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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on August 16, 2004, at the White County Courthouse, 2nd floor, Commissioners’ chambers at 8:00 a.m.

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

Commissioner John C. Heimlich called the meeting of the Commissioners to order.

MINUTES

Commissioner Schmierer made a motion to approve the minutes for August 2, 2004 as presented, seconded by Commissioner Ferguson. Vote: Unanimous

PAYROLL

Commissioner Ferguson made a motion to approve the payroll as presented for August 23, 2004, seconded by Commissioner Schmierer. Vote: Unanimous

REMODELING PROJECT AT ANNEX BUILDING

At the last meeting the Commissioners denied all of the proposals submitted for the remodeling project at the Annex building because the legal notice was not published properly. The Commissioners did send out letters requesting the three contractors to resubmit their proposals.

Two out of the three contractors resubmitted their proposals for the remodeling project. Attorney George Loy opened and announced the following proposals that were received:

McWilliams Construction, Monticello, IN $43,500.00

Lucy Construction, Monticello, IN $39,430.00

Council member Art Anderson asked where the money would be paid. Commissioner Schmierer said that the money would be paid out of the Cumulative Building Maintenance Fund.

  • Commissioner Schmierer made a motion to accept the proposal from Lucy Construction in the amount of $39,430.00 to do the remodeling project at the Annex building, seconded by Commissioner Ferguson. Vote: Unanimous

RESOLUTION FOR THE PUBLIC TRANSPORTATION GRANT

Gale Spry, White County Council on Aging, presented a Resolution to the Commissioners authorizing the filing of an application for a grant under Section 5311 of the Federal Transit Act.

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. For the past 10 years K-IRPC has applied for these funds for the county and kept 12% of the total grant for administration fees. The Commissioners have decided to apply for the 5311 funds for 2005, and WCCOA will be the Transportation Provider. The county will receive $95,951 in federal funds and approximately$43,000 in state funds. This will be about $56,000 more than we have been receiving in the past.

  • Commissioner Schmierer made a motion to adopt Resolution No. #04-08-16-01 authorizing the filing of an application for a Public Transportation Grant for the White County Council on Aging, seconded by Commissioner Ferguson. Vote: Unanimous

RESOLUTION NO. 04-08-16-01

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 no urbanized public transportation systems under Section 5311 of the FTA Act of 1964, as amended;

WHEREAS, the Public Transit 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 Board of Commissioners.

SHERIFF’S DEPT. – STORAGE BUILDING

Commissioner Schmierer said that every year the insurance company writes-up the Sheriff’s Dept. because the lawnmowers and gas tanks are kept in the garage, which is in the same building of the prisoners.

Commissioner Schmierer feels that the cost of a pole building with cement floors, two overhead doors and electric will cost a maximum $25,000 to $27,000. This money will be taken out of the Cumulative Building Maintenance Fund.

Attorney George Loy will confirm that the money can be taken out of this account.

POSTAGE MACHINE

Donya Tirpak, Commissioners’ Secretary, requested signatures on an agreement from Pitney Bowes to lease a new postage machine. The agreement is for a five-year lease for $287.00/ month.

  • Commissioner Schmierer made a motion to enter into a 5-year lease agreement with Pitney Bowes for a postage machine, seconded by Commissioner Ferguson. Vote: Unanimous

AREA PLAN

Diann Weaver, Director, appeared before the Commissioners presenting the following rezoning petitions:

Rezoning Petition #857

Mark A. & Joyce N. Martin is requesting to rezone 3.002 acres from an A-1 (Agricultural) to an R-2 (One and Two Family Residential). The property is located north of Monticello, on the southeast corner of C.R. 400 N. and Lake Road 26 E.

The Area Plan Commission voted to recommend this amendment to the Commissioners by a vote of 8 yes and 0 no.

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

  • Commissioner Ferguson made a motion to approve Rezoning Petition #857 (Ordinance No. 470-04) from an A-1 to a R-2 for property located on C.R. 400 N. and Lake Road 26 E. for Mark & Joyce Martin, seconded by Commissioner Schmierer. Vote: Unanimous

Rezoning Petition # 858

HJH, Inc., Owners and Aqua Environmental Container Corp, Applicant is requesting to rezone 9.534 acres from an I-1 (Light Industrial) to an I-2 (Heavy Industrial). The property is located at 8793 & 8883 W. U.S. Highway 24 on the East side of Wolcott.

The Area Plan Commission voted to recommend this amendment to the Commissioners by a vote of 8 yes and 0 no.

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

  • Commissioner Schmierer made a motion to approve Rezoning Petition #858 (Ordinance No. 471-04) from an I-1 to an I-2 for HJH, Inc, 8793 & 8883 W. U.S. Highway 24, seconded by Commissioner Ferguson. Vote: Unanimous

Diann Weaver presented an amendment to the Zoning Ordinance regarding “regulated amusement device”. The Area Plan Commission voted to recommend this amendment to the Commissioners by a vote of 8 yes and 0 no.

Commissioner Heimlich asked if anyone was present to speak about this request; no response.

  • Commissioner Schmierer made a motion to approve the amendment to the Zoning Ordinance regarding regulated amusement devices, seconded by Commissioner Ferguson. Vote: Unanimous

Amendment to Zoning Ordinance

The Area Plan Commission voted to recommend the Amendment to the Zoning Ordinance (Regulated Amusement Device

AMENDMENT TO THE ZONING ORDINANCE OF WHITE COUNTY

WHEREAS, the White County Area Plan Commission has initiated and prepared this ordinance to amend the White County Zoning Ordinance pursuant to IC 36-7-4-602© and IC 36-7-4-607;

WHEREAS, the White County Area Plan Commission has reported that it held a public hearing concerning this ordinance on August 10, 2004, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana on or before the 30th day of July 2004 as required by IC 36-7-4-604;

WHEREAS, the White County Area Plan Commission has reported that it paid reasonable regard to the factors enumerated in IC 36-7-4-603 in consideration of the ordinance and determination or a recommendation to be made to the legislative body of White County;

WHEREAS, the White County Area Plan Commission has certified this ordinance to the legislative body with a recommendation by a majority vote in favor of adoption pursuant to IC 36-7-4-603 before acting on this ordinance;

WHEREAS, the legislative body recognizes that certain land uses, by their very nature, require restricted size of signage. Because the restrictions are a necessary aspect of zoning use to the public, it is deemed that such restrictions on signage are not detrimental to the public safety and welfare.

WHEREAS, the legislative body has determined that this ordinance should be adopted without amendment as certified by the White County Area Plan Commission pursuant to IC 36-7-4-607; therefore,

BE IT ORDAINED AND ADOPTED BY THE LEGISLATIVE BODY OF WHITE COUNTY, INDIANA:

AMENDING CHAPTER II: RULES AND DEFINITIONS

    1. Definitions

Add: 2.1227 REGULATED AMUSEMENT, Page 25

Any improvement, building, fixture, structure or facility that is a

“regulated amusement device” under Ind. Code, Statute 22-12-1-19.1

or otherwise subject to the Indiana Amusement Device Code, 685

I.A.C. 1-1-1 et seq. (as each are in effect from time to time).”

AMENDING CHAPTER IV: “DISTRICT REGULATIONS”

Table 2: District Regulations, Page 35

Add the following to the B-2 column beside the number “45” and to the end of “Notes”:

“7” If a Regulated Amusement Device is constructed in a B-2 District Amusement Park, the

height may be

  1. 45’ and the same setback 20’ from the boundary of land zoned R-1, R-2, R-3, R-4 or L-1 and 0’ from a boundary of land currently owned by Shafer and Freeman Lakes Environmental Conservation Corporation.

  1. higher if a Regulated Amusement Device is set back a distance equal to ½ of it height from a boundary of land of R-1, R-2, R-3, R-4 or L-1 zoning classified and 0’ from a boundary of land currently owned by Shafer and Freeman Lakes Environmental Conservation Corporation.

This ordinance takes effect upon passage.

NEXEL

Holly Bishop, Nextel Representative, appeared before the Commissioners giving a presentation on their national digital wireless company that simplifies the telecommunications maze.

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 Horton Art Anderson

Harry Voorhis Linda Maudlin Faye Lowring

Dennis Carter

WHITE COUNTY MEMORIAL HOSPITAL

Paul Cardwell, White County Hospital CEO, presented the Financial Analysis Report for the month of July 2004.

Mr. Cardwell reported that there was $228,063.00 excess revenue over expense for the month of July, which makes a year date gain of $1,840,039.

WHITE COUNTY BUILDING INSPECTOR

White County Building Inspector Dave Anderson appeared reporting that there were ninety-two permits issued last month. Thirty-four permits were for stick-built homes compared to thirty-nine in the month of July last year.

E-911

E-911 Director Terry Conwell reported that the department is one person short for a dispatcher. A lot of overtime is put in from employees when the department is not fully staffed.

WHITE COUNTY ENVIRONMENTAL OFFICER

White County Environmental Officer John Raines presented his Report of Complaints and Violations for the month of July.

LAKEVIEW HOME

Lakeview Home Director Kae Fuller presented her monthly report.

She is still asking permission to transfer money from her food budget to replace the railings on three porches of the home. The cost for the vinyl railings would be $1,300.00 per porch.

Commissioner Schmierer questioned if this was necessary since the porches are not used and the railings would only be needed for looks.

Council President Mann said the Council would have no problem with this transfer.

The Commissioners asked Kae to receive more quotes and present them at the next joint meeting.

WHITE COUNTY INDUSTRIAL FOUNDATION

White County Industrial Foundation Director Valerie Hunter presented her report for the month of July 2004. The Wolcott Corridor is starting the engineer selection process.

PUBLIC RECORDS ON THE INTERNET

At last month’s meeting Eric Storm presented a request from a company asking to purchase all the records of the Assessor’s Office. Eric has found out from other counties that they are charging for this and some are denying access. Eric said that if we do give out the information that it would take about an hour’s pay time for Eric to extract this data plus the price for shipping.

County Attorney George Loy said legally we couldn’t refuse since these are all public records, however, we do need to establish a cost. An ordinance will need to be written up.

Eric thought that the best way would be to charge an hourly rate instead of a flat fee per database. He and Attorney Loy will work on the ordinance.

WHITE COUNTY HEALTH DEPARTMENT – BIO-TERRORISM COORDINATOR

Gwynn Rusinek and Linda Pagels from the White County Health Department were present to discuss the Bio-Terrorism grant to hire a Public Health Bio-terrorism Coordinator for White County.

Gwynn reported that this would not create a new county employee position. This would be an independent contractor and as thus would have to have his or her own workman’s comp. and liability insurance. This person must provide proof of this. The position would be for one year with a yearly renewable after that.

  • Commissioner Schmierer made a motion to approve the grant agreement for the White County Health Board to hire a Public Health Bio-terrorism Coordinator for one year. This position would terminate on July 31, 2005 and would be an independent contractor and not a White County employee, seconded by Commissioner Ferguson. Vote: Unanimous

WHITE COUNTY TREASURER – CATHY GROSS

White County Treasurer Cathy Gross appeared before the Commissioners and Council discussing the benefits of having the tax information put on the Internet by G.U.T.S. Mrs. Gross would like to see the contract agreement approved so they can get the information up and running.

White County Attorney George Loy asked if any other counties were using their services. Cathy said that currently Boone, Jasper and Brown county are working with them.

Mrs. Gross did cut her budget for part-time salaries in 2005 in hopes that this will be approved.

Attorney George Loy did have some questions and issues with some of the fees being charged and would like an opportunity to ask them some questions in the contract. Cathy will ask them to come to the next joint meeting.

AMERICAN CONSULTING, INC. – 6th STREET EXPANSION

Kevin Jasenski, American Consulting, appeared before the Commissioners presenting two agreements needing signatures. The first was a Local Public Agency Agreement for the 6th Street/West Shafer Drive Project and the second State/Local Agreement from INDOT.

The State/Local Agreement from INDOT will earmark the Federal funds. The federal funds will be available as soon as the county executes the agreement.

The federal funds are for $800,000.00. The contract is for $720,000. INDOT will keep some money but there will be some money left over.

Commissioner Heimlich explained to the Council that last year $800,000.00 was awarded from the Supplemental Appropriation Bill when the Transportation bill was not approved.

The $800,000.00 will cover the field survey for the 6th Street middle and Gordon Road sections, geotechnical investigations; Roadway plans for the middle section and south section, and traffic studies.

  • Commissioner Schmierer made a motion to approve the Local Public Agency Agreement and the State/Local Agreement for INDOT for the 6th Street/West Shafer Drive project, seconded by Commissioners Ferguson. Vote: Unanimous

HEALTH INSURANCE

Commissioner Heimlich discussed that last year the county employees paid 7% for individual health insurance coverage and 17%for family coverage. The Commissioners have discussed with the Council to raise the percentage to 10% and 20%.

  • Commissioner Schmierer made a motion to change the 7% to 10% for individual rates and 17% to 20% for family rates on the county health plan effective January 1, 2005, seconded by Commissioner Ferguson. Vote: Unanimous

  • Councilman Anderson made a motion to change the 7% to 10% for individual rates and 17% to 20% for family rates on the county health plan effective January 1, 2005, seconded by Councilman Voorhis.

Vote: Unanimous

SPIRIT OF MONTICELLO FESTIVAL

Kim Burns appeared to say thank you to the Commissioners for letting them use the Courthouse lawn for the Spirit of Monticello Festival. It was a huge success.

At this time the Council adjourned to their own meeting room.

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

____________________________ _________________________________ _____________________________

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

ATTEST: ___________________________________

Mary Jo Pool, White County Auditor