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BE IT REMEBERED, that the White County Commissioner held a regular meeting on Monday, April 6, 2009, in the White County Building, 2nd floor, Commissioners’ conference room.

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

Commissioner Heimlich called the meeting to order.


  • Commissioner Schmierer made a motion to approve the minutes as presented for the regular meeting on March 16, 2009, seconded by Commissioner Burton. Vote: Unanimous


  • Commissioner Burton made a motion to approve the payroll as presented for March 22, 2009, seconded by Commissioner Schmierer. Vote: Unanimous


  • Commissioner Schmierer made a motion to approve and pay the claims as advertised for April 4, 2009, seconded by Commissioner Burton. Vote: Unanimous


Don Ward, County Engineer, appeared before the commissioners about the funding of Tioga Bridge.

Mr. Ward said that plans for the rehabilitation of the Tioga Bridge are 95% completed. A contract was signed by White County Commissioners, Carroll County Commissioners, and Barker Engineering on November 19, 2007, for $10,000, appropriated from SFLECC, to investigate the availability of Federal Aid matching funds to raise the bridge. He said that Barker Engineering has now proposed $44,000 to draw up engineering plans to raise the bridge, which would require an additional $34,000.

Mr. Ward reported that the county currently has $300,000 budgeted for Tioga Bridge for 2009. To his knowledge, Carroll County has not contributed any funds to this project at this time.

The original contract signed on April 3, 2000, by White County Commissioners and Barker Engineering was for $64,750, which covered the preliminary designs. The funds spent to date on preliminary engineering by White County are now at $58,510.

The estimated rehabilitation cost, which includes the 10%-15% contingency fee, is $664,000, the cost of raising the bridge is estimated at $300,000, and construction engineering will cost $100,000. The total cost for the rehabilitation and raising the bridge is estimated at $1 million.

Mr. Ward said that the stimulus money should pay for this project.

Commissioner Schmierer asked why we are even considering all of this because Carroll County hasn’t put any funds forward. He said that he wasn’t for sure if he wanted to move forward with this anymore.

Commissioner Heimlich said the Carroll County Commissioners have signed an agreement to pay their 40% but the Carroll County Council has refused to appropriate the funds.

Don Ward recommended White County approaching Carroll County to find out if they are going to go ahead with this project. If they don’t want to go ahead, then White county needs to determine if they are going to pay for the whole project or drop the project.

Commissioner Heimlich said that we would put this on the agenda for the next joint meeting and contact Carroll County to see what their intentions are. Mr. Ward said that he would look the grant up to see what the status is.


White County Assessor Lisa Downey appeared before the commissioners presenting contracts for New Construction, Trending, and 2011 General Reassessment. This was discussed at the last commissioners’ meeting but tabled because they had questions.

The first contract for Trending and New Construction/Commercial and Industrial is from Tyler Technologies. The new construction for commercial and industrial contract will be for 85 parcels for the assessment year 2009 pay 2010 at the rate of $100 per parcel. The trending option will be $1.32 per parcel for 21,565 parcels in White County.

The second contract for the 2011 General Reassessment is from Tyler Technologies for $427,245.

Assessor Downey introduced Mark Folkerts, from Tyler Technologies and Barry Wood from the Department of Local Government and Finance to answer any of their questions.

Commissioner Schmierer asked Mark from Tyler Technologies why they are proposing in their contract to charge $600 per day to defend their work at an appeals hearing. He asked how many thousands of dollars were spent last year for them to sit on the Property Tax Assessment Board of Appeals to defend their work plus all the money it cost the county to hire them to do the assessment.

Mr. Mark said that they do write their contracts on a period of days or hours to support the value that they do. He said that they do put in some days to allow hearings. He explained that many of the times they are not necessarily defending their work but mostly informing the public and helping them understand how they did come up with the value.

Assessor Downey said that they did have 600 appeals this year and 110 of them went before the PTABOA board. She also said that they do have to take those assessments and send them in to the DLGF for the final approval.

Barry Wood, Assessments Division/DLGF, explained how they determine if assessments are done accurately throughout the county. There are red flags that do go off that they do look at and contact the assessors if there are issues. He explained that this is a mass appraisal business where they are asked to do the work and defend their work. He pointed out that this contract is common in almost every county throughout the state.

Mr. Mark said that the commissioners are welcome to go to the DLGF website and look at other counties contracts for this service. On the site, you will see the $600 per day rate is one of the lowest because they do go up to $1,000 per day.

Assessor Downey said that many of their appeals are lake properties where this is a second home for someone and they don’t qualify for any deductions. They just want cheaper property taxes.

Commissioner Schmierer told Tyler Technologies to come back with a proposal negotiating the over charge of the $600 per day. He said to either put a limit on it or put a cap on the number of days.

Mr. Mark asked if the commissioners could go ahead and approve the contracts now because the timeliness of trying to get this work started could effect the trending. He said that he couldn’t go over the number of contracted days anyways without the assessor’s approval. In the meantime, he said that he would write up an addendum negotiating the overages.

  • Commissioner Schmierer made a motion to approve the contracts for New Construction/Commercial, Trending, and General Reassessment contingent to time limits being put on hours and dollar amounts paid per day for appeal time, seconded by Commissioner Burton. Vote: Unanimous


Commissioner Heimlich said that Gordy Cochran has agreed to serve on this board.

  • Commissioner Burton made a motion to appoint Gordy Cochran to serve on the District Planning Council for Indiana Homeland Security District 4, seconded by Commissioner Schmierer. Vote: Unanimous


White County Attorney George Loy said that he was asked by Judge Thacker, Circuit Court, attended a hearing on April 3, 2009, concerning the creation of the Indiana Beach Conservancy District.

Attorney David Hollenbeck from Valparaiso, representing the petitioners, said that the conservancy district will include the Indiana Beach facility, the Untalulti area and a few adjoining properties. He said this would convert a privately owned Indiana Beach collection system and plant to a functioning unit of local government providing sewage service to these members.

Attorney Loy said that all parties are very pleased with the final decision. The three new board of directors will be initially appointed by the county commissioners serving staggered terms and any new directors elected in the future will be by the members of the conservancy district.

  • Commissioner Burton made a motion to appoint Ken Biddle, Untalulti Resident, until 2012, John Collins, Indiana Beach representative, until 2011, and Tom Spackman, Indiana Beach representative, until 2010, seconded by Commissioner Burton. Vote: Unanimous


White County Attorney George Loy presented a Subordination Agreement for the 6th Street project. It pertains to the relocation of NIPSCO gas lines between Rickey Road and US 24.

INDOT requires the two documents, Subordination Agreement and Reimbursement Agreement, be approved, and submitted.

The Reimbursement document states that NIPSCO will be reimbursed for the cost required to move the gas lines. Attorney Loy said that the total cost to NIPSCO would be $94,774 which will be reimbursed with federal funding.

  • Commissioner Schmierer made a motion to approve the NIPSCO Utility Reimbursement Agreement and Subordination Agreement for the 6th Street Project, seconded by Commissioner Burton. Vote: Unanimous


Council & Aging Director Gale Spry said that there is stimulus money available for Public Transit. For White County, there is $164,593 available that has to be used for capital expenses only, not operating. Since the vehicles have a useful life of only four years (or 100,000 miles), she has four vehicles that could be replaced.

Gale asked permission to complete the application under the County Commissioners name to apply for the stimulus money to purchase three new vans. She did point out that there will be no match money needed for this.

  • Commissioner Schmierer made a motion to allow Council & Aging to apply for stimulus money for White County for the purchase of new vehicles, seconded by Commissioner Burton. Vote: Unanimous

RESOLUTION NO. 09-04-06-01

Resolution authorizing the filing of an application for a grant under Section 5311 of the Federal Transit Act, as amended.

WHEREAS, the U.S. Department of Transportation is authorized to make grants to states through the Federal Transit Administration (FTA) to support capital, operating and feasibility study assistance projects for nonurbanized public transportation systems under Section 5311 of the FTA Act of 1964,as amended;

WHEREAS, the Public Transit Section, Indiana Department of Transportation (INDOT) has been designated by the Governor to make Section 5311 grants for public transportation projects;

WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs;


  1. That White County Council on Aging is authorized to execute and file an application on behalf of White County Commissioners with the INDOT to aid in the financing of transit assistance projects pursuant to Section 5311 of the Federal Transit Act, as amended.

  1. That White County Council on Aging is authorized to furnish such additional information as INDOT may require in connection with the application.

  1. That White County Council on Aging is authorized to execute grant contract agreements on behalf of White County Commissioners.

GIS Data Information

Eric Storm, County IT, said that Horizon Wind did contact Manatron requesting conversion data from White County. Horizon Wind is going to pay for the conversion of information but Manatron will need a letter from the commissioners making this authorization. PERMISSION GRANTED


White County E-911 Director Terri Conwell said that the E-911 Board did make a recommendation for the quotes that were submitted for the new 911 consoles. The board’s recommendation was to purchase the consoles from Advanced Cabinet Systems for $32,000.

  • Commissioner Schmierer made a motion to purchase new consoles for $32,000 from Advanced Cabinet Systems, seconded by Commissioner Burton. Vote: Unanimous


Connie Neininger, Economic Development Director, presented a proposal to the commissioners for the following:

IT Room: $5,430.00

Install one (1) Mitsubishi wall hung mini-split unit. Condenser to be located on roof. Evaporator to be located in IT room on wall as high as possible. Condensate shall drain in mop sink at janitorial closet. Michiana Contracting shall cut and patch roof at roof penetration.

Electric Fin Tube Radiation Unit: $989.00

Furnish and install in Room 102, a new electric fin tube radiation unit on the north wall similar to EFT-1 as scheduled in the original documents. Unit to have integral thermostat and disconnect. An existing duplex receipt located on the north wall will be eliminated and a blank cover will be placed over the box.

  • Commissioner Burton made a motion to approve the proposal from Michiana Contracting for the IT Room and Electric Fin Tube Radiation Unit for a total of $6,419, seconded by Commissioner Schmierer. 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