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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, April 18, 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, County 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 as presented, seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

· Commissioner Burton made a motion to approve the payroll for April 18, 2016, seconded by Commissioner Diener. Vote: Unanimous

CLAIMS

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

AREA PLAN

Area Plan Director Joe Rogers presented the following rezoning petitions:

Rezone Petition #1047

A & L Dahlenburg Land, LLC is requesting to rezone 12.142 acres from an A-1 (General Agriculture District) to an A-2 (Agricultural Industry District). The property is currently located at 3327 W. 100 S. (Bldg. 1), and 3303 W. 100 S. (Bldg. 2), in Reynolds.

The Area Plan Commission held a public hearing on April 11, 2016, for this petition. At that time, the APC voted 10 Yea and 0 Nay to recommend this petition to the commissioners. There weren’t any strong objections at the public hearing.

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

Mike Veenhuizen, Livestock Engineering Solutions, appeared representing the petitioner Arnold Dahlenburg. He said that the purpose of the rezone is to build two CAFOs that will hold 4,600 pigs.

· Commissioner Diener made a motion to approve Rezone Petition #1047 (Ordinance No. 585-16) rezoning 12.142 acres to an A-2 for A & L Dahlenburg Land, LLC, seconded by Commissioner Burton. Vote: Unanimous

Rezone Petition #1048

Dahlenburg Farms LLC is requesting to rezone 12.142 acres from an A-1 (General Agriculture District) to an A-2 (Agricultural Industry District). The property is currently located at 2216 & 2238 E. Smithson Road in Monticello.

The APC held a public hearing on April 11, 2016, for this petition. At the time, the APC voted 10 Yea and 0 Nay to recommend this petition to the commissioners. There was one person opposing this request because they feel that the road, between 300 E. and to the CAFO, is not suitable for this type of traffic.

Director Rogers said that he has concerns with the residential setbacks being met. The applicant has agreed to move the building in order to meet the setbacks, if needed.

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

Mike Veenhuizen, Livestock Engineering Solutions, appeared representing the applicant, Dahlenburg Farms LLC. He said that the purpose of the rezone request is to build two CAFOs that will hold 4,600 pigs. He said that the Highway Department has recommended a logical route to support the operation without impacting the county roads. A copy of the letter from the Highway Department was submitted with the commissioners’ packet. He is also working with the owners to meet the setbacks.

· Commissioner Diener made a motion to approve Rezone Petition #1048 (Ordinance No. 586-16) rezoning 12.142 acres to an A-2 for Dahlenburg Farms LLC, seconded by Commissioner Burton. Vote: Unanimous

 

Amendment to Zoning Ordinance #48 – CH 2 A-2 Standards & CH 3 CFO/CAFO Developmental and Use Standards

Director Rogers presented the following proposed amendments to the Zoning Ordinance:

 

Chapter 2

2.5.2 A-2 Agricultural Industry District

A. Purpose and Intent

The purpose of the A-2 Agricultural Industry District is to provide adequate land for more intense agricultural uses and agricultural related industries. This includes, but is not limited to: confined feeding operations, digesters and livestock auction yards. Residential subdivisions are prohibited in order to prevent conflicts with the otherwise intense uses intended for an A-2 District. Physical separation between an A-2 District and other residential and non-residential districts may also be necessary in order to further reduce conflicts between otherwise incompatible land uses, to the extent that all future A-2 Districts will require a rezoning to provide for an additional layer of review for the purposes of adequately addressing any issues specific to a proposed use.

B. Setbacks

For the purpose of satisfying the setback requirements of this Section, any building or structure used in conjunction with an existing Digester or CFO/CAFO, shall be allowed to expand or reconstruct facilities, their zoning district boundaries and/or operations as long as such expansion or reconstruction occurs no closer to the setback standards points than those physically in place as of July 1, 2016 or as provided below, whichever are least restrictive.

The setback requirements established by this Section shall not be applied to any new residential construction or rezoning occurring after July 1, 2016, excluding reconstruction on a site with existing residential use.

All Setbacks shall be measured from the property lines of the A-2 District parcel for purposes of this Section.

1. Those structures used in confined feeding operations, auction yards and digester operations A-2 district shall have a setback of one thousand three hundred twenty (1,320) feet from any other non-agricultural district, residence or business, unless located on the same property.

2. The District cannot be located within one (1) mile of an incorporated municipality or the unincorporated town areas of Idaville and Buffalo utilizing such boundary lines as provided for on the White County Official Zoning Map.

3. The District cannot be located within one and one-half (1 ½) miles from any Lake Shafer, Big Monon, Tippecanoe River or Lake Freeman shoreline boundary as provided for on the White County Official Zoning Map.

4. The District cannot be located within one thousand seven hundred sixty (1,760) feet from the property line of any parcel of land legally platted within a recorded subdivision and which subdivision has at least six (6) lots developed with residential dwelling units.

C. All A-2 District uses must provide documentation demonstrating compliance with all Local, State and Federal laws, codes and ordinances including valid permits in cases where permits are required prior to issuance of any Improvement Location Permits or Building Permits.

D. All applicants, developers, landowners who develop any use in this district or within one (1) mile of this district shall be required to enter into an agreement acknowledging the County’s Right to Farm Ordinance provisions.

E. Major drainage system and water wells shall be in compliance with IDEM standards.

F. Setbacks shall not apply to fences for areas where animals graze.

G. For subdivision of parcels into new parcels, lots or tracts refer to the White County Subdivision Control Ordinance.

H. Right to Waiver:

The setback standard for “distance to a residence”, provided for in Subsection 3.17.1 & 2.5.2 B. 1 of this Ordinance, is subject to waiver under the guidelines provided for in this Section. A parcel with a waiver exempts the residence which is located upon that parcel from consideration in determining compliance to the standards established by Subsections 3.17.1 & 2.5.2 B. 1 of this Ordinance.

For the purposes of this section, a “Subject Parcel” is defined as:

1) A parcel of land designated with an A-2 District zoning assignment;

2) A parcel of land for which a rezone petition to change a parcel of land to an A-2 District zoning assignment has been officially filed with the Area Plan Department; or,

3) A parcel of land with an A-1 District zoning assignment and upon which a confined feeding operation has been grandfathered.

A. The owner of a Subject Parcel may request a waiver for a parcel of land with a unique Parcel Identification Number; hereafter referred to as a “PIN Parcel”, under the following conditions:

1) The owner of the PIN Parcel is an individual or entity with legal connections to the Subject Parcel and/or its land use;

2) The PIN Parcel must be utilized, at least in part, for residency purposes;

3) The PIN Parcel must be designated with an RR, A-1 or A-2 zoning

district;

4) Only one (1) PIN Parcel can be granted waiver rights in association with any given Subject Parcel;

5) The Waiver request must be submitted to the Area Plan Department on a form approved by the Staff; and,

6) Upon approval of the request by the Staff, the form must be recorded in the White County Recorder’s Office by a party affiliated with the request and a copy of the recorded document provided to the Staff, all expenses of which are the responsibility of the party requesting the waiver.

A Waiver runs with the land until such time as an owner of the affected property revokes the Waiver via written notification to the Area Plan Department. Revocation of the Waiver does not affect a District assignment or Confined Feeding facilities established during the period of time the Waiver was in effect.

3.17 CFO AND CAFO ADDITIONAL DEVELOPMENTAL AND USE STANDARDS FOR ALL A-1 & I-2 DISTRICTS

IN THE INTERESTS OF PROVIDING THE APPROPRIATE PHYSICAL SEPARATION BETWEEN CFO/CAFO OPERATIONS AND RESIDENTIAL USES AND NON RESIDENTIAL DISTRICTS WHILE ACCOMMODATING THE FUTURE NEEDS OF THESE ACTIVITIES, OF PROTECTING THE PUBLIC HEALTH, SAFETY AND WELFARE, AND TO LESSEN INJURY TO PROPERTY, ALL CFO/CAFO USES PREVIOUSLY ESTABLISHED OR PLACED INTO OPERATION AFTER THE DATE THIS SECTION BECOMES EFFECTIVE SHALL COMPLY WITH THE ADDITIONAL STANDARDS PROVIDED FOR IN THIS SECTION. THESE STANDARDS ARE IN ADDITION TO ANY OTHER STANDARDS PROVIDED FOR IN THIS ORDINANCE.

3.17.1 Setbacks: Minimum setbacks for expansion of an existing CAFO operation shall be established as the setbacks actually in place at the time Section 3.17 is adopted or as provided below, whichever are less restrictive. For the purpose of satisfying setback requirements established by this Section, any building or structure used in conjunction with an existing Digester or CFO/CAFO in an A-1 or I-2 District, shall be allowed to expand or reconstruct facilities and/or operations as long as such expansion or reconstruction occurs no closer to setback points than those physically in place as of July 1, 2016 or as provided below, whichever are least restrictive.

3.17.1 The setback requirements established by this Section shall not be applied to any new residential construction or rezoning occurring after July 1, 2016, excluding reconstruction on a site with existing residential use.

All Setbacks shall be measured from the property lines of the District parcel for purposes of this Section.

3.17.2 A. The District cannot be located within one (1) mile of an incorporated municipality or the unincorporated town areas of Idaville and Buffalo, utilizing such boundary lines as provided for on the White County Official Zoning Map;

B. The District cannot be located within one and one-half (1 ½) miles from any Lake Shafer, Big Monon, Tippecanoe River or Lake Freeman shoreline boundary as provided for on the White County Official Zoning Map;

C. The District cannot be located within one thousand seven hundred sixty (1,760) feet from the property line of any parcel of land legally platted within a recorded subdivision and which subdivision has at least six (6) lots developed with residential dwelling units.

D. Those structures used in confined feeding operations, auction yards and digester operationse district shall have a setback of one thousand three hundred twenty (1,320) feet from any other non-agricultural district, residence or business, unless located on the same property.

3.17.3 IDEM: Confined Feeding Operations shall have Indiana Department of Environmental Management (IDEM) approval prior to issuance of an Improvement Location Permit or Building Permit. All major drainage system and water wells shall be in compliance with IDEM standards.

3.17.2

The APC held a public hearing on the proposed amendments on April 11, 2016. At that time, the APC voted 10 Yea and 0 Nay to recommend the amendments to the commissioners.

Commissioner Heimlich asked if there was anyone present wishing to speak about the amendments to the Zoning Ordinance. No response.

Commissioner Heimlich discussed how these amendments were something that a lot of people felt strongly about. Highlighting the major changes, he discussed the setbacks for A-2 zonings (CAFOs in particular) being set to a mile and a half from the shoreline, and also addressing an agricultural concern of residential(s) intruding into agricultural areas. From this point on, new residential in A-1 and A-2 zonings will not have the setback protection that they currently have in those areas.

Commissioner Diener commended Director Rogers, his staff and APC members for the time and effort that they put together to work this out.

· Commissioner Diener made a motion to approve Amendment to Zoning Ordinance #48, (Ordinance No. 16-04-18-01) as presented, seconded by Commissioner Burton. Vote: Unanimous

ORDINANCE NO. 16-04-18-01

AMENDMENT TO THE ZONING ORDINANCE OF WHITE COUNTY STATE OF INDIANA

WHEREAS, the White County Area Plan Commission has initiated and prepared this ordinance to amend the White County Zoning Ordinance pursuant to IC 36-7-4-602(c) and IC 36-7-4-607;

WHEREAS, the White County Area Plan Commission has reported that it held a public hearing concerning this ordinance on April 11, 2016, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana at least 10 days prior as required by IC 36-7-4-604;

WHEREAS, the White County Area Plan Commission has reported that it paid reasonable regard to the factors enumerated in IC 36-7-4-603 in consideration of the ordinance and determination or recommendation to be made to the legislative body of White County;

WHEREAS, the White County Area Plan Commission has certified this ordinance to the legislative body with a recommendation by a majority vote in favor of adoption pursuant to IC 36-7-4-603 before acting on this ordinance amendment;

WHEREAS, the legislative body recognizes that the ordinance is required for the reasons summarized below;

WHEREAS, the legislative body has determined that this ordinance should be adopted without amendment as certified by the White County Area Plan Commission pursuant to IC 36-7-4-607; therefore,

BE IT ORDAINED AND ADOPTED BY THE LEGISLATIVE BODY OF WHITE COUNTY, INDIANA:

AMENDING CHAPTERS: Chapter 2-District Boundaries and Standards: 2.5 Standards and Regulations by District: 2.5.2 A-2 Agricultural Industry District and Chapter 3- Specific Use Requirements & Performance Standards: 3.17 CFO and CAFO Additional Developmental and Use Standards: 3.17.1 Setbacks; 3.17.2 District Location to Incorporated Municipality or Unincorporated Towns; 3.17.3 IDEM

The purpose of this amendment is to create appropriate buffers of separation from agricultural industry uses and non-agricultural activities. The amendment also provides protection from agricultural industry to lake area properties and subdivisions of concentrated housing.

REPORTS

At this time, Council President Butch Kramer called the council members to order in joint session with the commissioners. Council members present:

President Butch Kramer Jim Annis Arthur Anderson

Denny Carter Casey Crabb Bruce Clear

Councilman Jim Davis was absent.

RECYCLE

Director Dawn Girard submitted a copy of her collections report. She reported that newspapers are down about 40,000 pounds, but cardboard has picked up about that much.

ECONOMIC DEVELOPMENT

President Randy Mitchell submitted a Business Summary for year-to-date.

Mr. Mitchell discussed leads for the Shell Building, thirty-eight new jobs opening up with our existing businesses and two new businesses opening up in White County. New billboards on I-65 and attraction/quality of life videos translated into Japanese will be put into place in May, June and July.

ENVIRONMENTAL

Environmental Officer Jim Reynolds submitted the Environmental Report for April.

· Received 75 calls/complaints on various issues.

· Issued 3 septic permits

· Made 7 landfill inspections.

· Assisted IDEM with a chemical spill at Indiana Beach.

COUNCIL ON AGING

Gale Spry, Director, presented the Quarterly Operating Data report. She reported that there were 3,142 trips made in the first quarter.

Director Spry requested permission to apply for the 2017 state and federal funding grant for the Public Transit, which is due June 20. The federal allocation for 2017 is looking to be $124,298 and the state could be $48,716. This will be a $4,000 increase compared to the past.

· Commissioner Diener made a motion to allow Council on Aging to make the grant application for 2017 funding for Public Transit, seconded by Commissioner Burton. Vote: Unanimous

RESOLUTION NO. 16-04-18-02

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.

BUILDING DEPARTMENT

Director Joe Rogers reported 27 inspections were done in March. Permits are slightly up compared to last year. The Building Inspector has taken another job and they are in the process of replacing his position. For the next two weeks, inspections will be sporadic. The new Assistant Director will be starting May 2 and when he comes on board, Director Rogers would like to revise the Fee Schedule with the commissioners. He also asked permission to move forward with evaluating and selecting a permit software package so they can have a dollar amount to present to the council at budget time for their department.

The commissioners gave him permission to move forward with the fee schedule and the permit software search.

LTAP WHEEL TAX

Pat Conner, Research Manager with Indiana’s Local Tax Technical Assistance Program from Purdue (LTAP), appeared before the commissioners and council to explain Local Option Highway User Tax (LOHUT). The Indiana legislature approved and implemented the tax in 1980 to help local governments raise money for their roads and bridges.

Mr. Conner explained that LOHUT contains two different taxes: county motor vehicle excise surtax and a county wheel tax. Both taxes must be adopted together; you cannot have one without the other. The county can choose to enact a flat amount for an excise tax between $7.50 to $25.00 per vehicle, which applies to cars, trucks under 11,000 pounds, motorcycles and motor driven cycles, or mopeds. If the county has an asset management plan then they can charge a maximum of $50.00 per vehicle. The other option for the county would be to adopt an ordinance that charges 2% - 10% of the excise tax (20% with an asset management plan). The wheel tax is a tax that applies to vehicles not subject to the excise tax. That list includes trucks weighing over 11,000 pounds, trailers, RVs, semi-tractors, semi-trailers, tractors, and buses. The wheel tax is assessed per vehicle, not per wheel. Wheel tax can range between $5.00 and $40.00 ($80.00 with an asset management plan). Exempt vehicles are vehicles owned by a state, local, or town entity or vehicles registered to religious organizations.

Mr. Conner pointed out that if the county wanted to adopt an ordinance and start collecting on the money as soon as possible, we would need to adopt an ordinance by June 30, 2016, to collect on the wheel tax in January 2017. If the ordinance is adopted after July 1, 2016, then we can’t collect until January 1, 2018.

COUNTY BELL

Commissioner Diener updated the council on the County Bell project that will be taking place on the southwest corner of the Courthouse lawn. He told them that the project will cost $75,000 and the funds will be paid out of the Cumulative Capital Fund. The commissioners were open to any comments or opinions from the council.

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

PLAT BOOKS

Auditor Rogers said that the other departments (Surveyor, Area Plan, and Assessor) are in agreement to stop updating the Plat Books in the Auditor’s Office effective June 30, and to adopt the GIS as their new Plat Books. They will have the old books digitized so they could be available to the public online.

· Commissioner Burton made a motion to use the GIS as the new official Plat Books effective July 1, 2016, seconded by Commissioner Diener. Vote: Unanimous

2017 CALENDAR- PAYROLL, CLAIMS, MEETINGS & HOLIDAYS

· Commissioner Diener made a motion to approve the 2017 Calendar for payroll, claims, meetings and holidays as follows, seconded by Commissioner Burton. Vote: Unanimous

HOLIDAYS

Monday, January 2 New Year’s Day

Monday, January 16 Martin Luther King, Jr. Day

Monday, February 20 President’s Day

Friday, April 14 Good Friday

Monday, May 29 Memorial Day

Monday, July 3 & Tuesday, July 4 Independence Day

Monday, September 4 Labor Day

Monday, October 9 Columbus Day

Friday, November 10 Veterans’ Day

Thursday, November 23 & Friday, November 24 Thanksgiving

Monday, December 25 & Tuesday, December 26 Christmas

CLAIMS DUE CLAIMS PAID

January 3 January 17 - Tuesday

January 17 February 6

February 6 February 21 - Tuesday

February 21 March 6

March 6 March 20

March 20 April 3

April 3 April 17

April 17 May 1

May 1 May 15

May 15 June 5

June 5 June 19

June 19 July 5 – Wednesday

July 5 July 17

July 17 August 7

August 7 August 21

August 21 September 5 - Tuesday

September 5 September 18

September 18 October 2

October 2 October 16

October 16 November 6

November 6 November 20

November 20 December 4

December 4 December 18

December 18 January 2, 2018 - Tuesday

Meetings

Commissioners only Commissioners & Council

Tuesday, January 3 Tuesday, January 17

February 6 Tuesday, February 21

March 6 March 20

April 3 April 17

May 1 May 17

June 5 June 19

Wednesday, July 5 July 17

August 7 August 21

Tuesday, September 5 September 18

October 2 October 16

November 6 November 20

December 4 December 18

PAYROLL

Pay (260 working days in 2017)

Period Dates Worked Turn in: To be paid on:

Monday

1 Dec 19 to Jan 1 Tues Jan 3rd 16-Jan ML King Day

2 Jan 2 to Jan 15 Tues Jan 17th 30-Jan

3 Jan 16 to Jan 29 Mon Jan 30th 13-Feb

4 Jan 30 to Feb 12 Tues Feb 13th 27-Feb

5 Feb 13 to Feb 26 Mon Feb 27th 13-Mar

6 Feb 27 to Mar 12 Mon Mar 13th 27-Mar

7 Mar 13 to Mar 26 Mon Mar 27th 10-Apr

8 Mar 27 to Apr 9 Mon Apr 10th 24-Apr

9 Apr 10 to Apr 23 Mon Apr 24th 8-May

10 Apr 24 to May 7 Mon May 8th 22-May

11 May 8 to May 21 Mon May 22nd 5-Jun

12 May 22 to Jun 4 Mon Jun 5th 19-Jun

13 Jun 5 to Jun 18 Mon Jun 19th 3-Jul Independence Day

14 Jun 19 to Jul 2 Wed Jul 5th 17-Jul

15 Jul 3 to Jul 16 Mon Jul 17th 31-Jul

16 Jul 17 to Jul 30 Mon Jul 31st 14-Aug

17 Jul 31 to Aug 13 Mon Aug 14th 28-Aug

18 Aug 14 to Aug 27 Mon Aug 28th 11-Sep

19 Aug 28 to Sep 10 Mon Sep 11th 25-Sep

20 Sep 11 Sep 24 Mon Sep 25th 9-Oct Columbus Day

21 Sep 25 to Oct 8 Tues Oct 10th 23-Oct

22 Oct 9 to Oct 22 Mon Oct 23rd 6-Nov

23 Oct 23 to Nov 5 Mon Nov 6th 20-Nov

24 Nov 6 to Nov 19 Mon Nov 20th 4-Dec

25 Nov 20 to Dec 3 Mon Dec 4th 18-Dec

26 Dec 4 to Dec 17 Mon Dec 18th 1-Jan New Year’s Day

27 Dec 18 to Dec 31 Tues Jan 2nd 15-Jan

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