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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, January 18, 2010, at 8:00 a.m. in the White County Building, 2nd floor, Commissioners’ conference room.

Commissioners present were: President John C. Heimlich, Vice President Steve Burton, and Commissioner Ron Schmierer. Also present was the White County Auditor Jill Guingrich, White County Attorney George Loy, and the Commissioners Secretary Donya Tirpak.

MINUTES

  • Commissioner Schmierer made a motion to approve the minutes from the regular meeting on January 4, 2010, seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

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

CLAIMS

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

NWISWD - APPOINTMENT

  • Commissioner Schmierer made a motion to approve the appointments of Bill Smith, Dave Kelly, and Butch Kramer to the Northwest Indiana Solid Waste District Board of Directors, seconded by Commissioner Burton. Vote: Unanimous

AIRPORT – APPOINTMENT

  • Commissioner Burton made a motion to appoint Philip Gutwein to the White County Board of Aviation for a four-year term beginning January 1, 2010, and expiring December 31, 2013, seconded by Commissioner Schmierer. Vote: Unanimous

AREA PLAN

White County Area Plan Director Joe Rogers said that a public meeting with the Area Plan Commission was held on January 11, 2010, discussing several items of consideration. They are now coming before the Commissioners for final approval.

Chapter 13 – Revised

The revision to Chapter 13 was presented to the Area Plan Commission at their January 11, 2010, meeting. The APC voted to recommend revised Chapter 13 to the Commissioners by a vote of 9 yes and 0 no.

Mr. Rogers explained that the reason for the revised chapter was to get the county ordinance compatible with the state statute and with the fine schedule. In addition, they did clean up the language because there was a lot of duplication and two sections added (13.0.5 Right of Entry, 13.0.6 Stop Work Order).

  • Commissioner Burton made a motion to approve Ordinance No. 10-01-18-01 revising Chapter 13 of the White County Zoning Ordinance, as presented, seconded by Commissioner Schmierer. Vote: Unanimous

Amend Chapter 3, 4, & 14

Mr. Rogers presented the second set of amendments proposed to the Area Plan Commission on January 11, 2010, for Chapters 3, 4, & 14 in the White County Zoning Ordinance. The APC voted to recommend the proposed amendments to Chapters 3, 4, & 14 to the Commissioners by a vote of 9 yes and 0 no. The changes dealt with RV clarification.

· Commissioner Schmierer made a motion to approve Ordinance #10-01-18-02 amending Chapter 3 & Chapter 4 in the White County Zoning Ordinance dealing with RV’s and addition to the definition changes to Chapter 14, as presented, seconded by Commissioner Burton. Vote: Unanimous

Hearing Officer

Mr. Rogers also updated the Commissioners that the BZA and the APC has spent a lot of time this month putting together an ordinance for a Hearing Officer, which will allow hearing certain variances. This person will be more user friendly for the public versus the standard process that we currently use. The county ordinance does allow for the assignment of a Hearing Officer if the APC desires to do so.

The APC needs to establish a set of rules for this person to operate. These rules will consist of: what kind of variances is he/she allowed to hear, conflict of interest, public notification, meeting minutes, etc. These are all rules that will be adopted by the board and approved. The APC will appoint the person and then the Commissioners will have to make the final approval.

HEALTH DEPT. – GRANTS

Ed Gutwein, Bio-Terrorism Coordinator, presented two grants from the Indiana Department of Health to the Commissioners for their approval.

The first grant is the Preparedness Grant, which is one that the county has had for a number of years. The grant application does come with an Attachment A, which breaks down the activities that will be spearheaded by Mr. Gutwein. The grant is for $10,000 and it is good until August 9, 2010. Mr. Gutwein will work with the White County Health Dept. to maintain readiness of the Mass Prophylaxis Plan, work with the District 4 Team, and ensure that the requirements of Attachment A are satisfied.

The second grant is the Medical Reserve Corps (MRC) grant for $5,000. The grant application does come with an Attachment A, which breaks down the activities that will also be spearheaded by Mr. Gutwein. Mr. Gutwein will work to identify volunteers that have been a part of the White County MRC and who are currently active in assisting the White County Health Department and the H1N1 clinics. He will work with these volunteers to define the advantages of the State’s program Emergency System for Advance Registration of Volunteer Health Professionals and assist those interested in registering to become a part of the registry.

· Commissioner Schmierer made a motion to approve the two grant agreements for the Health Department as presented, seconded by Commissioner Burton. Vote: Unanimous

REPORTS

At this time, White County Council President Richard “Buzz” Horton called the Council members to order in joint session with the Commissioners. Council members present were:

President Richard “Buzz” Horton Raymond “Butch” Kramer Bruce Clear

Gary Hendryx Denny Carter Denny Cain

Kevin “Casey” Crabb

COUNCIL ON AGING

Council on Aging Director Gale Spry submitted the 4th quarter contracts showing that she will be reimbursed $19,418 for transportation. For the year 2009, she reported that she was reimbursed $93,473 from the Federal share and $36,970 from the State share.

Mrs. Spry’s year-end report showed that they had 17,709 trips that were made, which is down from 18,971 in 2008. Their total expenses for 2009 were $214,241.

Mrs. Spry said that they did receive $150,000 from stimulus money to purchase three new vehicles this year.

ENVIRONMENTAL OFFICER

Environmental Officer John Raines presented the Violation & Complaint Report for December 2009.

BUILDING INSPECTOR

White County Building Inspector Dave Anderson reported that twenty-one permits were issued last month; two of them were for new homes.

E-911

Director Terri Conwell reported that she was fully staffed all year in 2009. Terri discussed the money that she was able to put back into the county at the end of 2009. The new radio equipment has been ordered but it has not come in yet.

RECYCLE

White County Recycling Director Dawn Girard presented a year-end-report for 2009. A copy of the report is kept on file in the Commissioners’ office.

VETERAN’S DEPT.

Tom Carter, Director, reported that in 2008 the Veteran’s Department brought in $5.2 million dollars for veterans. Two million was brought in for compensation and pension, $113,000 brought in for education benefits, and $2.7 million for medical care.

ECONOMIC DEVELOPMENT

Connie Neininger, Director, presented her Director’s Report for December’s activities.

Mrs. Neininger reported that ConAgra, Brookston, is looking at the possibilities of expanding. Synergy Lime Plant, Monon, did have their public hearing with IDEM in December and everything went very well.

Connie said that she has been working with Horizon Wind on Phases III, IV, and V.

The Economic Development organization is holding their 25th Anniversary celebration at their annual luncheon on Friday, February 26, 2010, at the Brandywine.

HOSPITAL REPORT

White County Memorial Hospital CEO, Paul Cardwell, presented the Financial Analysis for December 2009.

Mr. Cardwell reported that the year did end pretty well for them even though there was such a tough economy. For year-end, they wanted to get the gross revenue to $50 million but they ended at $48.5 million.

The bad debt for 2009 ended at $3.3 million and they are not really seeing an end to that. Two other significant changes in the financials were the depreciation ($1.7 million every month) and the interest payments ($1.8 million every month). The ER charges increased from $12.2 million to $17.5 million and outpatient services increased from $19.8 million to $21.5 million.

Overall, Mr. Cardwell felt that the hospital held its own in 2009, finishing the year with $7.2 million.

OLD HOSPITAL PROPERTY

Commissioner Heimlich said that last year he was informed that the hospital was no longer interested in the old hospital property. At that time, discussions were made to see who legally owns the property, how the property can be transferred, and what the county is going to do with the property.

Commissioner Heimlich said that a committee consisting of hospital representatives, council and commissioners, and a representative of Ivy Tech was formed to discuss these issues. He said that they did find out that the property consisted of 8.6 acres and an 88,000 square foot building, which sits in the middle of a residential area.

During the committee meeting, hospital representatives did say that it was costing them about $200,000 to provide heating and water for the sprinkler system last year. This is definitely not something that they would like to continue to pay and they requested if the county would split the cost with them this year.

Commissioner Heimlich said that when he checked with Rick Hall, Barnes & Thornburg, about the ownership of the old hospital, he had found out that it could be the hospital’s or the county’s. An agreement for the new hospital says that anything done with the old hospital must be approved by the commissioners, the council, and the hospital board.

A short discussion was held on whether or not the property should be appraised. White County Attorney George Loy felt that the property does need to be appraised, if nothing more than what the 8.5 acres is worth.

White County Economic Development Director, Connie Neininger, said that the one party that was interested in the building would not be able to use the whole facility. The other party was a not-for-profit organization that wanted the building donated so they could use their funds to rehabilitate the building.

Commissioner Heimlich said that if they decide to demolish the building, there is a grant available up to $500,000 through K-IRPC.

Councilman Kramer said that he wasn’t in favor of giving the property or building away unless there were major benefits to the county. He would rather see the county put it on the tax rolls and get something out of it.

Councilman Horton said that the county could possibly chip in on the bills from the cumulative building fund. Commissioner Heimlich said that they would not let this drag on; we will keep working on this.

· Commissioner Schmierer made a motion that we have an appraisal on the old hospital as soon as possible, seconded by Commissioner Burton. Vote: Unanimous

PROPOSED AGREEMENTS FOR MEADOW LAKE WIND FARM- PHASES III, IV, V

White County Economic Development Director Connie Neininger presented agreements for Phases III, IV, and V, of Meadow Lake Wind farm.

PHASE III

Mrs. Neininger explained that in the Economic Development Agreement for Phase III, there will be 69 (1.5-megawatt) turbines that will produce 103.5 megawatts. The total estimated cost will be $236 million of capital investment into the project. There will be 12 turbines in Prairie Township and 57 turbines in Round Grove Township, covering approximately 19,500 acres.

Negotiations have been made with Horizon Wind proposing an Economic Development payment of $22,500 per megawatt, totaling $2,328,750. This will be paid out in five payments ($450,000) over four years. To cover administrative cost during the negotiations, $80,000 (from the $2.3 million) will be paid out when the documents are signed.

White County Attorney George Loy said that he has distributed a resolution for both the Council and Commissioners approval to authorize the Economic Development Agreement and the Road Use Agreements.

Connie also discussed the Road Use Agreement for Phase III specifying a $450,000 bond to cover any road damage from transporting the turbines, decreasing by half after the first year and released after two years.

· Commissioner Schmierer made a motion to adopt Resolution 10-01-18-03 approving the Economic Development Agreement and Road Use Agreement with Meadow Lake Wind Farm, LLC for Phase III, seconded by Commissioner Heimlich. Vote: 2 Yes and 0 No and 1 Abstained (Burton)

RESOLUTION # 10-01-18-03

RESOLUTION OF THE BOARD OF COMMISSIONERS OF WHITE COUNTY,

INDIANA APPROVING ECONOMIC DEVELOPMENT AGREEMENT AND

ROAD USE AGREEMENT WITH MEADOW LAKE WIND FARM III LLC

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

WHEREAS, Meadow Lake Wind Farm III LLC (the “Company”) is developing a wind-powered electric generating facility to be located in White County, Indiana, consisting of wind turbines, underground electrical systems, access roads, lay-down and staging yards, and construction and related facilities, in what are expected to be five phases of development totaling approximately 600 megawatts of generating capacity, the third phase of which has a planned nameplate capacity of up to 103.5 megawatts and will consist of approximately 69 wind turbines ( “Project”); and,

WHEREAS, the Company plans to invest approximately Two Hundred Thirty-Six Million Dollars ($236,000,000.00) in equipment and real estate improvements in the County in completion of the Project and expects to create approximately 13 jobs; and,

WHEREAS, the Company has requested assistance with the completion of certain road improvements, 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 this date (“Economic Development Agreement”), pursuant to which certain incentives will be provided to the Company in exchange for its commitment to complete the Project and 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 the Agreement for Use, Repair and Improvement of Roads, and Repair of Drainage Facilities, between the County and the Company, a form of which has been presented to the Board on this date (“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.

NOW, THEREFORE, BE IT HEREBY 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 White County Council 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 White County is hereby authorized and directed to attest the execution of the same, with such amendments or 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 amendments or modifications.

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 White County is hereby authorized and directed to attest the execution of such agreement, with such amendments 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 amendments or modifications.

3. The members of the White County Council, the Board, the Auditor of White 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.

4. This Resolution shall be in full force and effect from and after its adoption.

· Councilman Kramer made a motion to adopt Resolution # 2010-01-18-01 approving the Economic Development Agreement and Road Use Agreement with Meadow Lake Wind Farm, LLC, for Phase III, seconded by Councilman Crabb. Vote: 5 Yes and 0 No and 2 Abstained (Carter & Cain)

RESOLUTION # 2010-01-18-01

RESOLUTION OF THE COUNTY COUNCIL OF WHITE COUNTY, INDIANA

APPROVING ECONOMIC DEVELOPMENT AGREEMENT AND ROAD USE

AGREEMENT WITH MEADOW LAKE WIND FARM III LLC

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

WHEREAS, Meadow Lake Wind Farm III LLC (the “Company”) is developing a wind-powered electric generating facility to be located in White County, Indiana, consisting of wind turbines, underground electrical systems, access roads, lay-down and staging yards, and construction and related facilities, in what are expected to be five phases of development totaling approximately 600 megawatts of generating capacity, the third phase of which has a planned nameplate capacity of up to 103.5 megawatts and will consist of approximately 69 wind turbines ( “Project”); and,

WHEREAS, the Company plans to invest approximately Two Hundred Thirty-Six Million Dollars ($236,000,000.00) in equipment and real estate improvements in the County in completion of the Project and expects to create approximately 13 jobs; and,

WHEREAS, the Company has requested assistance with the completion of certain road improvements, 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 this date (“Economic Development Agreement”), pursuant to which certain incentives will be provided to the Company in exchange for its commitment to complete the Project and to make certain economic development payments, and to take certain other actions with respect to the Project; and,

WHEREAS, the Council desires to approve the execution of the Agreement for Use, Repair and Improvement of Roads, and Repair of Drainage Facilities, between the County and the Company, a form of which has been presented to the Council on this date (“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.

NOW, THEREFORE, BE IT HEREBY 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 White County Council and the Board of Commissioners are authorized and directed to execute the Economic Development Agreement, in the name and on behalf of the County, and the Auditor of White County is hereby authorized and directed to attest the execution of the same, with such amendments or 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 amendments or modifications.

2. The Council hereby finds that the execution and delivery of the Road Use Agreement are in the best interests of the County and its citizens. The Council is authorized and directed to execute the Road Use Agreement, in the name and on behalf of the County, and the Auditor of White County is hereby authorized and directed to attest the execution of such agreement, with such amendments 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 amendments or

modifications.

3. The members of the Council, the White County Board of Commissioners, the Auditor of White 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.

4. This Resolution shall be in full force and effect from and after its adoption.

To finish Phase III, Connie presented the Decommissioning Agreement, which sets a bond in the event the wind farm is decommissioned and Horizon doesn’t remove the turbines. The bond starts out at $500,000 for the first five years, increasing to $2 million in years 14 to 29.

  • Commissioner Schmierer made a motion to approve the Decommissioning Agreement for Phase III, seconded by Commissioner Heimlich. Vote: 2 Yes and 0 No and 1 Abstained (Burton)

PHASE IV

The Economic Development Agreement for Phase IV states that there will be 47 (2.1-megawatt) turbines located in West Point Township producing 98.7 megawatts. The total estimated capital investment into the project is $188.4 million. White County will receive $22,500 per megawatt, which totals $2,220,750. Eighty thousand dollars will also be paid up front for administrative cost, and five payments of $428,150 will be paid to the county. Construction is expected to start March 1 with a completion date in October 2010.

Connie also presented the Road Use Agreement for Phase IV, which provides a bond for $600,000, and 60 days after the final delivery of turbines, it will decrease to $330,000. This will remain for two years after completion of construction of the project.

  • Commissioner Schmierer made a motion to approve Resolution # 10-01-18-04 approving the Economic Development Agreement and Road Use Agreement with Meadow Lake Wind Farm, LLC, for Phase IV, seconded by Commissioner Heimlich. Vote: 2 Yes and 0 No and 1 Abstained (Burton)

RESOLUTION #10-01-18-04

RESOLUTION OF THE BOARD OF COMMISSIONERS OF WHITE COUNTY,

INDIANA APPROVING ECONOMIC DEVELOPMENT AGREEMENT AND

ROAD USE AGREEMENT WITH MEADOW LAKE WIND FARM IV LLC

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

WHEREAS, Meadow Lake Wind Farm IV LLC (the “Company”) is developing a wind-powered electric generating facility to be located in White County, Indiana, consisting of wind turbines, underground electrical systems, access roads, lay-down and staging yards, and construction and related facilities, in what are expected to be five phases of development totaling approximately 600 megawatts of generating capacity, the fourth phase of which has a planned nameplate capacity of up to 98.7 megawatts and will consist of approximately 47 wind turbines ( “Project”); and,

WHEREAS, the Company plans to invest approximately One Hundred Eighty-Eight Million Four Hundred Thousand Dollars ($188,400,000.00) in equipment and real estate improvements in the County in completion of the Project and expects to create approximately 10 jobs; and,

WHEREAS, the Company has requested assistance with the completion of certain road improvements, 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 this date (“Economic Development Agreement”), pursuant to which certain incentives will be provided to the Company in exchange for its commitment to complete the Project and 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 the Agreement for Use, Repair and Improvement of Roads, and Repair of Drainage Facilities, between the County and the Company, a form of which has been presented to the Board on this date (“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.

NOW, THEREFORE, BE IT HEREBY 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 White County Council 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 White County is hereby authorized and directed to attest the execution of the same, with such amendments or 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 amendments or modifications.

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 White County is hereby authorized and directed to attest the execution of such agreement, with such amendments 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 amendments or modifications.

3. The members of the White County Council, the Board, the Auditor of White 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.

4. This Resolution shall be in full force and effect from and after its adoption.

  • Councilman Carter made a motion to approve Resolution # 2010-01-18-02 approving the Economic Development Agreement and Road Use Agreement with Meadow Lake Wind Farm, LLC, for Phase IV, seconded by Councilman Hendryx. Vote: Unanimous (7 Yes and 0 No)

RESOLUTION # 2010-01-18-02

RESOLUTION OF THE COUNTY COUNCIL OF WHITE COUNTY, INDIANA

APPROVING ECONOMIC DEVELOPMENT AGREEMENT AND ROAD USE

AGREEMENT WITH MEADOW LAKE WIND FARM IV LLC

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

WHEREAS, Meadow Lake Wind Farm IV LLC (the “Company”) is developing a wind-powered electric generating facility to be located in White County, Indiana, consisting of wind turbines, underground electrical systems, access roads, lay-down and staging yards, and construction and related facilities, in what are expected to be five phases of development totaling approximately 600 megawatts of generating capacity, the fourth phase of which has a planned nameplate capacity of up to 98.7 megawatts and will consist of approximately 47 wind turbines ( “Project”); and,

WHEREAS, the Company plans to invest approximately One Hundred Eighty-Eight Million Four Hundred Thousand Dollars ($188,400,000.00) in equipment and real estate improvements in the County in completion of the Project and expects to create approximately 10 jobs; and,

WHEREAS, the Company has requested assistance with the completion of certain road improvements, 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 this date (“Economic Development Agreement”), pursuant to which certain incentives will be provided to the Company in exchange for its commitment to complete the Project and to make certain economic development payments, and to take certain other actions with respect to the Project; and,

WHEREAS, the Council desires to approve the execution of the Agreement for Use, Repair and Improvement of Roads, and Repair of Drainage Facilities, between the County and the Company, a form of which has been presented to the Council on this date (“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.

NOW, THEREFORE, BE IT HEREBY 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 White County Council and the Board of Commissioners are authorized and directed to execute the Economic Development Agreement, in the name and on behalf of the County, and the Auditor of White County is hereby authorized and directed to attest the execution of the same, with such amendments or 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 amendments or modifications.

2. The Council hereby finds that the execution and delivery of the Road Use Agreement are in the best interests of the County and its citizens. The Council is authorized and directed to execute the Road Use Agreement, in the name and on behalf of the County, and the Auditor of White County is hereby authorized and directed to attest the execution of such agreement, with such amendments 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 amendments or

modifications.

3. The members of the Council, the White County Board of Commissioners, the Auditor of White 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.

4. This Resolution shall be in full force and effect from and after its adoption.

The Decommissioning Agreement for Phase IV sets the bond requirements at $500,000 for the first five years and increases to $1.5 million for years 14-29.

  • Commissioner Schmierer made a motion to approve the Decommissioning Agreement with Meadow Lake Wind Farm, LLC, for Phase IV, seconded by Commissioner Heimlich. Vote: 2 Yes and 0 No and 1 Abstained (Burton)

PHASE V

The Economic Development Agreement for Phase V will put in 48 (2.1-megawatt) turbines that will produce 100.8 megawatts. Four turbines will be in Big Creek Township and forty-four turbines in West Point Township. The total capital investment from Horizon will be $192.5 million. The total economic development payments will be $2,268,000. Once again, the county will receive $80,000 upfront for administrative fees and five payments of $437,600.

The Road Use Agreement for Phase V will start out at $840,000, and sixty-days after the final delivery it will decrease to $462,000 and it will remain in place for two years after the completion date.

  • Commissioner Schmierer made a motion to approve Resolution # 10-01-18-05 approving the Economic Development Agreement and the Road Use Agreement with Horizon Wind Energy, LLC, for Phase V, seconded by Commissioner Heimlich. Vote: 2 Yes and 0 No and 1 Abstained (Burton)

RESOLUTION 10-01-18-05

RESOLUTION OF THE BOARD OF COMMISSIONERS OF WHITE COUNTY,

INDIANA APPROVING ECONOMIC DEVELOPMENT AGREEMENT AND

ROAD USE AGREEMENT WITH MEADOW LAKE WIND FARM V LLC

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

WHEREAS, Meadow Lake Wind Farm V LLC (the “Company”) is developing a wind-powered electric generating facility to be located in White County, Indiana, consisting of wind turbines, underground electrical systems, access roads, lay-down and staging yards, and construction and related facilities, in what are expected to be five phases of development totaling approximately 600 megawatts of generating capacity, the fifth phase of which has a planned nameplate capacity of up to 100.8 megawatts and will consist of approximately 48 wind turbines ( “Project”); and,

WHEREAS, the Company plans to invest approximately One Hundred Ninety-Two Million Five Hundred Thousand Dollars ($192,500,000.00) in equipment and real estate improvements in the County in completion of the Project and expects to create approximately 9 jobs; and,

WHEREAS, the Company has requested assistance with the completion of certain road improvements, 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 this date (“Economic Development Agreement”), pursuant to which certain incentives will be provided to the Company in exchange for its commitment to complete the Project and 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 the Agreement for Use, Repair and Improvement of Roads, and Repair of Drainage Facilities, between the County and the Company, a form of which has been presented to the Board on this date (“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.

NOW, THEREFORE, BE IT HEREBY 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 White County Council 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 White County is hereby authorized and directed to attest the execution of the same, with such amendments or 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 amendments or modifications.

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 White County is hereby authorized and directed to attest the execution of such agreement, with such amendments 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 amendments or modifications.

3. The members of the White County Council, the Board, the Auditor of White 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.

4. This Resolution shall be in full force and effect from and after its adoption.

  • Councilman Kramer made a motion to approve Resolution # 2010-01-18-03 approving the Economic Development Agreement and the Road Use Agreement with Horizon Wind Energy, LLC, for Phase V, seconded by Commissioner Carter. Vote: Unanimous (7 Yes and 0 No)

RESOLUTION # 2010-01-18-03

RESOLUTION OF THE COUNTY COUNCIL OF WHITE COUNTY, INDIANA

APPROVING ECONOMIC DEVELOPMENT AGREEMENT AND ROAD USE

AGREEMENT WITH MEADOW LAKE WIND FARM V LLC

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

WHEREAS, Meadow Lake Wind Farm V LLC (the “Company”) is developing a wind-powered electric generating facility to be located in White County, Indiana, consisting of wind turbines, underground electrical systems, access roads, lay-down and staging yards, and construction and related facilities, in what are expected to be five phases of development totaling approximately 600 megawatts of generating capacity, the fifth phase of which has a planned nameplate capacity of up to 100.8 megawatts and will consist of approximately 48 wind turbines ( “Project”); and,

WHEREAS, the Company plans to invest approximately One Hundred Ninety-Two Million Five Hundred Thousand Dollars ($192,500,000.00) in equipment and real estate improvements in the County in completion of the Project and expects to create approximately 9 jobs; and,

WHEREAS, the Company has requested assistance with the completion of certain road improvements, 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 this date (“Economic Development Agreement”), pursuant to which certain incentives will be provided to the Company in exchange for its commitment to complete the Project and to make certain economic development payments, and to take certain other actions with respect to the Project; and,

WHEREAS, the Council desires to approve the execution of the Agreement for Use, Repair and Improvement of Roads, and Repair of Drainage Facilities, between the County and the Company, a form of which has been presented to the Council on this date (“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.

NOW, THEREFORE, BE IT HEREBY 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 White County Council and the Board of Commissioners are authorized and directed to execute the Economic Development Agreement, in the name and on behalf of the County, and the Auditor of White County is hereby authorized and directed to attest the execution of the same, with such amendments or 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 amendments or modifications.

2. The Council hereby finds that the execution and delivery of the Road Use Agreement are in the best interests of the County and its citizens. The Council is authorized and directed to execute the Road Use Agreement, in the name and on behalf of the County, and the Auditor of White County is hereby authorized and directed to attest the execution of such agreement, with such amendments 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 amendments or modifications.

3. The members of the Council, the White County Board of Commissioners, the Auditor of White 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.

4. This Resolution shall be in full force and effect from and after its adoption.

The Decommissioning agreements for Phase V start the bond amount at $500,000 and increases to $1.5 million in years 14-29.

  • Commissioner Schmierer made a motion to approve the Decommissioning Agreement with Meadow Lake Wind Farm, LLC, for Phase V, seconded by Commissioner Heimlich. Vote: 2 Yes and 0 No and 1 Abstained (Burton)

PHASE I - ROAD USE AGREEMENT BOND

Commissioner Heimlich presented the Road Use Permit Performance Bond with Meadow Lake Wind Farm LLC, for Phase I. They are requesting to lower the bond from $5 million to $2 million.

White County Highway Superintendent Steve Brooke gave his approval.

  • Commissioner Schmierer made a motion to accept the “decrease rider” to lower the bond amount from $5 million to $2 million for Phase I, seconded by Commissioner Heimlich. Vote: 2 Yes and 0 No and 1 Abstained (Burton)

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

__________________________ _____________________________ _______________________

John C. Heimlich, President Steve Burton, Vice President Ronald Schmierer, Member

ATTEST: _________________________

Jill Guingrich, Auditor