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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on August 15, 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, White County Auditor Mary Jo Pool, and Commissioners’ Administrative Assistant Donya Tirpak.

MINUTES

Commissioner Ferguson made a motion to approve the minutes for the August 1, 2005, regular meeting, seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

Commissioner Burton made a motion to approve payroll for August 15, 2005, seconded by Commissioner Ferguson. Vote: Unanimous

TIME ZONE DISCUSSION

Commissioner Heimlich discussed how the General Assembly and the Governor have voted to put Indiana on Daylight savings time next year. Commissioner Heimlich said that the State is asking local officials in Indiana wishing to change their current time zone, to notify the Department of Transportation no later than September 16, 2005.

Commissioner Heimlich explained that if White County does nothing, the county would observe time in Eastern daylight time. Commissioner Heimlich said that the Commissioners would like to hear input from the public to determine if a change from Eastern to Central time is best suited for the county.

The Commissioners decided to hold two public hearings. The first hearing will be during a Commissioners’ meeting on September 6, 2005, at 8:30 a.m. and the second meeting will be held that night in the Commissioners Conference room at 7:00 p.m. Anyone unable to attend the public hearings can submit e-mail with their opinion.

APPOINTMENT – MONON PUBLIC LIBRARY

The Monon Public Library Director Jo Minnick has submitted a letter stating that William Eisner has moved out of the library district, which leaves a vacancy on the Library Board.

She has received an interest from Terry Hughes to serve as a board member. Mr. Hughes has lived in the library district for several years.

  • Commissioner Ferguson made a motion to accept the resignation of Mr. William Eisner to the Monon Town Public Library Board and to appoint Mr. Terry Hughes to fill the unexpired term beginning August 15, 2005, and expiring November 22, 2008, seconded by Commissioner Burton. Vote: Unanimous

TWIN LAKES REGIONAL SEWER DISTRICT – AMEND ORDINANCE

Commissioner Heimlich discussed a petition waiting to be submitted to the Indiana Department of Environmental Management (IDEM) from the TLRSD requesting to amend its Petition requesting the organization of the Twin Lakes Regional Sewer District Board.

Commissioner Heimlich shortly discussed that the TLRSD is presently in the process of designing sewage collection and treatment facilities for a project known as Phase III. Phase III will include a section of homes that border along Lake Freeman, which is in Carroll County. The Carroll County Commissioners had requested that this section be included into the boundaries of the TLRSD.

The TLRSD board members feel that the residents of Carroll County should have a representative to serve on the board. This petition is for the purpose of requesting that the Petition and Final Order be amended to call for a seven member Board of Trustees for the District. Six of the Trustees will be residents of White County and one of the Trustees will be a resident of Carroll County.

Commissioner Heimlich said that the TLRSD is not expecting a decision from them today. The Carroll County Commissioners are attending the Commissioners meeting on October 3, 2005, but they would like to know their action before the petition is submitted.

AREA PLAN

Area Plan Director Diann Weaver presented the following to the County Commissioners:

Rezoning Petition #873

Rangeline Properties, Inc., is requesting to rezone Lot Number One (1) in Korpita’s Corner Subdivision from an A-1 (Agricultural) to an I-2 (General Industrial). The property is located West of Monticello at 19 S. 300 E. The Area Plan Commission held a public hearing on April 11, 2005, which there were opposes.

On April 11, 2005, the Area Plan Commission voted to make no recommendation for this request to the Commissioners by a vote of 4 Yes and 3 No.

Commissioner Heimlich said that he will give an opportunity for someone to speak but pointed out that this rezoning petition has been discussed over and over during several meetings. The Commissioners have reviewed transcripts of past meetings and have heard the public’s input several times over.

Commissioner Heimlich asked if the Petitioner or representative would like to speak.

Attorney Dowel Dellinger, representing Jeff VanWeelden, Rangeline Properties, Inc., said that they believe that they can use the lot on the South end of the property as zoned but wanted to make sure that they are in compliance. Attorney Dowel Dellinger said that they would like to use the first lot as the waste operation and the second lot (west) for access. Attorney Dellinger presented the following as to reasons why they feel that this is a good location for the operation:

  • The use of Highway 24 being only four-tenths of a mile will limit the amount of damage that may be caused if they have to go out and find another location for storage.

  • There is a similar use in that neighborhood which is a junkyard just South of the property.

Commissioner Heimlich discussed an issue getting a building permit because of drainage. Commissioner Heimlich asked Attorney Dellinger if it is his position that the drainage can be handled without a rezoning of this property.

Attorney Dellinger stated that he believes that the drainage can be changed because there is no zoning restriction on changing drainage. He did say that he is in conjunction with the Surveyor with a drainage plan but any drainage plan they would have is authorized under the current A-1 zoning.

Commissioner Heimlich asked Area Plan Director Diann Weaver if she was aware of this. She stated that she does not have anything in her ordinance that deals with drainage.

Commissioner Heimlich asked if there was anyone else wishing to speak.

Don Pauken, 1186 Hanawalt Road, said he represents the White County citizens who oppose the development of a Transfer Station and/or the storage of any equipment relative to the type of this business. He said that regardless of what is proposed by Mr. VanWeelden and Mr. Dellinger this rezoning is needed for the proposed Trash Transfer Station. The permit from IDEM states that the petitioner must have proper zoning for Lot 1 to facilitate operation of a transfer station.

Mr. Pauken reminded the Commissioners that there were 80+ petitioned signatures and letters that oppose the rezoning. Mr. Pauken said that the objections to the rezoning was because of the safety concerns with the increased traffic, damage to county roads, roads are too narrow for the trucks, increase in litter and odor.

Mr. Pauken shortly discussed how this will environmentally and economically impact White County. He also pointed out that in the White County Zoning Ordinance as well as the Indiana code states that the purpose of zoning is to improve the health, safety, convenience, and welfare of citizens.

Commissioner Heimlich asked if there was any questions or response from Mr. Pauken’s statement. No response.

Commissioner Heimlich asked if there was any discussion from the Commissioners. Commissioner Ferguson said that he doesn’t see too much being wrong with just changing that one corner because all of the traffic will be going off of CR 300.

Commissioner Heimlich said that his main concern is changing the zoning to an I-2 and knowing that there is drainage issueS in that area both with the county tile and with retention.

  • Commissioner Burton made a motion to deny Rezoning Petition #873 for Rangeline Properties, Inc., seconded by Commissioner Heimlich. Vote: 2 Yes and 1 No (Ferguson descending)

Rezoning Petition #874

Rangeline Properties, Inc., Jeff VanWeelden, applicant; is requesting to rezone 4.0 acres from an A-1 (Agricultural) to an I-2 (General Industrial). The property is located West of Monticello on the Northeast corner of Division Road and County Road 300 E. The Area Plan Commission heard this petition at a public hearing on April 11, 2005. This request does come with a written commitment.

The Area Plan Commission voted to give no recommendation for this request to the Commissioners by a vote of 3 Yes and 4 No.

Diann presented the Commissioners with the original written commitment, which stated that the property will store only clean containers, no buildings will be built, and no trucks are to be parked on the lot. Commissioner Heimlich questioned why the screening was not listed in the commitment letter.

Commissioner Heimlich asked if Mr. VanWeelden or his representative if they would like to speak about the request.

Attorney Dowel Dellinger, representing Rangeline Properties, Inc., said that they intend to use this property strictly for storage of empty containers. Mr. Dellinger said that there would not be any buildings, trucks, or storage of containers with waste on this property. He feels that this is a perfect location for the storage of empty containers because of the location being so close to Highway 24, which will eliminate the use of travel on county roads. If this is not approved they will have to go out and find another location for the containers in the County.

Commissioner Heimlich asked if there were any questions for Mr. Dellinger or the Commissioners.

Commissioner Heimlich asked how many containers are on the lot currently and what was the measurement of the stone area that the containers are sitting on. Mr. VanWeelden said that there are about 50-70 containers on the lot and the stone area is about 100’x 100’.

Commissioner Heimlich said that if a stone drive way is about that size (100’ x 100’) he had thought that the County Drainage Ordinance would kick in. Commissioner Heimlich felt that this would be an issue with the west corner being so wet. Commissioner Heimlich asked if there was a drainage plan for that area. Attorney Dellinger stated that since it was less than .25 of an acre and there were not going to be any buildings on the lot they figured a drainage plan was not necessary.

Commissioner Heimlich asked if there were any other questions for Mr. Dellinger or the Commissioners. No response.

Don Pauken, 1186 Hanawalt Road, said that the oppose citizens do have the same objections to this request as rezoning petition #873. They do have a bigger concern because of the wet area on the Northwest corner. Mr. Pauken discussed how this water will be contaminated from the containers and carried into Bluewater and Lake Freeman. Mr. Pauken said that this property has been in violation for one year now and he does oppose any expansion of the business.

Commissioner Heimlich asked if there were any questions for Mr. Pauken or the Commissioners at this time. No response.

Area Plan Director Diann Weaver said that Mr. VanWeelden has 30 days after the decision was made to remove the containers before he is fined.

Commissioner Heimlich said that his concerns on this rezoning are the same as the first request, which is the drainage.

Commissioner Heimlich mentioned that the Area Plan Board made no recommendation on this rezoning and the vote was 3 Yes and 4 No.

  • Commissioner Burton made a motion to deny Rezoning Petition #874 for Rangeline Properties, Inc., for property located West of Monticello on Northeast corner of Division Road and County Road 300, seconded by Commissioner Heimlich. Vote: 2 Yes and 1 No (Ferguson descending)

Rezoning Petition #886

Gene A. & Diana Kay Cords are requesting to rezone .94 of an acre from a R-1 (Single Family Residence) to B-2 (General Business). The property is located North of Reynolds at 14 E. 375 N. The Area Plan Commission heard this petition at a public hearing held on August 8, 2005.

The APC voted to not recommend this rezoning request to the Commissioners by a vote of 3 Yes and 6 No.

Diann said that there were neighbors present at the public hearing opposing the request and also a written letter from an adjacent neighbor also opposing the request.

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

Gene Cords, Applicant, appeared before the Commissioners discussing his intentions for the rezoning. Mr. Cords said that his son had the opportunity to purchase a Heating and Air Conditioning business and he has all the intentions to build the business in the proper manner so they would be within all of the perimeters to meet the approval of everyone in the County. The building that they would like to build will be built similar to the house. This building will be used for storage of vehicles and equipment, not retail. Mr. Cords said that the only increase traffic would be 1-2 cars. Mr. Cord said that they would write a written commitment stating that if the property is ever sold that the zoning would revert back to what it is currently.

Dan Sublette, adjacent property owner, appeared opposing the request. Mr. Sublette said that his father was the one who subdivided this property and there were never any intentions for the subdivision to have a business. Mr. Sublette has lived to the West of Mr. Cords’ property for 19 years, which Mr. Cords’ did buy the property from Dan’s father. Mr. Dan Sublette’s mother lives on the East side of Mr. Cords’ property. Mr. Sublette complained that once this property is rezoned this will enable Mr. Cord to put up a business sign in the front lawn. Mr. Sublette argued that they like the subdivision just the way that it is and he believes that once this rezoning will pass, it will never be reverted back.

Commissioner Heimlich explained that a commitment letter is always recorded in the Recorder’s Office along with the deed of the property. Once that ownership is changed, the offices would be notified that the zoning would also be changed.

Mr. Sublette also said that local realtors told him that anytime a business is established in a subdivision that it will bring down the value of homes.

Commissioner Heimlich said that he understands Mr. Sublette’s concerns, but Mr. Cords could put up a tool shed with his current property zoning and the tool shed could hurt your property value more than the building he intends on building. Commissioner Heimlich would like to see them come to some type of agreement through the commitment letter.

Commissioner Heimlich recommends tabling this decision and giving time to the neighbors to see if they can work out a commitment letter that would satisfy both parties.

Commissioner Heimlich advised that if they do come up with a commitment letter, Mr. Cords would have to attend an APC meeting and present it to them first before it can come back to the Commissioners.

At this time, the Council President James Mann called the White County Council in joint session with the Commissioners. Council members present were:

James Mann Faye Lowring Dennis Carter

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

Dennis Cain

OPEN BIDS FOR BRIDGE #226

White County Commissioners made legal notice that they will receive and open sealed bids for a bridge replacement on Bridge #226 (CR300E over Spring Creek at 890S). White County Attorney George Loy announced that two bids were received from the following:

Jack Isom Construction Company, Inc. $757,295.90

Wirtz & Yates, Inc. $766,240.05

Commissioner Heimlich asked if there was anyone present wishing to look over the bids. County Engineer Donald Ward said that the estimate of the project was $733,812.09.

Commissioner Heimlich said that the bids will be taken under advisement and awarded at a later date.

WHITE COUNTY BUILDING INSPECTOR

Building Inspector Dave Anderson reported that there were five new homes built last month in White County.

WHITE COUNTY INDUSTRIAL FOUNDATION

Industrial Foundation Director Valerie Hunter presented an Executive Director’s report for the month of July.

Valerie reported that Adkev (Landis Plastics building) will begin construction repairs in the next couple of weeks.

WHITE COUNTY ENVIRONMENTAL OFFICER

Environmental Officer John Raines presented a Complaints and Violations report for July 2005.

Mr. Raines said that the new gas plant is completed at Liberty Landfill and it is now generating electricity. The tonnage for Liberty Landfill for July was 49,465.07.

LAKEVIEW HOME

Lakeview Home Director Kae Fuller presented her monthly report for July. She thanked the Council members for coming out to lunch during the budget hearings.

On July 21st they did have some things damaged after the storm but the total cost does not cover the amount of the deductible. They had to replace an A/C unit and a dryer. A craft sale will be held on Friday and the proceeds will be used to buy more craft items to keep residents busy.

E-911

E-911 Director Terri Conwell reported that they have been very busy. They are very glad to see the summer ending because this is the busiest time of the year with all of the tourist. Terri does have a new part-time person in training starting today.

Terri and some dispatchers are going to a class in Tippecanoe County called “Customer Service the 911 Way”.

WHITE COUNTY MEMORIAL HOSPITAL

White County Memorial Hospital CEO Paul Cardwell presented the White County Memorial Hospital Financial Analysis for July 31, 2005. Mr. Cardwell thanked everyone who attended the Hospital’s press release at the Brandywine. The board members are very happy with the land purchase and feel comfortable with the dollar range. They are happy with the accounting firm that the board hired to perform an audit giving them an idea on what the hospital could afford with their debt service from the bond issuance. The board members know that they can afford anything within $18 - $22 Million, which would make their debt service at a maximum of $1.2 Million a year. Their next step is to tour other hospitals throughout the state getting ideas and interviewing architects.

The board is seeing that a hospital around 75,000 to 85,000 sq feet usually takes about 18 months for construction and completion. There has been a lot of interest of buying the bonds locally and the board is very happy that there has been a big response from the local banks.

GOVERNMENT FIXED ASSET SERVICES, INC.

Michael Nielson gave a brief presentation on what the requirements are for the GASB 34 recording for the State Board of Accounts. Their company will establish a capital asset policy, creating a property record that includes general infrastructure (roads, bridges, storm drainage, right-of-way, etc.) and having a plan for the prospective reporting of capital assets.

His company is currently working with Carroll County and has already worked with Monroe, Hendricks, Henry, and Tippecanoe.

Mr. Nielson will put together a proposal and forward it to Auditor Mary Jo Pool.

6th STREET UPDATE

Commissioner Heimlich said that he has had his first meeting, since the approved funding from the Federal Transportation Bill with Kevin Jasenski, American Consulting Engineers; Dennis Faulkenberg, Ice Miller; and Congressman Steve Buyer discussing the timetable of the 6th Street project.

Commissioner Heimlich said that the North project would start this fall. Another meeting schedule for next week, engineers will give a schedule of cash flow reports showing when funds will be available. Commissioner Heimlich said that by October 2005 we should have 40% of the total funds and by October 2006 we should have 60% of the funds. A decision that will have to be made from the county is whether or not to wait for the funds and build the roads as the funds become available or build the roads as fast as we can and bond for the total amount and pay the money back as it comes in from the federal government. This is something that we need to discuss later on.

At this time the Council adjourned to their own meeting.

INFORMATION BOOTH – WATER SERVICE AGREEMENT

  • Commissioner Burton made a motion to approve the Water Service Agreement between the City of Monticello and the County for the Information Booth, seconded by Commissioner Ferguson. Vote: Unanimous

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

________________________________ ___________________________ ______________________________

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

ATTEST: _________________________________

White County Auditor Mary Jo Pool