WARRICK COUNTY COMMISSIONERS by HC120726224421

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									                                    WARRICK COUNTY COMMISSIONERS MEETING
                                              REGULAR SESSION
                                        COMMISSIONERS MEETING ROOM
                                              107 W. Locust Street
                                               Boonville, Indiana
                                                 March 13, 2009
                                                   8:00 A.M.


The Warrick County Commissioners met in regular session with Don Williams, President, Arthur Noffsinger, Vice-President,
and Tim Mosbey, Member. Also present include County Attorney Doug Welp, Highway Assistant Engineer Noelle Mominee,
Highway Superintendent Sam Roach, County Auditor Larry Lacer, County Administrator Roger Emmons, Sonya Addington
Auditor Secretary and citizens of Warrick County, Indiana.

President Don Williams called the meeting to order.

Auditor, Lawrence Lacer, recorded the minutes.

PLEDGE OF ALLEGIANCE Leader President Don Williams

Don Williams: Okay. We have another short agenda today some items that we need to take care of. The first item is
Items for Discussion Stonehaven. Roger, do you want to bring us up to date?

ITEMS FOR DISCUSSION

       2009 Comprehensive Economic Development Strategy Update (CEDS)

Roger Emmons: Debbie Bennett Stearsman is here and I’ve listed a number of documents that need the board’s
approval today. Debbie one of them is the resolution approving the 2009 Comprehensive Economic Development
Strategy Update (CEDS). I’ve got that here. Now, in that there’s a place for the Commissioners and for Auditor Lacer to
attest and it needs a resolution number.

Sonya Addington: 2009-5

Roger Emmons: Correct? It is Resolution 2009-5. To the Warrick County Commissioners approving the 2009
Comprehensive Economic Development Strategy Update. I’m going to let Debbie take it from here since she’s our
resident expert.

Debbie Bennett Stearsman: Debbie Bennett Stearsman with the Economic Development Coalition. If you recall we
collected projects for two (2) purposes ask for input and from that input one of the reasons for doing that we entered
forms for Ball State University for the disaster recovery and stimulus funds. The other purpose of that was to create what
is called a “Comprehensive Economic Development Strategy.” It is something that has not been created in the four (4)
counties so if you will look at what I sent to you everybody should have a copy. If you don’t I will email you another one.
If you’re like me you will need your glasses. In the back it has the list of projects by county, by city, by town that was
given to us to be implemented proposed projects in the next five (5) to ten (10) years. We then prioritize those with your
help and we came up with this package.

Roger Emmons: Is that this one Debbie?

Debbie Bennett Stearsman: Yes. We came up with this package. This gets turned in to the Economic Development
Administration at Washington, D.C. and then if you’re eligible for certain funding through the stimulus or regular EDA
funds we can apply for it. Without this document we were not able to the County was not able to so we’re asking today
and we’re going before each of the four (4) County Commissioners asking for their approval so we can turn this into the
Economic Development Administration. It is due by next Friday. So, that is the first reason that I am here today and I’ve
got a resolution prepared approving that.

Don Williams: Was that the 2009-5 we just put a number on?

Debbie Bennett Stearsman: Yes.

Tim Mosbey: Yes. I make a motion we approve 2009-5 Resolution.

Art Noffsinger: I’ll second that.

Don Williams: Motion made and second. All in favor say aye.

Art Noffsinger: Aye.

Tim Mosbey: Aye.

Don Williams: Motion is approved.

                                BOARD OF COMMISSIONERS RESOLUTION 2009-5

         TO THE WARRICK COUNTY COMMISSIONERS APPROVING THE COMPREHENSIVE ECONOMIC
                                DEVELOPMENT STRATEGY UPDATE

WHEREAS, the U.S. Economic Development Administration (EDA) requires the submission of a Comprehensive
Economic Development Strategy (CEDS) Annual Update from counties wishing to maintain eligibility for Economic
Development Administration grant and loan programs:

WHEREAS, the 2009 CEDS Annual Update of the Economic Development Coalition of Southwest Indiana may serve as
said report for counties within its service area with each counties’ concurrence; and

WHEREAS, the Warrick County Commissioners have reviewed the Economic Development Coalition of Southwest
Indiana 2009 CEDS Annual Update and finds that it reflects the development needs of the District.
       -2-        Warrick County Board of Commissioners Meeting Minutes                             March 13, 2009


NOW, THEREFORE, BE IT RESOLVED that the Economic Development Coalition of Southwest Indiana 2009 CEDS
Annual Update be approved to meet the eligibility requirements for the grant and loan program administered by the U.S.
Economic Development Administration.

Adopted this 13th day of March, 2009.

Warrick County Commissioners:

                                                                     ______________________________
                                                                     Don Williams, Commission President

                                                                     ______________________________
                                                                     Tim Mosbey, Commissioner

                                                                     ______________________________
                                                                     Art Noffsinger, Commissioner

ATTEST:

______________________________
Lawrence Lacer, Auditor

Debbie Bennett Stearsman: I do want to add one more note to that. As you read through that if there are projects that
are left out this can be amended as projects come but we just had to have a cut-off date at this time for that.

Roger Emmons: Debbie, I think that big…this one right here that you just showed…

Debbie Bennett Stearsman: You’ll get a bound copy after the approval today with the resolutions. Each of you will get a
copy and they will be on-line for people to view on our website.

Roger Emmons: Didn’t you also email that? I know you emailed it to me and I printed it out. I think you emailed it to the
board.

Debbie Bennett Stearsman: Yes.

Roger Emmons: Okay.

       Economic Development Coalition Workshop

Debbie Bennett Stearsman: We’re having a workshop on the 18 th at IvyTech at one thirty. I think you should have each
received an email about that. We have hired a firm to explain the stimulus money. That is open to anyone that wants
that wants to attend. Try to let us know if you are coming or not coming and that’s any department heads.

Don Williams: What is the date and time on that?

Debbie Bennett Stearsman: It’s at one thirty at IvyTech auditorium on the 18 th. And the firm we hired is Baker and
Daniels and they are supposed to explain all of the different pots of stimulus money in the state and how that is going to
be distributed. We’re hosting it for them. Another thing on that note…

Tim Mosbey: You need reservations on that right?

Debbie Bennett Stearsman: But if you don’t you can still come. We just would like to have a head count to make sure
we have enough room.

Tim Mosbey: Yeah, I was reading that last night.

       Disaster Recovery Funds Allocation

Debbie Bennett Stearsman: I also sent another email from all of the forms that were entered at Ball State University this
was not stimulus money this was the ninety five million ($95,000,000.00) disaster recovery money. The State has
released their plan on how to spend that money and that money is going to be allocated and I forwarded that plan. It
was another twenty four (24) page document. You can look through that to see the distributions of dollars. I’m going to
a workshop on April 2nd and after that I’ll have the application process. I do know you do have projects that were filed
that are eligible for that funding. That is on a first come first serve basis with no match and no cap at this point. And
that’s all I can tell you and I can tell you how the pots are being broken down. So, if you go through that and see
anything and there is any particular project that you know of that you would like included or to try to apply for please let
me know when you see that allocation. If you don’t have a copy let me know and I’ll send you another one. Those are
all to be disbursed very quickly. Okay. Are we moving to Stonehaven yet Roger?

Roger Emmons: Yes.

       Stonehaven Subdivision Sewer Project

Debbie Bennett Stearsman: The Stonehaven grant application for six hundred thousand dollars ($600,000.00) to OCRA
is due today at three o’clock our time and there are several documents that need to be approved to turn the application
in. I don’t have my glasses on so Roger do you want to read them? I can’t see it.

Roger Emmons: The Citizen Participation Report and I’m showing that’s got a number of places for signatures. There
are two (2) pages for Don’s signature certifying that the proposal and the application have been duly authorized by the
governing body. A Readiness to Proceed Certification, a Certification of Status of Required Environmental Review
Process, Certification regarding Project Engineering and/or Architectural Services, Status of Site Control for Doug
Welp’s and Brian Mundy’s signatures, State of Permits for Don’s and Brian’s signatures, Assurances page for Don’s
signature, a CDBG Disclosure Report page for Don’s signature, Civil Rights Certification page also for President
        -3-       Warrick County Board of Commissioners Meeting Minutes                               March 13, 2009

Williams’ signature and that’s all that I show inside this packet of the Citizen Participation Report. And I think you said
you had…were you going to submit one or are you going to use this one?

Debbie Bennett Stearsman: I’ve got them here.

Roger Emmons: You’ve got them. Okay.

       Stonehaven Subdivision Parcel 8

Debbie Bennett Stearsman: And before we proceed with that I guess Doug if you want to explain the decision they need
to make.

Doug Welp: On Parcel 8? We have obtained the necessary easements for all of these properties. I believe that there
are twenty two (22) total and we’ve received the easements on twenty one (21) that are signed, they are recorded as
required. The only one left remaining is Parcel 8 which is owned by a Revus Rainey. There is a way that…and so as of
today we don’t have the Rainey parcel secured. The application that you’re submitting states that all necessary
easements have been secured. The Engineer, Brian Mundy, has engineered a way around the Rainey parcel so that
the project can go into the State right of way and that an easement is not necessary as I’ve understood the
correspondence from Brian. And so really what you need to do today in order to move this project forward, one of the
steps, would be to authorize placing these facilities in the State right of way in the area near the Rainey parcel so that we
don’t need an easement from the Rainey’s. Later, if the Rainey’s still at some point would like to come to us and provide
an easement or a counter offer we could still accept that and then not have to as I say go around the parcel or go into
the State right of way; we could be in our own private easement. But, at this point we don’t have that easement secured.
The only option with the Rainey’s as I’ve understood it Roger has tried to contact the Rainey’s numerous times. I’ve
tried on several occasions. We can’t…we’re not able to get communication back out of them and so your option there is
to file a condemnation suit if we want our own easement or our own right of way and if we do that then that puts off the
OCRA funding process until that condemnation suit is resolved. Not just when we appropriate the property, not just
when the appraisers would come back, but potentially if the Rainey’s want to take the matter to trial all the way through
the damages trial which could be a minimum of a year could be as much as a couple of years.

Roger Emmons: At this point, the latest action I took was to send a letter to the Rainey’s based upon Brian’s
recommendation letting them know that the County is looking at the possibility of going around them but reminding them
that even if we do that they will still be required to hook onto the line by Indiana code. And in that letter it states that if
they want to make a counter offer I’ll convey it to the board should they wish to proceed with that. I’ve not heard back
from them.

Tim Mosbey: When was the letter sent?

Roger Emmons: I sent it yesterday.

Tim Mosbey: You sent it yesterday.

Roger Emmons: Yes. And I’ve left numerous messages on their answering machine.

Doug Welp: I left some messages as well. And have written letters. You’ve had meetings set up and they cancelled.

Roger Emmons: I’ve been out there…we’ll, we’ve actually met with them…I’ve met with them at least three (3) times.
Brian Mundy was with me one (1) time and they just had a lot of questions and have not been too cooperative.

Debbie Bennett Stearsman: The reason I’ve requested the Commissioners move ahead is because when we had our
site visit with OCRA we talked about the scoring being low because of the distressed numbers. The applications for
OCRA will change in July, with their new fiscal year, and the distress numbers will actually get a higher rating than they
already have so I see our chances be less. I’m also encouraged that because of all of the extra money there is a
possibility that all of the grants that are turned in this time will be funded this construction round. So, I did not want to
miss the opportunity and don’t want to make that as a promise but that is what was explained to me last Friday which
prompted me to say if there is any way we can move forward and again after you submit the application if something
happens with that property owner during the scoring process or after its funded you can say, “We’ve changed our mind.”
 But, if we don’t make an attempt at some point now to go in I’m worried about losing out that opportunity to apply.

Don Williams: I think we all agree that we need to go ahead and move forward.

Tim Mosbey: Do we need a motion to approve to approve the Participation Report?

Roger Emmons: So we need a motion…

Art Noffsinger: I move…

Roger Emmons: No.

Doug Welp: Well, we need a motion to place the facilities in the State right of way along Parcel 8.

Roger Emmons: That’s one (1) motion.

Don Williams: Okay, let’s take it one (1) at a time.

Art Noffsinger: I move that we go ahead and put this in the State right of way at Parcel 8.

Tim Mosbey: Second.

Don Williams: Motion made and second. All in favor say aye.

Art Noffsinger: Aye.

Tim Mosbey: Aye.
        -4-       Warrick County Board of Commissioners Meeting Minutes                             March 13, 2009


Don Williams: Motion is approved.

Doug Welp: And we can move forward with the Citizen’s Participation Report.

Roger Emmons: Yes. Now then you’re ready for your Citizen Participation Report. We need a motion to approve all of
those items.

Tim Mosbey: I make a motion we approve Item “B” Citizen Participation Report with all of the signatures.

Art Noffsinger: I’ll second.

Don Williams: Motion made and second. All in favor say aye.

Art Noffsinger: Aye.

Tim Mosbey: Aye.

Don Williams: Motion carries.

Debbie Bennett Stearsman: That being done then I’ll give you a copy of the grant.

Don Williams: Give that to Roger.

Roger Emmons: Thanks Debbie.

Debbie Bennett Stearsman: That’s why I said I couldn’t wait to today to fax it; I had to deliver it yesterday. The last
thing…

Roger Emmons: The resolution?

Debbie Bennett Stearsman: Yes.

Roger Emmons: There is a resolution authorizing the submittal of the grant application to Indiana Office of Community
Affairs and addressing related matters. That would be 2009-6.

Don Williams: Okay, any questions?

Tim Mosbey: I make a motion we approve Resolution 2009-6 authorizing the submittal of the grant application.

Art Noffsinger: I’ll second.

Don Williams: Motion made and second. All in favor say aye.

Art Noffsinger: Aye.

Tim Mosbey: Aye.

Don Williams: Motion carries.

                       WARRICK COUNTY BOARD OF COMMISSIONERS RESOLUTION 2009-6

          TO THE COMMISSIONERS OF WARRICK COUNTY, INDIANA, AUTHORIZING THE SUBMITTAL
         OF THE GRANT APPLICATION TO THE INDIANA OFFICE OF COMMUNITY AND RURAL AFFAIRS
                               AND ADDRESSING RELATED MATTERS

WHEREAS, the County of Warrick County, Indiana recognizes the need to stimulate growth and to maintain a sound
economy within its corporate limits; and

WHEREAS, the Housing and Community Development Act of 1974, as amended, authorizes the Indiana office of
Community and Rural Affairs to provide grants to local units of government to meet the housing and community
development needs to low and moderate income persons; and

WHEREAS, the County of Warrick County, Indiana, has conducted or will conduct public hearings prior to the
submission of an application to the Indiana Office of Community and Rural Affairs on behalf of the County of Warrick
County, said public hearings to assess the housing, public facilities and economic needs of its low and moderate income
residents;

NOW, THEREFORE, BE IT RESOLVED, by the County of Warrick County, Indiana, that:

   1.   The County Commission President is authorized to prepare and submit an application for grant funding to
        address sewer improvements to the Stonehaven area in the County of Warrick County, Indiana and to execute
        and administer a resultant grant including requisite general administration and project management, contracts
        and agreements pursuant to regulations of the Indiana Office of Community and Rural Affairs and the United
        States Department of Housing and Urban Development.

   2. The County of Warrick County, Indiana hereby states that the County will commit the requisite local funds in the
      amount of $2,025,000.00 in the form of a committed bank loan in the amount of $2,025,000.00, such
      commitment to be contingent upon receipt of CFF funding from the Indiana Office of Community and Rural
      Affairs.

Adopted by the County of Warrick County this 9 th day of March, 2009 at 4:00 P.M.

County of Warrick County                                             ATTESTS:
        -5-       Warrick County Board of Commissioners Meeting Minutes                                March 13, 2009


___________________________________                                    _____________________________________
Don Williams, Commissioner                                             Lawrence Lacer, Auditor

Roger Emmons: I have a letter that is to be signed by the County Auditor Larry Lacer. It certifies that the County has
sufficient funds to meet the local match commitment of two million and twenty five thousand dollars ($2,025,000.00) to
the Indiana Office of Community and Rural Affairs. I will let you review it. You need to attest this one. I’ve given this to
the Auditor. I mean he can sign that on his own and we’ll get it to you.

Don Williams: Do we need to take any action on that one?

Debbie Bennett Stearsman: The Resolution states that the Auditor needs to sign a letter.

Tim Mosbey: According to this the local match commitment that the Auditor just signed guaranteeing that we have that
amount does that take into the STAG grant that we received from…?

Don Williams: No.

Debbie Bennett Stearsman: No and the reason why is if we would place in there that the STAG grant was awarded we
would have to have official documentation and we didn’t have that by the time of the application. Right now I’m going for
every penny I can get and after that we can modify and reduce.

Tim Mosbey: I understand. We can change that at a later date.

Debbie Bennett Stearsman: Right.

Roger Emmons: Yeah, we’ve got the funds committed in a loan. We can always reduce that.

Tim Mosbey: I’m aware of that from being on the Council. I know what we’re supposed to borrow but we won’t have to
borrow as much. Hopefully.

Debbie Bennett Stearsman: That’s our intention but we can’t say at application because everything has to be in place
the way it is right now.

Tim Mosbey: What they don’t know don’t hurt.

Debbie Bennett Stearsman: Right.

Roger Emmons: In case anybody is unaware of what Commissioner Mosbey is referring to Congressman Ellsworth
secured a five hundred thousand dollar ($500,000.00) STAG grant for the Stonehaven Sewer Project.

Debbie Bennett Stearsman: That should be a “Yeh!”

Roger Emmons: Yeah, yeah, that’s really good news.

Debbie Bennett Stearsman: That’s wonderful.

Tim Mosbey: Wasn’t there all of these earmarks we’ve all being hearing about on the news?

Don Williams: That was one (1) of them.

Tim Mosbey: Is that the earmark?

Debbie Bennett Stearsman: Yes.

Tim Mosbey: Or was there…I understood there was another something he had applied for.

Don Williams: Three hundred thousand ($300,000.00) for EMA.

Debbie Bennett Stearsman: That’s for something else.

Don Williams: Totally different.

Debbie Bennett Stearsman: For Stonehaven it was one (1) of eight (8) projects in the State of Indiana that has been
signed by the President and you will receive official notification probably in April with a grant application to fill out even
though you got it. So, I know…but it’s there so that’s great.

Tim Mosbey: Okay.

Debbie Bennett Stearsman: And I think I’m done.

       Construction Services Contract

Roger Emmons: The only other item I have for Stonehaven is the Construction Services Contract between the
Commissioner and Victor Bowden and Mark Hart Hendrickson. I believe this has been submitted by Doug.

Doug Welp: It has. Both Mr. Hendrickson and Mr. Bowden have signed the contract. This goes along with Parcel 3 and
Mr. Hendrickson really I believe was one of the few property owners to really not require any consideration for the
granting of the easement but what he wants instead he has cattle, apparently, on that property and wants a fence
constructed that’s of sufficient strength to hold the cattle back off of that lift station parcel.

Don Williams: And it’s just like the one he’s currently got around it I understand that’s what he’s asking for.
        -6-       Warrick County Board of Commissioners Meeting Minutes                           March 13, 2009

Doug Welp: That’s correct. So, that’s what this Construction Contract it really obligates the County to pay Mr. Bowden
upon Mr. Bowden’s finalization of this wooden-type fence around the lift station parcel. I’d recommend approval of it.

Don Williams: Any questions or discussion? I’ll entertain a motion.

Art Noffsinger: I move that we approve the contract for the fence around parcel.

Tim Mosbey: Second.

Don Williams: Motion made and second. All in favor say aye.

Art Noffsinger: Aye.

Tim Mosbey: Aye.

Don Williams: Motion carries. Thank you.

Roger Emmons: That’s all we have on Stonehaven right Debbie?

Debbie Bennett Stearsman: Yes.

       FMLA Leave Request

Don Williams: Okay. We have an FMLA request.

Roger Emmons: Yes. All of the paperwork is in order. It was submitted through proper channels. I’d recommend you
approve.

Don Williams: What office if you don’t mind?

Roger Emmons: It is the Superior Court 1.

Don Williams: Okay. Any questions from the board? If not, I’ll entertain a motion.

Tim Mosbey: I make a motion we approve.

Art Noffsinger: I’ll second.

Don Williams: Motion made and second. All in favor say aye.

Art Noffsinger: Aye.

Tim Mosbey: Aye.

Don Williams: Motion carries. Thank you.

       Administrator “Other” Business

Roger Emmons: I have a couple pages of items that are mainly for information. I just put them together early this
morning for your review. As Debbie pointed out, I’ve repeated notice of certain important meetings regarding the
stimulus package and FEMA meetings, etc. for your information. So, just let me know if you’re wanting me to RSVP on
your behalf and there’s some other items that you may be able to do administratively. I’d just ask if you’d review those
by our next meeting.

Don Williams: Okay, for the 23rd meeting?

Roger Emmons: Yes.

Don Williams: Okay.

Roger Emmons: That’s all I have. Okay.

AUDITOR

       Payroll Claim

Don Williams: Mr. Lacer, you have payroll claims?

Larry Lacer: I’m on the agenda for payroll claims. They have already been approved but I will give you the total of three
hundred and seventy thousand two hundred twenty eight dollars and ninety one cents ($377,228.91).

Don Williams: Ninety…?

Larry Lacer: Ninety one cents ($0.91).

Don Williams: They have been signed haven’t they? They haven’t been approved.

Larry Lacer: Yes. They have been signed.

Don Williams: So, we need to go ahead and approve it. I will entertain a motion to approve payroll.

Art Noffsinger: I move that we pay the payroll.

Don Williams: Do I have a second?
        -7-        Warrick County Board of Commissioners Meeting Minutes                                March 13, 2009


Tim Mosbey: Second.

Don Williams: Motion made and second. All in favor say aye.

Art Noffsinger: Aye.

Tim Mosbey: Aye.

Don Williams: Motion carries. Thank you.

        Boonville “Big Blue” Murphy Building

Larry Lacer: I do have one other thing to bring up that is not on the agenda.

Don Williams: Okay.

Larry Lacer: But just for your information and I’ve emailed Roger on this, I was contacted about a week ago by a person
that is interesting in acquiring “Big Blue” the property. And what they are wanting to do is go in and take all of the metal
off of it, put new metal on; they are going to have a business in there. They are going to employee some people and
they want to know what procedure was to acquire this property. And since the Commissioners now have a Tax Sale
Certificate on it; they don’t have a deed to it, they have a certificate on it and there are certain procedures to go through
and I have contacted SRI to see if there is any, I guess, short cuts we could take if the Commissioners wanted to.
Because the way it is set up now you have to go through a Commissioners Tax Sale and it would be a long process. So,
I’ve done some research on it. The property has been through several Tax Sales and has not sold and there is a big
balance on the taxes that are owed on it so, if we can do what we can to get it back on the tax rolls you know. I know
the County Commissioners had an environmental study done so this person was interested in what the study results
were and I said Roger should have that on file he could contact Roger.

Don Williams: We got a Phase 1 and 2.

Larry Lacer: So, I’m still investigating this and as soon as I get all of the information together I’ll get it to Roger so he can
submit to you all and let you look at it. I just wanted to give you a heads up that we have someone that is interested in
purchasing that.

Don Williams: Has he made any kind of a proposal?

Larry Lacer: Pardon?

Don Williams: He has made any kind of a proposal?

Larry Lacer: No. They just want to know…because the Commissioners can have a Tax Sale and sell is whatever they
want to sell it at but I do know you have money invested as far as environmental studies and so on and so on, but he
hasn’t made a proposal. He just wanted to know what it would take to acquire the property. He also is checking with the
city because the city…it is zoned “C-1” but after it was not being used for a certain period of time it reverts back to
residential. They are in contact with the city and the city said that they will work with them to get the zoning they need
you know so everybody is trying to help them out. We are just trying to get the information together. I’m not sure who
this individual is. A person that I know called me and said his friend is interested in doing this and the person that called
me has several properties in town.

Tim Mosbey: Is this person interested in the total property? Because I had another person contact me about the garage
portion on the east side of the street, east of the “Big Blue” building.

Larry Lacer: Right. No, this was just the big blue building. There are three (3) parcels involved.

Tim Mosbey: While you are checking can you check on that other parcel because there was another gentlemen
interested in what it would take process-wise to purchase that?

Larry Lacer: Okay. I can do that.

Don Williams: That is an interesting parcel because we only own part of that building. The property line goes right down
the middle of that building and there is not even a wall there. It is right down the middle of an area. It is a pretty
interesting parcel.

Larry Lacer: That’s all I have. I just wanted to give you that information that I have.

Don Williams: Okay. Thanks for that. I think we’d all like to see that get back on the tax rolls. Anything else Mr.
Auditor?

Larry Lacer: That’s all I have. Thank you.

ATTORNEY

A Resolution Junking Worthless Personal Property (Resolution 2009-7)

Don Williams: Mr. Attorney?

Doug Welp: The matter listed under my business is a Resolution Junking Worthless Personal Property. I believe this
has to do with Mr. Grassman has a presentation on the old jail cells.

Joe Grassman: Joe Grassman, Purchasing. I got a request from the National Guard in Muscatatuck to get the
resolution we had sent them a copy of earlier that Doug had prepared. The resolution allows them to remove the jail
cells from the old jail and take possession of them. Anyway they requested that I get our signatures on this document
and sent to them so they can get it signed because they want to proceed with this project. There’s a little bit of change
        -8-       Warrick County Board of Commissioners Meeting Minutes                                March 13, 2009

in the way they’re…in the strategy. They’re actually going to…they’ve actually rebid it and they are going to hire a private
contactor to come and do the work. They are not going to do it the work themselves. I’ve had some discussions with
them up there and whoever the private contractor may be; we gave them the names of the people that we bid originally
here locally and they might be one of those guys; but anyway, whoever does it will be asked to provide us with a
Certificate of Insurance with the County listed as the additional insured. So, I don’t know Doug does that change the
situation?

Doug Welp: Well, it does a little bit yes and I guess I wasn’t…I didn’t realize that. What I have is the November 26, 2008
Old Jail Cell Demolition Plan.

Joe Grassman: Okay.

Doug Welp: And that says that the Indiana National Guard will be responsible for these items, not some third party.

Joe Grassman: They are only going to be responsible to the amount that they are hiring somebody to do it. So, yeah
they won’t actually be doing the work themselves.

Doug Welp: Do you have an updated demolition plan?

Joe Grassman: It really hasn’t changed.

Doug Welp: Has it or it has not?

Joe Grassman: Has not.

Doug Welp: Have the Commissioners had an opportunity to look at the demolition plan?

Joe Grassman: I emailed them a copy. I can’t answer that.

Doug Welp: I can tell you this. The resolution is in proper legal form the resolution itself. The resolution attaches what’s
called an “Exhibit A” which is an old jail cell demolition plan. As to the specifics of the demolition plan we have to rely on
Mr. Grassman. You know is the County in your estimation sufficiently protected? I mean they’re going to cutting holes in
walls as I understand it.

Joe Grassman: They are going to remove a portion of the wall that’s correct. I think after talking to Randy McNeely
about the issue he felt comfortable that if we were listed as the additional insured with the liability limits on the Certificate
of Insurance from the contractor he felt that he was satisfied that we yeah sufficiently covered.

Doug Welp: Is that anywhere addressed in the demolition plan?

Joe Grassman: It’s not…you mean?

Doug Welp: That fact that we’d be an additional insured?

Joe Grassman: Um…

Doug Welp: And is the Guard carrying insurance or is itself insured?

Joe Grassman: That I can’t tell you.

Roger Emmons: I don’t see it listed in the demolition plan.

Doug Welp: There is a provision in the resolution that the Guard agrees to hold the County harmless and to indemnify
the County against liabilities; we do have that in the resolution itself. And that the Guard agrees to bear the entire cost
associated with the removal and transportation of the subject personal property. This is a just a little bit different than you
know transferring a vehicle.

Joe Grassman: I understand.

Doug Welp: We’re talking about going into a building.

Joe Grassman: I’ve had numerous contractors look at it that bid the project and we did have a set of specs that they
were asked to follow and so of the contractors that looked at it several local nobody seemed to think there would be a
problem that there wouldn’t be any structural…well that there could be but chances are unless they made mistakes there
wouldn’t be any damage structurally to the building or to the structural integrity of the building to remove the wall and
then to remove the cells.

Tim Mosbey: But these contractors contracted with the National Guard not with the Commissioners.

Joe Grassman: Originally…originally right. Originally it was going to be with us and then with the National Guard.
Originally it was going to be with us and now it’s going to be with the National Guard. The National Guard was originally
going to do it themselves after we decided not to do it, but for one reason or another they decided that they didn’t want
to devote the manpower to do it so they decided…they are actually getting federal funding to do this and they are just
going to take the federal funds and hire a contractor. And basically it will probably be a good chance that it will be one of
the ones that we bid initially.

Art Noffsinger: So, if the contract is going to be with the National Guard all liability is going to fall back to them anyhow.

Don Williams: Correct.

Art Noffsinger: So, I don’t see that there’s really an issue here.

Doug Welp: Yes.
       -9-        Warrick County Board of Commissioners Meeting Minutes                             March 13, 2009

Art Noffsinger: Okay.

Doug Welp: One thing in the plan is that you know the opening in the wall will be left temporarily…it says, “Temporarily
sealed by the County Maintenance Department.” Are there plans then to put in some type of permanent seal on that?

Joe Grassman: Yes. We have…Roger where did we put that money? Was that part of the stimulus package that
twenty six thousand dollars ($26,000.00) for the garage doors?

Roger Emmons: Um…I think so.

Joe Grassman: Okay.

Roger Emmons: Either that or CCD; I think it was the former.

Joe Grassman: Okay. What we’re going to do is once the jail cells are out of there we have every intention of putting
two (2) garage doors and one (1) man door in that wall. Have a private contractor do that and make it a garage for the
EMS ambulances so they can store their new ambulances or any of the ambulances in a climate controlled environment
so they can clean it, keep it warm, keep the medications warm and that sort of thing. That’s kind of phase two of the
project. So, they’re actually doing us kind of a favor by knocking the hole because it would have to be knocked out.

Art Noffsinger: Is there any way that we can encourage them to use local contractors?

Joe Grassman: You mean the Army?

Art Noffsinger: Yes.

Joe Grassman: I don’t know. To be quite honest with you at this point I just want to see it get done. Yeah, they are
funding it and they are taking care of it so you know it’s kind of their decision but you know I did provide them with four
(4) contractors from this local area. The problem is they not only want someone to take these jail cells out but they want
them to take them up to Butlerville and put them back together.

Art Noffsinger: Oh, okay.

Joe Grassman: …In their building. So, they are looking for somebody to do that if they can find them. If not, they’ll have
somebody do this end of it and then they’ll have somebody do that end of it.

Art Noffsinger: Okay.

Joe Grassman: So, that’s where they’re at on that. Like I said, they’ve already sent the bids out to and probably have
received back from them now.

Art Noffsinger: Do you know what their time frame is?

Joe Grassman: They want to get it done as soon as possible. I think as soon as they get the federal funding they’re
going to go you know. They will award that contract immediately.

Don Williams: Do you have anything else?

Joe Grassman: That’s all.

Don Williams: Do we need to take action on the worthless property?

Doug Welp: If we want to have the work done yes we need to pass that resolution. It is a Resolution Junking Worthless
Personal Property.

Tim Mosbey: What would be that number?

Don Williams: Seven (7).

Roger Emmons: Seven (7). Doug, have you got the most recent resolution?

Joe Grassman: I’ve got it right here Roger. This is the original I’d like to have signed and also needs to be signed by
the County Auditor.

Roger Emmons: Right. Okay. Resolution Number 2009-7 a Resolution Junking Worthless Personal Property.

Art Noffsinger: I move that we approve Resolution Number 2009-7.

Tim Mosbey: Second.

Don Williams: Motion made and second. All in favor say aye.

Art Noffsinger: Aye.

Tim Mosbey: Aye.
Don Williams: Motion carries.

Doug Welp: Roger, does that have the demolition plan attached to it?

Joe Grassman: It does.

Roger Emmons: Yes, it does.

Doug Welp: Okay.
       - 10 -      Warrick County Board of Commissioners Meeting Minutes                            March 13, 2009


Roger Emmons: It has seven (7) pages.

                     WARRICK COUNTY BOARD OF COMMISSIONERS RESOLUTIONS 2009-07
                        A RESOLUTION JUNKING WORTHLESS PERSONAL PROPERTY

WHEREAS, Warrick County is the owner of the following personal property:

Eighteen (18) jail cells and two (2) utility areas constructed of a combination of sections of one (1) inch iron bars and
3/16 inch steel plates which compose the ceilings and walls and are set on concrete floors.

WHEREAS, the Board of Commissioners has agreed to allow the Indiana Army National Guard access on the property
commonly known as Warrick County EMS Station No. 2, 415 South Fourth Street, Boonville, Indiana 47601 (hereafter
“real property”) for the purpose of removing the subject personal property from the real property; and

WHEREAS, Indiana Code § 5-22-22-8 authorizes property that is deemed worthless to be demolished or junked, and
property is considered worthless or of no market value if the value of the property is less than the estimated costs of the
sale and transportation of the property; and

WHEREAS, the Board of Commissioners deem the subject personal property worthless because its value is less than
the estimated costs for removal, sale, and transportation; and

WHEREAS, the Board of Commissioners deem it to be in the best interest of the citizens of Warrick County to junk the
subject personal property and to allow the Indiana Army National Guard to remove the subject personal property.

NOW, THEREFORE, BE IT RESOLVED by Warrick County, by and through its Board of Commissioners:

       Section 1: Warrick County Commissioners agree to allow the Indiana Army National Guard access on the real
       property to remove the subject personal property, on the terms and conditions set forth herein.

       Section 2: Warrick County Commissioners agree to transfer the subject personal property to the Indiana Army
       National Guard.

       Section 3: Warrick County Commissioners agree to hold Indiana Army National Guard harmless for any damage
       done to the real property or structures located on the real property resulting from the removal of the subject
       personal property.

       Section 4: Indiana Army National Guard agrees to bear the entire cost associated with the removal and
       transportation of the subject personal property.

       Section 5: Indiana Army National Guard agrees to hold Warrick County harmless if the subject personal property
       is lost, damaged or destroyed during the removal and transportation process.

       Section 6: Indiana Army National Guard agrees to follow the Warrick County Commissioners Demolition Plan
       attached hereto as Exhibit A.

       Section 7: Indiana Army National Guard agrees to fully and completely indemnify, defend and hold harmless
       Warrick County from and against all liabilities, claims, losses, costs or expenses, judgments, or penalties
       including attorneys’ fees and court costs arising from any and all injuries incurred while removing and
       transportation the subject personal property.

       Section 8: This resolution shall become effective upon the later of (1) its passage by the Board of
       Commissioners of Warrick County and (2) agreed by the Indiana Army National Guard.

       So resolved on this 13th day of March, 2009.

                                                      Warrick County Board of Commissioners

                                                      ___________________________
                                                      Don Williams, President

                                                      ___________________________
                                                      Tim Mosbey, Member

                                                      ___________________________
                                                      Art Noffsinger, Member




       So agreed on this ____ day of _____________________________, 2009.

                                                      INDIANA ARMY NATIONAL GUARD

                                                      ________________________________
                                                      Colonel Tim Warrick, USPFO for Indiana,
                                                      The Muscatatuck Urban Training Center Commander

       ATTEST:
       - 11 -      Warrick County Board of Commissioners Meeting Minutes                       March 13, 2009


       ____________________________
       Lawrence C. Lacer
       Auditor, Warrick County, Indiana

       Exhibit A


Doug Welp: That’s all I have. Thank you.

Don Williams: Anybody else? Sam do you have anything?

Highway Department

       Storm Clean Up

Sam Roach: I have these two (2) invoices from the contractors for the clean up in the total of a hundred and three
thousand two hundred and seven dollars ($103,207.00). Do you want me to submit those for early payment or do you
just want to do it?

Don Williams: Yeah, those are submitted to us for approval I know.

Roger Emmons: Well, if you go through the early payment process whereby because there is a contract in place,
there’s a couple of Commissioners ordinances that allow for early payment then you basically approve them post facto
or however to say it “after the fact.” That’s how the ordinance reads. You know that it’s done that way and then
subsequently it’ll be a part of the normal claims approval procedure.

Don Williams: Okay. What was the total amount for both contracts?

Sam Roach: A hundred and three thousand two hundred and seven dollars ($103,207.00).

Don Williams: Even?

Sam Roach: Correct.

Roger Emmons: It will probably be proper to do a motion to pay them by the manual payment process. That way we’ve
got it on record.

Don Williams: Okay.

Tim Mosbey: I make a motion we approve to pay them by the manual payment process.

Art Noffsinger: I’ll second that motion.

Don Williams: Motion made and second. All in favor say aye.

Art Noffsinger: Aye.

Tim Mosbey: Aye.

Don Williams: Okay. Pay the claims.

Roger Emmons: Are the funds there?

Sam Roach: I’ll have to take them out of other places right now.

Roger Emmons: Okay.

Sam Roach: We’ve got it.

Roger Emmons: Okay. I’ll coordinate it with you.

Sam Roach: We’ll move things around right now.

Tim Mosbey: At the Drainage Board Meeting we…storm water is supposed to be reimbursing…

Sam Roach: Right. It totally gets moved around.

Tim Mosbey: The Auditor has a lot of work to do.

Larry Lacer: What did he say?

Tim Mosbey: You didn’t want to hear it.

Don Williams: Anything else Mr. Roach?

Sam Roach: No.

Don Williams: Do you have anything else from Engineering?

Noelle Mominee: No.

Don Williams: Mr. Attorney do you have anything else?
       - 12 -      Warrick County Board of Commissioners Meeting Minutes                              March 13, 2009

Doug Welp: No.

Don Williams: Sheriff do you have anything today?

Marvin Heilman: No.

COMMISSIONERS ITEMS FOR DISCUSSION

Commissioner Williams: Okay, we have the Commissioners. Commissioner Mosbey do you have anything?

       Fence Removal on Telephone Road

Commissioner Mosbey: One item. I’ve been asking question on the Telephone Road project that was done ’07,
whenever. There’s been a lot of concern of why the fence was put up. The County Engineer has informed me there was
no federal requirements, no state requirements, there’s no requirements whatsoever that required that fence to be there.
 In dealing as a citizen last year with the existing County Commissioners I kept complaining because the County, the
farmers, the property owners can’t get into even mow the ditch bank. There is no access and the fence serves no
purpose other than to catch debris when the road floods and it serves no purpose whatsoever other than to mark the
easement or County right of way line. I think it was put up to keep the farmers farming into the ditch. Well, the ditch is
probably a three to one slope or four to one slope I mean it’s not going to happen. Most of the farmers in that area every
farmer in that area would like…they would probably mow the ditch and the County wouldn’t even have to. But, they can’t
get in there to it and it’s been I’ve heard complaints on it ever since the road was built. I thought it was a requirement
because of some of the funding we got.

Commissioner Williams: The Commissioner in that area wanted that.

Commissioner Mosbey: Yes, I understand that. I wasn’t going to mention that. So, I was just going to ask the board if
they would consider…and I don’t know how to approach it. I hate to spend County Highway employee salary dollars on
going in and tearing out a fence but notify all of the landowners that if they want to remove the fence for the fence
they…I’m asking the attorney I guess how we can handle that the cheapest way. I hate to spend you know here we paid
for this fence and then we’re going to pay our employees to tear it down. To me that’s…those are my tax dollars too; I
don’t want to spent that where I think a lot of landowners would be more than happy…I was trying to think in my brain
what County entity could use that fence. I don’t know if the Parks Department I was going to say something to Ben and I
never got around to it to see if they would have a need or some of the ball park groups in the County could use the fence
and you know you may have of course we would have the timing issue you know if there’s crops growing you wouldn’t
want them in there on the property tearing up the landowners’ crops but I guess I’m asking legally how to do we handle
this?

Doug Welp: Well, I’m going to…since you’ve checked it out with Engineering I’m going to assume that’s right. I don’t
know whether there’s legal requirements or not to have that fence…

Commissioner Mosbey: No requirement whatsoever for that fence to be there.

Doug Welp: Okay.

Commissioner Mosbey: It’s our fence to do whatever we want.

Doug Welp: You know then if we gave permission to the landowners to go in there and to remove the fence that would
be one way of doing it like you suggested. I don’t know how many landowners that are in that area, but if it’s the
County’s fence and the County gives permission to do that…I’m thinking this through. We can’t just give things away
unless they are like the jail cells that the market value is less than what it would cost to sell it on the open market and if
we determine that it’s serves no useful function it’s…

Commissioner Mosbey: If we really kept track of what it would cost the Highway Department to go in there and pull it all
up we would not be able to sell the fence for what it would be a losing effort to me.

Sam Roach: Would the posts be worth anything once we pulled them out?

Commissioner Mosbey: I wasn’t there when they built that. I don’t know if every post is set in concrete. I know the
corner posts are. But, if every post is set in concrete you’re going to have a lot of sledge hammering.

Sam Roach: I was just saying if you went in there with an excavator/Grade All and tried to pull them out would they be
worth anything once you got them out anyway?

Commissioner Mosbey: And do we have a need for them? For the posts you know…yeah.

Doug Welp: I mean ideally if in fact the trade off here is that the farmers are going to mow the ditch is what would be
nice is…

Commissioner Mosbey: Well, it’s a beautiful road and everybody is aware of that area and in five (5) years we’re going
to have trees growing up because we can’t get in there and do anything with it. We can’t maintain it.

Doug Welp: Are we going to obligate anyone to mow the ditch? Or we just going to say, “You can remove the fence,
mow the ditch if you want to mow the ditch?”

Commissioner Mosbey: It would be the County’s responsibility to mow the ditch but a large percent of the property
would be mowed by the landowner I’m sure. I mean down in that area they are all of the farmers mow their own
roadside ditches.

Commissioner Williams: It’s in the road right of way.

Commissioner Noffsinger: I just see a situation like we’re having with Stonehaven right now where we have twenty one
(21) parcels and we have one (1) person that decides they don’t want to participate. W e could have staggered farmers
that decide, “Well, I don’t like it but I don’t want to spend my time and energy.” We really didn’t help ourselves out and
      - 13 -     Warrick County Board of Commissioners Meeting Minutes                       March 13, 2009

now we got staggered fences going along.

Commissioner Mosbey: Then we would have the right to go and pull it up ourselves is what I’m saying. You know I’m
saying the first option let the landowner pull it up. If they don’t want to then we could do it you know.
       - 14 -      Warrick County Board of Commissioners Meeting Minutes                             March 13, 2009

Larry Lacer: Save the County expense would there maybe be a fence contractor willing to take it down for free just for
the fence?

Commissioner Mosbey: Yeah, that’s a possibility. I haven’t checked into that. Like I said, I was going to contact
Newburgh Girls’…you know I really don’t know that type of fencing is not ideal for pipe-wise for outfield fences I’m not for
sure of the height wise for outfield fences I’m not for sure of the height. That’s about a four (4) foot fence. I don’t know
what they use. I think they use about six (6) foot fences around the ball diamonds so I don’t know if it’s practical for their
use. But, you know I would hate to give it away if we could find a County entity that could use it.

Commissioner Noffsinger: Another option, Sam when we were up this week they talked about the alternative vegetation
along the roadways. Is there some sort of alternative vegetation that we can actually put out there that would prevent
this growth?

Sam Roach: Tim and I were talking about that. I don’t know I would really have to look into it because we were talking if
you were put Dutch out there would it get into the fields so you can put a herbicide on it but we really don’t have the
equipment to do that and to do it from the farm field side we don’t really have access to get in there with the fence in the
way.

Commissioner Mosbey: And the type of chemical they were using I was in the session with Sam the type of chemical
they were using as a Commissioner I would not want to be liable for all of the farmers’ crops growing there when we’re
spraying because of the drip potential. We would have a lot of unhappy farmers. We would be killing their corn or their
beans. They use good potent stuff on those roadsides. It’s not made for growing crops. We don’t want to get into that.
 I think we need to maintain it as a normal County ditch if possible but the fence is restricting us from maintaining the
ditch. You know unfortunately it was requested by a certain person and the fence was put up. And it’s come back to
haunt us and now we need to address it because if we don’t address it now we’re going to have a mess on our hands in
a few years because you’ll have tree sprouts…well, there’s already tree sprouts starting because it hasn’t been mowed
since the road was completed.

Doug Welp: In thinking about is comprehensively the simple answer is if it’s our fence and we can remove it we can
allow someone else to remove it.

Commissioner Mosbey: That’s what I’m…yeah. Would the landowner need to…I mean okay we own the fence. If they
are pulling the fence up hey get hurt would they have the option to sue us because our fence injured them?

Commissioner Noffsinger: They can always sue us.

Commissioner Mosbey: I mean would we have to go through all of this legal stuff and make them sign something some
kind of a release with us?

Doug Welp: It just depends on your level of you know risk tolerance. There will be a couple of different ways to handle
that. I mean the general…of course people can sue for any reason anytime it doesn’t mean they will be successful. You
know you could send a letter out saying, “You’re invited to remove the fence but if you do so you agree to hold the
County harmless. If you agree, please return the enclosed letter and sign below.” Go that route.

Commissioner Mosbey: The simplest way is just have the Highway go in and pull it up.

Sam Roach: Pull them up or cut them off?

Commissioner Mosbey: Pull them up. If you cut them off then they’re going to work up out of the ground and then
you’re going to be busting farmer’s tires and then you will be in trouble.

Commissioner Williams: I don’t remember whether they are metal or wooden poles.

Commissioner Mosbey: They’re all metal, metal fence.

Commissioner Williams: Yeah, they’ll pull right out of the ground. I don’t think they put them on concrete. I don’t think
they did.

Commissioner Mosbey: Like I said I wasn’t over there to know. I know the corner posts were set in concrete.

Commissioner Williams: Right and that’s fairly standard.

Commissioner Mosbey: And really it’s kind of ridiculous because all of the driveways into the fields have no gates. The
fence there’s no purpose whatsoever. Unfortunately where they located the fence by the driveways there’s not even
enough room to get in there with a tractor and mower with the County or the private landowners’ equipment to get in
there and maintain it. So, the fence needs to be gotten rid of you know and I’m just asking the legal, simplest way to get
rid of the fence.

Doug Welp: The simplest way and the way that you know it’ll get done is to have the Highway Department do it. If you
want to have some citizen participation you can go that route. You run what I would call “a very slight risk” of some legal
ramifications from that.

Commissioner Mosbey: So, do we need a motion to do this?

Doug Welp: I think you do need a motion.

Commissioner Williams: To take the fence down probably.

Doug Welp: Yeah, to take that fence down to declare that it serves at this point no valuable purpose and a vote to take
it down and to designate the areas where you want it taken down.

Commissioner Mosbey: Okay.
       - 15 -     Warrick County Board of Commissioners Meeting Minutes                            March 13, 2009

Commissioner Williams: Do you want to do it now or do you want to do it on the 23rd? You look like you may want to go
out and look.

Commissioner Mosbey: No, I know the project. It starts at Lynch or that would be Epworth and Epworth to Bell.

Commissioner Williams: Okay.

Commissioner Mosbey: It runs up through there and stops there on the corner you know I’m just trying to word the
motion where it gives the option of the landowner if they don’t then we do.

Sam Roach: The new construction Telephone Road the fence that was put up on the new construction on Telephone
Road.

Commissioner Mosbey: On the Telephone Road project yeah. I’ll make a motion that we allow the fence to be remove
on the new construction on Telephone Road by the landowners if they so wish. If they don’t then the County would at a
later time come in and remove the fence.

Commissioner Williams: The Highway Department.

Commissioner Mosbey: The County Highway Department.

Doug Welp: On the project that generally runs Epworth down to Bell.

Commissioner Mosbey: Epworth to Bell. I think the fence does go south on Bell for just a not very far around the corner
there very little footage.

Commissioner Williams: Okay. Do I have a second? Do I have a second? I will second the motion. Motion made and
second. All in favor say aye.

Commissioner Mosbey: Aye.

Commissioner Williams: Aye.

Commissioner Noffsinger: Can we have discussion?

Commissioner Williams: If you wish.

Commissioner Noffsinger: Yes. I’m not opposed to this but I’d like to see if we got some numbers, if we got some sort
of an action plan laid out a little bit better so that we knew what we were going to get ourselves into before we made this
motion. I’d like to at least have some communication with the landowners around this property. Give them the
opportunity to come and voice their opinion on this.

Commissioner Williams: Okay. Any other discussion? Have you talked to the landowners Commissioner Mosbey?

Commissioner Mosbey: Yeah! They would love to see it disappear.

Commissioner Williams: Okay.

Commissioner Mosbey: I’ve talked to the majority of them up and down through there. They called me.

Commissioner Williams: Okay.

Commissioner Mosbey: Yeah. I didn’t have to go and contact them they contacted me.

Commissioner Williams: Do you have anything else?

Commissioner Noffsinger: No. That’s all.

Commissioner Williams: Okay. We have a motion on the floor. All in favor say aye.

Commissioner Mosbey: Aye.

Commissioner Williams: Aye. All opposed?

Commissioner Noffsinger: Aye. No nay.

Commissioner Williams: Okay one (1) nay, Commissioner Noffsinger, two (2) to one (1). We need to get that plan
developed and get it done. Anything else Commissioner Mosbey?

Commissioner Mosbey: No.

Commissioner Williams: Mr. Noffsinger do you have anything?

       EMS Structure Feasibility Study

Commissioner Noffsinger: Yes, I have a couple of things. I think everybody received a copy of the Warrick County EMS
feasibility study. In lieu of the stimulus package coming up and the need to be expeditious of moving forward on
projects I know one of the projects. I know one of the projects that we submitted was the EMS Station. We’ve done the
feasibility study. I’m just going to give you some highlights here. To purchase the facility at 214 Lincoln, to reconstruct
it, to bring it up to the new standard for occupancy with the new roof we’re looking at three hundred thirty nine thousand
dollars ($339,000.00). If we were to go to the existing site where the EMS station is right now raise that building and
provide and build a new building that meets the same requirements as the building on 214 Lincoln, we’re looking at four
hundred seventy three thousand dollars ($473,000.00). We’re looking at about a hundred thousand dollars
($100,000.00) difference between the two projects. There’s good points and bad points with…
       - 16 -      Warrick County Board of Commissioners Meeting Minutes                            March 13, 2009


Commissioner Mosbey: Four thirty seven ($437,000.00) not four seventy three ($473,000.00).

Commissioner Noffsinger: Oh, I’m sorry four thirty seven ($437,000.00). My Dyslexia jumped in there. There’s good
points and bad points between each project. If we build the building at its present location there’s a longevity factor.
We’ll get a much longer life expectancy out of that building, but being that we’re dealing with these economic times
trying to come up with an additional eighty ($80,000.00) to a hundred thousand dollars ($100,000.00) might be a
problem. Going with the building at Lincoln positives where on a main highway and we’re also looking at construction
that will only take two (2) months. We can actually get this building done feasibly before the winter of next year. If we got
with the option on Gardner Road in the existing location, that could take over a year to get that project going. So, when I
look at time constraints, location, budget constraints and the possibility of stimulus money I’d like to move that we move
forward with this process of purchasing the building at 214 Lincoln Avenue.

Commissioner Williams: Has there been a termination…I noticed in the report that there was the subject of asbestos.

Commissioner Noffsinger: That’s any building. What it is that is always stated in every contract. Any building that was
built earlier than 1979 goes through that review whether you find it or not.

Commissioner Williams: If that is there asbestos mitigation would definitely increase that price.

Commissioner Noffsinger: That’s correct.

Commissioner Williams: And before…

Commissioner Noffsinger: During when they did that they did not find any signs of asbestos but they always put it in the
contract that you should always look. It’s the same thing with lead paint. You always have to do a lead paint inspection
on any building built before 1979.

Commissioner Williams: Well, has anybody said there is no asbestos there?

Commissioner Noffsinger: But, they didn’t find any when they look for it but it is always in the contract to say that you
should always do those inspections.

Roger Emmons: And when they get behind the walls they may find pipes wrapped in asbestos. That’s what we’ve
found…

Commissioner Williams: And that could jack the price off the chart it would be more than a new building.

Roger Emmons: It’s got to be mitigated by a licensed you know person to take it out properly, wet it down to you know
keep the dust down and then it’s got to be disposed of at a facility.

Commissioner Williams: I definitely want to go forward with the EMS facility; I’m just questioning if we want to move on
this until we know rather we’ve got asbestos in the walls or not.

Commissioner Noffsinger: Well, if we’re going to do that now are you willing to go with an asbestos contractor to come in
and check that building out?

Commissioner Williams: I think we have to do that before we make a decision. I don’t know what the cost would be to
do that but I would like to know if asbestos is there because that would definitely change that three hundred and thirty
nine thousand dollars ($339,000.00) price tag. I don’t know by how much but buy several thousand. I mean it’s just…

Commissioner Mosbey: Well, my comments from reading the study I agree with you know Don the asbestos issue
scares me. The recommendation of the study is to go the other route. It’s not our decision to decide what to buy; that’s
the Council’s from the way I understand the process. I did speak with Mr. Meyer, the President of the Council. He would
like a recommendation to come from this board but not you know…I think we need to provide the Council with a copy of
this study.

Commissioner Noffsinger: They have it.

Commissioner Mosbey: They do have the study? Well, that’s good. I didn’t know how long if they would be ready to act
on it in their April meeting or not. To hire a company to come in and see if there’s asbestos or not where do we get the
money and how quickly can we get it done?

Commissioner Noffsinger: Right.

Commissioner Mosbey: I mean that’s my area yes we need to keep this moving but I don’t want to step into something
and then have to back up because of asbestos and its going to end up costing. That’s an unknown we don’t know.

Commissioner Noffsinger: That was the whole reason for this study.

Commissioner Mosbey: Yeah.

Commissioner Noffsinger: When their company went and looked that part of their process was to look for asbestos.

Commissioner Mosbey: And we also were looking at the square footage for record storage.

Commissioner Noffsinger: Correct.

Commissioner Mosbey: And part of the study came back with delete some of the square footage at the present location
if we built a new building you know of course we have other options. That’s something I did forget to bring up. There’s
other options here in town. I have spoken with the property owner on another building real close would be handier for
the officer holders to carry their records to instead of having to drive to Chandler to store them you know this is just
thoughts. Nothing is…I agree with both ways. I don’t know what to do because the asbestos issue that scares me.
       - 17 -      Warrick County Board of Commissioners Meeting Minutes                             March 13, 2009

Commissioner Noffsinger: Right. The asbestos issue that was part of their process was to look in and see if there was
asbestos but the feasibility study was.

Commissioner Williams: So, did they…?

Commissioner Noffsinger: They did look through it. They did not find anything. But in any contract as a general…I’m
speaking from a general contractor at this point. We always put clauses into anything so if there was something that was
found as you say hidden behind a wall then you can cover yourself. If we open up a wall and we find two (2) pipes, three
(3) pipes with asbestos in it and we have to spend an additional fifteen ($15,000.00) to twenty thousand dollars
($20,000.00) to take that out of there, I think we’re still saving ourselves eighty thousand dollars ($80,000.00) by the
reconstruction of another building. The likelihood of that exceeding to get to the price frame I think is not possible.

Roger Emmons: If you were going to do a separate phase of the contract just for the asbestos that would probably have
to come out of the Commissioners Contractual Services line item. I don’t know off the top of my head what that balance
is but that line item gets used on a regular basis.

Commissioner Williams: I wonder how long it would take somebody to look at it.

Commissioner Mosbey: I know as a Councilman they are going to want that answer before they make a decision.

Commissioner Noffsinger: That’s correct.

Commissioner Williams: That’s a big “if” even though like you say the firm that did this study didn’t find anything but their
job wasn’t to go in and tear walls out and look for it and I think as a responsible Councilmen that we have they’ll ask that
question and before they spend that kind of money.

Roger Emmons: Well, it’s also been suggested that Cumulative Capital Development funds be used to purchase the
building and in order to do that I know the Commissioners have to pass a resolution to use CCD funds for non-bridge
purposes. And I believe the County Council also has to pass a resolution to purchase a building.

Commissioner Mosbey: Right.

Roger Emmons: There is paperwork that is yet to be done.

Commissioner Mosbey: Right. And I looked at the options. I should have brought my study out here but the
recommendation where if we and I don’t want to…because this is a public meeting but whatever the square footage was
they recommended not building…

Commissioner Noffsinger: Fifty three dollars ($53.00) a square foot.

Commissioner Mosbey: Yeah, okay. Down size the proposed new building from sixty two hundred (6,200) square foot
to approximately fifty one twenty (5,120) that would save us that much money. The property that I visited with the owner
here in Boonville I have no idea what it would be appraised for I need to…hopefully I can address that before the end of
this meeting. I forgot about it. In my mind I’m saying the property at Fuquay and Gardner tear down the existing
building, but an EMS station only. Depending on if we can buy this property at a reasonable property at a reasonable
price right around the town square and use it for record storage. You know those area two (2) big “ifs.” I don’t even
know if the numbers would balance out.

Commissioner Noffsinger: I’ll do the numbers for you. If we were to do that, if we were to knock that back by eleven
hundred (1,100) square feet you’re looking at approximately fifty five thousand dollars ($55,000.00) in savings.

Commissioner Mosbey: Right.

Commissioner Noffsinger: If we were to take that fifty five thousand dollars ($55,000.00) in savings and purchase the
building across the street we’re doing three (3) things. The first thing we’re doing we’re spending that money on an
additional building that’s going to take an additional building off of the tax rolls at that point. When we purchase that
building now we have to look at it as a restoration project which is going to run back into the hundreds of thousands of
dollars.

Commissioner Mosbey: No. This would be just to purchase just to store records. There would be no restoration to it if
we used it for that purpose.

Roger Emmons: You want it at least a little bit climate controlled for storage of records.

Commissioner Mosbey: Well, it is climate controlled.

Roger Emmons: The apartment building.

Commissioner Williams: That’s not even part of the issue.

Roger Emmons: I didn’t know how well they were set up.

Commissioner Mosbey: I’m just thinking out loud here…

Commissioner Noffsinger: So, we’re looking at needing to purchase that building for fifty five thousand dollars
($55,000.00) or less and then do absolutely nothing with it.

Commissioner Mosbey: Well, we would also be taking the building at 214 Lincoln off the tax rolls and purchase it.

Commissioner Noffsinger: That’s correct.

Commissioner Mosbey: Because that’s the complaints that I’ve had.
       - 18 -      Warrick County Board of Commissioners Meeting Minutes                              March 13, 2009

Commissioner Noffsinger: The financial savings over the years if you look at how much that building’s taxes are for a
year when we’re saving a hundred thousand dollars ($100,000.00) between the projects that can extend out for multiple
years on savings to the County from taking it off the tax rolls.

Doug Welp: You know ultimately the Commissioners’ basically recommendation to the Council and you can go about
this any way you want one option; you don’t have to do this we haven’t done it so far but what appears to be a relatively
complex issue you know whether this would be appropriate for some type of study or committee you don’t have to. You
don’t have to on any type of particular issue just an idea there seems to be a lot of factual issues out there as well as
some potential legal issues. I will just throw it out as an idea.

Commissioner Noffsinger: I am going to recommend that we move forward and I’ll leave it to you.

Roger Emmons: You need to make a motion to that fact.

Commissioner Williams: He did and there’s already been a second.

Roger Emmons: Okay.

Commissioner Noffsinger: My motion would be that we move forward with the recommendation of going with option #1
as our recommendation to the Council.

Commissioner Williams: I guess my question is wouldn’t it behoove us to get the answer to the asbestos “yes” or “no?” I
mean I think we need to move forward, but I think the Council is going to want to know that.

Commissioner Noffsinger: I have no problem with that.

Roger Emmons: We do have Contractual Services line item.

Commissioner Williams: I guess what I’d like to do is we have another meeting on the 23 rd.

Commissioner Noffsinger: Right.

Commissioner Williams: See if we can…I don’t know what we would have to do Counselor if we can get somebody in
that short notice but to…there are those type people in the area to see if we can get someone to come out on a short
time basis within this next week perhaps and see if there is any asbestos in there so we have that answer.

Commissioner Noffsinger: I’m willing to move forward on that.

Commissioner Williams: I’m willing to move on that aspect of it.

Debbie Bennett Stearsman: I just want to make one really quick question. I think you’ve already made the decision but
if you really are looking at stimulus or the other emergency money I would delay the decision too until we take a look at
what you’re proposing to see if it fits any of the funding. If you’re not, then I’m out totally out of it but I’m just saying…

Commissioner Mosbey: This was on our list.

Debbie Bennett Stearsman: But it’s still even though it’s stimulus dollars it’s still an application of grant federal funding
so there is restrictions so just before you make a decision if you want to look at those restrictions you might.

Commissioner Noffsinger: You’re right.

Debbie Bennett Stearsman: When you make up your funding mind.

Commissioner Noffsinger: Where we are at on this one is that we’ve looked for the means of funding this and I’ve been
able to find the means to fund this project.

Debbie Bennett Stearsman: If you’re going to do it locally I don’t have a problem with it but you mentioned it. I’m just
saying if you’re looking at stimulus or grant funding there are restrictions so remember that.

Commissioner Noffsinger: My thought process here is we’re looking at…we’ve got the money to do this but if we move
forward and submit it for grant money and we get that then we don’t have to pull into the money that we have found to do
this project.

Debbie Bennett Stearsman: But there’s two (2) totally different stories so since we all know so then that’s another
discussion. I’m just saying and I’ll explain that to you later…

Commissioner Noffsinger: Okay.

Debbie Bennett Stearsman: But if you’re looking at grant funding I would just ask that you take time to look at it.

Commissioner Williams: So, what are you saying you want to withdraw that motion and make the one with asbestos?

Commissioner Noffsinger: Yeah, okay. That’s fine. I’ll withdraw my motion and make a motion that we find a contractor
to do an asbestos study on 214 Lincoln.

Commissioner Williams: As quickly as possible.

Commissioner Noffsinger: As quickly as possible. Yes.

Commissioner Williams: Okay. Do I have a second?

Commissioner Mosbey: Second.

Commissioner Williams: Motion made and second. All in favor say aye.
       - 19 -       Warrick County Board of Commissioners Meeting Minutes                           March 13, 2009


Commissioner Noffsinger: Aye.

Commissioner Mosbey: Aye.

Commissioner Williams: Aye. Motion carries. I do think we all want to go forward on it.

Commissioner Noffsinger: Okay.

Commissioner Williams: One option or the other for sure.

        Commissioner Noffsinger Statement

Commissioner Noffsinger: And then I have one other thing I’ve prepared a statement I wanted to read.

Commissioner Williams: Okay.

Commissioner Noffsinger: “I would like to take this time to publicly apologize to some of the contractors that were hired
at our county to do debris removal. It is my opinion that some of our board members and Highway Department singled
out certain companies and dealt with them in an unprofessional and in some cases juvenile manner. I’d like to
emphasize that I adamantly disagree with the manner in which the contracts were terminated. I feel we wasted an
opportunity to restore the community after our disaster and we put our county in a position to receive less FEMA
reimbursement. It is my hope that in the future we take more responsible and professional approaches to working with
contractors outside this community.” And I’ll leave it there.

Commissioner Williams: Anything else?

Commissioner Noffsinger: That’s all I have.

        Request for Increased Speed Limit Epworth and Telephone Roads

Commissioner Williams: I have one (1) item. I got a letter from the Executive Director of the Chamber of Commerce
and I’ve had other people also and this wasn’t I don’t think we need this for action but something for the Engineer
Department to look at. There has been a request to increase the speed limit on the new portion of Epworth Road and
also Telephone Road, and I would like for that to be looked at for future meetings either the 23 rd or the first one in June
so we can look at possibly doing that because those roads have been upgraded significantly and I know it would be less
work for our deputies if we increase those speed limits. I think we need to look at that. The suggested speed was
45MPH and I don’t know whether the MPO will do that study or not. But, I would like to have that checked.

Noelle Mominee: As far as the process I think we would do a speed study and our speed study would go to the MPO.

Commissioner Williams: Right. I have discussed that with Bobby.

Noelle Mominee: Okay.

Commissioner Williams: And basically you know since those speed checkers are about a thousand bucks ($1,000.00) a
piece and I know you have eight (8) of them that we wait until probably at least April where we don’t have to worry about
them freezing or getting ice or anything in them.

Noelle Mominee: It is still on our list but we’re just waiting to do it.

Commissioner Mosbey: Is Telephone in the MPO area?

Commissioner Williams: No but they do the studies for the entire county.

Commissioner Mosbey: Oh, okay.

Commissioner Williams: No, it’s not an MPO area.

Commissioner Mosbey: I didn’t think so.

Commissioner Williams: They do do studies for traffic studies for us.

Noelle Mominee: What kind of information? You said you wanted something by the 23 rd, the next meeting?

Commissioner Williams: Not necessarily.

Noelle Mominee: Okay.

Commissioner Williams: Whenever get at it. I mentioned that. Sooner the better but that came to mind that Bobby had
said you know you want to make sure it’s warm enough for those counters aren’t damaged. And that’s all I had. I just
wanted to keep that on the front burner.

        Property at Corner of Second and Locust Streets

Commissioner Mosbey: I would like to back up if it’s possible because I forgot I didn’t make myself a note to make a
motion to have two (2) appraisals done on the Lillpop property at the corner of Second and Locust.

Commissioner Williams: Second and Main.

Commissioner Mosbey: Or, Main.

Commissioner Williams: Do you have a motion?
       - 20 -     Warrick County Board of Commissioners Meeting Minutes                          March 13, 2009

Commissioner Mosbey: So we have a clue what to do.

Commissioner Williams: At least we’d know what the value of the property is.

Commissioner Mosbey: Right.

Commissioner Williams: That’s a motion?

Commissioner Mosbey: That is a motion.

Commissioner Williams: Do I have a second?

Commissioner Noffsinger: I’ll second that motion.

Commissioner Williams: Okay. Motion made and second. All in favor say aye.

Commissioner Noffsinger: Aye.

Commissioner Mosbey: Aye.

Commissioner Williams: Aye. Motion carries. Thank you. Anything else?

Commissioner Mosbey: I’ll contact the appraisers.

Commissioner Williams: Okay, or let Roger. Roger’s going to contact the appraisers?

Commissioner Mosbey: Yeah, he’s going to take care of it.

Commissioner Williams: Okay. With that I’ll entertain a motion if nobody else has anything.

County Councilman Gerald Bass: I have a question.

Commissioner Williams: Okay Councilman Bass.

County Councilman Gerald Bass: Gerald Bass, County Councilman. Are you going to have this asbestos study done by
the time we have our Council Meeting? I didn’t catch that.

Commissioner Williams: We’re hoping to. We’re going to have it done as quickly as we can. If we can get it done next
week we’ll get it done next week.

County Councilman Gerald Bass: I was hoping it could be done by before it, but I didn’t know.

Commissioner Mosbey: We are all.

County Councilman Gerald Bass: I didn’t catch that what you said there so I just wanted to get it in front of me. Thank
you.

       Request for Cable T.V. Service

Commissioner Mosbey: One question for Commissioner Noffsinger. What’s the status of the T.V.? You’ve been
checking into and you didn’t address that.

Commissioner Noffsinger: No, I didn’t. That wasn’t on our agenda but the…and Joe you’ll fill in on a little hit of the
details. We’re looking at EMA needing cable service, the nurses downstairs were looking for that for the same reason
and I was looking for a cable T.V. in the Commissioners’ room so when we’re here during a disaster we’re not…we
haven’t locked ourselves out from what’s going on in the county and we found that to be the case during this disaster.
Joe has done a…

Joe Grassman: Do you want me to explain?

Commissioner Noffsinger: Yeah, come on up and explain to them what you found.

Joe Grassman: Briefly, SIGECOM-WOW will provide at no cost to the County the service for the cable T.V., all
materials required to hook up the T.V. monitors; the only thing the County has to do is once they run the coax from the
Judicial Center through the pipes underneath the street to this building and we have to have somebody then at that point
run those two (2) where ever you want the monitors to be. Dallas Scott has volunteered and he thinks there’s no
problem with him and he could get people to get that done. So, we’re looking at except for Dallas’ time and maybe
Brad’s time a no cost situation.

Commissioner Williams: Probably wiring on this side of it would we not have to provide to cabling from where it comes
under the street to the rooms that it’s going to?

Joe Grassman: Do you mean the materials?

Commissioner Williams: Right.

Joe Grassman: No. I think they are going to provide that also.

Commissioner Mosbey: Will there be a monthly fee?

Roger Emmons: No monthly bill.

Joe Grassman: No contract, no monthly fee.
       - 21 -     Warrick County Board of Commissioners Meeting Minutes                     March 13, 2009

Commissioner Mosbey: We don’t even need to act on that.

Commissioner Williams: No.

Commissioner Noffsinger: I’d like a consensus from the board that we’re going to do that.

Commissioner Williams: Absolutely.

Commissioner Mosbey: Absolutely yeah.

Commissioner Noffsinger: There you go. Thanks Joe.

Joe Grassman: Thank you.

Commissioner Williams: If there are no other matters I will entertain a motion.

Commissioner Mosbey: So moved to adjourn.

Commissioner Noffsinger: I second it.

Commissioner Williams: Motion made and second. All in favor say aye.

Commissioner Noffsinger: Aye.

Commissioner Mosbey: Aye.

Commissioner Williams: Aye. We are adjourned.



                                                                           WARRICK COUNTY COMMISSIONERS

                                                                           ____________________________________
                                                                           DON WILLIAMS, PRESIDENT

ATTEST:                                                                    ____________________________________
                                                                           ART NOFFSINGER, VICE PRESIDENT
________________________________________
LAWRENCE C. LACER, AUDITOR                                                 ____________________________________
WARRICK COUNTY, IN                                                         TIM MOSBEY, MEMBER

								
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