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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on February 19, 2008, at 8:00 a.m. in the White County Building, 2nd floor Commissioners’ Conference room.

Commissioners present were: President John C. Heimlich and Vice President Steve Burton. Commissioner Ron Schmierer was absent. 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 Burton made a motion to approve the minutes as presented for the regular meeting on February 19, 2008, seconded by Commissioner Heimlich. Vote: Unanimous

PAYROLL

  • Commissioner Burton made a motion to approve the payroll as presented for February 25, 2008, seconded by Commissioner Heimlich. Vote: Unanimous

IVY TECH - INSURANCE

White County Economic Development Director Connie Neininger requested the Commissioners to sign off on a letter to Travelers Insurance. The letter indicated that from January 23, 2008, White County had no losses or are aware of any circumstances that might arise in a loss.

The Commissioners approved the letter.

AREA PLAN

Area Plan Director Diann Weaver presented the following rezoning request to the Commissioners:

Rezoning Petition #949

Anliker Family Trust is requesting to rezone 245 acres from an A-1 (Agriculture) to I-2 (Heavy Industrial). The property is located South of Monon, between U.S. 421 and C.R. 100 E. and between Quarry Road and 500 N.

This request was heard at a public hearing with the Area Plan Commission. APC recommended this petition to the Commissioners by a vote of 7 yes and 1 no. Diann said that there were people at the meeting opposing this request.

Commissioner Heimlich asked if there was anyone present to speak about this request.

Attorney Steve Meyer, Ball Eggleston Law Firm in Lafayette, appeared representing Richard Boehning who has interest in the project because he owns property that is near the proposed site on 421. He requested the Commissioners to think about the rezoning before they make an approval.

Mr. Meyer presented a list of concerns about the area that will be transposed to a mining operation. He said the environmental impact and economic impact of the mining should be strongly considered. He described how this will be a much more intense process than what exists at the current quarries. He said that when mining lime, the process is to dig deeper and the kilns that heat the lime will be burning continually.

Mr. Meyer argued that when Synergy Management gave their presentation to the Area Plan Commission they did not provide any details about dust control, where the plant will be located, the rate of excavation, a survey plan, details of the process, information on buffer yards and landscaping.

Mr. Meyer also voiced his concern over what the procedures are going to be once the big hole is in the ground. What are the plans of Synergy Management to reclaim it and how are they going to protect the property for the property owners.

Commissioner Burton asked Mr. Meyer if Mr. Boehning lives on the property north of the proposed project. Mr. Meyer said that Mr. Boehning does not currently live on the property. He is currently renting the property out to Vulcan.

Rob Bolt, representing Synergy, appeared addressing some of Mr. Meyer’s concerns. First, he stated that Mr. Meyer is representing a landowner that is receiving a royalty arrangement with Vulcan.

Mr. Bolt said that the plant will meet and exceed all environmental concerns. As the process moves along, he said that they will be giving more details. Once the site has been secured the company will begin to spend more money on engineering and the plan layout. He explained that the kilns and the plants will be located below the ground and the roads in the quarry will be asphalted because of the dust control. The trucks in and out of the quarry will also be kept clean due to the dust control.

Mr. Meyer said that the lack of detail that Mr. Meyer is complaining about is not true. The education and general overview that they have been giving has been phenomenal.

Connie Neininger, White County Economic Development Director, appeared before the Commissioners supporting the project. She said that this business will produce more than 30 jobs and the project will be a $70 million investment to our county. Connie said that she has been working with Synergy for several months now and they cannot proceed any further until this property is rezoned.

Commissioner Heimlich asked if there was anyone else wishing to speak to this request.

  • Commissioner Burton made a motion to approve rezoning petition #949 (Ordinance #526-08) rezoning 245 acres from an A-1 to an I-2 for the Anliker Family Trust for property located South of Monon, between U.S. 421 and C.R. 100 E. and between Quarry Road and 500 N., seconded by Commissioner Heimlich. Vote: Unanimous

AMEND LEGAL DESCRIPTION ON VACATED ROAD – ATTORNEY DELLINGER

Attorney Dowal Dellinger appeared before the Commissioners presenting an amended ordinance for the road vacation that was approved at the Commissioners meeting on January 21, 2008. After filing the paperwork with the Auditor’s office, they had found a discrepancy in the legal description. The legal description no longer includes Lots 1 and 2 and they also changed the legal name of the Petitioner in the ordinance.

Attorney Dellinger said that they did re-advertise everything and re-submitted the certified mailings as well as holding the initial hearing at the last Commissioners meeting on February 4, 2008.

  • Commissioner Burton made a motion to approve the Amended Ordinance 08-0121-01changing the legal description and the Petitioners legal name for the vacated roadway, seconded by Commissioner Heimlich. Vote: Unanimous

ORDINANCE NO. AMENDED 08-0121-01

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 3, 5, 6, 7, 8, 15, 16, 17, and 21 and being all of 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 21 and 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 Lot2, 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 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 7.67feet 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 MIMAR DEVELOPMENT, LLC.

The Auditor of White County, Indiana, shall enter the vacated 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 members present were:

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

Gary Hendryx Dennis Carter Dennis Cain

Kevin “Casey” Crabb

REPORTS

E-911

E-911 Director Terri Conwell presented her monthly report for January. She reported that the department received 1,219 – 911 calls, 8,279 Admin calls, and 213 ambulance run calls. A high volume of these calls were because of the flood. Terri felt that her department did a great job during that time.

Terri is currently advertising in the newspaper for a part-time dispatcher. Within the next few months her department will also be starting recertifications in CPR, EMD and Idacs.

BUILDING INSPECTOR

White County Building Inspector Dave Anderson reported that he had eleven flood permits issued last month. Thirty-five permits were issued last month and five of them were for new houses.

Commissioner Burton complimented Dave Anderson on dealing with the public that is coming in with flood problems. He said that Mr. Anderson is in a very tough situation and he is definitely earning his pay.

ENVIRONMENTAL OFFICER

White County Environmental Officer John Raines presented his Complaints and Violations report for January 2008.

LAKEVIEW HOME

Lakeview Home Director Kae Fuller presented her monthly report. She said that the home is still open for a shelter for the flood victims and there are still people coming in and staying for a night or two.

Kae presented a list of things that need to be repaired at the home and she asked the Commissioners what they would like her to do. The Commissioners said that they will get back with her on this.

HOSPITAL

White County Memorial Hospital CEO Paul Cardwell appeared presenting the Financial Analysis Report for January 2008.

Mr. Cardwell reported that the Influenza Flu has definitely hit our area.

They had a very good revenue month for January being $3.22 million and a strong net gain of $356,000. Their cash position remains strong at $7.5 million.

Everything seems to be on schedule with the construction and now the Medical Arts Building is completed. They are working very deeply with purchasing the equipment for the new hospital.

ECONOMIC DEVELOPMENT

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

Connie said that she has received several leads coming in over the internet looking for existing buildings.

Connie is holding the White County Economic Development Annual Luncheon on Friday, February 29th from 11:30 a.m. to 1:00 p.m. at the Brandywine Convention Center.

Connie said that White County has been chosen as a pilot community for the Hometown Competitiveness. This is a Community Economic Development Planning Process with six State and Federal agencies that will be helping us with this project. This project will last for about 2 ½ years. A five member team has been selected as follows: Connie Neininger, Greg Bossaer, Janet Dolt, Leslie Goss, and Barry Haskins.

Ivy Tech

Connie said that they have ran into some issues with the Ivy Tech building. In the past the roof was leaking and they have now found a lot of mold in the insulation and on the drywalls. Since all of this will have to be replaced there will be a change order submitted for about $5,082 to add new insulation and drywall to that area.

HORIZON WIND ENERGY

Martin N. Culik and Ryan Brown, Project Managers for Horizon Wind Energy, appeared before the Commissioners and Council members giving a detailed PowerPoint presentation.

Horizon Wind Energy is owned by Energias de Portugal (EDP) and they develop, construct, own and operate wind farms throughout the U.S. and are currently ranked fourth in the world for wind energy production. Their company headquarters are in Houston, Texas and employees over 200 people and they have developed more than 1,400 megawatts of operating wind farms.

In the U.S., Horizon has active projects and projects they have developed in Illinois, Texas, Oregon, Washington, Iowa, Oklahoma, Pennsylvania, New York and Minnesota.

Horizon Energy has been meeting with landowners since November 2007 and meteorological towers were installed in April of 2007. An aviation study, a bird and wildlife study and a communication study have been completed.

Horizon has applied for a permit for 600 megawatts and also an additional 400 megawatts. They would like to see the White County project be 10,000 megawatts. The towers are about 1,000 feet side by side and they are looking at a linear pattern for this area.

The next step for Horizon Energy is to complete the studies and to consult with the Indiana Department of Natural Resources, the U.S. Fish and Wildlife Service and the Federal Aviation Administration. They will also apply for a special county use permit and a permit from the U.S. Army Corps of Engineers.

Mr. Culik said that he feels confident that this project will be built and construction could start in the summer of 2009.

GOVERNMENTAL CONSULTING SERVICES

Melissa K. Ambre, Executive Director, appeared before the Commissioners and Councilmen giving an introduction on her business. Governmental Consulting Services provides local government officials in Indiana a broad range of services that includes offering budget training, assisting with GASB 45, local pension plans and employee benefits, conducting financial health analysis, assisting with financial side of capital projects and working with counties to establish county tax and capital project review boards and developing capital project plans.

MONTICELLO FIRE DEPARTMENT – CHIEF SWAIM

Monticello Fire Department Chief Shane Swaim said that after a meeting with the White County Fire Chiefs Association last year, he applied for a grant in April of 2007. The Monticello Fire Department has applied for a $650,000 grant so that the White County Fire Departments could receive new 800 megahertz portable radios.

Chief Swaim provided a breakdown of the total number of radios and other equipment that they will receive and distribute to the different departments. Besides the new portable radios they will also receive new mobile radios and the 911 dispatch could receive a computer-assisted dispatch system (CAD).

Chief Swaim said that Gordy has also applied for a grant which is over $1 million. Gordy’s grant will provide 800 MHz portable radios to all the county emergency departments which include police, fire, 911 dispatch, ambulance and the emergency management agency. He said that if his grant gets awarded then it will take away money from Gordy’s grant.

Chief Swaim asked the Commissioners if the County would pay the match that is needed for his grant since it will be servicing the county.

Commissioner Heimlich asked how much match money was required for Gordy’s grant. Chief Swaim said that Gordy’s grant has no match and it is paid 100%.

E911 Director Terri Conwell said that she just priced out a CAD system and found out that one could cost up to $200,000. She said that she has begged Gordy for years to give her some 800 MHz portable radios to have for back up but he has never given any to her.

An EMA volunteer that works for Gordy explained at the meeting that both grants are not going to be awarded, one of them will be cancelled out because their both for the same thing.

Commissioner Burton said that he would like to check things out and see if both of these things could work because he doesn’t want to see Gordy’s grant closed out.

INKEEPERS TAX

Council President Horton announced that there was a really good article in the Lafayette paper last week on the Inkeepers Tax in Tippecanoe County.

He said that there are three things that we need to know in White County.

  1. The rate has always been and is current 3%.

  2. White County takes in about $145,000 a year.

  3. Since the beginning, 100% of the money has been spent on silt removal.

From the article, Councilman Horton said that if they change the law it will have very little impact on White County.

At this time, the Council 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 Ron Schmierer, Member

ATTEST: ______________________________

White County Auditor Jill Guingrich