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BE IT REMEMBERED, that the White County Commissioners held a special meeting on Tuesday, December 27, 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, Vice President Steve Burton and Commissioner David Diener.  Also present was White County Auditor Gayle Rogers, White County Attorney George Loy and the Commissioners’ Assistant Donya Tirpak.

Commissioner Heimlich called the meeting to order.

CLAIMS

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

2017 APPOINTMENTS

  • Commissioner Diener made a motion to approve the appointments for 2017 as presented, seconded by Commissioner Burton. Vote:  Unanimous

Alcoholic Beverage Board 1 Year Appointment

Larry Hartzler

Animal Disease Emergency 1 Year Appointment

Dr. Carl Hites

Arrowhead RC&D 1 Year Appointment

Jon Arnott

Area IV Development Board 3 Year Appointment

Julie Gutwein 12/31/2019

Attorney, White County 1 Year Appointment

George Loy

Aviation Board 4 Year Appointment

Chad Baumgartner 12/31/2020

Maury Waymouth 12/31/2020

Board of Finance 1 Year Appointment

David Diener, President

Steve Burton

John Heimlich

Child Protection Team 1 Year Appointment

David Diener

Citizen’s Advisory Committee 1 Year Appointment

Dawn Girard

E-911 Communications Director 1 Year Appointment

Terri Brooks

E-911 Board 1 Year Appointment

Steve Burton

Economic Development Board                      1 Year Appointment

John C. Heimlich, Member

David Diener, Member

Economic Development Commission 4 Year Appointment

Jim Annis – County Council’s Nomination 12/31/2021

Mark Gamble – City’s Nomination 12/31/2020

Emergency Management, Director 1 Year Appointment

Roberta Yerk – Director

Tim McFadden – Deputy Director

Emergency Management Advisory Council 4 Year Appointment

Kenneth Burns, Princeton Township 12/31/2020

Randy Conwell, Big Creek Township 12/31/2020

Anthony Deibel, Jackson Township 12/31/2020

Steve Burton, County Commissioners - 1 year appointment

Environmental Officer 1 Year Appointment

Jim Reynolds

GIS Data Manager (Computer Coordinator) 1 Year Appointment

Eric Storm

Health Board 4 Year Appointment

Lisa Diener, Registered Nurse 12/31/2020

Highway 1 Year Appointment

Mike Kyburz, Superintendent

Beth Brown, Office Administrator

J.D. Smith, Assistant Superintendent

Kankakee-Iroquois Reg. Planning 1 Year Appointment

David Diener

Maintenance, County Courthouse 1 Year Appointment

Ed Ward, Supervisor

Northwest Indiana Solid Waste Board 1 Year Appointment

David Diener

Steve Burton

John Heimlich, Alternate

Butch Kramer, Council’s Recommendation

Property Tax Assessment Board 1 Year Appointment

Mark Gamble, Freeholder

Judy Bertram, Level II Appraiser

Phil Vogel, Freeholder

Recycling, Director 1 Year Appointment

Dawn Girard

Redevelopment Commission 1 Year Appointment

Tom Westfall

Connie Stimmel

Craig LeBeau

Sick Bank Committee 1 Year Appointment

John Heimlich, Commissioner

Lisa Downey, Elected County Official

Leah Hull, regular Full-time Employee

Solid Waste Citizens Advisory Council 1 Year Appointment

Dawn Girard

Tourism Development Board 2 Year Appointment

John Heimlich 12/31/2018

Dave Jordan 12/31/2018

Scott Cooper (fill unexpired term) 12/31/2017

Veterans Service        1 Year Appointment

Thomas Hildebrand, Officer

White County Commissioners 1 Year Appointment

John C. Heimlich, President

Steve Burton, Vice President

COMMUNITY CORRECTIONS – APPOINTMENTS

White County Prosecutor Bob Guy, Community Corrections Board President, made the following appointment recommendations for the White County Community Corrections Advisory Board.

Dr. Derek Sharvelle will be filling the unexpired term for Liz Little, and Larry Crabb will be filling the unexpired term for Gerald Kolter.  The Council has also recommended that Art Anderson be appointed for another 4 year term.

Community Corrections Advisory Board

Dr. Derek Sharvelle, Mental Health Admin. 12/31/2019

Larry Crabb, Lay Person 12/31/2017

Art Anderson, County Council 12/31/2020

  • Commissioner Burton made a motion to appoint Dr. Derek Sharvelle, Larry Crabb and Art Anderson to the Community Corrections Advisory Board as recommended, seconded by Commissioner Diener. Vote:  Unanimous

CONSIDERATION OF AMENDMENTS PERTAINING TO MAG PELLET ECONOMIC DEVELOPMENT AREA

County Attorney Loy explained that in 2013 the county entered into an Economic Development Agreement and a TIF Bond Agreement with Magnetation.  In May of 2015, Magnetation filed bankruptcy and recently they have ceased operations.  An Asset Purchase Agreement has now been entered into between Mag Pellet and ERP Iron Ore, LLC, and presented to the Bankruptcy Court on December 21, 2016.

ERP Iron Ore, LLC, is now willing to take over the Economic Development Agreement and the TIF Bond Agreement that the county had with Mag Pellet; so long as the basic terms of the agreements are continued with them.  Attorney Loy stated that even though there are issues with the $5.25 million still owned on real estate and personal property taxes, there is a default declared in the original agreements so in affect we are starting over.

Attorney Loy presented a resolution that approves a Settlement Agreement with ERP Iron Ore, a First Amendment to Loan Agreement between ERP Iron Ore, Mag Pellet and the County and a First Amendment to Trust Indenture, which is between the County and Old National Trust Company.  The resolution basically states that these documents will allow ERP to assume the tax indebtedness of Mag Pellet, employ 105 employees by June 1, have the plant operating and pay the back taxes overtime.  All of these agreements are conditioned on ERP and Mag Pellet closing on a deal by the end of 2016.

Commissioner Heimlich asked if there were any questions from anyone.  No response.

  • Commissioner Diener made a motion to approve Resolution No. 16-12-27-03, approving agreements (First Amendment to Loan Agreement, Settlement Agreement – White County, First Amendment to Trust Indenture,) with ERP Iron Ore, LLC and certain other matters in connection therewith, seconded by Commissioner Burton. Vote:  Unanimous

RESOLUTION NO. 16-12-27-03

RESOLUTION OF THE BOARD OF COMMISSIONERS OF WHITE COUNTY, INDIANA

APPROVING AGREEMENTS WITH ERP IRON ORE, 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, County issued its Taxable Economic Development Revenue Bonds, Series 2013 (Mag Pellet, LLC Project) (the “Bonds”) pursuant to a Trust Indenture, between the County and Old National Trust Company (the “Trustee”), dated as of June 1, 2013 (the “Indenture”);

WHEREAS, the County loaned the proceeds of the Bonds to Mag Pellet, LLC (“Mag Pellet”) pursuant to a Loan Agreement, between the County and the Company, dated as of June 1, 2013 (the “Loan Agreement”) to finance a portion of the costs of the construction and equipping of an iron ore pellet manufacturing facility (the “Facility”);

WHEREAS, on May 5, 2015, Mag Pellet and certain affiliated entities (collectively, the “Companies”) filed voluntary petitions under chapter 11 of title 11 of the United States Code, commencing cases (the “Bankruptcy Cases”) in the United States Bankruptcy Court for the District of Minnesota (the “Bankruptcy Court”), which cases are jointly administered under the caption In re Magnetation LLC, et al., 15-50307 (WJF) (Bankr. D. Minn.);

WHEREAS, on December 6, 2016, the Companies entered into an Asset Purchase Agreement to sell substantially all of their remaining assets to ERP Iron Ore, LLC (“ERPI”),  (the “APA”), and on that same day filed a motion to approve the sale to ERPI and for related relief (the “Motion”);

WHEREAS, the County filed an objection to the Motion; and

WHEREAS, to resolve its objections to the Motion and provide for the operation of the Facility, the Board desires to approve the execution of a Settlement Agreement – White County, between ERPI and the County (the “Settlement Agreement”), as well as a First Amendment to Trust Indenture, between the County and the Trustee, amending the Indenture (the “First Amendment to Trust Indenture”) and a First Amendment to Loan Agreement, among the County, Mag Pellet, and ERPI, amending the Loan Agreement (the “First Amendment to Loan Agreement”).

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 Settlement Agreement are in the best interests of the County and its citizens. The Board is authorized and directed to execute the Settlement 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 First Amendment to Trust Indenture are in the best interests of the County and its citizens. The Board is authorized and directed to execute the First Amendment to Trust Indenture, 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 First Amendment to Loan Agreement are in the best interests of the County and its citizens. The Board is authorized and directed to execute the First Amendment to Loan 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 of the County, 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.

LIABILITY & WORKERS COMP. RENEWAL FOR 2017

Phil Baer, Heiny Insurance, presented a renewal quote from Travelers Insurance for the county’s 2017 property, general liability, auto liability and workers compensation coverage.

2017 rates from Travelers are as follows:

Property $41,650

General Liability $85,842

Cyber Liability $     927

Auto Liability $68,566

Umbrella/Excess Liability $13,716

  • Commissioner Burton made a motion to accept the recommendation for the 2017 property, general liability, auto liability and workers compensation coverage with Travelers Insurance, seconded by Commissioner Diener. Vote:  Unanimous

HIGHWAY DEPT. – LEASE

Highway Superintendent Mike Kyburz presented a 4 year lease agreement for a 2017 Case 621G Wheel Loader.  He explained that this was an emergency purchase because the old loader broke down during a recent ice storm.  He said that he contacted several companies for a loader and this was the only company that provided a proposal and a machine that was available now.

The lease agreement with an option to buy the loader will be four annual payments of $30,023.10.  Superintendent Kyburz would like to use the funds out of the right-of-way fees to pay for the machine.  The actual cost of the loader is $155,000, but with a trade-in the cost comes down to $138,000.

  • Commissioner Diener made a motion to enter into a lease agreement for a 2017 Case Wheel Loader for the Highway Dept., as presented, seconded by Commissioner Burton. Vote:  Unanimous

BOARD OF FINANCE – APPOINTMENT

  • Commissioner Burton made a motion to appoint Councilman Butch Kramer to the Board of Finance as a non-voting member for a 1 year term, 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:  _________________________