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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, October 19, 2009, in the White County Building, 2nd floor, Commissioners’ Conference room beginning at 8:00 a.m.

MINUTES

  • Commissioner Schmierer made a motion to approve the minutes as presented for the regular meeting on October 5, 2009, seconded by Commissioners Burton. 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

K-IRPC

Randy Mitchell, Director, presented a resolution to the Commissioners requesting their support to include Carroll County in the K-IRPC district.

  • Commissioner Schmierer made a motion to approve a resolution expressing support for the inclusion of Carroll County within the Kankakee Iroquois Regional Planning Commission’s Federal Economic Development District, seconded by Commissioner Burton. Vote: Unanimous

A RESOLUTION EXPRESSING SUPPORT FOR THE INCLUSION OF CARROLL COUNTY WITHIN THE KANKAKEE IROQUOIS REGIONAL PLANNING COMMISSIONS FEDERAL ECONOMIC DEVELOPMENT DISTRICT

WHEREAS, the Public Works and Economic Development Act of 1965, as amended, provides assistance to improve conditions of employment and underemployment, and to establish stable and diversified economies; and

WHEREAS, the Kankakee Iroquois Regional Planning Commission has received authorization, designation and funding from the United States Department of Commerce, Economic Development Administration (EDA) for the purpose of providing economic development-related technical and planning assistance within its seven-county district, of which White County is a part; and

WHEREAS, White County is an active member of the Kankakee Iroquois Regional Planning Commission along with Benton, Jasper, Newton, Pulaski, Starke, and Warren Counties; and

WHEREAS, Carroll County seeks membership in the U.S. Department of Commerce, Economic Development Administration, Economic Development District;

NOW, THEREFORE, BE IT RESOLVED, that the White County Board of Commissioners hereby endorses the economic development efforts of the Kankakee Iroquois Regional Planning Commission and supports the inclusion of Carroll County in a new eight county Economic Development District.

HIGHWAY DEPARTMENT

Randy Mitchell, Director of K-IRPC, presented a Letter of Understanding from Industrial Waste Management Consulting Group LLC, (IWM Consulting). This letter is a continuation of the discussions made from Connie Neininger about a grant that is available to counties for energy efficiency and conservation programs.

Mr. Mitchell explained that in order for a county to receive an energy grant they have to have a firm that is certified to conduct the audits in the various government entities. Since there is interest to apply for this for the White County Highway Garage, K-IRPC can’t write the grant until a company (IWM) does a preliminary audit. There is not a cost from K-IRPC but there will be a cost from IWM to perform the audits. IWM will make a presentation giving a cost estimate on a case-by-case basis of what it would cost to do the audits and then K-IRPC would write up the grants.

Mr. Mitchell said that the Highway Department’s immediate needs are the lighting and the boiler.

  • Commissioner Schmierer made a motion to sign the Letter of Understand with IWM Consulting group to perform preliminary audits for the energy grants, seconded by Commissioner Burton. Vote: Unanimous

AREA PLAN

White County Area Plan Director, Joe Rogers, stated that the Area Plan Commission passed a resolution on October 13, 20009, requesting Mr. Rogers to set up Citizen Advisory Committee to review Chapter 10 of the ordinance, which is related to signs. The APC has requested a minimum of 7 members to be on this committee and a maximum of 11 members. The resolution also is written that one APC member, one BZA member, and one County Commissioner sit on the board. He would like a response from the Commissioners within the next two-three weeks.

Mr. Rogers presented three amendments to the Commissioners requesting their approval. These amendments were considered and recommended to the Commissioners by the Area Plan Commission by a vote of 7 yes and 0 no on October 13, 2009.

Amendment – Chapter 12 – Administration, Alternate Procedure

This was presented to the Commissioners at their meeting held on September 19, 2009, and the Commissioners tabled their decision requesting to have the amendment modified. The APC did modify the amendment to allow the County Commissioners to provide final approval for the hearing officer.

  • Commissioner Schmierer made a motion to approve the Amendment to Chapter 12 in the ordinance as presented, seconded by Commissioner Burton. Vote: Unanimous

AMENDMENT

TO THE ZONING ORDINANCE OF

WHITE COUNTY

STATE OF INDIANA

ORDINANCE NO. 09-10-19-02

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 September 14, 2009, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana on or before the 4th day of September, 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 12: ADMINISTRATION

Subchapter 12.4: Development Standards Variance

Subchapter 12.5: Special Exception Use

Subchapter 12.16: Zoning Hearing Officer and Alternate Procedure

12.4 DEVELOPMENT STANDARDS VARIANCE

A Development Standards Variance is designed to adjust the regulations (such as bulk, height, area, etc) of the White County Zoning Ordinance to the land for which the variance is granted. The primary basis for granting a development standard variance is the showing by the applicant that a practical difficulty exists if the letter of the law is strictly applied. In no case shall any variance to the terms of the White County Zoning Ordinance be authorized without the approval of the Board of Zoning Appeals (BZA) or the Area Plan Hearing Officer. All applications for a Development Standards Variance will be heard utilizing either the following procedures or, where applicable, the Alternate Procedure outlined in Section 12.16

12.5 SPECIAL EXCEPTION USE PERMIT

Special Exception Use Permits are intended for those uses that, because of their unique characteristics and potentially adverse impact upon the immediate area, or the County as a whole, require a greater degree of scrutiny. In no case shall any special exception use be authorized without the approval of the Board of Zoning Appeals or the Area Plan Hearing Officer. All applications for a Special Exception Use Permit will be heard utilizing either the following procedures or, where applicable, the Alternate Procedure outlined in Section 12.16.

12.16 ZONING HEARING OFFICER AND ALTERNATE PROCEDURE

This section, established by the Area Plan Commission, provides for an Alternate Procedure by which a Development Standards Variance or Special Exception Use Permit may be approved

12.16.1 Authorization of the Area Plan Hearing Officer

There is hereby established by the Area Plan Commission, the position of Area Plan Hearing Officer, who shall have such powers and duties as are prescribed in the following section and by rule duly adopted by the Area Plan Commission.

12.16.2 Recommendation of the Area Plan Hearing Officer and Alternate

Recommendation for the assignment of the person to serve as the Area Plan Hearing Officer or Alternate, along with recommendation to remove such person, shall be by the Area Plan Commission. The Area Plan Commission may recommend approval, removal or replacement of any Area Plan Hearing Officer or Alternate at any time, with or without cause.

12.16.3 Approval of the Area Plan Hearing Officer and Alternate Recommendations

Approval of all recommendations addressed in Section 12.16.2 of this Ordinance shall require approval by the White County Commissioners to become effective.

12.16.4 Powers and Duties of Zoning Hearing Officer

The Area Plan Hearing Officer shall have the same powers and duties as the Board of Zoning Appeals to approve or deny applications through the Alternate Procedure.

12.16.5 Alternate Procedure

The Area Plan Commission shall, by rule duly adopted;

A. Establish the circumstances, if any, in which it would be appropriate for the Area Plan Hearing Officer to hear or transfer proceedings for applications submitted for Development Standards Variance or Special Exception Use Permits.

B. Designate requirements for the conduct of proceedings before the Area Plan Hearing Officer including, but not limited to, the creation and filing of minutes and records, regulation of conflicts of interest and criteria for segregating applications between the Area Plan Hearing Officer and the Board of Zoning Appeals.

Amendment – Variation and Development Standards

Mr. Rogers said that the A-1 and RR developmental standards have posed a problem to the Area Plan Department due to the A-1 properties that currently exist in the county. The Area Plan Commission is recommending that the developmental standards for an RR be changed.

  • Commissioner Burton made a motion to approve the recommended amendments to Appendix B: Bulk Use Standards, as presented for A-1 and RR zonings, seconded by Commissioner Schmierer. Vote: Unanimous

AMENDMENT

TO THE ZONING ORDINANCE OF

WHITE COUNTY

STATE OF INDIANA

ORDINANCE NO. 09-10-19-01

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 October 13, 2009, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana on or before the 3rd day of October, 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 APPENDIX B: Bulk Use Standards

Amendment Chapter 3, Subchapter 3.1, Home Occupation

Director Rogers said that this amendment is from the result of a recent lawsuit that the Area Plan Commission went through. During the lawsuit, the issue came up of the enforcement of people that have home occupations while they aren’t properly zoned in a residential zoning. The Area Plan Commission’s real intent is to make sure that someone that does have a home business in a residential area doesn’t disrupt the nature of the neighborhood. This amendment eliminates the requirements of someone who is running home-office businesses to register with the Area Plan Department.

  • Commissioner Schmierer made a motion to approve the proposed amendment to Chapter 3, Subchapter 3.1, Home Occupation, seconded by Commissioner Burton. Vote: Unanimous

AMENDMENT

TO THE ZONING ORDINANCE OF

WHITE COUNTY

STATE OF INDIANA

ORDINANCE NO. 09-10-19-03

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 October 13, 2009, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana on or before the 3rd day of October, 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 3, Subchapter 3.1: Home Occupation

3.1 HOME OCCUPATIONS

3.1.1 Purpose and scope

It is the intent of this Section to regulate all home occupation uses except those that conform to the standards set forth in this Ordinance, as amended from time-to-time. The standards of this Section are intended to insure compatibility of home occupations with the residential character of any neighborhood establishing them as a clear secondary or incidental use to the permitted residential use of the principal structure. For the purposes of administering and enforcing this Section, a home occupation exists if an owner, lessee, or other person legally residing in a residential dwelling is also conducting a legitimate business from the home or property. Such home occupation shall be subject to the conditions and requirements of this Section.

3.1.2 Required conditions

In general, home occupations are permitted accessory uses in any residential or A-1 district, provided that said home occupation complies with the following:

A. Such occupation shall be conducted solely by occupants residing at the residence.

B. The use of the dwelling unit for the home occupation shall clearly be incidental and subordinate to the principal use of the structure as a residential dwelling, to the extent that no more than twenty-five (25) percent of the gross floor area of the dwelling unit, including any accessory buildings, may be used for the conduct of the home occupation.

C. Home occupations may be located in either the dwelling unit or accessory building, but not both.

D. No home occupation use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the residential dwelling or accessory structure, or the fire district in which the structure is located;

E. There shall be no outdoor storage of any kind which is related to the home occupation;

F. Only one (1) nameplate sign and one (1) yard sign shall be allowed regardless of the number of streets that the property faces. The nameplate sign may display the name of the occupant and/or the name of the home occupation. The nameplate sign may be attached flat to the principal structure or placed so as to be visible from the street through a window. The nameplate sign shall be no greater than three (3) square feet in area. The yard sign shall have a face no greater than six (6) square feet and not taller than five (5) feet in overall height. No such sign shall be illuminated.

G. No home occupation shall generate more traffic or otherwise cause the local traffic volume to increase, than would normally be expected or appropriate in a residential neighborhood wherein no home occupation exists. All parking needs generated by the home occupation shall be met by the off-street parking requirements as specified in this Ordinance, provided that in no instance shall parking for a home occupation be allowed to occur in a required front yard setback.

H. No home occupation use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than is expected or appropriate in a residential neighborhood wherein no home occupation exists. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers or causes fluctuations in the line voltage off-site.

I. No home occupation shall involve the use of commercial delivery vehicles for the transport of materials to or from the premises, with the exception of delivery vehicles which are typically associated with residential home delivery, such as postal or parcel vehicles.

J. No home occupation shall cause a nuisance to the residential neighborhood in which it exists.

3.1.3 Uses that are prohibited as home occupations

The following uses by the nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the required provisions of a home occupation and thereby impair the use and value of a residentially zoned area. Therefore, the following uses shall not be permitted as home occupations:

A. Auto/vehicle repairs, minor or major;

B. Antique or gift shops;

C. Dance studio;

D. Dental clinic;

E. Freight, trucking, or shipping;

F. Unlicensed Massage Parlors (no Indiana State License);

G. Medical clinic;

H. Painting of vehicles, trailers, boats, etc;

I. Retail photo developing;

J. Private schools with organized classes;

K. Restaurants, eating or drinking establishments;

L. Tattoo Parlors;

M. Tooling, welding or machinery shops;

N. Tool or equipment rental;

O. Veterinary clinic, kennel, or stables; or

P. Any other uses not meeting the conditions of this Section as determined by the Executive Director.

3.1.4 Examples of uses that frequently qualify as home occupations

A. Accountants;

B. Artists and sculptors;

C. Authors and composers;

D. Barber shop;

E. Beauty shop;

F. Dressmakers, seamstresses and tailors;

G. Child care limited to no more than five (5) children.

H. Individual tutoring;

I. Individual music, dancing, or singing lessons;

J. Office facility of a member of the clergy

K. Office facility of a sales person, sales representative, or manufacturer’s representative provided that no exchange of retail or wholesale merchandise is made on or adjacent to the premises;

L. Office facility of a professional such as a plumber, electrician, appraiser, architect, engineer, lawyer, insurance agent, land surveyor, real estate agent, consultant, etc.;

M. Traditional full or part-time sales occupations;

N. Appliance, television, radio, lawn mower or bicycle repair;

O. Photography studio, one client at a time;

P. Upholstering;

Q. Massage Therapy (Indiana State Licensed); or

R. Any other use that complies with all of the restrictions and conditions of this Section as determined by the Executive Director.

 

USI CONSULTANTS- BRIDGE 91 & 92

Mike Obergfell, Engineer for USI, presented the title sheets for Bridges 91 & 92 requesting signatures, which is a requirement from the state. The next step is to submit the tracings, which will get us on the letting schedule. First all of the right-of-ways still needs to be completed and he is currently working with County Attorney George Loy on these.

Mr. Obergfell also submitted utility agreements requesting approval and signatures. APPROVAL GRANTED

Mr. Obergfell said that they have three out of the ten parcels that they are still working on with the right-of-way on Bridge #91. On Bridge #92, there are four parcels that they are still working on and one of them will have to be taken to condemnation. They are looking for the letting to be in March.

Mr. Obergfell asked the Commissioners if they had any questions about the contract that was submitted for the Underwater Bridge Inspections for 2010.

  • Commissioner Burton made a motion to approve the contract for the underwater bridge inspection with USI, seconded by Commissioner Schmierer. Vote: Unanimous

REPORTS

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

President Richard “Buzz” Horton Raymond “Butch” Kramer Bruce Clear

Gary Hendryx Denny Carter Denny Cain

Kevin “Casey” Crabb

HOSPITAL

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

Mr. Cardwell announced that he is retiring from the hospital in March 2010 but he is staying in the community to do his missionary work. He truly has appreciated the last 9 years working with everyone and he has enjoyed giving his report to the Commissioners and Council.

Mr. Cardwell reported that they have been swamped in the emergency room with patients having the flu.

Gross revenue month was at $4.2 million and a gain from operations of $141,000, which now puts them over $1 million for the year. They are now $1 million over in bad debt and this will continue because people just can’t pay their medical bills.

COUNCIL ON AGING

Gale Spry, Director, presented the third quarter financial status report for the Council on Aging. She said that her board is still deciding if they should start charging people for rides who are under 60 yrs old and how much they should be charging. When she attended a conference, she noticed many other counties that were charging and their insurance rates dropped drastically. Gale discussed liability issues that she learned at conference.

Gale also presented the Public Transit contract for 2010 for $121,751.00 requesting approval and signatures. APPROVED

BUILDING INSPECTOR

White County Building Inspector Dave Anderson reported that there were 60 permits issued last month, four of them were for new houses.

E-911

E911 Director Terri Conwell asked if she could hire a new part-time employee since the county is on a hiring freeze. Council members told her that if she has plenty of funds in her budget under the part-time salary section, then she was allowed to hire a part-time employee.

ECONOMIC DEVELOPMENT

Economic Development Director Connie Neininger presented her Director’s Report for September’s activities.

Connie said that the Leadership White County 2010 committee is working very hard on curriculum for Leadership 2010.

Horizon Wind

Horizon Wind is currently under construction on Phase II and they are already discussing Phases III, IV, and V, which should start no later then March 2010. Umbaugh is currently working on the contracts.

Horizon Wind met with the Town of Wolcott and they are asking to move their northern boundary north one mile. The Town of Wolcott met and decided that they would like to keep the wind farms away from the southern part of the town. The town has asked them to stay away from the two townships for residential purposes.

Wolcott Corridor

We are still waiting on a response for the Wolcott Corridor EDA grant, $2.4 million. Connie is currently working with K-IRPC to find additional funds that will pay for a transportation study.

Foreign Trade Zone

Connie presented information on a Foreign-Trade Zone in White County. This will allow a company to bring in foreign trade from overseas right into their facility. It will also decrease some of the duties that they have to pay and it may even decrease some of their fees that they have to pay for importing their products. They will be allowed to set their products and not pay for them until their used.

Connie said that the Indianapolis Foreign Trade Zone is trying to expand their market so they are allowing in counties that want to be included in the Indianapolis Foreign Trade Zone to be listed as part of that Foreign Trade Zone. It will not cost the county anything.

Connie presented a Letter of Support to the Commissioners requesting inclusion within the Service Area of Foreign-Trade Zone.

  • Commissioner Schmierer made a motion to authorize Commissioner Heimlich to sign the Letter of Support for the including White County to the Foreign-Trade Zone, seconded by Commissioner Burton. Vote: Unanimous

SHERIFF’S DEPT.

Sheriff John Roberts introduced Patti Collins, Embarq, to answer any questions the Commissioners may have about the telephone system that needs replaced. Sheriff Roberts did update the Councilman that the current telephone system is 11 years old and he was told by a service technician that it is about ready to crash.

Mrs. Collins said that there would be a one-time cost of $8,633.45, which will upgrade the software and a three year maintenance cost. There are two options for the maintenance cost; one is an Annual Standard Rate at $9,207.72 or the Annual Extended Rate at $10,725.12. The Annual Extended Rate is what the Sheriff said that he would need.

Sheriff Roberts indicated that he does not have the funds in his budget for the $8,633.45 and the discussion was made to take the money out of cumulative building maintenance fund. He said that the annual maintenance cost will be a budgeted amount every year.

  • Commissioner Burton made a motion to approve the purchase of the upgraded telephone software at the White County Sheriff’s Dept. for $8,633.45, seconded by Commissioner Schmierer. Vote: Unanimous

WOLCOTT CORRIDOR

Dr. Gib Crimmins, Tri-County School Corporation Superintendent, and Wendy Schwab, Remington-Wolcott Community Development Executive Director, appeared to express the importance of a study on the Wolcott Corridor area.

Dr. Crimmins asked if White County has ever conducted an Economic Development Study for the Wolcott Corridor. Having the opportunity to be uniquely located to Purdue University, Chicago, and Indianapolis is a very big advantage for us. He pointed out that this has been said for the past thirty years now and he wants to know how the Remington-Wolcott Community Development could help build up the Wolcott Corridor. He said that they believe if it doesn’t happen this time, possibilities might as well be wiped out.

Commissioner Heimlich explained that county leaders are waiting to see if an Economic Development Administration grant will come through. The grant will pay for about half of the estimated $5 million needed for the infrastructure.

Wendy Schwab stressed that the Remington-Wolcott Community Development really wants to know how they can support White County through this mission.

The Commissioners said that they need to wait for a response from EDA on the $2.4 million grant before making further decisions.

IDEM

Michael Aylesworth, Regional Office Director Northern Regional Office, appeared before the Commissioners.

Mr. Aylesworth said that they, along with DNR, do have an intensive program of permitting for waterways, wetlands, etc. Many times, there is confusion about jurisdiction with both of the departments and he wanted them to know that he is the contact person to call whenever they should any questions with permitting, DNR, or IDEM issues.

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