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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, May 2, 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.


· Commissioner Diener made a motion to approve the minutes from the regular meeting held on April 18, 2016, seconded by Commissioner Burton. Vote: Unanimous


· Commissioner Burton made a motion to approve payroll for May 2, 2016, 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


John Koppelmann, SFLECC - Lakes Level Task Force Chairman, informed the commissioners that the Federal Energy Regulatory Commission, FERC, will be coming to Monticello on May 10 to hold a public meeting from 6 p.m. – 9 p.m. at The Sportsman. This is the process for FERC and US Fish and Wildlife to try to come to a resolution on the lake levels and what US Fish and Wildlife are trying to do during a low flow situation. This is an opportunity for the community to voice their concerns and ask questions about FERCs Environmental Assessment draft that came out in October. He encouraged everyone to attend to support the lakes being lowered.


Highway Superintendent Mike Kyburz submitted a zero dollar contract supplement from HWC Engineering to revise the fracture critical inspections to account for Bridge 156 being closed and not requiring a fracture critical inspection.

· Commissioner Burton made a motion to approve LPA- Consulting Contract Supplemental Agreement No. 2 as presented, seconded by Commissioner Diener. Vote: Unanimous


County Attorney George Loy submitted a draft Land Lease, Operation and Maintenance Agreement for drainage purposes for the Shell Building. He said county engineers have concluded that for drainage purposes, it would be best to use the existing TP&W detention lagoons that were constructed in 1984 for drainage of the Shell Building. The lagoons are in disrepair and need to be brought up to specifications to accommodate future drainage needs. Negotiations have been going on for several months now between the County and TP&W for a 30-year agreement where the County will be responsible for the enhancement and maintenance of the lagoons that will provide drainage for the Mid-America Commerce Park.

· Commissioner Diener made a motion to accept the draft of the TP&W Land Lease, Operation and Maintenance Agreement contingent on technical, maintenance, operational and mapping portions, seconded by Commissioner Burton. Vote: Unanimous


Commissioner Diener said that there is a problem with employees smoking around the courthouse and in the basement. Employees seem to think that the previous recommendations that were made by the commissioners, don’t apply to them. A proposed Smoking Ordinance was presented making it pretty clear that smoking will not be allowed on county property, in county buildings or in any county vehicle.

Commissioner Heimlich said that they passed an ordinance in 2012 that basically confirmed what the state outlawed as far as smoking in public buildings. Apparently, employees are questioning whether or not the shack in the basement is considered in the building.

ORDINANCE NO. 16-05-02-01



WHEREAS, the General Assembly requires that local government regulate smoking of tobacco in certain enclosed indoor areas to protect the health, welfare, comfort, and environment of nonsmokers; and

WHEREAS, the purpose of the Indiana Clean Indoor Air Law is to protect and promote public health from involuntary exposure to tobacco smoke; and

WHEREAS, the Environmental Protection Agency has found that secondhand tobacco smoke is a Group A carcinogen and a dangerous airborne carcinogen; and

WHEREAS, the cost to our society resulting from tobacco smoke is paid in sickness, death, lost production, additional insurance, additional maintenance and an economic loss; and

WHEREAS, the Board of County Commissioners, after having considered the facts about involuntary exposure to tobacco smoke, the requirements of the Indiana Clean Indoor Air Law finds an ordinance must be adopted to promote the public health and general welfare.

BE IT ORDAINED, by the Board of Commissioners of White County, Indiana that

1) Smoking of tobacco shall be prohibited inside all county owned or leased buildings and vehicles. Signs shall be posted in conspicuous places throughout every building that prohibit smoking. In every county office that issues county vehicles a sign shall be posted that reads “Smoking inside county vehicles is prohibited”.

2) Smoking is prohibited on all county owned or leased property.

3) All ash trays and smoking paraphernalia shall be removed from all areas which are the subject of this Order.

4) Each elected officer and Department Head shall ask any person found smoking in any area under his or her direct supervision, or on county owned or leased property, to refrain from smoking.

5) Any person who refuses a request to refrain from smoking in violation of this Order shall be asked by the elected officer or Department Head to leave the building or property. In the event of such person’s refusal to do so, assistance of law enforcement shall be requested.

6) Copies of this Order shall be distributed by the Auditor to all employees and elected officers of White County together with written material which explains the Act, and which has been approved by the Board of Commissioners.

This Ordinance shall be effective May ____, 2016, after legal publication and its passage by the County Commissioners.

The ordinance was presented for the first reading and will be considered for the second reading at the next commissioners’ meeting.


County Attorney Loy said that the Indiana legislatures are now requiring all municipalities to establish a Materiality Policy. Indiana State Board of Accounts (SBOA) is short on help and they can’t audit every entity on a regular basis. The Indiana legislature has enacted a number of statutes requiring municipal entities to be somewhat self-report. This policy requires the county to report to SBOA any loss of property or loss of cash. He said that the City of Monticello has adopted the ordinance and they have set the threshold for $2,000 on property or $200 in cash. Delaware County has set their cash loss (one time) at $500, or reoccurring at $50, and their property loss at $1,000.

Attorney Loy said that he will draft a policy/ordinance for the County Auditor to present to the Commissioners.


White County Auditor Gayle Rogers presented a 2016 Tax Sale Services Addendum and Work Plan for the upcoming tax sale season. The addendum states that the county agrees to bill each property owner a fee of $75 for each parcel listed, instead of $70 per parcel, as stated in the contract.

The commissioners decided to take the addendum under advisement.

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