BE IT REMEMBERED THE HENRY COUNTY COUNCIL OF HENRY COUNTY, INDIANA, met in regular session in the Courthouse Circuit Courtroom, in the City of New Castle, Indiana, on Wednesday, December 17, 2014, at 3:30 P.M., with the following members present: Nate LaMar, Richard Bouslog, Michael Thalls, Harold Griffin, Robin Reno-Fleming, Steve Dugger, Clay Morgan, Patricia A. French, Auditor and Scott Hayes County Attorney. The meeting was opened with the invocation led by Mr. Dugger, followed with the Pledge to the Flag led by Mr. Bouslog. A motion was made by Mr. Bouslog and seconded by Mr. Morgan to approve the minutes from the November 26 th meeting. Motion carried 6-0. A motion was made by Mrs. Fleming and seconded by Mr. Thalls to approve the minutes from the budget workshops, budget adoption and Non-Binding review meeting held on September 24, 2014. Motion carried 6-0. Corey Murphy, EDC Director, introduced Mary Soloda, attorney for NextEra. Ms. Soloda presented two documents for approval regarding the Whitewater Wind Project. The first document was a resolution for a real & personal property tax abatement for 10 years. A motion was made by Mr. Bouslog and seconded by Mr. Morgan to approve the tax abatement resolution as presented. Motion carried 6-0. The second document was a resolution to establish a Wind Farm Economic Development fund along with an expense fund to disperse payments for legal fees. A motion was made by Mrs. Fleming and seconded by Mr. Thalls to approve the resolution as presented. Motion carried 6-0. RESOLUTION NO. 2014-7 RESOLUTION OF THE COUNTY COUNCIL OF HENRY COUNTY, INDIANA ESTABLISHING THE WIND FARM ECONOMIC DEVELOPMENT FUND AND THE WIND FARM EXPENSE FUND AND MAKING A RELATED APPROPRIATION WHEREAS, Henry County, Indiana (the County ) and Whitewater Wind, LLC (the Company ) have entered into an Economic Development Agreement (the Agreement ), pursuant to which the Company will construct a wind-powered electric generating facility in the County (the Project ); WHEREAS, pursuant to the Agreement, in consideration for the anticipated restriction of certain other new commercial development and employment in portions of the County as a consequence of the Project, the Company has agreed to make certain economic development payments to the County (the Whitewater Economic Development Payments ); WHEREAS, pursuant to the Agreement, the Whitewater Economic Development Payments shall constitute a contribution by the Company to the furtherance of other economic development in the County and shall not constitute a payment in lieu of any tax, charge, or fee of the County or any other taxing unit; WHEREAS, pursuant to the Agreement, the Whitewater Economic Development Payments shall be used by the County for the construction, repair, or maintenance of infrastructure, the improvement of the park systems, economic development projects or other services provided in the County, or other purposes which improve the quality of life in the County and thereby foster economic development in the County; WHEREAS, other portions of the County may be suitable for wind-powered electric generating facilities, and the Company or other entities developing such facilities may make payments similar to the Whitewater Economic Development Payments to the County with respect to the development and construction of additional facilities (the Whitewater Economic Development Payments and any similar payments with respect to the development of additional facilities, collectively, the Economic Developments Payments ); WHEREAS, pursuant to the Agreement, the Company will also make a payment (the Whitewater Expense Payment ) to the County which shall be used by the County to pay the County s legal, financial advisory, and other expenses incurred with respect to the negotiation, execution and implementation of the Agreement and the incentives and other agreements described in the Agreement (the Whitewater Expenses ); WHEREAS, other portions of the County may be suitable for wind-powered electric generating facilities, and the Company or other entities developing such facilities may make payments similar to the Whitewater Expense Payment to the County with respect to the development and construction of additional facilities (the Whitewater Expense Payment and any similar payments with respect to the development of additional facilities, collectively, the Expense Payments ); WHEREAS, this Council desires to establish funds for the purpose of the deposit and expenditure of the Economic Development Payments and the Expense Payments; WHEREAS, the Council has found that there are insufficient funds available or provided for in the existing budget and tax levy which may be applied to the Whitewater Expenses, and that an extraordinary emergency exists for the making of the additional appropriation hereafter set out; and WHEREAS, notice of a hearing on said appropriation has been duly given by publication as required by law, and the hearing on said appropriation has been held, at which all taxpayers had an opportunity to appear and express their views as to such appropriation. 1
NOW, THEREFORE, THE COUNTY COUNCIL OF HENRY COUNTY, INDIANA RESOLVES THE FOLLOWING: Section 1. There is hereby established two separate funds of the County to be designated as: (a) the Henry County, Indiana Wind Farm Economic Development Fund (the Economic Development Fund ), into which all Economic Development Payments shall be deposited upon receipt by the County, and (b) the Henry County, Indiana Wind Farm Expense Fund (the Expense Fund ) into which all Expense Payments shall be deposited upon receipt by the County. Section 2. All amounts on deposit in the Economic Development Fund shall be expended for the payment of the costs of County for the construction, repair, or maintenance of infrastructure, the improvement of the park systems, economic development projects or other services provided in the County, or other purposes which improve the quality of life in the County and thereby foster economic development in the County, including related professional fees and incidental expenses, all which shall be determined by the Henry County Commissioners and the Henry County Council. Section 3. All amounts on deposit in the Expense Fund shall be expended for the payment of legal, financial advisory, and other expenses related to the negotiation, execution and implementation of the Agreement (including the incentives and other agreements described in the Agreement) and any other agreement related to the development, construction, and implementation of wind-powered electric generating facilities in the County. Section 4. There is hereby appropriated from the Expense Fund the sum of Fifteen Thousand Dollars ($15,000) to pay the Whitewater Expenses. Such appropriation shall be in addition to all appropriations provided for in the existing budget and shall continue in effect until the completion of the described purposes. Section 5. Any member of the Board of Commissioners or the County Council, the Auditor of the County, and the County Attorney are hereby authorized, empowered and directed, on behalf of the County to take any other action as such individual deems necessary or desirable to effectuate the foregoing resolutions and any actions heretofore made or taken be, and hereby are, ratified and approved. Section 6. This Resolution shall be in full force and effect from and after its adoption by the Council. RESOLUTION NO. 2014-8 COUNTY COUNCIL OF HENRY COUNTY, INDIANA FINAL ECONOMIC REVITALIZATION AREA RESOLUTION CONFIRMING THE DESIGNATION OF AN ECONOMIC REVITALIZATION AREA AND GRANTING REAL AND PERSONAL PROPERTY TAX ABATEMENT WHITEWATER WIND, LLC WHEREAS, I.C. 6-1.1-12.1 allows an abatement of real and personal property taxes attributable to redevelopment or rehabilitation activities in Economic Revitalization Areas ; and WHEREAS, I.C. 6-1.1-12.1 empowers the Henry County Council ( Council ) to designate an economic revitalization area ( ERA ) by following a procedure involving the adoption of a preliminary resolution, provision of public notice, conducting of a public hearing and adoption of a final resolution confirming the preliminary resolution or a modified version of the preliminary resolution; and WHEREAS, Whitewater Wind, LLC, the applicant ( Whitewater ), has an ownership interest (as long-term lessee) in Dudley Township, in Henry County, Indiana, as shown on the project map attached hereto as Exhibit A (collectively, the Subject Real Estate ) to be developed for a potential wind energy farm (the Project ); and WHEREAS, Whitewater requested that the Subject Real Estate be designated as an ERA for the purpose of achieving real and personal property tax abatements; and ` 2
WHEREAS, Whitewater submitted a Statement of Benefits, Form SB-1/UD (Utility Distributable Property) and the project map to the Council in connection with the Subject Real Estate and provided all information and documentation necessary for the Council to make an informed decision (the Statement ); and WHEREAS, the Council has considered the following factors under I.C. 6-1.1-12.1-17 in connection with the Project: 1. The total amount of Whitewater s investment in real and personal property under the Project; 2. The number of new full-time equivalent jobs to be created under the Project; 3. The average wage of the new employees under the Project compared to the state minimum wage; and 4. The infrastructure requirements for the Whitewater s investment under the Project; (collectively, the Deduction Schedule Factors ). WHEREAS, during a preliminary hearing on November 26, 2014, the Council received evidence about whether the Subject Real Estate should be designated as an ERA and, after making the findings required by I.C. 6-1.1-12.1, the Council adopted Resolution No. 2014-4 (hereinafter the Preliminary Resolution ) designating the Subject Real Estate as an ERA in which the Subject Real Estate is allowed abatement of real and personal property taxes as further described herein subject to the adoption of a final resolution by the Council; and WHEREAS, the Council fixed December 17, 2014, for a final public hearing for the receiving of remonstrances and objections from persons interested in whether the Subject Real Estate should be designated as an ERA and be allowed abatement; and WHEREAS, a copy of the Preliminary Resolution was properly filed with the Henry County Assessor and proper legal notices were published indicating the adoption and substance of such Preliminary Resolution and stating when and where such final hearing would be held; and WHEREAS, at such final public hearing, evidence and testimony (along with any written remonstrances and objections previously filed) were considered by the Council; and WHEREAS, Whitewater and the Council intend and understand that in the event that the Subject Real Estate is designated an ERA, pursuant to I.C. 6-1.1-12.1-2(i)(6), any real and personal property tax abatement received by Whitewater would be subject to conditions more particularly described in the Economic Development Agreement and entered into by the Council, County Commissioners and Whitewater (the EDA ). NOW, THEREFORE, IT IS FOUND, DETERMINED AND RESOLVED: 1. That the estimate of the value of the redevelopment or rehabilitation of the Subject Real Estate is reasonable for projects of that nature and the estimate of the cost of the new manufacturing equipment to be installed in connection with the proposed Project is reasonable for equipment of that type. 2. That the estimate of the number of individuals who will be employed or whose employment will be retained as a result of the proposed redevelopment or rehabilitation of the Subject Real Estate and the installation of the new manufacturing equipment can be reasonably expected to result from the proposed redevelopment or rehabilitation of the Subject Real Estate and the proposed installation of new manufacturing equipment. 3. That the estimate of annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed redevelopment or rehabilitation of the Subject Real Estate and the proposed installation of new manufacturing equipment. 4. That the number of individual opportunities for employment, both temporary and permanent, and the compensation to be paid to employees, along with the value of the acquisition and construction of improvements as a result of the Project, create benefits of the type and quality anticipated by the Council within the ERA and can reasonably be expected to result from the proposed Project and the redevelopment or rehabilitation of the Real Property and the proposed installation of new manufacturing equipment. 5. That the benefits described in the Statement can reasonably be expected to result from the proposed redevelopment or rehabilitation of the Real Property and the proposed installation of new manufacturing equipment. 3
6. That the totality of benefits from the proposed redevelopment or rehabilitation of the Subject Real Estate and the proposed installation of new manufacturing equipment is sufficient to justify a ten (10) year real property tax deduction period and a ten (10) year personal property tax deduction schedule for the Project. 7. That the Deduction Schedule Factors in connection with the Project justify granting the deduction schedule for both real and personal property under I.C. 6-1.1-12.1-17 as specified herein. 8. The map of the Subject Real Estate in the form attached hereto as Exhibit A shall be the ERA. NOW, THEREFORE, based on the foregoing, the Council, taking final action, further RESOLVES, FINDS AND DETERMINES: 1. That all of the conditions for the designation of the ERA and all of the requirements for the tax abatement to be granted hereby have been met, and the foregoing findings are true and all information required to be submitted has been submitted in proper form. 2. That the Statement submitted by Whitewater is hereby approved. 3. That the Council has held a final public hearing for the purpose of receiving remonstrances and objections after public notice thereof, as required by law. 4. That the Subject Real Estate is hereby designated as an ERA pursuant to I.C. 6-1.1-12.1-1 et seq. and such designation shall expire as of the commencement of the 2029 tax year. 5. That Whitewater is hereby entitled to real property tax deductions under I.C. 6-1.1-12.1-4 for the proposed redevelopment or rehabilitation of the Real Property as part of the Project for a period of ten years and in accordance with the following abatement schedule under I.C. 6-1.1-12.1-17, and personal property tax deductions under I.C. 6-1.1-12.1-4.5 for the proposed installation of new manufacturing equipment as part of the Project for a period of ten years and in accordance with the following abatement schedule under I.C. 6-1.1-12.1-17, (all as in effect on the date hereof): 4
YEAR OF DEDUCTION % ABATED 1 100% 2 90% 3 80% 4 70% 5 60% 6 50% 7 40% 8 30% 9 20% 10 10% 6. That upon notice to the Council and upon Whitewater s assignment of the EDA on the terms and conditions set forth therein, Whitewater may assign its rights and obligations under this Final Resolution, including, but not limited to, the right to claim deductions and any other rights or obligations contained under I.C. 6-1.1-12.1, to an assignee of Whitewater s rights and obligations under the EDA. 7. That this Final Resolution shall be effective immediately upon its passage. 8. That the Council shall cause this Final Resolution to be filed with the Henry County Assessor. 9. This Resolution is supplementary to and in addition to any prior resolutions and, to the extent any prior resolutions are inconsistent herewith, they are hereby modified. 10. That, notwithstanding anything contained herein to the contrary, the granting of the tax abatement described herein is conditioned on and subject to Whitewater s compliance with the terms of the EDA. 5
This Final Resolution is adopted by the Council this 17 th day of December, 2014. A motion was made by Mr. Dugger and seconded by Mrs. Fleming to allow the Highway to replace two employees retroactive. Motion carried 6-0. A motion was made by Mrs. Fleming and seconded by Mr. Thalls to approve the transfer for the Commissioners, transferring $1350 from Trash Pick-Up and Maintenance Supplies into Vehicle Maintenance. Motion carried 6-0. A motion was made by Mr. Griffin and seconded by Mr. Bouslog to approve a transfer for the Park, transferring $700 from Park Supplies into Park Utilities. Motion carried 6-0. A motion was made by Mr. Morgan and seconded by Mrs. Fleming to approve a transfer for E-911, transferring a total of $9500 from various accounts into Part Time. Motion carried 6-0. A motion was made by Mr. Thalls and seconded by Mr. Griffin to approve a transfer for the Public Defender, transferring a total of $1360.63 from various accounts into Contractual Services. Motion carried 6-0. A motion was made by Mrs. Fleming and seconded by Mr. Morgan to approve a transfer for the Health Department, transferring a total of $27,670 from various accounts into Group Insurance. Motion carried 6-0. A motion was made by Mrs. Fleming and seconded by Mr. Bouslog to approve a transfer for the Council, transferring $989 from Employee Benefits into Medical for membership to NACO. Motion carried 6-0. A motion was made by Mr. Griffin and seconded by Mr. Dugger to approve the Sheriff contract for 2015, which is the same salary as in 2014. Motion carried 6-0. SHERIFF'S COMPENSATION AGREEMENT THIS AGREEMENT effective the 1st day of January, 2015 and between Richard McCorkle Sheriff of Henry County, Indiana, ("Sheriff') and the Henry County Council (hereinafter referred to as "the County"); WITNESSETH: WHEREAS, I.C. 6-8.1-8-3 (a copy of which is attached hereto and made a part hereof as Attachment A) provides that the Sheriff is entitled to fees for collection of certain tax warrants; and WHEREAS, I.C. 36-8-10-7 (a copy of which is attached hereto and made a part hereof as Attachment B) provides that the Sheriff is entitled to fees for the provision of prisoner meals, and WHEREAS, I.C. 36-2-13-2.5(b) (a copy of which is attached hereto and made a part hereof as Attachment C) provides that the Sheriff and the County may enter into an agreement providing for a salary contract for the Sheriff which provides for a fixed amount of compensation for the Sheriff payable from the county general fund in the manner that salaries of other county officials are paid in place of fee compensation and meal allowances, and WHEREAS, for his term beginning January 1, 2015 Richard McCorkle in consideration of the County's approval of a fixed amount of compensation, is willing to assign to the County those monies he would otherwise by law be entitled to keep from tax warrant collections and the provision of prisoner meals; and WHEREAS, the County, in consideration of the Sheriff s assignment of such monies to the County, is willing to approve and pay the Sheriff a fixed amount of compensation. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. The Sheriff shall assign to the County, and deposit into the Henry County General Fund upon his receipt thereof, for use for any general fund purpose, any and all collection fees pursuant to I.C. 6-8.1-8-3. 2. The Henry County Council shall appropriate funds for prisoner meals, and the County will pay prisoner meal expenses subject to the state commissioner's limits under I.C. 36-8-10-7. The Sheriff, his officers, deputies and/or employees shall not make a profit from the appropriation. 3. The parties agree that said fees and meal allowances are the sole and absolute property of the County and shall not be deemed compensation for employment under the Internal Revenue Code. 4. The Sheriff shall at all times maintain all required records and reports in such manner as prescribed by the County and the Indiana State Board of Accounts. 6
5. Nothing in this agreement shall be construed as limiting the Sheriffs medical, retirement or disability benefits previously established by the County, and such benefits shall be in addition to and not considered a part of the fixed amount of compensation provided for in paragraph 8, below. 6. Nothing in this agreement shall be construed in any manner to relieve the Sheriff of his responsibilities under I.C. 6-8.1-8-3 or I.C. 36-8-10-7. 7. In consideration of the agreements herein, the County hereby establishes a fixed amount of compensation for the Sheriff, that fixed amount in accordance with I.C. 36-2-13-2.5(b) said base salary for the Sheriff to equal Eighty Thousands, Seven Hundred and Ninety Nine Dollars ($80,866.76) to be paid bi-weekly or upon any other regular pay schedule adopted by the County for its employees, provided that the total annual compensation dose not include the County share of pension and social security contributions. This compensation shall be paid from the County s general fund in the manner that salaries of other County officials are paid. 8. As required by I.C. 36-2-13-2.5(b), the Sheriff shall file an accounting of expenditures for feeding prisoners with the county auditor on the first Monday of January and the first Monday of July of each year. 9. The Sheriff shall execute and deliver to Henry County such documents as may be required to effectuate the terms of this agreement. 10. The term of this agreement shall be from January 1, 2015 through December 31, 2015 or if Richard McCorkle s term as Sheriff of Henry County ends earlier, then this agreement shall terminate on such earlier date. 11. Should any provision, section, paragraph, sentence, clause or any other portion of this agreement be declared by a court of competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected, if such provisions can, without the invalid provision or provisions, be given the effect intended by the parties hereto. Mr. Butch Baker, Sheriff, update the Council regarding the Indiana Bond Bank Hoosier Equipment Lease Program (HELP). The County would be leasing 4 new Sheriff Vehicles at a rate of 1.658% for three years. A motion was made by Mr. Griffin and seconded by Mr. Thalls to approve the financing. Motion carried 6-0. A motion was made by Mr. Griffin and seconded by Mr. Bouslog to approve the return of their stipend pay for 2014. Motion carried 6-0. A motion was made by Mr. Bouslog and seconded by Mrs. Fleming to appoint Mr. Dugger, as the Council appointee to the Planning Commission board. Motion carried 6-0. Mr. Bouslog addressed the Council regarding a cash shortfall for the General fund of approximately $200,000. Mr. Bouslog, Mr. Dugger and Mr. Morgan had met with the Auditor to discuss the options available; they had come to the conclusion the best option was to transfer from the Rainy Day fund into the General fund instead of a temporary loan, which would need to be paid back within the next year. Mr. Bouslog also stated the possible reason for the shortfall was a drop in revenue, property tax caps and protected funds. After discussion, Mr. Morgan motioned for the Auditor s office to only transfer what is needed at the end of the year to get the General fund out of the red. He was hoping monies would come in from the Planning Commission for Boarshead, totaling approximately $50,000. His motion was seconded by Mr. Dugger. Mr. LaMar presented the Candidates for Council s 2015 citizen appointments: ALCOHOL & TOBACCO COMMISSION Ernest Gene Clark Travis Doto Todd Hiday Jesse Riddle **Ernest Gene Clark was reappointed by a vote of 4-2 CONVENTION & VISITORS BUREAU (CVB) BOARD OF DIRECTORS Joy Constantino Dan Ware **Dan Ware was appointed unanimously REDEVLOPMENT COMMISSION Travis Doto 7
Maurie Goodwin Scott Hayes Stephanie James ** Maurie Goodwin and Scott Hayes re-appointed unanimously SPICELAND TOWN-TOWNSHIP PUBLIC LIBRARY BOARD Gene Elliott ** Gene Elliott reappointed TOURISM COMMISSION Joy Constantino ** Motion made by Mr. Morgan and seconded by Mrs. Fleming to table until the January meeting. Motion carried 6-0. JOB CLASSIFICATION & SALARY ADVISORY COMMITTEE (voted on by Mrs. Fleming, Mr. Thalls and Mr. Griffin only) Chad Malicoat ** Chad Malicoat appointed for two year term 2015-16 ** Shannon Thom re-appointed for a one year term 2015 A motion was made by Mr. Thalls and seconded by Mrs. Fleming to adjourn the meeting. Motion carried 6-0. Nate LaMar, President Richard Bouslog, Vice President Michael Thalls Harold Griffin Robin Reno-Fleming Steve Dugger Clay Morgan ATTESTED BY: Patricia A. French, Henry County Auditor 8
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