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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, May 20, 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 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.


· Commissioner Diener made a motion to approve the minutes from the regular meeting held on May 6, 2019, seconded by Commissioner Burton. Vote: Unanimous


· Commissioner Diener made a motion to approve payroll for May 20, 2019, seconded by Commissioner Burton. Vote: Unanimous


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


Highway Superintendent Mike Kyburz presented Change Order No. 2 from American Structurepoint for a pipe extension on the Gordon Road project for $1,687.

· Commissioner Diener made a motion to approve Change Order No. 2 for $1,687 as presented, seconded by Commissioner Burton. Vote: Unanimous

Superintendent Kyburz submitted a second change order for $5,541 to replace 25 mailboxes on the Gordon Road project. He discussed that he could purchase the mailboxes and install them rather than approving the change order. The commissioners decided to put this change order on hold for now.


Director Joe Rogers presented a resolution to rezone three parcels located in the Mid-American Commerce Park to an I-3, Industrial Park District. Two of the parcels are owned by the County and one parcel is owned by the White County Redevelopment Commission. Once the resolution is approved, he will initiate the application and present it to the Area Plan Commission.

Commissioner Heimlich said that these parcels are all related to the Spy Glass project. He asked if anyone was present to speak about the rezoning request. No response.

· Commissioner Diener made a motion to approve Resolution No. 19-05-20-01, authorizing rezoning of three parcels located in the MACP to an I-3, seconded by Commissioner Burton. Vote: Unanimous


RESOLUTION NO. 19-05-20-01




WHEREAS, certain real estate in White County, identified as:

Parcel #1: Parcel Identification #: 91-76-27-000-001.300-017; currently zoned I-2;

Parcel #2: Parcel Identification #: 91-76-27-000-000.500-017; currently zoned A-1; and,

Parcel #3: Parcel Identification #: 91-76-27-000-001.405-017; currently zoned I-2 are in need of rezoning

in order to achieve objectives within the 2017 White County Indiana Comprehensive Plan, and;

WHEREAS, said Parcels are zoned I-2 (Heavy Industrial District) and A-1 (General Agriculture) under the White County Indiana Zoning Control Ordinance, which zoning is inappropriate for its planned future use, and;

WHEREAS, the White County Commissioners desire said properties to be rezoned to I-3, (Industrial Park District), in order that the planned use of said properties be in conformance with the 2017 White County Indiana Comprehensive Plan and White County Indiana Zoning Control Ordinance;

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Commissioners of White County, Indiana, that the White County Area Plan Staff, through its Executive Director, present to the White County Area Plan Commission a petition to consider and make recommendation to the rezoning of the properties herein identified as Parcel #1, Parcel #2 and Parcel #3 and as further depicted in Exhibit A (attached); from I-2 (Heavy Industrial District) and A-1 (General Agriculture District) to I-3 (Industrial Park District).


Area Plan Director Joe Rogers presented Rezoning 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.

Director Rogers requested the Commissioners to deny the rezoning request even though the Area Plan Commission voted in favor of it by a vote of 8 yes and 0 no on May 14, 2018. He said the current rezoning and location of the property falls in line with the 2017 White County Comprehensive Plan. He feels that more A-2 parcels are needed throughout the county.

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

Attorney Don Shelmon, representing Camp Tecumseh, appeared before the Commissioners requesting them to rezone the property from an A-2 back to an A-1. He stated that Mr. Erickson has conceded that they are not going to build a CAFO and they are going to continue using the land for farming only.

Commissioner Heimlich asked if anyone else was present to speak about the request.

Attorney Daniel Pulliam, representing Camp Tecumseh, said that the reason for the rezoning request is because there are burdens on both parties as part of the rezoning. Camp Tecumseh would like to see the area around its camp zoned for farming the way it has always been. He said Smith Erickson also has requirements, as part of the rezoning, to treat the farmland in that area in a certain manner. As part of the original rezoning, there were requirements put in there that Smith Erickson doesn’t want to have to be obliged with anymore. Camp Tecumseh doesn’t want to see the area around its property zoned for things that it believes could be detrimental to the camp. As private property owners, Smith Erickson should be able to do what they want with their property.

Commissioner Heimlich said that he can’t believe that Smith Erickson agreed to this so they are no longer required to knife in manure.

Attorney Pulliam said that’s one of the reasons to rezone the land back to A-1 because A-1 doesn’t require any particular treatment of manure.

Commissioner Heimlich asked if there were any more questions. No response.

Chad Baumgartner, White County resident, asked if the rezoning is approved to an A-1, will that give the bulk of the power for any change in the use, back to the County Commissioners.

Commissioner Heimlich said their private agreement, there is a private party, and that’s the covenant that goes with the deed. The County is aware that it says no CAFO on this parcel.

· Commissioner Diener made a motion to deny Rezoning Petition #1079, seconded by Commissioner Burton. Vote: Unanimous


Dan Zuerner, Garmong Construction Services, presented an addendum to the original contract for the new Highway Garage. The original contract was signed in December 2013.

Commissioner Burton said that the project has lasted a lot longer than they anticipated and this addendum is to make an adjustment for time invested and the time that will be invested.

Mr. Zuerner said that a lot of changes have taken place since 2013 from the scope of the project, the time of the project and the cost of the project.

Commissioner Heimlich said that this will add hourly rates to manage the work as necessary to complete the project.

· Commissioner Burton made a motion to approve Addendum No. 2 to the original Garmong Construction contract, seconded by Commissioner Diener. Vote: Unanimous

At this time, Council Vice President Denny Carter called the Council members to order in joint session with the Commissioners. Council members present:

Denny Carter Art Anderson Jim Annis

Jim Davis Casey Crabb

Janet Faker

President Raymond “Butch” Kramer was absent.


Highway Superintendent Mike Kyburz said that he’s working on a lot of paperwork for the newest federal aid project for Lowes Bridge and the Community Crossing grant.


Economic Development President Randy Mitchell presented the Business Summary for April.

New businesses in White County are Just Cleaning from Wolcott, H & K Automotive from Monticello and J. Davis Reality from Monon. A possible prospect is looking at the vacated bank building in Reynolds.


Chad Baumgartner said that the FAA has commented that they’re not seeing any issues with the reports for Luse Road, including the locations. The board is applying for grants, even grants that will cover 100% of the Airport’s projects, but he is not for sure if they will receive the grant and when it will come in.

Mr. Baumgartner recommended that they continue with the design of Luse Road to give them a better chance of receiving supplemental funding and to keep them on schedule with the construction.

Councilman Anderson said that he felt that they were going to get the money, which may take some time, but the Airport needs the engineering done on Luse Road so they can grab that money as soon as it’s granted. The Council has already approved the funding for the engineering.

The Commissioners and Council agreed that the engineering needs to be done on Luse Road right away.


Director Terri Brooks said that she went out to the new tower location and met with Verizon and NIPSCO to discuss where the meter is going to be located. NIPSCO wants it closer to the main road, and we want it within the contained area of the fence.


Area Plan Director Joe Rogers said that the Area Plan Commission is going to put together a Comprehensive Plan Steering Committee to address items and update the Comprehensive Plan. He also said that they are going to do a Housing Study. He intends to discover why there are so many current subdivisions in the county in which lots are not being split out and offered for sale.


Environmental Officer Jim Reynolds submitted the Environmental Report for April.

· Received 87 calls/complaints on various issues.

· Issued four septic permits.

· Made 10 landfill inspections.

· Attended active shooter training.

· Attended court for an ordinance violation.


John Koppelmann, representing SFLECC, appeared to update the Commissioners and Council with the ongoing battle with the lake levels. To date, the SFLECC has spent $450,000 in legal fees, which was generated from public entity donations, private individual donations, and the SFLECC’s reserve funds. Their reserve funds are getting low and they are still looking at another $111,000 in legal fees to continue fighting. He asked if White County would put in $25,000 to help them with this battle.

Councilman Anderson said that something needs to be done and he is in favor of helping out SFLECC with the money.

Mr. Koppelmann said that if they continue using their reserve funds for legal fees, they won’t have enough money to dredge the lakes or continue fighting legal issues. To replenish those funds, there’s a slim chance that they could get reimbursed some of the legal fees if they win. If that doesn’t happen, they might consider increasing shore front licenses.

Auditor Rogers said that we could come up with the funds, but she needed to do some research to see where to take it from.

The consensus from the Commissioners and Council was to support SFLECC’s efforts and contribute the money as requested.


White County Sheriff Bill Brooks said that all of the White County School’s Resource Officers are part-time and right now Tri-County is wanting a full-time Resource Officer. There are a lot of costs involved and Tri-County is willing to pay 75% of the salary, and Jasper County is willing to pay 25%. Jasper County is wanting White County to pay 65% of the 25% for the salary since they are picking up the costs for equipment, training and a vehicle.

At this time, Sheriff Brooks said that since Jasper County is willing to “take it” he doesn’t need to support it. He said it’s up to the Commissioners and Council on what they want to do with the funding.

Auditor Rogers pointed out that the County does not offer any funding to the other schools for their County Resource Officers.

The Commissioners said that they will take this under advisement.


Sheriff Brooks said that in several states and counties they are collecting a sex and violent offender registration fee. He explained it’s very time-consuming when sex and violent offenders change residency, change jobs or change cars because they are required to come into the Sheriff’s Department and register. To help cover administrative costs, he would like to charge $50 for all first-time fee registrations and $5.00 for every change after that.

Commissioner Heimlich told Sheriff Brooks that the Council would have to approve this fee and to check with County Attorney Loy first.


Sheriff Brooks explained how he’s running out of room at the Sheriff’s Department. For some of the programs that are mandated like mental health, narcotics, alcohol he has no room for them. Laws have even changed to where he now has to provide attorneys with rooms. He’s currently using the recreation area for the large groups and another office for the attorneys. He said that he has 54 beds for the work-release inmates, but only 20 of them are being used. This is a lot of space that isn’t being utilized and suggested cutting back on the work-release beds.

Sheriff Brooks presented a proposal from an architect that’s currently doing work in Tippecanoe County. Since Ameresco is coming out to upgrade the HVAC and lighting at the Sheriff’s Department, he felt that now would be a good time to renovate the space so they can utilize it better than what they are now.

Councilman Anderson said that he has toured the facility recently and agreed how much things have changed since it was first built. He agreed that there is no more room and even made the comment to move Community Corrections out to another building. He recommended the Council and Commissioners go tour the building.


Commissioner Heimlich said that the energy savings renovation is almost completed at the Courthouse and now Ameresco has put a proposal together for the White County Sheriff’s Department.

Mark Heirbrandt, Senior County Executive with Ameresco, said that they have evaluated the issues at the Sheriff’s Department and completed a Comprehensive Study.

Garyn Evans, Director of Development Engineering, and other representatives from Ameresco were present to discuss the improvements at the White County Sheriff’s Dept.

· Lighting Upgrades

· Water Conservation

· HVAC Upgrades

· BAS Upgrades

· Power Quality and Security Study

The contract cost for the proposed improvements to the White County Sheriff’s Dept. is $1.390,187.00. Approximately $43,000 in energy savings, and $2,000 - $3,000 in operations maintenance savings per year.

Commissioner Heimlich reminded everyone that the building is 20+ years old and all of the equipment is in operation 24/7, which basically doubles the life of the building and equipment. There are definitely improvements that need to be done, and a decision can be made on whether it’s done all at once or done in phases.

Commissioner Burton said that even though he’s very conservative with the county’s money, he feels that this is a good investment. Ameresco can go in and make this building current which is better than having to construct a new building.

Commissioner Heimlich explained that this proposal will be an addendum to the original contract that we have with Ameresco.

Councilwoman Faker said that she understands what Ameresco is proposing, but asked if it addresses the Sheriff’s lack of space issue as well.

Commissioner Diener said that these are two different issues with the department and he is not ready to discuss the lack of space at this time. He said we have a lot of opportunities with space that they can utilize to create a lot of benefits for the jail, and the space that they need. Right now, we need to take care of the necessities (lighting, heating, and security) of the building.

Councilman Anderson said that both issues should be taken care of at the same time. He said that there weren’t a lot of changes to be done to add the space that’s needed.

Sheriff Brooks said that a space utilization study will need to be done and that could take up to four weeks. He also needs to meet with the Community Corrections board to discuss if they want to renovate the space or move to another building. He said that’s not his decision.

Mr. Evans said that unless you decide to tear down and renovate and change the space in the jail, the upgrades that they’re doing won’t change their scope of work.

Commissioner Diener said that their intent was to present to the Council the scope of work and the cost for the Sheriff’s Department. When everything is agreeable, the project could start the next month.

Commissioner Heimlich said that they will put this on the agenda for the next joint meeting in June, so the Sheriff can have time to talk with the Community Corrections board.

The consensus of the Commissioners and Council was to move forward with the proposal from Ameresco but Councilwoman Faker did say that she does not want to ignore the Sheriff’s request for additional space.


Commissioner Burton said that the new Highway Department project has not moved as quickly as he had hoped. The project never started as planned so now the cost of constructing a new garage has increased because of inflation. Garmong Construction Services have been managing the project and if the Council approves the new proposal, construction could start August 1.

Dan Zuerner, Vice President Garmong Construction Services, explained that they have had two architects and a wetland situation that has held up the project. The reason for the schedule push that Commissioner Burton is asking for now is because the County is asking for its “final” extension of the wetland’s remediation permit. A permit has been issued and now we have 8 – 9 months to get it started. Garmong will be the construction manager and the consultant on the project. The budget that’s presented does include the utilities necessary to connect to the Town of Reynolds. Their goal is to have the mechanical, electrical and plumbing and bid documents all wrapped up by June 1st, put the project out for bid in June, accept the bids in July and issue the notice to proceed by the first of August.

Jake Wagel, Director of Operations/Garmong, presented a summary sheet detailing the new Highway Garage. He said that this garage is actually 5,000 sq. feet smaller than it was two years ago. The cost does not include any fixtures, furniture or equipment.

Councilman Anderson voiced his disappointment on the fact that this could be a lot of money for just a brick and mortar building. To add equipment the cost could be $1 million to $2.5 million more.

Councilman Crabb asked how we are going to buy equipment for the building if they don’t have the funds in the budget. The discussion was made on taking the money from the Landfill funds.

Commissioner Burton asked if the Council was comfortable with proceeding with the project.

Commissioner Diener said that we will know real numbers after we put this out for bid.

Commissioner Burton suggested that the Council use the money out of the Landfill Reserve fund rather than borrowing the funds because this is a one-time event.

Commissioner Diener commented that the past Commissioners and Council did a great job conserving the money from the Landfill funds, but asked why the money is being saved if we aren’t using it for things like this.

Councilman Davis said that he didn’t want to see the County moving backward on this project. He felt committed to the project and wanted to move forward.

· Councilman Davis made a motion to move forward with the construction of a new County Highway Department, seconded by Councilman Crabb. (Vote: 5 Yes, 0 No, 1 – Undecided - Anderson)

· Commissioner Burton made a motion to move forward with the construction of a new County Highway Department, seconded by Commissioner Diener. Vote: Unanimous

Councilman Denny Carter took a moment and said how proud his father, former County Commissioner Tom Carter, would be knowing that we are building a new Highway Department. This was something that he always wanted done because he was embarrassed that our Highway Department was operating out of a cracker box.

Commissioner Heimlich commented that the building is 70 years old.


County Attorney Loy presented a Memorandum of Understanding between White County Circuit Court and Carroll-White CASA, a court-based program that advocates for abused and neglected children.

· Commissioner Diener made a motion to accept the Memorandum of Understanding between White County Circuit Court and Carroll-White CASA for a period of January 1, 2019, through December 31, 2019, seconded by Commissioner Burton. Vote: Unanimous

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

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

___________________________ _____________________________ __________________________

John C. Heimlich, President Steve Burton, Vice President David Diener, Member

ATTEST: _________________________

Gayle Rogers, Auditor