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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, October 20, 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.


  • Commissioner Schmierer made a motion to approve the minutes as presented for the regular meeting on October 6, 2008, seconded by Commissioner Burton. Vote: Unanimous


  • Commissioner Burton made a motion to approve the payroll for October 20, 2008, as presented, seconded by Commissioner Schmierer. Vote: Unanimous


Don Ward, County Engineer, made the recommendation to use R & W Contracting, Inc., out of West Lafayette to do the repairs to the east embankment on Norway Bridge. Mr. Ward said that he did check their references and equipment and they do have a good reputation.

  • Commissioner Schmierer made a motion to award the bid for the Norway Bridge project to R & W Contracting, Inc., for $60,800, seconded by Commissioner Burton. Vote: Unanimous


Don Ward presented an Engineering Agreement for Construction Engineering on the Norway project. The agreement will be between the Commissioners and Don Ward. The agreement details that Mr. Ward will:

  1. Furnish all labor, materials, and equipment necessary to insure compliance with the plans and specifications. Make periodic inspections on the site of construction to interpret the plans for the contractor.
  2. File necessary applications for the approval of the State and Federal authorities.
  3. Act as the county agent.

The fee for the contract is a limit of $8,000.

  • Commissioner Schmierer made a motion to accept the contract with Don Ward for the Engineering Agreement for Construction Engineering on the Norway project for $8,000, seconded by Commissioner Burton. Vote: Unanimous

CR 50 EAST & US HWY 24

Don Ward presented to the Commissioners an Addendum No. 1 to the Construction Engineering contract for CR 50 East & US Hwy 24.

This addendum will extend the basic agreement, which limits the maximum fee to be paid under the agreement to $11,000 to $25,000. Mr. Ward said that the project is not completed and more construction engineering work is needed to complete the project.

Commissioner Heimlich said that this money would be paid out of the Wells Fargo fund.

  • Commissioner Schmierer made a motion to accept and approve Addendum No. 1 raising the maximum fee to be paid under the agreement from $11,000 to $25,000 for the CR50 East & US Hwy 24 project, seconded by Commissioner Burton. Vote: Unanimous


White County Area Plan Director Diann Weaver presented the following to the Commissioners.

Rezoning Petition #963

Gerald & Carol Kerns, property owner, are requesting to rezone Lot 1 in Ronald D. Coonrod Subdivision in Liberty Township from an R-2 (Single and Two-Family Residential) to an R-4 (Mobile and Manufactured Home Park Residential). The property is located east of Buffalo and on the west side of Washburn Drive.

The Area Plan Commission held a public hearing on October 14, 2008, and there were people at the meeting that opposed this request.

The APC voted to not recommend this rezoning petition to the Commissioners by a vote of 1 yes and 7 no.

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

Carol Kearns, applicant and property owner, appeared before the Commissioners saying that she doesn’t understand how the APC can tell her that she can’t replace the trailer with a mobile home on the lot. When she called about the regulations awhile back she said that no one said anything to her about the new zoning law that was going to take affect. She said that she was confused with the fact that there are other trailers in the area and they are afraid that she was going to make her property a trailer park.

Richard Nicholas,7034 Washburn Drive, appeared saying that he is representing all the names on the petition opposing this request. He stated that they do not want the R-4 zoning because if she decides to sell off the property in the future, someone else could come in and make a mobile home park. He also stated that her property does not meet the regulations to be zoned R-4.

Mr. Coonrod, previous property owner, said that the previous trailer that was placed on the lot was grandfathered in because Buffalo did not have a zoning ordinance at that time. He said that the septic system was installed and approved with the White County Board of Health.

Terry Whitaker, Real-Estate Agent, argued that the incorrect information is going out to the property owners from the Area Plan Department when people are buying property. She said that Mrs. Kearns spoke to the Area Plan office several times about what she was wanting to do with the property, and after Mrs. Kearns spent the time and money cleaning up the property, Area Plan denied her a permit. She was very upset that the Area Plan department would give out the wrong information to taxpayers who are limited on income to find out after they spent their money that they are going to be denied.

Director Diann Weaver said that this is a result of the new zoning ordinance because previously R-2 zonings did allow a mobile home to be placed on the property. She said that they have been informing the public about this and that manufactured homes are now regulated.

Diann said that all of the properties in that area are zoned R-2 and all of the homes to the East are manufactured homes and there are a couple of mobile homes that are grandfathered in.

Commissioner Heimlich asked if there were any other questions from the Commissioners. No response.

  • Commissioner Burton made a motion to accept the recommendation of the Area Plan Commission and deny rezoning request #963, seconded by Commissioner Schmierer. Vote: Unanimous


Dave Stimmell, Board of Zoning Appeals Board member, discussed the proposed fees and fines schedule that was presented on August 4, 2008 to the Commissioners from Director Diann Weaver.

To expedite things from the Board of Zoning Appeals standpoint and from an enforcement standpoint, Mr. Stimmell asked the Commissioners if they could at least approve the fines portion of the schedule. He said that the BZA still have some things that they want to clean up on the new ordinance but right now, they want to get things in line so they can issue citations.

Commissioner Schmierer asked who is going to be responsible for issuing the $10.00 to $300.00 fine for each violation. He asked if it was going to be the BZA board or if it was the Director.

Commissioner Heimlich said that they do have some concerns with the fines because they have received quite a bit of complaints about the $500 fines that the BZA has issued in the past. He said that the $500 fine was never approved by the Commissioners and that was a concern to them and the county attorney as well.

Mr. Stimmell discussed issues that still need to be defined and resolved with the new ordinance and the fines that are in effect now are no big deal to him and they are not going to present any particular problems as far as enforcement.

Commissioner Schmierer said that before he passes the fines, he would like to know how it’s going to be forced and in what way are they going to enforce it.

Mr. Stimmell said that he believes that everyone that was involved on the Steering Committee was in favor of giving a warning ticket out first to the taxpayer. He said that he felt that it is a good thing because it gives the benefit of the doubt to citizens.

Commissioner Heimlich said that from the Commissioners standpoint they are more interested in compliance and not collecting money.

Mr. Stimmell said that within the next two weeks he will get with the other BZA board members and Diann and layout something that explains how it will be A, B, C, enforced so the Commissioners will have a clear picture.

The Commissioners agreed that they would appreciate having something like that presented. Commissioner Schmierer pointed out that they are here to serve the people, not to gouge them!


The following 2009 Holiday Schedule was presented to the Commissioners for the Highway Department.

January 1st New Year’s Day

February 12th Lincolns Birthday

February 16th President’s Day

April 10th Good Friday

May 25th Memorial Day

July 3rd Independence Day

September 7th Labor Day

October 12th Columbus Day

November 11th Veteran’s Day

November 26th & 27th Thanksgiving Day

December 24th & 25th Christmas Day

  • Commissioner Schmierer made a motion to approve the 2009 Holiday Schedule for the Highway Dept., seconded by Commissioner Burton. Vote: Unanimous

At this time, the White County Council President Richard “Buzz” Horton called the Council members to order in joint session with the County Commissioners. County Council members present were:

President, Richard “Buzz” Horton Raymond “Butch” Kramer Dennis Carter

Kevin “Casey” Crabb Bruce Clear Gary Hendryx

Denny Cain


Council & Aging Director Gale Spry presented the 3rd qtr. billing report that was submitted to the state for reimbursement of their transportation dollars.

They are requesting $24,383 from the Federal share and $6,720 from the State share. For the third quarter, they had 4,976 trips.

Recently they just had a compliance review done by INDOT, which is done every 2-3 years, and everything turned out fine.


Lakeview Home Director Kae Fuller presented a report.

Kae said that she attended a meeting at the Brandywine regarding the high school drop out rate. They discussed the possibility of needing Lakeview’s help regarding a place for students to live because they are homeless.

The annual state retreat will be here in Monticello on November 6th and 7th at the Lighthouse Lodge on Lake Shafer. Kae and her assistant will be attending the retreat.


White County Building Inspector Dave Anderson reported that they had 48 permits issued last month; seven of them were for new houses. They are now six ahead of last year.


White County Environmental Officer John Raines presented the Complaints & Violations report for September 2008.

Mr. Raines reported that they had the court hearing on the Reynolds Post Office and representatives from the Magdovitz Agency, owners of the building, did not attend the hearing. Court was held in their absence and the court ruled in favor of the County, assessing a fine of $50.00 per day, beginning with the date of 12/28/2007. The court also ordered that the building be removed.


Gwynn Rusinek, Office Manager, appeared before the Commissioners requesting permission to hire Ed Gutwein on contract to do the next bio-terrorism drill. She said that the Health Dept. received a $10,000 grant from the National American of County & City Health Officials (NACCHO). Mr. Ed Gutwein will be paid thru a claim when this task is completed.

At the July 21, 2008, White County Board of Health quarterly meeting, the board made a motion to hire Ed Gutwein as an independent contractor as the Public Health Coordinator based on funds available. The contract is effective August 2008 to August 2009.

The Commissioners gave permission as long as the County Attorney writes up a contract as he did in the past for these particular drills and the $10,000.


Paul Cardwell, White County Memorial Hospital CEO, presented the Financial Analysis report for September 2008.

Mr. Cardwell reported that the hospital had a really good month in September and there are a lot of things going on right now. They are still on schedule to move in to the new hospital on Tuesday, October 28th. They will be having an open house for the community on November 23.

Mr. Cardwell said that the County’s Building Inspector, Dave Anderson, has been a tremendous help to them and he has put in a lot of time helping them. Mr. Cardwell complimented Mr. Anderson’s work.


White County Recorder Paula Lantz appeared before the Commissioners requesting permission to renew the county’s membership with NACO for 2009. The cost for the membership is $523.00.

  • Commissioner Burton made a motion to renew the county’s NACO membership for 2009 for $523.00, seconded by Commissioner Schmierer. Vote: Unanimous

Council President Horton adjourned the council members to their own meeting room.

There being no further business to go before the Commissioners, their meeting was adjourned.


____________________________ ______________________________ ____________________________

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

ATTEST: _________________________

Jill Guingrich, Auditor