Board of Commissioners Meeting - Tipton County

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CONTINUE READING
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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