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COMMISSIONERS MINUTES

JUNE 18, 2012                                                                                    PRESENT: ALL

BE IT REMEMBERED, that the White County Commissioners had a regular meeting on Monday, June 18, 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, White County Attorney George Loy and the Commissioners’ Secretary Donya Tirpak.

 

Commissioner Heimlich called the meeting to order.

 

MINUTES

  • Commissioner Diener made a motion to approve the minutes as presented for the June 4, 2012, regular meeting, seconded by Commissioner Burton. Vote: Unanimous

 

PAYROLL

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

 

CLAIMS

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

 

HAZMAT TRAILER

Commissioner Heimlich said that he will take care of transferring the title for the Hazmat Trailer over to Honey Creek Township.

 

ANTI-NEPOTISM ORDINANCE

White County Attorney George Loy said that legislatures have enacted two new Indiana Codes for anti-nepotism. The law requires that this ordinance be adopted by July 1, 2012.

 

Mr. Loy presented the following ordinance and said that it adopts the minimum requirements of the statute and if the commissioners want to become more restrictive or creative, then it can be amended later on.

 

 

ORDINANCE NO.

NEPOTISM AND CONTRACTING WITH WHITE COUNTY BY

A RELATIVE POLICY ORDINANCE FOR WHITE COUNTY, INDIANA

 

WHEREAS, the Indiana General Assembly enacted HEA 1005, as P.L. 135-2012, which added I.C. 36-1-20.2 and I.C. 36-1-21 to the Indiana Code; and

 

WHEREAS, I.C. 36-1-20.2-7, requires the County to establish a policy concerning nepotism; and

 

WHEREAS, I.C. 36-1-21-8, requires the County to establish a policy concerning contracting with relatives of elected officials; and

 

WHEREAS, these two new chapters to the Indiana Code, I.C. 36-1-20.2 (Nepotism) and I.C. 36-1-21 (Contracting with a Unit), respectively, are effective July 1, 2012, and requires all municipal legislative bodies to adopt a policy that includes, as a minimum, the requirements set forth in both chapters; and

 

WHEREAS, the Indiana Code defines “Relative” as a spouse, parent, stepparent, child (natural or adopted), stepchild, brother, half-brother, sister, half-sister, stepbrother, stepsister, niece, nephew, aunt, uncle, daughter-in-law or son-in-law; and

 

WHEREAS, after due consideration and in order to comply with the two above chapters of the Indiana Code, the Board of Commissioners of White County believes it is in the best interests of the County to adopt as its policies the minimum requirements of I.C. 36-1-20.2 and I.C. 36-1-21 as stated therein.

 

NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE BOARD OF COMMISSIONERS OF WHITE COUNTY, INDIANA, as follows:

 

SECTION 1: That it is necessary and desirous to adopt a policy of conduct with regard to County employee nepotism and in contracting with relatives of elected officials by the County in order to continue to provide local government services to its residents and to comply with I.C. 36-1-20.2 and I.C. 36-1-21, respectively, effective July 1, 2012.

 

SECTION 2: On July 1, 2012, the County shall have and implement a Nepotism and a Contracting with a Unit policy that complies with the minimum requirements of I.C. 36-1-20.2 (hereinafter “Nepotism Policy”) and I.C. 36-1-21 (hereinafter “Contracting with a Unit by a Relative Policy”).

 

SECTION 3: The White County Nepotism Policy is hereby established effective July 1, 2012, by adopting and incorporating by reference the minimum requirement provisions of I.C. 36-1-20.2, including all future supplements and amendments thereto, and making them a part hereof as if fully set forth herein. In addition, a copy of I.C. 36-1-20.2 in effect on July 1, 2012, is attached hereto and made a part hereof.

 

SECTION 4: The White County Contracting with a Unit by a Relative Policy is hereby established effective July 1, 2012, by adopting and incorporating by reference the minimum requirement provisions of I.C. 36-1-21, including all future supplements and amendments thereto, and making them a part hereof as if fully set forth herein. In addition a copy of I.C. 36-1-21 in effect on July 1, 2012, is attached hereto and made a part hereof.

 

SECTION 5: That both I.C. 36-1-20.2 and I.C. 36-1-21 specifically permit the County to adopt requirements that are “more stringent or detailed” in the future.

 

SECTION 6: That a single member of the White County Commissioners cannot act for the Board of Commissioners to make work assignments, determine compensation, hear grievances, consider advancement or a performance evaluation of a County employee without prior authority by majority vote of the Board of Commissioners, and therefore without such authority by the majority he/she will not be in the direct line of supervision of a County employee. (See I.C. 36-4-6-11 and I.C. 36-5 -2-9.4)

 

SECTION 7: That a single member of any governing body, council, board or commission of the County with authority over employees of the County cannot act for the governing body to make work assignments, compensation, hear grievances, consider advancement or a performance evaluation without prior authority by a majority of the governing body, board or commission, when a statute provides that a majority is needed to act, and therefore, without such authority by the majority the single member will not be in the direct line of supervision of a County employee.

SECTION 8: All elected and appointed officials and employees of the County are hereby directed to cooperate fully in the implementation of the policies created by this Ordinance and demonstrating compliance with these same policies.

 

SECTION 9: Failure to abide by or cooperate with the implementation, compliance and certifications connected with the Nepotism Policy is a policy violation and may result in the discipline, including termination, of an employee or a transfer from the direct line of supervision or other curative action. An elected or appointed official of the County who fails to abide by or cooperate with the implementation, compliance and mandated certifications of the Nepotism Policy may be subject to such action as allowed by law.

 

SECTION 10: Failure to abide by or cooperate with the implementation, compliance and certifications connected with the Contracting with Unit by a Relative Policy is a policy violation and may result in the discipline, including termination, of an employee or other curative action. An elected or appointed official of the County who fails to abide by or cooperate with the implementation, compliance and mandated certifications of the Contracting with Unit by a Relative Policy may be subject to such action as allowed by law.

 

SECTION 11: The polices created by this Ordinance are hereby directed to be implemented by any or all of the following actions: a) posting a copy of this Ordinance in its entirety in at least one of the locations in the county where it posts employer posters or other notices to its employees; b) providing a copy of this Ordinance to its employees and elected and appointed officials; c) providing or posting a notice of the adoption of this Ordinance; or d) any such other action or actions that would communicate the polices established by this Ordinance to its employees and elected and appointed officials. Upon the taking of any of these actions the policies are deemed implemented by the County.

 

SECTION 12: A copy of the provisions of I.C. 36-1-20.2 and I.C. 36-1-21, effective July 1, 2012, are annexed hereto made a part hereof and incorporated herein by reference.

 

SECTION 13: Two (2) copies of I.C. 36-1-20.2 and I.C. 36-1-21, and as may be supplemented or amended, shall be on file in the offices of the White County Auditor and White County Commissioners for public inspection as may be required by I.C. 36-1-5-4.

 

  • Commissioner Diener made a motion to suspend the rules in order to vote on this ordinance on the first reading, seconded by Commissioner Burton. Vote: Unanimous

 

  • Commissioner Diener made a motion to approve Ordinance #12-06-18-01, on Nepotism and Contracting with White County by a Relative Policy Ordinance for White County, Indiana, seconded by Commissioner Burton. Vote: Unanimous

 

VANGUARD PROJECT

Highway Superintendent, BJ Propes, said that Joe Baumgardner from Vanguard is very vague about what the county is supposed to do on the project.

 

Commissioner Heimlich said that he thought that the county was going to do everything, in our right-of-way, from their property on to the road.

 

Superintendent Propes said that Mr. Baumgardner thinks that everything is supposed to go from their pavement to our pavement. He also said that there was a conversation between INDOT and Connie Neininger about a turning lane. Mr. Propes felt that a turn around wasn’t necessary because it’s just an employee entrance, no trucks coming through.

 

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 was absent from the meeting.

 

BUILDING INSPECTOR

White County Building Inspector, Dave Anderson reported that they issued 42 permits last month. There have only been 13 houses built so far this year; which is the lowest in years.

 

E911

Terri Conwell, Director, presented her monthly report for the White County Communications/E911 Department.

 

Terri reported that she is fully staffed with one part-time employee trained and one in training. She discussed the difficulties that she is having with Manatron not giving her our data for the new mapping with WTH. They are thinking that they will just have WTH build the system.

 

The countywide departments are now moving forward on the narrow banding issue.

 

Terri also discussed Senate Bill 345 that will be passed on July 1. Home telephones were normally charged $2.20 per month and that will now be $.90 per month. Cell phones were charged $.50 and they will now be charged $.90 per month.

 

ENVIRONMENTAL OFFICER

White County Environmental Officer, Jim Reynolds, presented the environmental report.

 

He reported the following:

 

  • Received 30 complaints on trash in yards, junk vehicles, and high grass.

  • Towed one abandoned vehicle.

  • Made eight landfill inspections and four transfer station inspections.

  • Attended firearms training.

  • Received eleven calls on Health Department issues.

  • He is attempting to meet with all pool operators in the county making sure they send in their samples every week.

  • Assisted SFLECC in taking lake samples and transported to state lab in Indy.

 

ECONOMIC DEVELOPMENT

Economic Development Director Connie Neininger presented her activity report for May 2012.

 

Connie said that she’s had a couple of new expansion projects that she’s been working on locally. She has also had a lot of inquires on the Wolcott Corridor. The Wolcott Corridor construction phase will start on September 17, 2012.

 

Connie said that she did sign the agreement with Jiaxing County in China. Connie displayed the beautiful gifts that she received from them for the friendly exchanges.

 

WHITE COUNTY ACADEMIC SKILL CENTER

Suzy Karberg, Director, appeared before the commissioners and council expressing her gratitude for letting the White County Academic Skill Center use space at the Annex Building.

 

A copy of their budget for next year was presented and discussed. She said that they served 108 students this year. They had 56 students take the GED this year and 49 of them passed. Since January 1, six prisoners have also passed.

 

Mrs. Karberg talked about the State finally giving them an online program. Students will be required to sign on at least one night a week.

 

GIRTZ ROAD PROJECT

Highway Superintendent BJ Propes provided estimates to make road improvements for the Girtz project. The estimates without the land purchase and the survey work will be a little over $28,000. They also estimate that they will need about .25 of an acre on each intersection.

 

Commissioner Burton said that Girtz’s is a good business for White County, they don’t make a lot of noise or ask for a lot and they plan on staying in the county.

 

Commissioner Diener said that the total cost will run $56,000 to $66,000 to complete the project.

 

  • Councilman Kramer made a motion that the council commit to these funds out of the Economic Development fund to make the changes to the two intersections for the Girtz project as presented, seconded by Councilman Annis. Vote: Unanimous

 

 

There being no further business to come before the council, they adjourned to their own meeting room.

 

 

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

 

 

 

 

__________________________ _______________________ _____________________

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

 

 

 

 

 

 

ATTEST: _________________________

Jill Guingrich, Auditor