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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, March 16, 2020, 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

· Commissioner Burton made a motion to approve the minutes for the regular meeting held on March 2, 2020, and the executive session held on March 12, 2020, seconded by Commissioner Diener. Vote: Unanimous

PAYROLL

· Commissioner Diener made a motion to approve payroll for March 9, 2020, seconded by Commissioner Burton. Vote: Unanimous

CLAIMS

· Commissioner Diener made a motion to approve and pay the claims as presented, except for the claim for Gator Guard for $48,496, seconded by Commissioner Burton. Vote: Unanimous

AREA PLAN – AMEND SOLAR SITING REGULATIONS

Area Plan Director Joe Rogers presented Amendment #62, amending Chapter 7 Wind & Solar Siting Regulations – 7.16 Application Requirements & 7.17 District Regulations and Performance Standards.

The purpose of this amendment is to allow the development of Solar Farms on multiple adjoining sites in an efficient manner. The intention is to waive setback requirements where the abutting side and rear property lines or portions of those lines are captured in the same solar farm complex.

The Area Plan Commission (APC) held a public hearing on March 9, 2020, for this amendment. At that time, the APC voted 11 yes and 0 no to recommend Amendment #62 to the Commissioners.

Commissioner Heimlich asked if anyone wished to speak about the proposed amendment. No response.

· Commissioner Diener made a motion to approve Amendment #62, Ordinance No. 20-03-16-02, as presented, seconded by Commissioner Burton. Vote: Unanimous

AMENDMENT TO THE ZONING ORDINANCE OF WHITE COUNTY STATE OF INDIANA

ORDINANCE NO. 20-03-16-02

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

WHEREAS, the White County Area Plan Commission has reported that it held a public hearing concerning this ordinance on March 09, 2020, after timely notification of the hearing was given by two White County publications at least 10 days prior to the hearing as required by I.C. 36-7-4-604;

WHEREAS, the White County Area Plan Commission has reported that it paid reasonable regard to the factors enumerated in I.C. 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 I.C. 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 I.C. 367-4-607; therefore,

BE IT ORDAINED AND ADOPTED BY THE BOARD OF COMMISSIONERS, WHITE COUNTY, INDIANA:

THIS AMENDMENT, IDENTIFIED AS AMENDMENT #A62, INCLUDES AMENDING:

CH 7 Wind & Solar Siting Regulations – 7.16 Application Requirements & 7.17 District Regulations and Performance Standards

The purpose of this amendment is to allow development of Solar Farms on multiple adjoining sites in an efficient manner. The intention is to waive setback requirements where abutting side and rear property lines or portions of those lines are captured in the same solar farm complex.

AREA PLAN – AMEND APPENDIX A & APPENDIX B

Area Plan Director Joe Rogers presented Amendment #63, amending Appendix A – Official Schedule of Uses & Appendix B – Bulk Use Standards.

The purpose of this amendment is to provide a General Business district designation that restricts uses to those least likely to create a nuisance for neighboring residential districts.

The Area Plan Commission (APC) held a public hearing on March 9, 2020, for this amendment. At that time, the APC voted 11 yes and 0 no to recommend Amendment #63 to the Commissioners.

Commissioner Heimlich asked if anyone wished to speak about the proposed amendment. No response.

· Commissioner Burton made a motion to approve Amendment #63, Ordinance No. 20-03-16-03, amending Appendix A and Appendix B as presented, seconded by Commissioner Diener. Vote: Unanimous

AMENDMENT TO THE ZONING ORDINANCE OF WHITE COUNTY STATE OF INDIANA

ORDINANCE NO. 20-03-16-03

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

WHEREAS, the White County Area Plan Commission has reported that it held a public hearing concerning this ordinance on March 09, 2020, after timely notification of the hearing was given by two White County publications at least 10 days prior to the hearing as required by I.C. 36-7-4-604;

WHEREAS, the White County Area Plan Commission has reported that it paid reasonable regard to the factors enumerated in I.C. 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 I.C. 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 I.C. 367-4-607; therefore,

BE IT ORDAINED AND ADOPTED BY THE BOARD OF COMMISSIONERS, WHITE COUNTY, INDIANA:

THIS AMENDMENT, IDENTIFIED AS AMENDMENT #A63, INCLUDES AMENDING:

Appendix A – Official Schedule of Uses & Appendix B-Bulk Use Standards.

The purpose of this amendment is to provide a General Business district designation which restricts uses to those least likely to create a nuisance for neighboring residential districts.

HIGHWAY – 2020-2021 HIGHWAY SUPPLIES

· Commissioner Diener made a motion to accept all bids submitted for the 2020-2021 Highway supplies, seconded by Commissioner Burton. Vote: Unanimous

ITEM 1: UNLEADED GASOLINE

1. Co-Alliance, Avon, IN

ITEM 2: DIESEL FUEL #1, #2, & PREMIUM

1. Co-Alliance, Avon, IN

ITEM 3: TIRES & TUBES

1. Wonderland Tire, Rensselaer, IN

ITEM 4: CRUSHED LIMESTONE, ROAD GRAVEL, CEMENT GRAVEL, & ICE SAND

1. Hanson Material Service, Monon, IN

2. U.S. Aggregates, Indianapolis, IN

3. Engineering Aggregates Corp, Logansport, IN

ITEM 5. A.E. GRADES IF BITUMINOUS MATERIALS

1. Asphalt Materials, Inc., Indianapolis, IN

2. Bit-Mat Products of Indiana, Inc., Ashley, IN

ITEM 6. COLD MIX PATCHING MATERIAL

1. Central Paving, Inc., Logansport, IN

2. Rieth-Riley Construction Co., Inc., Lafayette, IN

3. Milestone Contractors, Lafayette, IN

ITEM 7. BITUMINOUS COATED PAVING MATERIAL

1. Rieth-Riley Construction Co., Inc., Lafayette, IN

2. Central Paving, Inc., Logansport, IN

3. Milestone Contractors, Lafayette, IN

ITEM 8. RENTAL OF EQUIPMENT

1. Milestone Contractors, Lafayette, IN

2. Central Paving, Inc., Logansport, IN

NELBUD SERVICES GROUP – FIRE PROTECTION SERVICES

George Taulia, Nelbud Services Group, presented a service agreement on inspecting and servicing the County’s fire protection equipment regularly.

After performing site surveys at several county buildings, he determined that the County is using four different vendors to maintain some, not all, of the County’s fire protection equipment.

Nelbud Services Group will inspect and service all fire protection equipment at the Courthouse, EMA Building, Health Department, Annex, and the Ivy Tech Building for $2,362.49 annually, and the Sheriff’s Dept./Jail for $8,937.53 yearly. County maintenance personnel will have access to their online portal to pull up information on all of the equipment and service dates, making sure everything complies.

Commissioner Heimlich said that they would take the estimate under advisement and get back with him.

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 Vice President Denny Carter Jim Annis

Jim Davis Janet Faker Art Anderson

Councilman Casey Crabb was absent.

REPORTS PRESENTED AND ON FILE

· Area Plan

· Environmental Officer

· Economic Development

INSURANCE BENEFITS

HR Director Leah Hull said that Anthem BC/BS is waiving the cost to members for any COVID-19 testing. She requested approval from the Commissioners to waive all co-pays for any COVID-19 testing.

· Commissioner Diener made a motion to waive all co-pay fees for any COVID-19 testing by members, seconded by Commissioner Burton. Vote: Unanimous

EMA

Director Chris Springer reminded everyone that the Emergency Operation Center (EOS) is not the lead agency during the Coronavirus pandemic, the White County Health Dept. is. After today, they are activating their emergency activation center and working closely with the Health Dept.

CONSIDERATION OF ORDINANCE ESTABLISHING SHERIFF’S SALE PROGRAM & SERVICE FEE

County Attorney George Loy proposed an ordinance allowing the Sheriff to enter into a contract for services to support the Sheriff in conducting foreclosure sales, Sheriff’s Sale Program.

A proposal from SRI, Inc, for doing the Sheriff’s Sale Program was presented. A fee will be charged from the entity and deposited into a new fund. This money will cover the Sheriff’s cost of administrative expenses. SRI does this for forty other counties.

Auditor Rogers said that SRI would make the Sheriff’s Sales available to the public on the internet. By hiring SRI, this will not put anyone out of a job at the Sheriff’s Dept.

WHITE COUNTY COMMISSIONERS’ ORDINANCE NO. 20____

WHITE COUNTY COUNCIL ORDINANCE NO. 2020-___

JOINT WHITE COUNTY COMMISSIONERS’ AND COUNCIL ORDINANCE ESTABLISHING THE SHERIFF’S SALE PROGRAM AND SERVICE FEE

WHEREAS, the Sheriff of White County, Indiana (the “Sheriff”) desires to enter into a contract for services to support the Sheriff in conducting foreclosure sales (the “Sheriff’s Sale Program”); and

WHEREAS, the Board of Commissioners of White County, Indiana (the “Commissioners”) desire to establish a program to facilitate and enhance the conduct of the Sheriff’s Sale Program; and

WHEREAS, I.C. §32-29-7-3(h) authorizes the Sheriff to charge an administrative fee of up to $200.00 payable by the person seeking to enforce the judgment and decree, for actual costs directly attributable to the administration of the sale; and

WHEREAS, the Commissioners have the authority under I.C. §36-1-3-6 (the “Home Rule”) to adopt an ordinance under Home Rule to establish and authorize the Sheriff’s Sale Program.

NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS OF WHITE COUNTY AND THE WHITE COUNTY COUNCIL, INDIANA THAT:

Section 1. The Sheriff’s Sale Program is approved and established to provide the procedure for the Sheriff to contract for those administrative, technical, clerical and related services that are reasonable and appropriate for the Sheriff to effectively prepare for, manage and implement foreclosure sales.

Section 2. The Commissioners and Council hereby establish a fund to be titled the “Sheriff Sale Fund” into which all collections of Foreclosure Costs Fees, as hereafter defined, shall be deposited and from which the appropriate expenses of the Sheriff Sale Program shall be appropriated and paid. The Sheriff Sale Fund shall be a non-reverting fund to be used only for purposes set forth herein and shall not revert to the County General Fund at year end.

Section 3. The Sheriff and Commissioners are authorized to negotiate and execute a contract with a provider to obtain such administrative, technical, clerical and related services (the “Sheriff Sale Services”) in order for the Sheriff to conduct the Sheriff Sale Program.

Section 4. The Sheriff Sale Services contract shall provide for the delivery of such services by a contractor (the “Contractor”) in compliance with all applicable statutory provisions for the conduct of foreclosure sale proceedings and the Sheriff’s Sale Program. The Sheriff Sale Services contract shall also provide for the payment of a fee for each cause number scheduled in the Sheriff’s Sale Program, to the Contractor for such services.

Section 5. The Sheriff is hereby authorized to charge a fee of One Hundred Dollars ($100.00) per cause number of property in Sheriff’s Sale Program (the “Foreclosure Costs Fees”) and to deposit such Foreclosure Costs Fees collected by or on behalf of the Sheriff in the Sheriff Sale Fund.

Section 6. The Foreclosure Costs Fee shall be payable at the time of filing the paperwork under I.C. §32-29-7-3(h), which shall be a charge for the Sheriff’s Sale in addition to other statutory costs and fees.

Section 7. The Sheriff’s Sale Program contract shall provide for a complete and accurate accounting of all Sheriff Sale Program proceeds and compliance with any reporting or record requirements as set forth by the Indiana State Board of Accounts.

RESOLUTION TO ADOPT A CAPITAL IMPROVEMENT PLAN SPECIFYING USES OF REVENUES RECEIVED FROM ECONOMIC DEVELOPMENT INCOME TAX FUNDS

Auditor Rogers said that every three years, the County does a Capital Improvement Plan that addresses how the County spends the Economic Development Income Tax Funds (EDIT). An updated resolution was presented and needed approval from the Commissioners and Council.

· Commissioner Diener made a motion to approve Resolution No. 20-03-16-01, adopting a Capital Improvement Plan, seconded by Commissioner Burton. Vote: Unanimous

· Councilman Anderson made a motion to approve Resolution No. 20-03-16-01, adopting a Capital Improvement Plan, seconded by Councilman Carter. Vote: 5 Yes, 1 abstain (Annis)

RESOLUTION NO. 20-03-16-01

RESOLUTION OF WHITE COUNTY, INDIANA

TO ADOPT A CAPITAL IMPROVEMENT PLAN

SPECIFYING USES OF REVENUES RECEIVED FROM

ECONOMIC DEVELOPMENT INCOME TAX FUNDS

WHEREAS, the County of White will be receiving economic development income tax funds; and,

WHEREAS, said funds may be used to promote significant opportunities for the gainful employment of the citizens of the County, to attract a major new business enterprise to the County, or to retain or expand significant business enterprises within the County; and,

WHEREAS, said funds may be used for the construction or acquisition of, or remedial action with respect to, a capital project for which the unit empowered to issue general obligation bonds or establish a fund under any statute listed in I.C. 6-1.1-18.5-9.8, or authorized under I.C. 6-3.5-7-13.1 (b) (2) (A), contract payments to a nonprofit corporation whose primary corporate purpose is to assist government in planning and implementing economic development projects authorized under I.C. 6-3.5-7-13.1 (b) (2) (D), or operating expenses of a governmental entity that plans or implements economic development projects authorized under I.C. 6-3.5-7-13.1 (b) (2) (E), or for any lawful purpose for which money in any of the County’s other funds may be used as authorized under I.C. 6-3.5-7-13.1 (3), or any combination of these uses.

NOW, THEREFORE, the County of White hereby states that revenues received from economic development income taxes shall be deposited in the County’s Economic Development Income Tax Fund and that revenues may be used as follows:

A. For economic development projects, for paying notwithstanding any other law under a written agreement all or a part of a loan and interest on a loan extended by a financial institution or other lender, if the proceeds of the loan are or are to be used to finance an economic development project.

B. For:

(1) The construction or acquisition of, or remedial action with respect to, a capital project for which the unit is empowered to issue general obligation bonds or establish a fund under any statute listed in I.C. 6-1.1-18.5-9.8;

(2) The retirement of bonds issued under any provision of Indiana law for a capital project;

(3) The payment of lease rentals under any statute for a capital project;

(4) Contract payments to a nonprofit corporation whose primary corporate purpose is to assist government in planning and implementing economic development projects;

(5) Operating expenses of a governmental entity that plans or implements economic development projects;

(6) Funding substance removal or remedial action in a designated unit;

(7) Funding a revolving fund established under I.C. 5-1-14-14; or

(8) Any lawful purpose for which money in any of the County of White’s other funds may be used.

C. That said funds shall include the following capital projects which are hereby determined by the County of White:

(1) Identification of general description of each project funded by the County economic development income tax:

(a) Funding of health insurance claims and premiums as needed

(b) Funding economic development agencies

(c) Funding of Post-Secondary Education Programs

(d) Any lawful purpose as determined by the White County Board of Commissioners

(2) Estimated cost of each project:

(a) Funding of health insurance claims and premiums as needed - $300,000

(b) Funding economic development agencies - $240,000

(c) Funding post-secondary education programs - $100,000

(d) Any lawful purpose as determined by the White County Board of Commissioners - $360,000

(3) Sources of funds expected to be used for each project:

(a) Insurance

Funded with LIT EDIT distributions, employee contributions and other funds

(b) Economic development agencies

Funded with LIT EDIT distributions

(c) Post-Secondary Education Programs

Funded with LIT EDIT distributions

(d) Any other purpose

Funded with LIT EDIT distributions and other funds

(4) The planning, development and construction schedule of each project:

(a) Insurance

Calendar years 2020, 2021 and 2022 funding

(b) Economic development agencies

Calendar years 2020, 2021 and 2022 funding

(c) Any other purpose

Calendar years 2020, 2021 and 2022 funding

There is no further business to come before the joint meeting; the Council adjourned to their session.

2021 County Calendar

· Commissioner Burton made a motion to approve the 2021 County Calendar for the Meetings, Payroll, Claims, and Holidays 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