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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Tuesday, September 2, 2014. The meeting was held at the White County Building, 2nd floor 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 Attorney George Loy, White County Auditor Gayle Rogers and the Commissioners’ Secretary Donya Tirpak.

Commissioner Heimlich called the meeting to order.

MINUTES

  • Commissioner Burton made a motion to approve the minutes from the regular meeting held on August 18, 2014, seconded by Commissioner Diener. Vote: Unanimous

PAYROLL

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

CLAIMS

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

PROPOSED ORDINANCE – AVAILABLE INSURANCE PROCEEDS SET ASIDE White County Attorney George Loy proposed an ordinance which authorizes the county’s participation in the Indiana Department of Insurance’s Insurance Proceeds Set Aside Program. The program provides counties with certain protections in the event that insurance proceeds are available due to damage to a building in our community caused by fire or explosion.

At the time of final settlement, the county is provided notice of the settlement and the opportunity to respond to the insurance carrier. In qualifying instances, the County can require a statutorily set percentage of insurance proceeds to be paid to the county and held in escrow for the potential use of demolition, remediation or other unsafe building expenses following any necessary legal action.

This law was designed to provide some level of protection to cities, towns and counties to repair or clean up damaged properties.

ORDINANCE NO.

ORDINANCE APPROVING REQUEST TO THE INDIANA DEPARTMENT OF INSURANCE FOR ENROLLMENT IN INSURANCE PROCEEDS SET ASIDE PROGRAM

WHEREAS, if an insured structure is damaged more than 75% by fire or explosion, I.C. 27-2-15 permits a county to receive, from the owner’s insurance proceeds, the lesser of 10% of the available insurance proceeds (if any), the certified anticipated expenses of demolition or rehabilitation of the structure the county will incur, or $7,000.00 for a residential and $15,000.00 for a non-residential building or structure; and

WHEREAS, in order to do so the county must enroll in the Indiana Department of Insurance (“IDOI”) insurance proceeds set aside program by submitting a written request to INDOT (http://www.in.gov/idoi/2830.htm) which must:

(a) be approved by adoption of an ordinance by the county’s legislative body;

(b) contain the contact information for the specific individual who will act on behalf of the enforcement authority of the county; and

(c) remit to IDOI a one-time fee of $100.00

AND, WHEREAS, it is the desire of the White County Commissioners to submit such a request and be included in the list of municipalities participating in the IDOI insurance proceeds set aside program.

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

Section 1: That a written request to the Indiana Department of Insurance for White County to be governed by I.C. 27-2-15 is hereby approved.

Sectgion 2: That ___, the ___ for White County, shall be specific individual who will act on behalf of the enforcement authority of the County, who may be contacted at ___, Monticello, Indiana, 574-583-____. (email address).

Section 3: That such written request and a copy of this Ordinance shall be immediately forwarded to the Indiana Department of Insurance, and by on-line enrollment, accompanied by the enrollment fee of $100.00.

Section 4: That this Ordinance shall be in full force and effect upon its passage.

· Commissioner Diener made a motion to move the proposed ordinance to the second reading which will be held on September 15, seconded by Commissioner Burton. Vote: Unanimous

PROPOSED ORDINANCE - COMPENSATORY TIME ALLOWANCEES

White County Attorney George Loy discussed the amendments that he made to the proposed ordinance amending compensatory time allowances for all White County employees. The first reading of the ordinance was held at the last meeting on August 18. He said that the first reading of the ordinance was written up by the Auditor and he did make some minor edits to the one being presented today.

  • Commissioner Diener made a motion to approve Ordinance No. 14-09-02-01 amending Compensatory Time Allowances for All White County Employees on the second reading as presented, seconded by Commissioner Burton. Vote: Unanimous

ORDINANCE NO. 14-09-02-01

ORDINANCE AMENDING COMPENSATORY TIME ALLOWANCES FOR ALL WHITE COUNTY EMPLOYEES

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

Section 1: Compensatory time may be accrued in lieu of being paid overtime for all non-exempt employees, as defined by and pursuant to Section 207(m)(2)(B)(o) of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 210, et seq., on an hour-for-hour basis for additional hours worked up to forty (40) hours per week or at a rate of one and one-half times the amount of approved hours worked in excess of forty (40) in a normal work week up to a total not to exceed two (2) of the employee's regular work weeks. The calculation of compensatory time for employees working in public safety follows Section 207(k) of the Fair Labor Standards Act.

Section 2: The calculation of compensatory time is based on actual hours worked. Time off on sick leave, vacation leave, personal leave, compensatory time or any other leave of absence will not be considered as hours worked for purposes of calculating compensatory time. Holiday hours will be considered as hours worked for purposes of calculating overtime hours. Use of compensatory time must be determined in advance of submission of the payroll.

Section 3: Compensatory time will be reported on the employee's service record to the White County Auditor with each payroll claim voucher.

Section 4: Effective immediately, all full-time employees working in a non-exempt position may accrue a maximum of two (2) of the employee's regular work weeks compensatory time before monetary compensation is paid, unless an increase in the maximum compensatory time hours is approved by the Board of Commissioners.

Section 5: Elected Officials and Department Heads are required to monitor the accrual of compensatory time. All compensatory time shall be approved in advance of accrual or use. In order to avoid excessive financial liability, Elected Officials and Department Heads must set a maximum allowance of banked compensatory hours within their department that does not exceed the maximum allowed by this Ordinance nor exceed the balance of their annual overtime budget appropriation. Elected Officials and Department Heads are encouraged to schedule use of compensatory time as soon as possible to avoid accrual beyond the stated limit that would require monetary payment.

Section 6: The Human Resources Department within the Auditor's Office shall provide a compensatory time off agreement to advise non-exempt employees of the County's compensatory time off policy.

Section 7: Upon termination of employment, employees are entitled to payment of the unused balance of their accrued compensatory time. Payment for accrued and unused compensatory time at termination may be included in the employee's last regular earnings paycheck, if possible, or in a separate check.

Section 8: Upon adoption, this ordinance will be incorporated as an amendment to any White County department Personnel Policy currently in effect.

COUNTY LOGO

Economic Development President Randy Mitchell said that he has been working with Dan Zuerner, Garmong, and their design team to produce a new logo for White County. White County is one of the few counties in the state that doesn’t use a county logo consistently on letterheads.

  • Commissioner Diener made a motion to adopt the new White County logo as presented, seconded by Commissioner Burton. Vote: Unanimous

SOUND SYSTEM

White County Auditor Gayle Rogers presented a quote from BIS Digital to do an upgrade to the courts recording sound system. This upgrade will allow us to install a recording sound system in the Council Conference room so the meetings can be recorded. The cost of the upgrade is $7,421.00.

Attorney Loy said that he would like to see three quotes.

JOB DESCRIPTIONS

Auditor Rogers presented a quote from Waggoner, Irwin, Scheele & Associates to prepare job descriptions and classifications on all the county employees for $40,000. The firm would complete a wage study and create job descriptions through interviews with the county employees to determine their actual duties. She said that she is not familiar with any other firms that do this kind of work. When she asked other Auditors throughout the state, the majority of them responded that they use this firm, others just did it in-house.

̮The commissioners asked for a representative to come to the next meeting so they can get more information.

AREA PLAN

Area Plan Director Joe Rogers presented Rezoning Petition #1022.

Angela and Scott Bieghler are requesting to rezone their property located at 64 E. Smithson Road, Reynolds, from a B-2 (General Business) to an RR (Rural Residential).

A public hearing was held on April 14, 2014, by the Area Plan Commission Hearing Examiner. At that time, the APC Examiner voted to send this amendment to the commissioners with a favorable recommendation.

  • Commissioner Diener made a motion to approve Rezoning Petition #1022 to rezone property from a B-2 to an RR, seconded by Commissioner Burton. Vote: Unanimous

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

___________________________ _____________________________ ____________________________

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

ATTEST: _________________________

Gayle Rogers, Auditor