Board of Commissioners Meeting - Tipton County
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Board of Commissioners Meeting 03-01-2021 Present: Dennis Henderson, Tracey Powell, and Nancy Cline Other Present: Mike Cline, Lindsey Ogden, Jayce Edwards, Cameron Crawford, Sam Edwards, Amanda Baird, Kegan Schmicker, Tyler Juranovich, Steven Ray, Erin Shockley, Christy Crawford, Adam Kimmel, Ady Gaddis, Julie Garringer, Terri Garringer, Jim Ashley, Kurt Retherford, Jeff Hoover, and Gay Hoover The meeting was opened with prayer by Commissioner Nancy Cline and the Pledge of Allegiance. Payroll – Crystal Worthy Motion by Commissioner Tracey Powell to approve payroll, check date March 5, 2021, in the amount of $188,895.78. Second by Commissioner Nancy Cline. Motion Carries. Claims – Katy Kramer Motion by Commissioner Nancy Cline to approve an early bond payment claim for docket date February 19th, 2021, in the amount of $1,356,141.60 Second by Commissioner Tracey Powell. Motion Carries Motion by Commissioner Nancy Cline to approve miscellaneous claims for docket date March 1st, 2021, in the amount of $188,685.02. Second by Commissioner Tracey Powell. Motion carries. Highway- Superintendent Bret Morris Superintendent Morris reported that he is researching a fuel system for the highway department to help save money. He would like to do more research before making any formal request. He stated that he thought that a 1000 gallon tank with metering system would cover their needs. He stated that they are waiting for INDOT to announce the Community Crossing awards. Commissioner Nancy Cline asked if the 1000-gallon tank would be provided to the county. Superintendent Morris said Co-Alliance would provide the tank but he was unsure about the metering system. Engineer – Phil Beer - Report filed electronically Bret Morris stated that the aerators at the landfill should be up and running on 03/01/2021. Atlanta Speed Limit CR600S – County Attorney Mark Regnier ORDINANCE BOC # 2021-01 AN ORDINANCE OF THE TIPTON COUNTY, INDIANA BOARD OF COUNTY COMMISSIONERS AMENDING TRAFFIC REGULATIONS ON COUNTY ROAD 600 SOUTH NEAR ATLANTA, INDIANA WHEREAS, Indiana law permits local county governments to create and regulate certain speed zones within certain limits for its county roads; and, WHEREAS, Tipton County Road 600 south (hereafter “600 south”), also known as County Line Road south, which is adjacent to Hamilton County, Indiana, is maintained and controlled by Tipton County, Indiana, including but not limited to that portion of 600 South that abuts the westernmost limits of the Town of Atlanta, Indiana; and,
WHEREAS, based on the current Tipton County traffic ordinance, the speed limit on 600 South beginning at the intersection of State Road 19 south and 600 south, running easterly to the westernmost edge of the Atlanta town limits, is thirty-five (35) miles per hour; and, WHEREAS, the Board of County Commissioners (hereafter the “Commissioners”), after investigation and report by the County Highway Superintendent and the County Engineer, believe that for safety reasons, the current speed limit on this section of 600 South should be no more than thirty (30) mph; and, WHEREAS, the County Engineer and or the County Highway Superintendent have provided the Commissioners with a written report indicating that a speed limit of no higher than thirty (30) mph is reasonable, safer than the current thirty-five (35) mph speed limit, and therefore necessary; and, WHEREAS, the Commissioners find that it is in the best interests and safety of its citizens if the speed limit on 600 South not exceed thirty (30) mph. NOW THEREFORE, the Commissioners do now reduce the speed limit on 600 South beginning at the intersection of State Road 19 south and 600 south, running easterly to the westernmost edge of the Atlanta town limits, from thirty-five (35) mph to thirty (30) mph. FURTHERMORE, this ordinance is effective immediately upon passage, and shall be posted in three (3) public places as required by state statute, and published immediately after adoption in a newspaper of local circulation. Upon passage and publication, the county auditor is directed to amend the traffic matrix to reflect this amendment, and the county highway superintendent is directed to obtain and erect thirty (30) mph signs along 600 South in those areas affected by this Ordinance. BE IT SO ORDAINED, THIS ______ DAY OF MARCH, 2021. TIPTON COUNTY BOARD OF COMMISSIONERS BY: ____________________________________ Dennis Henderson, President ___________________________________ Tracey Powell, Vice President ___________________________________ Nancy Cline, Board Member Attest: ______________________________ Gregg A. Townsend Tipton County Auditor Prepared by: Mark R. Regnier Tipton County Attorney 120 S. West Street Tipton, IN 46072 765-675-2211 markregnieratty@gmail.com
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. Mark R. Regnier. Attorney Mark Regnier presented the first reading of Ordinance BOC2021 – 01. Motion to approve the first reading of Ordinance BOC 2021-01 with edits to change from the western part of Altana, Indiana to the eastern part of Atlanta, Indiana by Commissioner Tracey Powell. Second by Commissioner Nancy Cline. Motion carries. Sheriff – Tony Frawley Motion to approve Incarcerated Offenders Provider Agreement with FSSA with recommended changes from prior commissioners to current by Commissioner Nancy Cline. Second by Commissioner Tracey Powell. Motion carries. Regional Planning Commission - Steven Ray – Mr. Ray gave a presentation on the benefits that the Regional Planning Commission could provide to Tipton County. Tipton County Council President Jim Ashley asked where the funding comes from? Grants from state, federal, and local help fund the Regional Planning Commission. Marlin Webb with Veridus Group will be stepping in to take a role for the Tipton County Board of Commissioners. Tipton County’s participation would be $11,500.00, based on the county population. Sheriff Residence and Jail - Adam Kimmel Adam Kimmel, a documentarian, historical preservationist, and consultant for Travel Channel and Destination Plus presented a proposal to save the old jail from demolition. Tipton County Council President Jim Ashley asked where the money come from to make the improvements to the historical building and what kind of volume have you seen with these kinds of projects? Funding comes from revenue from the tours given at the historical building location. The volume of people continue to grow over the last 6 years because people love to visit a small town. Tipton County Council President Jim Ashley asked if a valuation or assessment has been done at the building and what it might need to move forward? They had not seen the building from the inside. They are hoping to do that today. There is nothing this company has not been able to handle. Commissioner Cline asked if he was interested only in the historical part of the entire thing? He stated that he is interested in the entire building. Planning Commission - Steve Niblick - Nina’s Niche, a 1-lot minor subdivision Motion by Commissioner Cline to approve Nina’s Niche minor subdivision, as presented, by Planning Commissioner Steve Niblick. Second by Commissioner Tracey Powell. Motion Carries. Main Street Association -Lindsey Ogden John Moser (NOT PRESENT) Tipton Main Street is requesting funding to reach the goal of hiring a full-time employee, since they are a volunteer only organization. John Moser sent a budget request of $25,000.00 via email along with a memorandum of understanding. Commissioner Tracy Powell asked what Tipton Main Street can do county wide? Lindsey Ogden stated that she spoke with Town of Sharpsville before COVID on how to help downtown Sharpsville. Main Street is always open and willing to help.
Commissioner Nancy Cline stated she would like to have more time due to other requests for money and the need to prioritize what the commissioners are able to do for the entire county. Commissioner Dennis Henderson stated that the memorandum of understand would not be confidential due to a government body signing the document. Tipton Main Street meets every 3rd Tuesday of every month at City Hall. Clerk’s Office Report - Christy Crawford Clerk Crawford presented a slide show regarding the condition of the third floor records room. Commissioner Tracey Powell asked how much time we would have to get the room remodeled after the State tells us that we must have a second court room. Clerk Christy Crawford and Judge Lett are not sure. Clerk Crawford is obtaining estimates from several companies to get the records digitized. Commissioner Nancy Cline expressed concern about the ceiling and the historical books. She asked Clerk Crawford for her priorities. Coroner’s Facility – Other Business - Nancy Cline Commissioner Nancy Cline presented information regarding the cost and need for a Tipton County Coroner’s Facility. Commissioner Nancy Cline stated that she wants to consider what the commissioners can do and continue to do, due to costs of upkeep of another county building. Tipton County Council Board member Brad Nichols stated that County Facility Advisor Phil Heron asked him to start the process of looking at the re-purpose of a building or new construction and that $20,000.00 would need to be appropriated, just in case the funds would be needed for architectural and engineering expense. Commissioner Nancy Cline stated that she wants to the commissioners to make a priority list. Brad Nichols stated that prior commissioners asked that he get started with the process and determine how to make sure the Coroner’s Office can operate better for the community. Personnel Committee - Jim Ashley Tipton County Council President Jim Ashley stated the salary ordinance allows them to have a personnel committee to work on salary discussions. There is no requirement by state law, so this is only a committee formed by the Tipton County Council. The Council is seeking Commissioner input on this committee. Dennis Henderson will be the commissioner representative on this committee. Jim Ashley asked, regarding the third floor storage, if there are just records for the court or other offices? Christy Crawford stated that only court records are stored on the third floor. Resolution BOC2021-01 Snow Day for February 16, 2021 RESOLUTION BOC 2021-01 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF TIPTON COUNTY INDIANA REGARDING EMPLOYEE WEATHER DAYS WHEREAS, the Board of Commissioners of Tipton County, Indiana (“Commissioners”) did close the Tipton County Courthouse on February 16, 2021 because of emergency weather conditions; and, WHEREAS, certain full time and part time county employees were scheduled to work on February 16, 2021, and in order to pay those employees for February 16, 2021, the county auditor needs authority to do so; and, WHEREAS, although the County was closed on February 16, 2021, the county highway employees had to work to remove snow, and those employees should be compensated for having to work on a day when the county was officially closed.
NOW THEREFORE, be it now RESOLVED, that 1. Due to the closure of the Tipton County Courthouse on February 16, 2021 because of Hazardous weather conditions, the County Auditor is authorized to pay those full time and part time employees who were scheduled to work that day. 2. Furthermore, those county highway employees who actually worked on February 16, 2021, shall be given an additional snow day for which they will be paid, provided they use that snow day before July 1, 2021 BE IT SO RESOLVED THIS _____ DAY OF FEBRUARY, 2021. TIPTON COUNTY, INDIANA BOARD OF COMMISSIONERS BY: _________________________________ Dennis Henderson President _________________________________ Tracey Powell Vice President ________________________________ Nancy Cline Board Member Attest: ________________________________ Gregg A. Townsend Tipton County Auditor Prepared by: Mark R. Regnier, Tipton County Attorney I affirm under the penalties of perjury that I have redacted all social security numbers in this documents, unless required by law. Mark R. Regnier Motion by Commissioner Nancy Cline to approve Resolution BOC2021-01. Second by Commissioner Tracey Powell. Motion Carries Re-establishing the Cumulative Capital Development Fund – Public Hearing Motion by Commissioner Nancy Cline to open public hearing. Second by Tracey Powell. Motion Carries Public Comment: Tipton County Council President Jim Ashley asked if there will be a rate change to the CCD fund? Commissioner Dennis Henderson it will not exceed $0.0170. Motion by Commissioner Tracey Powell to close public hearing. Second by Commissioner Nancy Cline. Motion carries. Resolution BOC2021- 03 Cumulative RESOLUTION BOC2021-03 ESTABLISHING CUMULATIVE CAPITAL DEVELOPMENT FUND Under Indiana Code 36-9-14.5 BE IT RESOLVED by the Board of Commissioners of Tipton County, Indiana that a need now exists for the establishment of a Cumulative Capital Development Fund for the following purposes: For all uses as set out in IC 36-9-14.5.
BE IT FURTHER RESOLVED that this Board will adhere to the provisions of Indiana Code 36-9-14.5. The proposed fund will not exceed $_0.0170_ on each $100 of assessed valuation. Said tax rate will be levied beginning with taxes for 2021 payable 2022. BE IT FURTHER RESOLVED that proofs of publication of the public hearing held on the 1st day of March, 2021, and a certified copy of this resolution shall be submitted to the Department of Local Government Finance of the State of Indiana as provided by law. This Cumulative Fund is subject to the approval of the Department of Local Government Finance. Duly adopted by the following vote of the members of said Board of Commissioners this 1st day of March, 2021. AYE NAY ________________________________ _________________________________ ________________________________ _________________________________ ________________________________ _________________________________ Attest: _______________________________, Fiscal Officer Gregg A. Townsend, Tipton County Auditor Motion by Commissioner Tracey Powell to approve Resolution BOC2021- 03. Second by Nancy Cline. Motion carries. Minutes for February 16, 2021 Motion by Commissioner Nancy Cline to approve the minutes, as presented, for February 16, 2021. Second by Tracey Powell. Motion carries. Resolution BOC2021-02 Tabled RESOLUTION NO. BOC2021-02 A RESOLUTION ASSIGNING TAX SALE CERTIFICATES TO THE TOWN OF SHARPSVILLE, INDIANA WHEREAS, Tipton County, Indiana, by and through its Board of Commissioners, is the holder of certain tax sale certificates on the properties described in Exhibit A which is attached hereto, and; WHEREAS, pursuant to I.C. 6-1.1-24-9(d), the Tipton County Board of Commissioners may assign tax sale certificates held in the name of the county executive to any political subdivision, and; WHEREAS, the Town of Sharpsville, Indiana has expressed a desire to obtain said tax sale certificates on the properties described in Exhibit A and has submitted to the Tipton County Board of Commissioners a Resolution to accept the assignment of said tax sale certificates, and; WHEREAS, it is in the best public interest to both Tipton County and the Town of Sharpsville that the tax sale certificates for the properties described in Exhibit A now be assigned to the Town of Sharpsville, Indiana. NOW, THEREFORE, BE IT RESOLVED BY THE TIPTON COUNTY, INDIANA BOARD OF COMMISSIONERS THAT: 1. Tipton County, Indiana by and through its Board of Commissioners hereby approve the assignment of those tax sale certificates held by the County to the Town of Sharpsville, Indiana for the properties described in Exhibit A attached hereto.
2. That all taxes, penalties and assessments against the properties described herein shall be waived for the tax year 2020 payable 2021 and prior as to the Town of Sharpsville, Indiana. 3. That the period of redemption of the properties described herein shall be for one hundred twenty (120) days from the date the certificates are assigned pursuant to the Indiana Code. PASSED AND ADOPTED by the Tipton County Board of Commissioners, this ______ day of March, 2021. BOARD OF COMMISSIONERS OF TIPTON COUNTY, INDIANA _____________________________________ Dennis Henderson, Commissioner _____________________________________ Tracey Powell, DC, Commissioner _____________________________________ Nancy Cline, Commissioner ATTEST: _____________________________ Gregg A. Townsend, Tipton County Auditor Prepared by: Mark R. Regnier Tipton County Attorney; GRAHAM, REGNIER, FARRER & WILSON, P.C. 120 S. West Street Tipton, Indiana 46072 Exhibit A Part of the South Half of the Southwest Quarter of Section 4, Township 22 North, Range 4 East In the Town of Sharpsville, Tipton County, Indiana, described as follows: Commencing at a point of the East Line of the right-of-way of the Nickel Plate Railroad Company On the South line of Walnut Street; Thence East 150 feet; thence Southeasterly parallel with the East line right-of-way of side Railroad Company 272 ½ feet to the North line of Elm Street; Thence West on the North Line of Elm Street 150 feet to the East line of the right-of-way of said Railroad Company; thence Northwesterly along the East line of said Railroad Company 272 ½ feet to the place of beginning. Tax ID: 002-00110-00 Parcel ID: 80-06-04-300-055.000-006 Address: 211 E. Walnut Street Sharpsville, IN 46068 Motion by Commissioner Tracey Powell to table Resolution BOC2021 – 02. Second by Nancy Cline. Motion carries. Kokomo Glass - Other Business Bill Steen presented an estimate on replacing all glass doors to the courthouse. This is not something that needs to be done right now but something to look at, for the appropriate time. Discussion H.B. 1381 Wind and Solar Bill - Tracy Powell
Discussion ensued concerning House Bill 1381 between the Commissioners. Commissioner Nancy Cline noted that her position is not to take a position, as a board for the county, but for the individual do it themselves. Public Comment Jim Ashley stated that it is important to maintain local control as much as we can. Jeff Hoover spoke in opposition to the bill, also, and stated that he would like the board to take action. Motion by Commissioner Tracey Powell to close public comment. Second by Commissioner Nancy Cline. Motion carries. Resolution BOC2021 – 04 RESOLUTION NO. BOC2021-04 RESOLUTION OF THE BOARD OF COMMISSIONERS OF TIPTON COUNTY, INDIANA EXPRESSING SUPPORT FOR LOCAL CONTROL OF LAND USE DECISIONS WHEREAS, the State of Indiana consists of diverse communities, each with its own needs and opportunities; and WHEREAS, across the State of Indiana, Counties have created and implemented plans for development that provide the type of new investment and additional employment that is desired by the citizens of the County, and in many instances the desired development has included wind or solar projects; and WHEREAS, the Board of Commissioners believes that decisions regarding wind and solar development are best made by the citizens living in the community, rather than by the wind and solar industry or State officials who live outside the community; and WHEREAS, House Bill 1381 is currently pending in the Indiana General Assembly, and if enacted, such legislation would disenfranchise the citizens of the ability to determine the conditions under which wind energy and solar energy projects would be allowed in their County; and WHEREAS, under House Bill 1381, communities would be compelled to allow wind and solar projects under conditions dictated by others living outside the community; and WHEREAS, the Board of Commissioners desires to express its opposition to House Bill 1381 and express its support for the rights of individuals and families living in a community to direct their own future through land use decisions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF TIPTON COUNTY, INDIANA, that the Board expresses its opposition to House Bill 1381 and any other legislation that disenfranchises local citizens of the right to make local planning decisions and direct the future of their own communities. Adopted this ______ day of __________________, 2021. BOARD OF COMMISSIONERS OF TIPTON COUNTY, INDIANA by: Commissioner Commissioner Commissioner ATTEST: Gregg A. Townsend Tipton County Auditor
Motion by Commissioner Tracey Powell to approve Resolution BOC202 – 04. Second by Commissioner Dennis Henderson. Commissioner Nancy Cline votes Nay. Motion carries 2-1. Other Business Commissioner Tracey Powell stated that he received an estimate for cleaning the fifty Courthouse air conditioner units and for changing filters for all units. The problem is the height and accessibility of the units. The county would need to rent or purchase a lift in order to safely change the filters. Old Jail Disposition Commissioner Nancy Cline reported having toured the old jail and suggested possible re-purposing of the property. She suggested engaging an engineering firm to assist. Public Comment: President Dennis Henderson opened the floor for public comment. Tipton County Coroner Bob Nichols asked the commissioners bring questions to him and he would make time for them. Commissioner Cline corrected a misstatement of the cost of a coroner facility. She had stated three to five million and meant to say three to five hundred thousand dollars. Tipton County Council President Jim Ashley stated that the old jail is something that we need to start addressing because, if it sits too long, it will deteriorate quickly. He would like to re-purpose the building rather than demolish it. Regarding the Coroner’s facility, there was a committee that reported that the Coroner’s facility within a private business is not ideal for the county. Discussion ensued regarding prioritizing the needs of the county. Tipton County Clerk Christy Crawford stated that she is willing to store records outside the courthouse, if needed. Motion by Commissioner Tracy Powell to close public comment. Second by Commissioner Nancy Cline Motion carries. Motion by Commissioner Nancy Cline to adjourn the meeting. Second by Commissioner Tracy Powell Motion carries. Approved this 15th of March 2021 Dennis Henderson, President Tracy Powell, Vice President Nancy Cline, Commissioner Attest: Gregg A. Townsend, Tipton County Auditor Respectfully submitted by Gregg A. Townsend
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