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BE IT REMEMBERED, that the White County Commissioners held a Regular Meeting on Monday, December 19, 2005, at 8:00 a.m. in the Commissioners Conference Room in the White County Courthouse.

Commissioners present were: President John C. Heimlich and Vice President Steve Burton. Also present was the White County Auditor Mary Jo Pool, White County Attorney George Loy and the Commissioners Assistant Donya Tirpak.

Commissioner President Heimlich called the meeting to order.

MINUTES

  • Commissioner Burton made a motion to approve the minutes for the regular meeting held on November 11, 2005 and December 5, 2005, seconded by Commissioner Heimlich. Vote: Unanimous

PAYROLL

  • Commissioner Burton made a motion to approve the payroll as presented for December 19, 2005, seconded by Commissioner Heimlich. Vote: Unanimous

JAN RULE – EASEMENT ACCESS

Mr. Jan Rule appeared before the Commissioners saying that he had the property surveyed by Jim Milligan and he has found out that there is a 53’ buffer that was put in about 60 years ago when Dale Hubbard developed the subdivision. The County owns the 53’ buffer area but it is not part of the cemetery.

Mr. Rule once again requested easement access from the corner of the lot to Lake Shafer. He is willing to write an agreement stating access is granted and if the cemetery would ever expand then this easement access would be terminated.

Mr. Rule will have his legal council and Jim Milligan discuss this further with the White County Attorney George Loy.

PUBLIC HEARING FOR VACATION OF PUBLIC RIGHT-OF-WAY IN WHITE COUNTY

Commissioner Heimlich said that Mr. Alexander R. Pala is requesting to vacate the roadway as platted in Hightchew’s Pleasant View Subdivision, Number Two in Union Township, White County, Indiana.

Commissioner Heimlich asked if there was anyone present to speak about the proposed vacation. No response.

Commissioner Heimlich said that Mr. Pala is the only owner surrounding the road and no one has voiced any objections.

  • Commissioner Burton made a motion to grant the petition for vacating the roadway as platted in Hightchew’s Pleasant View Subdivision Number Two in Union Township, White County, Indiana, for Mr. Alexander R. Pala, seconded by Commissioner Heimlich. Vote: Unanimous

WHITE COUNTY ORDINANCE NO. # 05-12-19-01

ORDINANCE VACATING PORTION OF PUBLIC RIGHT-OF-WAY

WHEREAS, Alexander R. Pala has filed his Petition to vacate a portion of a certain public right-of-way; and,

WHEREAS, said Petitioner has given notice by publication in the manner required by Indiana law; and,

WHEREAS, said Petition is now found to be in proper form, that evidence and testimony have been presented in support of said Petition, and there are no objections said Petition for Vacation,

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

  1. That a portion of a certain roadway, originally platted and dedicated to public use as described

The roadway as platted in Hightchew's Pleasant View Subdivision Number Two in Union Township, White County, Indiana described by:

Beginning at the Northwest corner of Lot 18 in said subdivision; thence South 01 degree 04 minutes East 419.2 feet to the Southwest corner of Lot 14 in said Subdivision; thence North 74 degrees 04 minutes West 31.4 feet to the Southeast corner of Lot 25 in said Subdivision; thence North 01 degrees 04 minutes West 406.8 feet to the Northeast corner of Lot 19 in said Subdivision; thence North 82 degrees 40 minutes East 30.2 feet to the point of beginning, containing 0.284 of an Acre, more or less.

  1. That the following said vacation, said vacated road right-of-way shall become the property of the Petitioner, Alexander R. Pala.

  1. That the Petitioner, Alexander P. Pala, is authorized to enter a copy of this Ordinance into the Land Transfer Records of the Auditor of White County , and thereafter record the same with the Recorder of White County, Indiana.

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

PASSED AND ORDAINED ON December 19, 2005.

BRIDGE #226 PROJECT – DONALD WARD

Mr. Donald Ward, Project Engineer for Bridge #226, appeared before the Commissioners submitting a letter from Melissa E. Abraham, 8957 S. 300 E. in Brookston, requesting a payment of $850 for her inconvenience of taking her child to and from school from October 17th thru December 5th. Mrs. Abraham has expressed to Mr. Ward that the school bus refuses to come down that road because there is no place to turn around.

Commissioner Burton said that the Abraham’s have been compensated from the county for the whole package, above and beyond what should have been paid. Commissioner Burton feels that Mr. Ward can tell her that the request has been denied. Commissioner Heimlich said that he felt the same because the county did provide access to the school bus.

White County Highway Superintendent Steve Brooke recommended to Mr. Ward that the County Attorney write up a letter denying the request.

AREA PLAN

Diann Weaver presented the following to the County Commissioners:

Rezoning Petition #890

Kenneth R. & Melanie L. Green are requesting to rezone 5.0 acres from an A-1 (Agricultural) to a B-2 (General Business). The property is located north of Monticello at 5207 E. Bay Front Court. This request was heard in a public hearing on December 12, 2005.

The Area Plan Commission voted to recommend this rezoning petition to the Commissioners by a vote of 8 Yes and 0 No. This recommendation does come with a commitment letter stating that there can be no winterization or detailing of boats, must have drainage approval, the barrier between this property and the mobile home park must comply with the ordinance, and boat storage only.

Diann said that there were opposed people at the meeting.

Commissioner Burton asked the White County Surveyor, Denny Sterrett, if he was satisfied with the drainage plan. Denny Sterrett said he and the Drainage Engineer would be discussing this at the Drainage Board meeting today.

Melanie L. Green was present at the meeting and presented a copy of an amended commitment letter. Commissioner Heimlich asked Director Diann Weaver to look over the amended commitment letter and verify that it has the information the APC was looking for.

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

  • Commissioner Burton made a motion to accept the recommendation of the APC for the Rezoning Petition #890, Ordinance No. 486-05, with the letter of commitment from Kenneth R. & Melanie L. Green, for property located at 5207 E. Bay Front Court, seconded by Commissioner Ferguson. Vote: Unanimous

Rezoning Petition #894

Ricky S. and Sadona M. Disinger are requesting to rezone 1.576 acres from an R-2 (One and Two-family Residential) to an I-1 (Light Industrial). The property is located west of Monticello, next to 1438 Hanawalt Road. A public hearing was held for this request on December 12, 2005.

The Area Plan Commission voted to not recommend this rezoning petition to the Commissioners by a vote of 0 Yes and 8 No.

Commissioner Heimlich asked if the petitioner was present. There was no response.

Commissioner Heimlich asked if there was anyone wishing to speak about the rezoning petition.

Don Pauken, 1186 Hanawalt Road, said that he lives ¼ mile East of the property and he opposes the rezoning request because this would be an island of industrial surrounded by residential and agricultural properties.

Commissioner Heimlich pointed out that the property does not meet the lot width requirements. If this rezoning request was approved the owner would have to apply for a variance.

  • Commissioner Burton made a motion to deny Rezoning Petition #894 for Ricky S. and Sadona M. Disinger for property located at 1438 Hanawalt Road, seconded by Commissioner Heimlich. Vote: Unanimous

Rezoning Petition # 895

JDMW Land Trust Number 3526 is requesting to rezone 17.427 acres from an A-1 (Agricultural) to an I-1 (Light Industrial). The property is located south of Monticello on the west side of Sixth Street and south of the water tower. The APC held a public hearing on December 12, 2005.

The Area Plan Commission voted to recommend this rezoning petition to the Commissioners by a vote of 8 Yes and 0 No.

Commissioner Heimlich asked if this would be the relocation of the Jordan Manufacture Plant on the corner of Gordon and South 6th Street. Diann replied, yes.

Commissioner Heimlich asked if there was anyone present to speak about this rezoning petition. No response.

  • Commissioner Burton made a motion to approve Rezoning Petition #895, Ordinance No. 488-05, for JDMW Land Trust Number 3526, seconded by Commissioner Heimlich. Vote: Unanimous

PUBLIC HEARING - PETITION TO VACATE PUBLIC ROADWAY IN WHITE COUNTY – LIBERTY LANDFILL

Commissioner Heimlich announced that a public hearing is now being held discussing the petition to vacate a public roadway in White County. The petition submitted, November 21, 2005, from Liberty Landfill requested to close a ½ mile section of CR 900 E. Commissioner Heimlich said that this petition has been legally advertised and the Commissioners have decided to hold two public hearings, the first was held on December 5, 2005.

Before the floor was opened for public comment, Commissioner Heimlich asked for the public that did not appear or speak at the first public hearing to speak first today.

Terry Beasy, Liberty Landfill Operations Manager, said that he is not here to discuss the landfill expansion but to discuss the vacation of ½ mile section of CR. 900 E. Mr. Beasy said that IDEM would hold future public hearings

to discuss the expansion of the landfill. Mr. Beasy said that they did monitor the number of vehicles during the summer months this year from 6:00 a.m. to 6:00 p.m. for CR 900 E. and they show that the average number of vehicles during this time period was twenty. Mr. Beasy also submitted letters of support from local homeowners in favor of the road closing.

Mr. Beasy also presented an aerial map to the public showing all of the county roads surrounding the landfill and discussing the commitment from the landfill to widening and straightening CR 1000 E. and CR 1000 N. In tipping fees, fees paid to the county to offset taxes, Mr. Beasy stated that $75,370,700 would be directed back to White County over the next 28 years. He also noted that annually, $60,000 is given to schools, Boy Scouts, 4-H programs and other organizations from the landfill. Over a time of 28 years, these donations to the county organizations total about $1.7 million.

Mr. Beasy also pointed out that over a period of 28 years Liberty Township will receive over $20,717,200 in tipping fees for their township.

Marilyn Boardman, 4491 W. 950 S., Star City, said that she is against the road closing. She argued that if she wanted to close the road, she knows that the Commissioners would not consider granting her permission. She doesn’t understand how a company that isn’t even from around here are given the authority to close the road. The public was here first and she hopes that the Commissioners will think about the people first and not the company.

Angelo Valle, 8117 Pondview Court, said that he is opposed to the road closing because it will create more traffic down his road.

Karen Adkins, 8440 E. 1000 N., said that closing CR 900 would bring more traffic down her road. She has concerns about there being a lot of children in the area and there are no signs posted for the school bus areas. She also complained that CR 800 does not get plowed in the winter months, which causes problems for emergency vehicles not being able to get to their homes.

 

Lin Ezra, 5154 W. 1000 S., said that he had an 18 yr old child that used CR 800 and rolled the family van. With the bad weather last week his wife was not able to get thru CR 800 and had to use CR 900. He feels that the landfill has done a good job to the community but closing CR. 900 is not one of them.

 

Frank Boardman, 4491 W. 950 S., wanted to know exactly how many people were legally notified for this vacation request?

 

Mr. Beasy said that the statue requires that all adjacent landowners that are contiguous to the vacation area must be notified by certified mail. Mr. Beasy said that all of the requirements were met.

 

Commissioner Heimlich said that three were notified along with the legal advertisement.

 

Dick Westerhouse, 6220 E. 775 N., said that he is representing the local volunteer fire department in Buffalo. He discussed how the landfill does a great job supporting the local community and township but he does have concerns for the citizens that do live in that area. Emergency vehicles do use CR. 900 because CR. 800 is crooked and not having access of CR 900 will cost them an extra three to five minutes. He said that he is not against the road closing but if it is done, a better route is needed on CR. 800 E.

Terry Beasy replied to Mr. Westerhouse concerns by stating that the commitment from the landfill will be that they will upgrade 1000 N., 1000 E. and take out the “s” curve on CR. 800.

Dean Fleck, former White County Commissioner, said that it makes no sense to him to not close the road considering the economic value that it will bring to the county taxpayers in White County.

Jim Wojahn, 8089 Pondview Court, opposed the road closing and also complained about the trash coming from Chicago and Waste Management not caring about their neighbors.

Jean McKillip, 9346 E. 100 N., argued about the landfill expansion. She is afraid that they will keep going north and end up in her back yard and then her property value will be worth nothing.

Walter Hough, Liberty Township Trustee, detailed how the funds from the landfill are spent. He said that the Liberty Township residents do not have to pay a township tax and they also pay 90% of the library card at the Monticello Public Library.

Ron Roth Sr.,10627 N. 1000 E., said that he opposed the road closing because this will depreciate the value of the land. Mr. Roth owns farmland north of the landfill.

Terry Beasy explained that the landfill has offered fair market value when they purchased neighboring properties in the past.

Gerald McKillip said that if this road is partially closed off and given a turnaround at the end of the road will bring a hangout spot for teenagers.

Jim Jordan, 8435 W. 850 S., Francessville, complained about the landfill expanding and 150 years from now the landfill will be leaking into our lakes.

Commissioner Burton explained how a lot of the things that comes to the Commissioners doors, questions or problems, will not have a resolution that is acceptable to most people. Commissioner Burton said that being an elected official to make the decisions for the taxpayers he would accept full responsibility. He said that he understands everyone’s inconvenience or their concern in this situation and it will not be taken lightly with his decision.

Commissioner Heimlich said that if there were not economic value to the county or the township then the commissioners wouldn’t even be considering the petition. If this was a new business coming in that would also make it a different story, but this is a landfill that has been in our community for a long time.

Commissioner Burton expressed to the public that they should communicate with Mr. Beasy if they ever have a problem with the landfill. He said that Terry is a great person willing to help out whenever the commissioners had a problem.

Ron Roth, Jr. said that he would be happy if they blacktop the road farther north up to the county line. If they would do this, then he wouldn’t have a problem with the road being closed.

Tim Plantenga asked if they approve the road to be closed what would happen if IDEM does not approve the landfill expansion. What would happen to the CR. 900.

Commissioner Heimlich said that he is leaning more towards the vote of closing the road because he feels that the economic benefit to the county outweighs the inconvenience of the public that lives north of that road. The commitments must be clear and in writing. If the Commissioners commit to close the road and the landfill does not receive their expansion then the county will want the county road back. The road will only be closed in the event that IDEM grants the landfill an expansion.

Commissioner Heimlich asked to continue the hearing until the next meeting on Tuesday, January 3, 2005, giving enough time for the Commissioners, County Attorney George Loy and landfill representatives to discuss all of the commitments and put them in writing.

  • Commissioner Burton made a motion to continue the public hearing until Tuesday, January 3, 2005, at 8:15 a.m., seconded by Commissioner Heimlich. Vote: Unanimous

Commissioner Heimlich thanked everyone for coming to the public hearing.

 

WHITE COUNTY HIGHWAY BIDS

White County Attorney George Loy announced that the bids for the Highway Department 2006 supplies have been advertised and the time has expired for the submission of bids.

The following bids were submitted for the White County Highway Dept. 2006 supplies:

ITEM 1. UNLEADED GASOLINE

  1. Excel Co-op, Monticello, IN

  2. City Fuel & Heating, Monticello, IN

  3. Petroleum Traders Corporation, Fort Wayne, IN

ITEM 2. DIESEL FUEL #1, #2 & PREMIUM

  1. Petroleum Traders Corporation, Fort Wayne, IN

  2. Good Oil Co., Inc., Winamac, IN

  3. City Fuel & Heating, Inc., Monticello, IN

  4. Excel Co-op, Inc., Monticello, IN

ITEM 3. TIRES & TUBES

  1. McCord Tire Group, Monticello, IN

ITEM 4. CRUSHED LIMESTONE

  1. Vulcan Materials Company, Lafayette, IN

  2. Material Service Corporation, Monon, IN

  3. U.S. Aggregates, Inc., Delphi, IN

ITEM 5. ROAD GRAVEL, CEMENT GRAVEL & ICE SAND

  1. Segal’s Delta Trucking, Inc., Reynolds, IN

  2. Vulcan Materials Company, Lafayette, IN

ITEM 6. A.E. GRADES OF BITUMINOUS MATERIALS

  1. Asphalt Materials, Inc., Indianapolis, IN

  2. SemMaterials, Warsaw, IN

ITEM 7. COLD MIX PATCHING MATERIAL

  1. Central Paving, Inc., Logansport, IN

ITEM 8. BITUMINOUS COATED PAVING MATERIAL

  1. Milestone Contractors, L.P., Lafayette, IN

  2. Central Paving, Inc., Logansport, IN

ITEM 9. RENTAL OF EQUIPMENT

  1. Segal’s Delta Trucking, Inc., Reynolds, IN

Commissioner Heimlich asked if there were any bidders who bids were not opened. No response

Commissioner Heimlich said that the quotes are available for review if any bidders would like to look them over.

  • Commissioner Burton made a motion to take the bids under advisement and award them at the next meeting on December 28, 2005, seconded by Commissioner Heimlich. Vote: Unanimous

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

James Mann Richard “Buzz” Horton Ronald Schmierer Dennis Carter

Kevin “Casey” Crabb Faye Lowring Denny Cain

REPORTS

HOSPITAL

White County Memorial Hospital CEO Paul Cardwell presented the Financial Analysis report for the month of November 2005. He reported that the hospital had a quiet month because they have not been hit with the flu patients yet this year.

The Hospital board met with the architectural groups on Friday, December 16th and he anticipates a vote by the board at Tuesday’s meeting. Mr. Cardwell also expressed the possibility of having a private equity group hosting a medical office building on the premises, which would allow many special advantages. The board has given the architectural groups until March to have the drawings and cost estimates back to the hospital. This will give them a good six months to get the government financing in place to start construction in November 2006.

The cash position continues to stay strong with $6,164,000.

BUILDING INSPECTOR

Dave Anderson, Building Inspector, presented a graph showing the past four years of activity for new home permits. Mr. Anderson reported that there were fifty-five permits issued last month, five being for new homes.

E-911

E-911 Director Terri Conwell presented a contract from Sprint for Phase II (calls from cell phones) charges. Terri requested the Commissioners approval on the contract. The contract is a $250 month charge and Terri said that she does have the money appropriated in her budget for 2006.

Commissioner Burton asked if there is a Phase III. Terri was not aware of any other phases.

Councilman James Mann congratulated Terri Conwell for the nice article and picture that was in the Herald Journal about the dispatchers. It was well deserved.

Commissioner Burton said that he would seconded Council Mann’s comment because most of the time the department receives negative publicity and he knows that Terri and the dispatchers work very hard and it is appreciated.

LAKEVIEW HOME

Kae Fuller appeared at the meeting but she had nothing to report.

ENVIRONMENTAL OFFICER

White County Environmental Officer John Raines presented his Complaints and Violations report for November 2005.

INDUSTRIAL FOUNDATION

White County Industrial Foundation Director Valerie Hunter presented her Executive Director Report for the month of November 2005.

Valerie reported that the construction plans and documents are complete for the Wolcott Corridor and they have been submitted to IDEM for approval.

Valerie continues to work on the Vanguard National Trailer expansion. Vanguard will be investing $30 Million in both building/equipment and will create approximately 850 jobs. The new plant should be in production by the end of 2006.

Valerie also announced that she has accepted a new job offer, Economic Development Director, in Jasper County and that her last day will be December 22, 2005.

The Commissioner and Council thanked Valerie for her services for the past two years and they wish her well.

SHERIFF’S DEPARTMENT

White County Sheriff John Roberts thanked the Commissioners for getting the hot water heater in so quickly because the day that it was being installed the old one went bad.

 

Sheriff Roberts said that they are in desperate need of a new animal control truck. The Sheriff has been getting bids, which are running around $9,000 - $10,000 for a used truck with about 35,000 miles. He said that he could get a new truck for $13,000, which will also come with a warranty. He will bring this up again in the January meeting.

 

SURGE SUPPRESSION SYSTEM – SHERIFF’S DEPT.

Commissioner Burton explained that he has been working with Ray Franko and reported that one of the contractors have lowered their bid for the materials but the cost of their installation still makes their cost more than the other bid.

 

  • Commissioner Burton made a motion to accept the bid from McGill Power Incorporated for the installation of the Surge Suppression System at the Sheriff’s Department and also accepted the cost from Current Electric Heating for the installation cost of $3,450, seconded by Commissioner Heimlich. Vote: Unanimous

 

Commissioner Burton said that Sprint has been advised of what we are doing and they are thrilled that we are doing something to get the problem taken care of.

 

PTABOA BOARD APPOINTMENTS

White County Assessor Karen Hatter appeared before the Commissioners requesting their appointment for next year’s PTABOA (Property Tax Assessment Board of Appeals) Board. Candidates willing to set on the board for the Commissioners appointments are Freeholders Robert Oilar and Judy Bertram, Level II Certified Appraiser. Karen said that Leonard Lavin is taking over the Union Township Assessor’s position and he is no longer allowed to sit on the board.

 

  • Commissioner Burton made a motion to appoint Robert Oilar and Judy Bertram to serve one year on the PTABOA Board for 2006, seconded by Commissioner Heimlich. Vote: Unanimous

 

Karen Hatter also announced that the candidates for the Council appointments are Edward Bish, Level II Certified Appraiser and also the owner of Indiana Assessment, and Keith Million, Freeholder.

 

  • Councilman Horton made a motion to appoint Edward Bish and Keith Million to serve one year on the PTABOA Board for 2006, seconded by Councilman Carter. Vote: Unanimous

CONTRACTS FOR 2006 – WHITE COUNTY ASSESSOR

White County Assessor Karen Hatter presented two contracts from Indiana Assessment Services.

The first contract is for local assessing official with real property assessment consulting by answering technical and procedural real property assessment questions. The contract is shall not exceed 40 (forty) hours of consultation service time within the contract period beginning January 1, 2006 and expiring December 31, 2006. The contract is for $7,000.

  • Commissioner Burton made a motion to accept the contract from Indiana Assessment Services for 40 hours of consultation service for $7,000, for the Assessor’s office, seconded by Commissioner Heimlich. Vote: Unanimous

Karen also presented a contract from Manatron for commercial assessing. The contract will be for 80 commercial parcels at $8,500 for 2006.

  • Commissioner Burton made a motion to enter into agreement with Manatron for commercial assessing (80 parcels) for 2006, seconded by Commissioner Heimlich. Vote: Unanimous

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