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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, June 6, 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, Vice President Steve Burton and Commissioner David Diener. Also present was the White County Attorney George Loy, White County Auditor Gayle Rogers and the Commissioners’ Assistant Donya Tirpak.

Commissioner Heimlich called the meeting to order.

MINUTES

  • Commissioner Diener made a motion to approve the minutes for the regular meeting held on May 16, 2016, seconded by Commissioner Burton. 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

 

PAVEMENT & BRIDGE ASSET MANAGEMENT PLAN - HWC

Brian Pohlar, Project Engineer, discussed funding that is available from the state for counties to use on paving additional roads or additional bridge work. The application process is open until July 15 and counties can apply for up to $1 million. In order to apply, counties must have a Pavement Asset Management Plan (PAMP) in place.

 

Mr. Pohlar presented a proposal for putting together the PAMP and to assist the county with applying for the additional funding. Their proposal came with two options:

 

Option A: $54,000

  1. Inventory all local roads and streets

  2. Evaluate the condition of all pavements.

  3. Use the condition evaluations to set priorities for projects and select alternative treatments.

 

HWC will utilize the Pavement Surface Evaluation and Rating (PASER) Manual to evaluate the surface condition of all streets in the county limits. Using the data collected, priorities and budgets will be developed for the future.

 

A 6-year plan (2016-2021) will be developed identifying what roads may be eligible for treatments. HWC will coordinate with the local GIS provider to provide files for upload to our GIS system, as well.

 

Option B: $28,000

HWC will provide all services listed above with the exception of the field work which includes driving the roads, obtaining road widths, evaluating the surface using the PASER system and noting any drainage issues that may be contributing to roadway deterioration. The county will provide all necessary field work to complete the PAMP spreadsheets.

 

Highway Superintendent Mike Kyburz said that he did receive another quote from a firm and their price was $58,000. He made the recommendation to go with HWC. He also requested permission to have HWC do a Bridge Asset Management Plan for an additional $6,000.

 

  • Commissioner Diener made a motion to accept the proposal for the PAMP, Option A, for $54,000 and the BAMP for $6,000, with HWC as presented, seconded by Commissioner Burton. Vote: Unanimous

 

 

PROPOSED SPEED LIMIT ORDINANCE – 2nd READING

White County Attorney George Loy said that the ordinance has been prepared based on Purdue’s Road Study and the Highway Superintendent’s recommendations. This is the second reading for the proposed ordinance and nothing has changed since the first reading.

 

Commissioner Heimlich asked if there was anyone present wishing to speak in regards to the proposed Speed Limit Ordinance.

 

Darin Griesey, 7596 N. West Shafer Drive, Monticello, appeared to express his concerns to the speed limit being raised on N. West Shafer Drive for safety reasons. He discussed how he grew up in the area and saw a lot of accidents on N. West Shafer Drive.

 

Commissioner Heimlich asked if the speed limit would drop around the curves, or would it remain 45 mph. Superintendent Kyburz said that he can put up a “suggested” lower speed limit sign of 30-35 mph notice attached to the curve sign.

 

Commissioner Diener said that he’s had one person opposed to raising the speed limit, and he’s had numerous people contact him in favor of raising the speed limit. He said that the local law enforcement has done a nice job enforcing the speed limit and he feels that they will continue with the new speed limits.

 

  • Commissioner Diener made a motion to adopt Ordinance No. 16-06-06-01, amending speed limits on West Shafer Drive , East Shafer Drive, Francis Street and County Road 175 N on the seconded reading, seconded by Commissioner Burton. Vote: Unanimous

 

ORDINANCE # 16-06-06-01

AN ORDINANCE AMENDING SPEED LIMITS ON WEST SHAFER DRIVE,

EAST SHAFER DRIVE, FRANCIS STREET AND COUNTY ROAD 175 N

WHEREAS, §70.02 of the White County Code of Ordinances provides that the maximum legal speeds allowed for travel on the roadways of the County is fifty-five (55) miles per hour, unless otherwise marked and designated by the White County Highway Department; and

 

WHEREAS, it has been determined by the White County Commissioners, upon the recommendation of the White County Highway Superintendent, and upon the basis of a Purdue University Speed Study Analysis, that the speed limits on certain portions of West Shafer Drive, East Shafer, Francis Street and County Road 175N be increased as hereinafter set forth.

 

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

 

SECTION 1. That the speed limit be raised to forty-five (45) miles per hour on West Shafer Drive, from County Road 225N 8.4 miles north to State Road 39 in Buffalo, Indiana.

 

SECTION 2. That the speed limit be raised to forty-five (45) miles per hour on East Shafer Drive, from Francis Street 8.6 miles north to County Road 775 North.

 

SECTION 3. That the speed limit be raised to thirty-five (35) miles per hour on Francis Street, from the Monticello city limits to East Shafer Drive.

 

SECTION 4. That the speed limit be raised to forty-five (45) miles per hour on County Road 175 North from State Road 39 to East Shafer Drive.

 

SECTION 5. That the White County Highway Superintendent is authorized and directed to mark and designate all signage required to implement this Ordinance.

 

SECTION 6. That the White County Sheriff’s Department office be immediately notified of the above speed limit amendments and the installation of regulatory signs.

 

SECTION 7. This Ordinance shall be in full force and effect from and after its approval and adoption.

 

PROPOSED INTERNAL CONTROL ORDINANCE – 2ND READING

Auditor Gayle Rogers said that the state has passed a new law requiring all Indiana political subdivisions to adopt the minimum level of internal control standards developed by the state board of accounts. The county must adopt an ordinance, train all employees, and implement policies and procedures consistent with their internal control risks.

 

Commissioner Heimlich asked if there was any questions regarding the proposed ordinance. No response.

 

  • Commissioner Burton made a motion to adopt Ordinance 16-06-06-02, Internal Control Standards Ordinance on the 2nd reading, seconded by Commissioner Diener. Vote: Unanimous

 

ORDINANCE NO. 16-06-06-02

WHITE COUNTY BOARD OF COMMISSIONERS

AN ORDINANCE ADOPTING INTERNAL CONTROL STANDARDS

 

WHEREAS the County of White, Indiana is an Equal Opportunity Employer, and

 

WHEREAS it is the intent of the County of White, Indiana to comply with applicable federal and State of Indiana employment laws and regulations, and

 

WHEREAS the County of White, Indiana provides White County employees with information about established terms and conditions of employment and employee benefits, and

 

WHEREAS the Indiana State Board of Accounts under Indiana Code IC 5-11-1-27(e) have defined the acceptable minimum level of internal control standards for internal control systems of political subdivisions, including: Control Environment, Risk Assessment, Control Activities, Information and Communication, and Monitoring.

 

NOW, THEREFORE BE IT ORDAINED AND ESTABLISHED BY THE COUNTY OF WHITE, INDIANA BOARD OF COMMISSIONERS THAT:

 

The internal control standards ordinance as established by IC 5-11-1-27(e) is hereby adopted this ____ day of ________________, 2016; and shall be in full force and effect from and after its passage, and shall supersede and repeal existing oral or written personnel policies and procedures.

 

NIPSCO ROAD

Highway Superintendent Mike Kyburz presented Addendum No. 2 for the NIPSCO Road project located on CR 25 E. The addendum refers to the Engineering Agreement with Donald W. Ward. The first addendum raised the contract to $70,000 to cover extra cost related to environmental deficiencies and violations with IDEM. This addendum raises the contract up to $95,000, to cover the remaining engineering work.

 

Commissioner Diener reminded everyone that NIPSCO put up the money to build this road, so the county has not invested any funds on this project.

 

  • Commissioner Diener made a motion to approve Addendum No. 2 for the Engineering Agreement for the NIPSCO Road project, seconded by Commissioner Burton. Vote: Unanimous

 

PROPOSED SMOKING ORDINANCE – 2ND READING

County Attorney Loy presented a revised Smoking Ordinance for the 2nd reading. The ordinance extends the state’s ban on smoking to the outside premises, banning smoking on all county owned/leased property, and banning smoking in all county owned vehicles. He explained that we can’t arrest someone for an ordinance violation, but we can call law enforcement and they can escort them off the property or issue them a ticket. There is a provision for a fine, which he feels is appropriate, and a provision concerning employees breaking the law.

 

Commissioner Diener stated that this is not an effort to create a revenue source for the county; it’s necessary to protect the health of the people that don’t smoke and the people that do.

 

  • Commissioner Diener made a motion to set the fine to $300 and adopt Ordinance No. 16-06-06-03, establishing a policy regarding tobacco smoking upon White County property and in vehicles and for the enforcement thereof on the 2nd reading, seconded by Commissioner Burton. Vote: Unanimous

 

ORDINANCE NO. 16-06-06-03

ORDINANCE ESTABLISHING A POLICY REGARDING TOBACCO SMOKING UPON WHITE COUNTY PROPERTY AND IN VEHICLES AND FOR THE ENFORCEMENT THEREOF

 

WHEREAS, I.C. 7.1-5-12 prohibits smoking of tobacco in certain public places, places of employment and other areas, in order to protect the health, welfare, comfort, and environment of nonsmokers from involuntary exposure to secondhand tobacco smoke; and

 

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

 

WHEREAS, smoking and secondhand tobacco smoke exposure results in sickness, death, lost production, additional insurance costs, additional maintenance and various other economic burdens and losses; and

 

WHEREAS, I.C. 7.1-5-12-13 permits a county or other governmental unit to adopt an ordinance more restrictive than I.C. 7.1-5-12; and

 

WHEREAS, the White County Board of Commissioners, after having considered the foregoing findings, further finds that an ordinance should be adopted establishing a policy regarding tobacco smoking upon County property and in County vehicles.

 

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

 

1. For the purpose of this ordinance, “smoking” shall be defined as in I.C. 7.1-5-12-3.

 

2. Smoking shall be prohibited in or upon all County owned or leased buildings, property

and vehicles. Warning signs shall be conspicuously posted 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”.

 

3. Each County elected official and Department Head shall ask any person found

smoking, in or upon any County owned or leased property or vehicle under his or her direct supervision, to immediately refrain from smoking or leave the property or vehicle.

 

4. Any person refusing a request to refrain from smoking in violation of this ordinance

may be subject to a fine in the sum of $300. A County employee violating this ordinance may also be subject to discipline under the White County Personnel Policies.

 

6. Copies of this ordinance shall be distributed by the Auditor to all employees and

elected officials of White County.

 

7. This Ordinance shall be in full force and effect from and after its passage and

adoption as required by law.

 

EMPLOYEE SMOKING & PARKING POLICY

Auditor Gayle Rogers submitted amendments to the Personnel Policy that will control the issues with smoking and parking around the courthouse. The policies do cover disciplinary actions that will take place if employees choose not to follow the rules. Violators of the policy will be subject to disciplinary action up to and including termination.

 

Commissioner Heimlich stated that they have been getting complaints from the city saying that businesses are complaining to them that county employees are parking around the courthouse on a regular basis all day.

 

  • Commissioner Diener made a motion to adopt the Employee Designated Parking Policy and Tobacco/Smoke Free Workplace Policy as amendments to the White County Personnel Policy, seconded by Commissioner Burton. Vote: Unanimous

 

REQUEST FOR GRANT FUNDS – RECYCLING DEPT.

Recycling Director Dawn Girard requested $5,104.42, from the county’s grant funds from the Northwest Indiana Solid Waste District to replace the transmission in the 2006 Ford F250.

 

  • Commissioner Burton made a motion to approve $5,104.42 from the county’s grant funds from the Northwest Indiana Solid Waste District, seconded by Commissioner Diener. Vote: Unanimous

 

SECURITY

White County Prosecutor Bob Guy appeared before the commissioners to bring to their attention that the video cameras were not working when they had an incident with a prisoner on the 3rd floor last week. He asked them to look into the issue.

 

Mr. Guy also brought up the discussion that was found in the Commissioners’ Minutes in 2010 where a policy was going to be put into place where the panic alarms were going to be tested on a regular basis. He’s not aware that this policy was ever adopted and asked the commissioners to address this issue immediately because the panic alarms need to be working properly and put into place.

 

And last but not least, Mr. Guy addressed the location of the port-a-potties being placed along the courthouse on the north entrance. He asked if the Environmental Officer had contacted them regarding a statement from the Indiana State Board of Health. He appreciates their efforts to assist the car club, but stressed the health hazards the port-a-potties are creating by being so close to the courthouse.

 

NEW VEHICLES

Community Corrections Director Alice Livesay said that she has received approval from the Community Corrections Advisory Board to purchase two new Jeep Cherokees and now she is seeking the commissioners’ approval. She has collected quotes from Gutwein Motors and Hendrickson’s, and she will be using funds from the Program User Fees to pay for the vehicles.

 

  • Commissioner Burton made a motion to allow Community Corrections to purchase two Jeep Cherokees as requested, 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, Vice President David Diener, Member

 

 

 

 

 

ATTEST: _________________________

Gayle Rogers, Auditor