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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Tuesday, February 16, 2016. The meeting was held at the White County Building, 2nd floor Commissioners’ Conference Room beginning at 8:00 a.m.

 

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

 

Commissioner Heimlich called the meeting to order.

 

MINUTES

  • Commissioner Burton made a motion to approve the minutes from the regular meeting held on February 1, 2016, seconded by Commissioner Diener. Vote: Unanimous

 

PAYROLL

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

 

CLAIMS

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

 

MAXIMUS CONSULTING SERVICES

Auditor Gayle Rogers presented the contract renewal for Maximus Consulting Services. Maximus will assist us to maintain our cost allocation plan that will identify the various costs incurred by the county to support and administer federal programs, Title IV-D. Maximus will then submit an indirect reimbursement claim to the State of Indiana based on our cost allocation plan.

 

The contract will be for a four year term and the cost of the contract is $56,400. Auditor Rogers said that this money will be paid out of the County IV-D Incentive Fund instead of out of the General Fund. This contract covers the cost for the Clerk’s, Prosecutor’s, and Auditor’s Offices.

 

  • Commissioner Diener made a motion to approve the renewal of the Maximus Consulting Services contract as presented, seconded by Commissioner Burton. Vote: Unanimous

AREA PLAN

Director Joe Rogers asked permission to purchase tablets for the APC Board (11 members) and BZA Board (5 members). The tablets will eliminate the cost of paper and toner for preparing the board members’ packets for the meetings. Now, everything can be emailed to them and they’ll be able to view the documents at the meeting from their tablets. Board members will also be able to utilize the county’s website and GIS on the tablets. If permission is granted, he will go to the council today for funding.

 

  • Commissioner Burton made a motion to try the tablets with the two boards, as discussed, seconded by Commissioner Diener. Vote: Unanimous

 

STAHL ROAD

Betty Byland, 5277 N. Stahl Road, Monon, appeared before the commissioners to speak about her and her husband’s shattered dreams. She said that they moved here in November 2014, buying a house that was going to be their retirement home. In 2015, they were informed that a farmer was proposing to put in a CAFO near their home. She informed the commissioners that her well was one of the four that recently tested positive for e-coli. She said that IDEM has been contacted and they have offered to test her well again. She expressed that she is not opposed to animal farms, but to have one in such proximity to a densely populated community is environmental suicide, as well as shattering many people’s dreams.

 

 

 

 

HIGHWAY BIDS

County Attorney George Loy announced that the time has expired for bids to be submitted for the Highway Department. This is the second request for bids for a new mechanical front wheel drive tractor, because the first bids, submitted on January 19, did not meet specifications.

 

Bids were received from the following:

  1. Bane-Welker, Remington, IN $109,500.00 Cashier’s Check

  2. Koenig Equipment, Logansport, IN $108,500.00 Bid Bond

  3. Greenmark Equipment, Inc., Monticello, IN $134,430.00 Bid Bond

 

The commissioners asked if there were any bids that were submitted, but not opened. No response.

 

Commissioner Heimlich said that the bids will be taken under advisement and awarded at the next meeting.

 

IDAVILLE FIRE DEPARTMENT

Commissioner Diener said the Idaville Fire Department is wanting to build a new facility, but since they are not in an incorporated town they are not able to file for grants on their own with K-IRPC. They are asking the commissioners to file a grant with K-IRPC on their behalf.

 

The Idaville Fire department does have some funds available for the project and their goal is to apply for a grant for $450,000.

 

  • Commissioner Diener made a motion that the county apply for a grant through K-IRPC for the Idaville Fire Department, seconded by Commissioner Burton. Vote: Unanimous

 

REPORTS

 

At this time, Council President Butch Kramer called the council members to order in joint session with the commissioners. Council members present:

 

President Butch Kramer Jim Annis Casey Crabb

Arthur Anderson Bruce Clear Denny Carter

 

Councilman Jim Davis was absent.

 

ENVIRONMENTAL REPORT

Environmental Officer Jim Reynolds presented the Environmental Report for January.

 

  • Received 54 calls/complaints on various issues.

  • Issued 1 septic permit.

  • Made 8 landfill inspections.

  • Attended Taxer and State Mandates

  • Attended IOWQPA Conference

  • Update on water testing Stahl Road 73 per 100 ml

 

BUILDING DEPARTMENT

Area Plan Director Joe Rogers reported thirteen building permits were issued along with thirty-seven inspections were made in January. The Comprehensive Plan Steering Committee has had their first meeting.

 

CONSIDERATION OF MEADOW LAKE PHASE V WIND FARM

Brian Dunneback, Development Project Manager with EDP Renewables, appeared before the commissioners and council to discuss phase five of the wind farm. He said phase five will consist of 50 wind turbines that will be located in West Point and Princeton townships. The wind turbines will produce 100 megawatts of power, which is 2.0 megawatt for each turbine. He said EDP, owner and operator of the wind farms, just executed a power purchase

 

 

agreement with Wabash Valley and Hoosier Energy to split the power generated in phase five. The project is expecting to be online in 2017.

 

Councilman Carter asked how many new employees are going to be added to their workforce. Mr. Dunneback said they will add 8 to 10 new employees for phase five.

 

Rick Hall, Attorney with Barnes & Thornburgh, said the Economic Development Agreement between the county and EDP will provide White County an economic development payment of $22,500 per megawatt. This equals out to be $2.25 million, which will be paid out in five equal payments of $450,000 each year. The agreement also states that the county will consider using a 10-year tax abatement for this phase.

 

Mr. Hall discussed the Decommissioning Agreement, which will be written up between the county and EDP, to provide securities that the county could draw on in order to decommission the project if needed. The amount of the security increases over time

 

County Attorney Loy explained that the Road Use Agreement gives Meadow Lake permission to go over the county roads and ditches with their equipment. It also gives them permission to encroach upon county drainage right-of-way, county drains and both tiles and open ditches. In return, they have to make improvements to those roads, culverts and any underlying or adjoining drain tiles when they are completed with the project.

 

Mr. Hall presented resolutions to the commissioners and council. The commissioners’ resolution approves the execution of all three agreements: Economic Development Agreement, Road Use Agreement, and the Decommissioning Agreement. The council’s resolution approves the execution of the Economic Development Agreement.

 

  • Commissioner Diener made a motion to adopt Resolution No. 16-02-16-02, Approving agreements with Meadow Lake Windfarm V, LLC and certain other matters in connection therewith, seconded by Commissioner Burton. Vote: Unanimous

 

 

RESOLUTION NO. 16-02-16-02

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF WHITE COUNTY, INDIANA APPROVING AGREEMENTS WITH MEADOW LAKE WINDFARM V, LLC AND CERTAIN OTHER MATTERS IN CONNECTION THEREWITH

 

WHEREAS, the Board of Commissioners of the White County, Indiana (the “Board”) desires to benefit the health and general welfare of the citizens of White County, Indiana (the “County”) and create opportunities for gainful employment and business opportunities within the County; and

 

WHEREAS, Meadow Lake Wind Farm V, LLC (the “Company”) is contemplating the development and construction of an additional phase of a wind-powered electric generating facility in the County, which will have a rated capacity of approximately 100 megawatts (the “Project”); and

 

WHEREAS, the Company has requested assistance with the completion of certain road improvements, assistance with zoning variances and other permits, the approval of tax abatement, and other assistance from the County with respect to the Project; and

 

WHEREAS, to induce the Company to complete the Project, the Board desires to approve the execution of an Economic Development Agreement, between the County and the Company, a form of which has been presented to the Board on the date hereof (the “Economic Development Agreement”), pursuant to which certain incentives will be provided to Company in exchange for its commitment to complete the Project, to make certain economic development payments, and to take certain other actions with respect to the Project; and

 

WHEREAS, the Board desires to approve the execution of an Agreement for Use, Repair and Improvement of Roads, and Repair of Drainage Facilities, between the County and the Company, a form of which was has been presented to the Board on the date hereof (the “Road Use Agreement”), pursuant to which the County agrees to provide the use of certain roads to the Company and the Company agrees to repair and improve such roads and certain drainage improvements in the County; and

 

 

WHEREAS, the Board desires to approve the execution of a Decommissioning Agreement, between the County and the Company, a form of which was has been presented to the Board on the date hereof (the “Decommissioning Agreement”), pursuant to which the Company agrees to decommission the Project under certain conditions.

 

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

 

1. The Board hereby finds that the execution and delivery of the Economic Development Agreement are in the best interests of the County and its citizens. The County Council of the County and the Board are authorized and directed to execute the Economic Development Agreement, in the name and on behalf of the County, and the Auditor of the County is hereby authorized and directed to attest the execution of such agreement, with such changes and modifications as such persons deem necessary or appropriate to effectuate this Resolution, said persons’ execution thereof to be conclusive evidence of the approval of such changes.

2. The Board hereby finds that the execution and delivery of the Road Use Agreement are in the best interests of the County and its citizens. The Board is authorized and directed to execute the Road Use Agreement, in the name and on behalf of the County, and the Auditor of the County is hereby authorized and directed to attest the execution of such agreement, with such changes and modifications as such persons deem necessary or appropriate to effectuate this Resolution, said persons’ execution thereof to be conclusive evidence of the approval of such changes.

 

3. The Board hereby finds that the execution and delivery of the Decommissioning Agreement are in the best interests of the County and its citizens. The Board is authorized and directed to execute the Decommissioning Agreement, in the name and on behalf of the County, and the Auditor of the County is hereby authorized and directed to attest the execution of such agreement, with such changes and modifications as such persons deem necessary or appropriate to effectuate this Resolution, said persons’ execution thereof to be conclusive evidence of the approval of such changes.

 

4. The members of the County Council, the Board, the Auditor of the County, the legal counsel of the County, and other appropriate officers of the County are hereby authorized to take all such actions and execute all such instruments as are necessary or desirable to effectuate this Resolution.

 

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

 

  • Councilman Carter made a motion to adopt Resolution No. 2016-02-16-01, Approving an Economic Development Agreement with Meadow Lake Windfarm V, LLC and certain other matters in connection therewith, seconded by Councilman Jim Annis. Vote: Unanimous

 

RESOLUTION NO. 2016-02-16-01

A RESOLUTION OF THE COUNTY COUNCIL OF WHITE COUNTY, INDIANA APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT WITH MEADOW LAKE WINDFARM V, LLC AND CERTAIN OTHER MATTERS IN CONNECTION THEREWITH

 

WHEREAS, the County Council of the White County, Indiana (the “Council”) desires to benefit the health and general welfare of the citizens of White County, Indiana (the “County”) and create opportunities for gainful employment and business opportunities within the County; and

 

WHEREAS, Meadow Lake Wind Farm V, LLC (the “Company”), is contemplating the development and construction of an additional phase of a wind-powered electric generating facility in the County, which will have a rated capacity of approximately 100 megawatts (the “Project”); and

 

WHEREAS, the Company has requested assistance with the completion of certain road improvements, assistance with zoning variances and other permits, the approval of tax abatement, and other assistance from the County with respect to the Project; and

 

WHEREAS, to induce the Company to complete the Project, the Council desires to approve the execution of an Economic Development Agreement, between the County and the Company, a form of which has been presented to the Council on the date hereof (the “Economic Development Agreement”), pursuant to which certain incentives will be provided to Company in exchange for its commitment to complete the Project, to make certain economic development payments, and to take certain other actions with respect to the Project.

 

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

 

1. The Council hereby finds that the execution and delivery of the Economic Development Agreement are in the best interests of the County and its citizens. The Council and the Board of Commissioners of the County (the “Board”) are authorized and directed to execute the Economic Development Agreement, in the name and on behalf of the County, and the Auditor of the County is hereby authorized and directed to attest the execution of such agreement, with such changes and modifications as such persons deem necessary or appropriate to effectuate this Resolution, said persons’ execution thereof to be conclusive evidence of the approval of such changes.

 

2. The members of the Council and the Board, the Auditor of the County, the legal counsel of the County, and other appropriate officers of the County are hereby authorized to take all such actions and execute all such instruments as are necessary or desirable to effectuate this Resolution, including, but not limited to, the execution and delivery of an Agreement for Use, Repair and Improvement of Roads, and Repair of Drainage Facilities and a Decommissioning Agreement with the Company.

 

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

 

BRIDGE #88

Highway Superintendent Mike Kyburz said that the bid letting for Bridge #88 (Norway Bridge) was supposed to be March 1, 2017, and construction starting in September of 2017. Now, the state would like to push the bid letting off till August 9, 2017, with construction starting six weeks after that.

 

 

There being no further business to come before the council, they adjourned to their own meeting room.

 

 

 

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

 

 

 

 

___________________________ _____________________________ ____________________________

John C. Heimlich, President Steve Burton, Vice President David Diener, Member

 

 

 

 

 

ATTEST: _________________________

Gayle Rogers, Auditor