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BE IT REMEMBERED, that the White County Board of Commissioners held a regular meeting on September 19, 2011, at the White County Building, Commissioners’ Conference room, 2nd floor, beginning at 8:00 a.m.

Commissioners present were:  President John C. Heimlich, Vice President Steve Burton, and Commissioner Dave Diener.  Also present were:  Auditor Jill Guingrich, White County Attorney George Loy, and Commissioners’ Secretary Donya Tirpak.

Commissioner Heimlich called the meeting to order.

·    Commissioner Burton made a motion to approve the minutes from the regular meeting on September 6, 2011, seconded by Commissioner Heimlich.  Vote:  Unanimous

·    Commissioner Burton made a motion to approve the payroll as presented for September 19, 2011, seconded by Commissioner Diener.  Vote:  Unanimous

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

Commissioner Diener made the recommendation that a minimum cost amount be set on the claims before they are submitted for payment.  He noticed a couple of claims that were submitted for $3 to $4 dollars and pointed out that the cost to the department to process the claim/check is probably more to the county.  He suggested holding invoices until the balance due is around $20 or more.

Dan Kirk, 2509 S. Airport Road, Monticello, appeared before the commissioners to make them aware of a complaint that he has with the Assessor’s office.

Mr. Kirk stated that he received an assessment notice in Feb/March 2010 from the Assessor’s office saying that his assessed value on his property increased 40%.  In that notice, he had until April 26, 2010, to file an appeal.

Mr. Kirk filed for an appeal and was told by Mr. Potts that he would be called to appear before the Appeal’s Board in June 2010.  In June, he was told that he would receive a call in August, and in August, he was told that he would receive a call in October.  In October, he was told that everything would be wrapped-up in January 2011.  In November 2010, Mr. Kirk said that he received a phone call from the Secretary asking if he would accept an 8% reduction; he refused.  Since then, Mr. Kirk has checked in with the department about three or four times to see when he will be called to make his appeal before the board. 

Mr. Kirk said that this has been going on for 1 ½ years now and he still has no idea when he may be able to appear before the board. 

Commissioner Heimlich said that this was not acceptable and he is familiar with other appeals that are ongoing and on hold.  He asked what the Assessor’s excuse was as to why it is taking so long.  Mr. Kirk said that he was told that they deal with nine other counties and that’s why it takes so long.

Mr. Kirk said that he is getting nowhere with the Assessor’s office and asked the commissioners to please look into the problem.

Jerry Hennessy, AMCO Elevators representative, appeared before the commissioners to answer their questions on the maintenance contract that the county has for the elevators.

Commissioner Burton said that he understands the $828.26 monthly maintenance contract cost when the elevators were 14 years old, but doesn’t understand why we are still paying this amount since the elevators have been refurbished.  He asked why the high monthly fee is necessary every month if the quality of work is not needed with the new equipment.

Mr. Hennessy recommended the county should continue to maintain the heavily used equipment.  He said that the monthly contract is the full maintenance contract, but some people do maintain it less and this is something that he can discuss.  He explained that there are two types of maintenance contracts available:  the full maintenance contract and an oil/grease contract.  The oil/grease contract just allows the maintenance crew to come in and perform preventative maintenance checks; which, is looking for wear and tear, lubricate and clean.   Full maintenance provides preventative maintenance checks, provides adjustments, warrants all the parts, and covers all wear and tear.  No additional cost will be billed to the county for these things.

White County Attorney George Loy updated the commissioners on the history of the elevators.   He said that the original renovation project on the elevators was done in 2008, for $178,000, which provided 12 months of service.  He also stated that since a new maintenance contract was not written up, the county is still working off the maintenance contract from 1995.

Commissioner Burton said that he struggles with the cost of the monthly maintenance agreement for newer equipment; regardless, of what the cost of replacing the boards would be.   Mr. Hennessy does agree that the maintenance contract is most likely on the higher-end since it has been in effect since 1995.  He said that he isn’t opposed to going back and re-estimating the contract by making some adjustments. 

Commissioner Heimlich presented the following change orders for the 6th Street Construction project:

Change Order #20        Center Curb            $51,481.04
This item was not included in the original bid items.  The item was shown on the plans but not shown in the pay items.

Change Order #21        Parking Bumpers            $1,199.80
This item is being added as a safety measure in Owens’ parking lot.  These parking bumpers will prevent traffic from driving off the curb onto live traffic on Sixth Street.

·    Commissioner Burton made a motion to approve Change Order #20 and #21 for the Sixth Street project as presented, seconded by Commissioner Diener.  Vote:  Unanimous

Joe Rogers, Director, presented the following rezoning petition to the commissioners.

Rezoning Petition #992
Otto & Donna Wuethrich are requesting to rezone 80 acres from an A-1 (General Agriculture) to an A-2 (Agricultural Industry).  The purpose of the request is to be able to construct a confined feeding operation at the site.  The property is located on CR 200W, ¼ mile north of CR 900N.

The Area Plan Commission properly advertised and held a public hearing on September 13, 2011, about this request.    At that time, the APC voted to recommend this rezoning request to the commissioners by a vote of 8 yes and 2 no.

Director Joe Rogers said that in an effort to identify how the site would have to be constructed in order to be in compliance with the developmental standards of the county zoning ordinance, Mr. Rogers thought it would be in the best interest to form a technical review committee.  The committee consisted of board members of the APC and Greg Bossear.  He felt this was necessary because of his lack of knowledge in agriculture and knowing what to look for, besides specification standards, and to assure that when the petition came to the board that it would be in compliance.  The purpose of the meeting was to assure that the plans would comply with the developmental standards.

Commissioner Diener pointed out the plans were not necessary for this rezoning request.  He said that a rezoning from an A-1 to an A-2 zoning does allow a confined feeding operation.  He asked Mr. Rogers to verify that this applicant provided the APC more information, more technical information, and more specific information then what normally would be received on a rezoning request.  Mr. Rogers said that this is correct.

Commissioner Heimlich asked if there were any other further questions from the Commissioners.  There was no response.

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

Mr. Joel Putt, petitioner, appeared and introduced his father, Brian Putt, and also their livestock engineer, Mr. Mike Veenhuizen.

Mr. Veenhuizen, Live Stock Engineering Solutions, stated that Mr. Joel Putt is requesting to build a two building animal feeding operation which will be permitted to hold 4,620 animals per building.  Mr. Veenhuizen stated that each of the buildings are pig production buildings, self contained and power ventilated barns. He stated that some of the issues that they are sincerely interested in and are concerned with are the manure handling, manure storage, ventilation, and local impacts on the community.  He understands that odor omissions are a concern to the community, so they have taken into consideration a wooded lot to provide a visual screening and a physical filtering.

Robert Malchow, 765 W 900 N, Monon, appeared to discuss his opposition about the pig factory on behalf of the concerned citizens of the Monon community.  Mr. Malchow presented a written statement asking the Commissioners to table the rezoning request for 60 days.  A copy of the letter, opposing the request, will be kept on file in the Area Plan Department.

Dave Zellwinger, Francessville, said that he has been a neighbor of the Putt family for the past 18 years.  Mr. Zellwinger expressed that Joel Putt is one of the brightest and best leaders in their community and he is very disappointed to see the community so against him.  He said that Joel and the family are very good stewards of the land and they will do a good job taking care of it.

Commissioner Heimlich said that there have been several issues about the environment and explained that the commissioners really don’t have anything to do with this.  These are issues that will be dealt with, at a later date, by IDEM.  He also explained that when they apply for a building permit, they will also need to comply with a drainage plan.

Commissioner Heimlich announced the comments from the public are now closed.

·    Commissioner Diener made a motion to approve Rezoning Request #991 rezoning 80 acres from an A-1 to an A-2 for Otto & Donna Wuethrich for property located at CR 200 W, ¼ mile north of CR 900 N, seconded by Commissioner Burton.  Vote:  Unanimous

This request has been continued by the attorney’s representing Liberty Township’s petition and will be re-advertised for another date.

White County Attorney George Loy announced that the Highway bids were opened and taken under advisement for review at the last meeting.  The following bids were received:

Hill Truck Sales, Inc., South Bend, IN                    $68,975.00
Palmer Trucks, Indianapolis, IN                        $81,332.00
Truck City of Gary, Gary, IN                          $74,299.00
Wiers International Trucks, Plymouth, IN                       $67,600.00

White County Highway Superintendent, Steve Brooke, made the recommendation to the commissioners to reject three bids and to accept the highest bid from Palmer Trucks of Indianapolis. 

Mr. Brooke explained why the three bids did not meet the specifications as follows:

Wiers International Trucks, Plymouth, IN – Was the lowest bid and was rejected because they did not meet the specifications on the size of the engine.  The specifications asked for a 506 cu. inch engine and Wiers International Trucks quoted a 446 cu. inch engine.

Hill Truck Sales and Truck City of Gary – Was the second and third lowest bids but were also rejected because the specifications requested a 5 or 6 speed transmissions with a 2 speed axle.  Both of these bids quoted a 9 or 10 speed transmission.

Attorney Loy reminded the Commissioners that they could accept the highest bid at this time, or they could deny all bids and re-advertise.

·    Commissioner Burton made a motion to accept the Highway Superintendent’s recommendation and accept the bid from Palmer Trucks of Indianapolis for $81,332.00 per truck, seconded by Commissioner Diener.  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

Terri Conwell, E-911 Director, appeared and presented the White County Communications/E911 report for September 2011.  Terri reported that they are fully staffed right now with one part-time employee

During the months of June, July and August their landline 911 vs wireless 911 call statistics are as follows:
Landline        Wireless
June           309           843
July           312           790
August           298           844

White County Building Inspector Dave Anderson reported that there were 44 permits issued last month, three were for new houses.  Over the past ten years, permits for manufactured homes are now at a high of 31%. 

Mr. Anderson said that FEMA has updated their flood maps throughout the state and they will be holding a public hearing on October 11 at the courthouse.

Environmental Officer Jim Reynolds presented the Environmental Report for September 2011.  Mr. Reynolds said that things are slowing down and also reported the following:

·    Received 19 complaints on various issues from tall grass, weeds, abandoned homes, and junk vehicles.
·    Impounded two abandoned vehicles.
·    Mailed out one certified abatement letter.

·    Responded to one diesel spill.
·    Made 9 landfill inspections and inspected the transfer station five times.

White County Recycling Director, Dawn Girard, reported that as of the end of August, their receipts for collections are up $51,504.00, and the tonnage collection is up to 171,927 lbs.

Glenn Luedtke, SRI, discussed the tax sale that was recently held for the county.   Out of the 600-700 properties that were put on the tax sale, we now have around 83 that did not sale.  He explained that properties that do not sale, the commissioners automatically receive the tax certificate where a lien was not sold.  At this point, the commissioners have options on what to do with the property.

Mr. Luedtke said that the commissioners can hold a commissioners’ certificate sale.  He explained that this requires a written resolution, lower the price to a more marketable price and then advertise them to the public.  After a 30 day waiting period an auction will be held.  The difference between a commissioners’ certificate sale and a county tax sale is redemption period is 120 days and minimum bids are reduced.  The difference between the minimum bid that you receive and what the original taxes are owed will be waived off.  The benefit of doing a commissioners’ certificate sale is to get the property back on the tax roll as quickly as possible.  When people buy these certificates, the tax liens to these properties will be free and clear of all liens with the exception of the IRS lien. 

Mr. Luedtke said that SRI will be paid according to the type of sale.  If they do a live sale, SRI’s fee is 15% of what the sale brings and if it is an Internet sale, they will collect 10%.

Live sale – Commissioners shall sell the tax certificate, subject to the right of redemption, to the highest bidder at public auction.

Internet sale – County Treasurer to provide access to sale by providing computer terminals open to public at designated location.  Treasurer may receive electronic payments and establish rules necessary to secure payments.

Another option would be the county acquiring the proper in the county’s name.  If there are any properties that would be of interest to the county, something that might be of use to the community, the county would do a title search, send out notification, and petition for the tax deed.  This process needs to be started right away.

If the city would have any interest in any of the properties, the county would write up a resolution along with the City Council, transferring the certificate over to them.  They would also have to do a title search, send out notification and petition for the tax deed.

Attorney George Loy said that he thinks the Twin Lakes Regional Sewer District liens would also stay in place with the new property owner, along with the IRS lien.  Commissioner Diener said that if the TLRSD liens do prevail, no one will ever pay the fees that have accumulated over the years.  He suggested that the county make some type of arrangement with the TLRSD where they would have to waive these fees at some point in a tax sale process.

Mr. Luedtke explained that property owners do have the right to redeem their property on a certificate sale.  They would have to pay the minimum bid amount the property was last offered at county tax sale; 10% of amount for which the tax certificate sold at commissioners’ sale; attorney’s fees and costs of giving notice; costs of title search; all taxes and special assessments paid by buyer after sale plus 10% interest per annum; and all costs of sale, advertising costs, and other expenses of the county directly attributable to the sale.

Commissioner Heimlich suggests putting this discussion on the agenda for the next meeting which will give Attorney Loy time to research the liens from the TLRSD.  He also asked Bill Heiny to provide a list of properties that aren’t usable.

Joe Crivello, Festival Chairman, and Ingrid Landis, Monticello Business Alliance, appeared before the commissioners and councilman giving a power point presentation on the White County Fall Festival that will be held September 29 thru October 2.  Kean MacOwen was also present displaying the Facebook page that he has put together.

Ms. Landis highlighted the Friday night events that the Monticello Business Alliance has put together.  They will be having four bands from Nashville, Tennessee, perform in the Beer Garden on Main Street.

Richard Westerhouse, Board member on the Emergency Management Advisory Council, appeared before the Commissioners to give their recommendation on the new Director for the EMA department.

Mr. Westerhouse said that they did advertise and interview candidates for the Director’s position.  He said the Emergency Management Advisory Council would like to recommend the appointment of Dean Mullins as the Director effective September 30, 2011. 

·    Commissioner Burton made a motion to accept the recommendation from the Emergency Management Advisory Council and appoint Dean Mullins as the new EMA Director effective September 30, 2011, seconded by Commissioner Diener.  Vote:  Unanimous

Mr. Westerhouse said that it is listed in their by-laws that Mr. Mullins may select his assistant for the department.  Mr. Mullins has selected Roberta Yerk and Mr. Westerhouse asked the commissioners for their approval.  He said that Roberta Yerk is familiar with the position and she has been a volunteer since 2004.  PERMISSION GRANTED

The commissioners thanked Rose Brady for her years of service to the Emergency Management department.

At this time, the council members adjourned to their own meeting.

·    Commissioner Heimlich made a motion to appoint Steve Burton to the E-911 board to fill the unexpired term of Ron Schmierer, seconded by Commissioner Diener.  Vote:  Unanimous

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

__________________________          _____________________________      _______________________
John C. Heimlich, President                 Steve Burton, Vice President                  Dave Diener, Member

ATTEST:  _________________________
Jill Guingrich, Auditor