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BE IT REMEMBERED, that the White County Commissioners held a Regular Meeting on Tuesday, January 3, 2006, at 8:00 a.m. in the Commissioners Conference Room in the White County Courthouse.

 

Commissioners present were: President John C. Heimlich, Vice President Steve Burton, and Member O.D. “Bud” Ferguson. Also present was the White County Attorney George Loy and the Commissioners Assistant Donya Tirpak.

 

Commissioner President Heimlich called the meeting to order.

 

MINTUES

  • Commission Burton made a motion to approve the minutes as presented for the meetings on December 19, 2006 and December 28, 2006, seconded by Commissioner Ferguson. Vote: Unanimous

 

MONTICELLO PUBLIC LIBRARY BOARD MEMBER

Mr. Gerald E. Kolter submitted a letter to the Commissioners stating that he has served two four-year terms on the Monticello-Union Township Public Library and his is not wishing to serve another term. Mr. Kolter’s term expired on December 31, 2005.

 

DISPOSING OF COUNTY PROPERTY

Commissioner Heimlich asked the White County Attorney George Loy what rules do we have to follow to get rid of old computers and old shelving.

 

Attorney Loy said IC 36-1-11-6©: If the personal property to be sold is one item with an estimated value of less than $1,000, or more than one item with an estimated total value less than $5,000, the disposing agent may sell the property at public or private sale or transfer the property, without advertising. If the property is worthless, it may be demolished or junked. If any one item is worth of value, it has to be offered at a public sale (auction).

 

PUBLIC HEARING - PETITION TO VACATE

Commissioner Heimlich said that this hearing is a continuation from the last public hearing held on December 19, 2005. He asked if there was anyone in attendance who was not able to attend the meetings before and wishes to be heard today? There was no response.

 

Commissioner Heimlich said that he has indicated that he is leaning towards granting the petition to vacate but there were some things that have been discussed by the landfill that should be put in writing.

 

Commissioner Heimlich discussed the commitments/agreements from Liberty Landfill.

 

Commissioner Heimlich also said that he requested the landfill to include an escalator in our tipping fee with the waste that will be coming in from the expansion. The landfill has agreed to have the agreement amended.

 

Commissioner Ferguson said that he was bothered with all of the people that signed the petition and they don’t even live close to CR. 900 E.

 

Commissioner Burton explained that if the landfill was not there today then this wouldn’t be happening, but the landfill has been in existence and it will not be going away regardless of the outcome of the expansion.

 

  • Commissioner Burton made a motion to adopt Ordinance 06-01-03-01 Vacating the Public Platted Road in Cass/Liberty Townships, in White County, Indiana and this vacation also be predicated on this agreement with Waste Management on the road upgrade on the adjacent roads being signed and on the amendment to our host agreement extending the escalator clause to the additional capacity by this proposed expansion, seconded by Commissioner Ferguson. Vote: Unanimous

 

 

 

 

 

WHITE COUNTY ORDINANCE NO. 06-01-03-01

 

AN ORDINANCE VACATING A PLATTED PUBLIC ROAD IN CASS/LIBERTY

TOWNSHIPS, WHITE COUNTY, INDIANA

 

WHEREAS, a Petition has been filed with this legislative body of the White County, State of Indiana, seeking vacation of a portion of a Platted Public Road in Cass/Liberty Townships, White County; and

 

WHEREAS, the Board of Commissioner of White County, Indiana, has examined the Petition and has scheduled hearings upon said Petition and has given public notice thereof by publishing said notice in a newspaper of general circulation in the White County, Indiana, said publication being more than (10) days prior to the date of said final hearing, all pursuant to statute; and

 

WHEREAS, the Board of Commissioners of White County, Indiana, having heard evidence on said Petition and being sufficiently advised in the premises, finds that said Petition should be approved and granted, and that the Platted Public Road as specifically described in said Petition, should be vacated.

 

WHEREAS, the Board of Commissioners of White County, Indiana, having heard evidence on said Petition and being sufficiently advised in the premises, finds that said Petition should be approved and granted, and that the Platted Public Road as specifically described in said Petition, should be vacated.

 

NOW THEREFORE, BE IT ORDAINED, that the Platted Public Road located in Cass/Liberty Townships, White County, Indiana, be and the same is hereby vacated and said Road being more fully described as follows, to-wit:

 

A Tract of Land located in sections 7 and 12 of Township 28 North, Range 2 and 3 West of Cass and Liberty Townships, White County, Indiana, being the 40 foot Right-of-Way of a certain portion of County Road 900 East, more particularly described as follows: A tract of Land, 40 feet in width, lying 20 feet on each side of the following described centerline to-wit: Beinginning at the Southwest corner of Section 7 as evidenced by a railroad spike; thence North 00 26’ 17” West (Basis of Bearings) on the West Line of the Southwest Quarter of Section 7, a distance of 2647.46 feet to the West Quarter corner of section 7 as evidenced by a railroad spike; thence North 20’ 36” West on the West Line of the Northwest Quarter of Section 7, a distance of 662.16 feet to the Northwest corner of a parcel of land conveyed to Gregory E. Lawson, et al. Recorded in deed document 1985, page 751, being the terminus point of this centerline.

Tract contains 3.0 acres more or less.

 

The vacation of the roadway is expressly conditioned upon Waste Management of Indiana, LLC, facilitation of the following by either the White County Highway Department or an outside contractor, to-wit:

 

  1. County Road 1000 E. shall be widened and chipped and sealed for one (1) mile from SR 16 to County Road 1000 N.

  2. Chip and seal County Road 1000 N from County Road 800 E to 900 E and modify the current curve on County Road 1000 N by reducing the curve radius per county specifications, and replace the drainage culvert on County Road 1000 N.

  3. Relocating all utilities necessary from the vacated portion of County Road 900 E.

  4. Replace signage on County Road 1000 E and County Road 1000 N as required by the County.

 

The vacated portion of County Road 900 E, shall not be closed until the above items are completed to the satisfaction of the White County Commissioners.

 

The road vacation is, also, conditioned upon Waste Management of Indiana, LLC, not permitting any trash transfer semi vehicles, except for regular residential collection vehicles for customers, to use County Road 1000 E and County Road 1000 N from County Road 1000 N from County Road 800 E to County Road 1000 E, to gain

 

access to the landfill. County may enact any further ordinances including weight limit restrictions to enforce this condition.

 

All road widening and roadwork shall be performed to county specifications and to the satisfaction as determined solely by the White County Commissioners.

 

The Secretary of this legislative body shall furnish copies of this Ordinance to the County Recorder for recording and the County Auditor.

 

The vacated road shall become the property of Waste Management of Indiana, LLC only upon the granting of a landfill expansion permit by the Indiana Department of Environmental Management, satisfactory completion of conditions 1 through 4 set forth above, and the modification of the Host Agreement entered into between White County and Liberty Landfill, Inc., by said parties in order to extend the term of said Agreement for the life of the landfill as newly expanded by said permit, upon which the Auditor of White County, Indiana, shall enter the vacated road, described above, on the tax rolls of White County, Indiana, in the names set forth above.

 

Any public utility easement shall be unaffected by this vacation.

 

Passed and Adopted by the Board of Commissioners, County of White, State of Indiana, on this 3rd day of January, 2006.

 

 

 

 

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

 

 

 

 

______________________________ ________________________________ ____________________________

John C. Heimlich, President Steve Burton, Vice President O.D. “Bud” Ferguson, Member

 

 

 

 

 

ATTEST: ____________________________________

Mary Jo Pool, White County Auditor