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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, July 16, 2018, in 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 Auditor Gayle Rogers, White County Attorney George Loy, and Commissioners’ Assistant Donya Tirpak.

Commissioner Heimlich called the meeting to order.

MINUTES

· Commissioner Diener made a motion to approve the minutes from the regular meeting held on July 2, 2018, and the Executive Session held on June 18, 2018, seconded by Commissioner Heimlich. Vote: Unanimous

PAYROLL

· Commissioner Burton made a motion to approve payroll for July 16, 2018, seconded by Commissioner Diener. Vote: Unanimous

CLAIMS

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

AREA PLAN

Director Colin Betts presented Rezoning Petition #1085.

Janice J. Williams is requesting to rezone 10.712 acres from an R-1 (Single-Family Residential District) to an RR (Rural Residential District). The property is located at 3262 W. 850 N., Monon. She is requesting to rezone so she can sell the property.

The Area Plan Commission held a public hearing on July 9, 2018, regarding this petition. The APC voted 7 yes and 0 no to recommend this rezoning to the commissioners. There were no objections at the hearing.

Commissioner Heimlich asked if there was anyone present to speak about this request.

Janice Williams was present for any questions.

Being a previous employee in the Area Plan department for several years, Auditor Rogers remembered the history of this parcel and said that the zoning is an A-1. She explained that at one time Manatron had a glitch in their software where they lost a lot of the zonings on parcels. This parcel was entered incorrectly as an R-1 when it actually should be listed as an A-1. She asked if the property needs to be rezoned.

Director Betts said that RR is primarily residential, but it can still have agricultural uses.

· Commissioner Diener made a motion to approve rezone petition # 1085, (Ordinance #600-18) rezoning 10.712 acres from an R-1 to an RR, seconded by Commissioner Burton. Vote: Unanimous

IVY TECH LEASE

Commissioner Heimlich submitted a copy of the Memorandum of Understanding from Ivy Tech, which will be put into lease form, for Ivy Tech to lease space at 1017 O’Connor Blvd, Monticello location.

· Commissioner Burton made a motion to approve a lease agreement with Ivy Tech, seconded by Commissioner Diener. Vote: Unanimous

SURVEYOR – GPS EQUIPMENT

White County Surveyor Brad Ward requested permission to purchase new GPS equipment. He has the money in his budget to replace the current equipment that is 12 years old.

· Commissioner Diener made a motion to allow the Surveyor to purchase new GPS equipment, seconded by Commissioner Burton. Vote: Unanimous

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 Bruce Clear Denny Carter Art Anderson

Jim Annis Jim Davis Casey Crabb

HIGHWAY DEPARTMENT

Superintendent Mike Kyburz reported that everything is going well and the department is very busy right now with chip-and-seal.

ECONOMIC DEVELOPMENT

President Randy Mitchell submitted the Business Summary for July.

Mr. Mitchell continues to work with leads. A new Dollar General Store has opened up in Buffalo, and now another one might open in Burnettsville.

BUILDING DEPARTMENT

Director Colin Betts reported 37 permits were issued in June, one of them was for a new home.

COUNCIL ON AGING

Director Gale Spry presented a copy of the Quarterly Operating Financial Status Report.

Director Spry said that they feel really busy this year, but for some reason, they’ve made 973 fewer trips this year compared to last year.

AIRPORT

Chad Baumgartner, board member, reported that the open house was a success for the Airport this year.

Thanks to the FAA Reauthorization Act of 2018, Mr. Baumgartner said that the south taxiway project will now be 100% funded. The funding will not include the cost of the new fuel farm or the cost of rebidding the project. That cost will still have to be paid up front by the county.

Mr. Baumgartner submitted the results from the public hearing on which road design the public preferred for the new Luse Road. He asked the commissioners to decide on which design they preferred so that they can move forward with the project. The federal government will be paying the bulk of the cost, and the county will have to put in around $30,000 difference.

Commissioner Heimlich broke down the cost of the designs:

Option A: $750,000 + Land Acquisitions

Option B: $1.3 million + Land Acquisitions

Option C: $1.4 million + Land Acquisitions

Option D: $1.1 million + Land Acquisitions

Commissioner Diener suggested that they table the discussion to the next joint meeting in August so he can have a chance to talk with public safety personnel (fire, ambulance, snow removal) to hear what their input would be on the best road design.

E-911

Director Terri Brooks reported that Motorola is going to extend the contract discount until the end of August to give White County more time to decide on whether we want to build our tower or lease tower space.

Commissioner Diener pointed out that paying $1,700/month in rent, with a 3% increase every year for the next 20 years will cost more than building our own. If the county builds their own, the payoff could be less than ten years. Not to mention the opportunity of leasing out space to recover the cost. He feels that discounts will be available once we’re ready to sign a contract. He said more time needs to be spent on this rather than quickly signing a 20-year lease.

Commissioner Burton agreed that they need to research what the approximate cost of a new tower would be and a location.

Attorney Loy recommended Director Brooks contact the Public Safety Commission because they bid out towers quite often.

This discussion was tabled until the next joint meeting on August 20, 2018.

AMERESCO – GUARANTEED ENERGY SAVINGS CONTRACT

Mark Heirbrandt and Doug Munz, Amersco, presented the Energy Services Agreement requesting approvals to move forward with the project.

County Attorney George Loy presented a resolution to approve the proposed agreement with Ameresco and detailing that the county has executed all necessary documents and procedures needed for the energy savings project. A Notice to Proceed was also presented.

Commissioner Heimlich asked the Council if they had any questions or comments.

Councilman Anderson asked what fund they were going to use to pay for the project.

Commissioner Burton discussed how protective he has always been with the money from the Landfill Reserve Fund but felt that this was a perfect opportunity to draw money out of the fund to make capital improvements to the main building owned by the county, the courthouse. Hopefully, we won’t have to deal with these projects again in our lifetime. The money will be paid back with incentive funds.

Commissioner Diener mentioned how fortunate we are to have the funds to pay for the project and an opportunity to receive incentives for updating our building that’s now 44 years old.

· Commissioner Diener made a motion to approve Resolution No. 18-07-16-01 regarding approval of an Energy Services Agreement with Ameresco, Inc., and authorizing execution of such other documents, and the taking of all other necessary action in connection therewith, seconded by Commissioner Burton. Vote: Unanimous

RESOLUTION NO. 18-07-16-01

RESOLUTION OF THE WHITE COUNTY BOARD OF COMMISSIONERS REGARDING APPROVAL OF AN ENERGY SERVICES AGREEMENT

WITH AMERESCO, INC., AND AUTHORIZING EXECUTION OF SUCH

OTHER DOCUMENTS, AND THE TAKING OF ALL OTHER

NECESSARY ACTION IN CONNECTION THEREWITH

WHEREAS, White County, Indiana, acting by and through the White County Board of Commissioners (“County”), issued a Request for Proposals (“RFP”) on August 21, 2017, for conservation measures through a utility efficiency program and guaranteed savings contract, pursuant to I.C. 36-1-12.5 (the “Act”); and

WHEREAS, the County accepted the proposal and Project Design Report (the “Report”) from Ameresco, Inc. (the “Contractor”) on June 18, 2018, for energy conservation and facility improvement measures for the White County Courthouse, County Jail, and County Annex (the “County Facilities”); and

WHEREAS, pursuant to the Report, the Contractor has submitted a proposed Energy Services Agreement (the “Agreement”), for the installation and construction of certain energy conservation measures and improvements (the “Improvements”) for the County Facilities; and

WHEREAS, the County has determined that the amount it would spend on the improvements recommended in the Report and the proposed Agreement is not likely to exceed the amount to be saved in energy consumption costs and other operating costs over twenty (20) years from the date of installation if the recommendation in the Report and Agreement were followed, as provided in Section 5(a)(1) of the Act; and

WHEREAS, the White County Council has approved of the County entering into an energy savings contract, in the manner set forth in the proposed Agreement; and

WHEREAS, in order to provide for the installation and construction of the Improvements, and after careful consideration and review, the County desires to enter into the Agreement with the Contractor, substantially in the form presented to the County on this date, pursuant to which the Contractor will provide a written guarantee that the savings in energy and operating costs due to the Improvements will be greater than the costs of the payments made by the County to the Contractor, and that the Contractor will reimburse the costs to the County for the difference between the guaranteed savings and the actual savings, pursuant to Section 5(d)(3) of the Act; and

WHEREAS, the County deems it beneficial for the efficient and effective administration of the County Facilities to enter into the Agreement, and for the purchase, acquisition, and financing of the equipment and fixtures to be therein more specifically described, and upon the terms and conditions provided therein.

NOW, THEREFORE, BE IT HEREBY RESOLVED, by White County Board of Commissioners as follows:

1. Upon the findings set forth above, the terms of the Energy Services Agreement, and all Attachments thereto, by and between the White County Board of Commissioners and Ameresco, Inc., are in the bests interest of White County and is therefore approved.

2. The President of the White County Board of Commissioners is authorized and directed to execute the Agreement, and the Notice to Proceed, Savings Guarantee, Measurement and Verification Plan; Methodology of Calculating Savings attached to the Agreement, and all other reasonably necessary documents; and, to take all other actions necessary to consummate the transaction under the Agreement.

3. If any section, paragraph, or provision of this Resolution shall, for any reason, be determined to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, or provision shall not affect the validity or enforceability of the remaining provisions of this Resolution.

PURCHASE LAND FROM TOLEDO, PEORIA & WESTERN RAILWAY CORP.

County Attorney Loy presented a resolution approving the commissioners to purchase real

estate and approving a sale agreement with Toledo, Peoria & Western Railway Corporation.

Commissioner Burton made a motion to approve Resolution No. 18-07-16-02 approving real estate purchase and sale agreement with Toledo, Peoria & Western Railway Corporation, seconded by Commissioner Diener. Vote: Unanimous

Resolution No. 18-07-16-02

RESOLUTION OF THE WHITE COUNTY BOARD OF COMMISSIONERS APPROVING REAL ESTATE PURCHASE AND SALE AGREEMENT WITH TOLEDO, PEORIA & WESTERN RAILWAY CORPORATION

WHEREAS, the White County Board of Commissioners is interested in purchasing a certain tract of real estate from the Toledo, Peoria & Western Railway Corp. (“TP&W”), consisting of approximately 9.695 acres, situated in White County, Indiana, and more particularly described on attached Exhibit “A” (the Real Estate”); and,

WHEREAS, the Board of Commissioners have appointed two (2) appraisers professionally engaged in making appraisers or trained as appraisers and licensed as a broker under I.C. 25-24.1, to appraise the fair market value of the real estate, and said appraisers have returned their separate appraisals to the Board of Commissioners; and,

WHEREAS, there has been presented this date to the Board of Commissioners a proposed Purchase and Sale Agreement (“PSA”) for the purchase of the Reas Estate by the County from TP&W for $62,500.00, which is less than the average of said appraisals; and,

WHEREAS, the Board of Commissioners consider it in the best interest of White County to purchase the Real Estate pursuant to the PSA in order to facilitate the development of the Mid-America Commerce Park.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the White County Board of Commissioners is authorized to purchase the Real Estate pursuant to the terms of the Purchase and Sale Agreement, and to execute the PSA and all other documents required, and to take all other appropriate action, to consummate said transaction.

 

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

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

___________________________ _____________________________ __________________________

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

ATTEST: ________________________

Gayle Rogers, Auditor