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APPOINTMENT - TWIN LAKES REGIONAL SEWER BOARD

The appointing committee for the Twin Lakes Regional Sewer Board met on January 19, 2004, at 8:00 a.m. in the White County Courthouse, 2nd floor of the Commissioners Chambers.

Committee members present were: White County Commissioner President, John C. Heimlich, Commissioner Schmierer, Commissioner Ferguson, Union Township Trustee Erwin “Bernie” Cook and Monon Township Trustee Nancy Downey.

Commissioner President Heimlich called the committee meeting to order.

Commissioner Heimlich announced that the purpose of today’s meeting was to accept the resignation of a TLRSD board member and also to make an appointment for the open seat.

Don Apple has submitted his letter of resignation effective February 1, 2004.

Charles Burke, 4423 E. Penrod Drive, Monticello, has informed the Commissioners that he would like to serve on the Twin Lakes Regional Sewer Board.

  • Commissioner Ferguson made a motion to accept the resignation of Don Apple from the Twin Lakes Regional Sewer Board effective February 1, 2004, seconded by Commissioner Schmierer. Vote: Unanimous

  • Commissioner Ferguson made a motion to accept the appointment of Charles Burke to fill the unexpired term on the Twin Lakes Regional Sewer Board effective February 1, 2004, and expiring December 31, 2005, seconded by Commissioner Schmierer. Vote: Unanimous

Commissioner Heimlich adjourned the meeting with the committee.

BE IT REMEMBERED, that a regular meeting of the White County Commissioners was held at the White County Courthouse at 8:10 a.m. on January 19, 2004, on the 2nd floor of the Commissioners’ Chambers.

Commissioners present were: President John C. Heimlich, Vice President Ronald Schmierer and Commissioner Ferguson. Also present were White County Auditor Mary Jo Pool, White County Attorney George Loy and Commissioners’ Secretary Donya Tirpak.

Commissioner John Heimlich called the meeting to order.

MINUTES

Commissioner Schmierer made a motion to approve the minutes from the regular meeting on January 5, 2004, seconded by Commissioner Ferguson. Vote: Unanimous

PAYROLL

Commissioner Schmierer made a motion to approve payroll for January 26, 2004, as presented, seconded by Commissioner Ferguson. Vote: Unanimous

E-MAIL INTERNET POLICY

Eric Storm, GIS Data Manager, appeared before the Commissioners saying that the County’s web site is up and ready. On the web site there will be e-mail address for all of the county offices. Eric suggested to the Commissioners to adopt an Internet E-mail Policy for White County.

Attorney George Loy asked the Commissioners to table this until the next meeting, giving him a chance to review the policy.

TWIN LAKES REGIONAL SEWER DISTRICT

Linda Eller appeared before the Commissioners asking why the TLRSD charges inconsistent rates on trailer courts. She has called other surrounding trailer court owners and compared her rates that she will soon be paying to other owners rates and questions why the inconsistency.

Councilman Art Anderson, also board member on the TLRSB, was present at the Commissioners meeting addressing Ms. Eller’s questions. Councilman Anderson did say that the rates that she does have are incorrect and he assured her that they would be changed.

WHITE/CARROLL COUNTY DRUG TASK FORCE

White County Prosecutor Robert Guy appeared before the Commissioners requesting their signature on a grant application for the White County Drug Task force.

Commissioner Heimlich asked if there were any changes in the application, compared to last years. Mr. Guy said that there are no changes in the dollar amount but there is a change with Carroll County participating. Last year in 2003 Carroll County did not participate, but this year they will and $12,475.00 will be used to pay a deputy from Carroll County.

Commissioner Schmierer asked about the local match in the grant for $25,000. Mr. Guy explained that the match is “in kind” with the county paying for Insurance, Gas, and Maintenance on vehicle, etc.

  • Commissioner Schmierer made a motion to submit the grant application for the White/Carroll Drug Task Force for 2004, seconded by Commissioner Ferguson. Vote: Unanimous

AREA PLAN

Diann Weaver, Director, appeared before the Commissioners’ presenting the following request for rezoning.

Rezoning Petition #840

White Rock Family Partnership is requesting to rezone 17.807 acres from a B-1 (Retail Business) to a B-2 (General Business). The property is located North of Monticello at 1922 N. West Shafer Drive.

The Area Plan Commission held a public hearing on January 12, 2004. The Area Plan Commission voted to recommend this amendment to the Commissioners by a vote of 9 yes and 0 no.

Commissioner Heimlich asked if anyone was present to speak about the request. No response.

  • Commissioner Schmierer made a motion to approve Rezoning Petition #840 (Ordinance No. 461-04) from a B-1 to a B-2 for property owned by White Rock Family Partnership at 1922 N. West Shafer Drive, seconded by Commissioner Ferguson. Vote: Unanimous

Rezoning Petition #846

Lenard & Julie Nuest are requesting to change the “Commitment Letter” for their property zoning. On February 18, 2003, their property was approved for an I-1 zoning with a commitment letter. A couple of stipulations in the commitment letter were:

  1. All of the business, storage and production activities will be conducted solely inside the buildings situated on the said real estate.

  1. The owners further acknowledge and agree that, in the event of a failure to comply with these restrictions by the owners or any successor owner or grantee, the APC would be entitled to have the zoning of the above-described real estate automatically revert to a classification of A-1.

Mr. Nuest is currently storing roll-off waste containers on the outside of the storage building. The APC board is saying that this is a violation to the commitment letter. Mr. Nuest has indicated that the containers are emptied before they are brought to the property. Mr. Nuest has asked the APC to amend the commitment letter giving him permission to store roll-off containers on the property.

The APC held a public hearing on January 12, 2004 regarding this request. The Area Plan Commission voted to recommend this amendment to the Commissioners by a vote of 9 yes and 0 no.

Commissioner Heimlich asked if anyone was wishing to speak about this request. Mr. Nuest was present and stated that all of the containers are empty before being brought to the property and they also consider their business a Non -Waste Facility. They’re requesting to store the containers outside on the property.

  • Commissioner Schmierer made a motion to approve Rezoning Petition #846 (amending the Written Commitment Letter) as presented for property located at 2579 E. 375 N. for Lenard & Julie Nuest, seconded by Commissioner Ferguson. Vote: Unanimous

Rezoning Petition #847

White Rock Family Partnership is requesting to rezone 1.002 acres of their property from a B-1 (Retail Business) to an A-1 (Agricultural). The property is located North of Monticello at 1922 N. West Shafer Drive.

The Area Plan Commission held a public hearing on January 12, 2004 presenting this request. The Area Plan Commission voted to recommend this amendment to the Commissioners by a vote of 8 yes and 1 no.

Commissioner Heimlich asked if there was any one present to speak about the request. No response.

  • Commissioner Schmierer made a motion to approve Rezoning Petition #847 (Ordinance No. 463-04) from a B-1 to A-1 for property located at 1922 N. West Shafer Drive, seconded by Commissioner Ferguson. Vote: Unanimous

Rezoning Petition #849

Kenneth Caster is requesting to rezone 2.021 acres from an A-1 (Agricultural) to a B-2 (General Business). The property is located North of U.S. Highway 24 at 444 N. State Road 39. Mr. Caster is operating a golf cart business out of a pole building. The property meets the minimum size requirements for the B-2 zoning.

The APC held a public hearing on January 12, 2004, presenting this request. The APC voted to recommend this amendment to the Commissioners by a vote of 8 yes and 1 no, contingent on an approved setback variance by the Board of Zoning Appeals and a State Design Release.

Commissioner Heimlich asked if there was any one present to speak about the request. Mr. Caster was available for any questions. There was no other response.

  • Commissioner Ferguson made a motion to approve Rezoning Petition #849 (Ordinance No. 464-04) from an A-1 to B-2 for property located at 444 N. State Road 39 for Kenneth Caster, seconded by Commissioner Schmierer. Vote: Unanimous

HOLIDAY SCHEDULE FOR THE HIGHWAY DEPARTMENT

White County Highway Superintendent Steve Brooke presented the Holiday Schedule for the Highway Department.

FIREARM ORDINANCE FOR THE TIPPECANOE RIVER

Commissioner Heimlich discussed complaints that have been brought to the Commissioners from residents living at Diamond Point. Residents are concerned about the danger of duck hunters shooting at ducks on the banks from the river. The duck hunters are shooting at residential homes.

Commissioner Heimlich has spoke with Bill Hinshaw, DNR, and they did say that if they were not shooting in the city limits, that it is not illegal to discharge firearms from the middle of the lake to the other side. If there is not a local ordinance, than it is not illegal.

White County Sheriff was present and stated that the department has received complaints in the past about duck hunters.

Commissioner Heimlich said that to prevent this, the Commissioners would need to adopt an ordinance to control discharge of firearms along this stretch of water.

A petition from the residents and a copy of an ordinance from Carroll County were submitted.

Commissioner Heimlich asked if the Commissioners wanted to enact an ordinance and what the perimeters would be. The city does have an ordinance already in effect.

Commissioner Schmierer asked the White County Attorney George Low how this ordinance could be enforced. Attorney Loy said that the County Sheriff’s Department and the DNR could enforce no hunting in a designated area. Notice of the ordinance would have to be published.

The Commissioners asked the White County Attorney George Loy to prepare a draft ordinance that will be enforceable in our county so they can address these concerns.

WHITE COUNTY COMMUNITY CORRECTIONS

Tom Pritts, Deputy Director of the White County Community Corrections, appeared before the Commissioners presenting the Community Corrections year-end report for 2003. Mr. Pritts also presented pictures where community service crews have worked and cleaned up areas in White County. After the report Commissioner Heimlich committed to Mr. Pritts that they have a great program and to “keep up the good work”.

At this time the Council President, James Mann, called the Council in joint session with the Commissioners. Council members present were Richard Horton, Denny Carter, James Mann, Faye Lowring and Art Anderson.

WHITE COUNTY BUILDING INSPECTOR

Building Inspector, Dave Anderson, appeared before the Commissioners and Council reporting 29 permits issued in December 2003. He also reported the total of new homes constructed in White County for 2003 were ninety-four (94).

Mr. Anderson said that he currently has a part-time position open and is looking for someone that is retired and has building experience.

E-911 COMMUNICATIONS

Terry Conwell, Director of E-911, presented two proposals that she has received for mapping. The mapping software will allow the dispatchers to utilize the White County GIS in their daily operations. Two proposals submitted were received from WTH Engineering and Plexis Group.

Terry recommends going with Plexis Group because the proposal price is substantially lower and they already have all of the county’s mapping data. She has already sampled the software and it has everything that they need.

The software package from Plexis Group will include two (2) workstation licenses, 2 workstations installed, 1 day training and data updates per year for a total of $4,700.00. Annual support for two (2) licenses is $500 per year charged as of year two. The E-911 department will be reimbursed for this cost from the State.

  • Commissioner Schmierer made a motion to agree to the contract proposal with Plexis Group for the efiniti Mobile software program for the E-911 Communications department, seconded by Commissioner Ferguson. Vote: Unanimous

RECYCLE

Dawn Gerard, Director of Recycling, appeared before the Council and Commissioners discussing two grants that she will be applying for. The first grant is due May 28th and it will be in the amount of $20,000.00. Dawn would like to purchase a new bailer for the plastics. The price of a new bailer is $10,255.00 which will be to deliver and install. The second grant will be due in September and she would like to use the funds left over from the first grant and the funds from the second grant to purchase a new yellow box van (16’ – 2 ton truck).

Grant money that was received for 2003 was used to purchase new tools; five used dumpsters (for cardboard), office supplies, painted all dumpsters and a cell phone.

The recycling department collected over 1 million lbs. of newspapers last year and they are now accepting electronics.

ENVIRONMENTAL OFFICER

White County Environmental Officer John Roberts submitted his Complaints and Violations report for December 2003. The landfill is now accepting trash from Chicago. Mr. Raines is spending a lot of time watching over State Road 16 because of all the heavy traffic from Chicago.

LAKEVIEW HOME

Kae Fuller, Director of Lakeview Home, presented her monthly report. She reported that for her year-end budget she had $48,513.00 remained in the general fund. Lakeview Home ended with $42,761.10 for income for 2003. Food costs were down this year by $7,248 since they had began using Food Finders in Lafayette.

One project that she would like to focus on for 2004 is to begin replacing water lines with PVC piping. She will buy the materials and have a professional plumber do a little each month.

WHITE COUNTY HOSPITAL

Paul Cardwell, CEO of Hospital, appeared and presented the Financial Analysis for December 2003. He reported that the emergency room was very busy in December with the flu breakout. Having over nine hundred emergency room visits gave the hospital 2.6 million dollar revenue for the month. They currently have $1,542,000.00 in the Rainy Day fund and will continue putting 50,000.00 away each month.

They now have a new Surgeon, Dr. Richard Carson, who has moved to the area.

REFINANCING BONDS FOR THE JAIL AND HOSPITAL

Randy Rule from City Securities Corporation gave a presentation on refinancing the bonds for the Jail and the Hospital. The Hospital bonds are callable in January 2005, and the Jail bonds are callable in July 2004.

The Hospital savings would be $475,000.00 to $500,000.00 and the jail net savings would be $280,000.00 to $300,000.00. The jail has a call premium of $79,500.00.

Payment for the Jail would be $550,000.00 per year instead of $600,000.00, but this would probably be for the year 2005 since the budget is already set for 2004.

White County Hospital CEO, Paul Cardwell, said the hospital prefers to wait until October or November. They would prefer not to pay the two percent premium.

  • Commissioner Schmierer made a motion to adopt the Resolution approving the refinancing of the Jail Corporation bonds, the Resolution as stated would accomplish a savings of $200,000.00, seconded by Commissioner Ferguson. Vote: Unanimous

  • Commissioner Schmierer made a motion to enter into an agreement with City Securities Corporation for the Jail refinancing, seconded by Commissioner Ferguson. Vote: Unanimous

ARROW HEAD COUNTRY RC&D

Randy Moore, Arrow Head Country Resource Conservation & Development Area, Inc., appeared to present their 2003 Annual Report.

Mr. Moore reported that they have partnered with IDEM last year to bring about improvement to the water quality of Lake Freeman by slowing the runoff and installing diversions in the Monticello City Park.

WHITE COUNTY TREASURER

White County Treasurer Cathy Gross was present to give an update on the tax bills. She reported that the department is not going to need a second shift because her employees have been working diligently getting things done since taxpayers are not coming in as much.

Her employees, part-time, are working more during the week on a consistent basis and she will be out of her part-time funds around March.

She also reported that as of December 31, 2003, they collected approximately $12,000,000.00 in advance payments, which is about 43% of the total due.

WHITE COUNTY INDUSTRIAL FOUNDATION

Commissioner Heimlich said that Cinda Kelley has left the Industrial Foundation, but there was not an actual resignation because of the timing of her leaving coincided with the establishment of the Economic Development Director position. Currently this position is being advertised and resumes are due by Friday. They do hope to have the position filled soon after that. The position is now a county employee position with full benefits.

AT THIS TIME THE COUNCIL ADJOURNED TO THEIR OWN MEETING ROOM.

DONALD WARD – BRIDGE 226

Don Ward, County Engineer, appeared before the Commissioners discussing repairs along Bridge #226. Currently, there is a steep hill south of the bridge and Mr. Ward proposed to cut the hill down 2 ½ to 3 feet, cut back the slopes, straighten out the culverts and put some shoulders in to improve the blind spot. The cost would add about 11,000 feet of roadway for an additional cost of $110,000.00. White County Highway Superintendent Steve Brooke agreed that this was something that needed to be done. PERMISSION GRANTED

CONSIDERATION OF A GRIEVENCE POLICY

Commissioner Heimlich explained that the insurance company has asked the County to include a Grievance Policy into the Policy and Procedures Employee Handbook. An example of the Sheriff’s department policy was available to review. White County Attorney George Loy agreed that it was not necessary to be so elaborate. The Commissioners asked Attorney Loy to condense the policy making it appropriate for the Courthouse employees and present the draft at the next Commissioners meeting.

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

____________________________ ______________________________ _______________________________

John C. Heimlich, President Ronald Schmierer, Vice Pres. O.D. “Bud” Ferguson, Member

Attest: _______________________________

Mary Jo Pool, White County Auditor