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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, June 3, 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.

MINUTES

No minutes were presented.

PAYROLL

· Commissioner Diener made a motion to approve payroll for May 20, 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

PROPOSED ORDINANCE – CONFLICT OF INTEREST

Area Plan Director Joe Rogers said that Indiana Senate Bill 142 passed and goes into effect July 1, 2019:

Prohibits a building commissioner, building code official, or inspector for a local unit of government (unit) from issuing a building permit when the building commissioner, building code official, or inspector has a direct or indirect financial interest in the issuance of the permit. Requires a unit to adopt an ordinance to establish a procedure to address instances where a building commissioner, building code official, or inspector has a direct or indirect financial interest in the issuance of a permit.

Director Rogers proposed a county ordinance that creates a procedure for processing permits where a conflict of interest exists for a White County Building Commissioner, Building Code Official or Building Inspector.

Commissioner Heimlich asked what they will do if the Executive Director has a conflict of interest.

Director Rogers said that he doesn’t review the Building permits. If he applies for one, it will go to the Building Inspector. He will only review them if the Building Inspector has a conflict of interest.

· Commissioner Diener made a motion to suspend the rules on the first reading to act on Ordinance No. 19-06-03-01, seconded by Commissioner Burton. Vote: Unanimous

· Commissioner Burton made a motion to approve Ordinance No. 19-06-03-01, creating a procedure for processing permits where a conflict of interest exists for a White County Building Commissioner, Building Code Official or Building Inspector, seconded by Commissioner Diener. Vote: Unanimous

ORDINANCE NO. 19-06-03-01

AN ORDINANCE CREATING A PROCEDURE FOR PROCESSING PERMITS WHERE A CONFLICT OF INTEREST EXISTS FOR A WHITE COUNTY BUILDING COMMISSIONER, BUILDING CODE OFFICIAL OR BUILDING INSPECTOR

WHEREAS, the White County Board of Commissioners is required under Indiana Code 36-1-27 to establish a procedure to address situations where a conflict of interest exists for a building commissioner, building code official or inspector in evaluating and issuing a permit; and,

WHEREAS, the result of such procedure is to assure that such conflicts are handled in a fair and uniform manner; and,

WHEREAS, the implementation of such procedure will protect property owners from the prospect of permit decision making being influenced by personal, financial interest by individuals responsible for permit processing; and,

WHEREAS, it is necessary to establish an alternate review procedure for permit processing under circumstances where a conflict of interest has been declared.

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:

Permit: As provided for in IC 36-7-4-1109 (b), as amended from time to time.

Conflict of Interest: A direct or indirect financial interest in the issuance of a permit.

Building Official: The Building Commissioner, Building Code Official or Building Inspector for White County.

Section 2: Conflict Report: Anytime a Building Official identifies a situation which presents said Building Official with a conflict of interest, the Building Official shall notify the Building and Planning Department Executive Director, via the Conflict of Interest (COI) Disclosure Form (Exhibit A) available in the office of the Building and Planning Department; that such conflict is present.

Section 3: Distribution: The Executive Director shall distribute a copy of the COI Disclosure Form to all Staff members.

Section 4: Routing: The Staff member that issues the routing for the permit application shall direct all relevant documents to the Executive Director for any step of the permit process to which the Building Official is normally assigned.

Section 5: Application and Review: The Executive Director shall review the permit application and package and, upon approval, shall authorize the permit to be issued.

Section 6: Inspection & Certificate of Occupancy (CO): Any inspections associated with the subject permit shall be scheduled for the Executive Director to complete.

Section 7: Certificate of Occupancy: Upon passage of all required inspections and any other action required within the permit process, the Executive Director shall authorize and endorse a C/O.

Section 8: Effectiveness: This Ordinance shall be effective immediately upon its passage and shall repeal or amend all other Ordinances, or portions thereof, inconsistent herewith.

LAKE SHORE VILLAGE ON 600 NORTH

Kathleen Gross, 6111 N. Lake Road 67 E., Monticello, presented a copy of the By-Laws for the Lake Shore Village Homeowners Association.

Ms. Gross said that two houses down from her, there is a persistent issue where people are arguing, fighting, playing loud music, and setting off a cannon. Police have been called numerous times over the years, and restraining orders have been filed on the property owners. She is hoping that the County would adopt a Noise Ordinance with strict fines attached to it.

County Attorney George Loy explained that there is a state statute that covers fireworks. County Noise Ordinances are difficult to draft and enforce because they have to be based on objective, not subjective standards. He said that he would talk with her further after the meeting.

AUDITOR – TRANSFER FEE INCREASE

Auditor Gayle Rogers said that Indiana House Bill 1427, adopted May 5, 2019, states that the Auditor must increase the rate from $5 to $10, for endorsing a real estate conveyance document and provides that the fee revenue must be used for developing or maintaining plat books, in traditional or electronic format.

The proposed ordinance would go into effect on July 1, 2019.

· Commissioner Diener made a motion to suspend the rules on the first reading to act on Ordinance No. 19-06-03-02, seconded by Commissioner Burton. Vote: Unanimous

· Commissioner Burton made a motion to adopt Ordinance No. 19-06-03-02, seconded by Commissioner Diener. Vote: Unanimous

ORDINANCE NO. 19-06-03-02

AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF WHITE COUNTY, INDIANA

FOR REAL PROPERTY ENDORSEMENT FEE

WHEREAS, White County, Indiana, determines to adopt an Ordinance for a document endorsement fee pursuant to IC §36-2-9-18;

WHEREAS, the Board of Commissioners of White County, Indiana authorize the White County Auditor to collect a fee of ten dollars ($10.00) for each: legal description of each parcel contained in the deed; for which the auditor makes a real property endorsement;

WHEREAS, the definition of deed is stated as follows: “a signed and usually sealed instrument containing some legal transfer, bargain or contract”;

WHEREAS, said fee is effective July 1, 2019, and is in addition to any other fee provided by law;

WHEREAS, the auditor shall place the revenue received under this Ordinance in a county fund dedicated for use in maintaining plat books; and

WHEREAS, all previous ordinances regarding endorsement fees are null and void.

 

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