WARRICK COUNTY COMMISSIONERS by 6499YA

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									                            WARRICK COUNTY BOARD OF COMMISSIONERS MEETING
                                            REGULAR SESSION
                                     COMMISSIONERS MEETING ROOM
                                       107 W. Locust Street, Suite 303
                                             Boonville, Indiana
                                               April 26, 2010
                                                 4:00 P.M.


The Warrick County Commissioners met in regular session with Don Williams, President, Arthur Noffsinger, Vice-
President, and Tim Mosbey, Member.

President Don Williams called the meeting to order.

1st Deputy Auditor, Dorinda Burdette, recorded the minutes.

PLEDGE OF ALLEGIANCE

ACTION ON PUBLIC HEARING

REQUEST FOR EXTENSION OF IRREVOCABLE LETTER OF CREDIT:
Caney Creek Estates II by Steve Knies ~ Street construction. Has had three years. Requesting a one year extension
with no reduction from $30,000. LOC expires 5/31/2010.

Don Williams: Alright we have some APC business. Would our APC director go ahead and present that?

Sherri Rector: The first item is request for extension of Irrevocable Letter of Credit in Caney Creek Estates II by Steve
Knies. His Street construction they’ve had three (3) years requesting a one (1) year extension with no reduction from
thirty thousand dollars ($30,000.00). Letter of Credit expires May 31st. This has been reviewed by Engineer Howard
and the dollar amount approved and it is within the Subdivision Ordinance time period.

Don Williams: Okay, Mr. Engineer do you have input?

Bobbie Howard: I recommend approval.

Don Williams: Okay, Mr. Bivens, do you have anything you would like to say, Sir?

Bill Bivens: No Sir.

Tim Mosbey: I make a motion we approve.

Don Williams: Okay, motion to approve.

Art Noffsinger: Second.

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

Tim Mosbey: Aye.

Art Noffsinger: Aye.

Bill Bivens: Thank you.

Don Williams: Did you say aye?

Art Noffsinger: Aye.

Don Williams: Motion is approved.

REQUEST FOR ACCEPTANCE OF STREETS FOR MAINTENANCE:
     Crescent Heights Section B ~ Crescent Drive ~ 284.08 lineal feet

Sherri Rector: The next item is request for acceptance of Streets for Maintenance is Crescent Heights Section B. Is for
two hundred eighty four and zero eight (284.08) lineal feet of roadway that…Bobby do you want…was never accepted it
was an oversight I guess for years and we’ve got another road connected to it.

Bobby Howard: Right, there’s an extension of a Subdivision…

Sherri Rector: Sunrise or…

Bobby Howard: Yeah, Sunrise Estates I think that attached to that section. This is a section that has been under
County maintenance for several years. But it was not on the books as being under County maintenance. When the
subdivision was done he had to come in, he did, the developer at the time, did plat and ask for acceptance of a certain
section of street. This two hundred eighty four (284) feet was all done at the same time but there was an oversight back
then I guess and they never brought it in for acceptance. There were no homes built on that section I think there’s a
couple of apartments with access through there. So we are just going ahead and officially taking it in what we have
already been maintaining.

Don Williams: Okay, are there any questions from the Board?

Art Noffsinger: This does meet all County specifications?

Bobby Howard: At the time of it’s…per its plan. When it was designed in the…I don’t know what year that was but it
meets the specification of the design at that time.
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Art Noffsinger: I mean, you would recommend…?

Bobby Howard: Yes, recommend approval. We’ve already accepted it for maintenance by maintaining it for all of these
years.

Art Noffsinger: Then I move that we accept them.

Tim Mosbey: Second.

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

Art Noffsinger: Aye.

Don Williams: Aye.

Tim Mosbey: Aye.

AMENDING ORDINANCE TO THE COMPREHENSIVE ZONING ORDINANCE:
    AN ORDINANCE TO AMEND ARTICLE XXVI(A) ON PREMISE SIGNS SECTION 8 PERMITTED USES BY
    DISTRICT TABLE C OF THE COMPREHENSIVE ZONING ORDINANCE FOR WARRICK COUNTY, INDIANA
    The purpose of this ordinance is to change the wording of Table C Chart for On-Premise Signs from “square foot
    of sign area for each linear foot of building frontage or lot frontage, whichever is lesser” to “…linear foot of
    building or lot frontage, whichever is greater.” Recommendation of approval by Plan Commission April 12, 2010.

Sherri Rector: The next item is Amending Ordinance to the Comprehensive Zoning Ordinance. An Ordinance to
amend Article XXVI(A) of on Premise Signs Section and permitted uses by District Table C of the Comprehensive
Zoning Ordinance for Warrick County, Indiana. The purpose of this ordinance is to change the wording of Table C
Chart for On-Premise Signs from “square foot of sign area for each linear foot of building frontage or lot frontage,
whichever is lesser” to “…linear foot of building or lot frontage, whichever is greater.” This was changed a few months
ago last year. Which after we got to reviewing made no since because the lot can’t be any bigger…I mean the building
can’t be bigger than the lot. And also what it did was hurt small businesses that are coming in commercial business. It
wasn’t allowing hardly any signage at all and they’ve been having to file variances so this brings everything whether in
consistent with smaller and larger businesses.

Don Williams: Are there any questions from the Board?

Art Noffsinger: I sat through a meeting on this. This just shows that as a County we’re actually improving it, making life
easier and better for our small businesses. So I would like to make the motion that we go ahead and approve this.

Don Williams: Okay, do I have a second?

Tim Mosbey: Second.

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

Art Noffsinger: Aye.

Tim Mosbey: Aye.

Don Williams: Motion carries. Three (3) to zero (0).

Sherri Rector: Mr. President? Could we have an Ordinance Number please?

Don Williams: Yes.

Angie Leslie: Okay that’s Ordinance number two thousand ten dash zero one (2010-01).

Don Williams: Okay, let the records show that was just approved.

Sherri Rector: That’s all I have, thank you.

Approval of Minutes
              March 8, 2010           Regular Session
              March 15, 2010          Regular Session
              March 22, 2010          Regular Session
              April 12, 2010          Regular Session

Don Williams: Next on the Agenda we have approval for minutes of March 8th, March 15th, March 22nd and April the
12th. Have you all had a chance to go through the minutes?

Tim Mosbey: Yea, I make a motion we approve the March 8th, March 15th, March 22nd, April 12th Regular Session
Minutes.

Art Noffsinger: Second.

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

Tim Mosbey: Aye.

Art Noffsinger: Aye.

Don Williams: Motion carries, thank you.
           -3-      Warrick County Board of Commissioners Meeting Minutes                          April 26, 2010


       Items For Discussion

               EMS Monthly Report

Don William: Okay EMS, Mr. Gamble, if you would come up please.

Joe Gamble: Joe Gamble, Director of St. Mary’s Warrick EMS. Be reporting for March 2010 Operations Report. We
had a total of four hundred sixteen (416) ambulance runs in March. That was effectively about one hundred eight (108)
more ambulance responses then we made in February. So I don’t whether the moon changes or what happens. Two
hundred sixty five (265) went to the ER’s, fifty seven (57) were refusals, forty four (44) were hospital discharges, twenty
six (26) fell in the all other category and twenty four (24) were private runs. Customer satisfaction survey’s continue to
all be satisfactory or above. We maintain a ninety seven percent (97%) success rate of our fractal response time in
March so that’s well within our limits. Station repairs, we are still waiting for County Maintenance to connect the HVAC
duct work and I think there are some window panes and a couple of other things but especially the duct work before we
pull in there. The contractor has now sealed the garage floor so the floor is done. So we’re just waiting for this duct
work and then some scrap metal outside to be picked up so…but the duct work is the primary hold up. Chandler
Station of course we’ll be waiting until May to hear about that Grant Application.

Don Williams: We will get with our Maintenance and try and be out there Wednesday. Will you be available
Wednesday?

Joe Gamble: Yes, absolutely.

Don Williams: We want to make exactly sure what you want done.

Joe Gamble: Yeah, they’ve got all the duct work they’ve had it all shipped in there so it’s all in boxes. Yeah, they just
need to hook it up. And then we’re prepared to do the finishing work internally like paint and things like that so I think
we’re pretty ready to go. I’ll also be covering the financials for the month of March. Total funds received in March as
you can see there on the bottom line…we were fifty four thousand one hundred sixty three dollars and seventy three
cents ($54,163.73) over budget on funds received during March. A big part of that was just in over all collected
revenues of fifty thousand sixty three dollars and thirteen cents ($50,063.13) over budget. That’s going to go in a little
bit of a cycle because as the billing company tries to collect that from Medicare and Medicaid Insurance we’re going to
have months like this. I think now we’ll probably be seeing more months like that than less just because we have really
changed some of the billing things with the billing company and tried to increase that. That puts us year to date thirty
nine thousand seven hundred ninety one dollars and six cents ($39,791.06) over budget for funds received. For
expenses two (2) or three (3) things here; one (1) is employee fringe benefits was over budget. That’s based on the
fact that they, the accountant did not accrue that. We now have a new accountant and because of that that’s all hit, that
will balance out before the next, before the summer comes.

Tim Mosbey: So you got rid of the one that messed up, huh?

Joe Gamble: Well she had some excuses about being pregnant and went on maternity leave and they replaced her.
Salaries and wages that just illustrates we don’t give pay raises at EMS until March because we always to wait to see
the budget and wait to see. We did not give over one percent (1%) that was only about four (4) or five (5) employees.
The remainder got a percentage of one percent (1%) and on down but if they are already at the top of their pay
category that comes in a lump sum. So again that’s another item that will balance as we go over the next couple of
months. The issue of education travel and dues is over budget a little bit and that was based on that we’re doing two
(2) First Responder classes in the County for volunteer fire. One (1) in Tennyson and one (1) at Newburgh. The area
fire departments are all welcome to attend that program but that represented some materials. About half of that’s
already been recouped in that revenue column above based on buying books and that sort of thing. And of course
when revenues go up to this, this rapidly billing collects and data processing will go up a little bit to meet that and so
that’s why you’ve seen about two thousand dollar ($2,000.00) overage there in March just because the revenues were
at exceeded expectations. That means all told that as of the end of March we’re twenty three thousand one hundred
forty two dollars and seventy one cents ($23,142.71) below budget for expenses. It means that we are twenty (20) well
actually (thirty nine) 39, let me find the right line here, excess revenue over expenses sixty two thousand nine hundred
thirty three dollars and seventy six cents ($62,933.76) which means that as of the end of March we’ve reduced the
County subsidy for this calendar year by sixty two thousand nine hundred thirty three and sixty seven cents
($62,933.67). So at that pace we’re only through the first three (3) months we’re going to have at least as good as year
as last year if not substantially better. Of course any money we don’t use we return.

Don Williams: Okay, thank you very much.

Tim Mosbey: Thank you.

Don Williams: Are there any questions from the Board?

Tim Mosbey: No.

Don Williams: Thank you Mr. Gamble.

Joe Gamble: Thank you.

       Aaron Franz, Warrick County Health Department
              1. Generator for Nursing Dept.
              2. Paternity Affidavits ~ Proposed Increase in Fees

Don Williams: Mr. Franz, you’re up Sir.

Aaron Franz: Aaron Franz with the Warrick County Health Department. I have two (2) items I need to bring before the
Board and first one (1) is we have obtained permission through our H1N1 Grant to purchase a generator. It will actually
be a permanent generator that we sit outside of the building to help us maintain cold chain for all of our vaccines and
things that comes in. And what I need permission from the Board for is the ability to put a concrete pad outside the
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nurse’s office and also to hook up to the natural gas. We have received approval from the CDC and the State of
Indiana to use this grant money to purchase that and to do all of the work on it. So that’s all set in place I just need the
Boards permission to…

Don Williams: Will there be a hole in the wall or anything like that? What has to be done there?

Aaron Franz: You know I…I’m assuming they’ll probably use some of the current access that we have. I’m just making
an assumption; I don’t know that for sure.

Don Williams: Is there an outlet down there on the outside?

Aaron Franz: I know we have to get an electrician. That was part of the bid that we had to submit.

Art Noffsinger: Do you have drawing where you’re going to put it?

Aaron Franz: No I do not have those yet.

Don Williams: This will prevent future spoilage of vaccines it sounds like.

Aaron Franz: Right and this generator will be tested regularly. It will just kick on by itself. The maximum that our power
will ever be out will be about thirty five (35) seconds from the time that we get power again. So it will be a real good
thing for us especially in the light of some of the incidents in the past couple years with insurance…

Tim Mosbey: Do you have dimensions; I mean like how big is this thing going to be? Do you have a clue?

Aaron Franz: How big it’s…

Tim Mosbey: How big is the generator itself that is going to be sitting outside. I’m just thinking of esthetics what’s this
going to look like? Do we need to incur some landscaping?

Don Williams: 5KD or…?

Aaron Franz: Yea, I think it’s about a five (5), five (5) or eight (8)…no. Size wise it’s only going to be about…

Don Williams: That’s not real big.

Tim Mosbey: Like an air conditioner.

Aaron Franz: Air conditioner kind of size.

Tim Mosbey: Okay.

Aaron Franz: So if we can maybe…

Tim Mosbey: I was just a little concerned, you know…

Aaron Franz: Place it behind the shrubbery or something…

Tim Mosbey: Or maybe part of the grant money can be used to buy some bigger shrubbery to cover it?

Aaron Franz: I’ll look into that.

Art Noffsinger: I think it’s a great idea, I’d like to get the dimensions, the location.

Aaron Franz: I need to really, I guess, see where if that’s okay and then I can start plotting that out and come back next
time.

Don Williams: When you have something like this you might just…I’m here at least Monday, Wednesday, Thursday
and Friday and I would be glad to go out and you could say ‘hey this is where we want to put it’ that a way we don’t
have quite as many questions come up.

Aaron Franz: I probably need to get with Brad too working on the Maintenance Department and see location wise.

Tim Mosbey: Definitely.

Don Williams: Okay, that sounds like a great idea.

Aaron Franz: Alright, thank you.

Art Noffsinger: Where are you at on the generator?

Aaron Franz: The generator we’ve already, we already had to have that submitted before. It actually was turned down
by, as I look back, the grant turned it down but the CDC changed their minds. And then we had to resubmit everything.
That part’s already done. We are purchasing a second; we’re getting bids on a second generator that we keep
downstairs for mobile transport that I’m working on right now.

Art Noffsinger: Okay.

Sam Roach: I get regular emails from the State surplus. I’ve been trying to purchase a generator for the Highway
Department, backup generators. There is a lot of equipment that is returning from Iraq right now. I got a, it was a two
hundred (200) page list of equipment today. I got the email if you want me to look for you also. I don’t know if you’ve
already got the deal made for the first one but the second one…
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Aaron Franz: Okay, yea.

Sam Roach: Tell me what you’re looking for and I might be able to find you one.

Aaron Franz: The second one that I’m looking for is a portable. The first one is already done and I’m running out of
time to resubmit so, but the second one I could that would be great.

Sam Roach: Well, it’s, I’ve been thinking about generators today.

Aaron Franz: Okay.

Art Noffsinger: And as you’re looking, I mean, I would definitely encourage you to look within the County.

Aaron Franz: Oh I have, everywhere, we have.

Art Noffsinger: As you’re…

Aaron Franz: As a matter of fact I’ve got some more bids today on the second one.

Art Noffsinger: I think we have five (5) local businesses in the County that do generator work.

Don Williams: Do you have a second item?

Aaron Franz: Yes I do. I just wanted to submit these, I have some things if I could give these to you guys.

Don Williams: Sure. Thank you, Sir.

Aaron Franz: The State is changing the way that we do Paternity Affidavits in our office. It used to be just a small, like
a half (½) page form that was filled out. This is the new requirements and it’s going to take a lot more time. Last year
we did about sixty nine (69) Paternity Affidavits. So again I’m just proposing this for you guys to look at maybe a
possible increase in the fee to do this because it’s going to be a very extensive process for us.

Don Williams: Are you going to give us a chance to look through this then?

Aaron Franz: Yes, yes I am.

Don Williams: What are, if I might ask, what are our current fees?

Aaron Franz: Our current fee is ten dollars ($10.00).

Don Williams: And what do you want it to go to?

Aaron Franz: Well, I haven’t put all of that together yet. I’m just going to do this…

Don Williams: This is just a heads up for us?

Aaron Franz: Give it to you guys to look at it and then I’ll do the cost study, what time and energy it’s going to take. We
don’t, we haven’t done any of them like that yet so… And we don’t really know but it’s going to be, it’s going to be a lot
of work as opposed to sitting down and just filling it out as you can see.

Tim Mosbey: Yeah.

Aaron Franz: What they’re wanting us to do rather than just filling out the paperwork, we got to have a lot of new
information now.

Doug Welp: Aaron, I was looking through the Book of Ordinances and did not see the Paternity Fee established in the
Code.

Aaron Franz: Okay.

Doug Welp: Do you know if it’s in there?

Aaron Franz: No I do not.

Doug Welp: Do you know whether the Commissioners or Council establishes it?

Don Williams: Not in the last ten (10) years.

Doug Welp: It has not been…

Don Williams: Not in the last ten (10) years I know it hasn’t. So it hasn’t been raised for at least that long.

Aaron Franz: Yeah, it’s just been in existence ever since I’ve been here so, I don’t have any…

Doug Welp: Is there any guidance in the new law on what the fee should be?

Aaron Franz: No there is not. It’s just almost assumed to go in under what we are already doing.

Don Williams: What you’re thinking Counselor is we may need an Ordinance to…we certainly want to increase it would
we not?

Doug Welp: Yeah, the fee, any fees have to be set by Ordinance. They have to be, unless they are set by statute they
would have to be reasonably related to the service that’s being…. The fees have to be set by Ordinance. The question
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would be whether some fees are set by the Council; some are set by the Commissioners. Regardless, if it’s not set in
the statute, the fee, then the fee needs to be reasonably related to the expense including our time involved in providing
that service.

Don Williams: And you are going to analyze all of that?

Aaron Franz: Yes, yes Sir. I just, I wanted to just present to you guys as I get those things together at least you have
some knowledge of what, of what we’re looking at.

Don Williams: Sure.

Aaron Franz: I just got this last week and I wanted to get it to you as soon as I could.

Don Williams: Thank you very much.

Aaron Franz: Thank you.

Tim Mosbey: Appreciate it.

       Castle High School Request to Close Casey Road between Oak Grove and Vann Roads on Monday, May 24,
2010 from 8:00pm to 9:45pm.

Don Williams: Okay, we have next agenda is Castle High School has requested Casey Road between Oak Grove and
Vann Monday May 24th from 8:00pm to 9:45. This is an annual request and we’ve always approved. They always work
I think at the Highway Department for signage.

Tim Mosbey: And the Sheriff’s Department.

Don Williams: And the Sheriff’s Department.

Tim Mosbey: I’d make a motion that we approve the request.

Art Noffsinger: Second.

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

Tim Mosbey: Aye.

Don Williams: Aye.

Art Noffsinger: Aye.

        United Bank Request to Close a portion of Lake Shore Drive on Saturday, June 5, 2010 from 9am to 2pm for
their Eighth Annual Community Day

Don Williams: And then we have a United Bank request to close a portion of Lake Shore Drive. Saturday, June 5th
from 9:00am to 2:00pm for the 8th Annual Community Day. This is also an annual event that comes from 66 and just
that little stretch right there so it should not be a problem at all.

Art Noffsinger: I move that we approve.

Tim Mosbey: Second.

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

Art Noffsinger: Aye.

Tim Mosbey: Aye.

Don Williams: Aye.

       Appointment to Boonville-Warrick Public Library Board ~ Finish Out Term Left Vacant by Jan Tuley

Don Williams: I need a break. For the next item, let me, I got a couple….

Tim Mosbey: Time out.

Don Williams: The next item on the agenda, sorry for that vacation there, Gentlemen. The Vice President would have
taken on over and wouldn’t have missed a beat.

Tim Mosbey: Well I figured you had something on this issue.

Don Williams: Well you’re not the Vice President anyway.

Tim Mosbey: Or he did I mean….

Laughter

Tim Mosbey: No, that’s the reason I didn’t tell him, I didn’t tell him to continue on because we thought you had some
input.

Don Williams: Item E we have, we just made one appointment but Jan Tuley has vacated her position on that Board
and we have another one. There are two ladies and I’ve tried to call them both and I haven’t been able to get a hold of
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either one of them. One is Janet Thompson who the Library Director recommended before; the other is an Audrey
Lipking. They both are here in Boonville. Both of them are active library users. I guess weekly so they are well known
down there. Either one would be good if either one you gentleman…

Tim Mosbey: I don’t know them but I would think that if Mrs. Thompson was recommended by the director she ought to
be…

Don Williams: Both of these were recommended by the director.

Tim Mosbey: Oh, oh well.

Don Williams: And I asked Mrs. Aigner which one she preferred hoping that she would help us out.

Tim Mosbey: She wouldn’t.

Don Williams: And of course she would not. She said it doesn’t really matter but since she only recommended Mrs.
Thompson to begin with I would suggest we go with Mrs. Thompson I don’t think anybody would be upset by that.

Art Noffsinger: All I would ask is, just like we did last time. We took two (2) weeks to find somebody that would give us
a chance to review these people. I would like to take, actually till the last meeting to make a decision. That way we can
do a background and make sure we are appointing the right people to the Boards.

Don Williams: It doesn’t matter to me but my intent is to appoint one (1) of these two (2) ladies. I just haven’t had a
chance to contact them. You don’t have a problem with that?

Tim Mosbey: That’s fine.

Don Williams: Okay we’ll do this at our May 10th meeting. I don’t know if there is any urgency. She didn’t say that
there was.

Art Noffsinger: Okay.

Don Williams: So we will do it May 10th if that’s all right with everybody.

Art Noffsinger: May 10th will work.

Don Williams: Susie if you would put that on the agenda for May 10th and you might put, I’ll give you both those names
that have been recommended and you can put there so you don’t forget them. I do have phone numbers and
addresses if you all would like those so you could call them.

Art Noffsinger: Okay.

Don Williams: Okay, anything else under Items For Discussion? You have anything Susie?

Susie Taylor: No.

       COUNTY ADMINSTRATOR

Don Williams: Alright. Next we will go through our Departmental Administrator Stonehaven Area Sewer. We are
underway. I’ve got the second week of reports do you have anything on that? Putting pipe in the ground? That’s good.
Do you have anything Bobby on that other than just our regular daily reports?

Bobby Howard: I just want to report that I believe that this Thursday at 3:00 is the next Progress meeting.

Don Williams: Right. Progress meeting is, it’s, anybody want to attend that its apartment number seven (#7) there at
Motel Manor. Room number seven (7) I guess.

       FMLA Requests

Don Williams: Okay, we have a FMLA request, Susie?

Susie Taylor: Yes we have two (2) FMLA requests from the Sheriff’s office. They are both in order and Roger
recommends approval.

Tim Mosbey: I make a motion we approve.

Art Noffsinger: Second.

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

Tim Mosbey: Aye.

Art Noffsinger: Aye.

Don Williams: Aye. Motion is approved.


       COUNTY AUDITOR

Don Williams: Auditor, you have some business for us, Dorinda?

Dorinda Burdette: We are requesting the payment of the Payroll Claims in the amount of three hundred eighty nine
thousand seven hundred fifty seven dollars and thirty seven cents ($389,757.37).
           -8-      Warrick County Board of Commissioners Meeting Minutes                         April 26, 2010


Don Williams: Okay, I entertain a motion.

Art Noffsinger: Move that we approve.

Tim Mosbey: Second.

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

Art Noffsinger: Aye.

Tim Mosbey: Aye.

Dorinda Burdette: Thank you.

       COUNTY CLERK

Don Williams: County Clerk. There is nothing on the agenda.

       COUNTY PURCHASING

Don Williams: County Purchasing, Mr. Grassman.

Joe Grassman: Joe Grassman, Purchasing Manager of Warrick County. What I have for you this evening was a list of
items, vehicles and trash containers that the, that currently are titled and owned by the County that the Solid Waste
Management District would like to have one (1) of the vehicles transferred to their ownership. And the other items to be
sold to or they would like to purchase those items from the County. I think the first order of business would be to
declare all this, all these items Surplus and exclude it from consideration or participation in any SRI Internet Auction.

Don Williams: Alright this is just really housekeeping from where the Solid Waste was transferred from the County….

Tim Mosbey: Right.

Don Williams: To the Solid Waste Board. That’s really all we’re doing here.

Tim Mosbey: I’d make a motion that we declare all these items surplus and exclude them from the SRI Auction.

Art Noffsinger: Second.

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

Tim Mosbey: Aye.

Art Noffsinger: Aye.

Don Williams: Motion carries.

Doug Welp: Joe, I did not understand your email correctly so I didn’t get that.

Joe Grassman: I understand.

Doug Welp: We, we need to get that straightened up in the Resolution. We can do that all in one (1) Resolution.
Where one (1) is being transferred at basically no consideration and other ones are at the price that you have or the
value that you have listed in your email.

Joe Grassman: Okay, so in other words we have, Doug will just prepare a Resolution…?

Don Williams: And we will approve that in the next meeting, Mr. Attorney?

Doug Welp: Yes.

Joe Grassman: Any questions?

Art Noffsinger: I do have a question. This came up at our Solid Waste meeting. When the containers, when you guys
went over the containers, the value was based on scrap, scrap pricing.

Joe Grassman: On some of them.

Art Noffsinger: There was four (4) of them I believe it was that went based on scrap pricing.

Joe Grassman: I don’t have that list with me but let’s say this for argument purposes it’s something like that.

Art Noffsinger: Right.

Joe Grassman: I think you’re right.

Art Noffsinger: When we were at the meeting the other day and after I left I started thinking about what we were talking
about. They are actually planning on using those things so they have a higher value than scrap.

Joe Grassman: Okay.

Art Noffsinger: And, I mean, I know if you can…I would like to see us work to see what the real value of that would be.
           -9-       Warrick County Board of Commissioners Meeting Minutes                             April 26, 2010

Joe Grassman: Okay, well then, well first of all I was told that those four (4) of no value. That they are falling apart and
that they were gonna be scrap.

Art Noffsinger: Right.

Joe Grassman: So that’s why we put a scrap value on it.

Art Noffsinger: And then they discussed the other day…

Joe Grassman: I would say if they’re not they would just probably move it up into that next category and I forget what
those were, a thousand ($1,000.00) or twelve hundred ($1,200.00) a piece or something like that.

Art Noffsinger: Okay, yeah, because I know they talked about going ahead and fixing them and using them and if that’s
the case then they’re not really scrap.

Joe Grassman: Right, well then they would…I would just say they would just move up to that next category whatever
that, I forget if I had three (3), two (2) or three (3) categories I think. At least three (3) but I don’t remember what they all
were right now.

Art Noffsinger: Okay.

Joe Grassman: But I would say it would move up to from the bottom category of scrap to the next category of value
which would be marginally…

Don Williams: I think they said the reason they were considered scrap is because they couldn’t latch them properly so
they couldn’t travel down the road and that sort of thing.

Art Noffsinger: Yeah, but then the determination was made that they could actually fix that without any problem. It was
just a welding issue.

Joe Grassman: Well then we’d need to adjust those values. Right now the value of all of them was twelve thousand
nine hundred ($12,900.00) so we will have to adjust those four (4) up to the next category and add that value to the
Resolution then. And then they’ll have to, of course, we both will have to agree.

Don Williams: My only question is they may only have that value once they’ve been welded and fix those latches. I
mean they may not have that value until they actually have the latches so they can be used as intended. We can check
into these.

Art Noffsinger: We’ll look into it. Find out what that value is and see if we can’t adjust it.

Joe Grassman: Okay.

Don Williams: I mean they may be scrap but they’re definitely not useless.

Art Noffsinger: That’s right.

Joe Grassman: Well, I was really led to believe that they were useless.

Art Noffsinger: Yeah, and I was with you until the last meeting when that was brought up. That they’re really not totally
useless.

Joe Grassman: Alright.

Doug Welp: We might be getting confused with the language that’s in the statute on surplus property. There are the
terms “worthless” and we might be getting, we might be crossing language here.

Art Noffsinger: Okay.

Doug Welp: For purposes for disposing of surplus personal property. Property is considered “worthless” or of “no
market value” if the value of the property is less than the estimated cost of the sale and transportation of the property.
And if it falls into that category then it can be demolished or junked under Indiana State Statue. Understand that’s not
the intension of what we want to do with it.

Art Noffsinger: Right.

Don Williams: This was actually transferring from one Government Entity to another.

Doug Welp: Yep, that’s under a different section we’re doing the other ones under.

Don Williams: Right, okay, anything else, Mr. Grassman?

Joe Grassman: No, does anybody else have any questions?

Don Williams: I don’t think so. Thank you, Sir.

Joe Grassman: Okay, thank you.
          - 10 -       Warrick County Board of Commissioners Meeting Minutes                          April 26, 2010

       County Attorney

                        MedBen Addendum to the Benefit Management Agreement (Business Associate Agreement –
HITECH)

Don Williams: Mr. Attorney, you have some items for us?

Doug Welp: First item is the MedBen Addendum to the Benefit Management Agreement. This is what’s called a
“Business Associate Agreement” under HIPAA the PHI “Personal Health Information” is the County’s PHI. And when
we contract with entities to handle that PHI we need to enter into these agreements which are called “Business
Associate Agreements”. The sticking point on this agreement and that…Don has been in on the email on this.

Don Williams: It was sent to me kind of like “hey this is a routine thing County Commissioner President can just sign it”.
And I read through that and I saw it had all sorts of red flags about possible liability that’s why I wanted you to look at it.
And I think there are certainly some liabilities there but that’s natural when you deal with health and people so.

Doug Welp: Right, and so the remaining issue is over an instance if there’s ever a breach, what’s called a “Breach of
PH”. In other words if PHI is let outside the system for some reason either outside the County system or outside of
MedBen system, under HIPAA, one or the other side, either the County or MedBen, would be required to do perform an
investigation. MedBen wants to transfer that responsibility and expense to the County.

Tim Mosbey: Of course.

Don Williams: My contingent was how do we do it?

Doug Welp: Well and there’s a couple of contingents. One (1) is where I don’t think that necessarily County is
equipped to do that. And secondly if MedBen is the entity which caused the breach, in my estimation MedBen should
perform the investigation.

Don Williams: Absolutely.

Doug Welp: So far they are not bending on that.

Don Williams: So you’re not recommending you sign it until we get to MedBen to get the smoke cleared a little bit.

Doug Welp: That is correct.

Art Noffsinger: I would agree with that.

       Fidlar Contract for Scanning of Aperture Cards – Recorder’s Office

Doug Welp: The other item is the Fidlar Contract and this is one that our Recorder, Pat Brooks, has been working on.
On with and for, for awhile and we do have the language in order for this. This is a contract for scanning what are
called Aperture Cards. And these are essentially microfilmed versions of images that are taken from the Recorders
Office.

Don Williams: Right, yeah, I think there are like six hundred thousand (600,000) of them.

Doug Welp: There are, yes, it’s into the hundreds of thousands of images. This goes back to 1967 images and the
cost is a cost not to exceed one hundred sixteen thousand three dollars and four cents ($116,003.04). The Recorder
has done quite of bit of work with this company Fidlar. She believes that Fidlar really provides a superior quality
product, service. They then did the prior service provider, which I can’t remember the name of, but anyways, the
contract is in order and it is ready for approval. The Recorder, I believe, had to go to Indianapolis today for some type
of convention or seminar and so could not be with us tonight.

Don Williams: Actually it was a legal meeting she had to go to I think concerning her job.

Tim Mosbey: So Council’s recommending approving and signing the contract?

Doug Welp: Recommend approval.

Don Williams: Right and the Recorder said that when the people from Fidlar come in they will be doing it around the
clock twenty four seven (24/7) until it’s done. So it shouldn’t be too long to get those in.

Art Noffsinger: I think at the last time she was here she also agreed to have somebody with them the entire time.

Don Williams: Right, that’s right.

Tim Mosbey: I’d make a motion we approve the contract.

Art Noffsinger: Second.

Don Williams: Okay, motion made and second. All in favor say aye.

Tim Mosbey: Aye.

Art Noffsinger: Aye.

Don Williams: Aye. Anything else, Mr. Attorney?

Doug Welp: Not under my agenda. I didn’t know if the Board and Roger’s notes wanted to handle that item number
one (1) on page two (2).
          - 11 -     Warrick County Board of Commissioners Meeting Minutes                          April 26, 2010

Don Williams: I’m not sure I have that here with me.

Tim Mosbey: Here, read it real quick. We were discussing that, I was discussing that earlier with Roger that the
situation where the rules were changed like three (3) days after she retired back in…

Don Williams: Actually three (3) days before she retired….

Tim Mosbey: Three days before she retired back in 19….

Don Williams: The handbook was changed.

Tim Mosbey: The handbook was changed… I mean from Roger’s recommendation if I interpreted it correctly, she’s
deserving of it. What she’s requesting, because at the time she wasn’t aware of the new handbook changes. She
never received the new revised handbook because she was no longer an employee, it was done three (3) days before
she quit or retired.

Don Williams: She never got the new book that’s for sure.

Tim Mosbey: Yeah, it’s confusing.

Don Williams: From research there were several that did this and the only reason, and normally they’re just approved
and done because that was the paperwork of the time but since this particular individual was a friend of the lady that
does it she wanted our approval for some reason. She didn’t need the rest so, I mean, if it was there and it was the
legal thing of the time I don’t….

Tim Mosbey: I mean Roger is recommending we approve this because it’s been done in the past.

Don Williams: Right and the paperwork was in order. The only problem is she left the County three (3) days after the
handbook changed and the previous handbook said she had to notify the County by letter by letter thirty (30) days prior
to retirement or leaving, which she did. The new one says, the new handbook change said it had to be within ninety
(90) days after she left. So I think she actually did it under the current handbook of the date that she put it in.

Art Noffsinger: Okay, it was my understanding that she didn’t leave…how do I want to put this?

Don Williams: She was with the County I think twenty four (24) years.

Tim Mosbey: And at the first of the year her position was no longer available.

Don Williams: Right.

Tim Mosbey: Was what the situation was.

Art Noffsinger: Right, so the position was terminated.

Tim Mosbey: Yeah.

Art Noffsinger: And she didn’t have….

Tim Mosbey: No funding.

Art Noffsinger: Okay.

Tim Mosbey: From what I remember.

Art Noffsinger: Yeah, I wasn’t there the whole time. I’m still confused on all the different directions this has taken.

Tim Mosbey: Yeah, it’s…

Don Williams: Over the years it’s taken several.

Art Noffsinger: Right and it just seems like every day, something, a new direction on this one.

Don Williams: Agreed. What’s the will of the Board?

Tim Mosbey: Oh, well, I mean, I think considering the whole situation she’s deserving of it because all the other
employees that have been in her shoes have reserved the future coverage option so I would say we would…I would
make a motion to approve in granting her the right to get the coverage.

Don Williams: Okay, do I have a second?

Art Noffsinger: Because of the inflexive information and going the multi-directions at this time I don’t feel comfortable
seconding.

Don William: I’ll second that, I think we’re right on board here. You okay with my seconding that?

Art Noffsinger: Oh, yeah.

Don Williams: Okay, we have a motion and second. All in favor say aye.

Tim Mosbey: Aye.

Don Williams: Aye. Do we have any abstentions or…
           - 12 -      Warrick County Board of Commissioners Meeting Minutes                        April 26, 2010

Art Noffsinger: I’ll abstain.

Don Williams: Okay. So let this show two (2) ayes and one (1) abstention. Okay, anything else, Counselor?

Doug Welp: No, thank you.

        Highway Engineer

Don Williams: Okay, Mr. Engineer? I understand you have an item that wasn’t there when we put the agenda together.

Bobby Howard: Yes, I received a phone call from our Project Engineer on the Lincoln Avenue job. This is for change
order number six (6). INDOT has changed some of their pavement specification standards which allowed us to apply
for a negative change order. So it’s a savings of one thousand eight hundred fifty dollars and thirty cents ($1,850.30)
on the job and I just ask for approval tonight.

Art Noffsinger: I’ll approve. Move to approve. I move to approve.

Tim Mosbey: Second.

Don Williams: Okay, we don’t get those good kinds very often. Motion made and second. All in favor say aye.

Art Noffsinger: Aye.

Tim Mosbey: Aye.

Don Williams: Motion carries.

Bobby Howard: One more thing that I wanted to ask is that item three (3) the State Road 57 Road Transfer Agreement
I believe Doug had emailed some marked up version of that back to the Commissioners. I have not heard if the
Commissioners have reviewed that and want that passed on to INDOT at this time.

Don Williams: I only read about part of it I did get it. I do understand it.

Art Noffsinger: I read it and…do you guys…still got to read it?

Don Williams: Yeah, I’ve read through it but I marked some of it to go back and look at it again.

Art Noffsinger: Okay, okay. I’ll send it back so I can…

Don Williams: Let’s wait until May 10th to get final approval.

Art Noffsinger: That will work.

Don Williams: Is that alright with you Commissioner Mosbey?

Tim Mosbey: That’s fine.

        County Highway

Don Williams: Okay. County Highway do you have anything, Mr. Roach?

Sam Roach: No.

        County Sheriff

Don Williams: County Sheriff do you have anything, Sir?

Sheriff Heilman: No.

Tim Mosbey: Wait a minute is it snowing?

Laughter

Tim Mosbey: He’s not coming to the podium?

Don Williams: It’s not a cold day either.

Tim Mosbey: It’s not a cold day.

        COMMISSIONERS ITEMS FOR DISCUSSION

Commissioner Williams: Mr. Mosbey, do you have some business, Sir?

Commissioner Mosbey: I have nothing.

Commissioner Williams: Let’s see Mr.….Commissioner Noffsinger you had some street names concerning the
Highway 57 area where they put in I-69. There’s some confusion about where these are at. I know Sherri had some
questions. I said “no he’s not changing names these are roads that INDOT created when they put in I-69”.

Commissioner Noffsinger: Right, now if I’m…I sent you, I sent Bobby and the other Commissioners basically some
suggested names that I’ve spoke to the residents in the area. And I asked that this be put on the May 10th Agenda and
that we would notify the residents to let them know that this will be on the May 10th Agenda so that they will have a
chance to respond.
          - 13 -    Warrick County Board of Commissioners Meeting Minutes                       April 26, 2010


Commissioner Williams: Sounds good to me.

Bobby Howard: Our office is working on the letters. It should be mailed out tomorrow. And there are some existing
roads that are getting road name changes on that. I want to make sure everybody’s clear about that.

Commissioner Mosbey: Right.

Commissioner Noffsinger: Right.

Commissioner Williams: How many residents are affected? There weren’t many I know.

Bobby Howard: Well, for the whole stretch of that section of State Road 57 from 68 South to Noble’s Chapel there’s
quite a bit and I don’t have that exact number. There was only the two (2) on Noble’s Chapel and then about four (4) on
the new service road off of 68.

Commissioner Noffsinger: Actually two (2).

Bobby Howard: But the vacant property would be addressed up there.

Commissioner Noffsinger: Oh, you’re right.

Bobby Howard: So we’re sending the vacant property owners the same letter to notify them since it’s their exits.

Commissioner Noffsinger: Okay, I forgot about that. Okay, thank you.

Susie Taylor: Mr. President?

Commissioner Williams: Yes, go ahead.

Susie Taylor: We’ve received information from Auditor Lacer that we need to replenish the Stone Haven Fund one
hundred and eighty four (184). We have the request and receipt for advance for your approval and signatures in the
amount of the advances fifty thousand dollars ($50,000.00).

Commissioner Williams: How much?

Susie Taylor: Fifty thousand dollars ($50,000.00).

Commissioner Williams: I copied the Auditor on that. I would move…what it is, we put money into that line item as the
construction people draw it out so I entertain a motion for fifty thousand ($50,000.00).

Commissioner Mosbey: So moved.

Commissioner Williams: To replace that fund.

Commissioner Noffsinger: Second.

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

Commissioner Mosbey: Aye.

Commissioner Noffsinger: Aye.

Susie Taylor: Thank you.

Commissioner Williams: Motion carries.

Commissioner Noffsinger: Okay, I do have one other item.

Commissioner Williams: Okay.

Commissioner Noffsinger: This is a Highway Department, what I’m going to call a safety issue. We as a County supply
our Highway workers with safety equipment i.e. hard hats, vests, eye protection and they’re all given basically some
guidelines and when they are supposed to wear these safety items.

Sam Roach: My instruction says “make yourself visible anytime that you’re out on the Highway working that you have
on a traffic vest. Make yourself visible and assume that people do not see you.”

Commissioner Noffsinger: Okay and I appreciate that and what I have found through driving around recently was
members of our Highway Department are not utilizing the safety equipment. And my concern is not only do I care about
their safety and the County’s liability, but the residence of this community in a lot of cases can’t see them. So we’re
putting them in harm’s way as well. So I would like to ask the Board that we give the Highway some guidance that says
that, you know, we are providing this safety equipment and if you do not wear it that you get written up and we follow
the same structure that the Highway Department has been using as far as disciplinary actions on your late and absent
guidelines.

Commissioner Williams: I talked to the district three (3) foremen this morning also about that same issue. And he
came in with his so he must have known what the topic was.

Sam Roach: He wears his a lot.

Commissioner Williams: He does, he’s always out there so…
          - 14 -     Warrick County Board of Commissioners Meeting Minutes                         April 26, 2010

Commissioner Noffsinger: I’d request that this Board take an official action.

Commissioner Mosbey: Are there not…there’s things in place that you’re supposed to be…you and the foreman are
supposed to be following presently is there not?

Sam Roach: As far as an official guideline we don’t have an official safety policy. It is my policy and I have, I’ve had
safety meetings on it and encouraged everyone to wear your traffic vest when you are on the job site.

Commissioner Williams: How often do have those safety meetings? Monthly…?

Sam Roach: Every other month.

Commissioner Williams: I would agree with Commissioner Noffsinger we need to more than be casual about safety
especially wearing a vest. And I think our people when they’re on the roadway or on the edge of the roadway they need
to wear their vest and it’s not an option. We can’t let it be an option, it has to be done. And they should be according to
the handbook as far as if they do not follow those guidelines.

Sam Roach: Can we be specific and say “Job Site outside of the Highway Department Garage”?

Commissioner Williams: Right, anytime they are working in the Highway right-of-way they need to have them on.

Sam Roach: Okay.

Commissioner Noffsinger: Yeah, I would agree with that.

Commissioner Mosbey: If they are outside the vehicle.

Commissioner Noffsinger: Right.

Commissioner Williams: Right, if they are outside the vehicle they need to have them on.

Commission Noffsinger: Even if they’re just getting out to check their tire.

Sam Roach: Okay.

Commissioner Mosbey: Okay. I think between Sam talking to the foreman and each of us talking to our own foreman
we can get the word out pretty quick.

Commissioner Williams: I think so. I agree.

Commissioner Mosbey: And let them know there’s going to be discipline for their own good.

Sam Roach: For their own good. Thank you.

Commissioner Williams: Thank you. Anything else, Commissioner Noffsinger?

Commissioner Noffsinger: That’s all.

Commissioner Williams: I have nothing. I entertain a motion, the motion.

Commissioner Mosbey: So move to adjourn.

Commissioner Noffsinger: Second.

Commissioner Williams: Motion made to adjourn and second. We are adjourned.


                                                             WARRICK COUNTY BOARD OF COMMISSIONERS


                                                             ____________________________________
                                                             DON WILLIAMS, PRESIDENT


                                                             ____________________________________
                                                             ARTHUR NOFFSINGER, VICE PRESIDENT


                                                             ____________________________________
                                                             TIM MOSBEY, MEMBER


ATTEST:

____________________________________
LAWRENCE C. LACER, AUDITOR
WARRICK COUNTY, INDIANA

								
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