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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, February 18, 2013. 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, Gayle Rogers; 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 for regular meeting held on Monday, February 4, 2013, seconded by Commissioner Burton. 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

AREA PLAN

Joe Rogers, Director, presented two amendments to the Commissioners from the APC.

The APC held a public hearing concerning these amendments on February 11, 2013. At that time, the APC made a motion to recommend the amendments to Chapter 12 and Chapter 13 by a vote of 8 Yes and 0 No.

Mr. Rogers stated that the amendments bring the ordinance into compliance with changes to state statute related to court challenges. He also pointed out that he has to refer back to the state statute because the procedures for amendments are not completed.

Last year Ben Diener, APC Attorney, also requested the board to modify the ordinance to provide for a judicial review procedure for appeals to the BZA, which is now a current state statute.

  • Commissioner Diener made a motion to approve Ordinance # 13-02-19-02 making amendments to Chapter 12 and Ordinance #13-02-19-03 making amendments to Chapter 13 as presented for the White County Zoning Ordinance, seconded by Commissioner Burton. Vote: Unanimous

ORDINANCE NO. 13-02-19-02

AMENDMENT TO THE ZONING ORDINANCE OF WHITE COUNTY STATE OF INDIANA

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 February 11, 2013, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana on or before the 1st day of February, 2013 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 the amendment is required to bring the ordinance into compliance with changes to State statute related to court challenges (from writ of certiorari to judicial review); and to provide language/process clarification, provision of alternate approval processes for special exception reauthorizations, and additional statutory compliance (such as ordinance amendment approvals);

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 COUNNTY, INDIANA:

AMENDING CHAPTER 12: ADMINISTRATION

12.0 – Application and Permit Types

12.1 – Official Fee Schedule

12.2 – Public Hearings and Meetings

12.3 – Successive Applications (Petitions), Appeals

12.4 – Development Standards Variance

12.5 – Special Exception Use Permit

12.6 – Appeal of an Administrative Decision

12.7 – Zoning Ordinance Amendment

12.8 – Zoning Map Amendment (Rezoning)

12.9 – Zoning Ordinance Interpretation

12.11 – Improvement Location Permit

12.12 – Certificate of Occupancy Permit

12.13 – (Deletion: Petition Denial/Re-Submission Time Limit)

12.13 – Site Development Plan Review

12.14 – Written Commitments

12.15 – Zoning Hearing Officer and Alternate Procedure (renumbering only)

12.16 – Addressing, Road/Street/Alley Naming & Bridge Dedications (renumbering only)

 

ORDINANCE NO. 13-02-19-03

AMENDMENT TO THE ZONING ORDINANCE OF WHITE COUNTY STATE OF INDIANA

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 February 11, 2013, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana on or before the 1st day of February, 2013 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 the amendment is required to bring the ordinance into compliance with changes to State statute related to court challenges (from writ of certiorari to judicial review); to provide language/process clarification (remediation authority); to provide expanded authority for subdivision enforcement; to provide clarification of enforcement authority (such as Stop Work Order); and to define “fine” appeal determination authority;

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 13: ENFORCEMENT

13.0 – General Provisions

13.1 – Civil Zoning Violations

CREDIT CARDS

White County Auditor, Gayle Rogers, said that after she did the vendor match, Chase reported that we could charge approximately $2 million a year with credit cards. She said that if we pay a vendor within 25 days we will receive .13% reimbursement and if we pay within 14 days we will receive back .26%.

Auditor Rogers said that we have to get a minimum of ten cards and the commissioners can decide on whom they would like to assign them to. She said that she did ask for a list of other counties that are using the Chase Credit Card program.

The commissioners decided to take this under advisement and discuss at a later time.

RANDY MILLER & ASSOCIATES

Jason Miller, President, appeared to discuss the proposal that they submitted at the last meeting. In the proposal Miller & Associates will assist the county with the ADA Inventory and Transition Plan.

Mr. Miller said that their proposal was broken down into two areas as requested:

  • Right-of-way services (sidewalks, bridges, curbs, etc.) $ 7,100
  • Public Buildings and Facilities (6 public buildings) $12,800

If the commissioners decide to approve both services, Miller and Associates would handle 100% of the requirements for the county and even the submittal for approval.

  • Commissioner Diener made a motion to accept the proposal and enter into an agreement with Randy Miller & Associates to assist with the county’s ADA Inventory and Transition Plan, seconded by Commissioner Burton. 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 Raymond “Butch” Kramer Jim Annis

Bruce Clear Arthur “Art” Anderson Kevin “Casey” Crabb

James “Jim” Davis

BUILDING INSPECTOR

White County Building Inspector, Dave Anderson, reported that there were ninteen permits issued last month; only one was for a new house. This is typical for January. Mr. Anderson presented a 2012 end of the year report as well.

ENVIRONMENTAL OFFICER

Environmental Officer, Jim Reynolds, presented the Environmental Report for January 2013.

  • Received 11 complaints on various issues.
  • Sent out 4 letters for clean-ups.
  • Made 8 landfill inspections and 4 transfer station inspections.
  • Attended a two-day I.O.W.P. A. conference on septic systems.
  • Issued one septic permit.

ECONOMIC DEVELOPMENT

Economic Development Director, Randy Mitchell, said that he has been busy planning for the annual meeting, which will be held on Friday. They have also been busy moving their office from the basement of the courthouse to an office on Main Street.

Mr. Mitchell said that since he’s taken office in January, he has visited with twenty-one White County industrial businesses. They’ve all been great face-to-face meetings. The message that he’s getting is very consistent. Manufacturers have positions that need to be filled, but people are lacking in vocational and skilled training. He said that next month he plans on coming to the joint meeting with a program that will address this problem.

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

 

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: _________________________

Gayle Rogers, Auditor