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					WARRICK COUNTY COMMISSIONERS MEETING REGULAR SESSION COMMISSIONERS MEETING ROOM 107 W. Locust Street Boonville, Indiana March 12, 2008 4:00 P.M.

The Warrick County Commissioners met in executive session with Don Williams, President; Phil Baxter, Vice-President, and Nova Conner, Member. Also present Sheriff Marvin Heilman, Highway Engineer Bobby Howard, Attorney Tyler Engar, Area Plan Executive Director Sherri Rector, County Administrator Roger Emmons, and Auditor’s Secretary Sonya Addington. President Don Williams called the meeting to order. Auditor Secretary, Sonya Addington recorded the minutes. PLEDGE OF ALLEGIANCE Warrick County Courts ~ Proposed Ordinance Imposing $5.00 Fee on All Felony and Misdemeanor Cases Don Williams: We’re going to change things around on the agenda and allow Judge Meier to present his business first this evening. He has another meeting that he has to attend. Keith Meier: I have prepared an ordinance tonight to impose an increase of five dollars ($5.00) on all felony and misdemeanor cases that are filed with the county. Don Williams: Any questions from the board? Hearing none, I will entertain a motion. Nova Conner: I will make a motion to approve the five dollars ($5.00) fee on all felony and misdemeanor cases. Phil Baxter: Second. Don Williams: Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. We will need an ordinance number. Sonya Addington: 2008-04. Don Williams: I will entertain a motion to approve Ordinance 2008-04. Nova Conner: I make a motion to approve Ordinance 2008-04. Phil Baxter: Second. Don Williams: Motion made and second to approve Ordinance 2008-04 to increase the fees for felony and misdemeanor cases filed with the county. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. Keith Meier: Thank you. Don Williams: Thank you. Now, we will go back to the agenda. Sherri? Area Plan Commission Business REZONING PETITIONS: PC-R-08-01 Petition of Delta Properties, LLC by Evan Beck Owner: Martha L. Grimm Revocable Trust, Daniel & Karen Grimm and David Ellerbusch & Mary Bischoff to rezone 8.89 acres located on the South side of SR 66 approximately 327.51 feet East of the intersection formed by Grimm Rd. and SR 66 and approximately 294.77 feet East of the intersection formed by Grimm Rd. and Rabbit Run Dr., Ohio Twp., from “A” Agriculture to “R-O” Residential Office. A recommendation of approval February 13, 2008 Area Plan Commission meeting. (temporary recording difficulties…) Sherri Rector: When those were submitted we checked them to make sure that they meet the exhibits and plat. Don Williams: I don’t have a problem with it. I just haven’t seen it before. Okay. Go ahead ma’am. I didn’t mean to interrupt, I was just confused. Krista Lockyear: That’s quite alright. For the record my name is Krista Lockyear. I’m representing the petitioner Delta Properties, LLC. Commissioners, Evan Beck gives his regrets that he could not be here. He generally handles this

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himself, and got pulled out of town on something that he could not miss. So, I’m here in his place. I think this zoning it is confusing. There are three (3) contiguous long parcels. Last month, you approved the rezoning to “C-4” with a Use and Development of maybe if you will the upper third of those three (3) rectangular parcels to “C-4” which abuts along the highway. We have for the “R-O” identified what looks like the parameter of the three (3) parcels that’s adjacent to residential and rather than going “C-4” with the Use and Development Commitment on those, felt that it would be much more palatable to any of the residences, as a matter of fact Mr. Beck lives in the residences to the south, if we did “R-O” for the development. There are no end users for this property at this time, but I believe if you are familiar with the Woodward Development they tend to do the up scale office parks and that’s the plan for both of these rezoning. Jim Morley, Jr. is here with me. He is the one that prepared the legals and the plats and he can answer any technical questions and I’d be able to answer any legal questions. But, I think as Plan Commission recognizes this plat or this request does comply with your Comprehensive Plan. To date we haven’t heard from any remonstrators; I’m sure you’ll ask, but it appears to be a very good zoning for Warrick County and we would ask for your approval. Don Williams: Thank you. Are there any questions from the board? Phil Baxter: No. Don Williams: Okay. I would ask are there any remonstrators; anybody to speak for or against the proposed rezoning? Hearing none, I’ll entertain a motion. Phil Baxter: I move to approve PC-R-08-01. Nova Conner: Second. Don Williams: Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries.

WARRICK COUNTY BOARD OF COMMISSIONERS ORDINANCE 2008-04 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF WARRICK COUNTY, INDIANA, IMPOSING A FIVE DOLLAR ($5.00) FEE ON ALL MISDEMEANOR AND FELONY CASES WHEREAS, the Warrick Superior Court No. 1 conducts the Warrick County Alcohol and Drug Services Programs (CSAPS); and WHEREAS, the Alcohol and Drug Services Programs provide benefits to Warrick County through its goal of rehabilitation rather than incarceration; and WHEREAS, the current funding for the Alcohol and Drug Services Programs is inadequate without the imposition of an additional fee to be assessed and collected on all misdemeanor and felony cases as set forth below: IT IS THEREFORE ORDAINED BY THE BOARD OF COMMISSIONRES OF WARRICK COUNTY, INDIANA, AS FOLLOWS: SECTION 1: The Board of Commissioners of Warrick County, pursuant to the Indiana Home Rule Act and other authority, now sets an additional fee of five dollars ($5.00) which shall be added as a part of the costs in all cases involving violations of felonies or misdemeanors filed in any Circuit or Superior Court of Warrick County, Indiana. SECTION 2: The Clerk of the Warrick Circuit and Superior Courts shall assess and collect the five dollar ($5.00) fee, in addition to other statutory fees, and shall deposit the fee in the Alcohol and Drug Services Programs fund. SECTION 3: This ordinance shall become effective upon passage and publication. IT IS SO ORDAINED. Date this 12th day of March, 2008, by the Board of Commissioners of Warrick County, Indiana. BOARD OF COMMISSIONERS OF WARRICK COUNTY, INDIANA

__________________________ Don Williams, President __________________________ Phillip H. Baxter, Vice-President _________________________ Nova Conner, Member

ATTEST: _________________________ Lawrence C. Lacer, Auditor Warrick County, Indiana

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PC-R-08-02 Petition of Delta Properties, LLC by Evan Beck Owner: Martha L. Grimm Revocable Trust, Daniel & Karen Grimm and David Ellerbusch & Mary Bischoff to rezone 8.5 acres located on the South side of SR 66 approximately 327.51 feet East of the intersection formed by Grimm Rd. and SR 66 and approximately 294.77 feet East of the intersection formed by Grimm Rd. and Rabbit Run Dr., Ohio Twp., from “A” Agriculture to “C-4” General Commercial. A recommendation of approval February 13, 2008 Area Plan Commission meeting. Sherri Rector: Next is PC-R-08-02, is the same petitioners, same owners, it is 8.5 acres located as we discussed a few minutes ago and this is from “A” Agriculture to “C-4” General Commercial. It also was recommendation of approval by the Area Plan Commission at their February 13th meeting. This also has a Use and Development Commitment with it that’ll eliminate some of the uses allowed in the “C-4” that was with the other zoning that you approved last month and across the street in that zoning. Don Williams: Good. So, both of zonings will be in agreement? Sherri Rector: Yes. Don Williams: Okay. Any questions from the board? Nova Conner: None. Phil Baxter: None. Don Williams: Ms. Lockyear, do you have any questions? Krista Lockyear: I don’t. For the record I will just incorporate all of my previous comments. Don Williams: Again, I would ask if there are any remonstrators against this rezoning. Hearing none, I’ll entertain a motion. Phil Baxter: I move to approve PC-R-08-02. Nova Conner: Second. Don Williams: Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. Krista Lockyear: Thank you. STREET CONSTRUCTION PLANS: PP-08-01 – PIPER RIDGE SUBDIVISION by Catherine Scheller 3.08 acres located on the north side of Lakevale Estates Sec. B Subdivision approximately 230 feet north of the intersection formed by Prairie Dr. and Pfafflin Lake Blvd., Ohio Twp. Continued from February 13, 2008 meeting. Sherri Rector: The next item is street construction plans primary plat PP-08-01 Piper Ridge Subdivision by Catherine Scheller. Do you want me to go ahead and read the description? Don Williams: No. This was not passed by the Drainage Board and we never act on the road plans…the street plans until the Drainage Board has acted, so I’ll entertain a motion to table. Nova Conner: I make a motion that we table this. Don Williams: Okay. Do I have a second? Phil Baxter: Second. Don Williams: Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. Sherri Rector: Is this tabled until which meeting? Don Williams: Which meeting? Sherri Rector: In two (2) weeks? Don Williams: I would like to remind the board that Wednesday is Road School and I will be in attendance to that by statute. Sherri Rector: Okay.

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SIDEWALK WAIVER REQUEST: PP-08-01 – PIPER RIDGE SUBDIVISION by Catherine Scheller 3.08 acres located on the north side of Lakevale Estates Sec. B Subdivision approximately 230 feet north of the intersection formed by Prairie Dr. and Pfafflin Lake Blvd., Ohio Twp. Requesting the sidewalks to be waived on the east side of Prairie Dr. and on the south side of Piper Ct. Sidewalks will be constructed along the frontage of the five lots that are part of the subdivision. Sherri Rector: Then the next “C” is sidewalk waiver request; same subdivision so I assume you want to table it? Nova Conner: Motion to table. Phil Baxter: And that will be for April? Sherri Rector: April 26th. Phil Baxter: April 9th. Don Williams: No. This is still Piper Ridge. Sherri Rector: Right. It’s still the same one. Phil Baxter: Oh, okay. Don Williams: So, that’ll be 3/26 also; is that the motion? Do I have a second? Phil Baxter: Second. Don Williams: Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. Thank you. STREET CONSTRUCTION PLANS CONT: PP-08-02 – WARRICK COUNTY INDUSTRIAL PARK SEC. 2C by Warrick County Redevelopment Commission, Tony Aylsworth, Pres. A replat of lots 16 & 17 of Warrick County Industrial Park Sec. 2A as recorded in Doc. # 2002R010302 in the office of the Warrick Co. Recorder and lot 2 in Warrick County Industrial Park Sec. 2B as recorded in Doc. #2007R-011165 in the Office of the Warrick Co. Recorder. 21.73 acres located on the west side of American Way approximately 330’ south of the intersection formed by American Way and Warrick Dr., Boon Twp. Requesting no additional improvements to Warrick Dr. or American Way. Don Williams: Street construction plans? Sherri Rector: Okay primary plat 08-02 Warrick County Industrial Park Section 2C by Warrick County Redevelopment Commission, Tony Aylsworth, President. They area requesting no additional improvements to Warrick Drive or American Way; it is a two (2) lot proposed subdivision. Don Williams: Do you have anything you’d like to say sir? Lee McClellan: Lee McClellan with Morley and Associates, 230 2 nd Street, Henderson, Kentucky. Don Williams: Any questions from the board? Phil Baxter: None. Nova Conner: No. Don Williams: I will entertain a motion. Nova Conner: I make a motion that we approve PP-08-02. Don Williams: Do I have a second? Phil Baxter: Second. Don Williams: Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. Lee McClellan: Thank you. PP-08-03 – HILLVIEW SUBDIVISION PHASE II by Brian P. Meyer A replat of lot 11 in Hillview Subdivision as recorded in Plat Book 4 Page 450 in the Office of the Warrick Co. Recorder and part of Ohio 26-6-9. 2.18 acres located at the

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southwest end of Lenn Ln. approximately 1000’ west of the intersection formed by Lenn Ln. and Lenn Rd. (W 725), Ohio Twp. Requesting no additional improvements to Lenn Ln. Sherri Rector: Next is primary plat 08-03 Hillview Subdivision Phase II by Brian Meyer. I believe this was also continued. Don Williams: It was to April 8th. That’s April 9th. Phil Baxter: I move to table PP-08-03 to April 8th. Sherri Rector: 9th. Phil Baxter: 9th. Nova Conner: Second. Don Williams: Motion made and second to table until April 9 th. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. Thank you. PP-08-04 – AMENDED PARADISE GARDENS SUBDIVISION by Donald R. Lewis. OWNERS: Donald R. Lewis and Lewis & Lewis, Donald R. Lewis Pres. 22.47 acres located on the south side of Oak Grove Rd. approximately 858’ west of the intersection formed by Oak Grove Rd. (S 300) and Anderson Rd. (W 600), Ohio Twp. Requesting no additional improvements to Oak Grove Rd. Sherri Rector: Primary plat 08-04 amended Paradise Gardens Subdivision by Donald Lewis. They are requesting no additional improvements to Oak Grove Road and I believe they also have a new Certificate of Compliance that they’ve submitted and Bobby would have to comment on that. Bobby Howard: They added a section of street from the original, approved plans from December, 2006 and they changed some of the grades of the street, but we have reviewed the plans and all of the changes have been made has requested and would recommend approval at this time. Don Williams: Would you introduce yourself sir? Bill Bivins: Bill Bivins, Engineer. Don Williams: Do you have anything you’d like to add? Bill Bivins: No sir. Don Williams: Are there any questions from this board? Nova Conner: No. Phil Baxter: None. Don Williams: I will entertain a motion. Nova Conner: I make a motion that we approve PP-08-04. Phil Baxter: Second. Don Williams: Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. Thank you. Bill Bivins: Thank you. PP-07-14 – AMENDED BELLMOORE LANDING SUBDIVISION located on the northwest corner of SR 66 and Bell Rd. Requesting to amend street plan approval conditions by Les Shively, Attorney for Wal-Mart. Sherri Rector: The next item is primary plat 07-14 amended Bellmoore Landing Subdivision located at the North West corner of State Road 66 and Bell Road. They are requesting to amend street plan approval conditions. The request is by Les Shively, Attorney for Wal-Mart and they have also submitted a new Certificate of Compliance with items that Mr. Howard has requested from your previous approval and he could speak on that too. Don Williams: Mr. Shively would you introduce yourself? Les Shively: President and Board of Commissioners my name is Les Shively, representing Wal-Mart. I want to make it clear that Wal-Mart is not yet owner of this property so also today in the back is Mr. DeLucio, and Mr. Moore, and their broker representative so we do have representatives of the actual applicant for the plat. So, I want to make clear that the request here is by Wal-Mart and let me sort of put it in context. As I have indicated this deal is not yet closed. There are some contingencies that have to be satisfied and in examination of this project Wal-Mart is requesting, I guess what I call

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“clarification” on the conditions for their Certificate of Occupancy of this facility. And what they are wanting clarified by the Commissioners, and again, I’ve had some preliminary, informal discussions with Mr. Howard and with Mrs. Rector what we are requesting at the point in time, of course Wal-Mart would have to acquire title of this property in order to do that, but at the point in time that the improvements to Bell Road that are being required are completed. The traffic control signal pursuant to the specifications from the state, as well as the county, at the point in time in which the might I say the eastern half of Highpointe Drive, their access road that goes all of the way to their west property line is completed. Their building is up and all of the infrastructure is in place. Drainage improvements, sewer connections are made, everything is done and the building is there; we want to be able to get our Certificate of Occupancy at that point. In other words, we want to keep our half separate from the remaining sections that are being developed and I think this make sense. And this is something that’s very important to Wal-Mart to be able to go forward and complete this project and build this a hundred and eighty nine thousand (189,000) square foot building. So, I will be more than happy to answer any questions. I think Mr. Howard maybe has some input with regard to the INDOT materials. And again, we have representatives White Engineering, the Project Engineer for Wal-Mart here to answer any questions you might have. Don Williams: Does Wal-Mart engineers have anything they’d like to tell us? Okay, Bobby, your input please. Bobby Howard: So, I believe the original approval was contingent upon both the east Bell Road improvements and the west Libbert Road improvements to be completed. Les Shively: That’s correct. Bobby Howard: So, you are requesting a relaxation of the Libbert Road improvements on your plat. Les Shively: Right. That’s correct. Bobby Howard: I assume that the original developer would request the Bell Road improvements to be relaxed? Les Shively: Mr. DeLucio for the record is nodding his head in the affirmative. And Mr. Howard you’ll recall too that the proposed building which we showed you is oriented towards in such a way the only conflict, the access, from Bell Road when everything is done in that area there will be a through road there, but this store is set up for the access at Bell Road; is that right gentlemen? Unknown: Correct. Les Shively: Okay. Don Williams: Now, you are saying the developer has no problem with this? Les Shively: Right. As long it’s a reciprocal situation. Don Williams: Okay. I would like the developer for the purpose of record come up and state that. Marco DeLucio: My name is Marco DeLucio. I represent Moore Holding Group, the owner of the property and you understand Mr. Shively’s remarks are correct. We’re kind of looking at this as two (2) separate projects now with Wal-Mart acquiring the east half and Moore Holding owning the west half; and as we understand it when Wal-Mart completes the required improvements on the east half of the property that they would be entitled to Certificate of Occupancy. When Moore Holding completes its required improvements on the west half of the property, it would be entitled to get certificates of occupancy for that half of the property so that each side is developing is separately. Don Williams: So, you don’t have any problem with this? Marco DeLucio: We have no problem with their request. Don Williams: Thank you sir. Marco DeLucio: Thank you. Don Williams: Is there any questions from the board? Just a second, I’ll get you in a moment. Phil Baxter: I have none. Don Williams: Okay. Mr. Gaston, do you have something you’d like to say sir? Gilbert Gaston: Gilbert Gaston, 8544 Greywing, Newburgh. I hope that the board looks at this at a good situation that the entrance on thing is put in before that building gets started and we’ve been driving up and down Bell Road with barrels on this things for probably six (6) months or longer now that they haven’t…they’ve just partially completed it. And the entrance into this property they have filled it in with dirt two (2) or three (3) times and it has washed out that many times. They are losing a lot of dirt into the ditches that’s going around there. So, I would like for the board to make sure this entrance is put in so that they can use it for construction rather than wait until the building is put up and then try to finish it up before they get the building stopped. Thank you. Don Williams: Thank you sir for your input. Anyone else? What is the will of the board? Tyler Engar: May I say something real quick? Don Williams: Sure. Tyler Engar: But, it is my understanding that the requirements, the INDOT requirements, have to be met before the secondary plat can be recorded. Bobby Howard: No. It’s the Certificate of Occupancy.

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Tyler Engar: Okay. That might be the case then if it’s just the Certificate of Occupancy… Don Williams: INDOT requires that the signal and everything be synchronized with the 66 and Bell Road. That has to be… Bobby Howard: That is in their signal plan. They’ve also submitted Signal Agreement which I believe Doug is in the process of reviewing that’ll also need to be brought before the board for signature. Les Shively: When do you anticipate that being brought before the board for signature? Bobby Howard: There’s a few minor amendments I believe that Doug has not completed as of yet, but I assume that would be happening in the next week or so. Les Shively: Okay. So, then officially it has to be done in a public meeting? Bobby Howard: Yeah. There’s a possibility that it can make it to the 16 th, depending on Doug’s review. Les Shively: Thank you. Don Williams: Okay, anything else? Okay. What is the will of the board? Phil Baxter: I move to approve PP-07-14. Nova Conner: Second. Don Williams: Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. Thank you. REQUEST FOR EXTENSION & REDUCTION OF LETTER OF CREDIT: ENGELBRECHT PLACE SECTION 2 PHASE 1 by Engelbrecht Development, LLC, William Engelbrecht, Member. Requesting a two year extension and reduction in the dollar amount from $119,628.00 to $114,726.00 (streets, sidewalks & storm sewer). LOC expires 4/30/08. Had LOC for 3 years. Sherri Rector: Next is a request for extension and reduction of Letter of Credit Englebrecht Place 2 Phase 1 by Engelbrecht Development, LLC. They are requesting a two (2) year extension and reduction in the dollar amount from $119,628.00 to $114,726.00 for street, sidewalks and storm sewers. Their Letter of Credit expires April 30, 2008. They have Letters of Credit for three (3) years. They are within their allowed time in the Subdivision Control Ordinance and Mr. Howard has reviewed the dollar amounts. Don Williams: Mr. Morley, do you have anything you’d like to say sir? Jim Morley, Jr.: Just answer any questions if you have any. Don Williams: Let the record show that Mr. James Morley, Jr. is here representing the client. Mr. Howard, your input are the dollars right? Bobby Howard: The dollar amounts are sufficient. I recommend approval. Don Williams: I’ll entertain a motion if there are no questions. Phil Baxter: I move to approve the request from Engelbrecht Development. Nova Conner: Second. Don Williams: Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. Jim Morley, Jr.: Thank you. ENGELBRECHT PLACE SECTION 2 PHASE 2 by Engelbrecht Development, LLC, William Engelbrecht, Member Requesting a two year extension and reduction in the dollar amount from $100,782.24 to $83,257.00. (streets, sidewalks & storm sewer). LOC expires 5/15/08. Had Letter of Credit for 2 years. Sherri Rector: Engelbrecht Place Section 2 Phase 2; they are also requesting a two (2) year extension and reduction in the dollar amount from $100,782.24 to $83,257.00 for streets, sidewalks and storm sewers. The Letter of Credit expires May 15th. They had Letters of Credit for two (2) years. They are also within their time period and Bobby has reviewed these dollar amounts. Don Williams: Mr. Howard?

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Bobby Howard: The dollar amounts are sufficient and I would recommend approval. Don Williams: Okay, any questions from the board? I will entertain a motion. Nova Conner: I make a motion to approve the request for extension and reduction in Engelbrecht Place Section 2 Phase 2.

Don Williams: Do I have a second? Phil Baxter: Second. Don Williams: Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. Jim Morley, Jr.: Thank you. Don Williams: Thank you sir. Sherri Rector: That’s all I have. Thank you. Don Williams: Thank you. ITEMS FOR DISCUSSION Gery Yelleg, Corradino Group ~ Discuss Limited Use Agreement re the County’s GIS Data Don Williams: Let’s go on now to Mr. Gery Yelleg with the Corradino Group. Gery Yelleg: Good afternoon. Don Williams: State your name. Gery Yelleg: Gery Yelleg with the Corradino Group. What we are requesting I guess is the GIS information that you might have for the State Road 61 bypass corridor if you can make that available that we can use in our mapping for our plans that we’re doing for INDOT. Don Williams: Do you want a hard copy or electronic? Gery Yelleg: If you have electronic. Don Williams: My next question would be what layers are you specifically looking for? Gery Yelleg: We have a form filled out. I think we’re really interested in… Don Williams: Okay. I read that too, I just don’t remember. Gery Yelleg: Oh, I think mostly the parcel lines so we can get the property lines on the mapping that we’re doing. Don Williams: I don’t have a problem. It serves the community. It serves the citizens of the county. There will be no cost to the county in doing this I’m assuming? Gery Yelleg: That’s correct. Don Williams: Okay. Are there any questions from the board? Nova Conner: No. Phil Baxter: None. Don Williams: Okay. I’ll entertain a motion then. Phil Baxter: I move to approve the request from the Corradino Group. Nova Conner: Second. Don Williams: Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. Thanks for being here. Roger Emmons: I’ve got an original here. I’ll have them sign it and I’ll get it to you.

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Robert DiNardo, VP/ Gen. Mgr., WOW! Internet-Cable-Phone ~ Discuss Franchise Fee Don Williams: Roger, next we have Robert DiNardo. Roger Emmons: Mr. DiNardo, Nova commented earlier today that he did not have to come. I don’t think they completed their discussions. Nova Conner: Yes, we did complete it and there was really no change except he was saying…his one concern was you know I was expressing that we really felt like the taxpayer needed to be reimbursed for the percentage that they paid and he was concerned that later on when all of the sudden that’s not on their, you know that fee is not on there, what’s going to happen? People are going like, “Why is this fee added?” And the only thing what I have not asked him is I wondered if there could be some type of a credit so they understand where that is coming from so there might not be that many questions later on. But, as far as the way we’re doing it and the amount we were paying, I went back and looked, and talked to him and that would be the same. Don Williams: So, it’s just a matter of trying to get something on the taxpayers’ bills so they understand the reduction is from the… Nova Conner: Is from the county. Don Williams: Okay. Do we need to table this then or put it on the schedule when it’s ready? Nova Conner: I don’t think so. Don Williams: Okay. I’ll entertain a motion to remove it from the agenda. I’ll make that motion to remove from the agenda. Do I have a second? Phil Baxter: Second. Don Williams: Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. Thank you. Extension Contractual Services Agreement between Purdue University and Government of Warrick County, Indiana Roger Emmons: This is the annual Extension Contractual Services Agreement between the County and Purdue University. Basically, it provides financial support for 4-H Youth Development Leadership, community development, agricultural and natural resources, and consumer and family sciences and this is the standard agreement the county has executed for as long as I’ve been with the county; that’s a long time. It provides for three (3) Extension Educators; there are three (3) different appropriation numbers, the amounts are all thirty two thousand three hundred and five dollars ($32,305.00) and the total is ninety six thousand nine hundred and fifteen dollars ($96,915.00) and this is for the entire calendar year 2008. Don Williams: Any questions from the board? Nova Conner: No. Phil Baxter: No. Don Williams: What is your pleasure? Phil Baxter: I move to approve the Extension Contract with Purdue University. Nova Conner: Second. Don Williams: Motion made and second. All in favor? Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. Thank you. Request to Close Triple Crown Drive 3/22/08 for Annual Easter egg Hunt Roger Emmons: The request to close Triple Crown Drive ERA First Advantage Realty sent this to Sheriff Heilman and he forwarded it onto us. They want…it’s the street closing for their annual Easter egg hunt. The date of the event is Saturday, March 22nd. The time if from 11:00 A.M. until 2:00 P.M. for Triple Crown Drive from the corner of Highway 66 to the corner of Ruffian Lane to be closed to automobile traffic. Don Williams: This is an annual event if I recall. Roger Emmons: Yeah, it’s gone back several years. Don Williams: Is there anybody here from ERA? Okay. I don’t know if that’s necessary to be honest with you. Okay, any questions from the board?

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Warrick County Board of Commissioners Meeting Minutes

March 12, 2008

Don Williams: What is your pleasure? Phil Baxter: I move to approve. Nova Conner: Second. Don Williams: Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. Request for FMLA Roger Emmons: The next item is request for Family and Medical Leave Act; and all of the required documentation has been received. If you approve this and I would recommend that you do since everything is in order, the current request would end on July 20th of this year and this employee would be eligible to re-apply for another twelve (12) weeks of leave the very next day because the FMLA goes back to the very first time you ever use it. That starts your rolling twelve (12) month period. Within that twelve (12) month period you can take up to twelve (12) weeks of leave for medical purposes and this employee has met the documentation requirements. Nova Conner: So, she’s taken the twelve (12) then she wants to take the other twelve (12) weeks? Roger Emmons: No. I’m just saying that if you approve this, it will expire on July 20 th. Nova Conner: Okay. Roger Emmons: Then she would have to re-apply for another twelve (12) weeks if she needed that. Don Williams: Any other questions from the board? Phil Baxter: None. Nova Conner: No. Don Williams: Okay. I will entertain a motion. Phil Baxter: I move to approve the request for FMLA. Nova Conner: Second. Don Williams: Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. Thank you. Mr. Administrator, you are up. ADMINISTRATOR Stonehaven Area Sewer Roger Emmons: Regarding the Stonehaven Area Sewer, I know that our attorney, Doug Welp, and George Day with Old National Bank, they’ve been kind of playing phone tag as far as working on the lease purchase agreement. They’ve both requested an in-person conference to discuss several issues; mainly how to collateralize the lease purchase financing and it is set for Tuesday, March 18th at 1:30 P.M. I have asked Doug, I don’t know if Tyler has seen this or not, I basically asked if that’s a meeting that more than one (1) Commissioner can attend. You know I’m sure Doug would probably advise that it would be best for only one (1) Commissioner to attend. Don Williams: There would be no business conducted at that meeting; it is just information. Since we’re all three (3) Republican, we could caucus that meeting. I don’t think there would be a problem with that. Roger Emmons: That’s true. Don Williams: So, we’re look at that. Correct me if I am wrong or have Doug correct me. Tyler Engar: I will have Doug correct you if you are wrong. Don Williams: As long as we don’t vote or take any action we can figure out how we stand as Republicans on any issue. Roger Emmons: At this point, we’re looking at providing a security interest to Old National Bank basically as collateral on the loan, the lease purchase, whatever that document ends up being called; and our Highway Superintendent put together a listing of all of the highway equipment and some of that equipment is still being paid for off of another lease purchase agreement. I faxed that down to Mr. Day and all of those items are not paid for they were marked as such. So, he got that. In addition, I sent him a copy of our Statement of Values that goes with our liability and property and casualty insurance so

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that’s a possibility although Attorney Welp advises against using real property as collateral. He feels it would be better to use the equipment. But that is what the discussion Tuesday is for to talk about that. In addition, I got an email. Our Administrative Assistant got a call from Mayor Hendrickson. They are having a meeting next Wednesday at 5:00 at City Hall regarding Stonehaven. I mean we got a meeting at 4:00, so they basically want to extend an invitation for any of the Commissioner, or myself to attend or whoever we want to send. Nova Conner: That’s at 5:00? Roger Emmons: That’s at 5:00 at Boonville City Hall. Don Williams: Next Wednesday? Roger Emmons: Yes, next Wednesday. Don Williams: If we keep the agenda short that shouldn’t be a problem. Roger Emmons: You should be able to. Don Williams: Oh, you can make it. Roger Emmons: That’s all I have relative to Stonehaven. Don Williams: Okay. Building Inspector Roger Emmons: I do have a couple of other items if I may? These things didn’t get on the agenda because we had already set the agenda, but I think you probably want to perhaps today discuss the possibility of selecting a new building inspector.

Don Williams: Right. We do need to do that. Mr. Blair has tendered a resignation so his contract is payable up through…effective March 1st. Contractually for sixty (60) days he will keep on doing the job. I personally feel we need to bring somebody else to get some continuity. We don’t need to do it like last time. I have personally, myself, talked to Mr. Lockhart as a possibility. I think Nova has; I don’t know if Phil has talked to him or not. Phil Baxter: Huh-um. Don Williams: You have also; okay all of us have talked to him independently. So, I feel comfortable with Mr. Lockhart taking over those responsibilities, but I would like to open that for discussion. If there is anybody else who has comments or if you feel comfortable with it the other two (2) Commissioners then I would entertain a motion that we select him as our new building commissioner and inspector. Along with that would be the zoning inspections also, which I know I didn’t talk to Mr. Lockhart about when I talked to him. I didn’t think much of it. I think basically that entails when the Area Plan has a zoning complaint you go out and take pictures of the complaint; you don’t have to make any decisions, I don’t think. I think their board does that. Phil Baxter: Yes. Nova Conner: I had emailed Roger and said, “Will we, after we approve this in terms of the contract, can we get together in terms of Peggy and Sherri that could be in on that in terms of they would understand or he would understand the interaction between those departments?” Don Williams: Yeah. Nova Conner: Can that be…? Don Williams: Sure. Nova Conner: Afterwards? Don Williams: Are there any questions? If not, I will entertain a motion on that item. Nova Conner: I make a motion that we approve James Lockhart for our new building inspector. Don Williams: Okay. Do I have a second? Phil Baxter: Second. Don Williams: Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. So, that being done, I would like to thank Mr. Blair for his services over this past year. If you would like to say something, please…I thought maybe you had a check in your hand there. Greg Blair: I’m Greg Blair, the present now former inspector and building commissioner. I’d just like to thank the Commissioners for the opportunity to represent Warrick County. It’s been both a privilege and an honor to interact with each of you and to represent the County. And I have spoke with Mr. Lockhart pending your approval and we will work together over the next few days. He is going to ride and we will make sure it’s a smooth transition.

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Don Williams: Okay. I appreciate that very much. Phil Baxter: Thank you Greg. Nova Conner: Thank you. Don Williams: With that, unless the other Commissioners have something, I would say that when you’re ready to make the transition please inform Roger and he’ll inform the board members and then we will set a start date. In the mean time, you need to meet with Roger because we have to develop a contract and make sure it’s up to snuff and you understand it. Okay? Thank you very much Greg for doing that. I appreciate it. County Treasurer – PayGov Roger Emmons: Real quickly and I don’t think you can probably act on it today but Treasurer, Charlie Christmas, brought a sample contract for a company called “PayGov” and it has to do with a company that will handle the transactions for when property owners use plastic basically to pay their property taxes. It is at no-cost to the county. Don Williams: Why don’t you explain that Charlie to us? Charles Christmas: Okay. Don Williams: Tell us who you are. Charles Christmas: I’m sorry. Charles Christmas, County Treasurer. Several years ago we came before the board with the possibility of having credit card payments by a local individual and they had a contract about twenty (20) pages long. And we gave it to Doug and he came back and his highlighter was working very good on it and they were very good points that he brought up. So, this gentleman told us that he would revamp it and he would get back with it and I’ve contacted him three (3) times after that. He never bothered to get back. So, I just dropped it. Last week, at the Treasurer’s Conference, I ran into this organization here and they are doing business in Indiana. They handle debit cards, credit cards, American Express, MasterCard; all of the major cards they handle them. It is no-cost to the County. It’s a one (1) page contract, right straight to the point and it cost the County no money whatsoever. The sliding scale of what the rates are, which is charged to the client, based on how much they charge or withdraw. I would like…they would like to come down and talk to us and explain their program and I would like to be able to have, at the Commissioners’ convenience whenever it would be convenient for them to meet with the Commissioners just an informational type meeting… Don Williams: Are you talking a five (5) minute presentation? What? Charles Christmas: Just to tell us what they do and how they do it and what it’s good for. I would like for the attorney to give us his legal opinion on this piece of paper before we bring them down. So, at your convenience, if you’d like to meet with them then they’ll come down. Don Williams: The only way the three (3) of us can meet with them is have them come to a meeting. Charles Christmas: Just a cup of coffee and have a meeting you know. Don Williams: Well, I’m talking about a public meeting. Charles Christmas: Yeah, it could be a public meeting. That’s no problem. Don Williams: So, right now you’re just wanting us to have Doug look at the contract? Charles Christmas: I’d like for Doug to look at the contract and see if he sees any problems and we can address that before they ever come down. Nova Conner: I have some questions in terms of what they are charging the card holder you know the percent… Charles Christmas: It’s a percentage. Nova Conner: Yeah and 3% of the… Charles Christmas: The people that we do business with right now it isn’t a percentage; it’s a flat fee on each increment and it gets very, very expensive. This is cheap. Don Williams: Let’s look at the contract and then we’ll schedule them in. Charles Christmas: Okay. Thank you. Don Williams: I will entertain a motion to approve the Treasurer’s request for our attorney to review the contract with PayGov. Phil Baxter: So moved. Nova Conner: Second. Don Williams: Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. Thank you. Okay.

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Revenue Bonds 1985 Series “A” Pollution Control Bonds SIGECO Roger Emmons: The next item has to do with revenue bonds, 1985 Series “A” Pollution Control Bonds SIGECO. I copied you on an email that Auditor Lacer and I received from Doug Welp. It had some attachments and put simply SIGECO is electing to exercise its rights under a certain section of the indenture of trusts to remove Goldman, Sachs & Company as the initial remarketing agent for the bonds and to appoint Wachovia Bank as the successor remarketing agent. Per Doug’s March 10th letter, “As the issuer of the bonds, I recommend that the Board of Commissioner authorize Larry Lacer as Auditor to sign the February 28, 2008 letter under Schedule 1.” And that letter was… Don Williams: In other words, they are changing financial institutions. Roger Emmons: Yes, that’s all they are doing. Don Williams: Okay. Any questions from the board? If not, I’ll entertain a motion. Tyler Engar: I should add… Don Williams: Yes. Tyler Engar: Next week, you may get the same issue come up. They are going to change from Wachovia to Edward Jones.

Don Williams: Well, why do we need to approve this then? Tyler Engar: Well, because it’s part of a plan that they have to…they are going to move the bonds from one location to another. I mean right now they are in a place that’s not…the interest rates are not returning like they would want them to and they are going to take it from where they are currently to daily bonds and then they are going to actually use that Wachovia transition to then go into the Edward Jones transition. But, it will come up next week as well, just giving you a heads up. It’s just part of the plan. It’s not anything that’s going to cause any difficulties. Don Williams: So, you’re saying there are legal hoops that have to be stepped through for this to happen? Tyler Engar: Not necessarily legal hoops, but its part of their plan; that’s what they are going to do. Don Williams: Okay. Tyler Engar: But, they still would need Larry Lacer’s signature on the waiver. Don Williams: Okay. I will entertain a motion on Larry signing the 2/28 letter and approving the request. Phil Baxter: I move we approve Larry Lacer as the Auditor to sign the letter and the Schedule 1. Nova Conner: Second. Don Williams: Okay. Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. That’s all we needed to do; right Counselor? Tyler Engar: Yes. Don Williams: Roger? Assessor Website Roger Emmons: I gave you some information from Assessor Angela Wilder, regarding her new website and I don’t know if it’s something you want to discuss today or wait until next week? Don Williams: I’d like to wait. Roger Emmons: You may want to wait for Doug’s input; nothing against Tyler. Nova Conner: Right. Tyler Engar: That’s fine. Roger Emmons: I’ll put that on next week’s agenda then. Don Williams: Okay. County Health Clinic Roger Emmons: The draft letter and confidentiality agreement to Mr. Wilson, I’d copied you on information regarding that, as well as a revised cover letter; and I’d also sent it down to Doug to review the draft confidentiality agreement but at this point, I need at least one (1) more Commissioner that would approve. Don Williams: Reviewing the draft confidentiality agreement?

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Roger Emmons: No, for this to be sent to Mr. Wilson for his consideration. Don Williams: Has he signed the confidentiality agreement yet? Roger Emmons: No, we haven’t submitted it. I’ve only got one (1) Commissioner to tell me to do this. I need at least two (2). Don Williams: All right. Get Doug’s approval and when Mr. Wilson signs it then we’ll consider sending him the information. Roger Emmons: Well… Don Williams: I mean that is the procedure is it not; or would be? Roger Emmons: I mean right now you know we need for Doug to tell us that the draft confidentiality agreement meets legal requirements and you know once we get an answer out of that then that’s when I would send it to him and return; and then that automatically puts him in the loop regarding the feasibility study of the Novia Care Clinic. Nova Conner: And I think he…and he’s the one that brought that up and suggested that. If that would you know more comfortable for all of us that he would do that just so they would have a clear understanding that his only connection would be working with the on-site clinic. Don Williams: Okay. Do we need a motion on that? What do you need? Roger Emmons: I mean you’re okay for Doug to review the draft confidentiality agreement? Don Williams: I’m okay with it. Are you okay with Doug to review that issue? Phil Baxter: I’m all right for legal review. Roger Emmons: Okay. I will get that to him. I’ve already given it to him. I’ll tell him okay with him taking a look at it. Don Williams: Okay. County Projects Roger Emmons: There are several projects ongoing and I don’t know if you want to act on any of those. The Jail roof replacement project; Sheriff Heilman has told me that is still leaking. The Jail lift station upgrade and then the Car Quest roof replacement project; the Jail roof replacement and the Jail lift station have been included in the Cumulative Capital Improvement Fund. They have their own line items. I think we’ve got some start-up money on the lift station upgrade, but for both “A” and “B”, the Jail roof and the Jail lift station their estimated cost of construction require the Board of Commissioners to select a professional engineer or architect to prepare the plans and specifications for those projects. So… Don Williams: Right now I want to get the roof of the Jail fixed. Phil Baxter: So, that was… Roger Emmons: You’ve got to select an engineer. Don Williams: Your roof is leaking there Sheriff? Marvin Heilman: I’m sorry? Don Williams: Your roof is leaking when it rains? Marvin Heilman: Only when it rains. Don Williams: Just when it rains? You guys aren’t shooting holes in it or anything are you? Phil Baxter: I can verify it is leaking because he’s got water spots. Don Williams: Well, I don’t doubt it. I just want to make sure if it’s leaking we need to go ahead and get the leak fixed before we do anything else. I mean that’s an immediate action project as far as I am concerned. Roger Emmons: It’s been patched to you know where it’s at the point where it’s almost twenty (20) years old and needs replacing. Don Williams: Well, at the cost though you say we’re going to have to make a selection? Roger Emmons: You’re going to have to select a professional architect. Don Williams: And that’s going to take some time because you’ll have to go with RFQs. I’m saying if the jail is leaking now, let’s get the leaks stopped. Nova Conner: Why does it take an architect? Don Williams: Is it not causing any damage and we just let it leak?

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Warrick County Board of Commissioners Meeting Minutes

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Marvin Heilman: Sheriff Heilman. It’s actually gone down into the block walls, in the windows and it’s been leaking for eight (8) or nine (9) years. We patch it every year. So, two (2) years ago we were going to try to get it done and I think the estimate was a hundred and fifty thousand dollars ($150,000.00) then to replace it. It’s got fifty tons or rock or whatever on top of that flat roof and that’s a big expense to remove the rock. It’s a rubber roof and basically flat and it’s going to be a big job. Don Williams: What does the board want to do with the leaking roof then? Phil Baxter: To answer your question Nova, the reason you have to have an engineer and architect is because it’s over a hundred thousand dollars. Nova Conner: So, that’s the reason we have to have one. Phil Baxter: Yeah. Roger Emmons: And as a professional service, I mean you don’t have to take RFPs/RFQs. It’s local money. You know you can pick whoever you want that’s a professional engineer or you could take request for proposals from local companies who submit their qualifications. Then you’d select one and negotiate… Don Williams: You’re talking about an engineer? Roger Emmons: Yes. Don Williams: We’d have to do that? Roger Emmons: Yes. Don Williams: Not a roof replacement company? Roger Emmons: You know if you hire a roof replacement company to go out there and just patch it… Don Williams: I mean there are companies that just specialize in that kind of work. Nova Conner: Are there any architects on staff? Don Williams: The law says we have to get a consultant involved in this or an engineer? Phil Baxter: If it’s over a hundred thousand dollars we have to have an engineer. Don Williams: We have to have an engineer? Phil Baxter: Yes. Don Williams: I knew we had to send it out for quote. Roger Emmons: That’s pursuant to Indiana Code. Phil Baxter: We did confirm it raised above that. Joe was going to check. Roger Emmons: Yeah, he had two (2) different scenarios, but they were both well over a hundred thousand dollars. Phil Baxter: I think he’s going to check and see if they changed. Roger Emmons: He did. Phil Baxter: And it’s still over a hundred? Roger Emmons: Yes. Phil Baxter: Okay. Well, do we have an engineer that you can think of off-hand? Nova Conner: I guess could we use I mean does it have to be a particular kind of engineer? We could just use Bobby inhouse to do that? Is that acceptable? Is that totally unacceptable? Phil Baxter: I don’t think he could do the specs for it. Bobby Howard: I don’t specialize in structural. Roger Emmons: This will be structural design on a commercial facility. Nova Conner: Will they be replacing the rock again? I noticed one said, “No, you would not be.” Roger Emmons: No, that would come off. Nova Conner: So, you’re looking at a totally different type of… Don Williams: Put an old, shingle roof on that thing and be done with it. Nova Conner: Okay. Phil Baxter: That would be nice if that’s what it was.

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Don Williams: What kind of roof do you want on there Sheriff? Marvin Heilman: One that will last at least two and a half (2 ½) years, preferably longer than that. Don Williams: One that will last at least two and half (2 ½) years; that is pretty short sided of you. Marvin Heilman: We have patched on it every year. Ronnie Powell, when he was the maintenance man, Rick Powell now is; and we patch on it all of the time but when you get up there and walk on it… Don Williams: Would you like our maintenance guys to come out and do it? They could probably do it. Marvin Heilman: When you get up there and walk around on it with all of that gravel is creates other cracks in the rubber and you know it’s a similar situation we had at the Judicial Center a couple of years ago when we had all of the water damage; that’s the risk you take. Don Williams: I guess my question really was you know I understand the water damage but do we want to try and keep the same type roof on there or do we want to modify it? Marvin Heilman: I really don’t know. I saw it… Don Williams: Since it’s flat do we want to get it angled so it’ll drain off? Marvin Heilman: It has some pitch to it; it’s not completely flat. It’s high in the middle. I mean it looks flat when you drive down the highway and look at it. And I don’t know anything about the technology, but I assume the rubber roof would go back on that; and a couple of years ago I got estimates and there was only one (1) company that was even interested. Like I said if we work with Joe Grassman maybe we can seek out other estimates, but I don’t understand the engineer portion of that what he has to do; I don’t understand that. Nova Conner: So, maybe an architect would be good if it does have to be redesigned. Roger Emmons: You went through a process to put these projects under the Cumulative Capital Development you know. That was because there’s more of that available than County General funds. The County Council cooperated with that as well, so you know we’ve got these two (2) big projects that are approved to be funded out of Cum Cap and you know pursuant to Indiana Code, based on the estimated construction cost, you must select a professional engineer to prepare the specifications and the plans. Phil Baxter: Can you get us some names for next week’s meeting? Roger Emmons: Yeah. I mean you know the engineers that we use now Bernardin Lochmueller, Commonwealth, M.D. Wessler; you know USI; look in the Yellow Pages under “Professional Engineers” our “architects.” Phil Baxter: What I’m saying is it can’t be done now anyway. It’s too cold to put it on so it can’t be done for a few weeks or a couple of months. Roger Emmons: I mean I’d be glad to give you a list of engineers. Don Williams: I mean it would be nice if we’d get some kind of a flat rate quote for doing it. I mean what does it take for doing a roof? I mean it bothers me. If that’s what the state statute said, but you know to me somebody that specializes in that type of roof should be all it takes. Roger Emmons: The Car Quest building that is used for storage of some records and that roof has leaked very badly to the point where some of the old County records were destroyed. That project is not included in the Cum Cap so we would have to go to the County Council and get an additional appropriation to cover that project. Don Williams: Two (2) bits or two (2) quotes came in on that? Roger Emmons: Yeah, that’s the only two (2). I think…Joe did you solicit six (6) or seven (7)? Joe Grassman: (could not be understood from the audience) Roger Emmons: They came over and actually went over on the roof. Nova Conner: And this is absolutely essential because we do plan on keeping records in there? I mean it’s a place where we really need and we have to have the storage, that’s what you are saying? Phil Baxter: I believe so. Roger Emmons: I think the twenty one thousand plus that Embry’s bid for a commercial job and the square footage over there is actually very reasonable. Nova Conner: Is a good price? I mean I think if we need it we’re going to go to the County Council anyhow to ask for that permit. Don Williams: Get us a low quote and let’s decide what we want to do with it next week. Roger Emmons: Okay. Don Williams: As far as the Jail projects, we need to replace that roof or we need to look at that and act on that; you can act on that tonight or next week. It doesn’t matter to me; whatever the will of the board is. Phil Baxter: On the what?

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Don Williams: The Jail roof. Roger Emmons: I mean I can get you a list of engineers available that you can select for the design and specs on the Jail roof. Now, the Jail lift station you know I recommended M.D. Wessler on that all along because of the work they’ve done for us for free. And they are more knowledgeable of that lift station… Don Williams: I don’t have a problem with that, but until we quit getting shirts and blankets and potato chip wrappers flushed down the commode over there I’m not really interested in doing anything with the lift station. But, we may have to. If we put a different kind of grinder in there you might be able to do it if you get one that will just gobble up everything. Roger Emmons: That’s part of the plan for the upgrade. Nova Conner: And I was thinking that was done too also because isn’t there going to be more there? That was one of the reasons that we also had to upgrade it. Roger Emmons: Yeah. It needed to be upgraded to add the 4-H Center. Don Williams: And the Senior Citizen’s Center. Nova Conner: Right. Don Williams: The 4-H and the Senior Citizen’s I think and that includes the pipe down 62; enlarge that. Nova Conner: Okay. Don Williams: Okay, speak. What do you all want to do? Phil Baxter: I’d like to go ahead and select M. D. Wessler as the engineer for the Jail lift station upgrade. Nova Conner: Second. Don Williams: Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. Anything else? Do you want to wait on the roof until we hear from Roger next week? Phil Baxter: Yes. Nova Conner: Yes. Don Williams: What about the Car Quest roof? Roger Emmons: We could probably…the additional appropriation requests were due today but I could probably get it to Krystal first thing tomorrow morning and she could still get it in to cover that. Nova Conner: Okay. Don Williams: Okay. Roger Emmons: If the board is okay with that? Don Williams: I’d like to go with the lower bidder of course. Roger Emmons: Certainly. Don Williams: One was twenty five something and the other one was twenty one something? Roger Emmons: Yeah, we would want to go with the twenty one; it was Embry’s Roofing. Don Williams: Okay. Roger Emmons: Do you want to select Embry’s right now by motion and then I’ll submit the additional appropriation request? Don Williams: What is the will of the board? Phil Baxter: I’d move we use Embry Roofing to replace the roof on the Car Quest building. Nova Conner: And I second that. Don Williams: Okay. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. Jail Fence Repair

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Roger Emmons: Thank you very much. The last item is informational. I know the Sheriff had to do some emergency repairs after the inmates got out of the recreation area and that’s been shored up now as well as the locks have been updated, correct? Marvin Heilman: Yes. I still have a couple bills. The work on the razor wire has been completed. It’s been installed. Some new locks have been ordered; not yet installed. There was an issue with the sewer line being clogged last week as well as and we had to call in an outside company to do that work. Don Williams: Did they find out what the problem was? Marvin Heilman: It hadn’t been cleaned out to anybody’s memory, the sewer lines and the grease trap in the kitchen and all of that. But there’s a lot of work; we’ve tried to make those upgrades and repairs and improvements to get it back up in running order. Roger Emmons: That’s all I have Mr. President. Don Williams: Do we need to take any action on that or just pay the bill when we get it? The Sheriff always gives us bills, so I’m sure we’ll get one. Phil Baxter: I guess it’ll be on a claim, won’t it? Don Williams: I keep wondering about that drug money. Roger Emmons: The proposal is a little over twenty four hundred dollars and it was steel razor wire. They inspected it and adjusted the gutter spikes, supplied and installed new thirty (30) inch barbed obstacle wire on the existing wire. Has that work been done? Marvin Heilman: Yes. Nova Conner: And that was on like all of it or just that area because you were upgrading? Marvin Heilman: The outside recreation or exercise area. It’s about I think a hundred and twenty (120) feet area that was re-wired so to speak. Roger Emmons: The court house and annex budgets, the line item that I’ll submit for the Car Quest roof repair is “Repairs to Buildings and Structures” and the Sheriff’s budget what they have for maintenance out there is basically for light bulbs and everyday things like that. The Council, from my experience, they appropriate the money into your control budget so that you spend it because the building is technically owned by you as the Board of Commissioners. Don Williams: Right. Roger Emmons: So, probably it might be a good idea to accept by motion the proposal of Willis Fence Company even though it’s after the fact. It was done on an emergency basis. Don Williams: I don’t know that we need to do that. I think we just need to pay the bill when it comes in. I mean it’s our building and part of normal maintenance. Roger Emmons: That’s fine with me. Don Williams: Don’t you all agree with that or not? If you don’t, I mean… Nova Conner: If it’s not required, I don’t know. Marvin Heilman: And I will say Willis Fence is the original company nineteen (19) years that put up the razor wire and they made some modifications over the years and I felt comfortable, and to my knowledge the only company in Warrick County too that did that type of work, so I felt comfortable contacting them and making that emergency request to be done as soon as possible. Roger Emmons: I mean it’s on the record that we discussed it today as an emergency situation and I think the Commissioners are acknowledging that so based upon it being on the record I think we’re good to go. Don Williams: Sure. It was an emergency so we need to pay the bills. Roger Emmons: Thank you very much. Nova Conner: Thank you. AUDITOR Payroll Claim Sonya Addington: Sonya Addington, Auditor’s Secretary. Also, with me tonight is Sherry Ashby, the Second Deputy. We have the payroll claims for your consideration in the amount of three hundred eighty one thousand six hundred ninety one dollars and ninety one cents ($381,691.91). Don Williams: Any questions from the board? Phil Baxter: No. Nova Conner: No. Don Williams: Motion?

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Warrick County Board of Commissioners Meeting Minutes

March 12, 2008

Nova Conner: I make a motion to pay the payroll claims. Phil Baxter: Second. Don Williams: Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. ENGINEER Drafting Table Bobby Howard: The item I have on the agenda was actually taken care of in the Drainage Board Meeting. But, another issue was the drafting table that was at the meeting that I was not at. I believe it was supposed to be tabled to this meeting. Don Williams: I honesty don’t remember. Bobby Howard: I want to declare it surplus. It’s really just used for a plan review area. We don’t use it for its original use. We have computers that do all of our drafting now. We don’t use the manual table; and this would free up some space for some extra file cabinets. Don Williams: Is it valued at a less than a thousand dollars ($1,000.00)? Bobby Howard: It’s two ($200.00) to three hundred dollar ($300.00) value. Don Williams: We did table it because I had said did you estimate it at less than a thousand ($1,000.00) and Noelle thought it might be more, but she wasn’t sure, so we tabled it until we were sure. Bobby Howard: Okay, two ($200.00) to three hundred dollar ($300.00) value in that range. Don Williams: Are you planning on putting it in the County Auction…ebay? Bobby Howard: Originally, I had talked to…I emailed Erik and Joe about ebay. The possibility of put ting it on eBay is what I was looking at. I have had one person that saw it on the agenda come up and ask about it. Don Williams: You might because a lot of times because putting things on eBay, the university does that, you get a lot more buyers exposed to it and you might get a lot higher price than the County Auction. If you take it to auction it might bring fifty ($50.00) bucks. Phil Baxter: Five ($5.00). Don Williams: You’re right; it could be five ($5.00). Bobby Howard: I would like to talk with Erik to get it on eBay I believe is the best way to handle it. Don Williams: So, we need to declare the Engineering Department’s electrical drafting table surplus. Do I have a motion? Phil Baxter: So moved. Don Williams: Do I have a second? Nova Conner: Second. Don Williams: Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: Motion carries. Purchasing? PURCHASING Discuss Fuel Bid Contracts Joe Grassman: Joe Grassman, Purchasing Manager. I’m here to discuss awarding the 2008 County fuel contract. Before I do that, just so I’m on the same page as everybody, did you agree to go ahead and roof the Car Quest building? Roger Emmons: Yes. Joe Grassman: There’s another…well, I guess I’d better wait until Don gets back. Nova Conner: And just presenting it to the County Council. Joe Grassman: Oh, for the funding? Nova Conner: For the funding, yes.

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Joe Grassman: Okay. All right. You know there’s three (3) additionals to that bid. One of them is Lillpop Window, which is going to definitely involve more money; maybe not a lot may a thousand dollars ($1,000.00) who knows? And then there’s rafters. They don’t know how many rafters are rotten underneath there until they actually get the roof off. So, there’s a price per foot…board foot, for additional rafters and that could be any…you know we have no idea what that is. Nova Conner: And that was the bid that was the cheapest is that what you’re saying? Joe Grassman: I had the main bid for roof repair and then there were three (3) additionals. Nova Conner: Okay. Joe Grassman: And a third one I don’t remember what it was. One of the companies it was no charge. Another company was going to charge five hundred dollars ($500.00) and I can’t remember what that was for moving a metal post or something like that. Nova Conner: Okay. Joe Grassman: But, like I said the Lilpop thing will have to be…I’ve talked to Larry Lillpop and basically it would be a matter of negotiating with him over how much he would be willing to pay to get a new window and that kind of thing. So, we don’t know what is going to be and we won’t know how many rafters until we get into it. So, probably will be some additional costs to that twenty one thousand dollars ($21,000.00). Nova Conner: It needs to be done. Joe Grassman: Discussing the County fuel bid award for 2008, I presented the Board with my recommendation, which I will restate and I’m going to stay with that recommendation even though with the recent market fluctuations and other forecasts without a lot of detail; I’ll just read what I recommend that you do. It is my recommendation that the 2008 County fuel contract be awarded to Superior Ag Resources Cooperative and that we pick the flex pricing that they bid. They were the lost responsible and responsive bidder and that is recommendation to the Board. Don Williams: My question is why flex? Joe Grassman: Well, there’s one thing that jumped out at me here on that flex. If you look at the firm price of gasoline its two dollars and seventy four cents ($2.74); that’s with tax included. The flex price is two dollars and eighty three cents ($2.83) a gallon. That’s only nine cents ($0.09) difference. So, in other words, you know the market could swing nine cents ($0.09). I mean that’s a realistic swing. If we pick the firm price of two seventy four ($2.74) and the price…the flex price or the market price would drop nine cents ($0.09) we would be at our flex price and if it drops less than that we’ll then we’re paying more for it than we should be. You know there is such a small margin between the flex and the firm and in the other instance we have a thirty five cent ($0.35) and thirty seven cent ($0.37) cent margin. You have a little bit more to work with there, but nine cents ($0.09) I mean I can foresee that possibly you know the Sheriff possibly paying more per gallon than what he should in that instance. That is one of the things that jumped out at me. Other than that it just seems to me that firm price looks good today, but you know and talking to a lot of people they say it looks like things are going to stay the same at least through August and it very well could, but…and if we had a margin of thirty cents ($0.30) between the flex and firm on all of the price I would say you know maybe that’s not a bad idea. But, that gasoline price kind of worries me a little bit. Don Williams: Now, these firm and flex prices are increased from what it was three (3) weeks ago? Joe Grassman: The firm price…no. That’s their bid price. That’s the price we’ll pay. Don Williams: I got a paper that says two fifty five three ($2.553). Joe Grassman: Okay, that’s without the taxes. Don Williams: And this with is; okay, I gotcha. Nova Conner: Did you happen…go ahead. Phil Baxter: These prices were done February 20th, right? Joe Grassman: Yes. Phil Baxter: I’m just wondering what that flex… Joe Grassman: The bidding companies established these prices off of what they call their “rack price” which basically is your cost per gallon that day. They base their bids on the prices of those fuels on February 20 th, their cost. Phil Baxter: I know gas and fuel has both gone up thirty ($0.30), thirty five cents ($0.35) since then maybe? Joe Grassman: Are you talking retail price? Phil Baxter: Retail price. Joe Grassman: Okay. Phil Baxter: Today, if we bought the flex, could someone tell me if we get it for two eighty three ($2.83) for the gasoline or three twenty six ($3.26) or three eleven ($3.11) for the diesel. Joe Grassman: Well, it would depend on the rack price. In other words if they call the refinery today and said, “We want to buy five thousand (5,000) gallons of gasoline, how is it, how much does it cost me?” and they say, “Its two dollars and

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eighty six cents ($2.86) cents a gallon” well, that’s three cents ($0.03) a gallon more…no, that’s wrong. Let’s back up again because they don’t pay that much. Okay, they call the refinery and they asked for the rack price of gasoline…let me give you a more accurate price here. Okay, on February 20th the rack price for gasoline, in other words, the price these guys buy it for from the refinery is two dollars and sixty one…$2.610. That’s what they would pay for it on that day, okay? So, let’s say we want to buy three thousand (3,000) gallons of gas, we call them and they call over there and the price went to two sixty four ($2.64) a gallon; three cents ($0.03) higher. Well then our bid price of two eighty three ($2.83) would go to two eighty six ($2.86). They would just add whatever their price goes up our price goes up. Now, conversely if they call over there and the price had dropped to two forty ($2.40) a gallon, they would subtract like twenty cents ($0.20) from our price. Our price would go down twenty cents ($0.20). Our price floats with the market up and down with their cost being the base. We don’t really flow with the market; we flow with what their cost is the day we order from them. Nova Conner: Now, is that still Joe that if it does flex down that we could still lock in or…? No. They’re saying… Joe Grassman: No. We’re locked into a base price of two eight three ($2.83). So, that’s where we start. Nova Conner: Right. Joe Grassman: So, where ever it goes from there up and down that’s our starting point from now on for the rest of the year. If want to lock… Don Williams: It could go up a half a dollar ($0.50). Joe Grassman: Yeah. It could go up a dollar ($1.00). Don Williams: Let’s face it. We’re not going to build a new refinery. It’s an election year. They’re not going to open up Alaska. They’re not going to let anybody drill down off of the coast and the Arab’s are not getting any friendlier. I don’t think we’re going to see a decrease this year. That’s just me personally. Joe Grassman: I’m not going to argue with that because I don’t know. There’s other people say that like a diesel fuel is at the top end and it’s got to go down. A lot of the factors that affect the market all of the fuel markets are all saturated and should be trending down and it should be; now, not that they will. But, you know that being said anything could happen and the reverse could happen. Nova Conner: Okay. You were saying okay let’s say that does go down and it would go down to two forty ($2.40) and then we would drop, right? You’re saying our flex price would drop? Joe Grassman: Yes. Nova Conner: That would happen, so but you’re still saying at that point if that was a flex price we wouldn’t lock it in? When we pick flex we’re going to have to go with that or the firm? Joe Grassman: Yes. Nova Conner: Okay. Joe Grassman: I guess what I’m saying is there’s a little more…well there’s more risk involved in the firm price because you’re locked into a price. I mean it’s a risk reward. It’s like an investment. Don Williams: We locked in last year and we saved eight grand ($8,000.00) right? That’s minimum. Nova Conner: That’s right. Joe Grassman: Absolutely. But, the market wasn’t jumping around. Yeah. But, the market was different last year. We locked it in at a time when their prices were low. We were very fortunate. The reason I pick flex, I think in this unpredictable market it’s a safer bet. Those other prices look good right now and they might be great the rest of the year. I mean if pick that hopefully it will, but I can’t stand here and say that I think that’s going to happen or I can assure you it’s going to happen. We don’t know. Nobody knows. Nova Conner: But, you’re thinking the odds are it’s going to go lower than two seventy four ($2.74) is what you’re saying? Joe Grassman: Well, it just scares me nine cents ($0.09). Don Williams: They’re paying four dollars ($4.00) a gallon for on-road diesel. Joe Grassman: I mean there’s more of a case for a firm price on the bio-diesels because there is so much difference, but you know nine cents ($0.09) I mean to me that doesn’t seem much margin to work with. And it wouldn’t bother me but I don’t think Marvin is going to like me or you either. If the price goes to two fifty ($2.50) a gallon and he’s paying two seventy four ($2.74), he’s going to be calling me every day. Don Williams: Would you call him every day if it goes to four and a quarter ($4.25) a gallon too? Joe Grassman: Yeah, he might bring me flowers or something thing. Don Williams: You might need flowers. It’s a tough decision and it’s a gamble either way we go. Joe Grassman: It’s a gamble either way. That’s exactly what it is. So, like I said, somebody referred to it as the “Stock Market.” It’s like buying stock you know. Nova Conner: I was thinking Joe that you said with the article in the paper today that you thought that the two seventy four ($2.74) was good.

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Joe Grassman: I did. When I talked to you, I had read that article. And I read that article again, and it didn’t convince me as much as it did the first time. I read it a little more in depth and you know its saying you know what it’s saying that strong global demands are going to keep the price of gasoline and all fuels, I guess, high even though the demand in the United States is going to drop for gasoline. So, you’re going to have a domestic drop in demand, but a global increase so the price is still going to stay up. They’re saying here that an average of…this is for gasoline, this Department of Energy Administration is saying that they are predicting for this year that the average price of a barrel of crude oil I guess would be ninety four dollars and eleven cents ($94.11) and the estimated price to be…estimated average price to be three dollars and twenty one cents ($3.21) that’s for gasoline. So, you know if that’s the case and we lock it in for two seventy four ($2.74) we’re going to look like geniuses. If it gets there or even goes higher. Today, it spiked at who knows what three something, sixty…we’re all heard stories. But, how was it just a week ago three ten ($3.10) or something. Phil Baxter: I just think its going to stay where it is or go higher very everything you see and read. I mean then like you said it’s a guess. Who knows? But, I feel safer with the firm than I do with the flex. Nova Conner: I do especially on the bio-diesel. Don Williams: Somebody make the motion and let’s get this over with. Joe Grassman: Don’t look at me. Don Williams: Do I have a motion on this? Is there any other questions? If not, I’ll entertain a motion. It’s a gamble either way. Phil Baxter: I move we go with Superior Ag with the firm prices of two seventy four ($2.74), two ninety one ($2.91) and two seventy four ($2.74). Nova Conner: I think I’m going to second that. Don Williams: Okay. Motion made and second. All in favor say aye. Phil Baxter: Aye. Nova Conner: Aye. Don Williams: That makes three (3). Motion carries. We’ll go with the firm price from Superior Ag. You can always say, “I told you so.” Or we can say, “Gee you’re not doing so good we need somebody else.” Okay. What’s next here? Mr. Attorney? ATTORNEY Tyler Engar: All I had was the Pollution Control Revenue Bonds. Don Williams: What’s that? Tyler Engar: The Pollution Control Revenue Bonds. We already discussed them, so that’s it. Don Williams: Okay. COMMISSIONERS ITEMS FOR DISCUSSION Commissioner Williams: Commissioner Conner, do you have anything? Commissioner Conner: Yes, I do. I’ll try and make it short. Commissioner Williams: Please. Commissioner Conner: I have recently attended a meeting of the KEB which is “Keep Evansville Beautiful” which is an organization that definitely works you know with aesthetically with litter and all different aspects and they are hoping to eventually come into…their goal is to come into Warrick County and to Posey County. It was an interesting meeting because there was a lot of State people there and they gave me their cards because you know I was complaining of litter on the State highway and of course they gave me their cards and said, “Whatever roads that need to be looked at as far as the State roads to make sure and make a list and give it to them.” And I’m sure a lot of people have done that, but the one thing I did ask them and that I would like to do is you know they have signage, and I was so hoping they would donate some signage because we have problem areas that are just some of the worse. Lincoln, Outer Lincoln, and what I would like to do is make some signs stating the current fine and put them there. I mean we would have to pay for them, but I just think that might help. There’s never been you know anything right there in those real prominent areas and I’d like to look at those areas and determine how many sings. I would just like to look at that. Commissioner Williams: I think there are several signs like that need to be placed. Commissioner Conner: And the State said that they would put along the State highway of course put so many that it takes away from the landscape and all of that, but I think there are some places where we need it because right now it’s horrible. I mean Libbert Road is just horrible. I was very blessed to have two (2) community people that you know called me, they are interested, they want to do things and through the KEB we can learn in terms of some type of campaigns maybe to use. So, I’m excited from that perspective but I would like to first of all look at the areas that we need signs from the State that we need to call and say, “Hey, this really bad we need a sign” and then I’d just like to look at some local issues that we could put up some signage that we could put up. And they said they would help us with that in terms of what kind, size, and appropriate language. Commissioner Williams: There could even be a local ordinance increasing the fine.

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Commissioner Conner: Right. That’s something that I would feel very strongly about and I’d love to see happen. Commissioner Williams: Bobby this is just a question. I know you’re not out at the Highway Department; could our sign man make those kinds of signs? Engineer Bobby Howard: As far as just the wording. Commissioner Williams: Right. Engineer Bobby Howard: Yeah, we have the material to make signs. Commissioner Williams: A thousand dollars ($1,000.00) fine, five hundred dollars ($500.00), whatever the ordinance or statute says. Engineer Bobby Howard: I believe he’s made some in the past and certain areas have been posted in the past. Commissioner Williams: You obviously have some roads in mind. I know State Road 61 is a State Road, but it is really bad. Commissioner Conner: And you know that’s one that I can call and you know say put it on the list I want to at least attempt to do that. Commissioner Williams: Let’s see if we can get a…you obviously have some roads in mind. Let’s talk to our Highway Foreman and Highway Superintendent and see if they also know of some particularly trashed area and if we need to get some signs, I think it will be money well spent to have our sign man make them. Commissioner Conner: I agree. Commissioner Williams: We have an ordinance in place and I think we could do it by motion, I would think. Commissioner Conner: Okay. Wonderful. Could we… Attorney Tyler Engar: It would depend on how much money you’re talking. Commissioner Williams: Right now we’re talking current ordinance. Attorney Tyler Engar: Oh, if the ordinance is enforced. Commissioner Williams: And if that doesn’t help rectify the situation then we need to look at the fines and related enforcement issues. Attorney Tyler Engar: I mean the money you’re talking involved in making the signs. Commissioner Williams: We have our own sign man at the Highway Department to make the signs. If we had to fund it we could do it out of our discretionary fund. Commissioner Conner: Don if you want to wait and I can get with Bobby and the Highway Department, get the areas, then bring it back and pass it would you feel more comfortable with that? Commissioner Williams: Either way. Commissioner Conner: Okay. Let me look at it. Commissioner Williams: You can bring it up during your business anytime. Give me a heads up. Commissioner Conner: Okay. I can do that. Commissioner Williams: Anything else Commissioner Conner? Commissioner Conner: Thank you. Nothing. Commissioner Williams: Commissioner Baxter do you have anything sir? Commissioner Baxter: No sir. Commissioner Williams: I have nothing either. I will entertain a motion to adjourn. Commissioner Conner: Motion to adjourn. Commissioner Williams: Do I have a second? Commissioner Baxter: Second. Commissioner Williams: Motion made and second. All in favor say aye. Commissioner Baxter: Aye. Commissioner Conner: Aye. Commissioner Williams: We are adjourned.

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March 12, 2008

WARRICK COUNTY COMMISSIONERS ______________________________________ DON WILLIAMS, PRESIDENT ATTEST: ____________________________________________ LAWRENCE C. LACER, AUDITOR WARRICK COUNTY, IN ______________________________________ PHILLIP H. BAXTER, VICE PRESIDENT ______________________________________ NOVA CONNER, MEMBER