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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on April 18, 2005, at the White County Courthouse, 2nd floor, Commissioners’ Chambers beginning at 8:00 a.m.

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

MINUTES

Commissioner Ferguson made a motion to approve the minutes for the April 4, 2005, meeting, seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

Commissioner Burton made a motion to approve the payroll for April 25, 2005, as presented, seconded by Commissioner Ferguson. Vote: Unanimous

PRE-PAID LEGAL SERVICES – LARRY DAVIS

Larry Davis, Independent Associate for Pre-Paid Legal Services, appeared before the Commissioners giving a presentation on their services. Pre-Paid Legal Services, Inc., is a company that will offer legal service to employees that choose to join their membership for a small monthly fee. Their service works just the same as a medical insurance policy. There would be no cost involved from the county and the deduction is taken out of the employee’s paycheck. The cost would be $7.36 per pay.

AREA PLAN

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

Rezoning Petition #873

Rangeline Properties, Inc., is requesting to rezone his property located West of Monticello at 19 S. 300 E. from a A-1 (Agricultural) to an I-2 (General Industrial). The Area Plan Commission did hold a public hearing on this request on April 11, 2005. Director Weaver said that there were several people who attended the meeting opposing the request. The Area Plan Commission voted to give no recommendation for this request to the Commissioners by a vote of 4 yes and 3 no.

Jeff VanWheelden, Owner of Rangeline Properties, said the he would like to rezone this property to an I-2 to bring it up-to-date with his other property that is currently zoned an I-2 with a special exception. Property that butts up along his property is also an I-2 zoning, which is currently being occupied as a junkyard. Mr. VanWheelden stated that he is also getting this property rezoned because there has been an issue about storing his trash containers on the property being zoned an A-1.

Commissioner Heimlich asked what exactly does he (Mr. VanWheelden) plan on doing with the property. Mr. VanWheelden said that he would like to get the property in compliance with the rest of his property so that if he parks on one side of his property he won’t have to come back in five months discussing where he is allowed to park.

Commissioner Ferguson asked that if he had this property rezoned to an I-2 if he would then use CR 300 to enter and exit the lot rather than travel on Division (Hanawalt Road). VanWheelden said that he could use CR 300 by putting in gravel from the back of the property and around to the front This would eliminate traffic on Hanawalt Road.

Commissioner Burton asked Diann when was the adjacent property (Junkyard) was zoned an I-2. Diann did not know exactly but estimated that it was done about three years ago.

Commissioner Heimlich asked Diann if it was true that if a person wanted to make an access through this property to the existing business the property would have to be rezoned. Commissioner Heimlich asked if the person could get an easement for a driveway through. Diann said that this question would have to go before her board and attorney and that she did not know the answer.

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

Mr. Donald Pauken , 1186 Hanawalt Road, questioned the Commissioners why there is any discussion or vote today on Rangeline Properties, Inc., rezoning petition #873 or #874. Mr. Pauken discussed two articles of the Area Plan Commission ordinance that should have dismissed the progress of VanWheelden’s rezoning on April 11, 2005, at the Area Plan Commission meeting.

  • Chapter IX Rules of Practice and Procedure of the White County Area Plan Commission,

Section 9.40 Final Disposition of Petition,

Article 9.4002 “Failure to Appear” states:

“When a petitioner or authorized representative has failed to appear to present his petition at either of two (2) consecutive meetings, the petition shall be dismissed”.

Mr. Pauken said that the petitioner or authorized representative failed to appear to present his petitions at the February and March meetings. Mr. Pauken argued that the zoning portion of the April 11, 2005, meeting is null and void.

Mr. Pauken also pointed out Article 9.004 “Voting & Decisions” says that:

All members present shall vote on every question unless they disqualify themselves or are excused from voting by a majority of the members present. No member of the Commission shall participate in the hearing or decision of such commission upon any matter, other than the preparation and enactment of an overall or comprehensive plan, in which they are directly or indirectly interested in a financial sense.

Mr. Pauken argued that the acting Area Plan Commission President, Mr. Jay Clawson, is also on the Monticello City Council, which just recently completed a monetary agreement with this petitioner’s business. Mr. Pauken feels that this constitutes an indirect interest in a financial sense. Furthermore, the acting Area Plan President participated in the zoning hearings in the decision by voting.

White County Attorney George Loy commented on Mr. Pauken’s second statement regarding Jay Clawson sitting on the City Council Board and also the White County Area Plan Commission. Attorney Loy explained that Mr. Clawson would have to have a “personal monetary interest” himself. The fact that he is a City Council member and is required to sit on the Area Plan Commission board and the Petitioner Rangeline Properties, Inc., having a contract with the City of Monticello for thrash pick-up, does not give him a personal pecuniary interest in the matter. Attorney Loy explained that Mr. Clawson is not profiting from the City’s contract.

Commissioner Heimlich said that Mr. Pauken is taking a liberal interpretation from the word “indirect”. Commissioner Heimlich explained that a lot of county and city officials sit on a variety of boards. Using your definition of “indirect interest” would almost be precluded because there are so many things that would come up and overlap.

Commissioner Heimlich asked Diann about Article 9.4002 “Failure to Appear”. Diann said that the procedures that the Area Plan Commission Board has always followed were that it can be tabled twice, but the petitioner would have to appear at the third meeting. Diann stated that she is “babbled by this” because this is the first time of hearing about this issue. Diann also stated that she did send a letter to the petitioner saying that he would have to attend the April meeting or it would be dismissed.

Mr. Pauken argued that he has a problem with the Area Plan Commission refusing to follow White County’s rules.

Commissioner Heimlich read the definition of the Article 9.4002 “Failure to Appear” and said, “It does appear to be pretty straight forward”. Director Weaver reviewed that the petitioner was first scheduled to appear at the February meeting and the decision was tabled until March. At the March meeting, Mr. VanWheelden notified the Area Plan office that he was unable to attend that meeting, so it was again tabled. In April a letter was sent to the petitioner saying that he must attend the April meeting or it would be dismissed, he then did attend.

Attorney Loy advised that any affected landowner can later challenge an action taken by either board but he feels that the County Commissioners do not have the jurisdiction to make a determination that should have been dismissed.

Commissioner Heimlich suggested a motion from the board to table this petition until discussion is made with the Area Plan Commission about this issue.

Commissioner Burton asked if there was anyone else in the audience that has any other concerns regarding legal issues.

Bill Pyle, 3562 E. Division Road, made known that he does have a dedicated wetland habitat approximately 17 acres and less than ½ mile from the dump site. Mr. Pyle discussed issues that he has opposing the rezoning request. Mr. Pyle’s strongly feels that there is a conflict of interest with the City Council Board Member Jay Clawson also being the acting President at the April’s meeting and making a vote. Mr. Pyle’s other complaint is the fact that if the Commissioners’ open this property to an I-2 zoning this will allow the petitioner to run a transfer station. Mr. Pyle said that the only thing holding the petitioner up from getting his approval from IDEM is the rezoning.

At this time, Commissioner Heimlich suggested that the Commissioners hear the second rezoning request on Rangeline Properties Inc., and make the motion for both of them together.

Rezoning Petition #874

Diann Weaver presented Rezoning Petition #874 from Rangeline Properties, Inc., requesting to rezone 4.0 acres of property located on the West of Monticello on the Northeast corner of Division Road and CR 300 E. The Area Plan Commission heard this request at a public hearing on April 11, 2005. Diann stated that there were many opposers at this meeting.

The Area Plan Commission voted to make no recommendation to the Commissioners by a vote of 3 yes and 4 no.

Tom Parsley, lives a ¼ mile north of this property and said that the 4 acres that the petitioner wants to use to store trash containers has a very low corner. He said that water stands on this spot ten months out of a year.

  • Commissioner Burton made a motion to table Rezoning Petition #873 and Rezoning Petition #874 until May 16, 2005, seconded by Commissioner Ferguson. Vote: Unanimous

AT THIS TIME, Council President James Mann called the Council to order in joint session with the County Commissioners. Council members present were:

James Mann Faye Lowring Dennis Carter

Dennis Cain Ronald Schmierer Kevin “Casey” Crabb Richard “Buzz” Horton

E-911

E-911 Director Terri Conwell appeared to give her monthly report. Terri said that when she attended the NENA (National Emergency Number Association) conference last month in Indianapolis she was told that the Governor has put Communications and E-911 Departments under the E.M.S. responsibilities. This will require all of the dispatchers to be EMD (Emergency Medical Dispatch) certified and then recertified every two years. Terri said that all of her dispatchers are already certified. Terri presented a copy of the new state law.

 

 

 

 

 

 

RECYCLE

Recycling Director Dawn Gerard reported that at the end of March the White County Recycling Collection has increased by 124,605 lbs and the profits our up by $10,500.21. The new box truck, which was paid for by a grant, has arrived and is in operation. A second trailer has been put in at the north location of Monticello.

 

WHITE COUNTY INDUSTRIAL FOUNDATION

Industrial Foundation Director Valerie Hunter reported that five lead packets and two business packets were sent out last month. The White County Industrial Foundation partnered with the Monticello Chamber of Commerce to hold their first Business Enhancement Workshop on April 3rd. There were six to eight business owners that attended the workshop.

 

WHITE COUNTY BUILDING INSPECTOR

Building Inspector Dave Anderson said that there were eight new homes built last month, which brings us even with last year.

 

WHITE COUNTY ENVIRONMENTAL OFFICER

Environmental Officer John Raines presented his Complaints and Violations report for March 2005.

 

Mr. Raines reported that Liberty Landfill took in 47,997 tons of waste last month. As the Landfill Operations Manager, Terry Beasy, was present, Environmental Officer John Raines took a moment to acknowledged and thank him for hiring paper pickers to pick up trash along Monon all the way to ST RD 16. John said that during these past few months, Liberty Landfill has gone above and beyond for their county.

 

Councilman Dennis Carter commented on Mr. Terry Beasy’s behalf that he travels on the south end of HWY 43 and noticed that all of the trash was picked up. Mr. Carter said that he has been approached by farmers asking who picked up all of the trash and they wanted to express their thanks to the landfill.

 

Councilman Richard Horton commented that HWY 16 really looks great.

 

LAKEVIEW HOME

Lakeview Home Director Kae Fuller said that she has received a $500 offer on the Van once owned by a resident. Attorney Loy explained that if the offer is no more than $500 the county could accept the offer without doing an advertisement.

 

Kae submitted two applications for admittance into the home. One application is for a person that only stayed for four days and the other application is for a private pay and she intends to stay out for a while.

 

Kae attended a State meeting in Kokomo on April 14th and she was told some good news on some changes that the Governor will be putting into effect.

Councilman James Mann asked what the Hospice groups entail. Kae explained that the Federal Government is urging the use of this service and making funds available for this.

WHITE COUNTY COUNCIL & AGING

Council & Aging Director Gale Spry appeared giving a quarterly report. She explained that the Council & Aging reimbursements and reports submitted to the Indiana Department of Transportation are done quarterly, which she submitted a copy. Previously this was always done by K-IRPC and now Gale and her assistant are doing them. The Council and Aging reported $48,897 worth of total expenses and will receive $35,706 in reimbursements.

WHITE COUNTY MEMORIAL HOSPITAL

White County Memorial Hospital CEO Paul Cardwell presented a copy of the Financial Analysis for March 31, 2005.

The hospital has had a busy March giving them a gain of $225,000 for the month. The board is about to review the results of the 400-telephone survey’s done by the Indiana Design Consortum. The end result of the survey was 62% were in favor of a new hospital and 8% were not in favor.

WHITE COUNTY HIGHWAY DEPARTMENT – QUOTES FOR A NEW ROOF

White County Attorney George Loy opened three sealed quotes for a new roof at the White County Highway Department. Quotes were submitted from the following:

Keith Shoaf Roofing, Pine Village, IN $27,800.00

Jerry Garbison, Monticello, IN $26,100.00

Deno Roofing, Monticello, IN $24,500.00

The Commissioners will take the quotes under advisement giving the Highway Superintendent a chance to look them over and award them at the next Commissioners meeting.

WOLCOTT CORRIDOR UPDATE

Webb Bernhardt, American Consulting Engineer, said that his company has completed and presented the preliminary design report to the Construction Committee on April 7th. Mr. Bernhardt discussed the size of the systems that will be needed for the water and sewer. Currently, they are looking at a system that will support 2,300 employees. This system could be phased in or built as needed.

Changes to the project are as follows:

  • Parameters of the Industrial Park – CR 1200 to CR 1000 (north of tracks), but to include parcel #012-78530-00, 40.9819 acres, owned by Robert Mathew.

  • Initially, the project included a small section of gravity sewer. Due to shallow bedrock it would be too costly to install gravity lines. The project is now designed for force main all the way to Wolcott.

A total cost estimate of the project is approximately $3 Million.

PROPERTY RECORD CARDS

Commissioner Heimlich discussed a contract that was submitted from Plexis Group for providing an Internet website consisting of the information on the property record card from the County Assessor’s office. The amount for the service is $9,720.00. The Assessor’s office is very much in favor of putting this information on the Internet because it will be much easier for the public to access rather than coming into the Courthouse. We will not be charging for this public information from the Internet.

  • Commissioner Burton made a motion to approve the contract with Plexis Group for $9,720 to put the White County’s Property Record Card on the Internet, seconded by Commissioner Ferguson. Vote: Unanimous

Commissioner Heimlich suggested to the County Attorney Loy that a Resolution be written up for this.

INFORMATION BOOTH - MONTICELLO LAKES RESORT ASSOCIATION

Mary Walker and Sandy Winters submitted a list of request that will continue or extend what the County Commissioners provide at the Information Booth. Mary Walker asked the Commissioners the following:

  1. Could personnel who answer telephones take names and addresses of those asking for INFO of the area and we will mail FUN PAKS to them. We will provide the notebook to use for listing inquiries.

The Commissioners granted permission for this.

  1. Permission on making the telephone number available year round by putting in an answering machine after season, and after hours. We can monitor the machine and take names & addresses requesting INFO and mail them FUN Pak’s.

The Commissioners said that they will look into the cost of call forwarding since there will be a permanent building.

  1. Has there been any consideration in advertising the telephone number? Since the numbers spell INFO it opens interesting advertising ideas. The Indiana Travel Guide deadline is June 15 for a 2-year magazine ad. There are other advertising options available. Any advertising now would really be for the 2006 season. (We could gather info for you to review).

Councilman Schmierer said that the County did pay for the last two years of advertising in the Indiana Travel Guide and he was not aware of when the deadline was for the future. In the past, the County has worked with the Visitors Bureau on setting this up. They are planning on continuing the advertisement.

  1. Do the Commissioners currently fund the monticelloin.com website? Is there a way that the INFO Booth and telephone number could be promoted on the website?

Commissioner Heimlich is currently working with the Visitor’s Bureau President Lynn Deno on the website issue because they have had some problems with updates. The County is willing to continue funding the website if it was something that they could use to get information out in a timely manner.

  1. MLRA is willing to purchase the answering machine if necessary.

  1. MLRA is interested in helping to establish the continued success of the INFO Booth.

Commissioner Schmierer will be receiving quotes on the plumbing and electrical work for the new building.

LAKEVIEW HOME APPLICATION

  • Commissioner Ferguson made a motion to accept the application of Bonnie G. Smith of Monticello for admittance to the Lakeview Home, seconded by Commissioner Burton. Vote: Unanimous

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

________________________________ ___________________________ ______________________________

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

Attest: ________________________________

Mary Jo Pool, White County Auditor