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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, October 17, 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.



  • Commissioner Diener made a motion to approve the minutes from the regular meeting held on October 3, 2016, seconded by Commissioner Burton. Vote: Unanimous



  • Commissioner Burton made a motion to approve payroll for October 17, 2016, as presented, 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



Area Plan Director Joe Rogers reminded the commissioners that in 2015 he submitted a request to the state to amend the Building Code Ordinance. At that time, it was denied because the state prefers counties to adopt their model ordinance. He has made the changes to model the state’s ordinance except for Section 19: Right of Appeal. In our ordinance, this section states that appeals must come to the County Commissioners first and then it goes to the state level. The state’s model ordinance says that the person could go to the County Commissioners, state, or both to appeal.


State’s Ordinance:

SECTION 19. RIGHT OF APPEAL. All persons shall have the right to appeal a Building Commissioner’s decision pertaining to provisions of this code either through the Commissioners of White County, pursuant to IC 36-1-6-9, or through the Fire Prevention and Building Safety Commission of Indiana in accordance with the provisions of IC 22-13-2-7 or IC 4-21.5-3-7, as applicable.


County’s Ordinance:

SECTION 16. RIGHT OF APPEAL. All persons shall have the right to appeal the Director’s or Inspector’s decisions pertaining to provisions of this Code, first through the County Commissioners and then to the Fire Prevention and Building Safety Commission of Indiana in accordance with the provision of IC 22-13-2-7 or IC 4-21.5-3-7, as applicable.


Director Rogers said that he needs to respond back to the state, and asked if the commissioners would like him to make the change to Section 19, or would they prefer to leave it as is and submit it to the state to see if they accept it. His recommendation would be to leave it as it is.


Attorney Loy said that if the state doesn’t approve our amendments, it does not make our ordinance void, it just makes it an administrative decision.


Commissioner Burton said that he wasn’t comfortable with the wording in Section 14, and asked Director Rogers to address it more clearly than what is being proposed.


SECTION 14. ENTRY. Upon presentation of proper credentials, the Building Commissioner or his duly authorized representatives may enter at reasonable times any building, structure or premises in White County to perform any duty imposed upon him by this Code.


Director Rogers confirmed that he will modify the language of the appeal process to require that it comes to the County Commissioners first, and look at the language in Section 14: Entry, as requested.



Brian Dunneback, EDP Renewables, said that they will be mobilizing their construction crews in the next week or so. He has also been working with Highway Superintendent Mike Kyburz reviewing the activities that will be taking place this fall.


Mr. Dunneback wanted to reassure that all of the exhibits that were provided for the Road Use Agreement back in September were acceptable with the County Commissioners, Highway Department and the Drainage Board. He presented hard copies of the Preconstruction Road Report and the exhibits (designated roads, crossings, and ditch map) for their review and requested their approval.


White County Surveyor Brad Ward said that he has reviewed and approves everything on the drainage side of the project. All of the crossings have been identified and he has no concerns at this time.


White County Highway Superintendent Mike Kyburz said that one entrance was added onto a county road and he has spoken with the contractor regarding the language in the Road Use Agreement. The contractor has reassured him that he will keep in contact during different phases of the project to make sure that the construction is up to our standards. He feels that at this time, he is up to speed on the project.


Mr. Dunneback said that they will hold routine meetings with the Highway Superintendent to review plans and answer any questions or concerns that might arise.


  • Commissioner Burton made a motion to approve the exhibits that have been submitted for the Road Use Agreement, Ditch Easement, and the Drain and Ditch Crossings for Phase V of the Wind Farm project, seconded by Commissioner Diener. Vote: Unanimous


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



Director Brooks was happy to report that the overwhelming amount of keyboards that they had per station has now been narrowed down to one. Eric and his crew have done a great job getting things cleaned up.



Director Gale Spry discussed and presented copies of the findings from an audit that was done from an outside auditing firm.



Officer Jim Reynolds presented the Environmental Report for October.


  • Received 61 calls/complaints on various issues.

  • Issued 1 septic permit.

  • Made 8 landfill inspections






Director Rogers reported that the Building Department conducted 54 inspections this month, 522 for the year. They are at 258 building permits issued for the year compared to 288 last year and 29 new homes have been built this year, compared to 34. He hopes to have a recommendation on new software for the department by the end of the year.



President Randy Mitchell presented a copy of the Business Summary for October 2016.


Mr. Mitchell reported that there were no leads at all for the Mid America Commerce Park for the past month. This seems to be a problem throughout the whole state.



Commissioner Heimlich announced that the EMA Advisory Board has made the recommendation to hire Tim McFadden as the new EMA Deputy Director.


  • Commissioner Burton made a motion to accept the recommendation and to appoint Tim McFadden as the EMA Deputy Director, seconded by Commissioner Diener. Vote: Unanimous



Library Director Monica Casanova, Board President Art Morgan and Board Treasurer Frank Walker said that the Library Board adopted a resolution on October 10, 2016, to expand library services into Liberty and Lincoln Township. Ms. Casanova presented an intent to file a petition for acceptance of the proposal of expansion with the commissioners. She said that the only thing that she needs right now is for the Auditor to make publication of notice.


Ms. Casanova explained that once the notice is published, they will have 60 days to collect the required signatures. If the 20% required signatures are received, then she will bring the resolution to the commissioners for approval.


Commissioner Heimlich asked if the library has been in touch with the township trustees or township boards. Ms. Casanova said that they have notified them and Liberty Township has said that they are not interested in joining because they are currently working under a contract with the library, and Lincoln Township has not responded.


With the extra revenue they will purchase a bookmobile, be open Sunday hours, hire two employees and purchase more books. They also will forego late fees on everyone.



Senator Brandt Hershman appeared before the commissioners and council discussing funding for roads at the state level.


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



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: _________________________

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Gayle Rogers, Auditor