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APC SPECIAL MEETING MARCH 25, 2013

The White County Area Plan Commission held a special meeting on Monday, March 25, 2013, at 6:00 p.m. in the Commissioners’ Meeting Room, Second Floor, County Building, Monticello, Indiana.

Members attending were: Mark Bentlage, Richard Lynn, Jim Mann, Dave Rosenbarger, Dennis Sterrett, Dave Stimmel, Donald Ward, and Brad Ward. Absent members were: Charles Anderson, Jim Annis, Michael Smolek.

Also attending were Attorney Abigail Diener, Executive Director Joe Rogers, and Administrative Assistant Erin Carlson.

 

Visitors attending were: White County Commissioner John Heimlich, White County Economic Development Director Randy Mitchell.

The meeting was called to order by Vice-President Jim Mann. Executive Director Joe Rogers certified for the record that each member of the Commission was notified of this special meeting as is required by State statute, both by email and by telephone communication with Area Plan staff. This certifies that such notification was completed according to Indiana statute and the APC Rules of Practice and Procedure.

Vice-President Mann summarized for the Board the specific purpose of the special meeting, details of which all members received via email, specifically referencing the proposed Order of the White County Area Plan Commission, a copy of which is attached hereto as "Exhibit B". Vice-President Mann then asked if either County Commissioner Heimlich or Director Randy Mitchell of the White County Economic Development Commission wished to address the members.

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Business:

Amendments to the VeraSun TIF District Resolution: Randy Mitchell introduced himself to the Board and read the following statement, prepared by the law offices of Barnes and Thornburg, LLC, into the record:

"The Redevelopment Commission previously created an Economic Development Area and TIF Allocation Area for the VeraSun project. Magnetation is locating its new facility on that same site. To accommodate the Magnetation project and related TIF financing, the Redevelopment Commission adopted a resolution that made certain amendments to the original Declaratory Resolution and the original Economic Development Plan. Those amendments consists of: (i) name changes to the reflect that Mag Pellet, LLC (an affiliate of Magnetation) will now complete the project at the site, (ii) designation of Mag Pellet, LLC as a "designated taxpayer" from which personal property taxes may be captured as TIF, and (iii) the adoption of a supplement to the original Economic Development Plan, which describes the proposed financing for Magnetation (See Exhibit A of the Redevelopment Commission's resolution for the supplement).

IC 36-7-14 charges the Plan Commission with determining whether amendments conform with the plan of development for the County and then approving the resolution and supplement to the Economic Development Plan. As the proposed amendments do not change the type of use planned for that site, the Plan Commission can easily provide that finding and approval. The Plan Commission should not view themselves as being asked to approve any TIF financing or incentives or the project generally, but rather simply being asked to determine that the Redevelopment Commission's plans are consistent with the general plan of development for that site."

Mr. Mitchell advised that the White County Commissioners approved the resolution on March 18, 2013, and that the APC was now being asked for the above-referenced approval.

There being no questions either from the Board or to the Board, Richard Lynch moved that the members vote on the 2-page Order as presented. Dave Rosenbarger seconded the motion and a vote was called.

Result: 8 votes cast; 8 in favor, 0 opposed. Resolution and Plan approved.

Vice-President Mann and Director Rogers agreed that the required signatures would be affixed to the Order and the appropriate copies distributed to applicable parties by Area Plan staff.

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There being no further business, Vice-President Mann adjourned the meeting at 6:11 pm, following a motion by Dave Rosenbarger and a second by Dave Stimmel.

Respectfully submitted,

Donald W. Ward, Secretary

White County Area Plan Commission

Joseph W. Rogers, Executive Director

White County Area Plan Commission

Document Prepared By: White County Area Plan Secretary, Erin Carlson “I AFFIRM, UNDER THE PENALTIES FOR PERJURY, THAT I HAVE TAKEN REASONABLE CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN THIS DOCUMENT, UNLESS REQUIRED BY LAW.”


EXHIBIT A

WHITE COUNTY AREA PLAN COMMISSION

NOTICE OF SPECIAL SESSION

March 25, 2013

6:00 p.m.

2nd Floor Conference Room

White County Building

Monticello, IN 47960

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AGENDA

6:00 P.M.: The White County Area Plan Commission will conduct a Special Session to consider the following:

1. Amendments to the VeraSun TIF District Resolution


EXHIBIT B

ORDER OF THE WHITE COUNTY AREA PLAN COMMISSION DETERMINING THAT A RESOLUTION AND PLAN SUPPLEMENT APPROVED AND ADOPTED BY THE WHITE COUNTY REDEVELOPMENT COMMISSION CONFORM TO THE COMPREHENSIVE PLAN AND APPROVING THE RESOLUTION AND ECONOMIC DEVELOPMENT PLAN SUPPLEMENT

COPYWHEREAS, the White County Redevelopment Commission (the “Commission”), pursuant to Indiana Code 36-7-14, as amended (the “Act”), on May 29, 2007, adopted Resolution No. 2007-2, as confirmed on July 2, 2007, following a public hearing, by Resolution No. 2007-03 (collectively, the “Original Declaratory Resolution”) for the purpose of (i) declaring an area in White County, Indiana (the “County”), known as the VeraSun Economic Development Area (the “Economic Development Area”) to be an “economic development area” within the meaning of Section 41 of the Act, (ii) designating the entire Economic Development Area as an “allocation area” for purposes of the Section 39 of the Act (the “Allocation Area”), (iii) designating one or more taxpayers as “designated taxpayers” for purposes of Section 39.3 of the Act, and (iv) approving the Economic Development Area Plan for the Economic Development Area, dated May 29, 2007 (the “Original Plan”); and

WHEREAS, on March 18, 2013, the Redevelopment Commission adopted Resolution No. 2013-1 (the “Resolution”), which amends the Original Declaratory Resolution and the Original Plan by (1) designating Mag Pellet, LLC as a “designated taxpayer” for purposes of Section 39.3 of the Act, (2) amending the name of the Economic Development Area to be the “Mag Pellet, LLC Economic Development Area” and the name of the Allocation Area to be the “Mag Pellet, LLC Economic Development Allocation Area”, and (3) adopting the supplement to the Original Plan attached thereto as Exhibit A (the Original Plan, as supplemented, the “Plan”); and

WHEREAS, the Redevelopment Commission has submitted the Resolution and the Plan to this Plan Commission.

NOW, THEREFORE, BE IT ORDERED BY THE WHITE COUNTY AREA PLAN COMMISSION, as follows:

1. That the Resolution and the Plan conform to the plan of development for the County.

2. That this Plan Commission hereby approves the Resolution and the Plan.

3. That this Order hereby constitutes the written order of the Plan Commission approving the Resolution and the Plan pursuant to Section 16 of the Act.

4. That the Secretary of this Plan Commission is hereby directed to file a copy of the Resolution with the minutes of this meeting.


Passed by the White County Area Plan Commission this 25th day of March, 2013.

COPY


WHITE COUNTY AREA PLAN
COMMISSION

President

ATTEST:

___________________________

Secretary