Get Adobe Flash player

 

BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, December 29, 2008, at 8:00 a.m. at the White County Building, 2nd floor in the Commissioner’s 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 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 December 15, 2008, seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

  • Commissioner Schmierer made a motion to approve the payroll as presented for December 29, 2008, seconded by Commissioner Burton. Vote: Unanimous

CLAIMS

  • Commissioner Schmierer made a motion to approve and pay the claims as advertised for December 29, 2008, seconded by Commissioner Burton. Vote: Unanimous

HIGHWAY BIDS FOR 2009

White County Highway Superintendent Steve Brooke made the recommendation to the Commissioners to go ahead and accept all of the bids that were submitted for the highway supplies. Mr. Brooke said that he has looked them over and he did not see any problems.

  • Commissioner Burton made a motion to approve the following bids submitted for the 2009 Highway supplies, seconded by Commissioner Schmierer. Vote: Unanimous

ITEM 1: UNLEADED GASOLINE

  1. Petroleum Traders Corporation, Fort Wayne, IN
  2. City Fuel & Heating, Inc., Monticello, IN

ITEM 2: DIESEL FUEL #1, #2, & PREMIUM

  1. Good Oil Co., Inc., Winamac, IN
  2. Petroleum Traders Corp., Fort Wayne, IN
  3. City Fuel & Heating, Inc., Monticello, IN

ITEM 3: TIRES & TUBES

  1. Pomp’s Tire Service, Inc., Remington, IN
  2. McCord Tire Group, Monticello, IN

ITEM 4. CRUSHED LIMESTONE

  1. Hanson Heidelberg Cement Group
  2. US Aggregates, Delphi, IN
  3. Vulcan Materials Company, West Lafayette, IN

ITEM 5. ROAD GRAVEL, CEMENT GRAVEL & ICE SAND

  1. Segal’s Delta Trucking, Inc., Reynolds, IN

ITEM 6. A.E. GRADES OF BITUMINOUS MATERIALS

  1. Asphalt Materials, Inc., Indianapolis, IN

ITEM 7. COLD MIX PATCHING MATERIAL

  1. Central Paving, Inc., Logansport, IN
  2. Rieth-Riley Construction Co., Inc., Lafayette, IN
  3. Milestone, Lafayette, IN

ITEM 8. BITUMINOUS COATED PAVING MATERIAL

  1. Milestone, Lafayette, IN
  2. Xtreme Contractors, Reynolds, IN
  3. Central Paving, Inc., Logansport, IN
  4. Rieth-Riley Construction Co., Inc., Lafayette, IN

ITEM 9. RENTAL OF EQUIPMENT

  1. Xtreme contractors, Reynolds, IN
  2. Segal’s Delta Trucking, Inc., Reynolds, IN
  3. Milestone, Lafayette, IN

APPIAN CONTRACT

Commissioner Heimlich presented a contract for retaining DennisFaulkenberg’s, President of APPIAN, consulting services for the 6th Street project for one year. Mr. Faulkenberg’s rates will remain the same as the past, $3,000 per month.

  • Commissioner Schmierer made a motion to approve the contract with APPIAN for professional services for the 6th Street project for 2009, seconded by Commissioner Burton. Vote: Unanimous

2009 COUNTY FARM LEASE

At the last Commissioners’ meeting, the Commissioners took the bids under advisement for the lease of the 75.6 acres of county farm ground for 2009. The highest bid received was from Mark Lear for $15,500.00.

  • Commissioner Burton made a motion to award the 2009 county farm leas to Mark Lear, Wolcott, for the lease of the 75.6 acres of county farm ground for 2009, seconded by Commissioner Schmierer. Vote: Unanimous

COUNTY LIABILITY

The Commissioners held a short discussion on how they wanted to approve the county liability insurance coverage before the first of the year because they are still waiting on prices for tail coverage.

  • Commissioner Burton made a motion to move the county’s liability insurance from Travelers to Argonaut for 2009 contingent upon the tail coverage numbers from Heiny Insurance, seconded by Commissioner Schmierer. Vote: Unanimous

AREA PLAN

White County Area Plan Director Diann Weaver appeared before the Commissioners to discuss the amendment to Chapter 13 in the White County Zoning Ordinance. This was recommended to the Commissioners from the Area Plan Commission board with a vote of 9 yes and 0 no.

This was tabled at the last Commissioners’ meeting on December 15, 2008, to give White County Attorney George Loy time to review the changes.

  • Commissioner Schmierer made a motion to accept the proposed amendment (in red) to Chapter 13 in the White County Zoning Ordinance as presented, seconded by Commissioner Burton. Vote: Unanimous

AMENDMENT

TO THE ZONING ORDINANCE OF WHITE COUNTY STATE OF INDIANA

ORDINANCE NO. 08-12-29-01

 

WHEREAS, the White County Area Plan Commission has initiated and prepared this ordinance to amend the White County Zoning Ordinance pursuant to IC 36-7-4-602(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 December 8, 2008, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana on the 28th day of November, 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;

WEREAS, 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 shall be adopted without amendment as certified by the White County Area Plan Commission pursuant to IC 36-7-4-607

 

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

The proposed amendment involves amending Chapter 13 “Enforcement” of the White County Zoning Ordinance as follows:

 

chapter 13

enforcement

13.0 general provisions

13.0.1 Issuance of an Improvement Location Permit

No Improvement Location Permit required by this Ordinance shall be issued on any property governed by this Ordinance which is in violation of the requirements of this Chapter or that which is not in substantial compliance with the Comprehensive Plan.

13.0.2 Executive Director

It shall be the duty of the Executive Director to enforce these regulations and to bring any violations or lack of compliance to the attention of the Plan Commission Attorney, who may from time to time, with the approval of the Area Plan Commission, recommend filing a complaint against the person and prosecute the alleged violator.

13.0.3 Area Plan Commission

The Area Plan Commission, by its authorized official, may, by suit in the Circuit or Superior Court(s) of White County, enjoin violations of this Ordinance.

13.0.4 Area Plan Commission

The Area Plan Commission, by mandatory injunction in the Circuit Court or Superior Court(s) of White County against the owner or possessor of the real estate, may require the removal of a structure erected in violation of this Ordinance, or the removal of any use or condition permitted in violation of this Ordinance.

13.0.5 Liable party/parties

A use that violates this Ordinance shall be treated as if it were a common nuisance, and the owner or possessor of the structure, land, or premises upon which the use is maintained shall be liable for the nuisance.

13.1 civil zoning violations

13.1.1 Procedures

A. Any person who uses property in violation of this Ordinance shall be deemed to have committed a civil zoning violation and may be issued a warning ticket or citation by the designated enforcement entity.

B. Each day a violation remains uncorrected shall be considered a distinct and separate civil zoning violation and may be subject to an additional citation and fine in the amount prescribed by the provision below, provided a warning ticket has first been issued pursuant to the Citation for Civil Zoning Violations under Section 13.1.2, Citations, of this Chapter.

C. The monetary fine for each civil zoning violation shall be officially set by the County Commissioners.

D. All fines prescribed by this Chapter for civil zoning violations shall be paid to the Executive Director within thirty (30) days. The Executive Director shall render to the person making the payment a receipt stating the amount and purpose for which the fine has been paid and a duplicate of which shall be made a part of the records of the Plan Commission. If a violation is to be appealed, the procedures set forth in Section 13.1.3 (B), Trial, of this Chapter shall apply.

13.1.2 Citations

A. The Executive Director may issue a warning ticket or citation to a person who commits a zoning violation. Which may include the legal owner, the contract vendee, or any person or entity with a possessory interest in the real estate upon which the violation occurs. The warning ticket or citation may be served by personal service, by certified mail, or by placement in a conspicuous place on the property where the violation occurs and shall serve as notice to a person that he or she has committed a civil zoning violation.

B. Delete

C. A person who receives a warning ticket or a citation may either choose to abate the violation or file a petition for a variance, special exception use, rezoning, or other means provided by this Chapter to correct the violation, as prescribed by this Chapter. A person who elects to file such a petition shall indicate this intent in writing to the Executive Director. A person shall have thirty (30) days after issuance of the warning ticket or citation to file the petition. Any additional monetary fine, as prescribed by the Official Fee Schedule, shall be stayed upon the filing of such petition, as long as the violation continues at the subject property. A person who files the petition within said time period shall pursue the petition in an expeditious fashion. A person who files the petition within the allotted time period shall have the petition heard at the next regularly scheduled meeting of the Area Plan Commission or Board of Zoning Appeals, as prescribed by the Calendar of Meetings and Filings Dates. If the petition is denied, withdrawn, or dismissed for want of prosecution, and the civil zoning violation continues at the real estate, then a lawsuit will be commenced by the designated enforcement entity in a court of competent jurisdiction in White County, Indiana.

D. If a person believes that the warning ticket or citation received results from an incorrect interpretation of the White County Zoning Code by the Executive Director, the aggrieved person may file an appeal of the decision for a hearing by the Board of Zoning Appeals. Said appeal shall be on the form prescribed by the Board of Zoning Appeals and shall include payment of the appropriate filing fee. A person who elects to file such an appeal shall indicate this intent in writing to the Executive Director. A person shall have thirty (30) days after issuance of the warning ticket to file the appeal. Any additional monetary fine, as prescribed in Official Fee Schedule, shall be stayed upon the filing of such petition as long as the violation continues at the subject property. A person who files the appeal within the allotted time period shall have the appeal heard at the next regularly scheduled Board of Zoning Appeals meeting, as prescribed by the Calendar of Meetings and Filings Dates. If the board upholds the interpretation of the zoning ordinance which led to issuance of the warning ticket or citation, and the civil zoning violation continues at the real estate, then the citation will move forward. The applicant can conform to the Ordinance, correct the violation and pay the fine, or request a trial on the citation for determination by a court of competent jurisdiction in White County, Indiana.

E. If the violation is determined by the Executive Director to be a threat to public health or safety, the Executive Director may order the land use or activity to cease and desist immediately, regardless of whether a warning ticket or citation has been issued.

F. The warning ticket shall be in the form prescribed by the Executive Director.

G. The Citation shall appear on the form prescribed by the Executive Director.

13.1.3 Trial

A. A person who receives a citation may elect to stand trial for the offense by indicating on the citation his intent to stand trial and returning a copy of the citation to the Executive Director. The returned copy of the citation shall serve as notice of the person’s intent to stand trial. Any additional monetary fine, as prescribed by the Official Fee Schedule, shall be stayed upon receipt of the notice. On receipt of the notice of intention to stand trial, a lawsuit will be commenced by the Area Plan Commission Attorney in White County, Indiana court. The matter shall be scheduled for trial, and a Summons and Order to Appear shall be served upon the Defendant.

B. If a person who receives a citation fails to pay the assessed fine within the time limit as established by the County Commissioners or fails to give notice of his intention to either file a petition as prescribed in Section 13.1.2, Citation For Civil Zoning Violations, sub-section C, file an appeal as prescribed in Section 13.1.2, Citation For Civil Zoning Violations, sub-section D, or stand trial as prescribed in sub-section above, the Area Plan Commission Attorney may file a civil lawsuit as prescribed by applicable laws and ordinances, and seek penalties as prescribed in this Section.

C. A person adjudged to have committed a zoning violation is liable for the court costs and fees. No cost shall be assessed against the enforcement agency in any such action.

D. In proceedings before the court for a zoning violation, the Indiana Rules of Trial Procedure shall govern. The designated enforcement entity has the burden of proving the civil zoning violation by a preponderance of the evidence.

E. Seeking a civil penalty as authorized by this Section does not preclude the County from seeking alternative relief from the court in the same action, or from seeking injunctive relief or other remedy in a separate action for the enforcement of this Code.

F. A change of venue from White County shall not be granted in such a case, as provided in IC 36-7-4-1014, as amended from time to time.

 

WHITE COUNTY AIRPORT

B.J. Mursener, Airport board member, appeared before the Commissioners on behalf of the White County Board of Aviation. Mr. Mursener explained that the board currently consists of four members and about once a year they are missing a meeting because a lack of a quorum. He said the state statue does allow a five-member board and they are requesting the Commissioners to approve this.

The White County Attorney George Loy said that he would look at the state statue and see what is involved in that. Mr. Mursener said that it is under IC 8-22-2.

COMMISSIONERS BUDGET

Commissioner Burton discussed encumbering funds from the Commissioners’ budget to purchase a new vehicle for the Surveyor.

  • Commissioner Burton made a motion to encumber $40,000 from the Commissioners’ budget to purchase a new vehicle for the White County Surveyor, seconded by Commissioner Schmierer. Vote: Unanimous

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

____________________________ ______________________________ ____________________________

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

ATTEST: _________________________

Jill Guingrich, Auditor