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WHITE COUNTY REDEVELOPMENT COMMISSION – PUBLIC HEARING

The White County Redevelopment Commission held a Public Hearing on July 2, 2007, at 8:00 a.m. in the White County Courthouse, 2nd floor, Commissioners Conference Room.

Redevelopment Commission members present were: Connie Stimmel, Gary Hendryx, Craig LeBeau, Larry Klink, and Mark Howard.

Board Member Craig LeBeau called the Redevelopment Commission meeting to order.

Jerimi Ullom, Barnes & Thornburg, said that the purpose of today’s meeting is for the Redevelopment Commission to take its second and final action with respect to the proposed bond issues to support the infrastructure and other cost for the VeraSun project.

Mr. Ullom said that the Redevelopment Commission board members held a meeting on May 29, 2007, to adopt a preliminary resolution. Since then, publication have been made calling for the public hearing that is being held today to see if there is any public comments on the resolution. Following today’s meeting the Redevelopment Commission will be asked to adopt a confirming resolution, essentially making it final to establish the TIF area at the VeraSun site. A second resolution that will also need adopted pledges 75% of the TIF revenues to the bonds to be issued for the project leaving the 25% to be used by the Redevelopment Commission for the county for other purposes.

At this time, Jeremy Ullom opened the Public Hearing for any public comment on the Preliminary Resolution that was proposed on May 29, 2007. There was no one available for any public comment.

Jeremy Ullom closed the public hearing.

A copy of the following resolution was presented to the Redevelopment Commission.

RESOLUTION NO. 2007-3

RESOLUTION OF THE WHITE COUNTY REDEVELOPMENT COMMISSION CONFIRMING THE ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT AREA AND AN ALLOCATION AREA IN THE WHITE COUNTY, INDIANA, AND APPROVING AN ECONOMIC DEVELOPMENT PLAN FOR SAID AREA

WHEREAS, the White County Redevelopment Commission (the “Commission”), as the governing body for the White County Redevelopment Department (the “Department”), pursuant to Indiana Code 36-7-14, as amended (the “Act”), adopted a resolution on May 29, 2007, (the “Declaratory Resolution”) designating an area known as the VeraSun Economic Development Area (the “Economic Development Area””), as an economic development area pursuant to IC 36-7-14-41 and designated all of such area as an allocation area pursuant to IC 36-7-14-39 to be known as the “VeraSun Economic Development Allocation Area”; and

WHEREAS, the Declaratory Resolution also approved an economic development plan for the Economic Development Area (the “Plan”); and

WHEREAS, pursuant to Section 16 of the Act, the Plan Commission, on June 11, 2007, approved and adopted a resolution (the “Plan Commission Order”) determining that the Declaratory Resolution and the Plan conform to the plan of development for White County, Indiana (the “County”) and approving the Declaratory Resolution and the Plan; and

WHEREAS, pursuant to Sections 16 and 41 of the Act, the Board of Commissioners of the County, on June 4, 2007, adopted a resolution, which approved the Declaratory Resolution, the Plan, and the Plan Commission Order; and

WHEREAS, pursuant to Sections 16 and 41 of the Act, the Board of Commissioners of the County, on June 4, 2007, adopted a resolution, which approved the Declaratory Resolution, the Plan, and the Plan Commission Order; and

WHEREAS, the Commission has received the written orders of approval as required by Section 17(a) of the Act; and

WHEREAS, pursuant to Sections 17(a) and 17(b) of the Act, the Commission caused to be published and filed a Notice of Public Hearing with respect to the Declaratory Resolution; and

WHEREAS, pursuant to Section 17© of the Act, the Commission also filed with each taxing unit located wholly or partially within the Allocation Area a copy of the Notice of Public Hearing and a statement disclosing the impact of the area; and

WHEREAS, at the hearing (the “Public Hearing”) held by the Commission on the date hereof, the Commission heard all persons interested in the proceedings and considered any written remonstrance’s that were filed and all evidence presented; and

WHEREAS, the Commission now desires to take final action determining the public utility and benefit of the proposed development projects for the Economic Development Area and confirming the Declaratory Resolution, in accordance with Section 17 of the Act.

NOW, THEREFORE, BE IT RESOLVED by the White County Redevelopment Commission, as the governing body of the White County Redevelopment Department, as follows:

  1. After considering the evidence presented at the Public Hearing, the Commission hereby finds and determines that it will be of public utility and benefit to proceed with the proposed projects set forth in the Plan, and Plan is hereby approved in all respects.

  2. The Declaratory Resolution is hereby confirmed.

  3. It is noted that, for purposes of Section 10 of the Declaratory Resolution the base assessed value is the respective assessed value as of March 1, 2007.

  4. This Resolution constitutes final action, pursuant to Section 17(d) of the Act, by the Commission determining the public utility and benefit of the proposed projects and confirming the Declaratory Resolution pertaining to the Economic Development Area. The Secretary of the Commission is directed to record the final action taken by the Commission pursuant to the requirements of Sections 17(d) of the Act.

  • Redevelopment Commission board member Larry Klink made a motion to adopt Resolution No. 2007-3, Resolution of the White County Redevelopment Commission Confirming The Establishment of an Economic Development Area and an Allocation Area in the White County, Indiana, and Approving an Economic Development Plan for said Area, seconded by Redevelopment Commission Board Member Connie Stimmel. Vote: Unanimous

Jeremy Ulm presented another resolution pledging a portion of the tax increment revenues to the payment of the Economic Development Revenue Bonds.

RESOLUTION NO. 2007-4

A RESOLUTION OF THE WHITE COUNTY REDEVELOPMENT COMMISSION PLEDGING CERTAIN TAX INCREMENT REVENUES TO THE PAYMENT OF ECONOMIC DEVELOPMENT REVENUE BONDS OF WHITE COUNTY

WHEREAS, the White County Redevelopment Commission (the “Commission”) has previously created the VeraSun Economic Development Area (the “Economic Development Area”), has designated the area as the VeraSun Allocation Area (the “Allocation Area”) for purposes of the allocation and distribution of property taxes under IC 36-7-14-39, and has created the VeraSun Allocation Area Allocation Fund (the “Allocation Fund”), pursuant to IC36-7-14-39; and

WHEREAS, VeraSun Reynolds, LLC (the “Company”) intends to construct in the Economic Development Area an ethanol production facility (the “Facility”) that will create at least an estimated 55 new jobs (the “Project”); and

WHEREAS, the White County Economic Development Commission has approved and the County Council of White County, Indiana (the “County”) is considering the approval of the issuance of the White County, Indiana Taxable Economic Development Revenue Bonds, Series 2007A (VeraSun Reynolds, LLC Project) (the “2007A Bonds”), pursuant to a Trust Indenture, between the County and a trustee (the “Indenture”);

WHEREAS, the proceeds of the 2007A Bonds will be loaned to the Company and used (i) by the Company to the construction of a portion of the Project and (ii) by the County to certain infrastructure improvements which support the Project as described in further detail in Indenture; and

WHEREAS, as an inducement to the Company to located the Project in the County, the Commission has agreed to pledge a portion of the tax increment revenues generated from the Allocation Area to the payment of the 2007A Bonds.

NOW, THEREFORE, BE IT RESOLVED by the White County Redevelopment Commission, as follows:

  1. (a) There are hereby created within the following accounts (1) a 2007 Bond Account (the “2007 Bond Account”), and (2) a General Account (the “2007 Bond Account”), and (2) a General Account (the “General Account”).

    1. An amount equal to seventy-five percent (75%) of all real and personal property tax increment revenues generated from the Allocation Area through December 31, 2024, and deposited in the Allocation Fund pursuant to IC 36-7-14-39 (such portion of the tax increment revenues, the “Pledged TIF Revenues”) shall be set aside and on each January 15 and July 15, beginning not earlier than July 15, 2009, and continuing through and including January 15, 2025, deposited into the 2007 Bond Account and immediately transferred to the trustee for the 207A Bonds for deposit in the Bond Fund created under the Indenture. No real or personal property taxes generated from the Allocation Area following December 31, 2024, will be available for such purposes or are pledged hereunder. Upon the defeasance of the 2007A Bonds, the 2007 Bond Account of the Allocation Fund shall be dissolved, and any Pledged TIF Revenues remaining in such accounts shall be transferred to the General Account and may be used by the Commission for any purpose permitted by law.

    2. An amount equal to twenty-five percent (25%) of all real and personal property tax increment revenues generated from the Allocation Area and deposited in the Allocation Fund pursuant to IC 36-7-14-39 shall be deposited in the General Account and may be used by the Commission for any purpose permitted by law.

  1. Pursuant to IC 36-7-14-39(b)(2)(D) and IC 5-1-14-4, the Commission hereby pledges the Pledged TIF Revenues deposited into the 2007 Bond Account of the Allocation Fund to the payment of the 2007A Bonds.

  2. This resolution shall take effect immediately upon adoption by the Commission.

  • Redevelopment Commission Board Member Gary Hendryx made a motion to adopt Resolution No. 2007-4, A Resolution of the White County Redevelopment Commission Pledging Certain Tax Increment Revenues to the Payment of Economic Development Revenue Bonds of White County, seconded by Redevelopment Commission Board Member Mark Howard. Vote: Unanimous

There being no further business to come before the White County Redevelopment Commission, their meeting was adjourned.

BE IT REMEMBERED, that the White County Commissioners held a regular meeting on July 2, 2007, at 8:15 a.m. in the White County Courthouse, 2nd floor, Commissioners Conference Room.

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

Commissioner Heimlich called the Commissioners meeting to order.

MINUTES

  • Commissioner Schmierer made a motion to approve the minutes as presented for the June 18, 2007, regular Commissioners meeting, seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

  • Commissioner Burton made a motion to approve the payroll as presented for July 2, 2007, seconded by Commission Schmierer. Vote: Unanimous

CLAIMS

  • Commissioner Schmierer made a motion to approve and pay the claims as advertised for July 2, 2007, seconded by Commissioner Burton. Vote: Unanimous

APPOINTMENT TO THE WAGE BOARD HEARING FOR A CITY OF MONTICELLO PROJECT – PINE VIEW SEWER

Commissioner Heimlich said that a Public Hearing will be held for the Pine View Sewer project for the City of Monticello and a county appointment needs to be made.

  • Commissioner Burton made a motion to appoint Commissioner Ron Schmierer to the Wage Board Hearing for the City of Monticello Pine View Sewer project, seconded by Commissioner Heimlich. Vote: Unanimous

CONTRACT FORMAT FOR RECORDER’S OFFICE – LAREDO EXTERNAL INTERNET ACCESS

White County Recorder, Paula Lantz, appeared before the Commissioners saying that she has been working with Fidlar Software to come up with an on-line access site for the public to access county records for her department. Fidlar Software can provide this service to our county by having the tax payer sign a contract and paying a subscription fee over a three month period. Mrs. Lantz has decided on a subscription fee that she feels is not extremely costly to the user and it would also generate some money for the county.

Commissioner Heimlich asked if this would be mainly abstract companies and realtors and mortgage lenders. Mrs. Lantz said, “Yes, this will eliminate the user from having to drive to the courthouse and they now will have the ability to have access 24/7”.

Mrs. Lantz presented a copy of a contract that will be given to the customer for the services. She asked the Commissioners if they would approve the contract format. This same service is being used by LaPorte County, Saint Joseph County, and Allen County.

The monthly plan for the user will be as follows:

Plan Monthly Charge County

To User Receives

0-250 minutes $50.00 $25.00

251-1000 minutes $100.00 $55.00

1001-3000 minutes $200.00 $120.00

Unlimited $250.00 $167.00

This money will be deposited in the Recorder’s Perpetration Fund and there will not be any cost to the county.

Mrs. Lantz explained that this service is still not cheap enough ($50/day) for the local businesses that come in and research, but she said that Fidlar Software does have another service available called “quick search”. This will allow anyone to do a quick search for only $3.99 and $6.99 for a full search and $.50 for each image printed out.

White County Attorney George Loy said that he has reviewed the contract and he does not have any problems with it.

  • Commissioner Burton made a motion to approve the proposed format for external internet access for the Recorder’s Office as presented, Seconded by Commissioner Schmierer. Vote: Unanimous

PIOTROWSKI ESTATE – VACATED ROADWAY AMENDMENT

Commissioner Burton discussed a vacated roadway that was approved by the Commissioner on November 6, 2006, for the Piotrowski estate. Commissioner Burton said that the legal description for that roadway was incorrect and he was asked last week if the new legal description could be amended in the ordinance.

White County Attorney George Loy said that the old legal description was incorrect because it included too much property. This information was noticed by the realtor. He said that there is a new legal description (survey) presented and the Commissioners could make a motion to amend the ordinance as to the legal description only.

Commissioner Heimlich discussed that the original ordinance was approved on November 6, 2006, and then an amendment was done on December 4, 2006, and now they are saying that the description is still incorrect.

Commissioner Burton confirmed that Piotrowski and Attorney Uttermohlen are aware of this change being presented by the realtor.

Attorney George Loy said that it is the responsibility of the owner to prepare the documents to amend the ordinance.

  • Commissioner Burton made a motion to adopt Ordinance No. 07-07-02-02 making an amendment to Ordinance No. 06-11-06-01, which was an ordinance vacating a platted roadway in Liberty Township, the original legal description described a .033 acre tract and the amended legal description is .030 acre tract, seconded by Commissioner Schmierer. Vote: Unanimous

PROPERTY RELEASE FORMS

Commissioner Heimlich presented two “Property Release Forms” to be authorized by the Commissioners from Milestone. They are for two properties: one of them is located on the corner of CR 225 and West Shafer Drive and the other is at the old jail site where they hauled waste dirt.

  • Commissioner Burton made a motion to authorize Commissioner Heimlich to sign off on the Property Release Forms after receiving the County Highways Superintendent’s approval, for Milestone, seconded by Commissioner Schmierer. Vote: Unanimous

ANTI-DRUG ENFORCEMENT VEHICLE

Commissioner Heimlich said that the vehicle lease for the Anti-Drug Enforcement officer is about to expire and he has been approached by the White County Prosecutor to see if the county would like to buy-out the lease. The truck was leased with funds received from a grant and the vehicle is in the White County Commissioners name.

Commissioner Heimlich said that the Building Inspector, Dave Anderson, is scheduled for a new truck in 2008 and this might be a good vehicle for him to have.

The Commissioners would like to get more information on the year of the truck and the mileage before a decision is made.

BILL SMOCK – PICTURES

Commissioner Heimlich presented copies of painted pictures that Mr. Bill Smock has painted while serving in the War in Iraq. These pictures have been on display in an Art Museum in Indianapolis and he is currently asking permission to put them on display in the courthouse during the month of July. PERMISSION WAS GRANTED

AMENDMENT TO THE WHITE COUNTY ZONING ORDINANCE

White County Area Plan Director Diann Weaver appeared before the Commissioners presenting an amendment to their ordinance. They are requesting to amend the definition to the B-1 zoning to allow a single family residence in the upstairs and to amend the Official Schedule of Uses to allow this use.

Existing Definition: Are established to include areas that are in close proximity to residential areas and provided convenient retail and personal service needs with a minimum impact on the surrounding residential areas.

Proposed Definition: The B-1 neighborhood business district is a mixed used district which provides for typical neighborhood and downtown retail uses that are smaller scale retail, personal service needs and residential that would be located on the second floor of buildings. The uses in these areas should serve smaller populations in the incorporated towns and within downtown areas.

The Area Plan Commission voted to recommend this amendment to the County Commissioners by a vote of 6 Yes and 0 No. Mrs. Weaver said that this has already been forwarded on to the Towns and Cities in White County.

Mrs. Weaver did present a revised “”Official Schedule of Uses” to the Commissioners.

Commissioner Heimlich said that this is in the new proposed ordinance and they have had several instances come up where this was an issue.

  • Commissioner Schmierer made a motion to approve Ordinance No. 07-07-02-01, amending the zoning ordinance allowing residences overhead in a B-1 District, seconded by Commissioner Burton. Vote: Unanimous

AMENDMENT TO THE ZONING ORDINANCE OF WHITE COUNTY STATE OF INDIANA

ORDINANCE NO. 07-07-02-01

WHEREAS, the White County Area Plan Commission has initiated and prepared this ordinance to amend the White County Zoning Ordinance pursuant to IC 36-7-4-602(c) and IC 36-7-4-607;

WHEREAS, the White County Area Plan Commission has reported that it held a public hearing concerning this ordinance on June 11, 2007, after timely notification of the hearing was given by publication in the Herald Journal, Monticello, Indiana on or before the 1st day of June, 2007 as required by IC 36-7-4-604;

WHEREAS, the White County Area Plan Commission has reported that it paid reasonable regard to the factors enumerated in IC 36-7-4-603 in consideration of the ordinance and determination or a recommendation to be made to the legislative body of White County;

WHEREAS, the White County Area Plan Commission has certified this ordinance to the legislative body with a recommendation by a majority vote in favor of adoption pursuant to IC 36-7-4-603 before acting on this ordinance;

WHEREAS, the legislative body recognizes that certain land uses, by their very nature, require restricted size of signage. Because the restrictions are a necessary aspect of zoning use to the public it is deemed that such restrictions on signage are not detrimental to the public safety and welfare.

WHEREAS, the legislative body has determined that this ordinance should be adopted without amendment as certified by the White County Area Plan Commission pursuant to IC 36-7-4-607; therefore,

BE IT ORDAINED AND ADOPTED BY THE LEGISLATIVE BODY OF WHITE COUNTY, INDIANA:

AMENDING CHAPTER III: DISTRICTS

3.0007 “B-1” Business District

The B-1 neighborhood business district is a mixed used district which provides for typical neighborhood and downtown retail uses that are smaller scale retail, personal service needs and one single family residence that would be located on the second floor of buildings. The uses in these areas should serve smaller populations in the incorporated towns and within downtown areas.

Table 1 OFFICIAL SCHEDULE OF USES

As attached

WHITE COUNTY MEMORIAL HOSPITAL BOARD APPOINTMENT

Commissioner Heimlich announced that the hospital appointment will not be made until the next meeting on July 16, 2007.

DLZ ENGINEERING

Bob Kirkley appeared before the Commissioners offering a pamphlet on DLZ Engineering and saying that they would like to have an opportunity to work with the county in the future.

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

______________________________ _____________________________ _____________________________

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

ATTEST: ______________________________

White County Auditor, Jill Guingrich