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COMMISSIONERS’ MINUTES

MAY 21, 2012                                                                                       PRESENT: AL

 

BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, May 21, 2012. The meeting was held 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 Auditor Jill Guingrich, and the Commissioners’ Secretary Donya Tirpak.

 

Commissioner Heimlich called the meeting to order.

 

MINUTES

  • Commissioner Diener made a motion to approve the minutes from the regular meeting on May 7, 2012, as presented, seconded by Commissioner Burton. Vote: Unanimous

 

PAYROLL

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

 

CLAIMS

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

 

HIGHWAY DEPARTMENT

 

Girtz

Highway Superintendent BJ Propes said that he is meeting with NIPSCO tomorrow at Girtz to see if they need to move the gas line. If they do, then it could take up to two months. White County REMC said that they can move the pole back the 50’ that is needed for an additional cost.

 

Commissioner Heimlich said that we need to get all of the cost together to see if we’re going to do this. White County Attorney George Loy said that if the right-of-way purchase is under $25,000 then the county will not have to go through the proposal process. However, the county will need to do a survey and a title search. Superintendent Propes said that there is less than a .25 acre on each property.

 

Commissioner Diener said that both of the property owners were okay with this project. Commissioner Heimlich asked Superintendent Propes to get all of the information together so they can have a firm figure.

 

IVY TECH

Judy Doppelfeld, Director of Ivy Tech, asked the commissioners who was responsible for mowing the property that was donated to the county from the hospital. She said that she did have her lawn care person mow it the first time, but didn’t know if this was something that they have to continue or if the county was going to take care of it.

 

Commissioner Heimlich asked if they have had a chance to go through the home and see if they are interested in renting the space.

 

Mrs. Doppelfeld said that she has not had a chance to walk through with the Chancellor but they will do that around the first of June. The only space that they really need right now is parking. She said that she will have her people continue to mow the property until they have a chance to go through the home.

 

Area Plan Director, Joe Rogers, said that if they are going to be doing a parking lot on the property then they need to come see him first.

 

AREA PLAN

Area Plan Director, Joe Rogers, presented the following amendments:

 

Zoning Ordinance Amendment Ch 12.4

Mr. Rogers presented an amendment that deals with the Development Standards Variance. The proposal was presented to the Area Plan Commission at a public hearing on May 14, 2012. After the hearing, the APC voted 6 yes and 2 no to recommend this amendment to the commissioners.

 

Mr. Rogers said that the amendment is meant to accomplish three things. The first will be to clarify when the Board of Zoning Appeals can hear, or not hear, a variance request on a recorded sub-division. State statute specifies that the BZA can only hear variance request only on cases by which are authorized by the ordinance. The second amendment to the ordinance is designed to make compatible the zoning ordinance survey requirements along with the BZA application requirement. The BZA has always required that a survey show any structure 50’ within a property line and our ordinance required a survey show any structure 100’ within a property line. The third thing that the amendment does to the ordinance, which caused a split vote, is allowing the office to determine when a survey is really required by an applicant for consideration of a variance approval. Mr. Rogers said that his department feels that this proposal is reasonable; it is beneficial and reduces a lot of expense to the citizens that aren’t necessary.

 

Mr. Rogers presented the following ordinance:

 

AMENDMENT

TO THE ZONING ORDINANCE OF WHITE COUNTY, STATE OF INDIANA

 

ORDINANCE NO. _______________

 

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 May 14, 2012, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana on or before the 4th day of May, 2012, as required by IC 36-7-4-604;

 

WHEREAS, the White County Area Plan Commission has reported that 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 a 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 12 Administration

 

    1. DEVELOPMENT STANDARDS VARIANCE

A Development Standards Variance is designed to adjust the regulations (such as bulk, height, area, etc) of the White County Zoning Ordinance to the land for which the variance is granted. The primary basis for granting a development standard variance is the showing by the applicant that a practical difficulty exists if the letter of the law is strictly applied. In no case shall any variance to the terms of the White County Zoning Ordinance be authorized without the approval of the Board of Zoning Appeals (BZA) or the Area Plan Hearing Officer. All applications for a Development Standards Variance will be heard utilizing the following procedures or, where applicable, the Alternate Procedure outlined in Section 12.16.

      1. Authority

The Board of Zoning Appeals may upon petition authorize the granting of a variance from the development standards (such as height, bulk, or area) of the White County Zoning Ordinance, pursuant to IC 35-7-4-918.5 as amended. Additionally, the Board of Zoning Appeals may authorize the granting of a variance for a parcel in a recorded subdivision but only in those cases where the County Zoning Ordinance developmental standards are applied.

      1. Burden of proof

The burden of demonstrating a need for the development standard variance falls upon the applicant seeking the variance. The burden of demonstrating that the terms of a development standard variance granted by the Board of Zoning Appeals rests on the applicant granted the variance.

      1. Application

The applicant shall submit a completed development standard variance application, the required filing fee, and required supporting information to the Executive Director. Supporting information shall include, but shall not be limited to, the following:

A. Dimensional Survey

The applicant shall obtain a dimensional survey of the subject property, prepared by a registered land surveyor, showing the property lines, distances from the property lines to the improvements and any structures on adjacent properties within 50’ of the subject properties property lines, easements, existing and proposed structures complete with dimensions, parking, wells, grinders, and septic systems. The dimensional survey shall also include a general description of the land uses within one hundred (100) feet of the subject property. Any costs associated in the completion of said survey shall be the responsibility of the applicant. The survey requirement may be waived or modified by the Executive Director in cases where he/she determines less than a complete legal survey is required and a scaled down survey or site plan will suffice.

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

  • Commissioner Diener made a motion to approve Ordinance No. 12-05-21-01 amending Chapter 12.4, Development Standards Variance, in the Zoning Ordinance be approved as presented, seconded by Commissioner Burton. Vote: Unanimous

 

Zoning Ordinance Amendment Chapter 12.17 Addressing, Road/Street/Alley Naming & Bridge Dedications

Director Rogers presented an amendment that covers addressing, road naming and bridge dedication which has been a topic with the commissioners for some time now.

 

The Area Plan Commission held a public hearing on May 14, 2012 to discuss the amendment. At that time, the APC voted 8 yes and 0 no to recommend this amendment to the commissioners.

 

Mr. Rogers explained that this amendment will repeal the county’s ordinance on addressing, road naming and its amendment; and replace it with the zoning ordinance, Chapter 12 sub-section 12.17, as presented. Currently, there is a sister ordinance that deals with the same issue in the sub-division ordinance. He said that they would like to bring the ordinance up to state standards and clarify how addresses are assigned. It will also provide naming of private roads and how the process works because currently there is no process for that. He said that the state statute is very inadequate in this area. This ordinance will go a long way for anyone who takes over the department and needs to know how addressing is designated.

 

Commissioner Heimlich asked if this is something new in the ordinance. Mr. Rogers said that this is completely new in the zoning ordinance but not in the sub-division ordinance.

 

AMENDMENT

TO THE ZONING ORDINANCE OF

WHITE COUNTY

STATE OF INDIANA

 

ORDINANCE NO. __________________________

 

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 May 14, 2012, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana on or before the 4th day of May, 2012 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 a 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 12 Administration

 

Subsection 12.17 ADDRESSING, ROAD/STREET/ALLEY NAMING & BRIDGE DEDICATIONS, as attached.

 

THIS ORDINANCE TAKES EFFECT UPON PASSAGE.

 

Commissioner Heimlich asked if there were any questions from the public. No response.

 

  • Commissioner Diener made a motion to approve Ordinance No. 12-05-21-02 amending Chapter 12, Administration, Subsection 12.17 Addressing, Road/Street/Alley naming and Bridge dedications, as presented, seconded by Commissioner Burton. Vote: Unanimous

 

 

Amendment to Appendix B Bulk Use Standards in the Zoning Ordinance

Director Rogers presented an amendment that has two modifications to the footnotes of the Bulk Use Standards. The first modifies a front setback requirement for a legally non-conforming dwelling to allow for development up to the building line of the established dwelling. The second is designed to modify the front setback within a municipality or recorded subdivision to allow common front building lines between neighboring properties without violating the ordinance visibility clearance requirements.

 

This amendment was presented to the APC during a public hearing on May 14, 2012. At that time, the APC voted 8 yes and 0 no to recommend this amendment to the commissioners.

 

AMENDMENT

TO THE ZONING ORDINANCE OF

WHITE COUNTY

STATE OF INDIANA

 

ORDINANCE NO. __________________________

 

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 May 14, 2012, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana on or before the 4th day of May, 2012 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 a 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 APPENDIX B Bulk Use Standards

 

Footnotes to be added to Appendix B, Bulk Use Standards Chart

 

 

In the case of a legal, non-conforming dwelling, the front setback requirement for the parcel shall be established by the distance from the property line or street right-of-way, whichever is most restrictive, to the foundation of the dwelling, but never closer than the property line unless right-of-way encroachment is granted by the appropriate legislative body.

 

 

Within any municipality or any recorded subdivision, each dwelling shall be allowed to add, modify or alter the dwelling structure, to any extent, and be allowed to apply a front setback equivalent to the closest front setback of the dwelling on any abutting lot which would have a common front property line if extended; however, for any corner lot the visibility clearance area must be honored.

 

 

THIS ORDINANCE TAKES EFFECT UPON PASSAGE.

 

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

 

  • Commissioner Burton made a motion to approve Ordinance No. 12-05-21-03 amending Appendix B, Bulk Use Standards Chart as presented, seconded by Commissioner Diener. Vote: Unanimous

 

Amendment to Chapter 12, Administration

Director Joe Rogers presented the following amendment to Chapter 12, Administration. He explained that if you apply for a rezone and you were granted a rezone and the ordinance changes your zoning district to make you legally non conforming this will provide that they can change the zoning district to the current rezoning district for that use.

 

Mr. Rogers said that this amendment was presented to the APC during a public hearing on May 14, 2012. At that time, the APC voted to recommend this amendment to the commissioners by a vote of 8 yes and 0 no.

 

AMENDMENT

TO THE ZONING ORDINANCE OF

WHITE COUNTY

STATE OF INDIANA

 

ORDINANCE NO. __________________________

 

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 May 14, 2012, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana on or before the 4th day of May, 2012 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 a 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 12 Administration

12.8.2 Authority

The Zoning Map may be amended from time to time by the passage of an Ordinance duly adopted by the appropriate legislative body in accordance with the procedures set forth in this Chapter.

Any parcel legally rezoned for a specific use and which has lost its conformance status due to an ordinance change, may be reclassified to the proper current zoning district for that use at the discretion of the Executive Director.

 

THIS ORDINANCE TAKES EFFECT UPON PASSAGE.

 

Commissioner Heimlich asked if there was anyone present that would like to speak about the amendment. No response.

 

  • Commissioner Diener made a motion to approve Ordinance No. 12-05-21-04, amending Chapter 12, Administration as presented, seconded by Commissioner Burton. Vote: Unanimous

 

Amendment to Chapter 7, Design Standards, Subsection 7.3.1, Street names

Director Rogers presented an amendment to Chapter 7, which is the sister chapter to the zoning ordinance of Chapter 12, subsection 12.17. The changes will make the subdivision ordinance compatible with the zoning ordinance.

 

This amendment was presented to the APC during a public hearing held on May 14, 2012. The APC voted to recommend this amendment to the commissioners by a vote of 8 yes and 0 no.

 

Commissioner Heimlich asked if there were any questions concerning the amendment being presented. No response.

 

AMENDMENT

TO THE ZONING ORDINANCE OF

WHITE COUNTY

STATE OF INDIANA

 

ORDINANCE NO. __________________________

 

WHEREAS, the White County Area Plan Commission has initiated and prepared this ordinance to amend the White County Subdivision 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 May 14, 2012, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana on or before the 4th day of May, 2012 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 a 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 7 Design Standards

 

Subsection 7.3.1 Street names, as attached.

 

THIS ORDINANCE TAKES EFFECT UPON PASSAGE.

 

  • Commissioner Burton made a motion to approve Ordinance No. 12-05-21-05, amending Chapter 7, Design Standards, Subsection 7.3, Street and Alleys, amending 7.3.1 Street Names as presented, seconded by Commissioner Diener. Vote: Unanimous

 

At this time, the 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

 

BUILDING INSPECTOR

Building Inspector Dave Anderson reported that there were eighty permits issued this past month; five of them were for new homes.

 

ENVIRONMENTAL OFFICER

Environmental Officer, Jim Reynolds, presented his monthly report.

 

Received twenty-five complaints on junk in yards, junk vehicles, and other issues

REMC had an oil spill and they did have Accu-dig clean up the site.

Tagged four abandoned vehicles.

Sent out three letters for clean-up of yards.

Inspected the landfill ten times and inspected the transfer station five times.

EPA is still investigating the old hospital site.

Issued three permits for septic systems and received twenty calls on septic issues.

 

ECONOMIC DEVELOPMENT

Economic Development Director, Connie Neininger, presented her Director’s report.

 

Mrs. Neininger reported that the North White School Corporation ran into some problems on the transfer of the Reynolds Elementary School building and she is not for sure when the closing will be.

 

NIPSCO will be holding a Community Advisory panel meeting on June 28 at the Brandywine at 3:30 p.m. Please notify her if you are interested in attending.

 

The Midwest Indiana Regional Economic Development group did receive a grant, $30,000, from the Indiana Economic Development Corporation for marketing and a website for the regional group.

 

Councilman Crabb asked how the process was going on the two-way video conference equipment that the school corporations in White County purchased. Connie said that they are using the video conferencing when they have their joint collaboration meetings with all four schools. They are also working up an agreement with some schools from China to do things internationally.

 

Councilman Jim Annis, Monon, said that teachers have reported that it is more difficult to use then what they had thought it would be. Principals and staff at the schools are making progress to train everyone to use it.

 

Councilman Butch Kramer asked about the meetings that were held with the owner of the old hospital. Mrs. Neininger said that the owner is working with the EPA, out of Chicago, and environmental engineers regarding the asbestos abatement. He would like to turn the building into a community building.

 

GIRTZ PROJECT

Commissioner Heimlich updated the council and Mrs. Neininger about the road issues at Girtz by saying that they are getting close to having some figures. REMC can move the pole and NIPSCO can move the gas line. The major expense is going to be the purchase of the two right-of-way properties.

 

Highway Superintendent BJ Propes said that NIPSCO would like to leave the gas lines there if they can, but if they do have to move them they will and it will be at their cost. He is also waiting on Pulaski-White Telephone for their cost to move their lines but he doesn’t think that they will have to because they are already 2’ deep.

 

VANGUARD ENTRANCE

Commissioner Heimlich asked Mrs. Neininger how the Vanguard entrance was going.

 

Mrs. Neininger reported that she has actually been working with Vanguard on some other things right now. She said that the head people of Vanguard have just gotten back from China. She gave them the highway superintendent’s contact information to talk about Quarry road. As of today, Connie said that she still has not received the check from the council for the project.

 

SISTER COMMUNITY MOU

Economic Development Director Connie Neininger discussed her trip that she will be taking to China on June 11 – June 18 with the Lieutenant Governor. She said that this is the 25th Anniversary of the Sister State signing agreement with China. During the visit she will be setting up community visits with sister cities like Monticello’s sister city, Deqing. Since her visit to China went so well last year, they have asked if White County would consider signing a Sister Community Agreement with Jiaxing, China. The state is currently working on a Memorandum of Understanding, which is the first step. She is hoping to have the document by the first of June so she can have it when she goes to China.

 

MILITARY PATRIOTIC BOAT PARADE UPDATE – JOE CRIVELLO

Joe Crivello, Community Volunteer, gave a power-point presentation on the 2012 Patriotic Boat Parade that will be held on July 7, 2012, on the Madom Carroll and also the Celebration in the Park. This is their 8th year and this year they will be honoring military servicemen that have served in the Gulf Wars.

 

CUMULATIVE BUILDING MAINTENANCE FUND

White County Auditor, Jill Guingrich, asked if the county wants to re-establish the cumulative building maintenance fund. She said that the fund has almost $900,000, but haven’t put any money into it for the past three years. She said that she was supposed to re-establish a tax line every year, which she was unaware, and asked if this is what the commissioners would like to do.

 

Commissioner Heimlich said that he will have the White County Attorney, George Loy, look into this to see what needs to be done for the money to be collected.

 

At this time, the Council adjourned to their meeting room.

 

BRIDGE #229 MOOTS CREEK – CHANGE ORDER

Don Ward, County Engineer, submitted a change order for Bridge #229 to the commissioners for problems at Bent No. 1 and the added length of 100 ft to the West end of the project. The amount on the change order is $10,922.21.

 

  • Commissioner Burton made a motion to approve the change order for Bridge #229 over Moots Creek for $10,922.21, as presented, seconded by Commissioner Diener. Vote: Unanimous

 

 

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

 

 

 

 

__________________________ _______________________ _____________________

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

 

 

 

 

 

 

ATTEST: _________________________

Jill Guingrich, Auditor