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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on September 20, 2004, at the White County Courthouse, 2nd floor, Commissioners’ chambers at 8:00 a.m.

Commissioners’ present was: 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 Board of Commissioners to order.


Commissioner Schmierer made a motion to approve the minutes for the September 7, 2004 regular meeting as presented, seconded by Commissioner Ferguson. Vote: Unanimous


Commissioner Ferguson made a motion to approve the payroll as presented for September 20, 2004, seconded by Commissioner Schmierer. Vote: Unanimous


Julie McKenzie, Deputy in Auditor’s office, presented in writing an ordinance to write-off uncollectable fees for Lakeview Home.

The ordinance read as follows:

Be it ordained by the Board of County Commissioners of White County, Indiana:

  1. The fees for the following persons are uncollectable and the Board of Commissioners of White County, Indiana desire to remove these uncollectable fees from the ledgers of the Lakeview Home and the White County Auditor.

Lessentine, Leonard $700.00 Cox, Gary $+729.00

Schock, Marion +24.54

Ruebecki, Jeff +35.28

Zettee, Rita +310.15


  1. The White County Auditor is hereby authorized to remove the above-described fees from the ledger of the Lakeview Home as uncollectable.

  1. This ordinance shall be in full force and effect from and after this passage. Adopted and passed by the Board of County Commissioners of White County, Indiana, this ____ day of September, 2004.

Commissioner Schmierer asked if any are currently residents or if they had passed away. Auditor Mary Jo Pool explained that the people listed on the right are residents that overpaid and the person on the left is money not paid. Commissioner Heimlich questioned why the money was not paid back to the people that had overpaid. Auditor Mary Jo said that at one time the people on the right did owe money but it had been written off. When the money finally came in, it now shows as a credit. The Commissioners suggested rewording the ordinance and presenting it at the next meeting.


Heiny Insurance has indicated a problem with the insurance coverage for the Bio-Terrorism Coordinator if he is treated as a independent contractor. Phil Baer, Heiny Insurance, received a job description for this position from the Health Department and realized that it did not “fit” as an independent contractor. The insurance company has a set of guidelines from the federal government that define or classify employee-independent contractor status. The job description and the guidelines are not matching up.

Commissioner Schmierer said that if the county must supply insurance for the position, the Health Dept. could reduce the salary to cover the cost.

Attorney George Loy was unaware of this and he will call Heiny Insurance to gather more information.


Highway Superintendent Steve Brooke reported that his Office Administrator, Dorla, will be retiring December 31, 2004. He would like to hire her replacement in October giving her enough time to learn all of the training. Mr. Brooke’s has decided whom he would like to hire and he does have enough funds to cover the hours she will be working as a part-time employee.

The Commissioners asked Attorney George Loy if the position has to be advertised. Attorney Loy confirmed that it is not required to be advertised.


Kankakee-Iroquois Regional Planning Commission submitted a letter requesting approval on a resolution reaffirming White County’s continuing participation in the Comprehensive Economic Development Strategy (CEDS) maintained by K-IRPC. This is a yearly agreement.

  • Commissioner Schmierer made a motion to adopt a Resolution expressing intent to participate in the Comprehensive Economic Development Strategy of the Kankakee-Iroquois Regional Planning Commission for the year 2005, seconded by Commissioner Ferguson. Vote: Unanimous


WHEREAS, The Public Works and Economic Development Act of 1965, as amended, provides assistance to improve conditions of employment and underemployment, and to establish stable and diversified economies; and

WHEREAS, the White County Board of Commissioners considers the economic development of the county to be of utmost importance for its citizens; and

WHEREAS, the Kankakee-Iroquois Regional Planning Commission has received authorization, designation and funding from the United States Department of Commerce, Economic Development Administration (EDA) for the purpose of providing economic development-related technical and planning assistance within its six-county district; and

WHEREAS, the White County Board of Commissioners are active members of the Kankakee-Iroquois Regional Planning Commission; and

WHEREAS, the staff of the Kankakee-Iroquois Regional Planning Commission has prepared an update of its Comprehensive Economic Development Strategy (CEDS) for White, as well as Benton, Jasper, Newton, Pulaski, and Starke Counties.

NOW, THEREFORE, BE IT RESOLVED, that the White County Board of Commissioners hereby endorses the economic development efforts and CEDS update of the Kankakee-Iroquois Regional Planning Commission and reiterates the county’s support for the Commission’s district-wide economic development program.

Adopted this 20th day of September 2004.


Commissioner Schmierer requested quotes from Barnard Construction, FBI Builders and Barns Farm Builders for the construction of a storage building at the Sheriff’s Department.

Two out of the three contractors submitted quotes.

Barnard Construction, Inc., Chalmers $10,350.00

FBI Buildings, Inc., Remington, $12,464.00

Commissioner Schmierer said that he requested a quote for a standard building with two overhead doors. The quote from Barnard Construction did not include a price for two overhead doors. The quote from FBI Buildings did include two overhead doors.

  • Commissioner Schmierer made a motion to approve the quote from FBI Builders, Inc., in the amount of $12,464.00 for the storage building at the Sheriff’s Department, seconded by Commissioner Ferguson. Vote: Unanimous


Dawn Gerard, Director, appeared before the Commissioners presenting approval for the Recycling Department’s Holiday Schedule for 2005. Commissioner Schmierer verified that they are the same holidays as the Highway Dept.

January 3rd New Year’s Day

February 11th Lincoln’s Birthday

March 25th Good Friday

May 30th Memorial Day

July 4th Independence Day

September 5th Labor Day

October 10th Columbus Day

November 11th Veterans Day

November 24th & 25th Thanksgiving Day

December 26th Christmas Day

Dawn Gerard also reported that she is in the process of taking quotes for a new box truck for the department. Their current box truck has approximately 190,000 miles. Mrs. Gerard asked if she could apply for the City’s and Towns grant that is available through the Northwest Indiana Solid Waste District. In order for the department to apply for the grant, she has to go through the grant process with the City of Monticello.

Currently, she has received four quotes for the box truck ranging anywhere from $44,000 to 54,000.

The grant will be for $20,000.00 and if given permission from the Commissioners, Dawn would like to use the $12,678.00 that is left over from the Northwest Indiana Solid Waste District 2003 grant towards the purchase. She will then need to use funds from the grant money that will be issued in 2005.

Councilman Art Anderson addressed the differences in the quotes for the box truck. The bids that she received are not really covering the same things. Anderson also asked why they don’t consider buying a used vehicle because the miles that are being put on are not much.

Attorney George Loy suggested that a vehicle specification sheet be put together and request sealed quotes to be submitted and opened at a meeting. Loy will review the process with Gerard.

The grant is due October 4th by 4:00 p.m.


Gloria Overbeck, President of the Royal Oaks Home Owners Association, appeared before the Commissioners requesting a solution, or help, on the noise nuisance that is coming from across the lake at The Riverside Restaurant. Mrs. Overbeck said that The Riverside has live entertainment that plays music on the outdoor patio until late in the evening. She explained that this is disrupting the lives of many of the homeowners in Royal Oaks. They are not asking Riverside to quit their live entertainment but to limit it until 11:00 p.m.

When the homeowners contacted the Sheriff’s Department to file the complaint, the department explained that the County does not have a Noise Ordinance so they should contact the County Commissioners.

Commissioner Heimlich asked if any of the homeowners have contacted the owner of the restaurant. Mrs. Overbeck said, “no” because the association wanted to see if anything could be done about it first”.

Commissioner Schmierer said that since the weather is getting colder he doesn’t expect them to be out there too much longer. She complained that the noise would be back next summer. Commissioner Schmierer also suggested that the homeowners contact the owner of the business.

Commissioner Schmierer pointed out that the Commissioners receive a request for a noise ordinance at least one time a year.

Commissioner Heimlich explained that the problem with an ordinance is that they would be reacting on one particular situation that could affect a lot of other people. You could be affecting the school band that practices during the early mornings or farmers driving tractors early and late hours in the evening.

Commissioner Heimlich stressed to Mrs. Overbeck that an ordinance is not something that couldn’t be adopted, but this is something that would have to take a lot of thought.

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 Fay Lowring Dennis Carter


Attorney George Loy said that advertisements were made for the collection of bids for the reconstruction of Bridge Project No. 105, which is the Moot Creek Bridge on Quarry Road in Monon Township. Two bids were received from the following:

Jack Isom Construction Co., Inc., Reynolds $314,569.79

Wirtz & Yates Construction Company, Inc., Kentland $314,090.57

Donald Ward, County Engineer, said that the engineer’s estimate was $340,040.80.

The Commissioners took the bids under advisement and turned them over to Donald Ward to review.


Paul Cardwell, CEO, appeared presenting the Financial Analysis Report for the month of August 2004. He reported that they did have a strong month with a gain of $13,954, but revenue was down on the in-patient side.


E-911 Director Terri Conwell said that Word Systems have come in and installed the new recorder. Ra-Comm will bring in the new equipment later in the month. She also reported that the department is fully staffed.


Environmental Officer John Raines presented his report of Complaints and Violations for the month of August.


Valerie Hunter, Director, presented her report for the month of August. She reported that the Wolcott Corridor project is moving along. A construction committee has been selected and they have chosen an engineer for the project.

Valerie also gave a short discussion on a former prospect interested in the Landis Plastics or APW building. Both of these sites did not work out for the prospect and they have settled in another county.


White County Treasurer Cathy Gross introduced Mr. Brent Willem from Government Utilities Technology Service (G.U.T.S.). Mr. Willem presented a revised contract to White County Attorney George Loy addressing the issues that were discussed last month on Section 10. Employment of Others. Attorney Loy has looked at the changes made to the contract and it now meets with his approval.

Tax information will be taken from the Treasurer’s Office on a weekly basis to be put on the county’s Internet site.

G.U.T.S. will be paid $15,248.00 and will use existing White County property tax data to put on the existing White County web site. This includes the first year maintenance fee. The second year and each year thereafter, the maintenance fee will be $2,700.00.

  • Commissioner Schmierer made a motion to enter into a contract with Government Utilities Technology Service, Inc., for putting the public Treasurer information on the Internet in the amount of $15,248.00 with a yearly maintenance fee of $2,700.00, seconded by Commissioner Ferguson. Vote: Unanimous


White County Auditor Mary Jo Pool presented a contract to the Commissioners requesting signatures. Due to the property tax appeals taking longer than expected, a new contract has been presented from Indiana Assessment Services for having a Contractor (Scott Potts) provide real property assessment consulting services. The amount of the contract is $8,750.

Commissioner Schmierer made a motion to enter agreement with Indiana Assessment Services for an additional $8,750.00, seconded by Commissioner Ferguson. Vote: Unanimous

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