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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, May 18, 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 Commissioners’ Secretary Donya Tirpak.

Commissioner Heimlich called the meeting to order.

MINUTES

  • Commissioner Schmierer made a motion to approve the minutes as presented for the regular meeting on May 4, 2009, seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

  • Commissioner Burton made a motion to approve the payroll as presented for May 18, 2009, seconded by Commissioner Schmierer. Vote: Unanimous

HIGHWAY DEPT.

White County Highway Superintendent Steve Brooke presented a letter to the commissioners’ requesting approval to have Keramida come to the Highway Dept. and do a site survey. They will complete a Further Site Investigation from January 31, 2008. The cost for the site survey will be $17,028. PERMISSION GRANTED

BRIDGE 88 & 89

White County Highway Superintendent Steve Brooke reported that Bridges #88 & #89 on East Shafer Drive did not receive approval for Federal Aid Bridge funds. This is the third time (2005, 2008, and 2009) that they have been submitted for rehabilitation funding.

AREA PLAN

White County Area Plan Assistant Gayle Rogers presented the following to the Commissioners.

Rezoning Petition #974

Theodore J. & Gretchen A. Leuenberger are requesting to rezone .328 of an acre from an R-5 (Rural One and Two Family Residence) to an L-1 (Lake District). The property is located at 4900 N. Boxman Place, Monticello.

Mrs. Rogers said that this property is currently an R-5, which is now obsolete with the new ordinance, and the L-1 zoning will bring it into compliance.

A public hearing was held on May 11, 2009, and the APC voted to recommend this amendment to the Commissioners by a vote of 6 yes and 0 no.

Commissioner Heimlich asked if there was anyone present to speak about this request. No response.

  • Commissioner Schmierer made a motion to approve Rezoning Petition #974 (Ordinance No. 547-09) from an R-5 to an L-1 for Theodore J. & Gretchen A. Leuenberger for property located at 4900 N. Boxman Place, Monticello, seconded by Commissioner Burton. Vote: Unanimous

Rezoning Petition # 975

Edmond T. & Margaret L. Fain are requesting to rezone their property from an A-1 (General Agriculture) to an L-1 (Lake District). The property is located on Lake Freeman at 4788 S. Forest Hill Court, Monticello.

Mrs. Rogers said that rezoning this property to an L-1 brings the parcel into conformance with the intention and direction of the current ordinance. She also said that there are three parcels, two of them were too small to build on, and one of them was land locked.

A public hearing was held on May 11, 2009, and the APC voted to recommend this amendment to the Commissioners by a vote of 6 yes and 0 no.

Commissioner Heimlich asked if there was anyone present to speak about this request. No response.

  • Commissioner Schmierer made a motion to approve Rezoning Petition # 975 (Ordinance No. 548-09) from an A-1 to an L-1 for Edmond T. & Margaret L. Fain for property located at 4788 S. Forest Hill Court, Monticello, seconded by Commissioner Burton. Vote: Unanimous

Amendment ~ Chapter 14

Mrs. Rogers presented an amendment to the commissioners’ for Chapter 14 in the White County Zoning Ordinance. A public hearing was held by the Area Plan Commission on May 11, 2009.

The current readings are:

Chapter 14: Definitions,

Subchapter 14.2 Words & Phrases Defined

LOT LINE, FRONT – A line separating a lot from a street. Any lot line, which abuts a street, shall be considered a front lot line.

Amendments proposed:

Chapter 14; Definitions,

Subchapter 14.2 Words & Phrases Defined

LOT LINE, FRONT – A line separating a lot from a street. Any lot line, which abuts a street, shall be considered a front lot line; provided, however, for lots located in a lake or river area, the only front lot lines for the lot shall be the lot lines marking the boundary between the lot and the lake or river area. Lake or river area shall be determined at the discretion of the Executive Director.

The Area Plan Commission voted to recommend the Chapter 14 amendment to the Commissioners by a vote of 6 yes and 0 no.

Commissioner Heimlich asked if there was anyone present wanting to speak about the amendment. There was no response.

  • Commissioner Burton made a motion to approve Ordinance No. 09-05-18-02 amending the Zoning Ordinance of White County for the definition of a Lot Line, Front, in Chapter 14, seconded by Commissioner Schmierer. Vote: Unanimous

AMENDMENT

TO THE ZONING ORDINANCE OF

WHITE COUNTY

STATE OF INDIANA

ORDINANCE NO. 09-05-18-02

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 May 11, 2009, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana on or before the 1st day of May, 2009 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 a 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;

WHEREAS, the legislative body recognizes that certain land uses, by their very nature, require restricted size of signage. Because the restrictions are a necessary aspect of zoning use to the public, it is deemed that such restrictions on signage are not detrimental to the public safety and welfare.

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 LEGISLATIVE BODY OF WHITE COUNTY, INDIANA:

AMENDING CHAPTER 14: Subchapter 14.2 Words & Phrases Defined

The definition for “Lot Line, Front” shall be changed and revised to read in its entirety as follows:

LOT LINE, FRONT – A line separating a lot from a street. Any lot line, which abuts a street, shall be considered a front lot line; provided, however, for lots located in a lake or river area, the only front lot lines for the lot shall be the lot lines marking the boundary between the lot and the lake or river area. Lake or river area shall be determined at the discretion of the Executive Director.

THIS ORDINANCE TAKES EFFECT UPON PASSAGE.

Amendment – Chapter 4

Mrs. Rogers presented an amendment to Chapter 4 in the White County Zoning Ordinance. The Board of Zoning held a Public Hearing on May 11, 2009, on the proposed amendment.

The current readings are:

Chapter 4: Use Classifications and Provisions

Subchapter 4.5 Nonconforming Uses and Structures

Sub-subchapter 4.5.7 Nonconforming Districts

A. F-1 Flood Plain District

This district was provided to protect areas that are prone to flooding. The C-1 Conservation District, including the development standards and permitted uses, is the most similar to the former F-1 District. Under this Ordinance, permitted uses in F-1 Flood Plain District will be replaced by uses permitted, either by right or by special exception, in a C-1 Conservation District, as prescribed by Appendix A, Official Schedule of Uses.

B. R-5 Rural One and Two-Family Residential District

This district was provided for the development of one and two-family residential dwellings. The RR Rural Residential District, including the development standards and permitted uses, is the most similar to the former R-5 District. Under this Ordinance, permitted uses in R-5 Residence District will be replaced with uses permitted, either by right or by special exception, in a RR Rural Residential District as prescribed by Appendix A, Official Schedule of Uses.

C. R-6 Rural Multi-Family Residential District

This district was provided for the development of multi-family residences in rural areas. The R-3 Multi-Family Residential District, including the development standards and permitted uses, is the most similar to the former R-6 District. Under this Ordinance, permitted uses in R-6 Residence District will be replaced with uses permitted, either by right or by special exception, in an R-3 Residential District, as prescribed by Appendix A, Official Schedule of Uses.

Amendments proposed:

Chapter 4: Use Classifications and Provisions

Subchapter 4.5 Nonconforming Uses and Structures

Sub-chapter 4.5.7 Nonconforming Districts

Paragraphs A, B, and C shall be revised and changed in their entirety to read as follows:

  1. The F-1 District was provided to protect areas that are prone to flooding. The Conservation and Flood Plain Overlay District, including the permitted uses and development standards for a C-1 District set forth in Appendices A and B respectively, is the most similar to the former F-1 District. Under this Ordinance, permitted uses in F-1 Flood District will be replaced by uses permitted, either by right or special exception, in a C-1 District, as prescribed by Appendix A, Official Schedule of Uses.

  1. The R-5 District was provided for the development of one and two-family residential dwellings. The L-1 Lake District and the R-2 Single and Two-Family Residential District, including the development standards and permitted uses for these Districts set forth in Appendices A and B respectively, is the most similar to the former R-5 District. Under this Ordinance, permitted uses in the R-5 District will be replaced with uses permitted, either by right or by special exception, in an L-1 District, as prescribed by Appendix A, Official Schedule of Uses, if the lot abuts a lake or river area. For lots that do not abut a lake or river area, the uses permitted in the R-5 District will be replaced with uses permitted, either by right or by special exception, in an R-2 District, as prescribed by Appendix A, Official Schedule of Uses.

  1. The R-6 District was provided for the development of multi-family residences in rural areas. The R-4 Mobile Home and Manufactured Home Park Residential District, including the development standards and permitted uses for the R-4 District set forth in Appendices A and B respectively, is the most similar to the former R-6 District. Under this Ordinance, permitted uses in the R-6 District will be replaced with uses permitted, either by right or by special exception, in an R-4 Mobile Home and Manufactured Home Park Residential District as prescribed by Appendix A, Official Schedule of Uses.

The Area Plan Commission voted to recommend the Chapter 4 amendments to the commissioners by a vote of 6 yes and 0 no.

Commissioner Heimlich asked if there was anyone present to speak about this request. There was no response from the public.

  • Commissioner Schmierer made a motion to accept Ordinance #09-05-18-03 amending Chapter 4 in the White County Zoning Ordinance as presented, seconded by Commissioner Burton. Vote: Unanimous

AMENDMENT

TO THE ZONING ORDINANCE OF

WHITE COUNTY

STATE OF INDIANA

ORDINANCE NO. 09-05-18-03

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 May 11, 2009, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana on or before the 1st day of May, 2009 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 a 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;

WHEREAS, the legislative body recognizes that certain land uses, by their very nature, require restricted size of signage. Because the restrictions are a necessary aspect of zoning use to the public, it is deemed that such restrictions on signage are not detrimental to the public safety and welfare.

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 LEGISLATIVE BODY OF WHITE COUNTY, INDIANA:

AMENDING CHAPTER 4: Subchapter 4.5, Sub-subchapter 4.5.7 Nonconforming Districts

Paragraphs “A.”, “B.”, and “C.” shall be revised and changed in their entirety to read as follows:

A. The F-1 District was provided to protect areas that are prone to flooding. The Conservation and Flood Plain Overlay District, including the permitted uses and development standards for a C-1 District set forth in Appendices A and B respectively, is the most similar to the former F-1 District. Under this Ordinance, permitted uses in F-1 Flood District will be replaced by uses permitted, either by right or special exception, in a C-1 District, as prescribed by Appendix A, Official Schedule of Uses.

B. The R-5 District was provided for the development of one and two-family residential dwellings. The L-1 Lake District and the R-2 Single and Two-Family Residential District, including the development standards and permitted uses for these Districts set forth in Appendices A and B respectively, is the most similar to the former R-5 District. Under this Ordinance, permitted uses in the R-5 District will be replaced with uses permitted, either by right or by special exception, in an L-1 District, as prescribed by Appendix A, Official Schedule of Uses, if the lot abuts a lake or river area. For lots that do not abut a lake or river area, the uses permitted in the R-5 District will be replaced with uses permitted, either by right or by special exception, in an R-2 District, as prescribed by Appendix A, Official Schedule of Uses.

C. The R-6 District was provided for the development of multi-family residences in rural areas. The R-4 Mobile Home and Manufactured Home Park Residential District, including the development standards and permitted uses for the R-4 District set forth in Appendices A and B respectively, is the most similar to the former R-6 District. Under this Ordinance, permitted uses in the R-6 District will be replaced with uses permitted, either by right or by special exception, in an R-4 Mobile Home and Manufactured Home Park Residential District as prescribed by Appendix A, Official Schedule of Uses.

THIS ORDINANCE TAKES EFFECT UPON PASSAGE.

At this time, the White County Council President, Richard “Buzz” Horton, called the council members to order in joint session with the commissioners. Council members present were:

President Richard “Buzz” Horton Raymond “Butch” Kramer Dennis Carter

Bruce Clear Gary Hendryx Denny Cain

Kevin “Casey” Crabb

HOSPITAL

White County Memorial Hospital CEO Paul Cardwell presented the Financial Analysis for April 2009.

He reported that the hospital had a really good month and for the first time this year they were able to turn a bottom line. They continue to have a high bad debt line with people not having the ability to pay. They are $2.5 million ahead of Gross Patient Revenue for the year but they pretty much have the exact same bottom line. Last year at this time, they had billed $12.8 million and this year they have billed $15.6 million. He said that they pretty much have to bill $4 million to break even on the bottom line.

Mr. Cardwell said that they have paid their 2009 hospital payment in advance, so they are good now until October 2010.

Mr. Cardwell said that they have around 22 inpatients, 6 or so on the swing bed side, and 50-125 in the emergency room on a daily basis.

BUILDING INSPECTOR

White County Building Inspector Dave Anderson reported 75 permits were issued last month. Wind turbines are moving right along.

E-911

E911 Director Terri Conwell said things are going really well and she is currently fully staffed with a part-time employee.

The new consoles will be installed in June.

ENVIRONMENTAL OFFICER

White County Environmental Officer John Raines submitted the Complaints & Violations report for April 2009.

ECONOMIC DEVELOPMENT

White County Economic Development Director Connie Neininger presented the Director’s Report for April 2009.

Connie is currently working with Jordan Mfg. The city has awarded Jordan’s a tax abatement because he is adding on to the old building to start a wooden umbrella line.

Leads continue to come from the state looking for existing buildings.

Phase II of Horizon Wind Energy should start construction in September 2009. They are looking to have sixty-six turbines. Eventually there will be four phases in all.

Ivy Tech has 115 students registered for the spring semester and 79 students registered for the summer semester, which starts the end of May.

INDIANA WORKFORCE DEVELOPMENT PRESENTATION

Mike Godlove, Commissioners appointment to the Indiana Workforce Development board, appeared before the commissioners and council introducing Roger Fieldhouse. Mr. Fieldhouse gave a presentation discussing WorkOne and their board serving twelve counties. A copy of the presentation is on file in the commissioners’ office.

TIOGA BRIDGE

County Engineer, Don Ward, once again provided “additional information” on Tioga Bridge.

Mr. Ward confirmed that the Carroll County Commissioners are not interested in providing any funding towards the project. His options for the project were to apply for and use federal stimulus money, don’t take stimulus money and use Transportation Enhancement money, or do nothing to it.

Mr. Ward explained that if White County completed the engineering plans for just the renovation project, which are 95% completed and will cost an additional $6,000 from the county, and then the project could be submitted for federal stimulus money. Mr. Ward was confident that the county would receive the funds but if they didn’t the county could still back out of the project.

In order to raise the bridge, the engineering plans would cost $44,000, which would have to be paid by the SFLECC and the City of Monticello. Mr. Ward said that if the engineering plans were drawn up for the raising of the bridge and the commissioners do not receiving any funding and they decide to drop the project, then the county would have to pay SFLECC’s money back

Darryl Johns, SFLECC, voiced his concerns to the safety hazards of the bridge being so low. He did ask how much money it would take to remove the bridge. He said that this problem is not going to go away and asked if a committee could be put together.

Councilman Kramer, Clear, and Cain, all voiced their opinions that they did not see any reason in raising the bridge since boaters could already get their boat under the bridge. By having the bridge there at that level, acted as a “speed bump” to boaters telling them to slow down.

Commissioner Schmierer said that he was not in favor of using county tax dollars on the bridge because there are plenty of roads that need the repairs. He also said that many taxpayers voiced concerns to him that there wasn’t a need to raise the bridge.

Mr. Ward estimated that it would cost well over $100,000 just to remove the bridge.

After a long discussion, the commissioners and council agreed to finish paying for rehabilitation plans, but to otherwise, drop the project.

REQUEST FROM THE TOWN OF CHALMERS FOR THE WIND FARM ECONOMIC DEVELOPMENT FUND

Connie Neininger, Economic Development Director, said that Horizon Wind Farm is looking for a site South of Chalmers and on the west side of State Road 43 for their maintenance and operations facility. She said that currently, there are no water and sewer utilities at this location. She submitted a letter from the Town of Chalmers requesting additional appropriations from the county to provide these utilities to this site.

The Town of Chalmers did receive quotes to provide water and sewer to this location and the lowest bid did come in from Fairfield Contractors, Inc., out of Lafayette for $44,872.00.

Commissioner Heimlich said that the wind farm fund was set up to provide funds for these types of projects.

  • Commissioner Schmierer made a motion that they approve the request from the Town of Chalmers for $44,872.00 to be paid out of the Wind Farm Economic Development Fund for the water and sewer needs for Horizon Wind Energy Maintenance building, seconded by Commissioner Burton. Vote: Unanimous

RESOLUTION FOR THE VERASUN ECONOMIC DEVELOPMENT REVENUE BOND PROCEEDS FUND

Commissioner Heimlich presented a resolution to the council that will establish a fund, which will wire the VeraSun bond money to the county.

  • Council member Kramer made a motion to adopt Resolution No. 2009-05-18-01for establishing the 2007 Economic Development Revenue Bond Proceeds Fund for VeraSun with the exception to change Section 1. “Wind Farm” to “VeraSun” and to change the word “then” to “the” in Paragraph 6, seconded by Council member Carter. Vote: Unanimous

RESOLUTION NO. 2009-05-18-01

RESOLUTION OF THE COUNTY COUNCIL OF WHITE COUNTY, INDIANA ESTABLISHING THE 2007 ECONOMIC DEVELOPMENT REVENUE BOND PROCEEDS FUND

WHEREAS, White County, Indiana (the “County”) issued its Taxable Economic Development Revenue Bond, Series 2007A (VeraSun Reynolds, LLC Project) (the “Bonds”), pursuant to a Trust Indenture, dated as of September 1, 2007, between the County and Wells Fargo Bank, National Association, as trustee (the “Indenture”);

WHEREAS, pursuant to the terms of the Indenture, a portion of the proceeds of the Bonds (such portion, the “Infrastructure Funds”) were designated to be used to finance certain public infrastructure as described on Exhibit A-2 of the Indenture (the “Infrastructure”);

WHEREAS, the remaining proceeds of the Bonds were to be used to pay the costs of the issuance of the Bonds and provide a portion of the financing of the construction and equipping of an ethanol plant (the “Project”) by VeraSun;

WHEREAS, VeraSun will not be completing the Project and has sold the site of the Project and the Bonds to Valero Renewable Fuels Company, LLC (“Valero Renewable”);

WHEREAS, upon the return of the Bonds to the County, pursuant to an Agreement Concerning Loan Agreement, EDA, and the Bonds (the “Agreement”), among Valero Energy Corporation, Valero Renewable, the County, the Town of Reynolds, Indiana (the “Town”), the Bonds will no longer be outstanding and the Indenture will be terminated; and

WHEREAS, the Trustee will release to the County the remaining Infrastructure Funds and any other funds on deposit under the indenture (the “Bond Funds”), and the Council desires to establish a fund for the purpose of the deposit and expenditure of the Bond Funds.

NOW, THEREFORE, THE COUNTY COUNCIL OF WHITE COUNTY, INDIANA RESOLVES THE FOLLOWING:

Section 1. There is hereby established a fund of the County designated as the “White County, Indiana VeraSun 2007 Economic Development Revenue Bond Proceeds Fund” (the “Fund”), into which all Bond Funds shall be deposited upon receipt by the County.

Section 2. All amounts on deposit in the Fund shall be expended for the following purposes:

(i) the payment of legal, financial advisory, and other expenses related to the negotiation, execution and implementation of the Agreement and any other matters related to the Project, the Infrastructure, and the Bonds; or

(ii) the payment of the costs of the Infrastructure or other similar purposes as permitted by law, including the payment to the Town of a portion of the Bond Funds to be used for such purposes.

Section 3. This Resolution shall be in full force and effect from and after its adoption by the Council.

SOFTWARE UPDATES

Council President Horton said that the council, representatives, and office holders have met several times within the past year discussing software for the county. They are now ready to bring their recommendation to the commissioners at the next meeting.

There being no further business to come before the council, they adjourned to their own meeting room.

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

__________________________ _____________________________ _______________________

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

ATTEST: _________________________

Jill Guingrich, Auditor