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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 July 7., 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 from the June 16, 2003 regular commissioners meeting, seconded by Commissioner Schmierer. Vote: Unanimous

PAYROLL

Commissioner Ferguson made a motion to approve payroll for July 14, 2003 as presented, seconded by Commissioner Schmierer. Vote: Unanimous

CLAIMS

Commissioner Schmierer made a motion to approve the claims as advertised with the exception of C.T.E. Engineering for $620.00 from the Drainage Board account and also Godlove Enterprises for $170.00 from the Commissioners account, seconded by Commissioner Ferguson. Vote: Unanimous

VACATE ROADWAY

Attorney John Million appeared before the Commissioners representing Herman and Margot J. Gouwens presenting a petition for vacating a public roadway. The roadway is part of a 15.00-foot roadway as platted in Edgewater Addition to Camp Reuben in Liberty Township. The petitioners do own all of the property over which the roadway passes. The property is described as Lot #12 and 10 feet of even width off of the North side.

James Wilson Jr., owner of the property lying immediately to the South, appeared supporting the vacation request. Mr. Wilson said that the roadside does not go all the way through and it is a dead end road.

The Commissioners agreed that they do not see any reason not to approve the vacation request but at this time they will table the decision until the next meeting to receive an opinion from the Highway Superintendent Steve Brooke. Mr. Brooke was on vacation.

NICK NIELSEN – 7088 MAPLE BEND DRIVE

Joyce and Nick Nielsen, 7088 Maple Bend Drive, appeared before the Commissioners regarding Mr. Peter Kalogiannis appearing at the Commissioners meeting in December 2002 and also on June 16,2003, making complaints about their carport. Mr. and Mrs. Nielsen spoke in their defense detailing the dates and information that was given to them from the White County Building Inspector and the Area Plan Office on what is required to put up a carport on their property. Mr. and Mrs. Nielsen were told that if the carport is not set into cement it is not considered a permanent structure, which will not require a permit or setbacks. Mr. Nielsen said that the carport does sit 18” away from his property line but is not grounded with cement.

White County Building Inspector Dave Anderson explained the definition of what a carport is. Since Mr. Nielsen has enclosed the carport with two walls, the carport is now considered a permanent structure. Dave Anderson said that carports were not previously covered under the ordinance, but since the setback has become an issue, they have recently added them to the ordinance.

Commissioner Schmierer said that if they obtain a permit and move the carport back 6’ from the property line and road, they will be in compliance.

Commissioner Heimlich said that it is not up to the Commissioners to make the call on what to do with the carport but advised them to work with the Area Plan and Building Department to get this issue resolved.

AREA PLAN

White County Area Plan Director Diann Weaver appeared before the Commissioners presenting the following rezoning request that were tabled at the last meeting on June 16, 2003:

Rezoning Petition #815

Robert Teumer, requesting to rezone 2.571 acres from an A-1 (Agricultural) to R-2 (One and Two Family Residential). The rezoning petition does come with a “Drainage Commitment Letter”.

On June 16, 2003, the Commissioners tabled their decision because they wanted to take the White County Surveyor out to look over the drainage on the property.

Commissioner Schmierer reported that he and the White County Surveyor Dennis Sterrett did inspect the property two weeks prior to today’s meeting. Mr. Schmierer feels that this area might be a wetland and asked Mr. Teumer if some of the area has been filled in. Commissioner Schmierer and the Surveyor Dennis Sterrett feels that a 15” pipe will not be sufficient. Commissioner Schmierer recommended that Mr. Teumer hire an engineer to determine what will be sufficient to drain the area.

Commissioner Schmierer also asked Diann Weaver to check the setbacks on the house trailer because he felt that they did not meet the building code regulations.

Commissioner Schmierer told Mr. Teumer that they couldn’t give him permission to drain the area. The Commissioners recommended that he contact the DNR (Department of Natural Resources) requesting a letter from them stating that he can drain the area.

Commissioner Schmierer made a motion to send Rezoning Petition #815 back to the Area Plan Commission, seconded by Commissioner Ferguson. Vote: Unanimous

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 recommended this amendment to the Commissioners with a vote of 8 Yes 0 No, contingent on all owners signing the “Waiver of Restrictive Covenants and Release of Violation”. This request was tabled at the Commissioners meeting on June 16, 2003, for the Commissioners to review the restrictive covenants and plat map of the lot because the waiver did not have the signatures of Lots 9, 10, or 11.

Commissioner Heimlich said that the one individual that refused to sign the waiver was not necessarily opposed to the rezoning; he just did not want to sign anything. Commissioner Heimlich did verify that the individual that did not sign the waiver was also the owner of a lot that was exempt from the covenant.

Commissioner Heimlich said that he did discuss this with the Whit County Attorney George Loy and Attorney Loy saw no reason why the Commissioners should not grant the request.

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

Commissioner Schmierer made a motion to approve Rezoning Petition # 823 rezoning from a B-2 to an R-3 for property located at 564 & 566 S. Country Lane for Todd M. & Lenette N. Bell, seconded by Commissioner Ferguson. Vote: Unanimous

WHITE COUNTY RECYCLING

White County Recycling Director Dawn Gerrard appeared before the Commissioners saying that the dikes have been put in place at the Recycling center and Segals have been thanking her for getting things cleaned up. She informed the Commissioners that she is getting rid of the dump truck, drop deck trailer, and conveyor belt.

PHYSICIANS MUTUAL INSURANCE

Mark G. Burke, Agent, appeared before the Commissioners presenting brochures and an informational packet about long-term care insurance for county employees.

DAVE UTTERMOHLEN – SENIOR HOUSING COMPLEX

Dave Uttermohlen, Owner of Uttermohlen Properties, LLC, appeared before the Commissioners discussing a senior housing complex that will be accessible off of 715 North Main Street in Monticello. Mr. Uttermohlen is applying for a grant to help build the complex and in the grant application points are earned for having substantial financial contributions from local government. Mr. Uttermohlen asked the Commissioners if they would waive part of the building fees, which will be a savings to the project and also count as a substantial financial contribution for the grant.

Commissioner Schmierer asked Mr. Uttermohlen why the Commissioners would even consider giving a price reduction to a private enterprise.

Mr. Uttermohlen explained that the property owner will be the Area IV Development Corporation, which is a not-for-profit organization and the developing agent is Uttermohlen Properties, LLC, which is a private-for-profit.

Mr. Uttermohlen said that he is asking for the price reduction because of a fairness issue. He feels that it is not fair for the county to charge the same building permit fees for modular manufacture homes. The building permit fees are defined based on a stick building and Mr. Uttermohlen explained that the 26 units that will be built are modular manufacture homes. The only inspections that the Building Inspector will have to do are the foundation inspection and the final inspection, which is a lot less work for the Building Inspector than the standard home being built.

Currently, there is no difference in the building permit fees for a modular manufactured home compared to a stick building, which is $.12 square foot.

Commissioner Schmierer stated that he feels the county would open a “can-of-worms” because there are a lot of manufactured homes in the county.

Attorney George Loy said that Mr. Uttermohlen is on the City Council’s Agenda asking for an easement to run a private sewer, 100 truckloads of fill and 100 cubic yards of wood chips.

The Commissioners tabled this discussion to see how the City Council votes for his request. Commissioner Heimlich did verify that at this time the consensus is that the County Commissioners are not ready to grant Mr. Uttermohlen the waiver.

ORDINANCE FOR E-911 ADDRESSING

Diann Weaver, Director of Area Plan, asked the Commissioners to consider adopting an ordinance for the E-911 addresses. Diann has been working with Bob Hickman, Monticello Fire Department, and they feel that there needs to be some enforcement for the 911 addresses to be posted on the properties. The fire department is running into problems locating properties because homeowners are not posting their addresses properly. White County Building Inspector did tell Diann that he could assist with this with the new homes.

Commissioner Schmierer said that he agrees with this request, but feels that there needs to be teeth in the ordinance for enforcement.

White County Attorney George Loy said that he could put something together where a homeowner will be penalized or fined for the enforcement.

WHITE COUNTY FOOD PANTRY

Connie Neinger, Director of the White County Community Foundation, and Chris Larson, K-IRPC, appeared before the Commissioners informing them that they are working together along with the White County Food Pantry to obtain a Community Focus Fund grant from the Indiana Department of Commerce to help purchase a new facility. The food pantry has been working out of the First Presbyterian Church for about 15 years. They are considering purchasing a building in Norway for $200,000 and renovating it to access the food pantry. The grant will be strictly for the building and any improvements to the building. The White County Food pantry will put in the 10% match. They are having a public meeting on July 10, 2003, at the White County Foundation Building and everyone is welcome to attend.

The Commissioners said that they think this is a great move for the food pantry.

WHITE COUNTY SERIFF’S DEPARTMENT

White County Sheriff John Roberts submitted proposals to have a Type V Grinder Pump Station installed for the wastewater system at the Sheriff’s department. The grinder will be purchased from the Twin Lakes Regional Sewer District. The total cost of the project is $12,441.00, which will be paid out of the Cumulative Building Maintenance fund.

Commissioner Schmierer made a motion authorizing the White County Sheriff to purchase and install the grinder station at the jail, 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