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BE IT REMEMBERED, that a regular meeting of the White County Commissioners was held at the White County Building at 8:00 a.m. on June 16, 2003, on the second floor of the Commissioners Chambers.

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

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

MINUTES

Commissioner Ferguson made a motion to approve the minutes as presented for the regular meeting on June 2, 2003, seconded by Commissioner Schmierer. Vote: Unanimous

PAYROLL

Commissioner Schmierer made a motion to approve the payroll as presented for June 16, 2003, seconded by Commissioner Ferguson. Vote: Unanimous

HEALTH BOARD APPOINTMENT

The White County Department of Health submitted in writing a letter stating that Mr. Reese McGee, Retired Professor, will be resigning from the White County Health Board on June 11, 2003.

The White County Health Board has recommended James Stradling, Guidance Counselor at West Central, to finish the unexpired term of Mr. McGee. Mr. Stradling has accepted the vacant board position.

Commissioner Ferguson made a motion to accept the resignation of Mr. Reese McGee from the White County Health Board effective June 11, 2003, seconded by Commissioner Schmierer. Vote: Unanimous

Commissioner Schmierer made a motion to appoint Mr. James Stradling to the White County Health Board beginning June 16, 2003 and expiring December 31, 2005, seconded by Commissioner. Vote: Unanimous

EMERGENCY MANAGEMENT

Gordy Cochran, Director, appeared presenting the Commissioners a Draft of the Comprehensive Emergency Management Plan for them to review. Mr. Cochran also asked permission to purchase a cell phone for his deputy. Permission Granted

GIS DATA MANAGER

Eric Storm, GIS Data Manager, reported that his part-timer has gone back to school for the summer and requested to replace him with Tyler Tetzloff. He does have the money in his budget for his payroll. Permission Granted

PETER KALOGIANNIS

Mr. Kalogiannis, White County resident, appeared before the Commissioners complaining about a neighbor having a portable carport that is anchored down and enclosed without obtaining a building permit from the Area Plan office. Mr. Kalogiannis did appear before the commissioners about this complaint on December 2, 2002. Mr. Kalogiannis also complained about the setbacks of the structure stating that it sits one foot away from his house.

Mr. Walter Hough, Liberty Township Trustee, appeared with Mr. Kalogiannis saying that he has talked with Mr. Dave Anderson, White County Building Inspector, and Mr. Anderson has tried numerously to contact the owner of the property but has had no response. Mr. Anderson is still aware of the situation and trying to contact the owner of the property.

Commissioner Heimlich did say that the Area Plan Department does have an attorney that could write a letter to the owner of the property explaining the penalty and also being fined.

AREA PLAN

Diann Weaver, Director of Area Plan, presented the following rezoning request to the Commissioners for approval:

Rezoning Petition #815

Robert Teumer, property owner, is requesting to rezone 2.571 acres from an A-1 (Agricultural) to R-2 (One and Two Family Residential). The property is located Northeast of Buffalo, the last house at the East end of Red Maple Court on the North side of the road. The rezoning petition does come with a “Drainage Commitment” letter. The White County Area Plan Commission held a public hearing on April 14, 2003 for this request. On June 9, 2003, the Area Plan Commission voted to recommend this amendment to the Commissioners by a vote of 7 yes and 1 no.

Commissioner Heimlich asked if anyone was present to speak about the rezoning request.

Herbert Hunt, Buffalo resident, said that he owns a farm next to the property and he feels very strongly that the drainage ditch needs to be put in before the rezoning request is granted.

Dave Downey, Buffalo resident, also explained the drainage problems and where they are coming from. Mr. Downey asked that if Mr. Teumer does not follow through with the commitment letter by installing the 15” tile what would the be the penalty. Commissioner Heimlich explained that the rezoning would be revoked and there are several violations.

Commissioner Heimlich discussed having the White County Surveyor inspecting the ditch area making sure that the 15” tile will be sufficient. Commissioner Heimlich also questioned why the Commitment letter did not specify a date on when the ditch must be installed.

Commissioner Schmierer recommended that this rezoning request be tabled.

The Commissioners agreed to table this request until the next Commissioners meeting on July 7, 2003, at 8:30 a.m. giving the White County Surveyor and Commissioners an opportunity to research the drainage situation. Commissioner Heimlich also said that if the tile is not put in before the rezoning approval that he would like to see a date in the commitment letter.

Rezoning Petition #823

Todd M. & Lenette N. Bell are requesting to rezone their property from a B-2 (General Business) to an R-3 (Multi-Family Residence). The property is located West of Monticello at 564 & 566 S. Country Lane. The Area Plan Commission held a public hearing on June 9, 2003, recommending the amendment to the Commissioners by a vote of 8 Yes and 0 No, contingent on all owners signing the “Waiver of Restrictive Covenants and Release of Violation”. The waiver that was submitted at the meeting did not have the signatures of Lots 9, 10, or 11.

Commissioner Heimlich asked if anyone was present to speak about the rezoning request.

Lenette Bell, applicant, appeared before the Commissioners saying Attorney Terry Smith prepared the Waiver of Restrictive Covenants and Release of Violation. Mr. Smith explained to her that the owners of Lot 109, 110 & 111 were exempt and do not have any rights to enforce the subdivision rules.

The Bell’s are requesting to rezone because they would like to convert the front house into a duplex.

White County Attorney George Loy suggested to the Commissioners that they receive a copy of the restrictive covenants and also a plat map of the lot.

Commissioner Heimlich said that Rezoning Petition #823 would be tabled until the next Commissioners meeting on July 7, 2003 at 8:30 a.m.

Rezoning Petition #825

Ronald W. & Linda K. Freeman are requesting to rezone Lots 27, 28 and 29 in Amos Oak Crest Third Addition from a B-2 (General Business) to an R-2 (One and Two Family Residential). The property is located in Monon Township on the East side of West Shafer Drive and North of Lowe’s Road. The Area Plan Commission held a public hearing on June 9, 2003 voting to recommend this amendment to the Commissioners by a vote of 8 Yes and 0 no.

The previous owners had the property rezoned from residential to business but never built the business so the new owners would like the property rezoned back to residential.

Commissioner Heimlich asked if anyone was present to speak about the rezoning petition. No response.

Commissioner Ferguson made a motion to approve the Rezoning Petition #825 (Ordinance No. 449-03) from a B-2 to a R-2 for Ronald W. & Linda K. Freeman at Monon Township on the East side of West Shafer Drive and North of Lowes Road, seconded by Commissioner Schmierer. Vote: Unanimous

Rezoning Petition #03-3

Gregory A. & Jerrielyn Jacobs are requesting to rezone 3.97 acres from an L-1 (Lake Residence) to a P.U.D. (Planned Unit Development). The property is located South of Monticello and Richey Lane off of Oakdale Road on the White County – Carroll County Line. The Area Plan voted to recommend this amendment to the Commissioners by a vote of 8 Yes and 0 No, contingent on fulfillment of items 1 through 10.

Commissioner Heimlich asked if anyone was present to speak about the rezoning request.

Mr. Greg Jacobs appeared before the Commissioners explaining how he would like to take a track of land and build 7 duplex’s, which will accommodate 14 residents.

Commissioner Schmierer asked if there is appropriate drainage to accommodate the homes. Diann Weaver said that it would have to have drainage.

Commissioner Heimlich asked if there were any opposition at the public hearing. Diann Weaver confirmed there were no oppositions at the public hearing and also Carroll County has done a preliminary approval but is not yet finalized.

Commissioner Schmierer made a motion to approve Rezoning Petition #03-3 (Ordinance No. 450-03) from an L-1 to a P.U.D. for property located South of Monticello and Richey Lane off of Oakdale Road for Gregory A. & Jerrielyn Jacobs, seconded by Commissioner Ferguson. Vote: Unanimous

CDC PROJECT

Valorie Hunter, KIRPC, appeared before the Commissioners reporting that the Department of Commerce has released the funds for the CDC project. Miss Hunter asked the Commissioners for approval and signatures of the low bid contract.

White County Attorney George Loy said that he did review the contracts from the low bidder, Construction Planning and Management, Inc., from Indianapolis, and also met with representatives. He did not have any problems with the contracts and submitted them to the Commissioners for approval.

Commissioner Schmierer made a motion to accept the bid from Construction Planning and Management, Inc., from Indianapolis to work on the CDC renovation, seconded by Commissioner Ferguson. Vote: Unanimous

Mike Cruz, Director of CDC, appeared before the Commissioners asking them to waiver the Building Permit Fees for this project due to funds being very tight.

Commissioner Schmierer made a motion to grant a waiver from the local Building Permit Fees for the CDC project, seconded by Commissioner Ferguson. Vote: Unanimous

Commissioner Schmierer did emphasize to Mr. Cruz that this will not make the CDC project exempt from the inspections from the White County Building Inspector but will make him exempt only from the fees.

White County Council President James Mann called the Council to order in joint session with the Commissioners. Council members present were: James Mann, Harry Voorhis, Linda Maudlin, Faye Lowring, Dennis Carter, Richard Horton and Art Anderson.

WHITE COUNTY MEMORIAL HOSPITAL

Paul Cardwell, CEO of Hospital, appeared presenting the Financial Analysis for period ending May 31, 2003. He reported that they are actively recruiting for a full-time surgeon. The board is very happy with the purchase of the CAT Scan and the MRI because the need for them has expanded more than what they had envisioned.

WHITE COUNTY BUILDING INSPECTOR

White County Building Inspector Dave Anderson reported that there were 97 permits issued for the month of May 2003.

Commissioner Heimlich asked if things are running pretty smoothly now that the County has had a building inspector for two years with the contractors. Mr. Anderson said that more contractors are starting to ask more about the proper codes for building things rather than building first and then ask questions.

Dave Anderson reported that he has been out at Lakeview home looking over the leaks in the windows. Mr. Anderson thinks the flashing on the roof causes the leaks. Commissioner Schmierer asked Mr. Anderson to get some cost of “tucking of the bricks” before they collapse.

LAKEVIEW HOME

Kae Fuller, Director, appeared presenting her report. She reported that the rubber roof on the porches has pulled away from the bricks. She was given permission to call Deno Roofing for estimate to correct this.

She reported that there are only five residents at Lakeview at the present time. She will look into further advertising and even having an open house to make the public more aware of what the home has to offer.

INDUSTRIAL FOUNDATION

Industrial Foundation Director Cinda Kelley presented an update of projects that have been closed, ongoing and new projects.

She has received the $7,500.00 Community Development Action Grant from the Indiana Department of Commerce.

She also said that the President and Vice President of Vanguard would be attending the Council meeting today to finalize the abatement process.

ENVIRONMENTAL OFFICER

Environmental Officer John Raines presented his monthly report of complaints and violations. He is actively working with IDEM on two spills that occurred in White County.

WHITE COUNTY HIGHWAY FUNDING

Commissioner Heimlich reminded the Council that funding alternatives for the Highway Department were discussed at the last month’s joint meeting. He asked for any suggestions on funding alternatives.

Councilman Horton said he is in favor of putting the wheel tax on the agenda for consideration next year because he is not in favor of tapping into CEDIT funds for the Highway.

Commissioner Schmierer said he is not in favor of the wheel tax because it will only generate $200,000.00 and will create ill will from the taxpayers.

Commissioner Heimlich said he thinks the Solid Waste Fund should be used for a one-time project and not for funding continuing Highway projects. He said we should not get used to using these monies, as the landfill might not always be available to get the funds.

Commissioner Schmierer thought the fuel tax would be the fairest way to pay for Highway projects, but it failed to pass. He said maybe the wheel tax would be a good place to start even though the money generated will not be enough to completely meet highway needs and even though there will be a lot of opposition.

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

There being no further business to come before the Board of Commissioners, meeting adjourned.

______________________________ _____________________________ _______________________________

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

ATTEST: _______________________________

Mary Jo Pool, Auditor