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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on October 18, 2010, at the White County Building, Commissioners Conference room, 2nd floor, beginning at 8:00 a.m.

Commissioners’ present was President John C. Heimlich, Vice President Steve Burton, and Commissioner Ron Schmierer.  Also present was the White County Attorney George Loy, White County Auditor Jill Guingrich, and the Commissioners’ Secretary Donya Tirpak.

Commissioner Heimlich called the meeting to order.

MINUTES
·    Commissioner Schmierer made a motion to approve the minutes for the regular meeting held on October 4, 2010, seconded by Commissioner Burton.  Vote:  Unanimous

PAYROLL
·    Commissioner Burton made a motion to approve and pay the payroll as presented, seconded by Commissioner Schmierer.  Vote:  Unanimous

CLAIMS
·    Commissioner Schmierer made a motion to approve and pay the claims as presented, seconded by Commissioner Burton.  Vote:  Unanimous

INDIANA LANDMARKS
Representative Todd Zeiger was unable to make the meeting.

AREA PLAN
White County Area Plan Director, Joe Rogers, presented an amendment to Chapter 11 in the Zoning Ordinance addressing the APC & BZA membership.

Mr. Rogers said that he doesn’t believe that the current structure of the APC & BZA membership comply with state statute.  This amendment primarily affects the APC appointments. 

AMENDMENT TO THE ZONING ORDINANCE OF WHITE COUNTY, STATE OF INDIANA

ORDINANCE NO.  10-10-18-01

WHEREAS,  the White County Area Plan Commission has initiated and prepared this ordinance to amend the White County Zoning Ordinance pursuant to IC 36-7-4-602 (c) and IC 36-7-4-607;

WHEREAS, the White County Area Plan Commission has reported that it held a public hearing concerning this ordinance on October 12, 2010, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana on or before the 2nd day of October, 2010 as required by IC 36-7-4-604;

WHEREAS, the White County Area Plan Commission has reported that it paid reasonable regard to the factors enumerated in IC 36-7-4-603 in consideration of the ordinance and determination or a recommendation to be made to the legislative body of White County;

WHEREAS, the White County Area Plan Commission has certified this ordinance to the legislative body with a recommendation by a majority vote in favor of adoption pursuant to IC 36-7-4-603 before acting on this ordinance;

WHEREAS, the legislative body recognizes that certain land uses, by their very nature, require restricted size of signage.  Because the restrictions are necessary aspect of zoning use to the public, it is deemed that such restrictions on signage are not detrimental to the public safety and welfare.

WHEREAS, the legislative body has determined that this ordinance should be adopted without amendment as certified by the White County Area Plan Commission pursuant to IC 36-7-4-607; therefore,

BE IT ORDAINED AND ADOPTED BY THE LEGISLATIVE BODY OF WHITE COUNTY, INDIANA:

AMENDING CHAPTER 11: 

Administrative Bodies and Officials
Subchapter 11.1 Bodies and Officials
Sub-subchapter 11.1.3 Area Plan Commission
Sub-subchapter 11.1.4 Board of Zoning Appeals

11.1.3      Area Plan Commission

A.    Establishment
There is established the Area Plan Commission, to be known as the White County Area Plan Commission.  The Area Plan Commission shall be a continuation of the present Area Plan Commission established under plan law, IC 36-7-4-200 Series:  Commission Establishment and Membership, as amended from time to time.

B.    Composition
The Area Plan Commission shall consist of membership authorized by IC 36-7-4-211 as amended from time to time and shall be prescribed as follows:

1.    Two (2) representatives from each city having a population of less than ten thousand (10,000).

a.    One (1) member appointed by the municipality legislative body from its membership.

b.    Once citizen member appointed by the municipal executive

2.    One (1) representative from each town having a polulation of two thousand one hundred (2,100) or less that had a representative before January 1, 1979.

3.    Such representatives from towns having a population of not more than two thousand one hundred (2,100) as are provided for in IC36-7-4-210 as amended from time to time.

4.    One (1) member appointed by the county executive from its membership or the county executive’s designee.

5.    One (1) member appointed by the county fiscal body from its membership.

6.    One (1) representativbe appointed by the school corporation superintendents within the jurisdiction of the Area Plan Commission.

7.    One (1) of the following appointed by the County Executive:

a.    The county agricultural extension educator.

b.    The county surveyor or the county surveyor’s designee

8.    One (1) citizen member appointed by the County Executive who is:

a.    A resident of te unincorporated area of the county; or

b.    A resident of the county who is also an owner of real property located in whole or in part in the unincorporated area of the county.

9.    One (1) citizen member appointed by the county fiscal body who is:
a.    A resident of the unincorporated area of the county; or

b.    A resident of the county who is also and owner of real property located in whole or in part in the unincorporated area of the county.
C.    Terms of Office
1.    Each citizen member shall be appointed for a four (4) year term expiring on the first Monday of January of the fourth year after the year of the member’s appointment

2.    Advisory council members shall be elected for (1) year terms, terminating at the end of the year.


3.    Any member who is appointed from the membership of a legislative body or a park board is coextensive with the member’s term of office on that body, board, or council, unless the body, board, or council appoints, at its first regular meeting in any year, another to serve as its representative.

4.    All other members shall serve a four (4) year term expiring on the first Monday of January of the fourth year after the year of the member’s appointment.

11.1.4    BOARD OF ZONING APPEALS

A.    Establishment
The Board of Zoning Appeals is hereby established under the planning law, being IC 36-7-4-900, as added by Acts 1981, Pub. L. 309 Sec. 23., and is to be known as the White County Board of Zoning Appeals and shall be a continuation of the present Board of Zoning Appeals.

B.    Composition
The Board of Zoning Appeals shall consist of the following five (5) members:

1.    One (1) citizen member appointed by the Area Plan Commission from its membership.

2.    One (1) citizen member appointed by the Mayor of Monticello provided said citizen member is not a member of any Plan Commission, appointed by the County Commission.


3.    Two (2) citizen members, one who must be a member of the Plan Commission and one who is not a member of any Plan Commission, appointed by the County Commissioners.

4.    One (1) citizen member, who may not be a member of any plan commission, appointed by the executive of the second largest municipality in the county participating in the commission. 


Director Rogers said that this petition to amend the zoning ordinance was discussed at a public hearing by the APC board on October 12, 2010.  At that time, the APC voted to recommend this amendment to the Commissioners by a vote of 8 yes and 0 no.

·    Commissioner Burton made a motion to approve the proposed amendment to the White County Zoning Ordinance (Ordinance #10-10-18-01) Chapter 11 in regards to the Area Plan Commission and Board of Zoning Appeals membership, seconded by Commissioner Schmierer.  Vote:  Unanimous


Rezoning Petition #986
Girtz Investments, LLC, is requesting to rezone 8.940 acres from an A-1 (General Agriculture District) to an I-1 (Light Industrial).  The property is located approximately one-third (1/3) mile northeast of Lowes Bridge at 5262 N. East Shafer Drive.

The APC held a public hearing regarding this petition on October 12, 2010.  At that time, the APC voted to recommend this amendment to the Commissioners by a vote of 8 yes and 0 no.

·    Commissioner Burton made a motion to approve Rezoning Petition #986 (Ordinance No. 553-10) from an A-1 to an I-1 for Girtz Investments, LLC, located at 5262 N. East Shafer Drive, seconded by Commissioner Schmierer.  Vote:  Unanimous

JAIL – GRINDER SYSTEM
Commissioner Schmierer said that the grinder system at the jail needs to be repaired or replaced.  A quote from Jim Overbeck Excavating, Inc. was submitted to the Commissioners from the Sheriff to install a new grinder system for $18,316.32.

·    Commissioner Schmierer made a motion to approve the replacement of the damaged grinder at the jail for $18,316.32 from Jim Overbeck Excavating, Inc., seconded by Commissioner Burton.  Vote:  Unanimous

HIGHWAY DEPARTMENT
White County Highway Superintendent, Steve Brooke, presented the 2011 Holiday schedule for the Highway Department.

January 3                  New Year’s Day
February 11              Lincoln’s Birthday
Febrary 21                President’s Day
April 22                    Good Friday
May 30                     Memorial Day
July 4                       Independence Day
September 5              Labor Day
October 10                Columbus Day
November 11             Veteran’s Day
November 24-25        Thanksgiving Day
December 26            Christmas Day

·    Commissioner Schmierer made a motion to approve the 2011 Holiday Schedule for the White County Highway Department as presented, seconded by Commissioner Burton.  Vote:  Unanimous

At this time, White County Council President Richard “Buzz” Horton called the Council members to order in joint session with the Commissioners.  Council members present were:

President Buzz Horton        Bruce Clear        Casey Crabb
Gary Hendryx            Denny Carter        Denny Cain
Butch Kramer

HOSPITAL
White County Memorial Hospital CEO, Stephanie Long, presented the Financial Analysis report for September 2010.

Mrs. Long said that they had a gross patient revenue of $4.3 million for the month, putting them at $38.9 million for the year.  A lot of this is coming from out patient charges which are emergency room visits as well as oncology services that they are now offering.  Net revenue for the month was $2.4 million, which gives them $22.7 million year to date.  Operating expenses left them with an operating gain of $6,749 for the month and $170,371 for the year.  Their operating expenses are running $2 million under the budget.  Their net gain for the month was $37, 782 and their cash position is now at $6.6 million.

BUILDING INSPECTOR
White County Building Inspector, Dave Anderson, reported 38 permits were issued last month; five of them were for new homes.

COUNCIL ON AGING
Council on Aging Director, Gail Spry, reported that they had 4,857 boarding’s this last quarter.  Money is very tight right now for the not-for-profit organization primarily because of the high price of fuel.  They have begun to crack down on people who do not donate.  People who are 65 and older do not have to donate or pay any money but they do expect some type of donation for anyone less than 60 yrs of age. 

Commissioner Schmierer said that Gail has learned that in other counties (Carroll) the Council on Aging receives donations from their Township Trustees.  Gail said that when she contacted White County’s Township Trustees to ask if they would help support her service, she had two that said yes and two that said that it is against the law for them to donate.  She asked the Commissioners and Council for a letter supporting her request to the township trustees. 

The Commissioners requested the Auditor to check and see with the State Board of Accounts if it is legal and if it was the Commissioners and Council agreed that they would write a joint letter requesting the trustees to help support the organization. 

ECONOMIC DEVELOPMENT
White County Economic Development Director, Connie Neininger, presented the Director’s Report for September’s activity.

Connie reported that Girtz Industries is doing really well right now and they are up to 140 employees.

Connie has been talking with Horizon Wind about a “look out point” for people to go to when they want to look at the windmills in White County.

CLOSING OF LUSE ROAD – WHITE COUNTY AIRPORT
Phil Gutwein, White County Aviation Board member, would like to start the “wheels in motion” to close Luse Road for the expansion of the runway in 2015.  He said that it is in the project to relocate Luse road, just north of the Whyte Horse Winery, but now the board is proposing that they do not do this.  The board feels that there isn’t a need to duplicate Luse Road since there is Gordon Road just less than a quarter of a mile north.  This would save them $1.1 million that could be spent somewhere else on the airport project.  By not relocating the road, Mr. Gutwein said that the project could be finished a year earlier.

Commissioner Heimlich suggested that a public hearing be held early next year and any issues on the relocation and then the Commissioners could make a decision. 

AMENDMENT TO THE ECONOMIC DEVELOPMENT AGREEMENT – PHASE V
Connie Neininger, Economic Development Director, presented copies of the “First Amendment to Agreement for Use, Repair, Improvement of Roads and Repair of Drainage Facilities, for Phase V to the Commissioners and Council for their approval.  This agreement is between White County and Meadow Lake Wind Farm V LLC.

·    Commissioner Schmierer made a motion to approve the proposed amendment for the Road Use Agreement with Meadow Lake for Phase V, seconded by Commissioner Heimlich.  Vote:  2 Yes and 1 Abstain (Burton)

·    Councilman Kramer made a motion to approve the proposed amendment for the Road Use Agreement with Meadow Lake for Phase V, seconded by Councilman Clear.  Vote:  6 yes and 1 Abstain (Councilman Cain)

There being no further business to come before the Council, they adjourned to their own meeting.


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




__________________________          _______________________             _________________________
John C. Heimlich, President           Steve Burton, Vice President       Ronald Schmierer, Member






ATTEST:  _________________________
Jill Guingrich, Auditor