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BE IT REMEBERED, that the White County Commissioners held a regular meeting on Monday, May 18, 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 Burton made a motion to approve the minutes for the regular meeting held on May 4, 2015, as presented, seconded by Commissioner Diener. Vote: Unanimous

PAYROLL

· Commissioner Diener made a motion to approve the payroll, as presented for May 18, 2015, seconded by Commissioner Burton. Vote: Unanimous

CLAIMS

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

COUNCIL ON AGING

White County Council on Aging Director Gale Spry submitted the application for next year’s funding. She is requesting $120,692 from federal for operations and $50,525 from the State (Public Master Transit Fund). She asked the commissioners for permission to file the paperwork.

· Commissioner Burton made a motion to approve Resolution No. 15-05-04-02 authorizing the filing of an application for a grant to be submitted to INDOT for Council on Aging, seconded by Commissioner Diener. Vote: Unanimous

RESOLUTION NO. 15-05-04-02

RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A GRANT UNDER SECTION 5311 OF THE FEDERAL TRANSIT ACT, AS AMENDED

WHEREAS, the U.S. Department of Transportation is authorized to make grants to states through the Federal Administration (FTA) to support capital, operating and feasibility study assistance projects for non-urbanized public transportation systems under Section 5311 of the FTA Act of 1964, as amended;

WHEREAS, the office of Transit, Indiana Department of Transportation (INDOT) has been designated by the Governor to make Section 5311 grants for public transportation projects;

WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs;

NOW, THEREFORE, BE IT RESOLVED BY WHITE COUNTY:

1. That John C. Heimlich, County Commissioner, on behalf of White County is authorized to make the necessary assurances and certifications and be empowered to enter into an agreement with INDOT for the provision of rural public transportation services.

2. That White County Council on Aging is authorized to execute and file an application on behalf of White County Commissioners with the INDOT to aid in the financing of transit assistance projects pursuant to Section 5311 of the Federal Transit Act, as amended.

3. That White County Council on Aging is authorized to furnish such additional information as INDOT may require in connection with the application.

4. That White County Council on Aging is authorized to execute grant contract agreements on behalf of White County.

GORDON ROAD

Highway Superintendent Mike Kyburz submitted Supplement Number 1 for the Gordon Road Contract with INDOT.

In the original contract federal-aid funds made available to the LPA by INDOT will be used to pay 80% of the eligible project costs. The maximum amount of federal funds allocated to the project is $4,257,930.00.

The supplement states that federal-aid funds made available to the LPA by INDOT will be used to pay:

1. 100% of the eligible project costs, up to a maximum of $286,760.83

2. 80% of the eligible project costs, up to a maximum of $217,509.29

3. 80% of the eligible project costs, up to a maximum of $2,753,659.88

· Commissioner Diener made a motion to approve Supplement Number 1 from INDOT for the Gordon Road project. Vote: Unanimous

SIGN ON COUNTY RIGHT-OF-WAY

Joe Rogers, Director of Area Plan, said that his office received a complaint about a sign that was located in the county right-of-way (on the northwest corner of the intersection of CR 200 W and 1150 S) and blocking visibility as you are going south on CR 200. By ordinance, you’re not allowed to have a sign in the county right-of-way unless you have permission from the commissioners.

Dennis and Libby Shepard appeared before the commissioners saying that they own Therapeion Shepard Stable which is a therapeutic riding service for persons with disabilities and youth facing difficult life challenges.  When they moved to the area in 2007, a lot of clients and volunteers had a lot of problems finding the place so they put up a sign at the end of CR 200 so people would know where to turn. They did not realize that a permit was needed and thought that it was far enough off the road. They do maintain the area around the fence on a regular basis and they tried to place the sign in a location where it wouldn’t be a nuisance to the farmer. She said that they’ve never had anyone complain to them about the location of the sign.

Director Rogers explained that they have a visibility clearance area that is required by the ordinance. To be in a legal position they would have to move the sign 12 feet - 13 feet into the field to meet the 10 foot setback. He recommend that if they approve this request, they require the sign be raised to meet the visibility standards.

Commissioner Diener said that he doesn’t want them to incur cost to move the sign, but on the other hand he doesn’t want to set a precedent of allowing signs in the right-of-way.

· Commissioner Diener made a motion to table this decision to the next meeting so they can go out and investigate the sign location, seconded by Commissioner Burton. Vote: Unanimous

AREA PLAN

Area Plan Director Joe Rogers presented the following rezoning petitions:

Rezoning Petition #1032

TM Pork LLC is requesting to rezone 5.0 acres from an A-1 (General Agricultural District) to an A-2 (Agricultural Industry District). This property is currently located at 1707 S. 1000 W, in Wolcott.

A public hearing was held by the Area Plan Commission on May 11, 2015. At that time, the APC voted to recommend this rezoning to the commissioners by a vote of 7 Yes and 3 No. Director Rogers said that the board members that voted against the rezoning had concerns about the current road conditions. It is currently a gravel road that runs in front of a property and they questioned whether or not the roads are fit for this type of operation.

Director Rogers said that petition #1032 and petition #1033 are going to be the exact same because they are requesting to rezone two 5.0 acre lots that are abutting properties, one for the north and one for the south. These two tracts were created for the purpose of a confined feeding operation. The only difference on the petitions are the property owners.

Director Rogers pointed out that at the public hearing held by the APC, there was objection to the odors, proximity to the Town of Wolcott and surrounding properties, management of waste, negative impact on surrounding property values and being too close to the schools.

Director Rogers said that normally on A-2 rezoning’s the applicant has provided a packet that provides explicit details on the proposal. Some information usually provided would be the anticipated truck travel, what the truck routes will be, and how the waste will be handled. In this rezoning request, this information wasn’t provided and he feels that a lot of the questions by the board members really didn’t get answered.

Director Rogers said that when there is a rezoning petition and the APC feels there is an impact to the roads or the drainage, they will default to the commissioners, or the drainage board, to address those issues. They do have the ability to attach commitments to any recommendations that they send, but they didn’t at this time.

Commissioner Heimlich said that since rezoning petition #1032 and #1033 are exactly the same, without objection, they will address these together. He asked if the petitioners were present to speak about this request.

Josh Furrer, representing JJ Pork LLC, and Tyler Earney, representing TM Pork LLC, appeared before the board. Josh said that he and his wife are wanting to put up a confinement hog building to raise hogs. He said that he’s been around hogs his whole life and it seems to make sense to him to stay in the business. It’s not really easy for them to obtain acres so they would like to stay in the area and keep the business in the community.

Tyler Earney said that he and his wife would also like to keep the business in the community and start a career farming in White County. He also said that farm ground is not easy to obtain.

Commissioner Diener asked if they have any additional information about the business that would be beneficial to the commissioners.

Mike Veenhuizen, Live Stock Engineering Solutions, said that IDEM permits were submitted last week for approval. He discussed the size of the buildings and the storage capacity of holding one year’s worth of manure for up to 4,800 animals per building. Manure will be collected and stored in the mechanically ventilated barns, which will then be placed on land owned by the Furrers. The principal ventilation will be from west to east, exhausting out the east end of the building with high capacity ventilation fans. Along the south edge of both buildings will be smaller ventilation fans. Each of these buildings require 200 acres to manage the manure according to IDEM. On average there will be two semis per week making delivers of feed. There will be two to four semi-trucks making deliveries to fill the barns with pigs twice a year; and then there will be an estimated 24 semi-trucks picking up the pigs over a 3-week period, twice a year. He said that it has been suggested from the county that they use the county road to the south as coming off of 231 as one of the principal access roads, and then come north on 1000 west to access the site. He said that the south road is a gravel road and the road to the north is a black top road. They are open to suggestions for the direction of the semis to travel. The Furrers are willing to plan two rows of evergreen trees along the north and east side of the buildings to act as a buffer/screening.

Mr. Veenhuizen presented diagrams showing that the closest off-farm residence is a ½ mile to the southeast and rural residences are more to the three-fourths to one mile distance. The Town of Wolcott is a little over two miles away.

Mr. Veenhuizen discussed the requirements from IDEM on the regulations on monitoring the discharge of manure as fertilizer into the ground.

Commissioner Burton asked if any of the applicants or any of their relatives live within the two mile radius listed on the diagram. Josh Furrer said that they do not live in the area within the circles, but their grandfather lives within the one mile radius.

At this time, Commissioner Heimlich opened up the floor for questions or comments from the public.

Troy Furrer, father and father-n-law of applicants, corrected the information that was provided earlier about the location of the trees and said that they will put trees up on three sides of the property. He confirmed that trees will be put up on the south, east and north. He discussed his hog farm that he’s had since 1990 and being located roughly three-fourths of a mile southeast of Wolcott. He explained how they add additives to the pits to help with their odor.

Dave Altman, 1584 S. US 231, Wolcott, said that he’s not against hog farms, but feels that the applicants could’ve found a more suitable site to put this considering that they own thousands of acres. The location is one and a half mile southwest of the Town of Wolcott, less than a mile and half from the schools and very close to the new Mid America Commerce Park. He said that both of the applicants live in the country and he doesn’t understand why they don’t build the facilities next to their residence.

Dana Altman, 1584 S. US 231, Wolcott, presented signatures from citizens of Wolcott who have concerns and feel that they weren’t dully informed. She said that ninety-five percent of people that she talked with were not aware of these facilities being proposed southwest of Wolcott. She stated that people are concerned with major loss of property value, odor and air quality, depletion of drinking water, contamination of water tables, environmental issues due to spills, and increased truck traffic.

Karen Evans, 305 N. Raymond, Wolcott, expressed disappointment in the amount of manure that will be produced in a year (130,000 lbs.) and the fact that it will be spread throughout the fields that are close to town. She complained that there will be an odor because there already is one from Troy Furrer’s farm. She feels that there should be a five mile buffer zone for these buildings from the town because the town will not grow if there’s a hog farm within two miles. She argued that it’s too close to the Town of Wolcott and it’s going to be located southwest of town where the wind prevails out of.

Robin Henke, 9605 W. 300 S., Wolcott, also agree with the Altman’s and the biological hazards that will be present with the amount of manure that will be produced. She read that there is a forty percent decrease in home values when homes are within a half mile radius of a CAFO and a twenty percent decrease from where her home is located. She said that she just found out about this on Saturday, when Mr. Sanford stopped by her house.

Charles Henke, 9605 W. 300 S., Wolcott, expressed concerns about the value of his land decreasing, lack of water that they already have in the area from their wells, and poor air quality that they will have if this is approved. He is against the rezoning request.

John Sanford, 200 S. 9556 W, Wolcott, was upset that this was going to be right out his back door. He said that he already has a neighbor that has a hog operation set-up and they have to keep their doors and windows shut because of the smell. He also said that he was unaware that this was being proposed.

Philip Kyburz said that he lives half mile east of Troy Furrer and he has never had any problems with the smell. He said Mr. Furrer has always been a good neighbor to him and his family.

Mike Yelton, representing the Town of Wolcott, expressed his disappointment in the Area Plan Commission because they didn’t have a plan on the drainage, water, and the roads for this rezoning request. He commented that if the county is going to have a business corridor, then we need to decide what is going to be done with all of the ground in the area.

Wayne Sanford, 10635 W. 600 S., Wolcott, said that he would like to petition for first year tax proceeds from the proposed buildings to cover the financial losses from existing hog operations incurred over the years. He is opposed to the rezoning request and discussed concerns with the wells already being thirty feet deep, a north branch ditch not staying within its banks, and a major tile repair that was done three years ago in the area where the buildings are being proposed.

Don Furrer, applicant’s grandfather, said that there wasn’t any place where they could’ve put the proposed buildings to be less involved with neighbors. He said that they spent time thinking of other locations, but this was the best location. They could’ve put them closer to town, but they didn’t. He said that they aren’t trying to hurt anyone.

Commissioner Heimlich asked if there was anyone else wishing to speak. No response.

Commissioner Heimlich commented to Director Rogers that he had thought that in the past the APC requested a drainage plan. Director Rogers said that they do require a drainage plan before they issue the permit, but the APC will not involve themselves with the drainage issues or the road conditions. They prefer to defer that to the commissioners.

Mr. Veenhuizen said that a drainage plan is being prepared for both of these sites and the adjoining properties. He said that he will be submitting the plan either today or tomorrow to the White County Surveyor Brad Ward.

Director Rogers said that one of the APC members did write on one of the ballots that a proper buffer zone be required with the project, but the board never voted on it. If the commissioners decided to add this as a condition, it does not have to be approved by the APC.

Don Furrer said that he was in the Area Plan office several times and he followed every request and fulfilled every requirement the best that he could.

County Highway Superintendent Mike Kyburz said that he was approached and asked which way off of 100 S. or 200 S. would be better. He said that he recommended 200 S. because both corners are kind of tight on 100 S.

Commissioner Burton asked Director Rogers if things were brought up today that wasn’t brought up at the APC public hearing. Director Rogers said that information that was brought up today was not available at the APC public meeting.

Director Rogers discussed the requirements by statute to advertise rezoning petitions to the public. They are required to advertise them in two newspapers, ten days before their public hearing, a sign is to be posted on the property at least 10 days before the meeting, and written notices are mailed to adjoining land owners. He couldn’t verify if it was advertised in the Wolcott newspaper.

· Commissioner Diener made a motion that they table the discussion of Rezoning Petition #1032 and #1033, pending the additional information that has been provided today regarding the drainage plan, which is forthcoming, the buffering of the trees that is forthcoming, and to give others that are unaware of this petition the opportunity to speak at a later date, seconded by Commissioner Burton. Vote: Unanimous

Commissioner Heimlich said that the next meeting will be re-advertised; but to make sure that everyone is notified he asked them to give their contact information to the Area Plan office so they can be informed of the next meeting. He said that he will try to get it published in the Wolcott paper.

Rezoning Petition #1034

William K. Schroeder II is requesting to rezone 18.45 acres from an A-1 (General Agricultural District) to an A-2 (Agricultural Industry District). This property is located at 2265 E. Chalmers Road.

The Area Plan Commission held a public hearing on May 11, 2015. At that time, the APC voted 7 Yes and 3 No to recommend this rezoning petition to the commissioners. The board members that voted no had concerns similar to the rezoning’s presented earlier: general proximity, odor, general nuisance created by a CAFO. The APC did attach a commitment that this rezoning only applies to the eighteen acres, which must be split out according to the White County Subdivision Control Ordinance prior to the rezone taking effect.

Commissioner Heimlich asked if the applicant would like to speak about this request.

William Schroeder II, said that he submitted plans to build two hog barns that could allow a maximum capacity of 4,800 hogs. He said that he is just over two miles east of the Town of Chalmers and the closest resident is over 3,400 feet. He spoke to that resident and he is supporting the proposal and has no objections.

Commissioner Heimlich asked which roads the truck traffic will be traveling. William said that the feed will be coming from Reynolds so they will be taking Hwy 24 to 300 E. to 600 S. The hogs will be taken to Logansport and Delphi so they will be using 300 E. traveling north or south to the closest highway.

Commissioner Heimlich asked if there was anyone else wishing to speak about this rezoning petition. No response.

· Commissioner Diener made a motion to approve Rezoning Petition #1034, including the commitment from the APC for William Schroeder II, as presented, seconded by Commissioner Burton. Vote: Unanimous

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

ECONOMIC DEVELOPMENT

President Randy Mitchell presented the White County Economic Development Business Summary for May 2015.

Mr. Mitchell pointed out that Dan Zuerner, Diana Thalmann and himself went to Chicago to meet with twenty representatives from one of the largest brokerage firms in the world that markets not only in the U.S., but Canada and Internationally as well.

Mr. Mitchell is trying to get some Lilly Endowment grants for a lot of the initiatives that we have going on throughout the county.

Mr. Mitchell announced that the ribbon cutting ceremony for the Shell Building is Tuesday, June 16 at 11:00 a.m. He said that the State of Indiana is recognizing the Mid-America Commerce Park as Shovel Ready “Gold”. Shovel ready means that infrastructure and utilities are already in place and ready for people to move in. Gold means that we have taken extra steps to prepare the properties.

E911

Director Terri Brooks reported that Rodale Electric has installed extra wiring and plug-ins in the center. She is now just waiting on the IT Department to come and finish the project.

Terri discussed an 800 MHz radio training session that she is attending today. She recommended that if anyone uses these radios, they should attend this training.

Terri reported that she isn’t having the employment issues that she had in the past and she thinks it has to do with the pay increases that were given last year.

ENVIRONMENTAL OFFICER

Jim Reynolds, Officer, presented the Environmental Report for April 20, 2015.

· Received 89 calls/complaints on various issues

· Responded to one semi tanker spill on US 24 and 125 E.

· Issued two septic permits

· Sent out three letters for clean-ups

· Made eight landfill inspections

Attorney Loy discussed an abandoned property owned by Mr. Jimenez that Officer Reynolds has been working on for four years now. With permission Attorney Loy will now take it to court.

· Commissioner Burton made a motion to file a lawsuit on the Jimenez property, seconded by Commissioner Diener. Vote: Unanimous

AREA PLAN

Director Joe Rogers reported that the layers for the construction limitation boundaries and the noise limitation boundaries for the Airport has been added to the GIS by 39 Degrees North.

Mr. Rogers discussed the disposable signs in the county are still a problem and they are looking at other ways to have them taken care of.

EMERGENCY PREPAREDNESS COORDINATOR

Laura Bernfield said that she has been busy updating the contact list for White County, writing up a plan on how to handle Ebola, and most recently starting up a White County Contagious Disease Coalition.

Laura also informed everyone that effective July 1, 2015, she is resigning because she wants to go back to teaching at Twin Lakes. She said that the Health Board has recommended that the commissioners appoint the former White County Health Nurse, Linda Pagels, to replace her. This is a contracted position and it’s solely funded by a grant.

Commissioner Burton expressed disappointment that she was leaving and he was not happy.

· Commissioner Diener made a motion to accept Laura Bernfield’s resignation as the Emergency Preparedness Coordinator for White County, seconded by Commissioner Heimlich. Vote: 2 Yes 1 No (Burton)

Commissioner Heimlich said that a letter from James Stradling, President of the Health Board, has been submitted recommending the commissioners to appoint Linda Pagels to this position.

· Commissioner Diener made a motion to appoint Linda Pagels as the White County Emergency Preparedness Coordinator, seconded by Commissioner Burton. Vote: Unanimous

WHITE COUNTY LEARNING LAB

Suzy Karberg, Director, announced that she is retiring. She said that without White County there would be no White County Learning Lab. She thanked the commissioners for letting them use the Annex Building for the learning lab for the past six years. Everyone is invited to attend this year’s Graduation Ceremony on June 10 at the IU White Hospital at 7 p.m.

Trish Maxwell, Director from Lafayette, gave a short discussion on how they are working with other partners to expand their adult education program.

P25 SYSTEM

David Vice, Integrated Public Safety Commission, said that they are the state agency responsible for creating the state wide 800 MHz radio systems that is used by public safety agencies throughout the state and also in White County. In 2010 they evaluated that the system needed to be upgraded to the next technology level. Last March they signed two new contracts with Motorola Radio. The first contract gives them the upgrades that are need and also double amount of the radio ID’s that they currently have. The second contract is a maintenance agreement that they purchased for $78 million, for the next 21 years.

Mr. Vice said that the county will be responsible for the cost to upgrade or replace the radios for our local agencies. He said that White County has 392 radio ID’s in their system.

CHAMBER OF COMMERCE

Commissioner Diener said that he has learned that the commissioners can’t give the Chamber Building to the Chamber of Commerce. Attorney Loy explained that the procedures for giving away real-estate is that the county must deed the property to the Redevelopment Commission, and then the Redevelopment Commission can deed it over to the Chamber of Commerce. When this is done, the commissioners would like to see it written in the deed that when, and if, the Chamber of Commerce is no longer using the building, the building will revert back to the county.

Commissioner Diener also said that he was approached from representatives of the Chamber of Commerce asking if the county ever considered paying restitution for the rent that they had to pay since their building was torn down. After a short discussion, there wasn’t any interest or motion made to contribute any money towards their rent.

WELLNESS PROGRAM

Leah Hull, HR Deputy, said that she received 130 employee responses from the wellness intention letter that she mailed out. In order for employees to receive the wellness incentive rate, they must participate in the wellness clinic. The cost to the county will be $40 per person.

· Commissioner Burton made a motion to pay the $40 per person for county employees to participate in the wellness clinic as proposed, 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