code.

SECTION 13. STOP ORDER. Whenever work is being done contrary to the provisions of this Code, the Director or Inspector may order the work stopped by notice in writing served on any person engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Director or Inspector to proceed with the work.

SECTION 14. CERTIFICATE OF OCCUPANCY. No final approval of construction for any building or structure erected or altered after the adoption of this Code shall be issued unless such building or structure was erected or altered in compliance with the provisions of this Code. Any commercial, industrial, public or residential building, principal or accessory, shall require a Certificate of Occupancy issued by the White County Building and Planning Department, unless expressly exempted elsewhere in this Ordinance.

Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this Code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the jurisdiction shall not be valid.

SECTION 15. VIOLATIONS. It shall be unlawful for any person, firm, or corporation, whether as owner, lessee, sub-lessee, or occupant, to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure, permitted or inspected by Section 8 of this Code, other than fences in White County or cause or permit the same to be done, contrary to or in violation of the provisions of this Code.

It shall be unlawful to occupy any such building or structure unless a full, partial, or temporary certificate of occupancy has been issued authorized by the Building and Planning Department.

SECTION 16. RIGHT OF APPEAL. All persons shall have the right to appeal the Director’s or Inspector's decisions pertaining to provisions of this Code, first through the County Commissioners and then to the Fire Prevention and Building Safety Commission of Indiana in accordance with the provision of IC 22-­13-2-7 or IC 4-21.5-3-7, as applicable.

SECTION 17. REMEDIES. The Director or Inspector may, in the name of the County Commissioners, bring actions in the Circuit or Superior Court of White County, for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders, made by the Director or Inspector, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this Code.

SECTION 18. PENALTIES. If any person, firm or corporation shall violate any of the provisions of this Code, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Director or Inspector, or shall fail, neglect or refuse to obey any lawful order given by the Director or Inspector in connection with the provisions of this Code, for each violation, failure or refusal, such person, firm or corporation shall be fined in the sum of, not less than Thirty Dollars ($30.00) or more than Three Hundred Dollars ($300.00). Each day of such unlawful activity as is prohibited herein shall constitute a separate offense.

SECTION 19. EFFECTIVE DATE.

(A) This Code shall be in full force and effect after its approval by the Fire Prevention and Building Safety Commission of Indiana, and the adoption by the White County Commissioners, and publication as required by law.

(B) This Ordinance shall apply to:

(1) All Buildings or structures permitted under Section 7 of this Code after the effective date.

(2) All buildings or structures where construction or alteration has begun but not completed,

(3) Conversions of buildings and structures, or parts of them, from one occupancy classification to another, and

(4) The movement of buildings, structures, and equipment for the operation of buildings and structures.

(C) This Ordinance repeals or amends all other ordinances in conflict herewith, and repeals the aforesaid Ordinance No. 01-03-05-01 in its entirety.

SECTION 20. COMPLIANCE WITH OTHER ORDINANCES AND REGULATIONS.

No building permit shall be issued for the construction, extension, remodeling, alteration or structural repair of any proposed or existing building until the project has been checked for compliance with the White County Zoning Ordinance and Subdivision Control Ordinance Certain construction projects may require a site plan for the project to be approved by the White County Surveyor, a driveway permit or letter to be issued by the State or White County Highway Departments, and/or a septic permit or letter to be issued by the White County Board of Health.

AWARD SEWER AND WATER CONTRACT FOR MID AMERICA INDUSTRIAL CORRIDOR

Joe Grinstead, Project Manager, announced that bids were received on August 21, 2013, for the water and sewer improvements for the Mid America Industrial Corridor project (Wolcott Corridor).

Mr. Grinstead made the recommendation to the commissioners to accept the low bid from F&K Construction, from Flora, IN, with a contract price of $3,343,600.00, and issue a Notice of Award letter.

  • Commissioner Burton made a motion to award the bid for the White County Industrial Corridor Water & Sewer project to F&K Construction, Inc., at a base bid price of $3,343,600, seconded by Commissioner Diener. Vote: Unanimous

VACATED ROAD REQUEST – NIPSCO

Commissioner Heimlich said that a petition to vacate a portion of County Road 25 E., in Honey Creek Township has been properly advertised by NIPSCO for a public hearing to begin at 9:00 a.m. He announced that the hearing is now open and asked if the petitioner, NIPSCO, would like to address anything first.

John Henry, Real Estate Department for NIPSCO, and Dana Brad, project engineer for NIPSCO, said that the reason for the request is for the expansion of the existing sub-station, along CR 25 E. It will be better for them to vacate the road because of safety issues for vehicles traveling around the area during construction, for security issues and to utilize the right-of-way as a whole during construction. Mr. Henry provided a copy of the public notice and notification to adjoining neighbors for the vacation request.

Commissioner Heimlich asked if the expansion of the sub-station is going to the road. Dana Brad said that the expansion will go past the road, east of the road. He also asked if the entire property is going to be used for the sub-station. Dana confirmed, yes. She said that the east portion of the property is going to be pretty filled, but the west won’t be filled as much. None of the property will be farmed.

Commissioner Heimlich asked if there was anyone present to speak about this request.

Ron Allen, Reynolds resident, asked NIPSCO if they are proposing to replace the road that they are closing. Mr. Henry said that at this time they are not proposing to replace the road. Mr. Allen also asked that when NIPSCO purchased the property, did they have intentions of closing the road at that time. Mr. Henry said that by looking at the design that was proposed, their intentions were going to be two sub-stations on each side of the road and if the road could be vacated, then they would utilize the property in between. That’s when they started thinking about the public’s safety issues and realizing that everyone would be better off if they vacated the road.

Mr. Allen stated that he does farm property north of the sub-station and during this time of the year they will have 80 truck loads going down this road. If they have to re-route CR 25 E., then they would have to go on the highway and cross over two railroad tracks with a loaded semi. This is a huge safety concern for him and it will also burden them with more time on the road and more financial cost.

Dirk Fleck, Reynolds resident, said that his concern on closing this road is the unknown with Magnetation and how this will affect the crossing at 100 N. with the extra rail and truck traffic. He said that he farms land on the east and west side of the highway, and also on 100 N.

Joe Rogers, Area Plan Director, asked if their intention is to combine all the parcels, which NIPSCO owns, into one parcel if the commissioners approve the vacation. He also asked if they have compatible zoning because you can’t have a single parcel with multiple zonings. Mr. Henry said that he would have to speak to his council about this, but would most likely do what the county needs.

White County Attorney Loy said that if the commissioners do vacate the property, they can insert a term in the ordinance that covers this for Area Plan. Mr. Loy said that he is going to draft the ordinance.

Commissioner Heimlich asked if anyone else from the public would like to be heard. No response. He then asked if the commissioners had any questions.

Commissioner Heimlich asked what actually is going to be over this road since the sub-station is going to be on the east side. Ms. Brad said overhead lines will most likely be over the road. Mr. Henry said that since it hasn’t been fully engineered they don’t know how the property will be fully utilized. If the road can’t be vacated, then it will be nothing more than overhead lines.

Commissioner Diener asked if the expansion would be put to a halt, or create an issue, if the commissioners do not approve the vacation. Ms. Brad said that their biggest concern is the traffic driving through this area because there is a lot of voltage running through these sub-stations. Someone running into this area is a big concern for them. They also have plans to have the area fenced off.

County Highway Superintendent, BJ Propes, said that if the county vacates the road, will the county still have to maintain a $600,000 bridge that is there currently to cross over the ditch. He wondered what the cost would be if they had to go and replace it.

Commissioner Heimlich said that he is reluctant to say yes at this time because there are a lot of unanswered questions. He said that the issue with safety of the public during construction can be addressed by closing the road during construction. He would like to know more details about the project.

Commissioner Diener said that if it was necessary to vacate the road to accomplish what you intend to do, he would be more favorable, but he hasn’t been convinced that they can’t accomplish what they need to without vacating the road.

Mr. Wright, Council for NIPSCO, clarified that the commissioners suggest that NIPSCO construct an alternative road and address the issue of the maintenance cost on the bridge.

After a short discussion regarding the increase in railroad activity that will be coming to Reynolds, the commissioners’ asked NIPSCO representatives to go back and revisit the concerns that were presented today.

Commissioner Heimlich announced that this hearing will be continued to Monday, October 7 at 9:00 a.m.

IT ROOM SUPPRESSION SYSTEM

Wayne Flora, Brenneco Fire Protection, said that currently the IT computer room does have a sprinkler system that could damage the computer equipment and data if the sprinkler goes off. Mr. Flora discussed two clean agent systems that they have available that will protect the county’s data and equipment. The clean agent systems, FM-200 and the Novec 1230 Fire protection fluid, uses a gas, opposed to water or foam, to suppress a fire. Once the fire is suppressed, the room is just ventilated. Mr. Flora gave an estimate cost of $20,000 for the IT computer room.

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

__________________________ _____________________________ _______________________

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

ATTEST: _________________________

Gayle Rogers, Auditor