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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Tuesday, January 22, 2019, in the White County Building, 2nd -floor Commissioners’ Conference Room, beginning at 8:15 a.m.

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

Commissioner Heimlich called the meeting to order.

MINUTES

· Commissioner Diener made a motion to approve the minutes from the regular meeting held on January 7, 2019, seconded by Commissioner Heimlich. Vote: Unanimous

PAYROLL

· Commissioner Diener made a motion to approve payroll for January 14, 2019, seconded by Commissioner Heimlich. Vote: Unanimous

CLAIMS

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

CONSIDERATION OF WHITE COUNTY DEMOLITION ORDINANCE

White County Attorney George Loy presented an ordinance creating a commercial and industrial site demolition application and permit process for White County.

Attorney Loy said that Area Plan Director Joe Rogers put the ordinance together. The ordinance applies only to the demolition of commercial and industrial sites. The ordinance puts the responsibility on the property owner and the contractor doing the demolition. The ordinance will prevent us from being in the same situation that we were in when the old hospital property sold. There is an application, a fee and a bond that’s required.

· Commissioner Diener made a motion to suspend the rules to pass the ordinance on the first reading, seconded by Commissioner Heimlich. Vote: Unanimous

· Commissioner Diener made a motion to adopt Ordinance No. 19-01-22-01, creating a commercial and industrial site demolition application and permit process for White County, seconded by Commissioner Heimlich. Vote: Unanimous

ORDINANCE NO. 19-01-22-01

AN ORDINANCE CREATING A COMMERCIAL AND

INDUSTRIAL SITE DEMOLITION APPLICATION

AND PERMIT PROCESS FOR WHITE COUNTY, INDIANA

WHEREAS, the White County Board of Commissioners desires to establish a demolition application and permitting process for the purposes of managing commercial and industrial demolition activities; and,

WHEREAS, the regulation of demolition activities is to assure such activities are executed in a manner which protects the health, safety and general welfare of the citizens of White County and the general public;

WHEREAS, the management of such activities will protect property values within the County, promote preservation of valuable property resources and create future, economic development opportunities for White County; and,

WHEREAS, it is necessary to determine fees to defray administrative costs incurred by the County to manage demolition activities; and, determine the penalties for the violation of this Ordinance; and

WHEREAS, there are no other reasonable means by which demolition activities can be properly managed by the County.

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

Section 1: Definitions: For the purposes of this Ordinance, the following definitions apply:

Administrative Director: The individual appointed by the White County Area Plan Commission to manage and supervise Area Plan Staff or any appointee designated by the White County Board of Commissioners.

Building: A structure having a roof supported by columns or walls, for the support, enclosure or protection of persons, animals, chattel or other property.

Demolition: All activities affiliated with the destruction, removal, or disposal of all or any part of a building or structure as well as site restoration.

Property Owner: Any person or entity which has ownership or any other interest in, or control of, any real estate and any structure, improvements, or personal property situated thereon

Primary Contractor: The entity or party responsible for all aspects of a demolition process.

Secondary Contractor: An entity or party subordinate to the Primary Contractor with specific and limited responsibilities to a demolition process. This also includes each person or entity to be used to haul any material and/or building or structure from the site.

Site: An area of real estate defined by the smallest rectangle which captures all buildings, structures, improvements, and parking areas or incidental structures associated with such buildings or structures, and maneuvering activities pertaining to the demolition.

Staff: The employees of the White County Area Plan Commission or any employee or group of employees assigned by the White County Board of Commissioners.

Structure: Anything constructed or erected which requires location on or in the ground or attachment to something having a location on or in the ground. The term also includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than 180 days.

Section 2: Purpose and Intent: This Ordinance shall provide the means of regulating, administering and supervising commercial and industrial sites which require or are in need of demolition activities.

Section 3: Demolition Application Fees: The following fees shall be charged and must be paid to the Staff prior to an application being considered complete, based upon the demolition Site area:

$500.00 for up to 10,000 square feet

$1,500.00 for 10,001 to 50,000 square feet

$4,500.00 for 50,001 to 250,000 square feet

$7,500.00 for 250,001 to 500,000 square feet

$10,000.00 for 500,001 or more square feet

Demolition application fees shall not be required for any demolition to be performed by or on behalf of White County or any municipal governmental entity situated in White County. However, a Demolition Permit shall still be required for such entities.

Section 4: Performance Assurance: In addition to the required permit fee, a Performance Assurance shall be posted in the following described amounts, made payable to White County in the form of a surety bond

issued by a corporation licensed to do business in Indiana and approved by the Administrative Director, cash deposit, irrevocable letter of credit, or other form of financial guarantee acceptable to the Administrative Director. The Performance Assurance shall remain in full force and effect during the entirety of the demolition activity under the Demolition Permit until satisfactory completion thereof as determined by the Administrative Director. The Performance Assurance is intended to provide the County with

assurance that the person or entity issued a Demolition Permit performs its obligations required under the Demolition Permit, in full, but shall not in any way limit the amount of obligations, fines, costs, or liability owed by the person or entity issued a Demolition Permit. The County may draw upon the Performance Assurance to the extent that the person or entity issued a Demolition Permit fails or refuses to complete the demolition as required under the Demolition Permit, in which case the County may complete the remaining required demolition, paying the costs incurred therein from the Performance Assurance draw proceeds. The amount of the Performance Assurance to be posted shall be determined by the demolition Site area upon which the demolition activities are to take place, as follows:

Performance Assurance: Square feet of Demolition Site:

$150,000.00 10,001 to 50,000

$250,000.00 50,001 to 250,000

$500,000.00 250,001 to 500,000

$1,000,000.00 500,001 or more

Section 5: Administration: This Ordinance will be administered by the White County Area Plan Commission Staff under the guidance of the White County Board of Commissioners.

Section 6: Application, Application Process and Application Approval & Permit Issuance: The following regulations and guidelines establish the minimum application requirements, the application process and application approval and permit issuance pertaining to Commercial and Industrial Demolition Activities

A: Demolition Application Requirements: For purposes of this Ordinance, the term

“Demolition Application” refers to a completed Demolition Information Form (this form is available from the Staff) as well as any and all documents required by the Demolition Information Form or this Ordinance. The Demolition Application shall also include any and all other documents, materials, information and/or certifications requested by the Administrative Director which, in the Director’s opinion, are relevant to the planned demolition activities. A Demolition Application is not considered complete until the fee stipulated in Section 3 is paid in full, with any Performance Assurance required under Section 4 her0ein.

B: Scope: Any person or entity desiring to engage in demolition, as defined herein, of

any building or structure or associated parking areas or incidental structures, with a Site area of three hundred fifty (350) or more square feet, utilized for any commercial or industrial purpose, either active or passive, is required to submit an application for each Site targeted for such activity; although, such application may cover parking areas or incidental structures associated

with the subject building or structure. No commercial or industrial demolition, destruction or removal shall be allowed to occur without issuance of a unique Demolition Permit authorized by the Administrative Director. No person or entity shall be permitted to demolish, destroy, or remove only a portion of the exterior wall of a building or structure in order to salvage or remove any property within the building or structure, and a Demolition Permit to do so will not be issued.

C: Persons or Entities Liable: The Property Owner and Primary Contractor have the

duty of compliance with the requirements of this Ordinance.

D: General Performance Standards: All commercial and industrial demolition activities must comply with the following performance standards:

1) Upon issuance of a Demolition Permit, the party to whom the Permit is issued is required to contact Indiana 811 for utility infrastructure location a minimum of three (3) days prior to the commencement of demolition activities. No demolition activities may commence until after Indiana 811 has completed utility markings.

2) All laws, regulations and ordinances governing the disposal of materials, debris, rubbish and trash on or off site shall be followed;

3) No contractor, employee or equipment involved in the demolition or any affiliated process to the demolition shall commit trespass on any private property other than the subject site without written approval from that private property owner being submitted to the Staff;

4) Any asbestos material encountered shall be disposed of in accordance with the requirements of the Indiana Department of Environmental Management. The Primary Contractor indemnifies the County, and every City or Town located in White County, of all asbestos materials and assumes all liability for such materials and their proper disposal.

5) Demolition Permits are valid for a period of sixty (60) days unless proper written approval of a longer completion period is obtained from the Executive Director of the White County Area Plan Commission. Upon written request from the Property Owner or Primary Contractor, a permit may be renewed for no more than two (2) sixty (60) day periods unless authorized by the White County Board of Commissioners.

6) In the case where the demolition is to occur within an area covered by a municipal water and/or sewer department or equivalent, written plan approval is required from the jurisdictional department for disconnection of water and sewer services. A copy of such written approval must be provided to the Staff prior to executing any disconnect activities.

7) The Primary Contractor must assure the site is secured to protect the general public, including small children, from the exposure to any work hazards and from accessing the site during the Demolition process.

8) The Primary Contractor is responsible for maintaining control over all demolition activities, on and off site, along with preventing exposing the community to hazards created by such activities; including, but not limited to nails and other tire puncturing items being dropped on the streets or abutting property, trash or debris being left out in the open and damaged infrastructure such as curbs, sidewalks, driveways, streets and drainage coverings and pipe.

9) Any portion of the building or structure which extends below ground must be removed a minimum of three (3) feet below grade. These areas must be restored

with solid backfill only with the twelve (12) inches first below grade being filled

with material which is eighty (80) percent soil base with no stones larger than two

(2) inches in diameter.

10) Should any underground tanks be encountered, said tanks shall be removed in accordance with the requirements of the Indiana Department of Environmental Management. The Primary Contractor indemnifies the County, and every City and Town located in White County, and assumes all liability for extraction and disposal

of said tanks.

11) The primary contractor shall be liable for any and all damage to curbs, streets, alleys, driveways and all property damage caused as a result of demolition and removal activities.

12) The primary contractor is responsible to assure that manhole covers, catch basin castings and fire hydrants are protected and left intact.

13) At no time will structures or materials be burned or any other fire be permitted on site unless the primary contractor has received written approval from the White County Environmental Officer to conduct such fires and has submitted such written approval with the Staff.

14) The site shall be left in a finished condition where all rubbish, debris, garbage, building or structure materials have been properly disposed of and the site properly graded and seeded. All surface soil shall be suitable to support vegetation and all disturbed ground seeded at a rate of one hundred fifty (150) pounds per acre using a park grass seed mix.

Section 7: Inspections:

A: Prior to issuing a Demolition Permit, the Administrative Director or designee, shall

inspect the property with the Property Owner or a designated representative, to ensure that the property can be safely prepared for demolition, that proper steps are planned to protect the public, and that adequate access exists around the site to protect the developments of neighboring property owners from collateral damage.

B: After completion of all demolition activities, the Property Owner or a designated

representative, must contact the Staff to arrange for a final inspection. The Administrative Director or designee shall inspect the site to confirm whether or not the site meets all finish requirements of this

Ordinance as well as those called for in the Demolition Application. This inspection process shall be repeated until such time as the site satisfies the finished site conditions intended by this Ordinance.

C: Upon passage of a final inspection, the Staff shall issue a Certificate of Demolition

Completeness to the Property Owner. Until a Certificate of Demolition Completeness is issued, no Improvement Location or Building Permits may be issued for the site.

Section 8: Inspection Failure: Should the site fail any required inspection conducted by the Administrative Director or designee, the Property Owner will be notified in writing of the deficiencies identified from the inspection. The Property Owner shall have thirty (30) days from the date of the notice to correct all deficiencies. In the event that the Property Owner fails to remediate all deficiencies identified in the inspection report, the Property Owner will be assessed fines in accordance with Section 9 herein.

Section 9: Demolition Hours: Demolition activities shall not begin before 7:00 am and shall cease no later than 6:00 pm.

Section 10: Violations: Failure to comply with the regulations, requirements and responsibilities assigned by this Ordinance or any other Local, State or Federal law or regulation pertaining to site maintenance or demolition activities or failure to complete the demolition project within the time frame allowed by the Demolition Permit, inclusive of any properly received extensions, is a violation of this Ordinance and subjects the Property Owner and Primary Contractor, jointly and severally to a daily fine of three hundred dollars ($300) per day per violation. Each violation is considered separate and unique and subject to the daily fine assessment. In addition, the Administrative Director may revoke any Demolition Permit in the event of any such violation, in which case all demolition activity shall cease until such violation is remedied. All other remedies available at law or in equity, including injunctive relief, shall be available to enforce this Ordinance. Further, performing any demolition activity without a required Demolition Permit, or demolishing, destroying or removing only a portion of an exterior wall of a building or structure without a permit, shall subject the Property Owner to a fine of five hundred dollars ($500.00) per day such violation exists. A person or entity that has been adjudged to have committed a violation of this Ordinance is liable to the White County Board of Commissioners for court costs and its attorney fees incurred in connection with enforcing this Ordinance and collecting fines.

Section 11: Appeal: Any fine assessment or enforcement action, including establishment of a violation, may be appealed to the White County Board of Commissioners.

Section 12: Effectiveness: This Ordinance shall be effective immediately upon its passage and shall repeal or amend all other Ordinances, or portions thereof, inconsistent herewith.

AREA PLAN

Director Rogers presented the following rezoning petitions and amendments to the zoning ordinance:

Rezoning Petition #1087 & 1088

Director Rogers said that this request is for the 4.39-acre PUD development that was approved in 2006. The property is located south of Monticello, on the White County and Carroll County line, off of South Oakdale Road. More commonly known as the Winward PUD. The property never went through final approval; therefore, it was never developed. On November 19, 2018, the Commissioners agreed that the Winward PUD was abandoned.

A public hearing was held with the APC in regards to the two rezoning petitions, 1087 & 1088, on January 14, 2019. The White County Commissioners, represented by Director Rogers, requested that the property is rezoned from a PUD to an A-1, General Agricultural district. The APC voted 11 yes and 0 no to recommend this request to the Commissioners.

Director Rogers said that certified letters were mailed to the property owners and at no time did they respond by contacting the office or attending the public hearing.

Commissioner Heimlich asked if there was anyone present to speak about these rezoning requests. No response.

· Commissioner Diener made a motion to approve Rezoning Petitions #1087 & 1088, rezoning from a PUD to an A-1, seconded by Commissioner Heimlich. Vote: Unanimous

Rezoning Petition #1089

Timothy Terlap is requesting to rezone property that is located at 3519 S. Freeman Road, Monticello, from an R-2 (Single and Two-Family residential) to an RR (Rural Residential).

A public hearing was held on January 14, 2019. At that time, the APC voted 11 yes and 0 no to recommend this rezoning to the Commissioners.

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

· Commissioner Diener made a motion to approve Rezoning Petition #1089, rezoning from an R-2 to an RR, seconded by Commissioner Heimlich. Vote: Unanimous

Amendment to Zoning Ordinance #A52 – Solar Energy Systems: CH 7 & CH 14

Director Rogers presented an amendment to Chapter 7, Wind Energy Conversion Systems Sitting Regulations and Chapter 14, Definitions.

The purpose of the amendments is to create standards, definitions, and allowances for the construction and development of solar energy opportunities for both commercial and private purposes. The amendments address industry relevant terms and definitions, utilization of innovative solar technologies, assignment of appropriate locations and conditions for allowing solar energy development. He said we currently don’t have a method in our ordinance to handle solar energy applications.

The APC held a public hearing on January 14, 2019, in regards to these amendments. At that time the APC voted 11 yes and 0 no to recommend the amendments to the Commissioners.

Commissioner Heimlich asked if there was anyone wishing to speak about the proposed amendments. No response.

· Commissioner Diener made a motion to adopt Ordinance No. 19-1-22-02, approving amendments to Chapter 7 and Chapter 14 in the zoning ordinance, seconded by Commissioner Heimlich. Vote: Unanimous

ORDINANCE NO. 19-1-22-02

AMENDMENT TO THE ZONING ORDINANCE

OF WHITE COUNTY STATE OF INDIANA

WHEREAS, the White County Area Plan Commission has initiated and prepared this ordinance to amend the White County Zoning Ordinance pursuant to IC 36-7-4-602 (c) and IC 36-7-4-607;

WHEREAS, the White County Area Plan Commission has reported that it held a public hearing concerning this ordinance on January 14, 2019, after timely notification of the hearing was given by two White County two White County publications at least 10 days prior to the hearing as required by IC 36-7-4-604;

WHEREAS, the White County Area Plan Commission has reported that it paid reasonable regard to the factors enumerated in IC 36-7-4-603 in consideration of the ordinance and determination or recommendation to be made to the legislative body of White County;

WHEREAS, the White County Area Plan Commission has certified this ordinance to the legislative body with a recommendation by a majority vote in favor of adoption pursuant to IC 36-7-4-603 before acting on this ordinance amendment;

WHEREAS, the legislative body recognizes that the ordinance is required for the purposes summarized below;

WHEREAS, the legislative body has determined that this ordinance should be adopted without amendment as certified by the White County Area Plan Commission pursuant to IC 36-7-4-607; therefore,

BE IT ORDAINED AND ADOPTED BY THE LEGISLATIVE BODY OF WHITE COUNTY, INDIANA:

AMENDING CHAPTERS:

CHAPTER 7 – Conversion from: Wind Energy Conversion Systems Siting Regulations to Renewable Energy Systems Wind and Solar Siting Regulations & Added sections pertaining to solar energy developments.

CHAPTER 14 Definitions – Added definitions pertaining to solar energy regulations.

PURPOSE: The purpose and intent of this amendment is to create standards, definitions and allowances for the construction and development of solar energy opportunities for both commercial and private purposes. This amendment addresses industry relevant terms and definitions, utilization of innovative solar technologies, assignment of appropriate locations and conditions for allowing solar energy development. This amendment fills voids and gaps in our current ordinance as it pertains to solar energy opportunities.

Amendment to Zoning Ordinance #56: Chapter 3, Specific Use Requirements & Performance Standards: 3.0.2 Number of principal buildings per lot & 3.0.7 Vision clearance area.

Director Rogers said that the purpose of this amendment is intended to provide clarification and address inadequacies in the vision clearance area requirements of Chapter 3, as well as update application of the principal structure limitation created in Subsection 3.0.2.

The APC held a public hearing on January 14, 2019, in regards to these amendments. At that time the APC voted 11 yes and 0 no to recommend the amendments to the Commissioners.

Commissioner Heimlich asked if there was anyone wishing to speak about the proposed amendments. No response.

· Commissioner Diener made a motion to adopt Ordinance No. 19-1-22-03, approving amendment to Chapter 3 in the zoning ordinance, seconded by Commissioner Heimlich. Vote: Unanimous

ORDINANCE NO. 19-1-22-03

AMENDMENT TO THE ZONING ORDINANCE

OF WHITE COUNTY STATE OF INDIANA

WHEREAS, the White County Area Plan Commission has initiated and prepared this ordinance to amend the White County Zoning Ordinance pursuant to IC 36-7-4-602 (c) and IC 36-7-4-607;

WHEREAS, the White County Area Plan Commission has reported that it held a public hearing concerning this ordinance on January 14, 2019, after timely notification of the hearing was given by two White County two White County publications at least 10 days prior to the hearing as required by IC 36-7-4-604;

WHEREAS, the White County Area Plan Commission has reported that it paid reasonable regard to the factors enumerated in IC 36-7-4-603 in consideration of the ordinance and determination or recommendation to be made to the legislative body of White County;

WHEREAS, the White County Area Plan Commission has certified this ordinance to the legislative body with a recommendation by a majority vote in favor of adoption pursuant to IC 36-7-4-603 before acting on this ordinance amendment;

WHEREAS, the legislative body recognizes that the ordinance is required for the purposes summarized below;

WHEREAS, the legislative body has determined that this ordinance should be adopted without amendment as certified by the White County Area Plan Commission pursuant to IC 36-7-4-607; therefore,

BE IT ORDAINED AND ADOPTED BY THE LEGISLATIVE BODY OF WHITE COUNTY, INDIANA:

AMENDING CHAPTERS:

CHAPTER 3 – Specific Use Requirements & Performance Standards: 3.0.2 Number of principal buildings per lot & 3.0.7 Vision clearance area.

The purpose of this amendment is intended to provide clarification and address inadequacies in the vision clearance area requirements of Chapter 3, as well as update application of the principal structure limitation created in Subsection 3.0.2.

TREASURER – PRINT & MAIL TAX STATEMENTS

White County Treasurer Jill Guingrich presented a Tax Bill contract from Worrell Corp for 2019. The cost to print and mail all White County tax bills will be $15,346.

· Commissioner Diener made a motion to approve the contract from Worrell Corp, as presented, seconded by Commissioner Heimlich. 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 Art Anderson Jim Annis

Jim Davis Casey Crabb Denny Carter

Janet Faker

The following departments presented their annual report for 2018. A copy of the report is on file in the Commissioners’ Office for review.

-Area Plan

-Economic Development

-Recycle

-Council on Aging

-Emergency Management

IVY TECH

Site Director Patty Plantenga reported that the enrollment for their Spring semester is up 15%. She gave a presentation to 250 students from North Newton High School explaining to students how they can come to the Monticello location rather than Valparaiso.

AIRPORT

Board member Chad Baumgartner said that they are waiting on the FAA to approve the Long-Term Airport Plan so they can move forward with the design of Luse Road. The Arborist have finished their evaluation on the environmental impact for the tree obstruction clearance. A public meeting with the adjoining property owners will be held tonight to discuss the evaluation.

Mr. Baumgartner said that Harry Voorhis has agreed to stay on the board until a new board member is appointed.

SHERIFF

White County Sheriff Bill Brooks discussed changes at the Sheriff’s Department since he’s taken office. He is purchasing four SUV’s instead of cars/pick-up trucks for the department, wants to hire a new deputy to fill AJ Alletto’s vacant position at $45,491 and hired a new maintenance person who is doing a lot of the work instead of calling for outside help.

Sheriff Brooks said that the current software, Securus, for the computer-aided dispatch system (CAD) is no longer providing any records management and jail management records. He presented a contract from Cushing Systems, Inc., that could provide the software for the CAD. Cass County is currently using this system, and they are happy with it. The cost of the software contract is $74,000.

Auditor Gayle Rogers didn’t think that the money was appropriated. Councilman Anderson felt that this was a great price.

Commissioner Heimlich said that he would like Attorney Loy and Commissioner Burton to review the contract before it is approved. They will schedule it for the next meeting.

Sheriff Brooks asked the Council and Commissioners to come out and take a tour of the building with him to discuss the design of the building and how it could be utilized better.

PRESCRIPTION DRUG PLAN CHANGE

HR Director Leah Hull presented and discussed the new Pharmacy Pricing Guarantees fees for the next three years.

· Commissioner Diener made a motion to accept the new offer as proposed for the Pharmacy Pricing Guarantee, seconded by Commission Burton. Vote: Unanimous

APPOINTMENT – TOURISM BOARD

· Commissioner Diener made a motion to appoint Dave Jordan and John Heimlich to the Tourism Board for a two-year term effective January 1, 2019, and expiring December 31, 2020, seconded by Commissioner Heimlich. Vote: Unanimous