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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on December 17, 2007, at 8:00 a.m., in the White County Courthouse, 2nd floor, Commissioners’ conference room.

Commissioners’ present was: President John C. Heimlich, Vice President Steve Burton and Board Member Ron Schmierer. Also present was the White County Attorney George Loy, White County Auditor Jill Guingrich, and the Commissioners Assistant Donya Tirpak.

Commissioner Heimlich called the meeting to order.

MINUTES

  • Commissioner Burton made a motion to approve the minutes as presented for the regular meeting on December 3, 2007, seconded by Commissioner Schmierer. Vote: Unanimous

PAYROLL

  • Commissioner Schmierer made a motion to approve the payroll for December 17, 2007, as presented, seconded by Commissioner Burton. Vote: Unanimous

TIOGA BRIDGE – CONTRACT

Commissioner Heimlich discussed that this addendum is for the design of the raising of the Tioga Bridge. This agreement shall be an addendum to the agreement for the rehabilitation of the Tioga Bridge dated April 3, 2000. This work was requested to be added by the SFLECC. They did give the county a letter committing payment for this extra engineering cost.

Commissioner Heimlich said that the addendum has already been approved by Carroll County Commissioners.

  • Commissioner Burton made a motion to enter into this contract accepting the addendum for the design of the raising of the Tioga Bridge with James A. Barker, Engineering, and to also be paid by the SFLECC, seconded by Commissioner Schmierer. Vote: Unanimous

ACCEPT BIDS FOR THE 2008 FARM LEASE 75.6 ACRES

Commissioner Heimlich announced that at this time no bids were received.

Commissioner Heimlich asked White County Attorney George Loy what the county’s options are since there were no bids submitted.

Attorney Loy said that he will check the statue and there is always the option to readvertise.

CONSIDERATION OF AMENDING THE LANDFILL ORDINANCE

Commissioner Heimlich said that the amendment to the landfill ordinance proposed for today will allow money from the Reserve Fund to be used for the renovation of the medical arts building. The rent money that will be coming back from Ivy Tech will then be put back into the Reserve Fund.

  • Commissioner Schmierer made a motion to adopt Ordinance No. 07-12-17-01, which is the ordinance amending ordinance for non-reversion of monies received by White County under a recycling and disposal facility development and operation agreement, seconded by Commissioner Burton. Vote: Unanimous

ORDINANCE NO. 07-12-17-01

WHEREAS, White County and Waste Management of Indiana, Inc., have entered into a Recycling and Disposal Facility Development and Operation Agreement; and

WHEREAS, the monies received by White County pursuant to said agreement are to be deposited and used in the manner set forth under White County Ordinance COMM-92-4-3, adopted April 20, 1992, a copy of which is attached hereto; and

WHEREAS, the White County Commissioners and White County Council desire to amend said Ordinance by permitting expenditures or loans from the White County Host Agreement Reserve Fund for costs associated with renovation of the White County Instructional Center, located at 1017 O’Connor Blvd., Monticello, Indiana; and, that rents received from any lessee of said property shall be deposited in said account to the extent necessary to recoup any of such expenditures or repay any such loans.

NOW, THEREFORE, BE IT HEREBY ORDAINED by the White County Commissioners and White County Council that White County Ordinance COMM-92-4-3 should and shall be amended as follows:

  1. That monies held in the White County Host Agreement Reserve Fund may be used for expenditures or loans associated with the renovation of the White County Instructional Center, located at 1017 O’Connor Blvd., Monticello, Indiana, in addition to the uses currently permitted under said Ordinance.

  1. That rents received from any lessee of any property shall be deposited in said White County Host Agreement Reserve Fund to the extent necessary to recoup any such expenditure or repay any such loans, upon such terms and conditions as may be hereafter determined by the White County Commissioners.

  1. That said Ordinance shall, in all other respects not inconsistent herewith, remain in full force and effect.

AREA PLAN

White County Area Plan Director Diann Weaver appeared before the Commissioners presenting an amendment to the Zoning Ordinance of White County. The presented amendment will replace the existing fee schedule.

Mrs. Weaver reported that the proposed fee schedule has been properly advertised and heard in a public hearing on December 10, 2007, by the APC. She said that there was no one at the meeting opposing this amendment.

The Area Plan Commission voted to recommend this amendment to the Commissioners by a vote of 8 yes and 0 no.

Mrs. Weaver said that they are doing this mainly because of the Planned Unit Developments and they have also raised the rates from $75 to $100 for the Rezoning and Variance/Special Exception Fees due to the increase cost of advertising.

  • Commissioner Schmierer made a motion to approve the amended fee schedule as presented for the Area Plan Department, seconded by Commissioner Burton. Vote: Unanimous

ORDINANCE NO. 07-12-17-02

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 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 10, 2007, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana on or before the 30th day of November, 2007 as require by IC 36-7-4-604;

WHEREAS, the White County Area Plan Commission has certified this 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:

Variance/Special Exception $100.00

Rezoning $100.00

Subdivisions

1 to 20 lots $50.00 per lot with a minimum of $100

Each additional lot over 20 $25.00

Vacating of Plat, Alley or Road $100.00

Appeal $100.00

Planned Unit

Development

Primary Approval $100.00

Secondary Approval

1 to 20 unit $50.00 per unit with a minimum of $100.00

Each additional unit over 20 $25.00

Amendment to Request $50.00 to request that is already filled

Ordinances

Zoning Ordinance $15.00

Subdivision Ordinance $10.00

Comprehensive Plan $50.00

Copies of Transcribed Minutes $1.00 per single sided page

Sign Deposit $50.00 refunded if returned within 7 days of the meeting

CONSIDERATION OF KERAMIDA ENVIRONMENTAL REMEDATION CONTRACT – WHITE COUNTY HIGHWAY DEPT.

White County Attorney George Loy presented the following information to the Commissioners as a result of the county’s settlement with IDEM for the Highway Department:

The contract confirms the terms on which Keramida Environmental will continue to provide environmental consulting services to White County in undertaking the investigation and remediation in, on and emanating from the White County site located at County Road 25 and U.S. Highway 24 in Reynolds, Indiana. In a reasonable and cost-effective manner consistent with the requirements of IDEM and the Indiana Excess Liability Trust Fund (ELTF), Keramida shall provide the environmental consulting services necessary to obtain from IDEM a “No Further Action” (NFA) determination for the site.

The contract requires Keramida to follow the ELTF reasonable cost guidelines (328 I.A.C. 1-3-5) in their bills to White County. Since the site is 90% eligible for the ELTF, Keramida agrees to seek reimbursement for 90% of its expenses from the ELTF.

White County agrees to pay the following: (1) 10% of Keramida’s remediation invoices within 30 days of Keramida’s submission of the invoice to ELTF; and (2) to pay the remaining 90% of the remediation invoice.

  • Commissioner Schmierer made a motion to approve the remediation agreement with Keramida Environmental for the clean-up at the White County Highway Department, seconded by Commissioner Burton. Vote: Unanimous

GARDEN LEASE FOR 2008

  • Commissioner Burton made a motion to approve the 2.156 acres garden lease to Jim Krintz for $100.00 per acre for 2008, seconded by Commissioner Schmierer. Vote: Unanimous

ACCEPT BIDS FOR HIGHWAY DEPT FOR 2008

White County Attorney George Loy announced that the time has expired for all bids to be submitted for the 2008 White County Highway Supplies. Attorney Loy opened the following bids that were submitted:

ITEM 1. 50,000 GALLONS OR LESS, GASOLINE

Excel Co-op, Monticello, IN BOND ACCEPTED

City Fuel & Heating, Monticello, IN BOND ACCEPTED

ITEM 2. 75,000 GALLONS OR LESS, DIESEL FUEL

City Fuel & Heating, Monticello, IN BOND ACCEPTED

Good Oil Co., Inc., Winamac, IN BOND ACCEPTED

Excel Co-op, Monticello, IN BOND ACCEPTED

ITEM 3. TIRES & TUBES

Pomp’s Tire Service, Inc., Remington, IN CHECK ACCEPTED

McCord Tires, Monticello, IN CHECK ACCEPTED

ITEM 4. 100,000 TONS OR LESS CRUSHED LIMESTONE

Hanson – Heidelberg Cement Group, Monon, IN BOND ACCEPTED

U.S. Aggregates, Inc., Delphi, IN BOND ACCEPTED

Vulcan Materials Company, West Lafayette, IN BOND ACCEPTED

ITEM 5. 15,000 TONS OF LESS ROAD GRAVEL, CEMENT GRAVEL, AND ICE SAND

Segal’s Delta Trucking, Inc., Reynolds, IN BOND ACCEPTED

Asphalt Materials, Inc., Indianapolis, IN BOND ACCEPTED

ITEM 6. 900,000 GALLONS OR LESS, A.E. GRADES OF BITUMINOUS MATERIALS

Asphalt Materials, Inc., Indianapolis, IN BOND ACCEPTED

Sem Materials, Warsaw, IN BOND ACCEPTED

ITEM 7. 30,000 TONS OR LESS, BITUMINOUS COATED PAVING MATERIALS

Central Paving, Inc., Logansport, IN BOND ACCEPTED

Rieth-Riley, Lafayette, IN BOND ACCEPTED

Milestone Contractors, Lafayette, IN BOND ACCEPTED

ITEM 8. 30,000 TONS OR LESS, BITUMINOUS COATED PAVING MATERIALS

Milestone Contractors, Lafayette, IN BOND ACCEPTED

Central Paving, Inc., Logansport, IN BOND ACCEPTED

Rieth-Riley Construction, Lafayette, IN BOND ACCEPTED

ITEM 9. RENTAL EQUIPMENT

Milestone Contractors, Lafayette, IN BOND ACCEPTED

Rieth-Riley Construction, Lafayette, IN BOND ACCEPTED

Segal’s Delta Trucking, Inc., Reynolds, IN BOND ACCEPTED

ITEM BACKHOE

Holt Equipment Co., Lafayette, IN BOND ACCEPTED

ITEM TRACTOR 95-100 HP FRONT WHEEL DRIVE

Howard & Sons, Inc., Monticello, IN BOND ACCEPTED

Commissioner Heimlich asked if there were any bids that were submitted but not opened. No response.

The Commissioners thanked everyone for submitting a bid and announced that they will take them under advisement and award at the next meeting.

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

President, Richard “Buzz” Horton Bruce Clear Gary Hendryx

Raymond “Butch” Kramer Dennis Carter Dennis Cain

Kevin “Casey” Crabb

REPORTS”

E-911

White County Communications/E-911 Director Terri Conwell presented a monthly report.

OCTOBER NOVEMBER

911 Calls 1,039 929

Admin 4,108 6,552

Amb. Runs 183 176

Terri reported that one of her full-time employees has quit and she has filled the position with a part-time employee.

HOSPITAL

White County Memorial Hospital CEO Paul Cardwell appeared presenting the Financial Report for November 2007.

Mr. Cardwell said that November was a good month bringing in over $3.1 million in gross revenue. The Funded Depreciation Account use to have $3.2 million but it was used to pay off the old debt from the old hospital and they now currently have $1.016 million left over. They will be transferring this amount to the Funds Bond Reserve account which currently already has $900,000. This is the account that they deposit the monthly $75,000 a month to make the first payment of the new hospital. This will make them ahead of the game now to make the first payment in for the hospital.

The cash position remains to be very strong at $7.335 million in which they have been using this money to buy new equipment.

The rest of the doctors in the medical arts building will be leaving this month. The building will be turned over for the Ivy Tech project on January 6th.

BUILDING INSPECTOR

White County Building Inspector, Dave Anderson, presented his monthly report for November and also a year end report for 2007. He reported that there were 55 permits issued last month, twelve of those were for new homes.

ENVIRONMENTAL OFFICER

White County Environmental Officer John Raines presented his monthly report for November. Mr. Raines said that right now the calls for complaints are slowing down because of all of the snow. The tonnage report for Liberty Landfill for November was 62,289.17.

ECONOMIC DEVELOPMENT

White County Economic Development Director Connie Neininger presented her Director’s Report for November 2007.

Calling out on existing businesses in the county last month, Connie said that she had a really good meeting with Adkev. Adkev currently has 100 employees and they are expecting to increase the amount even more within the next six months. Monticello Spring is now in their new building and the older building is now up for lease. Monticello Spring is now focusing on making their new building energy efficient. Connie is working with them on some grants to make this possible.

Rockland Flooring, Monon, is on a downturn and they just had to lay off some office employees. They are hoping that things will turn around within the next year.

Five new leads came in from the State and they are still looking for existing buildings with 150,000 - 200,000 sq. feet. She said that if she had these types of buildings along I-65, she could sell at least one a week.

Connie said that White County and Carroll County joined forces and held an employer breakfast which was paid for out of the WIRED grant money. There were 54 employers attending which gave them the ability to network with each other. Several businesses have called and said how much they have enjoyed it.

Wind Farms

Connie said Horizon now has over 12,000 acres under lease and they hope to have another 8,000 before Christmas. They will have all of their construction going in 2009.

Ivy Tech

Connie reported the great news that they did receive $415,928 in funds from the Wired grant for all of the technology equipment in the Ivy Tech building. She said that most likely all of the equipment will be owned by the Economic Development Organization or the Department of Workforce Development. The equipment will not be owned by the county.

Wired Grant

Connie explained that there is a group that is meeting monthly discussing the clean energy within the region. SIA has offered their facility in Lafayette for them to hold their workshop on Monday, January 28th. SIA is a zero landfill facility so they want to open their doors to any company/employer that wants to know how they do this. This will also be paid by the wired grant and everyone will receive a tour of the facility afterwards.

BID LETTING FOR THE IVY TECH PROJECT

Commissioner Heimlich announced the bids for the Ivy Tech renovation were opened on Thursday, December 13, 2007, in which seven bids were submitted.

The low bid was from Michiana Contracting, Inc., from Plymouth, Indiana for $936,820.00. Also requested with the bid was the following:

    1. Alternate No. 1 Roof Replacement bid at $66,000

    2. Alternate No. 2. CCTV Camera Security System bid at $30,200

The total bid price from Michiana Contracting was $1,033,020 and estimate given for the project from Fanning-Howey was $1.4 million.

Fanning – Howey has reviewed all of the bids and they have made the recommendation to the Commissioners to accept the low bid from Michiana Contracting, Inc.

Commissioner Schmierer said that he will make the motion but he would like to have it noted that the money received from various donations will be used to purchase the computer equipment and then reimbursed once the funds come in from the Wired Grant.

  • Commissioner Schmierer made a motion to award the low bid from Michiana Contracting, Inc., for the Ivy Tech renovation project for $1,033,020 contingent on the transferring of the medical arts building from the hospital to the county, seconded by Commissioner Burton. Vote: Unanimous

CONSIDERATION OF RESOLUTION AUTHORIZING TRANSFER OF WHITE COUNTY MEMORIAL HOSPITAL MEDICAL ARTS BUILDING

Commissioner Heimlich said that a Resolution is needed to transfer the property of the medical arts building to the county.

White County Attorney George Loy explained the procedure to transfer land between government entities. The White County Memorial Hospital will sell the medical arts building to the county for one dollar. The title search on the property shows that the building is owned by the White County Memorial Hospital and its Board of Trustees.

Attorney Loy said that he has written up a resolution for the county to purchase the property for one dollar and an identical resolution has been written up for the hospital to approve at their next board meeting.

  • Commissioner Schmierer made a motion to approve Resolution No. 07-12-17-01 authorizing transfer of the White County Memorial Hospital Medical Arts Building to White County, Indiana, seconded by Commissioner Burton. Vote: Unanimous

RESOLUTION NO. 07-12-17-01

WHEREAS, the real property and facility situated thereon commonly known as the “White County Medical Arts Building”, located at 1017 O’Connor Boulevard, Monticello, White County, Indiana, situated adjacent to the White Memorial Hospital, is currently owned by the White County Memorial Hospital and its Board of Trustees; and

WHEREAS, said facility has been previously used for doctor’s offices, medical supply offices, and related medical arts business; and

WHEREAS, a new White County Memorial Hospital and Medical Office Building is under construction on Sixth Street in Monticello, White County, Indiana, and said Medical Arts Building will no longer be used by the White County Memorial Hospital as a medical office building; and

WHEREAS, the White County Commissioners desire to purchase the said Medical Arts Building for One Dollar ($1.00) in order to remodel and convert said facility for use as a regional campus for Ivy Tech Community College;

NOW, THEREFORE, BE IT HEREBY RESOLVED, by the board of Commissioners of White County, Indiana, to purchase the Medical Arts Building located at 1017 O’Connor boulevard, Monticello, Indiana, more particularly described as follows:

Lots Numbered Fifteen A (15A), Sixteen A (16A), Seventeen A (17A) and Eighteen A (18A) in O’Connors Boulevard Addition, situated in Section 28, Township 27 North, Range 3 West, in Union Township, White County, Indiana, now a part of the City of Monticello, Indiana.

ALSO:

A tract of land in the Southeast Quarter of Section 28, Township 27 North, Range 3 West in the City of Monticello, Union Township, White County, Indiana, more fully described by: Commencing at the Northwest Corner of Lot 19A in the O’Connors Boulevard Addition in the City of Monticello, Indiana; Thence North 02 Degrees 00 Minutes West 50.00 feet; Thence North 88 Degrees 00 Minutes East 160.00 feet to a point on the East property line of Lot 18A in said O’Connors Boulevard Addition, said point being also the Point of Beginning: Thence North 02 Degrees 00 Minutes East 200.00 feet along the East property line of the above said Lots 15A, 16A, 17A, 18A; Thence North 88 Degrees 00 Minutes East 50.00 feet; Thence South 02 Degrees 00 Minutes East 200.00 feet; thence South 88 Degrees 00 Minutes West 50.00 feet to the Point of Beginning.

For the sum of One Dollar ($1.00)

BE IT FURTHER HEREBY RESOLVED, that the White County Commissioners shall be authorized to perform all other acts necessary to consummate the purchase of said property and pay any ordinary and necessary costs associated therewith.

LANDFILL ORDINANCE

White County Attorney George Loy said that an amendment to the Landfill ordinance, created in 1992, is being presented. The amendment will authorize the borrowing from the Landfill Reserve Fund and the repayment made back to the Reserve Fund with any lease payments for this specific project. This ordinance does not allow the borrowing of funds for anything else; it’s specifically for this project only.

Attorney Loy said that since the original ordinance was approved by both Commissioners and Council he is asking both parties to make the approval today. He said that the County Commissioners have already made their approval at the beginning of their meeting.

  • Councilman Dennis Carter made a motion to approve Ordinance No. 07-12-17-01 ordinance amending ordinance for Non-Reversion of monies received by White County under a recycling and disposal facility development and operation agreement, seconded by Councilman Kramer. Vote: Unanimous

At this time, the County Council members adjourned to their own meeting room.

MIKE SCHEURICH – PROPOSED VACATE ROADWAY

Mike Scheurich appeared before the Commissioners announcing that he has a building project that has a right-of-way that was platted in 1922-1926 that is causing a little interference.

Attorney Dowal Dellinger,Representing Mike Scheurich, presented a petition for the vacation of the public right-of-way in Union Township. Along with the petition a boundary survey and photos of the property were presented. Attorney Dellinger said that he has not advertised the petition yet; he just wanted to make the proposal to the Commissioners.

Attorney Dellinger said that he will advertise the petition and send notification to the adjoining property owners.

The Commissioners asked the Highway Superintendent if he had any questions with the proposal. Mr. Brooke said that he didn’t see any problems.

The Commissioners said that they will schedule this for the next Commissioners meeting in January 2008.

BIO-TERRORISM COORDINATOR

White County Attorney George Loy discussed the position of the Bio-Terrorism Coordinator and how the funding has been changed by the State. He said that there are now fourteen different deliverables from the State that must be completed to the State’s satisfaction before Mr. Gutwein, Bio-Terrorism Coordinator for White County, is paid.

Attorney Loy said that Mr. Gutwein would like to change his contract with the county that will allow him to be paid per deliverable that is completed and approved by the State on a per deliverable basis. If all of the deliverables are completed he will be paid $45,000 till August, 2008. He said that Mr. Gutwein did provide him a copy of a contract from Clinton County.

Attorney Loy said that the position will strictly be an independent contractor and he is responsible for all of his workman’s comp., taxes, work space, tools, etc. The State will pay the county and then we will pay him.

  • Commissioner Schmierer made a motion to approve an independent contractor’s agreement written up by the county attorney for the Bio-Terrorism Coordinator position to be paid on a deliverable basis after receiving approval from the State, seconded by Commissioner Burton. Vote: Unanimous

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

_______________________________ _____________________________ _____________________________

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

ATTEST: _____________________________

Jill Guingrich, Auditor