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BE IT REMEMBERED, that a regular meeting of the White County Commissioners was held at the White County Courthouse at 8:00 a.m. on May 3, 2004, on the 2nd floor of the Commissioners’ Chambers.

Commissioners present were: President John C. Heimlich, Vice President Ronald Schmierer, and Commissioner O.D. “Bud” Ferguson. Also present was White County Attorney George Loy and White County Auditor Mary Jo Pool

Commissioner President John C. Heimlich called the Commissioners’ meeting to order.

MINUTES

Commissioner Schmierer made a motion to approve the minutes from the regular meeting on April 19, 2004, seconded by Commissioner Ferguson. Vote: Unanimous

PAYROLL

Commissioner Ferguson made a motion to approve payroll for April 3, 2004, as presented, seconded by Commissioner Schmierer. Vote: Unanimous

CLAIMS

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

HEALTH DEPARTMENT / VEHICLE APPROVAL

Gwynn Rusinek, Office Administrator, reported that the Health Dept. is planning on buying a SUV (vehicle) for the Environmental Health Specialists (Dan Banes). On April 19th, the Health Board did approve $10,000 to be spent on a vehicle. A line item in the Health Budget will cover gas, tire, oil and maintenance expenses. The State Board of Accounts has approved the funds to come out of the Health Maintenance Fund.

Gwynn asked the Commissioners permission to list the vehicle on the county’s insurance as a county owned vehicle.

Commissioner Schmierer asked Dan Banes to try and keep the vehicle purchase local (White County).

Commissioner Schmierer made a motion to approve the Health Department to place a vehicle on the county’s insurance, seconded by Commissioner Ferguson. Vote: Unanimous

WHITE COUNTY HIGHWAY DEPARTMENT

White County Highway Superintendent, Steve Brooke, reported that Ortman would be coming up next week to work on the pump house at the factory North of Reynolds.

INDIAN HILLS

Commissioner Schmierer mentioned that he received another request about road maintenance at Indian Hills. Commissioner Schmierer told the person that if they had any records showing that it was a county road to bring it into the Commissioners office. The County records do not show that this is a county road.

BRIDGE #228

Donald Ward, County Engineer, presented a written agreement for Bridge #228 between White County and Wertz and Yates. The proposed project consists of the construction required to replace existing bridge No. 228 with a new three span precast, prestressed R.C. I-beam bridge carrying CR100E over Moots Creek at 1108S, and which is designated as “Bridge Project No. 228”.

 

Commissioner Schmierer made a motion for White County to enter into agreement with Wertz and Yates for Bridge #228, seconded by Commissioner Ferguson. Vote: Unanimous

JAIL BOND PROJECT RESOLUTION & LEASE AMENDMENT

White County Attorney George Loy reported that the closing schedule on the Jail Bond project refinancing is set for Tuesday, May 11, 2004.

Attorney George Loy presented the following:

  1. An amendment to the original 1996 Lease between the White County Jail Building Corporation and White County.

  1. Certificates certifying that all of the meetings have been open to the public, in compliance with the Open Door Law, and that the Commissioners will continue to provide information under the State Board of Account rules.

  • Commissioner Schmierer made a motion to ratify the sale of the bonds for the jail refinancing, seconded by

Commissioner Ferguson. Vote: Unanimous

  • Commissioner Schmierer made a motion to approve the amendment to the Lease between the White

County Jail Building Corp. and White County, Indiana, seconded by Commissioner Ferguson. Vote: Unanimous

Attorney Loy requested signatures on a certificate certifying that they are the dully elected Commissioners, all the minutes of their meetings are accurate, that the Commissioners validly executed the original 1996 Lease and that the signatures on the new lease amendment are truly the Commissioners, and there are no pending litigation.

  • Commissioner Schmierer made a motion to execute the certificate as presented, seconded by Commissioner

Ferguson. Vote: Unanimous

Attorney Loy requested signatures on a document certifying that the Commissioners are responsible for operating the jail and also certifying that the Commissioners have done nothing to adversely affect the tax restatus of the interest on the bonds under the Internal Revenue code.

  • Commissioner Ferguson made a motion to execute the certificate of White County, Indiana, regarding tax

matters, seconded by Commissioner Schmierer. Vote: Unanimous

Attorney Loy presented an agreement called the “Continuing Disclosure Undertaking Agreement” which says that the Commissioners agree to continue disclose all financial matters required by law or requested in the future concerning financial status of the County and they will follow accounting principals required by the State Board of Accounts and the Commissioners will disclose any material events in the future that might effect the payment of the bonds, such as anticipated defaults or delinquencies and that the Commissioners will abide by all rules of the SEC.

  • Commissioner Schmierer made a motion to execute the Continuing Disclosure Undertaking Agreement,

seconded by Commissioner Ferguson. Vote: Unanimous

Resolution No. 04-05-03-01

RESOLVED, that Amendment No. 1 to Lease between the County, as lessee, and the Corporation, as lessor, submitted to this meeting, be and the same hereby is approved.

 

RESOLVED FURTHER, that the Auditor is authorized and directed to initial and date a copy of the proposed Amendment No. 1 to Lease submitted this day to the Board and to place the same in the minute book immediately following the minutes of this meeting, and the Amendment No. 1 to Lease is made a part of this resolution as fully as if same were set forth herein.

 

 

 

 

RESOLVED FURTHER, that Amendment No.1 to Lease shall be executed by the Board, and the corporate seal of the County affixed thereto and attested by the Auditor.

 

RESOLVED FURTHER, that the Continuing Disclosure Undertaking Agreement is hereby approved and the Board and Auditor are authorized to execute such agreement.

 

RESOLVED FURTHER, that the Board and the Auditor are herby authorized on behalf of the County to approve and execute any certificates and documents on behalf of the County in connection with the refunding of the Refunded Bonds and the issuance of the First Mortgage Refunding Bonds, Series 2004 (“Bonds”) of the Corporation.

 

 

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

 

 

 

 

_______________________________ _____________________________ ______________________________

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

ATTEST: _______________________________

Mary Jo Pool, White County Auditor