Get Adobe Flash player



BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Tuesday, September 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’ Executive Assistant Donya Tirpak.

 

MINUTES

  • Commissioner Diener made a motion to approve the minutes from the regular meeting held on August 15, 2016, seconded by Commissioner Burton. Vote: Unanimous

 

PAYROLL

  • Commissioner Burton made a motion to approve payroll for September 6, 2016, as presented, 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

 

EMA APPOINTMENT

A letter from the Emergency Management Advisory Council was submitted saying that Roger Woods is resigning from the board due to medical reasons and the board is now recommending the commissioners to appoint Chad Mayhill.

 

  • Commissioner Burton made a motion to appoint Chad Mayhill to the EMA Council with a term expiring December 31, 2019, seconded by Commissioner Diener. Vote: Unanimous

 

HIGHWAY DEPARTMENT

Highway Superintendent Mike Kyburz said that the county was awarded the Community Crossing grant for $1 million. He will be attending a meeting next Wednesday with INDOT on how to keep track of the funding. He’s hoping to get some of the work done this year.

 

NEIGHBORHOOD SIGNS

Nikki Diggs, 1313 Indian Hills, appeared before the commissioners asking why the county removed the signs in their neighborhood that warned drivers that there were children in the neighborhood.

 

County Attorney Loy said that the federal government has recommended that these type of signs not be used anymore because they are a liability issue to the county. The use of them has been used in court by saying that the county allows kids to run on the streets. She asked if there was something else that the county could put up to make people more cautious and aware of the children. Discussion was made about putting up another speed limit sign. The commissioners said that they will have the Highway Department take a look at the area.

 

RESOLUTION – COMMISSIONERS’ TAX CERTIFICATE SALE

White County Auditor Gayle Rogers reported that there were 11 parcels that did not sell at the tax sale last week. She presented a resolution stating that the commissioners will hold a Commissioners’ Tax Certificate Sale for the 11 parcels at a later date.

 

  • Commissioner Diener made a motion to adopt Resolution No. 16-09-06-01, establishing the intent to conduct a commissioners’ sale to sell tax sale certificates for properties that are severely delinquent in payment of property taxes, seconded by Commissioner Burton. Vote: Unanimous

 

 

 

 

 

 

RESOLUTION 16-09-06-01

 

A RESOLUTION ESTABLISHING THE INTENT TO CONDUCT A COMMISSIONERS’ SALE TO SELL TAX SALE CERTIFICATES FOR PROPERTIES THAT ARE SEVERELY DELINQUENT IN PAYMENT OF PROPERTY TAXES

 

WHEREAS, there are several properties in White County that are severely delinquent in the payment of property taxes, having been offered for tax sales and which received no bids equal to or in excess of minimum sale price. The parcel numbers of those properties being attached to this resolution as “Exhibit A”, and

 

WHEREAS, there is an assessed value associated with these properties for taxation purposes, but no taxes are being collected, therefore causing a lower than expected tax distribution to those taxing units and taxing districts within which the properties are located, and

 

WHEREAS, the White County Commissioners desire to have these properties back on the tax rolls with taxes being collected, and

 

WHEREAS, IC 6-1.1-24-6, et seq. allows for the County Commissioners to acquire a lien on those delinquent properties and receive issuance of the tax sale certificates for those properties, without taking title to the properties, therefore limiting the liability and cost normally associated with taking title.

 

NOW, THEREFORE, BE IT RESOLVED by the White County Board of Commissioners that the County Executive shall acquire liens and receive tax sale certificates of the properties listed on EXHIBIT A that are severely delinquent and sell said certificates at a properly advertised Commissioner Tax Certificate sale.

 

OPEN BIDS – HOOSIER LIFT STATION AND PONDS

White County Attorney George Loy announced that the time for submission of bids for the Hoosier Lift Station and Ponds project has expired. Bids were received from the following:

 

  1. Thieneman Construction, Inc., Westfield, IN $817,000.00

  2. Atlas Excavating, Inc., West Lafayette, IN $740,020.00

 

The bid estimate for the project was $671,000.00.

 

The commissioners said that they will take the bids under advisement.

 

LUSE ROAD

White County Attorney George Loy said that the ordinance that was adopted on April 20, 2015, Vacating Luse Road has an incorrect legal description. An amended ordinance correcting the legal description was submitted.

 

  • Commissioner Diener made a motion to adopt Ordinance No. 16-09-06-02, amending Ordinance No. 15-04-20-05 Vacating a portion of Luse Road in White County, seconded by Commissioner Burton. Vote: Unanimous

 

ORDINANCE NO. 16-09-06-02

AN ORDINANCE AMENDING ORDINANCE NO. 15-04-20-05 VACATING

A PORTION OF LUSE ROAD IN WHITE COUNTY

 

WHEREAS, it is in the best interests of the citizens of Union Township, White County, Indiana, to vacate a platted Public Right of Way which is not necessary for the growth of any City or Town, and where such vacation will not leave any other real estate without a right of ingress and egress, and where such vacation will not cut the public’s access to any public building, church or school, and

 

 

 

WHEREAS, a Petition has been filed with this legislative body of the White County, State of Indiana, seeking vacation of a Platted Public Right of Way in Union Township, White County; and

WHEREAS, the Board of Commissioners of White County, Indiana has examined the Petition and has scheduled hearings upon said Petition and has given public notice thereof by publishing said notice in a newspaper of general circulation in the White County, Indiana, said publication being more than (10) days prior to the date of said final hearing, all pursuant to statute; and

 

WHEREAS, the Board of Commissioners of White County, Indiana having heard evidence on said Petition and being sufficiently advised in the premises, finds that said Petition should be approved and granted, and that the Platted Public Right of Way as specifically described in said Petition, should be vacated; and

 

WHERAS, on April 20, 2015, the Board of Commissioners approved and adopted Ordinance No. 15-04-20-05 vacating a portion of Luse Road as requested by the Petition; and

 

WHERAS, it has since been determined that the legal description of said vacated portion of Luse Road should and shall be amended as set forth herein.

 

NOW, THEREFORE, BE IT HEREBY ORDAINED, by the Board of Commissioners of White County, that Ordinance No. 15-04-20-05 shall be amended by vacating that portion of Luse Road, a platted right-of-way located in Union Township, White County, Indiana, described as follows:

 

Part of the real estate conveyed to the White County Board of Aviation Commissioners (WCBOAC), in Deed Record 071206449 and Deed Record 222, Page 382 and to White County Board of Aviation Commission (WCBOAC) in Deed Record 020402187 in records of the White County Recorder, being Part of the West Half of Section 9, Township 26 North, Range 3 West, Union Township, White County, Indiana, and being more particularly described as follows:

 

Commencing at the Southeast corner of the Northwest Quarter of Section 9; Thence South 87º25’21” West, along the approximate centerline of Luse Road and the South line of the Northwest Quarter, a distance of 588.16 feet to the Southeast corner of the real estate of WCBOAC cited above in Deed Record 071206449 and the Point of Beginning of this description; Thence continuing South 87º25’21”West, along the approximate centerline of Luse Road and the South line of the Northwest Quarter, a distance of 44.26 feet to the Northeast corner of the real estate of WCBOAC cited above in Deed Record 020402187; a distance of 20.00 feet to the South right of way line of Luse Road; Thence South 87º25’21” West, along the South right of way line of Luse Road, a distance of 855.76 feet to the West line of the real estate of WCBOAC cited above in Deed Record 071206449; Thence North 02º15’00” West, along the West line of WCBOAC cited above in Deed Record 071206449, a distance of 20 feet to Luse Road and the South Line of the Northwest Quarter; a distance of 100.00 feet to the Southwest corner of the real estate of WCBOAC cited above in Deed Record 071206449; Thence North 02º15’00” West, along the West line of WCBOAC cited above in Deed Record 071206449, a distance of 20.00 feet to the North right of way of Luse Road; Thence North 87º25’21” East, along the North right of way line of Luse Road, a distance of 1000.02 feet to the East line of the real estate of WCBOAC cited above in Deed Record 071206449; Thence South 02º15’00” East, along the East line of WCBOAC cited above in Deed Record 071206449, a distance of 20.00 feet to the Point of Beginning of this description, containing 0.852 of an acre, more or less.

 

Also, commencing at the Southeast corner of the Northwest Quarter of Section 9; Thence South 87 degrees 25 minutes 21 seconds West, along the approximate centerline of Luse Road and the South line of the Northwest Quarter, a distance of 588.16 feet to the Southeast corner of the real estate of WCBOAC cited above in Deed Record 071206449 and the Point of Beginning of this description; Thence continuing South 87 degrees 25 minutes 21 seconds West, along the approximate centerline of Luse Road and the South line of the Northwest Quarter, a distance of

 

44.26 feet; Thence South 02 degrees 15 minutes 00 seconds East, a distance of 20.00 feet to the South right of way line of Luse Road; Thence North 87 degrees 25 minutes 21 seconds East, along the South right of way line of Luse Road, a distance of 44.26 feet; thence North 02 degrees 15 minutes 00 seconds West, a distance of 20 feet to the approximate centerline of Luse Road to the Point of Beginning of this description, containing .020 of an acre, more or less.

 

Also, commencing at the Southeast corner of the Northwest Quarter of Section 9; Thence South 87 degrees 25 minutes 21 seconds West, along the approximate centerline of Luse Road and the South line of the Northwest Quarter, a distance of 588.16 feet to the Southeast corner of the real estate of WCBOAC cited above in Deed Record 071206449; Thence, continuing South 87 degrees 25 minutes 21 seconds West, along the approximate centerline of Luse Road and the South line of the Northwest Quarter, a distance of 44.26 feet; Thence South 02 degrees 15 minutes 00 seconds East, a distance of 20.00 feet to the South right of way line of Luse Road; Thence South 87 degrees 25 minutes 21 seconds West, along the South right of way line of Luse Road, a distance of 855.76 feet; and the Point of Beginning of this description; Thence, thence North 02 degrees 15 minutes 00 seconds West, a distance of 20 feet; Thence continuing South 87 degrees 25 minutes 21 seconds West, along the approximate centerline of Luse Road and the South line of the Northwest Quarter, a distance of 100.00 feet; Thence South 02 degrees 15 minutes 00 seconds East, a distance of 20.00 feet to the South right of way line of Luse Road; Thence North 87 degrees 25 minutes 21 seconds East, along the South right of way line of Luse Road, a distance of 100.00 feet to the Point of Beginning of this description, containing .046 of an acre, more or less.

Bearings and dimensions in the above description are based on a survey by Milligan Surveying, dated November 25, 2002.

 

Said real estate to be vacated being a portion of the Right of Way for a road commonly known as Luse Road, located in Union Township, White County, Indiana.

 

The vacated Right of Way shall become the property of the WHITE COUNTY BOARD OF AVIATION COMMISSIONERS.

 

IT IS FURTHER ORDAINED, that this Ordinance amends Ordinance No. 15-04-20-05, adopted on April 20, 2015, and recorded as Instrument No. 150402807 in the White County Recorder’s Office, and shall be effective retroactive to said date.

 

IT IS FURTHER ORDAINED that the White County Auditor shall furnish copies of this Ordinance to the White County Recorder for recording and entry in the tax records of the White County Auditor.

 

Any public utility easement shall be unaffected by this vacation.

 

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

 

 

 

 

 

___________________________ _____________________________ ____________________________

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

 

 

 

 

 

ATTEST: _________________________

Gayle Rogers, Auditor