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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, July 17, 2017, in 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 White County Auditor Gayle Rogers, White 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 of the regular meeting held on July 5, 2017, seconded by Commissioner Burton. Vote: Unanimous


  • Commissioner Burton made a motion to approve payroll for July 17, 2017, seconded by Commissioner Diener. Vote: Unanimous


  • Commissioner Burton made a motion to approve and pay the claims as presented, seconded by Commissioner Diener. Vote: Unanimous


Commissioner Heimlich explained that this agreement has to do with the off-site utilities for the new Highway Department.


County Attorney Loy said that the Town of Reynolds has agreed to the county’s proposed local agreement. The agreement grants the county permission to connect to the Town’s Water and Sanitary Sewer utilities, they agree upon the proposed route for the water and sewer transmission lines and approves the rates.


  • Commissioner Diener made a motion to approve the Town of Reynolds – White County Water and Sewer Service Interlocal Agreement, seconded by Commissioner Burton. Vote: Unanimous


Highway Superintendent Mike Kyburz said that everything in the First Amendment to Agreement for Use, Repair, and Improvement of Roads and Repair of Drainage Facilities is in order to be approved. As discussed at the last meeting, Meadow Lake Wind Farm is asking the Highway Department to submit a bid for the final surfacing of the hard surface roads that they used on Phase 5. The contract price is $497,440, and at this rate, it would give him the option to hire the work out if he can’t fit it into his schedule.


Attorney Loy said that he has no problems with the agreement.


  • Commissioner Burton made a motion to approve the First Amendment to Agreement for Use, Repair and Improvement of Roads and Repair of Drainage Facilities as presented, seconded by Commissioner Diener. Vote: Unanimous


Highway Superintendent Mike Kyburz presented the LPA – Consulting Contract between White County and American Structurepoint. American Structurepoint will be responsible for all construction inspections on the Gordon Road Project. The standard contract required from INDOT was for $367,119.30.


Joe Fragomeni, American Structurepoint, said that INDOT has the letting date listed for February 2018, but they will try to have it moved to December 2017.


  • Commissioner Diener made a motion to approve the LPA – Consulting Contract with American Structurepoint for the inspection of the Gordon Road Project, seconded by Commissioner Burton. Vote: Unanimous


Commissioner Heimlich announced that Indiana Beach has requested the public hearing for the proposed road vacation request be continued to the next Commissioners’ Meeting on August 7, 2017.


Commissioner Heimlich confirmed with Attorney Loy that the parcels need to be combined before the road is closed. Otherwise, if certain parcels would sell, they could be landlocked by the vacation. He asked Director Betts to take care of this matter with Mr. Fawks from Indiana Beach.



Joe Rogers, former Director of Area Plan, appeared to discuss the definition of a Hearing Officer and a Hearing Examiner. The Hearing Officer relates to the Board of Zoning Appeals business, and the Hearing Examiner relates to the Area Plan Commission business. He said that a Hearing Officer was never assigned during his administration, but a Hearing Examiner was. The Hearing Examiner’s only purpose was to provide a method to expedite the process for a specific type of case. The rules and criteria for the position were never written out. The minutes from the meeting are very vague and ambiguous, subject to various interpretations if you didn’t know the history. He recommended criteria be approved and written so there won’t be any confusion in the future on what a Hearing Examiner can or cannot hear. If this isn’t done, the Commissioners will lose control over what the Hearing Examiner can hear because there is nothing in the zoning ordinance, or state statute that requires them to come back to a legislative body.


Commissioner Diener asked Mr. Rogers to share his criteria with Director Betts so he can review it with the APC Attorney and then bring it back to the commissioners for final review.



Director Betts presented the following rezone petition:


Rezone Petition #1067

Kevin Kelley, WH Kelley Farms LLC, is requesting to rezone 20.001 acres from an A-1 (General Agriculture District) to an A-2 (Agricultural Industry District). The property is currently located at 800 S. in Brookston.


The APC held a public hearing on this rezoning request on July 10, 2017. At that time, the APC voted 7 yes and 1 no to recommend this petition to the commissioners for approval.


Mike Veenhuizen, Livestock Engineering Solutions, said that their intent is to build two confined feeding operation buildings, which will hold 4,800 pigs per building. The CAFO will be constructed and operated between WH Kelley Farms and David and Sarah Davis. They plan on utilizing the manure on the 765+ acres owned by WH Kelley Farms.


Mr. Veenhuizen presented and discussed a map detailing the annual wind frequency and direction. The Highway Department recommends that the trucks come in on 600 South to 450 West, 450 West to 800 South and return using the same roads.


Commissioner Diener complimented Mr. Kelley with providing all the information that was presented today for the rezone.


Commissioner Heimlich asked if anyone was present to speak about the request. No response.


Director Betts said that there was one person, Mr. Luck, who was present at the public hearing and opposed the rezoning request.


  • Commissioner Diener made a motion to approve Rezone Petition #1067 (Ordinance No. 593-17) rezoning 20.001 acres from an A-1 to an A-2 for WH Kelley Farms LLC, Seconded by Commissioner Burton. 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 Bruce Clear Jim Davis

Denny Carter Casey Crabb Art Anderson



Economic Development President Randy Mitchell presented the Business Summary for July.


President Mitchell reported that the unemployment rate for White County is at 2.6%. Due to Volkswagen emission cheating scandal, the state might be receiving $41M. The money could soon be available to assist private and public entities to reduce emissions in diesel burning vehicles. President Mitchell is going to get more information.



Highway Superintendent Mike Kyburz said that he is taking care of 70/75 miles of chip and seal throughout the county. The three power line projects are almost completed. He is currently requesting reimbursement for the damage to the county roads that they have left behind.



Environmental Officer Jim Reynolds submitted the Environmental Report for July 2017.


  • Received 97 calls/complaints on various issues.
  • Reviewing weekly pool samples and making inspections.
  • Issued two septic permits
  • Made 8 landfill inspections.
  • Attended fire arms training.



Director Terri Brooks presented the White County Communications/E911 report for July.


Director Brooks said that after the new radio system was installed, there were 10 radios left from the back room that they no longer need. She’s going to ask EMA if anyone needs them; and if not, she’s going to sell them at an auction.


The new server has been installed for the CAD, but it’s running very slow because it’s running on the DSL network. She wants to get it connected to the fiber optic network because it will run faster.



Director Colin Betts reported that there were 37 building permits issued in June.



Director Colin Betts explained that the new fee schedule being proposed has a couple categories that have been consolidated to keep it more simplified.


The following amendments were proposed:






The purpose of the increase is to cover the extra cost that the county has incurred. He said that our rates are a little bit less or pretty much the same as the surrounding counties. He will provide a copy of the actual numbers.


The commissioners took the proposed fee schedule under advisement.



Prosecutor Bob Guy said that the Courthouse Security Committee had met three times now. The committee is moving forward with pursuing to hire an additional security officer for the balance of 2017, and looking at the idea of closing the entrances down to one to secure the building.


Investigator Tony Lantz discussed a courthouse safety training that he will be putting on to make the courthouse employees feel safer while at work.


There being no further business to come before the joint meeting, the council members adjourned to their meeting room.


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






___________________________ _____________________________ ____________________________

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






ATTEST: _________________________

Gayle Rogers, Auditor


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