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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, March 1, 2010, at the White County Building, Commissioners conference room, 2nd floor, beginning at 8:00 a.m.

Commissioners present were: President John C. Heimlich, Vice President Steve Burton, and Commissioner Ron Schmierer. Also present was the White County Auditor Jill Guingrich, County Attorney George Loy and the Commissioners Secretary Donya Tirpak.

MINUTES

  • Commissioner Burton made a motion to approve the minutes from the regular meeting held on February 16, 2010, as presented, seconded by Commissioner Schmierer. Vote: Unanimous

PAYROLL

  • Commissioner Burton made a motion to approve the payroll as presented, seconded by Commissioner Schmierer. Vote: Unanimous

CLAIMS

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

COUNTY BRIDGE #229 – MOOTS CREEK

Don Ward, Engineer, discussed a letter sent to the Highway Department from IDEM saying that the National Wetland Inventory (NWI) maps and the site photos submitted with our application for replacing County Bridge #229, CR 1050 South over Moots Creek, indicated that wetlands may be present within our project right-of-way.

IDEM is telling us that before replacing the existing bridge with a larger one, we need to perform wetland delineation for the right-of-way. If there is a wetland, we’ll have to see if they will let us fill it in or correct the problem some other way. Mr. Ward said that he has contacted some companies to see if they can do the work and the prices are coming in around $2,600.

Mr. Ward presented an addendum to the original contract to pay Alt & Witzig Engineering,Inc., and Mr. Ward for any additional work. He said that the total project could be $5,000 or more depending if there is a wetland or not.

The Commissioners asked Mr. Ward to write up the addendum that includes a maximum amount, not to exceed, and they will have the county’s attorney look it over.

VOGEL AUCTIONS – PHIL VOGEL

Phil Vogel, Vogel Auctions, appeared to discuss selling the personal property at Lakeview Home and the selling of Lakeview Home.

Mr. Vogel recommends having an auction to sell the personal property (furniture, computer equipment, and other misc. items) on May 8, 2010.

Commissioner Schmierer said that the Commissioners have decided to allow 20% commission on the personal property items and the county will pay for the advertising.

  • Commissioner Schmierer made a motion to hire Vogel Auctions to sell the personal property making a 20% commission on Saturday, May 8, 2010, and that the county will pay for the advertising as well, seconded by Commissioner Burton. Vote: Unanimous

Commissioner Schmierer said that he had also negotiated with Greg Vogel, Vogel Real Estate, 4% on the real estate for Lakeview Home and the county will pay for the advertising. He will work with Mr. Vogel to place the advertisement in other areas besides the local newspapers.

Commissioner Schmierer said that he has talked this over with the county attorney but he is still unsure if there is a resolution or something needed from the Council to sell the home. He said that he wants to do all of this the third or fourth week in July 2010.

Commissioner Heimlich suggested that they review the proper procedures to dispose of county real estate. Commissioner Schmierer said that this is his intentions but the contract can be signed at a later date.

Commissioner Heimlich said that he spoke with Julie Gutwein, President of the White County Historical Society, about the historical register for Lakeview Home. She mentioned to him that the first hurdle to have the home listed is a big one and the process will take four to five months. Commissioner Heimlich said that this may or may not affect the sale, depending on whether or not the buyer wishes to take advantage of the tax breaks with the historical register.

AREA PLAN

White County Area Plan Director, Joe Rogers, said that he has Petition #9-81 for Northgate-Thayer Aggregates, LLC, to rezone a 100-acre parcel tract from an A-1 to an I-2 for the purpose of qualifying for a special exception use permit to operate a stone quarry. The APC heard this request on February 18, 2010, and voted to forward this rezoning request to the Commissioners with no recommendation with a vote of 5 yes and 5 no.

Mr. Rogers did say that during the APC meeting held on February 18, 2010, there were residents present that opposed and supported the rezoning request. Mr. Rogers asked the Commissioners to make an action today on the resolution presented.

White County Attorney George Loy asked Mr. Rogers if he did receive a copy of the letter dated February 25, 2010, withdrawing the application. Mr. Rogers said that he did receive a copy of the letter withdrawing the application.

Attorney Loy said that, in his opinion, there is no need for the Commissioners to act on a decision today since the application has been withdrawn. He said that the petitioner has the right to withdraw a petition prior to a determination not being made.

Attorney Loy said that the Commissioners do have 90 days from the date of submission to act upon submission. He recommended tabling their discussion today for future action.

Joseph Bumbleburg, Attorney representing a nearby neighbor, Dick Bennett, said that he has been involved with this since the petition was filed. Mr. Bumbleburg said that he is co-council with Ice Miller from Indianapolis and requested if the Commissioners would let Mr. Timothy Ochs speak about the petition.

Mr. Ochs, Attorney with Ice Miller, said that there is an issue with not knowing what the actual recommendation is from the APC because of the vote being 5 yes and 5 no. Mr. Ochs suggested sending the recommendation back to the APC and asking them to make, by majority vote, a decision of “no recommendation.” In other words, they would make a favorable recommendation, unfavorable recommendation, or no recommendation. He feels that the APC has failed to make a recommendation. Mr. Ochs also suggested to the Commissioners to move forward with this so they don’t lose control of a mining operation.

Mr. Ochs also stated that the Commissioners do have 90-days to act after a certification and he felt that a certification has not yet occurred.

Dowl Dellinger, Attorney representing Northgate Aggregates, said that he did provide 3-4 cases to Attorney Loy where there weren’t any recommendations given to the county government and the petitioners had the right to withdraw their application. Once again, Mr. Dellinger verified that his clients have withdrawn their petition.

  • Commissioner Schmierer made a motion to table Petition #9-81 for Northgate-Thayer Aggregates, LLC, seconded by Commissioner Burton. Vote: Unanimous

HIGHWAY DEPARTMENT

White County Highway Superintendent, Steve Brooke, asked the Commissioners to enact the frost law effective February 1, 2010, to May 1, 2010.

  • Commissioner Schmierer made a motion to enact the Frost Law for White County effective February 1, 2010 until May 1, 2010, seconded by Commissioner Burton. Vote: Unanimous

FROST LAW

BE IT ORDAINED AND ENACTED by the Board of Commissioners of White County, Indiana, as follows:

WHEREAS, Indiana code (1971) 9-4-1-125 reserves to the counties the authority to regulate the use of highways and roadways under the supervision of various counties, such regulations include the power to impose weight restrictions or the weight of vehicles to be operated on said highways and roadways; and

WHEREAS, the Commissioners of White County believe it is in the public interest of the citizens of White County to regulate the weight of vehicles operated or operating on the highways and roadways under the control of White County, Indiana; and,

WHEREAS, the regulation of the weight of vehicles within areas of White County is reserved and within the authority of the Commissioners of White County, Indiana.

NOW, THEREFORE, BE IT ENACTED BY THE BOARD OF COMMISSIONERS OF WHITE COUNTY, STATE OF INDIANA, THAT:

1. That it shall be unlawful to operate a vehicle in excess of 16,000 pounds on the roadways within White County, Indiana between the dates of February 1 and May 1, where as a said highways and roadways are posted to prohibit overweight vehicles.

2. The White County Highway Department, by its supervisor has the power to permit the operation of overweight vehicles by special written exception.

3. Every person convicted of a violation of any provision of this ordinance shall be punished by fine of not more than Five Hundred Dollars ($500.00), and the costs of repair of highways or roadways damaged by the operation of overweight vehicles shall be assessed against the violator.

4. The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part of this ordinance.

5. Passed and adopted by the County Commissioners of White County, State of Indiana, this 3rd day of February 1986.

ASSESSOR

White County Assessor, Lisa Downey, appeared before the Commissioners requesting approval on three contracts.

2010 New Construction Commercial -Tyler Technologies was awarded the contract last year and Mrs. Downey would like to continue using their services for 2010. The cost of the contract last year was $8,500 and the cost for 2010 has dropped to $4,500.

2010 New Construction Residential – Mrs. Downey said that she would like to grant the contract to Tyler Technologies for 2010 because they were within $100 of Indiana Assessment Service. The cost for the 2010 contract is $10,500.

Trending/Equalization Contract – Tyler Technologies performed this service last year and she would like to continue their contract for 2010. The cost for 2010 is $28,000 compared to $28,400 to last year.

  • Commissioner Schmierer made a motion to approve the contracts with Tyler Technologies for the 2010 New Construction Commercial, 2010 New Construction Residential, and Trending Equalization, seconded by Commissioner Burton. Vote: Unanimous

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

________________________ _________________________ _______________________

John C. Heimlich, President Steve Burton, Vice President Ronald Schmierer, Member

ATTEST: _________________________

Jill Guingrich, Auditor