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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, May 21, 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 Auditor Gayle Rogers, White County Attorney George Loy, and Commissioners’ Assistant Donya Tirpak.

Commissioner Heimlich called the meeting to order.

MINUTES

· Commissioner Burton made a motion to approve the minutes of the regular meeting held on May 7, 2018, seconded by Commissioner Diener. Vote: Unanimous

PAYROLL

· Commissioner Diener made a motion to approve the payroll for May 21, 2018, as presented, seconded by Commissioner Burton. Vote: Unanimous

RESOLUTION – COUNCIL ON AGING

· Commissioner Burton made a motion to approve Resolution #18-05-21-01 authorizing the filing of an application for a grant under Section 5311 of the Federal transit act, as amended, seconded by Commissioner Diener. Vote: Unanimous

RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A GRANT UNDER SECTION 5311 OF THE FEDERAL TRANSIT ACT, AS AMENDED

WHEREAS, the U.S. Department of Transportation is authorized to make grants to states through the Federal Administration (FTA) to support capital, operating and feasibility study assistance projects for non-urbanized public transportation systems under Section 5311 of the FTA Act of 1964, as amended;

WHEREAS, the Office of Transit, Indiana Department of Transportation (INDOT) has been designated by the Governor to make Section 5311 grants for public transportation projects;

WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs;

NOW, THEREFORE, BE IT RESOLVED BY WHITE COUNTY:

1. That John C. Heimlich, County Commissioner, on behalf of White County is authorized to make the necessary assurances and certifications and be empowered to enter into an agreement with INDOT for the provision of rural public transportation services.

2. That White County Council on Aging is authorized to execute and file an application on behalf of White County Commissioners with the INDOT to aid in the financing of transit assistance projects under Section 5311 of the Federal Transit Act, as amended.

3. That White County Council on Aging is authorized to furnish such additional information as INDOT may require in connection with the application.

4. That White County Council on Aging is authorized to execute grant contract agreements on behalf of White County.

CERTIFICATE

The undersigned duly qualified and acting President, of the White County Commissioners, certifies that the foregoing is a true and correct copy of a resolution adopted at a legally convened meeting of the White County Commissioners held on May 21, 2018

HWC ENGINEERING – BRIDGE 171

Jacob Isenburg, Project Manager, presented Waiver of Partial Mortgage Releases for the two properties that are associated with this project. These are the last items needed to close out the right-of-way acquisition for Bridge #171. The contractor will be closing the road the day after Memorial Day.

The two property owners are:

1. Larry A. Yerk and Janetta M. Yerk

2. Richard W. Oberlander and Charlotte Gaylor Oberlander

· Commissioner Diener made a motion to approve the county to sign the Waiver of Partial Mortgage Releases to complete the right-of-way acquisitions for Bridge #171 project, seconded by Commissioner Burton. Vote: Unanimous

AREA PLAN

Director Colin Betts presented the following rezoning requests:

Rezone Petition #1078

Derek & Theresa Blume is requesting to rezone 1.239 acres from an I-1 (Light Industrial District) to an RR (Rural Residential District). The property is located at 7031 W. 900 S., Brookston.

The Area Plan Commission held a public hearing on May 14, 2018, for this request. The APC made the recommendation by a vote of 8 yes and 0 no for the commissioners to approve this petition.

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

Commissioner Burton said that he is familiar with this family because they do a lot of work with the community in Brookston and he hasn’t heard any negative comments for this request.

· Commissioner Diener made a motion to approve Rezoning Petition #1078 (Ordinance #596-18) rezoning property located at 7031 W. 900 S., Brookston, from an I-1 to an RR, seconded by Commissioner Burton. Vote: Unanimous

Rezone Petition #1079

YMCA Camp Tecumseh, Inc., Applicant, is requesting to rezone 6.99 acres from an A-2 (Agricultural Industry District) to an A-1 (General Agriculture District). The property is located at 4257 E. 1000 S., Brookston. The property is owned by Smith Erickson Farms, Inc.

The Area Plan Commission held a public hearing on May 14, 2018, for this request. The APC made the recommendation by a vote of 8 yes and 0 no that the commissioners approve this petition.

This property was rezoned on July 1, 2013, to an A-1 for a confined feeding operation business. The building was never constructed. The 2012 IDEM permit for the proposed hog facility expired in 2017, without renewal.

Commissioner Diener asked why they would want to rezone the property back to an A-1. He said A-2 zoning allows you to do certain things, but it also allows you to do everything that an A-1 allows. He said there’s no reason to rezone the property to an A-1 if you can do everything in an A-2. He also asked why YMCA Camp Tecumseh, Inc., is listed as the applicant.

Commissioner Heimlich asked if there was anyone present to speak about this request. No representatives were present.

Joe Rogers, former Area Plan Director, asked what the results were of the litigation on the rezone. County Attorney George Loy said that the case was dismissed.

Commissioner Diener said that he has a problem with this rezoning request because this lawsuit was litigated in two county courts, an appellate court, the Indiana Supreme Court, and then in the Federal Court. The county has a substantial amount of legal fees defending this rezone. He said that if the applicant is YMCA Camp Tecumseh, then why have we gone through all the courts and litigation and now it’s going back to what it was before. He was very confused.

Director Betts said that the applicant of the application is Smith Erickson Farms at the behest of YMCA Camp Tecumseh. He said YMCA Camp Tecumseh isn’t the applicant. It has something to do with whatever the mediation ended with.

Joe Rogers said that the applicant is YMCA Camp Tecumseh and Smith Erickson Farms provided a letter authorizing them to request the rezone.

· Commissioner Diener made a motion to table Rezoning Request #1079, so they can review it further, seconded by Commissioner Burton. Vote: Unanimous

Rezone Petition #1080

Michael & Evelyn Zarse are requesting to rezone property located at 2025 N. Meridian Road in Reynolds from an I-1 (Light Industrial District) to an A-1 (General Agriculture District).

The Area Plan Commission held a public hearing on May 14, 2018, for this request. The APC made the recommendation by a vote of 8 yes and 0 no to approve the rezoning request.

The rezoning request is to return the parcel to the baseline zoning; bringing the parcel into compliance with the current use to allow improvements to the property.

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

· Commissioner Burton made a motion to approve Rezoning Petition #1080 (Ordinance No. 597-18 ) rezoning property at 2025 N. Meridian Road in Reynolds from an I-1 to an A-1, seconded by Commissioner Diener. Vote: Unanimous

Rezone Petition #1081

ADD Farms LLC & Ann Diener are requesting to rezone property located at 2103 & 2197 E. Division Road, Reynolds, from an A-1 (General Agriculture District) to an R-1 (Single-Family Residential District). The purpose of the rezoning is to create a Single-Family Residential Major Subdivision. An A-1 District does not allow major subdivisions.

The Area Plan Commission held a public hearing on May 14, 2018, for this request. The APC made the recommendation by a vote of 8 yes and 0 no that the commissioners approve this petition.

Director Betts said that the subdivision plat has not gone through the technical review committee or the APC because the rezoning has to be approved first.

Commissioner Diener said that the R-1 District is traditionally in incorporated cities or towns. Director Betts said that they are expected to be, but they are not always.

Commissioner Heimlich asked if there was anyone present to speak about this request.

Joe Rogers pointed out that once you rezone these properties to an R-1 District, you will lose control over the subdivision structure. If this is approved for an R-1 District and the applicant goes before the APC and demonstrates that they can divide the lots into 10,000 sq. Ft. or less, and they meet the requirements; then the APC can’t deny them the subdivision. An R-1 District will give them the opportunity to create a densely populated, residential area in an unincorporated area. In 2008, the RR District was created for the sole purpose of creating subdivisions in an unincorporated area that were not A-1. He said that you couldn’t create a 10,000 sq. Ft lot in an RR District.

Bob Gross, R.W. Gross Engineering, said that the intentions are that the lots will average 4.5 acres.

The Commissioners explained to Mr. Gross that if they intend to have larger lots, and infrastructure isn’t needed, then an R-1 District isn’t what this should be. They felt that an RR District would be better for this area.

Mr. Bob Gross was directed to go back to the Area Plan Department and refile the paperwork requesting to rezone the property to an RR District.

Dirk Fleck, the owner of the property, said that he would like to withdrawal Rezoning Petition #1081 and he will reapply under the RR District as recommended by the commissioners.

Commissioner Heimlich said to Director Betts that it would be very helpful that they are put on the next APC meeting since they already have all of the paperwork.

Rezone Petition #1082

Summer Chase Construction LLC/Abelina Leyva requested to withdrawal their petition based on the same reason as petition #1081.

 

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 Bruce Clear Denny Carter

Jim Annis Jim Davis Casey Crabb

Councilman Art Anderson was absent.

ECONOMIC DEVELOPMENT

President Randy Mitchell presented the Business Summary for May 2018.

The current unemployment rate is 3.2% for White County.

The sale of the shell building is complete and sold to EggLife LLC, a division of Rose Acre Farms. They’re looking to hire 30 people. They’re going to add on to the building right now, and they are hoping to be in production by the first of the year 2019.

AREA PLAN

Director Colin Betts reported that the Building Department issued 30 permits in April, four of them were for new dwellings.

ENVIRONMENTAL DEPARTMENT

Environmental Officer Jim Reynolds presented the following Environmental Report for May.

· Received 116 calls/complaints on various issues.

· Issued four septic permits.

· Made ten landfill inspections.

· Working with County Attorney on nuisance properties.

AIRPORT

Chad Baumgartner, board member, said that the Airport would have an open house on Saturday, July 7.

Mr. Baumgartner displayed four images of road design options for the new Luse Road. They will advertise and hold a public meeting on Tuesday, June 12 from 4:00 to 6:00 p.m. to get the public’s input.

E-911 Department

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

Director Brooks said that if the county moves forward with leasing space on the Verizon tower located at 4967 E. CR 400, the cost of the equipment will be $568,911. There is a system discount available for $71,114 if the contract is signed by July 26, 2018.

Director Brooks thanked the Thomas R. Billeaux family for donating to the E-911 Department.

IVY TECH BUILDING

Commissioner Heimlich said that Ivy Tech’s enrollment numbers have been declining statewide. The current lease contract with Ivy Tech in Monticello ends in July, and they would like to enter into a Memorandum of Understanding.

With the Memorandum of Understanding the county will be responsible for the maintenance, custodial service, utilities and other services of the building; whereas before, Ivy Tech was responsible for everything. Ivy Tech will pay a fee per course, per semester for the use of the classroom space. The fee will only be assessed for class offerings which have sufficient enrollment for the class to commence.

Commissioner Heimlich said that they could rent out the extra space in the building to someone else.

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

LOCHMUELLER GROUP

Chris Jensen and Steve Flemming appeared before the commissioners giving a brief presentation on the services that Lochmueller Group offers. They would like to have an opportunity to work with White County in the future.

IVY TECH CONTRACT

· Commissioner Burton made a motion to accept the Memorandum of Understanding from Ivy Tech, seconded by Commissioner Diener. Vote: Unanimous

PROPOSED ORDINANCE RESTRICTING POSSESSION OF WEAPONS AT THE WHITE COUNTY GOVERNMENT BUILDING, COURTHOUSE PREMISES, AND OTHER COUNTY OFFICES – 3rd READING

Attorney Loy announced that on April 16, 2018, Judge Thacker and Judge Mrzlack entered a temporary order through their courts prohibiting possession of weapons inside the courthouse. The temporary order will expire upon enactment of this ordinance.

Attorney Loy explained that court orders are enforced by contempt proceedings, and county ordinances are enforced by penalties and fines. Since the last time this was discussed, there’s been a request for inclusion of language permitting the Sheriff to have storage for people who come into the courthouse knowing that they have weapons.

Commissioner Diener said that he would like to have the Ivy Tech building added as one of the locations.

· Commissioner Diener made a motion to enter $250 under the penalty section, seconded by Commissioner Burton. Vote: Unanimous

· Commissioner Diener made a motion to approve Ordinance No. 18-05-21-02, White County Commissioners’ Ordinance Restricting Possession of Weapons at the White County Government Building, Courthouse premises, and other County offices, seconded by Commissioner Burton. Vote: Unanimous

NOTICE OF ADOPTION OF

ORDINANCE NO. 18-05-21-02

WHITE COUNTY COMMISSIONERS’ ORDINANCE RESTRICTING

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

Notice is hereby given that on May 21, 2018, the White County Commissioners approved and adopted Ordinance No. 18-05-21-02 reading, in part, 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.

5. Within the office building owned by White County located at 1017 O'Connor Blvd., 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.

The White County Sheriff may provide reasonable temporary storage of prohibited weapons for persons requesting such storage who are otherwise lawfully carrying such weapons into the White County Government Building for the duration of such person’s presence in the White County Government Building.

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 Two Hundred Fifty Dollars ($250.00). 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.

NUISANCE ORDINANCE

Mike Tripplett, 4866 N. Boxman Place, asked for direction on how to address the nuisance problem on a neighbor’s property.

Environmental Officer Jim Reynolds said that the property is not in a residential area, it’s zoned agricultural, so the Nuisance Ordinance doesn’t apply. He was able to get some things cleaned up on the property. He talked with Judge Thacker in regards to the living environment and the judge had told him that there wasn’t a law that says a person can’t live in a shed. He really doesn’t know what to do at this point.

County Attorney Loy said that he would take a look at what Mr. Tripplett presented. He said that property owners are allowed to file a Nuisance action through the court.

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