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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on December 6, 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 Board of Commissioners to order.

MINUTES

Commissioner Schmierer made a motion to approve the minutes for the regular meeting on November 15, 2004, as presented, seconded by Commissioner Ferguson. Vote: Unanimous

PAYROLL

Commissioner Ferguson made a motion to approve the payroll for November 29, 2004, and also for December 13, 2004, as presented, seconded by Commissioner Schmierer. Vote: Unanimous

COURTHOUSE –POWER OUTAGE

Starting on November 10th the Courthouse was experiencing power outages that would last anywhere from 5 to 15 minutes. Ed Ward, White County Maintenance Supervisor, contacted Nipsco to see if something was wrong with the transformer. After running several test, Nipsco declared that the transformer was not causing the problem. On November 12th the electrical power system had gone out completely, Ed Ward contacted Sallee’s Electric to come in to find the problem

Commissioner Schmierer said that he does not question Mr. Sallee’s bill ($12,461.38) but asked Mr. Salee for an explanation as to what the problem was. Mr. Sallee said that he had to replace the arm mechanism and spring mechanism in the 3-phase distribution panel. In order to get these parts, Mr. Sallee contacted Square D from Cincinnati, Ohio, to assemble, rush deliver, and send a technician to install the parts.

Ed Ward told Mr. Sallee that if he was able to turn in an invoice on that Monday he could be paid the first of December. If he couldn’t produce an invoice he would have to wait until after the first of the year. Mr. Sallee said that he contacted All Phase, out of Lafayette, because they do the billing for Square D. All Phase gave Mr. Sallee a quoted price of $10,000, for the work Square D had done. With this quote, Mr. Sallee put together his invoice and turned it in to the county to receive payment right away and pay off the vendors.

Since then, Mr. Sallee said that Square D has turned in a “true dollar figure” to All Phase and now he has received additional cost. The cost came in at an additional $4,000.00.

Commissioner Heimlich asked if there was any paperwork that showed any part numbers or if any warranty paperwork was turned in to Ed. The Commissioners did allow payment on the first invoice but advised Mr. Sallee to go back and receive part numbers and warranty paperwork before the $4,000.00 will be paid.

CLAIMS

Commissioner Ferguson made a motion to approve the claims as advertised for December 6, 2004, seconded by Commissioner Schmierer. Vote: Unanimous

ANNEX BUILDING – HEATING AND COOLING

Commissioner Schmierer said that he discussed the heating and cooling problems at the Annex Building (east side) with Dave Anderson. Commissioner Schmierer recommended the Commissioners accept the quote that was given by Larry Lear to replace the furnace and air conditioner on the east end of the building. He said that this would be the best and cheapest way to go.

Larry Lear said that the he met with Dave Anderson last week and Mr. Anderson suggested that these units be installed before the carpeting and painting are done. The Commissioners told Mr. Lear to wait until a contract is written up from Attorney George Loy before he starts the project.

WHITE COUNTY ASSESSOR – KAREN HATTER

White County Assessor Karen Hatter appeared before the Commissioners giving them information on a contract that is already signed with Manatron. Negations were made with Manatron for a service called “Trending”. Trending is something like Equalization and it is something that we will most likely be doing every year to keep properties equal assessed todate. Being required by the State, this is something that her employees cannot do themselves. The contract is $1.00 per parcel and she has 22,625 parcels. Karen did budget $30,000 for next year.

Karen also presented a contract to the Commissioners requesting approval. The contract will be with Indiana Assessment Service. They will provide White County 40 hours of consultation, real property assessment assistance, and service time for $7,000.00 from January 1, 2005 thru December 31, 2005.

  • Commissioner Ferguson made a motion to enter into agreement with Indiana Assessment Service for consulting services for $7,000.00 beginning January 1, 2005 thru December 31, 2005, seconded by Commissioner Schmierer. Vote: Unanimous

WHITE COUNTY RECYCLE

Dawn Girard, Director, appeared before the Commissioners presenting a copy of the Grant Agreement from Indiana Department of Environmental Management. IDEM has awarded the White County Recycling Department $5,250.00 with a local match of $5,250.00. Signatures from the Commissioners were required to accept the grant agreement. These funds will be used to purchase a new baler.

  • Commissioner Schmierer made a motion for the White County Commissioners to enter into an agreement with the Indiana Department of Environmental Management for the Grant Agreement awarded to the White County Recycling Department of $5,250.00, seconded by Commissioner Ferguson. Vote: Unanimous

The Recycling Department has received the following grant funds for 2004:

The Northwest Indiana Solid Waste District Grant $20,000.00

(Two dumpsters costing $2,071.62 have been purchased from this money to store glass. The remainder funds will be applied towards the purchase of a box-truck and cover the local match of $5,250.00 on the IDEM grant).

The Northwest Indiana Solid Waste District’s Cities and Towns grant $10,000.00

(This money may not be used until January 1, 2005, and will be used to purchase a box-truck)

The Indiana Recycling Grant from IDEM $ 5,250.00

(This money will be applied towards the purchase of a new baler).

Dawn explained to the Commissioners that the money that she has left over from the Northwest Indiana Solid Waste District Grant ($17,928.00) must be spent by the end of this year or the money is lost. She will submit invoices to the District for payroll reimbursement to receive the funds. When the check is written from the District, White County Auditor Mary Jo Pool will create a special account to encumber the $17,928.00 for 2005. Dawn asked the Commissioners for their approval to have this done.

  • Commissioner Schmierer made a motion to approve Auditor Mary Jo Pool to create a special account to encumber the funds from the Northwest Indiana Solid Waste District Grant $17,928.00 for 2005, seconded by Commissioner Ferguson. Vote: Unanimous

WHITE COUNTY FOOD PANTRY – BID OPENING

Commissioner Heimlich said that the bids for the White County Food Pantry were re-advertised and to be submitted to the White County Commissioners office before 9:00 a.m. on December 6, 2004.

Commissioner Heimlich explained that he would open the bids because White County Attorney has been called out to an emergency.

Commissioner Heimlich announced that two bids have been received from the following:

Cooley Construction, Inc., Goodland $145,120.00

Michiana Construction, Inc., Plymouth $128,720.00

The estimated cost for the project is $120,000.00.

Commissioner Heimlich said that the two bids would be taken under advisement and researched for two weeks.

PARKING LOT LEASE

Commissioner Heimlich said that the lease for the Sprint parking lot area has been returned and signed. White County has received permission from United Telephone to lease the south side of the parking lot as per the contract. Commissioner Heimlich asked the White County Highway Superintendent Steve Brooke to mark (paint) the parking spaces and plow the lot during the winter months.

Commissioner Schmierer made a motion to approve the Parking Lot Lease agreement with United Telephone as presented, seconded by Commissioner Ferguson. Vote: Unanimous

WHITE COUNTY CLERK – BRUCE LAMBERT

White County Clerk Bruce Lambert submitted to the Commissioners a Resolution to be approved. The resolution says that the County agrees to comply with the Help America Vote Act of 2002 no later than December 31, 2005. The County will make all permanent and temporary improvements to each polling place no later than December 31, 2005 to comply with the polling place accessibility standards set forth in Indiana Code 3-11-8. This is one requirement that needs to be done and submitted to the State in order to receive reimbursement funds for the new voting system.

  • Commissioner Schmierer made a motion to adopt Resolution #04-12-06-04 as submitted, seconded by Commissioner Ferguson. Vote: Unanimous

Be it resolved and certified by the White County Board of Commissioners and the White County Council:

SECTION 1. Subject to the availability of Title III requirement monies to the county under the Help America Vote Act of 2002 no later than December 31, 2005, the county will make all permanent and temporary improvements to each polling place not later than December 31, 2005 to comply with the polling place accessibility standards set forth in Indiana Code 3-11-8, and to the extent possible, make any additional improvements identified in the November, 2004 HAVA polling place survey that are not specifically required by state or federal law.

SECTION 2. The County will submit a report to the Indiana Election Division no later than December 31, 2005. The report under this SECTION must list the polling place accessibility problems identified in the November 2004 survey of polling places and indicate whether these problems have been resolved by temporary or permanent improvements or whether the polling place has been relocated to an accessible facility. If the report indicates that the problems have not yet been resolved, the report must indicate how the County will resolve the problem no later that March 31, 2006. The County agrees to submit any additional reports required by the Indiana Election Division until the County reports the polling place accessibility requirements identified in the November 2004 survey have been resolved. The report must be certified as accurate by majority vote of the county election board, following review and opportunity for written comments to be added to the report by the local advisory council described in SECTION 5 of this Resolution.

SECTION 3. The County acknowledges that the Secretary of State and Co-directors of the Indiana Election Division may extend the deadline for a specific polling place, if it is impossible or impractical for the County to ensure the polling place’s compliance.

SECTION 4. As of December 31, 2005, each polling place will contain at least one (1) voting system to permit a voter who is blind or visually impaired to vote privately and independently.

SECTION 5. No later than December 31, 2005, the county legislative body will adopt an ordinance to establish a local advisory council comprised of representatives of the disabilities community and elderly voters to provide assistance to the county in choosing polling places. The council may include any number of members, but must include at least two (2) representatives of the disabilities communities or elderly voters. The county executive shall appoint the members, and shall encourage county residents with a variety of backgrounds, partisan affiliations, and perspectives to participate. If county residents are not available to serve on the council, the county executive may partner with the Governor’s Planning Council on Disabilities to carry out the functions of the council.

SECTION 6. The county fiscal body pledges the Title III requirement monies and state matching funds received by the County will be used to pay any outstanding obligations incurred by the County for the voting system purchase subject to the reimbursement.

SECTION 7. The County fiscal body pledges that if the obligations incurred by the County to obtain this voting system have been paid in full or in part as of this date, that the remaining Title III requirement monies and state matching funds will be used to improve the administration of elections for federal office in the County.

SECTION 8. No later that thirty (30) days after the adoption of this Resolution, the County will establish a separate non-reverting account in which all Title III requirement monies and state matching funds will be deposited.

SECTION 9. The County agrees to refund to the State of Indiana no later than May 1, 2006 an amount equal to the Title III requirement monies and state matching fund received by the County if the Secretary of State of Indiana and the Co-directors of the Indiana Election Division determine on March 1, 2006 that the County has not (1) provided at least one (1) voting system in each polling place of the county no later than December 31, 2005 to permit a voter who is blind or visually impaired to vote privately and independently in accordance with Public Law 209-2003; or (2) honored one or more of the certifications made by the County in this Resolution regarding polling place accessibility or the permitted uses of these funds.

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