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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, February 6, 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.

MINUTES

  • Commissioner Burton made a motion to approve the minutes as presented from the regular meeting on January 17, 2012, seconded by Commissioner Diener. Vote: Unanimous

PAYROLL

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

CLAIMS

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

FILE CABINETS

The commissioners gave permission to their secretary to send notices to other government offices in White County, to see if they would have a need for used filing cabinets. We currently have a lot of them that aren’t being used anymore and they are taking up a lot of space in the basement.

CREDIT CARDS

Commissioner Burton said that he was contacted by the Sheriff’s Department, Ray Franko, requesting permission to get a credit card to purchase computer equipment over the internet. He said that he had thought that the county, at one time, established a policy for departments to have credit cards. He did check through the commissioners’ minutes, but found nothing.

Commissioner Burton proposed that we allow certain departments like the Sheriff’s Department or the Computer IT’s department, Eric Storm, to have a credit card to purchase certain items over the internet. He said that the credit cards need to be managed by the department head, paid from their budget, and not allowed to be used for traveling expenses and conferences.

Commissioner Diener asked if we were going to put the credit cards under certain individual names or will we put them under the department’s name and have certain individuals use the card.

White County Attorney George Loy said that he will take a look at what the City of Monticello has in place and write something up for the county.

APPOINTMENT – MONON PUBLIC LIBRARY

Jo Minnick, Library Director, submitted a letter to the commissioners stating that Steve Sparks has resigned his position on the library board. Mr. Sparks’ term expires on November 22, 2012. The Monon Library board made the recommendation to appoint Jennifer Annis to fill the unexpired term.

  • Commissioner Diener made a motion to appoint Jennifer Annis to fill the unexpired term of Steve Sparks to the Monon Town & Township Public Library board effective immediately and expiring on November 22, 2012, seconded by Commissioner Burton. Vote: Unanimous

CHANGE ORDER – FIRE PUMP

  • Commissioner Diener made a motion to approve the change order as presented for material and labor from Brenneco Fire Protection for $605.00, seconded by Commissioner Burton. Vote: Unanimous

RETIREMENT

  • Commissioner Diener made a motion to accept the letter of retirement from Linda Roy, Director of Community Corrections effective March 2, 2012, seconded by Commissioner Burton. Vote: Unanimous

OFFICE FURNITURE

Commissioner Burton said that he is reluctant because of the difference in the cost, but willing to approve the quote from Interior Concepts (Sharp School Services) for the office furniture in the Auditor’s office. Due to the circumstances of the room and the way that it is laid out, he is willing to see if it will work in that area. If it does work, then there will be a cost savings.

Commissioner Diener stated that the advantages of customize fitting furniture is that they will gain extra space in the department. He also said that there is quite a significant difference in price, but if you utilize every inch of the desk with the space, the price will not be too far off because it will have more room to work with.

  • Commissioner Burton made a motion to approve the bid for the customize furniture from Interior Concepts (Sharp School Services) for $13,500.00 for the Auditor’s office, seconded by Commissioner Diener. Vote: Unanimous

ENVIRONMENTAL MANAGEMENT SYSTEM UPGRADE – SHERIFF’S BUILDING

Terry Corso, Jail Commander, appeared before the commissioners to explain how the environmental management system (EMS) is a computer itemized system that senses the environment (temperature) in the White County Jail. This system was installed 15 years ago with the building and it is now starting to dilapidate.

Mr. Corso said that he is working with Jack Bauer, Corrections Officer, and Danny Brewer, Davis Industries, Inc., to see how they can get the system working properly without having to buy a new system. He presented a quote from Davis Industries detailing the upgrade of the HVAC KMC control system. The base price of the quote is $63,018.00. This cost comes with 8 hours of training and 1 year warranty on new installations.

Additional and ongoing cost will be:

  • 3 Year service agreement at $4,000 a year

  • Time and material for change orders and discoveries during re-commissioning process.

Technical $85.00 per hour

Installation $65.00 per hour

Installation and programming of parts will be charged at the time of need.

In Mr. Corso’s proposal, he presented a cost of what it would be to replace the whole system, which was $89,500. He said that they would rather stay with Davis Industries and keep the system that they currently have.

White County Attorney George Loy explained that if the quote is under $150,000 then the commissioners do not have to go through the formal bidding procedure. They could just solicit for quotes. He said that this could qualify under a “special purchase.” This is where the commissioners feel that there is just one unique source of supply for these replacement parts and at a public meeting they could authorize the purchase of these parts from that supplier.

Commissioner Heimlich said that he views this as a quote on repair and maintenance on our current system. He said that if the cost was prohibited then they would go out and request bids to see what it would cost to put in a new system.

Mr. Corso said that their long term goal is to get the system on a maintenance program so they won’t experience any more high cost bills to get it working the way that it should be and also to have employees trained on the system.

Mr. Corso said that this is a one time cost and the annual maintenance cost and any other miscellaneous cost from time to time will be paid out of their budget under the building maintenance account. Commissioner Heimlich said that this can be paid out of the Cumulative Building Maintenance Fund.

  • Commissioner Diener made a motion to accept the proposal from Davis Industries, Inc., for the repair and maintenance of the environmental maintenance system at the White County Jail for $70,000, seconded by Commissioner Burton. Vote: Unanimous

White County Attorney George Loy said that he will want to write up a contract with Davis Industries, Inc.

APPOINTMENTS - COMMUNITY CORRECTIONS

White County Probation Chief Officer, Gina Goodman, appeared before the commissioners on behalf of Judge Mrzlack requesting appointments to the Community Corrections Advisory Board. She said that according to the state statute, this is something that should have been done historically, but it wasn’t.

The commissioners are to appoint the following to the board.

1. Victim

2. Ex offender

3. County Council member

4. Probation officer

5. Educational Administrator

6. Mental Health Administrator

7. 4 Lay persons, one of whom belongs to a minority group

Ms. Goodman presented the following list to be appointed to the board

John T. Million, Attorney Dennis Carter, Lay Person

Iris Murillo, Minority, Lay person Dennis Cain, Lay Person

William Sallee, Ex Offender Mary Jo Burke, Lay Person

Gina Goodman, Chief Probation Officer Garry Foster, Lay Person

Karen Ward, Educator Donald Darnstaedt, Lay Person

Liz Little, Mental Health Administrator David Jordan, Lay Person

  • Commissioner Burton made a motion to appoint the slate of members as presented for the Community Corrections Advisory Board, seconded by Commissioner Diener. Vote: Unanimous

TAX SALE PROPERTIES

White County Attorney George Loy said that the Town of Burnettsville, Town of Brookston, City of Monticello and the Town of Monon are all interested in properties listed on the commissioners’ tax sale. Attorney Loy presented the following resolutions to transfer the properties.

TOWN OF BROOKSTON:

RESOLUTION NO. 2012 -01

RESOLUTION OF THE BOARD OF COMMISSIONERS OF WHITE COUNTY, INDIANA FOR THE TRANSFER OF TAX SALE CERTIFICATE TO THE TOWN OF BROOKSTON

WHEREAS, the real property parcel shown on Exhibit “A” attached hereto and made a part hereof was offered for tax sale conducted by the White County Treasurer on September 7, 2011, pursuant to I.C. 6-1.1-24, et seq.; and

WHEREAS, an amount was not received equal to or in excess of the minimum sale price required for said parcel, and pursuant to I.C. 6-1.1-24-6 the Board of Commissioners of White County was issued a tax sale certificate for said parcel and therefore has acquired the same rights as a purchaser of such certificate; and

WHEREAS, the Board of Commissioners of White County, Indiana, have determined that it is best interest of White County, Indiana that the tax sale certificate for the parcel described in Exhibit “A” be assigned to the Town of Brookston, Indiana, pursuant to I.C. 6-1.1-24-9(c) and (d) for no consideration, and that such assignment take place on or after March 5, 2012.

NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Commissioners of White County, Indiana approves the assignment of the tax sale certificate for the parcel described in Exhibit “A”, on or after March 5, 2012, for no consideration to the Town of Brookston, Indiana.

 

This property is more commonly known as 700 Davis Street, Brookston, Parcel #91-54-22-004-025.500-016.

  • Commissioner Diener made a motion to approve Resolution No. 2012-01, assigning the tax sale certificate for parcel # 91-54-22-004-025.500-016, for property more commonly known as 700 Davis Street, Brookston, to the Town of Brookston, seconded by Commissioner Burton. Vote: Unanimous

CITY OF MONTICELLO:

RESOLUTION NO. 2012 -02

RESOLUTION OF THE BOARD OF COMMISSIONERS OF WHITE COUNTY, INDIANA FOR THE TRANSFER OF TAX SALE CERTIFICATES TO THE CITY OF MONTICELLO

WHEREAS, the real property parcel shown on Exhibit “A” attached hereto and made a part hereof was offered for tax sale conducted by the White County Treasurer on September 7, 2011, pursuant to I.C. 6-1.1-24, et seq.; and

WHEREAS, an amount was not received equal to or in excess of the minimum sale price required for said parcel, and pursuant to I.C. 6-1.1-24-6 the Board of Commissioners of White County was issued a tax sale certificate for said parcel and therefore has acquired the same rights as a purchaser of such certificate; and

WHEREAS, the Board of Commissioners of White County, Indiana, have determined that it is best interest of White County, Indiana that the tax sale certificates for the parcels described in Exhibit “A” be assigned to the City of Monticello, Indiana, pursuant to I.C. 6-1.1-24-9(c) and (d) for no consideration, and that such assignment take place on or after March 5, 2012.

NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Commissioners of White County, Indiana approves the assignment of the tax sale certificates for the parcels described in Exhibit “A”, on or after March 5, 2012, for no consideration to the City of Monticello, Indiana.

Parcel #’s

91-63-04-000-005.801-021, Carpenter Minnie, East Street, Monticello

91-73-33-000-124.800-021, Kilmer Michael Lynn, S. Railroad Street, Monticello

91-73-33-000-124.900-021, Kilmer Michael Lynn, S. Railroad Street, Monticello

91-73-33-000-125.000-021, Kilmer Michael Lynn, S. Railroad Street, Monticello

91-73-33-000-125.100-021, Kilmer Michael Lynn, S. Railroad Street, Monticello

91-73-33-000-125.400-021, Kilmer Michael Lynn, S. Railroad Street, Monticello

  • Commissioner Burton made a motion to approve Resolution No. 2012-02, assigning the tax certificates for parcels 91-63-04-000-005.801-021, 91-73-33-000-124.800-021, 91-73-33-000-124.900-021, 91-73-33-000-125.000-021, 91-73-33-000-125.100-021, 91-73-33-000-125.400-021 to the City of Monticello, seconded by Commissioner Diener. Vote: Unanimous

TOWN OF BURNETTSVILLE:

RESOLUTION NO. 2012 -03

RESOLUTION OF THE BOARD OF COMMISSIONERS OF WHITE COUNTY, INDIANA FOR THE TRANSFER OF TAX SALE CERTIFICATES TO THE TOWN OF BURNETTSVILLE

WHEREAS, the real property parcel shown on Exhibit “A” attached hereto and made a part hereof was offered for tax sale conducted by the White County Treasurer on September 7, 2011, pursuant to I.C. 6-1.1-24, et seq.; and

WHEREAS, an amount was not received equal to or in excess of the minimum sale price required for said parcel, and pursuant to I.C. 6-1.1-24-6 the Board of Commissioners of White County was issued a tax sale certificate for said parcel and therefore has acquired the same rights as a purchaser of such certificate; and

WHEREAS, the Board of Commissioners of White County, Indiana, have determined that it is best interest of White County, Indiana that the tax sale certificate for the parcels described in Exhibit “A” be assigned to the Town of Burnettsville, Indiana, pursuant to I.C. 6-1.1-24-9(c) and (d) for no consideration, and that such assignment take place on or after March 5, 2012.

NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Commissioners of White County, Indiana approves the assignment of the tax sale certificate for the parcels described in Exhibit “A”, on or after March 5, 2012, for no consideration to the Town of Burnettsville, Indiana.

Parcel #’s

91-72-25-000-023.700-009, Watson Frank L, Railroad Street, Burnettsville

91-72-25-000-023.800-009, Watson Frank L, Railroad Street, Burnettsville

 

  • Commissioner Burton made a motion to approve Resolution No. 2012-03, assigning the tax sale certificates for parcels 91-72-25-000-023.700-009 & 91-72-25-000-023.800-009 to the Town of Burnettsville, seconded by Commissioner Diener. Vote: Unanimous

TOWN OF MONON:

RESOLUTION NO. 2012 -04

RESOLUTION OF THE BOARD OF COMMISSIONERS OF WHITE COUNTY, INDIANA FOR THE TRANSFER OF TAX SALE CERTIFICATES TO THE TOWN OF MONON

WHEREAS, the real property parcel shown on Exhibit “A” attached hereto and made a part hereof was offered for tax sale conducted by the White County Treasurer on September 7, 2011, pursuant to I.C. 6-1.1-24, et seq.; and

WHEREAS, an amount was not received equal to or in excess of the minimum sale price required for said parcel, and pursuant to I.C. 6-1.1-24-6 the Board of Commissioners of White County was issued a tax sale certificate for said parcel and therefore has acquired the same rights as a purchaser of such certificate; and

WHEREAS, the Board of Commissioners of White County, Indiana, have determined that it is best interest of White County, Indiana that the tax sale certificates for the parcels described in Exhibit “A” be assigned to the Town of Monon, Indiana, pursuant to I.C. 6-1.1-24-9(c) and (d) for no consideration, and that such assignment take place on or after March 5, 2012.

NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Commissioners of White County, Indiana approves the assignment of the tax sale certificates for the parcels described in Exhibit “A”, on or after March 5, 2012, for no consideration to the Town of Monon, Indiana.

Parcel #’s

91-84-21-000-023.100-014, Nelson Duane & Carol, 104 Market Street, Monon

91-84-21-000-045.000-014, Nelson Duane & Carol, 102 Market Street, Monon

  • Commissioner Burton made a motion to approve Resolution No 2012-04 assigning the tax sale certificates for parcels 91-84-21-000-023.100-014 & 91-84-21-000-045.000-014 to the Town of Monon, seconded by Commissioner Diener. Vote: Unanimous

COUNTY-OWNED VEHICLES POLICY

White County Attorney George Loy presented an amended ordinance covering the county-owned vehicles policy.

Commissioner Heimlich discussed the only vehicle that he wasn’t for sure if it was exempt or not was the Building Inspector. Auditor Guingrich said that after the last discussion on this she understood it to be that every county-owned vehicle was exempt.

Attorney Loy explained that the first section of the ordinance names all county-owned vehicles by position and then the definition of exemptions follow in the ordinance. In order for a county-owned vehicle to be exempt, they must fall under the criteria listed in the amended ordinance.

Auditor Guingrich said that she didn’t feel that all of the highway vehicles fell under the ordinance making them exempt. The commissioners agreed that all Highway department pick-up trucks were exempt and are covered in the ordinance.

Commissioner Heimlich said that the Building Inspector could fall under number eleven in the ordinance, but he must get the vehicle marked.

  • Commissioner Burton made a motion to approve Ordinance No. 12-02-06-01, amending ordinance No. 10-02-16-01 establishing the policy and procedure regarding use of county-owned property by county employees, seconded by Commissioner Diener. Vote: Unanimous

ORDINANCE NO. 12-02-06-01

ORDINANCE AMENDING ORDINANCE NO 10-02-16-01

ESTABLISHING THE POLICY AND PROCEDURE REGARDING USE OF COUNTY-OWNED PROPERTY BY COUNTY EMPLOYEES

WHEREAS, the United States Internal Revenue Code governs the taxability of employer-provided fringe benefits to employees; and

WHEREAS, White County, Indiana provides certain items of county-owned property which are considered taxable fringe benefits by the Internal Revenue Code; and

WHEREAS, the White County Board of Commissioners, on February 16, 2012, passed and adopted Ordinance No. 10-02-16-01 amending the policy and procedure regarding use of county-owned property by county employees; and

WHEREAS, in order to confirm its compliance with the regulations of the Internal Revenue Code, amended since the adoption of said Ordinance, regarding taxation of fringe benefits, the White County Commissioners wish to amend it policies pertaining to the use of county-owned vehicles by its employees and an accountable plan for reporting the taxable value thereof.

THEREFORE, BE IT HEREBY ORDAINED by the Board of Commissioners of White County, Indiana, that Section 1 of said Ordinance No. 10-02-16-01 shall be amended as follows:

SECTION 1. COUNTY-OWNED VEHICLES:

(A) The following employees are provided a county-owned vehicle who are required to commute and use the vehicle for official county business purposes only:

Sheriff Community Corrections

Sheriff’s Chief Deputy Building Inspector

Sheriff’s Merit Deputies Prosecutor’s Investigator

County Surveyor Coroner

County Environmental Officer Highway Department

White County Recycling Emergency Management

(B) Except for a county employee’s use of a qualified non-personal use vehicle, all employees of White County shall not use or permit the use of any county-owned vehicle for any purpose other than official county business or de minimis personal use. For purposes of this Ordinance, a “qualified non-personal use vehicle” is a vehicle the employee is not likely to use more than a minimal amount for personal purposes because of its design. The IRS has determined, in its regulations, which vehicles are qualified non-personal use vehicles. Employees who drive qualified non-personal use vehicles are exempt from the IRS vehicle fringe reporting requirements and are exempt from including their use of the vehicles in gross income when they conditions for that vehicle type are met:

1. Clearly marked police and fire vehicles, when the employee is required to use the vehicle for commuting and is on call at all times. Personal use (other than commuting), if allowed, must be permitted for and confined to within the physical jurisdiction of the police officer’s arrest powers or firefighter’s obligation to respond to an emergency. A police or fire vehicle is clearly marked if painted insignia or words (other than mere markings on a license plate) make it readily apparent as a police or fire vehicle.

2. Unmarked law enforcement vehicles used by law enforcement officers when any personal use, including commuting, is authorized by the State and incident to law enforcement functions, such as reporting directly from home to a stakeout, surveillance site, or an emergency situation. Recreation and vacation trips do not qualify as authorized use.

A “law enforcement officer” is an individual who: (1) is a full-time employee of a governmental unit that is responsible for preventing or investigating crimes involving injury to persons or property (2) is authorized to carry firearms, execute warrants, and make arrests, and (3) regularly carries firearms (except when it is not possible to do so because of the requirements of undercover work).

3. Ambulances and hearses used for those purposes.

4. Certain cargo and specialized heavy vehicles, including only:

a) Any vehicle designed to carry cargo with a loaded gross vehicle weight over 14,000 pounds

b) Bucket trucks (“cherry pickers”)

c) Cement mixers

d) Combines

e) Cranes and derricks

f) Dump trucks (including garbage trucks)

g) Flatbed trucks

h) Forklifts

i) Refrigerated trucks

j) Qualified moving vans, limited to any truck or van used by a professional moving company in the trade or business of moving household or business goods and for which personal use is not authorized or permitted except under specialized circumstances.

5. Delivery trucks with seating only for the driver, or only for the driver plus a folding jump seat.

6. Buses, but only the driver (and not any passenger) of a bus is exempt from reporting and including their use of the vehicle in gross income. Buses means only:

a) Passenger buses with a capacity of at least 20 passengers and used for that purpose, or

b) School buses

7. Qualified specialized utility repair trucks (not including any van or pick-up truck) specially designed and used to carry heavy tools, testing equipment parts if both of the following conditions are also met: (1) the truck has permanent interior construction (such as shelves or racks) which have been installed to carry and store the heavy items and it is unlikely the truck will be used for more than minimal personal use and (2) the State requires the employee to drive the truck home in order to be able to respond to emergency situations regarding utility repair.

8. Tractors and other special-purpose farm vehicles

9. Pick-up trucks: A pick-up truck with a loaded gross vehicle weight of 14,000 pounds or less is qualified non-personal use vehicle if it has been specially modified so that it is not likely to be used more than minimally for personal purposes. For example, a pick-up truck qualifies if it is clearly marked with permanently affixed decals, special painting, or other advertising associated with your trade, business, or function and meets either of the following requirements:

a) It is equipped with at least one of the following items:

            • A hydraulic lift gate
            • Permanent tanks or drums
            • Permanent sideboards or panels that materially raise the level of the sides of the truck bed
            • Other heavy equipment (such as an electric generator, welder, boom, or crane used to tow automobiles and other vehicles).

b) It is used primarily to transport a particular type of load (other than over the public highways) in a construction, manufacturing, processing, farming, mining, drilling, timbering, or other similar operation for which it was specifically designed or significantly modified.

10) Vans. A van with a loaded gross vehicle weight of 14,000 pounds or less is qualified non-personal-use vehicle if it has been specially modified so it is not likely to be used more than minimally for personal purposes. For example, a van qualifies if it is clearly marked with permanently affixed deals, special painting, or other advertising associated with your trade, business, or function and has a seat for the driver only (or the driver and one other person) and either of the following items:

        • Permanent shelving that fills most of the cargo area
        • An open cargo area and the van always carry merchandise, material, or equipment used in your trade, business, or function.

11) Clearly marked public safety officer vehicles, when the employee is required to use the vehicle for commuting and is on call at all times. A public safety officer vehicle is clearly marked if, through painted insignia or words, it is readily apparent that the vehicle is a public safety officer vehicle.

(C) For county employees provided a county-owned vehicle, other than those provided a qualified non-personal use vehicle, personal use (other than commuting and de minimis personal use) of county-owned vehicles is prohibited.

(D) Other than commuting, personal use of a clearly marked police or fire county-owned qualified non-personal use vehicle is prohibited outside the jurisdiction of the White County Sheriff’s Department, which jurisdiction of the White County, Indiana, and all adjacent counties.

(E) Except for qualified non-personal use vehicles, $1.50 per one-way commute (home-to-work or work-to-home) shall be includable in the gross income of any county employee commuting to/from work in a county-owned vehicle.

(F) All county-owned vehicles, other than unmarked law-enforcement vehicles, shall be clearly marked and identified as an official White County vehicle.

SECTION 2. EFFECTIVE DATE:

This ordinance shall be in full force and effect from and after its passage and adoption, retroactively to January 1, 2012, and repeals or amends Section 1 only of Ordinance No. 10-02-16-01, the remainder of which ordinance shall remain in full force and effect.

WHITE ROCK FAMILY PARTNERSHIP

  • Commissioner Burton made a motion to approve the court-appointed appraiser’s recommendation of $27,000.00 for the White Rock Family Partnership property, Parcel 88, on the 6th Street Project, 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 David Diener, Member

ATTEST: _________________________

Jill Guingrich, Auditor