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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, April 1, 2019, in the White County Building, 2nd -floor Commissioners’ Conference Room, beginning at 8:15 a.m.

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

MINUTES

· Commissioner Diener made a motion to accept the minutes from the regular meeting held on March 18, 2019, and the minutes from the Executive Session held on March 18, 2019, seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

· Commissioner Diener made a motion to approve the payroll for March 25, 2019, seconded by Commissioner Burton. Vote: Unanimous

CLAIMS

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

TITLE VI IMPLEMENTATION PLAN

HR Director Leah Hull presented the 2019 Title VI Implementation Plan for White County. The plan will allow us to meet and exceed the minimum compliance requirements established under Title VI of the Civil Rights Act of 1964 (Title VI), 49 CFR § 26, and the related anti-discrimination statutes and regulations. The plan will be posted on the county’s website.

· Commissioner Diener made a motion to approve the 2019 Title VI Implementation Plan and adopt Ordinance No. 19-04-01-01, seconded by Commissioner Burton. Vote: Unanimous

 

ORDINANCE NO. 19-04-01-01

WHITE COUNTY COMMISSIONERS’ ORDINANCE

APPROVING AND ADOPTING WHITE COUNTY

TITLE VI IMPLEMENTATION PLAN

WHEREAS, the White County Commissioners have requested the preparation of a Title VI Implementation Plan pursuant to the Civil Rights Act of 1964 (Title VI) 49 CFR 26, to prevent discrimination of individuals based on race, color, sex, disability, national origin, or income status relating to employment and access to public facilities.

WHEREAS, in compliance with the Title VI of the Civil Rights Act of 1964 the County of White shall adopt and implement, a Title VI Implementation Plan to provide equal opportunity and equitable service for the citizens of White County.

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

1. That the “White County Title VI Implementation Plan” is hereby approved and adopted in its entirety and is incorporated by reference herein as if fully recited as a part of this Ordinance.

2. That the effective date of this Ordinance and policies approved and adopted herein is April 1, 2019.

HIGHWAY DEPT. – NIPSCO ROAD - CR 25 E

Highway Superintendent Mike Kyburz presented Addendum No. 4 for CR 25 E., more commonly known as the NIPSCO Road. The project is not completed, and more construction engineering work is needed to complete the project. The addendum is for an additional $5,000 making the contract with Donald W. Ward $110,000.

Superintendent Kyburz has enough money in the account to cover the increase.

· Commissioner Burton made a motion to accept Addendum No. 4 from Donald W. Ward, for the NIPSCO Road project, seconded by Commissioner Diener. Vote: Unanimous

HIGHWAY DEPT. – COMMUNITY CROSSINGS MATCHING GRANT

Highway Superintendent Mike Kyburz presented the Local Roads and Bridges Matching Grant Agreement from INDOT. The contract states that INDOT will award 75% for resurfacing over asphalt pavement and the county will pay the balance 25%. The following projects are approved for the funds:

West Shafer Drive, E Indiana Beach Drive, CR 400 E $263,916

NW Shafer Drive, CR400 E, Lowes Bridge $341,805

Chalmers Road, CR300 E, S. Freeman Road $368,882

S300E, SR18, CR1200S $ 25,397

· Commissioner Burton made a motion to enter into an agreement with INDOT for the Local Roads and Bridges Matching Grant Agreement, seconded by Commissioner Diener. Vote: Unanimous

AMERESCO – CHANGE ORDER

Ameresco submitted Change Order #2 for $19,890.05. This is an extra cost to the contract because the boiler broke down during the winter months and they had to bring in a new one.

· Commissioner Diener made a motion to approve Change Order #2 from Ameresco for $19,890.05, seconded by Commissioner Burton. Vote: Unanimous

AREA PLAN

Director Joe Rogers said that he had received a request for a modification to a Planned Unit Development (P.U.D). The ordinance does not provide an amendment process for P.U.D.’s, nor does state statute delineate the amendment process. The Commissioners can delegate to a Plat Committee the authority to approve an amended plat.

Director Rogers requested that the Area Plan Commission be allowed to hear the amendment and to make a decision.

· Commissioner Diener made a motion to allow the Area Plan Commission to hear the modification request and make a decision on the amendment to a P.U.D. if needed, seconded by Commissioner Burton. Vote: Unanimous

AREA PLAN – SOFTWARE PERMIT PROPOSAL

Director Joe Rogers presented a proposal from SBS for $3,000 - $5,000 for scanning construction drawings. He no longer has room available in his office to store the drawings so, he would like to store them electronically. He does have the money available in his budget.

· Commissioner Burton made a motion to allow Director Rogers to sign off on the Purchase Order to SBS to scan and convert construction drawings to electronic files, seconded by Commissioner Diener. Vote: Unanimous

AREA PLAN – FEE SCHEDULE

Director Joe Rogers asked the Commissioners if they had any questions or opinions on the proposed Fee Schedule increase that was presented at the last meeting.

The Commissioners’ asked how he came up with the fees for Solar Energy. After a short explanation, the Commissioners’ authorized Director Rogers to put the amended Fee Schedule in ordinance form for approval.

AREA PLAN – J&A BOWMAN FARMS

Director Joe Rogers presented Rezone Petition #1100 for J & A Bowman Farms LLC. This was first presented at the last Commissioners’ meeting held on March 18, 2019. The applicant requested that it be rescheduled because his engineer couldn’t be present.

Jonathan Bowman, J & A Bowman Farms, is requesting to rezone 10.002 acres from an A-1 (General Agricultural District) to an A-2 (Agricultural Industry District). The property is located at 4476 & 4478 N. 100 W., Monon, Honey Creek Township.

The Area Plan Commission held a public hearing on March 11, 2019. At that time, the APC voted 9 yes and 0 no to recommend the rezoning to the Commissioners. At the hearing, there were individuals against this request. They expressed concerns on the impact on neighboring property wells, requested a buffer on site to protect residential properties and the quality of the transportation route, in particular, the turn at 500 N and 100 W.

The property is accessed off of CR 100, which is west of Hwy 421. There is an easement that goes back to the site. The APC questioned if the easement could handle the truck traffic.

The petition comes with a condition and commitment letter.

Within 90 days from the date of Ordinance approval by the commissioners, the applicant must provide a properly recorded document to the staff providing the agreed-upon easement from CR 100 W to the development site. This access easement must be recorded and a copy provided to the Area Plan office before a building permit may be issued by the staff for any construction related to the associated confined feeding site. Failure to execute and provide to the staff such agreement within the 90-day time period provided, null and voids the rezone approval.

Director Rogers said that the biggest concern from the public was the condition of CR 100, and the turn at CR 500 N.

Commissioner Heimlich asked if anyone wished to speak.

Mike Veenhuizen, Livestock Engineering Solutions, said that Mr. Bowman would like to build a two-building confined feeding operation. Each building will hold 4,000 to 4,600 pigs. He explained the number of semi-trucks that will be traveling to and from the property. The manure from the pigs will be spread out over 599 acres of farm ground for fertilization. He also pointed out that the CAFO’s will meet and exceed the 1,320-foot residential setback requirements, and all of the rural residential properties are outside the 90% odor free circle, except for one, and he’s at the 94%. They are currently waiting for the approval for the CAFO permit from IDEM.

Highway Superintendent Mike Kyburz said that he was contacted by Mr. Veenhuizen on an all-season route for the project. He said that 100 W. is adequate and he does not have any problems with the route that they proposed.

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

· Commissioner Burton made a motion approve Rezoning Petition #1100 (Ordinance No. 605-19) rezoning property from an A-1 to an A-2, seconded by Commissioner Diener. Vote: Unanimous

AREA PLAN – LIBERTY LANDFILL

Director Joe Rogers presented Rezone Petition #1097, #1098, #1104, #1105.

Liberty Landfill, Waste Management, and MJM Lawson Farms are requesting to rezone four parcels from an A-1 (General Agriculture District) to an I-2 (Heavy Industrial District) to expand Liberty Landfill.

1. Rezone Petition #1097, parcel # 91-82-12-000-003.701-010, is located in Liberty Township, off of 1000 N., Monticello, consisting of 108.4 acres.

2. Rezone Petition #1098, parcel # 91-82-07-000-000.303-003, is located in Cass Township, off of State Road 16 E., Monticello, consisting of 64.785 acres.

3. Rezone Petition #1104, parcel # 91-83-12-000-003.700-010, is located in Liberty Township, at 8632 E. 1000 N., Monticello, consisting of 13.77 aces.

4. Rezone Petition #1105, #91-83-12-000-003.400-010, is located in Liberty Township, at 900 East & 1000 North, Monticello, consisting of 38.65 acres.

Director Rogers said that the hearing today is only to approve/not approve the request to rezone the property. This does not approve the authority to expand Liberty Landfill. That request can only be done by the approval of the Board of Zoning Appeals.

The Area Plan Commission held a public hearing on March 25, 2019, for the landfill rezone request. At that time, the APC voted 7 yes and 1 no to recommend approving Rezone Petition’s #1097, #1098, #1104, and #1105.

Director Rogers presented a summary of the board member’s ballots and comments from the public from the APC’s public hearing that took place on March 25, 2019. He said there was a very large crowd that attended the meeting to express their concerns to the landfill expanding. One APC board member expressed to him, after the hearing, that the concerns of the citizens should’ve been addressed and the hearing should’ve been continued. This board member was the only one that voted no. Another APC board member made a motion to include as a condition of the rezoning approval that all trucks be required to utilize solid rolltop tarps. That motion failed by a vote 6 no and 2 yes. No conditions or commitments were made with approval.

Randy Head, Attorney from Logansport representing Waste Management, stated that if the rezoning petitions are approved today, they will go before the BZA, the Army Corps of Engineers, and IDEM before the project can proceed. He provided photos of each parcel discussing how they would like to expand the landfill. The existing landfill can continue its operations for nine more years and then it will be full. If the expansion is granted, they will be able to add 18 more years to the nine so the landfill could be operational for another 27 more years. They do not plan on going out to the boundaries of each of the parcels; they will have a buffer zone between where the actual landfill is and the boundary of the property. The volume of trucks will remain the same, and they will use the existing entrance. No new entrances will be developed. He expressed that they want to continue doing business in White County. Current volume tipping fees are $5 million per year to White County Government and $1 million per year to Liberty and Cass Township. If the expansion is granted, that money will continue.

Attorney Head said that they are working with the Army Corps of Engineers to reroute the Opal Carmichael Ditch away from the landfill to protect the waterways. This will allow the landfill to expand without getting it too close to the ditch.

Lisa Disbrow, Government and Public Affairs for Waste Management, addressed the complaints that were mentioned at the APC hearing on March 25.

1. Trucks are littering when entering and exiting the facility and not stopping at the stop sign: Ms. Disbrow said that a letter has been handed to all commercial vehicle drivers and mailed out to their customers. The letter stated that they must obey all traffic laws, all commercial trucks must be in good condition, tarps must be in good condition and installed properly. The landfill will now inspect all trucks, at a designated area within the facility, for loose materials before they exit the landfill. They will also install speed bumps so all trucks must come to a stop before they exit SR16.

2. Complaints of litter on the roadways: Ms. Disbrow agreed that they could do a better job to address this problem. They currently have people picking up litter on the roadways and they will continue to patrol and perform regular inspections. They’re looking at their fencing to see how they can make improvements. She provided pictures of the 16’ portable fences that they use daily. They plan on extending the fencing on the east and north side of the site to help keep the litter contained.

3. Complaints on the Opal Carmichael Ditch: Ms. Disbrow said that their past practice has been to monitor the ditch for litter and collect as needed. They will continue this, but they want to be more proactive and install a 6’ fence along the ditch on their property line. There is a 75’ buffer that they do have to keep, so the fence will be 75’ away. This fence will be used to prevent any litter reaching the ditch.

4. Concerns on the closure and post-closure of the facility: Ms. Disbrow said that once they receive certification from the state, they will begin the closure/post-closure of Liberty Landfill. IDEM requires them to provide financial assurance for the funding of the closure/post-closure of the landfill. Currently, Liberty Landfill has $30 million in its closure/post-closure care fund.

Commissioner Burton asked what the life span was for the landfill the last time they requested an expansion. Ms. Disbrow did not have an answer. She said that they do base the life capacity based on how much volume their taking in daily.

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

Frank Boardman, 900 East, said that in December 2005 Terry Beasy stated that the expansion, at that time, would last until 2035. He asked how they conclude that the expansion will last 27 years.

Shannon Mattix, 8420 N. 800 E, Monticello, asked the Commissioners to deny the landfill rezoning request based on the evidence of the poor performance to the community. He’s aware that the 20-year agreement just expired with Liberty Landfill, and a new 10-year contract was just approved.

Mr. Mattix felt confident that the Commissioners would approve the rezoning request and asked that before they do to consider the following:

1. Make solid, roll tarps mandatory on all trucks entering and exiting Liberty Landfill.

2. Waste Management picks up all residential trash at homes from county line 421 to Liberty Landfill for those living directly on the highway of Hwy 421 and SR 16, at no cost to the residents. Also, pick up litter around the community neighborhoods.

3. All residents of Hwy 421, SR 16, and surrounding the landfill be allowed to dump at Liberty Landfill four times a year at no charge.

4. Commissioners adopt and enforce a litter ordinance for any truck coming in and out of the landfill. 1st offense, $1,000 fine, 2nd offense $1,500 fine, 3rd offense $2,000 fine. All money from the fines is turned over to the White County Sheriff’s Dept. K-9 program and the Opioids Addition Management at the discretion of the White County Sheriff or Counseling Services.

5. Liberty Landfill host a recycling trailer on their grounds for the community.

6. All trucks should be washed before exiting the landfill. Sweeping the roads does nothing but build up the berm and hold water.

7. Waste Management allow ONLY North White School, organizations and clubs to pick up trash once a month on Hwy 421 and SR 16 for a donation of $1,000 each time. This will be considered a fundraiser, not employment.

Mr. Mattix said that North White hadn’t received any funding from the landfill. The other schools have received money from the windmills, so he requested that this expansion include funding to North White School.

Mr. Mattix ended his discussion by presenting pictures of the Opal Carmichael ditch showing evidence that trash is all over the place. Even though the photos were taken 24 to 36 months ago, he argued that there’s still trash in it today.

In response to Mr. Mattix’s photo showing the landfill leaving tires uncovered on a Sunday, Ms. Disbrow stated that the landfill does have a permit from IDEM authorizing them to use tires as part of the daily cover besides dirt. She said that they are willing to work with schools to pick up the litter, but ultimately it is their responsibility. They need to patrol the truck routes and make sure that everything is picked up.

Commissioner Heimlich said that they would take Mr. Mattix’s points under consideration.

Tom Pasquale, resident near Lowes Bridge, asked what the gross revenue will generate to Waste Management if the expansion is granted. Nobody knew the answer. He expressed to the Commissioners that if the county is going to allow them to make “truckloads” of money, then the county needs to get something in return. He said the county’s tipping rate might be in line with other surrounding landfill’s and communities, but they don’t have Waste Management requesting a huge expansion. He pointed out that the new 10 -year contract that was just written and approved can be amended. He read the contract and feels that the tipping fees that the county is currently receiving are ridiculously low. In 1998, the county received $2.50 per ton for in-state and $2.75 per ton for out-of-state. The 1998 value of $2.50 today is $4.50. The new contract tipping fees are only $3.475 per ton for in-state and $3.725 per ton for out-of-state. So, the rate to the county has decreased in the last 20 years. He recommended that the Commissioners reject the proposal and make a lot of people happy, or pass the proposal with conditions. The tipping fee should go up to $6 per ton for out-of-state and $5 per ton for in-state. He said that we should not just give them the approval, the county should get something in return.

Vickie Menzer, 9746/9752 N. 800 E., Monticello, requested the Commissioners to require Waste Management to provide a current Environmental Impact Study on the properties surrounding Liberty Landfill. She would like to be assured that the property that they are living on is safe before their approval is made. She asked the Commissioners to postpone their vote today until the study is completed and released to all the nearby residents.

Terry Blackman, resident of Cass Township, remarked that he doesn’t know where the money is going for Liberty and Cass Township because they have the poorest roads in the county. He wants to see the two townships getting better-taken care of, especially the roads.

Dan King, 10214 N. Rockridge Road, Monticello, expressed his concerns on the water that flows from creek to the river. He lives on the river and wants to see it kept clean. The river is a big part of his life, with his family, and he wants it to be taken care of. He admitted that Liberty Landfill does send people out to pick up the paper, but they leave it in trash bags along the side of the road and never have it taken to the landfill.

White County Attorney George Loy asked representatives of Waste Management if they have anything like an Environmental Impact Study as part of the IDEM permit application. Ms. Disbrow said that she believes there is one available on IDEM’s website.

Janet Stiglitz said that the Environmental Study that they are requesting will tell people what is going on under the soil and if the liners are leaking. This is the only thing that will tell the residents that it’s safe to live in Buffalo. She asked if there was another way that Indiana can get money, besides bringing in trash from another state. She recommended that we limit the amount of trash that they bring in.

Lisa Disbrow, WM, said that an Environmental Impact statement is a requirement with IDEM as part of the expansion process. A copy of it can be viewed on IDEM’s Virtual File Cabinet web page. They are also required to do groundwater sampling and analysis for the state regulations. That’s also required by IDEM, and it is done by a 3rd party company.

Commissioner Heimlich asked Ms. Disbrow to provide them with a copy of the Environmental Impact Study, the groundwater sampling and analysis so they can distribute to the public.

Josh Bowsher, 7493 E. 1000 N., Monticello, asked the Commissioners to do their due diligence and not slide the approval through. He understands that there is a trade-off with the money, but he asked that they keep the community safe. The decision that they make today will affect future generations. Take the time to make sure their actions of picking up the litter, keeping the ditch cleaned and being a good neighbor is followed through.

Commissioner Heimlich said that he understands that nobody wants a landfill in their community, but you have to have them somewhere. They will address the issues regarding the environment to make sure that Waste Management will do a better job. Waste Management is willing to make improvements. All of the concerns mentioned today can be put into writing as conditions attached to the rezoning. They have up to 90 days to approve or deny the rezoning, so this time will be spent putting the conditions together so they can be monitored and enforced in the future.

· Commissioner Diener made a motion to table the request of Rezoning Petitions #1097, #1098, #1104, #1105, seconded by Commissioner Burton. Vote: Unanimous

TAX SALE CERTIFICATE

Auditor Gayle Rogers said that several years ago the county assigned a Tax Certificate over to the City of Monticello. The paperwork fell through the cracks, so the property was never turned over. She resubmitted the paperwork and requested the Commissioners’ approval.

Property Legal Description:

East St., Monticello

91-63-04-000-005.801-021

9111337

15' EVEN WIDTH OFF N/S TRACT C IN TW O'CONNOR'S ADD

· Commissioner Burton made a motion to approve the Assignment of Tax Sale Certificate #9111337 to the City of Monticello, 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