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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, January 19, 2009, 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 Attorney George Loy, White County Auditor Jill Guingrich, and the Commissioners’ Secretary Donya Tirpak.

Commissioner Heimlich called the meeting to order.

MINUTES

  • Commissioner Schmierer made a motion to accept the minutes as presented from the regular meetings held on December 29, 2008, and January 5, 2009, seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

  • Commissioner Burton made a motion to approve the payroll as presented for January 26, 2009, seconded by Commissioner Schmierer. Vote: Unanimous

APPOINTMENTS 2009 – ADDITIONAL

Commissioner Heimlich announced that there are a couple of appointments that were overlooked at the last meeting and a couple of new ones to boards that will need the Commissioners’ approval.

BOARD OF ZONING APPEALS

  • Commissioner Schmierer made a motion to appoint David Hall, 1751 S. 600 W., Reynolds, to fill the unexpired term of Jerry Thompson on the White County Board of Zoning Appeals which will expire January 2011, seconded by Commissioner Burton. Vote: Unanimous

Commissioner Heimlich discussed a request from the BZA that the Commissioners appoint an alternate person for their appointee. He said that Kevin Kelley, 207 N. Clawil Street, Brookston, has agreed to serve as an alternate on the BZA board.

BZA - ALTERNATE

  • Commissioner Burton made a motion to appoint Kevin Kelley, 207 N. Clawil Street, Brookston, as an alternate in the absence of David Hall on the Board of Zoning Appeals board effective until January 2010, seconded by Commissioner Schmierer. Vote: Unanimous

On behalf of White County, Commissioner Burton expressed his appreciation towards Jerry Thompson for putting in 22 years of service serving on the Board of Zoning Appeals board.

EMA DEPUTY DIRECTOR/Administrative Assitant

  • Commissioner Burton made a motion to appoint Gary D. Mullins as the EMA Deputy Director/Administrative Assistant for 2009, seconded by Commissioner Schmierer. Vote: Unanimous

OTHER APPOINTMENTS

BUILDING COMMISSIONER/INSPECTOR 1 Year

Dave Anderson

ECONOMIC DEVELOPMENT COMMISSION 4 Years

Dave Diener 1/31/13

REDEVELOPMENT COMMISSION 1 Year

Connie Stimmel

Gary Hendryx

Craig LeBeau

Larry Klink

Mark Howard

  • Commissioner Burton made a motion to appoint the Building Inspector, Economic Development Commission, and the Redevelopment Commission appointments as presented, seconded by Commissioner Schmierer. Vote: Unanimous

K-IRPC ~ PROPOSED RESOLUTION FOR WARREN COUNTY

Ed Buswell, K-IRPC, appeared before the Commissioners presenting a Resolution expressing White County’s support to include Warren County within the Kankakee Iroquois Regional Planning Commission’s Federal Economic Development District. Mr. Buswell said that Warren County did make this request last year and the approval has been made by his board and the Governor as well.

Commissioner Heimlich asked if Warren County were a part of another district before. Mr. Buswell confirmed no, that they had someone working for them to do their grant writing.

  • Commissioner Schmierer made a motion to adopt Resolution # 09-01-19-02 Expressing support for the inclusion of Warren County within the K-IRPC Economic Development District, seconded by Commissioner Burton. Vote: Unanimous

RESOLUTION # 09-01-19-02

A RESOLUTION EXPRESSING SUPPORT FOR THE INCLUSION OF WARREN COUNTY WITHIN THE KANKAKEE IROQUOIS REGIONAL PLANNING COMMISSION’S FEDERAL ECONOMIC DEVELOPMENT DISTRICT

WHEREAS, the Public Works and Economic Development Act of 1965, as amended, provides assistance to improve conditions of employment and underemployment, and to establish stable and diversified economies; and

WHEREAS, the Kankakee Iroquois Regional Planning Commission has received authorization, designation and funding from the United States Department of Commerce, Economic Development Administration (EDA) for the purpose of providing economic development-related technical and planning assistance within its six-county district, of which White County is a part; and

WHEREAS, White County is an active member of the Kankakee Iroquois Regional Planning Commission along with Benton, Jasper, Newton, Pulaski, and Starke Counties; and

WHEREAS, Warren County seeks membership in the U.S. Department of Commerce, Economic Development Administration, Economic Development District;

NOW, THEREFORE, BE IT RESOLVED, that the White County Board of Commissioners hereby endorses the economic development efforts of the Kankakee Iroquois Regional Planning Commission and supports the inclusion of Warren County in a new seven county Economic Development District.

Adopted this 19th day of January, 2009.

REMINGTON/WOLCOTT COMMUNITY DEVELOPMENT GRANT

Mr. Buswell, K-IRPC, said that he is currently working with the Remington ~ Wolcott Community Development Corporation for funding to develop an Economic Development Strategy for the Remington/Wolcott area. He requested the Commissioners to sign a letter of support from White County so they can include it with their application.

  • Commissioner Schmierer made a motion to provide a letter of support to the Remington~Wolcott Community Development Corporation for a grant funding the development of an Economic Development Strategy for the Remington/Wolcott area, seconded by Commissioner Burton. Vote: Unanimous

CDC AND FOOD PANTRY REPORTS

Mr. Buswell also presented to the Commissioners semi-annual reports that needed their signatures for the CDC and the White County Food Pantry grant. Mr Buswell said that the Food Pantry grant did not close out until 2007 and CDC was closed out in 2006. The requirements from the state are to provide semi-annual reports for the next five years.

AREA PLAN FEE SCHEDULE

Commissioner Heimlich said that the fee schedule has been discussed several times now and asked if the Commissioners are ready to make any decisions.

Commissioner Schmierer said that the only thing that he would like to do is make sure that these two departments aren’t double charging people. He said that if someone comes into the Building department and we charge them for a building permit, he did not want to see them go to the Area Plan department and be charged for another permit.

The Commissioners compared and discussed the proposed fee schedule for Area Plan and the current fee schedule for the building department.

White County Area Plan

Fee Schedule

PROPSED AMENDED

Variance $150.00 $150.00

Special Exception $300.00 $150.00

Rezoning $175.00 $150.00

Subdivisions

1 to 20 lots $75.00 $75.00 per lot with a

Minimum of $300.00

Each additional lot over 20 $50.00 $50.00

Vacating of Plat, Alley or Road $175.00 $175.00

Planned Unit Development

Primary Approval

Up to 10 units $750.00 $500.00

Each additional unit over 10 $60.00 $50.00 in addition to $500.00

Secondary Approval

1 to 10 units $375.00 $375.00

Each additional unit over 10 $30.00 $30.00 in addition

to $375.00

Change of Road Name $150.00 $150.00

Amendment to Request $100.00 $100.00 to a request

That is already filed

Certificate of Zoning Compliance $25.00 $25.00

PERMITS

Improvement Location Permit $25.00 $0.00

Sign Permit $75.00 $75.00

Temporary Use Permit $25.00 $25.00

Special Use Permit (Custodial Care) $25.00 $25.00

Home Occupation Permit $25.00 $25.00

Special Exception Use Permit $25.00 $25.00

WECS Permits

Commercial WECS $500.00/Per $20,000.00 application fee

Turbine $1,750.00 per mega watt

Non-Commercial WECS $300.00/Per $300.00 per turbine

Turbine

Micro WECS $100.00/Per $100.00 per turbine

Turbine

Appeal $175.00 $175.00

Ordinances

Zoning Ordinance $15.00 $15.00

Subdivision Ordinance $10.00 $10.00

Comprehensive Plan $50.00 $50.00

Copies of Transcribed Minutes $1.00 $1.00 per single sided page

Sign Deposit $50.00 $50.00 refunded if returned within

7 days of the meeting

  • Commissioner Schmierer made a motion to adopt the proposed fee schedule as amended for the White County Area Plan department, seconded by Commissioner Burton. Vote: Unanimous

FINE SCHEDULE

Commissioner Heimlich pointed out to Director Weaver that the Commissioners do have questions about the fine schedule and the way that it has been enforced. Director Weaver said that the fine schedule that is being presented today is no change of what the fine policy was in the past. Each board (APC & BZA) adopted a policy of their own stating that if there were a violation to the ordinance, there would be an automatic $500.00 fine, which could be adjusted by them.

The current fine schedule for Area Plan department currently reads:

Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of the ordinance may be fined no less than $10 nor more than $300.00 for each violation. Each day that a violation exists shall constitute a separate violation.

Commissioner Burton asked how the $500.00 comes into effect when you have a written $300.00 Fine Policy for each violation. Director Weaver said that she couldn’t explain why one says $300 and the other applies $500. She said that the current fine schedule was adopted in the 1970’s.

Commissioner Heimlich said that they have had concerns with the fine policy in the past and the biggest issue was that the Commissioners had not approved the fine amount. Commissioner Heimlich pointed out that the new ordinance states that the Commissioners need to set the amount of the fines.

Director Weaver said that when she reviewed the enforcement of the new ordinance, it now states that a person can’t be fined on the first stage and they now must be issued a warning ticket.

Commissioner Heimlich said that their goal is to get everyone in compliance, not to raise money.

Commissioner Heimlich asked the other Commissioners what their thoughts were on the Fine Schedule.

Commissioner Burton said that he does not want to keep dragging it out but he would like to work on it a little longer.

Commissioner Heimlich said that they would table the Fine Schedule until the next meeting on February 2, 2009.

REPORTS

 

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

President, Richard “Buzz” Horton Raymond “Butch” Kramer Dennis Carter

Kevin “Casey” Crabb Bruce Clear Gary Hendryx

Denny Cain

BUILDING INSPECTOR

White County Building Inspector Dave Anderson presented a new 2008 Monthly Report Totals to everyone.

Mr. Anderson said that they issued two new housing permits last month. As far as the economy is concerned, he felt that White County wasn’t doing as bad when compared to the state or national level.

E-911

White County E-911 Director, Terri Conwell, presented the Year End Report for 2008.

Terri reported that there was $44,592.94 left in her budget under the Capitol Outlays, which she requested the Auditor to encumber those funds to next year’s budget for the 800 MHz radio upgrade system if needed. Currently, the EMA Director is going to apply for a grant for those funds but if it doesn’t come thru, she will use this money.

RECYCLE

White County Recycling Director Dawn Girard presented a year-end report for 2008. A copy of the report is kept on file in the Commissioners’ office.

HOSPITAL

White County Memorial Hospital CEO Paul Cardwell presented the Financial Analysis for December 2008.

Mr. Cardwell reported that the hospital had their second best revenue month in the history of the hospital, $3.6 million. This leaves them having the best annual revenue year ever, which was $40.9 million with a previous record at $38.8 million. He said compared to seven years ago the hospital is up $20 million.

Mr. Cardwell said that he was happy to hear that the White County Memorial Hospital is now the largest employer in White County. He is very excited with this and hopes that they will continue to grow with the new hospital.

Having a good year with a net income over $2 million was very nice for him to see since they did make their first payment ($1.6 million) for the new hospital.

ENVIRONMENTAL OFFICER

Environmental Officer John Raines presented the Complaints and Violations report for December 2008.

He received notification from IDEM that the Jacobs property in Brookston has been approved for a Corrective Action Plan in which monitoring wells will be installed to collect and monitor groundwater for potential contamination.

COUNCIL & AGING

White County Council on Aging Director Gale Spry presented financial reports for the 2008 4th quarter results.

She reported that they had 4,701 trips for a total of $30,858 miles for 2008. The billing submitted to INDOT for the 4th quarter reimbursement was $23,705.00. As far as the weather goes, she said that there were a couple of days that they did not serve lunch, but they did transport every day.

ECONOMIC DEVELOPMENT

Economic Development Director Connie Neininger presented the Director’s Report for December’s 2008 activity.

Connie reported that she has been working with some companies in the county with expansion and new projects regarding renewable energy. She said that the internet leads that she receives from the Indiana Economic Development Corp. are really starting to slow down because of the economy. Last month she only received four.

Connie said that several people in the county have lost their jobs and they are looking to start up their own business. She is considering of holding workshops for these people.

Connie pointed out that when she attended the Economic Development Institute in Indianapolis and the Indiana Economic Development Association’s annual meeting, they stressed that if you want your county to be competitive in this market we need to be working with a Regional Economic Development Organization. Site consultants do not want to work with communities that are not regionally involved with their neighbors.

Ivy Tech Project

Connie was very happy to report that Ivy Tech has 100 full-time students already enrolled for this spring semester, which puts them at their goal. They also have 123 individuals taking WorkOne computer classes at the center.

Indiana Hometown Competitiveness Initiative

The first Leadership Academy will start February 4TH for an eight week program. The maximum amount of students was going to be 30 but she did have 31 that signed up.

Remington- Wolcott “Main Street” Project

Connie announced that the Remington-Wolcott Community Development group are now the first in the nation to partner together to form a “Main Street Partnership.” They are now in the process of applying for a $150,000 grant to complete an Economic Development Study to help them determine what type of development needs to occur within the Wolcott Corridor.

The Economic Development Organization’s annual meeting this year will be held on Friday, February 27, 2009, at 11:30 a.m. at the Brandywine.

AREA PLAN DIRECTOR

White County Commissioner introduced Joe Rogers as the new Area Plan Director.

TIOGA BRIDGE

Don Ward, County Engineer, said that he has talked to Jim Barker about the last supplemental grant from the federal government that was received and Mr. Barker confirmed that the funds were not for the raising of the bridge. Those funds are for the cleaning, painting, and anticipated inflationary cost since the beginning of the project.

Mr. Ward said that federal money has not been approved for raising the Tioga Bridge and Mr. Barker could not confirm when that approval will be made.

Mr. Ward said that the plans are 90% to 95% done for the work to be done that has been approved so far. Mr. Ward explained that there is hope because of a new stimulus package that might be approved and our state could receive $3 billion. This option would be the best because it will be paid at 100% and you won’t have to rely on Carroll County. If this was approved, Mr. Barker believes that he could have the plans for the raising of the bridge ready in three months and then you have to wait 13 more weeks to let it.

Mr. Barker’s idea was that we could possibly raise the bridge in the plans, put it out for letting, and see what happens. Mr. Barker commented to Mr. Ward that right now, no one is really paying attention and if it doesn’t sell then we could turn right around, let it again the next month, and put it under construction.

Mr. Ward detailed a quarterly report that just came in to the Highway Department show the project cost for the Tioga Bridge being:

Preliminary Engineering: $65,000, which was estimated a long time ago

Construction cost: $632,000, Mr. Ward thought that this cost might

Include the raising of the bridge.

Construction Inspection cost $90,000

Mr. Ward said that he could see possibly starting construction in 2010.

HORIZON WIND AGREEMENTS

White County Economic Development Director Connie Neininger took a moment to thank everyone that has worked on this project.

Representatives from Horizon Wind that were in attendance were Martin Culik, Dennis Wycoff, Alvin Cargill, Jeff Bennett, Peter Park, and Julie Schubart.

Representing the county were: Rick Hall, Todd Samuelson, County Attorney George Loy, County Commissioners, County Council, and White County Highway Superintendent Steve Brooke.

Mrs. Neininger first presented the Agreement for Use, Repair, and Improvements of Roads and Repair of Drainage Facilities. This agreement details the first phase of construction, which will consist of approximately 200-mega watts and up to 126 wind turbines. The Road use agreement outlined:

Roadway Conditions County Use of Drain Location Map

Drainage System Conditions Construction Period Meetings

Use of Designated Roads by Meadow Lake Speed Limits

Signage Notice of School Corp. and Emergency Agencies

Transportation Coordinator Dust Control

Improvements & Modifications to Roads Compliance with Standards & Designs

Performance Assurance Road Repair

Fines County Inspector

Warranty Indemnity

Decommissioning Plan Exclusion of Certain Damages

Force Majeure Event

Connie said that the road use agreement is an attachment within the Economic Development Agreement that must also be approved. The economic development agreement stated that the anticipated investment in the project on Horizon’s end would be $460 million in equipment and real estate improvements, which will cover approximately 26,000 acres of White County’s land.

Commissioner Heimlich thanked everyone for their time because this was such a long and detailed process trying to get through all of the issues.

  • Commissioner Schmierer made a motion approve Resolution No. 09-1-19-01, A Resolution which approves the Economic Development Agreement and the Road Use Agreement for the Meadow Lake Windfarm project, seconded by Commissioner Heimlich. Vote: 2 Yes and 1 Abstain (Burton)

RESOLUTION NO. 09-1-19-01

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF WHITE

COUNTY, INDIANA APPROVING AN ECONOMIC DEVELOPMENT
AGREEMENT WITH
MEADOW LAKE WINDFARM, 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, LLC, a wholly owned subsidiary of Horizon Wind Energy, LLC (the “Company”), is contemplating the development and construction of the first phase of a wind-powered electric generating facility in the County, which will have a rated capacity of approximately 200 megawatts (the “Project”); and

WHEREAS, in the completion of the Project, the Company will invest approximately Four Hundred Sixty Million Dollars ($460,000,000) in equipment and real estate improvements in the County and create approximately twenty-five jobs; 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 County 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; 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 “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 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 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 Use Agreement are in the best interests of the County and its citizens. The Board is authorized and directed to execute the 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 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.

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

· County Councilman Kramer made a motion that the County Council approve the Economic Development Agreement, the Road Use Agreement, and therefore the Resolution approving the agreement with Meadow Lake Wind farm project, seconded by Councilman Crabb. Vote: Unanimous

RESOLUTION NO. 2009-1-19-01

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

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, LLC, a wholly owned subsidiary of Horizon Wind Energy, LLC (the “Company”), is contemplating the development and construction of the first phase of a wind-powered electric generating facility in the County, which will have a rated capacity of approximately 200 megawatts (the “Project”); and

WHEREAS, in the completion of the Project, the Company will invest approximately Four Hundred Sixty Million Dollars ($460,000,000) in equipment and real estate improvements in the County and create approximately twenty-five jobs; 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; and

WHEREAS, the Council 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 Council on the date hereof (the “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 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 Council hereby finds that the execution and delivery of the Use Agreement are in the best interests of the County and its citizens. The Board is authorized and directed to execute the 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 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.

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

AIRPORT EXPANSION

White County Attorney George Loy informed the council members that the White County Airport Board has the desire to expand their board members from four members to five members. Mr. Loy said that this is permitted by statute, the County Council would have to adopt a resolution, and the Commissioners would have to make the appointment. Attorney Loy said that he has drafted a resolution if the Council would like to consider this request.

The Council said that they would take this to their meeting to discuss.

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

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

____________________________ ______________________________ ____________________________

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

ATTEST: _________________________

Jill Guingrich, Auditor