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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday August 4, 2008, at 8:00 a.m., at the White County Building, 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 and the Commissioners’ Assistant Donya Tirpak. Absent from the meeting was the Auditor, Jill Guingrich.

Commissioner Heimlich called the meeting to order.

PAYROLL

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

CLAIMS

  • Commissioner Burton made a motion to approve and pay the claims as advertised for August 4, 2008, seconded by Commissioner Schmierer. Vote: Unanimous

HAPPY TAILS

Happy Tails Director Anna Kimberly appeared before the Commissioners requesting funds to help support Happy Tails.

Mrs. Kimberly presented a packet to the Commissioners detailing their business plan. She said that they are aware that the county has budgeted $24,000 a year for stray animals in the county.

An estimated budget was presented to the Commissioners for the Happy Tails Construction. It showed that they need $41,275to get the building up and running. After that, they will need an estimated operating budget of $8,150.

In the packet they presented the cost of adopting the animals will be $80.00 for cats and $125.00 for dogs. They will also provide spay and neuter services to the public for a fee.

Mrs. Kimberly presented a copy of an invoice from Monon Veterinary Clinic showing that six animals were euthanized in one month. She said that currently the veterinarian holds the animals for three days and then puts them down. This fee to the county cost $50 to $75 depending on the size of the animal. Happy Tails would like to see the county pay them $60 for every animal that they save from being euthanized. This will save the county money and support Happy Tails’ efforts.

Commissioner Burton asked what they are going to do if they are not able to adopt out the animals. Mrs. Kimberly said that they are a no kill shelter so they will keep them as long as possible. She said that they do have a temporary space now until the building is ready.

Commissioner Heimlich asked what they are going to do when they have too many animals. Mrs. Kimberly said that they will be limited on how many they can have and if that limit is reached, the animals will not be picked up from the veterinarian’s office. After three days, they will be put down.

Michelle Rogers, Vice President of Happy Tails, said that Cass County’s shelter is fully funded by the county. That shelter has their own incinerator and last year they put down half of the animals that they took in. She said that they do not want to be fully funded by the county. They want to keep the routine the same with the animals going to a veterinarian clinic first to avoid getting animals with diseases.

Commissioner Heimlich said that they will not make a decision today but they will take the information presented and look everything over.

PROPOSED MATRIX SYSTEM

Mary Jo Pool, Consultant and former Auditor, appeared on behalf of the County Council and the Work Study Committee.

Ms. Pool presented to the Commissioners a worksheet that shows the recommendation of the Salary Matrix System and the Administration levels. The Council has already approved it but they would like the Commissioners to put it into an ordinance and approve it.

Ms. Pool said that the matrix is set up based on a 1 ½ % raise for everyone across the board but this could change at any time.

County Attorney George Loy said that the county will still have the issue of exempt verses non-exempt employees. Ms. Pool said that this is something that the council still needs to address.

Ms. Pool did not have a written ordinance at the meeting but a memo stating:

The White County Council Recommends the County accept the Salary Matrix System and the Administrative Levels, which the work study committee has presented. These will be effective January 1, 2009. The Council requests to eliminate the new employee 90% hire immediately. The new employee will receive a salary based on the responsibilities, the job description, and their qualifications for the position being filled. All new employees’ salaries are to be approved by the White County Council.

The Matrix System is a projection only. The Council has the authority to set the salaries at budget time, as they deem fit.

The five administrative levels provide the job level, which a new employee should hire into, depending on their skill level. Present employees may be moved into a higher level, with the council’s approval. The department heads have a copy of the matrix system and the administrative levels. Copies of such are available at the Auditor’s office.

Approved by the White County Council, May 19, 2008.

White County Attorney George Loy said that he would take this information and put it into an ordinance.

  • Commissioner Burton made a motion to approve Ordinance #08-08-04-01, establishing the Matrix for the Salary Ordinance and the Administrative Levels, seconded by Commissioner Schmierer. Vote: Unanimous

IVY TECH PROJECT

Connie Neininger, Economic Development Director, presented Change Order #6 for $3,026.34. The change order covers the following:

1. Supply improved Best premium lockset cores in lieu of standard cores $440.00

2. Fill door openings with thresholds $448.34

3. Install an open site drain through exterior wall for condensate from air dryer to drain into $548.00

4. Provide electric to water heater $1.590.00

In the change order, Connie provided a proposal for $448.34, which will provide new thresholds to four doors making them wider. Commissioner Heimlich said that he attended the last two construction meetings and he said that this was discussed in detail during those last meetings.

Commissioner Heimlich said that he also discussed the water heater issue (no electricity) with the architect and contractor at the last construction meeting. He is confident that they are going to absorb the $1,590 cost.

Commissioner Heimlich said that he also discussed with the contractor the other issue with the patched concrete on the exterior wall of the building that they damaged. The contractor agreed that they were not satisfied with the work and they are going to go back and repair it.

Connie said that the seal coating for the parking lot will be started on August 11 and the furniture and equipment will be delivered this week.

Commissioner Heimlich said that they could approve the change order with the exception of the $1,590 for the electricity for the water heater.

  • Commissioner Burton made a motion to approve Change Order #6 totaling $3,026.34 with the stipulation that the county is not liable for the $1,590 fee, seconded by Commissioner Schmierer. Vote: Unanimous

Connie explained that when the building was inspected by the local Building Inspector, Mike Rupel, he suggested that exit signs be installed above four exit doors. After the exit signs were installed and the State Fire Marshal came to make his inspection, he said that the rule is that if there are exit signs above the doors there now must be emergency lever handles on the doors.

Connie said that the Indiana Code states that if the capacity is fifty or more then a second egress/ingress is required. She said that all of the rooms have less then fifty capacities. Connie said that this was not added in during the original planning because they did not count these doors as egress/ingress into the rooms because of the capacity.

Connie presented a proposal of $2,090 to have these installed. Taking down the signs the county might be at risk if something should ever happen.

Mr. Rupel, Part-Time Building Inspector, said that he did not require the exit signs to be there but he did suggest it to the contractor and it was up to them to make the call. Mr. Rupel felt that the county could take down the exit signs and this would eliminate the panic hardware.

The Commissioners will attend the next construction meeting to discuss this further.

Connie also reported that the tuck-pointing was completed and an invoice was turned in. She inspected the building and said that it was not done to her satisfaction. She said that she called and made an appointment with the tuck pointer to meet at the site and she will go over the issues with him.

Connie informed that Commissioners that as soon as the county receives the certificate of occupancy the Builders Risk Insurance policy will transfer to a permanent policy.

BRIDGE 91 & BRIDGE 92 SUPPLEMENTAL AGREEMENTS

Mike Obergfell, USI Consultants, appeared before the Commissioners presenting Supplemental Agreements for Bridge #91 (West Shafer Drive over Hoagland Bay) and Bridge #92 (West Shafer Drive over Big Monon Bay).

Mr. Obergfell said that a big part of the cost for the agreements is from the right-of-way acquisition services. This amount was not originally added in the agreements because they were not aware of how many parcels were involved in the project. The other reason for the additional cost is the delay in Federal Aid Funding approval for the project, which delayed the start of the engineering by four years.

The original cost agreement for Bridge #91 was $121,425 and the Supplemental Agreement is for an additional $85,289.64. This puts the cost of replacing Bridge #91 at $206,714.64.

The original cost agreement for Bridge #92 was $127,875 and the Supplemental Agreement is for an additional $29,983.65. This puts the cost of replacing Bridge #92 at $157,858.65.

  • Commissioner Burton made a motion to approve the Supplemental Agreements for Bridges #91 & #92 from USI Consultants, seconded by Commissioner Schmierer. Vote: Unanimous

 

PETITION FOR VACATION OF A PUBLIC ROADWAY

Gilda Hickman, representing Pride Properties, LLC, appeared before the Commissioners presenting a petition for vacation of a public roadway in Liberty Township. Pride Properties, LLC, is the petitioner and the property landowner.

Mrs. Hickman said that they are requesting the road to be vacated because this is an old road that is non-existent and they are trying to clean up the loose ends of the property. She said that they have applied for a variance to split off Lot 1 and the platted roadway is running through both lots.

The roadway is located at the property of 3546 N. Shore Acres Court, Monticello. The petition was legally advertised in the Herald Journal and legal notices were sent to the adjacent property owners.

Commissioner Heimlich asked Mrs. Hickman how there would be access to the driveway of Lot 2 if there were no roadway. Mrs. Hickman said that if they vacate the roadway that they (Lot 2) could still have use of the roadway.

Commissioner Heimlich asked what they are planning on doing with the property. Mrs. Hickman said that currently Pride Properties owns both lots and they have applied for a variance to separate Lot 1 off Lot 2. They do have enough room for four parking spots if the lots are separated but they also do have someone interested in buying the whole thing.

The Commissioners did receive a written letter opposing the petition request on July 21, 2008, from Lawrence Hashu, which he owns property adjacent to the roadway.

Mrs. Hickman was surprised to hear that a letter opposing the request was submitted from Mr. Hashu because she thought that the roadway went through his property.

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

Commissioner Heimlich said that when he went to look at the roadway there were some neighbors that talked to him about concerns that there was going to be another house built on Lot 1.

Mrs. Hickman said that if they do want to build a house on Lot 1 then the Board of Zoning would have to approve the variance before it is done.

Commissioner Heimlich asked Attorney Loy what the Commissioners charge is legally. Attorney Loy said that it is entirely discretionary. He said that they are supposed to consider objections. Attorney Loy did not have the statute in front of him but he had thought that it read that if the roadway is no longer necessary for county purposes, egress and ingress, it is entirely discretionary. He did say that it is platted as a county road.

Commissioner Schmierer asked the Area Plan Director if the variance that they are applying for would be based on whether or not the roadway is vacated. Mrs. Weaver said that the variance does include the road as being already vacated. Their meeting for the variance is August 21.

The Commissioners decided to table this issue and reschedule it on the agenda for the next meeting.

WHITE COUNTY AREA PLAN ZONING AND SUBDIVISION ORDINANCE

White County Area Plan Director, Diann Weaver, appeared before the Commissioners requesting them to repeal the current Zoning Ordinance and Subdivision Control Ordinance.

Mrs. Weaver presented a copy of the proposed Zoning and Subdivision Ordinance, Amendments that were approved at the Area Planning Commission meeting last week, and a list of suggestions on revising the fee schedule.

Commissioner Heimlich said that the Area Plan Commission held a public hearing on July 28, 2008, and asked Mrs. Weaver if there was any public input at the hearing. Mrs. Weaver said that the amendments that she is presenting today are results from the public at the meeting.

At this time, Mrs. Weaver briefly read over all of the amendments to the Commissioners.

Commissioner Heimlich asked the other Commissioners if they had any questions on the amendments that were approved by the APC. No response.

Commissioner Heimlich asked if there were any other public input, questions, or comments. No response.

Commissioner Burton and Commissioner Heimlich complimented all of the people involved that put in a lot of time to make this happen.

Having a couple APC and BZA board members present during the meeting, Commissioner Heimlich had some questions to ask in regards to the substantial fee increases.

Don Ward, APC board member, said that the APC board felt that the fees were excessively low.

Commissioner Schmierer felt that the proposed fee schedule was a little out of hand raising the fees 50% to 75% with the way the economy is today. He questioned why they tripled the cost for the special exception fees.

Mrs. Weaver explained the special exception fees were raised from $100 to $300 because these items are more detailed and they require more involvement because they are usually controversial. The APC board felt that since so much time was being spent with special exceptions, they felt that the $100 fee was not adequate. BZA board member Gerald Cartmell said that in reference to that would be the stone quarry in Monon.

Commissioner Schmierer said that he understands all of their reasoning but they need to realize all of the revenue that is coming back into the county. He commented that all of this extra work is just what we pay in order for our county to progress.

Commissioner Heimlich said that he also had concerns with the special exception fees because the new ordinance does have a lot more requirements for special exceptions.

Commissioner Heimlich said that they were not going to adopt the fee schedule today and they would like to have more time to talk to the other board members and look the fees over.

Commissioner Burton pointed out the fee schedule was just amended in December 2007 and questioned when the last time was prior to that, that the fees were changed. Mrs. Weaver said that it was prior to her being director which would have been in 1995.

Commissioner Heimlich asked Mrs. Weaver if she has presented the proposed ordinance to any of the towns/cities. Mrs. Weaver said that she was waiting for the Commissioners to adopt it first then she was going to contact the cities. She said that she did send out three copies to some towns and she has not heard any comments.

  • Commissioner Burton made a motion to suspend the rules to consider adoption of the new ordinance on the first reading, seconded by Commissioner Schmierer. Vote: Unanimous

  • Commissioner Schmierer made a motion to repeal the current Zoning and Subdivision Ordinances in their entirety and replace with the new Zoning Ordinance #08-08-04-02 and the new Subdivision Ordinance #08-08-04-03, seconded by Commissioner Burton. Vote: Unanimous

Commissioner Heimlich said that now they have the matter of the fee ordinance and the fine ordinance where the new adopted ordinance states that the Commissioners will approve those. He said that since these are separate ordinances that they will leave the current fee schedules as is and they would revisit them at the next meeting.

 

ZONING ORDINANCE OF WHITE COUNTY, STATE OF INDIANA

ORDINANCE # 08-08-04-02

AN ORDINANCE CLASSIFYING, REGULATION AND RESTRICTING THE SIZE OF BUILDINGS; THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES; THE DENSITY OF POPULATION; THE LOCATION AND USE OF BUILDINGS AND LAND FOR AGRICULTURE, TRADE, INDUSTRY, RESIDENCE AND OTHER PURPOSES; CREATING DISTRICTS FOR SAID PURPOSES AND ESTABLISHING THE BOUNDARIES THEREOF; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; THEREFORE:

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WHITE COUNTY:

SHORT TITLE

This ordinance shall be known, cited, and referred to as “THE WHITE COUNTY ZONING ORDINANCE.”

PROVISIONS OF THE ORDINANCE DECLARED TO BE MINIMUM REQUIREMENTS

In their interpretation and application, the provisions of this ordinance shall be the minimum requirements, adopted for the promotion of the public health, safety, and the general welfare. Whenever the requirements of this Ordinance are at variance or in any other way conflict with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive, or that imposing the highest standards, shall govern.

SEVERABILITY CLAUSE

Should any section, subsection, paragraph, subparagraph, clause, word or provision of the ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any other part thereof other than the part so declared as to be unconstitutional or invalid.

REPEAL OF CONFLICTING ORDINANCES

All previously enacted zoning ordinances are hereby repealed.

WORD MEANING

Words used in this Title are intended to have their common and ordinary meanings, unless more specifically defined.

AMENDMENT

The White County Zoning Ordinance may be amended by the Board of County Commissioners in the manner provided by statute.

STATE STATUTES

The White County Zoning Ordinance is enacted based upon the Indiana State Statutes as of the effective date and hereafter enacted.

SUBDIVISION ORDINANCE OF WHITE COUNTY STATE OF INDIANA

ORDINANCE # 08-08-04-03

AN ORDINANCE REGULATING THE DIVISION AND REDIVISION OF PARCELS; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; THEREFORE:

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WHITE COUNTY:

SHORT TITLE

This ordinance shall be known, cited, and referred to as “THE WHITE COUNTY SUBDIVISION ORDINANCE.”

PROVISIONS OF THE ORDINANCE DECLARED TO BE MINIMUM REQUIREMENTS

In their interpretation and application, the provisions of this ordinance shall be the minimum requirements, adopted for the promotion of the public health, safety, and the general welfare. Whenever the requirements of this ordinance are at variance or in any other way conflict with the requirements of another lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive, or that imposing the highest standards, shall govern.

SEVERABILITY CLAUSE

Should any section, subsection, paragraph, subparagraph, clause, word or provision of the ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any other part thereof other than the part so declared as to be unconstitutional or invalid.

REPEAL OF CONFLICTING ORDINANCES

All previously enacted subdivision ordinances are hereby repealed.

WORD MEANING

Words used in this Title are intended to have their common and ordinary meanings, unless more specifically defined.

AMENDMENT

The White County Subdivision Ordinance may be amended by the Board of County Commissioners in the manner provided by statute.

STATE STATUTES

The White County Subdivision Ordinance is enacted based upon the Indiana State Statutes as of the effective date and hereafter enacted.

MONTICELLO FIRE DEPARTMENT – GRANT FOR RADIOS

Monticello Fire Department Chief, Shane Swaim, appeared before the Commissioners saying that he is representing the White County Chief’s Association. Mr. Swaim explained that last year they applied for a radio grant that will provide enough radios for every fire department in White County. He said that they were awarded the grant and in February of this year, he approached the County Commissioners requesting them to pay the matching funds of $67,000 for the grant.

Mr. Swaim also said that with the grant our E-911 department would receive a CAD system. He explained that currently their system does everything that the CAD would do but it will help benefit the police officers.

Mr. Swaim said that they have been looking for different ways to come up with the funding for the match money through grants but they did not meet the deadline.

White County E-911 Director, Terri Conwell, presented two proposals from two different CAD companies to give the Commissioners an idea of how much a system was going to cost. Terri said that she doesn’t want the Commissioners decision made based on her getting the CAD system for dispatch. She said that this is something that they might have to buy in the future and with the technology changing so much, the cost may raise substantially compared to today.

On one of the quotes that she submitted, the cost was a little over $94,000 with an annual maintenance agreement costing $10,000 and license fees to be $15,000 per workstation. Terri said that they don’t have to have a CAD system and with the way the economy is today this is not an expense that she wants to put on the county.

Mr. Swaim said that the grant could possibly be amended to take out the CAD system, which would be fine with him because all they are wanting are the radios and being able to communicate better.

A volunteer firefighter from the Chalmers Fire department said that they only have five radios for twenty men.

Gordy Cochran, Emergency Mgt. Director, said that the county’s going to have to do it eventually and this might be the last of the funds that the federal people are going to be handing out in a long time. With this grant and the grant that the Chief receives will put the county with over $2 million worth of radios for White County.

Chief Swaim requested from the County Commissioners 10% of the grant, which would be $67,000. This will supply radios for nine departments.

Commissioner Heimlich asked how much money was in the grant for the CAD system. Chief Swaim said that there was $112,000 in the grant for the CAD.

  • Commissioner Burton made a motion to propose putting up the match money for the radio grant with the CAD system removed, seconded by Commissioner Schmierer. Vote: Unanimous

C.R. 50 EAST

Don Ward, Consulting Engineer, appeared before the Commissioners presenting a Utility Agreement for CR 50 East. He said that he has them signed by the utility company saying that they will maintain their facilities in a safe manner.

Mr. Ward also discussed that the engineers were having troubles with the State trying to get approval to get started on the intersection. The driveway permit and the bond permit fee waiver did not go through electronically. This was a problem on the State’s end. Mr. Ward presented and requested an approval to submit a hard copy of the driveway permit to the State. PERMISSION GRANTED

Mr. Ward also submitted to the Commissioners a contract for inspection on C.R. 50 East. The contract is between White County and Don Ward with a maximum fee of $11,000.

  • Commissioner Schmierer made a motion to enter into an agreement with Don Ward for engineering services required in the inspection of construction of C.R. 50 East, seconded by Commissioner Burton. Vote: Unanimous

NORWAY BRIDGE

Don Ward reported that he has done a field survey on Norway Bridge for the repairs and he came up with about 1,000 tons of rip-rap and about 500 – 800 yards of soil that will have to be brought in. He said that the bridge had 36” of rip-rap and that is why it lasted so long. He will put 36” back in there but mentioned that a lot of the rip-rap went to the channel. He will see if NIPSCO will allow the water to be lowered to retrieve 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