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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on August 1, 2005, at the White County Courthouse, 2nd floor, Commissioners’ chambers beginning at 8:00 a.m.

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

MINUTES

Commissioner Ferguson made a motion to approve the minutes as presented for the July 18, 2005, regular meeting, seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

Commissioner Burton made a motion to approve the payroll for July 18, 2005, seconded by Commissioner Ferguson. Vote: Unanimous

CLAIMS

Commissioner Burton made a motion to approve and pay the claims as advertised, seconded by Commissioner Ferguson. Vote: Unanimous

APPOINTMENT - WHITE COUNTY HEALTH BOARD

Commissioner Heimlich discussed Dr. Louis Abbott’s resignation and his term ending December 31, 2006. A recommendation of Michelle Nichols was made by the Health Board to fill the unexpired term. Mrs. Nichols does have the qualifications required (Registered Nurse) listed in the statue for the appointment.

Michelle Nichols appeared before the Commissioners saying that she has been a Registered Nurse for several years and she is currently working for the White County Memorial Hospital. Michelle is a resident of Monticello and she is honored to serve on the board.

  • Commissioner Ferguson made a motion to appoint Michelle Nichols to fill the unexpired term of Dr. Louis Abbott to the White County Health Board, which expires on December 31, 2006, seconded by Commissioner Burton. Vote: Unanimous

PROPOSED SEPTIC TANK ORDINANCE

Dan Banes, White County Environmental Health Specialists, proposed a new Septic Tank Ordinance to the County Commissioners because the current ordinance is from 1978 and outdated. Mr. Banes said that the state-mandated ordinance went into effect in 1990 but this one will also require all contractors to be certified and not “fly by night” contractors. Also, homeowners that want to “do-it-yourself” will be required to take a quick test showing that they do know what they are doing on their lot.

White County Attorney George Loy said that the proposed ordinance is a draft that he has put together after several meetings with Dan Banes and Gwynn Rusinek, Office Administrator of the Health Dept. Attorney Loy explained that the ordinance does call for the contractors to be IOWPA (Indiana Onsite Waste Water Professional's) certified. Mr. Loy said that this ordinance does need to be legally advertised in the newspapers and a public hearing should be held.

According to Banes there are currently thirty-one other counties in the state that have approved the IOPEA Certification requirement for their county contractors. This certification is a two-three day course and the cost is about $300. The classes will be offered to the contractors during the winter months.

  • Commissioner Burton made a motion to advertise the proposed White County Septic Onsite Sewage Disposal Ordinance and hold a public hearing on September 6, 2005, seconded by Commissioner Ferguson. Vote: Unanimous

PROPOSED ORDINANCE ESTABLISHING THE WHITE COUNTY INDENTIFICATION SECURITY PROTECTION FUND – DONNA SALOMON

Commissioner Heimlich discussed an ordinance that was proposed by the White County Recorder Donna Salomon on July 18, 2005. The ordinance was passed by the General Assembly (Per IC 36-2-7.5-6) stating that the County Council must establish the County Identification Security Protection Fund by January 1, 2006. This fund is for depositing $2.00 from the recording of a declaration form, which must be recorded with every document.

Commissioner Heimlich asked if there was anyone present that had any questions. No response.

  • Commissioner Burton made a motion to approve Ordinance #05-08-01-02 Establishing the White County Identification Security Protection Fund, seconded by Commissioner Ferguson. Vote: Unanimous

ORDINANCE NO. 05-08-01-02

Ordinance Establishing The White County Identification Security Protection Fund

WHEREAS, Indiana Code 36-2-7.5-11 provides that each county legislative body shall establish an identification security protection fund to be administered by the County Recorder, and

WHEREAS, the Board of Commissioners of the County of White, Monticello, Indiana, is the county legislative body for White County, Indiana:

NOW, THEREFORE, BE IT HEREBY ADOPTED AND ORDAINED by the Commissioners of White County, Indiana, as follows:

1. FUND: pursuant to Indiana Code 36-2-7.5, the White County identification Security

Protection Fund (“FUND”) is hereby established as of January 1, 2006.

2. ADMINISTRATION: The Fund shall be administered by the White County Recorder.

  1. APPROPRIATION: Expenditures from the Fund shall be subject to appropriation by the

White County Council.

  1. DEPOSITS: The Fund shall consist of the fees deposited in the Fund by the White County

Recorder pursuant to Indiana Code 36-2-7.5-6.

  1. USE OF FUND: The White County Recorder may use money in the Fund only to purchase,

upgrade, implement, or maintain redacting technology used in the Office of the White County

Recorder.

  1. NON-REVERING FUND: Money in the Fund shall not revert to the White County Council General Fund.

  1. GOVERNING LAW: The Fund shall be governed by and subject to the provisions of Indiana Code 36-2-7.5, as amended.

ORDAINED AND ADOPTED on this 1st day of August, 2005.

AMEND COUNTY RECORDER ORDINANCE

Commissioner Heimlich discussed the White County Recorder Donna Salomon appearing at the Commissioners meeting on July 18, 2005, requesting an amendment to the Plat Recordation Ordinance (00-02-07-01).

Section (I) in the ordinance currently reads:

  1. After recordation, the Mylar original will be released to the developer and the Mylar print shall be retained in the plat file of the office of the Recorder in White County.

Recorder Salomon is requesting that the reading be amended to say:

  1. After recordation, the Mylar print will be released to the developer and the Mylar original shall be retained in the plat file of the office of the Recorder in White County. The developer may bring 2 originals, and retain one after recordation.

White County Attorney George Loy did provide an ordinance amending Ordinance No. 00-02-07-01.

  • Commissioner Burton made a motion to approve Ordinance No. 05-08-01-03 amending Ordinance No. 00-02-07-01 for the Plat Recordation Ordinance, seconded by Commissioner Ferguson. Vote: Unanimous

WHITE COUNTY ORDINANCE NO. 05-08-01-03

Ordinance Amending Ordinance No. 00-02-07-01

Plat Recordation Ordinance

WHEREAS, the White County Board of Commissioners on February 7, 2000, passed and adopted Ordinance No. 00-02-07-01 “Plat Recordation Ordinance” which provides for the procedure for the recording of subdivision plats by the Recorder of White County; and

WHEREAS, said Ordinance erroneously provided for the release of the mylar original to the subdivision developer after recordation; and

WHEREAS, it is the intent and desire of the Board of Commissioners of White County to correct and amend said Ordinance accordingly.

NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE BOARD OF COMMISSIONERS OF WHITE COUNTY, INDIANA, as follows:

    1. Paragraph 1 (I) of Ordinance 00-02-07-01 is hereby repealed and instead amended to read as follows:

After recordation, the print will be released to the developer and the Mylar Original shall be retained in the Plat file of the Office of the Recorder of White County.

    1. That said Ordinance No. 00-02-07-01 shall, in all other respects, remain in full force and effect.

    1. That this Ordinance shall be in full force and effect from and after its adoption and passage.

PASSED AND ORDAINED on this 1st day of August, 2005.

APPROVE TRANSPORTATION GRANT APPLICATION TO INDOT FOR THE WHITE COUNTY COUNCIL & AGING

Gale Spry, Director of White County Council & Aging, appeared before the Commissioners presenting the application for a grant under Section 5311 of the Federal Transit Act. The grant is due August 15, 2005.

This document will authorize White County Council on Aging to file an application on behalf of the White County Commissioners for state and federal funds for the Public Transportation grant.

  • Commissioner Burton made a motion to adopt Resolution No. 05-08-01-01 Authorizing the Filing of Application for a grant under Section 5311 of the Federal Transit Act, as amended, seconded by Commissioner Ferguson. Vote: Unanimous

 

 

 

RESOLUTION NO. 05-08-01-01

Resolution authorizing the filing of an application for a grant under Section 5311 of the Federal Transit Act, as amended.

WHEREAS, the U.D. Department of Transportation is authorized to make grants to states through the Federal Transit Administration (FTA) to support capital, operating and feasibility study assistance projects for nonurbanized public transportation systems under Section 5311 of the FTA Act of 1964, as amended;

WHEREAS, the Public Transit Section, Indiana Section, Indiana Department of Transportation (INDOT) has been designated by the Governor to make Section 5311 grants for public transportation projects;

WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs;

NOW, THEREFORE, BE IT RESOLVED BY THE WHITE COUNTY BOARD OF COMMISSIONERS:

  1. That White County Council on Aging is authorized to execute and file an application on behalf of the White County Board of Commissioners with the INDOT to aid in the financing of transit assistance projects pursuant to Section 5311 of the Federal Transit Act, as amended.

  1. That the White County Council on Aging is authorized to furnish such additional information as INDOT may require in connection with the application.

  1. That the White County Council on Aging is authorized to execute grant contract agreements on behalf of the White County of the White County Board of Commissioners.

Gale also stated that in case of emergencies (tornado/floods, etc.) the White County Council and Aging have a security plan in place. They do have a list of people who live alone and they can assist with drivers and vehicles to help those people when needed.

6th STREET EXPANSION UPDATE

Kevin Jasenski, Project Manager, requested an approval on the City/County Utility Reimbursement Agreement, which will be between White County and Twin Lakes Regional Sewer District. TLRSD will relocate the sewer lines for the 6th Street Project from Norway Road to Indiana Beach Drive. The agreement amount is for $309,755.00.

  • Commissioner Burton made a motion to approve the City/County Utility Reimbursement Agreement between White County and Twin Lakes Regional Sewer District, seconded by Commissioner Ferguson. Vote: Unanimous

Kevin also reported that the Saylor’s Bar & Grill property is now a condemnation parcel. The project is now moving forward and the letting is expected for October.

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