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BE IT REMEMBERED, that a special meeting and a public hearing was held on October 16, 2015, at the White County Building, 2nd floor Commissioners Conference Room beginning at 8:00 a.m.

 

The following board members were present to meet in joint session:

 

White County Commissioners

Commissioner Heimlich called the White County Board of Commissioners to order.

President, John C. Heimlich Steve Burton David Diener

 

White County Council

Councilman Kramer called the White County Council to order.

President, Butch Kramer Denny Carter Jim Annis Bruce Clear

Jim Davis Casey Crabb Art Anderson

 

White County Redevelopment Commission

President Westfall called the White County Redevelopment Commission to order.

President, Tom Westfall Mark Howard Craig LeBeau

Absent: Connie Stimmel and Gary Hendryx

 

Monticello Redevelopment Commission

President Misenheimer called the Monticello Redevelopment Commission to order.

President, Bill Misenheimer Neil Smith Bill Cheever

Rachel Cote Mayor, Ken Houston

Absent: Mark Gamble

 

Monticello Redevelopment Commission Authority

President Carson called the Monticello Redevelopment Commission Authority to order.

President, Valerie Carson Chris McWhirter Gary Allen

 

Also in attendance were the following:

George Loy, Attorney for White County and City of Monticello

Galen Logan, Monticello Fire Chief

Cathy Gross, Monticello City Council

Randy Mitchell, White County Economic Development

James Mann, Monticello Clerk-Treasurer

Gayle Rogers, White County Auditor

Donya Tirpak, County Commissioners’ Admin. Asst.

PURPOSE OF MEETING

Mayor Ken Houston explained that the City of Monticello has started a Monticello Fire Station/Ambulance and Rescue service project where they would like to build a new fire station on 6th Street in Monticello. When the bids were collected, the cost for the project came in higher than expected. The funding for the project was originally going to be paid for with TIF funds (Tax Increment Financing), but since the cost exceeded the funds available to construct the project the city approached the county for the additional funds. Financial advisors for the city confirmed that they could afford a loan from the county to cover the cost.

 

Commissioner Heimlich mentioned that even before Mayor Houston had approached them about a loan for the project, he had spoken with the other commissioners about the possibility of loaning out the money from the landfill funds to help out the city. He said they presented an offer to the Mayor that offered a rate that is lower than the bond rate, and also more favorable terms.

 

Attorney Loy said that there is the possibility that the city will need up to $1.25 million above the TIF funds that are already available to finance the project. The source of the funds will come from the county’s Landfill Reserve fund. The interlocal agreement, and other legal documents, will enable the White County Council, White County

 

Commissioners and the White County Redevelopment Commission to pledge those funds to the Monticello Redevelopment Commission. The Monticello Redevelopment Commission will then pledge to strictly use those funds for the city’s project.

 

Attorney Loy said that the terms of the loan will be for 15 years with a 2.25% interest, which commences to accrue upon drawing upon those funds. The payments will not be required for the first five years of the fifteen year loan, so the first payment, which are annually, will be due in year six of fifteen.

 

RESOLUTION & ORDINANCE

DIRECTING USE OF THE COUNTY HOST FUND AGREEMENT RESERVE FUND & APPROVING INTERLOCAL AGREEMENT WITH CITY OF MONTICELLO

 

Attorney Loy presented a resolution to the Commissioners, County Council and the Monticello Redevelopment Commission authorizing and directing use of the White County Host Fund Agreement reserve fund and approving the Interlocal Agreement with the City of Monticello.

 

WHITE COUNTY COMMISSIONERS

Commissioner Heimlich asked if there were any questions from the commissioners regarding the resolution that’s being presented. No response.

 

  • Commissioner Diener made a motion to approve Resolution No. 15-10-16-01, authorizing and directing use of the White County Host Fund Agreement Reserve Fund and approving the Interlocal Agreement with the City of Monticello, seconded by Commissioner Burton. Vote: Unanimous

 

RESOLUTION NO. 15-10-16-01

RESOLUTION OF THE WHITE COUNTY BOARD OF COMMISSIONERSAUTHORIZING AND DIRECTING USE OF THE WHITE COUNTY HOST FUND AGREEMENT RESERVE FUND AND APPROVING INTERLOCAL AGREEMENT WITH THE CITY OF MONTICELLO

 

WHEREAS, the White County Council ("County Council") adopted Ordinance No. 92-4-3 on April 20, 1992 establishing the White County Host Agreement Reserve Fund ("Landfill Fund");

 

WHEREAS, the City of Monticello Redevelopment Commission ("City Redevelopment Commission") has created the Monticello Economic Development Area and the Monticello Allocation Area (collectively, "Area") for the purpose of collecting all real property tax proceeds from assessed valuation in the Area in excess of the assessed valuation described in IC 36-7-14-39(b)(1), as such statutory provisions exist on the date of execution of this Agreement ("Tax Increment");

 

WHEREAS, the City Redevelopment Commission and the City of Monticello ("City") have determined the need to finance the construction of a fire station ("Project") to serve and benefit the Area in order to promote economic development through improvements to the health and safety of the businesses, employees and citizens in the Area and the City in accordance with the economic development plan for the Area;

 

WHEREAS, the Monticello Redevelopment Authority ("Redevelopment Authority") is issuing its Redevelopment District Lease Rental Bonds of 2015 ("Bonds") to fund the construction of a portion of the Project, which Project will be leased to the City Redevelopment Commission and lease rentals will be payable from Tax Increment and, to the extent Tax Increment is not sufficient, from a special benefits tax levied on all taxable property in the City Redevelopment District;

 

WHEREAS, the construction bids for the Project exceed the funds available to the Redevelopment Authority and City Redevelopment Commission to construct the Project; and

 

WHEREAS, the White County Board of Commissioners ("County Commissioners") and the County Council have authorized the use of monies in the Landfill Fund to promote economic development projects and it is the desire of the County Commissioners and County Council to support the Project by providing funds to the County Redevelopment Commission to be pledged to the City Redevelopment Commission pursuant to IC 36-7-1-15(c)(3), which Landfill Fund is to be repaid by the City or the City Redevelopment Commission pursuant

 

to the terms set forth in the Interlocal agreement dated October 19, 2015 by and between the County Council, the County Commissioners, the White County Redevelopment Commission ("County Redevelopment Commission"), the City and the City Redevelopment Commission attached hereto as Exhibit A and incorporated herein ("Interlocal Agreement");

 

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

 

1. The County Commissioners hereby authorize the use of up to $1,250,000 of Landfill Funds to finance a portion of the Project and direct the County Council to designate the expenditure of and appropriate the Landfill Funds for this purpose.

 

2. The County Commissioners hereby approve the terms and conditions set forth in the Interlocal Agreement and authorize execution of the Interlocal Agreement attached hereto with such changes as the County Attorney shall deem necessary and appropriate to carry out the transactions contemplated herein.

 

3. The County Commissioners hereby authorize and direct the County Commissioners and County Auditor to execute and deliver any and all instruments, letters, certificates, agreements and documents as the executing officials or the County Attorney, determine necessary or appropriate to consummate the transactions contemplated by this Resolution, and such determination shall be conclusively evidenced by the execution thereof. The instruments, letters, certificates, agreements and documents necessary or appropriate to consummate the transactions contemplated by this Resolution shall, upon execution, as contemplated herein, constitute the valid and binding obligations or representations and warranties of the County, the full performance and satisfaction of which is hereby authorized by the County Commissioners.

4. This resolution shall be effective from and after passage and approval by the County Commissioners.

 

WHITE COUNTY COUNCIL

Council President Kramer asked the council if there were any questions regarding the ordinance being presented at this time. No response.

 

  • Councilman Clear made a motion to suspend the rules in order to consider Ordinance No. 2015-04 on first reading, seconded by Councilman Carter. Vote: Unanimous

 

  • Councilman Carter made a motion to adopt Ordinance No. 2015-04, White County Council authorizing use of White County Host Fund Agreement Reserve Fund and approving the Interlocal Agreement with the City of Monticello, as presented on the first reading, seconded by Councilman Crabb. Vote: Unanimous

 

ORDINANCE NO. 2015-04

ORDINANCE OF THE WHITE COUNTY COUNCIL AUTHORIZING USE OF WHITE COUNTY HOST FUND AGREEMENT RESERVE FUND AND APPROVING INTERLOCAL AGREEMENT WITH CITY OF MONTICELLO

 

WHEREAS, the White County Council ("County Council") adopted Ordinance No. 92-4-3 on April 20, 1992 establishing the White County Host Agreement Reserve Fund ("Landfill Fund");

 

WHEREAS, the City of Monticello Redevelopment Commission ("City Redevelopment Commission") has created the Monticello Economic Development Area and the Monticello Allocation Area (collectively, "Area") for the purpose of collecting all real property tax proceeds from assessed valuation in the Area in excess of the assessed valuation described in IC 36-7-14-39(b)(1), as such statutory provisions exist on the date of execution of this Agreement ("Tax Increment");

 

WHEREAS, the City Redevelopment Commission and the City of Monticello ("City") have determined the need to finance the construction of a fire station ("Project") to serve and benefit the Area in order to promote

 

economic development through improvements to the health and safety of the businesses, employees and citizens in the Area and the City in accordance with the economic development plan for the Area;

 

WHEREAS, the Monticello Redevelopment Authority ("Redevelopment Authority") is issuing its Redevelopment District Lease Rental Bonds of 2015 ("Bonds") to fund the construction of a portion of the Project, which Project will be leased to the City Redevelopment Commission and lease rentals will be payable from Tax Increment and, to the extent Tax Increment is not sufficient, from a special benefits tax levied on all taxable property in the City Redevelopment District;

 

WHEREAS, the construction bids for the Project exceed the funds available to the Redevelopment Authority and City Redevelopment Commission to construct the Project; and

 

WHEREAS, the County Council and the White County Board of Commissioners ("County Commissioners") have authorized the use of monies in the Landfill Fund to promote economic development projects and it is the desire of the County Council and County Commissioners to support the Project by providing funds to the County Redevelopment Commission to be pledged to the City Redevelopment Commission pursuant to IC 36-1-7-15(c)(3), which Landfill Fund is to be repaid by the City or the City Redevelopment Commission pursuant to the terms set forth in the interlocal agreement dated October 19, 2015 by and between the County Council, the County Commissioners, the White County Redevelopment Commission ("County Redevelopment Commission"), the City and the City Redevelopment Commission attached hereto as Exhibit A and incorporated herein ("Interlocal Agreement");

 

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

 

  1. The County Council hereby authorizes the use of Landfill Funds to finance a portion of the Project and irrevocably pledges up to $1,250,000 of Landfill Funds to the County Redevelopment Commission to be pledged to the City Redevelopment Commission pursuant to IC 36-1-7-15(c)(3).

  1. The County Council hereby approves the terms and conditions set forth in the Interlocal Agreement and authorizes execution of the Interlocal Agreement attached hereto with such changes as the County Attorney shall deem necessary and appropriate to carry out the transactions contemplated herein.

  1. The County Council hereby authorizes and directs the President of the County Council and the County Auditor to execute and deliver any and all instruments, letters, certificates, agreements and documents as the executing official or the County Attorney, determines is necessary or appropriate to consummate the transactions contemplated by this Ordinance, and such determination shall be conclusively evidenced by the execution thereof. The instruments, letters, certificates, agreements and documents necessary or appropriate to consummate the transactions contemplated by this Ordinance shall, upon execution, as contemplated herein, constitute the valid and binding obligations or representations and warranties of the County, the full performance and satisfaction of which is hereby authorized.

  1. This ordinance shall be in full force and effect immediately upon its passage.

 

RESOLUTION PLEDGING COUNTY HOST FUNDS AND APPROVING INTERLOCAL AGREEMENT

 

WHITE COUNTY REDEVELOPMENT COMMISSION

President Westfall asked if there were any questions from the White County Redevelopment Commission regarding the resolution being presented. No response.

 

  • Commission Howard made a motion to approve Resolution No. 2015- , White County Redevelopment Commission Pledging White County Host Fund Agreement Reserve Funds to Monticello Redevelopment Commission and approving Interlocal Agreement, seconded by Commission LeBeau. Vote: Unanimous

 

 

 

 

 

RESOLUTION NO. 2015-?

RESOLUTION OF THE WHITE COUNTY REDEVELOPMENT

COMMISSION PLEDGING WHITE COUNTY HOST FUND AGREEMENT

RESERVE FUNDS TO MONTICELLO REDEVELOPMENT COMMISSION

AND APPROVING INTERLOCAL AGREEMENT

WHEREAS, the White County Redevelopment Commission ("County Redevelopment

 

Commission") and the Monticello Redevelopment Commission ("City Redevelopment Commission") are each an "economic development entity" pursuant to IC 36-1-7-15(a)(1) and authorized to pledge revenues and receive pledged revenues, respectively, pursuant to IC 36-1-7-15(c)(3);

 

WHEREAS, the White County Council ("County Council") adopted Ordinance No. 92-4-3 on April 20, 1992 establishing the White County Host Agreement Reserve Fund ("Landfill Fund");

 

WHEREAS, the City Redevelopment Commission has created the Monticello Economic Development Area and the Monticello Allocation Area (collectively, "Area") for the purpose of collecting all real property tax proceeds from assessed valuation in the Area in excess of the assessed valuation described in IC 36-7-14-39(b)(1), as such statutory provisions exist on the date of execution of this Agreement ("Tax Increment");

 

WHEREAS, the City Redevelopment Commission and the City of Monticello ("City") have determined the need to finance the construction of a fire station ("Project") to serve and benefit the Area in order to promote economic development through improvements to the health and safety of the businesses, employees and citizens in the Area and the City in accordance with the economic development plan for the Area;

 

WHEREAS, the Monticello Redevelopment Authority ("Redevelopment Authority") is issuing its Redevelopment District Lease Rental Bonds of 2015 ("Bonds") to fund the construction of a portion of the Project, which Project will be leased to the City Redevelopment Commission and lease rentals will be payable from Tax Increment and, to the extent Tax Increment is not sufficient, from a special benefits tax levied on all taxable property in the City Redevelopment District;

 

WHEREAS, the construction bids for the Project exceed the funds available to the Redevelopment Authority and City Redevelopment Commission to construct the Project; and

 

WHEREAS, the County Council and the White County Board of Commissioners ("County Commissioners") have previously authorized the use of monies in the Landfill Fund to promote economic development projects and the County Council and County Commissioners support the Project and have authorized the use of up to $1,250,000 of Landfill Funds by this County Redevelopment Commission to be pledged to the City Redevelopment Commission pursuant to IC 36-1-7-15(c)(3);

 

WHEREAS, the pledge of the Landfill Fund is to be repaid by the City or the City Redevelopment Commission pursuant to the terms set forth in the interlocal agreement dated October 19, 2015 by and between the County Council, the County Commissioners, the County Redevelopment Commission, the City and the City Redevelopment Commission attached hereto as Exhibit A and incorporated herein ("Interlocal Agreement");

 

NOW, THEREFORE, BE IT RESOLVED BY THE WHITE COUNTY REDEVELOPMENT COMMISSION, THAT:

 

1. The County Redevelopment Commission hereby irrevocably pledges up to $1,250,000 of Landfill Funds pursuant to IC 36-1-7-15(c)(3) and IC 5-1-14-4 to the City Redevelopment Commission for the purpose of funding the remaining portion of the Project.

 

2. The County Redevelopment Commission hereby approves the terms and conditions set forth in the Interlocal Agreement and hereby authorizes and directs the President to execute and the Secretary

to attest the Interlocal Agreement attached hereto with such changes as the County Attorney shall deem necessary and appropriate to carry out the transactions contemplated herein.

 

 

 

 

 

3. The County Redevelopment Commission hereby authorizes and directs the President and the Secretary to execute and deliver any and all instruments, letters, certificates, agreements and documents as the executing official or the County Attorney, determines is necessary or appropriate to consummate the transactions contemplated by this Resolution, and such determination shall be conclusively evidenced by the execution thereof. The instruments, letters, certificates, agreements and documents necessary or appropriate to consummate the transactions contemplated by this Resolution shall, upon execution, as contemplated herein, constitute the valid and binding obligations or representations and warranties of the County Redevelopment Commission, the full performance and satisfaction of which is hereby authorized.

 

4. This Resolution shall be in full force and effect immediately upon its passage.

 

INTERLOCAL COOPERATION AGREEMENT

 

At this time, a copy of the Interlocal Cooperation Agreement between White County Commissioners, County Council, White County Redevelopment Commission, City of Monticello and the Monticello Redevelopment Commission was presented.

 

MONTICELLO REDEVELOPMENT COMMISSION

  • Commission Cheever made a motion to approve and enter the Interlocal Cooperation Agreement as presented, seconded by Commission Smith. Vote: Unanimous

 

WHITE COUNTY COMMISSIONERS

  • Commissioner Diener made a motion to approve and enter the Interlocal Cooperation Agreement as presented, seconded by Commissioner Burton. Vote: Unanimous

 

WHITE COUNTY COUNCIL

  • Councilman Clear made a motion to approve and enter the Interlocal Cooperation Agreement as presented, seconded by Councilman Anderson. Vote: Unanimous

 

WHITE COUNTY REDEVELOPMENT COMMISSION

  • Commission LeBeau made a motion to approve and enter the Interlocal Cooperation Agreement as presented, seconded by Commission Howard. Vote: Unanimous

 

Attorney Loy informed the County Council that they will need to advertise and adopt an ordinance in November appropriating funds from the White County Host Agreement Reserve Fund.

 

PUBLIC HEARING

 

At this time, Attorney Loy announced that it is time for a public hearing concerning the designation of Honey Creek Township economic development area, which pertains to the County Highway Garage construction project. This is necessary to create an economic development area, which consist of two tracts of property. This process started with the White County Redevelopment Commission’s approval and then sent to the White County Area Plan Commission for their approval on September 14, 2015, and then approved by the White County Commissioners on September 21, 2015.

 

Attorney Loy announced that the public hearing is now open and asked if there were any comments or questions from the public regarding this project and the designation of this area. No response.

 

Commissioner Heimlich explained to the County Council that the White County Redevelopment Commission will purchase the ground for the new highway garage. There’s currently not enough money in the TIF funds, so money will be transferred from the landfill reserve fund to the WC Redevelopment Commission and paid back at a later date with TIF funds.

 

Attorney Loy announced that the public hearing is now closed.

 

 

  • Commission LeBeau made a motion to adopt Resolution No. 2015-?, Resolution of the White County Redevelopment Commission confirming the designation of the Honey Creek Township Economic Development Area and approval of an Economic Development Plan for such area, seconded by Commission Howard. Vote: Unanimous

 

 

RESOLUTION NO. 2015- ?

RESOLUTION OF THE WHITE COUNTY REDEVELOPMENT COMMISSION CONFIRMING THE DESIGNATION OF THE HONEY CREEK TOWNSHIP ECONOMIC DEVELOPMENT AREA AND approval of an ECONOMIC DEVELOPMENT PLAN for such area

 

WHEREAS, the White County Redevelopment Commission (the “Commission”), as the governing body for the White County Redevelopment Department, pursuant to Indiana Code 36-7-14, as amended (the “Act), on September 2, 2015 adopted Resolution No. 2015-5 (the “Declaratory Resolution”) designating an area known as the Honey Creek Township Economic Development Area (the “Economic Development Area”) as an economic development area pursuant to IC 36-7-14-41; and

 

WHEREAS, the Declaratory Resolution approved an economic development plan for the Economic Development Area (the “Plan”); and

 

WHEREAS, on September 14, 2015, the White County Plan Commission adopted an order (the “Plan Commission Order”) determining that the Declaratory Resolution and the Plan conform to the plan of development for White County, Indiana (the “County”) and approving the Declaratory Resolution and the Plan; and

 

WHEREAS, pursuant to Sections 16 and 41 of the Act, the Board of Commissioners of the County on September 21, 2015, adopted a resolution which approved the Declaratory Resolution, the Plan, and the Plan Commission Order; and

 

WHEREAS, the Commission has received the written orders of approval as required by Section 17(a) of the Act; and

 

WHEREAS, pursuant to Section 17 of the Act, the Commission caused to be published a Notice of Public Hearing with respect to the Declaratory Resolution and the Plan and filed a copy of said Notice in the offices of all departments, bodies or officers of the County having to do with County planning, variances from zoning ordinances, land use or the issuance of building permits; and

 

WHEREAS, at the hearing (the “Public Hearing”) held by the Commission on October 16, 2015, the Commission heard all persons interested in the proceedings and considered any written remonstrances that were filed and all evidence presented; and

 

WHEREAS, the Commission now desires to take final action determining the public utility and benefit of the actions proposed by the Declaratory Resolution and the Plan and confirming the Declaratory Resolution, in accordance with Section 17 of the Act.

 

NOW, THEREFORE, BE IT RESOLVED by the WHITE COUNTY REDEVELOPMENT COMMISSION, as the governing body of the White County Redevelopment Department, as follows:

 

  1. After considering the evidence presented at the Public Hearing, the Commission hereby confirms the findings and determinations, designations and approving and adopting actions contained in the Declaratory Resolution.

  1.  

  1. After considering the evidence presented at the Public Hearing, the Commission hereby finds and determines that it will be of public utility and benefit to proceed with the proposed projects set forth in the Plan, and the Plan is hereby approved in all respects.

 

  1. The Declaratory Resolution is hereby confirmed.

  1.  

  1. This Resolution constitutes final action, pursuant to Section 17(d) of the Act, by the Commission determining the public utility and benefit of proceeding with the actions proposed by the Declaratory Resolution and the Plan, and confirming the Declaratory Resolution and approving the Plan.

  1.  

  1. The Secretary of the Commission is directed to record the final action taken by the Commission pursuant to the requirements of Section 17(d) of the Act.

 

  1. This Resolution shall take effect immediately upon adoption hereof by the Commission.



WHITE COUNTY COUNCIL

  • Councilman Crabb made a motion to appropriate funds from the White County Host Agreement Reserve Fund (landfill funds) to purchase land for the new highway garage, seconded by Councilman Anderson. Vote: Unanimous

 

 

 

There being no further business to come before the commissioners, their meeting was adjourned.

 

 

 

 

___________________________ _____________________________ ____________________________

John C. Heimlich, President Steve Burton, Commissioner David Diener, Commissioner

 

 

 

 

 

ATTEST: _________________________

Gayle Rogers, Auditor