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BE IT REMEMBERED, that the White County Commissioners held a special meeting on Thursday, August 21, 2008, at 8:00 a.m. at the White County Building, 2nd floor in the 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’ Secretary Donya Tirpak.

Commissioner Heimlich called the meeting to order.

AREA PLAN

Area Plan Director Diann Weaver presented the following rezoning petitions to the Commissioners for their approval.

Rezoning Petition #959

James C. & Margie L. Reynolds are requesting to rezone Lot number fifteen (15) and eighty (80) feet of even width off the entire west side of Lot number ten (10) in Leisure Acres Estates in Union Township from an A-1 (Agricultural) to an R-1 (One Family Residential).

This petition was heard in a public hearing by the Area Plan Commission on August 18, 2008. At that time there was no one opposing this request.

The Area Plan Commission voted to recommend this rezoning petition to the Commissioners by a vote of 7 yes and 0 no.

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

  • Commissioner Burton made a motion to approve the Rezoning Petition #959 (Ordinance No. 534-08) rezoning Lot number fifteen (15) and eighty (80) feet of even width off the entire west side of Lot number ten (10) in Leisure Acres Estates in Union Township for James C. & Margie L. Reynolds, seconded by Commissioner Schmierer. Vote: Unanimous

Planned Unit Development #08-11

Spears Beach Vue Resort, LLC, are requesting to rezone Lots number twenty-seven (27) and twenty-eight (28) in Untalulti Addition, Union Township from an L-1 (Lake Residential) to a P.U.D. (Planned Unit Development). The property is located at 2367 N. Untaluli Drive, Monticello. The Planned Unit Development is to be known as Spear’s Beach Vue Resort Condominium. They are proposing a maximum of 10 units to be located in 10 structures.

This petition was heard in a public hearing by the Area Plan Commission on August 18, 2008. The APC voted to recommend this amendment to the Commissioners by a vote of 6 yes and 1 no.

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

Attorney Donald K. Blair appeared representing Spears Beach Vue Resort, LLC.

White County Attorney George Loy asked if the fifth wheel RV trailer on Unit 16 was going to be removed. Mr. Spear said that the RV has been there for 30-40 years and until a unit is going to be built on the foundation, the RV will remain there. He stated that the RV is connected to the sewer system and it has been since 1968.

Attorney Loy said that he feels that it should be defined that the fifth wheel RV be removed.

Commissioner Heimlich asked Diann what the understanding was of the APC on the RV. Mrs. Weaver said that it was questioned if it was a unit and Attorney Altman stated that it was. There was no discussion from Mr. Spear’s side at the time.

County Attorney Loy suggested to the Commissioners that an option upon their approval of this ordinance would be a written commitment that the fifth wheel RV will be removed by a certain time.

Attorney Blair said that he would like to see the litigation resolved in the next thirty days. If it doesn’t get resolved, he said that it’s going to go on for a long while. He felt that the RV was the least of the county’s problems.

Commissioner Heimlich asked what litigation he is referring to because there are several. Attorney Blair said that there are two lawsuits right now. One has been filed by White County Area Plan Commission against Spear’s Beach Vue and Michael Spear. Because of that lawsuit, Mr. Spear has been sued by contract purchasers because he cannot give title to the real estate.

County Attorney Loy verified that Cindy Baker, Jason Price and Rodney Collins filed suit against Spear’s Beach Vue Resort because of title problems. As a result of this, Spear’s Beach Vue Resort and Mr. Spear has filed suit against the White County Area Plan Commission.

County Attorney Loy said that he is assuming that if this ordinance is approved that the lawsuit will be resolved. Attorney Blair said that this is his goal but if the lawsuit isn’t resolved, it won’t matter what the Commissioners do here today.

Commissioner Burton asked if this is being rezoned to a P.U.D. so that they can sell off the lots individually. Attorney Blair said, “Yes, there would be 10 units selling each one off as a condominium unit.”

Attorney Blair addressed the condominium issue by saying that the zoning ordinance has no bearing on condominiums whatsoever and that the lawsuit that the APC filed against Spear’s Beach Vue Resort should’ve never have been filed. He said that they have two expertises in the condominium field that will testify that the subdivision ordinance has no application, the zoning ordinance has no application to condominiums, and that Mr. Spear wasn’t in violation. If this lawsuit had not been filed, there would not have been a lawsuit from Baker, Price, and Collins.

County Attorney Loy said that Attorney May from Kokomo and Attorney John Million from Monticello represents the plaintiffs to the second lawsuit. County Attorney Loy asked if they were parties to Attorney Blair’s mediation agreement. Attorney Blair said, “No.”

Commissioner Heimlich asked if the lawsuit from Baker, Price, and Collins is not settled, does that mean this settlement agreement is null and void. Attorney Blair said that it is meaningless.

County Attorney Loy asked why wouldn’t the approval of the P.U.D. ordinance that the Commissioners have in front of them today resolve the issues in that case. Attorney Blair said that it would be a big step towards the resolution.

Commissioner Heimlich asked if there was anyone else wishing to speak in regards to this request. No response.

County Attorney Loy asked Diann if this was primary approval today if this was approved by the Commissioners. Diann said that it is primary approval coming to the Commissioners. The APC has also approved it for secondary approval contingent that the Commissioners grant the primary approval.

Commissioner Burton said that he is uncomfortable with the fact that this area has always been one lot and one owner and now that their all going to be separated out there could be many drainage issues.

Commissioner Heimlich asked if the APC had discussed the drainage. Diann said that they did not discuss drainage at the meeting but before the meeting, she did discuss drainage with the County Surveyor. She assumed that the County Surveyor was going to discuss it with the Commissioners at their next Drainage Board meeting.

Mr. Spear stated that he had four attorneys from Kokomo put this together and he’s been working with a gentleman from Indianapolis who wrote the legislation on condominiums. Everyone is telling him that he is following the state statute. Mr. Spear said that he has spent tens of thousands of dollars defending this with Area Plan. The agreement that they have now is that this will go forward. If it doesn’t, he said that it would go to court on Tuesday along with the other two lawsuits.

Mr. Spear said that he has over a half of million dollars that has been locked up now for over three years because of Area Plan. He said that even though it is a state law, it isn’t being followed by White County.

Attorney Blair said that condominiums are a separate entity under Indiana Code 32-25 and they do not require the Commissioners’ approval.

County Attorney Loy said that Area Plan is bringing before the Commissioners today a rezoning request from an L-1 to a P.U.D.

Commissioner Schmierer asked Mr. Spear if he had applied for a P.U.D. before this. Mr. Spear said, “No, this is a mediation settlement agreement that Joe Bumbleberg mediated to resolve an issue that may be costing a lot of money from someone before this is all over.” Mr. Spear said that he would settle for a letter of apology for some of the things that have been done in lieu of a cash settlement; but, if it’s not settled by Tuesday then it will go to court.

Commissioner Schmierer said that this needs to have a drainage plan submitted with it. He argued that everyone else has to submit a drainage plan for something as this and he didn’t see where this would be exempt. He also said that he is not even interested in approving it without a commitment letter stating that the RV is going to be gone.

County Attorney Loy said that he recalls at the last Drainage Board meeting that there was a brief discussion of this property by the County Surveyor. The Surveyor had said that if there wasn’t any change to the topography and the layout of the property the Surveyor did not see a problem.

County Attorney Loy said that it would be possible for the Commissioners to table this briefly to further explore drainage issues and put together a written commitment letter with respect that both drainage and removal of the RV be addressed.

  • Commissioner Burton made a motion that the Commissioners table the request for P.U.D. #8-11 to give the petitioner time to address the drainage issue and the commitment on the removal of the RV, seconded by Commissioner Schmierer. Vote: Unanimous

LOCK BOX AGREEMENT – WHITE COUNTY TREASURER

White County Treasurer, Cathy Gross, presented a lock box agreement with Government Utilities Technology Service.

The Treasurer’s Office has had this service for the last three years and Cathy wanted the Commissioners to be aware of the earned interest income with and without the lock box.

  • Earned interest income over two years without lock box (2004 & 2005) $ 737,221.11
  • Earned interest income over two years with lock box (2006 & 2007) $1,777,254.58

The county’s increase in earned interest $1,040,033.47

  • The average interest rate without lockbox (2004 & 2005) 2.35%
  • The average interest rate with lockbox (2006 & 2007) 4.28%

Cathy said that there is an increase in the fees from $46,000 to $50,500.

  • Commissioner Schmierer made a motion to approve the Professional Services Agreement for lock box services with Government Utilities Technology Service, seconded by Commissioner Burton. Vote: Unanimous

TIOGA BRIDGE

Don Ward, County Engineer, presented an Indiana Transportation Enhancement (TE) grant application for funds to raise the Tioga Bridge. The application is due today.

Commissioner Heimlich said that if the Commissioners approve the application that does not mean that the County is committing to any money. He said that the match money is to be covered by the SFLECC.

Commissioner Heimlich asked where White County would stand when it comes down to “crunch time” and the Carroll County Council refuse to appropriate any funds, even though the Carroll County Commissioners signed an agreement.

County Attorney George Loy said that if they don’t have any money then this project would not go through.

Don Ward also said that it would be a “no go.” GRANT APPLICATION WAS APPROVED

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

 

 

 

 

 

___________________________ _____________________________ __________________________

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

ATTEST: _________________________

Jill Guingrich, Auditor