Get Adobe Flash player

 

BE IT REMEMBERED, that the White County Commissioners held a special meeting on Friday, February 28, 2014. The meeting was held at the White County Building, 2nd floor Commissioners’ Conference Room, beginning at 10:00 a.m.

 

Commissioners present were: President John C. Heimlich, Vice President Steve Burton and Commissioner David Diener. Also present was the White County Attorney George Loy, White County Auditor, Gayle Rogers and the Commissioners’ Secretary, Donya Tirpak.

 

White County Council President, Dennis Carter, called the council members to order in joint session with the Commissioners during this special meeting. Members present were:

 

President Denny Carter Raymond “Butch” Kramer Jim Annis

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

James “Jim” Davis

 

Economic Development Commission (EDC) President, Larry Klink, called the EDC to order in joint session with the County Commissioners and County Council. Members present were:

Larry Klink Mark Gamble Jim Annis

 

  • Mark Gamble made a motion to appoint Larry Klink as President, Mark Gamble as Vice President and Jim Annis as Secretary for the EDC 2014 Officers, seconded by Jim Annis. Vote: Unanimous

 

Commissioner Heimlich introduced Richard “Rick” Hall from Barnes & Thornburg LLP. Mr. Hall is an attorney from Indianapolis that has been helping the county with this endeavor.

 

Attorney Hall announced that the purpose of today’s Special Meeting is to approve the loan for the Shell Building that will be located in Wolcott, Indiana. Mr. Hall presented documents that discussed the issuance of the bonds by the county. The bank loan will be provided by two banks, The Bank of Wolcott and Alliance Bank, for an authorized amount of $4.5 million. As money is needed for the project, the county will go to the bank and draw from the loans to pay expenses. If the cost is short of the $4.5 million, then there is no need to borrow the full amount and the interest cost will be lower. He said that the loan is 2.5% for 3 years and it’s payable at any time.

 

Mr. Hall explained that the Economic Development Corporation will enter a contract with Garmong Construction Services to build the building. When the building is sold, the proceeds will be used to repay the loan.

 

REPORT & RESOLUTION EDC CONCERNING THE PROPOSED FINANCING

Attorney Hall explained that by statute when the EDC participates in a financing nature, a one page report detailing the project must be prepared. Attorney Hall presented the following report for the EDC:

 

REPORT OF THE WHITE COUNTY

ECONOMIC DEVELOPMENT COMMISSION CONCERNING

THE PROPOSED FINANCING OF THE ECONOMIC DEVELOPMENT

FACILITIES FOR WHITE COUNTY ECONOMIC

DEVELOPMENT ORGANIZATION, INC.

 

The White County Economic Development Commission (the “Commission”) proposes to recommend to the County Council of the White County, Indiana (the “County”), that it provide the proceeds of certain economic development revenue bonds to White County Economic Development Organization, Inc., or one or more affiliates thereof (the “Applicant”) for the financing of certain economic development facilities in the County.

 

In connection therewith, the Commission hereby reports as follows:

 

  1. The proposed economic development facilities consist of the acquisition of real estate and the construction, equipping, improvement and installation thereon of a shell building, to be located southeast of the intersection of US 24 and County Road 24 and County Road 1200 W in the County for the Applicant’s purpose of furthering economic development and growth for the County (the “Project”).

 

 

 

  1. The Commission estimates that no public works or services, including public ways, schools, water, sewer, street lights and fire protection, will be made necessary or desirable by the Project, because any such works or services already exist or will be provided by the Applicant or other parties.

 

  1. The Commission estimates that the total costs of the Project to be financed, including capitalized interest and other financing costs, will not exceed $4,500,000.

 

  1. The Commission estimates that the Project will create approximately 30-50 jobs, with an annual payroll of approximately $750,000 - $1,250,000.

 

  1. Based on the uncontroverted evidence received at the public hearing held by the Commission on the date hereof, the Project will have no adverse competitive effect on similar facilities already constructed or operating in the County.

 

Attorney Hall presented a resolution to the Economic Development Commission. The resolution describes how this is an economic development project which results in the creation of business opportunities and opportunities for employment in the county. The resolution will approve the report and also approves the loan up to $4.5 million.

 

Larry Klink, EDC President, announced that a public hearing is now open for any public comments regarding the report or resolution that is being presented to the Economic Development Commission.

 

There being no comments from the public, President Klink closed the public hearing.

 

  • Mark Gamble made a motion to approve Resolution No. 2014-01, a resolution approving and authorizing certain actions and proceedings with respect to certain proposed Economic Development Revenue Bonds, seconded by Jim Annis. Vote: Unanimous

 

RESOLUTION NO. 2014-01

A RESOLUTION APPROVING AND AUTHORIZING CERTAIN ACTIONS AND PROCEEDINGS WITH THE RESPECT TO CERTAIN PROPOSED ECONOMIC DEVELOPMENT REVENUE BONDS

 

WHEREAS, White County, Indiana (the “County”), is authorized by I.C. 36-7-11.9 and I.C. 36-7-12 (collectively, the “Act”) to issue revenue bonds for the financing of economic development facilities, and provide the proceeds of the revenue bond issue to another entity to finance or refinance the acquisition, construction, renovation, installation and equipping of said facilities; and

 

WHEREAS, White County Economic Development Organization, Inc. or affiliate thereof (the “Company”) desires to finance the acquisition of real estate and the construction, equipping, improvement and installation thereon of a shell building located southeast of the intersection of US 24 and County Road 1200 W, for use in the Company’s purpose of furthering economic development and growth for the County (the “Project”); and

 

WHEREAS, the Company has advised the White County Economic Development Commission (the “Commission”) and the County that it proposes that the County issue its Taxable Economic Development Revenue Bonds, Series 2014 (Wolcott Building Project) in an amount not to exceed Four Million Five Hundred Thousand Dollars ($4,500,000) (the “Series 2014 Bonds”) under the Act and provide the proceeds of such Series 2014 Bonds to the Company for the purpose of financing the Project; and

WHEREAS, the Commission has studied the Project and the proposed financing of the Project and their effect on the health and general welfare of the County and its citizens; and

 

WHEREAS, the completion of the Project results in the diversification of industry, the creation of jobs, and the creation of business opportunities in the County; and

 

WHEREAS, the pursuant to I.C. 36-7-12-24, the Commission published notice of a public hearing (the “Public Hearing”) on the proposed issuance of the Bonds to finance the Project; and

 

WHEREAS, on the date herof, the Commission held the public hearing on the Project and received uncontroverted evidence that the Project will not have an adverse competitive effect on any similar facilities already constructed and operating in the County.

 

NOW, THEREFORE, BE IT RESOLVED BY THE WHITE COUNTY ECONOMIC DEVELOPMENT COMMISSION AS FOLLOWS:

 

SECTION 1. The Commission hereby finds, determines, ratifies and confirms that the diversification of industry, the creation of business opportunities and the creation of opportunities for gainful employment within the jurisdiction of the County is desirable, serves a public purpose, and is of benefit to the health and general welfare of the County; and that it is in the public interest that the County take such action as it lawfully may to encourage the diversification of industry, the

 

 

creation of business opportunities, and the creation of opportunities for gainful employment within the jurisdiction of the County.

 

SECTION 2. The Commission hereby determines, based on uncontroverted evidence received at the Public Hearing, that the Project will not have a material adverse competitive effect on any similar facilities already constructed or operating in or near the County.

 

SECTION 3. The Commission hereby approves the report with respect to the Project presented at this meeting. The Secretary of this Commission is directed to submit such report to the executive director or chairman of the plan commission of the County.

 

SECTION 4. The Commission finds, determines, ratifies and confirms that the issuance and sale of the Series 2014 Bonds in an aggregate amount not to exceed Four Million Five Hundred Thousand Dollars ($4,500,000), and providing the proceeds of the Series 2014 Bonds to the Company for the financing of the Project, will be of benefit to the health and general welfare of the County, will serve the public purposes referred to above in accordance with the Act, and fully comply with the Act.

 

SECTION 5. The financing of the Project through the issuance of the Series 2014 Bonds, in an amount not to exceed Four Million Five Hundred Thousand ($4,500,000), is hereby approved.

 

SECTION 6. The Commission hereby approves the terms of the following documents in the form presented at this meeting: (i) a Financing Agreement between the County and the Company; (ii) a Trust Indenture, between the County and Alliance Bank, as trustee (the “Trustee”); (iii) the Bonds; and (iv) an Ordinance of the County Council of the County.

 

SECTION 7. Any officer of the Commission is hereby authorized and directed, in the name and on behalf of the Commission, to execute any and all other agreements, documents and instruments, perform any and all acts, approve any and all matters, and do any and all other things deemed by him to be necessary or desirable in order to carry out and comply with the intent, conditions and purposes of this resolution (including the preambles hereto and the documents mentioned herein), the Project and the issuance and sale of the Bonds, and any such execution, performance, approval or doing of other things heretofore effected be, and hereby is, ratified and approved.

 

SECTION 8. The Secretary of this Commission shall transmit this resolution, together with the forms of the documents approved by this resolution, to the County Council of the County.

 

SECTION 9. This resolution shall be in full force and effect upon adoption.

 

COUNTY COUNCIL – PROPOSED ORDINANCE

Attorney Hall presented an ordinance to the County Council that describes the project, approves the loan in the amount of $4.5 million, describes how this will develop economic development and employment opportunities, terms of the loan, etc.

 

Councilman Anderson asked what happens if they spend more than the $4.5 million. Attorney Hall said that the ordinance would have to be amended.

 

  • Councilman Kramer made a motion to suspend the rules to pass the proposed ordinance on the first reading as presented, seconded by Councilman Crabb. Vote: Unanimous

 

  • Councilman Kramer made a motion to adopt Ordinance No 2014-01, an ordinance of the County Council authorizing the issuance of the White County, Indiana Taxable Economic Development Revenue Bonds, Series 2014 (Wolcott Building Project), and authorizing and approving other actions in respect thereto, seconded by Councilman Anderson. Vote: Unanimous

 

 

ORDINANCE NO. 2014-01

AN ORDINANCE OF THE COUNTY COUNCIL OF WHITE

COUNTY, INDIANA, AUTHORIZING THE ISSUANCE OF

THE WHITE COUNTY, INDIANA TAXABLE ECONOMIC

DEVELOPMENT REVENUE BONDS, SERIES 2014

(WOLCOTT BUILDING PROJECT), AND AUTHORIZING

AND APPROVING OTHER ACTIONS IN RESPECT THERETO

 

WHEREAS, White County, Indiana (the “County”), is a municipal corporation of the State of Indiana and by virtue of I.C. 36-7-11.9 and I.C. 36-7-12 (collectively, the “Act”), is authorized and empowered to adopt this ordinance (this “Bond Ordinance”) and to carry out its provisions; and

 

WHEREAS, White County Economic Development Organization, Inc., or an affiliate thereof (the “Company”), desires to finance the acquisition of real estate and the construction, equipping, installation and improvement thereon of a shell building to be located southeast of the intersection of US 24 and County Road 1200 W in the County, to foster economic development in the County (the “Project”); and

 

WHEREAS, the Company has advised the White County Economic Development Commission (the “Commission”) and the County that it proposes that the County issue its Taxable Economic Development Revenue Bonds, Series 2014 (Wolcott Building Project) in an amount not to exceed Four Million Five Hundred Thousand Dollars ($4,500,000) (the “Series2014 Bonds” or the “Bonds”) under the Act and provide the proceeds of such Series 2014 Bonds to the Company for the purpose of financing the Project as described in the proposed Financing Agreement between the County and the Company (the “Financing Agreement”); and

 

WHEREAS, the completion of the Project results in the diversification of industry and the creation of jobs and business opportunities in the County; and

 

WHEREAS, the County Council of the County (the “County Council”) previously adopted a resolution establishing the White County, Indiana Windfarm Economic Development Fund (the “Economic Development Fund”) for the deposit of certain economic development payments made to the County, and pursuant to such resolution the County may use the monies in the Economic Development Fund for purposes which improve the quality of life in the County and thereby foster economic development in the County; and

 

WHEREAS, pursuant to I.C. 5-1-14-4, the County Council desires to pledge the monies on deposit in the Economic Development Fund (the “Economic Development Funds”) to the payment of the principal of and interest on the Series 2014 Bonds; and

 

WHEREAS, pursuant to I.C. 36-7-12-24, the Commission published notice of a public hearing (the “Public Hearing”) on the proposed issuance of the Bonds to finance the Project; and

 

WHEREAS, on the date specified in the notice of the Public Hearing, the Commission held the Public Hearing on the Project; and

 

WHEREAS, the Commission has performed all actions required of it by the Act preliminary to the adoption of this bond Ordinance and has approved and forwarded to the County Council the forms of: (1) the Financing Agreement; (2) a Trust Indenture between the County and Alliance Bank (the “Trustee”) (the “Indenture”); (3) the Bonds; and (4) this Bond Ordinance (the Financing Agreement, the Indenture, the Bonds, and this Bond Ordinance, collectively, the “Financing Agreements”).

 

NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF WHITE COUNTY, INDIANA, THAT:

 

  1. Findings; Public Benefits. The County Council hereby finds and determines that the Project involves the acquisition of real estate and the construction and the equipping thereon of an “economic development facility” as that phrase is used in the Act; that the Project will increase employment opportunities and increase diversification of economic development in the County, will improve and promote the economic stability, development and welfare in the County, will encourage and promote the expansion of industry, trade and commerce in the County and the location of other new industries in the County; that the public benefits to be accomplished by this Bond Ordinance, in tending to overcome insufficient employment opportunities and insufficient diversification of industry, are greater than the cost of public services 9as that phrase is used in the Act) which will be required by the Project; and, therefore, that the financing of the Project by the issuance of the Bonds under the Act: (i) will be of benefit to the health and general welfare of the County; and (ii) complies with the Act.

 

  1. Approval of Financing. The proposed financing of the Project, including the costs of issuance of the Bonds, by the issuance of the Bonds, by the issuance of the Bonds under the Act, in the form that such financing was approved by the Commission, is hereby approved.

 

  1. Authorization of the Bonds. The issuance of the Bonds, payable solely from revenues and receipts derived from the Financing Agreements, is hereby authorized.

 

  1. Terms of the Bonds. (a) The Series 2014 Bonds, in the aggregate principal amount not to exceed Four Million Five Hundred Thousand Dollars ($4,500,000) shall (i) be executed at or prior to the closing date by the manual or facsimile signatures of the Board of Commissioners and Auditor of the County; (ii) be dated as of the date of their delivery or the first day of the month of the date of the issuance of the Bonds; (iii) mature on a date not later than ten years after the date of issuance of the Bonds; (iv) bear interest at such rates as determined with the purchaser thereof (the “Purchaser”), but not to exceed five percent (5.00%) per annum; (v) be issuable in such denominations as set forth in the Financing Agreements; (vi) be subject to registration on the bond register as provided in the Indenture; (viii) be payable in lawful money of the United States of America; (ix) be payable at an office of the Trustee as provided in the Indenture; (x) be subject to optional redemption prior to maturity and subject to redemption as otherwise provided in the Financing Agreements; (xi) be issued in one or more series; and (xii) contain such other terms and provisions as may be provided in the Financing Agreements.

 

    1. The Bonds and the interest thereon do not and shall never constitute an indebtedness of, or a charge against the general credit or taxing power of, the County, but shall be special and limited obligations of the County, payable solely from revenues and other amounts derived from the Financing Agreements. Forms of the Financing Agreements are before this meeting and are by this reference incorporated in this Bond Ordinance, and the Auditor of the County is hereby directed, in the name and on behalf of the County, to insert them into the minutes of the County Council and to keep them on file.

 

  1. Sale of the Bonds. The Board of Commissioners and Auditor of the County are hereby authorized and directed, in the name and on behalf of the County, to sell the Bonds to the Purchaser at such prices as are determined on the date of sale and approved by the Board of Commissioners and the Auditor of the County.

 

  1. Execution and Delivery of Financing Agreements. The Board of Commissioners and Auditor of the County are hereby authorized and directed, in the name and on behalf of the Auditor, to execute or endorse and deliver the Financing Agreement, the Indenture, and the Bonds, submitted to the County Council, which are hereby approved in all respects.

 

  1. Changes in Financing Agreements. The Board of Commissioners and Auditor of the County are hereby authorized, in the name and on behalf of the County, without further approval of the County Council or the Commission, to approve such changes in the Financing Agreements as may be permitted by the Act, such approval to be conclusively evidenced by their execution thereof.

 

  1. Pledge of Economic Development Funds. Pursuant to I.C. 5-1-14-4, the County hereby pledges the Economic Development Funds to the payment of the Series 2014 Bonds. Except for such Economic Development Funds, no funds of the County are pledged to pay the principal of or interest on the Series 2014 Bonds, and neither the full faith and credit nor the general taxing power of the County is so pledged.

 

  1. Issuance of Parity Obligations. With the consent of all of the owners of the outstanding Series 2014 Bonds, the County may authorize and issue bonds or other obligations entitled to the pledge of Economic Development Funds on a parity with the Series 2014 Bonds.

 

  1. General. The Board of Commissioners and Auditor of the County, and each of them, are hereby authorized and directed, in the name and on behalf of the County, to execute or endorse any and all agreements, documents and instruments, perform any and all acts, approve any and all matters, and do any and all other things deemed by them, or either of them, to be necessary or desirable in order to carry out and comply with the intent, conditions and purposes of this Bond Ordinance (including the preambles hereto and the documents mentioned herein), the Project, the issuance and sale of the Bonds, and the securing of the Bonds under the Financing Agreements, and any such execution, endorsement, performance or doing of other things heretofore effected be, and hereby is, ratified and approved.

 

  1. Binding Effect. The provisions of this Bond Ordinance and the Financing Agreements shall constitute a binding contract between the County and the holders of the Bonds, and after issuance of the Bonds this Bond Ordinance shall not be repealed or amended in any respect which would adversely affect the rights of the holders of the Bonds as long as the Bonds or interest thereon remains unpaid.

 

  1. Repeal. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

  1. Effective Date. This Bond Ordinance shall be in full force and effect immediately upon adoption.

 

  1. Copies of Financing Agreements on File. Two copies of the Financing Agreements incorporated into this Bond Ordinance were duly filed in the office of Auditor of the County, and are available for public inspection in accordance with I.C. 36-1-5-4.

 

COUNTY COMMISSIONERS – PROPOSED RESOLUTION

Attorney Hall presented a resolution to the commissioners approving the loan in the amount of $4.5 million. Commissioner Heimlich asked if there were any questions or comments. No response.

 

  • Commissioner Burton made a motion to approve Resolution No. 14-02-28-05, approving and authorizing certain actions and proceedings with respect to certain proposed economic development revenue bonds, seconded by Commissioner Diener. Vote: 2 Yes and 1 No (Diener Abstained)

 

RESOLUTION NO. 14-02-28-05

A RESOLUTION APPROVING AND AUTHORIZING CERTAIN ACTIONS AND PROCEEDINGS WITH RESPECT TO CERTAIN PROPOSED ECONOMIC DEVELOPMENT REVENUE BONDS

 

WHEREAS, White County, Indiana (the “County”), is authorized by I.C. 36-7-11.9 and I.C. 36-7-12 (collectively, the “Act”) to issue revenue bonds for the financing of economic development facilities, and provide the proceeds of the revenue bond issue to another entity to finance or refinance the acquisition, construction, renovation, installation and equipping of said facilities; and

 

WHEREAS, White County Economic Development Organization, Inc. or an affiliate thereof (the “Company”) desires to finance the acquisition of real estate and the construction, equipping, improvement and installation thereon of a shell building located southeast of the intersection of US 24 and County Road 1200 W, for use in the Company’s purpose of furthering economic development for the County (the “Project”); and

 

WHEREAS, the Company has advised the White County Economic Development Commission (the “Commission”) and the County that it proposes that the County issue its Taxable Economic Development Revenue Bonds, Series 2014 (Wolcott Building Project) in an amount not to exceed Four Million Five Hundred Thousand Dollars ($4,500,000) (the “Series 2014 Bonds”) under the Act and provide the proceeds of such Series 2014 Bonds to the Company for the purpose of financing the Project; and

 

WHEREAS, the completion of the Project results in the diversification of industry, the creation of jobs, and the creation of business opportunities in the County; and

 

WHEREAS, pursuant to I.C. 36-7-12-24, the Commission published notice of a public hearing (the “Public Hearing”) on the proposed issuance of the Bonds to finance the Project; and

 

WHEREAS, on the date hereof, the Commission held the public hearing on the Project and received uncontroverted evidence that the Project will not have an adverse competitive effect on any similar facilities already constructed and operating in the County; and

 

WHEREAS, on the date hereof, the County Council of the County (the “Council”) has approved an Ordinance authorizing the issuance of the Series 2014 Bonds (the “Council Ordinance”).

 

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF WHITE COUNTY, INDIANA, AS FOLLOWS:

 

SECTION 1. The Board of Commissioners of the County (the “Board”) hereby finds, determines, ratifies and confirms that the diversification of industry, the creation of business opportunities and the creation of opportunities for gainful employment within the jurisdiction of the County is desirable, serves a public purpose, and is of benefit to the health and general welfare of the County; and that it is in the public interest that the County take such action as it lawfully may to encourage the diversification of industry, the creation of business opportunities, and the creation of opportunities for gainful employment within the jurisdiction of the County.

 

SECTION 2. The proposed financing of the Project, including the costs of issuance of the Series 2014 Bonds, by the issuance of the Series 2014 Bonds under the Act, in the form that such financing was approved by the Commission and the Council, is hereby approved.

 

SECTION 3. The Board hereby finds, determines, ratifies and confirms that the issuance and sale of the Series 2014 Bonds in an aggregate amount not to exceed Four Million Five Hundred Thousand Dollars ($4,500,000), and providing the proceeds of the Series 2014 Bonds to the Company for the financing of the Project, will be of benefit to the health and general welfare of the County and will serve the public purposes of the County.

 

SECTION 4. The financing of the Project through the issuance of the Series 2014 Bonds, in an amount not to exceed Four Million Five Hundred Thousand Dollars ($4,500,00), bearing interest at a rate not at a rate not to exceed five percent (5.00%) per annum, with a final maturity not later than ten (10) years after the date of issuance of the Series 2014, is hereby approved, in accordance with the further terms as described in the Council Ordinance.

 

SECTION 5. The Board hereby approves the terms of the following documents in the form presented at this meeting: (i) a Financing Agreement between the County and the Company; (ii) a Trust Indenture, between the County and Alliance Bank, as trustee (the “Trustee”); and (iii) the Bonds.

 

SECTION 6. Any member of the Board, the Council or the Auditor of the County, and any other officer, employee or agent of the County is hereby authorized and directed, for and on behalf of the County, to execute any and all other agreements, documents and instruments, perform any and all acts, approve any and all matters, and do any and all other things deemed by him to be necessary or desirable in order to carry out and comply with the intent conditions and purposes of this resolution (including the preambles hereto and the documents mentioned herein), the Project and the issuance and sale of the Bonds, and any such execution, performance, approval or doing of other things heretofore effected be, and hereby is, ratified and approved.

 

SECTION 7. This resolution shall be in full force and effect upon adoption.

 

COUNTY COMMISSIONERS – REAL ESTATE CONTRACTS

White County Attorney Loy discussed a resolution (Resolution No. 14-02-03-03) that the commissioners adopted on February 3, 2014. The resolution authorized the purchase of two properties from Dennis & Millie Mathew, Wolcott Corridor area, for no more than the average of two appraisals. He said that the appraisals came in a little over $14,000 per acre.

 

Attorney Loy submitted two real-estate sales agreements from Dennis & Millie Mathew agreeing to sell the two tracts for $14,000 per acre. The first tract is 27.364 acres for a purchase price of $383,096.00, and the second tract is 21.147 acres for a purchase price of $296,058.00.

 

Commissioner Heimlich asked the Council where the money was going to come from to purchase the property. Councilman Anderson said that the money will come out of CEDIT.

 

  • Commissioner Diener made a motion to approve the real-estate sale agreements to purchase two tracts of land from Dennis & Millie Mathew as described by County Attorney Loy, seconded by Commission Burton. Vote: Unanimous

 

NIPSCO COUNTY ROAD AGREEMENT

Commissioner Heimlich said that a public hearing was held on September 3, 2013, where NIPSCO requested the county to vacate a portion of CR 25 E. On October 21, 2013, NIPSCO had agreed to build a road, on their property, to replace the road that is being vacated.

 

Attorney Loy said that the ordinance for the vacated road was dependent on a road agreement between the County and NIPSCO. A road agreement has been put together with the help of BJ Propes, White County Highway Superintendent. The road agreement states that the County will vacate a portion of County Road 25 East and then construct a new road on NIPSCO’s property. The construction cost of the new county road will be $311,171.89. NIPSCO will reimburse the county for the full cost of the new county road.

 

Area Plan Director, Joe Rogers, said that the White County Zoning Ordinance has requirements for the ordinance that is being presented today. He would like to take a look at it to make sure that everything meets the ordinance requirements.

 

  • Commissioner Diener made a motion to accept the Road Agreement between the County and NIPSCO and also approve Ordinance No. 14-02-28-06, vacating a portion of County Road 25 East subject to the approval of the White County Zoning Ordinance, seconded by Commissioner Burton. Vote: Unanimous

 

ORDINANCE NO. 14-02-28-06

 

ORDINANCE VACATING A PORTION OF

COUNTY ROAD 25 EAST IN WHITE COUNTY, INDIANA

 

WHEREAS, the Northern Indiana Public Service Company (“NIPSCO”) has duly filed its Petition to Vacate a Portion of County Road 25 E, a street and public way in Honey Creek Township, White County, Indiana, with the White County Commissioners pursuant to I.C. 36-7-3-12; and

 

WHEREAS, the proposed vacation of said area will not:

 

  1. Hinder the growth or orderly development of any contiguous neighborhoods;

  2. Make access to the lands of any person difficult or inconvenient;

  3. Hinder the public access to a church, school or other public building or place; or

  4. Hinder the use of a public way by the neighborhood in which it is located or contiguous.

WHEREAS, notice of the filing of said Petition and of the time and place of the hearing thereon was duly given in the manner prescribed by law, and;

 

WHEREAS, the White County Commissioners, at public hearings held on August 19, 2013, September 3, 2013, October 7, 2013, and October 21, 2013, considered all evidence in support thereof, and there being no objections to said proposed vacation, and conditioned upon the County Road Agreement between NIPSCO and White County dated February 28, 2014, the terms of which are incorporated herein by reference as if fully recited herein.

 

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

 

SECTION I: The following described portion of White County Road 25E, located in White County, Indiana, to-wit:

 

All that part of County Road 25 East lying South of County Road 150 North and within the North Half (N ½) of the Southwest Quarter (SW ¼) of Section 22, Township 27 North, Range 4 West situate in Honey Creek Township, White County, State of Indiana being more particularly described as follows:

 

 

 

 

 

Beginning at the intersection of the centerline of County Road 25 East with the North line of the North Half (N ½) of the Southwest Quarter (SW ¼) of said Section 22; thence South along the centerline of said County Road 25 East a distance of 1333 feet more or less to the South line of the North Half (N ½) of the Southwest Quarter (SW ¼) of said Section 22 being the point of terminus.

 

is hereby vacated and fee simple title to said vacated real estate is hereby set off to the Northern Indiana Public Service Company. A map depicting said vacated portion is shown on Exhibit “A” attached hereto and made a part hereof.

 

SECTION II: That a copy of this Ordinance shall be entered into the records of the White County Auditor and thereafter recorded in the Office of the White County Recorder.

 

SECTION III: That this Ordinance shall be in full force and effect from and after its passage.

 

AERIAL PHOTOS

Commissioner Heimlich said that a proposal from Pictometry International Corp, for new aerial photos of the county was presented at the last meeting. At that time, it was taken under advisement to collect more information.

 

Eric Storm, County IT, presented letters of recommendation from Tippecanoe, Hendricks, Porter and Washington County. He said that he feels very strongly about this project and stressed how beneficial this will be to everyone in the county and economic development.

 

Councilman Anderson said that he went to Jasper County to look at their GIS because they use Pictometry International Corp. Jasper County recommended that we do flyovers every three years rather than two. They also said that the big savings to their county was from reassessment. Other offices that will benefit from this would be the Surveyors, Area Plan and the Highway Department. Councilman Anderson discussed how we could budget $25,000 - $30,000 a year for twelve years and have 4 flyovers to get a better price. He was in favor of the project.

 

Councilman Annis asked if the aerial photos will be user friendly with the other systems and the GIS software. Eric confirmed that it will be very user friendly and compatible with the GIS.

 

Mr. Storm presented a new proposal that included three flyovers over six years and the old proposal submitted at the last meeting was two flyovers over six years. He said that you can always opt out of the third flyover. He preferred the county go with the 3/6 years.

 

First Project: $103,445.28

Second Project: $111,159.68

Third Project: $115,745.93

Total cost for three flyovers over a six year period is $330,350.89.

 

  • Commissioner Diener made a motion to approve the proposal from Pictometry International Corp. for 3 flyovers over six years for $330,350.89 as presented, seconded by Commissioner Burton. Vote: Unanimous

 

IVY TECH LEASE AGREEMENT

Commissioner Heimlich said that Ivy Tech did approve the extension of the lease agreement. Discussion was made to lower the lease payment for next year and then gradually increase it every year. This agreement assures the county that the loan will be paid back and that Ivy Tech will be here for the next 10 years.

 

Lease will be as follows:

$7,908.00/month thru July 2014

$3,333.33/month thru July 2015

$4,166.66/month thru July 2016

$5,000.00/month thru July 2017

$5,833.33/month thru July 2018

 

After the five years, they can extend the lease for another five years at $6,843.75/month for the period of August 1, 2018 through July 31, 2023.

 

  • Commissioner Burton made a motion to approve and enter into an agreement with Ivy Tech, seconded by Commissioner Diener. Vote: Unanimous

 

 

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