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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, June 15, 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 Auditor Gayle Rogers, 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 from the regular meeting held on May 18, 2015, as presented, seconded by Commissioner Burton. Vote: Unanimous

 

  • Commissioner Burton made a motion to approve the minutes from the Executive Sessions held on April 20 and May 18, as presented, seconded by Commissioner Diener. Vote: Unanimous



  • Commissioner Burton made a motion to approve the minutes from the regular meeting held on June 1, 2015, as presented, seconded by Commissioner Diener. Vote: Unanimous

 

PAYROLL

  • Commissioner Diener made a motion to approve the payroll that was presented for June 8, 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

 

EMA – ACCEPTANCE OF A GRANT

Director Roberta Yerk said that a grant has been awarded to Emergency Management for $20,000. She will be using the funds to upgrade the 800 MHz radio system due to the P25 upgrade.

 

  • Commissioner Burton made a motion to accept the $20,000 grant from the Indiana Department of Homeland Security, as presented, seconded by Commissioner Diener. Vote: Unanimous

 

AREA PLAN

Director Joe Rogers presented rezoning petition #1035. HR Land LLC, Kathleen Smith, is requesting to rezone 5.0 acres from a B-3 (Highway Business District) to an I-1 (Light Industrial District). This property is located at 5364 S. US 231, in Wolcott.

 

The Area Plan Commission held a public hearing on June 8, 2015, for this request. At that time, there was no one present opposing the rezoning. The APC voted 6 Yes and 0 No to recommend this rezoning request to the commissioners.

 

Commissioner Heimlich asked if there was anyone present to speak about this request. The petitioner was present for questions, if needed.

 

Commissioner Burton mentioned that the people involved in this business have a very good track record with the community and developing the business.

 

  • Commissioner Diener made a motion to approve Rezoning Petition #1035, as presented, seconded by Commissioner Burton. Vote: Unanimous

 

 

 

K-IRPC – STORMWATER PROJECT

Edwin Buswell, K-IRPC, said that the state is offering a disaster recovery round of stormwater grants this fall. A maximum grant of $1 million with a 10% local match is available. To get the process started he requested a letter authorizing Kankakee Iroquois Regional Planning Commission (K-IRPC) and HWC Engineering as representatives of White County for the Section 106 historic review process. He also asked permission to do an income survey for White County DR2 Stormwater Project, which will cost the county $1,200.

 

Commissioner Diener said that the Town of Wolcott has already received a grant, previously, and this grant would be for a different section of the town. The criteria for the qualifications of this grant is that they benefit residents within the area. This money is left over from the 2002 floods.

 

Mr. Buswell said that they might be required to do an archeological study, which would cost $3,000

 

  • Commissioner Diener made a motion to authorize KIRPC and HWC Engineering to be representatives of White County for the grant application, authorize $1,200 for an income survey, and authorize $3,000 for an archeological study if needed, seconded by Commissioner Burton. Vote: Unanimous

 

AREA PLAN

Director Joe Rogers said that they have received three proposals for the Comprehensive Plan, but the Area Plan Commission (APC) felt that they didn’t provide comparison quotes. The APC has decided to create a more detailed “scope of work” and they will re-advertise for proposals. He hopes to have these by August and a recommendation to the commissioners soon thereafter.

 

AMERICAN STRUCTUREPOINT – CHANGE ORDERS

Craig Shroyer, Project Manager, presented change orders for the 6th Street project.

 

Change Order #11: End sections that were used on Norway Road were originally called for metal and they ended up using concrete. The same amount of material was used at the same cost so the dollar amount on this change order is zero.

 

Change Order #12: Any overrun/underrun of any pay items that are more/less than $20,000 from what was contracted must be reported to INDOT. The three items that were listed have already been paid for so no money is due on this change order, as well. This change order is needed for accounting purposes for INDOT.

 

  • Commissioner Diener made a motion to approve Change Order #11 and Change Order #12 for the 6th Street project, seconded by Commissioner Burton. Vote: Unanimous

 

TITLE VI

Attorney Loy presented the required Title VI policy notices to be approved by the commissioners:

 

  1. Non-Discrimination Policies Public Access to Facilities, Programs, Activities & Services Policy

  2. Standard U.S.DOT Title VI Assurances

  3. Legal Notice Requirements for Title VI Compliance

  4. Notice of Nondiscrimination Under The Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973

  5. Discrimination Complaint Form

  6. Voluntary Title VI Public Involvement Survey

 

  • Commissioner Diener made a motion to approve the Title VI Policy notices for White County 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

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

 

Mr. Mitchell reported that they’ve had nineteen leads so far this year, primarily from the Indiana Economic Development Corporation. Two new businesses started up in June: Mike’s Auto Repair in Monon, and Cotton Blocks & Wool in Monticello.

 

Mr. Mitchell said that they have hosted three prospects so far this year for the Mid America Commerce Park. The activity is really picking up now where prospects are wanting to visit the site.

 

Councilman Kramer asked what kind of comments he has heard on Magnetation filing bankruptcy. Mr. Mitchell said that he has heard from local Magnetation representatives that operations are running as normal and they are even asking for overtime from the employees. There’s no indication that they are going to close, this is a process to restructure the financing.

 

ENVIRONMENTAL REPORT

Officer Jim Reynolds presented the Environmental Report for June 2015.

  • Received 85 calls/complaints on various issues.

  • Issued one septic permit.

  • Received three occurrence reports for meth labs in the county.

  • County work crew mowed six properties.

  • Made eight landfill inspections.

  • Attended training on 800 Radio and Firearms.

 

BUILDING DEPARTMENT

Joe Rogers presented a current Building report through the end of May 2015. Compared to last year they have issued eight more permits.

 

Director Rogers said that they did received three proposals for the Comprehensive Plan, but the Area Plan Commission (APC) felt that they didn’t provide comparison quotes. The APC has decided to create a more detailed “scope of work” and then they will re-advertise for new proposals. He hopes to have these by August and a recommendation to the commissioners soon thereafter.

 

On the GIS, they pretty much have a system ready where they can do all the addressing and road name changes. They’ve ran into a little glitch and they are working with 39 Degrees North to get this taken care of.

 

Director Rogers has put together a Data Layer Ordinance and it is currently being reviewed by the county attorney.

 

HIGHWAY DEPARTMENT

Mike Kyburz, Superintendent, reported that they are patching black top roads, repairing stone roads and they’re ready to start the chip-and-seal program. He said that they have a lot of drainage and federal aid projects that he’s working on as well.

 

ADDITIONAL APPROPRIATION

Auditor Rogers said that the council is going to be discussing a $1 million additional appropriation request from the Highway Department from the Landfill fund or CEDIT fund today. Before this is done, approval from the commissioners must be made.

 

Councilman Kramer said that they are considering taking the money from the Landfill fund because there’s $6 million in it, $1.5 million in CEDIT and $17 million in the Landfill reserve.

 

  • Commissioner Diener made a motion to grant permission to the council to do an additional appropriation of $1 million from the Landfill fund for the Highway Department, seconded by Commissioner Burton. Vote: Unanimous

 

LANDFILL FUNDS

Councilman Kramer asked if there was some way where the commissioners could change the ordinance where some of the distribution of the landfill tipping fees could be more disposable for the council to use.

 

Attorney Loy said that he will look into this and get back with him.

 

At this time, the council members adjourned to their own meeting.

 

AREA PLAN

Area Plan Director Joe Rogers presented rezoning petitions #1032 & #1033. These petitions were previously heard at the commissioners’ meeting held on May 18, 2015. At that time the public hearing was continued.

 

Rezoning Petition #1032 & 1033

TM Pork LLC (#1032) 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.

 

JJ Pork LLC (#1033) is requesting to rezone 5.0 acres from 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. These two petitions are 5.0 acre tracts that abut each other. The APC voted to recommend both petitions to the commissioners by a vote of 7 Yes and 3 No. At the APC meeting, Director Rogers said that there was a lot of opposition, as there was at the commissioners’ meeting held on May 18, 2015. Since that time, the Area Plan office is requesting that there be some type of buffer plan to assist with any disburden of any odors that might be of a nuisance to the surrounding area.

 

Commissioner Heimlich said that the rezoning requests have been properly re-advertised in the Wolcott paper and the public hearing will continue today. For those people that weren’t aware of the request will have the opportunity to speak today.

 

Don Shelmon, Attorney representing the applicants, asked the commissioners to consider the approval from the APC to rezone the property located at 1707 S. 1000 W, in Wolcott for JJ Pork LLC, Josh Furrer, and TM Pork LLC, Tyler Earney. Their proposal is to have two separate hog facilities.

 

Attorney Shelmon presented a site plan detailing how the hog facilities will be situated on the property. He said that each building will be 121 foot wide by 286 feet long. Each building will have total capacity of 9,600 head of hogs; however, during the operation phase, there will be 8,000 head of hogs in each building. It will take six months to get the hogs to market, so there will be two separate herds each year. To address the concerns with manure, he explained that the manure will be held in concrete pits that are sealed and placed under the facilities, and not exposed to the air. There will be an additive that will be utilized that will reduce the smell. In time, the manure will be injected into the soil, which significantly reduces the smell. He pointed out that IDEM requires that you only apply the manure to the top of the soil. IDEM also only requires each of the facilities to have 200 acres set aside and designated for the application of the manure. With each of these facilities, there is an excess of 300+ acres, which is fifty percent more than required. He said that the IDEM permit has been submitted and complies with every rule and regulation IDEM has for the facilities. They are expecting approval from IDEM at any time now, which will allow for construction to move forward.

 

Attorney Shelmon addressed the issues that were presented at the last meeting. He said that the Department of Natural Resources is the entity that will address the complaints and issues regarding rules and regulations for wells in the area. Concerns about drawdown on a well and not having adequate water supply for surrounding areas would be not a concern because of the area of impact. Concerns to the potential for contaminating water source will not be an impact because there is no river stream or ditch that is close by. He explained that when you inject manure, the only way it can leach out or contaminate a water source is if it was injected into a river stream or a ditch.

Attorney Shelmon discussed the concerns that have been addressed on having a designated route in and out of the facilities. He said that it was suggested to the applicants from the county highway superintendent to use Hwy 231 going west on County Road 200 south, then north on 1000 west. The applicants have agreed and designated this as the route of ingress and egress to and from the facility for all reasons. Mike Kyburz, Highway Superintendent, has also agreed to spread dust retardant in front of Mr. Sandford’s residence, which is the closest and only resident that will have an impact to the facility. The applicants will cover the cost of the dust retardant.

 

Attorney Shelmon addressed the issue of screening by saying that the applicants are proposing to place two lines of trees on the north, south and east of the facility. The issue of drainage has also been addressed by the White County Drainage Board approving the Drainage Plan that was submitted for these facilities.

 

Attorney Shelmon said that this facility is similar, but more modern, to the facility that is closest to Wolcott and owned by Troy Furrer.

 

Mike Veenhuizen, Live Stock Engineering Solutions, clarified that the capacity of the facility is actually permitted for 4,800 head of hogs per building, with a normal operating capacity of 4,000 head of hogs per building, not 9,600. He also clarified that the buildings are approximately 2 miles from the intersection of US 231 and US 24, and 2.25 miles from downtown Wolcott.

 

At this time, Commissioner Heimlich opened the public hearing for public comment.

 

Kenneth Rogers asked who was going to replace the wells for the people that live close by if their water is gone because of the drainage of the hog barns. He would like to see something put in writing stating that the owners of the hog barns will replace the wells with suitable water, if something should ever happen.

 

Carma Buschman, 10820 W. Division Road, Wolcott, said that if the wells are affected in her area, she doesn’t want to feed off the same aquifer. She wants a concrete system put in and fresh water provided from somewhere else. She said that with the spring flooding, it is highly possible that standing water could contaminate streams, rivers and ditches in the area. She would like someone from IDEM to come to the area to see what’s being proposed.

 

Bill Schroder II, 367 Smithson Road, Reynolds, said that he owns an 8,000 head livestock site that was built in 1999. Since 1999, seven homes have been built less than a mile from his site. He said that he talks with his neighbors on a weekly basis and he has never received any complaints on truck traffic, manure application or odor.

 

Karen Evans, 305 N. Raymond, Wolcott, is concerned with how much water the hogs are going to use in a day. Her main concern is where all the water is going to wash off to when the spring flooding comes, because the facilities are located between two ditches.

 

James Beckerton said that he doesn’t smell the odor from Troy Furrer’s property. He feels that if there is ever a problem, the Furrers will take care of it immediately.

 

Robin Henke, 9605 W. 300 S., Wolcott, asked questions about the manure being injected into the fields and the operation of the facilities. Her questions were answered by the applicants. Her biggest concern was that our government doesn’t regulate the disposal of deal animals, groundwater use, odors, vectors and insects. She asked the commissioners if they are promoting the health, safety and welfare of all the citizens.

 

Commissioner Diener said that this rezoning came about because White County has a very restrictive zoning conveyance that prevent CFO’s from going anywhere besides agricultural. Most of our surrounding counties allow CFO’s to be built without rezoning and without public hearings. At least with our county, we set restrictions with setbacks, buffers and drainage plans to protect the public from any safety and health concerns.

 

Commissioner Heimlich pointed out that whether the hog buildings are there or not, manure injections can be done on fields around Wolcott without permission. He said that dragline issue is becoming more common.

 

Charles Henke, 9605 W. 300 S., Wolcott, said that he has concerns with the wells running dry and what their options are if they do. He’s concerned about the amount of water that will be used per year from facilities, and the land values decreasing because they’re located close to CFO’s.

 

Wayne Sanford, 10635 W. 600 S., Wolcott, expressed his concerns towards the regulations of manure from IDEM, roads being maintained by the county, e-coli testing in both ditches and proximity of buildings.

 

John Sanford, 200 S. 9556 W., Wolcott, expressed his concern towards the odor and what the future may hold if the hog operation is ever sold.

 

Don Furrer expressed his disappointment with the false reports that are going around the community about him and his family from the neighbors.

 

Director Rogers presented a letter that was submitted to the White County Board of Zoning Appeals (BZA) regarding the rezoning request. Attorney Loy recommended that since the letter was not addressed to the commissioners, and the person did not appear at the public hearing, that the letter not be accepted.

 

Commissioner Burton discussed how aggressive White County is with any CFO that is proposed to be built in White County. He said that they take these request very serious and they are not something that they just approve on a daily basis. He said that most counties don’t even require the property to be rezoned. Places like Carroll County only requires the CFO’s to be 800 feet from a residence and Benton County only requires 500 feet.

 

Commissioner Heimlich said that he has one of these hog operations one mile south of his property and if you couldn’t see it out his back door, you wouldn’t even know that it was close by because you can’t smell anything.

 

Attorney Loy recommended that since the White County Drainage Board has approved the Drainage Plan that the plan be made a record of the public hearing since there are concerns to drainage.

 

  • Commissioner Diener made a motion to approve Rezoning Petitions #1032 and #1033 with the following attachments: Providing dust control for the neighbor involved, providing a tree buffering plan that has been presented, following the truck route that has been recommended by the White County Highway Department for vehicles coming and going from this facility, and following the Drainage Plan that was presented and approved by the White County Drainage Board, seconded by Commissioner Burton. Vote: Unanimous

 

BRIDGE #88 – NORWAY BRIDGE

Mike Obergfell, USI Consultants, presented a cost analysis report on the Norway Bride.

 

Part 1: Cost Analysis of Milling/Overlay vs. Full Deck Replacement

  • Option 1: Milling/Overlay: Cost $1,000,000

This option would include surface milling and hydro-demolition of the existing concrete deck followed by a latex modified concrete overlay. Approximately 20% of the bridge deck would require full depth patching. The existing sidewalks would remain in place. New bridge railing would be installed to meet current safety standards. After 20 years, the deck would likely need to be removed and replaced.

 

  • Option 2: Full Deck Replacement: Cost $1,400,000

This option would consist of the complete removal of the existing concrete deck, sidewalks, and barrier rails. No sidewalk would be installed on the southern side of the new bridge. The sidewalk on the northern side would be widened and traffic would be marginally realigned to the south. The fiber optic line that hangs from the north coping would need to be supported during the removal and construction of the northern side of the deck. After 30 years, the surface of the deck would likely require surface milling and an overlay.

 

Mr. Obergfell said that the project was approved for $1,020,000. Option 1 would be covered with the grant funds, and Option 2 would require the county to pay 100% over the approved amount, which would be $400,000. He said that patching needs to be done now because the money will not be available until 2017.

Mr. Obergfell asked what option the commissioners would like to go with during the construction phase:

 

Part 2: Cost Analysis of Single Lane Closure/Temporary Signals vs. Full Closure

 

  • Option 1: Single Lane Closure/Temporary Signals: Cost $90,000 for temporary signals and barriers

This option would involve closing a single travel lane of traffic to allow for phased construction.

 

  • Option 2: Full Closure/Detour: Cost $400,000 - $800,000 (in user costs)

This option is actually less money, and the project could get done faster. This option involves closing the N. Francis Street Bridge entirely. Traffic would be detoured around the closure using Main Street, US 24, and SR 39. The cost of this option varies depending on the traffic volume and the number of days the road is to remain closed.

 

Mr. Obergfell made the recommendation to go with Option 1 on Part 1, to stay in line with the grant, and Option 2 with Part 2, to stay in line with the schedule of closing the bridge after the busy season, which would be fall or early spring.

 

Highway Superintendent Kyburz said that it is going to cost him $50,000 to $75,000 to do the patching work that needs to be done now.

 

  • Commissioner Diener made a motion to go with Option 2 on Part 1, to replace the full deck, and Option 2 on Part 2, to have a full closure during construction, for the Norway Bridge project, seconded by Commissioner Burton. Vote: Unanimous

 

 

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