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BE IT REMEMBERED, that the White County Commissioners held a rescheduled (August 15, 2011) meeting on August 22, 2011, at the White County Building, Commissioner Conference room, 2nd floor, beginning at 8:00 a.m.

Commissioners present were President John C. Heimlich and Vice President Steve Burton.  Also present was the White County Auditor Jill Guingrich and the Commissioners’ Secretary Donya Tirpak.

White County Attorney George Loy was absent.

Commissioner Heimlich called the meeting to order.

MINUTES

Commissioner Burton made a motion to approve the minutes as presented for the regular meeting held on August 1, 2011, seconded by Commissioner Heimlich.  Vote:  Unanimous

PAYROLL

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

CLAIMS

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

PASSING OF COMMISSIONER

Commissioner Burton announced that on August 13, 2011, they lost a Commissioner, Schmierer, who was a very active and dedicated servant.  Commissioner Schmierer was always a

champion for White County and he did not waiver in his commitment.

6th STREET CHANGE ORDERS

Commissioner Heimlich discussed the 6th Street change orders that were submitted at the last meeting.

Change Order #18 for alternate method of subrade treatment:        $  6,425.00

Change Order #19 for cement stabilization:                $64,080.00

Commissioner Burton made a motion to approve 6th Street change order’s # 18 and #19 as presented, seconded by Commissioner Heimlich.  Vote:  Unanimous

PROPOSED AMENDMENT TO THE SIXTH STREET ENGINEERING CONTRACT

John Tucker, American Structurepoint, Inc., explained that Amendment No. 1 is needed for the increase in project personnel time due to the extension of the utility delays.  This

affected the closure restrictions for Sixth Street and impacted the contractor’s ability to work on critical path items.  Amendment No. 1 is for an additional $131,027.70 which

increases the original engineering contract from $480,576.70 to $611,604.40.  The project completion date is revised to November 15, 2011.

 

Commissioner Heimlich said that this additional cost would be 80% federal and 20% matching funds.  Commissioner Heimlich asked the Highway Superintendent, Steve Brooke, to pay

the 20% out of Cumulative Bridge Fund.  Commissioner Heimlich said that a future meeting with Dennis Faulkenberg and Lori Maudlin is needed to look at the estimated cost for the

rest of the project.  

Commissioner Burton made a motion to approve Amendment No. 1 to the original engineering contract for additional inspection work on the Sixth Street project, US24 to Rickey Road

section, seconded by Commissioner Heimlich.  Vote:  Unanimous


EMA DIRECTOR

Commissioner Heimlich announced that the EMA Director, Rose Brady, has turned in a letter of resignation effective September 30, 2011.

Commissioner Burton made a motion to accept the letter of resignation from the EMA Director, Rose Brady, seconded by Commissioner Heimlich.  Vote:  Unanimous

Commissioner Heimlich said that there is an Emergency Management Board that will advertise for a replacement, interview the candidates, and submit a recommendation to the

Commissioners.  The Commissioners’ will then accept or reject the recommendation.

AREA PLAN

White County Area Plan Director, Joe Rogers, presented the following rezoning request.

Rezoning Petition #990

Evelyn K. Kurtz is requesting to rezone 8.0 acres from and I-1 (Light Industrial) to an A-1 (General Agriculture).  The property is located at 6091 W. State Road 18, Brookston.

The Area Plan Commission held a public hearing on August 8, 2011.  The APC voted to recommend this rezoning petition to the Commissioners by a vote of 7 yes and 0 no.


Director Rogers said that it appears that this property was rezoned improperly the first time.  It appeared to him that the applicant attended for property surrounding this parcel to

be rezoned an I-1, not the dwelling itself.  He said that there was a mix up somewhere between the petitioner and the applicant.  When the eight acres was originally zoned, the

dwelling was rezoned, as well, and it shouldn’t have been.  A dwelling is not permitted to be zoned an I-1 and they want to put it back to an A-1.

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

Commissioner Burton made a motion to approve Rezoning Petition #990, rezoning 8.0 acres to an A-1 for property located at 6091 W. State Road 18, Brookston, seconded by

Commissioner Heimlich.  Vote:  Unanimous

AMENDMENT TO THE PRETRIAL DIVERSION PROGRAM AND FUND ORDINANCCE & THE DEFERRALL FUND ORDINANCE

White County Prosecutor, Robert Guy, said that effective July 1, 2011, the legislature is requiring all counties to have an ordinance in place if they have a deferral and diversion

program.  He said that White County has had an ordinance in effect since 1987, which was done by former Prosecutor Robert Mrzlack.  Modifications to the ordinance are necessary in

order to be in compliance with the new statute.  Mr. Guy presented an amendment to the current ordinance highlighting (in red) the additions as follows:

AMENDING ORDINANCE NO. COM-1-1987

AN ORDINANCE ESTABLISHING A PRETRIAL DEFERRAL AND DIVERSION PROGRAM AND FUND

WHEREAS, the Prosecuting Attorney of White County has the authority to establish  pretrial deferral and diversion programs which would allow the withholding of prosecution in certain cases; and
WHEREAS, the Statues of the State of Indiana allow a Prosecuting Attorney to withhold prosecution against an accused person if:
1.    The person is charged with an infraction or misdemeanor;
2.    The person agrees to condition of a pretrial deferral or diversion program offered by the Prosecuting Attorney; and
3.    The terms of the agreement are recorded in an instrument signed by the person and the Prosecuting Attorney and filed in the court in which the charge is pending; and
WHEREAS, the Statutes of the State of Indiana allow for the collection of a pretrial deferral or diversion program fee from an accused person; and
NOW THEREFORE, BE IT HEREBY ORDAINED BY THE COMMISSIONERS OF WHITE COUNTY, INDIANA:
1.    The Prosecuting Attorney of White County is hereby authorized and directed to establish a pretrial deferral and diversion program pursuant to I.C. 33-37-8-4
2.    The Clerk of White County shall collect from an accused person who agrees to the conditions of a pretrial deferral or diversion program (a) an initial user’s fee and (b) a monthly user’s fee for each month the person remains in the pretrial deferral or diversion program, (c) pauper counsel fees, (d) court costs; if the pretrial deferral or diversion agreement calls for the payment of such fees.
3.    All money collected by the Clerk as user’s fees shall be deposited in a pretrial deferral or diversion fund and may only be used as provided by Indiana law.
4.    Any money remaining in the funds at the end of the year do not revert to any other fund but shall continue in the pretrial deferral or diversion fund.
5.    This Ordinance shall be in full force and effect from and after its due publication as require by law and passage of the Commissioners of White County, Indiana.
·    Commissioner Burton made a motion to approve Ordinance No. 11-08-22-03 amending Ordinance No. COMM-1-1987, Establishing a Pretrial Diversion Program and Fund, seconded by Commissioner Heimlich.  Vote:  Unanimous

QUOTES FOR A NEW FIRE PUMP
Commissioner Burton said that on May 2, 2011, the Commissioners were presented with a quote from Brenneco Fire Protection for a new fire pump in the Courthouse.  At that time, the Commissioners decided to request quotes from other vendors for the following work: 

1.  Replace existing fire pump with equivalent make and model.
2.  Replace existing fire pump controller with equivalent make and model.
3.  Material and labor to reconnect all fire sprinklers related piping.
4.  Material and labor for all necessary electrical work related to replacing fire pump and
controller.
5.  Material and labor necessary to conduct a five-year inspection on all check valves to
verify that all components operate correctly, move freely, and are in good condition
(Reference NFPA-25 13.4.2.1).
6.  All work to be done during normal business hours.

Commissioner Burton presented quotes from the following for replacing the fire pump:

Brenneco Fire Protection, Flora, IN                $31,960.00
B&R Fire Protection, Inc., Crawfordsville, IN    $33,000.00

Commissioner Burton also requested quotes to resolve some issues that were discovered during the fire sprinkler system inspection in 2010.   The additional work is as follows:

1.  Reinstall two sprinklers in basement pump room and north mechanical room.
2.  Install test orifice and pipe inspector’s test to drain.
3.  Pip main drain to a suitable discharge location.
4.  Conduct flow test on standpipe system.
5.  Conduct the five-year internal inspection on one wet sprinkler system.

This work was also quoted out and quotes were received from the following:

Brenneco Fire Protection,             $  2,520.00
B&R Fire Protection, Inc.,             $  3,400.00

Commissioner Burton said that a third fire protection company was contacted but they never responded.

·    Commissioner Burton made a motion to approve the lowest quote from Brenneco Fire Protection for a new fire pump at $31,960.00, and $2,520.00 for additional work as presented, seconded by Commissioner Heimlich.  Vote:  Unanimous

WHITE COUNTY TOURISM AUTHORITY BOARD
·    Commissioner Burton made a motion to appoint John Heimlich as temporary interim to the White County Tourism Development Board as Ronald Schmierer’s replacement, seconded by Commissioner Heimlich.  Vote:  Unanimous

At this time, White County Council President, Denny Carter, called the Council members to order in joint session with the Commissioners.  Council members present were:

President Denny Carter        Gary Hendryx        Denny Cain
Raymond “Butch” Kramer        Jim Annis        Bruce Clear
Kevin “Casey” Crabb

COMMISSIONER RONALD SCHMIERER
Commissioner Heimlich took a moment during the joint meeting with the Council to discuss their loss of a friend and colleague, Commissioner Ronald Schmierer, on Saturday, August 13, 2011.  He discussed serving with Commissioner Schmierer for fifteen years.  He said that Commissioner Schmierer was a dedicated public servant who took his job seriously.  His input and contribution to this board is going to be missed.  Commissioner Heimlich thanked Ron for his years of service and said that he will not be forgotten.

Commissioner Burton said that in respect to Ron they will continue to use his name because of the knowledge and input that he has left behind. 

ENVIRONMENTAL REPORT
White County Environmental Officer, Jim Reynolds, presented the Environmental Report for July 2011.

·    39 complaints on tall grass, weeds, abandoned homes, junk vehicles, etc.
·    Mailed out 4 abatement letters
·    Prisoners mowed 3 vacant properties
·    Mailed out 5 letters for payment on yard clean-ups
·    Made 13 Landfill inspections
·    Liberty Landfill tonnage for July:  98,757.52
·    5 inspections at transfer station
·    Attended HazMat training, and Sig 33 meeting


BUILDING INSPECTOR
Building Inspector, Dave Anderson, reported that there were 51 permits issued last month; 2 were for new houses.  The number of houses built in 2010 was 26, 2009 there were 25 and this year to date there are 23.

ECONOMIC DEVELOPMENT
Connie Neininger, Director, presented the Director’s Report for July 2011.

·    Girtz Manufacturing is expanding.
·    Jordan Manufacturing is expanding.
·    PWRTC purchasing Buffalo Elementary School.
·    Networking breakfast held on August 19 had 44 attendees.
·    Working with Ivy Tech and TL School on a welding program for local industries.
·    Vanguard National Trailer is now up to 420 employees and still hiring.

CONSIDERATION OF VIDEO GRANT FOR THE WHITE COUNTY SCHOOLS
Commissioner Heimlich discussed the request that was presented to the Commissioners on July 18, 2011, from the White County schools for the video grant.

Representatives from all of the county schools, including Wabash Valley, spoke about the benefits of have the video conferencing.  Some of the benefits mentioned were:

Virtual field trips;
Remote class rooms between the schools;
Continuing education for other community members; doctors and agriculture;
Communicate with other schools across the world;
Round-Robin reading programs;

Councilman Clear asked if there was going to be recurring cost for the video grant that the county would have to pay or is this a one-time request.  Dr. Fletcher, Twin Lakes School Superintendent, said that they will have recurring cost, but they will not be asking the county for any additional funds. 

The total budget for this project is $472,991, and the grant will be for $314,180, with $158,111 required for the matching funds. 

Commissioner Heimlich feels that this request of funds is something that he feels comfortable paying out of the Economic Development fund.  Often enough manufactures in our county are always discussing the need for a better educated work force.   He said he has always disagreed with bussing students around to other schools and now this program will eliminate all of that and accomplish the same thing.

·    Commissioner Burton made a motion to approve the request from the White County schools for the county to provide the local matching funds required for the video conferencing network grant, seconded by Commissioner Heimlich.  Vote:  Unanimous

·    Councilman Bruce Clear made a motion to pay $158,111.00 for the matching funds required for the video conferencing network grant for the White County schools, seconded by Councilman Kramer.  Vote:  Unanimous

TAX ANTICIPATION WARRANTS
Commissioner Heimlich discussed the issue of the tax anticipation warrants that Shannon Mattox, North White School Board President, has brought before the Commissioners and Council awhile back. 

Councilman Bruce Clear said that having four different school corporations in the county could put the Council in a very bad situation.  He worried that one day all of the county schools could appear and request to borrow funds at the same time. 

Commissioner Heimlich felt that the request to borrow the funds from the county is a little beyond their reach at this point.

Councilman Kramer said that he was in favor of this at the beginning, but now that they have had to make some quick financial decisions, and knowing that the county had the money, he is now not in favor of lending the money out.

The Commissioners and Council all agreed that this was not something that the county wanted to get involved with at this time.

HORIZON WIND ENERGY
Connie Neininger, Economic Development Director, requested from the Council an extension to the Economic Development Agreement for Phase 5 to extend the starting date from September 1, 2011, to September 1, 2012 and the completion date from December 31, 2012, to December 31, 2013.

·    Councilman Kramer made a motion to approve the extension on the Economic Development Agreement for Phase 5 for the starting date from September 1, 2011, to September 1, 2012, and the completion date from December 31, 2012, to December 31, 2013, seconded by Councilman Crabb  Vote:  Unanimous

OPERATION PULL-OVER GRANT APPLICATION
Ray Franko, Sheriff’s Dept., submitted the grant application for the Operation Pull-Over program to the Commissioners for their approval.  The grant will be effective 10/1/2011 thru 9/30/2012.  The amount of the grant is $10,000.

·    Commissioner Burton made a motion to approve the submittal of the Operation Pull-Over grant application from the White County Sheriff’s Department for 2011-2012, seconded by Commissioner Heimlich.  Vote:  Unanimous

WHITE COUNTY PRECINCT BOUNDARIES
White County Clerk, Paula Lantz, presented a map to the Commissioners of the three precincts (Liberty, Monon, and Princeton) that they are considering to be individual precincts.  She said that she would need to provide the State with the map, census blocks and an order signed off by the Commissioners.

White County Voter Registration Clerk, Mary Reid, called several townships to see what their feelings were to the change.  Mary said that she spoke with people who have worked with the voters for the last ten years.  Their responses were:

Princeton 1 & 2     Currently being held at the Wolcott Town Hall.   Linda Bajazatt was in favor of combining the districts and recommended that they go from the Wolcott Town Hall to the Wolcott Park Community Center.  Facility is larger and ADA compliant.

Liberty 1 & 2    Liberty 2 is held at the Sitka Baptist Church.  The stairs are very difficult for voters with disabilities.  Would move Liberty 2 to Buffalo Fire House – Mary spoke with three inspectors.    Liberty 1 felt that it would be more efficient with parking to move everything to Buffalo Elementary but the voting center still be held at the Buffalo Fire House.  Inspectors felt confident that this was adequate enough to hold all of the voters.

Monon 1, 2 & 3     Monon 1 is held at the firehouse, Monon 2 at the North White High School and Monon 3 at the Baptist church.   If these are combined, the voting center would be located at the North White High School.  Steve Birch felt that the high school would be the only facility in Monon that could hold the volume of voters and be in compliant.




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







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







ATTEST:  _________________________
Jill Guingrich, Auditor