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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on June 7, 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.

Commissioner Heimlich called the meeting to order.


  • Commissioner Burton made a motion to approve the minutes as presented for the regular meeting on May 17, 2010, seconded by Commissioner Schmierer. Vote: Unanimous


  • Commissioner Schmierer made a motion to approve and pay the payroll as presented for June7, 2010, seconded by Commissioner Burton. Vote: Unanimous


  • Commissioner Burton made a motion to approve and pay the claims as presented for June 7, 2010, seconded by Commissioner Schmierer. Vote: Unanimous


White County Highway Superintendent Steve Brooke was informed at his last convention that the FCC (Federal Communication Commission) will be phasing out the 800 frequency radios and going digital. Eventually, he will have to replace all of the 35 to 40 radios that he has. He is not aware of any State funding to be available for this.


Don Ward, Don Ward Engineering, said that when he was working on the rehabilitation of Bridge #229 he decided to run a cost estimate on a new structure that would be the same size of the existing structure. When he did this, he said he was really surprised that the totals were so close to the same. The estimate for the new structure is $335,000, $260,000 of that will be for the bridge. His cost estimate for the rehabilitation of the old bridge is $235,000, which is only a $25,000. The new bridge would be 29 ½’ wide and the rehabilitated bridge would be 32’ wide. With this being at the edge of town you would still have a shoulder on the bridge of 4 ½’ after we have a 10’ lane. He said that the pavement on the Brookston side is about 19’ wide and the pavement on the county side is 18’ wide.

Mr. Ward said that even if the cost was $50,000 difference it would still be worth it to the county to put in a new bridge.

Mr. Ward presented Addendum No.3 which says that the county will do away with the rehabilitation of Bridge #229 and go with building a new bridge that will be the same size as the existing bridge. The rest of Addendum No. 2 will also stay in place.

  • Commissioner Burton made a motion accept Addendum No. 3 stating that the county will now build a new bridge the same size of the current bridge instead of rehabilitating Bridge 229 and also keeping the rest of Addendum No. 2 in place, seconded by Commissioner Schmierer. Vote: Unanimous


EMA Director, Rose Brady, presented a Multi-Hazard Mitigation Plan for White County to be approved.

Mrs. Brady said that State, Indian Tribal, and local governments are required to develop a hazard mitigation plan as a condition for receiving certain types of non-emergency disaster assistance, including funding for mitigation projects. It’s also a requirement to have this if we want to be covered in the National Flood Insurance program.

Mrs. Brady said that she has received approval from all of the towns except for Burnettsville.

  • Commissioner Schmierer made a motion to approve Resolution #10-06-07-01, adopting the White County Multi-Hazard Mitigation plan as accepted, seconded by Commissioner Burton. Vote: Unanimous

Resolution #10-06-07-01


WHEREAS, White County recognizes the threat that natural hazards pose to people and property; and

WHEREAS, undertaking hazard mitigation actions before disasters occur will reduce the potential for harm to people and property and save taxpayer dollars; and

WHEREAS, an adopted multi-hazard mitigation plan is required as a condition of future grant funding for mitigation projects; and

WHEREAS, White County participated jointly in the planning process with the other local units of government within the County to prepare a Multi-Hazard Mitigation Plan;

BE IT FURTHER RESOLVED that the White County Emergency Management Agency will submit on behalf of the participating municipalities the adopted Multi-Hazard Mitigation Plan to the Indiana Department of Homeland Security and the Federal Emergency Management Agency for final review and approval.


Commissioner John Heimlich announced that Board member Larry Dunn has passed away and a replacement needs to be appointed on the Twin Lakes Regional Sewer District Board. The Commissioners will advertise for the open position and request letters of interest from the public until July 2, 2010.


Anna Kimberly, Director, said that the organization has heard rumors that the Commissioners are upset with them on the way the facility is accepting stray animals. She wanted to come before the Commissioners to clear things up.

The Commissioners said that they haven’t made any complaints nor have they received any on Happy Tails. They felt that everything was running fine.


Commissioner Heimlich discussed that at the last meeting they had decided not to act on the Northgate-Thayer Aggregates petition, but they were going to try to get the limitations that they wanted through an agreed judgment through court.

White County Attorney George Loy reiterated that Northgate-Thayer wants to construct a quarry on State Road 16, near Monon. He discussed how the White County Zoning Ordinance requires all quarries to be rezoned, and in an effort to do so, Northgate-Thayer filed a rezoning request for the property. When this was done, opposition arose and as a result they have withdrawn their petition. Northgate-Thayer is now saying that under Indiana law, regulation of a quarry in a non-urban area, they need no rezoning petition to be approved. Attorney Loy said that through all of this there is now a “legal limbo” going on. As a result the APC has filed an objection to the Air Quality Permit to IDEM based upon the lack of zoning.

Attorney Loy said that in an effort to resolve all of the issues, the County has been trying to make negotiations with Northgate-Thayer. In exchange for our withdrawal of the objections to the Air Quality Permit with IDEM, the County has asked, and demanded, as many conditions and requirements of Northgate-Thayer. Northgate-Thayer has agreed to a number of requests:

(a) Berms/Fencing – Berms will surround the perimeter of the Property for the life of the quarry. Berms along East State Road 16 and 700 feet north of the raod shall be not less than 12 feet in height. The berm fronting on East State Road will be planted with trees not less than 6 feet tall and planted with grass. Berms will be comprised of four to six feet of overburden on the site and will be graded to 3:1 slopes and planted with vegetation. Fencing and/or gates will be installed around the perimeter of the property as Plaintiffs deem necessary and appropriate.

(b) Setbacks- Mining and crushing activities will not extend within 50 feet of the property boundaries and 300 feet from the East State Road 16 right-of-way.

(c) Landscaped Entrance – The quarry entrance ill be located only along East State Road 16. The entrance will be marked by a sign and lighted. The entire drive will be paved and bordered by mowed grass and evergreens.

(d) Traffic/Road Improvements – Prior to creating a drive entry to the quarry, the Plaintiffs will obtain a driveway permit from the Indiana Department of Transportation, which will require that any needed improvements to East State Road 16 be complete prior to the commercial use of the driveway.

(e) Blasting – Blasting services will be provided by licensed and experienced blasters. Shots will be monitored by seismographs at various offsite locations to measure ground vibration, and adjustments will be made as necessary to reduce excessive ground vibration. Blasting will be scheduled weekdays during daylight hours between the hours of 9:00 a.m. and 4:00 p.m.

(f) Stormwater – The storm water drainage plan has been developed by the Plaintiffs and has been approved by the White County Drainage Board on Monday, May 17, 2010. The drainage plan improvements shall be constructed and maintained prior to commencing commercial usage of the property in accordance with all Indiana Department of Environmental Management regulations. (Said plan is attached hereto as Exhibit A.) Furthermore, all required Indiana Department of Environmental Management permits/approvals for land disturbance and handling and discharge of onsite water shall be obtained prior to land disturbance and water discharge activities, as applicable.

(g) Dust Suppression – Plaintiffs shall utilize commercially reasonable dust suppression techniques to minimize dust arising from mine haul routes and ramps. Plaintiffs shall keep the entrance in a clean and sightly manner in such a way as to reduce dust and debris from leaving the property. Plaintiffs shall utilize sweeping or water application or a combination thereof to reduce the impact on the quarry’s neighboring properties.

(h) Neighboring Wells – Plaintiffs agree that should any well within 3,000 feet of the property go dry as a result of the quarry operation, the Plaintiffs will, at its sole cost, replace such well to a greater depth and/or take such other action as necessary to rectify the situation.

(i) Reclamation – The site will be reclaimed substantially in accordance with the Reclamation Plan attached as Exhibit B and in accordance with the Indiana Mineral Aggregates Association – Environmental Stewardship Council standards as revised from time to time.

(j) The owners of real estate situated within 3,000 feet of the property shall be entitled to enforce the conditions set forth herein Paragraph 3 in addition to any private rights held by said property owners.

Attorney Loy said that if these conditions are approved by the Commissioners and the Area Plan Commission it will be reduced to an agreed judgment, which will be entered in the White County Circuit Court and recorded in the Recorders office.

Commissioner Heimlich asked if there were any questions at this time from the public.

Carolyn Sollars, 1782 E.900 N., asked where the 3,000 feet came from. Commissioner Heimlich said that the proposed distance from Northgate was ½ mile but the Commissioners wanted to make sure that the other two properties were included as well. She also asked if it would be possible for her to contact someone at the state level and ask for them to remove the antiquated “right to mine” act, which was basically established for the coal mine industry. Attorney Loy said that he didn’t think that the Indiana Legislator could amend this law.

Janene Crawford, adjacent to the property, asked how she would go about addressing problems with her well once they arrive. Should she contact the county or the quarry? Attorney Loy explained in detail that she would contact the quarry and if she doesn’t have any luck, to contact the Commissioners office.

  • Commissioner Schmierer made a motion to approve the agreed judgment terms with Northgate-Thayer Aggregate, LLC, 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