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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, September 19, 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 special meeting held on August 15, 2016, and the regular meeting held on September 6, 2016, seconded by Commissioner Burton. Vote: Unanimous

 

PAYROLL

  • Commissioner Burton made a motion to approve the payroll for September 19, 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

EMA Director Roberta Yerk requested approval on the 2015 Emergency Management Performance Grant Program-Salary Grants Sub recipient Agreement. This agreement reimburses the county a portion of the salaries paid to the EMA staff for 2015. White County will be reimbursed $28,190.73.

 

  • Commissioner Burton made a motion to approve and submit the 2015 Emergency Management Performance Grant Program – Salary Grants Sub Recipient Agreement, as presented, seconded by Commissioner Diener. Vote: Unanimous

 

UMBAUGH AGREEMENT

White County Attorney George Loy presented a contract from Umbaugh & Associates to assist the county with the preparation of an Interlocal agreement between the county and the Town of Wolcott with regard to the Mid America Commerce Park project. Umbaugh will bill the county by an hourly rate.

 

  • Commissioner Diener made a motion to approve the contract from Umbaugh & Associates as presented, seconded by Commissioner Burton. Vote: Unanimous

 

RECYCLING DEPARTMENT

White County Recycling Director Dawn Girard requested the commissioners to approve the release of $4,895.58 from the county’s grant funds from the Northwest Indiana Solid Waste District. The purpose of this money will be used to install a new transmission in the 1993 International cardboard truck. She mentioned that there is $4,895.58 remaining in the county’s fund from the Northwest Indiana Solid Waste District, and $17,278 remaining for the center’s fund. A quote for repairs was provided.

 

  • Commissioner Burton made a motion to approve the release of $4,895.58 from the county’s grant funds from the Northwest Indiana Solid Waste District, seconded by Commissioner Diener. Vote: Unanimous

 

PERSONNEL POLICY

White County Auditor Gayle Rogers presented an amendment to the county’s Personnel Policy.

 

The amendment says that any county employee that drives a county owned/leased vehicle will be subject to on-demand drug testing. The amendment also states that with the exception of law enforcement personnel, no employee is allowed to carry any firearms in a county owned/lease vehicle.

 

County Attorney Loy said that he has looked over the amendment and he is comfortable with them passing it today; or they could introduce the amendment today and pass it at their next meeting. He pointed out that the policy does apply equally to all elected officials and department heads.

 

The Commissioners said that they would take the amendment under advisement.

 

WHITE COUNTY, INDIANA

PERSONNEL POLICY

 

The Board of Commissioners of White County, Indiana, hereby amends the Personnel Policy adopted on December 28, 1998, to include the following policy provisions:

 

EMPLOYEES DRIVING COUNTY-OWNED OR LEASED VEHICLES

 

In keeping with the County’s intent to provide a safe and healthy work environment, any county employee who drives a county-owned or leased vehicle will be subject to on-demand drug testing.

 

The carrying of firearms in any county-owned or leased vehicle is prohibited with the exception of law enforcement personnel.

 

Violators of this policy will be subject to disciplinary action up to and including termination.

 

This policy applies equally to all elected officials/department heads and part time/full time employees.

 

This policy shall be effective beginning September 1, 2016 and shall remain in effect until further notice by the White County Commissioners.

 

The provisions of the personnel policy previously adopted which are not in conflict with this amendment shall remain in full force and effect and the same are hereby confirmed.

 

AREA PLAN

Area Plan Director Joe Rogers presented the following rezone petition:

 

Rezone Petition #1052

Ashley A. Federer, representing Lester Leonard Jr., is requesting to rezone property located at 4967 E. White Point Drive, Monticello, from a B-2 (General Business) to an L-1 (Lake District).

 

The APC held a public hearing on September 12, 2016, regarding this petition. There were no objections at the hearing. The APC voted 7 Yes and 0 No to recommend this rezone petition to the commissioners.

 

Attorney Ashley Federer appeared to speak about the future purpose of the property.

 

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

 

  • Commissioner Diener made a motion to approve Rezone Petition #1052, rezoning property located at 4967 E. White Point Drive from a B-2 to an L-1, seconded by Commissioner Burton. Vote: Unanimous

 

ZONING ORDINANCE – AMENDMENT

Area Plan Director Joe Rogers presented an amendment to the zoning ordinance.

 

Mr. Rogers explained that the department has been getting a lot of request lately for permits on tiny houses on smaller lots. The APC recommended putting together a committee to see how the ordinance can accommodate compact housing. Since this would affect the Bulk Use Standards, this section was amended as well.

 

A public hearing was held on September 12, 2016, regarding this amendment to the zoning ordinance. At that time, the APC voted 7 Yes and 0 No to recommend this amendment to the Commissioners.

 

  • Commissioner Diener made a motion to approve Ordinance No. 16-09-19-03, Amending CH 3, CH 8, CH 14, Appendix A & Appendix B: Compact Housing in the White County Zoning Ordinance, seconded by Commissioner Burton. Vote: Unanimous

 

ORDINANCE NO. 16-09-19-03

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 September 12, 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 3 – Specific Use Requirements & Performance Standards: Section 3.16 Special Exception Use Criteria & Requirements - 3.16.9 Category 8: Vacation Homes (aka: Vacation Rental, Holiday Home, Holiday Apartment, Tourist Home (VRBO))/Cabins)

 

-CHAPTER 8 – Parking & Loading Standards: Table 8.6 Required Off-Street Parking Spaces

 

-CHAPTER 14 – Definitions

 

- APPENDIX A – Official Schedule of Uses: Compact House

 

-APPENDIX B – Bulk Use Standards

 

The purpose of this amendment is to create standards, definitions and allowances for the construction and use of compact housing. In addition, an evaluation of all bulk use standards was completed to provide a more standardized application of developmental standards. This amendment addresses definitions, innovative construction technologies, appropriate locations and conditions for allowing compact housing. The amendment provides more standardized bulk use standards to assure greater consistency in application of those requirements and will provide more development opportunities for property owners.

 

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

Jim Davis

 

 

 

 

BUILDING DEPARTMENT

Area Plan Director Joe Rogers reported that the building permits are down compared to last year and building inspections have reduced dramatically in the past month. Jacob Garling is the new Building Inspector for the department.

 

Director Rogers reported that a draft of the Comprehensive Plan has been received and he is in the process of sending it out to the committee. It is still on schedule to be completed sometime in December or January.

 

ENVIRONMENTAL DEPARTMENT

Jim Reynolds, Environmental Officer, presented his Environmental Report for September.

 

  • Received 93 calls/complaints on various issues.

  • Issued 2 septic permits.

  • Made 10 landfill inspections.

  • Mosquitoes have tested positive for West Nile in the county.

 

ECONOMIC DEVELOPMENT

President Randy Mitchell, presented his Business Summary for September.

 

Mr. Mitchell reported that the office received two business leads; and five new businesses have started up in the county. He continues to do retention visits with local businesses.

 

Mr. Mitchell was asked to write an article for the Japanese Trade Organization depicting an overview of the conference.

 

SFLECC

John Koppelmann, Chairman, Lake Level Task Force, updated the commissioners and council on the ‘Keep the Lake Levels’ Taskforce’s activities. The ongoing issue with U.S. Fish and Wildlife and the Federal Energy Regulatory Commission (FERC) lowering the lake levels is still a problem. Just recently, a drought hit our area and the lakes were lowered eleven inches. They are still waiting on (FERC) to come out with the final Environmental Assessment.

 

To date they have spent $300,000 in legal and professional fees. Contributions from the public has covered $75,000 of that, and the rest has come from SFLECC’s reserve funds. If they are going to need to protest, their attorney gave them an estimate that it’s going to cost $50,000 for legal fees to review the Environmental Assessment, get the hydrogeologist involved and become part of the sit down consultation with FERC and Fish and Wildlife. To cover this cost, they are requesting the parties that are a part of the protest collation (Carroll County, City of Monticello, White County, Jefferson Township, and White County Tourism Board) to contribute $10,000 each.

 

  • Commissioner Diener made a motion to donate $10,000 to SFLECC as requested, seconded by Commissioner Burton. Vote: Unanimous

 

  • Councilman Anderson made a motion to donate $10,000 to SFLECC as requested, seconded by Councilman Crabb. Vote: Unanimous

 

BICENTENNIAL CELEBRATION

Kean MacOwan, White County Coordinator, appeared before the commissioners and council giving a presentation on what is to be expected for the White County 2016 Bicentennial Torch Relay.

 

The torch will be carried up Main Street in Monticello to the courthouse square. The torch will continue on US 24 East across the bridge and will be taken by a caravan of state vehicles to the outskirts of Idaville where it will again be carried by 2 torchbearers from Idaville and then will again be transported to Burnettsville where 3 torchbearers will have the honor of carrying the torch to the Cass County line.

 

Mr. MacOwan said that White County’s torch relay will be like no other in the state. The White County venue will include honored torchbearers from all twelve townships and all nine towns.

 

The torchbearers for White County will be:

TORCHBEARER

REPRESENTING

EXCHANGE POINS

Luke Evans

Wolcott

Bridge to Park Exit

Robert Foster

Princeton Township

Park Exit to Park Entrance

Kay Hall

West Point Township

Park Entrance to Dodge Camp Road

Jerry Thompson

Chalmers

Dodge Camp Road to Tioga Rd.

Gordon Denton

Big Creek Township

Tioga Road to Cleveland St

Rev Chris Dodson

Reynolds

Cleveland to South St

Ralph Zarse

Honey Creek Township

South Street to Frasier (St Catholic Church)

Richard Sluyter

Liberty Township

Frasier St to Ohio St

Scott Bowsher & Son Mason

Buffalo

Ohio St to Market St

Kristel Kaye & Ann Ward

Monon Township

Market St & halfway to Jefferson St

Devon Querry

Monon

Other half to Jefferson St

Willis Johnson

Prairie Township

Jefferson St to Harrison St

Lelan McReynolds

Brookston

Harrison St to Broadway

Dr. Robert Hanni

Monticello

Broadway to Courthouse Sidewalk

Dennis & Patty Frist

Round Grove Township

Courthouse sidewalk to Bandstand

Katie Wolf

At Large

On Bandstand Back to Sidewalk on Main

Jason Thompson

Union Township

Main to US 24 Broadway and across bridge

James P Simons

Idaville

Start at Logan Street exchange at Post Office

Bob Scroggs

Lincoln Township

Post Office to Cross St/ End Venue

Patrick Duffey

Burnettsville

Green Burnettsville City limits sign to Main St

Ray Stroud

Jackson Township

Main Street to Logan St

Richard Ploss

Cass Township

Logan Street to East Edge of Burnettsville

 

LANDFILL FUNDS

Commissioner Heimlich discussed the council’s request for the division of funds for the tipping fees from the landfill. Currently, the tipping fees are deposited 50% into the White County Host Agreement Operating Fund and 50% into the White County Host Reserve Fund.

 

Council President Kramer said that there is $17.8 million in the county reserve fund that can’t be utilized for anything right now except to give out loans. Anything that is taken out of the Reserve Fund, must be paid back. The money that’s been put into the Operating Fund can and has been used for several different purposes. He said the council would like to switch the percentages to 75% in the Operating Fund and 25% in the Reserve Fund to make them more accessible.

 

The commissioners said that an amendment to the ordinance will be written up and presented at the next meeting.

 

WIND FARM – PHASE 5

Brian Dunneback, EDP Renewables, appeared to give an update on Phase 5, West Point and Princeton Townships. All of the agreements are almost finalized and they are hoping to start construction on the access roads in October. The rest of the project will take place in 2017.

 

MAGNETATION

County Attorney Loy said that Magnetation recently announced that they may close all of their facilities, which includes the Reynolds facility, by September 30. He said that a meeting with Economic Development President Randy Mitchell, Commissioner David Diener and himself met with Magnetation’s CEO Matt Lehtinen to see what assistance the county could provide to them.

 

In effort to prevent Magnetation from closing its facility in Reynolds, Attorney Loy presented a resolution that would need the commissioners’ and council’s joint approval to fulfill Magentation’s request.

 

WHITE COUNTY COMMISSIONERS’ RESOLUTION NO. 16-09-19-04

WHITE COUNTY COUNCIL RESOLUTION NO. 2016-09-19-02

JOINT WHITE COUNTY COMMISSIONERS’ AND COUNCIL RESOLUTION IN SUPPORT

OF ASSISTING THE CONTINUING OPERATIONS OF

THE MAG PELLET, LLC REYNOLDS FACILITY

WHEREAS, Mag Pellet, LLC (“Magnetation”) recently announced it may implement a shutdown of it Reynolds iron ore pellet plant (the “Facility”) on September 30, 2016; and

WHEREAS, Magnetation is attempting to maintain its operations through negotiations with potential investors or new owners; and

WHEREAS, Magnetation provides more than 160 well-paying jobs and has invested approximately $350,000,000 in White County at its Facility; and

WHEREAS, since Magnetation’s announcement of a potential shutdown, White County government and White County Economic Development have diligently worked with Magnetation and have met with the Indiana Secretary of Commerce and officers of the Indiana Economic Development Corporation (“IEDC”) in exploring options to assist Magnetation with its efforts to avoid a shutdown and continue the Facility’s operations; and

WHEREAS, White County pledges its support to maintaining the Facility’s ongoing operation and its continued employment and economic development opportunities for White County and its citizens.

NOW, THEREFORE, BE IT HEREBY RESOLVED, by the White County Commissioners and Council, in consideration of the foregoing, as follows:

1. Conditioned upon the Facility’s continued present operation as an on-going concern, including upon the date of the Facility’s upcoming 2016 full and timely fall real and personal 2015 property tax payment, White County intends, within ten (10) days of the clearing of such payment, forward to Old National Trust, the administrator of the Mag Pellet, LLC Bond Issue Series 2013, eighty percent (80%) of the HNW TIF03 incremental value of such taxes (the “TIF Revenues”) paid by the Facility’s successor which shall be used for payment of the next scheduled TIF Bond payment owed under the Economic Development Agreement of March 18, 2013, between White County and Mag Pellet, LLC. In anticipation of completion of the 2016 fall tax settlement distributions to White County, it is White County’s intent to borrow from the White County Solid Waste Reserve Fund the sum of money needed to advance said TIF Revenue payment set forth above; and, upon completion of the 2016 fall settlement distributions, the Solid Waste Reserve Fund shall receive repayment of said loan in full, no later than December 31, 2016. All of the foregoing shall be further subject to any other conditions necessary to ensure and guarantee that such sums so borrowed shall be repaid from the 2016 fall settlement distributions as and when described above; and, that Magnetation or its successor in interest shall be required to execute and deliver all instruments and documents, and to take all action, requested by White County to do so.

2. That White County supports and encourages the IEDC to transfer the balance of any available incentives, previously awarded to Magnetation, and provide any new incentives possible to the Facility’s successor to facilitate Magnetation’s plan for new ownership and continuation of the Facility as an on-going concern.



3. This Resolution shall serve only as an expression of White County’s intent in support of the Facility’s continuation as an on-going concern and not as final action taken upon such intent. The provisions of this Resolution is also subject to all requirements of the Indiana Code including those pertaining to meetings conducted by governmental entities.

  • Commissioner Diener made a motion to adopt Resolution No. 16-09-19-04, in joint resolution with County Council, Resolution No. 2016-09-19-02, in support of assisting the continuing operations of Mag Pellet, LLC Reynolds Facility, seconded by Commissioner Burton. Vote: Unanimous



  • Councilman Anderson made a motion to adopt Resolution No. 2016-09-19-02, in joint resolution with the County Commissioners Resolution No. 16-09-19-04 in support of assisting the continuing operations of Mag Pellet, LLC Reynolds Facility, seconded by Councilman Davis. Vote: Unanimous



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

 

BIDS – HOOSIER LIFT & PONDS PROJECT

County Attorney Loy announced that the following bids were accepted at the last Commissioners’ Meeting held on September 6, for the construction of the Hoosier Lift and Ponds project.

 

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

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

 

The bids were reviewed by Brian Stephens-Hotopp, Project Manager with HWC, and at this time he has given the commissioners the option to reject all bids and to rebid the project, or to accept the low bid from Atlas. Thieneman Construction had contacted Mr. Stephens-Hotopp and said that they had miscalculated their bid. If the bid was calculated correctly, they would’ve been the low bidder.

 

  • Commissioner Burton made a motion to rebid the Hoosier Lift & Ponds project, seconded by Commissioner Diener. Vote: Unanimous

 

FINANCIAL SOFTWARE

County Auditor Rogers said that the financial software company that she went with three years ago has not been able to meet their expectations and she would like to go with another company. She said the contract has been cancelled with Software Solutions effective August 2016. Low Associates, Inc., presented a quote in 2013 and they have agreed to still honor that price.

 

Auditor Rogers requested approval to enter a contract with Low Associates, Inc., for $84,000 for the county’s financial software.

 

  • Commissioner Diener made a motion to approve and enter into a contract with Low Associates, Inc., for $84,000, seconded by Commissioner Burton. Vote: Unanimous

 

LETTER OF INTENT

County Attorney Loy presented a Letter of Intent from Boxer Girl, Real Estate Development, which will allow them to put together a proposal, Definitive Agreement, for the redevelopment of the former White County Memorial Hospital property.

 

  • Commissioner Burton made a motion to enter the proposal for redevelopment of the Former White County Memorial Hospital property with Boxer Girl, 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