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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, February 1, 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 Diener. Also present was Auditor Gayle Rogers and the Commissioners’ Assistant Donya Tirpak. County Attorney George Loy was absent.


Commissioner Heimlich called the meeting to order.



  • Commissioner Burton made a motion to approve the minutes from the regular meeting held on January 19, 2016, seconded by Commissioner Diener. Vote: Unanimous



  • Commissioner Diener made a motion to approve the payroll for February 1, 2016, seconded by Commissioner Burton. Vote: Unanimous



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



Commissioner Diener said he received information back from DEBCO Metal Culverts on the tubes under the Bedford Bay Bridge. He said there is a possibility of doing a culvert design, but before work can be done they need a survey and some engineering done. He asked if HWC Engineering can do the work. Highway Superintendent Kyburz said that he will contact HWC and let them know what the county is wanting to do.



Commissioner Heimlich announced that the White County Food Pantry has filed a petition to vacate an alley that sits between their two properties. This petition has been legally advertised and now a public hearing will begin for this request.


Commissioner Heimlich asked if anyone was present to speak about the petition.


Area Plan Director Rogers said the Food Pantry would like to expand their parking lot and in order to do this, they need to vacate the alley that sits between the two parcels that they currently own. Once the alley is vacated, he will be able to combine the two parcels so they can develop a parking lot that will be compliant with the zoning ordinance.


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


At this time, Commissioner Heimlich announced that the public hearing is closed.


  • Commissioner Diener made a motion to approve Ordinance No. 16-02-01-01, vacating a portion of an alley and public way located between Lots 6 & 7 in Mount Walleston, commonly known as Norway Subdivision, in Union Township, White County, Indiana, seconded by Commissioner Burton. Vote: Unanimous


ORDINANCE NO. 16-02-01-01







WHEREAS, the White County Food Pantry, Inc. (the “Petitioner”), has duly filed its Petition to Vacate a portion of an alley and public way in Union Township, White County, Indiana, with the White County Commissioners pursuant to I.C. §36-7-3-12; and


WHEREAS, the proposed vacation of said area will not:

(i) Hinder the growth or orderly development of any contiguous neighborhoods;

(ii) Make access to the lands of any person difficult or inconvenient;

(iii) Hinder the public access to a church, school or other public building or place; or

(iv) Hinder the use of a public way by the neighborhood in which it is located or contiguous.


WHEREAS, notice of the filing of said Petition and of the time and place of the hearing thereon was duly given in the manner prescribed by law, and;


WHEREAS, the White County Commissioners, at a public hearing held on February 1, 2016, considered all evidence in support thereof, and there being no objections to said proposed vacation, and after due consideration;


NOW THEREFORE, BE IT HEREBY ORDAINED by the Board of Commissioners of White County, Indiana, that:


SECTION I: The following described portion of an alley and public way, located in White County, Indiana, to-wit:


Part of an alley in the Original Plat of the Town of Norway in Union Township, White County, Indiana described by:


Beginning at a half inch iron pipe capped with RLH I.D. at the Southwest corner of Lot 6 in said plat; thence South 53º03’00” East 119.80 feet to a half inch iron pipe capped with RLH I.D. at the Southeast corner of said Lot 6; thence South 37º07’27” West 15.00 feet to the Northeast corner of Lot 7 in said plat; thence North 53º 03’00” West 119.83 feet to the Northwest corner of said Lot 7; thence North 37º 13’12” East 15.00 feet to the point of beginning


is hereby vacated and fee simple title to said vacated real estate is hereby set off to the White County Food Pantry, Inc. A map depicting said vacated portion is shown on Exhibit “A” attached hereto and made a part hereof.


SECTION II: That a copy of this Ordinance shall be entered into the records of the White County Auditor and thereafter recorded in the Office of the White County Recorder.


SECTION III: That this Ordinance shall be in full force and effect from and after its passage.



Commissioner Heimlich discussed the recent articles that have been published in the paper regarding e-coli found in private wells. To explain what the county’s responsibility is on this matter, he asked Jim Reynolds, Environmental Officer, to come in and explain.


Jim Reynolds, Environmental Officer, discussed how he was contacted by an individual that complained that a farmer was spreading manure on a field too close to a private well. This person also collected water samples from a ditch and a private well, near Stahl Road, saying that they tested positive for e-coli. Due to the complaints, he contacted IDEM to find out what the setback requirements are on farmers injecting manure near private and public wells. IDEM did come out and do an inspection, and found that there were no violations made. He said the county does not permit or regulate private wells; that responsibility is up to the homeowner.


Commissioner Diener said that he was a plumbing contractor for 40 years and he has dealt with wells and water systems in this area. He said it’s not uncommon at all for water to test poorly for any number of reasons. Most times the issue is that the homeowner doesn’t really know too much about their well. They don’t know the size, location, or even the type. Homeowners also don’t know the proper ways of obtaining water samples. There are so many things that can create bacteria issues in wells that have nothing to do with agriculture, CAFO’s, runoff or anything else. He discussed many ways how bacteria will develop in wells. Homeowners that have private wells, must maintain them with maintenance and care to keep their water safe.


Environmental Officer Reynolds presented a packet of test results from IDEM showing that the manure that was injected into the field near Stahl Road, which was from the digester at Bio-Town Ag, in Monon, tested negative for e-coli.


Brian Furrer, President of Bio-Town Ag, said that he has read in the paper the accusations that they were spreading manure containing e-coli too closely to private wells and contaminating them. He discussed the extensive testing, per IDEM regulations that they do on an annual basis testing for all kinds of toxic potentials. To date, these tests have come back negative for any type of hazardous substance. They are not required to test for e-coli, but they do so they know exactly what they are injecting into the fields. He said that from September through December they only applied waste out of one lagoon and the test from that lagoon came back negative. The levels of fecal coliform that they are finding in the substance in the organic fertilizer that they are spreading on the fields cannot possibly be creating high levels of fecal coliform or e-coli that you are seeing.


Commissioner Heimlich said there can be a lot of different reasons for e-coli contamination and suggested having IDEM come to a meeting to explain what they do.


Bonnie Woods said that they are not asking the county to fix the private wells; she just wants to give the county the information so they know what is happening in the Stahl Road subdivision. She said that everyone needs to work together to solve these issues.



Commissioner Heimlich said that a bidder contacted them after the last meeting, on January 19, and said that they turned in a bid for the Highway Department that was not opened/accepted. The bid was misplaced and now it has been found. Luckily, the bid had a file stamp showing that it was received before the deadline.


Commissioner Heimlich accepted the unopened bid for the following:


TA 3500 Gallon Distributor

Southeastern Equipment Co., Inc., Fort Wayne, IN $201,100.00 Bid Bond


Highway Superintendent Mike Kyburz made the recommendation to accept and award the bids from the following:


Single Axle Truck

Great Lakes, Portage, IN $ 85,370.00


Tandem Axle Truck

Great Lakes, Portage, IN $ 94,089.00


MFWD Tractor

Both bids were denied.



TA 3500 Gallon Distributor

Southeastern Equipment Co., Inc., Fort Wayne, IN $201,100.00


Superintendent Kyburz said that all these bids were submitted according to the specifications and they also were the low bids. The bids submitted for the MFWD Tractor were not acceptable because they did not submit a bid bond.


  • Commissioner Diener made a motion to accept all the low bids that were recommended by the Highway Superintendent and to deny the bids that were submitted for the MFWD Tractor, seconded by Commissioner Burton. Vote: Unanimous



Craig Shroyer, American Structurepoint, submitted a letter requesting the commissioners to approve a change order for 6th Street. The time waiver change order is written so that Rieth-Riley will not incur any liquidated damages due to a delay on INDOT’s part. This is a zero dollar change order that has been written to finalize the project.




  • Commissioner Burton made a motion to approve Change Order No. 013 as presented, seconded by Commissioner Diener. 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