Get Adobe Flash player

 

BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, November 16, 2009, at the White County Building, 2nd floor, Commissioners Conference room 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, White County Attorney George Loy, and the Commissioners Secretary Donya Tirpak.

MINUTES

  • Commissioner Schmierer made a motion to approve the minutes from the regular meeting on November 2, 2009, seconded by Commissioner 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

PAYROLL FOR PART-TIME EMPLOYEE

Eric Storm, GIS/IT Tech., appeared before the Commissioners requesting a transfer of $2,500 in their budget to cover the payroll for his part-time employee until the end of the year.

  • Commissioner Schmierer made a motion to transfer the balance of $1,562.50 from the Info Booth Employees line item into the P-Time GIS line item, seconded by Commissioner Burton. Vote: Unanimous

NACO MEMBERSHIP FOR 2010

White County Recorder, Paula Lantz, thanked the Commissioners on behalf of the public for their past support on the NACO membership. She said that since our membership, which was in May 2008, the county has saved uninsured residents of White County over $150,000 on their prescriptions. For just the month of September there was 1,484 attempts from residents and 908 of them were able to receive discounts on their prescriptions.

Recorder Lantz requested the Commissioners to renew their 2010 NACO membership for $523.

  • Commissioner Burton made a motion to renew the 2010 NACO membership for $523, seconded by Commissioner Schmierer. Vote: Unanimous

AREA PLAN

White County Area Plan Director, Joe Rogers, said that he is very close to presenting the revisions of Chapter 13 in the zoning ordinance to the Area Plan Commission but before he does he would like to have some input from the Commissioners on areas that contradict themselves.

Director Rogers said that the first issue that needs to be resolved is the Fine Schedule and the ordinance covering the due date of a violation. Currently, the Fine Schedule allows a violator 60 days to pay a fine and the ordinance contradicts that by saying they only have 30 days to pay their fine. The previous ordinance did not provide a timetable for a fine payment other then what was provided in the fine schedule.

The current ordinance states in Section 13.1.1 Procedures (D):

All fines prescribed by this Chapter for civil zoning violations shall be paid to the Executive Director within thirty (30) days. The Executive Director shall render to the person making the payment a receipt stating the amount and purpose for which the fine has been paid and a duplicate of which shall be made a part of the records of the Plan Commission. If a violation is to be appealed, the procedures set forth in Section 13.103 (B), Trial, of this Chapter shall apply.

The current Fine Schedule states:

If, upon inspection, it is found that property is being used out of compliance with the current zoning or outside the parameters of a building permit to the extent that the property will require a rezoning or special exception to remain in place, the White County Area Plan Commission may issue an immediate fine of no less than $10.00 and no more than $300.00. The owner of the property will receive written notice of the fine and given 60 days for payment. If payment is not received within terms, a late fee of $50.00 per month will be added to the fine. This fine will remain in place whether the owner removes the use in violation of the zoning ordinance or chooses to file a rezoning request. If the permit holder wishes to contest the fine, they must appear before the Area Plan Commission within the 60-day period. The Area Plan Commission reserves the right to increase, decrease, or remove a fine depending on evidence presented.

A second area of concern felt by Director Rogers was the interpretation of Appeals. The current ordinance provides for an appeal of either a warning ticket or a citation for incorrect interpretation of the zoning code (Sec. 13.1.2 d) and the violator is allowed 30 days after issuance of a warning ticket to do so.

The current ordinance states in Section 13.1.2 (D) Citations

If a person believes that the warning ticket or citation received results from an incorrect interpretation of the White County Zoning Code by the Executive Director, the aggrieved person may file an appeal of the decision for a hearing by the board of Zoning Appeals. Said appeal shall be on the form prescribed by the Board of Zoning Appeals and shall include payment of the appropriate filing fee. A person who elects to file such an appeal shall indicate this intent in writing to the Executive Director. A person shall have ten (10) working days after issuance of the warning ticket to file the appeal. Any additional monetary fine, as prescribed in Official Fee Schedule, shall be stayed upon the filing of such petition as long as the violation continues at the subject properly. A person who files the appeal within the allotted time period shall have the appeal heard at the next regularly scheduled Board of Zoning Appeals meeting, as prescribed by the Calendar of meetings and Filings Dates. If the board upholds the interpretation of the zoning ordinance, which led to issuance of the warning ticket or citation, and the civil zoning violation continues at the real estate, then the citation will move forward. The applicant can conform to the Ordinance, correct the violation and pay the fine, or request a trial on the citation for determination by a court of competent jurisdiction in White County, Indiana.

Director Rogers explained that citations are not issued until after the 30-day period, the ordinance, by implications, does not provide for an appeal after an actual citation and Chapter 12 of our current ordinance allows 30 days for an appeal after an Executive Director’s decision, interpretation, or determination. He felt that these two areas could be interpreted to conflict with each other.

Director Rogers also argued that on an appeal in the enforcement section of the ordinance (Ch.13) the ordinance does allow for an appeal of an interpretation but it does not allow for an appeal of a fine.

Director Rogers also pointed out that the Fine Schedule says that an appeal can be heard by the Area Plan Commission and he was informed that this is incorrect by the APC board. At no time does the APC hear any appeals. He asked for permission to have this corrected.

If, upon inspection, it is found that property is being used out of compliance with the current zoning or outside the parameters of a building permit to the extent that the property will require a rezoning or special exception to remain in place, the White County Area Plan Commission may issue an immediate fine of no less than $10.00 and no more than $300.00. The owner of the property will receive written notice of the fine and given 60 days for payment. If payment is not received within terms, a late fee of $50.00 per month will be added to the fine. This fine will remain in place whether the owner removes the use in violation of the zoning ordinance or chooses to file a rezoning request. If the permit holder wishes to contest the fine, they must appear before the Area Plan Commission within the 60-day period. The Area Plan Commission reserves the right to increase, decrease, or remove a fine depending on evidence presented.

Director Rogers would like to get the Fine Schedule and the ordinance consistent and since the fine schedule is a County Commissioners generated document, he asked if they had a preference to a timetable that would apply to fine payments, fine appeals, and interpretations appeals.

The Commissioners said that they would like to keep the 60- day period in place and gave permission to Mr. Rogers to make the necessary changes in the language in the Fine Schedule.

WOLCOTT CORRIDOR GRANT

White County Economic Development Director Connie Neininger requested signatures on additional paperwork needed by EDA for the Wolcott Corridor Grant application. SIGNATURE APPROVED

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

Stephanie Long, White County Memorial Hospital, presented the Financial Analysis for October 2009.

Mrs. Long reported that their numbers were up last month for the outpatient and inpatient services. Their gross patient revenue for the month was $4.4 million and after contract ional, they had net patient revenue of $2.6 million. The gross patient revenue for the year is now a little over $41 million and total net revenue of $27 million. Their total operating expenses for the month was $2.9 million and they did have an operating loss for the month of $237,226.

BUILDING INSPECTOR

White County Building Inspector Dave Anderson reported that there were 35 permits issued last month, 20% of them were for housing starts.

ENVIRONMENTAL OFFICER

White County Environmental Officer John Raines presented the Violation & Complaint Report for October 2009.

ECONOMIC DEVELOPMENT

White County Economic Development Director Connie Neininger presented her Director’s Report for November.

Connie has met with Dave Jordan, Jordan Manufacturing, discussing his opening of a second location in Rushville. Mr. Jordan has not confirmed if this is going to happen or not.

Vanguard National Trailer has announced to Connie that they are working on an expansion. Monon is doing very well right now because Vanguard has called back most of their employees and they are now at an employee count of 173.

Connie presented a map showing county unemployment rates for the month of September 2009. White County was listed at 9.4%, which was higher then the State’s average but lower then the U.S. average.

Connie said the Climate Change legislation has a Bill in process for Federal Climate Change legislation. If this bill is approved, we will see a 40% cost utility increase in Indiana by 2012. If this happens, Connie said that it would wipe out our county for any future industrial development because our utility cost will be so much higher then other states. Ninety-eight percent of our utilities come from coal and electric and with this Bill they will put a Carbon Tax on coal. Connie advised everyone to contact their representatives and let them know that this is going to be a problem for our State. Council and Commissioners agreed that a letter or Resolution needs to be written up for our county and sent to the State concerning our thoughts on the Bill.

Applications for the 2010 Leadership for White County will be sent out soon for the February 3rd start date. This one will be held during the evenings.

Horizon Wind Energy dedication for Phase I will be held on Thursday, November 19, 2009, at 11:30 a.m.

Connie reminded everyone about a letter that was sent to the Lieutenant Governor requesting Senator Hershman to offer any support with the infrastructure of the Wolcott Corridor. Connie introduced Jerry White, Office of Community Rural Affairs, to discuss infrastructure and grants that are available for the Wolcott Corridor.

OLD HOSPITAL

Commissioner Heimlich said that he was contacted last week by a representative of the hospital saying that they want to turn the old hospital back over to the county by the end of the year. Commissioner Heimlich said that the Council and Commissioners would meet at a later date to discuss this further.

HIGHWAY TRUCK

Commissioner Burton updated the Council that the Highway Dept. will be looking for a new or used truck to replace the one just recently lost in an accident. Highway Superintendent Steve Brooke said that a new one with everything equipped will be $80,000 and the insurance company only paid out $19,000 for the old one.

Commissioner Burton reminded the Council that the money was appropriated two years ago for a new highway truck but they never did purchase one and the money was never spent.

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, they adjourned their own meeting.

_________________________ __________________________ _______________________

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

ATTEST: _________________________

Jill Guingrich, Auditor