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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on January 21, 2008, at 8:00 a.m. in the White County Courthouse, 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 Assistant 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 January 7, 2008, seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

  • Commissioner Schmierer made a motion to approve the payroll as presented for January 28, 2008, seconded by Commissioner Burton. Vote: Unanimous

SRI INCORPORATED

Jeff Kemper, SRI, appeared before the Commissioners passing out brochures discussing how they can take the county’s surplus items and auction them off over the Internet. Enclosed with the brochure was also a contract that has been revised since the last time that he appeared before the commissioners.

Recently, Mr. Kemper has spoken with the County Highway Superintendent Steve Brooke about surplus highway equipment and also Commissioner Heimlich about surplus office equipment from the courthouse. This service works the same way as e-bay.

Commissioner Burton verified that their fee will be 25% of what is collected. Mr. Kemper explained that they will put the items out for auction on the internet for ten days (Sunday to Thursday) and if certain items do not open up they may put it out there for another ten days. He said that the county doesn’t have to sell everything that they own thru SRI. SRI will only sell what the county provides to them as “surplus”.

County Attorney George Loy commented some alterations that he would like to see done in the contract.

  • Commissioner Schmierer made a motion to enter into a contract with SRI for Internet surplus auction as soon as our attorney works out the details with the contract, seconded by Commissioner Burton. Vote: Unanimous

RECYCLING DEPT.

White County Recycling Director Dawn Girard appeared before the Commissioners presenting another quote for a used fork lift. At the last meeting, Mrs. Girard submitted two quotes and the County Attorney asked her to solicit for one more to have three. Mrs. Girard submitted the following as her third quote:

United Rentals 1 – Used 2001 Komatsu Model FG25 $10,500

(12 Month United Guard Warranty)

The following are the quotes that were submitted at the last meeting:

Lowry Brothers Hardware & Farm Supply, Reynlolds, IN 1989 Clark Forklift 7,000 hrs $ 8,350

(This includes a $600 trade-in for our used forklift – No warranty)

Wiese, Lafayette, IN 2001 Caterpillar, 5,000 hrs $15,000

Wiese, Lafayette, IN 2002 Mitsubishi, 2,736 hrs $15,000

  • Commissioner Burton made a motion to accept the quote from Lowry Brothers Hardware & Farm Supply, in Reynolds for the purchase of the 1989 Clark Forklift at $8,350, seconded by Commissioner Schmierer. Vote: Unanimous

AREA PLAN

Diann Weaver, Director, appeared before the Commissioners presenting the following:

Rezoning Petition #948

VeraSun Reynolds, LLC, is requesting to rezone land from an A-1 (Agricultural) to an I-2 (General Industrial). The property is located northeast of Reynolds, being East of C.R. 25 E and on the north side of the railroad tracks.

This request was heard at a public hearing with the Area Plan Commission on January 14, 2008. The APC recommended this petition to the Commissioners by a vote of 7 yes, 0 no, and 1 abstention.

  • Commissioner Schmierer made a motion to approve Rezoning Petition #948 (Ordinance No. 524-08) rezoning property from an A-1 to an I-2 for VeraSun Reynolds, LLC, seconded by Commissioner Burton. Vote: Unanimous

Lawsuit

Mrs. Weaver also discussed an agreement that has been reached for a settlement. She said that in 2004 they had a letter of credit for a subdivision, located south of Monticello. Diann said that when they tried to draw on the letter of credit to put roads in, they were denied. They were notified by the bank that they were not going to renew the letter of credit so a lawsuit was filed by the Area Plan Board. Diann reported that the original letter of credit was for $20,000 and a settlement of $32,000 has been reached.

VACATION OF PUBLIC RIGHT-OF-WAY IN UNION TOWNSHIP

Attorney Dowal Dellinger, Representing CACO Properties, LLC, appeared before the commissioners presenting an ordinance vacating a platted public right-of-way in Union Township, White County, Indiana. The petition for this request was first presented to the Commissioners at the December 17,2007 meeting. Attorney Dellinger said that he hasn’t received any complaints for the vacation. Attorney Dellinger asked the White County Attorney George Loy if he had any questions with the ordinance.

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

  • Commissioner Schmierer made a motion to adopt Ordinance No. 08-0121-01 vacating a platted public right of way in Union Township, White County, Indiana, seconded by Commissioner Burton. Vote: Unanimous

ORDINANCE NO. 08-0121-01

AN ORDINANCE VACATING A PLATTED PUBLIC RIGHT OF WAY IN UNION TOWNSHIP, WHITE COUNTY, INDIANA

WHEREAS, it is in the best interests of the citizens of Union Township, White County, Indiana, to vacate a Platted Public Right of Way which is not necessary for the growth of any City or Town, and where such vacation will not leave any other real estate without a right of ingress and egress, and where such vacation will not cut the public’s access to any public building, church or school, and

WHEREAS, a Petition has been filed with this legislative body of the White County, State of Indiana, seeking vacation of a Platted Public Right of Way in Union Township, White County; and

WHEREAS, the Board of Commissioners of White County, Indiana, has examined the Petition and has scheduled hearings upon said Petition and has given public notice thereof by publishing said notice in a newspaper of general circulation in the White County, Indiana, said publication being more than (10) days prior to the date of said final hearing, all pursuant to statute; and

WHEREAS, the Board of Commissioners of White County, Indiana, having heard evidence on said Petition and being sufficiently advised in the premises, finds that said Petition should be approved and granted, and that the Platted Public Right of Way as specifically described in said Petition, should be vacated.

NOW THEREFORE, BE IT ORDAINED, that the Platted Public Right of Way located in Union Township, White County, Indiana, be and the same is hereby vacated and said Right of Way being more fully described as follows: to-wit:

Part of the Lakeside Heights Subdivision as platted in the Northeast Quarter of Section 17, Township 27 North, Range 3 West, Union Township, White County, Indiana and being part of the 35 feet wide Ridgeview Drive South being adjacent to Lots 1, 2, 3, 4, 5, 6, 7, 8, 15, 16, 17 and 21 and being allof the 15 feet wide strip being adjacent to Lots 1, 2, 3, 4 and 5 and being all of the 5 feet wide strips being adjacent to Lots 1 and 2 and Lots 3 and 21and being more completely described as follows:

Beginning at the Northeast corner of Lot 9; Thence Easterly, along the North boundaries of Lots 8, 7 and 6, a distance of 150.00 feet more or less to the Northwest corner of Lot 5; Thence Easterly, along the north boundaries of Lots 5 and 4, a distance of 102.47 feet more or less to the Northeast corner of Lot 4; Thence Southerly, along the East boundary of Lot 4, a distance of 49.27 feet more or less to the Southeast corner of Lot 4; Thence Easterly, a distance of 15.00 feet more or less to the Southwest corner of Lot 1; Thence Northerly, along the West boundary of Lot 1, a distance of 46.00 feet more or less to the Northwest corner of Lot 1; Thence Northeasterly, along the North boundary of Lot 1, a distance of 89.11 feet more or less to the Northeast corner of Lot 1: Thence Northwesterly, a distance of 5 feet more or less to the Southeast corner of Lot 2; Thence Southeasterly along the South boundary of Lot 2, a distance of 84.81 feet more or less to a South corner of Lot 2; Thence Northerly, a distance of 7.29 feet more or less to a South corner of Lot 2; Thence Northeasterly, along the South boundary of Lots 2 and 3, a distance of 81.07 feet more or less to the South corner of Lot 3; Thence Northerly, along the West boundary of Lot 3, a distance of 105.75 feet more or less to the Northwest corner of Lot 3; Thence Northeasterly, a distance of 104.42 feet more or less to the Northeast corner of Lot 3; Thence Northerly, a distance of 5 feet more or less to the Southeast corner of Lot 21; Thence Westerly, along the South line of Lot 21, a distance of 103.37 feet more or less to the Southwest corner of Lot 21; Thence Northerly, a distance of 50.00 feet more or less to the Northwest corner of Lot 21; Thence Westerly, a distance of 35.00 feet more or less to the Northeast corner of Lot 17; Thence Southerly, along the Easterly boundaries of Lots 17 and 16, a distance of 90.08 feet more or less to the point of curvature of a Tangent curve to the Right; Thence Southerly, Southwesterly and Westerly along said Tangent Curve to the Right which has a central angle of 115°15’36” and radius of 12.68 feet more or less, a curve length of 25.51 feet more or less to the Point of Tangency; Thence Westerly, along the South boundaries of Lots 16 and 15, a distance of 120.79 feet more or less to the deflection point in the South boundary of Lot 15; Thence Westerly, along the South boundary of Lot 15, a distance of 7.67 feet more or less to the Southwest corner of Lot 15; Thence Southerly, a distance of 35.00 feet more or less to the Point of Beginning, containing 0.311 of an Acre, more or less.

This Description is based on a prior Survey of CaCo Properties, LLC. As Recorded in Document Number 051106227 in the Office of the White County Recorder.

The Secretary of this legislative body shall furnish copies of this Ordinance to the County Recorder for recording and to the County Auditor.

The vacated Right of Way shall become the property of CACO PROPERTIES, LLC.

The Auditor of White County, Indiana, shall enter the vacted Right of Way described above, on the tax rolls of White County, Indiana, in the names set forth above.

Any public utility easement shall be unaffected by this vacation.

AT THIS TIME, Council President Richard “Buzz” Horton called the County Council members to order in joint session with the Commissioners. Council Board members present were:

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

Gary Hendryx Dennis Carter Dennis Cain Kevin “Casey” Crabb

REPORTS

COUNCIL ON AGING

Gale Spry, Director of Council on Aging, appeared presenting the 4th quarter operating financial status report and also a yearly operating data report.

Mrs. Spry reported that the White County Public Transit has drawn $99,031 for the year 2007 Federal Share 5311 - 100%. White County Public Transit has also drawn $55,050 for the year 2007 State Share 5311 – 100%. For 4th quarter 2007 reimbursement they will receive $33,974.

Mrs. Spry gave a breakdown for the yearly totals as follows:

Passenger Boardings 17,464

Vehicle Miles 115,530

Revenue Vehicle Miles 110,347

Revenue Vehicle Hours 8,281

Gallons of Fuel Used 8,325

Number of Road Calls 0

Commissioner Schmierer said that he recently had to use their service for the first time and complimented Mrs. Spry on how good of a job they did and what a wonderful service they do provide to the county.

E-911

E-911 Director Terri Conwell presented her year end report for 2007.

Terri reported that she did give a lot of money back to the general fund from her budget for 2007 because they were short staffed so much in 2007. She also had $20,000 left over from the software update that was installed in April 2007.

Also, Terri would like to start taking quotes for new consoles for the center. With all of the newer technology being made bigger (monitors and keyboards) they have really outgrown their works space area. When the estimates are received, she will present them to the Commissioners.

WHITE COUNTY BUILDING INSPECTOR

White County Building Inspector Dave Anderson reported that there were 29 permits issued in December. Overall for the year, he reported that housing was down 8 ½ percent. Stick built housing permits were the lowest that he’s ever seen with 60 permits issued, and permits issued for manufactured homes were only down by one.

Commissioner Burton said that they would like to try to help all of the flood victims build their homes back to the way they were before but he was concerned about all the steps that a person will have to go through in order to obtain the correct building permits.

Mr. Anderson said that they do need people to come in and fill out the necessary paperwork but if the homeowner is replacing the home back to the way was before then the building permit fees could be waived.

Commissioner Burton discussed that if a homeowner is improving their home more than 50% of the value then he feels that they need to go before the proper people like the Board of Zoning Appeals, but if they are putting their home back to the way it was before then he would like to see the procedure of going before the BZA waived.

Dave Stimmel, BZA Board member, explained that if a property was grandfathered for their setbacks and now they have to tear down their home to the foundation because it was so badly damaged, he personally would like to see the homeowner come to a BZA meeting and get their property in compliance.

Commissioner Heimlich asked the White County Attorney that if the Commissioners would write up an ordinance for this event would the Area Plan Board have to adopt the ordinance first. Attorney George Loy will look into this.

  • Commissioner Schmierer made a motion to waive all permit fees for January 8, 2008, flood victims wanting to put their homes back to their original plans. This will be in effect immediately and expiring on December 31, 2008, seconded by Commissioner Burton. Vote: Unanimous

LAKEVIEW HOME

Lakeview Home Director Kae Full reported that an electrician has lowered the exit lights on both ends of the 2nd floor. This was requested to be done by the Fire Inspector. This did complete all of the fire requests.

Kae reported that they have been very busy with the flood disaster. Lakeview Home has been designated as a shelter and Kae is now on the Red Cross disaster team.

WHITE COUNTY ECONOMIC DEVELOPMENT

Economic Development Director Connie Neininger presented the Director’s Report for December 2007 activity.

Connie reported that December was a slow month but she did have an opportunity to take a tour at the new Jordan Manufacturing facility and commented on how nice it was. McGill/Emerson manufacturer did shut down over the holidays to reorganize and prepare for some new equipment. Tuthill Transport Technologies said that things are a little slow right now but they do have some orders coming in and things are looking positive.

Bio-Town

Connie said that a group is being pulled together by Ball State and Purdue University to talk about the Education Center for Bio-Town.

Ivy-Tech

Construction has started! They will start holding construction meetings every other week and their first one will be this Thursday at 9:00 a.m. Fanning - Howey is managing the site.

Wind Farms

Connie reported that there is a lot of activity with the wind farms. Horizon Wind Energy is actually looking to put an office in our county.

Hometown Competitiveness

Connie said that White County was selected to be an Indiana Hometown Competitiveness Community. There will be an academy coming up in February and they will be selecting a five member team to attend this academy. The Steering Committee meeting will be held on Friday, February 1st at 9:00 a.m. in the basement of the courthouse.

Annual Luncheon

The annual Economic Development Organization luncheon will be held on Friday, February 29th at the Brandywine at 11:30 a.m.

ECONOMIC DEVELOPMENT CONTRACT

Director Connie Neininger presented the agreement for “Assistance in Planning and Implementing Economic Development Programs”. She said that everything is the same as last year. Last year the county paid the White County Economic Development Organization $99,000 as per the agreement. Commissioner Heimlich asked how much money is left over from the $99,000. Connie said that there is about $55,700 remaining.

Connie stated that she did make a report to the County Council on how the money was spent and she will continue to do this every year.

Connie reported that at this time no land options have been made on the Wolcott Corridor project but a meeting has been set up with one landowner that did have issues. That meeting is set for January 26, 2008.

Commissioner Burton said that the Economic Development Organization did also commit $25,000 to the Ivy Tech project for two years.

  • Commissioner Burton made a motion to approve the Economic Development contract as presented for 2008, seconded by Commissioner Schmierer. Vote: Unanimous

  • Councilman Kramer made a motion to approve the Economic Development contract as presented for 2008, seconded by Councilman Crabb. Vote: Unanimous

MEMORANDUM OF AGREEMENT FOR ASSISTANCE

IN PLANNING AND IMPLEMENTING

ECONOMIC DEVELOPMENT PROGRAMS

WHEREAS, the White County Council did adopt the County Economic Development Income Tax as set forth in Indiana Code 6-3.5-7, and

WHEREAS, the County of White, Indiana, shall receive funds from such tax, and

WHEREAS, the White County Economic Development Organization, Inc., is a not-for-profit corporation recognized as such by the Internal Revenue Service and the Indiana Department of Revenue, and

WHEREAS, the White County Economic Development Organization’s purpose is to assist the people and communities within the County of White, to develop and implement economic development projects and related activities, and

WHEREAS, the County Economic Development Income Tax Legislation permits the Board of Commissioners of White County and White County Council to contract with a not-for-profit corporation for the purpose of planning and implementing economic development programs, and

WHEREAS, the White County Economic Development Organization has the necessary expertise advise and aid the Board of Commissioners and County Council of White County in the development of its economic plan and the implementation of the necessary economic development programs.

NOW THEREFORE, WITNESSETH:

The Board of Commissioners of the County of White and the White County Council, State Indiana, do hereby retain the services of the White County Economic Development Organization, Inc., for the following purposes:

  1. Economic development planning.

b) Economic development marketing.

  1. Industrial park planning and marketing,

  2. Tourism planning and promotion,

  3. Industrial/business retention and expansion,

  4. Economic development grant writing,

  5. Strategic Planning,

  6. Community revitalization and development consulting and planning.

The effective dates of this Memorandum of Agreement shall be January 1, 2008 to December 31, 2008, and is subject to renewal upon an annual review by the Board of Commissioners of White County and the White County Council.

As compensation to the White County Economic Development Organization, the County of White, State of Indiana, shall pay to the White County Economic Development Organization $99,000 of White County’s Economic Development Income Tax allocation.

WHITE COUNTY RECYCLING

White County Recycling Director Dawn Girard presented the year end report for the Recycling Department.

Dawn said that she received $34,382 in grant funds last year and she used that money to buy a F-250 ¾ ton truck and magazine hopper which cost $33,382.

The total cost to run the facility in 2007 was $105,289 which was down $4,752 from the year before because of the increase of total receipts that the center collected.

The full detailed report is available for review in the Commissioners office.

PROPERTY TAX ASSESSMENT BOARD OF APPEALS APPOINTMENTS (PTABOA)

White County Assessor Karen Hatter requested appointments be made for the Property Tax Assessment Board of Appeals for 2008.

For the Commissioners, she is requesting the appointment for Robert Oilar, Freeholder, and Judy Bertram, Level II Certified Appraiser, to complete the appointments to the PTABOA Board. Both candidates have agreed to sit on the board.

  • Commissioner Schmierer made a motion to appoint Robert Oilar, Freeholder, and Judy Bertram, Level II Certified Appraiser, to the Property Tax Assessment Board of Appeals for 2008, seconded by Commissioner Burton. Vote: Unanimous

CONTRACTS FOR ASSESSING

White County Assessor Karen Hatter presented three contracts for assessing in 2008.

Mrs. Hatter said that she solicited and advertised for bids for the equalization/trending in White County. The following are the recommendations made:

Trending for 2008

Indianan Assessment $45,000

Manatron $1.00 per parcel $21,547

Residential – New Construction 2008

Indiana Assessment $14,250

Mrs. Hatter said that there are 950 parcels to assess at $15.00 per parcel.

Commercial Reassessment of New Property for 2008

Manatron $ 8,500

Assessor Hatter said that she does have the money in her 2008 budget to pay for all of the contract services.

  • Commissioner Burton made a motion to approve the Trending Contract with Manatron for $21,547, the Residential New Construction with Indiana Assessment for $14,250 and the Commercial Reassessment of New Property with Manatron for $8,500, seconded by Commissioner Schmierer. Vote: Unanimous

NORTHWEST INDIANA SOLID WASTE DISTRICT

County Commissioner Steve Burton said that last year the county submitted the payment for the employees (2) of the North West Indiana Solid Waste District’s and at the end of the year they reimbursed the county.

This was something that was overlooked. Now, knowing that they are not “county employees” do we still want to offer them this life insurance benefit and continue to have them reimburse us every year. Currently, the county does process their payroll and they do have the choice to take the county’s insurance. Commissioner Burton asked if the county wants to continue to offer them the life insurance as well.

HIGHWAY DEPARTMENT

White County Highway Department Steve Brooke said that he would like for the Auditor’s office to submit an itemized employee report to him listing his employees when he pays his HRA account for the medical insurance. The Auditor explained that this is not feasible because the county only receives one bill for all of the HRA employees. The Auditor’s office would have to black out all of the employees, except the Highway, and their social security numbers and send it to Mr. Brooke.

Mr. Brooke asked if the county would pay for his employees HRA account funds out of their budget, which is legal,rather then him paying for it out of his funds from the State.

Councilman Kramer said that the county should pay it because if we don’t then he will come back to us in 2008 for an additional appropriation to cover those cost.

  • Commissioner Schmierer made a motion to pay the County Highway’s employees HRA out of the County’s budget, seconded by Commissioner Burton. Vote: Unanimous

LONGEVITY

White County Attorney George Loy said that he has drafted an ordinance based on the Work Study Committee’s recommendation.

  • Commissioner Schmierer made a motion to adopt Ordinance No. 08-01-21-02 on the first reading Amending Longevity Pay For White County Employees, seconded by Commissioner Burton. Vote: Unanimous

  • Commissioner Schmierer made a motion to adopt Ordinance No. 08-01-21-02 Amending Longevity Pay For White County Employees, seconded by Commissioner Burton. Vote: Unanimous

ORDINANCE NO. 08-01-21-02

WHEREAS, the White County Council Work Study Committee has reviewed and recommended amending the longevity pay schedule for full-time county employees and appointees; and

WHEREAS, the White County Commissioners, after review and consideration of said recommendations, accordingly approves amending said longevity pay schedule;

NOW, THEREFORE, BE IT HEREBY ORDAINED, by the Board of Commissioners of White County, Indiana, that the White County Salary Ordinance and personnel policy manual should and shall be herby amended as follows:

Section 1: A full-time employees, including appointed employees and department heads of White County shall receive, in addition to

his/her regular salary, longevity pay as determined by the following schedule:

    1. After two (2) full consecutive calendar years of employment, a One Hundred Dollar ($100.00) bonus will be added to his/her gross annual salary.

    1. After three (3), four (4), and five (5) years of consecutive employment, an additional Fifty Dollar ($50.00) will be added each year cumulatively.

    1. After six (6) through ten (10) consecutive full calendar years of employment a One Hundred dollar ($100.00) bonus will be added each year cumulatively.

    1. After eleven (11) through twenty (20) consecutive full calendar years of employment a One Hundred Fifty dollar ($150.00) bonus will be added each year cumulatively.

    1. After twenty-one (21) consecutive full calendar years of employment a Two Hundred Dollar ($200.00) bonus will be added each yer cumulatively. This longevity pay bonus structure maximizes at this point at Two Thousand Four Hundred Fifty dollars ($2,450.00) per year.

The following longevity pay chart shall illustrate the longevity pay for consecutive years of completed years of service:

COMPLETED YEARS OF SERVICE LONGEVITY PAID THE ENSUING YEAR

  1. $0

  2. $100.00

  3. $150.00

  4. $200.00

  5. $250.00

  6. $350.00

  7. $450.00

  8. $550.00

  9. $650.00

  10. $750.00

  11. $900.00

  12. $1,050.00

  13. $1,200.00

  14. $1,350.00

  15. $1,500.00

  16. $1,650.00

  17. $1,800.00

  18. $1,950.00

  19. $2,100.00

  20. $2,250.00

  21. $2,450.00

LONGEVITY BONUS MAXIMIZES AT $2,450.00 PER YEAR

Section 2: Notwithstanding any provision herein to the contrary, the appointed department heads for the White County Highway Department and the White County Recycling Department shall be entitled to longevity pay in accordance with said department’s own longevity pay schedule instead of the longevity pay schedule set forth in this Ordinance.

Section 3: That this Ordinance shall be in full force and effect retroactively to January 1, 2008.

Section 4: That this Ordinance shall be in effect from and after its passage and adoption as provided by law.

NWISWD APPOINTMENTS

Commissioner Heimlich said that the City of Monticello has made the recommendation to the Commissioners for their appointment to the Northwest Indiana Solid Waste District Board members. They have recommended Bill Smith as the appointment and Dave Kelly being the alternate.

  • Commissioner Schmierer made a motion to appoint Bill Smith and Dave Kelly to the Northwest Indiana Solid Waste District for the City Monticello’s appointment, seconded by Commissioner Burton. Vote: Unanimous

There being no further business to come before the board, the Commissioners meeting was adjourned.

____________________________ ____________________________ _____________________________

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

Attest: ______________________________

Auditor: Jill Guingrich