Get Adobe Flash player

 

BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, November 5, 2018, in the White County Building, 2nd -floor Commissioners’ Conference Room, beginning at 8:00 a.m.

Commissioners present were: President John C. Heimlich, Commissioner Steve Burton, and Commissioner David Diener. Also present was White County Attorney George Loy, White County Auditor Gayle Rogers, and Commissioners’ Assistant Donya Tirpak.

Commissioner Heimlich called the meeting to order.

MINUTES

· Commissioner Diener made a motion to approve the minutes for the regular meeting on October 15, 2018, and the Executive Sessions on September 17, 2018, and October 15, 2018; seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

· Commissioner Burton made a motion to approve payroll for October 22, 2018, and November 5, 2018; 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

FARM LEASE - WOLCOTT

County Attorney George Loy said that this property would be traded with SHR Farms shortly for an upcoming development project. He tried contacting SHR Farms to discuss this issue, and he did not receive a response.

Commissioner Diener suggested tabling this decision until the land transfer is completed and maybe at that time something can be worked out with the farmers.

At this time, the commissioners tabled this discussion until the land transfer is completed.

AREA PLAN

Interim Director Joe Rogers asked the Commissioners which direction they would like for him to take with the new permit software that the former director purchased. As discussed at the last meeting, there are a lot of issues with the new software. He asked if he should abandon the software agreement with Sidwell and start looking for a new one, or wait until the new director is hired and then start the process.

Commissioner Diener asked what the Area Plan Commission recommended.

Director Rogers said that the transition committee felt that he, Interim Director Rogers, should stay with the department while they are making the software implementation, which could take all of 2019. In 2020, they are hoping that the software could be implemented and the new director could be hired after that. If the Sidwell contract can’t be terminated for another four or five months, then the director should be hired first, and then the software will be chosen.

Commissioner Burton asked Director Rogers if he had any confidence in the software from Sidwell.

Director Rogers explained that they couldn't run the software because 39 Degrees North has to agree to

parse data, which he doesn’t believe they’re willing to do that. He recommends that we move away from Sidwell.

County Attorney Loy asked to see the contract so he can write up a termination letter.

Commissioner Diener said that he would attend the next Area Plan Commission meeting with Director Rogers, so a decision can be made on how to move forward with this.

RESOLUTION – INNKEEPERS TAX CODE

The Innkeeper’s Tax Commission asked Mr. Rogers, as their consultant, to amend the current Indiana Code to increase the Innkeeper’s tax base for White County. Mr. Rogers presented a resolution requesting modification of IC 6-9-10.5 of the White County Innkeeper’s Tax Code.

To demonstrate to the General Assembly that this is supported, Senator Buchanan requested a resolution from the Commissioners.

· Commissioner Diener made a motion to approve Resolution No. 18-11-05-01, requesting modification of IC 6-9-10.5 of the White County Innkeeper’s Tax Code, seconded by Commissioner Burton. Vote: Unanimous

 

RESOLUTION NO. 18-11-05-01

RESOLUTION OF THE BOARD OF COMMISSIONERS

OF WHITE COUNTY, INDIANA, REQUESTING MODIFICATION OF IC 6-9-10.5

OF THE WHITE COUNTY INNKEEPER’S TAX CODE

WHEREAS, in order to provide for public health, safety, and general welfare, the ongoing orderly and harmonious growth of White County and to provide efficiency and economy in the process of maintaining one of the County’s most critical assets, the Board of Commissioners of White County, Indiana, find it is necessary to consider and improve the effectiveness and fairness of the Innkeeper’s Tax Code, I.C. 6-9-10.5, et seq.,; and,

WHEREAS, the Board of Commissioners has determined that the current Indiana Code should be amended; and,

WHEREAS, the White County Innkeeper’s Tax Commission has proposed to the governing bodies of White County that support be given for a Code Amendment to accomplish an increase in tax base and; consequently, an increase in revenue stream; and,

WHEREAS, without such change, maintenance of Lake Shafer and Lake Freeman will be hindered and, quite possibly crippled; and,

WHEREAS, failure to address the Innkeeper’s Tax structure will be detrimental to the County and the State as a whole; and,

WHEREAS, without such change, the economic status of the White County Community, at large, will be negatively impacted as well as the community services provided by local government to it citizenry; and,

WHEREAS, under the current Code there is a competitive disparity between those entities providing short term rentals subject to tax collection responsibilities and those entities providing short term rentals and not subject to tax collection responsibilities; and,

WHEREAS, it is desirable to even the playing field between short term rental providers; and,

WHEREAS, the Board of Commissioners of White County, Indiana, has determined that certain disparities, inequalities, and inadequacies in the application of Innkeeper’s Tax Code needs to be addressed; and,

WHEREAS, the Board of Commissioners of White County, Indiana finds that it is in the best interest of White County, Indiana, its governing bodies and its citizenry to have IC 6-9-10.5-6 amended.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Commissioners of White County, Indiana the following:

That the Indiana General Assembly amend the language of I.C. 6-9-10.5-6: Sec. 6. (a) to read as follows:

“The fiscal body of a county may levy a tax on every person engaged in the business of renting or furnishing, for periods of less than thirty (30) days, any room or rooms, lodgings, or accommodations in any:

hotel;

(1) motel;

(2) inn;

(3) tourist cabin;

(4) campground space;

(5) resort; or,

(6) any other building or structure

in which lodgings are regularly furnished for consideration in White County.”

By implementation of the above amendment, White County should accomplish the following goals and objectives:

a) To correct competitive disparities between short term rental providers;

b) To increase the tax base of short-term rental providers;

c) To increase tax collections from a more comprehensive base without increasing the tax rate;

d) To provide additional revenues to support the critical maintenance activities of Lake Shafer, Lake Freeman and their associated waterways;

e) To assist in maintaining the economic stability of the area;

f) To assist in preserving the health and safety of White County citizens and the multitude of tourists that visit the lakes and lake area annually;

g) To maintain the high quality of visiting experience offered to tourists who visit the lakes and lake area annually; and,

h) To maintain and preserve the natural and critical assets located within the County.

REGULATING ODORS IN WHITE COUNTY

Interim Area Plan Director Joe Rogers submitted the Options for the Enhancement of White County’s Legal Authority to Regulate Odor report which was done by Cornerstone Environmental Health & Safety, Inc. Director Rogers was asked to work with Cornerstone to put together something that will allow White County to regulate odors specifically, in the Mid America Commerce Park.

Director Rogers recommended that the Commissioners pursue an amendment to the zoning ordinance, which includes a sector base odor management plan requirements for specific industries. He would also like to see the ordinance compatible with the Nuisance Ordinance.

Economic Development President Randy Mitchell said that when we have a prospect that comes to White County, we will now have a document that states what our requirements and expectations are for odor.

The commissioners agreed with Director Rogers’ recommendation and authorized him to move forward with the amendment to the zoning ordinance.

MID AMERICA COMMERCE PARK – CR1100 W. IMPROVEMENTS

Brian Pohlar, HWC Engineering, explained that the original contract did not include water and sewer because they had thought that when new industries come in that they would connect individually to the water and sewer that’s along the railroad right-of-way. As they were going through the design, they determined that it would be better to put access up to HWY 24 and CR1100 W. and then extend water and sewer down the access road that they’re putting in.

Mr. Pohlar requested approval of Contract Amendment #1 to include design and permitting of water and sanitary sewer infrastructure in the design of the project for $13,000.

· Commissioner Diener made a motion to approve Contract Amendment #1 with HWC Engineering for improvements to CR1100 W., seconded by Commissioner Burton. Vote: Unanimous

ELECTED OFFICIAL’S BENEFITS

Auditor Gayle Rogers presented an ordinance that clarifies insurance benefits for all elected officials, so we are compliant with recent state rulings. Currently, the county does not offer county paid insurance to the Coroner or County Council. She said that the state does not recognize elected officials as part-time employees, which is why the Coroner and the County Council members have never received the county’s insurance benefits. If we’re going to offer elected officials insurance benefits, then we need offer them to all elected officials.

· Commissioner Burton made a motion to approve Ordinance No. 18-11-01-01, clarifying elected official eligible benefits, seconded by Commissioner Diener. Vote: Unanimous

ORDINANCE NO. 18-11-05-01

ORDINANCE CLARIFYING ELECTED OFFICIAL INSURANCE BENEFITS

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

Elected County Officials are eligible for insurance benefits the same as full-time insurance benefit eligible employees.  Elected County Officials for purposes of this ordinance include County Auditor, Treasurer, Recorder, Assessor, Clerk, Surveyor, Sheriff, Coroner, Commissioners, and Council

On January 1, 2019, this ordinance will be incorporated as an amendment to any department Personnel Policy currently in effect.

TAX SALE CERTIFICATES

Auditor Gayle Rogers presented a resolution assigning two properties that did not sell at the last Tax Sale to the City of Monticello. The two properties are located:

1. 318 Cleveland Street, Monticello

2. 221 Dewey Street, Monticello

· Commissioner Diener made a motion to approve Resolution No. 2018-11-05-02 assigning two tax sale certificates to the City of Monticello, Indiana, seconded by Commissioner Burton. Vote: Unanimous

RESOLUTION NO. 2018-11-05-02

A RESOLUTION ASSIGNING TAX SALE CERTIFICATES

TO THE CITY OF MONTICELLO, INDIANA

Whereas, White County, Indiana, by and through its Board of Commissioners, is the holder of tax sale certificates on the properties described in Exhibit A attached hereto;

Whereas, pursuant to I.C. 6-1.1-24-9, the White County Board of Commissioners may assign tax sale certificates held in the name of the county executive to any political subdivision;

Whereas, the City of Monticello, Indiana has expressed a desire to obtain tax sale certificates on the properties described in Exhibit A and has requested from the White County Board of Commissioners an assignment of those certain tax sale certificates; and

Whereas, it is a benefit to both White County and the City of Monticello that the tax sale certificates for the properties described in Exhibit A now be assigned to the City of Monticello, Indiana.

NOW, THEREFORE, BE IT RESOLVED BY THE WHITE COUNTY, INDIANA BOARD OF COMMISSIONERS:

1. That White County, Indiana by and through its Board of Commissioners hereby approves the assignment of those tax sale certificates held by the county to the City of Monticello, Indiana for the properties described in Exhibit A attached hereto.

2. That all taxes, penalties, and assessments against the properties described herein shall be waived for the tax year 2017 payable 2018 and prior as to the City of Monticello, Indiana.

3. That the period of redemption of the properties described herein shall be for one hundred twenty (120) days from the date the certificates are assigned pursuant to applicable law.

RECYCLE – NEW TRUCK

Director Dawn Girard submitted two quotes for a new packer, cardboard, truck for the Recycling Department. The Council approved $150,000 in her budget for 2019. She requested to use the remaining $4,201.70 from the 2018 Northwest Indiana Solid Waste District (NWISWD) grant funds and the $10,000 from the 2019 NWISWD grant funds to apply towards the payment. Her recommendation was to go with the low quote from Pyramid Equipment.

Quotes were received from the following:

1. Best Equipment Company, Lafayette, IN $152,901

2017 International 4400 mounted on a 20 yd Leach Alpha.

2. Pyramid Equipment, Inc., Rolling Prairie, IN $133,635

2019 International MV607SBA Chassis

Commissioner Diener suggested that she use the money that the Council approved in her budget for the truck and to save the $10,000 for other unforeseen equipment expenses that may arise in 2019.

· Commissioner Burton made a motion to accept the quote from Pyramid Equipment, Inc., for $133,635, seconded by Commissioner Diener. Vote: Unanimous

APPLICATION FOR DATA SHARING

Area Plan Director Joe Rogers submitted a request for data sharing information from Mapping Solutions. A copy of the county ordinance has been submitted to them, and they have paid the application fee. Mapping Solutions wants the information because they are publishing plat books for the Soil & Water Conservation District.

Director Rogers said that 39 Degrees North would be providing them with the information, but the Commissioners must approve the request first.

· Commissioner Diener made a motion to approve the Data Sharing Application as presented for Mapping Solutions, seconded by Commissioner Burton. Vote: Unanimous

TOWN OF WOLCOTT WASTEWATER UTILITY PLANNING DOCUMENT

County Attorney Loy submitted an agreement from Commonwealth Engineers, Inc., to update the current Wolcott Wastewater Utility Planning Document. The cost of the agreement is not to exceed $20,000.

The current document reflects dated costs associated with upgrading the existing facility from 200,000 gpd to 400,000 gpd. The revised document will outline costs associated with upgrading the existing facility to 600,000 gpd (allocating 400,000 gpd to the County).

· Commissioner Burton made a motion to accept the agreement from Commonwealth Engineers, Inc., seconded by Commissioner Diener. Vote: Unanimous

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