WARRICK COUNTY COMMISSIONERS

COMMISSIONERS MEETING ROOM

107 W. Locust Street

Boonville, Indiana

April 28, 2004

4:00 P. M.

The Warrick County Commissioners met for the purpose of Planning Commission business and other business that may come before the Board, with all members present. Also in attendance was County Administrator, Roger Emmons; County Auditor, Richard Kixmiller; Plan Commission Executive Director, Sherri Phillips; County Engineer, Steve Sherwood; County Sheriff, Marvin Heilman and County Attorney, Rick Martin.

President Don Williams called the meeting to order.

Auditor Richard Kixmiller recorded the minutes.

AREA PLAN COMMISSION:

STREET CONSTRUCTION PLANS: PP-04-03 WILLOW CREEK SUBDIVISION

Sherri Phillips: I have a request from Bill Bivins to continue this until the May 12^th meeting.

MOTION: Carl Conner made a motion to approved

SECOND: Phil Baxter

VOTE: 3 Ayes 0 Nays

REQUEST OF ACCEPTANCE OF STREETS FOR MAINTENANCE: CORNERSTONE BUSINESS PARK BY WAL-MART STORES, INC.

Sherri Phillips: Is the representative here yet? Okay. Steve, do you want to give a report on what is left to be finished there?

Steve Sherwood: I was asked to go out there this afternoon. There was ten feet of surface asphalt at the North end of the main drive that was left to be completed, that still hasn=t been done. The binder rock curb is all extended to the North property line, it was just that the surface ten feet was left off. I don=t know if that is going to be an issue or problem with the future extension of the roadway. It may be done by other parties if not done by the same developer. The other issue was they had performed paint striping when the plans called for Thermoplastic. I believe their contractor was engaged in grinding off the paint and putting down the Thermoplastic, which I must say was over half completed by the time I left the project at about 1:45 this afternoon. I anticipate it will be done yet today.

Craig Roberts: Yes. The asphalt will be done by noon tomorrow as well.

Sherri Phillips: Their Letter of Credit does not expire until May 23, 2004. So, you will have two options, I guess to continue it to the next meeting to see if it has been completed or to accept the streets for maintenance with the conditions that these two items are completed before we record the Acceptance Request and release their Letter of Credit.

Carl Conner: Sir, are you from out of town?

Craig Roberts: Up in Minneapolis. Minneapolis, Minnesota.

Carl Conner: If we would continue this, then you are going to have to come back?

Craig Roberts: The work will be done by noon tomorrow. The asphalt will done probably around ten o=clock tomorrow and the thermo striping will be done by noon tomorrow as well.

Carl Conner: If we did table it, you would have to come back?

Craig Roberts: Yes

Carl Conner: And you are from Minneapolis? Okay.

Don Williams: Will you state your name and who you represent?

Craig Roberts: Craig Roberts. Wal-Mart.

Don Williams: That was for the record for the minutes keeper. Do you have any questions Commissioner Baxter?

Phil Baxter: No, sir.

Don Williams: My thoughts would be that we would improve this contingent on these items being completed before we release the Bond. That would be my thoughts. How do you gentlemen feel about it? I just wanted to express my thoughts.

Carl Conner: If you will put that in a Motion, I will second it so he does not have to come back.

MOTION: Don Williams made the motion to approve conditioned upon the paving being completed and the striping being completed with Thermoplastic prior to releasing the Bond.

SECOND: Carl Conner

VOTE: 3 Ayes 0 Nays

REQUEST FOR CONSENSUS: PROPOSED HUNTER RIDGE SUBDIVISION by Kirby King and Larry Rhodes

Sherri Phillips: They are requesting a reduction to the width of roads to be constructed within the subdivision to a twenty-foot wide asphalt pavement with three-foot side ditches instead of the standard thirty-foot roadway with concrete curb and gutter. That is all I know.

Danny Leak: With Morley and Associates. I am here with Mr. King, who is the owner of the land. You have four drawings there, three of them are roadways, intersections and the last page is an aerial photograph with the yellow line on it, which indicates the area which they are purposing to subdivide into two and a half acre lots. Mr. King and Larry Rhodes are going to be the developers of the subdivision. What they were requesting was to install roads which were similar to the ones in the area of the subdivision. There are no subdivisions with curb and gutters in it. I took pictures of the existing roadways there, Center Road, Hunter Road, and Jenner Road, and had the roadway widths at the top of the page. The type of development is about 50 acre, is that right Larry? The overall development would be about 50 acres and a minimum size lot would be ten and a half acres in that subdivision, so they want to keep that kind of atmosphere and they would like to request a reduction in that type of roadway to be installed.

Phil Baxter: How many lots?

Danny Leak: Sir, I don=t know yet. We haven=t got to the point of laying it out. We will try to make it fit the land so that it contours and everything drains to the stripper pits that are there, or the lakes that are there, but we haven=t done any kind of real layout.

Carl Conner: Steve, what is your input in regards to their request, because it is my understanding is the information I have in front of me, that the standard is thirty foot and they are asking for what is I assume called a rural which is twenty-four foot.

Steve Sherwood: The thirty foot applies to for back-up curb to back-up width. It is basically a twenty-six foot wide pavement with two-foot curb and gutter. They can build a twenty-six foot wide asphalt road with a stone shoulder. It is our minimum requirement for residential. There is a rural rock road standard which is currently twenty-two feet wide. In regards to the photo on Hunter, that is a County road that is paved twenty to twenty-one foot in width. It was rock up until about eight or nine years ago when we first, I think, considered chip and sealing it or paving it. Most of our County roads are in the eighteen to twenty foot width. That is really no surprise to anybody. The two subdivisions in question in the area, the one that they are showing roads from is Paradise Lakes. That was originally approved as a twenty-two foot wide rock road under the rural rock designation and another adjoining subdivision is Lost Lakes at the same intersection of Hunter and Center Road. Again, that was approved as a twenty-two foot wide rural rock road. In those instances, they were approved and that is basically when our rural rock road standard came into view and was changed by the Board at that time because too many people were building rural rock roads, and eventually people want those paved. In these two cases here, Lost Lake and Paradise Lakes, the property owners all pitched together and paved, themselves, for making them asphalt streets. So, those of kind of different circumstances when you look at Paradise Lakes and Lost Lakes, which are prevalent subdivisions in this area. Hunter Road is a typical County road. A little bit wider than most maybe at twenty, twenty-one, but you know, it is not a subdivision street. We do not allow parking on County roads or main lying thoroughfares. The subdivision standard is somewhat wider because occasionally there may be parking on streets within subdivisions, and you know how we have dealt with some issues that have roads with parking in subdivisions and sometimes we have gone back and declared no parking due to the sensitivity or other traffic safety concerns. The standard for a subdivision is twenty-six foot wide, to answer your question, with no curb and gutter.

Don Williams: Twenty-six wide asphalt?

Steve Sherwood: Yes.

Carl Conner: So, we no longer have a standard of twenty-four foot wide?

Steve Sherwood: I think they are asking for possibly a twenty-two foot wide rural rock road standard which there is no longer a rural rock road, really allowed. The Boards want for a minimum a double chip and seal. They are proposing to build a twenty-four foot wide asphalt roadway. I would assume they are asking for a relief of about two feet from the normal standard.

Larry Rhoades: Yes.

Steve Sherwood: Just based upon the widths of the other subdivisions in comparable areas.

Carl Conner: Are the subdivisions that are adjacent to this, are they going to be inter-connecting.

Larry Rhoades: No these...

Steve Sherwood: It doesn=t appear to be from the aerial because they would be land-locked because of strip mine, stripper pits or other property ownership.

Carl Conner: So, I=m not going to be able to go from one subdivision to the other one without going out on Hunter Road?

Steve Sherwood: No, I don=t believe they intend to.

Larry Rhoades: The idea was to have a road that comes into the subdivision development and will branch off in two different directions, East and West. The idea here is, the area highlighted in yellow, (unable to hear) last page.

Carl Conner: Looks kind of dark.

Larry Rhoades: The idea was to come in off Hunter Road, come with the roadway South then go through the development, turn left or right, then go as far as we can to create these larger lots and then having cul-de-sacs coming back out.

Multi-speaker discussion while looking at the area.

Carl Conner: Any questions from the Board? Steve, I have another question. Do you foresee any problem, the standard is 26 foot, they are asking for a variance from the standard by two foot. Do you see any problems being created by, if we would grant their request to have basically a variance from what is presently required by the County?

Steve Sherwood: That is always a concern because we don=t want to set a precedent, that is why I took some time to explain what had happened in Lost Trails and Paradise Lake So those were set up to be 22 foot wide rock roads from the beginning. They were built and then the people who bought all the lots started to complain, we don=t want to live on a rock road. They basically paid for it to be paved so the geometry was established, couldn=t be changed, couldn=t really be widened without re-doing all the shoulder and ditch work. When you are coming in fresh, we try to follow the subdivision standard that is prevalent; otherwise, we might set a precedence for those who will want to claim to do the same when they come before you.

Carl Conner: So I guess what you are saying indirectly that you do feel that there is a problem or a concern when we go from 26 foot to 24 foot or we would not have established the 26 foot requirement?

Steve Sherwood: Yes I understand these gentlemens= concern that they would like to do less, we are only talking about a difference of two feet of asphalt. They are not wanting to do a rock road, they are not wanting to do a chip and seal road, they are wanting to do an asphalt road.

Larry Rhoades: Asphalt road with a rock shoulder on each side.

Steve Sherwood: I am afraid if you allow relief of two feet, where is it going to stop in the future? Because somebody will come in and cite what we have allowed for others.

Don Williams: You were of the impression it was a thirty foot standard?

Larry Rhoades: I knew it was a thirty foot standard but the type of development we were doing, we weren=t planning on putting in the curbs and gutters and sidewalks.

Carl Conner: And you are not doing that. And we are not requiring that with the 26 foot standard.

Larry Rhoades: Right. I think what we are trying to do is follow the precedence in the area. We do have, and I live in Paradise Lake and so does Kirby. We did pay for the road to be paved ourselves. The County did approve it as a 22 foot road. We are only looking at 14 lots in this subdivision so it is not going to be a high traffic area. Both ends are cul-de-sac. The rest of the area does not have a 26 foot road, in fact some of it has 22, even Hunter Road is not 26 itself. So Hunter Road is the road, Hunter and Center is the road where about 35 or 40 residents come out and go in. Here we have a basically, a dead end street that is wider than the County road. So, it seems to make some sense to have, there is not going to be parking on the street because the lots are going to be two and half acres or bigger, houses are going to be one-hundred feet off the road and off the street at least, so it=s not like we are going to have an abundance of traffic on a small, dead end road coming off of a County road that is smaller than the road we want to build. That is our theory.

Don Williams: Any questions?

Carl Conner: I don=t have any.

Don Williams: Mr. Baxter?

Phil Baxter: No, I don=t have any.

Don Williams: What is your pleasure gentlemen?

Carl Conner: You are only going to have fourteen lots?

Larry Rhodes: There will be divided by fourteen. We don=t have it engineered yet, but when we have gone back to the property, that is what we are looking.

Carl Conner: You are basically talking fourteen lots on fifty acres, isn=t that what it is?

Larry Rhodes: Yes.

Several speaking at the same time.

Larry Rhodes: A good piece of it has water, slope falls, and drainage we won=t be developing in the lots. We will have to make the lots larger but, as submitted because we had no sewers, a minimum of two and a half acres on anything we develop.

Several speaking at the same time.

Don Williams: Do I have a motion?

MOTION: Phil Baxter made the motion to approve the reduction in road width to twenty-four feet for the proposed Hunter Ridge Subdivision.

SECOND: Carl Conner

VOTE: 3 Ayes 0 Nays

TABLED ITEMS:

Sherri Phillips: Mr. President, I have a couple items. If I could skip down, with your permission to Tabled Items B. Subdivision Control Appointments.

Don Williams: Are we talking about appointments? Are you going to bring it back up later?

Sherri Phillips: Can we do it now, is what I am asking?

Don Williams: We only skipped one item.

Sherri Phillips: It=s alright. I have another item also that was just brought up and sent to me today. I had a phone call from the U.S. Census Bureau. They contacted my office last August wanting to get out road layer from our G. I. S. System to put into the Census Bureau=s maps, so when they do our census counts and so forth, and at that time, I told them to get with W. T. H. that we have the contract with. Evidently, they are wanting to be paid, of course, to supply this information to the Census Bureau. The Planning Commission takes care of the census for them, and they called back today, and they=re really needing this. I told them I don=t know what your contract is with W. T. H. I don=t know if we can supply it to them. So, if you would look into it for me so I can respond back to the Census Bureau. I don=t know where we stand at on supplying this information, or even if we have the information that they need. So, that is just something I wanted to bring up and I did give Roger a copy of it. I can give Attorney Martin...

Don Williams: Does W. T. H. contend that the data is proprietary. Do they have the right and nobody else? Does this come under public information.

Carl Conner: I don=t think they are contending anything right now. I think basically what they are doing, it just stone-walling. I personally think that the information, if it is requested by the Consensus Bureau, probably from a legal perspective, needs to be given to them by the vendor. I don=t the vendor could probably charge them for it either. I guess her question is that should we give them the information if we have it available because the vendor will not cooperate with them, and personally I think they need to, my first position is that they go back to the vendor and get the information from the vendor. But, if they can=t I mean you know, ultimately someone is going to give it to them.

Don Williams: What format are they wanting it in? Do they want papers, disk, CD?

Sherri Phillips: AWe prefer to receive the files on CD ROM as ESRI shape or export the OO Files. Don=t ask me what that means, I have no idea. I don=t have a clue what they are talking about.

Carl Conner: No one else does either.

Sherri Phillips: I don=t know if we have the ability to even copy the road file and give it to them. I don=t know.

Steve Sherwood: We do. Our office does. We do.

Don Williams: You can?

Roger Emmons: If that is the case, I think Carl is right. We are talking about a Federal Department.

Don Williams: In reality we don=t have a lot of options about giving them the information.

Sherri Phillips: Then again, it helps our office.

Don Williams: I think W. T. H. probably ought to do it.

Carl Conner: That would be my suggestion is, we contact W. T. H. and we tell them they need to give them the information and see what happens, because I think from a legal standpoint they have to give them the information, and secondly if W. T. H. wants to continue to expand the scope of business that they are doing with the County and the County expresses a concern to them, I think that would be more than sufficient to get them to do it. And then if they don=t, well then, we will have to go to the County Engineer Department and have them do it.

Phil Baxter: Is that a motion?

Carl Conner: Yes, it=s a motion.

MOTION: Carl Conner made the motion to contact W. T. H. and we tell them they need to give the Census Bureau the information.

SECOND: Phil Baxter

VOTE: 3 Ayes 0 Nays

Steve Sherwood: They only want the road portion layer right?

Sherri Phillips: Right. I pretty much think that is what they want.

Don Williams: That might be the problem, can you pull off that layer?

Steve Sherwood: Yes, we=ve got a separate layer.

Sherri Phillips: Do you want me to wait for the other?

JAMES BUCK - Buckridge Environmental Engineering, Inc. - Petition for Equipment

James Buck: Good afternoon, gentlemen. I am with Buckridge Environmental. I am here on behalf of my client Vigo Coal Company. I was before you last week, presenting a petition and a draft order for equipment crossing, across Green Briar Road, and there was a couple concerns that came up regarding indemnification, as well as maintenance of the crossing, and I think we=ve got those items worked out.

Charles Martin: I can report that we do, yes, have them worked out as far as I am concerned. Thank you Jim.

Jim Buck: What you have in your hand now is the draft order that was presented to you last week with two paragraphs added on page two. The second paragraph deals with indemnification and a Hold Harmless. The third paragraph on that second page deals with maintenance and references Attachment A, which is the Standard Agreement for Road Usage, which was one of the other items requested.

Don Williams: You have reviewed this Charlie, and everything is in order?

Charles Martin: Yes, I have. The second paragraph there covers the indemnification. I am very happy with that I believe. The third paragraph takes care of the maintenance. Those were our concerns last week. The rest of it is the same.

Don Williams: I think I got two of these.

James Buck: There are two originals. I didn=t know how many originals you need. Both have original signatures by Vigo=s representatives on them.

Don Williams: Gentlemen, have you had a chance to look at it? It looks like everything we asked you for last week.

James Buck: Yes, sir. I believe we have covered everything you requested.

Don Williams: Any questions?

MOTION: Carl Conner made the motion to accept and sign the road crossing request for Vigo Coal Company.

SECOND: Phil Baxter

VOTE: 3 Ayes 0 Nays

Don Williams: Can you pass the originals down to Roger so he and Steve can sign those.

Steve Sherwood: For clarification, this is for a three-year term beginning today, correct?

James Buck: Actually, I think we had starting May 1^st through April 30^th. Thank you for your patience gentlemen.

Review Committee Appointments - Subdivision Control Ordinance:

Sherri Phillips: I have a few that I would like to be appointed on. This will be reviewing the subdivision control ordinance. Normally, at our meetings, we try to have them through the day since there are a lot of County employees on the committee, so we don=t work overtime. The first meeting is supposed to be May 5^th at nine o=clock A.M. We meet down in our Conference Room beside our office. I would like to have at least one Commissioner on the Committee, of course Steve Sherwood and Bobby Howard. Steve will be playing a big role in this because most of it is for the street construction standards, a developer or two for their input, citizen members. I have no one in particular that I am recommending, anyone that you would like to put on there.

Don Williams: You would be on there by nature of your office.

Sherri Phillips: It would mainly be Steve, Bobby, myself, the Surveyor because of the drainage issues in it; the Planning Commission Board members are all a part of it, whoever comes to the meetings. I would like to have one engineer. I recommend Bill Bivins. He said that he was willing to serve on the Committee. Kenny Ubelhor said that he was willing to serve as a developer and builder. If you have any suggestions. I don=t want to get a whole bunch of people on there because if you get too many, you don=t get anything done. Bernardin Lochmueller & Associates have the contract to do the ordinance update, which would be David Eisley and it is Dave Ripple, are the two from B. L. A. that will be working on it.

Steve Sherwood: Will they be present also?

Sherri Phillips: Yes.

Don Williams: Does this need to be done today? I think we need to consider these. It really matters when we want to start.

Sherri Phillips: No, the Planning Commission starts. We will start without your appointments.

Don Williams: I hear you.

Sherri Phillips: I want to get it done. I have been doing this for two years.

Don Williams: It has been awhile.

Sherri Phillips: Evan Beck may be, we talked about him today with the commercial aspect of development. They do a lot of commercial development. They have a commercial subdivision in the County. I think that may not...I understand we may have a law suit with their subdivision so I don=t know if that is a conflict with the County.

Don Williams: I would think it would be.

Sherri Phillips: Okay.

Don Williams: That takes care of that one. I can mark that one off my list.

Sherri Phillips: If you want to think about some other people, that is fine, and we can get started. Jerry Aigner was on our zoning. Bruce Miller came to a lot of the meetings.

Don Williams: Bruce Miller was on the Committee.

Sherri Phillips: He was on there for the Zoning Ordinance. He may be willing to come to the subdivision ordinance reviews also.

Steve Sherwood: Is Les still chairing the committee?

Sherri Phillips: Les is only on the subdivision legal aspect that=s B. L. A. is doing. (couldn=t understand)

Carl Conner: I don=t mind serving on that, but I couldn=t do it on the fifth. I have finals that day.

Sherri Phillips: We are going to have several meetings, so if you can=t make the first one, that would be fine.

Steve Sherwood: This will go on for several months.

Carl Conner: You are going to have the meetings though consistently on the same day of every month at the same time?

Sherri Phillips: Going through the zoning ordinance it definitely wasn=t that way. Hopefully, this one will be more organized. We can get together and establish a day every week or two weeks.

Carl Conner: Are you going to meet more than once a month?

Sherri Phillips: I would like to.

Steve Sherwood: It is usually about every three weeks in the past. Like she says, it flexible. Whatever the committee agrees upon.

Carl Conner: I would like to make a couple suggestions. I think that Jerry Aigner will probably be one to consider. When you spoke of Bruce Miller, the person that came to my mind was Bob Adcock, because of the fact that Bob probably, even though he is no longer in the business; he is retired, he will have the time to do it instead of Bruce Miller. Bob would probably be good, and also I would recommend a homebuilder by the name of James Tolley, and I personally don=t have any problems with the other names that have been mentioned; Bill Bivins and Kenny Ubelhor. I do have a problem with Steve and Bobby, but other than that.

Steve Sherwood: We will be worthless.

Sherri Phillips: All three Commissioners can come to the meetings. I am not saying to pick up and that=s the only one who can come. I think only one of us can come at a time. Charlie?

Charles Martin: I think they could all attend the same meeting if they want to, yes, but that would be up to the Commissioners.

Carl Conner: Phil would be in attendance as a member of the Area Plan, an so then if another Commissioner...we are going to have the majority there.

Steve Sherwood: No decisions will be made. This is information that will be assembled and will have to go through public hearings and come back before the various Boards for approval.

Carl Conner: That is not my understanding.

Sherri Phillips: We invite all the Planning Commission members to come. Normally, there is only a couple that show up, but we do invite them all. We post stuff on the boards that we are having the Committee meeting.

Steve Sherwood: There is no reason why they couldn=t be there if they wanted to at one time.

Charles Martin: Your purpose is to revise the zoning ordinances, right?

Steve Sherwood: Portions of the subdivisions control ordinances.

Sherri Phillips: It=s an ADHOC Committee.

Charles Martin: So, then that officer is going to come before the Board of County Commissioners for a vote?

Sherri Phillips: For a vote, right. There is no voting, just reviewing. So, I have never considered it a meeting where you couldn=t have one or more Commissioners there.

Several speaking

Don Williams: How many names you got and how many are you going to put on this thing? I will tell you somebody that I would like you to consider, and I think he would be able to speak for a lot of the builders, that would be Bill Pedtke from the Builders Association. He is a spokesman for that whole organization. I think he would be a good man to have on there.

Sherri Phillips: Okay.

Don Williams: See if he can do that.

Sherri Phillips: So, you want to just not appoint of you, I will just let all three of you know when we are having one.

Carl Conner: I will be there from time to time because I have a great interest in seeing some, in my opinion, some major changes made.

Sherri Phillips: Okay, I will just do it like that. So, it would be Steve and Bobby , Bill Bivins, Kenny Ubelhor, Jerry Aigner, Bob Adcock, Jim Tolley, Bill Pedtke and then...

Don Williams: That=s an awful big Committee.

Steve Sherwood: Bare in mind, they don=t always show up at one time.

Sherri Phillips: They don=t.

Phil Baxter: Some of them may turn it down anyway. You will probably be lucky to have fifty percent, unless you send the Sheriff after them.

Sherri Phillips: Well, the Sheriff could be on the Committee. We could talk to him about roads.

Don Williams: You are going to have meet in a bigger room, aren=t you?

Multi-speakers.

Don Williams: Okay, that is a done deal.

Treasurer=s Office - APS (Approval Payment Solutions, Inc.):

Roger Emmons: This could either be. We have not received anything back amending that agreement. I think it had to do with binding arbitration, so you can either continue to table it or take if off until we get something back.

MOTION: Don Williams made the motion to take it off the Agenda until we get something back, because I don=t want to Court in Texas.

SECOND: Carl Conner

VOTE: 3 Ayes 0 Nays

AUDITOR:

Richard Kixmiller: I have the claims this evening in the amount of $1,310,411.96.

MOTION: Carl Conner moves to deny the claim for Verizon Wireless. Voucher number 2283 in the amount of $216.16. That is under County Surveyor.

Phil Baxter: Is there a reason?

Carl Conner: Yes there is. There is a couple of reasons. Based upon State law, she does not have, nor does any office holder have, the authority to initiate any type of contract. It=s the responsibility of the County Commissioners. Secondly, the contract that she signed is substantially higher in cost than the present contract that we have. I will give you some examples. Under her contract for two telephones, she pays a fixed fee of $51.00 per month. Under the County=s contract, one would pay $5.00 per month. Under the contract that she signed, in addition to paying $51.00 per month, she is paying forty-five cents a minute. We only pay six cents a minute. I think it is a waste of the taxpayers dollars, and I think it is inappropriate that she takes it upon herself to negotiate such contracts.

Phil Baxter: It sounds appropriate.

SECOND: Phil Baxter

VOTE: 3 Ayes 0 Nays

MOTION: Carl Conner made a motion to direct our Attorney to write a letter to Verizon Wireless informing them of what the State law is, and that they will not be receiving any reimbursement from the County in regards to any phone services that are provided to the County Surveyor under the present contract. I would like to copy this to the County Surveyor.

SECOND: Don Williams

VOTE: 2 Ayes 1 Nay (Phil Baxter)

Don Williams: Do you want the letter sent to Verizon or do you want the letter sent to Karan?

Phil Baxter: Verizon.

Don Williams: Okay.

Carl Conner: I think it is only appropriate that we notify them Phil in regards as to why they are not going to be paid. Because, they are not going to be paid. Because, they are not going to be paid.

Don Williams: I have a problem with number 2951. It is on the last page. This is out of funds, not taxpayers, but it is a waste.

Carl Conner: Pinnacle?

Don Williams: Yes.

Carl Conner: Thirteen Hundred Dollars ($1,300.00)?

Don Williams: Right. We have a computer specialist. These individuals were hired and what they ended up doing, my understanding, the Recorder=s Office was out of business for over two weeks. I am not sure whether this valid, if this is one that should be paid or not. My thought is that it probably should not.

MOTION: Don Williams made the motion that we deny Claim Number 2951.

SECOND: Carl Conner

VOTE: 3 Ayes 0 Nays

Don Williams: I think we can approve the claims with the exception of the two we denied. We can do it like that. Is there any other claims that anybody has a question on? I would entertain a motion to approve the claims with the exception of those two denials.

MOTION: Carl Conner made the motion to approve the claims with the exception of those two denials..

SECOND: Phil Baxter.

VOTE: 3 Ayes 0 Nays

Payroll Claims:

Don Williams: Has everyone had a chance to look at those. Correct me if I am wrong Dick, but payroll claims in the total of $319,973.42.

Richard Kixmiller: Correct.

MOTION: Carl Conner made the motion to approve payroll claims in the total of $319,973.42.

SECOND: Phil Baxter

VOTE: 3 Ayes 0 Nays

Tabled Claim for Unpaid Sick Pay (Sheriff=s Office):

MOTION: Don Williams made the motion to table to get some legal input.

SECOND: Carl Conner

VOTE: 3 Ayes 0 Nays

Don Williams: Anything else Mr. Kixmiller?

Richard Kixmiller: That=s all I have this evening. I do have this Congressional School Report that we will need, but not until after May 1^st. You will have time.

Don Williams: Our next meeting is the 12^th.

Richard Kixmiller: The 12^th is fine.

ADMINISTRATOR:

Casey Road closing for Castle High School Commencement:

Roger Emmons: Thank you Mr. President. We received a letter from Castle High School Assistant Principal Phil Delong requesting that you approve the closing of Casey Road, between Oak Grove and Vann, during their Commencement exercises on Monday, May 24^th. They would like that you approve Casey Road be closed to all but local traffic from 8:15 P.M. until 9:45 P.M. If the request is granted, they will contact the Sheriff=s Department to arrange for officers to affect the closing.

Don Williams: That is pretty standard for Graduation. We have done that every year.

Roger Emmons: We have done that every year ever since I can remember.

MOTION: Carl Conner made the motion to approve the closing of Casey Road, between Oak Grove and Vann, during their Commencement exercises on Monday, May 24^th.

SECOND: Phil Baxter

VOTE: 3 Ayes 0 Nays

Affiliation Agreement between U. S. I. And Warrick County (Superior Court I) for Student Intern:

Roger Emmons: This was so Superior Court I can have a student intern, and I believe, our attorney has reviewed that and finds it proper to sign.

Charles Martin: That is correct, yes sir.

Don Williams: Any questions from the Board?

MOTION: Carl made the motion to approve a student intern for Superior Court I.

SECOND: Phil Baxter.

VOTE: 3 Ayes 0 Nays

MS-4: Approval of Amendment No. 1 to the Agreement for Professional Engineering services with Commonwealth Engineers, Inc.:

Roger Emmons: The Surveyor had her staff research back through various minutes through the Commissioners= meetings, and even though this amendment was discussed, and I believe Charlie reviewed and approved it, never was officially there was a motion to approve it. You have signed it, but we would like to get it into the Minutes that you did approve a motion.

Don Williams: I thought we had it.

Roger Emmons: No, they couldn=t find it.

Don Williams: Since, we signed it, I guess it would be a good idea to approve it.

Roger Emmons: I think so.

MOTION: Carl made the motion to approve the Amendment No. 1 to MS-4 Agreement for Professional Services.

SECOND: Phil Baxter

VOTE: 3 Ayes 0 Nays

Roger Emmons: I do have a couple more items, if you all don=t mind. We did receive a request and I copied you on the letters from the Director of the Emergency Management Agency on behalf of our Health Department. It has to do with them getting six radios purchased from Enhanced 911 Fund. The letters were from Linda Bass, who is the Public Health Nurse Supervisor in the Nursing Division, and Linda Derr, who is the Data Manager. You were copied on all these letters, basically explaining the need for these radios in the event of a County-wide emergency. The responding agency in the Comprehensive Emergency Plan. The cost is $648.75 per radio for a total of $3,892.50. That would include programming and shipping.

Don Williams: Any questions from the Board?

Carl Conner: I have a question for our Attorney. It is legal to purchase these radios out of the Enhanced 911 System?

Charles Martin: It would be, yes.

Don Williams: Any questions?

Phil Baxter: No.

MOTION: Carl Conner made a motion to grant the request for the purchase in the amount of $3,892.50 for radios for the Health Department.

SECOND: Phil Baxter

VOTE: 3 Ayes 0 Nays

Roger Emmons: Due to the need to continue to have the Stone Haven area sewer project continually in front of us, due to the time sensitivity, I did call Paul Kluxton, he is the Case Manager for IDEM=s water section. He confirmed that Charlie had contacted him pursuant to we got the notice of violation and proposed agreed order. It does say in there, I believe, they say we have to sign that within 60 days.

Don Williams: Correct, yes sir.

Roger Emmons: And then from that point on, then we have 180 days from the effective date to develop and submit to IDEM a compliance plan that describes the actions that we will take to eliminate that problem in the Stone Haven area. I have got the original here should you wish to sign it tonight. If you want to wait until May 12^th you may do that. I may ask for Charlie=s opinion on that, if we should not continue to progress.

Carl Conner: I guess my question what is the benefit to postponing the signing of this until May 12^th.

Charles Martin: The benefit would be that we would have a little bit more time to comply. We=ve got 60 days that started on or about April 8^th to get it signed. Then, after we get it signed we=ve got various deadlines thereafter.

Carl Conner: What you are saying, we need to wait until May 12^th or whenever to sign it?

Charles Martin: It gives you more time, it would be to our benefit certainly.

Carl Conner: That=s why I asked the question.

Charles Martin: Yes, okay. I might had that what I was concerned with last week on the matter was it has certain penalties that are set forth here if we do not comply in the future to certain schedule. It does not in any where in this address whether they are going to assess penalties against us for the past. However, I have learned that they are not going to. I sent him a letter and his response was, and may be I didn=t express myself quite clear enough for him, but he says out typical agreement includes both up front civil penalties for the past violations and stipulated penalties for failure to complete with specific terms in the agreed order. Due to the circumstances in this case, the agreed order does not contain an up front civil penalty. So, he is telling us that we will not have that. I am satisfied on that.

Roger Emmons: When we met them, they basically emphasized that they were doing us a favor, and that they could already go ahead and give us up front civil penalties in substantial amounts.

Don Williams: At the same meeting, they said that always realize by fining us that is that much less money we will have to use to comply.

Charles Martin: That is true. Practicality stepped forward.

Don Williams: We are moving on that, I have taken that for action.

Roger Emmons: The R. F. Q=s are set for receipt on May 19^th.

Don Williams: We will be opening those on the May 20^th meeting I take it then.

Roger Emmons: All the consultants have been notified that you re-scheduled to the 20^th; however, the receipt is still by 4:00 P.M. on the 19^th.

Don Williams: Which was the legally advertised.

Steve Sherwood: May I add something to that? The May 20^th meeting that was set in regards to canceling the May 19^th meeting, there is an EDAC meeting at 4:00 P.M. and one of you set on that Board. I just wanted to bring that to your attention.

Carl Conner: That is I and I=m gonna be there, and that=s the night of the Hy-Rock.

Don Williams: We can cross the bridge...

Steve Sherwood: I am just saying that if that gets to be changed, Roger has sensitive material still coming on the 19^th that can be opened after that date, but others issues may come up too.

Multi-speakers.

Steve Sherwood: There may be other things that if we wanted to re-change that date, I am just throwing out there for the Board=s consideration. This may not be the only issue that=s effected if we were to change the meeting date again, is what I=m getting to.

Carl Conner: See we are changing the date because Wednesday, we are not going to be here. We moved it to Thursday, not realizing it at the time that it=s the four o=clock meeting of REDAC/EDAC, and we need to have representation there because those are important committee meetings that we need to be there. We do have an item on the Agenda which is a consideration of funding for the Hy-Rock project. I guess what Steve is saying, is there any possibility or should we consider on canceling the second scheduled County Commissioners= Meeting or setting it on another date?

Don Williams: That=s the regular meeting?

Carl Conner: No, the regular meeting would have been Wednesday, but we are moving it to Thursday.

Don Williams: That=s the regular County meeting?

Steve Sherwood: Last time, the Board had me attend the EDAC Meeting, and I can=t be at two places at once, and I know there is a Commissioner on the Board for the same reason, can=t be in two places at once.

Don Williams: The other possibility is backing it up to the Tuesday.

Steve Sherwood: Those bids won=t come in until the 19^th for this issue. They would have to go the next meeting.

Roger Emmons: No, they are not bids, they are statements of qualifications. You can chose to interview all or none. You can pick what you want.

Carl Conner: That=s the primary reason that we moved the meeting from Wednesday to Thursday. At that time, that was basically the issue that was on the Agenda.

Don Williams: We can change the time on Thursday. Instead of having the Commissioners= Regular Meeting, we will have the Drainage Board Meeting at three, we can move the Commissioners= Meeting up to two o=clock in the afternoon.

Carl Conner: Can you make it Phil at two o=clock?

Phil Baxter: Yes.

Carl Conner: It sounds good to me.

Don Williams: Do I have a motion to change that time from four to two on the 20^th?

MOTION: Carl Conner made the motion to reschedule the time of the County Commissioners= Meeting for May 20^th for four o=clock to two o=clock.

SECOND: Phil Baxter

VOTE: 3 Ayes 0 Nays

Charles Martin: In regard to this IDEM matter, let=s make sure we don=t get past June 7 on that. We may just want to take care of that on the 20^th meeting. We are signing this agreed order, getting that back. We don=t want to lose that.

Roger Emmons: So that is taken care of. I have one more item.

Don Williams: We could sit down and negotiate with them when we take it in there. In talking to Mrs. Dycus, who is the Head there at IDEM up in Petersburg, we were talking about Grants, as I recall, and we could request two opportunities to do that before they start the clock ticking. Did you hear that Roger?

Roger Emmons: For Grant application submission.

Don Williams: I think it was another County, may be Posey County, gave them another opportunity to file for that Grant twice in case it got turned down the first.

Roger Emmons: Let me call Debbie on that.

Don Williams: We will call and check on that. Some of those things they talked like we could sit down and negotiate with them as long as we are making progress. Our intent is to keep employees informed of every step that we take. They are already aware that we=ve went out for the R. I. Q=s, so as long as we are honest and up front with and we get the job done, I don=t think we are going to have a problem.

Don Williams: Second that if you will Roger.

Roger Emmons: I will.

SIGN-IN SHEET:

Don Williams: Do we have a sign-in sheet?

Roger Emmons: The last item I have, Sharon James is here. She is in our Nursing Division of the Health Department and we just got this today. It is a Grant Application for the Indiana State Department of Health, $40,000 for three years, and the purpose for this there are so many listed reasons that you have to purpose pilot projects, and this one is to reduce obesity.

Don Williams: Watch how you say that.

Roger Emmons: Example that is circled is a Demonstration Project to Reduce and Prevent Obesity in Children and Adolescents. Sharon is asking that the Board approve this and you, as President of the Board, sign this application.

Don Williams: It=s just an application for the Grant?

Carl Conner: How much is it?

Roger Emmons: The Grant is Forty Thousand. The matching funds contributed will be Twelve Thousand. I think that is for the Town of Tennyson.

Sharon James: It=s Forty Thousand a year for three years.

Carl Conner: And is it a Twelve Thousand a year match for three years?

Sharon James: I am not sure about that. It=s a percentage.

Roger Emmons: That would be twenty percent. I am sure each year it=s gonna be the same match, but you=ve got Tennyson right now, but you are not sure in the next two years where it is going to go?

Sharon James: No. The plan is for the whole thing would end up for the three year period will just be to increase the Park exercise area. The initial year, the first year, will be to develop an exercise stationary similar to what is in Wesselman Park.

Roger Emmons: We are not getting you on the tape Sharon.

Don Williams: Will you come up Sharon? For the record state your name.

Sharon James: It is forty-thousand dollars a year for three years. The first year would be to develop an exercise place that is similar to the one at Wesselman Park. You go to Station One, you do x-number of push-ups or whatever; Station Two, Three, Four, Five, Six. I think there are ten stations. The second year, and this is still up-in-the-air as to what we would do, because that plan has not been made yet. But, the thought was to develop a playground similar to the Fortress of Fun that is in Newburgh, or something of that nature. It is an ongoing plan. It is forty thousand dollars for three years, from the State. They have determined that obesity is the new number one killer of Americans, out-ranking Cardiac Disease and Cancer.

Carl Conner: I am just curious how we got Tennyson to do the twelve thousand dollar match.

Sharon James: We picked Tennyson because Newburgh does have the Fortress of Fun, and that is an activity area that kids can play on. Boonville has City Park and so forth. We came up with Tennyson. It=s an area that does not have that kind of thing. Do they have the ground that they want to use that they want to develop. There is a meeting tonight in Tennyson with the Town Board to discuss it and how they are going to raise it, but they are fully aware have to match the twelve thousand dollars.

Carl Conner: We don=t know who is going to do the match the second or third year?

Sharon James: I am assuming that they will. This just came up like yesterday.

Don Williams: This has to go out tomorrow isn=t that what you said earlier?

Sharon James: Yes. We have to over-night it tomorrow.

MOTION: Phil Baxter made the motion to sign the Grant Application.

SECOND: Carl Conner.

VOTE: 3 Ayes 0 Nays

Don Williams: Is there anything else? Joyce Cundiff state your name and your address for the records.

Joyce Cundiff: My name is Joyce Cundiff. I live at 3244 Pigeon Valley Road, Boonville, Indiana. I have a concern about the Willow Creek Subdivision that is going to be going in on Pigeon Valley Road and it=s on the roadway. The roads are very narrow. There is a curve there that=s doesn=t have much of a shoulder at all. It is very difficult to pass another car there, and I am not real sure if I=m going to be able to make it to the continued meetings, so I wanted to make sure that you are aware of the situation with the road there, because quite a few of the houses are going to be sitting on Pigeon Valley in that area right there. Thank you.

Don Williams: A couple of us will drive and come out and look at that area.

COMMISSIONERS ITEMS FOR DISCUSSION:

Don Williams: Mr. Baxter, do you have anything?

Phil Baxter: No sir.

Don Williams: Mr. Conner do you have anything?

Carl Conner: No, I don=t think so. Oh, yes I do have. I=ve got one quick question. For Steve, in regards to the Senior Citizens Center, down here and a comment. Can you give us a quick status in regards to the commercial driveway?

Steve Sherwood: We=ve got another package to us sent by the State. We got the original package through Roger from the Director over at the Senior Center. So, we scheduled a survey to go out and finalize. Improvements and package will be sent out by Friday.

Don Williams: Before we get into this. Has there been any discussion at all with the City? It is their sidewalk.

Steve Sherwood: At this time, we plan on having discussions. Yes.

Carl Conner: It is my understanding there has been - we need to be dealing with the City, it is my understanding that the City has agreed to remove the meters and cooperate to put the drive in. Has there been any decision made on the light post.

Steve Sherwood: We will need to get on site to re-evaluation that situation. It can be clear, but might be a safety issue. Again, that is another issue I would discuss with the City.

Don Williams: Could it end up being an expense issue?

Steve Sherwood: No, I don=t believe so because they are in a road right-of-way. It would be pole to pole.

Don Williams: Anything else Mr. Conner?

Carl Conner: That=s all I have.

MOTION: Carl Conner made the motion to adjourn.

SECOND: Phil Baxter

VOTE: 3 Ayes 0 Nays

WARRICK COUNTY COMMISSIONERS

______________________________________

DON WILLIAMS, PRESIDENT

ATTEST:

______________________________________

________________________________________________ CARL CONNER

RICHARD KIXMILLER, AUDITOR

WARRICK COUNTY, IN ______________________________________

PHIL BAXTER