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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, May 7, 2018, 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 Attorney George Loy, White County Auditor Gayle Rogers, and Drainage Board Secretary Jennifer Hill.

Commissioner Heimlich called the meeting to order.

MINUTES

· Commissioner Burton made a motion to approve the minutes from the regular meeting, and the Executive Session held on April 16, 2018, seconded by Commissioner Heimlich. Vote: Unanimous

PAYROLL

· Commissioner Burton made a motion to approve the payroll for April 23, 2018, and May 7, 2018, 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

CREDIT CARD

Commissioner Diener asked what the procedure was if a department head makes a purchase with the county’s credit card and the commissioners do not approve the purchase. He’s noticing charges on the statements that are not related to travel, hotel, education or equipment and wonders if they are losing control of expenditures.

Commissioner Heimlich said that a department head would be responsible for paying the county back if the charge is not approved.

Auditor Rogers said that by the time she gets the statement, it’s already too late because the charges have already been applied.

County Attorney George Loy said that an ordinance was approved on what types of charges can be approved. He will pull the ordinance, review it with the commissioners and see if it needs to be revised.

CONSIDERATION OF ENVIRONMENTAL CONSULTING CONTRACT WITH CORNERSTONE ENVIRONMENTAL HEALTH & SAFETY INC.

Economic Development President Randy Mitchell and County Attorney Loy presented a contract from Cornerstone Environmental Health and Safety, Inc. They recommended that the county hire Cornerstone Environmental Health and Safety (CEHS) to research and recommend an odor and/or nuisance ordinance for the county and particularly the Mid America Commerce Park. The current county nuisance ordinance is mainly written for residential areas.

Commissioner Diener asked if this would be a separate ordinance countywide, or would it be integrated with the I3 zoning. County Attorney Loy said that it could be either or.

CEHS will research and identify the following:

· Several different community approaches to regulating odor

· Analysis of representative sampling of State and Local regulations that have existing odor requirements (this is beyond the general nuisance provisions)

· Contact applicable jurisdictions to gauge how effective the odor control requirements implemented in their communities have been in practice

· Provide ongoing technical support to White County Board of Commissioners

The cost of the contract is not to exceed $4,950.

· Commissioner Diener made a motion to approve and enter a contract with Cornerstone Environmental Health and Safety, seconded by Commissioner Burton. Vote: Unanimous

SHELL BUILDING – SOLD

Economic Development President Randy Mitchell announced that the sale of the Shell Building in the Mid America Commerce Park was completed last Friday. The new company coming in is called EggLife LLC.

Commissioner Heimlich read a press release from EggLife stating that they will house production of the EggLife sandwich/tortilla wrap. The plant will provide up to 30 additional jobs to the area.

The commissioners stated that they are very excited that the Shell Building has been sold!

HIGHWAY DEPARTMENT

Highway Superintendent Mike Kyburz said that Norway Bridge is now open for traffic and construction should be completed by May 25.

300 E., North of Monon Road – The aluminum box culvert structure is currently being put together. It should be installed within the next three weeks.

AREA PLAN

Area Plan Director Colin Betts said that Jacob and Tina Mecklenburg have decided to withdraw Rezone Petition #1076 at this time.

CONGRESSIONAL SCHOOL INTEREST REPORT

Auditor Rogers presented the annual Congressional School Interest Report to the commissioners. She requested signatures so she can submit to the state. APPROVED

PROPOSED ORDINANCE RESTRICTING POSSESSION OF WEAPONS IN THE WHITE COUNTY BUILDING

Commissioner Heimlich announced that this is the 2nd reading for the proposed ordinance.

County Attorney Loy said that the ordinance has changed since the 1st reading. After speaking with the judges, revisions have been made to Section II. Restrictions.

County Attorney Loy said that there is an exception from the exemptions. The amount of the fines still need to be determined.

After some discussion, County Attorney Loy recommended that they pass the proposed ordinance on for the 3rd reading for further amendment and discussion.

· Commissioner Burton made a motion that the proposed White County Ordinance Restricting Possession of Weapons be passed to the 3rd reading, seconded by Commissioner Diener. Vote: Unanimous

ORDINANCE NO. 18-___-___-___

WHITE COUNTY COMMISSIONERS’ ORDINANCE RESTRICTING

POSSESSION OF WEAPONS AT THE WHITE COUNTY GOVERNMENT BUILDING, COURTHOUSE PREMISES, AND OTHER COUNTY OFFICES

WHEREAS, the possession of weapons within the White County Government Building, Courthouse Premises and other County offices and property is detrimental to the health, safety, and welfare of the persons within and visiting the same; and,

WHEREAS, the White County Board of Commissioners finds that the regulation of weapons within the White County Government Building, Courthouse Premises, and other County offices and property is within the jurisdiction of the White County Board of Commissioners.

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

Section I. DEFINITIONS.

As used in this Ordinance, the term “weapon” includes, but is not limited to any of the following:

1. “Deadly Weapon” as defined by Indiana Code §35-41-1-8;

2. “Firearm” as defined by Indiana Code §35-47-1-5;

3. “Electric stun weapon” as defined by Indiana Code §35-47-8-1;

4. “Stun gun” as defined by Indiana Code §35-47-8-2;

5. “Taser” as defined by Indiana Code §35-47-8-3;

6. “Knife”;

7. “Explosive” refers to any agent or substance tending or serving to explode, including, but not limited to, gunpowder or dynamite;

8. “Club”; or

9. Any other object that in the manner in which it is used, or could ordinarily be used, or is intended to be used, is readily capable of causing serious bodily injury (as defined by Indiana Code §35-41-1-25) as determined by the White County Sheriff’s Officers.

Section II. RESTRICTIONS.

Except as provided in Section III of this Ordinance, a person shall not possess on or about his or her person a weapon at or upon the following locations:

1. Within the White County Government Building and surrounding White County Courthouse premises or in the area immediately adjacent to the White County Government Building, bounded on the east by the 100 block of North Main Street, on the north by Court Street, on the west by the 100 block of North Illinois Street, and on the south by the 100 block of West Broadway;

2. Within the White County offices located at 120/124 N. Main Street, Monticello, Indiana;

3. Within the White County Annex and surrounding premises located at 315 N. Illinois Street, Monticello, Indiana; and

4. Within the White County Sheriff’s Department and surrounding premises located at 915 W. Hanawalt Street, Monticello, Indiana.

Section III. EXCEPTIONS.

The following persons are exempt from this order: law enforcement officers under Indiana Code §35-41-1-17, Indiana Department of Correction Officers, County Environmental Officer, Community Correction officers, judicial officers, and probation officers who are conducting official business and duly authorized to carry deadly weapons. Employees of the Courthouse, Sheriff’s Department, and Annex who carry chemical spray devices for personal protection are also exempt.

The persons described as exempt under this Ordinance shall not be exempt if they or any member of their family is a party to any proceeding taking place in court, or are present in the White County Courthouse, Sheriff’s Department, Annex, or any White County offices described in Section II for personal matters for themselves or family members.

Section IV. PENALTY.

Any person violating Section II of this Ordinance shall be subject to punishment for indirect contempt of court pursuant to I.C. §34-47-3 and a fine of $_____ (Note: not to exceed $2,500 pursuant to I.C. §34-28-5-4 and §36-1-3-8.) Any person violating Section II of this Ordinance shall also be subject to having the firearm or weapon forfeited and confiscated by the proper law enforcement officials and thereafter destroyed.

Section V. SEVERABILITY.

Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any part to be void, unconstitutional or ineffective for any cause shall not affect any other part of this Ordinance.

Section VI. REPEAL.

All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.

Section VII. EFFECTIVE DATE.

This Ordinance shall take effect upon passage, after publication as required by law.

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

 

 

 

___________________________ _____________________________ __________________________

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

ATTEST: _________________________

Gayle Rogers, Auditor