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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, August 19, 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 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 as presented for the Executive Session from July 15, 2019, and the regular meeting from August 5, 2019, seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

· Commissioner Diener made a motion to approve payroll for July 29, 2019, 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

AREA PLAN

Rezone Petition #1113

CIMC Reefer Trailer is requesting to rezone 84.061 acres from an A-1 (General Agriculture District) to an I-2 (Heavy Industrial District). The property is located at 717 E. Quarry Road, Monon.

The Area Plan Commission held a public hearing on August 12, 2019, on this petition. At that time, the APC voted 9 yes and 0 no to recommend this rezoning to the Commissioners. A property owner east of the site appeared at the hearing and voiced his concerns.

Commissioner Heimlich asked if anyone is wishing to speak to this request.

Ann Felton, Engineer representing CIMC Reefer Trailer, said that she attended the hearing and spoke with the neighbor and addressed their concerns. She pointed out that the 84 acres are zoned Industrial in the Comprehensive Plan.

· Commissioner Diener made a motion to approve Rezone Petition #1113 from an A-1 to an I-2 as presented, seconded by Commissioner Burton. Vote: Unanimous

AMENDMENT TO THE ZONING ORDINANCE – BEEKEEPING & 4-H ANIMAL PROJECTS

Director Rogers presented Amendment #38 to the Zoning Ordinance:

Micro Farming

Chapter 4 Specific Use Classification & Provisions

4.3 Accessory Use Provisions

4.3.2 Domesticated Animals

4.3.3 Exotic Animals

4.3.4 Livestock Animals & Bees

Chapter 14: Definitions

The first part of the amendment is for a newly enacted Indiana law that took effect July 1. The law prohibits county, city, town or township government from banning beekeeping on a person’s property. Beekeeping is now allowed in all zoning districts, including residential.

The second part of the amendment deals with 4-H animal projects. The amendment allows people within municipalities to have small animal projects so they can participate in 4-H.

The Area Plan Commission held a public hearing on August 12, 2019, regarding this amendment to the Zoning Ordinance. At that time, the APC voted 9 yes and 0 no to recommend this amendment to the Commissioners for approval.

Commissioner Heimlich asked if there are any comments or questions on the proposed zoning ordinance amendment. No response.

· Commissioner Diener made a motion to adopt Ordinance No. 19-08-19-01 approving Amendment #38 to the Zoning Ordinance as presented, seconded by Commissioner Burton. Vote: Unanimous

AMENDMENT TO THE ZONING ORDINANCE OF WHITE COUNTY, STATE OF INDIANA

ORDINANCE NO. 19-08-19-01

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 July 8, 2019, after timely notification of the hearing was given by 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 BOARD OF COMMISSIONERS, WHITE COUNTY, INDIANA:

THIS AMENDMENT, IDENTIFIED AS AMENDMENT #A38, WHICH INCLUDES AMENDING:

CHAPTER 4 - Specific Use Classification & Provisions - 4.3 Accessory Use Provisions: 4.3.2 Domesticated Animals, 4.3.3 Exotic Animals & 4.3.4 Livestock Animals & Bees; AND

CHAPTER 14 – Definitions

The purpose of this amendment is to satisfy the statutory requirements of Senate enrolled Act No. 529 and provide allowances for 4H animal projects.

AMENDMENT TO THE ZONING ORDINANCE – WIRELESS TOWERS

Director Rogers presented Amendment #A51 to the Zoning Ordinance:

Chapter 3: Specific Use Requirements & Performance Standards

3.10 Wireless Support Structures and Wireless Facilities

3.10.2 New Wireless Support Structures and Wireless Facilities

3.10.3 Existing Wireless Support Structure and/or Wireless Facility (Substantial Modification)

3.10.4 Application and Approval Procedure- Collocations

3.10.5 Construction, Placement or Use of Small Cell Facilities

Director Rogers explained that the purpose of this amendment is to adopt zoning ordinance standards and requirements for wireless structures and facilities according to Indiana Code, which was passed in 2016 and 2017. These amendments to statute provide various restrictions, limitations, and guidelines for dealing with wireless application and review/approval process and procedures in the areas of new wireless structures and facilities, updated facilities, maintenance, collocation, and small cell technology. The statutes prevent zoning review and/or permits for various activities related to wireless communication infrastructure as provided for in Chapter 3, Section 3.10 of the White County Zoning Control Ordinance. This amendment balances the needs of the wireless communications industry with the safety, health, and welfare of the community at large.

The Area Plan Commission held a public hearing on August 12, 2019, regarding this amendment to the Zoning Ordinance. At that time, the APC voted 9 yes and 0 no to recommend this amendment to the Commissioners for approval.

Commissioner Heimlich asked if there are any comments or questions on the proposed zoning ordinance amendment. No response.

· Commissioner Diener made a motion to adopt Ordinance No. 19-08-19-02 approving Amendment #A51 to the Zoning Ordinance as presented, seconded by Commissioner Burton. Vote: Unanimous

 

AMENDMENT TO THE ZONING ORDINANCE OF WHITE COUNTY, STATE OF INDIANA

ORDINANCE NO. 19-08-19-02

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 August 12, 2019, after timely notification of the hearing was given by 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 BOARD OF COMMISSIONERS, WHITE COUNTY, INDIANA:

THIS AMENDMENT, IDENTIFIED AS AMENDMENT #A51, WHICH INCLUDES AMENDING:

CHAPTER 3 - Specific Use Requirements & Performance Standards - 3.10 Wireless Support Structures and Wireless Facilities: 3.10.2 New Wireless Support Structures and Wireless Facilities, 3.10.3 Existing Wireless Support Structure and/or Wireless Facility (Substantial Modification), 3.10.4 Application and Approval Procedure-Collocations & 3.10.5 Construction, Placement or Use of Small Cell Facilities.

The purpose of this amendment is to adapt zoning ordinance standards and requirements for wireless structures and facilities to comply with Indiana Code passed in 2016 and 2017.

 

AMENDMENT TO ZONING ORDINANCE – EVENT BARNS

Director Rogers presented Amendment #A58 to the Zoning Ordinance:

Event Barns

Chapter 3: Specific Use Requirements & Performance Standards

3.16 Special Exception Use Criteria & Requirements

3.16.10 Category 9: Event Barns

Chapter 8: Parking & Loading Standards

Table 8.6 Required Off-Street Parking Spaces

Appendix A: Official Schedule of Uses

Director Rogers said that this amendment deals with event barns, old barn structures repurposed to accommodate celebratory activities such as weddings, family reunions, anniversary parties, etc. They are currently not covered by the current zoning ordinance, and this amendment will provide standards and requirements pertaining to this activity. It includes definitions, parking requirements, and permissible zoning district assignments.

The Area Plan Commission held a public hearing on August 12, 2019, regarding this amendment to the Zoning Ordinance. At that time, the APC voted 9 yes and 0 no to recommend this amendment to the Commissioners for approval.

Commissioner Heimlich asked if there are any comments or questions on the proposed zoning ordinance amendment. No response.

· Commissioner Burton made a motion to adopt Ordinance No. 19-08-19-03 approving amendment #A58 to the Zoning Ordinance as presented, seconded by Commissioner Diener. Vote: Unanimous

 

AMENDMENT TO THE ZONING ORDINANCE OF WHITE COUNTY, STATE OF INDIANA

ORDINANCE NO. 19-08-19-03

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 August 12, 2019, after timely notification of the hearing was given by 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 BOARD OF COMMISSIONERS, WHITE COUNTY, INDIANA:

THIS AMENDMENT, IDENTIFIED AS AMENDMENT #A58, INCLUDES AMENDING:

CHAPTER 3 Specific Use Requirements & Performance Standards - 3.16 Special Exception Use Criteria & Requirements: 3.16.10 Category 9: Event Barn

CHAPTER 8 Parking & Loading Standards – Table 8.6 Required Off-Street Parking Spaces; AND

Appendix A: Official Schedule of Uses

The purpose of this amendment is to accommodate celebratory activities such as weddings, family reunions, anniversary parties, etc., which are currently not covered by the current zoning ordinance.

 

AMENDMENT TO ZONING ORDINANCE – FENCES

Director Rogers presented Amendment #A60 to the Zoning Ordinance:

Fences

Chapter 9: Landscaping Standards

9.6 Fencing

Director Rogers said that this amendment adds a permit requirement for fence construction/location within municipalities, and including Buffalo and Idaville. This is to prevent improper fence construction/placement. Stricter standards have been developed for fences within front yards and front yard setbacks.

The Area Plan Commission held a public hearing on August 12, 2019, regarding this amendment to the Zoning Ordinance. At that time, the APC voted 9 yes and 0 no to recommend this amendment to the Commissioners for approval.

Commissioner Heimlich asked if there are any comments or questions on the proposed zoning ordinance amendment. No response.

· Commissioner Diener made a motion to adopt Ordinance No. 19-08-19-04 approving Amendment #A60 to the Zoning Ordinance as presented, seconded by Commissioner Burton. Vote: Unanimous

AMENDMENT TO THE ZONING ORDINANCE OF WHITE COUNTY, STATE OF INDIANA

ORDINANCE NO. 19-08-19-04

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 August 12, 2019, after timely notification of the hearing was given by 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 BOARD OF COMMISSIONERS, WHITE COUNTY, INDIANA:

THIS AMENDMENT, IDENTIFIED AS AMENDMENT #A60, INCLUDES AMENDING:

CHAPTER 9 Landscaping Standards – 9.6 Fencing

The purpose of this amendment is to add a level of review (permit requirement) for fence construction/location any time within a municipality’s limits. In addition, more restrictive standards have been developed for fences when proposed for front yards and within front yard setbacks along with clarification of standards for non-residential uses.

RECYCLE

Director Dawn Girard submitted an invoice for $2,809.00 from Delphi Body Works, Inc., for repairs to the 1992 International Garbage Truck (backup cardboard truck). She requested permission to use the county grant funds from the Northwest Indiana Solid Waste District to pay the invoice in full.

· Commissioner Diener made a motion to approve the transfer of funds from the Northwest Indiana Solid Waste District to pay the Delphi Body Works invoice for $2,809.00, seconded by Commissioner Burton. Vote: Unanimous

GORDON ROAD – CHANGE ORDERS

Highway Superintendent Mike Kyburz submitted the following change orders for the Gordon Road project.

Change Order No: 006 $35,916.00

Two insert valves were needed to be installed at the following locations: Ebony, Melody, and Rainbow Drive to allow the water main connections to the existing systems servicing adjacent residential subdivision for a total of six insert valves. The insert valves were needed due to the insistence of the City not to have any interruption to water service to the residents.

Change Order No. 008 $ 6,620.01

Upon the new 8” water main work at the crossing of Ebony Drive it was discovered that there was no water main indicated servicing the subdivision from the previous Gordon Road water main feed. Since there was no apparent secondary feed identified by the City, the tapping sleeve and valve was needed to ensure non-interrupted service to the residences.

Change Order No. 009 $ 3,102.00

Due to conflicts with existing utilities and the proximity to project right-of-way, the 6-inch water main tie into existing residential water main at Ebony Drive needed to be realigned and then attached to newly installed 8-inch water line.

Change Order No. 010 $ -9,516.00

Changed preformed loop detectors to saw cutting, signal cable.

Change Order No. 011 $ 3,330.00

Saw cut for roadway loop and sealant. Traffic control device at Main Street and Gordon Road.

Signal cable roadway loop cooper. $ 495.00

· Commissioner Diener made a motion to accept the change orders for Gordon Road as presented, seconded by Commissioner Burton. Vote: Unanimous

BRIDGE #227 – CR 300 EAST OVER MOOTS CREEK

Highway Superintendent Mike Kyburz submitted Contract Addendum #2 for $49,450 from HWC Engineering. The additional cost is for survey, design, and plan development services for the inclusion of intersection design at CR 300 E. and CR 125 S. Also, providing wetland delineation survey and reports.

· Commissioner Burton made a motion to approve Contract Addendum #2 for $49,450 for Bridge #227 from HWC Engineering, seconded by Commissioner Diener. Vote: Unanimous

SCANNING OF OLD RECORDS

White County Auditor Gayle Rogers presented a quote from SBS Information & Records Associates to scan all of the old Clerk and Court records that are stored in the basement. For $532,846.84, all of the files will be scanned, digitized, and indexed so that they can be destroyed. After this is completed, they will be able to access the files from their computers. The Council approved the funds which can be paid out over five years at no interest.

· Commissioner Burton made a motion to approve the quote from SBS Information & Records Associates for $532,846.84, seconded by Commissioner Diener. Vote: Unanimous

At this time, Council President Butch Kramer called the Council members to order in joint session with the Commissioners. Council members present:

Butch Kramer, President Denny Carter Jim Annis

Jim Davis Janet Faker Art Anderson

Councilman Casey Crabb was absent.

ECONOMIC DEVELOPMENT

President Randy Mitchell presented the Business Summary report for July.

Three new businesses opened up in Monticello: Skipper Custard Ice Cream, Taco Shoppe, and An Udder Sensation. Five leads came in looking for existing buildings, and one lead was looking for 40+ acres of land.

AREA PLAN

Director Rogers said that the APC Board requested him to put together a Housing Study Committee and a Steering Committee for the Comprehensive Plan. They will be meeting monthly for about 18 months.

Director Rogers discussed the increase in variance and rezoning requests. If these numbers continue to increase for next year, he has concerns with his staff being able to handle the workload. He will bring in more specific numbers next month to see if this trend is going to continue or not.

ENVIRONMENTAL DEPARTMENT

Environmental Officer Jim Reynolds submitted the Environmental Report for July – August.

· Received 103 calls/complaints on various issues.

· Issued five septic permits.

· Made 11 landfill inspections.

· Reviewed pool samples and made inspections.

· Lake samples (copies available in his office) and transported to ISDH.

AIRPORT

Chad Baumgartner, Airport Board President, said that the FAA requested a grant application for replacing Luse Road. Usually, when they request this, it means they’re going to fund the project. The board has expressed to CHA Engineers that if they don’t perform better, the board will hire a new engineering company for the project.

INDOT has indicated that they are not in favor of putting in a roundabout on the Luse Road replacement project. They said it was a “T” road before and they feel that only a “T” road will be funded.

Commissioner Diener said that they want to keep the roundabout for the development of the other side of the road. The only place for the City of Monticello to grow is on the west side of Freeman Road/South 6th Street.

Commissioner Heimlich said that they want to move forward with the roundabout in the road design and they will call to file an appeal if needed.

E911

E911 Director Terri Brooks submitted a report for the year-to-date.

Director Brooks reported that all the permits were obtained from Area Plan for the new radio tower. She has completed the application and is waiting for a response from NIPSCO to install the gas line for the generator. She is also meeting with contractors to start the work for the shelter placement.

Statistics 2019 JAN FEB MARCH APRIL MAY JUNE JULY

911 Wireless 777 689 597 630 887 875 986

911 Landline 111 96 111 82 88 61 74

Admin 5655 5251 5616 5495 5793 5559 6642

Text 43 33 29 183 228 287 560

Amb Runs 226 178 197 172 217 212 21

Jan – May Text from 911 1619

Jan – May Text to 911 19

TOURISM DEVELOPMENT

Digital Marketing Director Kaylee LaOrange gave an update about the Enjoy White County webpage and how they are helping local businesses with advertising.

AMENDMENTS TO THE INNKEEPER’S TAX ORDINANCE

Area Plan Director Joe Rogers explained that when he retired, he was hired by the Innkeeper’s Tax Commission to handle some issues related to enforcement and the Innkeeper’s Tax ordinance.

Indiana State code clarified that all short-term rentals are required to pay innkeeper’s tax. With the help of Senator Brian Buchanan, the law is now updated saying that VRBO’s and Airbnb’s are required to pay.

Director Rogers submitted a joint Commissioner/Council ordinance establishing the White County Innkeeper’s Tax. This ordinance will repeal the two ordinances that currently exist.

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

· Commissioner Diener made a motion to adopt Ordinance No. 19-08-19-05, establishing a White County Innkeeper’s Tax, seconded by Commissioner Burton. Vote: Unanimous

· Councilwoman Faker made a motion to adopt Ordinance No. 2019-03, establishing a White County Innkeeper’s Tax, seconded by Councilman Anderson. Vote: Unanimous

WHITE COUNTY COMMISSIONER’S ORDINANCE NO. 19-08-19-05

WHITE COUNTY COUNCIL ORDINANCE NO. 2019-03

JOINT WHITE COUNTY COMMISSIONERS’ AND COUNCIL

ORDINANCE ESTABLISHING A WHITE COUNTY INNKEEPER’S TAX

WHEREAS, I.C. §6-9-10.5-6 allows White County to establish a County Innkeeper’s Tax; and,

WHEREAS, the White County Council and the Board of Commissioners of White County find that such a tax is necessary and prudent for the financial well-being of the County.

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

Section 1: Establishment

That there is hereby established a White County Innkeeper’s Tax.

Section 2: Tax on lodging authorized, Rate

A Gross Innkeeper’s Tax of 5% shall be imposed upon every person engaged in the business of renting or furnishing any room or rooms, lodgings or accommodations in any:

1) hotel;

2) motel;

3) inn;

4) tourist cabin;

5) campground space (both primitive and improved);

6) resort; or,

7) other building or structure;

in White County in which lodging is regularly furnished for a consideration. The Gross Innkeeper’s Tax shall be collected on rentals for periods of less than thirty (30) days.

Section 3: Collection

The Tax shall be collected and remitted to the White County Treasurer on a monthly basis. The Tax shall be paid to the County Treasurer not more than twenty (20) days after the end of the month the tax is collected.

Section 4: Retention, Distribution

The tax levy will be imposed and the revenues from the levy will be retained by White County, Indiana. The White County Council and Board of Commissioners shall establish a County Promotion Fund and a separate Lake Enhancement Fund. The White County Treasurer shall deposit all monies received from the White County Innkeeper’s Tax into said County Promotion Fund and Lake Enhancement Fund in a manner and proportions as set forth in I.C. §§6-9-10.5-7 and 6-9-10.5-8.

Section 5: Failure to collect, Penalties

Failure to collect and remit tax shall be enforceable with the same penalties as failure to collect and remit state sales tax, which include, but are not limited to, personal liability, penalties and interest, and criminal penalties.

Section 6: Records, Inspections

All records of a person or entity that have collected or that should have collected the Innkeeper’s Tax shall be kept open for examination at any reasonable time by the Innkeeper’s Tax Commission or the Innkeeper’s Tax Commission’s agent(s) or designated representative(s).

Section 7: Effect, Repeal

This ordinance takes effect upon adoption. Any Ordinance or Resolution, in part or in whole, creating an Innkeeper’s Tax, including, but not limited to, White County Ordinance # 96-9-16-1 and # 2011-01 are hereby repealed in their entirety.

The second ordinance presented establishes the Innkeeper’s Tax Commission, as well as, the Lake Enhancement Fund and a Promotion Fund. This also will replace all previous ordinances and bring everything into statuary compliance. Both ordinances have been reviewed and approved by State Board of Accounts and White County Attorney George Loy.

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

· Commissioner Diener made a motion to adopt Ordinance No. 19-08-19-06, establishing the White County Innkeeper’s Tax Commission as well as a Lake Enhancement Fund and a Promotion Fund, seconded by Commissioner Burton. Vote: Unanimous

· Councilman Annis made a motion to adopt Ordinance No. 2019-04, establishing the White County Innkeeper’s Tax Commission as well as a Lake Enhancement Fund and a Promotion Fund, seconded by Councilman Carter. Vote: Unanimous

WHITE COUNTY COMMISSIONER’S ORDINANCE NO. 19-08-19-06

WHITE COUNTY COUNCIL ORDINANCE NO. 2019-04

ORDINANCE ESTABLISHING THE WHITE COUNTY INNKEEPER’S TAX COMMISSION AS WELL AS A LAKE ENHANCEMENT FUND AND A PROMOTION FUND

Whereas, the White County Council and the Board of Commissioners have heretofore, pursuant to I.C. §6-9-10.5, created an Innkeeper’s Tax of 5%; and,

Whereas, the White County Council and the Board of Commissioners desire to create an Innkeeper’s Tax Commission to carry out the purposes provided for in I.C. §6-9-10.5-7 and I.C. §6-9-10.5-8; and,

Whereas, this Tax Commission shall be called The White County Innkeeper’s Tax Commission; and,

Whereas, it is necessary to establish two funds, a Lake Enhancement Fund and a Promotion Fund, for capturing and allocating monies from the Innkeeper’s Tax collections as provided for in I.C. §6-9-10.5;

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

Section I: Establishment/Fund Allocation:

(a) There is hereby created an Innkeeper’s Tax Commission (hereinafter referred to as the “Commission”) for White County; and,

(b) There is hereby created a Lake Enhancement Fund and a Promotion Fund.

(c) The five percent (5%) Innkeeper’s Tax shall so be allocated that sixty percent (60%) of the tax collections shall go into the Lake Enhancement Fund and forty percent (40%) of the tax collections shall go into the Promotion Fund.

Section II: Composition of the Commission shall be as follows:

(a) The Commission shall consist of one (1) member appointed by the White County Council, the White County Treasurer, one (1) member appointed by SFLECC and two (2) members appointed by the Monticello Lake Resort Owners Association. At least one (1) of the members appointed by the Monticello Lake Resort Owners Association must be engaged in the short term rental business in the county.

(b) No more than a simple majority of members of the Commission may be affiliated with the same political party. Each member of the Commission must be a resident of White County, Indiana.

(c) All terms of office of the Commission members begin on January 1. All appointments made after the adoption of this Ordinance shall be for two (2) year terms, excluding the Treasurer, whose term shall coincide with his/her term in office. If a vacancy occurs, the appointing authority shall appoint a qualified person to serve for the remainder of the term. If a vacancy is not filled within thirty (30) days from the date the vacancy occurs, the Commission shall appoint a member by majority vote of the entire Commission.

(d) A member of the Commission may be removed for cause by his/her appointing authority.

(e) Members of the Commission may not receive a salary. However, Commission members are entitled to reimbursement for necessary expenses incurred in the performance of their respective duties.

(f) Each Commission member, before entering his/her duties, shall take an oath of office in the usual form to be endorsed upon his/her certificate of appointment and promptly filed with the Clerk of the White County Circuit Court of Indiana.

(g) The Commission shall meet after January 1 each year for the purpose of organization. It shall elect one of its members as President, another member as Vice President, another member as Secretary-Treasurer. The members elected to those offices shall perform the duties pertaining to those offices. The officers chosen shall serve from the date of their election until their successors are elected and qualified. A majority of the Commission constitutes a quorum, and the concurrence of a quorum of the Commission is necessary to authorize any action.

Section III: Responsibilities of the Commission: The Commission shall be responsible for the following:

(a) Review and evaluate all lake enhancement projects including silt trap cleaning projects;

(b) Prepare an annual budget for the Commission and submit said budget to the White County Council for its review and approval;

(c) The Commission shall meet no less than semi-annually in March and September. Minutes of all meetings shall be recorded and a copy of such minutes submitted to the White County Council. The Enhancement Commission shall have the right to hold additional meetings as its members deem necessary; and,

(d) The Commission oversees the operation of the White County Tourism Authority.

Section IV: Powers/Limits of the Commission:

The Commission:

(a) Is a department of White County Government and, as such, subject to the rules and regulations of White County;

(b) May accept and use gifts, grants, and contributions from any public or private source, under terms and conditions that the Commission considers necessary and desirable;

(c) Shall make rules necessary for the conduct of its business and the accomplishment of its purposes;

(d) Shall receive and approve, alter, or reject requests and proposals for funding by corporations;

(e) Shall require financial or other reports from any corporation that received funds from the Enhancement Fund;

(f) Shall contract with and conduct oversight of the White County Tourism Authority, such oversight shall include, but shall not be limited to:

1) requiring submittal of an operating budget from the White County Tourism Authority which shall be reviewed, approved, revised or rejected by the Commission;

2) reviewing, approving, modifying or denying of all claims of the White County Tourism Authority from the Promotion Fund; and,

3) requiring an annual Financial Operating Report from the White County Tourism Authority.

Section V: Expenses: All expenses of the Commission shall be paid from the Lake Enhancement Fund established by the White County Council and the Board of Commissioners of White County, Indiana. The Commission shall annually prepare a budget and submit its budget to the White County Council for its review and approval. An expenditure, beyond the budget, may not be made unless it is in accordance with an appropriation made by the White County Council in the manner provided by law.

Section VI: Collections/Expenditures: All money coming into possession of the Commission shall be deposited, held, secured, invested, and paid in accordance with statutes relating to the handling of public funds. The handling and expenditures of money coming into possession of the Commission is subject to audit and supervision by the State Board of Accounts.

Section VII:

(a) A member of the Commission who knowingly:

(1) approves the transfer of money to a person or corporation not qualified under law to receive the transfer; or,

(2) approves a transfer for a purpose not permitted under law commits a Level 6 felony.

(b) A person who receives a transfer of money under this chapter and knowingly uses the money for any purpose not permitted under this chapter commits a Level 6 felony.

Section VIII: This ordinance will be in full force and effective from and after its passage by the White County Council and the Board of Commissioners of White County, Indiana. Any previous Ordinance or Resolution, in part or in whole, creating a Commission and/or Fund supported by Innkeeper’s Tax remittance, including, but not limited to, White County Ordinance # 2-17-98-3 and “Amendment” dated May 24, 1999 is hereby repealed in its entirety.

MONTICELLO IVY TECH

Site Manager Patty Plantenga was happy to announce that their fall enrollment is up 30%.

Mrs. Plantenga discussed a new program option for White County called White County Promise Proposal. The program takes the financial burden off of the students of White County. It’s a financial aid program offering White County High School graduates two years of tuition of scholarship and fee assistance at Ivy Tech beginning with the Class of 2019 and continuing through the class of 2025. The program will provide eligible students with a last-dollar scholarship after exhaustion of gift aid (Pell, Indiana state grant awards, and any other scholarships received). Another benefit of the program is the “wrap-around” services the students will receive from a local community college.

The Last Dollar Scholarship is where White County will provide financial assistance to offset tuition and mandatory fees. The cost to the county is an estimated $1,100 per student per year. Mrs. Plantenga recommended that the county budget a flat amount, and she will divide it up and break it down per student.

The students that apply and are awarded this program must maintain satisfactory academic progress, maintain full-time enrollment, participate in an internship program, no criminal records, White County residence, and participate in one community service project per year.

Her ultimate goal is to keep students in White County to increase job placement.

Commissioner Diener thanked Mrs. Plantenga for the energy and effort that she’s put forth trying to increase enrollment at the Monticello Ivy Tech Campus.

Commissioner Heimlich suggested that the Council and Commissioners review the information in detail and revisit the discussion at the next joint meeting in September.

LAW LIBRARY

Circuit Court Judge Jason Thompson and Superior Court Judge Bob Mrzlack appeared before the Commissioners and Council asking permission to recycle a lot of outdated law books and binders in the Law Library. They are hoping to donate the binders to the schools and recycling all the books to the White County Recycling Dept. Their goal is to eliminate enough so they can move everything to the moving shelves, remove the standing shelves and put tables in there for the public.

· Commissioner Diener made a motion to dispose of the obsolete and aged material in the Law Library, seconded by Commissioner Burton. Vote: Unanimous

COMMUNITY CORRECTIONS UPDATE

Community Corrections Advisory Board President Stacey Diener thanked the Commissioners for approving the Community Corrections to move from the Sheriff’s Department to the 3rd floor of the Courthouse at the last meeting. Since then, they have received more input and reviewed the location and space. Now, the Advisory Board is requesting not only movement of the staff, but they have also voted to support the Sheriff’s request to renovate the space. The Advisory Board recognizes that the number of inmates in work release is not at full capacity. Knowing that the Sheriff’s Department is short on space in the administrative area and jail space, the board supports the Sheriff to utilize the Community Corrections area to create more counseling space in a secured area.

Sheriff Brooks requested permission to have an architect or engineer look at the space to see what will work with the area. The renovation is not only needed for counseling space, but he is also having issues with having only one padded cell and one drunk tank. Right now, he does not have space for women.

Judge Mrzlack said that both Judges are on the Advisory Board and confirmed that there is a space issue. He said that they would like to leave the old Clerk’s office open for a multi-purpose room. They might use the office for a video conferencing room, or counseling for attorneys.

After a long discussion about the space of the jail, Commissioner Heimlich said that they could arrange for the old Extension Office area in the basement to be cleaned out very quickly so the Community Corrections Department could move in.

· Commissioner Burton made a motion to clear out the old Extension Office area and allow Community Corrections to acquire the space, seconded by Commissioner Diener. Vote: Unanimous

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

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

___________________________ _____________________________ __________________________

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

ATTEST: _________________________

Gayle Rogers, Auditor