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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, January 4, 2016. The meeting was held at the White County Building, 2nd floor Commissioners’ Conference Room beginning at 8:00 a.m.


Commissioners present were: 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.



  • Commissioner Diener made a motion to approve the minutes from the regular meeting held December 21, 2015, as presented, seconded by Commissioner Burton. Vote: Unanimous



  • Commissioner Burton made a motion to approve the payroll for January 4, 2016, as presented, seconded by Commissioner Diener. Vote: Unanimous



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



  • Commissioner Diener made a motion to accept the list of appointments as presented for 2016, seconded by Commissioner Burton. Vote: Unanimous


Animal Disease Emergency 1 Year Appointment

Dr. Carl Hites


Aviation Board 4 Year Appointment

Emil Radtke, Sr. 12/31/19


Board of Finance 1 Year Appointment

John Heimlich, President


Board of Zoning Appeals 4 Year Appointment

Dennis Sterrett 1st Monday – January 2020


Child Protection Team 1 Year Appointment

David Diener


Citizen’s Advisory Committee 1 Year Appointment

Dawn Girard


E-911 Board 1 Year Appointment

Steve Burton


Economic Development Board 1 Year Appointment

John C. Heimlich, Member

David Diener, Member


Emergency Management Advisory Council 4 Year Appointment

Roger Woods 12/31/2019


Kankakee-Iroquois Reg. Planning 1 Year Appointment

David Diener


Northwest Indiana Solid Waste Board 1 Year Appointment

David Diener

Steve Burton

John Heimlich, Alternate

Redevelopment Commission 1 Year Appointment

Tom Westfall

Connie Stimmel

Craig LeBeau

N/A (Adviser – TL School Board member)


Sick Bank Committee 1 Year Appointment

John Heimlich, Commissioner

Lisa Downey, elected county official

Leah Hull, regular full-time employee


Solid Waste Citizens Advisory Council 1 Year Appointment

Dawn Girard


Tourism Development Board 2 Year Appointment

Bruce Clear 12/31/2017

Don Hurd 12/31/2017


White County Commissioners 1 Year Appointment

John C. Heimlich, President

Steve Burton, Vice President



Area Plan Director Joe Rogers proposed a GIS Data Sharing ordinance to the commissioners for their approval. He explained that the state provides statutes that allow counties to adopt an ordinance to share data layers with various companies, individuals or groups by collecting a fee. These fees collected will be put into a fund that helps reimburse the county for improvements or upgrades to the GIS. He said this will not interrupt the fees that 39 Degrees North already charges for transferring data sharing. In every case, the county will collect a fee.


Director Rogers said that there are certain layers that the provider (39 Degrees North) does not want to share, because it’s available on public sites. On the list of “data sharing layers”, those layers have been left off. If the commissioners approve this ordinance, Director Rogers said that the LiDar elevations layer and the GIS photography layer will no longer be provided by 39 Degrees North. Those two layers will have to be given by the county’s IT Department.


Attorney Loy said that the statute requires the council to set up the fund and approve the fee schedule. Director Rogers presented it to the council last year, and they seemed to be in favor of the ordinance.


ORDINANCE NO. 16-01-___-___



WHEREAS, the White County Board of Commissioners desires to share with persons and entities electronic map data from White County’s Geographic Information System (GIS); and,


WHEREAS, sharing GIS data is intended to facilitate a public good by allowing coordination of public safety activities, emergency services, transportation planning, drainage and watershed management, water quality planning, utility planning and other worthwhile public services; and,


WHEREAS, sharing GIS data will also assist in the promotion of economic vitality, public safety and quality of life; and,




WHEREAS, Indiana Code 5-14-3-8(g) establishes that a public agency may charge a fee, subject to approval of the County Council, uniform to all purchasers, for providing an electronic map; and,


WHEREAS, Indiana Code 5-14-3 provides that the County Council shall adopt an ordinance to establish a fund for the deposit and use of funds collected for the duplication of electronic map data.


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


Section 1. Definitions: The following definitions shall be applicable to this ordinance:

Application” – White County Government Electronic Map Data Share Application.

County” – White County, Indiana.

Electronic Map Data” – Copyrighted layer or layers of data provided by a public agency from an

electronic geographic information system. Also referred to in this ordinance as “GIS data”.


Entity” – A person, public agency, partnership or corporation.


GIS” – The White County Geographic Information System.


Section 2. Purpose and Intent:


This ordinance shall provide the means of regulating and administering GIS data usage by outside parties, as contained in, or a component of, the County GIS Map filing system. Any agreement covered by this ordinance shall be for GIS data usage only and shall not to be considered a sale of said information. Usage of this information is subject to the restrictions and limitations as provided in this ordinance.


Section 3. Application, Fees & Approval:


  1. Any entity requesting GIS data sharing must present a completed application to the Area Plan Office, along with the required usage fee, for consideration. The application shall be for a provisional data usage agreement, and is not an agreement to purchase data.


  1. Fees shall be charged according to the fee schedule included within the application.

  1. Fees charged by White County shall be used for maintenance, upgrading and enhancing the County GIS service provider. Some GIS data may be provided directly by the White County Area Plan Office or White County IT Department.


  1. Inquiries for application shall be made to the White County Area Plan Department.


  1. The White County Council shall approve and establish by ordinance the fees charged, and the fund for deposit and use of such funds, including those collected for duplication of electronic map data.


Section 4. Restrictions, Limitations, and Permitted Uses:


  1. No entity, other than those authorized by the White County Commissioners, may reproduce, store, grant access, deliver, or sell any information obtained from, the County GIS provider or any County department or office to any other entity.


  1. Any entity receiving GIS data from the County GIS provider, or any County department or office, shall not use such data for generating mailing lists, address lists or other database for the purpose of selling, advertising, or soliciting the purchase of merchandise,

goods or services, or to sell, loan, give away or otherwise deliver the information obtained by the request to any other person.


Section 5. Terms:


  1. Only data layers that are included on the application and which have been approved by the White County Commissioners shall be available for data sharing. The application shall list the currently available or anticipated layers.




  1. Payment is required for GIS data prior to the time of delivery of data.


Section 6. Disclaimer of Warranties:


County GIS data shall remain the property of White County. All GIS data supplied from County-owned records is not warranted for content or accuracy. Data may be omitted or be inaccurate and is subject to modification and/or changes. The County shall not be liable for errors or incomplete data. By using GIS data, the recipient is agreeing to protect, hold harmless and indemnify White County, its employees and officers from any and all liability for alleged direct or consequential damages or costs of any kind.


Section 7. Effectiveness:


This ordinance shall be effective immediately upon its passage, and shall repeal or amend all other ordinances, or portions thereof, inconsistent herewith.


  • Commissioner Diener made a motion to enter the first reading of the proposed ordinance on Creating White County Geographic Information System (GIS) Data Sharing Procedures, Process and Standards, seconded by Commissioner Burton. Vote: Unanimous


The second reading will be held at the next meeting with the council.



Bonnie Woods, 5869 N. Stahl Road, appeared before the commissioners representing Sycamore Acres Association.


Mrs. Woods presented water test results from two private wells on Stahl Road. She reported that one of the wells failed, as well as, tested positive for e-coli. Due to this result, they are now in the process of testing more wells in their area. In addition to testing the wells, they also provided test results from two water samples collected from direct runoff from the Rice Family farm, which is along and onto Stahl Road. She said that water flows from the Rice Farm through a ditch, navigates under Stahl Road, and into the Big Monon. She argued that in the past three weeks there has been a manure spill, a contaminated water well, and contaminated ditches with contaminated water running right down the streets through their subdivision. This proves that there is a need for additional setbacks, especially regarding CAFO’s, as manure disposal from these operations leads to these results.


Mrs. Woods requested a vote be put forward immediately imposing a moratorium within a three-mile setback from L-1 districts or lakefronts. She also requested the commissioners to immediately double the suggested IDEM minimum setbacks for manure application to further protect the lakefront residents. She asked the minimum setback of 500 feet from a public well be extended to include any well, public or private. She also asked that no confined feeding operation applications be considered, within this setback, until such time is a permanent setback and permanent rules can be written into the zoning ordinances.


I’m going to conclude this brief address with three questions that have never been answered or resolved, and it is within the charge of this commission to address by representing the constituents that you are empowered to represent. First, currently twenty-five people are listed as users of a single well in order to have that well deemed as a public well. With that public well status you have a 500 foot setback. Yet single use wells, are numbers less than twenty-five, have a setback requirement of just 50 feet. Why are tax paying constituents not on a designated public well, considered less important? Why are there two sets of rules for the same event?” Woods asked.


My second question, if e-coli levels are unacceptable in the food industry, such as what we currently see happening with the Chipotle restaurants chain, then why is it not equally important when dealing with residential expectations when the choice is not as just as easy as changing your restaurant? Why, in the current zoning ordinances, does an incorporated municipality have a one-mile setback in regards to A-2 zones, yet an R-1, an R-2 or an L-1 zone, which is in most areas in this lakefront community has equal or greater population densities, yet the A-2 setback is 1,320

feet, and this is directly from the zoning ordinance, from any other non-agriculture district, residents or business, unless located on the same property. Again, two sets of rules. The demands being made upon this commission are not extra ordinary, as most items raised during these last several months is already contained and point form within the existing ordinances. The ordinances created to assist the changing commissioners over time to make collective and uniform decisions that protect and favor the community as a whole within each existing zone. What has taken



months and possibly years prior to address, takes minutes of reading to gain clear understanding on what to do and what to revise within the ordinance, if not already covered. This is an easy issue, made unnecessarily difficult. Time, and the next rainfall, enhance the urgency of this resolution,” Woods said.


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






___________________________ _____________________________ ____________________________

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






ATTEST: _________________________

Gayle Rogers, Auditor