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


  • Commissioner Diener made a motion to approve the minutes as presented for the regular meeting held on March 4, 2013, seconded by Commissioner Burton. Vote: Unanimous


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


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


Commissioner Heimlich announced that the five year lease agreement with Ivy Tech expires July 31, 2013. An amendment to the lease agreement to extend the lease for one year (August 1, 2013 through July 31, 2014), at the same rate was presented from Ivy Tech.

  • Commissioner Diener made a motion to approve Amendment #1 to the lease agreement between White County and Ivy Tech, seconded by Commissioner Burton. Vote: Unanimous



Commissioner Heimlich said that adopting this resolution will start the bond process for Mag Pellet, LLC (Magnetation), which will eventually end with an issuance of bonds that the company will purchase. The Economic Development agreement explains how this will all be accomplished.

  • Commissioner Burton made a motion to approve Resolution No. 13-03-18-01 approving an Economic Development agreement with MAG Pellet, LLC and certain other matters in connection therewith, seconded by Commissioner Diener. Vote: Unanimous

RESOLUTION NO. 13-03-18-01


WHEREAS, the Board of Commissioners of the White County, Indiana (the “Board”) desires to benefit the health and general welfare of the citizens of White County, Indiana (the “County”) and create opportunities for gainful employment and business opportunities within the County; and

WHEREAS, Mag Pellet, LLC (the “Company”) is contemplating the development and construction of a new iron ore pellet manufacturing facility in the County (the “Project”); and

WHEREAS, in the completion of the Project, the Company will invest approximately Three Hundred Fifty Million Dollars ($350,000,000) in equipment and real estate improvements in the County and create approximately 105 full-time jobs; and

WHEREAS, the County has determined that the completion of the Project is in the best interests of the citizens of the County; and

WHEREAS, to induce the Company to complete the Project, the Board desires to approve the execution of an Economic Development Agreement, between the County and the Company, a form of which has been presented to the Board on the date hereof (the “Economic Development Agreement”), pursuant to which certain incentives will be provided to Company in exchange for its commitment to complete the Project.

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of White County, Indiana, that:

1. The Board hereby finds that the execution and delivery of the Economic Development Agreement are in the best interests of the County and its citizens. The Board is hereby authorized and directed to execute the Economic Development Agreement, in the name and on behalf of the County, and the Auditor of the County is hereby authorized and directed to attest the execution of such agreement, with such changes and modifications as such persons deem necessary or appropriate to effectuate this Resolution, said persons’ execution thereof to be conclusive evidence of the approval of such changes.

2. The members of the Board, the Auditor of the County, the legal counsel of the County, and the other appropriate officers of the County are hereby authorized to take all such actions and execute all such instruments as are necessary or desirable to effectuate this Resolution.

  1. This resolution shall be in full force and effect from and after its adoption.



Area Plan Director, Joe Rogers, presented the following:

Rezoning Petition #1009

The White County Commissioners are requesting to rezone 26.77 acres from an L-1 (Lake District) to a B-2 (General Business). The property is located at 5053 Norway Road, Monticello.

A public hearing was held on March 11, 2013, by the Area Plan Commission regarding this rezoning request. There were no objectors at that time. The APC makes the recommendation to the commissioners to approve this rezoning request by a vote of 10 Yes and 0 No.

Director Rogers explained that the APC did recommend this property to be rezoned because a lake property was sold (Lakeview Home) and the property was no longer on a lake district. The use of the property is now more compatible with the B-2 zoning verses an L-1.

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

  • Commissioner Burton made a motion to approve Rezoning Petition #1009 rezoning 26.77 acres from an L-1 to a B-2 for property located at 5053 Norway Road, Monticello, seconded by Commissioner Diener. Vote: Unanimous


Director Rogers said that during the last six months he has approached the commissioners about how the Zoning Ordinance fails to incorporate the Flood Plain Ordinance and the Flood Plain Ordinance contradicts the Zoning Ordinance.

Mr. Rogers explained that in 1995 the Flood Plain Ordinance, which is called the Conservation and Flood Ordinance District (CFO District), was put into the Zoning Ordinance. Because of flood insurance reasons, in 2005 the commissioners adopted a separate flood plain ordinance, which was written around the Department of Natural Resources (DNR) model.

The APC held a meeting on February 11, 2013, and decided to make the recommendation to the commissioners to make the Flood Plain Ordinance a part of the Zoning Ordinance, under the authority of the BZA, verses a standalone county ordinance by a vote of 8 Yes and 0 No.

Before a decision is made, the commissioners would like to talk this over with Dave Anderson, White County Building Inspector. They will put this on the agenda for the next meeting.

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 Bruce Clear

Arthur “Art” Anderson Kevin “Casey” Crabb James “Jim” Davis

Councilman Jim Annis was absent.


White County Building Inspector, Dave Anderson, reported that this is the fourth year in a row where they’ve only issued one permit for a new housing start for the month of February. Income for February 2013 was $4,915 compared to last years income being $3,481 for the department.


E-911 Director, Terri Conwell, said that she has looked at several 911 systems at other counties and at this time her preference would be to go with the CenturyLink system.

Mrs. Brooks’s concerns are that INdigital will not be able to interface with the current telephone system in the building. She is also concerned about INdigital being out of Fort Wayne and not local. She has always had good luck with CenturyLink.

The E911 Board did approve to hire a consultant to review the proposals and make a recommendation for $5,000. She does have the contract and she is going to give it to the county attorney for review.

The 911 system maintenance contract expired February 28, and she is starting to worry because storm season is quickly approaching.


Environmental Officer, Jim Reynolds, presented the Environmental Report for February.

  • Received sixteen complaints on various issues
  • Sent out two letters for clean-ups
  • Made 6 landfill inspections and 3 transfer station inspections
  • Received 6 calls on septic issues and issued 1 permit


Economic Development President, Randy Mitchell, gave a presentation on a very successful program in Tippecanoe County called Advancing Manufacturing and he would like to bring it to White County. He said this program will address the need that we have in White County where manufacturers can’t find employees with the proper training and employees can’t find jobs because of the lack of skills. Candidates that are leaving high school do not have the skills required to get a job with the manufactures. This program will train the students to be certified production technicians to fill the manufacturing jobs that we have locally.

Craig Lamb, Executive Director for Ivy Tech Corporate College, gave an overview of the program. The classes will be offered at Ivy Tech’s facility in Monticello.

Currently, Ivy Tech has a scholarship program for students to be able to participate in this program. To earn the scholarship, interested candidates will have to apply online and take a test proving they have basic reading and math skills. They also have to pass a drug test, have almost perfect attendance and sign a contract agreeing to meet the expectations of the initiative. Each student will participate in 140 hours of classroom training before they become a certified production technician.

Mr. Mitchell proposed an investment from the county to fund $100,000 to start-up this program for White County. With this investment, sixty students will be able take this program.

  • Commissioner Diener made a motion to enter into the $100,000 contract agreement for the certified production technicians training program by Ivy Tech, seconded by Commissioner Burton. Vote: Unanimous

  • Councilman Kramer made a motion to finance the certified production technicians program, seconded by Councilman Davis. Vote: 5 Yes and 1 No (Councilman Anderson)


Greg Bossaer, County Extension Director, announced that he will be retiring at the end of April and Denise Schroeder will be the new County Extension Director. He thanked the current and past commissioners/council members for all the tremendous support he has received over the past 29 years.

Mrs. Schroeder said that they are having an Open House for Mr. Bossaer on Wednesday, April 17 from 2 p.m. to 6 p.m. at the White County Extension 4-H Building.


Commissioner Heimlich said that Councilman Clear and he attended a meeting with representatives from the City and Redevelopment Commission to discuss moving forward with the upgrades to the Constitution Plaza.

The next step in the project is to finalize the plans, which will cost up to $5,000. Commissioner Heimlich asked if the county would like to make a commitment up to $2,500 to finalize the plans for the improvements.

Commissioner Heimlich said that the funds can be paid out of the Cumulative Building Maintenance Fund.

  • Commissioner Diener made a motion to approve the $2,500 initial design fee for the front of the courthouse and Constitution Plaza, seconded by Commissioner Burton. Vote: Unanimous

  • Councilman Clear made a motion to approve the $2,500 initial design fee for the front of the courthouse and Constitution Plaza, seconded by Councilman Crabb. Vote: Unanimous


Commissioner Heimlich discussed setting up a fund for the reimbursement money that the county receives from the NACO Prescription Drug Card program. In the past, discussion was made on putting that money and any remaining HRA money in a fund to establish a self-funded insurance. He asked White County Attorney George Loy to draft an ordinance to set up this fund and they will discuss it further at the next meeting.

At this time, the council adjourned to their 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