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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Tuesday, September 2, 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 Ronald 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:

MINUTES

  • Commissioner Schmierer made a motion to approve the minutes from the regular meeting held on August 18, 2008, as presented, seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

  • Commissioner Burton made a motion to approve the payroll for September 8, 2008, as presented, seconded by Commissioner Schmierer. Vote: Unanimous

CLAIMS

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

GIS DATA INFORMATION

Commissioner Heimlich discussed a company named First American CoreLogic, Inc., that keeps contacting him requesting to purchase the GIS data for White County.

Eric Storm, County IT, said that First American CoreLogic also contacted him a while back requesting the same information. He told them the first time that the county does not give out the data information unless it is specifically for a business in White County. He said that he also sent them an email requesting them to be more specific on why they needed the data and what they were planning to use it for.

Eric said that he would like to see the company come in and request the GIS data information from the Commissioners because he is receiving about 15 calls a week for the information. That way he will have an approval and he won’t feel uncomfortable giving the information out to someone that won’t be using it for the county’s sake.

Eric explained that the county is in compliance by making the information publicly available by putting it on the internet.

Commissioner Schmierer asked if we could put a price on it. Eric said that when we put the information on the internet we decided that we weren’t going to sell the data for privacy concerns.

Commissioner Heimlich asked what other counties are doing. Eric said that other counties are doing the same as ours and they are only providing the information to businesses that are building in the county and benefiting the county directly. He said that Marion County does sell their information out but he didn’t know what the current rate was because there is a limit on how much you can sell the data.

Commissioner Heimlich asked what this company would be doing with the data. Eric said that they were very vague when he asked what they would be doing with it.

Commissioner Heimlich said that they have called a couple of times and he wanted to bring it to the meeting to revisit the matter and to see if our position was still the same. He said that he wasn’t hearing anything to the contrary.

County Attorney George Loy said that he would look at the request and see what information they are requesting. He would be happy to reply to them and give them a response that the information is already available to them.

EMERGENCY MANAGEMENT DISTRICT PLANNING CONCEPT

Emergency Management Director Gordy Cochran introduced District Coordinator Reggie Shireman and District 4 Administrative Coordinator Janet L. Buche to talk to the Commissioners about the planning concept for the district.

Janet Buche presented the Commissioners a pamphlet of information discussing the 10 homeland security districts and White County being in District 4. The reason for the breakdown of districts is to provide a basis for responding to natural and man made disasters.

Janet explained that right now they are working on formal organization of the district. She said that there are three elements to formal organization of the district. They are:

1. Convening the District Planning Oversight Committee (DPOC): The members of this committee are comprised of the president of the Board of Commissioners and the Mayor or town board president of the largest city or town in each county.

This committee provides an executive level of oversight for the activities conducted by the District Planning Council and the District Task Force.

2. The District Planning Council (DPC): Comprised of emergency management professionals, public safety officials and other officials from key agencies. These members are appointed by their chief elected officials in each county. The DPC are in charge of creating the plans for collaborative regional responses to emergencies.

Janet said that the President of the Commissioners and the Mayor would each need to appoint a person to the DPC. She said that Gordy, as acting Emergency Management Director, would also be a member of the DPC.

3. District Task Force: Consist of specialized teams of emergency personnel. They will be trained and equipped to respond to a variety of incidents. Core response capabilities of these Task Forces include incident management, search and rescue, mass casualty, hazardous materials and law enforcement.

The key benefits to the county for district organization will be:

  • Gain access to additional funding for regional response planning and equipment
  • Provide more effective interventions for saving lives and property
  • Reduce the levels of risk to critical infrastructure
  • Initiate recovery efforts more quickly and effectively

Mr. Shireman stressed how important the participation to the DPC meetings will be. These members will be deciding how the Homeland Security Funds will be disbursed in District 4. He pointed out that White County needs to have someone there to discuss our priorities and needs for the funds.

Commissioner Burton asked if someone else could attend the meeting if the President of the Commissioners is not available when the meeting is held. Janet said that having a proxy in your absence is in the bylaws.

Janet said that the next step would be attending the first District Oversight Planning meeting in October.

LAKEVIEW HOME

White County Auditor Jill Guingrich said that Kae Fuller, Director of Lakeview Home, would like to raise the rate of the private pay residents. Currently, the monthly rate is $850.00 for private pay residents and the Arch program pays $837.00 per month for residents. Jill said that the state has just raised their rates to $1,147.00 a month and the private pay must be a little bit higher than that. Kae is requesting that the new rate for the private pay be $1,150 a month.

  • Commissioner Schmierer made a motion to approve the raised fee for private pay residents to $1,150.00 a month effective September 1, 2008, seconded by Commissioner Burton. Vote: Unanimous

AREA PLAN

Jerry Altman, Attorney for White County Area Plan, appeared before the Commissioners saying that he received a copy of a letter from Attorney Don Blair regarding the Michael L. Spear case addressed to the White County Attorney, George Loy. Mr. Altman wanted to talk to the Commissioners about this letter.

Attorney Altman said that Attorney Blair’s letter stated that the Commissioners “did nothing” at their meeting on August 18, 2008, and they are now requesting that the Settlement Agreement be approved by the Commissioners by noon, September 8, 2008.

White County Attorney George Loy refreshed the Commissioners’ memory by saying that this whole matter started by the Area Plan Commission filing a lawsuit on Spear’s Beach Vue Resort in March 2007 regarding a condominium complex. He said that there is also another lawsuit pending, separate from the first one, filed by Cindy Baker, Jason Price, and Rodney Collins.

County Attorney Loy said that a mediation session was held with Area Plan and Attorney Blair. Attorney Loy said that the County Commissioners, representatives of the County, and Baker, Price, and Rodney were not a party to the mediation session.

County Attorney Loy said that as a result to the mediation, the Area Plan Commission agrees to dismiss their lawsuit against Spear’s Beach Vue Resort and the Area Plan Commission agrees to approve the complex as a Planned Unit Development.

Commissioner Heimlich said that he disagrees with Attorney Blair’s letter stating that the Commissioners “did nothing” at their meeting. He said that at the Commissioners meeting on August 21, 2008, the Commissioners decided to look at the drainage and make sure that it wasn’t an issue and discussed a commitment letter that the fifth wheel RV trailer will be removed.

County Attorney George Loy commented that this has now been thrown into the Commissioners’ lap to be the final act to “button this all up.” He said that the Commissioners didn’t see any of this until their meeting held on August 21, 2008.

County Attorney Loy said that it is the Commissioners desire to approve the request subject to a written commitment letter to remove the fifth wheel RV trailer and to address the drainage issues. He said that he has received a letter from Attorney Blair dated August 28, 2008, telling the Commissioners to do something about the lawsuit that has been pending since March 2007 before September 8, 2008.

Attorney Altman asked permission to respond to Attorney Blair’s letter dated August 28, 2008, stating that they will need to appear at the Drainage Board meeting with a drainage plan. Commissioner Heimlich said that they are already scheduled on the Drainage Board agenda for today at 10:30 a.m. Commissioner Heimlich said that they would address whether or not they will require Mr. Spear to present a drainage plan.

At this time, Attorney John Million appears during the Commissioners’ meeting. Attorney Million, representing Baker, said that the case involving Baker vs. Spear involves two parcels of real estate, which were bought by at least two different people, where Baker is requesting either to enforce the contract or to rescind the contract. In his case, Mr. Million’s decision to rescind the contract was due to Mr. Spear not delivering a merchantable title to his client.

Commissioner Heimlich asked County Attorney Loy if the Commissioners are becoming a part of this agreement if they make an action consistent with the agreement and then the third party lawsuit doesn’t go away. How does this affect what the Commissioners do or doesn’t do?

County Attorney Loy said that the pending third party complaint has been filed against the Area Plan Commission and not the White County Commissioners. He said that the White County Commissioners have not been named a party in any of this litigation nor was the County Commissioners a party to the mediation agreement.

Commissioner Heimlich questioned why the County Commissioners were listed on the tort claim. County Attorney Loy said that the Commissioners were listed on the tort claim notice because that is the necessary first action that has to be taken prior to filing a lawsuit.

County Attorney Loy said that he did try to contact Attorney Blair last week when he did receive Blair’s letter dated August 28, but he was unavailable.

Commissioner Heimlich said that this discussion would continue at today’s Drainage Board meeting beginning at 10:30 a.m.

PETITION FOR VACATION OF PUBLIC ROADWAY

Attorney John Million appeared before the Commissioners representing the petitioners, Michael Jaenicke and Brenda Jaenicke. Mr. Million submitted a petition for vacation of a public roadway in Connell’s East Buffalo Park Addition in Liberty Township. The roadway is located between properties located at 6891 E. Connell’s Lane and 6889 E. State Road 16. Mr. Million submitted proof of legal advertisement of the petition notice and certified notification to the neighbors of the petition.

They are requesting to vacate a portion of the dedicated roadway, which actually runs through a garage. Mr. Million said that he was not aware of any one opposing this request.

Commissioner Heimlich asked the County Highway Superintendent if he had any problems with the request. He said that it didn’t appear that anyone would be affected.

Commissioner Burton wanted to confirm that if they do chose to vacate the roadway that the legal description is only the width of the narrow property and not to include the width of the widest property. Commissioner Burton admitted that it was difficult to understand the legal descriptions and there have been cases in the past where they were written incorrectly.

Attorney Million said that they did have a survey done for that particular piece and the 50’ width is the measurement of the lot.

Commissioner Heimlich said that there were no written objections submitted to the Commissioners.

  • Commissioner Burton made a motion to approve the Petition for vacation of a public roadway in Connell’s East Buffalo Park Addition in Liberty Township, seconded by Commissioner Schmierer. Vote: Unanimous

ORDINANCE VACATING ROADWAY

ORDINANCE NO. 08-09-02-01

WHEREAS, a petition to vacate a public roadway has been filed with the Board of Commissioners of White County, Indiana, by Michael Jaenicke and Brenda Jaenicke, Husband and Wife, of White County, Indiana; and,

WHEREAS, the portion of roadway sought to be vacated was originally platted and dedicated to public use as a part of Connell’s East Buffalo Park Addition, and is more particularly described below; and,

WHEREAS, the portion of said roadway sought to be vacated is no longer used as a public roadway and all of the property surrounding the portion sought to be vacated is owned by said petitioners; and,

WHEREAS, notice of said petition for vacation and a copy of the petition has been served upon all of the owners of lots lying to the North and South of the portion sought to be vacated, by certified mail with return receipt requested in the manner required by law; and,

WHEREAS, notice of said petition and the hearing thereon has been published in the Monticello Herald Journal, in the manner required by law; and,

WHEREAS, there have been no objections to said vacation and the White County Highway Superintendent has inspected the premises and has found that the requested vacation will not hinder the public’s access to a church, school or other public building or place;

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of White County, Indiana, as follows:

1. That that portion of roadway originally platted and dedicated to public use as Connell’s East Buffalo Park Addition, and more particularly described as follows, to-wit:

Par of a public roadway platted in Connell’s East Buffalo Park Addition in Liberty Township, White County, Indiana described further by: Beginning at the Southwest corner of Lot 12 in said addition; thence North 73 degrees 56 minutes 0 seconds East a distance of 50.00 feet to the Southeast Corner of said Lot 12; thence South 01 degree 49 minutes 0 seconds East a distance of .63 feet; thence South 73 degrees 56 minutes 0 seconds West, a distance of 50.00 feet; thence North 01 degrees 49 minutes 0 seconds West, a distance of 20.63 feet to the point of beginning, containing 0.023 of an acre, more or less.

Also, that part of the Southwest Quarter of the Southwest Quarter of Section 10, Township 28 North, Range 3 West in Liberty Township, White County, Indiana, described by: Commencing at the Northwest Corner of the North East Quarter of Section 15, Township 28 North, Range 3 West; thence East along the Section Line 1, 967.25 feet to the point of beginning; thence North 02 degrees 05 minutes 39 seconds West 301.28 feet; thence North 73 degrees 56 minutes East 126.60 feet; thence South 02 degrees 26 minutes 43 seconds East 336.42 feet; thence West 125.00 feet to the point of beginning, containing 0.907 of an acre, more or less.

Be, and the same hereby is vacated as a public roadway.

2. That said above described public roadway shall become the property of Michael Jaenicke and Brenda Jaenicke, Husband and Wife, who own all of the property on both sides of the above described vacated portion of said roadway.

3. That the Clerk of the Board of Commissioners is directed to furnish a copy of this ordinance to the Recorder of White County, Indiana, for recording, and is also directed to furnish a copy of the vacation ordinance to the Auditor of White County, Indiana.

4. That this ordinance shall be in full force and effect from and after its passage and enactment.

 

NORWAY BRIDGE

County Engineer Don Ward presented plans for the reconstruction of the embankments on Norway Bridge for approval.

Mr. Ward said that he has never done a job like this before so he estimating the project to be around $78,000. Mr. Ward requested the Commissioners to do this project by “emergency” so he will not have to go through the normal bidding process of advertising.

County Attorney Loy said that the county needs three quotes.

Mr. Ward said that he would like to give the plans to a couple contractors that he knows would bid on the job because they are looking for work.

Mr. Ward said that he has tried several times to call IDEM to get a response from them whether or not he needs a permit. He said that nobody from IDEM would return a phone call.

Highway Superintendent Steve Brooke said that since this is FEMA’s money being used to repair the bridge, he would need IDEM’s approval/permit.

  • Commissioner Schmierer made a motion to approve the bridge plans for Bridge #88 for repairs to work on Norway Bridge, seconded by Commissioner Burton. Vote: Unanimous

Don Ward said that he would get a permit filled out and get it sent in to IDEM as soon as possible.

RADIO GRANT

Commissioner Heimlich said that Monticello Fire Chief, Shane Swaim, was in earlier and he did say that the amendment to the grant was approved. The county’s share is going to be $56,311.00. The approved decrease for removing the CAD system ended up being $112,485.00. The total of the federal share of the grant will be $506,801.00.

ANIMAL SHELTER

White County Resident and Board of Zoning Appeals board member Charlie Mellon asked what the Commissioners intentions were for Happy Tails. He would like to know if the county is going to give them any money because they are now appearing before the BZA for a variance on the building. He said that this would be helpful to them making their decision.

Commissioner Schmierer said that there isn’t any money for this in the budget for 2009.

WAGE BOARD APPOINTMENT

White County Attorney George Loy asked the Commissioners to make an appointment to the Wage Board for the Monticello Waterworks, storage building, project.

  • Commissioner Burton made a motion to appoint Dave Diener to the Wage Board for the Monticello Waterworks, storage building, project, seconded by Commissioner Schmierer. Vote: Unanimous

NORWAY BRIDGE

  • Commissioner Schmierer made a motion that the Commissioners declare an “emergency” to repair Bridge #88 known as Norway Bridge, seconded by Commissioner Burton. Vote: Unanimous

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

 

 

___________________________ _____________________________ __________________________

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

ATTEST: _________________________

Jill Guingrich, Auditor