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					                                   WARRICK COUNTY COMMISSIONERS MEETING
                                             REGULAR SESSION
                                       COMMISSIONERS MEETING ROOM
                                             107 W. Locust Street
                                               Boonville, Indiana
                                              September 26, 2007




The Warrick County Commissioners met in executive session with Don Williams, President; Phil Baxter, Vice-President,
and Nova Conner, Member.

President Don Williams called the meeting to order.

Auditor Secretary, Sonya Addington, recorded the minutes.

Pledge of Allegiance led by Sheriff Marvin Heilman.

Don Williams: I will entertain a motion to recess the Board of Commissioners Meetings for the matter of Public
Hearings. Do I have a motion?

Nova Conner: Motion.

Phil Baxter: Second.

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

Phil Baxter: Aye.

Nova Conner: Aye.

Don Williams: Aye. Motion carries.

PUBLIC HEARING:

In the Matter of the Petition to Vacate a Portion of the Drainage Easement on Lot 36 of Waters Edge Phase II
subdivision, Warrick County, Indiana

Don Williams: The first item, Public Hearing, is a Petition to Vacate a Portion of the Drainage Easement Lot 36 Waters
Edge Phase II Subdivision. State your name and address for the record, if you would ma‟am.

Kimberly Unfried: Kimberly Unfried, 9910 Waters Edge Drive, Elberfeld, Indiana.

Don Williams: What do you want?

Kimberly Unfried: I only came because Rodney couldn‟t be here. We need to have twelve (12) vacation of the drainage
easement on our property, so that we can build an addition to an existing metal barn.

Don Williams: It‟s not a legal drain?

Sherri Rector: No. And, I believe her husband came before the Drainage Board a couple meetings ago. The last
meeting or so, and so now the official documents have been submitted and it is in order. She does have the petition,
ordinance and notice to adjacent property owners.

Don Williams: Okay. Is there anyone here to speak for or against the vacation of the easement? So, we‟re looking at
how many feet…twelve (12) feet?

Kimberly Unfried: Yes sir.

Don Williams: It‟s a natural drainage easement?

Sherri Rector: Uh-huh.

Don Williams: Any questions from the board?

Phil Baxter: I have none.

Don Williams: Okay. I‟ll entertain a motion to close the hearing.

Phil Baxter: So moved.

Don Williams: On Waters Edge Phase II. 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: Aye. Motion carries. Thank you.

Kimberly Unfried: Thank you.
        -2-         Warrick County Board of Commissioners Meeting Minutes                              September 26, 2007

In the Matter of the Petition to Vacate the Western Ten (10) Foot Portion of a Twenty (20) Foot Public Utility and
Drainage Easement on Lot 31 of Rolling Hills Manor No. 2 Sec. B Subdivision as Recorded in Plat File 1 Card
419 in the Office of the Warrick County Recorder, Warrick County, Indiana.

Don Williams: Next Public Hearing, Petition to Vacate the Western ten (1) feet portion of a twenty (20) foot public
easement, utility and drainage easement, Lot 31 Rolling Hills Manor. This was approved by the Drainage Board about
an hour ago. If you would ma‟am, come forward, and once more for the record state your name and address please.

Kathy Hinkle: Kathy Hinkle, 2122 Eaglewood Drive, Newburgh, Indiana.

Doug Welp: So, the record is clear this is also in a public hearing correct?

Don Williams: This is also. I said “continuing with public hearing.” This is still a public hearing.

Kathy Hinkle: And we are requesting to vacate ten (10) feet of the twenty (20) foot easement on our property to
construct a pool house. And all items have been in. The green cards, all utilities have written their letters of approval. „

Sherri Rector: We do have everything. It is all in order.

Don Williams: Okay. Are there any questions from the board?

Phil Baxter: None.

Don Williams: Is there anyone from the public that would like to address the hearing on behalf of this petition? I will
entertain a motion to close the hearing.

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.

Don Williams: Aye. Hearing is closed. Thank you ma‟am. Please be seated. I declare the Commissioner Meeting
September 26, 2007 back in session. We‟ve done the Pledge. Next is the action on the two (2) public hearings.

ACTION ON PUBLIC HEARING

       Waters Edge Phase II (Ordinance No. 2007-26)

Don Williams: The first item is the Waters Edge Phase II. We need an ordinance number for that.

Sonya Addington: 2007-26

Don Williams: 2007-26 okay. Ma‟am…where did she go? Is there anything else you‟d like to say to the board
concerning your matter before we take action?

Kimberly Unfried: No.

Don Williams: Is there anybody from the public that would like to address the issue? Any questions from the board?

Phil Baxter: No.

Nova Conner: No.

Don Williams: I‟ll entertain a motion.

Nova Conner: I make a motion that we approve Ordinance 2007-26.

Don Williams: Okay. I have a motion to approve Ordinance 2007-26. 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: Aye. Motion carries three (3), zero (0).

       Rolling Hills Manor No. 2 Sec. B (Ordinance No. 2007- 27)

Don Williams: The next item Rollins Hills Manor No. 2 Section B. Ordinance number I assume is 2007-27?

Sonya Addington: Yes sir, it is.

Don Williams: Ma‟am do you have anything further you would like to say on your issue?

Kathy Hinkle: No sir.
        -3-         Warrick County Board of Commissioners Meeting Minutes                            September 26, 2007

Don Williams: Would anybody like to address the issue before we take action? Any questions from the board?

Phil Baxter: No.

Don Williams: If not, I‟ll entertain a motion.

Nova Conner: I make a motion that we accept Ordinance 2007-27.

Don Williams: Okay. Do I have a second?

Phil Baxter: Second.

Don Williams: Motion made and second to approve Ordinance 2007-27. All in favor say aye.

Phil Baxter: Aye.

Nova Conner: Aye.

Don Williams: Aye. Motion carries.

AREA PLAN COMMISSION

       APPROVAL OF COUNTY ROAD MAP AND INDEX – ORDINANCE 2007-28

Don Williams: Sherri, Approval of County Road Map and Index.

Sherri Rector: The first item that I have is the approval of the county road name map and index. We did supply each of you
with a copy of the new map and index. This was put together for us by WTH. The Commissioners entered into a contract
with them to supply the map and then to also upgrade it every six (6) months for a certain amount. We had the County
Engineer check it and other individuals to make sure that we got all of the roads and of course every six (6) months it
probably needs updated with the development that we have in the county.

Don Williams: Okay.

Sherri Rector: And it is by ordinance, so I will need an ordinance number.

Phil Baxter: 28?

Sonya Addington: Yes sir, 28.

Don Williams: Okay. I would like to ask the Engineer if you have any problems with the map.

Bobby Howard: Not at this time.

Don Williams: You are okay with it?

Bobby Howard: In six (6) months I might.

Don Williams: I‟ll ask you again in six (6) months. Any questions from the board? If not, I‟ll entertain a motion.

Nova Conner: I will make a motion that we approve Ordinance 2007-28.

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: Aye. Motion carries.

REQUEST FOR AMENDED STREET PLANS:

       Ditney Development Subdivision by John Wasson, Owner

Sherri Rector: Next is Request for Amended Street Plans. This is Ditney Development Subdivision by John Wasson, Owner.
This is the development that just came before you at the Drainage Board. Bobby has reviewed the amended street
construction plans, and he also has a request on down the agenda to then accept the streets for maintenance.

Don Williams: Okay.

Bobby Howard: Right. On the amended street plans, on that easement, John?

John Wasson: Yes?

Bobby Howard: I think it was Duke Energy?

John Wasson: Yes.

Bobby Howard: Okay. I‟d just like to…everything is in order with the plans. I‟d just like them approved subject to getting that
on their letterhead and signed an executed document.
        -4-         Warrick County Board of Commissioners Meeting Minutes                            September 26, 2007


Sherri Rector: They have an easement in the right-of-way, and they are stating that they will take care of and repair the road
if anything needs to be done, but we don‟t have the signed, original, document yet.

Don Williams: So, if we make that subject to Duke Energy…? What?

Bobby Howard: Agreeing with the…basically, it‟s a consent agreement with the roadway being over the top of the utility
easement, and we just need to execute it.

Doug Welp: And the encroachment agreement.

Bobby Howard: Yes.

John Wasson: Was the form of the email that I forwarded from Duke Energy was that adequate?

Sherri Rector: We got the email copy. We just do not have an original signed document.

Don Williams: We can go ahead and approve it, it‟s just contingent on receiving this signed document, I think.

Sherri Rector: Right. We just wouldn‟t record it.

Don Williams: That‟s the will of the board anyway.

Sherri Rector: Yes.

Don Williams: Okay. Are there any questions from the board?

Nova Conner: No.

Phil Baxter: No.

Don Williams: And Mr. Engineer, your recommendation is to approve?

Bobby Howard: Yes.

Don Williams: Subject to Duke Energy consent agreement. Okay. Do I have a motion?

Phil Baxter: I‟d move to approve subject to Duke Energy signed agreement.

Don Williams: Okay. 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: Aye. Motion carries.

Bobby Howard: Do you want to discuss his acceptance?

Don Williams: Yeah. We‟ll take that up. That way you won‟t have to come back up.

REQUEST FOR ACCEPTANCE OF STREETS FOR MAINTENANCE:

       Ditney Development Subdivision by John Wasson, Owner

Don Williams: It‟s under Item “D”, “1.” There is no need for you to come back up Mr. Wasson, since you are there. Request
for Acceptance of Streets for Maintenance Ditney Development Subdivision. Mr. Engineer, have you looked at it?

Bobby Howard: I was out there today. The only issue I had was there are no street signs and stop sign yet.

John Wasson: Yes. I understand.

Bobby Howard: We need to have that in place before I can accept the street for maintenance.

John Wasson: Alright. I believe I delivered those materials or a check for those materials to the county five (5) or six (6)
years ago.

Bobby Howard: I found no record of that, and we don‟t put up street signs. That would‟ve been stop signs at that time. But, I
did not find any…

John Wasson: I will certainly get those street signs up quickly, or order them, or however you obtain them to get that matter
taken care of.

Don Williams: How long do you think it‟ll take to get those up Mr. Wasson?

John Wasson: I don‟t know how long it takes to obtain them. I‟ve never bought any before.

Bobby Howard: Usually, within a month, you can usually get them within two (2) weeks.

John Wasson: If you‟d loan them to me, I‟ll put them up tomorrow, and buy some more to replace them.
        -5-       Warrick County Board of Commissioners Meeting Minutes                                September 26, 2007


Don Williams: We can give you a good deal on them.

John Wasson: Yeah. Get me a good deal on them. You buy them in bulk.

Don Williams: So, we just want to table this for a month?

Bobby Howard: That should be adequate.

Don Williams: Okay.

John Wasson: Thank you.

Phil Baxter: Thank you.

Don Williams: I‟ll entertain a motion to table “D-1” for a period of thirty (30) days. That means you come back on October
24th.

Phil Baxter: So moved.

Don Williams: Okay. Second?

Nova Conner: Second.

Don Williams: Motion made and second. All in favor say aye. So, Item “D-1” is tabled to October 24th.

REQUEST FOR EXTENSION OF SURETY

C-06-76 – Mt. Gilead Church ~ 1344 Mt. Gilead Rd. Has had one year. Requesting a 6 month extension. $3,000 cashiers
check. Time expires 10/19/2007.

Sherri Rector: The next item is Request for Extension of Surety. It is Commercial Driveway C-06-76 Mt. Gilead Church 1344
Mt. Gilead Road. They have had one (1) year. They are requesting a six (6) months extension. We‟re holding three thousand
dollars ($3,000.00) cashier‟s check that expires October 19 th. I believe they are still working on the addition to the church at
this time.

Don Williams: So, is the Letter of Credit going to be extended?

Sherri Rector: No. We have their money, so you‟re just giving them an extension.

Don Williams: Okay. Is there someone here to represent Mt. Gilead Church? If you would sir, state your name and address,
and who you represent?

John Swain: John Swain, 1107 Boon Drive, here in Boonville.

Don Williams: You are the Pastor?

John Swain: Yes.

Don Williams: If I remember right.

John Swain: Yes.

Don Williams: And, you think six (6) months will be plenty of time?

John Swain: That will be adequate. Yes.

Don Williams: Okay. Anything you‟d like to add sir?

John Swain: No.

Don Williams: Okay. I‟ll entertain a motion.

Phil Baxter: Would it alright to give them a year?

Don Williams: We could give them a year. That‟s what we normally do. That way, if it takes you seven (7) instead of six (6)
months with the rainy season coming on…

Phil Baxter: You won‟t have to come back.

Don Williams: You won‟t have to come back before us.

John Swain: I‟d appreciate it.

Don Williams: Okay. I‟ll entertain a motion then.

Nova Conner: I make a motion that we approve the extension for one (1) more year.

Nova Conner: Aye.

Don Williams: Aye. Motion carries.

Phil Baxter: Thank you, sir.
        -6-         Warrick County Board of Commissioners Meeting Minutes                          September 26, 2007

Sherri Rector: Sir, just so you understand that if the driveway gets done in six (6) months you can ask for your money to be
released, and you don‟t have to wait a year, or if it gets done in three (3) months, just whenever you get it done .

John Swain: Alright.

REQUEST FOR ACCEPTANCE OF STREETS FOR MAINTENANCE:

        Reserve “C” by Rahman Homes, David Rahman, Pres. LOC expires 10/28/2007.
Sherri Rector: Okay. We‟re back to Request for Acceptance of Streets, the Reserve Section C by Rahman Homes, David
Rahman President. The Letter of Credit expires October 28, 2007, and Bobby did inspect these streets also.

Don Williams: If you would sir, state your name and who you represent.

David Rahman: David Rahman, President of Rahman Homes.

Don Williams: Is there anything you‟d like to say sir?

David Rahman: Not at this time.

Don Williams: Streets are in and you‟re happy with them?

David Rahman: Yes, I am.

Don Williams: Mr. Engineer, I‟d like your input.

Bobby Howard: I did inspect the streets. There was a punch list. He did complete those items. I was out there today, so I
would recommend acceptance.

Don Williams: Okay. Any questions from the board?

Phil Baxter: I have none.

Don Williams: I will entertain a motion.

Phil Baxter: I‟d move to accept the streets for maintenance in Reserve “C.”

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: Aye. Motion carries.

Sherri Rector: That‟s all I have. Thank you.

Don Williams: We may need your input later on.

Sherri Rector: I‟ll stay if you say I have to.

Don Williams: I‟m not saying you have to.

TABLED ITEMS

        Warrick County Community Corrections Appointments (2)

Don Williams: Next item, Tables Items, Warrick County Community Corrections appointments. I think we had two (2)
before us. I don‟t think that I brought that paperwork with me. There was a third one that somebody wanted to check
out.
Nova Conner: That was me, and that was a “no.”

Don Williams: Okay. What are those two names Roger?

Roger Emmons: The two names are Ms. Tonya Gore to replace Mr. Joshua Nichols for a term that would expire four (4)
years from the date of appointment. Mr. Nichols asked not to be re-appointed when his term expired July 1 st of this year.
The second appointment recommendation is Mr. Gustavo Lopez to replace the late Mrs. Virginia Chester for a term that
would expire four (4) years from the date of appointment, and Mrs. Chester‟s term would‟ve expired March 1 st according
to J.T.‟s letter of this year. Both persons meet specific statutory requirements for board membership.

Don Williams: Okay. I will entertain a motion.

Phil Baxter: I move to appoint Tonya Gore and Gustavo Lopez to the Warrick County Community Corrections Board.

Nova Conner: Second.

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

Phil Baxter: Aye.
        -7-         Warrick County Board of Commissioners Meeting Minutes                             September 26, 2007

Nova Conner: Aye.

Don Williams: Aye. Motion carries. Next item, Mr. Shively?

ITEMS FOR DISCUSSION

        Les Shively ~ Prairie Drive, Newburgh, IN

Les Shively: Mr. President, Board of Commissioners my name is Les Shively representing Kathy Scheller. As you
know, we have been working with the neighbors in the adjacent subdivision, and their Attorney, Krista Lockyear, over
most of the summer trying to work out some concerns that they have with regard to the use of Ms. Scheller‟s property,
and the access on what is known as Prairie Drive, the fifty (50) foot public right-of-way that was dedicated some time
ago. We‟ve made a lot of progress, but we‟re not quite there yet. Since we‟re on the agenda, I do want to report to you
where we are. There were about seventeen (17) or eighteen (18) items that the association wanted in the form of a
covenant. It would be recorded as a condition to being allowed to use this right-of-way. One of those has to do with the
vacation of Prairie Drive, and then would result in a conveyance back to Ms. Scheller of a private drive. That‟s item
number one we want, and we haven‟t quite worked with…there are two (2) landowners on either side, the McClure‟s‟
and the Coleman‟s. We understand the McClure‟s and the Coleman‟s are in agreement with that subject to certain
conditions, and signing off on the location of where that drive would be. That hasn‟t been done yet. I just found out a
moment ago before the meeting began that they would work with us in that regard. So, we would like to get that in
concrete…excuse the pun. We would like to get the firmed up, if you say, before we come to you for formal action. We
think that‟s the appropriate thing to do. Also, it occurs to me that another item that probably needs to be done and
presented to you as being satisfied is one of the conditions that folks want is that as you recall there is an easement that
goes through my client‟s property, goes north through property owned by the folks by the name of Schenk. It is a cross
easement. We have to get the Schenks to agree to vacate their rights to use this easement that‟s ultimately going to be
abandoned on the Scheller property, and although we‟ve had discussions with those folks, it‟s not in writing yet; and I
would like to be able to come before you when there is time for final action to say, “Hey, that‟s been done; here‟s the
document” and I know that Krista would like to see that too and her client. So, that‟s where we are. We would like this
matter be tabled at this time, but since you‟ve been very patient with us, at least we owed you was a status report as to
where we are on this. But, we‟ve made a lot of progress.

Don Williams: Any particular time limit you would for being tabled? A month?

Les Shively: I will leave that up to Krista.

Don Williams: Do you want to make it for a month?

Les Shively: A month is fine.

Don Williams: October 24th?

Les Shively: Yes sir.

Don Williams: I‟ll entertain a motion to table Item 4A until October 24th. I‟ll make that in the form of a 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: Aye. Motion carries.

Les Shively: Thank you for your patience. I appreciate it.

Don Williams: Yes? Actually, there‟s no discussion on tabled items, but if you want to say something we‟ll listen. State
who you are.

Doug McClure: I‟m Doug McClure, one of the landowners. This is my wife Sharon.

Sharon McClure: Sharon McClure.

Don Williams: I thought you were. I remember you vaguely.

Doug McClure: You probably do. Just as a clarification, because these things are all coming together, we are in
agreement with our neighborhood association if you did agree to vacate that and allow access, then we are working with
our homeowner‟s association to come up with an acceptable plan. We‟re not there yet. We‟re still looking at that, but we
just wanted to say one more time, and then we‟ll be done saying it, that if you are thinking about vacating, we‟re the folks
that have been maintaining that property for all of this time. It‟s the only access in Lakevale Estates that was not
vacated and we truly believe that just simply fell through the cracks. So, if you are considering vacating, either vacate it,
move it to us or even sale the land to us, I think you can…if you‟ve look at that property, I believe some of you if not all of
you have; if you look at that property and you think about the disruption that would happen to put a roadway through
there and tear through those woods, that‟s quite a disruption. And think about that traffic going between those two
homes is something we obviously have a concern with. So, obviously are wish is that it would be vacated or sold to us,
but if that can‟t happen, then we are working with the association, we just wanted to be clear about that.

Don Williams: Well, I don‟t know that we‟ve ever had request to vacate.

Sharon McClure: Yeah. I…

Don Williams: Maybe before our time.
       -8-          Warrick County Board of Commissioners Meeting Minutes                           September 26, 2007


Sharon McClure: It was before your time.

Don Williams: Yeah.

Sharon McClure: I talked to…when Allan Mounts lived where the Coleman‟s now live, right next to on the other side; he
has been to the Commissioner‟s office. There is a letter dated…he came before the commission on June 14, 1999, and
I have a copy of the letter with me, and I have sent you also a copy of the letter. And that time, the question of vacating
the street was brought before the County Commissioners for a consensus decision as part of the Area Planning
Commission‟s agenda. The Commissioners indicated that they did not have a problem with vacating the portion of
Prairie Drive, and this is from Allan Mounts; and you are free to have this copy again if you‟d like.

Don Williams: I do recall that now that you mentioned that.

Doug McClure: Thank you for your time.

Sharon McClure: But, you guys have to take into consideration this is our home, and this is the Coleman‟s home, and
we bought that property with no idea that this would ever happen. There are trees, retaining walls, electric fences,
everything on there we took in good faith what the Commissioners told us in ‟99; and if anything that street should be
vacated and give to the Coleman‟s and the McClure‟s. She has access through Rosewood. There is an egress and
ingress across the other property, and she can go out the other way. She does not need to come through our
subdivision and ruin our property value.

Doug McClure: That‟s enough. Thank you.

Don Williams: Thank you.

Les Shively: Just so I know, I will have to appear before this body in other matters, and so the record is clear and there
is no misrepresentation on my behalf or my client‟s behalf, we are in agreement to doing these things if there is no
remonstrance. If everybody is on the same page, and if this opposition continues, then we‟re not going to be in a
position to agree to the things we have worked out. I want to make sure that everybody understands that because this is
not a piece meal situation, and if these folks represent that they are willing to work with us on one hand, and yet
remonstrate that puts my client and myself in a very difficult position; and I hope the Commission understands that.
Thank you.

Don Williams: No further discussion. I‟ll let the other attorney speak just for a minute, if you would Ms. Lockyear.

Krista Lockyear: Thank you. I‟m sorry. Very briefly, I just want to confirm that I did speak with Mr. Shively. For the
record, Krista Lockyear and I‟m the Attorney for the homeowner‟s association, not for any individual homeowners; and
the association has been working with Mr. Shively and everything that he represented from the association‟s point of
view is absolutely accurate. We have come to an agreement and still just a few more pieces to put in place. The exact
location of the driveway and the easement is something that‟s going to have to be worked between the Coleman‟s and
the McClure‟s the individual landowners that live right there on either side of Prairie Drive.

Don Williams: Thank you.


       Request for FMLA

Don Williams: FMLS request Roger. I think…thank you for staying.

Roger Emmons: Thank you Mr. President. I have one request for Family Medical Leave Act and right before the
meeting began Sheriff Heilman gave me a couple of items. One of which was a request for FMLA leave, so we have
two (2). I can‟t mentions names but the departments they are from are Central Dispatch and the Treasurer‟s office. All
required documentation has been submitted through proper channels. I would recommend you approve these.

Don Williams: Okay. Do we have a motion?

Nova Conner: I make a motion that we approve the requests for FMLA.

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: Aye. Motion carries.

ADMINISTRATOR

       Stonehaven Area Sewer

Don Williams: Roger, I don‟t have your list. Do you have some more? I heard it‟s more like a book than a list.

Phil Baxter: A catalog.

Don Williams: Oh, it‟s been worse.

Roger Emmons: On the Stonehaven Area Sewer, a couple of items. And I had not heard from Nova on this. Don
indicated he‟s got a conflict for the date of the phone conference with the Office of Consumer and Rural Affairs, October
        -9-       Warrick County Board of Commissioners Meeting Minutes                             September 26, 2007

5th at noon, and would like to know if Nova wanted to participate in that.

Nova Conner: Yes.

Don Williams: Basically, they‟re going to be talking about those grinder pumps.

Roger Emmons: The grinder pumps.

Don Williams: I think there are some issues we discussed in the office the other day that we might go forward with
discussing with the Council.

Roger Emmons: The only other issue I have with that is we received the updated financial information from Doug
Baldessari, and Don had responded that he was okay with me copying the County Council on that. Phil told me he was
okay with it this morning. I hadn‟t had a chance to talk to Nova about it.

Don Williams: It‟s a matter of public record isn‟t it?

Roger Emmons: It is. Especially though given that it may be favorable to us if they could find the money for the grinder
pumps.

Don Williams: Sure.

Roger Emmons: So, I think that‟s definitely a positive thing. I do have some other items if you could bear with me.

       I-69 Planning Grant

Roger Emmons: Debbie Bennett is not here, but I‟ve given you some information about…additional information about
the I-69 Planning Grant. If Debbie gets back from Indianapolis in time she‟s going to stop by, but we have submitted the
letter of intent and you‟ve named your activity. The only thing…Debbie gave you a memo dated September 25 th as a
follow up to last week‟s Commissioner meeting and to repeat her organization, which is the Economic Development
Coalition of South Western Indiana, their offer to administer the grant for you. And she has said they will be willing to do
this whether or not they get the allotment of five (5) percent. So, you know you‟ve not taken any action to officially name
the coalition to do this. That‟s up to the board. The other decision is to select a consultant or consultants to actually
prepare the strategic economic development plan for you.

Don Williams: Right. And there are two (2) rounds; one is in October and one is in December, and it‟s really not to our
advantage to go on either round. October is coming fast upon us, and I just assume get all of our ducks lined up for the
second round in December, if it‟s okay with the other board members.

Nova Conner: Do you mean in terms of the actual plan?

Don Williams: The actual application. We still get the results in March anyway. It would be less time that we‟d have to
wait on the results if get right down to it.

Nova Conner: Okay. So, that doesn‟t have a deadline in terms of the application?

Don Williams: No. The NOI, the Notice of Intent, had to in…

Nova Conner: Right. That had to be in. But as far as the rest, there‟s something that has to be…?

Don Williams: Right. The application, no.

Nova Conner: Okay.

Don Williams: That way we can take our time and this board can, I think, we can look and see exactly what we want.

Nova Conner: Okay.

Don Williams: I don‟t think we really decided that yet as a board.

Phil Baxter: Okay.

Don Williams: It‟ll give us more time to look at that.

       Surplus Vehicles

Roger Emmons: Purchasing Manager, Joe Grassman, has asked that I present to you a list of vehicles for you to
declare a surplus, so that these could be…he could proceed with either trying to get them sold by using eBay or public
sale; and I gave you a listing of those items. There are seven (7). There are four (4) Ford Crown Vics, old Sheriff cars;
and there are three (3) Ford E350 vans that are ambulances that have been taken out of service. And, I gave you a list
with the description with the VIN number on those vehicles. I don‟t know if Doug needs to comment to your motion if you
choose to proceed, or not.

Doug Welp: Just follow your normal procedures on that which, I believe, is declaring is surplus by motion and vote, if
you want to proceed.

Don Williams: Do they have to be valued at less than a thousand dollars ($1,000.00) to be surplus? I‟m trying to
remember that.

Doug Welp: No.

Don Williams: Okay.

Doug Welp: No. To be, I think, considered worthless or junk, or something about that.
       - 10 -       Warrick County Board of Commissioners Meeting Minutes                                September 26, 2007


Roger Emmons: Yeah, that‟s more than one worthless or junk. If you‟ve got more than one it‟s five thousand
($5,000.00), I think.

Doug Welp: Yeah.

Roger Emmons: But you‟re just declaring them surplus to dispose of them.

Doug Welp: Yeah. That‟s to sell it without advertising one item less than one thousand ($1,000.00),
or if it is more than one total value of less than five thousand ($5,000.00)

Don Williams: Might be a good idea with the idea about eBay, just about anybody will buy anything through that. Okay I
enter a motion for the four (4) Ford Crown Vics and the two (2) ambulances. I mean three (3) ambulances.

Phil Baxter: I‟d move we approve surplus of the following seven (7) vehicles; four (4) Crown Vics and the three (3)
ambulances.

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: Aye. Motion carries.

Doug Welp: The only additional thing I would add to that is of course with disposition of law enforcement vehicles, there
has to be a representation that they are going to be painted monochrome.

Roger Emmons: That‟s correct.

Doug Welp: That is again normal procedure.

        Open Fire Emergency and Ban

Roger Emmons: The next item your open fire emergency and ban, I called Boonville Fire Chief Steve Byers, this
morning early, and he‟s of the opinion that you‟re safe to revoke that open fire emergency proclamation.

Don Williams: I‟d say so, and we‟re supposed to get more tonight from what I understand. So, that‟s good. I would
agree with the Chief. I will entertain a motion.

Nova Conner: I make a motion that we revoke the open fire emergency proclamation.

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: Aye. Motion carries.

        Vann Road Park Paving

Roger Emmons: I didn‟t know if you wanted me to bring back the issue of the Vann Road Park. Didn‟t you want me to
make a report about the chip and seal, or was that to go to October?

Phil Baxter: October, I believe.

Roger Emmons: Okay. I can bring it back. That‟s no problem.

        CodeRED System

Roger Emmons: I have one item that the Sheriff gave me. It has to do with the CodeRED System. You approved a six
(6) months trail some time ago on this, and Bob Irvin has recommended to Sheriff Heilman that he believes the system
is good and “we‟d like to keep it at least for another year.” The one (1) year extension will be October 15, 2007 through
October 15, 2008. It is fifteen thousand dollars ($15,000.00). I believe that can be funded out of the Enhanced 911
monies. We don‟t have, you know…we don‟t have an invoice. I don‟t know Sheriff is there‟s going to be an addendum
for the board to sign. I‟ll find out from Bob. Given that it‟s not until October 15 th of this year, if you want to wait until the
next meeting?

Don Williams: I don‟t see any reason we can‟t go ahead act on this unless the other two don‟t want to.

Nova Conner: That will be fine.

Phil Baxter: We can sign it.

Don Williams: Okay. This will come out of E911 funds?
       - 11 -       Warrick County Board of Commissioners Meeting Minutes                              September 26, 2007


Roger Emmons: Yes.

Don Williams: I‟ll entertain a motion to extend the CodeRED System through October 15, 2008. Do I have a motion?

Nova Conner: So moved.

Phil Baxter: I‟ll second it.

Don Williams: Motion made by Commissioner Conner and Commissioner Baxter second it. All in favor say aye.

Phil Baxter: Aye.

Nova Conner: Aye.

Don Williams: Aye. Motion carries. Anything else, Mr. Emmons?


        Ettamae and Maryjoetta Court in Newburgh

Roger Emmons: There‟s an item Attorney Welp may cover regarding Ettamae and Maryjoetta courts. He sent an email
regarding that.

Don Williams: I think he talked to us individually on that. Do you have something you want to say Counselor?

Doug Welp: If you want to take it up sure. It‟s concerning the “no parking” signs that are either on Ettamae or
Maryjoetta or both.

Don Williams: Maryjoetta.

Doug Welp: Okay. And I received a letter from…

Don Williams: Ettamae off of Maryjoetta.

Doug Welp: From Steve Temme‟s attorney wanting us to hold a public hearing on the issuance of those parking signs.
There is a threat in the letter filing a law suit, so Commissioners it‟s up to you. He attacks the validity of basically all the
speed limit signs and “no parking” signs and whatever in the county as those have been put up over the years, probably
over the past fifteen (15) years. I‟m not aware of ordinances being passed on each individual…

Don Williams: Who was that?

Doug Welp: Terry White.

Don Williams: And he was the County‟s attorney during that time he was done, right?

Roger Emmons: Yes he was.

Don Williams: That‟s very interesting. Go ahead.

Doug Welp: And so, anyway, what he requests is a hearing…a public hearing, by the Commissioners, on the issuance
of those parking signs…”no parking” signs.

Don Williams: There‟s only one (1). To be consistent we may ought to put one on each one of those cul-de-sacs.

Nova Conner: I think you discussed that.

Don Williams: Have you had a chance to go and look at that?

Nova Conner: I have not.

Don Williams: You might want to look at it. You might to have Bobby go with you. He‟s got a good ruler. What we did
when Bobby and I went out there, we parked his truck on one edge and simply measured the distance from the truck to
the other edge, and if I remember correctly, Mr. Engineer correct me. But, there was less than two (2) feet of passage if
an ambulance had to go through there. There wasn‟t much clearance if an ambulance had to get through there or
something if it was parked on both sides.

Bobby Howard: Yeah. If they were parked on both sides, an emergency vehicle would not be able to get through.

Don Williams: And again it‟s been like that with no signs up for years and years and years, and there‟s never been a
problem. So, I mean…

Doug Welp: There is no question that the issuance of these “no parking” signs is within the discretion of the
Commissioners. What is being attacked is the way that they were put up. And if the Commissioners want to have a
hearing on it, and have all of those residents, you know provide notice to them, and have them come in…

Nova Conner: So, he‟s saying in terms of getting the other view from the neighbors?

Don Williams: Have you seen it?

Phil Baxter: Yeah. I‟ve seen it.

Doug Welp: Right. He‟s claiming that there‟s alternative motives at issue.

Nova Conner: Right. I would not have a problem with that.
       - 12 -       Warrick County Board of Commissioners Meeting Minutes                         September 26, 2007


Phil Baxter: Do you?

Don Williams: No. I don‟t want to set a public hearing right now until Commissioner Conner has a chance to look at it.

Nova Conner: I don‟t have a problem with the public hearing.

Phil Baxter: And I wouldn‟t be opposed to putting one on the other street.

Don Williams: I wouldn‟t be opposed to putting another one on the other streets or taking that one down.

Phil Baxter: Either one. I thought that was a safety hazard when we did it.

Nova Conner: But, I would like to hear from the others.

Don Williams: I think it could be. I think when the Board gets a request from that just from one (1) person; we need to
take a long, hard look at it before we act.

Phil Baxter: I agree.

Don Williams: Because I‟ve learned over the years a lot of people want us to take action on issues that will benefit
them.

Phil Baxter: Is that true?

Don Williams: I think that‟s true. We‟ll just leave it at that. Thank you for your input Counselor. Do you have anything
else sir?

        Local Public Health Coordinator Position Grant

Roger Emmons: I would like the Commissioners‟ input regarding the materials I gave you from Sharon James, the Head
Nurse with our Health Department‟s Nursing Division as to whether or not you wish to draft a letter to try to extend the
grant funding for the Local Public Health Coordinator‟s position. Again, its grant money but it runs out at the end of
October. That position is currently held contractually by Mr. Frank Hijuelos, and I haven‟t heard back from anybody yet,
so Sharon kind of reminded me about it.

Nova Conner: I would definitely like to write a letter to that effect.

Phil Baxter: Yes, I agree.

Roger Emmons: Okay. That‟s all I have unless any of these other informational items the board wants to bring up. That‟s
at your discretion. If not, that‟s all I have. Thank you.

AUDITOR

        Claims

Don Williams: Mr. Auditor?

Larry Lacer: Auditor, Larry Lacer. I have claims totaling one million three hundred sixty three thousand three hundred
nineteen dollars and forty two cents ($1,363,319.42).

Don Williams: Okay. Has everybody had a chance to look at the claims? What is the will of the board?

Phil Baxter: I move we pay the claims.

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: Aye. Motion carries. Pay the claims.

        Payroll Claim

Larry Lacer: I also have payroll claims totaling three hundred and sixty two thousand three hundred and fifty two dollars
and three cents ($362,352.03).

Don Williams: Do I have a motion to pay payroll?

Phil Baxter: So moved.

Don Williams: Do I have a second?

Nova Conner: Second.

Don Williams: I had two at the same time. Everybody is anxious to get the employees paid. I have a motion made and
a second. All in favor say aye.
       - 13 -       Warrick County Board of Commissioners Meeting Minutes                             September 26, 2007

Phil Baxter: Aye.

Nova Conner: Aye.

Don Williams: Aye. Motion carries.

       Computer Disaster Recovery Plan Letter

Larry Lacer: I have one more thing. In front of you, I laid a package, and it‟s on the disaster recovery plan. I received a
letter from the State Board of Accounts Monday, from Paul Joyce, and there‟s a copy of the letter in front of you. And this
was brought to my attention when they did the audit back in June that it wasn‟t updated, the disaster recover plan.
When they brought it to my attention, I updated it and I passed the copies out to the people involved for them to take it
home and everything and did what was supposed to be done. The only thing I‟m not sure of is if I brought it before the
Commissioners for their approval. That is what I‟m doing now to bring it before you now for your approval, and I also
have a letter that I‟m submitting to Mr. Joyce to let him know that we are fulfilling his requirements. I think everything has
already been fulfilled, but I want to go through it again just to make sure. The only thing that changed on the plan itself is
the date and the name of the employees that are involved in picking the tapes up and putting them in the safe.

Nova Conner: Larry, we have a workshop coming up on a…

Don Williams: This is a completely different issue.

Nova Conner: No. I was just going to make a comment Don.

Don Williams: Go ahead.

Nova Conner: Just a comment.

Don Williams: I‟m sorry. Go ahead.

Nova Conner: Okay. About the cyber incident, that you know, we‟re going to a workshop that we are one of the counties
they have chosen to do a model and saying, “Okay. What are we going to do, you know, if this would happen?” and I
would love to take our plan there and just see, you know…

Larry Lacer: Compare it?

Nova Conner: Yeah. I really would.

Larry Lacer: That‟s fine.

Nova Conner: I just think that would be very interesting if you would be willing to do that.

Larry Lacer: That‟s fine. I didn‟t draft this plan. It was already drafted and all I did was change the dates on it.

Nova Conner: I think it would give us an opportunity.

Larry Lacer: Right.

Nova Conner: We‟re kind of excited to go and see what would happen, what are we going to do and if this would be
appropriate.

Larry Lacer: One thing we will be having once…it‟s already been approved, but I don‟t know when Erik‟s going to get it
installed is called the “SANS Unit.” They are going to have a unit over here in the old courthouse and one in the Judicial
Center Building, and they could have one at the Sheriff‟s station. So, if the Judicial Center was destroyed, all of the
information would be saved over here, so you wouldn‟t have to be on location with it. It could be somewhere else. So,
that‟s already been approved by the Council, the money has been funded. I don‟t know when it will be installed. So,
that‟s going to help us on that recovery plan too.

Roger Emmons: That‟s the “storage area network system.”

Larry Lacer: Right.

Roger Emmons: I know Erik is working on it.

Nova Conner: Great.

Don Williams: Anything else Mr. Lacer?

Larry Lacer: Okay. That‟s all I have. Thank you.

ATTORNEY

Don Williams: Mr. Attorney?

Doug Welp: I don‟t have anything else other than what we have already covered. Thank you.

COMMISSIONERS ITEMS FOR DISCUSSION

Commissioner Williams: Commissioner Conner, do you have anything else?

Commissioner Baxter: I have nothing.

Commissioner Williams: I will entertain a motion.
      - 14 -     Warrick County Board of Commissioners Meeting Minutes                    September 26, 2007

Commissioner Baxter: I move we adjourn.

Commissioner Williams: Do I have a second?

Commissioner Conner: Second.

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

Commissioner Baxter: Aye.

Commissioner Conner: Aye.




                                                                       WARRICK COUNTY COMMISSIONERS

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

				
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