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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Tuesday, January 17, 2012, at the White County Building, Commissioners’ Conference room, beginning at 8:00 a.m.

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


  • Commissioner Burton made a motion to approve the minutes as presented from the regular meeting on January 3, 2012, seconded by Commissioner Diener. Vote: Unanimous


  • Commissioner Burton made a motion to approve the payroll as presented, seconded by Commissioner Diener. Vote: Unanimous


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


Commissioner Heimlich said that since the last discussion of the vehicle compensation for tax purposes, new information has been brought to his attention making more vehicles exempt from the IRS.

Commissioner Heimlich said that the vehicles from the Highway Department and the Emergency Management Department would be exempt because they are required to commute in the vehicle for the benefit of the county, not for the benefit of the employee. Documentation from the IRS’s website verified that these departments fall under the “bona fide noncompensatory business reason”. Listed below are the examples:

  • The car, though unmarked, was outfitted with communications or other equipment the employee would need if on call 24 hours a day.

  • An employee in the field, who would otherwise have to return to the workplace before going home, might be able to work longer if allowed to commute in an employer-provided vehicle. It is not enough for the employer to simply state that it requires employees to commute in employer-owned vehicles.

Attorney Loy discussed the following positions having county vehicles:

Sheriff, Sheriff Deputies, Sheriff’s Merit Deputies, Community Corrections, Surveyor, Environmental Officer, Building Inspector, County Health Department Inspector (Sanitarian) , Recycling Director, Recycling Director’s Assistant, Highway Superintendent, Highway Superintendent’ Assistant, Prosecutor’s Investigator, Emergency Management Director, Emergency Management’s Assistant, and Corner.

After a short discussion, they determined that all of the positions with vehicles would be exempt. Attorney Loy said that he will write up an amended ordinance with all of the IRS rules for exemptions that apply to these positions.


EMA Director, Dean Mullens, presented an ordinance addressing local disaster emergency declarations and travel advisory procedures. By adopting this ordinance we will comply with revisions to the State’s Emergency Declaration and Travel Advisories that took effect July 1. This ordinance is mainly for snow emergencies unless the commissioners’ would declare it for something else.




ORDINANCE NO 12-01-17-01


WHEREAS, it is the intent of the Board of Commissioners of White County (“Board”) to protect the health and well-being of our citizens, to keep residents informed of significant weather related county road conditions, to facilitate the passage of essential emergency vehicles on county roads and highways in times of weather emergencies by minimizing the number of stalled and abandoned vehicles, to assist the county highway department in clearing the county roadways by eliminating stranded vehicles and to amend the existing ordinance in view of the enactment of I.C. 10-14-3-29.5; and

WHEREAS, under I.C. 10-14-3-29, it is the duty of the principal executive officer of each Indiana political subdivision to determine when it shall become necessary to declare a local disaster emergency for said political subdivision to activate the response and recovery aspects of all applicable disaster emergency plans, to authorize the furnishing of aid and assistance under such plans and to issue any necessary local travel advisories in accordance with I.C. 10-14-3-29.5.

NOW, THEREFORE, BE IT HEREBY ORDAINED by the White County Board of Commissioners that:

Section 1. Title:

This ordinance shall be known as the Local Disaster Emergency Declaration Ordinance of White County, Indiana and shall apply to all roads, highways or right-of-way maintained by the county highway department (“Roads”). The mandatory provisions of the ordinance and of any Local Disaster Emergency issued pursuant to the ordinance, including the prohibitions on travel and the penalties for violating those prohibitions shall not apply to streets maintained by a city or town within the county nor to a state highway maintained by the Indiana Department of Transportation nor to a federal interstate highway situated within the county.

Section 2. Procedure:

The Board, after consultation with:

a. The County Emergency Management Advisory Council;

b. County Sheriff;

c. County Emergency Management/Homeland Security Director; and

d. County Highway Superintendent,

if available, or the respective representative designated by each as the person to consult in his/her absence for the purpose of recommending a declaration of local disaster emergency, may declare a local disaster emergency which may also contain a “warning level” travel advisory by executive order when, in the Board’s judgment, by majority rule, such order would be appropriate under I.C. 10-14-3-29 and in the best interest of the public safety and welfare of the residents of White County.

If only one member of the Board is available to sign the declaration of local disaster emergency, he/she can declare a local disaster emergency if he or she has obtained and documented the verbal or written concurrence of at least one other board member.

If, with or without the issuance of a declaration of local disaster emergency, the Board or the Emergency Management Agency Director determines that conditions require an “Advisory” or “Watch” level of travel advisory, the Board, by majority rule, or the Emergency Management Agency Director, upon written notice to the Board may issue and “advisory” or a “watch” travel advisory.

Pursuant to I.C. 10-14-3-29.5, a “warning” level travel advisory may be issued only after or as a part of a declaration of local disaster emergency. Such emergency shall continue in effect until the above mentioned Board members and/or Officials or their respective designees who declared the emergency thereafter determine an emergency no longer exists and terminate the emergency order.

The Board may declare a “warning” level travel advisor upon its determination that the conditions are appropriate for the issuance of a local disaster emergency under I.C. 10-14-3-29, and the further determination that the criteria set forth in Section 3, below, have been met:

Section 3. Local Travel Advisories:

A local travel advisory shall be declared in accordance with I.C. 10-14-3-29.5 and this ordinance. The purpose of a local travel advisory is to keep the residents of county, Indiana informed of the weather and county road conditions, and to assist the County Highway Department in the clearing of the county roadways by eliminating stranded vehicles.

3.1 Advisory Level Travel Advisory:

This level may be declared when routine travel or activities may be restricted in areas of the county because of a hazardous situation; citizens should use caution or avoid these areas. Schools and businesses may begin to implement their emergency action plans.

3.2 Watch Level Travel Advisory:

This level may be declared when conditions are threatening to the safety of the public. Only essential travel is recommended (i.e. to and from work, emergency situations, etc.) At this level, emergency action plans should be implemented by businesses, schools, government agencies and other organizations.

3.3 Warning Level Travel Advisory:

This level may be declared when roads have become impassable and the County Highway Department is not able to keep the roadways cleared due to extreme weather conditions such as a severe snow fall, high drifts or blizzard like conditions are present. Travel may be restricted to emergency management workers ONLY and essential emergency travel by members of the public as the Board may further direct, such as privately employed health care workers. Further restrictions that the Board deems necessary may be included within the local disaster declaration.

Section 4. Publication:

Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly in the office of the White County Clerk pursuant to I.C. 10-14-3-22(b)(2). Publication and broadcast of an Advisory, Watch or Warning Level Travel advisory shall be made or caused to be made by the Board or other officials designating the level of travel advisory using a press release to all law enforcement agencies fire departments, hospitals and news media in the county. The declaration shall be promptly forwarded to the Indiana Department of Homeland Security and shall be kept on file by the White County Emergency Management Agency/Department of Homeland Security, White County Clerk and Auditor.

Section 5. Exemptions:

Vehicles which shall be exempt from the travel and parking restrictions imposed in a travel advisory pursuant to this ordinance shall include medical assistance, law enforcement, fire department, emergency management, public utility, and fuel hauling vehicles, and employees of any of the above exempt services, if engaged in performing their respective duties. Any other vehicles violating this ordinance or any of the parking restrictions contained in local declaration of disaster emergency or a “warning” travel advisory are subject to removal by towing or other means at the expense of the owner of the vehicle, when such towing and/or removal is deemed necessary by a duly authorized representative of any one or more of the following: the county Highway Department, the County Sheriff’s Department, a State Conservation Officer, or the Indiana State Police.

Section 6. Penalties:

Any persons violating any provisions of this ordinance or the vehicle use or parking restrictions contained in a local declaration of disaster emergency or a “warning” travel advisory shall be guilty of the commission of an infraction and may be fined any sum not to exceed $100.00 and such shall be enforceable in the White County Superior Court of law, and in addition to such fine the court shall be authorized to direct the violator to repay the county any monetary losses or expenses incurred in the incident.

Section 7. Effectiveness:

This ordinance shall be effective immediately upon passage and repeals any prior local disaster emergency ordinance.

  • Commissioner Diener made a motion to adopt Ordinance 12-01-17-01 addressing local disaster emergency declarations and travel advisories for White County, seconded by Commissioner Burton. Vote: Unanimous


EMA Director Mullens discussed a 2006 United Trailer that was purchased for EMA by the Local Emergency Public Committee (LEPC) and Liberty Township. The trailer was bought to store and haul hazmat equipment. As far as he knows, the trailer has never been moved or used. The trailer has never been titled, plated or insured since it’s been purchased. The LEPC paid $3,500 and Liberty Township paid $485 to purchase the trailer. The Certificate of Origin has the White County Commissioners listed as the purchaser. Since the trailer has never been used, LEPC would like to have it back.

The Commissioners asked Director Mullens to find out why they want the trailer back and they will discuss it at a later date.


Director Joe Rogers presented the following rezoning request:

Rezoning Petition #996-999

McWilliams Construction, Perry McWilliams, is requesting to rezone twenty feet off of the entire West side of Lot Number F; Lot Number G, fifty feet of even width off the entire East side of Lot Number H, Forty feet off of the East side of Lot Number F, Plat A in O’Connor’s Riverside Addition in Union Township, White County, Indiana. This area is more commonly known as 439, 447, 453 & 457 E. Lakeside Drive, Monticello, Indiana. He is requesting to rezone the property from an R-2 (Single and Two-Family Residential) to L-1 (Lake District).

A public hearing was held by the Area Plan Commission on Monday, January 9, 2012, on this request. At that time the APC made the recommendation to the Commissioners to approve the rezoning by a vote of 8 yes and 0 no.

Director Rogers presented two letters objecting the rezoning request and saying that there was one person at the public hearing that also objected. The commissioners discussed the issues from the letters objecting the rezoning.

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

  • Commissioner Diener made a motion to approve Rezoning Petition #996-999, rezoning 439, 447, 453 & 457 E. Lakeside Drive, Monticello, from an R-2 to an L-1 for McWilliams Construction, seconded by Commissioner Burton. Vote: Unanimous


Joe Rogers, Area Plan Director, felt that the current ordinance covering the 911 addressing lacked direction on how and who should assign addresses and street names. He said that he would be comfortable if the commissioners would update and amend the ordinance that meets the criteria.

Mr. Rogers asked if this should be done within or outside of the zoning ordinance. He would prefer that it be in the zoning ordinance.

  • Commissioner Diener made a motion to grant the Area Plan Department authority to add to their policy and regulations of street naming and numbering and abandon Ordinance 05-10-03-01 which covers Road Numbering, seconded by Commissioner Burton. 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


White County Building Inspector, Dave Anderson, reported that there were only seventeen permits issued last month. He said that this was the second time in eleven years that we have had no new home permits issued. Mr. Anderson presented his yearly report.


White County E-911 Director, Terri Brooks, reported that the full-time employee that she hired in September 2011 has just resigned. Terri discussed that the funding for her department is a real issue right now. She discussed the amount of wireless 911 calls that they received compared to landline 911 calls. Terri also presented her 2011 annual year report.


Council and Aging Director, Gale Spry, presented the 2011 yearly report. The number of passenger boarding’s have increased by 462. They have traveled 4,250 more miles but only increased the fuel by 25 more gallons. The donations by the passengers for 2011 were up by $7,000 and the expenses were up by $7,000, compared to 2010.


White County Recycling Director, Dawn Girard, presented the 2011 annual report.


White County Environmental Officer, Jim Reynolds, reported that he had eleven complaints last month on trashy properties, assisted another department six times on other calls, made eleven landfill inspections, and four inspections at the transfer station. Mr. Reynolds said that he is also training for some of the Health Sanitarian responsibilities.

Mr. Reynolds said that he has contacted the owner of the old hospital and IDEM regarding chemicals that were found on the property.


Economic Development Director, Connie Neininger, presented her monthly Director’s Report. The Economic Development Annual meeting will be held on Friday, February 24.

  • Connie is currently working with Ivy Tech on a new program called “Advancing Manufacturing”.
  • Working with St. Joseph College on the “look out point”.
  • Will be submitting the Wolcott Corridor on the next Shovel Ready Application.
  • Leadership White County kicks off next week.
  • WISER forum will be held at the Lafayette Ivy Tech location discussing compressed natural gas for fleets.
  • China visitors will be coming back into Monticello in April.
  • Economic Development board members are still contacting local businesses.
  • EnXo Wind is holding a land owners meeting/dinner and still progressing on their project.


Commissioner Heimlich took a moment to explain that at the beginning of the Ivy Tech Building Project, all funding was handled through the Economic Development office. Currently, the building project fund is still open with a balance of $6,431.45. The main reason why this account was never closed out was because the hospital had made a pledge that was never paid.

The hospital now wants to donate a house and a lot, north of the Ivy Tech building, as their pledge. Commissioner Heimlich said that they have decided that this property should come to the county and be part of the Ivy Tech property that the county owns. This could be future office space or parking for the Ivy Tech building. A resolution is being put together by the county attorney for this donation and it will also say that this would fulfill the hospital’s pledge for the Ivy Tech Project.


Commissioner Heimlich reminded everyone about the $200,000 Revolving Loan Grant given to the Economic Development organization in 2008 from White County REMC. At the time, those funds were used to pay for the technology equipment in the Ivy Tech building.

Commissioner Heimlich said that there is still a balance of $40,000 on the grant because they were waiting on the pledge money from the hospital. Now that the pledge has been fulfilled, the county needs to make sure that the $40,000 is paid back to the Economic Development organization so they can pay off the grant. Commissioner Heimlich proposed to the Council that they close out the Ivy Tech project fund and use the balance of $6,431.45 along with an appropriation of $33,568.55 to pay-off the EDO.


Commissioner Heimlich explained that in the beginning of the Wolcott Corridor project invoices were paid by the Economic Development organization because the grant funds were not available at the time. Now that there is a fund set up for this project with money available, he proposed to the Council to reimburse the Economic Development Organization. The amount to be reimbursed is $16,854.73.


Lisa Downey, Assessor, appeared before the commissioners and council to request appointments on the 2012 Property Tax Board of Appeals.

The Commissioners appointments are:

Judy Bertram, Freeholder and Certified Appraiser Level II and Larry Culp, Freeholder.

The Councils appointments are:

Kay Kiser, Freeholder, and Megan Tribbett, Certified Appraiser Level II

Mrs. Downey said that she did receive permission from the State to have one employee, Megan Tribbett, on the board. She has decided to appoint her instead of Phyl Olinger, Indiana Assessments, because they want to charge $175/hour plus prep time to sit on the board.

  • Commissioner Diener made a motion to reappoint Judy Bertram as the Freeholder and Certified Appraiser Level II, and Larry Culp as the Freeholder to the PTBOA for 2012, seconded by Commissioner Burton. Vote: Unanimous

Council President Dennis Carter said that they will make their appointment in their meeting when they adjourn from the Commissioners.


Glen Luedtke, SRI Representative, discussed the State now requiring each county to send out a pink form to homestead property owners requesting personal identification for the county to verify that they are eligible to receive the credit. For the past three years, White County has been sending out the pink form with the tax bills and a lot of them have been returned.

Mr. Luedtke said that SRI Consulting does provide a service to county’s where they will come in and research all forms returned by homestead filings. They will investigate each filing and verify that they are eligible. If the homestead deductions are unlawful, SRI will send out demand notices to collect illegally claimed homestead deduction monies. For every unlawful homestead record that the County collects statutory taxes and penalties on, the County will pay thirty-percent (30%) of that amount to SRI.

  • Commissioner Diener made a motion to approve the contract with SRI to provide Homestead Verification Assistance for a one year term, seconded by Commissioner Burton. Vote: Unanimous


Glen Luedtke, SRI Representative, updated the commissioners’ and councilman on the Commissioners’ Sale. The sale will be done over the internet, which will run for two weeks. A demonstration will be given for county residents to come in and learn how to bid on the properties. The sale will take place in February.


Commissioner Heimlich announced that a letter of retirement has been submitted from the White County Highway Superintendent, Steve Brooke. Mr. Brooke served the county as Superintendent for the Highway Department for thirty-one years and ten years as a county employee. The commissioners are very thankful for Mr. Brooke’s 41 years of service to White County.

  • Commissioner Burton made a motion with regret to accept Steve Brooke’s letter of retirement effective February 1, 2012, seconded by Commissioner Diener. Vote: Unanimous

AT THIS TIME, the Council members adjourned to their own meeting.


  • Commissioner Diener made a motion to appoint Robert Gerber to the Wage Board Hearing for the Tri-County School project, seconded by Commissioner Burton. Vote: Unanimous


Commissioner Heimlich asked if the other commissioner’s had made any decisions on the office furniture proposals submitted from the Auditor. Discussion was made on the cost difference being $4,000 and the furniture not being the same. On the highest quote, the furniture was custom made to fit the space better and the lowest quote was remanufactured furniture. The commissioners would like to have a quote on office furniture that was exactly the same and also something that would work in other offices if it was every moved to another department.

The commissioners decided to research the bids and project a little more before their decision was made.

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

__________________________ _____________________________ _______________________

John C. Heimlich, President Steve Burton, Vice President David Diener, Member

ATTEST: _________________________

Jill Guingrich, Auditor