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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on March 21, 2005, at the White County Courthouse, 2nd floor, Commissioners’ Chambers beginning 8:00 a.m.

Commissioners’ present was: John C. Heimlich, President and O.D. “Bud” Ferguson. Commissioner Steven Burton was absent. Also present was the White County Attorney George Loy, White County Auditor Mary Jo Pool, and White County Commissioners’ Administrative Assistant Donya Tirpak.

MINUTES

Commissioner Ferguson made a motion to approve the minutes as presented from the regular meeting held on March 7, 2005, seconded by Commissioner Heimlich. Vote: Unanimous

PAYROLL

Commissioner Ferguson made a motion to approve the payroll for March 28, 2005, seconded by Commissioner Heimlich. Vote: Unanimous

APPOINTMENT TO WAGE BOARD FOR THE SFLECC

Daryl Johns, Executive Director of the Shafer and Freeman Lakes Environmental Conservation Corporation (SFLECC), was present requesting the Commissioners to make an appointment to the Indiana Department of Labor Wage Board. The committee will determine the Common Construction Wages for the Lake Shafer – Lake Enhancement Project. The project is estimated to cost approximately $329,000.

Commissioner Ferguson made a motion to appoint Kathy Gross to the committee of the Common Construction Wage board for the SFLECC project, seconded by Commissioner Heimlich. Vote: Unanimous

AREA PLAN

Diann Weaver, Director, appeared before the Commissioners presenting the following:

Rezoning Petition #878

Chambers Liberty Landfill is requesting to rezone the following:

The Northwest Quarter (1/4) of the Southwest Quarter (1/4) of Section Seven (7), Township Twenty-Eight (28) North, Range Two (2) West, in Cass Township, White County, Indiana.

Also, the Southwest Quarter (1/4) of the Southwest Quarter (1/4) of Section Seven (7), Township Twenty-eight (28) North, Range Two (2) West, in Cass Township, White County, Indiana

They would like to rezone the property from an A-1 (Agricultural) to an I-2 (General Industrial). The property is located East of Buffalo on the Northeast corner of State Road 16 and County Road 900 E. The Area Plan Commission held a public hearing on March 14, 2005.

The Area Plan Commission voted to recommend the rezoning request to the Commissioners’ by a vote of 8 yes and 0 no.

Commissioner Heimlich asked if anyone was present to speak about the request. No response.

  • Commissioner Ferguson made a motion to approve Rezoning Petition #878 (Ordinance No. 478-05) for Chambers Liberty Landfill rezoning property from an A-1 to I-2, seconded by Commissioner Heimlich. Vote: Unanimous

Commissioner Heimlich said that the these rezoning approvals will move the landfill, which was granted a special exemption, out of it’s grand fathered zoning status and into compliance with current zoning requirements.

Rezoning Petition #877

Chambers Liberty Landfill is requesting to rezone 1.377 of an acre from an A-1 (Agricultural) to an I-2 (General Industrial). The property is located East of Buffalo at 8635 E. State Road 16. The Area Plan Commission held a public hearing on March 14, 2005.

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

Commissioner Heimlich asked if anyone was present to speak about this request. No response.

Commissioner Heimlich pointed out that this rezoning is for the actual landfill.

  • Commissioner Ferguson made a motion to approve Rezoning Petition #877 (Ordinance No. 477-05) changing the property from an A-1 to an I-2 for Chambers Liberty Landfill, seconded by Commissioner Heimlich. Vote: Unanimous

Amendment to the Zoning Ordinance

Diann Weaver resubmitted the Amendment to the Zoning Ordinance, which was tabled at the last Commissioners’ meeting. The amendment is changing the definition of a Front Lot Line and Front Yard. Commissioner Heimlich asked White County Attorney George Loy if he had any problems with this amendment. Attorney Loy said that he has not discussed it over with Cynthia Bowen, HNTB, but he himself did not have any questions or concerns with the wording.

  • Commissioner Ferguson made a motion to approve Ordinance No. 05-03-21-01 for the Amendment to the Zoning Ordinance changing the definition of a Front Lot Line and Front Yard, seconded by Commissioner Heimlich. Vote: Unanimous

AMENDMENT

TO THE ZONING ORDINANCE OF WHITE COUNTY

ORDINANCE NO. 05-03-21-01

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 IC36-7-4-607;

WHEREAS, the White County Area Plan Commission has reported that it held a public hearing concerning this ordinance on February 14, 2005, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana on or before the 7th day of February 2005 as required by IC36-7-4-604;

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 II: Rules and Definitions

    1. Definitions

Amend 2.1079 Front Lot Line, Page 10

  1. for a corner lot, means the line marking the boundary between the lot and the abutting street

segments therefore a corner lot shall have more than one front yard. When a lot has 2 front

yards that are contiguous there shall also be one side yard and one rear yard. A Double

Frontage (or Through) lot shall have two side yards and two front yards. When a lot has 3

front yards there shall also be one side yard.

Delete 2.1080 Front Yard, Page 10

Amend 2.1223 Yard, Page 24

  1. Front: A yard extending along the full length of the front lot line between the side lot lines and shall not include that part in use or to be used as a street and except that a corner lot shall have more than one front yard. Excepting also that in L-1, Lake Districts where the front yard is the area adjacent to the waterway. When a lot has 2 front yards that are contiguous there shall also be one side yard and one rear yard. A Double Frontage (or Through) lot shall have two side yards and two front yards. When a lot has 3 front yards there shall also be one side yard.

ANNUAL REPORT

Diann Weaver also presented the Commissioners a 2004 Annual Report for the White County Area Plan Department.

At this time, the Council President James Mann called the Council meeting to order in joint session with the Commissioners. The following Council members were present.

James Mann Richard Horton Kevin “Casey” Crabb

Ronald Schmierer Dennis Cain Faye Lowring

Dennis Carter

BUILDING INSPECTOR

White County Building Inspector Dave Anderson reported that there was a slow start for housing since the beginning of the year, but things are picking up in March.

E-911

Terri Conwell, 911 Director, appeared to report that the 4 & 2 schedule is working very, very well. A couple employees have come to her and even said “thank you”.

She will be running an ad for a part-time position because one employee will be quitting and taking a new job elsewhere.

LAKEVIEW HOME

Lakeview Home Director Kae Fuller was present but did not submit a report. She said she did not have anything new to report.

ENVIRONMENTAL OFFICER

White County Environmental Officer John Raines presented his report of Complaints and Violations for the month of February 2005.

Mr. Raines also discussed complaints that he was receiving about trash being on Hwy 43. John went to Terry Beasy, Manager at Liberty Landfill, and asked for his help. Liberty Landfill hired 8 paper pickers, and they picked up trash starting in Reynolds and worked their way towards the county line. Mr. Raines pointed out that all of the trash that was picked up was from the public throwing out of their vehicles and not from the trucks hauling to the landfill.

INDUSTRIAL FOUNDATION

Industrial Foundation Director Valerie Hunter presented her monthly report. She said that she has received a lot of interest in the APW building in Monon.

WHITE COUNTY MEMORIAL HOSPITAL

White County Memorial Hospital CEO Paul Cardwell was not present to give a report but Mr. Dean Fleck was present to give the report. Mr. Dean Fleck is a White County Memorial Hospital Board Member.

Mr. Fleck reported that the Hospital is receiving and reviewing the surveys that were submitted on whether or not we should have a new hospital. One hundred surveys have came back. They do have three possible sites and they are close to Monticello.

HIGHWAY DEPARTMENT

Highway Superintendent Steve Brooke was not present but submitted in writing a request for extra funds. The letter listed the following:

Request for Extra Funds

3 Trucks @ $70,000.00 $210,000.00

3 Snow Plows @ $5,500.00 $ 16,500.00

Total Equipment Cost $226,500.00

Hot Paving Mix:

Norway Road .9 miles $40,500.00

Francis St. .6 miles 27,000.00

175 N. Norway Bridge to 39 .6 miles 27,000.00

650 E. from 24 to Washington Street .3 miles 13,500.00

East Washington from 24 to cemetery 1 mile 45,000.00

East Shafer, Lowe’s Bridge to Norway Bridge 5.5 miles 247,500.00

Monon Road, Bailey Road to Corporation limit Monon 5.7 miles 256,500.00

Total Hot Mix $657,000.00

Total Project $883,500.00

Commissioner Heimlich said that he and the other Commissioners have met with Mr. Brooke and discussed the needs of the department and the Commissioners are supportive of this request.

Auditor Mary Jo Pool confirmed that in CEDIT there is approximately $1,093,000.00 and $802,000.00 in the Solid Waste budget. She also reported that $225,000.00 for the camera system at the Jail has not been paid yet. The CEDIT funds might continue to be cut like they were this year. This year they will get $583,581.00 compared to the $610,763.00 received last year.

Auditor Pool reported that the Cumulative Bridge Fund rate is currently at 5.85/5.9 which we are capped into right now because of reassessment. Currently, we have almost 3.5 million and it brings it around $600,000 a year.

6th STREET EXPANSION

Kevin Jasinski, Project Engineer from American Consulting Services, appeared before the Commissioners reporting that the land acquisitions are progressing. Kevin requested signatures on Title Sheets for the road and bridge.

Commissioner Heimlich announced that the State House did pass the Transportation Bill, which has 14.4 million allocated to White County for this year. Our consultant for the project feels really good about that and we will no more by late spring.

AT THIS TIME THE COUNCIL ADJOURNED TO THEIR OWN MEETING ROOM.

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

__________________________ ____________________________ ____________________________

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

ATTEST: _________________________________________

Mary Jo Pool, White County Auditor