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					                              WARRICK COUNTY BOARD OF COMMISSIONERS MEETING
                                              REGULAR SESSION
                                       COMMISSIONERS MEETING ROOM
                                         107 W. Locust Street, Suite 303
                                               Boonville, Indiana
                                                 April 11, 2011
                                                   4:00 P.M.

The Warrick County Commissioners met in regular session with Don Williams, President, Tim Mosbey, Vice President
and Marlin Weisheit, Member.

President Don Williams called the meeting to order.

Secretary, Angie Leslie recorded the minutes. Auditor, Dixie Dugan was in attendance.



            PC-R-11-03 – Petition of Barrington Development Corp. by Bruce Miller, Pres. To rezone 3.3359
            acres located on the south side of Ferstel Road (S 600) approximately 0 feet West of the intersection
            formed by Ferstel Road and Vanada Road (W 550) being Lots 72 and 73 in Lexington Subdivision. Ohio
            Twp. from “R-2B” Multi-Family Apartment Zoning District to “PUD” Planned Unit Development Zoning
            District with “R-2B” Multi-Family Dwelling classification with a Primary Plat. Advertised in the Boonville
            Standard on March 3, 2011. Recommendation of approval by Plan Commission March 14, 2011.

Don Williams: We‟ll start with some Area Plan Business. Mrs. Rector, would you like to take off?

Sherri Rector: Yes, the first item that we have is Rezoning Petition. It is PC-R-11-03 Petition of Barrington
Development Corporation by Bruce Miller, President. To rezone three point three three five nine (3.3359) acres located
on the south side of Ferstel Road south six hundred (600) feet approximately to zero (0) feet west of the intersection of
Ferstel Road and Vanada Road being Lots seventy two (72) and seventy three (73) in Lexington Subdivision, Ohio
Township from “R-2B Multi-Family Apartment Zoning District to “PUD” Planned Unit Development Zoning District with
“R-2B” Multi-Family Zoning Classification also and with a Primary Plat that was a part of the rezoning application. It
was advertised in the Boonville Standard on March the 3rd. It is a recommendation of approval by the Planning
Commission after the March 14th meeting and we will need an ordinance number.

Angie Leslie: It‟s 2011-08.

Don Williams: Thank you.

Angie Leslie: You‟re welcome.

Don Williams: Do you have anything to say, Sir?

Bruce Miller: Just to refresh the Commissioners on the project, these two (2) parcels of ground were initially proposed
for a Multi-Family Structure which would have been a three (3) family and a five (5) family more of an apartment type of
complex although they were condos. We have, we are requesting a conversion of this to a ten (10) lot section which
will be ten (10) lot individual homes versus a “Multi-Family” structure. In working with the Warrick Area Planning
Commission some ordinances have changed, um, which required us to come back for this request. So I would request
a approval of that this evening.

Don Williams: Okay. Is anyone here to talk for or against the proposed Rezoning Petition? If you would state your
name and your address.

Jeff Gill: My name is Jeff Gill and I live on the corner of Ferstel and Vanada Road. You know, we‟re really not, we‟re
opposed to this, um, if you‟re familiar with the subdivision and you kind of take a step back from it it‟s kind of one of the
farthest out subdivisions you can probably go in the southern part of Warrick County. And we see this coming in with
these brown stones that he got approved, um, you know, personally they just don‟t belong that far out. I mean, west
side of Newburgh I think they would have sold great. He‟s been having problems selling them so now we‟re going to
kind of change our game plan and we‟re dropping down to, what he told us, it‟s a cottage type house. He‟s going to put
five (5) of them right in a row, they‟re going to be six (6) to eight (8) foot apart. Now we‟re dropping down to a
seventeen hundred (1,700) to a nineteen hundred (1,900) square foot house. I‟m not a developer, I‟m not a realtor, I
don‟t know what that does but we‟re sitting across the street with a twenty four hundred (2,400) square foot house.
What‟s this going to do to our property value? He has been kind enough, he said he‟s going to try some evergreens
around one (1) side of it, you know, we‟re just kind of concerned that some of these subdivisions are coming in here
and they‟re just putting as many homes in as they can, um, you know, it‟s…it had a beautiful creek running down
through it with trees and they take all this stuff out and we‟re starting to see… Even the houses being built we were told
are going to be high end houses now it seems like their square footage is starting to drop. I mean, I know we‟ve got
some tough times going on in the housing market but just to say „oh well, I can‟t sell this like I said so I‟m going to have
to start dropping down my square footage so that I can start getting people to buy them. But when it‟s mentioned your
front yard it kind of impacts you. You look out your door and you‟re going to start seeing the back end of cottages right
across the street it‟s just…you know, I mean, I just wanted to say that we don‟t like it. I know there‟s nothing we can
really do. We‟re the only people that live down there. There‟s no other house around, so, that‟s kind of what we‟ve got
to say. Thanks.

Don Williams: Thank you for your input, Sir. Anyone else have anything to say for or against the proposed rezoning?
Any questions from the Board?

Tim Mosbey: I have none.

Don Williams: I‟ll entertain a motion.

Tim Mosbey: I make a motion to approve.
           -2-      Warrick County Board of Commissioners Meeting Minutes                           April 11, 2011

Marlin Weisheit: Second.

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

Tim Mosbey: Aye.

Marlin Mosbey: Aye.

Don Williams: Motion carries. That‟s approving Ordinance 2011-08.

Bruce Miller: Thank you.

            1.      Engelbrecht Place Section 2 Phase 1 by Engelbrecht Development LLC, Allan Holweger,
            Member. ~ Street ($63,215 surface coat; $3,095 guardrail; $2,600 storm sewers) and Sidewalk ($45,816)
            construction. Has had six years. Requesting a one year extension and a reduction. LOC expires

               2.      Engelbrecht Place Section 2 Phase 2 by Engelbrecht Development LLC, Allan Holweger,
               Member. ~ Street ($59,273 surface coat; $2,520 guardrail; $2,300 storm sewers, $10,541.24 striping,
               signage, misc.) and Sidewalk ($19,164) construction. Has had five years. Requesting a one year
               extension and a reduction. LOC expires 5/15/2011.

Sherri Rector: The next item I have on the agenda is Request for Extension of Letters of Credit. Englebrecht Place
Section 2 Phase 1 by Engelbrecht Deveopment LLC, Allan Holweger, Member. Streets we currently have sixty three
thousand two hundred and fifteen dollars ($63,215.00) for the surface coat, three thousand ninety five ($3,095.00) for
guardrail, two thousand six hundred dollars ($2,600.00) for storm sewers and sidewalks we have forty five thousand
eight hundred sixteen dollars ($45,816.00). He has had six (6) years, he is requesting a one (1) year extension and a
reduction. Not quite what the reduction is, um, do you want me to do the next phase also or do each one (1) at a time?

Don Williams: Let‟s take them one (1) at a time.

Sherri Rector: Okay, you do have in your packet the request from Mr. Holweger for the extension; you also have
correspondence from Metzger‟s and numbers that were submitted by Utilities Consulting.

Don Williams: Gentlemen, you have the floor.

Allan Holweger: Yeah, what we‟re doing is we‟re going to…I contracted with Metzger about the first of March to do the
bulk of the top coating but due to the weather and everything we‟ve not had the opportunity to get the work done yet. I
had Harland send me a letter stating that this subdivision work would be done on or before May 2nd of 2011 as long as
the weather‟s permitting. And I‟ve contracted with them to do everything except for Taylor, the top coat on Taylor
because of all the condo‟s that we‟re building in there right now. Basically other than that all the rest of the streets are
going to get their final coat of black top put on them and then I‟ve got contracted with Metzger. So, basically what it
boils down to is Metzger is saying it‟s going to take twenty six thousand dollars ($26,000.00) to finish Taylor and going
out to Park Drive north of Andrea which we‟re actually doing that so from Taylor Drive going east and north to Vann
Road is basically all we‟re not going to be doing. So we‟re looking at roughly the twenty six four ($26,400.00) for that
and then we‟ve got roughly seventeen thousand dollars ($17,000.00) worth of sidewalks yet to put in which a lot of them
are going to be put in this year so that will be reduced yet this year and then once we get all the condo‟s put in that
we‟ve got contracted out for them this fall, hopefully we‟ll finish Taylor up yet this year.

Don Williams: Did you mention the guardrail?

Allan Holweger: No, I have not.

Don Williams: What are your plans there?

Allan Holweger: We‟ll have to bring that up at a different time. I‟ve got some issues with the people living there and
that‟s something we‟ll have to discuss later and I‟ve not got a…from them. A lot of the people are upset over it in the
neighborhood and everything and I have not been able to…other than a phone call. So I want to follow up in that
further before I did them this fall.

Don Williams: Do you have anything you‟d like to say, Ms. Rector, before I talk to the Engineer?

Sherri Rector: I believe that you all know what it states in the Subdivision Ordinance that, um, the only thing it says in
there is that a Developer has to supply a Letter of Credit or a Cashier‟s Check for any improvements that are not

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

Bobby Howard: Well, I guess first, the letters we have…the Engineer didn‟t sign off on the dollar amount so I really
don‟t have a dollar amount of what‟s requested except for the surface for that remaining section of Taylor and Andy that
he quoted there is from the Contractor. And then there‟s some guardrail costs, some swell costs that were listed before
and with the improvements not being done as of yet I can‟t really put a dollar amount on to say those are complete and
ready, you know, that we can reduce it to a certain dollar amount. I can‟t really make that recommendation per the

Don Williams: What about the Extension? Do you have any problems with the Extension?

Bobby Howard: No.

Don Williams: Okay, any questions from the Board?
           -3-       Warrick County Board of Commissioners Meeting Minutes                          April 11, 2011

Bobby Howard: The sidewalks will be able to be reduced. Again, if I had a signed off letter from their engineer on what
the sidewalk costs should come to, he has installed more sidewalks since the last time.

Jim Biggerstaff: I think the question is we‟re down to a certification of what work needs to be completed and if you‟re
willing to accept the Metzger Contract for the surface and everything then that would be a deduct on our Letter of Credit
which would reduce his total amount. So that‟s kind of where we‟re at, you know, with his total improvements that he‟s
putting out here that‟s under contract with Metzger, complete those improvements, well that would be a reduction of
Letter of Credit if that works completed. So, the question to you all is that acceptable to extend that to that time of
completion for the reduction of the dollar amount which would be all the surface and the streets. And what they are, I
mean, it‟s Joseph Court, Andrea Court, Elizabeth Court, Trey Court…it‟s all these roads that are in there that needs a
surface coat and that‟s the major part of the dollar amount.

Allan Holweger: I tried to contract it early enough to get it done so I wouldn‟t have to…but just because of the weather
and the cold Metzger didn‟t have the opportunity to get it all done. We‟ve got all the patching done and everything, it‟s
ready to go now we just have to lay it.

Jim Biggerstaff: When is the Letter of Credit due?

Sherri Rector: This Letter of Credit expires on this section this month on the 30th.

Jim Biggerstaff: April 30th.

Allan Holweger: And then the other ones the 15th (May) and like I said in his letter he‟ll be done with everything by the
2nd. And then on the sidewalks we have a letter…the estimate of seventeen thousand dollars ($17,000.00) to finish the

Bobby Howard: Right, I don‟t have a signed letter by your engineer for that also uses the six dollars ($6.00) a foot and I
think the last estimate was twelve dollars ($12.00) a foot.

Jim Biggerstaff: Twelve dollars ($12.00) and we‟ve…

Allan Holweger: I‟ve got it contracted for less than six ($6.00) so used six ($6.00) for that number.

Bobby Howard: We‟ve always held the twelve dollars ($12.00) a foot for our work unless they give me a quote. If you
can give me a contractor‟s quote that they‟re willing to do it for that we might be able to…

Allan Holweger: I can get that.

Bobby Howard: I‟ll have to check the ordinance but I think with a contractor‟s quote you‟d add ten percent (10%) when
you use a contractor‟s quote instead of an engineers estimate.

Allan Holweger: Which I can get you that, that‟s not a problem.

Don Williams: Any questions from the Board on Phase I? What‟s the will of the Board? You need a year extension is
what you‟re asking for?

Allan Holweger: No, I‟m asking for by May 2nd all of this is going to be done so I want to be able to reduce…right now
it‟s one hundred fifty thousand dollars ($150,000.00) and I want to reduce it down to the twenty six four forty one
($26,441.00) for the…

Don Williams: You‟re talking about Phase I and Phase II?

Allan Holweger: Yes. Well Phase I is going to be one hundred percent (100%) done.

Tim Mosbey: Other than the sidewalks.

Allan Holweger: Other than the sidewalks. We‟re going to completely do all the black topping in Phase I.

Jim Biggerstaff: And we really need discussion on this guardrail as to what your wishes are on that.

Allan Holweger: That‟s another time.

Jim Biggerstaff: Yeah, okay.

Allan Holweger: We‟ve got the numbers there I‟ve got no problem just redoing them until we get…

Jim Biggerstaff: Okay.

Allan Holweger: So basically Phase I what we‟re asking, the eighty one thousand ($81,000.00), that‟s all going to be
done. That‟s contracted to Metzger, he‟s already done all of the pre-work so all he‟s got to do now is to get in and lay it.
But the weather‟s not been good and he‟s saying in his letter that by May 2nd he‟ll be one hundred percent (100%) done
with all of it. Which I think I gave you all a letter. Metzger said he‟s contracted with me to do it, just that the weather‟s
not been favorable for them to get it done. Normally by now it would have been done but the weather‟s just been too
cold and too wet.

Don Williams: I guess my question is how are we supposed to come to a conclusion on the reduction without anything
from your engineering saying what it‟s going to cost.

Allan Holweger: Well, we gave you the Metzger that‟s why. I gave you what it‟s going to cost through Metzger. These
are my contracts from Metzger, what I‟m paying Metzger to get it done.

Don Williams: To do this, to get a reduction before work is complete you‟d be asking us to break our law.
           -4-       Warrick County Board of Commissioners Meeting Minutes                            April 11, 2011

Allan Holweger: Well I‟m not asking…all I‟m asking for you to do is let me get through the end of the month and see
where we‟re at with Metzger because by then he may have it all one hundred percent (100%) done. The Letters of
Credit now are three percent (3%) so, I sold another piece of property that I‟m going to try to take and get with Metzger
and I worked a deal with them to get it done.

Don Williams: I personally have no problem at all with the extension.

Allan Holweger: Okay, so basically if I get the one (1) year extension…I‟ll be done with it by then…let‟s put it this way…

Don Williams: The problem is giving the reduction before work is done. I don‟t know when we‟ve ever done that before.

Allan Holweger: Well I just want…basically what I‟d…I just don‟t want to go ahead and get the work done and by the
end of the month and then have to get a Letter of Credit at three percent (3%) and then the works going to be done by
the end of the month. That‟s all…that‟s where it is, you know, so…it‟s three percent (3%) and I just, I mean, that‟s why
I‟m doing what I‟m doing so I can try to save me three percent (3%) on one hundred and some thousand dollars.

Don Williams: I understand, Commissioner Mosbey, do you have something…

Tim Mosbey: I just have a question, I just looking…I mean, the Letter of Credit doesn‟t expire until April 30th, they‟re
saying they can get it done by May 2nd.

Allan Holweger: And then you‟ve got the second one for Phase II, it isn‟t due until May 15th so we still have that as a
backup if I don‟t get it all done by May 2nd.

Tim Mosbey: But can‟t you get a letter…I mean, I‟m like Don, we can‟t break our own rules, a guy can get a Letter of
Credit for thirty (30) days or forty five (45) days.

Allan Holweger: That‟s three percent (3%). That‟s what I‟m trying to avoid. It‟s three percent (3%) if I do it for a day or
for a year. I‟ll cost me three percent (3%). That‟s why I contracted back with Metzger so early so I could be the first
one to get it done. I was just trying to save money because that‟s all…

Tim Mosbey: I totally understand but how are we supposed to break our own laws.

Allan Holweger: Well I‟m not asking you to, I‟m just asking for me to wait until the end of the month or May 2nd…then
I‟ve got between then and the 15th to carry over then if it‟s not done then I‟ll have to bring it to you by May 2nd or April
30th and Metzger will just try to push to get it done. And if it‟s done then I‟d like to have it…say that it‟s done I don‟t want
to give you a Letter of Credit if it‟s already late. Does that make sense?

Tim Mosbey: No.

Jim Biggerstaff: And by additional certification as long as we know what everybody‟s agreed on.

Bobby Howard: I mean, we‟d still be holding Letter of Credit for guardrail and sidewalks…

Allan Holweger: Right and you‟re still going to have the other one for…

Bobby Howard: Well, even on Phase I there are some guardrails.

Jim Biggerstaff: Yeah, right.

Bobby Howard: So you‟re still going to be holding a small…I mean, it‟s a smaller Letter of Credit but…

Allan Holweger: So I‟m going to have to get one anyway but I wanted to get what I could done and then get a smaller
one and then just bring you one for everything that‟s not completed by May 2nd.

Don Williams: Do you have anything, Commissioner Weisheit?

Marlin Weisheit: No, I‟m trying to understand it as well.

Don Williams: What‟s the will of the Board? What do you Gentlemen want to do?

Tim Mosbey: Well, I‟d like to try to work this out I‟m just looking at the calendar and looking at dates here…

Don Williams: We have a Board meeting before Phase I before the Letter of Credit expires. If we wait to take action
until then and we decreed that he has to renew his Letter of Credit it takes him about two (2) weeks to do that.

Allan Holweger: I get mine overnight. I mean, I can get it…my bank would give it to me…one thing we‟ve got as a
backup you‟ve still got my Letter of Credit for Phase II that‟s…that work should be done by the first of May but you‟ve
still got a Letter of Credit for eighty thousand dollars ($80,000.00)…

Don Williams: That‟s why I wanted to take them separate because Phase II is not quite as critical.

Allan Holweger: Yeah, but if it‟s all done Phase II will be done and Phase I you‟re still going to have this Letter of Credit
for eighty thousand dollars ($80,000.00) from May 2nd to the 15th but if I don‟t get it done you‟ve still got that.

Jim Biggerstaff: Is Phase I the one that‟s due?

Allan Holweger: Yeah.

Tim Mosbey: Well it‟s due April 30th.

Jim Biggerstaff: And what‟s the other one?
           -5-       Warrick County Board of Commissioners Meeting Minutes                             April 11, 2011

Tim Mosbey: And our next meeting is on the 25th so maybe in two (2) weeks Metzger…you know, we‟re trying to
work…maybe they can get something done by the 25th and we‟ll put you back on the agenda for the 25th and then we
can see where we‟re at on that money.

Allan Holweger: Okay. Yeah, cause I can get my letter if you need it, I mean…

Don Williams: If he gets the paving and our engineering has some dollars to reduce it to, I mean, that‟s the problem

Tim Mosbey: You would need to stay in touch with the engineer before our meeting on the 25th if any progress has
been made.

Jim Biggerstaff: We can‟t reduce the dollar amount unless the works done because that‟s what the certification stands
for, you know, we‟ve got to certify that works done so until that…

Tim Mosbey: Right but he‟s asking us for a reduction and we can‟t reduce because the work hasn‟t been done.

Jim Biggerstaff: But I understand that, yeah, and if that works done…

Tim Mosbey: And by the 25th maybe it will.

Allan Holweger: Right.

Jim Biggerstaff: Then we can get it taken care of.

Don Williams: Now we can table this until the 25th.

Tim Mosbey: Yeah, that‟s what I was proposing.

Don Williams: See if we can get the work done…

Tim Mosbey: And tell Harlan to hurry up.

Don Williams: But the bottom line is on the 25th, you know, we‟re either going to have to get the Letter…

Allan Holweger: But if I get Phase I done don‟t I still got Phase II but I‟m still, so I‟ll just tell Harlan to concentrate on…

Tim Mosbey: We‟ve got a meeting on May 9th and that would happen before the 15th is when that one expires so you‟re
still covered for that Phase II.

Allan Holweger: Like I said, I‟m on contract I just…

Bobby Howard: Sherri, the only cautionary thing in that is that if his Letter of Credit is not able to get a new one in three
(3) days we would have to…

Sherri Rector: If he doesn‟t have it done on the 25th, on Friday the 29th I will have to go down and draw the current
Letter of Credit at its current amount.

Tim Mosbey: But he said he can get a Letter of Credit overnight.

Sherri Rector: Well, Bobby was asking me what that meant.

Bobby Howard: I was wanting to make sure everyone‟s clear on what would have to occur.

Allan Holweger: Yeah, my bank knows…

Tim Mosbey: You understand that?

Allan Holweger: Oh yeah…

Tim Mosbey: She would have to draw it on the 29th.

Allan Holweger: Yeah, but my personal bank said if I need it he‟ll fire it to me but we were just trying to save the three
percent (3%) that‟s why I wanted.

Don Williams: We understand.

Tim Mosbey: And we‟re trying to save you the three percent (3%) if we can get this work done. In that case I‟d make a
motion to table item number one (1) and item number (2), B1 and B2 until the April 25th meeting.

Marlin Weisheit: Second.

Don Williams: I have a motion and a second. All in favor say aye.

Tim Mosbey: Aye.

Marlin Weisheit: Aye.

Don Williams: Motion carries.

Allan Holweger: That works, thanks guys.
           -6-       Warrick County Board of Commissioners Meeting Minutes                        April 11, 2011

Sherri Rector: So you did both of them right?

Tim Mosbey: Yeah.

Sherri Rector: Okay.

Tim Mosbey: Just to speed the meeting up.

Sherri Rector: Okay, thanks. That‟s all I have, thank you.

Don Williams: Okay, thank you.


       Jim Heck ~ Grow Southwest Indiana Workforce Update

Don Williams: We have some Items for Discussion; we have Cheryl Musgrave with us who‟s the Executive Director of
Workforce Development. Now I had Jim Heck here on my list…

Tim Mosbey: He‟s on our agenda.

Jim Heck: Actually Cheryl‟s with me so…

Don Williams: I did have you on my list but she came up and said hi I just kind of scratched you out.

Jim Heck: I don‟t blame you I‟d kick me off for her too.

Don Williams: Go ahead, Sir.

Jim Heck: Okay, thank you, I appreciate you giving me this time to give you a little update about Grow Southwest
Indiana Workforce which is really the Work One System in this nine (9) county region. Lindsey‟s going to hand to you a
couple of things. One (1) is our annual report for last program year, end of the end of June last year. Want to make
sure that you guys get a copy of this annual report so you can see what we do in this region for Workforce

Don Williams: Did we pass this out in our meeting in Vincennes?

Jim Heck: At the meeting you were at you got one (1) of these copies, Don.

Don Williams: I was going to say I think I‟ve got a copy.

Jim Heck: Yeah, you‟ve already got a copy.

Don Williams: I was at the meeting, thank you. Don‟t need two (2). Unless Roger wants one (1).

Roger Emmons: I‟ve got one (1), she gave me one (1).

Marlin Weisheit: Do you want one (1), Adam?

Adam Long: I‟ll take one (1) just to look at.

Don Williams: There you go, give our Attorney one (1). He doesn‟t have enough to do, he can read that.

Jim Heck: We have plenty, believe me. Um, the other thing I wanted to report to you on, a couple of things, one (1) is
the last time I talked with Don this region was making a decision whether to remain as a Regional Workforce Board or
to become its own Workforce Investment Board. At the time the local elected officials and Don was one of them that
agreed, he wished our region to remain a Regional Workforce Board. That was a unamous vote of all the elected
official in a nine (9) county region so we did remain and let the State know that we remained as a Regional Workforce
Board. What that means for you guys is we‟re still a fifteen (15) member board and that Warrick County has one (1)
business appointment of that board. Currently it‟s Marcus Anderson from ALCOA. Marcus does a great job, he‟s a
good representative for you guys and that…we will remain that going forward. And Cheryl will talk to you a little bit
about the reproductions, what we‟ll do with that but the other thing I wanted to talk to you about before we get to that is
you‟ve got a save the date in front of you. Every year we‟re required by law to have an annual meeting of the local
elected officials in our nine (9) county region. This year it will be on May the 12th, it‟s at the Wilder Center in Oakland
City, that‟s right on 64. And I think you were there, Don…

Don Williams: I was there last time.

Jim Heck: It starts at 8:00 a.m. central time. Don stays in touch, he does a good job.

Tim Mosbey: I‟ve never been invited.

Don Williams: I‟ll invite you.

Jim Heck: We start at 8:00 a.m., we‟ll feed you breakfast you‟re all welcome to come, it‟s an open meeting, we‟ll have
clients there as well as businesses to talk about what we‟ve done throughout this region. Also at that time we‟ll talk
about our State plan. We‟re required by the State to…and we‟ve only got one (1) of those copies because it‟s a very
lengthy document. Our board and our staff put that draft together and now we‟re looking for local elective official input.
We will publish this to our website and you‟re welcome to make comments there but we want to give you the
opportunity between now and that May 12th meeting to look that document over, it‟s in draft form now, and it won‟t be
completed until you guys have looked at it. You‟ll have a chance to look at it, the public will have an opportunity to give
us comments on it but that‟s our plan for Work Force Development in this nine (9) county region. And on May the 12th
           -7-      Warrick County Board of Commissioners Meeting Minutes                          April 11, 2011

well make sure that you have the most up to date copy of that that you can look at that and give us any other feedback
that you would like to give us on that document. Going back to Cheryl, when we decided to remain a Regional
Workforce Board we became one (1) of four (4) Regions in the State of Indiana and there are twelve (12) Regions. One
(1) of the four (4) that remained a Regional Workforce Board. Those four (4) Regions are now bound together as a
Workforce Investment Board and coming on July 1st there will be a new Workforce Investment Board consisting of those
four (4) Regions put together and that‟s what Cheryl‟s doing. She‟s the Executive Director of that so I‟m going to let her
talk about what she‟s doing with that new Workforce Investment Board.

Cheryl Musgrave: As Jim said the Workforce Investment Board will get started on July 1st and it‟s comprised of regions
five (5), eight (8), nine (9) and eleven (11) and you can see them on your map there. Its thirty five (35) counties and it‟s
spread pretty widely throughout the southern portion of the state. My job as Executive Director is right now is to surface
members for that board so I‟m here to ask you if you can nominate some members for the Board and I can get you
anymore information that you might need. All the members will be appointed by the Governor. Half of the Board will be
comprised of owners of business. That‟s your biggest opportunity for nominating a member to the board although there
are several very defined seats like Educational Representatives, Economic Development Representatives, American
Indian Representatives, several very define seats but the twenty (20) business representatives is where I‟m mainly
asking for your help. If you would look to the largest employer in this whole region or the business type that is
expanding the fastest and nominate someone from that area as he said you all ready have ALCOA serving on the
Regional Board, this board will be on a level above that board and expanding four (4) regions. So somebody from
ALCOA could still be considered appropriate or you can go to a different industry just as long as they‟re one of the
biggest. That is those who hire the most employees. Those are the employers who have the most at stake in
Workforce Development and that is what this board will be doing. So, I can answer any questions.

Tim Mosbey: If we come up with ideas of someone to nominate just email them to you?

Cheryl Musgrave: Uh-ha, and if you can do that before the end of April and then sooner the better that would be good.

Don Williams: We could make the same person that‟s on our Regional Board?

Cheryl Musgrave: You could but it would really upset Jim.

Don Williams: Why is that?

Cheryl Musgrave: He does not want me to take all of the members from his board. But I‟ll let him speak for himself on

Don Williams: Could they not serve on both Boards?

Jim Heck: They absolutely can serve on both Boards, Don.

Don Williams: To me that would provide a lot of continuity.

Jim Heck: The only thing that I would caution is Marcus having worked with him the last couple of years because he‟s
been your representative for quite a awhile, he‟s extremely busy and I don‟t know if he could make both of those
Boards. And, I mean, if you prefer him for that you could ask him if he wanted to do both and I would not object but it
would be taking up a lot of his time.

Cheryl Musgrave: Let me also tell you that Paula Pinkstaff who‟s from Toyota is currently the president of his Board.
She has indicated to me that she would like to resign from that Board if she was put on this Board and then also the
Vectren Representative has said the same thing except for the resignation part so he‟s already; I‟m already taking
maybe two (2).

Don Williams: So this is a district appointment?

Tim Mosbey: Yeah.

Cheryl Musgrave: Yeah, yeah.

Tim Mosbey: I want to know where everybody‟s going to go that‟s in District 10 (ten). It kind of skipped over ten (10).

Cheryl Musgrave: Well, they chose to remain…

Jim Heck: They chose to remain their own Workforce Investment Board.

Cheryl Musgrave: Yes they did, yes.

Tim Mosbey: Okay.

Cheryl Musgrave: Send me a resume; send it to me before the end of April. A board member could expect to spend a
day a quarter on this. I‟m hoping that the Board will decide to have quarterly meetings and I‟m hoping that the Board
will decide to rotate the meetings throughout the district.

Tim Mosbey: I don‟t want to stay in Marion County ever meeting.

Cheryl Musgrave: Marion County is pretty far away from here.

Tim Mosbey: Yeah.

Don Williams: So if the individual from Toyota went on the Regional Board that would leave a hole from Toyota?

Cheryl Musgrave: That would what?

Don Williams: It would leave a spot.
          -8-      Warrick County Board of Commissioners Meeting Minutes                       April 11, 2011

Jim Heck: Yeah, if Paula decided to resign from our Board I would go back to the local elected officials in Gibson
County and ask them for their new appointment.

Don Williams: So you‟re looking for a individual from Warrick County from us? From our biggest employer?

Cheryl Musgrave: Or a fast growing industry.

Don Williams: Not Marcus.

Jim Heck: Not Marcus.

Cheryl Musgrave: And all the nominations will be collected, the Governor will pick, um, the appointments from that pool
of nominees.

Tim Mosbey: Okay.

Don Williams: Okay.

Cheryl Musgrave: Alright, thanks.

Don Williams: Thank you.

Tim Mosbey: Thank you.

       IPSC Two Site Add-on ~ Notice of Final Acceptance, Motorola, Inc., Contract #09-16101/CB; Project #IN-

Don Williams: We have another Item for Discussion, the IPSC Two Site Add-On, Notice of Final Acceptance, and

Roger Emmons: Dallas Scott, EMA Director will speak to that and we do have the form that‟s been signed by Brian
Hepp, the Motorola Project Manager.

Dallas Scott: Dallas Scott, EMA Director. Motorolla is requesting the Final Acceptance on both the Boonville and
Yankeetown 800 MG Sites. All the works completed, they‟re up and running and functional and working well.

Don Williams: By working well you mean we finally have total county coverage pretty much?

Dallas Scott: We do.

Don Williams: That‟s great.

Dallas Scott: We do. Very good coverage.

Don Williams: Does somebody have that paperwork? Do you have that paperwork, Roger?

Roger Emmons: Yes I do.

Don Williams: Do we each need to sign it?

Roger Emmons: No, it‟s just the President‟s signature. I would approve it by motion.

Don Williams: Okay, entertain a motion to approve the Final Acceptance for the site two (2).

Tim Mosbey: So moved.

Marlin Weisheit: Second.

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

Tim Mosbey: Aye.

Marlin Weisheit: Aye.

Don Williams: Motion carries, thank you Gentlemen.

Dallas Scott: Thank you. I might ask Roger, did you get on these three (3) Change Orders did you get that…?

Roger Emmons: Yeah, that‟s been taken care of, they‟ve been paid.

Dallas Scott: Okay, because on all these Change Orders they keep adding it onto the contract so we want to make
sure the final contract is just the original.

Roger Emmons: I know they do but I communicated with them and it‟s actually not. Our Lease Purchase Payments
are not changing.

Dallas Scott: Okay. I just wanted to be sure.

Roger Emmons: Okay.

Dallas Scott: Okay, thanks.
           -9-       Warrick County Board of Commissioners Meeting Minutes                        April 11, 2011



       Stonehaven Area Sewer

Don Williams: Alright, let me find Rogers massive sheet.

Roger Emmons: Thank you, Mr. President. The first item I have is the Stonehaven Area Sewer Project. When will it
ever end? We‟ve issued eighty four (84) Tap Certificates as of this morning we only have twenty seven (27) left to go
and we‟ll finally get rid of all of those.

       Use of Courthouse for City of Boonville Primary and General Elections

Roger Emmons: The second item I have listed on the agenda has to do with the use…well, it‟s stated as “Use of
Courthouse for City of Boonville Primary in General but it‟s actually for Indiana Code as County Executive you‟re
approving the polling places. Then people at those sites give approval to them for using it so I‟m asking you to approve
Boon four (4) which is the Courthouse basement northwest entrance, and Boon six (6) which is St. Clements Social
Hall. You approve those by motion they‟ll get advertised in the local papers prior to the primary.

Tim Mosbey: I‟d like to make a motion to approve Boon four (4) to use the Courthouse Basement and Boon six (6) to
use St. Clements Social Hall for the Boonville Primary Election.

Marlin Weisheit: Second.

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

Tim Mosbey: Aye.

Marlin Weisheit: Aye.

Don Williams: Motion carries.

Roger Emmons: Thank you. I have a few other items.

Don Williams: You only have two (2) listed on the agenda here.

Roger Emmons: I know.

Don Williams: You need to keep track of how many…

Roger Emmons: If you want I‟ll bring these all back on the 25th.

Don Williams: No, no, no, no…you go right ahead, Sir.


Roger Emmons: Okay. The first item I have is a request for Family Medical Leave. This is from an employee who had
his first FMLA earlier this year that established his rolling twelve (12) month period. He‟s already used five (5) weeks of
that so he‟s only got seven (7) weeks that he can use and we‟ll have to change the date of return from September 5 th of
this year to July 25th and I think the employee will probably submit a request for the Commissioners for an unpaid leave
of absence pursuant to the employee handbook on page sixty one (61). So right now I just need a motion to approve
the leave. All the forms are in place with the proper signatures, it is a Highway Department Employee.

Tim Mosbey: But it needs to change the dates.

Roger Emmons: Yes, yeah you need to make that notation that it‟s approved subject to return to date being July 25 th of
this year.

Tim Mosbey: I make a motion to approve the FMLA leave request pending on we change the date to July 25th, the
return date.

Marlin Weisheit: Second.

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

Tim Mosbey: Aye.

Marlin Weisheit: Aye.

Don Williams: Motion carries.

Larry Barr: Mr. President, I have a question on that if I‟m permitted to. Um, does he need to…do we need to submit a
request then for our or do you have that on there, Roger? A leave of absence without pay until…I think his comeback
date was going to be 8-29 I believe.

Don Williams: 9-5.

Roger Emmons: In the original request he had September the 5th.

Larry Barr: Okay…

Don Williams: If he needs past the FMLA time then he would have to submit a request for unpaid leave through you.
          - 10 -     Warrick County Board of Commissioners Meeting Minutes                       April 11, 2011

Larry Barr: Unpaid leave, okay, maybe I can get that…

Don Williams: That would be fine.

Roger Emmons: The unpaid leave will be from July 25th until whenever he thinks he‟s coming back.

Larry Barr: Okay, thank you.

Don Williams: Would we want to go ahead and do that or perhaps he would be okay?

Roger Emmons: Well, he‟s supposed to submit it in writing but it‟s up to the Board.

Don Williams: But I mean it doesn‟t have to be done now?

Tim Mosbey: No.

Roger Emmons: No, it does not.

Don Williams: He might decide he doesn‟t need that extra two (2) months.

Larry Barr: Well, he‟s, I forget…is he getting a knee replacement?

Roger Emmons: Yeah, given the nature of his leave he‟s probably going to need at least a few extra weeks past that

Larry Barr: Yeah, he‟ll need almost all of it, yeah. But I‟ll have, we can submit a letter, have him submit a letter in
request to do that. Thank you.

Roger Emmons: Next item has to do with…it‟s a highway item actually but I‟m going to present it because of
discussions with Larry, um, Ackerman Oil Company, Inc. is a business out of Jasper and Larry would like to start doing
business with them as soon as possible, they‟re getting low on oil out there.

Larry Barr: That is correct.

Roger Emmons: And we have a credit application to establish the account and I want to get the Board‟s approval
before I submitted that.

Larry Barr: I would tell the Board that we‟ve contacted Mr. Grassman, Joe Grassman, about this if it‟s a bid item or
what and he said it was not a bid item. He recommended getting three (3) or four (4) quotes and we did. They‟re out…I
can get them to you, but Ackerman was the lowest quote of what we felt was comparable products.

Tim Mosbey: I would recommend Roger going ahead and filling out the application.

Marlin Weisheit: Second.

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

Tim Mosbey: Aye.

Marlin Weisheit: Aye.

Larry Barr: Thank you.

Roger Emmons: I‟ll get that tomorrow, Larry.

Larry Barr: Okay. Thank you.

Roger Emmons: The next item, I‟m sorry, it‟s submitted by the Auditor‟s Chief Deputy, Allan James, it‟s regarding a
fixed asset notification form for a Flink Sand/Salt Spreader for the purpose of disposing it, scrapping it. And the VIN or
Serial Number is 5722 it‟s a model 10LM 6.5. This should be approved by motion. And I assume, Larry, you‟re well
aware of this?

Larry Barr: Yes.

Roger Emmons: So it‟s in pretty bad shape?

Larry Barr: Yes.

Adam Long: Is it going to be scrapped or…?

Larry Barr: Yes.

Don Williams: It‟s in very bad shape.

Adam Long: Well it said disposal or scrapping and those where two (2) completely different…

Larry Barr: Yes, it will be scrap.

Marlin Weisheit: I‟d make a motion that we go ahead and scrap the salt and sand spreader.

Tim Mosbey: Second.
           - 11 -    Warrick County Board of Commissioners Meeting Minutes                         April 11, 2011

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

Marlin Weisheit: Aye.

Tim Mosbey: Aye.

Don Williams: Do we have to declare that asset?

Adam Long: I don‟t believe so…scrap is considered to be junk.

Roger Emmons: Instead of disposing it. Next item, earlier in the year the Board approved amending the surgical
treatment of morbid obesity in our plan and that goes back to a March 2 nd email from Dave Waltz, our Broker, with the
details of that change. And I have the confirmation of the benefit changes. It‟s effective, it goes back to January 1 st of
this year, and I can read those if you want me to but the stipulations are there in front of you…well, maybe not. Thirty
thousand dollar ($30,000.00) maximum benefit per procedure including related pre and post surgical testing and visits.
Complications from the surgery will not be covered. Procedure will require a five hundred dollar ($500.00) co-payment
and then will be subject to deducible and co-insurance. So I think we‟ve got everybody notified that was in the process
of this and the coverage after June 30th of this year surgical treatment of morbid obesity will no longer be covered
pursuant to this benefit change. It has a signature block for President Williams.

Tim Mosbey: I make a motion we allow President Williams to sign the paper.

Marlin Weisheit: Second.

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

Tim Mosbey: Aye.

Don Williams: Aye.

Marlin Weisheit: Aye.

Roger Emmons: This next item was discussed at a previous meeting, however, the only actions taken at that meeting
were to cancel the insurance on them and allow them to be stored at the highway department storage lot. I couldn‟t find
in the minutes where the Board declares these units a surplus and available for the next county election. And I think we
ought to have that…

Tim Mosbey: Next county auction.

Roger Emmons: County auction.

Tim Mosbey: You said next county election.


Roger Emmons: Oh well, we‟re going to auction them off.

Don Williams: We elect to get rid of them.

Roger Emmons: Anyway, it‟s a 2001 Ford Crown Vic. and the VIN (2FAFP71W31X152218)…Angie has it for the
record, the other one is a 1994 Chevy S-10 (1GCCS1421R8191755) and I would request you approve that by motion.

Don Williams: I‟ll entertain a motion.

Tim Mosbey: I make a motion we declare the 2001 Ford Crown Vic. and the 1994 Chevy S-10 as surplus and make
them available for the next county auctions.

Marlin Weisheit: Second.

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

Tim Mosbey: Aye.

Marlin Weisheit: Aye.

Don Williams: Motion carries.

Roger Emmons: The next item has to do with surplus engineer‟s equipment and a request for that equipment be made
for donation by Stranger‟s Rest Lodge number two forty (240). Ten (10) years ago there was a LCD Projector
purchased for the Engineering Department. At that time it listed for forty eight hundred dollars ($4,800.00) in the year
2000. It is now obsolete due to all this new equipment in here with the projector and everything and the power point
and what not. Um, Bobby went on Ebay to find a current value, he found one (1) for one hundred seventy five dollars
($175.00). Subsequent emails back and forth with Adam he commented that there is a State statute. It allows the
county with our population; we‟re between fifty five and sixty five thousand ($55,000.00-$65,000.00). You can either
sell or transfer it to a non-profit corporation created for educational recreational purposes and Mike Clark who is with the
local lodge has told me that they‟re registered with the Assessor‟s Office as a not-for-profit/tax exempt organization and
I don‟t know, I‟ll have to defer to Adam to see if we need anything in writing from them to prove that. Supposed to get
the Commissioners decision whether you want to do it this way or to sell it to them. Wasn‟t that correct, Adam? They
could also…

Adam Long: They have the option to sell it or you could donate it if they‟re created for educational purpose.

Don Williams: We‟ve donated a lot of things to non-profits over the years. A whole group of computers and things like
          - 12 -     Warrick County Board of Commissioners Meeting Minutes                          April 11, 2011


Adam Long: I think that statute is ridiculous but at the same time we fit right into it. For it to cap…between the fifty five
and sixty five thousand ($55,000.00-$65,000.00) there‟s only a few counties I‟m sure that can do that. So…

Don Williams: We‟re right in the middle. Okay, what‟s the will of the Board?

Marlin Weisheit: I‟ll make the motion that we donate this projector to the Strangers Rest Haven Lodge here in
Boonville, a non-profit organization.

Tim Mosbey: Second.

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

Tim Mosbey: Aye.

Marlin Weisheit: Aye.

Don Williams: Motion carries.

Roger Emmons: Thank you, Gentlemen. The next item, um, at the last meeting you recommended the Sherriff solicit
quotes for the spring servicing of the air conditioning units and the condensers out at the Sherriff‟s office and jail.
Johnson Control submitted one (1) for two thousand eighty eighty ($2,088.00) but subsequently we found out that
they‟d already been paid for a calendar year 2011 psa for the jail and the Sherriff‟s not here but, do you know anything
about it, Paul? Anyway, I‟ll have to call Sheriff Kruse and find out. It seems to me that that agreement that‟s already
been entered into and paid for, that should have also covered the spring preventive maintenance.

Tim Mosbey: Yeah.

Don Williams: It should…

Adam Long: Did anybody look to see if that was done last year.

Don Williams: It‟s done every year as far as I know.

Adam Long: Every year we have to receive bids according to that agreement?

Don Williams: No.

Tim Mosbey: I think the past Sherriff has just been signing a contract.

Don Williams: I think the reason here was we were not aware that the contract had an automatic overlap.

Marlin Weisheit: Renewable date.

Roger Emmons: By the time we got it it was it was…we were past the notice requirements.

Tim Mosbey: Right.

Roger Emmons: We didn‟t have enough time.

Don Williams: I think…

Roger Emmons: So anyway, that‟s basically information. I‟ll find out from Sheriff Kruse about that tomorrow.

Don Williams: I think we‟d be wise as a Board not to approve any contracts period that didn‟t have those kind of
automatic renewal statements in them.

Adam Long: I agree with that. One (1) question I do have though if we‟re going to ask…if that‟s going to cover that
spring maintenance is what did that five thousand two hundred nineteen dollars ($5,219.00) get?

Don Williams: Right. Well, I think…

Adam Long: If we‟re paying that according to the contract and the contract says they‟re supposed to do that then they
give us a quote for two thousand eighty eighty dollars ($2,880.00) for services that should be included in the contract
that could be considered breach and that could give us a way to get out of it.

Tim Mosbey: I think that…

Roger Emmons: Yeah.

Adam Long: So, I‟d like to figure out what that five thousand dollars ($5,000.00) does.

Roger Emmons: Okay.

Tim Mosbey: We‟ll have the Sheriff call you. He should have a copy of the contract on file somewhere.

Don Williams: They may have given that quote before they realized they‟re contract was still in effect. So we don‟t
really need to take any action on that for right now it doesn‟t sound like. Okay, item eight (8), Direct Deposit, Roger.
           - 13 -     Warrick County Board of Commissioners Meeting Minutes                      April 11, 2011

Roger Emmons: This, the County Auditor, Dixie Dugan, has sent some emails back from February 7th and again on
April 1st and I copied the Commissioners on that but he would like to…and not to still your thunder, Dixie, but I know he
would like to see the Commissioners mandate payroll via Direct Deposit to all County Employees unless the employee
can affirm they are unable to have an account for that direct deposit. So, that‟s informational as well, whether or not
you want to act on it?

Don Williams: What‟s the will of the Board? Do you want to act on that or…?

Tim Mosbey: It doesn‟t matter to me, do you?

Don Williams: Well, I don‟t know if the Auditor would like to say anything or not…do you want to say something, Sir?

Tim Mosbey: Oh, God no, don‟t invite him up here.

Don Williams: I‟ve been told not to invite you up but come on up anyway.

Tim Mosbey: We don‟t have to listen to him.

Don Williams: Just make it short, come on up.


Don Williams: Places to go, things to do.

Roger Emmons: Tim‟s messing with you, Dixie.

Dixie Dugan: I‟m sorry, Sir. Dixie Dugan, Warrick County Auditor. All I‟m trying to do is reduce the cost of the County.

Don Williams: Do you have any idea, I know it would reduce cost; do we have any idea how much?

Dixie Dugan: No way.

Don Williams: Cause I know most employers don‟t give options they…when they go they go all the way.

Dixie Dugan: All the way. I don‟t have any idea but I know for a fact that it will save in the Auditor‟s office someplace
between eight (8) and twelve (12) hours of labor every pay day.

Tim Mosbey: And the employee will receive a copy of their deposit of their check the same way they receive their
checks now?

Dixie Dugan: Right.

Tim Mosbey: And each department will come over and pick up their receipt.

Dixie Dugan: And let‟s say the Highway Department or the Law Enforcement, we can put it in the box and there‟s no
SSN on that and there is no checking account information on it. The only thing that‟s on there is public knowledge
which is the pay and what have you. And they can pick up the whole stack and distribute them and then no one; one
(1) person will have to come in the Auditor‟s Office to pick up their check because they cannot legally have direct
deposit. And I‟m just asking that you look at it…I know, and it‟s…look we‟re all human but if somebody comes in to pick
up a check, they know Susie they know Sally and they stop and talk awhile. Now, you multiply that by twenty five (25),
thirty (30) and sometimes forty five (45) people there‟s a lot of time. And someone has to be available, if it is a check
it‟s a negotiable item and they have to be there so that the person can sign for it and we can hand it to them.

Roger Emmons: I think on the direct deposit slip that you receive from the Auditor the only account information on there
may be the last four (4) digits of your account.

Dixie Dugan: The last four (4) digits.

Roger Emmons: But, you know, they don‟t have any way of knowing what…

Dixie Dugan: I‟m not asking you to do something tonight but I would appreciate your consideration, thank you.

Marlin Weisheit: Roger, I‟d like to see us maybe send a memo out to the elected officials and department head. If
we‟re going to vote on this give them time to respond just to see if we‟ve got any…

Roger Emmons: Will do.

Marlin Weisheit: I understand where you‟re coming from very well. I think it would save the county some money and
time but let‟s give them…I mean, it does effect everybody and I‟d like to give them a chance to voice their concerns.

Tim Mosbey: Can you get an email out and tell everybody that we‟ll have it on our agenda for the 25th?

Roger Emmons: Certainly.

Tim Mosbey: And that way they‟d have two (2) weeks to flood our computers with email comments.

Roger Emmons: Alright, I will do that.

Tim Mosbey: All employees.

Don Williams: Okay, we‟ll take that up in two (2) weeks. Does that sound good if we can get the message out?

Tim Mosbey: That‟s what I just done asked him if he‟ll get…he said it‟d be no problem.
          - 14 -      Warrick County Board of Commissioners Meeting Minutes                      April 11, 2011

Don Williams: Do you want to wait until May 9th?

Tim Mosbey: He said the 25th would be no problem with him.

Roger Emmons: That‟s fine.

Marlin Weisheit: Thank you, Roger.

Don Williams: Okay, Warranty deed for the…

Roger Emmons: I just wanted to confirm with Adam that as far as this warranty deed that it‟s okay once the County
Council passes their ordinance this Thursday that it will be okay then for the Commissioners to go ahead and sign the
warranty deed or does it have to come back to me?

Adam Long:         Once they‟ve passed that ordinance, the County Commissioners have already passed they‟re

Roger Emmons: Yes.

Don Williams: Yes.

Adam Long: Once they‟ve passed it you can execute it.

Don Williams: Put that on the table and we can just sign it.

Adam Long: Let me make sure that I have the right copy for you.

Roger Emmons: Okay.

Adam Long: Cause I know I did it at least twice.

Roger Emmons: Do you want to see this one?

Adam Long: And I don‟t know if the second one is the final.

Roger Emmons: And that‟s the latest one I received from you, the most recent.

Adam Long: This is the right one.

Roger Emmons: Mr. President, that‟s all I have until County Purchasing.

Don Williams: Thank you.

Tim Mosbey: He‟s not here.

Roger Emmons: Yeah, I know.

Tim Mosbey: Okay.


Don Williams: Mr. Auditor, do you have any other business?

Dixie Dugan: No Sir, thank you.

Don Williams: Thank you.


       Chandler EMS Generator

Roger Emmons: I‟m up again. Joe‟s on vacation so I‟m going to cover this for him it has to do with the generator bids
that he got and presented to you for the new generator for the new Chandler EMS Station. Um, Joe Gamble, Director
of the EMS is recommending that we go with the Cummins bid for an ONAN Generator fourteen thousand four hundred
twenty five dollars and thirty nine cents ($14,425.39)…

Don Williams: Fourteen what now?

Roger Emmons: Fourteen thousand four hundred twenty five dollars thirty nine cents ($14,425.39). That has a two (2)
year warranty and the reason he‟s recommending that is because this generator has a forty five (45) hour run time on
full load and it‟s the same generator that Hesley bid but its eight hundred sixty five dollars ($865.00) lower. The Wayne
generator only has a twenty four (24) hour run time on full load so his suggestion would be to go with the Cummins bid,
as stated. Now, as far as paying for that I had prepared a memo showing the breakdown of that project and the final
costs as to what we paid. We ended up nine thousand eight hundred and ten dollars and eighty cents ($9,810.80) over
budget after starting out twenty three thousand nine hundred ($23,900.00) over budget based upon the engineering
fees and the bid, the low bid from Core Contractors which was three hundred forty three thousand nine hundred
($343,900.00) and the County Council only approved three hundred fifty thousand ($350,000.00).

Don Williams: Well, the generator was never a part of that.

Roger Emmons: The generator was never a part of that project.
          - 15 -     Warrick County Board of Commissioners Meeting Minutes                      April 11, 2011

Tim Mosbey: I, if it‟s okay with the fellow commissioners, I would say we get this on the County Council agenda for May
as an additional appropriation.

Don Williams: It may be too late for May.

Roger Emmons: I‟ll check it. It‟s getting close.

Tim Mosbey: It‟s not getting too late for May.

Don Williams: Okay, yeah.

Tim Mosbey: Today‟s on the 11th.

Don Williams: Let‟s do an A.A. (Additional Appropriation) on it and see how that goes.

Tim Mosbey: Since we‟re on the subject I have one (1) question. Was the lease payment for the property made to the
Town of Chandler?

Roger Emmons: Yes, fifty dollars ($50.00).

Tim Mosbey: And that‟s good for fifty (50) years then right?

Roger Emmons: That‟s correct; I think it was fifty (50).

Tim Mosbey: Yeah. Okay.

Don Williams: Okay.

Roger Emmons: A dollar a year.

Tim Mosbey: I wanted to make sure that was paid.

Roger Emmons: We did pay that.

Tim Mosbey: We don‟t want to get kicked off…

Don Williams: So, you need a motion to approve the purchase?

Roger Emmons: Well, you can table it until we get the money or however you want to make the motion, that‟s up to the
Board as to…

Don Williams: We can go ahead and pass it contingent on funding or we can just wait.

Tim Mosbey: I want to wait.

Don Williams: Okay, let‟s wait. That‟s fine.

Roger Emmons: It might be best to wait.

Tim Mosbey: See how much we can get out of them.

Don Williams: Okay, nothing else from Purchasing.

Roger Emmons: That‟s it.


Don Williams: County Attorney, do you have anything, Sir.

Adam Long: Just a hand full of things if I may. The Jail Lift Station Project to my knowledge has three (3) outstanding
parcels or easements. One (1) of them is the City of Boonville but it‟s my understanding that they would approve it. We
just have to get the appropriate people communicated with to get that resolved. Um, and Roger sent out an email today
to Brian Mundy, the Mayor and me discussing that issue to get Boonville resolved. Other than Boonville there are two
(2) more parcels which are Car Properties, LLC, which I believe is the Mini Storage next to the NR Holding and then
there‟s another person by the name, I believe his name is Mark Taylor. Letters to those two (2) entities or individual‟s
went out today. Non-threatening in any way they‟re just saying we need to get you guys on board to try to get this
resolved. Time is as the essence please get back with us the original offer still stands. Um, let‟s see…bicycle routes I
thought were going to be put back on the agenda for today, they‟re not. I‟ve communicated with Randy McNeely
regarding the insurance aspect of that. Randy has confirmed to me that he believes we have coverage for those bike
paths but I think we‟re going to need some pretty substantial signage identifying, even for the motorist, that they‟re
entering a designated bike path area to try to keep them safe so in addition to the trail signs…

Tim Mosbey: Most of those routes already have „share the road‟ signs up that were put up about a year or year and a
half ago.

Don Williams: Yeah.

Adam Long: Okay, that‟s good.

Tim Mosbey: And the reason it‟s not on the agenda today, the gentleman that‟s gathering information and cost, he just
didn‟t have…he didn‟t have time to get it all together so I think he‟s going to be on the next meeting‟s agenda.
          - 16 -     Warrick County Board of Commissioners Meeting Minutes                         April 11, 2011

Adam Long: Okay.

Roger Emmons: That‟s correct. The 25th.

Adam Long: Another issue is Local 215 litigation case my advice would be to create a negotiation committee to meet,
um, with the representative of the Teamsters, that‟s my understanding this is applicable to the jail staff however it‟s
come to my attention that it might need to be expanded to maybe even the Clerk‟s Office. So in the event that it would
be expanded I would recommend that the appointment be made of the member of the Clerk‟s Office which would be in
my opinion the Clerk, however, she could certainly appoint her own designee to serve on that nominating committee.
So, I think that needs to be…the negotiating committee needs to be set up by motion and I would recommend that it
has one (1) Commissioner, the Sheriff or Sheriff‟s designee, the Clerk or the Clerk‟s designee is the minimum amount
of members.

Tim Mosbey: I‟d make a motion that we appoint Marlin Weisheit as County Commissioner Representative, Sherriff Brett
Kruse or his appointed designee and Clerk, Sarah Topper, or her appointed designee as members of the committee.

Don Williams: Do I have a second?

Marlin Weisheit: I guess I can second that motion.

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

Tim Mosbey: Aye.

Marlin Weisheit: Aye.

Don Williams: I‟ll oppose, nay. Two (2) ayes, one (1) nay.

Adam Long: The other issue which is not really related to our active business but an interesting amendment popped up
to one of the house bills that‟s in the legislature right now. It gives the Commissioners the authority to suspend an office
holder from their official elected capacity in the event that they are charged with a felony or a misdemeanor that
involves breach of the public peace while in the process of serving. It‟s kind of an interesting, um…

Don Williams: Where did this come from?

Marlin Weisheit: I haven‟t heard that one.

Adam Long: Yeah, I‟m sure some Counties had a problem and somebody…

Tim Mosbey: Oh, the Pike County guy.

Adam Long: Could be.

Tim Mosbey: I got a letter on that Saturday.

Adam Long: But yeah, I just wanted to let you know who you‟re…authority may be expanded to remove office holders

Tim Mosbey: Misdemeanor. Does that mean that if I get a speeding ticket my fellow Commissioners can get rid of me?

Adam Long: It has to be while in the service or your…the breach of the public peace while serving in your official
capacity so I think that would be like if you got charged with disorderly conduct.

Don Williams: I think hauling overweight grain and things like this for a farmer would count.

Adam Long: So, that‟s all I have.

Tim Mosbey: That‟s interesting. It hasn‟t passed yet though?

Adam Long: No.


Don Williams: County Engineer.

Bobby Howard: I have no business tonight, thank you.

Don Williams: Would you repeat that, Sir?

Bobby Howard: I have no business tonight.

Don Williams: Thank you.


Don Williams: County Highway.

Larry Barr: Yes, I have one (1) thing. I don‟t know if it needs to even be brought before the board but we‟re…we‟ve
been talking about out there, you know money‟s tight this year to do roads so we‟re going to have to really scrape and
do what we can and everything. I thought one (1) of the things that we could do that would be an addition to Warrick
County, to this Board, to the whole county would be the fact that if we would look into…we have a lot of roads that…a
lot of them narrow down as you come to a “T” and then they‟ve got a bank on one (1) side or the other and the vision is
tremendously awful. And I thought we would check into them, find our right of ways and think about cutting some of
           - 17 -   Warrick County Board of Commissioners Meeting Minutes                        April 11, 2011

those banks down as well as, and there‟s more of these I know we can‟t do all of them, but some of the hills need to be
widened and cut down a little bit but I thought it would just be a good two (2) year project to work on as many as them
areas as we can. And I‟d kind of just like the Boards blessing before we… You know, we‟re not going to be able to do
a lot of it at a time but when it‟s slow we can do…on rainy days and stuff that‟s just down there, the projects, we can
work on something like that and we definitely will not take away from any of the work load that is facing us for the year.
So, I would like input on that or whatever you decide.

Tim Mosbey: You want to get with the County Engineer to determine…

Larry Barr: Yes.

Tim Mosbey: What areas need…?

Larry Barr: And I thought I might actually might, if you guys would give the blessing, I might even call Guy Gentry with
the School Corp. and let him email his bus drivers. Now that‟s going to cover the whole county and try to get a
response from them because if there‟s an area they have problems, anybody from a low 4-wheel drive down can‟t see.
But I just kind of wanted your blessing on…cause it‟s going to be a two (2) year deal, it‟s just not going to happen
tonight. We‟ve got to understand that.

Don Williams: The main thing there is to make absolutely sure with the Engineer that we‟re in our own right of way.

Larry Barr: Yeah, yes, definitely. I‟ve done said something the Bobby that we would be tagging him for some help on


Don Williams: Chief Deputy Weinzapfel do you have anything from the Sheriff‟s Department?

Chief Deputy Weinzapfel: No, Sir.

Don Williams: You didn‟t have anything else did you, Larry?

Larry Barr: No, thank you.

Adam Long: I‟ve got one (1) more thing if you‟re at the end of the agenda.

Don Williams: We‟re past you though.

Tim Mosbey: We‟re past you.

Don Williams: Go ahead.

Adam Long: Two (2) quick issues. One (1) I was contacted; I forget which commissioner approached me on the
employee handbook question. I communicated with the law firm that handles employee handbooks.

Don William: Icemiller or…

Adam Long: Barnes and Thornburg. And they can‟t really give me a quote but five to ten thousand ($5,000.00 to
$10,000.00) dollars they said was a good place to start.


Don Williams: The one (1) that I heard…

Roger Emmons: That‟s a joke.

Don Williams: That is a joke. The word that, you know, that‟s an absolute joke.

Adam Long: I think it would be cheaper to do a complete re-write and…

Don Williams: We‟ve been working on one (1) but that didn‟t work out so far real well, but I understand Icemiller has
one electronically that is updated with all the modern ordinances and codes and I think that‟s in the neighborhood of
fifteen hundred dollars ($1,500.00) and that would also if we were to purchase that electronically it would give us the
ability to go in and make changes that appropriate…

Adam Long: I think Barnes‟ would be the same. Um, if you bought one that was just a standard county handbook I
think that I would need…I can go out and get some more price bids if you want if that‟s what you want to do is just get a
standard county book and then we can go in and plug in our own changes.

Don Williams: We can look and see if there are prices.

Adam Long: Okay, see if there are prices for an electronic version? The other issue I had was there was a contract
that was sent to me, Johnny Ray Auctions for sale of just tangible assets of the county, not real state but like physical
assets. I sent out a redline revision to that and I have not heard word back.

Tim Mosbey: Yeah, he emailed back, Kent did, and he said it was okay with him didn‟t he.

Don Williams: I thought so too.

Adam Long: I haven‟t heard word back. I‟ve not…

Tim Mosbey: Yeah, your changes were okay with them.
          - 18 -     Warrick County Board of Commissioners Meeting Minutes                       April 11, 2011

Adam Long: All I tried to do is clarify it because I had a really hard time figuring out what…

Tim Mosbey: Maybe he didn‟t copy you but he copied all of us.

Roger Emmons: I think he did say he was okay with it.

Tim Mosbey: Yeah.

Don Williams: If you have a copy of that Roger you might forward one to Adam.

Roger Emmons: I will.

Adam Long: Yeah, I‟d like to see that. I forwarded it to Joe, I think maybe Roger but I didn‟t send it to the person that
created it so they might not have responded.

Tim Mosbey: He sent it back to Joe and copied all of us but not you probably.

Roger Emmons: Is that Dimmett or…?

Tim Mosbey: Johnny Ray Dimmett.

Roger Emmons: Yeah.


Commissioner Williams: Commissioner Weisheit, do you have anything, Sir?

Commissioner Weisheit: I was going to ask Larry. We were talking to the Highway Superintendant about possibly
buying the Highway Forman a new truck or two (2) out there if we…is that something we want to take some bids on just
in case we need it?

Commissioner Mosbey: Did we verify money‟s available?

Larry Barr: Krystal said that, and I don‟t have that figure with me right now but it was over one hundred thousand

Commissioner Williams: Could you bring us aqurate accounting and we can…we‟ll tack that on the 25th.

Commissioner Mosbey: We‟ll tack it on the 25th.

Larry Barr: One (1) truck had a hundred and sixty three (163,000) and one (1) had one hundred seventy two (172,000),
they‟re just right there together basically

Commissioner Mosbey: Right.

Commissioner Weisheit: Well I know our new Building Commissioner might need a vehicle and then Animal Control
one (1) of their vehicles is about to go down and we thought we could pass one (1) along.

Larry Barr: That would be a great idea.

Commissioner Weisheit: Also, Brad‟s truck here at the Courthouse it might be a good time…we could take bids…

Commissioner Williams: If we have the money.

Commissioner Mosbey: Why don‟t you start working on specs.

Larry Barr: Okay.

Commissioner Mosbey: I‟ll be just three quarter ton regular cab is all we need.

Commissioner Williams: 4x4?

Commissioner Mosbey: No air conditioning.

Commissioner Mosbey: Yeah, they have to be 4-wheel drive.

Commissioner Weisheit: That‟s all I had, I just wanted to make sure we was…

Commissioner Williams: Commissioner Mosbey do you have anything, Sir?

Commissioner Mosbey: No.

Commissioner Williams: I have nothing. Entertain a motion.

Commissioner Mosbey: Motion to adjourn.

Commissioner Weisheit: Second.

Commissioner Williams: We are adjourned.

Commissioner Weisheit: Thank you.
          - 19 -   Warrick County Board of Commissioners Meeting Minutes          April 11, 2011

                                               WARRICK COUNTY BOARD OF COMMISSIONERS

                                               DON WILLIAMS, PRESIDENT

                                               TIM MOSBEY, VICE PRESIDENT

                                               MARLIN WEISHEIT, MEMBER



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