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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on May 16, 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 Commissioners’ Administrative Assistant Donya Tirpak.

MINUTES

Commissioner Ferguson made a motion to approve the minutes from the regular meeting on May 2, 2005, seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

Commissioner Burton made a motion to approve the payroll for May 23, 2005, seconded by Commissioner Ferguson. Vote: Unanimous

HEALTH DEPARTMENT

Commissioner Heimlich explained that in the past the Food Sanitarian, Linda Russow, and her part-time assistant, Maria Green, were required by the State to offer a food-training course for White County. This is no longer a requirement from the State. Maria Green, part-time Food Sanitarian Assistant, has decided to continue the training course offered from herself and she will be making a profit. Maria Green is asking the Commissioners permission to hold a food-training course in the conference room of the courthouse.

Commissioner Heimlich feels that if you open this door for one person making a profit then it would have to be open for others. She is no longer a part of the Health Dept. when she is offering this course.

The County Commissioners made a unanimous decision not to let Maria Green hold a food-training course in the County Courthouse.

WHITE COUNTY FOOD PANTRY – PROPERTY TAXES

Commissioner Heimlich was contacted by representatives of the Food Pantry regarding a current tax bill that they received for the May 10th collection for the new building in Norway. The name on the tax statement is Dale E. Ward & Anna Fay because they purchased the building as a favor to the food pantry until the grant money came through.

The Ward’s purchased the building in September 2003 and the title was finally transferred to the County in December of 2004, leaving the Ward’s the owner before March 1st. The total due on the taxes is $1,353.42.

Attorney George Loy said that since this is a county project, the Commissioners could legitimately decide that they are responsible for the taxes but there is no way of waving the taxes entirely. From this point on there will be no taxes due because the county will own the property for the next five years.

  • Commissioner Burton made a motion that the County assumes the 2004 payable 2005 taxes ($1,353.42) for the White County Food Pantry building in Norway, seconded by Commissioner Ferguson. Vote: Unanimous

PUBLIC HEARING – LAKEVIEW HOME GRANT APPLICATION

Commissioner Heimlich said that the County Commissioners have discussed in the past of applying for a grant to the Community Development Block Grant (CDBG) Planning Program. The funds will be used to prepare a feasibility study on improvements (elevator for 2nd floor) to the County Lakeview Home.

The public hearing has been legally advertised and the meeting will be held on May 16, 2005, at 8:15 a.m. at the White County Courthouse, Commissioner’s Room to provide interested parties an opportunity to express their comments or questions on the proposed federally funded CDBG project.

Edwin Buswell, Kankakee-Iroquois Regional Planning Commission, said that the CDBG funds being requested are $39,240.00, with a local match of $4,360.00. Commissioner Heimlich said that the local match has been raised by the Friends of Lakeview.

Commissioner Heimlich asked if there was anyone present wishing to be heard or have any questions on this project.

There being no further questions or comments about the grant, the public hearing is closed.

  • Commissioner Ferguson made a motion to approve Resolution #05-05-16-01 Authorizing the Submittal of the Planning Grant Application to the State of Indiana and Addressing Related Matter, seconded by Commissioner Burton. Vote: Unanimous

RESOLUTION NO. 05-05-16-01

AUTHORIZING THE SUBMITTAL OF THE PLANNING GRANT APPLICATION TO THE STATE OF INDIANA AND ADDRESSING RELATED MATTERS.

WHEREAS, the Board of Commissioners of White County, Indiana recognizes the need to stimulate growth and to maintain a sound economy within its corporate limits; and

WHEREAS, the Housing and Community Development Act of 1974, as amended, authorizes the Indiana Department of Commerce to provide grants to local units of government to meet the housing and community development needs of low and moderate income persons; and

WHEREAS, White County, Indiana has conducted or will a conduct public hearing prior to submission of an application to the Indiana Department of Commerce, said public hearing to asses the housing, public facilities and economic needs of its low and moderate income residents;

NOW THEREFORE, BE IT RESOLVED by White County, Indiana, that:

  1. The Board of Commissioners President is authorized to prepare and submit an application for grant funding to address the completion of a feasibility study on improvements to the county’s Lakeview Home, and to execute and administer a resultant grant including requisite general administrative and project management, contracts and agreements pursuant to regulations of the Indiana Department of Commerce and the United States Department of Housing and Urban Development.

  1. White County, Indiana, hereby commits the requisite local funds in an amount up to but not exceeding $4,360 from Friends of Lakeview Home, as matching funds for said program, such commitment to be contingent upon receipt of funding from the State of Indiana.

Adopted by the White County, Indiana this 16th day of May, 2005.

APPLICATIONS TO LAKEVIEW HOME

Lakeview Home Director Kae Fuller submitted two applications requesting admittance into the home. The applications were for George Morrison and Kevin Sheroan and they will both be ARCH paid.

  • Commissioner Ferguson made a motion to approve admittance applications into Lakeview Home for Kevin Sheroan and George Morrison, seconded by Commissioner Burton. Vote: Unanimous

COUNCIL & AGING

Gale Spry, Director of Council & Aging, submitted an “Intent To Apply For Funding Form” requesting signatures from the Commissioners. The Commissioners must submit a letter of “intent to apply” for the Transportation Grant by June 6, 2005.

  • Commissioner Burton made a motion to apply for the 2006 Transportation Funding Grant for the Council & Aging, seconded by Commissioner Ferguson. Vote: Unanimous

AREA PLAN

Area Plan Director Diann Weaver appeared presenting the following:

Rezoning Petition #873

Rangeline Properties, Inc., is requesting to rezone property located West of Monticello at 19 S. 300 E. from an A-1 (Agricultural) to an I-2 (General Industrial). The Area Plan Commission voted to give no recommendation for this request to the Commissioners by a vote of 4 yes and 3 no.

At the last Commissioners’ meeting on April 18, 2005, it was argued by Mr. Donald Pauken, 1186 Hanawalt Road, why there is any discussion or vote on Rangeline Properties, Inc., Rezoning Petition #873 or #874. Mr. Pauken discussed an article 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”.

Diann Weaver submitted a list outlining when the applications were filed, when the request was tabled, what was transpired at the meetings, and the discussions that were made at the APC meetings. Diann said that there was no discussion about Article 9.4002 “failure to appear” at the meetings from the APC.

Commissioner Heimlich said that he was informed last week that the issue that was raised dealing with Petition #873 & Petition #874 has been appealed. The appeal is appealing the decision by the APC to allow the rezoning petitions to move forward after the two meeting’s in which they were tabled. This appeal will go the Board of Zoning Appeals at their June 16, 2005 meeting.

Commissioner Heimlich explained to the public that Article #8.30 says that if an appeal is filed that the furtherance of that matter is in affect stayed until the appeal is ruled on. Commissioner Heimlich said that the Commissioners couldn’t act on this until the appeal is heard.

Attorney George Loy confirmed that Commissioner Heimlich is correct and that this concern came up two meetings ago expressed by Mr. Pyle and Mr. Pauken and we advised them to an appeal to the BZA or court proceeding. This issue will be heard at your June 16, 2005, meeting. The Commissioners have no choice but to stay any further determination pending ruling by the BZA.

Commissioner Heimlich said that according to the rules the Commissioners have 90 days to act on a matter after it has been passed to them by the APC, 90 days would not be up until July.

  • Commissioner Ferguson made a motion to table Rezoning Petition #873 & Rezoning Petition #874 until the Commissioners meeting on June 20, 2005, which will be after the Board of Zoning Appeals, seconded by Commissioner Burton. Vote: Unanimous

Rezoning Petition #880

Michael E. & Bonita M. Triplett are requesting to rezoning 0.39 of an acre from an L-1 (Lake Residence) to a B-2 (General Business). The property is located South of Lowe’s Bridge at 4866 N. Boxman Place. The APC held a public hearing on May 9, 2005. The APC recommended this amendment to the Commissioners by a vote of 9 yes and 0 no.

Mr. Tripplett was present to submit a written commitment to the request. The commitment stated that they will not run any other business under the B-2 classification other than the Bed & Breakfast Lodge, they must connect to the Twin Lakes Regional Sewers and they cannot encroach onto the SFLECC’s property unless given permission.

Commissioner Heimlich asked if there was testimony or written rejection against this request. Diann Weaver confirmed that there was not. Commissioner Heimlich asked if there was anyone present to speak about this request. There was no response.

  • Commissioner Ferguson made a motion to approve Rezoning Petition #880 (Ordinance No. 482-05) from an L-1 to a B-2 for property located South of Lowe’s Bridge at 4866 N. Boxman Place for Michael E. & Bonita M. Triplett, seconded by Commissioner Burton. Vote: Unanimous

Rezoning Petition #881

Curtis L. & Sherri L. Blount is requesting to rezone Lot Number 20 in Leisure Acres Estates from an A-1 (Agricultural) to a R-2 (One and Two Family Residential). The property is located North of County Road 225 North off of County Road 400 E. on the south side of Hiawatha Drive.

The Area Plan Commission held a public hearing on May 9, 2005, where there were opposes at the meeting. The Area Plan Commission voted to recommend this amendment to the Commissioners by a vote of 6 yes and 3 no.

Diann Weaver said that the subdivision was plated prior to Area Plan and they are not one-acre lots and they are all platted Agricultural. Back behind this subdivision there is an area that is zoned Residential.

The petitioner is requesting the rezoning because the setback requirements for a Agricultural zoning is Front 60’, Rear 100’, and Sides 15’ compared to a Residential zoning the setbacks are Front 32’, Rear 30’, and Sides 8’.

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

Curtis Blount, petitioner, explained that the need for the rezoning is for the side setbacks because the house is going to be 87’ off the edge of the road. There will be plenty of room for the rear.

Jim Reynolds, resident in subdivision, said that he built his house before Area Plan and one side of his house is only 8’ from the property line and he does not think that the petitioners rezoning will be a problem. He stated that Mr. Blount would be a great asset to the neighborhood for the house that he is building.

Ken Kelley, resident on Potowatomie Drive, opposed the rezoning because the area is zoned A-1 to try to keep the lots spaced out and more privacy between the houses.

Commissioner Ferguson made a motion to approve Rezoning Petition #881 from an A-1 to R-2 for Curtis L. & Sherri L. Blount for property located at County Road 225 North off of County Road 400 E. on the South side of Hiawatha Drive, seconded by Commissioner Burton. 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

RECYCLE

Dawn Gerard, Director of Recycle, reported that the recyclable collections are up 175,000 lbs compared to last year. Dawn is currently working on the IDEM Grant application that is due August 19, 2005. She would like to purchase a three-quarter ton truck with the funds. The Commissioners gave her permission to get estimates.

HIGHWAY DEPT.

White County Attorney George Loy announced that the Commissioners have legally advertised the request of bids for three 37,600 lb dump trucks. Bids were accepted from the following:

Wiers International, Logansport, 2006 International 7300 Model, $49,903 ea, (3 trucks $149,709.00)

2006 International 7400 Model, $53,056 ea, (3 trucks $159,168.00)

Great Lakes Peterbuilt, Brookston, 2006 Peterbuilt Model L335, $56,977.00 ea, (3 trucks $170,931.00)

Mike Raisor Ford, Gary, 2006 L7500 Sterling Truck $50,259.00 each (3 trucks $150,777.00)

Commissioner Heimlich asked if there was anyone in attendance that submitted a bid that was not read. No response.

Commissioner Heimlich said that the Commissioners will take the bids under advisement and award them at the next Commissioners meeting on June 6, 2005.

INDUSTRIAL FOUNDATION

Valerie Hunter, Director, said that the Strategic Plan met this year to revisit the 2005 goals. Valerie said that she is the chairperson for the Marketing Task Force and they are creating a Countywide Community Calendar for the 2005 season.

Representatives from Benton, Carroll and White County met with Vic Leckenberg, Purdue Community Engagement, on April 19th, discussing the benefits available to our counties from Purdue University.

BUILDING INSPECTOR

Dave Anderson, Bldg. Inspector, reported that 74 permits were issued last month and seven were for new houses.

ENVIRONMENTAL OFFICER

John Raines, Environmental Officer, presented the Complaints and Violations for April 2005. County Attorney George Loy has one violator that will be taken to court in June.

Liberty Landfill is continuing to construct the power plant building and they are about 50% completed. Liberty Landfill is now in the process of putting in a new cell.

LAKEVIEW HOME

Kae Fuller, Director, asked permission to keep the money from selling a residents van for petty cash at the home. There are several occasions where she needs some cash to buy miscellaneous items. Permission was not granted.

Kae is holding a Physician’s and Staff Breakfast on May 24th giving tours of the building and introducing staff members. This will hopefully encourage physicians to recommend Lakeview Home to their patients.

WHITE COUNTY MEMORIAL HOSPITAL

Paul Cardwell, Hospital CEO, presented a Financial Analysis report for April 30, 2005,

 

Mr. Cardwell is very pleased with a report that came out from Advantage Corporation. Advantage Corporation is a company that looks at all of the hospitals throughout the country and ranks them by state of the most affordable and efficient. White County was ranked the most affordable for Medicare patients throughout Indiana.

For the month of April the hospital had a net income in operating gain $313,000.00 and a $336,000.00 in net gain.

Councilman Horton asked Mr. Cardwell if he feels comfortable with the financials to remodel or build a new hospital. Mr. Cardwell explained that in the “Cash Position” the hospital has approximately $7,009,388.72 compared to six years ago the amount was $600,000.00. The hospital board has looked into bond issuance, what interest rates will be, debt service load and ability to pay based on the net income and even hired an outside accounting and auditing group. The accounting and auditing group gave a presentation to the board giving affirmation that they do have the ability to financial support the construction of a new hospital.

Mr. Cardwell confirmed that the amount still owed on the old facility is $3,350,000.00.

AT THIS TIME, the White County Council adjourned to their own meeting.

WHITE COUNTY BOARD OF AVIATION COMMISSION

Commissioner Ferguson made a motion to accept the letter of resignation from Jim Allen serving on the White County Board of Aviation Commission, seconded by Commissioner Burton.

Vote: Unanimous

AMERICAN CONSULTING, INC.

Kevin Jasinski, Project Manager, presented three copies of a Construction Inspection/Observation Services for Sixth Street/West Shafer Drive Reconstruction contract.

Mr. Jasinski said that the final cost of relocating the sanitary sewer would be approximately $314,000.00. The Sanitary Sewer will be a Contract generated through INDOT.  It's called a "Reimbursable Utility Agreement". The next step of the process is sending the relocation plans to IDEM.

After today, there is only one outstanding parcel left, which is the restaurant. The rest of the offers should be going out this week.

Ice Miller and ACE will be meeting with INDOT this week discussing all of the financials for the project making sure that all of the funding is where it needs to be. They will also move $400,000.00 of federal funds from the middle section project to the north section of the project for construction. The letting is still set for September 14, 2005.

HIGHWAY DEPT. – TRUCK BIDS

White County Attorney George Loy said that the bid from Mike Raisor Ford from Gary, Indiana, couldn’t be accepted because the bid was not complete.

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