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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, November 19, 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 November 5, 2018, seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

· Commissioner Diener made a motion to approve payroll for November 19, 2018, seconded by Commissioner Burton. Vote: Unanimous

CLAIMS

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

ODYSSEY STATE SOFTWARE COURT CASE MANAGEMENT SYSTEM

White County Superior Court Judge Mrzlack presented a proposed resolution requesting to implement the Odyssey statewide court case management software system.

Judge Mrzlack said that the county has been paying for their case management software system with CSI since 2006. There will be no cost to White County to use the statewide Odyssey software. The software program has been around since 2007, and since we are now getting a new Clerk and Judge, he felt that it’s time to switch over. The process will take six months to one year to put into place.

Commissioner Diener said that there are 65 counties that are currently using the system. There are no fees to the county because the state collects a filing fee for every case that is filed. Those funds pay for the Odyssey software system.

· Commissioner Diener made a motion to adopt Resolution No. 18-11-19-01, agreeing to deploy the statewide court case management system to the White County Courts, seconded by Commissioner Burton. Vote: Unanimous

 

RESOLUTION NO. 18-11-19-01

RESOLUTION OF THE WHITE COUNTY BOARD OF COMMISSIONERS AGREEING TO DEPLOY THE STATEWIDE COURT CASE MANAGEMENT SYSTEM TO THE WHITE COUNTY COURTS

WHEREAS, White County (the “County”) currently pays a third party vendor for the maintenance and support of the County’s current court case management system software; and

WHEREAS, the Indiana Supreme Court’s Office of Appellate and Trial Court Technology (“TCT”) signed a state contract in 2007 with Tyler Technologies, Inc. purchasing the rights to use a statewide court case management system called “Odyssey” for all judicial staff in Indiana and TCT has been deploying Odyssey to the trial courts and city and town courts since 2007; and

WHEREAS, in addition to paying the initial licensing costs for the Odyssey software, TCT is responsible for paying the yearly software maintenance and support costs, and counties using Odyssey do not incur any yearly costs to use the software; and

WHEREAS, Odyssey is being offered to the White County, Indiana trial courts and Circuit Court Clerk at no cost to the County other than the incidental cost that may be required in order to upgrade computer equipment maintained and used in the local courts’ and clerk’s offices; and

WHEREAS, TCT agrees to pay for the training of employees in the courts, Circuit Court Clerk, prosecutor and probation staff; and

WHEREAS, Odyssey offers our citizens access to non-confidential court case information at no cost over the Internet at mycase.in.gov; and

WHEREAS, implementation of the statewide Odyssey case management system is in the best interest of the county and we support Odyssey implementation for the trial courts and the Circuit Court Clerk for White County, Indiana.

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of White County, Indiana, as the legislative body of White County, Indiana, that:

1. The Commissioners hereby agree to terminate the existing contract for the operation of

White County’s current case management system at the end of the contract period following the deployment of the Odyssey case management system.

2. The Commissioners hereby agree to deploy the statewide Odyssey case management

system in White County at a date to be set in coordination with TCT.

3. The members of the Board of Commissioners, the County Council, the Circuit Court

Clerk of the County, the Circuit and Superior Courts of the County, and other appropriate officers of the County are hereby authorized to take all such actions and execute all such instruments as are necessary or desirable to effectuate this Resolution and the implementation of this policy.

AREA PLAN – WINDWARD PUD

Interim Director Joe Rogers discussed a 4.39-acre Planned Unit Development (PUD) that was approved by the Commissioners on April 17, 2006. The property is located south of Monticello, on the White County and Carroll County line, off of South Oakdale Road. The PUD is more commonly known as Winward.

Director Rogers said that the Windward PUD never went through final approval and was never developed. The PUD is now classified as an abandon PUD. With an abandon PUD, the Commissioners can request that the property is rezoned back to its original zoning district, or whatever zoning they desire. If the property is not reverted to a standard zoning district, there can be no development done on the property beyond a PUD development.

Director Rogers recommended that the Commissioners request him to initiate a rezoning petition to remove the PUD zoning. He recommended that it be changed back to an A-1 District.

Commissioner Heimlich asked if the owners have been contacted.

Director Rogers said that he did send a letter to Greg and Jerilyn Jacobs. If he is directed to rezone the property by the Commissioners, the owners will be contacted stating that there’s been a petition submitted requesting to rezone the property from a PUD to whatever district is decided.

Commissioner Burton asked how this all started.

Director Rogers said that three years ago he identified some legal action that took place on the property relative to IDEM. He was aware then that the PUD plans had never been finalized and now he is bringing it to the Commissioners attention.

Commissioner Burton asked what the surrounding properties, in White County, are zoned.

Director Rogers said that the properties to the west are zoned A-1, and the properties to the north are L-1 or R-2.

Commissioner Heimlich asked how the land is being used today.

Director Rogers said that the land that is available is being used for agriculture. There are two ponds on the property, which was part of the issue with IDEM. It’s undeveloped at this point.

Commissioner Burton said that he’s okay with what Director Rogers is trying to do, but he wants a letter sent to the current owners, so they are notified.

Director Rogers said that he would send out a letter and report back whatever response he receives.

· Commissioner Diener made a motion that the Area Plan office initiate the process of rezoning the 4.39-acre abandon Windward PUD back to an A-1 District, seconded by Commissioner Burton. Vote: Unanimous

BUILDING ACCESS POLICY - AMENDED

HR Director Leah Hull presented the following amendments to the White County Building Access Policy and Procedures on behalf of the Security Committee:

P. Building access does not grant or imply approval of access of any items or weapons that are prohibited under existing Law/Ordinance into the County Government building for any purpose.

Q. Employees and Business Associates, with or without issued building access privileges, are subject to search at the discretion of the Security/Law Enforcement Officer(s) in the building.

R. Any Department Head or employee with a customer in the building after 4 pm is responsible for escorting that person out of the building.

· Commissioner Burton made a motion to accept the amendments (P, Q, R) to the White County Building Access Policy and Procedures as presented, seconded by Commissioner Diener. Vote: Unanimous

EMPLOYEE DESIGNATED PARKING POLICY

HR Director Leah Hull presented the following amendments to the Employee Designated Parking Policy:

Employees are not to park in customer parking areas violating the City of Monticello’s Parking Ordinance below:

“Within any such zone so designated as a two-hour parking zone, parking shall be limited to a period of two hours between the hours of 8;00 a.m. to 5:00 p.m., Monday through Friday, and from 9:00a.m. to 1:00p.m. every Saturday. It shall be unlawful and a violation of the provisions of this section for any person to cause, allow, permit or suffer any vehicle registered in the name of, or operated by such person, to be parked during such hours for longer that two hours. Further, it is a violation of this section for any such car to be parked longer that a total of two hours, on either side of the street with one block, regardless of the number of spaces such car has occupied or number of times such car has parked and thereafter moved to a different space within the one block, within the time period. (77 Code § 10-33) (Ord 2009-05, passed 1-20-09) (Penalty see § 72.99).”

White County Government provides free parking to County employees in designated areas. County Courthouse Employees are expected to park in the parking lots approved by the White County Commissioners as designated parking for employees so they do not violate the City’s Parking regulations.

All county owned or leased vehicles, shall be parked in accordance with the City of Monticello’s Parking Ordinance and/or in the parking lots approved by the White County Commissioners as designated parking for employees.

This policy applies equally to all elected officials/department heads, and employees.

Accessible parking areas are provided as required by law. Employees requiring ADA compliant parking are allowed to use County designated accessible parking areas as provided and may be asked to provide disability parking placards and/or license plates. (ADA accommodation applications are available in the Human Resources Department).

Vehicles abandoned in County parking lots for an extended period of time will be towed at the owner’s expense.

Violators of this policy will be subject to disciplinary action up to and including termination and may also be ticketed or towed at the owner’s expense.

If approved, this policy will be in the new White County Personnel Policies Handbook. This policy is more directed toward courthouse employees, not employees from other county buildings that come to drop off paperwork.

· Commissioner Diener made a motion to approve the amendments to the Employee Designated Parking Policy as presented, seconded by Commissioner Heimlich. Vote: 2 Yes, 1 No (Burton)

Commissioner Burton said that the county owns property around the courthouse, and continues to own more property. As consumers of those parking spots, we should have the same right as the city.

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 Art Anderson

Jim Annis Jim Davis Casey Crabb

Denny Carter was absent.

HIGHWAY DEPARTMENT

Highway Superintendent Mike Kyburz said that he is currently working on a federal aid application for rehabilitating Bridge #315, Lowes Bridge.

ECONOMIC DEVELOPMENT

President Randy Mitchell presented the Business Summary report for October 2018.

Two new business start-ups for White County are BS Landscaping Service, in Monticello, and Bent Tree Coffee Shop, in Brookston.

AIRPORT

Airport Board Member George Green appeared to report on the current Airport projects.

South Taxiway Project:

Mr. Green reported that the south taxiway project, taxiway from the terminal building going south along the airport, had to be replaced. When the runway was widened, the FAA required them to move the taxiways further to the east to get them away from runway traffic. The north part has already been done, and now they need to go from the terminal south. They’ve applied for grants through the FAA, and they are in the process of collecting bids. Grants were not awarded to any airports in Indiana this year, but White County will be in a high priority group for funding next year.

Luse Road Project:

The Environmental Assessment is underway to determine if the new Luse Road will fit where they want it to go. No grant funding was approved for this project, but they’re hoping approval will come in 2019 or 2020.

Ramp Project:

They will be renovating the ramp that’s located near the terminal building, which includes moving the fuel farm. The relocation of the fuel farm will have to be paid upfront, and then the funds will be reimbursed by a grant. This project will not begin until the south taxiway project is completed.

Tree Obstruction Project

Mr. Green discussed the issue with approach obstructions when you’re coming in with an airplane from the south and landing to the north. The FAA has demanded that the tree obstructions be taken care of, so they have a legal landing glide slope for airplanes coming in. They’ve hired an arborist to come in and evaluate the trees, south of the airport, to determine which trees need to be removed or topped off and the value of the trees. Once the report is completed and submitted, they will collect bids to have this work done, and work with homeowners for the right-of-way.

Mr. Green reported that Harry Voorhis is retiring from the board December 31, 2018. A new board member will need to be appointed.

BUILDING DEPARTMENT

Interim Director Joe Rogers said building permits are down 10% from last year. New home construction permits are up 30%.

The APC met on November 13 and decided that Mr. Rogers will remain as Interim Director through 2019. An Assistant Director will be hired and in training for six months, or around June 2020, and then appointed Director.

ENVIRONMENTAL REPORT

Environmental Officer Jim Reynolds presented the Environmental Report.

· Received 87 Calls/Complaints on various issues

· Issued five septic permits

· Made ten landfill inspections

· Attended EVOC Training

SOIL & WATER

Shannon Heidrich was introduced as the new Office Manager for the White County Soil & Water Conservation District.

PERSONNEL POLICY HANDBOOK

HR Director Leah Hull presented an amended White County Personnel Policy Handbook for the Commissioners to review. The handbook has been legally reviewed by Huntington Insurance.

County Attorney Loy said that he would prepare a resolution or an ordinance for the final approval.

· Commissioner Burton made a motion to accept the White County Personnel Policy Handbook on the first reading and to schedule it for the second reading for December 17, 2018, seconded by Commissioner Diener. Vote: Unanimous

MID AMERICA COMMERCE PARK (MACP) - CONSIDERATION OF RESOLUTION APPROVING AMENDMENT OF THE WHITE COUNTY MACP ECONOMIC DEVELOPMENT PLAN

County Attorney Loy presented and discussed a resolution of the Commissioners approving the Declaratory Resolution of the Redevelopment Commission and amendment of the Economic Development Plan for the White County Mid-America Commerce Park Economic Development Area.

County Attorney Loy reminded everyone that in 2007 the County (Commissioners, Area Plan and Redevelopment Commission) created a tax increment financing (TIF) District for the Wolcott Corridor area. As time went on, they realized that it needed to be more than a TIF District and make it shovel ready. Water and sewer were extended to the area from the Town of Wolcott. Soon after that, the County decided to build a Shell Building to make the area even more attractive. In 2015, the TIF District was expanded from 1,300 acres to 2,600 acres, and the name was changed from the Wolcott Corridor area to the Mid-America Commerce Park Economic Development Area. In 2018, the Shell Building sold and another major business committed to a 15-acre site in the area.

Now, the County wants to purchase just under 40 -acres at the intersection of Hwy 24 and CR 1100 W for expansion and improvements of CR 1100 W. The cost of the land purchase and the intersection improvements are going to cost $5.4 million. Whenever the County purchases land within a TIF District, the Economic Development Plan has to be amended.

Last month the Redevelopment Commission adopted a new Economic Development Plan and last week the plan was approved by the Area Plan Commission. It’s now the Commissioners turn to approve the plan and the Declaratory Resolution. After approved, it will go back to the Redevelopment Commission for a public hearing.

Commissioner Heimlich said that the $5.4 million would be borrowed from the Landfill fund and then paid back from the TIF money coming back from these industries.

· Commissioner Burton a motion to approve Resolution No. 18-11-19-02, approving the Declaratory Resolution of the White County Redevelopment Commission and the amendment of the Economic Development Plan for the White County Mid-America Commerce Park Economic Development Area, seconded by Commissioner Diener. Vote: Unanimous

RESOLUTION NO. 18-11-19-02

RESOLUTION OF THE WHITE COUNTY BOARD OF COMMISSIONERS APPROVING THE DECLARATORY RESOLUTION OF THE WHITE COUNTY REDEVELOPMENT COMMISSION AND AMENDMENT

OF THE ECONOMIC DEVELOPMENT PLAN FOR THE WHITE COUNTY

MID-AMERICA COMMERCE PARK ECONOMIC DEVELOPMENT AREA

WHEREAS, the White County Redevelopment Commission (the “Commission”), as the governing body of the White County Department of Redevelopment, pursuant to I.C. 36-7-14, as amended (the “Act”), previously adopted its Resolution No. 2015-4 (the “Original Resolution”) designating the area known as the White County Mid-America Commerce Park Economic Development Area (the “Economic Development Area”) as an economic development area pursuant to Section 41 of the Act, and designated all of such area as an allocation area pursuant to Section 39 of the Act (the “Allocation Area”); and

WHEREAS, the Original Resolution approved an Economic Development Plan for the Economic Development Area (the “Original Plan”); and

WHEREAS, on October 31, 2018, the Commission adopted Resolution No. 2018-1 (the “Declaratory Resolution”), which approved an Amended Economic Development Plan (the “Amended Plan”); and

WHEREAS, on November 13, 2018, the White County Area Plan Commission adopted an order (the “Plan Commission Order”) determining that the Declaratory Resolution and the Amended Plan conform to the plan of development for White County (the “County”) and approving the Declaratory Resolution and the Amended Plan; and

WHEREAS, pursuant to Section 16(b) of the Act, the Commission has submitted the Declaratory Resolution and the Amended Plan to the White County Board of Commissioners, as the County executive.

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

1. Pursuant to Section 16(b) of the Act, the Board of Commissioners hereby determine that the Declaratory Resolution and the Amended Plan conform to the plan of development for the County, and hereby approves, in all respects, the Plan Commission Order, the Declaratory Resolution, and the Amended Plan.

2. This resolution shall be in full force and effect from and after its adoption.

NEW LANDFILL HOST AGREEMENT

County Attorney Loy said that the old Landfill Host Agreement started in 1998 with a 20-year term and an escalated annual rate of five cents ($.05) per ton. The starting rate for in-state waste was $2.50, and out-of-state waste was $2.75 per ton. The new Landfill Host Agreement will escalate at an annual rate of ten cents

($.10) per ton for the next ten years. The starting rate for in-state waste will be $3.475 per ton, and out-of-state waste will be $3.725 per ton.

County Attorney Loy submitted a resolution approving White County – Liberty Landfill Host Agreement.

· Commissioner Burton made a motion to approve Resolution No. 18-11-19-03 approving White County – Liberty Landfill Host Agreement, seconded by Commissioner Diener. Vote: Unanimous

RESOLUTION NO. 18-11-19-03

RESOLUTION OF THE WHITE COUNTY BOARD OF COMMISSIONERS APPROVING WHITE COUNTY-LIBERTY LANDFILL HOST AGREEMENT

WHEREAS, White County, Indiana is a political subdivision of the State of Indiana acting by and through its Board of Commissioners (the “County”); and

WHEREAS, Liberty Landfill, LLC an Indiana limited liability company (“Liberty Landfill”), owns and operates a solid waste land disposal facility known as Liberty Landfill (the “Facility”) located in Liberty Township, White County, Indiana, permitted by the Indiana Department of Environmental Management (“IDEM”) under Solid Waste Facility Permit Number FP 91-04; and

WHEREAS, Liberty Landfill presently provides solid waste disposal services primarily to communities and solid waste districts throughout the northern Indiana and Illinois regional area; and

WHEREAS, the County and Liberty Landfill entered into a Host Agreement dated November 20, 1998 (the “Original Agreement”), wherein Liberty Landfill agreed to pay to the County a local government host fee (“Host Fee”) in a certain sum based upon municipal solid waste disposed of at the Facility per ton which originates within the State of Indiana, and a higher fee per ton of municipal solid waste disposed of at the Facility which originates outside the State of Indiana; and

WHEREAS, the Host Fee under the Original Agreement escalated at an annual rate of five cents ($.05) per ton during the term of Original Agreement; and

WHEREAS, the term the Original Agreement was for twenty (20) years which expires November 20, 2018; and

WHEREAS, the County acknowledges the need for the continued operation of the Facility as the primary disposal facility for waste generated in the County; and

WHEREAS, the County believes that the continued operation of the facility under the terms of this Agreement will continue to provide certain economic benefits to the County, including maintenance of cost-effective and environmentally sound disposal capacity; and

WHEREAS, the County desires to enter into a new Host Agreement for a period of ten (10) years, commencing November 20, 2018, upon the terms, conditions, and Host Fee set forth in the “White County-Liberty Landfill Host Agreement” presented to the White County Board of Commissioners this date; and

WHEREAS, the County believes that the terms of this new Host Agreement and the Host Fee payment from Liberty Landfill set forth therein will benefit the County and its residents.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the White County Board of Commissioners, is hereby authorized and directed to enter into and execute the “White County-Liberty Landfill Host Agreement” presented to the Board of Commissioners this date to be effective November 20, 2018.

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

 

 

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