Clinton County Commissioners - page 3

CLINTON COUNTY, Ind. – The Board of Commissioners for Clinton County passed the first reading of revised changes to the county’s Nepotism ordinance on Tuesday after Judge Sean Persin of Tippecanoe County ruled on July 7th that the current ordinance did not prohibit Sheriff Rich Kelly from hiring his wife, Ashley Kelly, to serve as Jail Matron. The first reading of the amended Nepotism ordinance did not appear on the publicly posted Commissioners meeting agenda; however, the agenda does state the board may entertain other business not shown.

Commissioners President Jordan Brewer presented the changes stating, “as many of you know, about 15 months ago, we took the action of the injunctive relief with Tippecanoe [County] in regards to the commissary fund… Judge Persin had a ruling in regards to the Nepotism policy that he came out with about a month ago.”

“And our interpretation of that policy, he said was inaccurate because we viewed it, that it was restrictive enough on terms of who could be the Jail Matron.”

Commissioner Brewer noted Indiana statutes allow for more “restrictive” nepotism rules in two exceptions at the local level, Jail Matron and Deputy Coroner. The proposed revision, Ordinance 2022-08, will address both exceptions should the ordinance pass its final reading at the next commissioners meeting, August 22nd.

The proposed changes states, as read by Brewer, “the Sheriff’s spouse may not be employed as prison matron for the county and the spouse may not otherwise be in the county Sheriff’s direct line of supervision, item four, which is in regards to the Coroner position, says who’s successor in office of the Coroner is a relative of the individual may not be hired in the position of Deputy Coroner of the county and being the county Coroner’s direct line of supervision.”

Clinton County Sheriff Rich Kelly was not surprised by the actions taken by the Commissioners.

“I looked [and] didn’t see it on the agenda as advertised as a first reading, but this is an expectation from the county in regards to the decision that was made by Judge Persin in Tippecanoe County,” said Sheriff Kelly “It was fully expected that the Nepotism policy would be addressed and that they would change it.”

“So in, in lieu of everything that has transpired over the last 18 months, this was an expectation that this would take place and to remove somebody from the ability to provide for the community, provide for the employees, the employee spouses and programs that have done nothing but [be] positive for the county, as well as its residents in the community.

“And it is a shame that this is their answer to being productive at a office. So with that, you know, there will be a resulting negatives from this. And, the fact that, programs, grants, things like that will either be turned back to the state and to the federal government, as well as, the interruption of services to our community and to our inmates.”

Sheriff Kelly is waiting to receive a copy of the proposed changes to the Nepotism ordinance and how those changes impact all county government.

“The question stands – is this a policy, amendment to an ordinance that is going to affect all county agencies? And that will be the interesting question and how that is, put into the ordinance. So if that’s the way the ordinance is written, then the ordinance will, you know, affect, who’s employed at our Sheriff’s office, at the Coroner’s office, as well as, I would say, every other office in this community.”

Commissioner Brewer when asked after the meeting when he would anticipate the new ordinance would take effect replied, “I would expect it to be immediate, but that will be a conversation we’ll have to have at the next meeting as commissioners to figure out a timeframe that we plan to address it.”

“Very significant” is how Clinton County Commissioners President Josh Uitts described the Hardy Hills solar project at Tuesday’s County Commissioners meeting held at the Courthouse prior to a series of unanimous votes in favor of advancing the project to its final step – the Area Plan Commission. The Clinton County Council had previously unanimously voted in favor of the project last Tuesday, September 8.

The favorable votes lead to the possible construction of a solar field that would primarily occupy land around Kilmore, extending as far west as N. Co. Road 130 W., as far east as N. Co. Road 100 E., north just beyond E. Co. Road 500 N., and as far south as E. Co. Road 250 N.

An attorney representing the County, Kostas Poulakidas of Taft Law, addressed the three-member board of commissioners to outline the key items contained within the project agreement of the $200 million investment.

• Tax abatement. 10-year abatement with the first eight years being 100% with the final two years at 75%.
• In exchange for the abatement, the County will receive $3.1 million in non-restricted economic development payments paid in equal installments over those 10-years.
• For every $10 million in additional investment over $200 million made by Hardy Hills, the County will receive an additional $155,000 in non-restricted economic development payments paid in equal installments over those 10-years.
• A $15,000 contribution to the EMS project

Poulakidas also explained the assessment methodology used in this project and why it was a challenge. “In the state of Indiana, there is not a defined assessment methodology for this type of project.

“It’s new, it’s unique. Clinton County is kind of leading the way. The Department of Local Government Finance, their guidance is we are going to defer to the locals to provide guidance. Indiana statute allows for what is called ‘Home Rule’ ordinance.”

Uitts asked Clinton County Council President Alan Dunn to speak to the financial impact this project will have on the County.

“From a council’s perspective when looking at this as an economic development project, first of all, we did put a lot of time and effort into this,” said Dunn. “Let me put this into context here to scale. This is a $200 million investment in Clinton County and put that into some context – that’s larger than the ConAgra investment, which was near $150 million investment, and that’s five times the NHK investment that is going on out at I-65 and State Road 28. This is a massive project.

“The land on which the project sits on is not abatable. So when we changed that from being farmland to being kind of a modified commercial – industrial, this new class … they’re still going to pay $2.1 million in taxes over that 10-year period that is not being paid currently.

“The County wins in form of the economic development payment of $3.1 million that’s paid at $310,000 per year during the 10-year abatement. We’re not getting nothing during that initial 10-year period.

“So over the course of the projected 35-year project, the project receives an $11 million cumulative tax abatement, but they’re going to pay tax bills that total $41 million for a net payment of $30 million to the County in property taxes paid.”

After the four votes were taken – approval of the project agreement, approval of the ordinance establishing an assessment methodology, approval of the road use agreement, and approval of the decommission agreement – Uitts explained the significance of the actions taken today.

“Today was a very important day for Clinton County,” said Uitts. “We were able to bring in the largest investment in the history of Clinton County in terms of a solar project from Invenergy, the Hardy Hills project. It represents a $200 million investment in Clinton County.

“At a high level what that represents to the folks of Clinton County, that is a lot of tax money they are not going to have to pay for the next 35-years. For the foreseeable future, we’re going to have economic development payments for the next 10-years that are going to be discretionary.

“A considerable amount of funds that are going to be over $300,000 plus per year that we are going to be able to spend on anything in our budget. Then beyond that from year eleven through the end of the project, they will pay approximately $2.1 million per year in tax. That is an incredible amount of money for the people of Clinton County.

“This is a project that respects property owner rights – that the farmers can use their land for what they wish to. It’s not really that big of an imposition on fellow property owners. The project itself includes a tremendous amount of planting of trees, natural grasses. It’s going to be very nice.”