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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, November 17, 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 as presented for the regular meeting on November 3, 2008, seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

  • Commissioner Schmierer made a motion to approve the payroll as presented for November 17, 2008, seconded by Commissioner Payroll. Vote: Unanimous

2009 HOLIDAY SCHEDULE FOR RECYCLING DEPT.

The following 2009 Holiday Schedule was presented to the Commissioners for the Recycling 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 Recycling Dept., seconded by Commissioner Burton. Vote: Unanimous

AREA PLAN

Area Plan Director Diann Weaver presented the following:

Rezoning Petition #964

Floyd & Janice Lee Fultz are requesting to rezone 2 ½ acres from an R-2 (Single and Two Family Residential) to an A-1 (General Agricultural). The property is located west of Monticello at 1320 Hanawalt Road.

The Area Plan Commission held a public hearing on November 10, 2008, regarding this request and there were people expressing opposition to this request. The APC voted to give no recommendation for this rezoning to the Commissioners by a vote of 1 yes and 5 no.

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

Floyd Fultz, property owner, said that he doesn’t believe that there is an odor on the property. He said that the reason the dogs are barking so much is because of the wild animals (rabbits, raccoons, dogs, cats, etc.) running in the fields. He asked the Commissioners to pass the rezoning because he uses his dogs to chase coyote’s.

Sue Smith, 1296 Hanawalt Road, is a neighbor of the property and she said that she is not concerned with the odor but she is concerned with the noise. She said that the dogs bark continuously and it’s to the point that she doesn’t enjoy living there anymore. She requested the Commissioners to deny the request.

Don Pauken, 1186 Hanawalt Road, said that he lives approximately 1,300 feet from the property and complained that the dogs do cause a ruckus and they are a nuisance to the neighborhood. He said that there are fifteen residential homes within that area and the dogs do bark for hours. He requested the Commissioners to deny the request.

Commissioner Schmierer asked how many dogs were allowed without having a kennel. Diann said that the new ordinance contradicts itself but she believes its three or four dogs. The old ordinance was four dogs.

After a short discussion, the Commissioners made the suggestion to Mr. Fultz to file a new rezoning petition to the APC requesting to rezone only the back portion of his property (1 ½ acre) to Agricultural and keeping the front part (1 acre) zoned Residential.

  • Commissioner Schmierer made a motion to deny Rezoning Petition #964 as presented, seconded by Commissioner Burton. Vote: Unanimous

Rezoning Petition #965

Ruth Roller is requesting to rezone 1.368 acres from an A-1 (General Agricultural) to an R-1 (Single Family Residential). The property is located South of Idaville at 94N. 1150 E.

The APC held a public hearing on November 10, 2008, and there was no one present opposing this request.

The APC voted to recommend this rezoning to the Commissioners by a vote of 6 yes and 0 no.

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

  • Commissioner Schmierer made a motion to approve Rezoning Petition #965 rezoning 1.368 acres from an A-1 to an R-1 for property located at 94 N. and 1150 E in Idaville for Ruth Roller, seconded by Commissioner Burton. Vote: Unanimous

AREA PLAN – AMENDMENT TO THE ZONING ORDINANCE

Area Plan Director Diann Weaver presented the following amendment to the Commissioners for their approval. This amendment changes the way the public notices are sent out to adjoining property owners.

Diann said that the APC held a public hearing on November 10, 2008, and there were no opposers. The APC voted to recommend this to the Commissioners by a vote of 6 yes and 0 no.

AMENDMENT TO THE ZONING ORDINANCE OF WHITE COUNTY STATE OF INDIANA

WHEREAS, the White County Area Plan Commission has initiated and prepared this ordinance to amend the White County Zoning Ordinance pursuant to IC 36-7-4-6029(c) and IC 36-7-4-607;

WHEREAS, the White County Area Plan Commission has reported that it held a public hearing concerning this ordinance on November 10, 2008, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana on or before the 31st day of October, 2008, as required by IC 36-7-4-604;

WHEREAS, the White County Area Plan Commission has reported that it paid reasonable regard to the factors enumerated in IC 36-7-4-603 in consideration of the ordinance and determination or a recommendation to be made to the legislative body of White County;

WHEREAS, the White County Area Plan Commission has certified this ordinance to the legislative body with a recommendation by a majority vote in favor of adoption pursuant to IC 36-7-4-603 before acting on this ordinance;

WHEREAS, the legislative body recognizes that certain land uses, by their very nature, require restricted size of signage. Because the restrictions are a necessary aspect of zoning use to the public, it is deemed that such restrictions on signage are not detrimental to the public safety and welfare.

WHEREAS, the legislative body has determined that this ordinance should be adopted without amendment as certified by the White County Area Plan Commission pursuant to IC 36-7-4-607; therefore;

BE IT ORDAINED AND ADOPTED BY THE LEGISLATIVE BODY OF WHITE COUNTY, INDIANA:

AMENDING CHAPTER 12: ADMINISTRATION

12.2 Public Hearings and Meetings

12.2.1 Setting a Hearing or Meeting

When the provisions of this Ordinance require a public hearing or public meeting in connection with any application filed pursuant to this Ordinance, it shall be heard in accordance with the published schedule of the official or body charged with conducting the hearing or meeting.

A. Time of meeting

The exact time for hearings or meetings held before the Board of Zoning Appeals or Area Plan Commission, as the case may be, shall be determined by the official filing deadline adopted annually. Applications shall be filed in the Office of the Area Plan Commission no later than the deadline published in the Calendar of Filing and Meeting Dates.

B. Notice to nearby property owners

For all public hearings, the notice shall be provided to the public consistent with the requirements of this Chapter and the requirements of IC 5-3-1 as amended. A public notice required by this Ordinance shall meet the following requirements:

1. Preparation

After receiving from the applicant a complete list of names and last known mailing addresses of all persons with a legal interest in the affected property and all persons with real property abutting the subject property, as recorded in the White County Recorder’s Office, or as it appears from the authentic tax records of the subject municipality, the Executive Director shall prepare and provide a legal notice consistent with the requirements of IC 5-3-1 and the applicable Area Plan Commission, Board of Zoning Appeals, and/or appropriate legislative body’s Rules of Procedure.

2. Content of public notice

In addition to stating the name of the applicant and the physical address of the subject property. In the event that the subject property does not have a physical address, a general description shall be given. The content of the notice shall also state the date, time and location of the hearing and the name of the presiding Board (White County Area Plan Commission/Board of Zoning Appeals). The notice shall also include a legal description of the subject property in the public notice.

3. Distribution

Staff of the Area Plan Commission Office shall distribute, by first class mail, written notice of the application to all interested parties as provided by the applicant in accordance with IC 5-3-1 as amended.

4. Certificate of issuance

Prior to the public hearing, a certificate of issuance shall be prepared by the staff of the Area Plan Commission Office.

C. Newspaper notice

The staff of the Area Plan Commission Office shall arrange for the publication of a public notice to be placed in a newspaper of general circulation in the jurisdictional area. Said notice shall include the same information as described in the notice to adjoining property owners sub-section 12.201(B), Notice to nearby property owners, above. The notice shall run at least one (1) time in the paper not less than ten (10) days before noted public hearing, in accordance with IC 5-3-1 as amended. Any associated fee for the newspaper advertisement shall be paid by the applicant, as prescribed by the Official Fee Schedule, as amended from time to time

  • Commissioner Schmierer made a motion to adopt the Amendment to the Zoning Ordinance of the White County State of Indiana, Ordinance No. 08-11-17-01 as presented, seconded by Commissioner Burton. Vote: Unanimous

DISCUSS TIPPING FEES FOR THE NORTHWEST INDIANA SOLID WASTE DISTRICT

Commissioner Burton, board member of the NWISWD, discussed the tipping fee agreement from the Newton County Landfill and Liberty Landfill, which gives $.25/per ton to the Northwest Indiana Solid Waste District. He said that effective January 1, 2009, Newton County has decided to change the $.25/per ton to $.10/per ton. Commissioner Burton recommended that White County follow that lead and adjust ours from $.25/per ton to $.10/per ton. The remaining $.15 will be directed to the county

Commissioner Burton explained that the intent of that money was to support the community and areas in the six counties to recycle and to lower landfill use. He said that they do have sufficient funds that will continue to do this even with the reduction in the rate.

The Commissioners requested the county attorney to draft something up and they will approve it before the first of the year.

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

REPORTS

HOSPITAL

Stephanie Long, Executive Vice President/CNO, appeared presenting the Financial Analysis for October 31, 2008.

Mrs. Long reported that they surprisingly had a good month considering the move to the new hospital. She said that they had a revenue of $3.5 million and excess revenue over expenses was $84,000 for the month. They were very pleased with these numbers. Outpatient services continue to be up across the board in a lot of areas and the cash is over $6.7 million.

Councilman Bruce Clear complimented Mrs. Long, the hospital, and their staff for their efficiency and professionalism during the move to the new hospital. He was very impressed and happy to see them utilizing all the agencies for a mock evacuation plan.

Mrs. Long said that they are now working on clearing out the old hospital because they do still have some things that need to be removed. Commissioner Burton asked Mrs. Long to notified the Commissioners when they are finished with the old hospital so they can get it added to their insurance.

BUILDING DEPARTMENT

White County Building Inspector Dave Anderson reported that there were 50 permits issued last month, nine of them were for new homes. They are five ahead of last year at this time.

ENVIRONMENTAL OFFICER

White County Environmental Officer John Raines presented the “Complaints & Violations” report for October 2008.

Mr. Raines reported that the owners of the Reynolds Post Office have hired a contractor to come and tear down the building. As of now, there has been no activity.

LAKEVIEW HOME

Lakeview Home Director Kae Fuller reported that there is a bad leak on a resident’s room on the north side of the building. The cost to have that done will be $400.

ECONOMIC DEVELOPMENT

White County Economic Development Director Connie Neininger presented a report covering September & October 2008 activities.

Mrs. Neininger reported that businesses are still looking for existing buildings that are 150k – 200k sq ft with 20’ ceilings. She has recently spoken with Steinberg asking if they can find a builder to put up a spec building.

Connie discussed the Rural Economic Development grant that was awarded to White County REMC in 2004. This grant was aimed to serve as a revolving loan for the county. She said that in order of not losing the $240,000 grant, because of the April 2009 deadline, the money was approved to be transferred to the use of the Ivy Tech project for

cash-flow purposes. The money will be paid back by the Economic Development office once the WIRED grant is received. This will allow REMC to re-loan the money back to the community.

Connie presented an Employer Economic Condition Survey to the Commissioners and Council. This showed how local companies are being affected by the economic conditions.

There being no further business to come before the Council, they adjourned to their own meeting.

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

____________________________ ______________________________ ____________________________

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

ATTEST: _________________________

Jill Guingrich, Auditor