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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, April 1, 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 18, 2013, seconded by Commissioner Burton. Vote: Unanimous


  • Commissioner Burton made a motion to approve the payroll for April 1, 2013, seconded by Commissioner Diener. Vote: Unanimous


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


Brad Gervais, Chairman for LEPC, appeared before the commissioners explaining how the Local Emergency Planning Committee (LEPC) has a responsibility to ensure that the county’s HAZMAT (Hazardous Material) emergency response plan is in place and operational. He discussed a couple of HAZMAT spill incidents that’s occurred in other states where clean-up cost became very costly to the local government.

The LEPC is requesting the commissioners to develop and enact a county HAZMAT ordinance which would require the timely reporting of hazardous material releases within the county and provide compensation from the responsible party for expenses incurred during the response and clean-up. He said that this ordinance should apply to all persons/entity who manufacture, use, store, or transport hazardous materials in White County. Currently, White County has thirty-nine entities that work with hazardous materials. This does not include the transportation of HAZMAT through our county by rail and trucks.

Mr. Gervais provided two HAZMAT ordinances from Owen County, Kentucky and Algonquin, Illinois to review.

The commissioners said that they will review the ordinances.


Isabel Hogue and JR Woodrum, representatives of Legal Shield, appeared before the commissioners giving a presentation on the business and the opportunities that are available. They asked permission to meet with 10-12 courthouse employees to do a survey to see if there is a need for the legal aid service that they provide to county employees. This is a service that the employees will pay for, not the county.

The commissioners said that they would like to research the business more and talk with Lea Hull, County HR Clerk, before they move forward with the survey.


Terri Conwell, Director, said that the E-911 board held a meeting and made a decision to make the recommendation to the commissioners not to hire a consultant and to accept the proposal from CenturyLink for the new 911 system.

Terri said that the INdigital system will not work with their current telephone system and she doesn’t want two different phones in dispatch. With CenturyLink she knows everything will be compatible.

Commissioner Burton discussed the numbers being adjusted to the original CenturyLink proposal and asked what the correct total is at this time. Mike Crabb, CenturyLink representative, confirmed that the total was $167,428 for the new system and $381/month for the maintenance cost. The maintenance cost on the old system was $1,200/month.

Commissioner Burton asked Mr. Crabb if CenturyLink would honor service calls since we are still a couple weeks out from making a decision. Mr. Crabb said that they will honor the calls, but if there is a piece or part that needs to be replaced the county will have to cover that cost. He said that they will maintain the system as best as they can.

Terri said that she doesn’t have the money in her budget for this purchase but she is on the agenda for the next Council meeting. Commissioner Heimlich thought that the cost could be paid out of the cumulative building maintenance fund but the council will make that decision.


Joe Rogers, Director, asked the commissioners if they have decided on a recommendation on whether to extract the flood plain requirements out of the zoning ordinance and go with the county ordinance; or to go with a new flood plain ordinance (DNR mandated) into the zoning ordinance.

Mr. Rogers feels that there’s been a little reluctance from the Building Inspector to have it become the zoning ordinance. The Building Inspector is currently the one that administrates it and works directly with DNR.

The commissioner said that they haven’t had a chance to speak with the Building Inspector and they would like to do that before their decision is made.


  • Commissioner Diener made a motion to approve Resolution No. 13-04-01-01 as presented, seconded by Commissioner Burton. Vote: Unanimous

RESOLUTION NO. 3-04-01-01


WHEREAS, the White County Redevelopment Commission (the “Commission”), pursuant to Indiana Code 36-7-14, as amended (the “Act”), on May 29, 2007, adopted Resolution No. 2007-2, as confirmed on July 2, 2007, following a public hearing, by Resolution No. 2007-03 (collectively, the “Original Declaratory Resolution”) for the purpose of (i) declaring an area in White County, Indiana (the “County”), known as the VeraSun Economic Development Area (the “Economic Development Area”) to be an “economic development area” within the meaning of Section 41 of the Act, (ii) designating the entire Economic Development Area as an “allocation area” for purposes of the Section 39 of the Act (the “Allocation Area”), iidesignating one or more taxpayers as “designated taxpayers” for purposes of Section 39.3 of the Act, and (iv) approving the Economic Development Area Plan for the Economic Development Area, dated May 29, 2007 (the “Original Plan”); and

WHEREAS, on March 18, 2013, the Redevelopment Commission adopted Resolution No. 2013-1 (the “Resolution”), which amends the Original Declaratory Resolution and the Original Plan by (1) designating Mag Pellet, LLC as a “designated taxpayer” for purposes of Section 39.3 of the Act, (2) amending the name of the Economic Development Area to be the “Mag Pellet, LLC Economic Development Area” and the name of the Allocation Area to be the “Mag Pellet, LLC Economic Development Allocation Area”, and (3) adopting the supplement to the original Plan attached thereto as Exhibit A (the Original Plan, as supplemented, the “Plan”); and

WHEREAS, on March 25, 2013, the White Plan Commission adopted an order (the “Plan Commission Order”) determining that the Resolution and the Plan conform to the plan of development for White County and approving the Resolution and the Plan; and

WHEREAS, pursuant to Sections 16(b) of the Act, the Redevelopment Commission has submitted the Resolution and the Plan to the Board of Commissioners of White County, Indiana as the county executive (the “Board”).

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

  1. Pursuant to Sections 16(b) of the Act, this Board hereby determines that the Resolution and the Plan conform to the plan of development for the County, and hereby approves, in all respects, the Plan Commission Order, the Declaratory Resolution, and the Plan.

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

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