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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, April 20, 2015. 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, Commissioner Steve Burton, and Commissioner David Diener. Also present was the White County Auditor Gayle Rogers, White County Attorney George Loy and the Commissioners’ Assistant Donya Tirpak.

Commissioner Heimlich called the meeting to order.

MINUTES

· Commissioner Diener made a motion to approve the minutes as presented for the regular meeting held on April 2, the executive meeting held on March 16, and the executive meeting held on April 14, 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

HIGHWAY DEPARTMENT

Commissioner Diener said that the food pantry has purchased the business next to their property and they are requesting the County Highway Department to demo the business for them. Superintendent Kyburz will let the commissioners know when he can get this done.

TITLE VI COORDINATOR

· Commissioner Diener made a motion to appoint Leah Hull as the Title VI Coordinator for White County, seconded by Commissioner Burton. Vote: Unanimous

RECORDER - FIDLAR CONTRACT

At the last commissioners’ meeting, White County Recorder Bruce Lambert presented a contract from Fidlar Software requesting a five-year renewal. At that time, the commissioners tabled their decision to research the history of the contract a little more and also talk with the IT Department.

Commissioner Diener said that he did find that we can cancel out of the contract at any time with no penalty. He also discovered that we actually receive money back when outside sources use the software to do research.

Recorder Lambert said that the contract is for $28,265/ annually and he would like to sign a five-year contract, expiring in 2020. He does have the funds for this to be paid out of the Recorder’s Perpetuation fund.

· Commissioner Diener made a motion to approve the Fidlar Software contract for the Recorder’s Department as presented, seconded by Commissioner Burton. Vote: Unanimous

AREA PLAN

Director Rogers said that he attended the last Airport Board meeting where there was discussion concerning the Tall Structure Act, noise permits, and the zoning ordinance. He will be working on ways to assist them and the Federal Aviation Administration (FAA) in monitoring any construction in the airport area. He is working with 39 Degrees North to see if a layer that will show the noise permit area, and also show tall structure perimeters up to 200 feet in height.

Director Rogers presented the following amendments to the White County Zoning Ordinance:

Amendment #41, Chapter 3 – Wireless Communications Facilities

Director Rogers presented a change to wireless communications facilities. He discussed the ordinance being vague and conflicting for someone that already has an existing tower and wanting to do an upgrade. The process is very cumbersome and time consuming. He sat with a member of the APC Board and they discussed what was relevant when there is an upgrade. The ordinance has been modified to simplify this process.

The primary changes are as follows:

1. This amendment would separate the permit approval requirements for a “new” tower vs. an “existing” tower and would result in a simplification of the application and approval processes for tower upgrades consisting primarily of antenna and associated infrastructure upgrades;

2. Adjustment to setback language and setbacks themselves;

3. Increase in tower height to eliminate legal-nonconforming status of current towers and to bring ordinance more in line with market requirements;

4. Elimination of some duplication and conflicts in standards; and,

5. General language clean up.

A public hearing was held on April 13, 2015, by the APC. At that time, the APC voted 7 Yes and 0 No to recommend this amendment to the Commissioners.

Commissioner Heimlich asked if there was anyone wishing to speak about this amendment. No response.

Commissioner Diener asked if the height of a tower exceeds the setbacks of a property line, would it be possible to be built with a variance. Director Rogers said, “Yes.”

· Commissioner Diener made a motion to adopt Ordinance No. 15-04-20-02, approving Amendment #41, for Chapter 3, Wireless Communications Facilities, as presented, seconded by Commissioner Burton. Vote: Unanimous

Amendment #42, Chapter 10 – Barn Quilts

Director Rogers requested permission that the Barn Quilt signs that people are putting on their barns be exempted from the chapter so they won’t be required to get a permit.

The primary change is as follows:

The effective result of this change would be to include “Barn Quilts” in the “Exempt Signs” section of the zoning ordinance and to provide a definition and standards for such signs.

A public hearing was held on April 13, 2015, by the APC. At that time, the APC voted 7 Yes and 0 No to recommend this amendment to the Commissioners.

Commissioner Heimlich asked if there was anyone present to speak about this request. No response.

· Commissioner Diener made a motion to adopt Ordinance No. 15-04-20-03, approving amendment #41, for Chapter 10, Barn Quilts, as presented, seconded by Commissioner Burton. Vote: Unanimous

Amendment #43, Chapter 12 – Improvement Location Permit Not Required

Director Rogers said that the purpose of this amendment is to bring the Zoning Ordinance standards in line with the Building Code Ordinance and State Building Codes in order to reduce conflicting standards between ordinances.

Along with this amendment, Director Rogers presented a draft of changes to the White County Building Code Ordinance that would fall in line with the approval of Amendment #43 – Improvement Location Permit Not Required. The major changes are the 100 square foot exemption from the permitting process be modified to exempt accessory structures up to 120 square feet, but not to exempt principal structures. The Building Inspector is requesting changes due to some state code changes that have recently taken affect, and Director Rogers said that he has included a notation in the permit requirement section for anyone doing work on commercial projects. The notation is that the CDR that the state issues is only valid for six months.

Director Rogers will bring a revised Building Code Ordinance to the next meeting requesting their approval to these changes.

A public hearing was held on April 13, 2015, by the APC. At that time, the APC voted 7 Yes and 0 No to recommend this amendment to the Commissioners.

Commissioner Heimlich asked if there was anyone present to speak about this request. No response.

· Commissioner Diener made a motion to adopt Ordinance No. 15-04-20-04 approving Amendment #43, Chapter 12 – ILP Not Required, as presented, seconded by Commissioner Burton. Vote: Unanimous

PUBLIC HEARING ON THE PETITION TO VACATE A PORTION OF LUSE ROAD

Commissioner Heimlich announced that last fall the commissioners voted to close a portion of Luse Road when the Airport needed it for the construction of the additional runway. Currently, the road is under a temporary closure due to the utilities being relocated. As soon as the utilities are relocated, the road will most likely be closed permanently because they will be ready to begin construction.

Commissioner Heimlich said that as part of the process, expanding the runway for the airport, a portion of Luse Road needs to be vacated and turned over to the Airport.

White County Attorney George Loy explained that road vacation is a statutory procedure whereby the county right-of-way released is assigned to an adjoining land owner. He said that notice has been sent to adjoining landowners, published notice in the newspaper and a public hearing must be held.

Dowell Dellinger, Attorney representing White County Board of Aviation Commissioners introduced Bruce Nelson, Engineer with CHA Consulting. Mr. Nelson presented a diagram detailing the 1,000 foot extension to the runway. He said that 500 feet of the runway will be north of the existing Luse Road. The construction will start after Comcast moves their utilities and the proposed date of completion of the project is late October of this year.

Commissioner Diener said that he has always questioned where the buffer, trapezoid zone, will be and where any future improvements will be. By looking at this diaphragm it shows that improvements can be just north of the Whyte Horse Winery.

Councilman Anderson explained that the funding comes from the FAA, they hand it over to the State Highway, and then they hand it over to the county. Five years ago he asked these people how far off the runway does the extension have to be. At one time it used to be 500 feet and then they changed it to 1,000 feet. Now, they are saying that there is no set footage and everything has to be approved by the FAA in Washington, D.C. He argued that we don’t really know where improvements are going to be allowed because it has to be approved by the FAA.

Commissioner Heimlich said that the public hearing today is on the vacation of Luse Road but the commissioners know that the major interest today from the public is whether or not there is going to be a new road built replacing Luse Road, where it’s going to be located, and when it’s going to be built. He said that nothing will be decided today but future meetings can be held to discuss this issue.

Cathy Gross, City Council of Monticello, said that if and when the county builds a new road, the Mayor requests that the county purchase enough right-of-way for future infrastructure the city might have.

Commissioner Heimlich asked if there was anyone wishing to comment, speak, or ask questions.

Ed Terry, Airport Road, said that it is very inconvenient for anyone that lives in this area to have to travel to Gordon Road. He is in favor of building another road to connect to Freeman Road so people won’t have to use Gordon Road.

Commissioner Heimlich mentioned that in 2016/2017 there is a future expansion of a third lane slated for Gordon Road.

Richard Nicholas, Gordon Road, said that since Luse Road has closed, traffic has increased on Gordon Road and it’s bringing a lot of speeders. He is in favor of building a new road to replace Luse Road.

Fred Ennis requested additional signage to be put up saying that Airport Road is a dead-end road. He said that a lot of semi-trailers are coming down and they can’t get turned around. Mr. Ennis asked that a new traffic study be done where you take a look at the whole area to see the ramifications of closing Luse Road.

Wayne Reedy, Airport Road, requested signs be put up that say “no outlet”. He feels that there needs to be a second road, besides Gordon, because if there’s ever an incident, such as a tornado, there’s no outlet for a lot of people with no secondary means of escape.

Carol Bick said that Gordon Road doesn’t have the facility to take care of farm machinery. When Gordon Road is under construction, they will be forced to take their farm equipment to Hwy 24. She felt that a new road should’ve been built before the airport expansion.

John Townsend, Airport Manager, said that they can put up signs at the airport saying “no semi’s beyond this point”, because they do have accommodations to get them turned around.

Becky Cotterman said that if there is reconstruction work planned for Gordon Road she would recommend expanding the roundabout because it’s not big enough for the semi-trucks and farm equipment that are passing through. She is in favor of a new road being built.

Roger Corson, Airport Road, is in favor of putting a new road in to replace Luse Road.

Commissioner Diener said that he did receive a comment from Denise Hubbard Lopp who owns farm land in the area. She expressed concern about the size of the farm equipment coming down Airport Road.

Commissioner Heimlich asked Bruce Nelson how the money flows down for the grant. He asked if it was possible to build the road and then get reimbursed, or do you have to wait until the money is released before work can be started. Mr. Nelson did not know the answer.

Councilman Anderson said that the state is aware that we received enough money to replace the road.

Highway Superintendent Mike Kyburz said that most times you have to wait for the “Notice to Proceed” because if you start a project without it you will not be reimbursed.

Phil Gutwein, President of the Aviation Board, said that the FAA is paying 90% of the grant, the state is paying 5%, and the local participation is paying the other 5%. We have to get the grant for the funding first. Putting the new road in is listed in their Capital Improvement Plan for 2018.

Commissioner Heimlich pointed out that the county did not know whether or not the funding for the airport expansion was going to be approved until last fall. This grant was applied for 8-10 years ago and all this time there was no money made available.

Commissioner Burton explained that if we wait to build this road in 2018 and then do the airport expansion, there’s a possibility that they will move the money to another project that has already started. The county didn’t choose to do the project this way; we have to do things by their rules. He pointed out the inconveniences that everyone had to go through with 6th Street during construction, but looking back now it’s nice to see the end project.

Commissioner Heimlich reminded everyone that a vote by the commissioners to close the road has already been done and today the purpose of the public hearing is for the vacation of the road. The Board of Aviation has petitioned that the road be vacated to continue the runway expansion. He said that the information gathered today will be taken into account for the issues of closing Luse Road. In the future, more meetings will probably be held concerning the new road after they gather information on exactly where it will go.

Commissioner Heimlich reminded everyone that only a portion of Luse Road was going to be vacated and asked Highway Superintendent Kyburz what the plans were for the rest of the road. Superintendent Kyburz said that a cul-de-sac was approved for each side of Luse Road.

At this time, Commissioner Heimlich closed the public hearing.

· Commissioner Diener made a motion to accept the petition for vacation of a portion of a public right-of-way (Luse Road) in Union Township to the White County Board of Aviation Commissioners, seconded by Commissioner Burton. Vote: Unanimous

ORDINANCE NO. 15-04-20-05

AN ORDINANCE VACATING A PLATTED PUBLIC RIGHT OF WAY IN UNION TOWNSHIP, WHITE COUNTY, INDIANA

WHEREAS, it is in the best interests of the citizens of Union Township, White County, Indiana, to vacate a platted Public Right of Way which is not necessary for the growth of any City or Town, and where such vacation will not leave any other real estate without a right of ingress and egress, and where such vacation will not cut the public’s access to any public building, church or school, and

WHEREAS, a Petition has been filed with this legislative body of the White County, State of Indiana, seeking vacation of a Platted Public Right of Way in Union Township, White County; and

WHEREAS, the Board of Commissioners of White County, Indiana, has examined the Petition and has scheduled hearings upon said Petition and has given public notice thereof by publishing said notice in a newspaper of general circulation in the White County, Indiana, said publication being more than (10) days prior to the date of said final hearing, all pursuant to statute; and

WHEREAS, the Board of Commissioners of White County, Indiana, having heard evidence on said Petition and being sufficiently advised in the premises, finds that said Petition should be approved and granted, and that the Platted Public Right of Way as specifically described in said Petition, should be vacated.

NOW THEREFORE, BE IT ORDAINED, that the Platted Public Right of Way located in Union Township, White County, Indiana, be and the same is hereby vacated and said Right of Way being more fully described as follows, to wit:

Part of the real estate conveyed to the White County Board of Aviation Commissioners, (WCBOAC) in Deed Record 071206449 and Deed Record 222, Page 382 and to White County Board of Aviation Commission (WCBOAC) in Deed Record 020402187 in the records of the White County Recorder, being Part of the West Half of Section 9, Township 26 North, Range 3 West, Union Township, White County, Indiana and being more particularly described as follows:

Commencing at the Southeast corner of the Northwest Quarter of Section 9; Thence South 87°25’21” West, along the approximate centerline of Luse Road and the South line of the Northwest Quarter, a distance of 588.16 feet to the Southeast corner of the real estate of WCBOAC cited above in Deed Record 071206449 and the Point of Beginning of this description; Thence continuing South 87°25’21” West, along the approximate centerline of Luse Road and the South line of the Northwest Quarter, a distance of 44.26 feet to the Northeast corner of the real estate of WCBOAC cited above in Deed Record 020402187; Thence South 02°15’00” East, along the East line of WCBOAC cited above in Deed Record 020402187, a distance of 20.00 feet to the South right of way line of Luse Road; Thence South 87°25’21” West, along the South right of way line of Luse Road, a distance of 855.76 feet to the West line of the real estate of WCBOAC cited above in Deed Record 071206449; Thence North 02°15’00” West, along the West line of WCBOAC cited above in Deed Record 071206449, a distance of 20 feet to Luse Road and the South Line of the Northwest Quarter; Thence South 87°25’21” West, along the approximate centerline of Luse Road and the South line of the Northwest Quarter, a distance of 100.00 feet to the Southwest corner of the real estate of WCBOAC cited above in Deed Record 071206449; Thence North 02°15’00” West, along the West line of WCBOAC cited above in Deed Record 071206449, a distance of 20.00 feet to the North right of way line of Luse Road; Thence North 87°25’21” East, along the North right of way line of Luse Road, a distance of 1000.02 feet to the East line of the real estate of WCBOAC cited above in Deed Record

071206449; Thence South 02°15’00” East, along the East line of WCBOAC cited above in Deed Record 071206449, a distance of 20.00 feet to the Point of Beginning of this description, containing 0.852 of an acre, more or less.

Bearings and dimensions in the above description are based on a survey by Milligan Surveying, dated Nov. 25, 2002.

Said real estate to be vacated being a portion of the Right of Way for a road commonly known as Luse Road, located in Union Township, White County, Indiana.

The Secretary of this legislative body shall furnish copies of this Ordinance to the County Recorder for recording and to the County Auditor.

The vacated Right of Way shall become the property of WHITE COUNTY BOARD OF AVIATION COMMISSIONERS.

The Auditor of White County, Indiana, shall enter the vacated Right of Way, described above, on the tax rolls of White County, Indiana, in the name set forth above.

Any public utility easement shall be unaffected by this vacation.

At this time, White County Council President Butch Kramer called the council members to order in joint session with the commissioners. All council members were present:

President Butch Kramer Denny Carter Jim Annis Bruce Clear Jim Davis

Arthur Anderson Casey Crabb

BUILDING DEPARTMENT

Area Plan Director Joe Rogers presented a copy of the 2015 Building Permits for March 2015.

Director Rogers discussed putting together a Data Sharing Ordinance because he is receiving a lot of request from outside companies to acquire information through the GIS. Currently, requests are directed to 39 Degrees North and they charge them fees to acquire certain data files. He said that 39 Degrees North will still collect their fees, but the Area Plan Department will also be collecting a fee to recoup the cost that we paid to establish the GIS and cover the cost to maintain/improve it.

Director Rogers collected several ordinances from other counties and compared them to the state statute. To start the process, the council will need to approve the fee schedule, once this is approved an enhance access fund can be set up. Once the fund is set up, and funds are collected for data sharing, this money can then be used for any GIS improvements.

Director Rogers said that the ordinance is very complicated and there’s going to be a lot of work involved trying to keep it as simple as possible. He really doesn’t want to spend a lot of time on the ordinance if there’s any objections to the general application form and the fee schedule. He asked the commissioners if they are happy with the structure and if there was anything they would like to add. If not, he will then move forward and present it to the council to have the fee schedule approved and the fund set up.

The commissioners directed Mr. Rogers to move forward to the council for their approval.

ECONOMIC DEVELOPMENT

Randy Mitchell, President, presented the White County Economic Development Business Summary report for April 2015. Mr. Mitchell said that so far this year the leads are coming in very strong. They have received twelve leads and they are responding to them all. He recently hosted a prospect for the Mid America Commerce Park who is very interested in our shell building and the green space.

Five new businesses have started up in White County:

· Brothers Cellphone & Electronic Accessories, Monticello

· Day and Knight Fitness Center, Monticello

· Taco Express, Monticello

· Riley’s Double Dog Dare You, Monticello

· Columbia Title Co, Monticello

E911

Terri Brooks, Director, asked if representatives from the commissioners or council could start attending the meetings that are being held on the P25 Radio project. This project could possible cost $100,000 and she wants everyone to understand what’s going on with the radio equipment.

Councilman Anderson said that he has attended a meeting and from what he understands, it will cost around $21,000 to cover everyone in White County. He said a lot of the cost will be covered by the state.

Director Brooks said that she has the old radio system in her department and it will have to be replaced, along with the recording system. She said that there are going to be a lot of hidden cost.

ENVIRONMENTAL OFFICER

Jim Reynolds, Environmental Officer, presented the Environmental Report for April 2015.

· Received 76 calls/complaints on various issues

· Delivered thirteen letters to clean-up properties.

· Issued four septic permits.

· Made ten landfill inspections.

COUNCIL ON AGING

Gayle Spry, Director, presented reports showing their quarterly statistics for Council on Aging. She reported that they had 3,408 passengers for the first quarter. She reminded everyone that they are a 501c3 non-profit organization that provides several different services. Public transportation is a service that they provide to people of all ages. When new vehicles are purchased she is required to pay 20% of the cost for the matching funds, which is $13,709 for two vehicles. She does this by applying for grants, sending out letters to Township Trustees requesting donations, and having miscellaneous fundraisers.

CHAMBER OF COMMERCE BUILDING - RENOVATION

Commissioner Diener wanted the council members to know that the first wish list that the Chamber of Commerce representatives submitted to the commissioners for the renovation cost of the new office was $85,000. The list that they submitted wasn’t itemized enough so he met with them again and the cost is now $56,130, plus 10% cost for hidden fees. They will be using all local vendors to do the renovations.

Since this is a county owned building, it was decided that the funds can be paid out of the cumulative capital development fund.

Commissioner Diener said that the Chamber of Commerce representatives would now like to have a lease agreement. He pointed out that we have already purchased a building for the Chamber and we are now willing to pay for renovations of the building; so are we willing to take on the responsibility to pay the maintenance and upkeep. He asked the council if this is something that they wish to do or should we consider giving them an annual/monthly maintenance fee to pay.

Councilman Crabb suggested the county pick-up the maintenance cost for a while (5, 10, 15 years) and then they (Chamber) accepts the responsibility.

Councilman Carter said that he feels that we have already done them a huge favor by providing them with a new building and picking up the cost to have it renovated to their standards; this is better than what they had before. He said that he’ll agree to pay the upkeep for 2015, but after this year they can pick-up the expense.

After a short discussion, it was decided that Commissioner Diener will discuss options with Attorney Loy.

Commissioner Burton expressed his appreciation to Commissioner Diener for bringing the renovating cost down.

· Commissioner Burton made a motion to approve $56,130 plus 10% for hidden fees for renovating the Chamber of Commerce building, as presented, seconded by Commissioner Diener. Vote: Unanimous

There being no further business to come before the joint meeting, the council adjourn to their own meeting.

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

___________________________ _____________________________ ____________________________

John C. Heimlich, President Steve Burton, Commissioner David Diener, Commissioner

ATTEST: _________________________

Gayle Rogers, Auditor