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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on January 15, 2007, at 8:00 a.m. in the Commissioners Conference room in the White County Courthouse.

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

Commissioner President John C. Heimlich called the Commissioners meeting to order.

MINUTES

  • Commissioner Burton made a motion to approve the minutes from the Commissioners meeting on December 18, 2006, as presented, seconded by Commissioner Heimlich. Vote: Unanimous

PAYROLL

  • Commissioner Schmierer made a motion to approve the payroll for January 15, 2007, as presented, seconded by Commissioner Burton. Vote: Unanimous

MINUTES

  • Commissioner Schmierer made a motion to approve the minutes from the Commissioners meeting on January 2, 2007, as presented, seconded by Commissioner Burton. Vote: Unanimous

WOLCOTT INDUSTRIAL PARKWAY EXTENSION

White County Economic Development Director Connie Neininger appeared before the Commissioners requesting an extension on the Wolcott Industrial Parkway. She stated that a White County business, Indiana Animal Health, has a facility in Wolcott and they are looking to purchase five acres off of C.R. 900 North in Wolcott. We currently have the Wolcott Industrial Parkway there now, which extends 400 feet, and Connie requested permission to extend it further West, 60 feet by 400 feet.

Connie said that Ronald and Shirley Stoller have agreed to donate the land to the county.

Indiana Animal Health is requesting a letter of intent from the Commissioners stating that the County will work with the company to extend the parkway to allow access to their new facility. The letter states that the county will provide the road improvements at no cost to the company.

Commissioner Heimlich said that he did talk with the White County Highway Superintendent Steve Brooke and the cost to have this done is about $10,000. The deed from the Stollers has been prepared and the only other documentation needed for the closing is the letter of intent from the county.

Commissioner Schmierer said that this was always the county’s plan to extend the road when the first section was put in.

  • Commissioner Schmierer made a motion to direct the White County Highway Department to extend the Industrial Parkway 400 feet to the west, seconded by Commissioner Burton. Vote: Unanimous

CANCELLATION OF CHECKS

White County Auditor Jill Guingrich presented a list of checks that the White County Treasurer would like to cancel. The list contains the check #, date, who the check was made out to, and the amount. The checks have been outstanding for two years or more as of December 31, 2006. The grand total of outstanding checks was $23,685.37.

  • Commissioner Schmierer made a motion to cancel the list of checks from the Treasurer’s office as presented, seconded by Commissioner Burton. Vote: Unanimous

SUB-DIVISION APPEAL

Mary Lou Anderson appeared before the Commissioners expressing her concern about a subdivision being approved. The proposed subdivision is across the road from Recreational Park and extending to the Tippecanoe Country Club Fairways #1.

She argued that the traffic will become difficult, the lots will become very narrow, and her subdivision will build lesser homes.

Jim Kragh, 3419 N. Lakeshore Drive, said that the subdivision restrictions for the Country Club Fairways, since 1963, call for a 35 foot setback. Mr. Kragh just received a copy of the proposed subdivision plan design that the Area Plan approved and noticed that there is only a 30 foot setback from the fairway. This was something that Mr. Kragh just noticed on Friday when he reviewed the subdivision plan design.

Mr. Kragh said that he also feels very strongly about the restriction, since 1963, that nothing is to be built on this piece of land because it is part of the golf course. He feels very strongly that the executive board that made this decision in 1963 was done to prevent anyone from getting hit from the golf balls.

They ask the Commissioners to seriously consider the dangers of putting a home on this property before it is approved.

Commissioner Burton told them that the final approval of a subdivision does not come back to the Commissioners.

Commissioner Heimlich advised them to go back to the Area Plan office and find out what the appeal process is, submit an appeal in writing, and get it filed.

AT THIS TIME, the County Council President Richard “Buzz” Horton called the County Council members to order in joint session with the County Commissioners. Council members present were:

Richard “Buzz” Horton Dennis Cain Bruce Clear Dennis Carter

Kevin “Casey” Crabb Gary Hendryx Raymond “Butch” Kramer

WOLCOTT TIF DISTRICT RESOLUTION APPROVING PLAN COMMISSION ORDER

White County Economic Development Director Connie Neininger said that she has been working with Ice Miller and Umbaugh and Associates to develop up-to-date estimates on the infrastructure for the Wolcott Corridor. Connie said that the infrastructure for the Wolcott Corridor project will cost $3.9 million. She said that they have been working on setting up the Redevelopment Commission and setting up (designating) a certain area as the TIF district. The TIF district will then allow us to recapture the tax once we have development starting in that area.

Connie proposed the Economic Development Plan for the White County Redevelopment Commission. This details that we have a plan to approve that area and that it’s in the best interest of the county as far as employment and economic development. The Economic Development Plan is to be approved by the board of commissioners. Connie explained that after that is approved she will then introduce an ordinance to pledge CEDIT tax for these bonds until we do have development in that area. Connie said that this would be the first reading of the ordinance and then a public hearing would be held on February 5th for the TIF district. After that, then the council would vote to pledge the CEDIT meeting at the February 20th meeting.

Attorney George Loy said that the County Council is considering a resolution and an ordinance today pledging the Economic Development Income Tax. This ordinance is to be introduced today for consideration on February 20th. A resolution is also given to the council today approving the commissioners’ resolution to amend the capital improvement plan to provide for edit to help fund these bonds.

George explained that the Commissioners are to approve the Declaratory Resolution and Economic Development Plan which basically approves the TIF district. The commissioners will also enter an order to amend the capital improvement plan to provide the EDIT funding of these bonds. It is anticipated that the capital improvements of the project will cost $3.9 million.

Connie said that the Redevelopment commission has the authority to approve any bond equal to or less than $3 million. If the bonds go over the $3 million, which we are anticipating, then the approval will have to come back to the Commissioners and Council.

Commissioner Heimlich said that Umbaugh & Associates has given the county a conservative total of $3.9 million for the project, which this total does not include money that has already been pledged or any grant funds (REMC). Umbaugh has estimated that with $3.9 million the debt service would be around $427,000 per year.

Connie discussed that most of the grants out there require us to have a tenant committed to the project. She is currently working with K-IRPC and they have found a USDA (US Department of Agriculture) grant which is available for capital improvements. We have a pretty good chance of getting this because it does not require a tenant. This grant does require for us to have an Economic Development Plan in place detailing how we are going to market and promote the area. She said that we must have commitments from the property owners saying that we have control over the property and that it’s going to be used for economic development/industrial development.

Randy Mitchell, K-IRPC Director, said that this grant is highly competitive and if there are others who have tenants committed already, then they have a higher chance of receiving the grant.

Connie confirmed to Commissioner Schmierer that we do have easement descriptions prepared for the infrastructure but we do not have any options at this time with the property owners. Commissioner Heimlich said that the property owners have been contacted but no options have been given.

Commissioner Heimlich explained that we will pay for the construction project with the bonds and the CEDIT funds will be used as back up for the bonds. As soon as companies come in and the tax base then increases , the increase will come back to the redevelopment commission and that money will be used to pay off the bonds. So, when you get business in here, the CEDIT payment will continue to go down.

Connie said that the average CEDIT contribution, since 2002, averages to be $637,960 annually. Giving a worst-case-scenario she explained that if the construction cost takes $3.9 million, the debt service being $425,000 (which you can add this in the bond or pledge part of your CEDIT tax reserve), the cost of issuing the bond, and the underwriters fee could bring our bond issuance up to $4.5 million. Looking at $4.5 million of debt service over a 16 year period could be $6.6 million. Connie also pointed out that $637,960 taken in annually from CEDIT funds and paying out $425,000 for the bond leaves the county $215,000 annually from CEDIT funds. Over 16 years, this is a surplus of $3 million in our CEDIT tax reserve.

Connie said that the timeline on this is to try and start construction sometime in May because the construction permit from IDEM expires in June. She did make note that she could request an extension for the permit if things get a little behind schedule.

Commissioner Schmierer argued that he has a problem with the fact that he has been in office, as an elected official and this is the first time that he has heard that we are going to use CEDIT tax money to build the Wolcott Corridor. He complained that we still don’t have any ground under option, we don’t have any grants, and this is a scapegoat to get the project built. Commissioner Schmierer said that he will not make someone wealthy on the tax payer’s expense by making options on land. Commissioner Schmierer said that he is not in favor of this until we get some ground under option.

Commissioner Heimlich said that the pledging is not being voted on today. As far as the late notice on the figures and ordinances, he didn’t receive the information for all of this until late last week from Umbaugh and Associates.

Connie explained that the options for the ground haven’t been made because she was waiting for the CEDIT funds to come into the Economic Development office, which just happened last week. She said that they were not about to go and call on property owners to make ground options without having the money on hand.

Commissioner Heimlich pointed out that before the bonds are issued, we will have the options.

Commissioner Schmierer said that he is in favor to building the Wolcott Corridor but he is not in favor of using CEDIT tax.

Connie stressed that she has seen over and over that if we do not have the infrastructure in place, we are not going to have a tenant. This is why they have gone to Umbaugh and Associates and asked what our options are and how are we going to fund this project. Umbaugh has said that our option is to pledge the CEDIT tax to get this done.

Mr. Bob Hanni, working consultant with Connie, said that we need to bring White County abreast so it’s competitive with the other counties. He has seen this year that we had the opportunity for a sizeable industry that would’ve offered 350 jobs paying $14.00/hour. White County was one of the final two, but since we couldn’t get water and sewer to them by the end of the year, we lost the opportunity. He said that he doesn’t care how we do it or what has happened in the past, but we need to move forward and work together to make this county competitive.

White County Attorney George Loy said that we are in a hurry on getting things done for the TIF district because we need to set a tax base before March 1st. He said that it is essential today to have the Commissioners approve the resolution approving a Declaratory Resolution and Economic Development Plan

County Councilman Horton made the suggestion to keep Umbaugh & Associates on board to advise the county on how TIF and abatement will go together. He said that he doesn’t worry too much that we won’t have good figures as far as the TIF tradeoff and the tax abatement tradeoff. The plan to him is to have the district pay the bonds off. to have good figures. It will be costly but he suggests that it would be worth the money spent.

Commissioner Heimlich discussed a time table that the bond counselor from Ice Miller has given him for construction to start this summer.

  • Redevelopment Commission will hold a hearing on February 5th

  • County Commissioners will adopt a resolution approving the area on February 5th

  • County Council adopts ordinance pledging EDIT, February 20th

Attorney George Loy said that it is essential today to have the Commissioners approve the Declaratory Resolution and Economic Development Plan of the White County Redevelopment Commission and Approving the order of the White County Area Plan Commission. This pertains strictly to the TIF and keeps us on track with the March 1st deadline.

Commissioner Heimlich said that the Area Plan Board approved this resolution on January 8th, the Redevelopment Commission approved it on December 19th and now it is time for the Commissioners to make the approval.

  • Commissioner Schmierer made a motion to adopt Resolution No. 2007-01-15-01 from the White County Board of Commissioners approving a Declaratory Resolution and Economic Development Plan of the White County Redevelopment Commission and approving the order of the White County Area Plan Commission, seconded by Commissioner Burton. Vote: Unanimous

RESOLUTION NO. 2007-01-15-01

WHITE COUNTY BOARD OF COMMISSIONERS

APPROVING A DECLARATORY RESOLUTION AND ECONOMIC DEVELOPMENT PLAN OF THE WHITE COUNTY REDEVELOPMENT COMMISSION AND APPROVING THE ORDER OF THE WHITE COUNTY AREA PLAN COMMISSION

WHEREAS, the White County (“County”) Redevelopment Commission (“Commission”), on the 19th day of December, 2006, initially approved an Economic Development Plan (“Plan) for the Wolcott Corridor Economic Development Area (“Area”) in the County and adopted a declaratory resolution initially declaring that the Area is an economic development area and subject to economic development activities pursuant to IC 36-7-14 and IC 36-7-25 (“Act”); and

WHEREAS, the White County Area Plan Commission (“Plan Commission”) approved the Plan and Declaratory Resolution; and

WHEREAS, the Act requires approval of the Declaratory Resolution and the Plan and the action of the Plan Commission by the Board of Commissioners of the County;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF WHITE COUNTY, INDIANA, AS FOLLOWS:

  1. The Plan for the Area is in all respects approved, ratified and confirmed by the Board of Commissioners.

  1. The action of the Plan Commission approving the Plan and the Declaratory Resolution is in all respects approved, ratified and confirmed by the Board of Commissioners.

  1. The Auditor is hereby directed to file a copy of the Declaratory Resolution, the Plan and the approving Order of the Plan Commission with the permanent minutes of this meeting.

  1. This resolution shall be effective from and after passage.

PASSED AND ADOPTED by the Board of Commissioners of White County, Indiana, this 15th day of January, 2007.

Attorney George Loy said that there is an ordinance for the Council to be introduced as the first reading for consideration on February 20th.

  • Councilman Kramer made a motion to introduce as the first reading the Ordinance of the White County Council Pledging Economic Development Income Tax which will be considered at a later date, seconded by Councilman Carter. Vote: Unanimous

Councilman Crabb asked if he could see a debt service schedule that does include the money pledged from the County and the REMC funds since it will be around $750,000. He would like to see how much it will change. Commissioner Heimlich said that he would like to have Todd Samuelson and Lisa Lee here at the February 20th meeting.

  • Commissioner Burton made a motion to introduce as the first reading the Order to Amend the Capital Improvement Plan Pursuant to IC 6-3.5-7, for consideration at a later date, seconded by Commissioner Schmierer. Vote: Unanimous

Council President Horton wanted to make it clear that the county council will not proceed with the project unless the ground options are made.

  • Councilman Cain made a motion to not move forward with the Wolcott Corridor Project until the County has ground options, seconded by Councilman Kramer. Vote: Unanimous

REPORTS

WHITE COUNTY MEMORIAL HOSPITAL

White County Memorial Hospital CEO, Paul Cardwell, presented the Financial Analysis report for December 2006.

Mr. Cardwell reported that in 2006 the hospital had a significant high record for the gross revenue being up over $5 million and net revenue ending up at $2.3 million.

The Medical Arts Building is currently being constructed and it is still on schedule and on budget. Opening of the bids will be done on January 30th for the new hospital.

Mr. Cardwell said that the number of births for 2006 rose to 35 for the year but this does not put them over the record back in 1988 and 1989.

They will be paying off the bond for the hospital on the 25th of January. The money has been saved up and they will be paying off that debt.

Overall it was great year and they are looking forward to October 2008 which will be the end of construction for the new hospital.

WHITE COUNTY BUILDING DEPT.

White County Building Inspector Dave Anderson reported that there were 46 permits issued last month. White County ended the year in 2006 with 94 new houses constructed. In 2005 there were 95 homes constructed.

WHITE COUNTY ENVIRONMENTAL OFFICER

White County Environmental Officer John Raines presented his Complaints & Violations report for December 2006.

WHITE COUNTY RECYCLING

White County Recycling Director Dawn Girard presented a written report for 2006.

Highlights from the year-end-report:

Grant Funds: Started 2006 off with $50,000 to be used to purchase a cardboard truck E-85 Z7 ½ ton 4x4 truck. She will be encumbering $4,400 over to next year.

Achievements in 2006: Picked up 8 new cardboard stops, 5 new box truck stops, a new Thursday cardboard pickup, center added 2 new collections for shoes, purses, belts, toys, latex paint, and stuffed animals.

Operation Cost: The cost to run the center for 2006 was $110, 041.

Tonnage Collection: This year the center collected 4,150 lbs. Dollar wise if you were to figure this out at $33.00/ton for landfill disposal fee a cost of $68,475 would have been paid to dispose at the landfill.

Pricing on Recycled Goods:

Baled Corrugated $50.00-$60.00/ton

Baled Office Paper $90.00-$110.00/ton

Magazines $40.00/ton

HDPE Colored (Soap Bottles) $.09/lb

HDPE Natural (Milk bottles) $.15/lb

PETE (Soda bottles) $.05/lb

Aluminum cans $.50-.61/lb

Aluminum foil $.10/.15/lb

Steel cans $.02/lb

Glass clear $32.00/ton

Glass brown $15.00/ton

Newspaper $50.00/ton

Batteries $.81-.82/each

E-911

White County E-911 Director Terri Conwell presented her year-end-report for 2006.

Terri reported that she has let one of her full-time dispatchers go this weekend and she is currently running an ad in the newspaper for a part-time dispatcher.

COUNCIL ON AGING

Gale Spry, Director of Council on Aging, introduced herself to the new Council members and explained that Council on Aging is its own not-for-profit agency that provides several services, including transportation. Transportation dollars from INDOT cannot come directly to a not-for-profit agency so they go must go through a government agency. White County Commissioners is the government agency for the transportation funds for the Council on Aging.

Mrs. Spry said that they expended 92% of the federal money for 2006 which was $86,809. Approximately 89% was expended of the state funds for 2006 which was $51,092.

The reimbursement for the 4th qtr in 2006 is $34,695.46. She said that the number of pick-ups for 2006 was up by 2,000 passengers compared to 2005.

ECONOMIC DEVELOPMENT

White County Economic Development Director Connie Neininger presented the Director’s Report for the December 2006 activity.

She said that she has been working with Indiana Animal Health/Lextron for the Wolcott Corridor project. She has several leads coming across from the Indiana Economic Development Corporation and the State looking for existing buildings 100,000 to 200,000 sq ft.

She has had several prospect visits for the Wolcott Corridor, Monon and Monticello area. Even a couple of wind farms (Horizon Wind) have visited our county and they even met with property owners to discuss the projects and they are proposing options on some ground. She said that she has been told that our county is pretty windy.

Bio-Town Project

Bio-Town authority is still meeting on a monthly basis. They have been looking at the needs to get the technology suite underground and part of that is the new wastewater treatment plant which the Town of Reynolds applied for that grant to get the plant in place.

Ivy-Tech Project

The county is proposing to have ownership of the building and Ivy-Tech will lease the building from us. We are currently looking for a grant for the renovations of the building and after we determine how much grant money is received then we will look for donations from the community.

The White County Strategic Planning Committee will be meeting on Friday to do an organizational meeting and several communities will be held as well in March.

The Economic Development office will be holding their annual meeting on February 16th at the Brandywine.

AT THIS TIME, the County Council adjourned to their meeting in the Council Conference room.

AREA PLAN

White County Area Plan Director Diann Weaver presented the following to the Commissioners.

Rezoning Petition #924

The property owners, Thomas E. & Marjorie A. Diener; Ronald L. & Sharon L. Allen; Timothy J. Diener; Gregory R. & Julia Westfall; Debra Ingram (Stroup), are requesting to rezone 270.353 acres from an A-1 (Agriculture) to an I-2 (Heavy Industrial). The property is located north of Reynolds along C.R. 25 E., between the railroad track and C.R. 100 N.

The Area Plan Commission held a public hearing on January 8, 2007, where there were several speakers at the meeting and a commitment letter has been signed.

The Area Plan Commission voted to recommend this rezoning petition to the Commissioners by a vote of 7 yes and 0 no.

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

VeraSun representatives were present to answer any questions.

Connie Neininger, Economic Development Director, said that from the economic development standpoint they are very supportive of this project. She has been working with VeraSun for several months now and everything that she has heard has been wonderful. VeraSun is proposing up to 50-60 new, high paying positions in the community and they are working with us on all of the infrastructure needs at this point in time.

Commissioner Heimlich pointed out that at the Area Plan meeting there were some concerns raised with what will happen to the property if the project does not follow through. The question was whether or not the property will remain the I-2 zoning. He explained that in the written commitment there are restrictions placed on the I-2 zoning, specifically there are four things that are prohibited. They are listed as:

    1. Cold Rolled Metal Plant;

    2. Foundry;

    3. Meat Processing Plant; and

    4. Slaughter House.

The rezoning will only be effective upon the occurrence of all of the following described events:

    1. This Commitment is approved by the Plan Commission or its designee.

    2. The Commissioners approve the Petition.

    3. VeraSun acquires the Real Estate.

    4. This commitment is recorded in the Office of the Recorder of White County, Indiana.

Commissioner Heimlich asked if there were any further questions from anyone or the Commissioners. No response.

  • Commissioner Schmierer made a motion to approve Rezoning Petition #924 (Ordinance No. 508-07) rezone 270.353 acres from an A-1 to an I-2 for property owners: Thomas E. & Marjorie A. Diener; Ronald L. & Sharon L. Allen; Timothy J. Diener; Gregory R. & Julia Westfall; Debra Ingram (Stroup) for property located north of Reynolds along C.R. 25 E., between the railroad track and C.R. 100 N., seconded by Commissioner Burton. Vote: Unanimous

Diann said that she has been instructed by the attorney to hold the ordinances until the sale of the property is complete before the ordinances will be recorded.

WHITE COUNTY HEALTH DEPT.

White County Public Health Nurse, Linda Pagels, appeared before the Commissioners reporting that there was a power outage off over the weekend at the Health dept. Linda said that the power outage caused the vaccinations stored in the upright refrigerator and also in the freezer portion of the unit to go bad. She estimates that there are at leas 1,042 vaccinations that are spoiled. She has contacted Heiny Insurance to see how much will be covered by the insurance company.

Linda asked permission to look for some type of alarm system to have on the refrigerator in case this should happen again. PERMISSION GRANTED

PUBLIC HEARING – PETITION TO VACATE PUBLIC ROADWAY – VERASUN ENERGY

Commissioner Heimlich said that the petition to vacate the public roadway has been properly advertised for today.

The petition is a portion of County Road 25 East (from C.R. 100 N.S. to C.R. 25 N) also a section of C.R. 50 N. from C.R. 25 E. (.25 mile to the east).

White County Attorney George Loy said that adjoining property owners are required by law to be given personal service; it is possible for the Commissioners to enter an ordinance vacating the road.

Commissioner Heimlich opened the hearing and asked if there was anyone wishing to be heard on the proposed road vacation.

Steve Salomon asked that if the sale of the property does not go through, does this mean that the road will not be closed.

Commissioner Heimlich said that they can’t issue an order today vacating the road effective immediately because there are property owners that still live in the area and they can’t leave without using that access. He said that any vote made today to vacate will carry with it contingencies that will have to be met.

Commissioner Heimlich said that they are contemplating a replacement road which would be C.R. 50 East from U.S. 24 to C.R. 100 N.

Commissioner Heimlich read the contingencies listed in the ordinance:

  1. VeraSun Energy Reynolds, LLC (“VeraSun”) must acquire title to the real estate described in Exhibit “B” attached hereto (the “Real Estate”).

  1. VeraSun shall grant easements for maintaining all existing utilities in their present location, including electrical, gas, fiber optic and all other utilities, within said vacated roadways.

  1. Said portions of said county roads vacated shall not be closed until the properties serviced by said roads are no longer occupied by the current residents. However, the vacated portion of County Road 25 East running south from County Road 100 North to the northernmost residence on County Road 25 East may be closed upon the commencement of construction by VeraSun of said ethanol facility.

  1. The vacated portions of said county roads shall become the property of VeraSun only if VeraSun acquires tile to the Real Estate. Upon such transfer of title, the Auditor of White County shall enter the vacated roadways described above on the tax rolls of White County in the name of VeraSun.

  1. VeraSun shall be responsible for payment, including by reimbursement to White County, of all costs of engineering, design and surveying pertaining to, or in any way related to, the construction of the planned replacement county road in the event that VeraSun does not complete construction of its anticipated ethanol plant and related facilities by January 1, 2010. White County and VeraSun shall enter a contract for payment of such costs, the terms of which shall be incorporated herein by reference.

  1. VeraSun shall donate any real estate it owns along the eastern property line of Real Estate required by White County for construction of a standard replacement county road with approximately seventy (60’) of right-of-way.

  1. The White County Commissioners may waive or modify any or all of the above conditions, at their discretion, as may be considered required for the installation of said ethanol plant and by the residents in the vicinity thereof.

Commissioner Heimlich asked if there were any questions from anyone or the property owners regarding the proposed road being petition to vacate.

Brian Furrer asked the Commissioners to make sure that they make the road wide enough because there will be a lot of semis coming and going.

There being no further discussion Commissioner Heimlich closed the public hearing.

Commissioner Heimlich asked the Commissioners to consider Ordinance No 07-012-15-02 vacating portions of the County Roads 50 North and 25 East in Honey Creek Township, White County, Indiana.

Don Ward, County Engineer, questioned the 60’ of right-of-way for the construction of a replacement county road. He said that for this type of road 60’ is not enough. He explained that by the time you put in two 12’ lanes and two 8’ shoulders on each side this will only leave 10’ left on each side for the ditch. Mr. Ward suggested that it should be at least 70’ to 80’of right-of-way.

VeraSun representatives said that they do not have a problem with changing the ordinance to 70’ because they will be having their employees and customers traveling this road and they want it to be safe.

Commissioner Heimlich asked the Commissioners to approve the ordinance with the change in Paragraph 6 from 60’ to 70’ of right-of-way.

  • Commissioner Burton made a motion to approve Ordinance No. 07-01-15-02 Vacating portions of County Roads 50 North and 25 East in Honey Creek Township, White County, Indiana, seconded by Commissioner Schmierer. Vote: Unanimous

WHITE COUNTY ORDINANCE NO. 07-01-15-02

AN ORDINANCE VACATING PORTIONS OF COUNTY ROADS 50 NORTH AND 25 EAST IN HONEY CREEK TOWNSHIP, WHITE COUNTY, INDIANA

WHEREAS, a Petition has been filed with the Board of Commissioners of White County, Indiana, seeking of a vacation portions of platted public roads in Honey Creek Township, White County; and

WHEREAS, the Board of Commissioners of White County, Indiana, has examined the Petition, scheduled and held a public hearing upon said Petition after having given public notice therof by publication in a newspaper of general circulation in White County, Indiana, said publication being more than ten (10) days prior to the date of said public hearing, all pursuant to statute; and

WHEREAS, it is in the best interests of the citizens of Honey Creek Township and of White County, Indiana, to vacate such portions of said platted public roads which are not necessary for the any city or town, and where such vacation will not leave any other real estate without a right to ingress and egress, and where such vacation will not cut off the public’s access to any public building, church or school; and

WHEREAS, the Board of Commissioners of White County, having heard evidence on said Petition and being sufficiently advised in the premises, now finds that said Petition should be approved and granted, and that the portions of the platted public roads as specifically described in said Petition, should be vacated.

NOW THEREFORE, BE IT HEREBY ORDAINED, that the portions of County Road 25 East and County Road 50 North located in Honey Creek Township, White County, Indiana, be and the same are hereby vacated, and said portions of said roads being more fully described on Exhibit “A” attached hereto and made a part hereof.

HOWEVER, NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, the vacation of said portions of said public roads is expressly conditioned upon the following:

  1. VeraSun Energy Reynolds, LLC (“VeraSun”) must acquire title to the real estate described in Exhibit “B” attached hereto (the “Real Estate”).

  1. VeraSun shall grant easements for maintaining all existing utilities in their present location, including electrical, gas, fiber optic and all other utilities, within said vacated roadways.

  1. Said portions of said county roads vacated shall not be closed until the properties serviced by said roads are no longer occupied by the current residents. However, the vacated portion of County Road 25 East running south from County Road 100 North to the northernmost residence on County Road 25 East may be closed upon the commencement of construction by VeraSun of said ethanol facility.

  1. The vacated portions of said county roads shall become the property of VeraSun only if VeraSun acquires tile to the Real Estate. Upon shuch transfer of title, the Auditor of White County shall enter the vacated roadways described above on the tax rolls of White County in the name of VeraSun.

  1. VeraSun shall be responsible for payment, including by reimbursement to White County, of all costs of engineering, design and surveying pertaining to, or in any way related to, the construction of the planned replacement county road in the event that VeraSun does not complete construction of its anticipated ethanol plant and related facilities by January 1, 2010. White County and VeraSun shall enter a contract for payment of such costs, the terms of which shall be incorporated herein by reference.

  1. VeraSun shall donate any real estate it owns along the eastern property line of Real Estate required by White County for construction of a standard replacement county road with approximately seventy (60’) of right-of-way.

  1. The White County Commissioners may waive or modify any or all of the above conditions, at their discretion, as may be considered required for the installation of said ethanol plant and by the residents in the vicinity thereof.

BE IT HEREBY FURTHER ORDAINED, that the White County Auditor shall be provided a copy of this Ordinance and that this Ordinance is recorded by the White County Recorder.

PASSED AND ADOPTED by the Board of Commissioners of White County, Indiana, on this 15th day of January, 2007.

BARNES & THORNBURG LLP

White County Attorney George Loy presented a contract from Barnes & Thornburg confirming that they will serve as counsel to the Board of Commissioners in connection with the negotiation of economic development incentives relating to the proposed development of an ethanol facility by VeraSun Energy Corp.

  • Commissioner Schmierer made a motion to approve the contract with Barnes & Thornburgh as bond counsel in dealing with the TIF district with the ethanol plant, seconded by Commissioner Burton. Vote: Unanimous

There being nothing further to bring to the Commissioners meeting, their meeting was adjourned.

__________________________ _____________________________ __________________________

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

Attest: ________________________________________

Jill Guingrich, White County Auditor