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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on December 20, 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.


Commissioner Ferguson made a motion to approve the minutes for the regular meeting on December 6, 2004, as presented, seconded by Commissioner Schmierer. Vote: Unanimous


Commissioner Schmierer made a motion to approve the payroll for December 27, 2004, seconded by Commissioner Ferguson. Vote: Unanimous


Don Ward, County Engineer, presented an aerial view of the tentative alignment of the roadway and new bridge on Washington Street. Mr. Ward attended a “scope of work” meeting with the Indiana Department of Transportation. Three routes were originally set up and Mr. Ward felt that two of them were no good. Mr. Ward presented the route that he felt would work best to the Commissioners.

Mr. Ward expects construction could be as far as ten years away, but when it does happen, it won’t be cheap. He said it could cost a half million dollars just to take out the old bridge.


White County Attorney George Loy announced that the bids for the Highway Department 2005 Supplies have been advertised and the time has expired for the submission of bids.

The following bids were submitted for the White County Highway Dept. 2005 supplies:


  1. Petroleum Traders Corporation, Fort Wayne, IN

  2. City Fuel & Heating, Inc., Monticello, IN

  3. Excel CO-OP, Monticello, IN


  1. City Fuel & Heating, Monticello, IN

  2. Good Oil Co., Inc., Winamac, IN

  3. Petroleum Traders Corporation, Fort Wayne, IN

  4. Excel CO-OP, Monticello, IN


  1. McCord Auto Supply, Inc., Monticello, IN


  1. Vulcan Materials, Lafayette, IN

  2. US Aggregates, Inc., Delphi, IN

  3. Material Service Corp., Monon, IN


  1. Segal’s Delta Trucking, Inc., Reynolds, IN

  2. Vulcan Materials Company, Lafayette, IN


  1. Koch Materials Company, Warsaw, IN

  2. Asphalt Materials, Inc., Indianapolis, IN


  1. Central Paving, Inc., Logansport, IN


  1. Milestone Contractors, Lafayette, IN

  2. Central Paving, Inc., Logansport, IN


  1. Segal’s Delta Trucking, Reynolds, IN

Commissioner Heimlich announced that the Commissioners would take the bids under advisement and award them at the next meeting on December 30, 2004.


Edwin Buswell, Director for K-IRPC, appeared before the Commissioners presenting the public hearing that is required for the Brookston Fire Truck Grant Application. Mr. Buswell explained that the County is submitting a grant on behalf of the Town of Brookston for a fire truck from the Indiana Department of Commerce. The request amount requested will be $150,000.00, which is the highest dollar amount for a fire truck. Mr. Buswell said that there will be a local match needed of $25,000. The Town of Brookston has said that they will pay the local match.

Edwin Buswell asked the public for any questions or concerns regarding the grant application . There was no questions or concerns from the public.

At this time Commissioner Heimlich closed the public hearing.


Mr. Clay Watson, Director of the Buffalo Boy Scout Camp, appeared before the Commissioners saying that he is having a problem with the Area Plan Department regarding the definition of a building that he would like to put up at the camp. Mr. Watson is wanting to build a shop on the camp property and Diann Weaver, Director, is telling him that the building will be considered an “accessory building”.

Mr. Watson explained how he considers this building to be a “principal building”. He said the structure is going to be used for storage of tractors and mowing equipment to maintain the camp. The definition of a “principal building” is: A non-accessory building in which is conducted the principal use of the lot, on which it is located.

Mr. Watson said that according to an A-1 zoning the building height for a “principal structure” is 30 feet and for an “accessory building” the maximum height is 15 feet. Mr. Watson’s building is planned to be 23 feet high. Mr. Watson discussed that if the Area Plan Director defines this structure as an “accessory building” this will force him to have to apply for a height variance which could cost the camp over $500.00 for a required survey.

Commissioner Heimlich asked how far the building is from the property line. Mr. Watson said that the building is a good 1,000 feet. Commissioner Heimlich thought that this problem had been resolved. Mr. Watson said that he tried to go before the BZA board to appeal the Director’s definition of the building but the Director did not return his telephone calls to be put on the agenda.

Councilman Art Anderson said that he is on the Fiancé Committee for the Camp Buffalo Boy Scouts and verified that there is no money budgeted for a survey or any other cost and felt that this arguing was ridiculous.

Commissioner Heimlich said that he will talk to Diann and if necessary, Commissioner Heimlich will come to the meeting.


Councilman Art Anderson, also board member of the Twin Lakes Regional Sewer District, discussed the agreement that was put into place when the county started processing the payroll for the TLRSD employees. The agreement said something to the fact that the county will be paid a percentage for each employee processed for the TLRSD. Council Anderson said that the number of employees at the TLRSD drastically increased and is costing them a lot more money. Councilman Anderson proposed to the Commissioners to have the fee changed to a per person rate rather than a percentage rate.

Commissioner Heimlich said that he would check how the policy was set up and discuss this with the Auditor’s office.


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

Rezoning Petition #864

Rangeline Properties, Inc., is requesting to rezone 4.0 acres of their property from an A-1 (Agricultural) to an I-2 (General Industrial). The property is located West of Monticello on the northeast corner of Division Road and County Road 300 E. The White County Area Plan Commission held a public hearing on this request on December 13, 2004. The APC voted to not recommend this amendment to the Commissioners by a vote of 1 yes 8 no.


Commissioner Heimlich asked if there was anyone here today to speak about this request.


Jeff Van Weelden, applicant, appeared before the Commissioners saying that he is requesting the rezoning to use the property strictly for the purpose of storing empty containers for his trash business. Mr. Van Weelden said that under his current A-1 zoning the property was allowed to be used as a parking lot. Mr. Van Weelden placed stone down and is currently using the property as a parking lot to park his trucks and containers. Mr. Van Weelden said that he has received a letter saying that if he wants to store containers on the property than a rezoning to an I-2 must be done.


Commissioner Ferguson said that he does not understand why anyone would object to his property rezoning request because there are pine trees planted all along the property, good roads going back and the trucks were all parked neat. Commissioner Ferguson doesn’t understand why there were signatures of people on the petition who don’t even live near the property.


Commissioner Schmierer asked if a junkyard could be on an I-2 zoning. Diann verified that an I-2 does open the property up for a junkyard and other types of business. Commissioner Schmierer asked Mr. Van Weelden if he has applied for a permit with IDEM to open up a transfer station. Mr. Van Weelden said that he has applied for a transfer station permit for the property across the road. Mr. Van Weelden also pointed out that he doesn’t necessarily need an I-2 rezoning but only a special exception to store the containers on the property.


John Pauken, 1186 Hanawalt Road, presented a copy of the petitions from neighbors in the area opposing the rezoning. Mr. Pauken opposes the rezoning because of the risk of groundwater contamination from trash operation getting into the adjacent wetland, wells, and air contamination by asbestos dust from the trash.


John Raines, 1190 Hanawalt Road, said that he drives by that area on an average of twice a day and believes it is an eye sore. Mr. Raines has researched the business and found that the special exceptions that have been issued in the past for the previous owner have been violated by Mr. Van Weelden. John Raines argued that Mr. Van Weelden came in and said that he would obey the special exemptions a year ago and he never followed through. Mr. Raines said that the property is already being used as a transfer station. Mr. Raines said that he does not want this business in his neighborhood.


Commissioner Heimlich asked Diann how the special exceptions are enforced or checked on. Diann said that if she is aware of the violation she does pursue it and it is taken back to the BZA board.


Mr. Van Weelden said that the property where the trucks are parked on right now is zoned correctly (I-2) and the property across the street (north) is what he is trying to get rezoned to store his containers. Mr. Van Weelden pointed out that there is a junkyard right next to his property; as well as, other industrial businesses that are on Division Road. Putting in another industry on this road is not something new.


Bill Pyle, 3562 E. Division Road approximately 1.5 miles, said that he has seen several trash services come in on this property and then be sold. Mr. Pyle said that Mr. Van Weelden is requesting to double the size of his operation. Mr. Pyle can see that this will not be good because every time there is a new owner the trash business gets bigger and worse. He asked the Commissioners to deny the request.


Commissioner Schmierer said that in the eight years that he has been Commissioner the Commissioners have never went against the APC’s recommendation.


  • Commissioner Schmierer made a motion that the Commissioners deny rezoning petition #864 the same as the Area Plan Commission did, seconded by Commissioner Heimlich. Vote: 2 yes and 1 no (Ferguson)

Rezoning Petition #867

Joshua M. & Heather M. Small are requesting to rezone 1.0 acre from an A-1 (Agricultural) to an R-2 (One and Two Family Residential). The property is located North of Monticello at 5632 N. Stahl Road. The White County Area Plan Commission held a public hearing on this request on December 13, 2004. The APC voted to recommend this amendment to the Commissioners by a vote of 9 yes 0 no.


Commissioner Heimlich asked if anyone was wishing to speak about this request. No response.


  • Commissioner Schmierer made a motion to approve rezoning petition #867 for Joshua and Heather Small for property located at 5632 N. Stahl Road, Monticello, seconded by Commissioner Ferguson. Vote: Unanimous

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 Dennis Carter

Harry Voorhis Linda Maudlin Faye Lowring



White County Building Inspector Dave Anderson appeared to give his monthly report. He said there were fifty-two permits issued last month with five for new houses. Mr. Anderson reported that conventional housing has been up while modular homes have been down.



White County E-911 Director Terri Conwell thanked the Herald Journal newspaper for the article they published concerning the E-911 department and dispatchers. She said that the article gave the public a little bit of insight and also sparked a lot of interest in the dispatch positions.


Terri is still working with Plexis Group regarding the reimbursement the county will receive from the new mapping software. The reimbursement is expected to be $5,450.00.


Terri discussed changing the schedule worked by the dispatchers and having them work four and two. This would give the dispatchers a weekend off every two weeks.



White County Environmental Officer John Raines appeared presenting his Report of Complaints and Violations for the month of November 2004. He reported that the complaints have slowed down which gives him more time to spend at the landfill.



White County Memorial Hospital CEO Paul Cardwell presented the Financial Analysis Report for the month of November 2004. He reported that the hospital did have a gain for the month, which puts them at eleven consecutive months showing a gain. The hospitals budget for 2004 was set at $300,000.00, to date they have brought in $1,949,000.00.



White County Assessor Karen Hatter appeared before the Commissioners and Council asking for their appointments to the PTABOA (Property Tax Assessment Board of Appeals) board for the year 2005. Candidates willing to set on the board are Freeholders Keith Million and Robert Oilar. Level II Certified Appraiser candidates are Edward Bish and Leonard Levin. The Commissioners must appoint one Freeholder and one Level II.


  • Commissioner Schmierer made a motion to appoint Robert Oilar and Leonard Lavin to the PTABOA board for the year 2005, seconded by Commissioner Ferguson. Vote: Unanimous

  • Councilman Voorhis made a motion to appoint Ed Bish and Keith Million to the PTABOA board for the year 2005, seconded by Councilman Anderson. Vote: Unanimous



Joe Maudlin, 226 N. Illinois Street, appeared before the Commissioners and Council discussing the article that was printed in the Herald Journal newspaper regarding the health insurance issue for Council and Commissioners. Mr. Maudlin felt that some type of action would have been taken from the articles in the paper, but there was not.


Mr. Maudlin asked the County Council to take a leadership role and correct the problem. Mr. Maudlin feels that there is no need to have the county pay $753/month for health insurance to elected officials meeting a few hours a month. Mr. Maudlin figured up that for the year 2005 insurance it will cost the treasurer $36,000 to cover the Commissioners and Council.


Mr. Maudlin asked the Council for a vote to support eliminating this abuse of the county treasurer.


Councilman Anderson said that the Council already had a vote on this before but it failed to be pass. Anderson did agree that the Council does less than any board that he has ever served on but feel that the Commissioners put in a lot of more time and they shouldn’t be denied county insurance.


Councilman Anderson made a motion to eliminate Council members from receiving health insurance effective January 1, 2005. Motion died for lack of second.


Commissioner Heimlich said that after doing some research he has found out that the Commissioners have had in the past a decision role on the insurance issue. Commissioner Heimlich discussed minutes found from October 1984. Commissioner Heimlich said that the Council and the Commissioners should discuss this where they will look at the overall package, salary and benefits.


Commissioner Heimlich does not know but advises the County Attorney George Loy to check the legality of changing the insurance benefit for the employees when they have already been signed up. This issue should be addressed during budget time.


Councilman Voorhis said that he thinks the Corner should have the health insurance because of the 24/7 on-call that he puts in.






White County Surveyor Denny Sterrett appeared with the White County Recorder Donna Salomon discussing the need for a digital copier and scanner that is needed for the Surveyors department. The County Council has approved the Surveyor $11,000 to purchase one but the actual cost is $22,000.00. White County Recorder Donna Salomon said that she would contribute $5,000 towards the purchase since she also will utilize the equipment. Surveyor Sterrett requested the Commissioners to pay the balance out of their budget under “office supplies”.


  • Commissioner Schmierer made a motion to make up the difference on the plotter paid out the Commissioners budget, seconded by Commissioner Ferguson. Vote: Unanimous


Commissioner Schmierer said he has quotes on installing a water line from Lakeview Home to the City water line. The cost is going to run around $21,00.00. Commissioner Schmierer needs to discuss the quotes with the Monticello Water Superintendent Rod Pool.



Commissioner Heimlich thank the outgoing Council members; Art Anderson, Linda Maudlin and Harry Voorhis for their years of service and dedication to the county.



Commissioner Heimlich said that he attended a meeting that was held by the Area Plan Commission discussing the procedure on moving signs along 6th street when reconstruction will be gone on. It was questioned if the businesses would have to apply for permits, restrictions on where they could place the signs and whether or not they will be grandfathered in.

Diann Weaver, Director of Area Plan, feels that some of the issues she thinks will be the structures that are currently grand fathered in meeting their set backs from the right-of-way.

Commissioner Schmierer said that the Commissioners are going to have to work with these businesses to make sure that they are in compliance and help them out the best that they can.

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

_______________________________ ______________________________ ____________________________

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

ATTEST: ________________________________

Mary Jo Pool, White County Auditor