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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on Monday, August 17, 2009, at the White County Building, 2nd floor, Commissioners’ Conference room at 8:00 a.m.

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 as presented for the regular meeting held on August 3, 2009, seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

  • Commissioner Schmierer made a motion to approve payroll as presented for August 3, 2009, seconded by Commissioner Burton. Vote: Unanimous

CLAIMS

  • Commissioner Schmierer made a motion to approve and pay the claims as presented for August 17, 2009, seconded by Commissioner Burton. Vote: Unanimous

CARPET QUOTES

Commissioner Burton presented three quotes for putting in new carpeting on the 3rd floor Clerk’s office. The quotes were received from the following:

Professional Interiors $1,414.20

Martin’s Carpet Service $1,350.73

Bob Mull $1,309.69

Commissioner Schmierer suggested going with another installer since the low bidder did install the carpeting incorrectly the last time.

  • Commissioner Schmierer made a motion to go with the second lowest bid, Martin’s Carpet Service for the new carpet on the 3rd floor of the Clerk’s office for the price of $1,350.73, seconded by Commissioner Burton. Vote: Unanimous

HORIZON WIND – DECREASE BOND

Alvin Cargill, Horizon Wind Project Mgr., appeared before the Commissioners presenting a “Decrease Rider” agreement. Agreements made on July 23, 2009, stated that the Road Use Permit Performance Bond would be lowered from $7 million to $5 million.

County Attorney George Loy said that one condition of the decrease is that Meadow Lake performs any repairs requested by the county and White County Highway Superintendent, Steve Brooke, has reported that this has been done.

  • Commissioner Burton made a motion that they grant the request to decrease Horizon’s bond from $7 million to $5 million for the Road Use Agreement, seconded by Commissioner Schmierer. Vote: Unanimous

AREA PLAN

White County Area Plan Director Joe Rogers appeared before the Commissioners asking for their opinion. He stated that in the county ordinance states:

Section 13.1.1 Procedures:

D. All fines prescribed by this Chapter for civil zoning violations shall be paid to the Executive

Director within thirty (30) days.

However, the Fine Schedule that the Commissioners approved says: “The owner of the property will receive written notice of the fine and given 60 days for payment.

Mr. Rogers would like to reconcile the two and asked if they wanted to stick with the 60 days or do they want the ordinance to be changed.

The commissioners made the recommendation to keep it the pay period at 60-days.

Appeals

Mr. Rogers wanted to clarify the $175.00 filing fee that is in the Fine Schedule, which was approved by the Commissioners. He asked if the filing fee applies to someone who is appealing his or her fine. The Commissioners agreed that the filing fee did not apply to someone who is appealing a fine, it was attended for someone appealing adecision from the board as to a rezoning request or a variance request.

HIGHWAY DEPARTMENT

White County Highway Superintendent Steve Brooke reported that two more right-of-ways have been acquired on Bridge #91.

HOSPITAL APPOINTMENTS

Commissioner Heimlich said that Larry Pampel and Reggie Shireman’s appointments to the Hospital Board need to be renewed and at this time, they have both requested to be reappointed.

  • Commissioner Schmierer made a motion to reappoint Reggie Shireman to the Hospital Board for a four-year term expiring June 30, 2013, seconded by Commissioner Burton. Vote: Unanimous

  • Commissioner Heimlich made a motion to reappoint Larry Pampel to the Hospital Board for a four-year term expiring June 30, 2013, seconded by Commissioner Burton. Vote: 2 Yes and 1 No (Schmierer)

REGION 4 WORKFORCE DEVELOPMENT BOARD

Commissioner Heimlich reminded everyone that Mike Godlove did resign from the board earlier this year and a replacement has been needed. He suggested Kathy Reude from Adkev as a candidate to be Mr. Godlove’s replacement.

  • Commissioner Schmierer made a motion to appoint Kathy Reude to the Region 4 Workforce Development board, seconded by Commissioner Burton. Vote: Unanimous

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

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

Gary Hendryx Denny Carter Denny Cain

Kevin “Casey” Crabb

BUILDING INSPECTOR

Building Inspector Dave Anderson reported that there were 58 permits issued last month, six of them were for new homes.

ENVIRONMENTAL OFFICER

White County Environmental Officer John Raines presented the Violation & Complaint Report for July 2009. He also reported that the landfill has almost completed their new building for the gas plant.

HOSPITAL

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

Mr. Cardwell reported that they are at $28 million for the gross revenue for the year. They have hired two additional physicians, Dr. Harb, Oncologist, will be working four days a month and Dr. Mason, Radiologist, will also be starting in September.

Mr. Cardwell said that they continue to bill around $700,000 a month more then what they billed with the old hospital. With that said, bad debt continues to be a problem because during these tough economic times, people always pay the medical bills last.

ECONOMIC DEVELOPMENT

Economic Development Director Connie Neininger presented her Director’s Report for July 2009. She reported that on August 7, Girtz Industries had to lay off 60 of their employees, which now leaves 15 on staff. This will increase our unemployment rate for White County to 11%.

Horizon Wind is looking for a maintenance facility in the Brookston-Chalmers area.

Connie said that she does have a prospect interested in the old hospital and she would like to set up a time sometime soon for a tour.

Connie presented a brochure on the $175,000 revolving loan fund that is now available from White County REMC for anyone wanting to start up a business, existing businesses, and even economic development.

HORIZON WIND AGREEMENTS FOR PHASE II

White County Attorney George Loy presented a new proposed Road Use Agreement, Economic Development Agreement, and a Decommissioning Agreement for Phase II.

Attorney Loy said that the County Council would be holding a public hearing today between 10:00 to 10:30 a.m. discussing the tax abatement. A new economic development agreement was negotiated for the Phase II project consisting of 66-wind turbine generating up to 99 megawatts.

Attorney Loy detailed the Road Use Agreement by saying that this phase will have 8 ½ miles of designated roads. The bond requirement of this is $5 million. This agreement will also give our Highway Superintendent more authority over the dust control.

On the Decommissioning agreement, Attorney Loy pointed out that the initial bond amount was 900,000.00 and it will now increase to $1,200,000.00 to $1,600,000.00 and eventually $2,500,000.00.

  • Commissioner Schmierer made a motion to approve Resolution No. 09-08-17-02 approving the Economic Development Agreement and Road Use Agreement with Meadow Lake Wind Farm II LLC, seconded by Commissioner Heimlich. Vote: 2 Yes and 1 Abstained (Burton)

Resolution no. 09-08-17-02

RESOLUTION OF THE BOARD OF COMMISSIONERS OF WHITE COUNTY, INDIANA APPROVING ECONOMIC DEVELOPMENT AGREEMENT AND ROAD USE AGREEMENT WITH MEADOW LAKE WIND FARM II 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 II 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 four phases of development totaling approximately 600 megawatts of generating capacity, the second phase of which has a planned nameplate capacity of up to 99 megawatts and will consist of approximately 66 wind turbines (“Project”); and,

WHEREAS, the Company plans to invest approximately Two Hundred Twelve Million Dollars ($212,000.00) in equipment and real estate improvements in the County in completion of the Project and expects to create approximately 12 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 interest 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 No. 2009-08-17-01 approving the Economic Development Agreement and Road Use Agreement with Meadow Lake Wind Farm II LLC, seconded by Councilman Carter. Vote: Unanimous

Resolution No. 2009-08-17-01

RESOLUTION OF THE COUNTY COUNCIL OF WHITE COUNTY, INDIANA APPROVING ECONOMIC DEVELOPMENT AGREEMENT AND ROAD USE AGREEMENT WITH MEADOW LAKE WIND FARM II 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 II 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 four phases of development totaling approximately 600 megawatts of generating capacity, the second phase of which as a planned nameplate capacity of up to 99 megawatts and will consist of approximately 66 wind turbines (“Project”); and

WHEREAS, the Company plans to invest approximately Two Hundred Twelve Million Dollars ($212,000.00) in equipment and real estate improvements in the County in completion of the Project and expects to create approximately 12 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 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.

  • Commissioner Schmierer made a motion to approve the Decommissioning Agreement as presented, seconded by Commissioner Heimlich. Vote: 2 Yes and 1 Abstained (Burton)

U.S. CENSUS

Bill Madden, Representative for the U.S. Census, appeared before the Commissioners and the Council making a short presentation about the U.S. Census.

He discussed the important facts about White County saying that we have lost 1,400 people since the last census. The return rate for the census in 2000 for White County was only 64%; which was below the State average of 69%.

Mr. Madden feels that there is going to be a higher return on the census forms next year, 2010, because there is now a short form, which only asks ten questions.

Mr. Madden asked the Commissioners to sign a “County of White Census 2010 Proclamation” saying that they will develop a partnership with the U.S. Bureau of the Census and help try to increase the census count by forming a complete count committee. Once the committee is formed, Mr. Madden said that he could be a part of it and help them out. PERMISSION GRANTED

COUNCIL ON AGING

Commissioner Heimlich submitted the grant application from Gale Spry, Council on Aging, for 2010.

  • Commissioner Schmierer made a motion to adopt Resolution No. 09-08-17-01 authorizing the filing of an application for a grant under Section 5311 of the Federal Transit Act, seconded by Commissioner Burton. Vote: Unanimous

RESOLUTION NO. 09-08-17-01

RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A GRANT UNDER SECTION 5311 OF THE FEDERAL TRANSIT ACT, AS AMENDED.

WHEREAS, the U.S. Department of Transportation is authorized to make grants to states through the Federal Administration (FTA) to support capital, operating and feasibility study assistance projects for nonurbanized public transportation systems under Section 5311 of the FTA Act of 1964, as amended;

WHEREAS, the Office of Transit, Indiana Department of Transportation (INDOT) has been designated by the Governor to make Section 5311 grants for public transportation projects;

WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs;

NOW, THEREFORE, BE IT RESOLVED BY WHITE COUNTY:

1. That White County Council on Aging is authorized to execute and file an application on behalf of White County Commissioners with the INDOT to aid in the financing of transit assistance projects pursuant to Section 5311 of the Federal Transit Act, as amended.

2. That White County Council on Aging is authorized to furnish such additional information as INDOT may require in connection with the application.

3. That White County Council on Aging is authorized to execute grant contract agreements on behalf of White County.

NORWAY BRIDGE

Don Ward, County Engineer, requested signatures approving the recommended changes in the plans on the Norway Bridge. He said that the project is completed with the exception of the repairs to the driveway. The overrun cost was $19,621.00. APPROVED

TIOGA BRIDGE

Don Ward, County Engineer, presented one set of final plans and two sets of “almost” final plans for Tioga Bridge.

Mr. Ward discussed issues that were given to him from Mr. Barker, i.e. the new color of the bridge, do you want the painting to be sand blasted or water blasted, could the lake be lowered two feet to work on the abutment.

Mr. Ward did request their signature on the title page, which will be submitted to the engineer and copied onto the plans. SIGNATURES GIVEN

Mr. Ward said that the letting should be sometime in December 2009.

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