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

Commissioners present were: President John C. Heimlich, Vice President Steve Burton, and Member Commissioner 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.


  • Commissioner Burton made a motion to approve the minutes from the regular meeting on May 19, 2008, seconded by Commissioner Heimlich. Vote: Unanimous


  • Commissioner Burton made a motion to approve the payroll for June 2, 2008, as presented, seconded by Commissioner Schmierer. Vote: Unanimous


  • Commissioner Burton made a motion to approve and pay the claims as advertised for June 2, 2008, seconded by Commissioner Schmierer. Vote: Unanimous


Commissioner Heimlich explained that HNTB, consultant that is assisting White County in revising the Area Plan Ordinance, has made the recommendation that our county adopts a “Right to Farm” ordinance.

Commissioner Heimlich said that there are currently several counties that already have this ordinance in place stating that if someone moves out to the country, you must be aware of the of the environmental aspects of the country life such as: noise, machinery, smells, application of pesticides, etc.

Commissioner Heimlich said that he gave examples of other ordinances from counties in our state and throughout the country to County Attorney George Loy. He said that some of them are pretty detailed and he felt that ours didn’t need to be that complicated.

Attorney George Loy said that the ordinances that he looked at from other states didn’t actually have the state statue that we have. He explained that Indiana has a statue that exempts farming operations as being grounds of a nuisance.

Attorney Loy said that it is unnecessary to adopt an ordinance, so he prepared and presented a notice that will go to every applicant that applies for a building permit.

  • Commissioner Schmierer made a motion to adopt the Right to Farm Notice as presented, seconded by Commissioner Burton. Vote: Unanimous

White County Area Plan

Notice of Agricultural Operations



This notice is given to you because of your application for a location improvement permit to build or move a home into, or to rezone, an area of White County which is in the vicinity of agricultural operations.

Indiana Code 32-30-6-9 protects agricultural operations from private or public nuisance suits by neighbors moving to the vicinity of existing agricultural operations. Agricultural operations do not constitute a nuisance under Indiana law so long as they are not negligently operated. Agricultural activity may include, but is not limited to, grazing of livestock, confined feeding of livestock, application of animal manure to land, application of pesticides to fields and growing crops, creation of dust from field operations and noise from livestock and machinery operations. Persons choosing to move to the vicinity of these agricultural areas must understand that agricultural operations may be occurring nearby.

White County is providing you this notice to confirm that you are aware of and understand Indiana law prior to you issuance of a White County location improvement permit or consideration of your request for rezoning. By receipt of this notice you are not giving up the right seek redress for a nuisance resulting from the negligent operation of a agricultural operation or its appurtenances, but only that you have been advised of the foregoing and understand the same. Please review Indiana Code 32-30-6-9 in its entirety for further details.


White County Recorder Paula Lantz appeared before the Commissioners saying that all of the NACO Prescription Cards and posters are now distributed out to the sites (pharmacies, convenient stores, libraries). She said that the feedback has been unbelievably overwhelming.

Mrs. Lantz thanked the Commissioners for allowing this to happen in White County and she said that the citizens are very thankful as well.

Commissioner Heimlich asked if people have been using the cards. She said that the day after it was ran in the newspaper, she started receiving calls at work, people were stopping her at the store, etc. A lot of people are already using this for their medication that they couldn’t afford before now.

Commissioner Burton expressed his thankfulness to Paula Lantz for taking on this project and getting it done.


White County Recorder Paul Lantz updated the Commissioners about the addendum to the Fidlar Software Contract on February 4, 2008. At that meeting the Commissioners approved the addendum to the contract allowing subscribers to subscribe to the property fraud alert for a fee of $12.99 per year.

Since that meeting, Mrs. Lantz said that a lot of the Recorder’s in the state now feel that this service should be provided to the taxpayers as a free service. Mrs. Lantz said that White County can provide this free service to the taxpayers by increasing the Fidlar to County fee for our external Laredo by $10.00. She said that we, White County, currently only have one user for the Laredo (Recorder’s information over the Internet) and the cost will be very minimal.

This will allow all of White County residents to access the Property Fraud Alert, put their names in, and be alerted by email if there is any activity to their name. Mrs. Lantz said that in Marion County there was over 300 cases of property fraud reported.

White County Auditor Jill Guingrich asked how she was going to inform the public that this is available. Mrs. Lantz said that there will a card sent out and she is also hoping to spread the word with the local newspapers. The public will have to sign up via the web site.


Commissioner Heimlich said that he received a call from a conservation officer about people driving on the county roads with 4-wheelers for farming purposes. Commissioner Heimlich said that he was told that it is illegal unless the County adopts an ordinance that legalizes it.

Commissioner Heimlich asked if there is any interest pursuing this. Commissioner Schmierer asked if they allow 4-wheelers to be legal on county roads will this make the county liable for any deaths that would occur. White County Attorney George Loy said that the County would not be responsible for someone else’s negligence.

Commissioner Heimlich said that he would like to check with other counties comparing their ordinances but he recommends that we stipulate an age limit, certain roads, etc. He said that it does seem to be a problem for these people, farmers, using them and being threatened by Sheriff Deputies.


White County Economic Development Director Connie Neininger presented two new change orders to the Commissioners.

The first change order for $566.50 is to supply and install aluminum thresholds in some doors. She said that they had to cut some new doors in and when the door frames were installed they were not level with the floors. These had to be specially ordered.

The second change order is for $2,250.00. The Building Inspector requested us to install mechanical insulation on all of the existing PVC pipes. This is now a fire requirement.

That now brings the total amount in change orders to be $16,211.50.

Commissioner Heimlich asked if they are still on schedule to the completion date. Connie said that the contractor was pushing for a July 1st date but they will be a little behind that now because of NIPSCO. The County’s date for them to be completed is set for August 1st.

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

President Richard “Buzz” Horton Raymond “Butch” Kramer Denny Cain

Kevin “Casey” Crabb Bruce Clear Gary Hendryx

Councilman Dennis Carter was absent.


Commissioner Heimlich said that the last meeting on May 19, 2008, there were some questions raised about the proposal.

One of the concerns was not knowing how much the exact cost was going to be and the proposal being written on an hourly basis. Commissioner Heimlich said that a conference call was made last week with Mr. Samuelson, Councilman Horton, Commissioner Burton, and County Attorney George Loy.

Councilman Horton said that Mr. Samuelson had reassured him that this proposal is “loose ended”. He said that Commissioner Burton had questions about the software not being developed properly. He said that Mr. Samuelson confirmed that there would be adjustments along those lines.

Commissioner Schmierer said that he had seen in the minutes that there was a cap in the proposal not to exceed $40,000. He was concerned if this was going to bring on additional work to the employees in the Auditor’s office and if so, was it going to hold us up because they are already busy.

Commissioner Heimlich said that Mr. Samuelson had mentioned that a lot of the information will come from the state level.

Councilman Horton stressed to everyone that HB 1001 will not impact the county immediately. He said that Mr. Samuelson will not have those figures to the county by budget time. Our county has a little bit more time then others but Mr. Samuelson will have a cash flow for us. Caps won’t affect our county materially until 2010.

Commissioner Burton said that his interpretation from the conference call was that it was not Mr. Samuelson’s intent to spend the $40,000 but they weren’t for sure how fast or how long it would take. Mr. Samuelson had told him that the county can cap this at any time.

Commissioner Heimlich said that the county could lower the cap amount.

Councilman Cain suggested appointing a certain person to work with Umbaugh on a regular basis to keep track of everything that will be going on and making sure that they are going in the right direction and not slide off track. Councilman Horton volunteered to be that person.

Commissioner Heimlich said that he expects Umbaugh to come to the meetings and give them regular updates on what is going on.

  • Commissioner Schmierer made a motion to enter into a contract with Umbaugh for the analysis of property tax reform impact, seconded by Commissioner Burton. Vote: Unanimous


Commissioner Burton said to the Highway Supertindent Steve Brooke that with the rising cost of diesel fuel discussions need to be made about the county vehicles being taken home by the employees.

Mr. Brooke said that when the county starts paying their employees more than $30,000 a year, then maybe it will be fair. He said that he will stand up for his employees and he’s not going to change.

Commissioner Burton said that when the diesel cost gets to $5.00 per gallon then those employees are getting a greater benefit then the other employees.

Mr. Brooke said that when the Sheriff’s Dept. or any other emergency personnel calls they expect the Highway Dept. to be there as quick as the phone call. He said it’s going to take a lot longer if he has to come in and open the office and wait for the employee. He also pointed out that he pays the employee from the minutes they leave their house.

Commissioner Burton asked at what point do you stop. He said that he wasn’t expecting any changes today but felt that it needs to be discussed.

Mr. Brooke said that he is against it.

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

______________________________ __________________________ _____________________________

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

ATTEST: _______________________________

Jill Guingrich, Auditor