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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Tuesday, January 19, 2016. 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 Burton made a motion to approve the minutes from the special meeting held on December 28, 2015, and the minutes from the regular meeting held on January 4, 2016, seconded by Commissioner Diener. 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 BIDS

County Attorney Loy announced that the Highway Department has legally advertised the request for bids and the time has now expired for all bids to be submitted. Bids were received from the following:

 

Single Axle Truck

  1. Palmer Trucks, Inc., Indianapolis, IN $ 93,567.00 Bid Bond

  2. Truck City, Gary, IN $ 91,869.00 No Bid Bond

  3. Great Lakes, Portage, IN $ 85,370.00 Bid Bond

 

Tandem Axle Truck

  1. Palmer Trucks, Inc., Indianapolis, IN $106,083.00 Bid Bond

  2. Truck City, Gary, IN $ 98,762.00 No Bid Bond

  3. Great Lakes, Portage, IN $ 94,089.00 Bid Bond

 

MFWD Tractor

  1. Bane Welker, Remington, IN $114,000.00 No Sealed Bid/ No Bond

  2. Koenig, Logansport, IN $ 99,500.00 No Bid Bond

 

TA 3500 Gallon Distributor

  1. E.D. Etnyre & Co., Oregon, IL $209,353.00 No Bid Bond

 

Commissioner Heimlich asked if there were any bids that were submitted, but not accepted at this time. No response.

 

AREA PLAN

Area Plan Director Joe Rogers presented the following rezoning request:

 

Petition #1042

The White County Food Pantry, is requesting to rezone Lot Number Six (6) in the Norway Subdivision, from an R-2 (Single & Two-Family Residential District) to a B-1 (Neighborhood Business District). The property is located at 1860 N. Francis Street, Monticello.

 

The Area Plan Commission held a public hearing on January 11, 2016, for this request. At that time, there were no objections from the public opposing the rezoning request. The APC voted 10 Yes and 0 No to recommend this rezoning to the commissioners.

 

Director Rogers said the purpose of the rezoning request is to allow the Food Pantry to consolidate their two properties so they can expand their parking lot. He explained that in order to consolidate two parcels, they both must be the same rezoning.

 

County Attorney Loy said the Food Pantry has filed a petition with the commissioners to vacate the alley between the two properties. The public hearing for the vacation request will be held at the next Commissioners’ Meeting on February 1, 2016, at 8:15 a.m.

 

Commissioner Heimlich asked if there was anyone wishing to speak about this request.

 

Mr. Gordon Denton, representing the Food Pantry, was present to support the request.

 

  • Commissioner Diener made a motion to approve Rezoning Petition #1042 (Ordinance No. 582-16) rezoning 1860 N. Francis Street, in Monticello from an R-2 to a B-1 for the White County Food Pantry, seconded by Commissioner Burton. Vote: Unanimous

 

Petition #1043

Joel Putt, JBW Pork LLC, is requesting to rezone 34.158 acres from an A-1 (General Agriculture District) to an A-2 (Agricultural Industry District). The property is located at 9929 N. 200 W and 9935 N. 200 W., Monon.

 

The Area Plan Commission held a public hearing on January 11, 2016, on this request. Director Rogers said there were approximately 50 people at the public hearing that voiced their concerns. Their concerns ranged from road conditions, odor, to environmental issues. He said the APC voted 7 Yes and 3 No to recommend this rezoning request to the commissioners.

 

Director Rogers said his department has some concerns with the size and questioned if it was really necessary to rezone the full 34.158 acres. He recommended to the APC that a 5–7 acre tract of ground be split from the 34.158 acre parcel and rezone only the 5–7 acres. He also expressed concerns to the setback requirements being met. According to the ordinance, the setbacks are 1,320 feet from any other non-agricultural district, residence or business. At this time, he said that no legal documentation has been filed to prove the exact distance to the nearest residential structure. The only thing that they have provided is a map from Google maps. He recommended to the APC that the applicant be required to get a survey or be required to move the facility beyond the 10% error factor. The APC did not make a decision on this request at their January 11 meeting, and decided to leave this decision up to the commissioners and the director. He said that if the commissioners approve the rezoning without any additions, he will require a survey or he will require the building to be moved before he will issue a permit.

 

Commissioner Heimlich asked if there were any further questions from the board for Director Rogers. No response.

 

Joel Putt, applicant, said he is currently operating two confined feeding operations along 200 West in Monon and they are seeking to expand their operations. He discussed the benefits that his business has brought to the county and addressed Director Rogers’ concerns.

 

Mr. Putt said they are requesting to rezone the 34.158 acres, instead of 5, because it is a wooded parcel. If they only rezoned 5 acres, the Drainage Board would require them to prove that the water will not leave the 5 acre parcel if a 100 year flood would take place. In order to prove this, they would have to build retention ponds. They figured that if they have a larger parcel, they could prove that the water will stay on the 34.158 acres of ground, and they could also leave more trees intact to act as a buffer. He also said that it wasn’t a problem for them to move the barn 150’ to get the distance required for the residential separation.

 

Commissioner Heimlich asked if there were any further questions from the board for Mr. Putt. No response.

 

Mike Veenhuizen, Livestock Engineering Solutions, said that Mr. Putt respects the county’s ordinance and they will meet the 1,320 feet requirement from the neighboring residences. They have no problem providing accurate dimensions to prove the setbacks are met. He said the property owner that is 1,320 feet from the parcel is not in opposition of the rezone request. As far as the request to split 5 acres off from the 34.158 acres, Mr. Veenhuizen explained that for this particular site this would not be a sufficient land base to site the buildings, provide suitable mortality management, traffic lanes, feed storage and other drainage controls. Since the 34.158 acre parcel is owned by the applicant, they decided it would be best to request the rezone for the full parcel.

 

Commissioner Heimlich asked if there was anyone else wishing to speak about this request.

 

Chris Fullerton, Reynolds, asked several questions about the operations of a CAFO. His questions were answered by Mr. Veenhuizen.

 

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

 

At this time, Commissioner Heimlich confirmed with Director Rogers that if the facility does not meet the 1,320 feet setbacks, then they will be required to get a variance from the BZA. If the facility does meet the 1,320 feet setbacks, then he will require them to provide a survey before the building permit is approved.

 

Director Rogers said that if Mr. Putt provides a site plan when he applies for a permit that shows that they are outside the 10% error factor, then he would accept that. If the site plan does not reflect the setback which takes into account the error factor, then he will require a survey to confirm the distance.

 

  • Commissioner Diener made a motion to approve Rezoning Petition #1043 (Ordinance No. 582-16) rezoning 34.158 acres from an A-1 to an A-2 for property located at 9929 N. 200 W and 9935 N. 200 W. in Monon, 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. Council members present:

 

President Butch Kramer Jim Annis Jim Davis

Arthur Anderson Casey Crabb Denny Carter

Bruce Clear

 

ECONOMIC DEVELOPMENT

Economic Development President Randy Mitchell presented a Business Summary for December 2015.

 

Mr. Mitchell discussed a lead with a manufacturer of flexible packaging for the food industry. This business is looking for 25 initial jobs and could grow to 50 in five years. They are looking for a building with 60k sq. ft., and rail.

 

For 2015, 469 new jobs were created in White County and 30 new businesses were started-up.

 

Mr. Mitchell also reported that he has been working with a consultant in the K-IRPC area trying to identify three sites in the county that will qualify for an environmental clean-up.  He has talked with all the town representatives and made them aware of this grant. The grant will cover all of the cost of Phase 1 of an environmental clean-up.

ENVIRONMENTAL REPORT

Environmental Officer Jim Reynolds submitted an Environmental Report for January 2016.

  • Received 47 calls/complaints on various issues.

  • Called on a semi rollover on US 24 full of corn oil.

  • Issued 1 septic permit.

  • Made 7 landfill inspections.

  • Attended a training on Pipeline Emergency Response.

 

 

 

COUNCIL ON AGING

Council on Aging Director Gale Spry presented the Quarterly Operating Data report.

 

Director Spry said they were down 1,500 passengers for the year, but the total vehicle miles was up 200.  The reason for this is because they are making more trips outside of Monticello. Passenger revenue is up by $12,000 for the year, and expenses are down by $200.

RECYCLE

Recycling Director Dawn Girard presented the year-end report for 2015.

 

Director Girard reported the Northwest Indiana Solid Waste District cut back on their funding in 2015. The department started out with only $32,000, compared to $42,000 the year before. All of this money was used for maintenance and repair on their equipment.

 

Director Girard said their largest collection in 2015 was cardboard, collecting over 1 million pounds. Their second largest collection was newspapers, and the third was glass. Their total amount collected for all recycled materials for 2015 was up by 397,868 pounds. This estimates to be 8 semi-trailers more than what they did in 2014. Operating cost for the department in 2015 was $255,769.57.

 

A short discussion was held on trying to resolve the issue of the cardboard dumpsters overflowing on the weekends in Monticello. This is a problem and she is trying to find a solution

 

E911

E-911 Director Terri Brooks presented the Year End Report for 2015. Terri reported that she is fully staffed and she had a great year with keeping employees.

 

Stats 2015 2014

911 Wireless Calls 9,212 8,910

911 Landline 1,385 1,439

Admin. Calls 69,317 67,462

Total Calls: 79,914 77,811

 

Text to 911: 18

Text from 911: 833

 

Terri reminded the council that they need to make a decision on whether or not she can move forward with the radio project this year.

 

BUILDING DEPARTMENT

Area Plan Director Joe Rogers reported the commercial building permits were down 50% in 2015, but residential building permits were up 25%. A copy of the annual report was sent to everyone, including all board members, electronically and copies are available in his office if needed.

 

Director Rogers said a special meeting by the APC was held on January 14, 2016, approving an Assistant Director for the Area Plan Department with a base salary ranging from $40,000 to $43,000. On behalf of the APC, Director Rogers requested permission from the commissioners and council to allow them to fill this position.

 

Commissioner Diener said that he and Councilman Kramer attended the special meeting and this position is to facilitate the retirement of Director Rogers from the department. He said that they agreed to bring someone in that will have an opportunity to familiarize the new person with the comprehensive plan and the zoning ordinance rather than being trained in two weeks. This is something that could take anywhere from 3 – 9 months.

 

Councilman Anderson said there is money in their budget for a part-time person that can be used for this person’s salary.

 

Director Rogers asked for permission to allow the Auditor and the Council to come up with additional funds after the part-time budget is depleted.

 

  • Commissioner Diener made a motion to establish the Assistant Director’s position for the Area Plan Department, seconded by Commissioner Burton. Vote: Unanimous

 

  • Councilman Annis made a motion to approve the $40,000 to $43,000 salary range for the Assistant Director’s position. At a later date, the council will determine where the funds will be paid out of when the $22,000 part-time funds are depleted from the Area Plan budget, seconded by Councilman Davis. Vote: Unanimous



DATA SHARING ORDINANCE

County Attorney Loy presented the Data Sharing Ordinance to the commissioners for the second reading. He explained to the council that the ordinance must be approved by the commissioners, but the council will set the fees for the data sharing.

 

Area Plan Director Rogers explained the use of the ordinance and how it will protect the county.

 

  • Commissioner Burton made a motion to adopt Ordinance No. 16-01-19-02, ordinance creating White County geographic information system (GIS) data sharing procedures, process and standards, seconded by Commissioner Diener. Vote: Unanimous

 

ORDINANCE NO. 16-01-19-02

ORDINANCE CREATING WHITE COUNTY GEOGRAPHIC INFORMATION SYSTEM (GIS) DATA SHARING PROCEDURES, PROCESS AND STANDARDS

 

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.

 

HEALTH CLINIC IN WOLCOTT – COUNTY CONTRIBUTION

Commissioner Burton explained to the council that North Central Nursing Corporation is in the process of establishing a medical clinic in Wolcott. The Remington-Wolcott Community Development, Inc., (RWCD) have been working diligently on this project for over a year and they are now requesting assistance from the Town of Wolcott and White County. The RWCD will pay the upfront cost for the building, the Town of Wolcott is providing

 

$30,000 for start-up costs, and they are requesting $35,000 from the county as well for start-up costs. This type of facility is currently in Delphi and Monon.

 

County Attorney Loy presented a joint resolution that will authorize the county to grant RWCD $35,000, and also allow the commissioners to enter into an agreement with RWCD for those funds.

 

Councilman Kramer said the funds will be paid out of Wind Farm funds.

 

  • Councilman Anderson made a motion to approve White County Commissioners (Resolution No. 16-01-19-01) and Council (Resolution No. 2016-01-19-01) joint resolution approving Remington-Wolcott Community Development, Inc., grant agreement, seconded by Councilman Carter. Vote: Unanimous



  • Commissioner Burton made a motion to approve White County Commissioners (Resolution No. 16-01-19-01) and Council (Resolution No. 2016-01-19-01) joint resolution approving Remington-Wolcott Community Development, Inc., grant agreement, seconded by Commissioner Diener. Vote: Unanimous



  • Commissioner Burton made a motion to approve a contract with the Remington-Wolcott Community Development, Inc., for the $35,000 agreement, seconded by Commissioner Diener. Vote: Unanimous

 

WHITE COUNTY COMMISSIONERS’ RESOLUTION NO. 16-01-19-01

WHITE COUNTY COUNCIL RESOLUTION NO. 2016-01-19-01

WHITE COUNTY COMMISSIONERS’ AND COUNCIL JOINT RESOLUTION

APPROVING REMINGTON – WOLCOTT COMMUNITY DEVELOPMENT, INC. GRANT AGREEMENT

 

WHEREAS, the White County Commissioners and Council recognize the need for a public medical services clinic in western White County; and,

WHEREAS, it is the desire of the Remington-Wolcott Community Development, Inc. (“RWCD”) to purchase the office building at 128 W. Market Street, Wolcott, Indiana, formerly occupied by Dr. James K. Shields, M.D., for the purpose of establishing and staffing such a clinic; and,

WHEREAS, on December 18, 2015, the Carroll White REMC approved loaning RWCD funds necessary for the purchase of said building; and,

WHEREAS, RWCD requires additional funds for the purchase of necessary clinic equipment, computers, furniture, fixtures, supplies, and for other start-up costs; and,

WHEREAS, on December 28, 2015, the County Commissioners approved a grant of up to thirty-five thousand dollars ($35,000.00) to RWCD to assist in the funding of such purchases and costs; and,

WHEREAS, the Town of Wolcott has approved its own grant of thirty thousand dollars ($30,000.00) to RWCD for such purposes; and,

WHEREAS, there has been presented to the Commissioners a proposed Agreement Between Remington-Wolcott Community Development, Inc. and White County (the “Agreement”), for such grant monies from White County to fund such purposes, the terms of which are hereby approved.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commissioners and Council of White County, Indiana, as follows:

Section 1: That White County shall grant RWCD up to thirty-five thousand dollars ($35,000.00), subject to the terms of said Agreement.

Section 2: That the White County Commissioners are authorized and directed to execute said Agreement with RWCD.

 

 

 

 

 

There being no further business to come before the council, they adjourned to their own meeting room.

 

 

 

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

 

 

 

 

___________________________ _____________________________ ____________________________

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

 

 

 

 

 

ATTEST: _________________________

Gayle Rogers, Auditor