January 6, 2009
The Hendricks County Board of Commissioners met in regular session at 9:32 AM on Tuesday, January 6, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners James Mc Bryant Administrator of Cypress Manor Monica Smith Hendricks County Director of Nursing Health Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. Commissioner Palmer gave a brief prayer for those who wished to participate. IN THE MATTER OF ELECTION OF 2009 OFFICERS
Commissioner Whicker opened nominations for 2009 officers for the Hendricks County Board of Commissioners.
Commissioner Palmer nominated Commissioner David Whicker for President of the Hendricks County Board of
Commissioners. Commissioner Wathen seconded the nomination and the nomination was approved unanimously
3-0-0.
Commissioner Wathen nominated Commissioner Phyllis Palmer as Vice President of the Hendricks County Board of Commissioners. Commissioner Whicker seconded the nomination and the nomination was approved unanimously
3-0-0. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of December 23, 2008, as corrected. Commissioner Palmer seconded the motion and the motion was approved unanimously 2-0-1 with Commissioners Whicker and Wathen
voting aye and Commissioner Palmer abstaining as she did not attend this meeting.. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve claims #190185 through 190218, 190224 thru 190237, #091663 thru
091817 and direct Deposit #045099 through 045486, as advertised. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF FLU VACCINE
Monica Smith advised the Hendricks County Nursing Health are continuing to give flu shots in their clinic in the
Hendricks County Government Center to our citizens and will continue to do so, however, they currently have an
excess of 75 doses of the influenza vaccine and requested to donate this vaccine to the Kingsway Community Care.
Ms. Smith explained they had purchased this extra vaccine to give at a “Vote and Vax’ in Brownsburg on election day, but very few people turned out to vote or get vaccinated. She further advised this vaccine was purchased with clinic revenue and that money has been replenished with the influenza shots already given this year. Kingsway is a non-profit organization that serves Hendricks County residents who do not have medical insurance and many of their patients are unable to pay for medical treatments. Kingsway Community Care uses professional and lay volunteers to staff the clinic and accept donations of time, services, financial or materials gifts. Ms. Smith further advised they have checked with the State Board of Accounts and they approved this donation as the County Health Department has received reimbursement for the cost of vaccine that was paid when citizens received their flu shots. Commissioner
Wathen moved to donate the excess flu vaccine to the Kingsway Community Care due to having an excess amount of the vaccine and that it has been fully reimbursed from shots already given. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF TOURISM COMMISISON
Emory Lencke, Executive Director Convention and Visitors Bureau, advised that Debra Beasley is no longer able to serve on the Tourism Commission and that she was the only remaining original member of the Tourism
Commission. He requested Jill Aichigner, Market Manager Beasley’s Orchard, be appointed to replace Ms. Beasley on the Tourism Commission. Mr. Lencke also requested the reappoint of Michelle Sieradzki, Group Sales &
Hospitality Manager O’Reilly Raceway Park; Janet Hicks, Primo West Banquet & Conference Center, and Dick
Thompson, Hendricks County Councilman, to serve on the Tourism Commission. The Commissioners noted they had reappointed Dick Thompson on December 2, 2008 as their representative on the Tourism Commission. Mr.
Lencke further advised these appointments are for a two-year term that will expire on December 31, 2010.
Commissioner Wathen moved to appoint Jill Aichigner and to reappoint Michelle Sieradzki and Jill Hicks to a two- year term on the Tourism Commission and for their term to be January 1, 2009 through December 31, 2010.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Whicker announced that during the regular meeting of the Regional Sewer Board this morning the bid was awarded the bid for the Exit 59 Wastewater Infrastructure project to Valenti-Held, Whitestown, Indiana, as the lowest most responsive and responsible bid received for this project ------IN THE MATTER OF RONALD REAGAN PARKWAY
Commissioner Wathen stated he, John Ayers and Greg Steuerwald had met earlier this morning with members of the Avon Chamber. He requested Mike Graham to work with the Town Councils of Avon, Brownsburg and
Plainfield for a letter of support for the completion of the Ronald Reagan Parkway. Greg Steuerwald advised Dennis
Faulkenberg, APPIAN, will provide a draft letter for consideration.
John Ayers advised he is looking at street lights at the Ronald Reagan Parkway and 56th Street in the interest of public safety at this new intersection.
Commissioner Wathen reported that Avon would like for the County to start design of the section of the Ronald
Reagan Parkway from CR 100S to CR 200S and to use the existing earmark toward this portion.
John Ayers presented a comparison of using concrete rather than asphalt and costs for the portion of the Ronald
Reagan Parkway from US 36 to CR 100S including the bridge There was discussion of these two options. It was the consensus of the Commissioners to consider these options further.
John Ayers reported he will meet later today with representatives from Department of Natural Resources (DNR) regarding some historic properties in the Ronald Reagan Parkway area north of 56th Street. IN THE MATTER OF JUDICIAL CENTER
John Ayers advised he had nothing new to report on the judicial center.
IN THE MATTER OF VERN & CARMEN GIPSON – FARMBROOK
Mike Graham responded to a letter received from the Vern & Carmen Gipson complaining about the removal of trees from property in the Farmbrook Subdivision where they live. He stated the tree removal is associated with drainage improvements the Surveyor’s office is doing in the subdivision, however, Mr. & Mrs. Gipson feel that the authority to resolve this issue is in the hands of the Commissioners and actually the responsibility is in the hands of the Surveyor. Mr. Graham presented a draft letter responding to the Gipson’s complaint asking them to work with
Dave Gaston to try and address this problem. It was the consensus of the Commissioners to sign and forward this letter to Mr. and Mrs. Gipson with a copy to Surveyor David Gaston. IN THE MATTER OF VEHICLES
Mike Graham advised that one of the Sheriff’s vehicles was totaled and Terry Kennard, Fleet Manager, is
Requesting permission to order a replacement vehicle. He stated it is anticipated the insurance will cover most of the cost. Commissioner Wathen moved to authorize purchase of a new replacement vehicle for the Sheriff’s Department.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF SHERIFF’S DEPARTMENT
Mike Graham advised the Sheriff’s retirement investment manager, McCreedy & Keene, is pushing the use of a
Morgan Stanley 457 (b) Deferred Compensation Plan and stated the County already offers a deferred compensation plan through Hoosier S.T.A.R.T. Mr. Graham stated that in order for the Sheriff to make this plan available to his staff the Commissioners would need to adopt an ordinance. He also advised that within the last couple of years another proposal was received to provide another Deferred Compensation Plan and that proposal was not approved.
It was the consensus of the Commissioners to not consider the Morgan Stanley plan at this time. IN THE MATTER OF ANIMAL CONTROL
Mike Graham reported on a call from Indy Tire regarding repair work required on one of the +140,000 mile
Animal Control vans. He stated that Mary Ann Lewis, Chief Animal Control Officer, had asked about using the donation funds to buy an additional van and the matter was deferred until a policy for the use of the donation funds was adopted. Mr. Graham presented a draft policy. Commissioner Wathen moved to allow Animal Control to purchase a new van from donation funds, not to exceed the previous amount of a van including the cost for outfitting the van for their needs. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
It was the consensus of the Commissioners to continue the policy for Animal Control donations to the January 13,
2009 meeting. IN THE MATTER OF COMPUTER DEPARTMENT
Mike Graham reported that John Parsons wanted to post the position of a recent retiree in the Computer
Department and presented a revised job description that redirects the position to better support the mission of this
Department. It was the consensus of the Commissioners to not fill this position at this time, to review the job description and for John Parsons to work with Human Resources Director Ron Love on this matter. IN THE MATTER OF DR. LLOYD TERRY
The Commissioners had previously discussed recognizing Dr. Lloyd Terry, Danville physician, for his many years of dedicated service to Hendricks County. Rich Jensen reported he had talked with Dr. Lloyd Terry and he was agreeable to a recognition during the January 13, 2009 Commissioners’ meeting. It was the consensus of the
Commissioners to present Dr. Terry with a proclamation on that date. IN THE MATTER OF SUPERIOR COURT 3 - COPIER
Receipt was acknowledged of the December 31, 2008 letter from Judge Karen Love, Superior 3, requesting a new copier. It was the consensus of the Commissioners to table this request in order to obtain more information about a copier for this office. IN THE MATTER OF EMPLOYEE SERVICE AWARDS
It was noted Kenny Mason retired December 31, 2008 after twenty-four years and eight months with the
Hendricks County Highway Department. It was the consensus of the Commissioners to order a clock for Mr. Mason in recognition of his almost 25-years of service to Hendricks County. Commissioner Wathen moved to recess the Commissioners’’ meeting at 10:30 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker opened the Tech Board at 10:31 AM. IN THE MATTER OF TECH BOARD
Commissioner Whicker announced he had received word from John Parsons, Systems Administrator, that there was nothing to bring before the Tech Board today.
Commissioner Palmer moved to adjourn the Tech Board at 10:32 AM. Commissioner Whicker seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker reconvened the Commissioners’ meeting at 10:33 AM. IN THE MATTER OF HIGHWAY BIDS – ASPHALT
John Ayers advised that due to the high cost of crude oil at the time of their original request for Highway bids they did not include asphalt and requested to advertise for asphalt bids for February 3, 2009. Commissioner Palmer moved to approve the request to advertise for asphalt bids and to open bids on February 3, 2009. Commissioner
Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF MUSEUM AND COURTHOUE
John Ayers explained some sidewalk areas at the Museum and Courthouse that were in need of repair/replacement.
He presented quotes from George R. Harvey and from Joe Powell Construction. There was discussion of mud- packing. It was the consensus of the Commissioners for John Ayers to check on the process and cost of mud-packing for these projects and report back. IN THE MATTER OF 56TH STREET
John Ayers confirmed the bid letting for reconstruction of 56th Street would be February 17, 2009.
IN THE MATTER OF CYPRESS MANOR
James McBryant presented an application for Rachel Lovins that was referred by the Eel River Township Trustee and recommended this individual be accepted as a resident of Cypress Manor. Mr. McBryant stated this individual would be qualified for financial assistance. Commissioner Palmer moved that on the recommendation of the Director of Cypress Manor to accept this individual for residency at Cypress Manor. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EMERGENCY MANAGEMENT GRANT
Receipt was acknowledged of a grant application from David Warren for a Homeland Security Sub-Grant
Agreement EDS# C44P-9-483A in the amount of $3,090.05 for communications equipment. Commissioner Wathen moved to approve and execute the application for a Homeland Security Sub-Grant Agreement, as presented.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAYTON /LIBERTY TOWNSHIP LIBRARY
Receipt was acknowledged of the December 18, 2008 letter from Jonnie Wallis-Halberstadt, Director Clayton /
Liberty Township Public Library, requesting the reappointment of Mr. Bryan Catlin to a fourth four-year term on
the Clayton / Liberty Township Library Board through December 31, 2012. Commissioner Whicker moved to reappoint Bryan Catlin to another four-year term on the Clayton / Liberty Township Public Library Board through
December 31, 2012. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CREDIT CARD
There was discussion of usage of the County credit cards by the various departments, limits, those authorized to use the cards and the credit card policy. It was the consensus of the Commissioners to review the credit card policy. IN THE MATTER OF AUDITOR’S OFFICE
Auditor Cinda Kattau explained the over 65 circuit break based on income and value and that she will extend the deadline for this filing until the end of February 2009. It was the consensus of the Commissioners for Auditor Cinda
Kattau to issue a new release of this information to the Hendricks County citizens. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence and calendar:
Correspondence:
Action needed/taken on the following:
1. Checks received and signed to the county:
a. Cincinnati Insurance Companies $798.49 Vehicle Damage
2. Whicker signed vehicle titles for the following: None
3. Documents needing action: None
IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the December 29 to December 31, 2008 Highway report from Martin Summers,
Highway Superintendent. ------IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the December 29. 2008 to January 2, 2009 Human Resources report from Ron
Love, Human resources Director.
IN THE MATTER OF TREASURER
Commissioner Palmer announced that during the swearing in ceremony held January 1, 2009 at the Courthouse
Judge Jeffrey Boles, Circuit Court, recognized Treasurer Nancy Marsh as an outstanding elected official.
IN THE MATTER OF LEGISLATION
Greg Steuerwald presented for review a draft copy of the proposed legislation to restructure local County government offices and to establish one Commissioner as a Chief Executive.
Commissioner Palmer moved to adjourn the Commissioners’ meeting at 11:00 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
January 13, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, January 13, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor David Galloway Hendricks County Sheriff Steve Wagner Hendricks County Chief Deputy Megan Morgan Hendricks County Jail Matron John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of January 6, 2009, as corrected. Commissioner Palmer
seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF RECOGNITION OF DR. LLOYD TERRY
Commissioner Whicker welcomed Dr. Lloyd Terry and read the following proclamation:
P R O C L A M A T I O N Recognizing DR. LLOYD TERRY
BE IT REMEMBERED THAT: Dr. Lloyd Terry was born in Hendricks County, graduated from Amo High School, attended Indiana University and after being drafted in World War II he enrolled in the Naval Reserve where he finished his medical courses and graduated in 1945. He served four years as a Medical Officer in active duty in the Navy.
BE IT REMEMBERED THAT: Dr. Terry started in private medical practice in 1945 and in 1955 Dr. Robert Kirtley, Danville, joined his medical practice. Drs. Terry and Kirtley were among the first members of the active medical staff of Hendricks County Hospital when it opened to admit patients in 1963. They were appointed fulltime Emergency Room Physicians at the Hendricks County Hospital in 1976 where Dr. Terry served until 1983 when he retired.
BE IT ALSO REMEMBERED THAT: Dr. Terry has served as President of the Hospital Medical Staff and the Hendricks County Medical Society. In 1951 Dr. Terry was appointed Hendricks County Health Officer and served in that capacity until 1982. The Hendricks County Health Board was organized December 10, 1962. Dr. Terry has served as a member of this Board from 1982 until he resigned from the Board on December 31, 2008. He served as Chairman of the Board 1993-1995, 1996-1999 and 2000-03.
BE IT FURTHER REMEMBERED THAT: Dr. Terry received the 50 Years of Practice Award from Hendricks Regional Health in 1995, was named Senior Citizen of the Year by the Danville Chamber of Commerce in 1995 and on December 18, 2004 the Hendricks Regional Health and the Town of Danville dedicated a new north-south street adjacent to the hospital as Terry-Kirtley Drive. Dr. Terry worked to provide major preventive medicine and to resolve public health problems; he worked to establish commercial, industrial and residential wastewater and sewer systems in the towns, which has resulted in improved health of county citizens. He talked to school classes about hygiene and immunization. He was awarded the Hulman Award for Outstanding Achievement in Public Health in 2008. Dr. Terry commented, “Public Health is not easily summarized, but the obvious benefits of public health work, like a safe food supply and the prevention of serious illness through childhood immunizations, are apparent in our everyday lives.”
NOW, THEREFORE, IN CONSIDERATION: Of the above contributions to Hendricks County by Dr. Lloyd Terry, the Hendricks County Commissioners in their unanimous and inherent jurisdiction, by this Proclamation do hereby declare, recognize and honor Dr. Lloyd Terry for his many contributions to Hendricks County. This order entered January 13, 2009.
David A. Whicker, President SEAL (SIGNED) Phyllis A. Palmer, Vice President Eric L. Wathen, Member
Dr. Lloyd Terry expressed his appreciation to the County, to the Health Department Staff and the citizens of Hendricks County.
Commissioner Whicker thanked Dr. Terry for his many contributions to Hendricks County and invited everyone to a reception
honoring Dr. Terry in the Government Center lounge. The Commissioners recessed the Commissioners’ meeting at 9:40/ AM to attend the reception for Dr. Terry. Commissioner Whicker reconvened the Commissioners’ meeting at 9:55 AM. IN THE MATTER OF ORDINANCE NO. 2009-01 ANNUAL SEX OR VIOLENT OFFENDER REGISTRATION FEE, A SEX OR VIOLENT OFFENDER ADDRESS CHANGE FEE AND ESTABLISHING THE HENDRICKS COUNTY SEX OR VIOLENT OFFENDER ADMINISTRATION FUND
Commissioner Whicker announced he was opening the public hearing to establish an Ordinance for Annual sex or Violent
Offender Registration Fee, a Sex or Violent Offender Address Change Fee and establishing the County Sex or Violent Offender
Administration Fund and had been duly advertised in The Republican and the Hendricks County Flyer. There was no public input. Commissioner Palmer moved to close the public hearing for this ordinance. Commissioner Wathen seconded the motion and the moiton was approved unanimously 3-0-0. Commissioner Palmer moved to approve and establish Ordinance 2009-01 to establish Annual Sex or Violent Offender Registration Fee, a Sex or Violent Offender Address Change Fee and establishing the
County Sex or Violent Offender Administration Fund, as presented. Commissioner Wathen seconded the motion. There was discussion of this ordinance. Megan Morgan stated this ordinance now brings Hendricks County into compliance with the State
Statute. The motion was approved unanimously 3-0-0. IN THE MATTER OF ORDINANCE NO. 2009-02 ESTABLISHING THE COLLECTION OF SHERIFF’S FEE FOR SHERIFF’S SALES
Commissioner Whicker announced he was opening the public hearing for An Ordinance Establishing the
Collection of the Sheriff’s Fees for Sheriff’s Sales and this had been duly advertised in The Republican and the
Hendricks County Flyer. Megan Morgan stated this is an increase in fees to cover the Sheriff’s fees for the Sheriff’s monthly sales and will bring Hendricks County into compliance with the Indiana State law. There was no public input. Commissioner Wathen moved to close the public hearing for this ordinance. Commisisoenr Palmer seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Wathen moved to adopt Ordinance
No. 2009-02, An Ordinance Establishing the Collection of the Sheriff’s Fees for Sheriff’s Sales, as presented.
Commissioner Palmer seconded the motion. There was discussion this was an increase in the fees and of the collection process. The motion was approved unanimously 3-0-0. IN THE MATTER OF RESOLUTION 09-01 VACATION OF A PUBLIC STREET - CR 1000S
Commissioner Whicker opened the public hearing for Vacation of a Public Street and stated this public hearing had been duly advertised in both The Republican and the Hendricks County Flyer. John Ayers explained this is for the abandoned portion of CR 1000S, between SR 39 and I-70, which was abandoned when I-70 was built and is no longer used as it now goes nowhere. Mr. Ayers further advised this roadway will revert back to the property owner and the same property owner owns on both sides of this road. There was no public input. Commissioner Wathen moved to close the public hearing for this ordinance. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Palmer moved to approve and adopt Resolution 09-01 to Vacate a
Public Street, the abandoned portion of CR 1000S between SR 39 and I-70. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Palmer moved to approve claims #190271 thru 190295, as presented. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Whicker advised he talked to the President of the Monrovia Town Council and he will meet with him on Monday, January 26, 2009 at 7:30 PM in the Monrovia Town Hall to discuss Exit 59 wastewater.
John Ayers stated that Lauth has ceased working on Westpoint Business Park due to the winter weather.
John Ayers explained he will address the Regional Sewer Board on January 20, 2009 to discuss wetlands mitigation in the County owned lift station site, located south of I-70. IN THE MATTER OF RONALD REAGAN PARKWAY
Commissioner Whicker acknowledged receipt of the January 2, 2009 letter from the Town Council of Avon advising they have taken the position that concrete material should be the preferred pavement for any new construction on Ronald Reagan Parkway and any reconstruction of the existing Parkway.
Commissioner Wathen stated he met with the new Avon Town Council President, Greg Zusan.
John Ayers advised he is continuing to look at possible street lights at the new intersections of Ronald Reagan
Parkway and SR 136 and at CR 600N.
Tom Klein, Avon Town Manager, stated he was attending the meeting today for the discussion regarding the
Ronald Reagan Parkway. Commissioner Whicker informed Mr. Klein the Commissioners would be discussing the use of concrete on the Ronald Reagan Parkway at the January 20, 2009 meeting.
Commissioner Wathen stated he would like to use the earmark for design of the next phase of the Ronald Reagan
Parkway. IN THE MATTER OF JUDICIAL CENTER
John Ayers presented a proposed list of members for the committee to work with the Judicial Center Study. There was discussion of increasing the number of “citizens” on the committee. Steve Craney, Banning Engineering, stated they are planning at least five meetings including visiting sites and will begin meeting in early February. It was the consensus of the Commissioners to appoint six citizens for this committee with each Commissioner appointing two and the other members by position of the following:
1 Commissioner 1 Council Member 1 Prosecutor Representative 2 Judges 1 Clerk’s Office Representative 1 Sheriff Representative 1 Danville Town Manager 1 Danville Town Council Member 6 Citizens-at-large 1 Bar Assoc Representative County Staff Banning Engineering / arc Design
Each Commissioner will present the names of their two citizen representatives at the next meeting. Jerry Vornholt, commercial realtor, offered to serve on this study committee. IN THE MATTER OF CREDIT CARD POLICY
Mike Graham responded to the Commissioners request to review the current Credit Card Policy and presented a copy of the current policy. There was discussion of this policy. It was the consensus of the Commissioners for Mike
Graham to meet with Auditor Cinda Kattau, Treasurer Nancy Marsh and several department heads to discuss credit card usage. IN THE MATTER OF BLACKBERRYS
Mike Graham presented a list of the registered BlackBerry users in the County in an excel list of the current 144 users. It was the consensus of the Commissioners for Mike Graham to talk with the Sheriff on the number of
BlackBerry users in his department.
IN THE MATTER OF TOWN OF DANVILLE
Mike Graham stated that Gary Eakin, Danville Town Manager, has asked to meet with him on January 15, 2009 to talk about developing a Memorandum of Understanding (MOU) between Danville and the County on transferring the current Town Hall property to the County. Mr. Graham referenced in 2007 the Commissioners had a meeting with the Danville Town Board and asked Danville to make a financial commitment to keeping the judicial center downtown. He also advised that based upon that direction Danville has pursued finding another location for the
Danville Town Hall and it appears they will be successful in using the old Danville Middle School building. It was the consensus of the Commissioners to proceed with the process of developing an MOU with The Town of Danville for this property. ------IN THE MATTER OF 839 SOUTH TENNESSEE - BLUE HOUSE
Mike Graham gave an update on the little blue house, located at 839 South Tennessee in Danville, which is currently owned by the County, and is being considered as a possible location for a County health clinic. Mr. Graham stated that Jerry Vornholt, a commercial realtor, has a client who may be interested in purchasing this property and has asked if he could make a written offer. Mr. Vornholt stated he had a contractor that had expressed interest in purchasing this property. John Ayers questioned since this property was advertised for bids if it was necessary to re- advertise for bids. Greg Steuerwald stated he will check on this issue and bring back a recommendation. IN THE MATTER OF HOMELAND SECURITY - GIS
Mike Graham stated on November 11, 2008 the Commissioners approved seeking a Homeland Security grant in the amount of $14,894 which would help solve some of our addressing issues, however, a condition of the grant is that we provide the State a copy of our GIS information in exchange for the grant money. He further stated the
Commissioners approved the concept at that time. Mr. Graham presented a Memorandum of Understanding (MOU) with the State Homeland Security Department to release our GIS information to the State and stated this MOU needs to be a part of the original grant application. It was the consensus of the Commissioners to execute this MOU which is a part of the Homeland Security grant. IN THE MATTER OF ANIMAL CONTROL DONATIONS FUND
Mike Graham presented a memorandum to clarify the Commissioners expectations on the expenditures of the donation money received by the Animal Control Department. There was discussion of the memo and some suggestions were made. It was the consensus of the Commissioners for Mike Graham to make these changes and bring back for further consideration. IN THE MATTER OF HIGHWAY FUNDING
John Ayers advised he had been notified by the State Highway Department that Hendricks County will receive 10% less funding from the State in 2009 than they did in 2008 as citizens are purchasing less gas. IN THE MATTER OF GOVERNMENT CENTER GENERATOR
John Ayers explained the generator supplier discovered while checking the loads used to estimate the size of the natural gas generator needed for the Government Center that it had been underestimated and now estimates we need a 130 KVA, which is the next size larger size generator for an additional $2,649. Mr. Ayers stated with this larger generator, wiring/installation, gas line installation and concrete pad/dock extension the total will be $77,059, which is well under the original estimate of $98,630.
Commissioner Wathen moved to switch to the larger generator for the Government Center, as recommended, for a total cost or
$77,059. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF COUNTY VEHICLE MAINTENANCE
John Ayers presented the two-year Agreement with Indy Tire Center for Preventative Maintenance & Repair of
County-Owned Administrative Vehicles for 2009 and 2010, which was previously approved. It was the consensus of the Commissioners to sign this previously approved agreement with Indy Tire Center for maintenance of County vehicles. John Ayers also advised the alternative provider for County vehicle service would be Sullivan’s Tires. IN THE MATTER OF FAIRGROUNDS
John Ayers presented a letter from Leonard Rowe, Old Farm, expressing appreciation for the paving of the interior road at the Hendricks County 4-H Fairgrounds and Conference Complex. IN THE MATTER OF MUSEUM AND COURTHOUSE SIDEWALKS
John Ayers responded he had checked on using mud jacking to repair the sidewalk and drive area of the Museum and the Courthouse and that it would not work for all the areas that needed to be repaired. He recommended tearing out and replacing the sidewalk and possibly using mud jacking for one area. It was the consensus of the
Commissioners to tear out all the deteriorated sidewalk areas referenced by the County Engineer and replace. IN THE MATTER OF 56TH STREET
John Ayers announced bids for reconstruction of 56th Street would be opened during the Commissioners’ meeting on February 17, 2009. IN THE MATTER OF SUPERIOR 3 - COPIER
Receipt was acknowledged of a request from Judge Love, Superior 3, for a new copier. We have been advised
Superior 3 has only one copier in their department and it was one of the first Canon copiers that we purchased and that it is beginning to require a lot of maintenance and is no longer making good copies. They are requesting a replacement with the same capabilities of the one they have including a three-hole punch, stapler and one that is heavy duty and make copies fast. We have a price from Canyon Falls of $8,180 that will be the same model copier ordered for the Prosecutor’s office. Commissioner Whicker moved to purchase a new copier for Superior 3.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF HEALTH BOARD – APPOINTMENTS
Cathy Grindstaff had advised that Diane Guljas was moving and would be unable to fulfill her term on the
Hendricks County Health Board through December 31, 2009 and Dr. Lloyd Terry has resigned due to health reasons and would be unable to complete his term through December 31, 2011. Dr. David Hadley presented a list of five names from the Health Board for consideration of filling these two vacancies on the Board. There was discussion of other individuals to be considered for these two vacancies. Commissioner Wathen moved to appoint Linda Bledsoe,
Democrat, as the citizen appointee to replace the unexpired term of Ms. Guljas through December 31, 2009.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Commissioner Whicker moved to appoint Dr. James Richardson, Republican, as the physician to replace Dr. Lloyd
Terry for the unexpired term through December 31, 2011. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. IDEM, Office of Air Quality, Steel Dynamics, permit decision available on the enclosed CD. 2. IDEM, Office of Air Quality, Milestone Contractors, Receipt of Air Permit Application 3. IDEM, Office of Water Quality, Town of Brownsburg wastewater treatment plant permit application to construct a CSO Storage Facility in Brownsburg. 4. IDEM, Office of Air Quality, ArvinMeritor, Notice of Decision-Approval. 5. Mick Hickman, Guilford Township Trustee has sent a copy of the 2009 Monthly Gross Income Guidelines for Township Assistance as approved by the Guilford Township Board.
Action needed/taken on the following:
1. Checks received and signed to the county:
2. Whicker signed vehicle titles for the following:
a. Sheriff’s Department 2008 Crown Victoria (In the pond)
3. Documents needing action:
a. Cincinnati Insurance Company Bond Cinda Kattau $100,000.00 IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the January 2 to January 6, 2009 Highway report from Martin Summers, Highway
Superintendent. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the January 5 – 9, 2009 Human Resources report from Ron Love, Human
Resources Director. IN THE MATTER OF VETERANS’ RE;PORT
Receipt was acknowledged of the December 2008 monthly Veterans’ Report from Lori Turpin, Veterans Service
Officer.
Commissioner Wathen moved to adjourn the Commissioners’ meeting at 11:30 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member ATTEST: ______Judith Wyeth, Deputy Auditor
January 20, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, January 20, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Dr/ David Hadley Hendricks County Health Director Cathy Grindstaff Hendricks County Environmental Health Director Jim Richards Hendricks County Assistant Engineer Larry Crowder Hendricks County Environmental Health Department Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Palmer moved to approve the minutes of January 13, 2009 as corrected. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve claims #190298 thru 190763, #091844 thru 091994 and Direct Deposit
#045487 thru 045874, as advertised. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Cinda Kelley, Executive Director Hendricks County Economic Development Partnership, advised she met with a firm on the Kite property that is looking at possibly developing and stated they will make their final decision in mid
February 2009. She further advised a total of three companies have made on-site visits to the Kite property and Lauth property, however, as of this date none of them have made a commitment.
Commissioner Whicker announced that he will have a meeting with the Monrovia Town Council on Monday,
January 26, 2009 to discuss sewer service at Exit 59. He also stated the Regional Sewer Board this morning approved and signed a letter to Bob Marley, President Monrovia Town Council, regarding discussion points for the maintenance of the sewer line that will be constructed in Hendricks County.
John Ayers presented a Change Order for Westpoint Business Park Phase 1 infrastructure in the amount of
$106.486.80 for all direct, indirect, impact costs and time extensions incurred on this project to date. Commissioner
Wathen moved to approve the Change Order, as recommended by the County Engineer, in the amount of
$106,486.80. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF RONALD REAGAN PARKWAY
Tom Klein, Avon Town Manager, referenced their January 2, 2009 letter stating the Town Council of Avon has taken the position that concrete material should be the preferred pavement for any new construction on the Ronald
Reagan Parkway and any reconstruction of the existing Parkway. There was discussion of the cost to change the
Parkway to concrete and the time for any required redesign. Commissioner Wathen requested American
Structurepoint to look at using concrete for construction of the Parkway from CR 300N to US Hwy 136.
Commissioner Wathen announced there would be a Ronald Reagan Funding Task Force meeting on Tuesday,
February 17, 2009 at 4:00 PM.
Commissioner Wathen requested discussion of an increase of the Wheel Tax for use on the Ronald Reagan
Parkway be added to the agenda for the joint Commissioner and Council meeting on Thursday, February 12, 2009. IN THE MATTER OF JUDICIAL CENTER
Commissioner Whicker stated last week the Commissioners agreed to add additional citizen members to the study group for the Judicial Center and each Commissioner was to present two names. The Commissioners each presented the names of two citizen appointees to the Judicial Study, Phase 2 Advisory Team and the following individuals were named
Commissioner Palmer appointed Bill Holland, Avon Mitch Haase, Plainfield
Commissioner Whicker appointed: David Himsel, Danville Jeff Fleece, North Salem
Commissioner Wathen appointed: Tonee Bell. Brownsburg Danielle Whitlock, Pittsboro
These names were submitted to County Engineer John Ayers and Steve Craney, Banning Engineering, to contact and to set up meetings and site visits for the Judicial Center Advisory Team. It was the consensus of the Commissioners to designate Commissioner Palmer as the Commissioner’s representative to this Advisory group. IN THE MATTER OF ORDINANCE FOR WOOD BURNING FURNACES
Cathy Grindstaff presented a revised draft ordinance for wood burning furnaces that was referred to the
Commissioners by the Hendricks County Health Board and explained this revised ordinance. Dr. Hadley stated the
Environmental Health Department had received some citizen complaints about the quality of air from wood burning furnaces. She also stated Robert Russell had addressed the Health Board at their January 6, 2009 meeting and the
Health Board had requested that an ordinance be drafted for consideration. Larry Crowder explained the quality of air that resulted from these wood burning furnaces and gave the recommendation for distance from neighbors for installation.
Robert Russell, 6212 South Street, Stilesville, complained about a neighbor’s wood burning furnace and expressed health concerns. He also advised he was the citizen that had approached the Health Board on this issue.
President Whicker dismissed himself from the meeting due to conflict on this issue and left the room at 10:10 AM.
Vice President Palmer took charge of the meeting.
There was discussion of clarification of the requirements, the number of wood burning furnaces in Hendricks
County, jurisdiction and the number of complaints. Dean Turner, Health Board member, stated an individual brought this complaint before the Health Board and in response to his complaint they requested a draft ordinance for further consideration. There was discussion about exempting existing units from the ordinance. Commissioner Wathen stated he was concerned about the proposed ordinance because it did not have a “grandfather” provision for existing furnaces. Dr. Hadley stated there is a proposed waiver procedure and he stated the Health Department is compassionate in doing their work. It was the consensus of the Commissioners to take this draft ordinance for wood burning furnaces under advisement and place on the February 3, 2009 agenda. President Whicker returned to the meeting at 10:23 AM. IN THE MATTER OF 56TH STREET (CR 600N) - NOTICE TO BIDDERS
John Ayers presented the Notice to Bidders for roadway reconstruction and widening, storm sewer and sanitary
sewer improvements, and traffic signal installation for 56th Street (CR 600N) from CR 900E to Raceway Road and including the replacement of Hendricks County Bridge No. 44, located on CR 600N over School Branch Creek.
Mr. Ayers requested to advertise this notice for bid opening on February 17, 2009. It was the consensus of the
Commissioners to advertise the Notice to Bidders for 56th Street, as requested by the County Engineer. IN THE MATTER OF COUNTY VEHICLE MAINTENANCE
John Ayers presented the agreement for Preventative Maintenance & Repair of County Owned Administrative
Vehicles for the Secondary Vendor, Sullivan’s Tire, as was previously approved with Indy Tire being the primary vendor. It was the consensus of the Commissioners to execute this previously approved agreement with Sullivan’s
Tire as the secondary vendor for maintenance of County owned vehicles. IN THE MATTER OF ANIMAL CONTROL
Mike Graham presented a press release that was prepared by Mary Anne Lewis, Chief Animal Control Officer, to announce the Saturday hours and noted some change that he had made. He also advised that Ms. Lewis has prepared an announcement and placed copies at various pet stores and has displayed this notice at the new Animal Control facility. It was the consensus of the Commissioners to approve this press release on Saturday hours and to also place the hours on the County web site including the Animal Control address and telephone number.
Commissioner Palmer requested some new additional signage identifying the Multiplex and the new Animal
Control facility location. IN THE MATTER OF SHERIFF DEPARTMENT - BLACKBERRYS
Mike Graham advised he had been unable to complete the research on the BlackBerry cost issue with the Sheriff ‘s
Department and stated he will complete the research and have a complete report ready for the Commissioners’
January 27, 2009 meeting. IN THE MATTER OF EMERGENCY MANAGEMENT ADVISORY COUNCIL
Mike Graham advised that he had met with Commissioner Dave Whicker and Councilman Jay Puckett to talk about the composition of the Emergency Management Advisory Council and presented a memo outlining some options for the membership of the advisory council that they discussed. Mr. Graham further advised that after their discussion they developed an agreement to recommend a seven member advisory council as follows:
1 Commissioner 1 Councilor 1 Member from a small town council 1 Member from a large town council Chairman of the Hendricks County Police Chief Association Sheriff Chairman of the Hendricks County Fire Chief Association
He also stated that in the future if there was an increase in the seven member advisory council any addition must go before the Commissioners for their approval. It was the consensus of the Commissioners to take this composition of the Emergency Management Advisory Council under advisement and to place on the Commissioners’ February 3,
2009 agenda. IN THE MATTER OF EMPLOYEES
Mike Graham presented an Economic Staff Reduction report from Ron Love, Human Resources Director, a
Position Review Procedure, a Performance Management Program and an Annual Performance Evaluation along with guidelines for consideration. Mr. Graham stated the annual performance evaluation program will be on the agenda for
January 27, 2009.
Mike Graham also advised discussion of a possible employee hiring freeze will be on the agenda for the February
12, 2009 joint Commissioner and Council meeting at 4:00 PM. IN THE MATTER OF SIDEWALKS - WASHINGTON STREET
Commissioner Wathen requested John Ayers to have his staff remove the snow that has now accumulated on the sidewalks along Washington Street in front of the Government Center. Commissioner Wathen moved to recess the Commissioners’ meeting for the Tech Board at 10:50 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker opened the Tech Board at 10:51 AM. IN THE MATTER OF TECH BOARD
Commissioner Whicker announced he had been notified that John Parsons had nothing to bring before the Tech
Board today.
Commissioner Wathen requested Mike Graham check with the Computer Department on an overhead project for the Commissioners’ meeting room.
Commissioner Palmer moved to adjourn the Tech Board at 10:52 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker reconvened the Commissioners’ meeting at 10:53 AM. IN THE MATTER OF DRUG-FREE WORKPLACE POLICY - HIGHWAY DEPARTMENT
Receipt was acknowledged of the January 16, 2009 request from Highway Department to review the County Drug
Screen Policy with Midwest Toxicology Services with a copy of the December 2009 Midwest Toxicology Services,
Inc. listing some suggested DOT policies for updating contracts. A copy of the original June 1994 policy was also attached for consideration. It was the consensus of the Commissioners for Human Resources to work with Highway
Department to review and update this contract for a drug-free workplace policy. IN THE MATTER OF EQUITABLE SHARING AGREEMENT - SHERIFF DEPARTMENT
Receipt was acknowledged of The Equitable Sharing Agreement and Certification from the Department of Justice and Department of the Treasury sent by Sheriff David Galloway. It was noted this is an annual report and that Sheriff
David Galloway has signed this agreement and forwarded to the Commissioners for their approval and signature.
Commissioner Palmer moved to approve and authorize the President to sign the Equitable Sharing Agreement and
Certification on behalf of the Commissioners. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF AUDITOR’S OFFICE - INAPPROPRIATE EXPENSES
Auditor Cinda Kattau reported they had received several claims for inappropriate expenditure of funds and that she had sent out an email to all departments listing some of the items on claims that were not acceptable. Ms. Kattau stated that some departments are purchasing bottled water and funding from their line for office supplies. It was the consensus of the Commissioners that the County will not pay for bottled water as it is inappropriate to use County funds for bottled water, however if employees in a department want to personally contribute money to purchase bottled water they may do so, but they cannot turn in claims for county funding of bottled water. IN THE MATTER OF PAYROLL
Commissioner Palmer asked Auditor Cinda Kattau if anyone had looked at paperless payroll in order to save the
County money for paper and for postage. Ms. Kattau stated they are looking at a process and at the cost savings to the County. IN THE MATTER OF ASSOCIATION OF INDIANA COUNTIES - LEGISLATIVE DAY
The 2009 Association of Indiana Counties (AIC) Legislative Conference was announced for Tuesday, February 24 and Wednesday, February 25, 2009. Commissioner Palmer and Commissioner Wathen both requested to be registered to attend the Wednesday, February 25, 2009 session for the AIC Legislative Conference. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. Cummins Behavioral Health Systems, Inc., Board of Directors Meeting, Thursday, January, 22, 2009, Milestone, Greencastle, IN, 7:00 p.m.
Action needed/taken on the following:
1. Checks received and signed to the county:
2. Whicker signed vehicle titles for the following:
3. Documents needing action:
a. Cincinnati Insurance Company $2,278.13 b. Governmental Insurance Exchange $250.00 tow bill c. Governmental Insurance Exchange $15,365.00 Vehicle in pond IN THE MATTER OF VETERANS’ REPORT
Receipt was acknowledged of the corrected December 2008 Veterans’ report from Lori Turpin, Veterans’ Service
Officer.
IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the January 12 -16, 2009 Human Resources report from Ron Love, Human
Resources Director. IN THE MATTER OF PLANNING AND BUILDING
Receipt was acknowledged of the Planning and Building Department Report of Collections of January 5, 2009 from Don Reitz, Planning and Building Director.
Commissioner Palmer moved to adjourn the Commissioners’ meeting at 11:10 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member ATTEST: ______Judith Wyeth, Deputy Auditor
January 27, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, January 27, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor Paul T. Hardin Hendricks County Recorder John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Ron Love Hendricks County Human Resources Director Monica Smith Hendricks County Director Nursing Health Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of January 20, 2009 as corrected. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Palmer moved to approve claims #190769 thru 190780 and 190781 thru 190807 as advertised.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF HEALTH DEPARTMENT
Monica Smith presented an application for a grant from the National Association of County and City Health
Officials (NACCHO) and stated this is a $5,000 grant that they received last year and are now making application this year for another $5,000. Commissioner Palmer moved to approve the application for the National Association of
County and City Health Officials grant for $5,000 and authorize the President to sign on behalf of the Commissioners.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Whicker announced that he, Mike Graham and Webb Bernhardt, American Structurepoint, met with the Monrovia Town Council on Monday, January 26, 2009 to discuss exploring the possibilities of the Town of
Monrovia providing sanitary sewer maintenance of the sewer lines that will serve the Exit 59 area. He stated the
Town of Monrovia and the Hendricks County Regional Sewer District have in place a wholesale agreement under which the Town will treat wastewater collected from Hendricks County Regional Sewer District’s system and if
Monrovia agrees their role would be expanded to include some maintenance and management functions.
Commissioner Wathen advised there is a potential project for the Kite site and at this time the company is assessing the site and have not made a commitment.
John Ayers reported a Kite representative was scheduled to appear before the Plan Commission Technical
Advisory Committee on January 23, 2009 to discuss the 70 West Commerce Park amendment to change the road design, however, they failed to show up at the meeting.
John Ayers also reported the representatives for the proposed Love’s Truck Stop at Exit 59 are meeting with
INDOT on road access issues.
There was discussion of development at Exit 59. It was the consensus of the Commissioners for Mike Graham to meet with Council President Larry Hesson on Exit 59 and ask about who would be the Council’s point person to meet with a company. IN THE MATTER OF RONALD REAGAN PARKWAY
Commissioner Wathen discussed the projects that various counties are sending to the state to be included on any stimulus package list. Plans for the Ronald Reagan Parkway are ready to go and should stand a good chance of being approved. Commissioner Wathen also stated the towns and chambers in the county and the Commissioners have all sent letters to our congressmen stressing the impact the Ronald Reagan Parkway will have on economic development in Hendricks County.
John Ayers also advised that the required information for four projects, all segments of the Ronald Reagan
Parkway, have been turned in to the Metropolitan Planning Organization (MPO for the list. IN THE MATTER OF JUDICIAL CENTER
John Ayers stated they had received the names of the appointees to the Judicial Center Task Force from the various departments except from the Sheriff, County Council and Bar Association. IN THE MATTER OF RECORDER’S OFFICE
Recorder Paul T. Hardin presented a Schedule D to a contract with Fidlar Technologies for Laredo software for the Recorder’s Office and advised that Attorney Greg Steuerwald had reviewed and approved this contract. Mr.
Hardin stated this software would put the records in the Recorder’s Office of the past twenty years on the internet at no cost to the County and that those accessing this information will pay the IT company a fee and these fees will be applied toward payment for this software. He further stated this contract would be effective February 1, 2009.
Commissioner Palmer moved to approve the contract with Fidlar Technologies for Laredo software for the Recorder’s
Office and authorize the President to sign the Schedule D of the contract. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
Paul Hardin further advised that activity in the Recorder’s Office has slowed down and he is currently having his staff scanning the older documents that will be added to the internet for the years prior to the current twenty years they have scanned. IN THE MATTER OF SHERIFF DEPARTMENT - BLACKBERRYS
Mike Graham responded to the Commissioners’ inquiry on the Blackberrys in the Sheriff’s Department and stated the Sheriff provided an explanation regarding the cost of the Blackberrys and stated the County is responsible for no more than $2,500 per month from the General Fund for Sheriff Department phones. He stated the Sheriff funds the remainder of their cell phone (Blackberrys) from the Commissary Fund, therefore, the Sheriff has the discretion to determine what type of phone system he uses. Mr. Graham also stated the $2,500 amount was agreed to before the
Blackberrys and it is the same after the Blackberrys. He further advised that the Sheriff is in compliance with the phone agreement. IN THE MATTER OF WORK RLEASE CENTER
Mike Graham reported he has talked to two of the Superior Court Judges regarding the chain of command for supervision of the Work Release Center to determine if there was proper authorization to purchase various items.
Mr. Graham stated the two Judges were not aware the items were purchased. He also stated he was advised that Todd
McCormack had the Work Release Center under his supervision and after talking to Todd McCormack he learned that
Mr. McCormack was only recently made aware of the expenditures. Mr. Graham advised that both Judges and Todd
McCormack did not think the expenditures were appropriate and while Todd McCormack has not comprehensively reviewed the Work Release claims he wants to assure the Commissioners that he will review all future claims in detail. IN THE MATTER OF HIGHWAY DRUG TESTING POLICY
Mike Graham advised he has asked the staff at the Highway Department and Ron Love, Human Resources, to evaluate the need to amend the drug testing policy at the Highway Department that was presented last week and bring back a report and recommendation. IN THE MATTER OF CONSERVATION CLUB DAM
Mike Graham stated the Commissioners had received a note regarding how we determine a value for the sale of land to Sycamore Services land for their proposed child care center. The concept was Sycamore Services pays for the land the amount it cost to repair the dam. Conceptually, Pat Cockrum, Executive Director Sycamore Services, does not have a problem with this approach and he is taking it to his board. Mr. Graham further advised that last week we received a copy of the Letter of Intent signed by all the property owners surrounding the Conservation Club Lake. It was the consensus of the Commissioners for Mike Graham to continue discussions with Sycamore Service about selling the land. IN THE MATTER OF CARTERSBURG
Mike Graham advised the Commissioners they are to receive a letter from Rich Carlucci, Plainfield Town
Manager, on January 27 or 28, 2009 regarding Plainfield providing sewer service to residents in Cartersburg. It was the consensus of the Commissioners for Mr. Graham to forward the letter from Plainfield regarding Cartersburg to American Structurepoint, Inc. (ASI) to review and comment. IN THE MATTER OF HIGHWAY TRUCKS
Commissioner Whicker noted Wayne Marsh, Highway Garage Supervisor, was on the agenda to bring a lease agreement for four new trucks for the Highway Department, however, Mr. Marsh has called and advised the agreement from I-H has not been received and requested to be continued to next week. It was the consensus of the
Commissioners to continue the discussion of the I-H lease for Highway trucks to the February 3, 2009 meeting. IN THE MATTER OF EMERGENCY MANAGEMENT GIS GRANT
Mike Graham advised the Emergency Management Homeland Security grant for Hendricks County participation of GIS information with the IndianaMap in the amount of $14,894 that was approved by the Commissioners on
January 13, 2009 had an error on the grant that needed to be corrected and signed again by the Commissioners. It was the consensus of the Commissioners for the President to sign the corrected agreement for the previously approved grant for Emergency Management Homeland Security for Hendricks County participation in IndianaMap, as presented. IN THE MATTER OF EMPLOYEE EVALUATION
Ron Love presented the Annual Performance Evaluation form for employees and stated he will contact the elected officials and department heads to do these employee evaluations annually on the anniversary of the employee. Mike
Graham requested additional time to share this evaluation form with the Council. It was the consensus of the
Commissioners to refer the employee evaluations form to the Council for their review and comment. IN THE MATTER OF 56TH STREET (CR 600N)
John Ayers presented the Agreement for Engineering Services from USI for construction inspection of CR 600N
(56th Street) reconstruction from CR 900E to and including the Intersection at Raceway Road in the amount of
$636,000 and stated Greg Steuerwald had reviewed and approved this agreement. Commissioner Palmer moved to approve and execute the construction inspection agreement with USI for 56th Street in the amount of $636,000, as presented. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF ANIMAL CONTROL - BUILDING
John Ayers advised the County previously advertised a Notice to Bidders to purchase the former animal control building and received no response, therefore, he requested to advertise for demolition bids of this structure.
Commissioner Palmer moved to advertise for demolition bids for the former animal control building. Commissioner
Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF BLUE HOUSE - 839 S. TENNESSEE STREET
John Ayers reported that he had checked on the status of selling the County owned vacant blue house located at 839 S Tennessee Street in Danville and was advised that it has been more than sixty (60) days since this parcel was advertised for sale and we will now have to re-advertise this property for sale. It was the consensus of the
Commissioners to re-advertise this parcel for sale. IN THE MATTER OF PHONE LINES
John Ayers explained the need for additional phone lines for County offices and stated CPI had advised the County would have to purchase a new block of licenses for $14,000 and a software upgrade for $60,000 to accommodate the new lines. Mr. Ayers further explained that his staff and Paul Johnson had inventoried existing lines and discovered
25 unused numbers that will provide capacity for a while and result in the County not having to spend any money at this time. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. IDEM, Solid Waste Permits Section, Town of Speedway, Application for Land Application Permit. 2. IDEM, Office of Air Quality, Permits branch, Notice of Decision-Revocation, ADESA Indianapolis, LLC. 3. IDEM, Office of Air Quality, Permits branch, Notice of Decision-Registration, ADESA Indianapolis, LLC. 4. Hoosier Heartland RC&D Council Meeting, Monday, February 23, 2009, 6:00 pm, MCL, 5520 Castleton Corner Lane, Indianapolis, IN.
Action needed/taken on the following:
1. Checks received and signed to the county:
2. Whicker signed vehicle titles for the following:
3. Documents needing action:
a. Governmental Insurance Exchange $1,195.00 tow bill b. Governmental Insurance Exchange $10,228.42. Vehicle damage c. Birch Telecom, Inc. $83.93 E911 Surcharge Report IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the weekly Human Resources report for January 19 to January 23, 2009 from Ron
Love, Human Resources Director. IN THE MATTER OF HIGHWAY DEPARTMENT
Receipt was acknowledged of the weekly Highway report for January 16 to January 22, 2009 from Martin
Summers, Highway Superintendent. IN THE MATTER OF DONNELLY HEIGHTS
Commissioner Wathen inquired the status of drainage issues in Donnelly Heights. John Ayers responded he is working with the Surveyor’s office and Drainage Board to resolve these problems. IN THE MATTER OF COCHRAN EASEMENT
Attorney Dan Zielinski reported on the Cochran condemnation at Exit 59 and presented documents from the grantors and will have Mike Graham review and send. IN THE MATTER OF AUDITOR’S OFFICE - W-2 AND 1099
Auditor Cinda Kattau advised the 2008 W-2 forms and 1099 forms have been sent from the Auditor’s Office.
Commissioner Palmer moved to adjourn the Commissioners’ meeting at 10:25 AM . Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member ATTEST: ______Judith Wyeth, Deputy Auditor
February 3, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, February 3, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Martin Summers Hendricks County Highway Superintendent Cathy Grindstaff Hendricks County Environmental Health Director Larry Crowder Hendricks County Environmental Health Specialist Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Palmer moved to approve the minutes of January 27, 2009 as corrected. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Palmer moved to approve Claims #190808 thru 1908853, #190913 thru 190921, #092003 thru
092154 and Direct Deposit #045875 thru 046262, as advertised. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF OUTDOOR WOOD BURNING FURNACES
Commissioner Whicker explained the process for adopting ordinances and stated this meeting today was for the
Commissioners’ to determine if they wished to advertise for a public hearing on the draft ordinance for outdoor wood burning furnaces and if they did advertised there would then be a public hearing for the public input before the ordinance could be adopted. Mr. Whicker then advised he was leaving the meeting as he had a possible conflict of interest on this matter and left at 9:35 AM.
Vice President Palmer took charge of the meeting.
Commissioner Wathen stated there had been one complaint on an outdoor wood burning furnace and one complaint did not justify changing the law. Commissioner Palmer stated she would want to know if there were other counties with such an ordinance and that apparently LaPorte County had one. She also stated she had concerns there was no “Grandfather” clause in the draft ordinance that addressed existing furnaces and that the complaint was from a resident that lived in a town and stated concerns within a town should be addressed by the town and not the County.
Attorney Lee Comer spoke on behalf of the citizens he represented stating that they were in opposition to this ordinance and expressed appreciation to the Commissioners for their concerns and comments. It was the consensus of the Commissioners to not advertise the outdoor wood burning furnaces ordinance for a public hearing and would take no further action on the matter. Commissioner Whicker returned to the Commissioners’ meeting at 9:40 AM. IN THE MATTER OF EXIT 59
Jason Bria, Lauth Development, gave a brief update on the development at Exit 59 and of their Westpoint
Business Park and stated they are moving ahead with this project as planned. He stated they will add signs at this location for some marketing purposes. Mr. Brier also advised they are working on a possible one-hundred acre sale to a developer for a large project at this location.
Commissioner Whicker announced that during the Hendricks County Regional Sewer Board meeting this morning the Board approved and signed the Notice to Proceed with Valenti-Held Contractors for the construction of the Exit
59 wastewater treatment facilities in the amount of $1,520,500.
David Adams, Lauth, advised Lauth is moving forward with the water infrastructure and are working with
Indianapolis Water and Veolia for water to Exit 59 and requested the County to review the water agreement. Mr.
Adams stated Lauth is waiting for a Letter of Credit to give to Veolia and requested a meeting with the County and
Veolia to discuss suggested changes in the agreement. Mike Graham explained some concerns Bruce Donaldson,
Barnes & Thornburg, had on the public bidding section of this agreement. It was the consensus of the Commissioners for Mike Graham to work with Attorney Greg Steuerwald to review this agreement and bring back recommendations to the February 10, 2009 Commissioners’ meeting.
John Ayers presented an Agreement for New SR 39 Intersections between the Indiana Department of
Transportation and Hendricks County and stated this will be funded by Lauth Development. Commissioner Palmer moved to approve the agreement between Hendricks County, Lauth and INDOT for the new SR 39 intersection, as presented. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF JUDICIAL CENTER
John Ayers reported new members appointed to the Judicial Advisory Group include Sheriff Dave Galloway representing the Sheriff’s Department, Judge Stephanie Lemay-Luken representing the Judges and Attorney Lee
Comer representing the Bar Association. He further advised the only representative not yet appointed was from the
Council and they will make that appointment during their regular monthly meeting on Thursday, February 12, 2009.
Jeff Healy, Banning Engineering, said they have not set up all of the meetings for the study group. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers presented the February 2, 2009 letter to Mark Albers, INDOT, requesting a warrant analysis for a traffic signal to be performed at the intersection of Ronald Reagan Parkway at US Highway 136 due to significant traffic backups at this intersection. The letter stated that as part of the County’s project on CR 600 N (56th Street) a signal is planned at the intersection at the other end of this segment of the Parkway.
Commissioner Wathen advised later today he will be talking about the Ronald Reagan Parkway with representatives from the Indianapolis Business Journal for an article in an upcoming publication. IN THE MATTER OF HIGHWAY BIDS
Commissioner Whicker announced it was 10:00 AM and the Notice to Bidders for Highway pavement had been duly advertised for 10:00 AM and bids should be closed. Commissioner Palmer moved to close bids for Highway pavement. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. John
Ayers opened the three bids received and read the following:
Type A- per ton Surface Cold Mix Liquid Milestone $ 38.40 $ 43.80 $ 98.50 $ 547.00 Asp Materials ------$ 432.00 Rieth Riley $ 50.52 $ 59.93 $ 93.00 ---
Commissioner Whicker thanked the bidders. It was the consensus of the Commissioners to refer the opened bids to staff to review and bring back a recommendation next week, February 10, 2009. IN THE MATTER OF HIGHWAY
Martin Summers stated the Highway Crew had no major problems during the snow last week as the County had 20 trucks out and two contractors all salting, sanding and pushing snow.
Martin Summers explained some problems they were having with their new trucks and stated he has some trucks in the shop for mechanical problems.
Martin Summers advised the County salt supply was low and they have been unable to get additional salt from their supplier. John Ayers explained the possibility of working with the State on their salt bid and stated he will meet with representatives from the Sate to work with them for a better bid, supply and time frame. Martin Summers suggested we look at building a salt storage barn that would enable them to buy salt in the summer and store in order to have a plentiful supply for winter snow.
Receipt was acknowledged that Wayne Marsh, Highway Garage Supervisor had not received the lease agreement for the four new Highway trucks from I-H and will bring those to the Commissioners when they are received. IN THE MATTER OF COUNTY CREDIT CARD POLICY
Mike Graham advised he had met with Auditor Cinda Kattau, Financial Administrator Tami Mitchell and
Treasurer Nancy Marsh regarding developing recommendations to change the Credit Card Policy. The Auditor and the Council have already sent a notice out to the Elected Officials and Department Heads reminding them that the cards cannot be used for personal items. Mr. Graham further advised they are going to ask the Elected Officials and
Department Heads to refrain from using the credit card with regular vendors who will bill the County and stated the
Auditor and her staff are developing a list of vendors. He also stated another objective will be to pursue a reduction in the number of line items and if they can be consolidated it could help with the accounting associated with the credit cards. Mr. Graham stated if we focus on addressing some of these items it may not be necessary to change the current credit card policy. It was the consensus of the Commissioners for Mike Graham to continue to work on internal issues for the County credit card. IN THE MATTER OF DANVILLE - BUILDINGS
Mike Graham presented a draft of a proposed Memorandum of Understanding (MOU) between the Danville Town
Council and the County about the exchange of properties between the Town and the County. The original concept was Danville would give their properties along the west side of the Court House in order to help keep the Court
House downtown, however some of the Town Officials have added a number of land swaps from the County to the
Town. There was discussion of the MOU, as presented. Mr. Graham asked the Commissioners for their general reaction to these terms and who they wanted to negotiate the MOU on behalf of the County. It was the consensus of the Commissioners to trade no land at the Government Center, to not buy any house and for Mike Graham to continue working with Danville on this Project. IN THE MATTER OF ANIMAL CONTROL
Mike Graham referenced a January 6, 2009 memo sent to Chief Animal Control Office Mary Anne Lewis regarding the use and the accounting associated with donations she receives including that she will maintain a receipt book to track all donations. The Animal Control Staff provides receipts for all cash donations, however, receipts have not been issued for non-cash donations such as dog and cat food, kitty litter, bleach and other cleaning items. Mr.
Graham stated they receive these non-cash donations from girl scouts, pet stores and big boxes like Wal-Mart and
Target and Ms. Lewis would prefer to not have to write receipts for non-cash donated items. It was the consensus of the Commissioners for Auditor Cinda Kattau to check with the State Board of Accounts on this matter and report back to the Commissioners.
Mike Graham stated that when the Animal Control has Saturday hours it is the interpretation of Chief Animal
Control Officer Mary Anne Lewis that she has to send out her road patrols and questioned if it was the
Commissioners intent for Saturday hours to include all functions normally done during the week days or is there a willingness to limit the functions on Saturday to those associated with the adoption program, maintenance of the facilities and emergency calls. It was the consensus of the Commissioners that they approved Saturday hours for the
Animal Control for the purpose of adoption only. IN THE MATTER OF EMERGENCY MANAGEMENT ADVISORY COUNCIL
It was the consensus of the Commissioners to continue the discussion regarding composition of the Emergency
Management Advisory Council until a later date. Commissioner Palmer moved to recess the Commissioners’ meeting at 10:29 AM for the Tech Board. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker opened the Tech Board at 10:30 AM with John Parsons, Systems Administrator, and Doug Morris, Web Master, joining the meeting. IN THE MATTER OF TECH BOARD
Commissioner Wathen questioned the time frame for the overhead projector in the Commissioners’ meeting room.
John Parsons advised they were waiting on the wiring to be installed for the projector. John Ayers said he would determine when the work could be done. Doug Morris explained they were looking at several projector options.
John Parsons advised that Doug Morris is checking with other counties on new recording equipment for the
Commissioners’’ meeting room.
John Parsons presented a contract for software maintenance for Voter Registration from Microvote General
Corporation in the amount of $9,500 and stated they will fund this contract from the Computer Department budget.
Commissioner Palmer moved to approve the Microvote General Corporation contract for software maintenance and authorize the President to sign on behalf of the Commissioners. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
Commissioner Palmer moved to adjourn the Tech Board at 10:35 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker reconvened the Commissioners’ meeting at 10:45 AM. IN THE MATTER OF PARKS AT PRESTWICK – CR 100S CALMING ISLAND
John Ayers presented the bill and claim from Trisler Construction Company in the amount of $10,559 for the calming island that was built in Parks of Prestwick on CR 100S. It was the consensus of the Commissioners to sign the claim for this previously approved project in Parks at Prestwick. IN THE MATTER OF GOVERNMENT CENTER GENERATOR
John Ayers explained some cost saving changes on the new generator for the Government Center that will be delivered this month. Mr. Ayers presented three quotes for the slab work at the loading dock for this generator:
JDH Trisler Joe Powell $ 5,996.50 $ 9,600.00 $ 2,742.00
Mr. Ayers recommended JDH as the lowest quote received for a slab of adequate construction.
Commissioner Palmer moved to approve the quote from JDH to install the slab at the Government Center dock for the generator as the lowest quote received. Commissioner Wathen seconded the motion and the motion was approved
2-0-1 with Commissioners Palmer and Wathen voting aye and Commissioner Whicker abstaining due to possible conflict of interest because a family member works at JDH. IN THE MATTER OF REGIONAL MPO SUB COMMITTEE
John Ayers advised he is a member of the MPO Regional Sub Committee for updating project selection criteria and a Regional Transportation Plan. He stated they will be meeting and discussing road issues in central Indiana. IN THE MATTER OF EXTENSION OFFICE - COPIER
Receipt was acknowledged of an email from Scott Foster, 4-H Youth Educator, requesting a copier for the
Extension Office as they have over 2,000,000 copies on their copier and are having several service calls for maintenance problems. It was noted that CopyCo has advised us they have some reconditioned copiers for $2,350 that were previously leased to a law firm that have very low usage and have all the capabilities the Extension Office has with their current copier. There was discussion of the various agencies at the Extension that use this copier.
Commissioner Palmer moved to approve the purchase of a reconditioned copier for the Extension Office and requested to check with the Extension Office and determine if any agencies using the copier reimburse the County and for copies and for them to monitor usage of the copier. Commissioner Whicker seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF PROSECUTOR’S ANNEX
John Ayers reported the Prosecutor’s Annex, located at 60 South Jefferson Street, has excessive water damage from the snow melt entering the offices. The water is saturating the ceiling tiles and carpet and flooding the floor and stated the furnace, water heater and phone/computer equipment are in imminent danger of sustaining damage from the water and falling ceiling material. Mr. Ayers further stated they are taking steps to immediately relocate some of the office items to the Multiplex and that depending on the extent of the damage, further relocation may be required. He presented a letter to owner/landlord Donald Wright referencing the lease agreement of April 11, 2008 that it is the owner’s responsibility to maintain the roof, exterior and “structural integrity” of the building. John Ayers stated he is working with the owner, Don Wright, and Prosecutor Pat Baldwin to resolve this excessive water problem. ------IN THE MATTER OF IACC
Commissioner Palmer acknowledged receipt of a call from Rick Hall, Barnes & Thornburg, on behalf of the
Indiana Association of County Commissioners (IACC) relative to the upcoming legislation to change the structure of
County government and encouraged the support of everyone for the meeting with legislators on February 4, 2009 to discuss this matter.
Receipt was acknowledged of a fax from the Indiana Association of County Commissioners with an IACC
Legislative Survey regarding elected officials. The Commissioners were encouraged to complete and return this survey.
Receipt was acknowledged of correspondence from IACC requesting information for the 2009 IACC Directory.
The Commissioners made several corrections on the form and agreed to list their cell phones, but to remove their home phones numbers. IN THE MATTER OF SHERIFF’S DEPARTMENT
Receipt was acknowledged of the 2008 Sheriff’s Activity Report and the 2008 Hendricks County Sheriff’s
Department Annual Jail Report from Sheriff Dave Galloway.
There was discussion about security. It was the consensus of the Commissioners for Mike Graham to set up a meeting with Sheriff Galloway to discuss security in County buildings. IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the January 26 to January 30, 2009 Highway report from Martin Summers, Highway
Superintendent. IN THE MATTER OF WEIGHTS AND MEASURES
Receipt was acknowledged of the January 15, 2009 Weights and Measures report from Charles Colbert, Weight and Measures Inspector. IN THE MATTER OF VEHICLES
John Ayers presented a memorandum to all elected officials and department heads relative to vehicle maintenance and repair agreement stating the Board of Commissioners has entered into an agreement with Indy Tire in Avon for maintenance and repair of all County vehicles (excluding those operated by the Sheriff’s and Highway Departments).
And if Indy Tire cannot do the work in a timely manner due to workload they were directed to refer the vehicle to the
County’s secondary vendor – Sullivan’s Tire in Danville. IN THE MATTER OF STATE OF THE COUNTY ADDRESS
There was discussion of the State of the County Address and the media report of the address. It was the consensus of the Commissioners to notify all Elected Officials and Department Heads to submit their annual report by February
23, 2009 for a State of the County /Report. IN THE MATTER OF DUKE ENERGY
Commissioner Palmer announced Bart Beal, Duke Energy, will make a presentation to the Commissioners during their February 10, 2009 meeting. IN THE MATTER OF VETERANS
Commissioner Palmer acknowledged a very impressive Veterans’ ceremony at Connection Pointe Christian
Church in Brownsburg on January 31, 2009. The Navy and Marine Corp Medal with a “V” for Bravery was awarded to Morgan Schrader, who lost his life in Iraq during 2004, and was presented to his father during the ceremony. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. Hoosier Heartland RC&D Annual Council meeting, Monday, February 23, 2009, 6:00 p.m., MCL Restaurant & Bakery, 5220 Castleton Corner Lane, Indianapolis, IN. 2. IDEM Office of Air Quality, Notice of Decision-Revocation, U.S. Aggregates, Inc. 3. IDEM, Office of Water Quality, request for water quality reports. 4. Town of Plainfield, Notice of Public Hearing by the Plainfield Board of Zoning Appeals, Thursday, February 19, 2009, 7:00 p.m. for the Park District.
Action needed/taken on the following:
1. Checks received and signed to the county: a. Indiana Gas $314.28 Refund
2. Whicker signed vehicle titles for the following: None
3. Documents needing action: None
Commissioner Wathen moved to adjourn the Commissioners’ meeting at 11:15 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
February 10, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, February 10, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Dan Zielinski Hendricks County Assistant County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Martin Summers Hendricks County Highway Superintendent Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of February 3, 2009 as corrected. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve claims #190923 thru 191337, #191376 thru191481 and #191507 thru
191513, as advertised. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF DUKE ENERGY
Bart Beal, Duke Energy, presented a check to the Hendricks County in the amount of $25,000 for a back-up generator in the Government Center from Duke Energy Foundation. Mr. Beal stated this generator will benefit all of the citizens of Hendricks County. The Commissioners expressed their appreciation to Mr. Beal for the generosity of the Duke Energy Foundation to assist the County on this project. IN THE MATTER OF EXIT 59
Mike Graham reported Attorney Greg Steuerwald is working with Lauth Development and Veolia Water on an agreement to provide water service to the Lauth project and the Exit 59 area. Mr. Steuerwald plans to present the contract with all issues resolved at the February 17, 2009 meeting.
Attorney Dan Zielinski advised he had sent the deed to the trustees of the Cochran easement at Exit 59 and has received a response from them requesting two revisions. There was discussion to not limit the easement to only sewer and water utilities. It was the consensus of the Commissioners for Mr. Zielinski to continue working with the parties for this easement. IN THE MATTER OF RONALD REAGAN PARKWAY
Commissioner Whicker requested John Ayers to respond to the email from Indiana Association of Counties (IAC) regarding “shovel ready” projects and submit the Ronald Reagan Parkway.
Commissioner Wathen stated both the former and current Commissioners of INDOT are going to Washington DC with a list of Indiana projects and that the Ronald Reagan Parkway is one of the projects on this list for federal assistance from the stimulus package.
John Ayers advised he will be meeting with representatives of INDOT to discuss other road projects that could be included in the federal stimulus package.
John Ayers stated INDOT is studying the intersection of Ronald Reagan Parkway and US 136 to determine if a traffic signal is warranted at this location. IN THE MATTER OF JUDICIAL CENTER
John Ayers distributed the list of members of the Advisory Team for the Judicial Center Study – Phase 2 and advised the only appointment not yet confirmed was from the County Council and they will make that appointment during their regular scheduled meeting on Thursday, February 12, 2009. There was discussion of the expectations from this study team. It was the consensus of the Commissioners for this Advisory Team to bring the pros and cons and options, but not to bring only one recommendation. IN THE MATTER OF BLUE HOUSE – 839 SOUTH TENNESSEE STREET
John Ayers stated the County owned blue house, located at 839 South Tennessee Street in Danville, needs to be re-advertised for sale due to the time elapsed and he will bring the original legal ad to again be sent to local newspapers. IN THE MATTER OF HIGHWAY ASPHALT BIDS
John Ayers presented the bids received February 3, 2009 for asphalt materials, explained the prices, application and process. Mr. Ayers recommended awarding the bids to
HMA Asphalt all categories Milestone Contractors, L.P. Cold Mix Surface Milestone Contractors and Rieth Riley ( in case of availability problems) Liquid Asphalt for Chip and Seal Milestone Contractors, L.P. Liquid Asphalt for Patching Asphalt Materials, Inc.
Commissioner Wathen moved to accept the recommendations of the County Engineer and to award the asphalts bids to Milestone for HMA asphalt all categories; Milestone and Rieth Riley for cold mix surface; Milestone for liquid asphalt for chip and seal; and Asphalt Materials, Inc. for liquid asphalt for patching. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF HIGHWAY SALT
Martin Summers reported they had received a shipment of 150 tons of Highway salt yesterday IN THE MATTER OF HIGHWAY TRUCKS - LEASE
Martin Summers advised that Wayne Marsh did not have the lease agreements to present from I-H for the four new
Highway trucks as they had some issues with the lease agreement. He further advised that Mr. Marsh will bring the lease agreement when these issues have been resolved. IN THE MATTER OF BRIDGES
John Ayers stated he had been notified that bridges outside the area of the Metropolitan Planning Organization
(MPO) could be eligible for federal assistance and he plans to apply for assistance for two Hendricks County bridges:
Bridge No. 127, located on CR 475 W and Bridge No. 143, located on CR 700S.
John Ayers advised they are working to resolve some issues for the selection process for the Railroad Bridge No.
272 that is required for this federally funded bridge. IN THE MATTER OF PROSECUTOR’S ANNEX
John Ayers advised the owner of the property rented by the County for the Prosecutor’s Annex has hired a contractor and they are working to resolve the water damage problems in this office space that he had reported last week. Mr. Ayers stated he will monitor this situation and will keep the Commissioners informed on this issue. IN THE MATTER OF TILDEN TERRACE
John Ayers advised they have hired Banning Engineering to study the drainage issues in Tilden Terrace and they will bring a report to a meeting in February. IN THE MATTER OF DONNELLY HEIGHTS
John Ayers stated he is working with the Surveyor’s Office on obtaining the necessary permits to resolve the drainage problems in Donnelly Heights. IN THE MATTER OF MULTIPLEX
John Ayers explained they were adding stone to the drive to the new Animal Control and Work Release Facility at the Multiplex as a result of the weather issues. Mr. Ayers advised he has requested United Consulting to design the permanent road that will better serve these two new buildings at the Multiplex and stated this new drive will be funded from cum cap. IN THE MATTER OF SECURITY
Mike Graham advised he had contacted Sheriff David Galloway and the Sheriff is available to meet with the
Commissioners to discuss security issues on February 17, 2009. It was the consensus of the Commissioners to set up a work session for Tuesday, February 17, 2009 at 1 PM in Room #2 of the Government Center to discuss security with Sheriff Galloway. IN THE MATTER OF EMERGENCY MANAGEMENT ADVISORY COUNCIL
Mike Graham presented a memorandum relative to the composition of Emergency Management Advisory Council to try and help resolve the issues associated with the composition of the Advisory Council. He also summarized the various issues associated with the Advisory Council in hopes that it might help to develop a resolution. There was discussion of this advisory council. It was the consensus of the Commissioners for Commissioner Wathen to be the designee of the Commissioners to be their representative on the Emergency Management Advisory Council. IN THE MATTER OF ANIMAL CONTROL
Receipt was acknowledged of the February 1, 2009 letter from Ellen Blacketer regarding an article in the
Hendricks County Humane Society Newsletter about Saturday hours at the Animal Control. It was the consensus of the Commissioners to forward a copy of this letter to Mary Anne Lewis, Chief Animal Control officer.
There was discussion of forming an Animal Control Advisory Board. IN THE MATTER OF LEGISLATION
Commissioner Palmer reported attending the meetings at the State House last week to discuss upcoming legislation of Senate Bill SJR to eliminate elected County officials and Senate Bill 506 for a single County executive. IN THE MATTER OF TOWN OF DANVILLE - BUILDINGS
Mike Graham reported he is working with Gary Eakin on the Memorandum of Understanding (MOU) with The
Town of Danville regarding buildings and is preparing a response to the original MOU that was presented to the
County IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. IDEM permits Branch, Notice of Public Comment, Milestone Contractors, LP, Preliminary Findings Regarding a Significant Revision to a FESOP . 2. Idem, Solid Waste Permits Section, Insignificant Modification proposal, Twin Bridges Recycling and Disposal Facility, Hendricks County.
Action needed/taken on the following:
1. Checks received and signed to the county: a. Governmental Interinsurance Exchange $4,269.76 Vehicle Damage
2. Whicker signed vehicle titles for the following: None
3. Documents needing action: None IN THE MATTER OF HUMAN RESURCES
Receipt was acknowledged of the weekly Human Resources report for January 26 through February 6, 2009 from
Ron Love, Human Resources Director. IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the weekly Highway report for January 31 to February 6, 2009 from Martin
Summers, Highway Superintendent. IN THE MATTER OF ASSESSOR
Receipt was acknowledged of a copy of the February 3, 2009 letter from the Town Managers and Town Board
Presidents of Avon, Brownsburg, Danville and Plainfield relative to the possible 2009 delayed settlement. IN THE MATTER OF JOINT MEETING
Commissioner Whicker announced the joint Commissioners and Council meeting is scheduled for 4:00 PM on
Thursday, February 12, 2009 in the Government Center. Commissioner Palmer moved to adjourn the Commissioners’ meeting at 10:30 AM.. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member ATTEST: ______Judith Wyeth, Deputy Auditor
February 12, 2009
The Hendricks County Board of Commissioners and County Council met in a joint session on Thursday, February 12, 2009 at 4:15 PM in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Larry Hesson ) Phyllis A. Palmer ) Hendricks County Commissioners Richard Thompson ) Eric L. Wathen ) Brad Whicker ) Cinda Kattau Hendricks County Auditor Jay Puckett ) Michael E. Graham Administrator to Commissioners Myron Anderson ) Council John Ayers Hendricks County Engineer Nancy C. Johnson ) Judith Wyeth Secretary to the Commissioners Nathaniel Woods ) Ron Love Hendricks County Human Resources Director
David Whicker opened the Commissioners’ Meeting with a quorum of all three Commissioners present.
Larry Hesson opened the Council Meeting with a quorum of all seven Council members present.
David Whicker led the Pledge to the Flag in unison.
David Whicker moved to approve the minutes of December 11, 2008 with changes. Phyllis Palmer seconded the motion and the motion was approved 9-0-1 with Council Member Nathaniel Woods abstaining as he did not attend that meeting.
Dean Turner, President Facilities Bond Board, gave a brief history and an update of the bond expenditures for the
Hendricks County 4-H Fairgrounds and Conference Complex and introduced the two other members of the Bond
Board, Keith Brock and Carol Ross. Mr. Turner expressed his appreciation for serving on this board and stated he felt the fairgrounds was an asset to Hendricks County and the citizens were deserving of this facility. He explained the balance of the bond would be used for a shelter house and to pave the interior fairgrounds road. The Commissioners and Council expressed their gratitude to the Board and staff for their dedication and work on the fairgrounds facility.
Greg Guerrettaz presented a summary of the refinancing analysis of the Building Facilities Corporation bond and stated it was not feasible to refinance the bond this time.
John Ayers reported the appointees to the Advisory Committee for the Judicial Study and acknowledged the
Council today had appointed Larry Hesson as their representative. The Judicial Advisory Committee will hold their first meeting on Thursday, February 26, 2009 at 7:00 PM in the Government Center
Eric Wathen reported on the Memorandum of Understanding (MOU) received from the Town of Danville relative to exchange of property and advised we are working with them on several concerns.
Eric Wathen reported the Lauth interior road at Exit 59 is almost done with completion set this spring. He also stated the Hendricks County Regional Sewer District Board let the contract for the wastewater treatment plant in
January 2009 to Valenti-Held and the acquisition of easements is almost complete.
Bruce Donaldson, Barnes & Thornburg, explained the bond statutes and stated they are continuing to work on the bond issue reconstruction CR 600N.
Eric Wathen advised he is meeting with a company on February 26, 2009 to discuss development at Exit 59.
Greg Guerrettaz, Financial Solutions Group (FSG) advised he would like to take a group of elected officials to
Chicago on March 5 and 6, 2009 to meet with two Bond Rating Agencies relative to the bonds for reconstruction of CR 600N (56th Street). He requested at least two Council Members, one Commissioner,and possibly the Auditor and the Treasurer plan to make this trip. Council Members Brad Whicker and Jay Puckett volunteered to go. David
Whicker stated Eric Wathen would be attending as the representative from the Commissioners.
Eric Wathen announced the Ronald Reagan Task Force will meet at 3:00 PM on Tuesday, February 17, 2009. He explained the process for making requests for federal funding on projects if money is available. Mr. Wathen also gave an update on HB 1566 for possible road uses.
Eric Wathen explained increasing the wheel tax from $20 to $25 for cars and increasing from $20 to $40 for other vehicles could raise $800,000 annually towards construction of the Ronald Reagan Parkway. He stated Plainfield and
Avon have agreed to direct their portion of this increase to the County and although Brownsburg cannot do the same as the Parkway does not go through the Town of Brownsburg, they are agreeable in concept and would work to provide an equivalent amount from another fund. It was the consensus of the Council to put consideration of the
Wheel Tax increase on the March 12, 2009 Council agenda. A straw vote of Council members indicated they would not look favorably on a wheel tax increase at this time.
Greg Guerrettaz presented the Wheel Tax Bond Analysis and explained.
Bruce Donaldson presented and explained an ordinance of Hendricks County, Indiana authorizing the issuance and sale of Transportation Revenue Bonds of the County in one or more series in an aggregate principal amount not to exceed eight million dollars ($8,000,000) for the purpose of financing costs of improving the CR 600N road project in the County and taking other actions related thereto. Mr. Donaldson explained this is a Council ordinance. Jay
Puckett moved to approve and adopt County Council Ordinance No. 2009-03, authorizing the issuance and sale of
Transportation Revenue Bonds in an aggregate principal amount not to exceed eight million dollars for the purpose of financing costs of the CR 600N road project in Hendricks County. Brad Whicker seconded the motion and the motion was approved unanimously 7-0-0.
Bruce Donaldson announced the appropriation ordinance will be presented at the March 12, 2009 Council meeting.
John Ayers clarified the statement on the Notice to Bidders for the renovation of CR 600N relative to
Brownsburg annexation.
Eric Wathen explained the Brownsburg Memorandum of Understanding (MOU) and their Resolution relative to
CR 600N.
There was discussion of a hiring freeze for Hendricks County offices. Mike Graham explained two options. Eric
Wathen explained the form for evaluation of employees and the importance of this form. There was discussion of a possible position review process when considering whether or not to fill a vacated position. It was the consensus of the Council to continue the discussion of the evaluation form to the March 12, 2009 meeting and for Ron Love to bring additional information.
Eric Wathen left the meeting at 5:35 PM.
Ron Love stated he was currently working with Elected Officials/Department Heads on hiring to fill three positions and they have already gone through the interviewing process. Nancy Johnson made a motion to not hire anybody for County positions that become open, effective today, excluding the three new hires that are already in the process. Jay Puckett seconded the motion and the motion was approved unanimously 7-0-0.
The Council requested Ron Love and Mike Graham to provide information on hiring prior to the March 12, 2009 meeting.
It was the consensus of the Commissioners and Council to hold another joint meeting on Thursday, March 26,
2009 at 4:00 PM.
David Whicker moved to adjourn the joint meeting at 5:50 PM. Brad Whicker seconded the motion and the motion was approved unanimously 9-0-0.
______David A. Whicker, President Larry Hesson, President
______Phyllis Palmer, Vice President Dick Thompson, Vice President
______Eric Wathen, Member Myron Anderson, Member
______Cinda Kattau, Auditor Nathaniel Woods, Member
______Judith Wyeth, Deputy Auditor Brad Whicker, Member
______Nancy G. Johnson, Member
______Jay Puckett, Member **********************************************************************************************
February 17, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, February 17, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Cinda Kattau Hendricks County Auditor David Galloway Hendricks County Sheriff Paul T. Hardin Hendricks County Recorder David Gaston Hendricks County Surveyor Megan Morgan Hendricks County Jail Matron John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Ron Love Hendricks County Human Resources Director Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF BIDS
Commissioner Whicker announced it was 9:31 AM and bids for reconstruction of CR 600N (56th Street) had been duly advertised for 9:30 AM. Commissioner Palmer moved to close bids for the reconstruction of CR 600N (56th
Street). Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
Commissioner Whicker requested County Engineer John Ayers to come forward to open the bids.
IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of February 10, 2009 as corrected. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve claims #191514 thru 191517, #191562 thru 1918632, #092174 thru
092316 and Direct Deposit #3046263 thru 046635, as advertised. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF BID OPENING - CR 600N (56TH STREET)
John Ayers opened and read the following four bids received for reconstruction of CR 600N (56th Street):
Berns Construction $ 9,849,417.44 E & B Paving $ 11,642,390.14 Milestone Construction $ 10,849.000.00 Rieth Riley Construction $ 10,617,283.00
It was the consensus of the Commissioners to refer the opened bids to the Engineering staff for review and to bring back a recommendation to the March 3, 2009 meeting. IN THE MATTER OF JUDICIAL CENTER
Commissioner Whicker announced the Judicial Center Advisory Council will hold their first meeting at 7 PM on
Thursday, February 26, 2009 in the Government Center. IN THE MATTER OF EXIT 59
Commissioner Wathen advised sewer construction is ready to begin at Exit 59.
Commissioner Wathen advised of a meeting on February 26, 2009 with a prospective developer at Exit 59.
John Ayers advised American Structurepoint will meet with representatives from INDOT on the wetland mitigation issue at Exit 59.
Mike Graham reported work continues with representatives from Veolia Water on the water agreement associated with the Lauth project. IN THE MATTER OF RONALD REAGAN PARKWAY
Commissioner Wathen reported during the joint Commissioner and Council meeting on February 12, 2009 they had discussed a possible increase in the wheel tax to fund the Ronald Reagan Parkway, however, a straw vote revealed the Council was unfavorable to raising any taxes at this time.
Commissioner Wathen stated the anticipated federal stimulus package that was recently passed will provide funds for counties and local government to spend on “shovel ready” projects. He further stated that depending on the distribution and time frame the Ronald Reagan Parkway meets all the criteria and should be eligible for possible distribution, but nothing is certain.
John Ayers stressed the construction of the Ronald Reagan Parkway from US 36 to CR 100S including the bridge over the CSX tracks will be the primary Hendricks County “shovel ready” project
Commissioner Wathen stated American Structurepoint advised during the Regional Sewer Board meeting this morning American Structurepoint is meeting with a prospective developer at CR 600N and Ronald Reagan Parkway IN THE MATTER OF SHERIFF 457(b) INVESTMENT PROGRAM
Sheriff Dave Galloway requested the Sheriff’s Department be given a second option to their 457(b) retirement investment program and introduced Kris Callaway of Morgan Stanley and Elaine Beaty of McCready & Keene.
Commissioner Wathen questioned the lack of response from McCready & Keene to the Financial Solutions Group
(FSG) request for information on the Sheriff’s financial plan. Ms. Beaty assured Commissioner Wathen they would respond to the FSG inquiry. She explained the 457(b) plan that has been sponsored by the Sheriff’s Association will be provided to employees in the Sheriff’s Department at no cost to the County. Kris Callaway, Morgan Stanley, advised that Morgan Stanley did receive TARP funds. Mr. Callaway explained their plan includes financial planning assistance that is not now available in the START plan offered to Hendricks County employees including employees of the Hendricks County Sheriff’s Department. It was the consensus of the Commissioners to take the 457(b) plan presented by McCready & Keene and by Morgan Stanley under advisement. IN THE MATTER OF HIGHWAY TRUCKS
Auditor Cinda Kattau presented the revised Property Schedule to Tax-Exempt Lease/Purchase Agreement from
Key Government Finance, Inc. for four new International Highway trucks along with the February 9, 2009 written opinion from Attorney Greg Steuerwald. Mike Graham explained the Highway Department has had problems with one International truck and that Wayne Marsh, Shop Manager, is working with International to resolve the problems with this truck. Ms. Kattau explained this revised agreement and the corrections. Rich Jensen verified that these trucks have been delivered and are currently on the County insurance. Commissioner Palmer moved to approve the revised agreement with Key Government Finance, Inc. for four new Highway trucks and authorize the President to sign on behalf of the Commissioners. Commissioner Whicker seconded the motion and the motion was approved
2-1-0 with Commissioners Palmer and Whicker voting aye and Commissioner Wathen voting nay as he stated he was not comfortable with the current performance of the International trucks in the Highway Department fleet. IN THE MATTER OF EMPLOYEE HEALTH INSURANCE
Mike Graham reported that on February 12, 2009, the Council approved an Insurance Group Workshop for March
12, 2009 at noon to discuss the topics of GASB 45 and the clinic concept. Mr. Graham stated Jeff Fox will provide lunch and asked if any of the Commissioners would like to attend this workshop. Commissioner Palmer volunteered to attend. IN THE MATTER OF RECYCLE
Mike Graham reported the custodial staff has asked if we could come up with a program to recycle the fluorescent tubes and compact florescent lights used in County buildings. Mr. Graham stated he has talked to Lenn Detwiler,
Director Hendricks County Solid Waste, and was advised he could make arrangements to take the fluorescent lights during the Solid Waste Toxaway Days but it would cost us a disposal fee. The recycling contractor gave us a disposal fee of $.40 for each tube and $.55 for each compact light. He further advised the most convenient toxaway drop would be Danville in June and Mr. Detwiler would make arrangement for us to drop them off Friday afternoon.
Elvin Cassity, Custodial Superintendent, advised we would have approximately 200 lights to dispose of by June. Mr.
Detwiller has advised we could pay for this from the Special Project Fund the County receives from Solid Waste.
Commissioner Wathen moved to approve recycling the florescent tubes and compact florescent lights with the Solid
Waste and pay the disposal fee from the Special Projects Fund. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF ASSESSOR’S OFFICE
Mike Graham stated he has talked to County Assessor Gail Brown regarding the ratio study needing to be completed before the tax billing can be done. He stressed he needs additional time to work with Assessor Gail
Brown, Auditor Cinda Kattau and Treasurer Nancy Marsh together on a game plan and timeline for getting the tax billing done and he hopes that during that process they could compress the timeline. IN THE MATTER OF KITE’S 70 WEST COMMERCE PARK
Mike Graham advised he has talked to Don Ritz, Planning Director, regarding the involvement of the planning staff in meeting with the company interested in building on the Kite property at Exit 59. He advised that Mr. Reitz knows this is an important project to the County and he understands the importance of being positive as we discuss the planning approvals needed for this project. IN THE MATTER OF COUNTY BUILDINGS
John Ayers requested an updated appraisal of all County buildings. Rich Jensen, Stevenson-Jensen Agency, stated a current appraisal is requested by the bond company. It was the consensus of the Commissioners for John Ayers to obtain quotes for the appraisal of all County owned buildings. IN THE MATTER OF CULVERT GU-070
John Ayers presented an Agreement for Consulting Services with CrossRoad Engineers in the amount of $22,100 for Culvert No. GU-070, located in Guilford Township on CR 825E. Mr. Ayers stated this will be to extend the width of this culvert. Commissioner Palmer moved to approve and execute the Agreement for Consulting Services with CrossRoad Engineers in the amount of $22,100 for Culvert No. GU-070. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF BRIDGE NO. 235
John Ayers presented an Agreement for Consulting Services with CrossRoad Engineers in the amount of $5,600 for Bridge No. 235, located in Guilford Township on Stafford Road. Mr. Ayers stated this will be a written report that will be developed that includes a description of the existing conditions and deficiencies, recommended repair and rehabilitation options and estimated costs including peripheral work items such as construction timing, permits, utility impacts, traffic control and right-of-way. Commissioner Palmer moved to approve and execute the Agreement for
Consulting Services with CrossRoad Engineers in the amount of $5,600 for Bridge No. 235. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CR 400S
Commissioner Whicker questioned the pipeline cut on CR 400S. John Ayers stated he will check this location. IN THE MATTER OF RIGHT-OF-WAY
Commissioner Whicker referenced a phone call from Merlin Martin, Stilesville, offering to trade the County right- of-way for a County bridge replacement north of US Highway 40 for a portion of an abandon County road in the same vicinity. John Ayers stated he will contact Mr. Martin on this offer. IN THE MATTER OF GOVERNMENT CENTER
Commissioner Palmer inquired about the status of replacing the carpet in the Government Center. John Ayers stated he plans to bring options and budget estimates relative to carpet replacement in the Government Center to the meeting next week. He also explained some problems they have incurred and the various types of carpet they have been considering. IN THE MATTER OF WHITE LICK CREEK ESTATES
Commissioner Wathen reported the new bridge in White Lick Creek Estates is working.
John Ayers stated there were some drains in the White Lick Creek Estates that weren’t working because they were blocked by debris. The Highway Crew will clean the inlets. IN THE MATTER OF CR 1000E
Commissioner Wathen requested the County Engineer to check CR 1000E at Clermont Lakes where water was standing. John Ayers advised he will check the problem to determine a way to resolve this standing water
Commissioner Wathen requested to see the grades for this location. IN THE MATTER OF TILDEN TERRACE
There was discussion of the flooding in Tilden Terrace and the study Banning Engineering is doing to resolve this flooding problem. John Ayers stated some pipes will need to be replaced and some pipes added in Tilden Terrace to solve the flooding and they plan to make these changes this spring. IN THE MATTER OF DONNELLY HEIGHTS
John Ayers advised Jeff Healey, Banning Engineering, is checking if a permit will be needed to work on the drainage problems in Donnelly Heights and that he is waiting for a report from Mr. Healey. IN THE MATTER OF APPLEWOOD
Commissioner Palmer stated she received a call from a resident on Granny Smith Drive in Applewood Subdivision of dangerous break up of pavement covering the streets. John Ayers stated he is checking the under drains in this area and the construction of the drainage in this development. Commissioner Wathen moved to recess the Commissioners’ meeting at 10:40 AM for the Tech Board. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker opened the Tech Board at 10:41 AM with John Parsons, Systems Administrator, and Doug Morris, Web Master, joining the meeting. IN THE MATTER OF TECH BOARD
John Parsons acknowledged receipt of an email from an employee in the Prosecutor’s Office who would like to add internet service on her laptop using the County blackberry as her modem and has offered to pay the monthly fee of $15. This employee has also inquired if this $15 fee could be deducted from her payroll. Doug Morris explained some problems this could create. There was discussion if this was an exempt or non-exempt employee doing work at home. Mr. Morris will check further and report back.
John Parsons presented a written request from Clerk Cindy Spence for a computer for a part-time employee in her department. Mr. Parsons advised they currently have several reconditioned computers that could be used for this part-time position. Commissioner Whicker moved to approve a computer for the Clerk’s Office, as requested.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
John Parsons advised the overhead projector in the Commissioners’ Meeting Room would be fully installed this week.
John Parsons stated Assessor Gail Brown needs three additional X-Soft licenses for three satellite offices. Doug
Morris said there is currently no connection to these offices. Commissioner Wathen requested for Doug Morris to obtain more information on these offices and report back.
Commissioner Palmer moved to adjourn the Tech Board at 11:00 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker reconvened the Commissioners’ meeting at 11:01 AM.
IN THE MATTER OF RECORDER’S OFFICE.
Recorder Paul T. Hardin presented a customer agreement from Iron Mountain Information Management, Inc. for software in the Recorder’s Office and requested this contract be reviewed and approved by the County Attorney. It was the consensus of the Commissioners to forward this contract to Greg Steuerwald for review and comment.
IN THE MATTER OF SURVEYOR’S OFFICE
Surveyor David Gaston reported they had received numerous flooding complaints from citizen as a result of the recent heavy rains and they were checking out each location.
Surveyor David Gaston reported a Surveyor’s vehicle was hit last week by another vehicle that ran a red light. He reported it was the other drivers fault and that the vehicle is at the body shop awaiting repairs. Rich Jensen advised he had notified the insurance carrier. I N THE MATTER OF EMPLOYEE MANUALS
Ron Love advised he had been informed the Hendricks County Courts have their own employee manuals that are different from the Hendricks County Employee Manuals. Commissioner Palmer requested Mike Graham to check on this comment and bring back a report.
IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
Action needed/taken on the following:
1. Checks received and signed to the county: a. Governmental Interinsurance Exchange $9,286.97 Vehicle Damage b. Governmental Interinsurance Exchange $850.00 Vehicle Damage
2. Whicker signed vehicle titles for the following: None
3. Documents needing action: None I N THE MATTER OF VETERANS’ AFFAIRS
Receipt was acknowledged of the January 2009 Veterans’ report from Lori Turpin, Veteran’s Affairs Officer.
IN THE MATTER OF HUMAN REOURCES
Receipt was acknowledged of the Human Resources report for February 9 through February 13, 2009 from Ron
Love, Human Resources Director.
IN THE MATTER OF SECURITY WORKSHOP
Commissioner Whicker announced the Commissioners have scheduled at 1:00 PM Workshop in Room #2 of the
Government Center with Sheriff Dave Galloway to discuss security and this workshop has been duly posted on the agenda.
Commissioner Wathen moved to adjourn the Commissioners’ meeting at 11:05 AM . Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member ATTEST: ______Judith Wyeth, Deputy Auditor
February 24, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, February 24 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Cinda Kattau Hendricks County Auditor David Gaston Hendricks County Surveyor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Don Reitz Hendricks County Planning Director Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of February 17, 2009 as corrected. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #191864 thru 191892, as advertised. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Wathen advised of a meeting he attended with a potential developer at Exit 59.
John Ayers stated he had met with representatives of the Corp of Engineers and INDOT on the proposed wetlands at Exit 59 and they are working to resolve several issues.
Mike Graham reported Lauth and the County are working to resolve some contract issues with Veolia Water on servicing the Exit 59 area with water and they plan to bring the revised contract to the Regional Sewer Board meeting on Tuesday, March 3, 2009. IN THE MATTER OF RONALD REAGAN PARKWAY
Commissioner Wathen advised of a meeting of the Funding Task Force for the Ronald Reagan Parkway last week and stated they hope to receive funding from the federal stimulus money for the Ronald Reagan Parkway.
Mike Graham gave a brief history of the Metropolitan Planning organization (MPO), and questioned pending local funding of the MPO. Hendricks County does not have voting representation on the MPO. It was the consensus of the
Commissioners to add MPO to the March 3, 2009 Commissioner’s agenda.
Receipt was acknowledged of the February 15, 2009 Appian report of the Ronald Reagan Parkway from Dennis
Faulkenberg
John Ayers announced the INDOT “Ready for Contract” date for the section from US 36 to CR 100S is April 30,
2009. The actual bid date would be approximately 90 days after that. The current estimate is $12.5 million. ------IN THE MATTER OF JUDICIAL CENTER
John Ayers advised the Advisory Committee for the Judicial Center Study will meet on Thursday, February 26,
2009 at 7:00 PM in the Government Center. IN THE MATTER OF B&O TRAIL 5/10 K WALK/ RUN
Joshua Brewster, Vice President B&O Trail Association, made a request to close some roads for the B&O Trail
Association 5/10K run/walk sponsored by Clarian West to be held on Saturday, September 12, 2009. Mr. Brewster presented a map showing the proposed route from the Clarian West facility and returning to Clarian West. He requested to close portions of several County roads from 8 – 12 AM on that date. There was discussion of the proposed route, the roads to close, date and possible conflict with activities at O’Riley Raceway Park that weekend. It was the consensus of the Commissioners for Mr. Brewster to check the schedule of O’Riley Raceway Park, consider an alternate route, look at a possible change of date and bring back for further consideration. IN THE MATTER OF CR 350N - TAMMY COOPER
Tammy Cooper, CR 350N, came forward to express concerns on drainage problems on CR 350N and stated the water was washing out their driveway. John Ayers gave a brief history of drainage projects in this area that the
County had worked on to resolve these problems. Surveyor David Gaston stated he will look at this site. It was the consensus of the Commissioners for County Engineer John Ayers and County Surveyor David Gaston to check this problem and bring back a recommendation. IN THE MATTER OF LARRY AND MABLE LEINEWEBER
Mabel Leineweber, Mooresville Road, advised they had attempted to minor plat a lot from their 35 acres where their house and buildings currently stand and are unable to complete the plat due to the excessive road right-of-way required by the Master Thoroughfare Plan. John Ayers explained the location of the property on the corner of two
County roads and the set-back requirements set forth in the Subdivision Control Ordinance. He stated he is willing to reduce the required right-of-way along CR 571 E, but the requirement along CR 800S was not unusual and in his opinion did not create a hardship.. Larry Leineweber stated this 50 foot right-of-way requirement on two sides of their property would reduce the value of their property and nobody will want to buy the house and buildings with a road right-of-way so close to the house. Mr. Ayers advised they could request a reduction of the road right-of-way requirements. It was the consensus of the Commissioners for County Planning Director Don Reitz to check with
Attorney Greg Steuerwald on the appeal process requesting a waiver of the right-of-way requirements. IN THE MATTER OF ORDINANCE NO. 2009-04 ZA 393-09: HALL INVESTMENTS
Don Reitz presented ZA 393/09 Hall Investments, request for a zoning amendment change from HB/Highway
Business District and AGR/Agriculture Residential District to AGR/Agriculture Residential District and HB/Highway
Business District for 9.06 acres in Liberty Township, located on the west side of State Road 39, approximately 0.75 mile south of US Highway 40. Mr. Reitz explained the Plan Commission held a Public Hearing for this zoning amendment on February 10, 2009 and sends with an unfavorable recommendation of 4-2-0. Commissioner Wathen stated he voted to approve this zoning request at the Plan Commissioner and moved to approve ZA 393/09: Hall
Investments for the zoning changes requested. Commissioner Whicker seconded the motion for purpose of discussion. Commissioner Wathen explained four members of the Plan Commission voted to deny this request as they felt it was spot zoning and gave his reasons for voting favorably for this zoning request at the Plan Commission.
Petitioner John Hall gave a brief history of this property and the zoning on this parcel and stated the 9.06 acres they are requesting for this rezoning is to establish a church at this location. The motion was approved unanimously as
Ordinance No. 2009-04 by a vote of 3-0-0. IN THE MATTER OF EMPLOYEE EVALUATION
Commissioner Wathen commended Don Reitz for starting the employee performance evaluations for employees in the Planning and Building Department. IN THE MATTER OF NEIL AND PAM PATTISON – CR 1000 E
Commissioner Whicker announced that a phone call had been received from Neil and Pam Pattison advising they are unable to come in today to discuss flooding of CR 1000E, north of Clermont Lakes and that they will call and establish another date when they can come in on this matter. John Ayers pointed this location out on the map and explained problems they have had with flooding in this area. IN THE MATTER OF SUBSTANCE ABUSE TASK FORCE
Receipt was acknowledged of a phone call from Christie Patterson, Pittsboro Police Department, advising she was unable to attend the meeting today and requested to come in next week to present the Substance Abuse Task Force report. It was the consensus of the Commissioners to add Ms. Patterson to the agenda for March 3, 2009. IN THE MATTER OF WHEEL TAX
Mike Graham reported that during the joint meeting on February 12, 2009 there was a discussion about Wheel Tax and Council Member Dick Thompson raised a concern about small trailers being increased to $40 rather than the current $20. Mr. Graham stated he researched the question and a small trailer would pay $25 dollars if the Council raised the Wheel Tax and Excise Tax. IC 6-3.5-4 County Motor Vehicles Excise Surtax establishes the amount of money the county can collect for primarily cars and light trucks. Under the definition section “Motor Vehicle” means a vehicle is subject to annual license excise tax imposed under IC 6-6-5. Under the definition section IC 6-6-5-1, it sets out the types of vehicles subject to the Motor Vehicle Excise Surtax. The definition of a trailer for purposes of these excise taxes is defined as,
(h) As used in this chapter, “trailer” means a device having a gross vehicle weight equal to or less than three thousand (3,000) pounds that is pulled behind a vehicle and is subject to annual registration as a condition of its operation on the highways pursuant to the motor vehicle registration laws of the state. The term includes any utility, boat or other (2) wheeled trailer.
He further stated that by this definition owners of smaller trailers would pay $25 if the County Motor Vehicle Excise
Surtax was raised to maximum specific amount under the code and he has provided this information to Council
Member Thompson and he agrees that small trailer surtax would be $25 if the excise surtax was raised. IN THE MATTER OF ANIMAL CONTROL
Mike Graham presented a draft letter from the Commissioners to Ms. Blacketer responding to her letter about problems with trying to adopt an animal at Animal Control. He stated that Mary Anne Lewis does not recall talking to Ms. Blacketer. Mr. Graham also stated Ms. Lewis is going to call Ms. Blacketer and see if she can help to address some of Ms. Blacketer’s concerns. It was the consensus of the Commissioners to sign the letter, as presented, and forward a copy to the Chief Animal Control Officer, Mary Ann Lewis.
Mike Graham presented a draft memo to Mary Anne Lewis, Chief Animal Control Officer, setting the perimeters on the expenditures of donated money and directing Animal Control to prepare a receipt for all cash and non-cash donations. Mr. Graham stated there was a concern expressed by Ms. Lewis on writing a receipt for non-cash donations, however, Auditor Cinda Kattau has asked the State Board of Accounts for an opinion on providing receipts for non-cash items and the State Board of Accounts stated that non-cash items do not need a receipt. It was the consensus of the Commissioners to change the date on the memo to February 24, 2009, eliminate preparing a receipt for non-cash donations and forward the revised memo on donations to Mary Anne Lewis.
John Ayers reported there was no response to the Notice to Bidders that was advertised to tear down and remove the old animal control facility. He also stated he is seeking a price by talking individually to contractors. IN THE MATTER OF CR 400S
John Ayers responded to concerns expressed last week on pipeline cuts to CR 400S and explained the pipeline has not cut the road they actually bored under the road, however, the pipeline has settlement at two locations on CR 400S as a result of the heavy water flow in that area. He further explained that his staff checks the County roads in the pipeline area on a regular basis and the pipeline will repair any damage they have done to County Roads. IN THE MATTER OF GOVERNMENT CENTER
John Ayers reported on carpet replacement in the Government Center and explained they are looking at using carpet squares rather than roll carpet as this would reduce the cost of moving office furniture. Mr. Ayers requested to obtain a quote for only hallway carpet, a quote for carpet only in the offices that need carpet replaced and a quote to carpet all the floors in the Government Center. It was the consensus of the Commissioners to obtain the three quotes as requested.
There was discussion of the bond money. It was the consensus of the Commissioners for Mike Graham to check if all of the bond money was to be spent. IN THE MATTER OF MERLIN MARTIN PROPERTY
John Ayers stated he and the right-of-way buyer had been unable to contact Merlin Martin on the proposed property swap for right-of-way, however, they have left messages and expect to hear back this week. IN THE MATTER OF CR 1000E
John Ayers advised they are shooting grades on CR 1000E to determine the flooding problems. Commissioner
Wathen requested to look at the elevations for CR 1000E. IN THE MATTER OF BROWNSBURG WAGE COMMITTEE
Receipt was acknowledged of an email from Attorney Jeff Logston, law firm of Kroger Gardis & Regas, for an appointment from the Town of Brownsburg to serve on the Common Wage Committee for an expansion of the
Brownsburg Wastewater Treatment Plant. Mr. Logston advised this appointee must be a taxpaying individual who lives within the Brownsburg Wastewater Treatment area, however, he provided no names. Commissioner Wathen moved to appoint J. Kirk LeBlanc to the Common Wage Committee for the Brownsburg Wastewater Treatment
Plant. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF COURTHOUSE USE
Receipt was acknowledged of a request from Allison Barrows, Superior 2, to use the Courthouse Rotunda for a high school open house on Saturday, May 30, 2009 from 1 - 4 PM for her daughter and the daughter of Walter and
Shannon (Conley) Harris. Commissioner Whicker made a motion to approve the request of Allison Barrows for use of the Courthouse on May 30, 2009 to host a high school open house for two graduating seniors. Commissioner
Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLERK’S OFFICE - CHAIRS
Receipt was acknowledged of a request from Clerk Cindy Spence to purchase five new office chairs for her staff.
The Engineering Department obtained a quote from Continental Office Environments for chairs similar to the chairs currently in the Government Center in the amount of $2,395, delivered. Commissioner Wathen moved to approve the purchase of five new chairs for the Clerk’s Office in the amount of $2,395 and to fund from the equipment line in the Commissioners’ budget. Commissioner Palmer seconded the motion and the motion was approved unanimously
3-0-0. IN THE MATTER OF TRIP TO CHICAGO TO MEET WITH RATING AGENCIES
Reference was made to Greg Guerrettaz taking a group of elected officials to Chicago to meet with rating agencies on March 5 and March 6, 2009. It was noted they plan to drive and would need to rent a van for the seven individuals planning to go. It was also noted the County has a van at Cypress Manor that is available and will seat 15 people.
Rich Jensen has advised that any County employee can drive a County vehicle, therefore, anyone in the group, other than Mr. Guerrettaz, is qualified to drive this van. James McBryant stated the van would be available those two days,
March 5 and 6, 2009 and he would be willing to have the oil changed and everything checked on the van before they go. By using this County van would save a considerable amount of money on transportation to Chicago. There was discussion of a driver for this van. It was the consensus of the Commissioners to check if any of the individuals going would be willing to drive this van to Chicago. IN THE MATTER OF EMPLOYEES - BOTTLED WATER
Auditor Cinda Kattau stated several offices were purchasing bottled water from County funds and she had sent out an email to all offices advising this was not acceptable. There was discussion of the various departments and that some fund the water from employee contributions, however, several continue to use County funds. It was the consensus of the Commissioners for Cinda Kattau to request an opinion from the State Board of Accounts on this matter. IN THE MATTER OF CR 300N
Commissioner Wathen relayed a Brownsburg Town Councilman’s inquiry about County plans for improvements on CR 300N and CR 700N. John Ayers stated there are no plans for changes of these roads at this time. He stated there is a possibility that CR 300N may be widened at some point, however, it is not on the plans at this time. IN THE MATTER OF APPOINTMENT ALCOHOLIC BEVERAGE COMMISSION (ABC)
Receipt was acknowledged of the Certificate of Appointment to Local Alcoholic Beverage Board (ABC) from appointee Gordon Hitchings. It was the consensus of the Commissioners to execute this form. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence.
Correspondence:
1. Hoosier Heartland RC&D Annual Council meeting, Monday, February 23, 2009, 6:00 p.m., MCL Restaurant & Bakery, Castleton. 2. Cummins Behavioral Health Systems, Inc., Board of Directors Meeting, Thursday, January, 22, 2009, Board Conference Room, Avon, IN, 7:00 p.m. 3. IDEM ,Office of Water Quality, Facility Construction has received a sewer permit application for Avon Pointe in Avon, IN. 4. IDEM, Office of Water Quality, Notice of Decision To Issue A General Permit to Shell Station in Plainfield, IN. 5. Town of Avon, Avon Plan Commission has issued a zoning map amendment for the properties listed. 6. IDEM, Office of Air Quality, Receipt of Air Permit Application, OKI Systems Ltd. 7. IDEM, Office of Air Quality, Receipt of Air Permit Application, Siemens Healthcare Diagnostics, Inc.
Action needed/taken on the following:
1. Checks received and signed to the county: a. Comcast $30,133.31 2008 Franchise Fee
2. Whicker signed vehicle titles for the following: None
3. Documents needing action: None IN THE MATTER OF CABLE FRANCHISE FEES
Commissioner Wathen inquired if the check from Comcast for 2008 Franchise Fees in the amount of $30,133.31 could be used for roads. It was the consensus of the Commissioners for Mike Graham to discuss this fund with
Attorney Greg Steuerwald. IN THE MATTER OF WEIGHTS AND MEASURES
Receipt was acknowledged of the February 15, 2009 Weights and Measures monthly report from Charles Colbert,
Weights and Measures Inspector. IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the February 17 to February 21, 2009 Highway report from Martin Summers,
Highway Superintendent. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the February 16 through February 20, 2009 Human Resources report from Ron
Love, Human Resources Director.
Commissioner Wathen moved to adjourn the Commissioners’ meeting at11:25 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member ATTEST: ______Judith Wyeth, Deputy Auditor
March 3, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday March 3, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor Paul T. Hardin Hendricks County Recorder David Gaston Hendricks County Surveyor Mary Ann Lewis Hendricks County Chief Animal Control Officer John Ayers Hendricks County Engineer Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of February 24, 2009 as corrected. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #191985 thru 192299, #191953 thru 191978, #092323 thru 092471 and \Direct Deposit # 046636 thru 047028, as advertised. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Whicker announced Valenti-Held is starting construction on the sewer lines at Exit 59.
Commissioner Wathen advised he had met with a prospective developer at Exit 59 and they should have their decision this week if this is the location for their project.
John Ayers reported he had attended a meeting hosted by American Structurepoint including INDOT and
IDEM to discuss mutually beneficial use of the wetland mitigation site on Hendricks County Regional Sewer
District’s property at CR 1000 S. He further stated they are awaiting feedback regarding the willingness of
IDEM and INDOT to cooperate on this joint venture. IN THE MATTER OF RONALD REAGAN PARKWAY
Commissioner Whicker announced the Hendricks County Regional Sewer Board will conduct a workshop to discuss sewer lines for the Ronald Reagan Parkway and I-74 on Tuesday, March 17, 2009 at 1:00 PM in
Room #3 of the Government Center.
John Ayers advised he will be attending an MPO meeting to discuss the Ronald Reagan Parkway on
Monday, March 9, 2009. IN THE MATTER OF JUDICIAL CENTER
Steve Craney, Banning Engineering, gave a brief report on the first meeting of the Advisory Committee for the judicial center and stated their next meeting would be Thursday, April 9, 2009 at 7:00 P M in the
Government Center. IN THE MATTER OF NEIL AND PAM PATTISON
Pam Pattison came forward to explain water and flooding issues at the home, located 4495 N CR 1000E. and stated flooding has been an ongoing problem, however, when the road was repaved it raised the road several inches causing additional flooding and also when Indianapolis Water installed a water line on neighboring property they cut/broke field tiles. Ms. Pattison presented pictures of standing water in their area.
Neil Pattison explained the damaged culverts in his area and culverts that were too small to handle the heavy water flow in the area. John Ayers presented contours of the area and advised of some possible solutions.
There was discussion of the flooding problems. The Commissioners directed John Ayers to continue to work to resolve flooding in this area. IN THE MATTER OF SUBSTANCE ABUSE TASK FORCE
Christi Patterson, Pittsboro Police Department, presented a report of the Substance Abuse Task Force and advised she will be coming to the Commissioners with a report after each grant period. She explained the grant list and the amount of funding. She further advised they had received federal grants in the amount of $125,000 and had hired a new grant administrator and a SMART coordinator with this funding. Ms. Patterson explained several of their programs and stated all Hendricks County schools are currently participating in their program and are regularly attending their meetings. She extended an open invitation to everyone to attend the next meeting of the Substance Abuse Task Force on March 11, 2009 at Hendricks Regional Health. IN THE MATTER OF SENIOR SERVICES - SYCAMORE SERVICES – LINK
Receipt was acknowledged of the INDOT February 24, 2009 notification of Deobligation of Unspent Federal
Transit Administration Funds. Beth Ann Leach, Director Senior Services, reported this was a $7,500 grant they received in October to hire individuals to ride in the LINK vans to help those riders that needed assistance, however, they did not have time to implement this new program that late in the year and were unable to use the grant funding. She stated LINK Hendricks County does now have this program operating for 2009.
Beth Ann Leach gave a brief report on LINK funding and reported they had 62,421 rides in 2008. She also advised LINK could provide rides to residents in the work release center if the times match their schedule, but she had checked with the center and was advised there is no need at this time. She also stated they could possibly pick up workers at the airport with an agreement with Indy Go that they provide transportation for workers in the Indianapolis area to the airport and LINK take them to their place of employment in Hendricks
County. Commissioner Wathen requested Mike Graham to send a letter to the judges advising them that LINK could provide transportation for residents of the work release center.
Marcia Lynch, Sycamore Services, advised the 5310 grant she had requested to be on the agenda does not need Commissioners’ approval, however, she will be bringing a pre grant application for the Presidents’ signature. It was the consensus of the Commissioners for the President to sign the pre grant application for
Sycamore Services, when presented. IN THE MATTER OF ANIMAL CONTROL
Mary Anne Lewis presented her annual report on 2008 activities of Animal Control including budget, revenue, incoming animals, adoptions, number euthanized, warnings and bite cases. Commissioner Wathen made several suggestions for compiling figures on their activities.
IN THE MATTER OF 56TH STREET
John Ayers presented a memo advising they had reviewed the bids received for the 56th Street reconstruction project and recommended the contact be awarded to Berns Construction as the lowest most responsive and responsible bidder, in the amount of $9,849,417.94. Mr. Ayers also stated the Engineer’ Estimate with contingency was $13,713.597. Commissioner Palmer moved to award the bid for reconstruction of 56th Street to Berns Construction as the lowest, most responsive and responsible bidder, in the amount of $9,849,417.94.
Commissioner Whicker seconded the motion. Commissioner Wathen advised he planned to abstain on this vote due to possible conflict of interest or possible appearance of impropriety as his firm may supply concrete pipe to this project. Greg Steuerwald clarified this was neither a conflict of interest nor appearance of impropriety, however, he could abstain if he wished. The motion was approved 2-0-1 with Commissioners Palmer and
Whicker voting aye and Commissioner Wathen abstaining. It was the consensus for the two voting
Commissioners to sign the contract with Berns Construction. IN THE MATTER OF RIGHT-OF-WAY APPEAL - LEINEWEBER
Greg Steuerwald advised he had reviewed the letter from Don Reitz, Planning Director, responding to Larry and Mable Leineweber inquiry during the February 24, 3009 meeting . The letter explained the process to appeal Hendricks County right-of-way dedication requirements and that he approved the letter. It was the consensus of the Commissioners for Mr. Reitz to forward this letter to Mr. and Mrs. Leineweber. Commissioner Wathen moved to recess the Commissioners’ meeting for the Tech Board at 10:55 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker opened the Tech Board at 10:56 AM. IN THE MATTER OF TECH BOARD
Commissioner Whicker announced that John Parsons has advised he has nothing to bring before the Tech
Board this week.
Commissioner Palmer moved to adjourn the Tech Board at 10:57 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker reconvened the Commissioners’ meeting at 10:58 AM. IN THE MATTER OF COURTHOUSE – CHILLER
John Ayers stated the chiller in the Courthouse needs to be replaced and requested to advertise Notice to
Bidders for quotes on a replacement chiller. Commissioner Wathen moved to approve the publication of Notice to Bidders for a chiller at the Courthouse for bid opening on March 24, 2009. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF GORDON GRAHAM FIELD
John Ayers advised in the County long range plan it is recommended to abandon a road near the Gordon
Graham Field. However, Mr. Ayers further advised that within a few years that area may be annexed into the
Town of Danville and may no longer be a concern of the County. IN THE MATTER OF SR 39
John Ayers announced INDOT would be closing a portion of SR 39 south of Belleville to I-70 for repairs and the official detour will be on State roads, but the unofficial local detour will on County roads. Mr. Ayers further stated he will bring back an agreement from INDOT for reimbursement for damages on the unofficial detour route when INDOT corrects it. IN THE MATTER OF MERLIN MARTIN - ROAD VACATION
John Ayers advised he had been in contact with Merlin Martin and discussed right-of-way needed from him for a culvert replacement, and also for vacation of a portion of CR 675 S. He further advised that CR 675S is abandoned and Mr. Martin owns property on both sides of this road. Mr. Ayers stated he is working with Mr.
Martin on the process to vacate a road. IN THE MATTER OF HENDRICKS POWER
John Ayers reported he will meet with representatives of Hendricks Power on March 6, 2009 to work on new guidelines and policy for relocations of power poles and stated they currently are looking at these on a case by case basis. IN THE MATTER OF GOVERNMENT CENTER - GENERATOR
John Ayers announced the new backup generator at the Government Center in installed and they will test the wiring on March 9, 2009 and check the power and connection after 4 PM on that date. IN THE MATTER OF CR 100E - MAPLEWOOD
Commissioner Wathen referenced drainage issues on CR 100E near Maplewood and requested John Ayers and David Gaston meet with him on site to look at this problem. David Gaston responded he had met with the individual at this area and they are working with him to resolve drainage issues. IN THE MATTER OF CYPRESS MANOR
James McBryant requested the front sidewalk at Cypress Manor be replaced. John Ayers stated they will obtain estimates and bring back to the Commissioners for further consideration of this request.
James McBryant presented an application for residency for Kent Robinson and stated he met all the requirements. Commissioner Palmer moved to approve the individual on the admission form as requested by the Cypress Manor Superintendent. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF METROPOLITAN PLANNING ORGANIZATIN (MPO)
John Ayers presented an invoice from the Metropolitan Planning Organization (MPO) in the amount of
$15,375 and gave a brief history of this organization. There was discussion that Hendricks County should have a voting representative on the MPO. Commissioner Wathen moved to honor the MPO invoice in the amount of $15,375 and for Mike Graham and John Ayers to draft a letter to the MPO requesting Hendricks
County be granted voting representation. Commissioner Whicker seconded the motion and the motion was approved unanimously 3-0-0.
John Ayers also explained there was a request for funding for rapid transit. It was the consensus of the
Commissioners to refer the request for rapid transit funding to the Council for further consideration. IN THE MATTER OF RECORDER’S OFFICE - CONTRACT
Recorder Paul Hardin gave a brief history of the off-site storage of records in the Recorder’s Office and stated he would like to change contracts for this storage to Iron Mountain and that he will fund the contract from his Perpetuation Fund. He further stated he has forwarded a copy of this Customer Agreement with Iron
Mountain to Attorney Greg Steuerwald for his review, however, has not had a response. Commissioner Palmer moved to approve the contract with Iron Mountain for off-site storage of records in the Recorder’s Office, subject to approval by legal counsel. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EMPLOYEE HEALTH INSURANCE
Receipt was acknowledged of the contract from Ron Love, Human Resources Director for the Unified
Group Services Plan Supervisor Agreement effective January 1, 2009 with the February 19, 2009 letter from H.
J. Spier Company relative to the employee group health insurance plan. Mr. Love indicated this agreement had been approved by the Council, but requires the Commissioners’ signatures. Commissioner Wathen moved to approve the Planned Supervisor Agreement with Unified Group Services, as presented and as previously approved. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EQUIPMENT
Receipt was acknowledged of an earlier request from Elvin Cassity advising the desktop copier in the
Custodial Office is no longer working and requesting a replacement copier for his old copier, which came from
Highway. A quote was presented from CopyCo for a remanufactured desktop copier for $425. It was also noted the fax in the jail has quit and Megan Morgan has requested that we obtain quotes for a replacement fax and has advised they have funds in their Sheriff’s Commissary Fund that can be used to purchase this fax at no cost to the County. Commissioner Wathen moved to approve the purchase of a reconditioned copier from
CopyCo for the Custodial Office in the amount of $425.00 to be funded from the Commissioners’ equipment line and to approve the Sheriff’s purchase of a fax from CopyCo for the Jail with funding from the Sheriff’s
Commissary Fund. Commisisoenr Whicker seconded the motion and the motion was approved 2-1-0 with
Commissioners Whicker and Wathen voting aye and Commissioner Palmer voting nay. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. IDEM, Office of Air Quality, Approval – Effective Immediately, OKI Systems Ltd. 2. Crown Castle International, Tier II report forms for telecommunication towers that are owned and operated by Crown Castle USA , Inc.
Action needed/taken on the following:
1. Checks received and signed to the county: a. Governmental Interinsurance Exchange $90.00 Vehicle Damage b. Governmental Interinsurance Exchange $4,753.72 Vehicle Damage c. Avenue Broadband Communications, Inc. $282.71
2. Whicker signed vehicle titles for the following: None
3. Documents needing action: None IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the Highway report for February 23 to February 27, 2009 from Martin Summers,
Highway Superintendent.
IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the Human Resources report of February 23 through February 27, 2009 from Ron Love,
Human Resources Director. IN THE MATTER OF PLANNING
Receipt was acknowledged of the Planning and Building Department January Collections Report from Don
Reitz, Planning Director. IN THE MATTER OF EXTENSION
Commissioner Palmer reported she had met with the Hendricks County Fair Board and Scott Foster, 4-H
Educator, had expressed his appreciation to the Commissioners for the replacement copier at the Extension
Office. IN THE MATTER OF PRESIDENT’S CLUB
Commissioner Palmer stated the proposed stimulus funding was discussed at the recent meeting of the
Presidents’ Club held at the Avon Community School Corporation. IN THE MATTER OF CR 600 S
There was discussion of debris near the bridge on CR 600S at Crystal Springs Bay. John Ayers advised he is obtaining quotes for removal of this debris before the rainy season. IN THE MATTER OF HOSPITAL BONDS
Mike Graham acknowledged an email from Bruce Donaldson, Barnes & Thornburg, advising the hospital bonds for Hendricks Regional Health have been sold and he will be on the March 10, 2009 agenda to give an updated report on the bonds. Mr. Donaldson also stated the bond closing is scheduled for March 12, 2009.
Commissioner Wathen moved to adjourn the Commissioners’ meeting at 11:35 AM. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
March 10, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, March 10, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners James McBryant Administrator Cypress Manor David Warren Hendricks County Director Emergency Management Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Palmer moved to approve the minutes of March 3, 2009 as corrected. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Palmer moved to approve Claims #192366 thru 192403, #192404 thru 192405, and #192406 thru 192410, as presented. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Wathen stated he met with representatives from Paul Kite to discuss the Memorandum of
Understanding (MOU) on their proposed Exit 59 project. He also announced Paul Kite representatives came before the Drainage Board this morning on their 70 West Commerce Park and will be at the Plan Commission meeting tonight on the road for this proposed project.
John Ayers advised INDOT has pulled the bid for letting of SR 39 improvements. He stated we should hear from the State on the wetlands issue and is waiting on word from them before moving forward. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers advised the Metropolitan Planning Organization (MPO) prepared a list of possible projects for funding from the federal stimulus fund. He also explained a meeting he had attended regarding proposed roads and transit projects and explained the selection process. He advised we will know by March 25, 2009 the approved projects.
Commissioner Whicker announced the Regional Sewer Board will hold a Workshop in the Government
Center on Tuesday, March 17, 2009 at 1:00 PM to discuss servicing the Ronald Reagan Parkway and I-74 area. IN THE MATTER OF JUDICIAL CENTER
John Ayers stated the Advisory Committee for the Judicial Center plan several on-site visits to judicial centers in other counties on March 19 and 26, 2009. He also stated they will have their second meeting at 7:00
PM on Thursday, April 9, 2009. IN THE MATER OF DONNELLY HEIGHTS
Kirby Myers, Donnelly Heights, inquired the status of drainage issues in Donnelly Heights. John Ayers stated they are working on the permit to submit to the DNR.
IN THE MATTER OF HENDRICKS REGIONAL HEALTH - BONDS
Bruce Donaldson, Barnes & Thornburg, gave an up to date on the bonds for Hendricks Regional Health expansion and stated the bonds have been sold through the Indiana Bond Bank at 5% for 20-years with the closing scheduled for March 12, 2009. Mr. Donaldson stated he had several documents that required the approval and signatures of the Commissioners and advised that Greg Steuerwald has reviewed all documents presented. He presented the Addendum to Lease Between Hendricks County Hospital Association, Lessor, and
Hendricks, County Indiana and the Board of Trustees of Hendricks County Hospital, Lessees, for execution.
Commissioner Palmer moved to approve and sign the Addendum for the hospital bonds, as presented.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
Commissioner Palmer introduced Patti Jefferson as one of the five individuals recently appointed by the
Commissioners to serve on the Hendricks County Hospital Association and stated she is currently serving as the
Secretary of the Hendricks County Hospital Association.
Bruce Donaldson presented the Qualified Entity Continuing Disclosure Undertaking Agreement for execution. Commissioner Palmer moved to approve the Qualified Entity Continuing Disclosure Undertaking
Agreement, as presented. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
Bruce Donaldson presented the General Certificate of Hendricks County, Indiana, Hendricks County
Hospital Association Lease Rental Revenue Bonds, Series, 2009 in the amount of $75,000,000. Commissioner
Wathen moved to approve the Hendricks County Hospital Association Lease Rental Revenue Bonds, Series,
2009 in the amount of $75,000,000, as presented. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Bruce Donaldson presented the Qualified Entity Purchase Agreement, dated February 24, 2009 for the issuance of bonds for the expansion of Hendricks Regional Health, for execution. Commissioner Palmer moved to approve and sign the Qualified Entity Purchase Agreement, as presented. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF 56TH STREET
Bruce Donaldson, Barnes & Thornburg, gave a brief report on the trip to Chicago to meet with representatives of the rating firms of Moody’s and with Standard & Poer for the bond for reconstruction of CR
600 N (56th Street). He complimented the attending County elected officials on their presentation and stated they were very well received by both rating agencies and feels very positive about the County. He briefly explained the rating procedures. Auditor Cinda Kattau thanked Mr. Donaldson and Commissioner Wathen for representing the County and their contribution in this joint venture for Hendricks County. Commissioner
Wathen reported the meetings went very well and he is expecting an email from Moody’s on our bond rating.
John Ayers advised on March 24, 2008 he will meet with Berns Construction for a pre-construction meeting for the 56th Street reconstruction project. He further advised when the bonds are sold he will issue a Notice to Proceed for this project. IN THE MATTER OF EMERGENCY MANAGEMENT
David Warren introduced David Lynstall, and stated he is working with the Ham Radio volunteers to serve
Hendricks County in the event of an emergency. Mr. Warren explained the tornado damage over the weekend in Southern Indiana. He also advised of the tornado siren test sis set for March 11, 2009 to make sure the tornado sirens are operating and stated this will be done in conjunction with the rest of the state. Commissioner
Whicker advised that the tornado sirens are maintained by the entities and other sirens are maintained by the
Communications Center.
David Warren presented a proclamation from Governor Mitch Daniels proclaiming the week of March 15 –
21, 2009 as Severe Weather Preparedness Week. It was the consensus of the Commissioners to accept and post this Severe Weather Preparedness Week weather proclamation from Governor Daniels.
There was discussion of a policy and training for employees in all County facilities in the event of a severe weather alert. It was the consensus of the Commissioners for Mike Graham and David Warren to work on this policy. IN THE MATTER OF CYPRESS MANOR
James McBryant presented an application for Charles Robert Turner for residency in Cypress Manor. Mr.
McBryant gave a brief history for this individual and recommended that he be accepted. Commissioner Palmer moved to accept Charles Robert Turner for residency in Cypress Manor, as recommended by James McBryant.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EMPLOYEE EVALUATIOIN
Mike Graham reported he had taken the instrument for the annual employee evaluation to Council and they recommended that this be adopted. Commissioner Palmer moved to adopt the annual employee evaluation instrument, as presented. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CONSERVATION CLUB DAM
Mike Graham acknowledged receipt of a letter from DNR advising another inspection of the Conservation
Club dam is required. He also stated he had received a note from Sycamore Services advising they no longer were interested in this property and was advised by Greg Steuerwald to contact Hendricks Regional Health to see if they have an interest in purchasing this property. John Ayers stated the previous dam inspection was conducted by Banning Engineering. It was the consensus of the Commissioners for John Ayers to contact
Banning Engineering for another inspection of the Conservation Club dam. IN THE MATTER OF ANIMAL SHELTER
Receipt was acknowledged of a letter from Amy Mazzio, Treasurer of the Hendricks County Friends of the
Shelter, requesting approval for the Friends of the Shelter to host a fund raiser on the grounds around the
Animal Shelter on Saturday, April 25, 2009. Her letter explained this event would consist of vendors, rescue organizations and demonstrations as well as dissemination of information on the good work the County is doing in the new shelter. Mike Graham advised he has talked with Mary Anne Lewis, Chief Animal Control Officer, and she suggested they change the date to May 2 – May 3, 2009 to coincide with the same date of the National
Animal Shelter Recognition. It was the consensus of the Commissioners to contact Ms. Mazzio and discuss changing the date for this event.
Mike Graham reported Mary Anne Lewis has advised that if they do this event, it will be over the weekend and she will need to pay overtime for her staff. She requested to fund this overtime from the Donation Fund. It was the consensus of the Commissioners, based upon a recommendation from Auditor Cinda Kattau, that the
Donations Fund could be spent for overtime pay.
John Ayers advised he has received quotes from three contractors to demolish and remove the old animal control facility:
K. A. Miner Excavating $ 6,300 LRC Quinn Corporation $11,925 Denney Excavating $ 7,950
Mr. Ayers stated Keith Minor was the lowest quote with $6,300 and this could be funded from the Food and
Beverage money allocated for the Shelter and from Cum Cap budget. Commissioner Wathen moved to approve
K. A. Miner Excavating to demo the old animal control facility in the amount of $6,300 and fund from Food and Beverage and cum cap. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF FIBER OPTIC
John Ayers explained they often have to work around the County’ underground fiber optic and felt the
County owned Fiber Optic Line should have some type of protection. He presented explanations and costs for two contracts:
1) Indiana Underground Plant Protection Service, Inc. (IUPPS): He stated this would make Hendricks County a voting member of the Indiana Underground Plant Protection Service and all contractors are required by law to notify IUPPS when any excavation takes place within 50 feet of our buried cable. This has a $200 one-time fee and $ .94 (ninety-four cents) per ticket monthly fee.
2) An annual Service Agreement with Northern Lights Locating Services is a per site location fee to locate Hendricks County fiber optic lines 1,500 feet maximum for $65 each.
Mr. Ayers stated each is necessary to protect the Hendricks County underground fiber optic cable investment and recommended the County accept both contracts. Commissioner Wathen moved to approve the contract with Indiana Underground Plant Protection Service, Inc. (IUPPS) for locating underground utilities and authorize the President to sign the contract on behalf of the Commissioners. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0,
Commissioner Wathen moved to approve the contract with Northern Lights Locating Service to locate the County’s underground fiber optic and authorize the President to sign on behalf of the Commissioners..
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF TREE REMOVAL
John Ayers presented estimates from Clossey Excavating to remove damaged trees from under bridges on
CR 600S in the amount of $9,800 and CR 300S in the amount of $8,800 Commissioner Wathen recommended to submit these two bills for tree removal to the Hendricks County Solid Waste for payment from the Special
Projects Fund. It was the consensus of the Commissioners to authorize the removal of the damaged trees and forward the bill to Solid Waste for consideration of payment from the Special Projects Fund. IN THE MATTER OF WORK RELEASE
John Ayers advised there is a balance remaining from the Work Release bond. There was discussion of possible uses of the balance. No decision was made at this time. IN THE MATTER OF CELL PHONES
Receipt was acknowledged of a bill from AT&T for two cell phones for the Surveyor’s Office. It was noted the only contract approved by the Commissioners for cell phones is with Sprint/Nextel. It was the consensus of the Commissioners to obtain additional information on this phone bill. Commissioner Wathen left the meeting at 1 0:45 AM. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following Correspondence:
Action needed/taken on the following:
1. Checks received and signed to the county: a. Governmental Interinsurance Exchange $582.54.00 Vehicle Damage
2. Whicker signed vehicle titles for the following: None
3. Documents needing action: a. Cincinnati Insurance Company Bond $14,275.00 Haley Hendricks Court Reporter; Hendricks Co. Superior Courts IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the March 2 to March 6, 2009 Highway report from Martin Summers,
Highway Superintendent. IN THE MATTER OF VETERANS AFFAIRS
Receipt was acknowledged of the February 2009 Veterans’ report from Lori Turpin, Veterans Affairs
Officer. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the March 2 through March 6, 2009 Human Resources report from Ron Love,
Human Resources Director. IN THE MATTER OF PLANNING
Auditor Cinda Kattau reported Planning Director Don Reitz is working with C. P. Morgan to review funding from bonds for numerous subdivisions built by C. P. Morgan in Hendricks County. Commissioner Palmer moved to adjourn the Commissioners’ meeting at 10:55 AM. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member ATTEST: ______Judith Wyeth, Deputy Auditor
March 17, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, March 17, 2009 with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer James McBryant Cypress Manor Superintendent Michael E. Graham Administrator to Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of March 10, 2009 as corrected. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Palmer moved to approve Claims #192790 thru 192804 and #192447 thru 192722, as submitted. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF BLUE HOUSE – 839 SOUTH TENNESSEE STREET
Commissioner Whicker announced that Notice to Bidders for accepting bids for the blue house, located at 839
South Tennessee Street in Danville, also known as Lot 16 in Wilson’s Addition in Danville, has been duly advertised for 9:30 AM and as it was 9:30 AM. Commissioner Wathen moved to close bids for the County property located at
839 South Tennessee Street. Commissioner Palmer seconded the motion and the motion was approved unanimously
3-0-0. John Ayers stated only one bid had been received. Mr. Ayers opened the bid and read the bid of $25,000 from Danny Rinehart. It was the consensus of the Commissioners to take this bid under advisement and bring back a decision next week. IN THE MATTER OF EXIT 59
Commissioner Whicker stated they are beginning to install the sewer lines for Exit 59. Commissioner Whicker also advised they are continuing to work on a Memorandum of Understanding (MOU) with Kite as they have a prospective client for their project at Exit 59.
John Ayers sated INDOT does not want to be a partner with the County for the wetlands mitigation at Exit
59. Mr. Ayers also stated they are looking at a process to transfer the property of the wetlands mitigation area from the Regional Sewer District to Hendricks County. Commissioner Wathen reported on the discussion of this parcel for wetlands mitigation and of the property transfer during the Regional Sewer Board meeting earlier today. IN THE MATTER OF RONALD REAGAN PARKWAY
Commissioner Wathen stated we will know next week if Hendricks County will receive federal stimulus money to build the bridge over the CSX Railroad on Ronald Reagan Parkway in Avon. John Ayers reported Senator
Evan Bayh was opposed to this project as an earmark. IN THE MATTER OF SEWERS
Commissioner Whicker announced the Regional Sewer Board would have a workshop at 1:00 PM today in the Government Center room #3 to discuss sewers for the area of I-74 and the Ronald Reagan Parkway and for
Exit 59. IN THE MATTER OF JUDICIAL CENTER
John Ayers stated the Judicial Center Advisory Committee will visit the Hamilton County and Johnson County judicial centers this week and Monroe County next week. Commissioner Palmer advised she will visit the Johnson
County and Monroe County judicial center on behalf of the Commissioners, but cannot visit the judicial center in
Hamilton County. IN THE MATTER OF JOINT MEETING
Commissioner Whicker announced the Commissioners and Council joint meeting scheduled for Thursday, March
26, 2009 at 4:00 PM in the Government Center. IN THE MATTER OF 56TH STREET
Commissioner Wathen reported he had received notice of the bond rating for the 56th reconstruction project with an A-1 and A+ rating, which are better than previous ratings. It was noted the bonds will be sold today.
John Ayers stated the utility companies have been on site relocating their utilities along 56th Street. IN THE MATTER OF WISHES TO BE HEARD
Commissioner Whicker asked if there was anyone in the audience had any Wishes to be Heard. There were none. IN THE MATTER OF ORDINANCE 2007-27
Receipt was acknowledged of March 9, 2009 letter from Tom Downard, Avon Chamber of Commerce; Walt
Duncan, Brownsburg Chamber of Commerce; Amanda Smale, Danville Chamber of Commerce; and Kent McPhail,
Plainfield Chamber of Commerce, relative to Ordinance No. 2007-27 for permits and fees for temporary food establishments. Mike Graham explained this ordinance requires a separate temporary food permit for each vendor for each farmer’s market rather than having a vendor obtaining one seasonal permit and these permits are required for those vendors who choose to provide samples of their product for tasting. He stated that understandably, the Health
Department is primarily concerned that the vendors use the appropriate sanitary procedures when providing samples of products and because each vendor who provides food samples is inspected at each farmer’s market it is logical to require a permit fee for each event. He further stated the Chambers would like to see a seasonal permit rather than individual permits, however, the only problem with providing a seasonal permit is the fees collected by the County for the inspection services will be reduced.
Kent McPhail, Plainfield Chamber of Commerce, explained due to the enforcement of this ordinance by the
Hendricks County Health Department they would be unable to maintain the summer “Farmers’ Markets”. He stated the local chambers sponsor two markets in Plainfield and one each in Avon, Brownsburg and Danville. He further stated he felt the required permit is too high and that none of the five surrounding counties require a $25 permit per event like this. Mr. McPhail stated these markets are providing a public service to provide fresh produce to the citizens of these communities during the growing season.
Krista Glick, Environmental Health Department, explained the interpretation of this ordinance and presented a revised policy with changes that the Environmental Health Department plans to take to the Hendricks County Health
Board at their next meeting on April 7, 2009 at 7:00 PM. This change would require only one permit. The revised policy presented: Policy for Permitting Temporary Food Establishments at Farmers’ Markets All food vendors at a Hendricks County farmers’ market must comply with the Indiana State Department of Health’s Retail Food Establishment Sanitation Requirements Title 410 IAC 7-24 and the Hendricks County Food Ordinance No. 2007-28.
Both Title 410 IAC 7-24 and Ordinance No. 2007-28 define a Temporary Food Establishment as “a retail food establishment that operates for a period of no more than fourteen (14) consecutive days in conjunction with a single event or celebration with the approval of the organizers of the event and celebration”. Farmers’ markets could be considered operating as a single event or celebration on non-consecutive days. Therefore, the Hendricks County Health Department could accept one permit application and fee for each food vendor at each location for that season.
In order to qualify, the food vendor must be named on a list from the Farmers’ Market Master. The list from the Farmers’ Market Master shall include the name and contact information of each food vendor, a list of foods to be served by each food vendor, and the dates the farmers market is planning to operate. A Temporary Food Establishment application and fee must be submitted for each farmers’ market location. The Temporary Food Establishment at a farmers’ market may not operate for more than fourteen (14) consecutive days and no more than thirty (30) days in one calendar year at one location. Foods served under this fee may be limited to the sampling of non-potentially hazardous foods.
If the food vendor does not qualify, a Temporary Food Establishment permit may be issued for each event of consecutive days.
Greg Steuerwald explained these changes could be adopted as a resolution by the Health Department. Commissioner
Whicker requested that the chambers be given copies of these changes. The chambers representative said the policy was good and they would support it. They thanked the Commissioners and Health Department for offering a solution to the problem. IN THE MATTER OF GORDON GRAHAM AIRPORT
Al Bennett, Indianapolis International Airport Board Member, introduced Bob Duncan, Director Indianapolis
International Airport; Susan Zellers, Indiana Airport Planning; and Brad Hamilton, Crawford, Murphy and Tilley.
Brad Hamilton presented the 20-year plan for the Gordon Graham Field to 2027. He gave a brief history of the
Gordon Graham Field, explained the operations, services available, accommodations, facilities and activities at this
Hendricks County Airport. He announced an airport informational meeting to be held on Tuesday, April 24, 2009 at the Hendricks County 4-H Fairgrounds and Conference Complex at 7:00 PM.
Al Bennett expressed appreciation to the Commissioners for their approval of changing the zoning classifications around the airport area. IN THE MATTER OF MR. AND MRS. GUS CAMPBELL
Mike Graham explained that he had been contacted by Mr. and Mrs. Gus Campbell, 8980 Watkins Lane, located on the corner of Watkins Lane and CR 900S in Liberty Township, about 0.5 mile west of SR 39. He stated they want to convert a porch into a sun room, however, the rear porch is 1.5 feet from the septic tank and the standard is
10 feet. The Health Department wants the septic tank dug up and relocated to gain the 10 foot separation standard from the house to the septic tank. He further stated he has talked to Cathy Grindstaff and she will not give a waiver of the standard. The Planning Department requires builders to submit their plans to the Health Department for review prior to issuing a building permit in order to have the cooperation and coordination between departments. Mr.
Graham explained there is nothing in the ordinances that mandates this review and gave the following options:
Options: (1.) have Mr. and Mrs. Campbell present their concerns at a Commissioners’ meeting, (2.) tell the
Campbell’s that this is an issue for the Health Department and the Commissioners will not get involved in or
(3.) ask the Planning Department to issue the permit without the Health Department’s review. Attorney Greg
Steuerwald requested to further review the ordinance. It was the consensus of the Commissioners for Greg
Steuerwald and Mike Graham to review the ordinance and report back next week. Commissioner Palmer moved to recess the Commissioners’ meeting for the Tech Board at 10:30 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker opened the Tech Board at 10:31 AM with John Parsons, Systems Administrator and Doug Morris, Webmaster, joining the meeting. IN THE MATTER OF TECH BOARD
John Parsons stated the Federal HAVA (Help America Vote Act) has exhausted their funds and have now reassigned all voting equipment, computers, software, etc. to the counties for maintenance. He explained this equipment is three years old and the County will now be responsible for all costs. Mr. Parsons stated he will convert the computers that were purchased with Federal funds over to the County network.
John Parsons presented a letter from Coroner Joe Neuman with a request for computer equipment. The letter stated
Hendricks Regional Health will provide the Coroner with office space, most furniture, file cabinets and phone service for two phone lines and a dedicated fax line, at no cost to the County. Doug Morris reported he has reviewed this list and provided information on the computer, copier and fax equipment with the cost of each item for a total of $3,025.
Mr. Morris stated he has also checked with other counties and found the majority of them were providing equipment, furniture, etc for the Coroner. It was noted the members of the Matthews’s family have served as coroner for many years and used the equipment in their funeral home so the County has been very fortunate and have not previously incurred these expenses. Commissioner Palmer moved to approve the purchase of the equipment requested by the
Coroner and authorize the computer Department to order this equipment up to $3,025. Commissioner Wathen seconded the motion and the motion was approved unanimously. The Commissioners expressed their thanks and appreciation to the Matthews Family and to Hendricks Regional Health for their assistance in providing office space and equipment for the County Corner.
John Parsons explained the State required Phase 2 field certification of software and stated both X-Soft and Low software have been certified, but it has to be certified again in actual operations. Auditor Cinda Kattau advised the
Auditor’s Office has completed their portion of the certification. John Parsons clarified IT would need to be involved in the software process and that the State was looking for a lead person. There was discussion of the possible cost of
$7,000. Doug Morris explained other counties were thinking about county IT personnel doing the certification rather than consultants. It was the consensus of the Commissioners for John Parsons and Cinda Kattau to work together on this project.
Mike Graham reported that several weeks ago John Parsons requested $9,000 for additional Assessor software for three satellite assessor offices. The primary reason for the new software is the old software was not approved by
DLGF and new software is. He stated a concern of the Commissioners was centered on if there was any cost savings when the township assessors were consolidated with the County Assessor and according to Gail Brown there has been some cost savings, but it will not be significant because the work still has to be done. Mr. Graham stated there are current township assessor salaries and leases that will be paid for through 2009. All former trustee/assessors of Eel
River, Marion, Clay, Franklin, Middle, Liberty and Union will be paid a total of $30,943 for 2009. The deputy township assessors are not being paid. At the end of the year the lease on the Lincoln Township office lease expires and the office closes with a savings of $6,900 per year. The Assessor plans to maintain satellite offices in Guilford
$1,000 per year, Brown $900 per year and Washington $8,664 per year with the Washington Township lease expiring at the end of December 2010. Assessment of new construction was through a contract with Jay Real Estate at
$21,000 per year. Ms. Brown has eliminated the contract and she has Harold Hiser and Larry Scott doing the work saving $21,000 per year. Mike Watkins the commercial appraiser has retired and he was making $41,000 plus benefits per year. Rather than hire a replacement she retained the services of the Nexus Group for commercial assessments at $22,400 per year. Mr. Graham stated in summary the Assessor is saving the County some money. She also has an obligation to pay certain salaries and leases and is primarily maintaining the 3 three satellite offices because of the need for space and the continued lease obligations. Commissioner Wathen moved to approve the request for $9,000 for additional Assessor software for three satellite assessor offices, as requested by the Assessor.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
John Parsons reported Planning Director Don Reitz has requested to add some information onto the County web page. Doug Morris explained what was included in this request and some concerns. It was the consensus of the
Commissioners for the IT Department to further study this request.
Commissioner Wathen moved to adjourn the Tech Board at 10:55 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker reconvened the Commissioners’ Meeting at 10:56 AM. IN THE MATTER OF CYPRESS MANOR
James McBryant presented a request from Center Township Trustee Judy White, to admit a young man as a resident in Cypress Manor for three months in order for him to save money to be able to be on his own. Mr.
McBryant stated this request is contingent on the individual paying $100 per month to Cypress Manor and of saving a portion of his salary. Commissioner Palmer moved to approve the individual presented as a resident to Cypress
Manor based on the recommendation of the Superintendent. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CONSERVATION CLUB DAM
John Ayers acknowledged receipt of a letter from the Department of Natural Resources (DNR) regarding re- inspection of the Conservation Club dam. He stated Banning Engineering did the original study and presented an agreement with Banning Engineering for this re-inspection of the Conservation Club dam. Commissioner Wathen moved to approve the agreement with Banning Engineering to do the re-inspection of the Conservation Club dam and authorize the President to sign the agreement. Commissioner Palmer seconded the motion and the motion was approve unanimously 3-0-0. IN THE MATTER OF BRIDGE NO. 272
John Ayers reported the Historical Railroad Bridge no. 272, located on CR 550W, that they have applied for federal funding is on the Federal list of historical bridges. He explained the requirements and options and advised that
USI has submitted the necessary information. IN THE MATTER OF GOVERNMENT CENTER
John Ayers stated the test for the new back-up generator in the Government Center worked fine with no problems.
John Ayers advised they are working with carpet representatives for replacement carpet in the Government Center and that they will need to work with the carpet after hours and weekends to make the installations in the offices as they cannot be closed during working hours. He stated it may take up to a year to complete the installation and they will specify the hours in the contract so we will not have to pay extra for this installation.
John Ayers explained they are continuing to work on window replacements in the Government Center and they should begin the replacements this spring. IN THE MATTER OF WORK RELEASE
John Ayers reported there is a balance in the work release bond and gave several options for use of these funds.
There was discussion of the alignment of the new road going back to the work release center and animal control facility. Mr. Ayers advised they are working on this alignment.
There was discussion of a name for the buildings located with the work release center, animal control and multiplex. Commissioner Wathen moved to name the facility Hendricks County East. Commissioner Palmer seconded the motion. There was discussion of this proposed name. Commissioner Wathen withdrew his motion and
Commissioner Palmer withdrew her second. Commissioner Palmer moved to name the facility the Hendricks County
Government East Campus. Commissioner Wathen seconded the motion and the motion was approved unanimously
3-0-0.
There was also discussion of the sign to be placed on Main Street in front of the work release and multiplex. It was the consensus of the Commissioners the sign should be the same style of the new sign in front of Cypress Manor.
The Commissioners requested John Ayers to design a draft sign and bring back for review. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. IDEM, Office of Water Quality, Permit Applications, Town of Brownsburg, Combined Sewer Overflow Storage Facility.
2. Cummins Behavioral Health Systems, Inc. Board of Directors Meeting, Thursday, march 19, 20909, Milestone Clubhouse, Greencastle, Indiana at 6:30 p.m. Action needed/taken on the following:
1. Checks received and signed to the county: None
2. Whicker signed vehicle titles for the following: None 3. Documents needing action: None IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the weekly Highway report form Martin Summers, Highway Superintendent.
Receipt was acknowledged of a letter from Downey Insurance, stating the February 27, 2009 employee training session at the Hendricks County Highway Garage went very well.
IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the weekly Human Resources report from Ron Love, Human Resources Director.
Commissioner Wathen moved to adjourn the Commissioners’ meeting. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member ATTEST: ______Judith Wyeth, Deputy Auditor
March 24, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, March 24, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Tyler Starkey Acting Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Don Reitz Hendricks County Planning Director Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
There were no minutes presented. IN THE MATTER OF CLAIMS
Commissioner Palmer moved to approve Claims #192986 thru 192904 and #192905 thru 192914, as advertised.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF BIDS FOR CHILLER
Commissioner Whicker stated the Notice to Bidders for the new chiller for the Courthouse was advertised for 9:30
AM and announced it was now 9:35 AM. Commissioner Palmer moved to close receipt of bids for the Courthouse chiller. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner
Whicker stated four bids had been received. John Ayers opened and read the four bids received:
Baker Mechanical $ 65,480 AMS $ 50,500 Precision Control $ 54,325 A. A. Huber and Sons $ 62,000
It was the consensus of the Commissioners to refer the four bids to staff for review and for them to bring a recommendation to the April 7, 2009 meeting. IN THE MATTER OF EXIT 59
There was no update on the potential development at either Lauth or Kite sites at Exit 59. Commissioner Wathen stated the prospective developer may make a site selection decision next week. IN THE MATTER OF RONALD REAGAN PARKWAY
There was discussion about development occurring in the area of the Ronald Reagan Parkway and I-74.
Commissioner Whicker stated the Regional Sewer District is trying to develop a strategy on providing sewers for this area and how they are paid for. The Commissioners discussed the MPO (Metropolitan Planning Organization) and if they were going to award any federal stimulus money for the Ronald Reagan Parkway from US 36 to CR
100S. John Ayers stated that because it is truly a “shovel ready” project and it complies with federal design requirements it was at the top of the list, however, when the MPO staff started reviewing the list of projects they became nervous about potentially awarding $13 million out of a total of $40 million to only one jurisdiction. The
Federal and State guidelines have been interpreted to allow for certain Pavement Maintenance activities, making the
City of Indianapolis eligible for more funding. He stated we are working with the MPO staff to try and keep the
Ronald Reagan Parkway on the recommended list of projects. The MPO was to make a determination on March 24,
2009, however, the meeting has now been changed to April 9, 2009.
John Ayers stated the current contract with USI Consultants for design of the segment of the Ronald Reagan
Parkway from US 36 to CR 100S needs to be revised for additional services required and presented a list of the increases as follows:
Avon Creek and Salem Creek Bridge plans $ 8,500.00 Sanitary Sewer Design 5,700.00 Full Road Build Out 24,800.00 Environmental Permitting 23,300.00 Wetland Delineation 8,250.00 Geotechnical Fee (reduction) - (12,977.93) Direct Costs (additional 400.00 For a total fee increase $ 57,972.07 Original fee 426,812.10 Supplemental #1 5,500.00 Total Revised Fee $ 490,284.17
John Ayers explained the design contract for this segment is funded by a Congressional Earmark, and 80% will be paid by Federal Funds and our innovative financing credits paying the remaining 20%, therefore, there should be no direct cost to the County. He further advised if this request is approved, he will then submit it to INDOT for their approval of the changes. Commissioner Wathen moved to approve the fee increase of $57,972.07 with USI
Consultants for the Ronald Reagan Parkway from US 36 to CR 100S, as presented. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF JUDICIAL CENTER
John Ayers advised the Judicial Center Advisory Committee visited the judicial centers in Johnson County and
Hamilton County this week and will visit Monroe County on March 26, 2009. IN THE MATTER OF WISHES TO BE HEARD – CONNECTION CHRISTIAN CHURCH
Fred Prazeau, Context Landscape Architecture and Jason Callis, Facilities Director Connection Pointe, came forward to request approval of an Interlocal Agreement Between the Board of Commissioners of Hendricks County,
Indiana and the Town Council of Brownsburg, Indiana that will relinquish planning and zoning authority at 1800
North Green Street, Brownsburg, Indiana, to allow the Connection Christian Church to expand their parking lot into the County’s planning jurisdiction without annexation. They presented the March 17, 2009 letter from James L.
Waggoner, Brownsburg Town Manager, including an interlocal agreement for Connection Pointe Christian Church that was approved on March 12, 2009 by the Brownsburg Town Council. They stated the majority of the church property is in the Town of Brownsburg, but the area to expand the parking lot is still in the County jurisdiction and due to the 2009 census there is a ban on annexations for 2009. They stated that after the census is completed the property will be annexed into the town. The Interlocal Agreement states that annexation will occur on or before
February 2, 2010. Mike Graham stated County Planning Director Don Reitz has looked at the proposal and he and his staff has no objections to this request. Commissioner Wathen moved to approve and execute the Interlocal
Agreement with the Town of Brownsburg relinquishing planning and zoning authority at 1800 North Green Street,
Brownsburg for the Connection Christian Church to expand their parking lot. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF A CITIZEN MAKING A DIFFERENCE
Commissioner Palmer, on behalf of the Incentive Committee, recognized James Graham, Brownsburg, as a Citizen
Making a Difference. She presented a certification of recognition recognizing the many contributions Jim Graham has made to the community and to other countries through Rotary’s effort to save children in many countries.
Commissioner Palmer also acknowledged a recent article in the Indianapolis Star Metro West recognizing Jim
Graham for his community service. Mr. Graham and his wife recently brought a family with a critically ill child to stay in their home while the child underwent lifesaving surgery in an Indianapolis hospital. Commissioner Palmer presented a certificate to Mr. Graham and stated an engraved name plate will be placed on the “Citizens Making a
Difference in Hendricks County’ wall plaque in the Government Center and thanked him for his service to Hendricks
County and around the world. IN THE MATTER OF B&O TRAIL ASSOCIATION – RUN/WALK
Joshua Brewster, B&O Trail Association presented a revised route for their proposed run/walk on Saturday,
September 12, 2009 from 8:00 - 10:00 AM for the B&O Trail Association. He explained the required closures that have been requested and stated a portion of the proposed route is within the jurisdiction of the Town of Avon. He presented a memo from Tom Klein, Avon Town Manager, stating Chief Jack Miller is OK with the closure of the
Ronald Reagan Parkway, however, it will require formal approval of the Avon Town Council. Mr. Brewster also advised he has talked with representatives of O’Reilly Raceway Park regarding their schedule and there is no conflict with their activities. Commissioner Palmer moved to approve the revised route for the B&O Trail Association run/walk on Saturday, September 12, 2009, as presented. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF HENDRICKS COLLEGE NETWORK
Cathy Bastin, Director Hendricks College Network, gave a brief update of the College Network activities and distributed several informative brochures including the College and Career Fair that was held at the Hendricks County
4-H Fairgrounds and Conference Complex on March 10, 2009. Ms. Bastin also advised there is a reduction in funding from Purdue University and that additional funding will need to be found. IN THE MATTER OF ORDINANCE NO. 2009-06 ZA 394-09: NEW WINCHESTER PROPERTIES
Don Reitz presented ZA394-09: New Winchester Properties, LLC, requesting a zoning amendment change from
NE/Neighborhood Business District to L/Light Industrial District, 4.88 acres, Marion Township, located at the northeast corner of US Highway 36 West and SR 75. He distributed maps and aerial photos of this property and explained this would be used for a proposed retail propane business. Mr. Reitz stated the Plan Commission held a public hearing for this request on March 10, 2009 and sends with a favorable recommendation of 6-0-0.
Commissioner Palmer moved to approve ZA 394-09: New Winchester Properties, as Ordinance No. 2009-06, as recommended by the Plan Commission. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF ORDINANCE NO. 2009-07 ZA 395-09 WEST CENTRAL INDIANA PLUMBING, INC.
Don Reitz presented ZA-395/09: West Central Indiana Plumbing, Inc. requesting a zoning change from
AGR/Agriculture – Residential District to GB/General Business District 1.55 acres, Center Township, located on the north side of SR 236, approximately 0.50 miles west of CR 200W. He presented an aerial photo of this property and explained this building would be used by Justin Dorsey, West Central Indiana Plumbing Inc., for storage of plumbing supplies and equipment. Mr. Reitz stated the Plan Commission held a public hearing for this request on March 10,
2009 and sends with a favorable recommendation of 6-0-0. Commissioner Palmer moved to approve ZA 395-09:
West Central Indiana Plumbing, Inc. as Ordinance No. 2009-07, as recommended by the Plan Commission.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF LINK
Receipt was acknowledged of the March 6, 2009 Notification of Deobligation of Unspent Federal Transit
Administration Funds from INDOT. It was noted these funds are in the amount of $18,010 and that Beth Ann Leach,
Director Senior Services, had verified to the Commissioners’ staff these were unspent funds that had been granted to
LINK Hendricks County and she recommended execution of the Deobligation form. Commissioner Wathen moved to acknowledge the notification of Deobligation of unspent federal transit administration funds in the amount of
$18,010 and authorize the President to sign the document, on behalf of the Commissioners. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF BRIDGE NO. 272
John Ayers stated we have received a fee proposal for the Federal Aid replacement of Bridge No. 272, located on
CR 550W. He stated because of the unknowns associated with this bridge’s status on the INDOT Historic Bridge
List, he felt it was appropriate to only take the plans through the Structure Size and Type phase, in the event that
INDOT denies the replacement of the bridge. He presented the fee list as follows:
Survey $ 14,000 Alternative Alignment Studies and SS&T Analysis 39,700 Environmental Study – Categorical Exclusion 15,800 Section 106 (Historic) Consultation 16,200 TOTAL $ 85,700
Mr. Ayers further explained the only fee that is different from normal bridge designs is the Section 106: Consultation
Fee. He also stated depending on which list we can get this bridge placed on, this fee could be reduced significantly.
If this is approved for replacement, we will then negotiate the final design, right-of-way, and geotechnical fees. The construction is programmed for 80% Federal Funding, but the design will be 100% local and we will fund this project in the Cumulative Bridge Fund budget. Commissioner Wathen moved to approve the fee list for Bridge No. 272, as presented by the County Engineer. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF BLUE HOUSE - 839 S. TENNESSEE STREET, DANVILLE
John Ayers reported the only bid received last week for the County owned blue house, located at 839 S. Tennessee
Street in Danville was from Danny Rinehart in the amount of $25,000. He stated this property has been advertised two separate times and this is the highest bid we have received and recommended to accept this bid. Commissioner
Wathen moved to accept the bid of $25,000 from Danny Rinehart for the County property located at 839 S. Tennessee
Street in Danville, as the lowest, most responsive and responsible bid received. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EMERGENCY MANAGEMENT
Receipt was acknowledged of the 2008 Homeland Security Grant Program Sub-Grant Agreement EDS# C44P-9-
641A in the amount of $16,565.98. This sub-grant is an annual grant from the US Department of Homeland Security,
Federal Emergency Management Agency, Fiscal Year 2008 EMPG Grant program. Commissioner Palmer moved to approve and execute the Homeland Security Sub-Grant in the amount of $16,656.98, as presented. Commissioner
Wathen seconded the motion and the motion was approved unanimously 3-0-0.
Mike Graham stated he had tentatively set up a conference call for one or more Commissioners to participate in a Homeland Security conference at 11:00 a.m. today. Dave Warren, Emergency Management Director, will also be present to participate in the conference call. Mr. Graham stated Homeland Security is trying to re-organize using districts and they wanted to see two levels of participation established; a policy board made up of elected officials and a tech board made-up of Homeland Security people like Dave Warren. The formation of these districts has not been warmly received by local officials. ------Commissioner Wathen left the meeting at 11:00 AM to participate with Dave Warren, Emergency Management Director, on a conference call regarding the establishment of district administer homeland security activities and grant. IN THE MATTER OF HEALTHY FAMILIES – SHELTERING WINGS
Receipt was acknowledged of an email form Julie Richards, Director Healthy Families, advising that April is
Prevent Child Abuse Awareness month and requested to place blue pinwheels and a sign on the Courthouse lawn.
Mike Graham explained that Healthy Families Hendricks County, Sheltering Wings, Community Partners for Child
Safety and Hendricks County’s Child Protective Services are seeking approval to place blue pinwheels on a 3 ft. X 2 ft. sign on the front lawn of the Courthouse during the month of April to promote awareness of child abuse. These pinwheels will represent each brave community member who reported child abuse and each child who was helped by those reports. Commissioner Palmer moved to approve the request to place a sign on the Courthouse lawn in observance of Child Abuse Awareness month, subject to the review of the sign’s contents. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0. IN THE MATTER OF CARTERSBURG - SEWERS
Mike Graham advised that with the help of Webb Bernhardt, American Structurepoint, Inc., he has submitted a request for a $2 million grant for Cartersburg to Congressman Buyer. He stated if we receive this grant we may have to pay half the amount of the sewer project, which is roughly $2 million, however, he had submitted the full amount of the project on the recommendation of Buyer’s staff. Mr. Graham further stated with the stimulus money going to the various agencies they are speculating that some grants will be for the full amount and if we do not receive the full amount there is a possibility of getting a loan from Rural Development. He requested to draft a letter of support from the Commissioners to Congressman Buyer regarding this project with the Commissioners authorization to have Mr. Whicker sign the letter and stated the letter needs to be submitted before the end of the month.
Commissioner Palmer moved to approve Mike Graham to draft a letter of support to Congressman Buyer for a grant for Cartersburg sewers and authorize the President to sign the letter on behalf of the Commissioners. Commissioner
Whicker seconded the motion and the motion was approved unanimously 2-0-0. IN THE MATTER OF ANIMAL CONTROL
Mike Graham announced that Mary Ann, Lewis, Chief Animal Control Officer, is planning a ‘pet adoptathon for May 2 and May 3, 2009 on the grounds of the Animal Control facility to correspond with a national weekend adoption program. Ms. Lewis is interested in doing some advertising on WEMS to promote this event at a cost of
$3,000 - $ 4,000. He reported Ms. Lewis would pay for this advertising out of the Donation Fund and the donation policy states that any expense over $2,000 needs Commissioners’ approval and Ms. Lewis is requesting approval for funding this promotion. There was discussion of this request. Commissioner Whicker moved to approve up to
$2,500 to be spent out of the Donation Fund for advertising of this event. Commissioner Palmer seconded the motion and the motion was approved unanimously 2-0-0. ------Commissioner Wathen returned to the meeting at 11:25 A.M. IN THE MATTER OF WATER CONSERVATION IN DROUGHT CONDITIONS
Mike Graham stated the City of Indianapolis has passed a water conservation ordinance that restricts water usage during drought conditions. He stated that since the Indianapolis Water Company/ Veolia Water provides water service to communities outside of Marion County, including Hendricks County, the Indianapolis Water Co./ Veolia
Water would like to see a conservation ordinance adopted by the Hendricks County Commissioners. In Indianapolis, the ordinance is enforced by their Code Compliance Division (zoning inspector) with their planning department.
However, in other types of local government the employees could enforce the ordinance provided they are given the authority to write tickets. Mr. Graham explained that when people violate the terms of the ordinance they pay fines. He further advised that Jo Lynn Garing, Director of Communications for the Indy Water Co., would like to give a presentation on the water conservation problem and the development of a water conservation ordinance. There was discussion of the merits of adopting a water conservation ordinance in case of drought conditions as the
Indianapolis Water Company is requesting of the surrounding suburban counties that receive Indianapolis/Veolia
Water. It was the consensus of the Commissioners to have a 15 minute presentation on April 14, 2009 from the
Director of Communications from Indianapolis Water Works. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker stated there was no correspondence received to report.
IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the weekly Highway report from Martin Summers, Highway Superintendent.
Commissioner Wathen moved to adjourn the Commissioners’ meeting. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member ATTEST: ______Judith Wyeth, Deputy Auditor
March 26, 2009
The Hendricks County Board of Commissioners and County Council met in a joint session on Thursday, March 26, 2009 at 4:05 PM in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Larry Hesson ) Phyllis A. Palmer ) Hendricks County Commissioners Nancy Johnson ) Council Eric L. Wathen ) Brad Whicker ) Nathaniel Woods ) Cinda Kattau Hendricks County Auditor Michael Graham Administrator to Commissioners John Ayers Hendricks County Engineer
NOTE: Council Members Myron Anderson, Jay Puckett and Richard Thompson did not attend this meeting.
David Whicker opened the Commissioners’ Meeting with a quorum of all three Commissioners present.
Larry Hesson opened the Council Meeting with a quorum of four Council members present.
David Whicker led the Pledge to the Flag in unison.
Eric Wathen moved to approve the minutes of the February 12, 2009 Joint Meeting, as corrected. Nancy Johnson seconded the motion and the motion was approved 7-0-0.
John Ayers, County Engineer, gave an update on the Judicial Advisory Committee. He stated they had toured judicial centers in Hamilton County last week, Bloomington today, and planned on touring Greensburg’s soon. Mike
Graham stated that Hamilton County’s Judicial Center was well designed.
David Whicker remarked that discussions were continuing with the Town of Danville for future judicial needs.
Eric Wathen reported that sewers were going in at Exit 59 and the Commissioners were working on a
Memorandum of Understanding (MOU) with Kite. He also stated he believed that a potential employer would soon be making a decision on whether to locate near Exit 59 or Ohio.
Greg Guerrettaz, President of Financial Solutions Group, reported that he was continuing work on the financing of the Exit 59 sewer project along with Bruce Donaldson of Barnes & Thornburg and Lauth Group.
Greg Guerrettaz said that many members of the County Commissioners and County Council had seen the first draft of the 2009 Sustainability Analysis. Eric Wathen mentioned that it was helpful to have this document for the ratings trip. Mr. Guerrettaz stated that both Moody’s and Standard & Poor’s ratings agencies gave an upgrade from the last transportation revenue bonds. The bonds were sold on March 17, 2009 with the winning bid going to
Hilliard-Lyons with a net interest rate of 5.6529 %.
Commissioner Wathen remarked that even though Hendricks County’s level of school debt is one of the highest in the nation, the County still received ratings upgrades and although the school debt penalizes the county, it was obvious that debt at the County level was being well managed.
Mr. Guerrettaz spoke briefly about the Final Sources and Uses of Funds, stating that the goal was to minimize the use of Economic Development Income Tax funds. He stated the 56th Street Project bond proceeds would be used first, followed by Cumulative Bridge and Wheel Tax appropriations. The last source of revenue for the project would be EDIT funds.
Greg Guerrettaz handed out a sheet detailing items he had requested to review the Sheriff’s Pension Plan. He reported that as of March 24, 2009 he had received all of the requested information. He has a lot of printed material to review, which he expects will be time-consuming.
Commissioner Wathen reported on the possibility of receiving stimulus money and stated our MPO should be receiving $40 million for distribution and only $20 million were eligible projects. Now, the MPO may change the eligibility definitions. Mr. Wathen stated that $80 million distributed over all Indiana counties wouldn’t go very far, but Hendricks County was doing everything possible to keep the Ronald Reagan Parkway project on the list.
Engineer John Ayers reported that the design work was nearly complete for the portion from County Road 300N to the Interchange and they were ready to acquire right-of-way.
Mike Graham said the Insurance Committee has received a proposal from Novia Care Clinics. He is in the process of scheduling a tour of Brownsburg School’s clinic. He will ask Danville Schools if they would like to join us on the tour. Council President Hesson stated that the recent workshop was very informative and he still had positive feelings about the concept. President Hesson asked if both the Commissioners and Council should be considering the clinic option. Commissioner Palmer expressed her desire for both bodies to work together. Mike Graham stated that no official action would be required before the next joint meeting.
Judge Lemay-Luken had obtained Council approval to hire a replacement for a recently vacated position. Concern was expressed that Council’s meeting schedule may not allow a timely decision for others in the same situation. It was agreed that Mike Graham, Ron Love, and Larry Hesson would meet and discuss the need for replacements in the event that time was an issue. Mike Graham asked for clarification from the County Council. It was agreed the
Council wished to respond to completed questionnaires on a case-by-case basis and it would be difficult to develop hard and fast rules. David Whicker stated that according to the February 12, 2009 minutes there would be no hiring and suggested that the policy be amended.
Washington Township Assessor Harold Hiser asked what the impact of property tax caps would be on the bond ratings. Mr. Guerrettaz said it was heavily discussed with the ratings agencies and he had used a 30% increase in the sustainability analysis. He reminded everyone that the circuit breaker impact did not affect debt funds as they must be paid first.
Steve Eisenbarth, a current member of Leadership Hendricks County and an Avon resident, wondered about the latest news on stimulus money and if road maintenance was the intended use? He stated that chip and seal doesn’t cut it and that he was not ready for our projects to die on the vine. Mr. Eisenbarth asked if there was any way for county officials to apply pressure. Engineer John Ayers agreed with Mr. Eisenbarth and said he felt the stimulus money would be better spent on capital projects instead of maintenance but it would be up to the MPO to interpret how the federal stimulus money should be spent. Commissioner Wathen expressed the same frustrations and assured the audience that county officials would not just give up.
Councilor Nancy Johnson asked the status of property tax billing for 2009. Auditor Kattau stated that the County
Assessor intended to submit ratio studies to the state any day and tax statements would hopefully be mailed by the first week of August with September 10,, 2009 and November 10, 2009 due dates.
The next joint meeting was scheduled for May 14,, 2009 at 4 p.m.
There being no further business, Larry Hesson moved to adjourn and Nathaniel Woods seconded the motion. The meeting adjourned at 5:00 PM with a vote of 7-0-0.
______David A. Whicker, President Larry Hesson, President
______Phyllis Palmer, Vice President Dick Thompson, Vice President
______Eric Wathen, Member Myron Anderson, Member
______Cinda Kattau, Auditor Nathaniel Woods, Member
______Judith Wyeth, Deputy Auditor Brad Whicker, Member
______Nancy G. Johnson, Member
______Jay Puckett, Member **********************************************************************************************
April 7, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, April 7, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of March 17, 2009, as corrected. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Commissioner Wathen moved to approve the minutes of March 24, 2009, as corrected. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #192968 thru192976, #192988 thru192997, #193353 thru
193374, #192998 thru 193329, #193175 thru 193391, #092615 thru 092759 and direct deposit #047407 thru 047808 as advertised. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Whicker announced Valenti-Held has started construction of the sewers at Exit 59 and that some pipe is now in the ground.
Commissioner Wathen stated we should know very soon if the prospective developer for Exit 59 has decided to develop here in Hendricks County or in Ohio.
Commissioner Wathen stated there will be discussion of the Kite Memorandum of Understanding (MOU) for Exit
59, and other economic development issues at Exit 59 and the Ronald Reagan Parkway during the workshop at 11:30
AM today.
John Ayers questioned the transfer of property between Hendricks County and the Regional Sewer District for the wetlands mitigation. The Commissioners requested Mr. Ayers to check with Attorney Greg Steuerwald on the transfer of this parcel.
John Ayers reported that Lauth Developers have started the final paving the interior road on their property at Exit
59 and are doing some erosion control work. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers advised he will meet with representative from the Metropolitan Planning Organization (MPO) on
Thursday, April 9, 2009 to discuss the Federal stimulus money.
Commissioner Whicker stated there continues to be interest from developers for proposed projects on Ronald
Reagan Parkway and I-74.
John Ayers presented, for execution by the Commissioners, the Title Sheet for INDOT for the portion of the
Ronald Reagan Parkway from US 36 and CR 100S.
Receipt was acknowledged of the March 15, 2009 Appian Report for activities pertaining to the Ronald Reagan
Parkway. IN THE MATTER OF JUDICIAL STUDY
John Ayers stated the Judicial Study Advisory Committee made their third site visit to the Decatur County judicial center in Greensburg Indiana last week and further advised they will have their next Advisory Committee meeting on
Thursday, April 9, 2009 at 7:00 PM. Steve Craney, Banning Engineering, stated the tours of the existing judicial center/facilities were all good as they offered a variety of concepts and structures. Hr also stated the Committee will tour the Hendricks County Courthouse before their meeting on Thursday. Mr. Craney stated the National State
Courts Association will do an analysis of our existing court system. IN THE MATTER OF JIM AND NANCY ENGLISH – NOISE ORDINANCE
Jim and Nancy English, 3491 E CR 350S in Liberty Township, came forward to request enforcement of the noise ordinance, Ordinance No. 2000-31, regarding firearms being discharged in their residential neighborhood for noise and safety issues. Mr. English explained they had contacted the Sheriff’s Department and were advised that they were unable to enforce the ordinance. It was the consensus of the Commissioners to check and see if this ordinance had been rescinded and how it may be enforced. They also advised Mr. and Mrs. English this could be a civil matter and they may need to contact an attorney. IN THE MATTER OF HOMELAND SECURITY QUESTIONNAIRE
Dan Smith, 10915 N CR 550E, Pittsboro, stated he is employed by the Washington Township Fire Department and is taking a continuing education class that requires a research paper. His research paper is on developing an emergency plan using multiple public safety agencies and the proposed consolidation of townships into the
County. Mr. Smith requested to conduct an on line survey on consolidation and to send this questionnaire to County employees and elected officials in both the towns and County Government. Commissioner Palmer clarified this online survey/questionnaire would be stated this is a voluntary program. Commissioner Palmer moved to approve the request of Mr. Smith to send a survey to Hendricks County employees to help with understanding the effects of any future consolidation on first responders. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF HENDRICKS COUNTY CONVENTION AND VISITOR’S BUREAU
Emory Lencke, Executive Director Hendricks County Convention and Visitor’s Bureau, presented their annual report for 2008 and explained how they had been affected by the economy. Mr. Lencke advised two new hotels are currently under construction in Hendricks County with a Best Western in Plainfield, at the former site of a Wendy’s, and of a Fairfield Inn and Suites located near the Walmart in Avon. Both of these hotels plan to open this summer and will add 160 – 180 new rooms in Hendricks County. He also advised a La Quinta hotel has plans to start construction this summer in Plainfield with opening later this year. Mr. Lencke stated the Innkeeper’s Tax in
Hendricks County is 8%, however, the room rates in Hendricks County are lower than room rates in any of the other donut counties. IN THE MATTER OF WHEEL TAX BONDS
Bruce Donaldson, Barnes & Thornburg, advised they took bids for the Wheel Tax Bonds, Hendricks County,
Indiana Transportation Revenue Bond, for reconstruction of 56th Street (CR 600S) and received bids from City
Securities Corporation and J. J. B. Hilllard, W. L. Lyons, LLC, with Hilllard being the lowest bid received. They plan to have the closing for these bonds on April 8, 2009. Mr. Donaldson recommended accepting the sale of the bonds and executing the documents that were previously emailed to the Commissioners for their review and further stated these documents have been reviewed by County Attorney Greg Steuerwald. He also stated the rating for
Hendricks County had been upgraded and attributed this upgrade to the very successful rating trip of several elected officials to Chicago this spring. Commissioner Wathen moved to accept the sale of the Wheel Tax Bonds for reconstruction/improvements of 56th Street and to execute the documents, as presented. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF MULTI-HAZARD MITIGATION PLAN
Mike Graham explained the Federal Disaster Mitigation Act of 2000 requires each community to develop a Multi-
Hazard Mitigation Plan and stated for several months, a group of staff members from the County and the Towns have worked with a consultant, Christopher B. Burke Engineering, to develop a Hendricks County plan. He stated the plan maintenance requires this planning group on an annual basis to monitor, evaluate, and update the plan and the Federal
Emergency Management Agency requires the County to resubmit the plan every five years. Mr. Graham advised this is the first plan put together for Hendricks County, the planning group has finished their work and a draft plan has been completed. He presented a copy of the executive summary and stated the current speculation is that the
Commissioners will be asked to adopt the plan sometime around July 4, 2009. It was the consensus of the
Commissioners to review this report. IN THE MATTER OF ENGINEERING – VEHICLE
Mike Graham stated John Ayers current vehicle, a 2002 Ford Explorer with 98,000 miles is falling apart as he has just received an estimate from Indy Tire in the amount of $1,639.26 for repairs. Mr. Graham requested the
Commissioners to authorize the expenditure of $23,800 to purchase an in-stock Dodge Durango SUV. Commissioner
Wathen moved to purchase a new Dodge Durango SUV for the County Engineer for $23,800. Commissioner
Whicker seconded the motion. Commissioner Palmer stated she would vote for this replacement vehicle, but it would be the last one she would vote for until the Fleet Committee meets. The motion was approved unanimously 3-0-0. It was the consensus of the Commissioners for Commissioner Palmer and Mike Graham to set up a meeting of the Fleet
Committee. IN THE MATTER OF WORKSHOP
Mike Graham stated there are two important items that need to be discussed at the 11:30 AM workshop today.
The first item is to discuss the Memorandum of Understanding (MOU) with Kite and stressed a principle established by the Commissioners was to not allow Kite to use all the TIF revenue and to leave some tax revenue for the other taxing units. The percentage of how much money would be dedicated to help pay for the Kite infrastructure improvements is either 80% or 90% of TIF revenues and emphasized that Kite wants the 90%. The second item is the question of whether or not some of the EDIT funds should be used to pay for installation of sewers along the Ronald
Reagan Parkway. Greg Guerrettaz, Financial Solutions Group, has stated that it would truly be an appropriate use for the EDIT funds to help pay for sewers because it would directly stimulate economic development in the County. It was noted the workshop had been duly advertised on the regular Commissioners’ meeting agenda. IN THE MATTER OF ANIMAL CONTROL
Mike Graham stated Mary Ann Lewis, Chief Animal Control officer, has a potential challenge with the Humane
Society as the adoption rates on Saturdays have been low. The Center has been open on four Saturdays with only three adoptions. He presented the March 18, 2009 letter from Mark Vickery, President Hendricks County Humane
Society making an offer of providing free spay/neuter surgery and two vaccinations for all pets adopted on Saturdays, however, Ms. Lewis has stated there are some problems with the Humane Society’s offer. Sometimes when spay/neuter surgeries take place there may be complications with additional charges and the question becomes who pays the difference. Also, when the fee is no longer free the customer is going to come back to Animal Control because the information about the free spay/neuter will be distributed at the animal control facility. Mr. Graham stated Ms. Lewis feels the offer should be extended to all adoptions regardless of the day of the week. There was discussion of the offer from the Humane Society. It was the consensus of the Commissioners for Ms. Lewis, as Chief
Animal Control Officer, to work out this matter with the Humane Society. Commissioner Wathen moved to recess the Commissioners’ meeting at 10:30 AM for the Tech Board. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker opened the Tech Board at 10:31 AM IN THE MATTER OF TECH BOARD
Commissioner Whicker announced that Systems Administrator, John Parsons, had stated there was nothing to bring before the Tech Board this morning.
Commissioner Palmer moved to adjourn the Tech Board at 10:32 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker reconvened the Commissioners’ meeting at 10:33 AM. IN THE MATTER OF GOVERNMENT CENTER AND COURTHOUSE – LANDSCAPE
Receipt was acknowledged of a request from Elvin Cassity, Custodial Superintendent, to purchase mulch to use in landscaping around the various County buildings. It was noted that last year $1,700 was approved to do the
Courthouse and Government Center and this year Mr. Cassity is asking to also mulch around the buildings located at the Hendricks County Government East Campus. In previous years this was funded from the Special Contracts line in the Commissioners’ budget. There was discussion of the buildings to landscape at the Government East Campus.
Commissioner Palmer moved to authorize Mr. Cassity to purchase mulch to landscape the Courthouse, Government
Center and the Hendricks County Government East Campus. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF FURNITURE
Receipt was acknowledged of a request from Debbie Weddle, Clerk’s Office, to purchase one of the old chairs that were recently replaced in the Clerk’s Office. It was the consensus of the Commissioners for John Ayers to check the condition of these chairs and report back if they have any value. IN THE MATTER OF HENDRICKS COUNTY GOVERNMENT EAST CAMPUS ROAD
John Ayers presented a proposed alignment for the new road at the Hendricks County Government East Campus and requested to move forward to establish this new road and explained it will provide access to the work release center and the animal control facility and will align with Terry Kirtley Drive, located on the north side of Main Street.
Mr. Ayers advised this road can be funded from the bond balance and Cum Cap. Mike Graham stated we need to make plans for alternate storage for the items currently stored in the Expo Hall. Commissioner Wathen requested a comparison of concrete and asphalt be made for this road. Commissioner Palmer moved to approve and move forward with the new road at the Hendricks County Government East Campus. Commissioner Whicker seconded the motion and the motion was approved unanimously 3-0-0. The Commissioners requested John Ayers to talk with
Sheriff Galloway regarding the items they have stored in the Expo Hall.
John Ayers presented an agreement with United Consulting in the amount of $220,000 for design of the new road at the Hendricks County Government East Campus. Steve Craney, Banning Engineering, requested for Banning
Engineering to be considered as a part of the engineering design. Commissioner Palmer moved to approve the agreement for design fee with United Consulting in the amount of $220,000, for the new road at Hendricks County
Government East Campus, as presented by the County Engineer. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF GOVERNMENT CENTER - CARPET REPLACEMENT
John Ayers presented a Notice to Bidders for carpet replacement in the Government Center and requested to advertise for a bid opening on May 5, 2009. Commissioner Wathen moved to advertise the Notice to Bidders for replacement carpet in the Government Center for bid opening on May 5, 2009, as requested by the County Engineer.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
John Ayers stated the carpet replacement is on the agenda for the Wage Committee Hearing on April 13, 2009. IN THE MATTER OF CONSERVATION CLUB DAM
John Ayers presented the draft report from Banning Engineering for reconstruction of the Conservation Club dam.
It was the consensus of the Commissioners to review this document and bring back at a later date. IN THE MATTER OF COURTHOUSE - CHILLER
John Ayers reported the bids received for the chiller at the Courthouse at the previous meeting had been reviewed and AMS was the lowest bid, however, they have now advised they have a chiller in stock that is larger than the one in the bid and have advised they can install this larger chiller much quicker for a increased amount than originally stated. Attorney Greg Steuerwald reviewed the change and advised it would be a few hundred dollars more. Mr.
Ayers advised having this chiller installed quicker would be more timely due to the upcoming summer season. It was the consensus of the Commissioners for John Ayers to talk to representatives of AMS and request them to lower the price on the larger chiller and bring back to the next meeting. IN THE MATTER OF COURTHOUSE - DOORS
John Ayers reported they are having problems with the exterior doors at the Courthouse completely closing, which is leaving the building unsecured. He stated they are looking at either changing the hardware on the exterior doors or changing the exterior doors. There was discussion of the security procedures at the Courthouse and of the discussion the Commissioners have had with Sheriff Galloway on the security issues. There was also discussion of replacing the existing locks with card access. John Ayers will check on this matter and report back. IN THE MATTER OF REX PIPELINE
John Ayers advised that Rex Pipeline is working on pipe line installation in Hendricks County and that some
County roads have been damaged during the installation. He further advised he plans to talk with Rex Pipeline on repair of these roads. IN THE MATTER OF TILDEN TERRACE
John Ayers stated the Tilden Terrace Drainage Project is listed on the agenda for the Wage Committee Hearing scheduled for Monday, April 13, 2009 and they will then be ready to start this project to resolve drainage problems in this area. IN THE MATTER OF GENE AND JAN WIGGAM
Receipt was acknowledged of a letter from Gene and Jan Wiggam regarding CR 450 N road repairs. It was the consensus of the Commissioners to refer this letter to John Ayers, County Engineer, and Martin Summers, Highway
Superintendent, to review and resolve. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. IDEM, Solid Waste Permits Section, Insignificant Modification Proposal, Twin Bridges Recycling and Disposal Facility, Danville, IN. 2. IDEM, Solid Waste Permits Section, Public Notice for CAFO NPDES Permit Renewals in Adams County, Indiana. 3. Cummins Behavioral Health Systems, Inc., Board of Directors Annual Planning Retreat, Nashville, IN, April 3-4, 2009, Brown County Inn, Nashville, IN. 4. IDEM, Office of Water Quality, Facility Construction Section has received a sewer permit application from Mr. Carlos Pedrazza, SEACORP for the Koger subdivision in Stilesville, IN IDEM, Office of Air Quality, permits Branch, Notice of Approval-Effective immediately for Milestone Contractors, LP
Action needed/taken on the following:
1. Checks received and signed to the county: None
2. Whicker signed vehicle titles for the following: None
3. Documents needing action: None IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the March 30, to April 3, 2009 Highway report from Martin Summer, Highway
Superintendent. IN THE MATTER OF LINCOLN TOWNSHIP - GUIDELINES
Receipt was acknowledged of the 2009 Gross Income Guidelines for Lincoln Township, from Donovan Peoples,
Trustee. IN THE MATTER OF WEIGHTS AND MEASURES
Receipt was acknowledged o the March 15, 2009 monthly Weights and Measures report from Charles Colbert,
Inspector. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the March 23 through March 27, 2009 Human Resources report from Ron Love,
Human Resources Director. IN THE MATTER OF BLOOD DRAW
Commissioner Whicker acknowledged twelve employees stepped up to give blood and ten were accepted during the quarterly employee blood draw on Thursday, April 2, 2009 at the Government Center south parking lot. IN THE MATTER OF COURT INTERPRETER GRANT
Receipt was acknowledged of a copy of letter from Judge David H. Coleman Superior Court 2, to Chief Justice of the Indiana Supreme Court, Randall T. Shepard, with “Application for Court Interpreter Grant”. IN THE MATTER OF ORA ADAMS HOUSE
Receipt was acknowledged of the March 17, 2009 letter from DNR regarding application of the Ora Adams House, located at 301-303 E. Main Street, Danville, to the National Register of Historic Places. IN THE MATTER OF ENVIRONMENTAL HEALTH
Receipt was acknowledged of a letter delivered by Cathy Grindstaff, Director Environmental Health from
Toastmasters International recognizing her employee, Ginger Vargas, Environmental Health, for successfully completing the first section of the Toastmasters International communication program. This is a continuing education program that Ginger is working on during her own time.
Commissioner Wathen moved to adjourn the Commissioners’ meeting at 11:10 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
April 14, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, April 14, 2009, with a quorum of two (2) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Tyler Starkey Hendricks County Acting Attorney Cinda Kattau Hendricks County Auditor Cindy Spence Hendricks County clerk John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Dr. David Hadley Hendricks County Health Director Monica Smith Hendricks County Director of Health Nursing Judith Wyeth Secretary to the Commissioners NOTE: Commissioner Wathen was making a presentation at Purdue University and arrived at the meeting at 11:05 AM. Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Palmer moved to approve the minutes of April 7, 2009 as corrected. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0. IN THE MATTER OF CLAIMS
Commissioner Palmer moved to approve Claims #193501 thru 193514, #193515 thru193822, #092760 thru
092896 and direct deposit #047809 thru 048190, as presented. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0. IN THE MATTER OF EXIT 59
Mike Graham reported he contacted the Kite representatives relative to their Exit 59 project and advised them the
Commissioners would agree to allow the EDU fees to be assessed on each project and not up front, agreed to delay some CR 1000S improvements to the second phase and reduce the initial fire department contribution to $600,000.
He further advised that the Kite representatives appreciated the reduction and agreed to the 80% - 20% concept, but countered by asking for the bonds to be 25 years rather than 20 years. The County’s financial advisor, Greg
Guerrettaz (FSG), has advised because there is so much speculation associated with a TIF that it is prudent to hold the bonds to 20 years. It was the consensus of the Commissioners to add discussion about the length of the bonds for the Kite MOU to the April 21, 2009 agenda.
Mike Graham advised of the complications for the permit approval for the Love’s Truck Stop at Exit 59 from
IDEM and advised he will check further with IDEM to determine if the Love’s Truck Stop plans are acceptable.
John Ayers stated the Planning Staff has the review of Love’s Truck Stop scheduled for the Administrative
Committee on Wednesday, April 15, 2009. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers advised the Tech and Policy Boards to the Metropolitan Planning Organization (MPO) met last week and approved the initial funding for the portion of the Ronald Reagan Parkway from US 36 south to CR 100S from
2010 funds. He further advised this will be voted on by the MPO on May 6, 2009 and explained this will be a federally funded project of 80/20. He also stated we have some options to fund the County’s portion of 20%.
There was discussion of concrete versus asphalt paving or concrete paving for this portion of the road. The Town of Avon has requested concrete paving. John Ayers stated he will send the memo circulated in January discussing paving options to refresh everyone’s memory on the issues regarding concrete or paving that was sent to the Town of
Avon. It was the consensus of the Commissioners for Commissioner Wathen to talk with the Town of Avon on the concrete paving design change and clarify with Avon if they agree on the change that they will fund the change.
Mike Graham reported on the workshop held on April 7, 2009 for economic development along the Ronald
Reagan Parkway and inquired if a policy or resolution for using EDIT funds would be necessary for this economic development. It was the consensus of the Commissioners for Mike Graham to draft a policy for use of EDIT funds for Economic Development.
Commissioner Palmer commended John Ayers, Mike Graham and Commissioner Wathen for their work on reaching this point on the Ronald Reagan Parkway. IN THE MATTER OF JUDICIAL STUDY
John Ayers reported the site visits to other county judicial centers had been completed and the Judicial Advisory
Committee held their second meeting last week. Commissioner Palmer stated the Committee had toured the
Hendricks County Courthouse prior to their meeting last week with 100% in attendance. Steve Craney, Banning
Engineering, stated the National Center for State Courts will be interviewing in the County next week. IN THE MATTER OF WATER ORDINANCE FOR DROUGHT
Jo Lynn Garing, Director of Communications Indianapolis Water Department of Waterworks, gave a presentation relative to an ordinance adopted by the City of Indianapolis for water conservation in the event of a drought. She advised they will be asking the donut counties to also adopt this water conservation ordinance and presented a copy of this Indianapolis ordinance for consideration. There was discussion of the number of Indianapolis Water/Veolia customers within the towns of Hendricks County and the number of customers in the unincorporated areas of
Hendricks County. Ms. Garing stated the Town of Brownsburg has adopted a water ordinance for water conservation because Brownsburg has had experience with a drought. She stressed the need for making everyone aware that water is a very precious resource.
Commissioner Palmer stressed that public education and information was important before consideration of mandatory water conservation and also expressed concern about enforcement of such an ordinance. It was the consensus of the Commissioners to take this matter under advisement. IN THE MATTER OF HEALTH - MASS PROPHYLAXIS PLAN
Monica Smith, Director Health Nursing, introduced Michael Burger, District 5 Team Leader, to speak on behalf of the Indiana State Department of Health to provide a concise overview of what each health department and ISDH is doing regarding the mass prophylaxis plan. He stressed they are working with the surrounding counties, including
Hendricks County, to plan for use of volunteers in this program. There was discussion of this program. IN THE MATTER OF IMMUNIZATION FUNDING
Monica Smith presented a Memorandum of Understanding (MOU) for Immunization Funding from the Indiana
State Health Board. She stated she had requested Attorney Tyler Starkey to review this MOU. Mr. Starkey advised that he has referred this MOU to Attorney Greg Steuerwald for further review. It was the consensus of the
Commissioners to await a recommendation on this MOU from Greg Steuerwald.
IN THE MATTER OF CLERK’S OFFICE - SPACE
Clerk Cindy Spence explained they have had a large increase in the number of court cases during the first quarter of 2009 and anticipate an increase of over 2,000 cases in 2009. She further explained some changes that could be made by removing outdated and unused shelving to make room for these new case files. It was the consensus of the
Commissioners for Ms. Spence to work with County Engineer John Ayers to look at space issues in the Clerk’s office. IN THE MATTER OF PAL CLUB
Receipt was acknowledged of a request from Officer Danny W. Shipley, Danville P.A. L. Club Director, for use of
County facilities to start a P.A.L. Club in Danville. He provided a packet of information including the request, a list of the 2009 Board Members of Danville P.A.L. Club, a mission statement and their proposed plans for the club. He stressed particular interest in using the community building on the Government East Campus. It was the consensus of the Commissioners to follow their previous decisions on use of this facility and to be consistent in their denial of this request for use of the facilities on the Government East Campus as there is no space available. IN THE MATTER OF ORDINANCE NO. 2000-31
Mike Graham responded to the concerns expressed last week by Jim and Nancy English, Liberty Township, about the gun noise from their neighbors stating we have researched our ordinances and the Noise Ordinance 2000-31 has not been repealed. He further stated he has talked to Sheriff Galloway and he is well aware of the problem and has on more than one occasion talked to the English family and their neighbors. Mr. Graham stated Sheriff Galloway has advised that he does not have a solution, however he has pledged his resources to help address this problem. Sheriff
Galloway also stated this is a neighbor problem and there are no effective laws to deal with it. IN THE MATTER OF ANIMAL CONTROL
Mike Graham reported Mary Anne Lewis, Chief Animal Control Officer, is negotiating with the Humane Society on their proposal to provide free spay and neuter services for animals being adopted at the Animal Control Facility on
Saturdays. He stated Ms. Lewis has asked the Humane Society to extend the service regardless of the day of the week and to cover any additional costs that may be added if there are complications during the procedure and she is now waiting for the Humane Society’s response.
Receipt was acknowledged of the 2009 first quarter report for of the Animal Shelter from Mary Ann Lewis, Chief
Animal Control Officer. IN THE MATTER OF HEALTH CLINIC
Mike Graham advised they have set a Brownsburg Health Clinic visit for April 30, 2009 at 3:00 p.m. and stated
Commissioner Palmer will be representing the Commissioners on the tour. IN THE MATTER OF WORK RELEASE - VEHICLE
Mike Graham reported Bridgette Collins, Director Work Release Center, has made a request for permission to install a satellite radio in the work release vehicle at her expense. It was the consensus of the Commissioners to deny this request. IN THE MATTER OF GOVERNMENT EAST CAMPUS - ROAD
John Ayers presented the corrected signature page for the agreement approved last week with United Consulting for design of the road for the Hendricks County Government East Campus. It was the consensus of the
Commissioners to execute the signature page for the previously approved United Consulting agreement. IN THE MATTER OF COURTHOUSE - CHILLER
John Ayers reported he had contacted AMS relative to their low bid for the chiller at the Courthouse and their later offer to install a larger chiller much quicker for a larger amount over the base bid. He stated that AMS has now agreed to install the larger, upgraded chiller for the same price as the second low bid plus two alternates, as quoted in their bid for the smaller chiller. Mr. Ayers presented a contract with AMS Mechanical Services, LLC. Commissioner
Palmer moved to approve and sign the AMS Mechanical Services contract for the replacement chiller at the
Courthouse with two alternates in the amount of $60,325, as recommended by the County Engineer. Commissioner
Whicker seconded the motion and the motion was approved unanimously 2-0-0. Mr. Ayers stated that AMS has advised the chiller would be installed next week. IN THE MATTER OF TRAFFIC STUDIES
John Ayers presented three traffic studies for local County roads that had been requested by citizens with recommendations for speed limit changes. He requested to advertise these three proposed ordinances for public hearing.
CR 1050E from CR 700S to CR 800S and recommended to lower the speed limit to 40 mph; CR 900/925N from SR 39 to CR 75E and recommended to lower the speed limit to 40 mph; and Valley Vista Drive in Valley Vista Estates and recommended to lower the speed limit to 20 mph.
It was the consensus of the Commissioners to advertise each of these three ordinances for a public hearing at 9:30 AM on Tuesday, May 5, 2009. IN THE MATTER OF WAGE COMMITTEE HEARING
John Ayers reported the Wage Committee held a public hearing on Monday, April 13, 2009 in the Government
Center to determine wages for four Hendricks County projects:
Bridge at McCloud Nature Park for the Hendricks County Parks and Recreation Road Construction at Hendricks County Government East Campus Carpet Replacement Hendricks County Government Center Tilden Terrace Drainage Project
Mr. Ayers stated these four projects will all begin this summer with a late fall completion. IN THE MATTER OF GOVERNMENT CENTER - WINDOWS
John Ayers advised a test replacement window will be installed by contractors in the Government Center this week and they will evaluate that window prior to the installation of the remainder of the windows. Commissioner Wathen arrived at the meeting at 11:05 AM. IN THE MATTER OF PLANNING AND BUILDING
Receipt was acknowledged of the Planning and Building Department March 4, 2009 monthly Report of
Collections from Don Reitz, Planning Director. IN THE MATTER OF CR 300S AND CENTER STREET
Commissioner Palmer questioned water standing in the residential yards and water ponding on CR 300S and Center
Street (CR 625E). John Ayers stated he will check on this water problem and report back. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. IDEM, Office of Water Quality, Wetlands Section, Public Notice, Hendricks County proposed extension of Ronald Reagan Parkway from US 36 to C.R. 200 S, closing date for comments is April 30, 2009.
Action needed/taken on the following:
1. Checks received and signed to the county: a. Governmental Interinsurance Exchange $5,753.29 Vehicle Damage b. Governmental Interinsurance Exchange $ 280.30 Vehicle Damage
2. Whicker signed vehicle titles for the following: a. 2000 Ford Taurus Health Department
Documents needing action: None IN THE MATTER OF ASSOCIATION OF INDIANA COUNTIES
Receipt was acknowledged of the 2009 Association of Indiana Counties (AIC) District Meetings with the next meeting being scheduled for the West Central District on May 12, 2009 at the Beefhouse in Covington, Indiana.
Commissioners Whicker and Palmer and Mike Graham all requested to be registered for this meeting. IN THE MATTER OF RIGHT-OF-WAY DEDICATION
There was discussion of right-of-way dedication required. Commissioner Wathen stated right-of-way will be discussed during the Plan Commission meeting tonight. It was the consensus of the Commissioners to wait until after the Plan Commission discusses this issue. IN THE MATTER OF COURT CASES
There was discussion of court cases in the Hendricks County Health Department. It was the consensus of the
Commissioners for the Health Department staff to bring any and all court cases, in which they were involved, to the Health Board for informational purposes. IN THE MATTER OF ECONOMIC DEVELOPMENT
Commissioner Wathen advised of a business working with O’Reill0y Raceway Park to construct a motorcross track on the property. This would help with tourism in the County. IN THE MATTER OF GONZALES AUTO
Commissioner Palmer discussed the status of the Gonzales Auto Parts, located east of Brownsburg on US 136.
Commissioner Wathen stated he would discuss this with the Plan Commission agenda during tonight’s meeting.
Commissioner Palmer moved to adjourn the Commissioners’ meeting at 11:22 PM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
April 21, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, April 21, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners James McBryant Administrator Cypress Manor Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of April 14, 2009 as corrected. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims # 193866 thru 193885, as advertised. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Mike Graham presented the Memorandum of Understanding (MOU) from Kite for their proposed project at
Exit 59 and their request to change the term of the bond from 20 year to 25 years. There was discussion of this request. The preference was to allow a 25 year term for the first bond and a total of 25 years for any and all bonds issued for this project. It was the consensus of the Commissioners for Mike Graham to contact Bruce
Donaldson, Barnes & Thornburg, and obtain a written recommendation regarding this change.
John Ayers advised he will meet later this week with representatives of the Economic Development
Partnership and Clayco regarding the Kite development. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers advised they are working on the Ronald Reagan Parkway from US 36 to CR 100S and plans were turned in to INDOT on April 20, 2009. Mr. Ayers stated he will clarify the dates with the MPO on the next steps for this project.
John Ayers stated he had resent the email to Tom Klein, Avon Town Manager, relative to concrete paving or asphalt paving of their portion of the Ronald Reagan Parkway. There was discussion of a time frame for a response from Avon on this matter. We will ask to have a commitment from Avon by the end of April.
John Ayers clarified there will not be a sidewalk on the proposed new bridge over the CSX tracks in Avon, however, there will be room for a pedestrian/bike lane, if needed in the future.
John Ayers reported he had received ten responses to his RFP for construction engineering services for the
Ronald Reagan Parkway from SR 36 to CR 100S:
AECOM American Structurepoint Beam, Longest and Neff Butler, Fairman & Seufert Crawford, Murphy & Tilly Crossroads Engineers DLZ Schneider Corporation URS Corporation USI Consultants
Mr. Ayers reported the Engineering Staff and Commissioner Wathen will review these responses and bring back a recommendation.
Commissioner Palmer expressed concern for the appearance of the grass/weeds in the median of the
Plainfield section of the Ronald Reagan Parkway. John Ayers stated he will check on this and report back.
Receipt was acknowledged of the April 15, 2009 Appian report from Dennis Faulkenberg for the Ronald Reagan
Parkway. IN THE MATTER OF JUDICIAL CENTER STUDY
John Ayers stated representatives of the National Center for Courts are currently interviewing staff relative to the Judicial Center Study. Steve Craney, Banning Engineering, advised they will interview Commissioners
Whicker and Wathen today during lunch. IN THE MATTER OF B&O RAILS TO TRAILS
Diana Virgil, President B&O Rails to Trails, reported they just received the Purchase Agreement from CSX for the land in the proposed B&O Rails to Trails in Hendricks County, in the amount of $1,677,000. Ms. Virgil stated they have been working on this agreement from CSX for fifteen years and also stated they will be receiving federal stimulus money for a ;portion of the trail. Greg Steuerwald explained the process for this purchase and stated the County is the pass-through agency for the Rails to Trails and they would need to come back next week for County approval. It was the consensus of the Commissioners to add the Rails to Trails
Purchase Agreement to the April 28, 2009 meeting agenda. IN THE MATTER OF LARRY MITCHELL - DRAINAGE PROBLEMS
Larry Mitchell, 4195 N CR 575 E, Brownsburg, explained drainage problems in his neighborhood causing property damage to his home and presented pictures of water standing over CR 575E creating safety concerns.
John Ayers presented drainage maps and explained the drainage flow in this area and what improvements had already been made. He advised that his staff had visited this site and are looking at options to resolve water issues in the interest of public safety. It was the consensus of the Commissioners for John Ayers and his Staff to look further at this drainage issue and bring back a recommendation to the May 5, 2009 meeting. IN THE MATTER OF LINK HENDRICKS COUNTY - GRANT
Marcia Lynch, Sycamore Services, presented for execution, the final application for the transportation grant for the
American Recovery and Reinvestment Act (ARRA) – Federal Section 5311 Rural and Small Urban Transit Assistance
Stimulus Pre-Application Review Funds. Ms. Lynch stated this grant is for LINK Hendricks County and their original request was for $500,000, however, she presented the INDOT letter of April 2, 2009 stating the ARRA Stimulus
Pre-Application Review Results was awarded is in the amount of $752,470.00. This funding is for replacement of several vans and an allowance of $225,000 for a pole barn type garage to house the vans. Pat Cockrum, Director Sycamore
Services, stated the State of Indiana requires this garage to be built on County property without any leases and that the lease between Sycamore and Hendricks County will have to be revised. Attorney Greg Steuerwald stated he will work with Sycamore on the lease and this property in order to build a new garage for LINK vans on this property. Mr.
Cockrum stressed this grant of $752,470 is a no match grant and will be at no cost to the County. Beth Ann Leach, Senior
Services Director, gave an update on LINK activities and reported LINK had 72,000 boardings in 2008, which was up from the 61,000 boardings in 2007 and stated they are continuing to work with Morgan County with the LINK program.
Commissioner Palmer moved to approve the transportation grant for LINK and authorize the President to sign the grant on behalf of the Commissioners with Attachment 5, Resolution authorizing the filing of application under Section 5311, as Resolution No. 09-04. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Wathen moved to recess the Commissioners’ meeting at 10:40 AM for the Tech Board. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker opened the Tech Board at 10:41 AM with John Parsons, Systems Administrator, and Doug Morris, Web Master, joining the meeting. IN THE MATTER OF TECH BOARD
John Parsons reported that Teri Reynolds, the new Director at the Hendricks County 4-H Fairgrounds and
Conference Complex, had requested assistance from the Computer Department on extending computer wiring to the new storage building and explained the fiber connection they had attempted on their own did not work out. Doug Morris further explained the connections required and advised of the Fairgrounds request for an additional computer with internet access in this new building and an additional phone on the County phone system. He further advised that the original computer and phone wiring were done when the Fairgrounds was originally built to be compatible with County equipment. It was the consensus of the Commissioners for the
Computer Department to assess the needs and bring back a report.
John Parsons reported the County Computer Department has had a request by some individuals to be blocked for public access to some public records and Assessor Gail Brown has asked that no one be blocked.
He stated he had checked with seventeen other counties and found that Hendricks County is the only county that exempts some property tax records for public access on the web. Doug Morris advised that even if the County blocks some records they are still available on other systems. Auditor Cinda Kattau expressed concerns that it would help to have a policy to give to citizens when they make this request. Attorney Greg Steuerwald stated he will check with the Public Access Record Keeper on this matter and report back.
John Parsons explained a request from an employee in Superior Court 1 to have County email sent to his personal blackberry. Doug Morris expressed some concerns on this request. It was the consensus of the
Commissioners to deny this request.
John Parsons stated Gwyn Green, Juvenile Probation, had requested to purchase six new BlackBerry phones for Juvenile Probation and pay from their budget. Commissioner Wathen moved to approve the request of
Juvenile Probation to purchase six BlackBerry phones and fund from their budget. Commissioner Whicker seconded the motion and the motion was approved 2-1-0 with Commissioners Wathen and Whicker voting aye and Commissioner Palmer voting nay.
Commissioner Wathen moved to adjourn the Tech Board at 11:09 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker reconvened the Commissioners’ meeting at 11:10 AM. IN THE MATTER OF CYPRESS MANOR
James McBryant presented an application for admission for residency at Cypress Manor for Miranda J.
Destefund and advised she is currently a patient in Hendricks Regional Health and would like to come to
Cypress Manor when released. Mr. McBryant further advised this individual is currently attending high school and is working towards receiving a certificate of completion. Commissioner Palmer moved to approve the admission of this individual to Cypress Manor, based on the recommendation of the Administrator of Cypress
Manor. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
John Ayers responded to the request from James McBryant for new concrete walks at Cypress Manor and presented the following quotes:
Joe Powell $5,500 Fish $5,570 Patterson Horth $10,500
Commissioner Wathen moved to award the work for the concrete walks at Cypress Manor to Joe Powell as the lowest quote received. Commissioner Palmer seconded the motion and the motion was approved unanimously
3-0-0. IN THE MATTER OF POLICY FOR EDIT FUNDS
Mike Graham presented a proposed policy statement on the use of EDIT (Economic Development Income
Tax) funds to help pay for the extension of sewer lines and stated the primary purpose for this policy is to show the Commissioners’ commitment to providing sewer services to the targeted economic development areas of the Ronald Reagan Parkway & I-74 and of area of Exit 59. He further stated Attorney Greg Steuerwald has reviewed the proposed policy statement and generally finds it acceptable. There was discussion about how this policy would impact the reimbursement policy of the Regional Sewer District. It was the consensus of the
Commissioners to add some language to cover the reimbursement policy to this draft policy and bring back next week for further review. IN THE MATTER OF ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS
Mike Graham explained that he, Treasurer Nancy Marsh, Financial Administrator Tami Mitchell and County
Engineer John Ayres had participated in the webinar on April 16, 2009 to learn about the $546,900 of federal stimulus money available to Hendricks County through a block grant from the U.S. Department of Energy. He stated that Hendricks County is eligible for this grant, but must submit an application and the grant money may fund a variety of projects including:
Development of an Energy and Conservation Strategy Technical Consultant Services Residential and Commercial Building Energy Audits Financial Incentive Programs Energy Efficiency and Conservation Programs and Facilities Energy Retrofits
Development and Implementation of Transportation Programs Building Codes and Inspections Traffic Signals and Street Lighting Material Conservation Programs Renewable Energy Technologies on Government Buildings Energy Distributions Any Other Appropriate Activity
Mr. Graham stressed there is a significant amount of paperwork needed for the grant application and we will need a consultant. One item that needs to be developed and approved is an Energy and Efficiency and
Conservation Strategy. He further stated we have already received inquiries from two consultants and he has asked two companies, Duke Energy and American Structurepoint, about providing consulting services.
Commissioner Wathen explained he has also received an inquiry from another firm. Mr. Graham advised that
Bart Beal from Duke said they do not provide consulting service but they may be able to provide additional financial help depending on the project and he has made a commitment to Mr. Beal that we would have him at the table after we identify a project. There was discussion of the possibilities of this grant and of the County not incurring any out of pocket expense. It was the consensus of the Commissioners to pursue this grant. IN THE MATTER OF WORK RELEASE VEHICLE - RADIO
Mike Graham stated last week the Commissioners turned down the request of Bridgette Collins to install a satellite radio in the work release vehicle, however, after the meeting he found out the vehicle came with a satellite radio and all that she wanted was to activate the radio and put the charges in her name. Commissioner
Whicker stated he will check with other agencies on their policy on this matter and report back next week. IN THE MATTER OF HOUSE – 839 S. TENNESSEE STREET, DANVILLE
John Ayers advised they have signed the Purchase Agreement for the blue house, located at 839 South
Tennessee Street in Danville, and need a boundary survey. He further advised he had two quotes for this survey:
USI $5,000 Banning Engineering $2,500
Mr. Ayers noted Banning Engineering provided the lowest quote for this boundary survey. Commissioner
Wathen moved to approve Banning Engineering to do the boundary survey on the property located at 839 South
Tennessee Street in Danville, as the lowest quote received. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF COURTHOUSE - CHILLER REPLACEMENT
John Ayers advised AMS is installing the new chiller in the Courthouse today. IN THE MATTER OF VEHICLES - ENGINEERING
John Ayers reported the new replacement vehicle for his department, a Dodge truck, has arrived and Terry
Kennard is preparing to take their old 2002 Ford Explorer to auction. IN THE MATTER OF HIGHWAY SALT
John Ayers reported the County should receive a better salt price if they partnered with the State of Indiana on Highway salt bids for this year than they did when they partnered with the City of Indianapolis last year and requested for the County to join the State on their salt bids. Commissioner Wathen moved for the County to go with the State of Indiana for Highway salt bids, as recommended by the County Engineer. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CONCERVATION CLUB DAM
John Ayers stated he had forwarded the inspection report from Banning Engineering on the status of the
Conservation Club Dam. Commissioner Whicker stated there was not much change in the dam or the report since the last inspection by Banning Engineering in 2007. It was the consensus of the Commissioners to accept the Banning Engineering report of the Conservation Club Dam, as presented and asked John Ayers to forward the report to the DNR. IN THE MATTER OF COUNTY ROADS DAMAGE FROM PIPELINE CONSTRUCTION
John Ayers advised they are working with Highway to meet with representatives of Rex Pipeline on the maintenance and repair of damage of County Roads 300S and 350S resulting from the heavy trucks while installing the pipeline in the southern part of Hendricks County. He stated they will continue to monitor all
County roads in this area and to have the pipeline company repair any and all damages they have caused to
County Roads. IN THE MATTER OF COUNTY WAGE COMMITTEE – APPONTMENT
Receipt was acknowledged of a letter from Loris (Tommy) L. Thompson resigning from the Wage
Determination Committee. It was noted that Mr. Thompson has served on this board for several years. It was the consensus of the Board to add the appointment to the Wage Committee to the April 28, 2009 agenda. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. IDEM, Office of Water Quality, Facility Construction has received a sewer permit from the Town of Pittsboro, IN to construct a lift station in Pittsboro. 2. IDEM, Office of Water Quality, Facility Construction has received a sewer permit from the Hendricks County Regional Sewer District, IN to construct Exit 59/70 West Commerce/MES Properties in Hendricks County. 3. IDEM, Decision of Approval, has granted authorization for construction of a sanitary sewer system to West Central Conservancy District to construct a sanitary sewer system to be located on the north side of U.S. 36 approximately 2,000 feet west of CR 625 E and U.S. 36 intersection.
Action needed/taken on the following:
1. Checks received and signed to the county: None
2. Whicker signed vehicle titles for the following: None
3. Documents needing action: None IN THE MATTER OF HIGHWAY Receipt was acknowledged of the Highway report for April 13 through April 17, 2009, from Martin
Summers, Highway Superintendent. IN THE MATTER OF VETERANS AFFAIRS
Receipt was acknowledged of the monthly Veterans Service report for March 2009 from Lori Turpin,
Veterans Officer.
Commissioner Palme moved to adjourn the Commissioners’ meeting at 11:40 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
April 28, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, April 28, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Tyler Starkey Acting Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Dr. David Hadley Hendricks County Health Director Don Reitz Hendricks County Planning Director Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF POLE BARN BIDS
Commissioner Whicker announced the bids for removal of the County owned pole barn located on CR 1050E had been duly advertised for 9:30 AM and it was now 9:30 AM. Commissioner Wathen moved to close receipt of bids for the County owned pole barn, as advertised. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. John Ayers acknowledged receipt of two sealed bids and opened the following bids:
Richard P. Myers $ 1,000.00 Sims Electric $ 501.00
It was the consensus of the Commissioners for staff to take these two bids under advisement and bring back a recommendation next week. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of April 21, 2009 as corrected. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Palmer moved to approve Claims #092897 thru 093035 and Direct Deposit Checks #048191 thru
048592 as presented. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Mike Graham presented the revised Memorandum of Understanding (MOU) with Kite and explained the changes including the request that the proposed MOU be changed to set a limit on term of all bonds to a total of 25 years, transfer payment of the EDU’s from the developer to the owner/builder and identify the types of off-site infrastructure projects that would be paid for out of the TIF revenues. Mr. Graham further stated there is very general language in the MOU covering the type of off-site public improvements and the timing of the construction to allow flexibility for the County. He noted that Attorney Bruce Donaldson, Barnes & Thornburg, had made the revisions. Commissioner
Wathen stated he had received emails from representatives of Kite with some changes late yesterday and requested
Mike Graham and Cinda Kelly, Economic Development Partnership, continue working with Kite on this MOU.
Commissioner Palmer moved to table the MOU with Kite until further discussion with Kite. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
Mike Graham reported the Administrative Plan Committee held a special meeting on April 24, 2009 and granted conditional approval to Love’s Truck Stop to proceed with their project at Exit 59. Mr. Graham also stated the
Regional Sewer District had deposited the EDU check from Love’s Truck Stop. IN THE MATTER OF RONALD REAGAN PARKWAY
Commissioner Wathen announced the Construction Inspection proposals for the Ronald Reagan Parkway from US
36 to CR 100S are being reviewed and will be discussed next week.
John Ayers stated the Metropolitan Planning Organization (MPO) has changed the date for a final vote on construction funding for the Ronald Reagan Parkway to June.
John Ayers advised of an email received from Tom Klein, Avon Town Manager, advising the Avon Town Council had decided not to push for the use of concrete of the Ronald Reagan Parkway section over the CSX Railroad and they will agree to the use of asphalt, as designed. He further stated he is awaiting a signed letter from Mr. Klein or from the Avon Town Council relative to this decision. IN THE MATTER OF JUDICIAL CENTER
Steve Craney, Banning Engineering, reported the representatives from the National Center of Courts have completed their interview of County staff with the exception of a couple of people and they will conduct a telephone interview, and will have a report on the judicial center ready in mid or late June with the final phase report in August
2009.
John Ayers announced the next meeting of the Advisory Committee for the judicial center would be 7:00 PM on
Tuesday, June 9, 2009. IN THE MATTER OF HENDRICKS COUNTY GOVERNMENT EAST CAMPUS
John Ayers advised he had met with representatives of the Town of Danville to discuss the new road to be built at the Hendricks County Government East Campus, as it will be within the jurisdiction of the Town of Danville. He stated they were also looking at the intersection of this proposed road with Main Street and with the Terry – Kirtley
Drive.
John Ayers relayed a request from the Drug Task Force to hold an auction on Saturday, June 20, 2009 at the
Hendricks County Government East Campus to auction off confiscated merchandise they have stored at that location.
It was the consensus of the Commissioners to approve the request for the Drug Task Force to hold an auction on
Saturday, June 20, 2009 at the Hendricks County Government East Campus. IN THE MATTER OF HEALTH DEPARTMENT
Receipt was acknowledged of the Memorandum of Agreement between Hendricks County Health Department and
James D. Kozarek, M.D., that was presented by Monica Smith, Director Health Nursing, during the April 14, 2009 meeting for State reimbursement of vaccine. Attorney Tyler Starker reported this agreement has been reviewed by
Greg Steuerwald and Mr. Steuerwald had advised this document should be signed by the Commissioners and Dr.
David Hadley, Hendricks County Health Officer. Commissioner Whicker noted this agreement has been signed by Dr. Hadley. Commissioner Wathen moved to authorize the President to sign this Memorandum of Agreement between Hendricks County and Dr. Kozarek for vaccine reimbursement. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Dr. David Hadley presented a public statement advising that State Officials are closely monitoring human cases of
Swine Influence. Dr. Hadley stated the warning has been raised to a Phase 4, which is an epidemic, but not yet rated as a pandemic at a Phase 6. IN THE MATTER OF ORDINANCE NO. 2009-08 TSA 02-09 A TEXT AMENDMENT TO THE SUBDIVISION CONTROL ORDINANCE
Don Reitz presented TSA 02-09 a Text Amendment to the Subdivision Control Ordinance, for changes that pertain to subdivision regulations in the area under the jurisdiction of the Hendricks County Area Plan Commission. He explained the text changes that had been added and the text that had been deleted and gave reasons for these changes.
Mr. Reitz stated s public hearing was held on April 14, 2009, with no remonstrators, and the Plan Commission sends this amendment with a favorable recommendation of 7-0-0. Commissioner Wathen moved to adopt TSA 02-09 as
Ordinance No. 2009-08, as recommended by the Plan Commission. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF ORDINANCE NO. 2009-09 ZA 996-09 LAWRENCE R. WHEATLEY
Don Reitz presented ZA 396-09 for Lawrence R. Wheatley, a zoning change from AGR/Agriculture Residential
Zoning to NB/Neighborhood Business for 2.39 acres in Washington Township, located on the south side of Old 36, approximately 0.25 mile east of CR 400E, more commonly known as 4265 E. Main Street. Attorney Ben Comer,
Comer Law Office, explained the location of this parcel and stated Mr. Wheatley wants to move his law office from
Danville to this site. Mr. Reitz stated a public hearing was held on April 14, 2009, with no remonstrators, and the
Plan Commission sends this zoning amendment with a favorable recommendation of 7-0-0. Commissioner Wathen moved to adopt ZA 996-09: Lawrence R. Wheatley, as recommended by the Plan Commission, as Ordinance No.
2009-09. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF ORDINANCE NO. 2009-10 ZA 997-09 K. S. HENDRICKS PARTNERS
Don Reitz presented ZA 397-09 for K. S. Hendricks Partners, a zoning change from AGR/Agricultural Residential to PB/Planned Business Park, for 12.62 acres in Liberty Township, located on the north side of CR 1000S, approximately 0.33 mile east of CR 100E. Mr. Reitz stated a public hearing was held on April 14, 2009, with no remonstrators, and the Plan Commission sends this zoning amendment with a favorable recommendation of 7-0-0.
Attorney Andy Kult, Comer Law Office, offered to answer any questions on this zoning request. Commissioner
Wathen moved to adopt ZA 997-09: K. S. Hendricks Partners, as recommended by the Plan Commission, as
Ordinance No. 2009-10. Commissioner Palmer seconded the motion and the motion was approved unanimously
3-0-0. IN THE MATTER OF B&O RAILS TO TRAILS
Receipt was acknowledged of a phone call from Diana Virgil, President, B&O Rails to Trails, advising they had not received the final documents for the Purchase Agreement for the B&O Trail as were discussed during the
April 21, 2009 meeting. It was the consensus of the Commissioners to continue the B&O Rails to Trails Purchase
Agreement to the May 5, 2009 meeting. IN THE MATTER OF COUNTY WAGE COMMITTEE - APPOINTMENT
Richard P. Myers, Member Hendricks County Wage Committee, questioned if the Wage Committee could hold only one meeting each year and approve wages on a blanket basis. John Ayers advised we have grouped projects together including four projects at the last meeting and ten projects at an earlier meeting, however, he stated he would check to see if a one-time wage scale approval could be done each year.
Commissioner Whicker acknowledged the resignation letter from Loris (Tommy) Thompson from the County
Wage Committee that was accepted by the Commissioners last week. Commissioner Palmer moved to appoint Bret
Wathen to the Hendricks County Wage Committee to replace Tommy Thompson, who has resigned. Commissioner
Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker noted a letter of appreciation was being sent to Mr. Thompson for his many years of service on the Wage Committee. IN THE MATTER OF DANVILLE WAGE COMMITTEE
Receipt was acknowledged of an email from Gary Eakin, Danville Town Manager, requesting a new appointment to the Wage Committee for the Town of Danville, as the previous appointee, David Kisner, is now deceased. Mr.
Eakin requested that Gary Pugh, Danville, be considered for this appointment. Commissioner Wathen moved to appoint Gary Pugh to serve on the Wage Committee for the Town of Danville, to replace David Kisner.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF POLICY FOR USE OF EDIT FUNDS
Mike Graham presented a revised proposed policy on the use of EDIT funds to construct sanitary sewer lines including general language pertaining to the reimbursement policy of the Regional Sewer District and explained these suggested changes. There was discussion of additional changes. It was the consensus of the Commissioners for Mike
Graham to make these additional changes and bring back next week for further consideration of a policy for use of
EDIT funds. IN THE MATTER OF PROPERTY TAX INFORMATION ON THE WEB
Mike Graham responded to discussion last week relative to some individuals requesting that their property tax records be omitted on the web and reported that Greg Steuerwald has made an inquiry to the Indiana Public Access
Counselor regarding property records being available over the web. Mr. Steuerwald has advised the Public Access
Counselor said there is no requirement to post the information on the web. He also stated the County has the latitude to determine if they want to make exceptions on whose property tax information is on the web. Mr. Graham also advised there are other web sources that make property ownership information available. Commissioner Wathen moved that effective June 1, 2009 to allow people to remove their property tax information from the web with a written and signed request from the citizen to the Auditor’s Office and clarified that everybody can still come into the
Government Center physically and review all records and information. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Don Reitz stated he will check with the IT Department to make sure the Planning & Building Department can access all records for their notification of property owners on Plan Commission requests. IN THE MATTER OF LAWN MOWERS AND STORAGE
Mike Graham reported that of the two riding mowers and the two push mowers that Elvin Cassity and his staff use, three are broken. He stated the riding mowers have the most serious problems as one has an old leak that they are trying to find and the second one is 10 years old with a broken axle with a cost estimate of $1,353.10 to fix. Mr.
Graham stressed we have a significant problem with mowing the field south of the Government Center as the field is very rough and the type of equipment we use is not strong enough to hold up under the conditions. He stated that in addition to repairing or replacing the equipment we do not have a building where we can store any of the mowers.
There was discussion of the mowers, of a storage building at the Government Center and of looking at available storage possibilities in the general area. It was the consensus of the Commissioners to obtain prices for mowers and bring back a recommendation and also to look further at storage possibilities. IN THE MATTER OF VACATION
Mike Graham presented a written request for approval of vacation time including the week of May 25 thru May 29 and the week of July 13 thru July 17, 2009. It was the consensus of the Commissioners to approve the vacation request of Mike Graham for May 25 thru May 29 and July 13 thru July 17, 2009. IN THE MATTER OF APPRAISAL OF COUNTY GOVERNMENT BUILDINGS
John Ayers stated we need to reappraise the Government Center. He further stated that all Hendricks County government buildings had not be appraised since 1997 and recommended that they all be reappraised at this time.
Rich Jensen stated we especially need an appraisal of the Government Center as it is required for the bond. Mr.
Ayers presented two quotes for the appraisal of all buildings and two quotes for an appraisal of the Government
Center only:
All Buildings Government Center Only Mike Hazeltine $12,500 $ 1,500 Joe Trainer $ 7,725 $ 1,000
Mr. Ayers further advised Joe Trainer has stated he can have the Government Center appraisal done in two weeks and all the appraisals done in 45 days. Commissioner Wathen moved to approve Joe Trainer to reappraise all County buildings for $7,725, as recommended by the County Engineer. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF OLD ANIMAL CONTROL FACILITY
John Ayers reported the contractor has been working on removal of the old animal control facility and has now eliminated most of the buildings by hauling off some materials, selling some and salvaging some for his own future use. IN THE MATTER OF TELEPHONE
John Ayers reported that due to the numerous erroneous calls employees are making by misdialing 911 they have worked with a vender to convert the outside code to 7 and employees will now dial 7 for an outside line and then 1 for long distance, which will eliminate the false calls to the 911 emergency center. Mr. Ayers stated this conversion will cost approximately $1,000. IN THE MATTER OF CULVERTS FR-001 AND FR-059
John Ayers requested to advertise Notice to Bidders for replacement of two culverts, located in Franklin
Township: FR-001, located on CR 700S over Ditch; and FR-059, located on CR 450W over Ditch. Mr. Ayers stated these two culverts are ready for letting and presented Title Sheets. He stated these two culverts need a bid date and recommended advertising for bids to be opened on June 2, 2009. Commissioner Wathen moved to advertise Notice to
Bidders for Culverts FR-001 and FR-059 for June 2, 2009. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF 56TH STREET
John Ayers advised an Escrow Account would need to be established for the retainage fee for the 56th Street reconstruction project and presented documents to set up this account. Commissioner Wathen moved to approve to set up an Escrow Account for the 56th reconstruction project, as requested by the County Engineer, and to authorize the President and Vice-President to sign the necessary documents. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF COURTHOUSE
John Ayers reported AMS will be starting up the new chiller in the Courthouse today and should have everything completed by the end of the week. IN THE MATTER OF GOVERNMENT CENTER - REPLACEMENT CARPET
John Ayers reported there was confusion in the wording in the Notice to Bidders for replacement of carpet in the
Government Center and as a result they have received only one bid. He requested to cancel or withdraw the bid notice and to re-advertise for the carpet. Attorney Tyler Starkey noted the bid opening was set for May 5, 2009 and stated the bids must be cancelled prior to the opening date. It was the consensus of the Commissioners to cancel/delay bids for replacement carpet in the Government Center as recommended by legal counsel. IN THE MATTER OF TILDEN TERRACE
John Ayers advised they are working with the utilities on the drainage correction in Tilden Terrace and will need to redesign a portion of this drainage project. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence
Correspondence:
1. IDEM, Permits Branch, Office of Air Quality, Notice of Decision-Registration, Siemens Healthcare Diagnostics
Action needed/taken on the following:
1. Checks received and signed to the county: None
2. Whicker signed vehicle titles for the following:
a. 2002 Ford Explorer Engineering Dept.
3. Documents needing action: None IN THE MATTER OF WEIGHTS AND MEASURES
Receipt was acknowledged of the April 15, 2009 Weights and Measures monthly report from Charles Colbert,
Weight and Measures Inspector. IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the April 20 thru April 29, 2009 Highway report from Martin Summers, Highway
Superintendent. IN THE MATTER OF AIRPORT AUTHORITY
Receipt was acknowledged of an email from Al Bennett, Member Indianapolis Airport Authority Board, inviting the Commissioners to meet John Clark, Chief Executive Office Indianapolis Airport Authority, on May 5, 2009 at the
Gordon Graham Field at 1:30 PM. It was the consensus of the Commissioners to plan to meet with Mr. Clark on the date and time stated. IN THE MATTER OF PROPERTY TAX STATEMENTS
Auditor Cinda Kattau reported values have been received and will be certified by the State early in May with a planned due date for property taxes of September 10, 2009.
Commissioner Wathen moved to adjourn the Commissioners’ meeting at 11:00 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
May 5, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, May 5, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Nancy L. Marsh Hendricks County Treasurer John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Dr. David Hadley Hendricks County Health Director Cathy Grindstaff Hendricks County Environmental Health Director Ron Love Hendricks County Human Resources Director Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Palmer moved to approve the minutes of April 28, 2009 as corrected. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims # 193949 thru 193972, #194337 thru 194171, #193176 thru,194297 and #194430 thru 194425 as advertised. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF STATE OF INDIANA REPORT ON CONDITION OF SCHOOL FUNDS
Commissioner Whicker announced receipt of the Annual Report of the Board of Commissioners of Hendricks
County to the State Superintendent of Public Instruction for the year ending April 30, 2009 for the Condition of
School Funds. Commissioner Whicker read the report indicating the amount in the treasury on April 30, 2009 for this account was “0”. He also stated this certificate had been signed by Auditor Cinda Kattau and Treasurer Nancy L.
Marsh and needs the signature of the President of the Commissioners. Commissioner Wathen moved to approve the
State of Indiana School Report of Condition of School Funds, as presented and to execute the agreement.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Whicker stated Lauth Development has declared bankruptcy, however, he stated at this time we are not sure how this will affect their project at Exit 59.
Mike Graham requested to continue the consideration of the Memorandum of Understanding (MOU) with Kite on their proposed project at Exit 59. Commissioner Wathen advised he had met yesterday with representatives of
Kite to resolve some language in the MOU and will meet again with them later today. It was the consensus of the
Commissioners to continue the Kite MOU until May 12, 2009. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers advised they are working on the Ronald Reagan Parkway south of US 36 to CR 100S and plan on the
August bid letting. He also stated they are working on obtaining the necessary permits for this portion of the
Parkway. John Ayers advised they went through the State Selection process for Construction Inspection and presented the rankings as follows:
American Structurepoint DLZ Beam, Longest and Neff USI Consultants Butler, Fairman and Seifert Crawford Murphy & Tilly Crossroads Engineers URS Corporation AECOM Schneider Corporation
Commissioner Wathen reported American Structurepoint ranked first and explained work American Structurepoint has done for Hendricks County. Commissioner Wathen moved to send this rating schedule to INDOT stating the selection of American Structurepoint Inc. (ASI) as the highest ranking firm. Commissioner Whicker seconded the motion and the motion was approved unanimously 3-0-0.
John Ayers advised of several issues they were having with the CSX railroad on the Ronald Reagan Parkway and advised they are working with the railroad representatives to resolve these issues.
John Ayers stated the contractor on the Ronald Reagan Parkway south of US 40 had sprayed and fertilized the median of the Ronald Reagan Parkway over the weekend to try and solve the grass problem. IN THE MATTER OF JUDICIAL CENTER
John Ayers advised there was nothing new to report on the judicial center. IN THE MATTER OF B&0 TRAIL
John Ayers reported some language issues in the purchase agreement with CSX and the quit claim deed had not been resolved and the signing of the B&O Trail purchase agreement should be continued to the May 12, 2009 meeting. Mr. Ayers advised he had met with INDOT regarding construction of a section of the B&O Trail and was advised it must be ready to go to bid by the end of the year and explained the process, permits and requirements.
He further advised the B&O Trails requires the design of two bridge structures in this section of the trail. To speed up the process it would be good to start this design work now. There was discussion of partnering the B&O Trails with the Parks Department. It was the consensus of the Commissioners for Mike Graham to meet with Park
Superintendent, Bill Roche, to discuss working with the B&O Trails project. IN THE MATTER OF POLE BARN LOCATED ON CR 1050E
John Ayers acknowledged receipt of two bids last week for removal of the pole barn located on CR 1050 E and recommended the bid be awarded to R. P. Myers for $1,000, as that was the highest bid received. Commissioner
Wathen moved to accept the bid of $1,000 from Richard P. Myers for the County owned pole barn located on CR
1050 E and to award the bid to Mr. Myers. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF VACATION OF STREET IN NORTH SALEM
Attorney Ben Comer presented a request of George and Peggy Ford to vacate a street in the Town of North Salem and presented the signed Affidavit of Written Notification for Right-of-Way Vacation on behalf of Mr. and Mrs. Ford along with Exhibit A, legal description as follows:
Legal description for vacation of certain unnamed right-of-way, as established on the plant of Melissa P. Hypes Addition to the Town of North Salem, Hendricks County, Indiana, as per plat thereof recorded June 3, 1896 in Plat Book 2, Page 112 in the office of the Recorder of Hendricks County, Indiana, said right-of-way being more particularly described as follows, to-wit:
Beginning at the Southeast corner of Lot 4 in Block 3 of Melissa P. Hypes Addition to the Town of North Salem, Hendricks County Indiana, as per plat thereof recorded June 3, 1896 in Plat Book 2, Page 112 in the office of the Recorder of Hendricks County, Indiana (the “Subdivision”); running thence South forth (40) feet to the Northeast corner of Lot 1 in Block 4 of the Subdivision; thence West on and along the North line of said Lot 1, one hundred twenty (120) feet on the Northwest corner of said Lot 1; thence North forty (40) feet of the Southwest corner of Lot 4 in Block 3 of the Subdivision; thence East on and along the South line of said Lot 4, one hundred twenty (120) feet to Southeast corner of said Lot 4, being the Point of Beginning.
Mr. Comer advised the petitioners make a commitment to deed 40 feet of even width off of and across the south side of said Lot 1 to the Town of North Salem in exchange for the vacation of the current right-of-way as described in
Exhibit A. He further stated the Town of North Salem supports this request by letter dated April 8, 2009 and presented the fully signed Property Inspection Release. Attorney Greg Steuerwald stated the documents provided legally meet all requirements and requested both deeds be recorded. Mr. Comer stated these two documents will be recorded at the same time. Commissioner Palmer moved to approve the street vacation in the Town of North Salem, as described by Mr. Comer for Mr. and Mrs. Ford, on the condition the above stated commitment of deeding 40 feet of even width off of and across the south side of said Lot 1 to the Town of North Salem in exchange for the vacation of the current right-of-way as described in Exhibit A is also recorded. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EMPLOYEE HEALTH INSURANCE
Jeff Fox, H. J. Spier Company, presented the Hendricks County Government Group Health Plan with total plan costs for 2001 through 2008 and explained. Mr. Fox presented two amendments to the plan and advised these amendments had been approved by the Council earlier this month: Amendment One (1) Eligibility, Enrollment and Termination of Coverage; and Amendment Two (2) Eligibility for Family and Medical Leave Act (FMLA).
Ron Love explained these two changes to the employee health policy. Commissioner Palmer moved to approve
Amendment No. 1 to the employee health insurance plan. Commissioner Whicker seconded the motion. There was discussion of the insurance issues and the board responsible for insurance issues. Mike Graham explained the make- up of the Insurance Committee. Commissioner Palmer withdrew her motion. Commissioner Whicker withdrew his second. Commissioner Palmer moved to table any action on the employee health insurance and to discuss with
Council during the joint meeting on May 14, 2009. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. It was the consensus of the Commissioners to add these two amendments for employee health insurance to the agenda for the May 14, 2009 joint meeting. Commissioner Palmer moved to recess the Commissioners’ meeting at 10:42 AM for the Tech Board. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker opened the Tech Board at 10:43 AM. TECH BOARD
Commissioner Whicker announced he had received word from John Parsons, Systems Administrator, they had nothing to bring before the Tech Board today.
Commissioner Wathen moved to adjourn the Tech Board at 10:44 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker reconvened the Commissioners’ meeting at 10:45 AM. WISHES TO BE HEARD – FARMERS MARKET
Dr. Charles Thomas, Chateau Winery, requested consideration from the Health Department regarding fees required for temporary food stands for each event. Dr. Thomas explained he is planning to host a weekly Farmers Market at his Winery in Plainfield and stated he has 37 vendors expressing an interest with several of them planning to serve food samples, however, the weekly fee of $25 per vendor is discouraging and he may not be able to host this event.
Cathy Grindstaff explained she had spoken with the Market Master, planner of this event for Mr. Thomas, and they were working to have all of the food vendors under one tent with a $25 charge each week for the entire tent with the cost being shared by all the vendors participating in the tent. She explained the fee was to cover the inspection by the Health Department in establishing clean and sanitary conditions in the interest of the health and safety of our citizens attending these events. Dr. Thomas said that the proposal outlined by Ms. Grindstaff would be fine. It was the consensus of the Commissioners for Dr. Thomas to continue working with the Health Department on this issue. IN THE MATTER OF TREASURER’S OFFICE
Treasurer Nancy Marsh presented an agreement with Government Payment Services, Inc. that would permit the
Treasurer’s office to accept credit cards at the counter in her office in payment of property taxes. She explained they need a third party to provide this service. Commissioner Palmer moved to adopt the agreement No. INO42809
Hendricks County Commissioners 01, for the Treasurer’s Office to accept credit cards in payment of property taxes and authorize the President to sign on behalf of the Commissioners. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
Treasurer Nancy Marsh explained a problem with tax bills that are not paid to the exact penny, stating the State requires all tax bills to be paid to the exact penny, and if they are not, the State requires the Treasurer to re-bill for the amount owed and issue a $5 late fee regardless of the amount. She stated in order to not upset the taxpayers the
Treasurer has reached into to her own pocket to cover some of these minor payment mistakes. Ms. Marsh stated she has looked at this problem and she could solve the problem with $225, which would enable any payment mistake ranging from 1 cent to $4.99 could be paid out of an account rather than re-billing. This would save significant dollars in processing and mailing the paperwork needed to correct the problem. She further stated there are a total of
144 payments with mistakes less than $5.00 and of these 144 mistakes there are 72 payments with errors less than 99 cents. Mike Graham stated the Commissioners have an inactive vending machine account # 237 with a balance of
$8,469 that could be used to clear the tax records. Commissioner Palmer moved to allow the Treasurer’s Office $225 from account No. 237 to pay unpaid tax bills of less than $4.99. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
Treasurer Nancy Marsh advised the property tax deadline would be September 10 and November 10, 2009. IN THE MATTER OF ORDINANCE NO. 2009-11 ORDINANCE FOR MAXIMUM SPEED LIMITS ON CR 1050E FROM CR 700S TO CR 800S
Commissioner Whicker stated a Public Hearing has been duly advertised for an Ordinance to establish a Speed
Limit on CR 1050E from CR 700S to CR 800S and opened the public hearing to establish a speed limit on CR 1050E from CR 700S to CR 800S. John Ayers presented a request initiated by Larry Ryan, who resides on CR 1050E.
Mr. Ryan stated this request is due to the number of speeders on this road and since there is no speed limit for this portion of the roadway asks that the county establish one. Mr. Ayers presented the April 1, 2009 Traffic Study conducted by the Engineering Department with the recommendation that although the 85th percentile suggests a 50 mph speed limit, due to the poor condition of the road and speeds that will only increase when the road is re-surfaced, he recommended that a 40mh speed limit be established. There was no public comment. Commissioner Whicker closed the public hearing for this request. Commissioner Whicker moved to adopt a 40 mph speed limit for CR
1050E from CR 700S to CR 800S, as recommended by the County Engineer, as Ordinance No. 2009-11.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF ORDINANCE NO. 2009-12 ORDINANCE FOR MAXIMUM SPEED LIMITS ON CR 900/925N FROM SR 39 TO CR 75E
Commissioner Whicker stated a Public Hearing has been duly advertised for an Ordinance to establish a Speed
Limit on CR 900/925N, from SR 39 to CR 75E and opened the public hearing to establish a speed limit on CR
900/925N from SR 39 to CR 75E. John Ayers presented this request stating that due to the hill which promotes higher speeds when eastbound on CR 900N, limited sight distance concerns, and a sharp change in alignment due to turns in the roadway there were concerns for a reduced speed limit. Mr. Ayers presented the March 25, 2009 Traffic
Study conducted by the Engineering Department with the recommendation the existing 50 mph speed limit for this road be lowered to 40 mph. There was no public comment. Commissioner Whicker closed the public hearing for this request. Commissioner Whicker moved to approve the reduction of the speed limit for CR 900/925N from
SR 39 to CR 75E, from 50 mph to 40 mph, as recommended by the County Engineer, as Ordinance No. 2009-12.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF ORDINANCE NO. 2009-13 ORDINANCE FOR MAXIMUM SPEED LIMITS ON VALLEY VISTA DRIVE IN VALLEY VISTA ESTATES
Commissioner Whicker stated a Public Hearing has been duly advertised for an Ordinance to establish a Speed
Limit on Valley Vista Drive in Valley Vista Estates and opened the public hearing for a speed limit on Valley Vista
Drive in Valley Vista Estates. John Ayers presented the results of a test drive using the Slope meter to determine a safe curve speed and the validity of the 30 mph speed limit in Valley Vista Estates it was determined that due to the gradual descending slope of Valley Vista Drive, the continuing development of Valley Vista Estates, and the high speeds possible, Valley Vista Drive should be re-posted with a 20-mph speed limit. There was no public input.
Commissioner Whicker closed the public hearing. Commissioner Whicker moved to approve the reduction of the speed limit on Valley Vista Drive in Valley Vista Estates from 30 mph to 20 mph, as recommended by the County
Engineer, as Ordinance No. 2009-13. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CYPRESS MANOR
Mike Graham presented a request from Judy White, Center Township Trustee, to admit John Clark Erskin as a resident in Cypress Manor. Mr. Graham relayed a brief history of this resident from James McBryant, Cypress
Manor Administrator, and advised this individual will be a temporary resident only staying about three months and will contribute 25% of his salary to Cypress Manor. Commissioner Palmer moved to approve this individual as a temporary resident in Cypress Manor, as recommended by the Cypress Manor Administrator. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
Mike Graham reported that according to James McBryant the State Law requires the Commissioners to visit the
County Home four times a year, however, the Commissioners have usually just visited the home once a year. He inquired when the Commissioners want to set up a visit for this year? It as the consensus of the Commissioners for
Mike Graham to work with James McBryant to establish a date for the Commissioners to visit Cypress Manor. IN THE MATTER OF EDIT POLICY
Mike Graham presented a draft of the proposed EDIT Policy which reflects the changes made at the last meeting and explained these changes. There was discussion about adjusting the proposed policy to cover water service and other infrastructure items as we are facing a problem at Exit 59 where Lauth was to pay for extending the water service and it may not be possible for them to do so in a timely manner. Mr. Graham stressed it may be necessary for the County to pay for the water extension. It was the consensus of the Commissioners to make these additional changes to the EDIT Policy and bring back next week. IN THE MATTER OF JAIL – VISITATION
Mike Graham reported that with the potential for problems with the H1N1 flu virus the Sheriff has put into place a
“no visitation” policy at the Hendricks County Jail. He stated other jails throughout the country are implementing similar visitation restrictions. IN THE MATTER OF CLERMONT HEIGHTS
Mike Graham reported he is in receipt of a complaint from the Surveyor’s staff regarding drainage problems inside Clermont Heights and because the Clermont Heights drainage system is not a legal drain the complaint falls into limbo. He stated drainage issues in Clermont Heights are a long standing problem and we currently have no solution. It was the consensus of the Commissioners to take the Clermont Heights drainage problems under advisement. IN THE MATTER OF SOUTH RIDGE DRAINAGE ISSUES – LARRY MITCHELL
John Ayers reported on drainage issues in South Ridge that was brought before the Commissioners by Larry
Mitchell on April 21, 2009. Mr. Ayers gave a brief history of the problem and presented a map of the area. Mr.
Ayers explained the pipe that was recently installed and stated all street and inlets are in place and are working. He further stated that replacing another pipe and opening up an enclosed ditch could help alleviate some of the drainage issues. It was the consensus of the Commissioners to install the new pipe in this area, as recommended by the County
Engineer, subject to the engineer’s discussion with Mr. Mitchell. IN THE MATTER OF BRIDGE INSPECTION BOOK
John Ayers reported he had received the new 2008 Bridge Inspection Book and would be bringing a copy to the
Commissioners’ office. IN THE MATTER OF ROAD PAVING
John Ayers advised he, Martin Summers, Highway Superintendent, and Jerry Sparks, Assistant Highway
Superintendent, are working on paving for this year and they have received a report from Milestone recommending a change in paving that would be a savings to the County. He stated he has requested a letter from Milestone on the
Recycled Asphalt Pavement content of this paving mix. It was the consensus of the Commissioners for John Ayers to further investigate this mix content for paving of County roads. IN THE MATTER OF GOVERNMENT CENTER - CARPET REPLACEMENT
John Ayers advised he had contacted the only bidder that had expressed an interest in the carpet replacement in the Government Center and explained that due to confusion in the language of the notice they were going to re- advertise bids for carpet replacement in the Government Center. Commissioner Wathen moved to terminate the bid notice for replacement of carpet in the Government Center and not accept any bids as we will start the bid process over. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Mr. Ayers presented a new revised Notice to Bidders for replacement of carpet in the Government Center to be legally advertised and requested to advertise the bids to be opened June 9, 2009. It was the consensus of the Commissioners to re-advertise the Notice to Bidders for the Government Center carpet replacement for June 9, 2009 bid opening. IN THE MATTER OF BRIDGE NO. 127
John Ayers presented the April 30, 2009 letter from INDOT advising we had been awarded $868,000 in Federal
Highway Administration Bridge funds for replacement of Bridge No. 127, located north of Amo on CR 475 W.
Mr. Ayers stated these Federal funds will cover 80% of this bridge project and the County will fund the remaining
20% from cum bridge funds. IN THE MATTER OF BRIDGE NO. 272
John Ayers explained the replacement process for Bridge No. 272, located on CR 550W over the CSX tracks, as this is listed as a historic bridge, however, it is a reinforced concrete girder bridge that is in dire need of replacement.
It was the consensus of the Commissioners that this bridge needs to be replaced. Mr. Ayers presented a contract with USI for the survey, preliminary design and environmental study for this bridge in the amount of $85,700.
Commissioner Wathen moved to approve and sign the contract with USI for survey, preliminary design and environmental study in the amount of $85,700 for Bridge No. 272 on CR 550W over the CSX tracks. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence: None
Action needed/taken on the following:
1. Checks received and signed to the county: a. Embarq Management Company $1,286.84 E911 Surcharge
2. Whicker signed vehicle titles for the following:
a. 2008 Ford Crown Victoria Sheriffs’ Department
3. Documents needing action: None IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the April 27 to May 1, 2009 Highway report from Martin Summers, Highway
Superintendent. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the April 27 through May 1, 2009 Human Resources report from Ron Love, Human
Resources Director. IN THE MATTER OF ANIMAL CONTROL
Receipt was acknowledged of the April 28, 2009 letter to Mary Anne Lewis, Chief Animal Control Officer, from
Wendy Smith, President Hendricks County Humane Society, advising of their plan to advertise a rebate to those who adopt a pet from the Hendricks County Animal Control/Shelter during the months of May and June 2009. The letter stated this rebate will only be between the adopters and the Hendricks County Humane Society, relieving the Animal
Control staff of any time consuming tasks that may take away from regular procedures during the adoption process.
The Hendricks County Humane Society will provide flyers promoting this rebate. Mike Graham stated he had talked with Ms. Lewis and she is agreeable with this adoption plan. IN THE MATTER OF AIRPORT
Commissioner Whicker announced they had received an invitation from Al Bennett, Member of Indianapolis
Airport Authority, to meet at 1:30 PM at the Gordon Graham Field to be introduced to John Clark, Chief Executive
Officer Indianapolis Airport Authority. Commissioners Whicker and Palmer indicated they planned to attend. IN THE MATTER CONSERVATION CLUB DAM
Receipt was acknowledged of the April 24, 2009 letter from DNR advising the Division of Water has received a copy of the second biennial inspection report for the Conservation Club Dam.
Mike Graham reported that Dennis Dawes, Hendricks Regional Health CEO, has given assurance the Hospital is still interested in buying some surplus County property north of the Highway garage and they have now retained a surveyor to make a recommendation on the amount and the configuration of the property they may buy. Mr. Graham stated they will contact us after they receive a recommendation.
Greg Steuerwald advised the Conservation Club has breached their contract by not maintaining the Conservation
Club Dam and he will need to continue to study this issue. IN THE MATTER OF COMMUNICATIONS CENTER
Commissioner Whicker announced the Hendricks County Communications Center has an evaluation team on site this week and they are in the process of certifying the center for an accreditation. ------IN THE MATTER OF EMERGENCY MANAGEMENT COUNCIL
Commissioner Wathen stated he and Councilman Jay Puckett met to discuss the Emergency Management Council.
He stated they recommend the Emergency Management Council should consist of a Commissioner, a Council
Member, the Sheriff, a representative from the Police Association, a representative of the Firemen Association, a representative from Hendricks Regional Health, a representative from the big towns, a representative from the smaller towns and the Emergency Management Director for a nine member board. IN THE MATTER OF SENIOR SERVICES
It was acknowledged that Beth Ann Leach, Senior Services, hand delivered an invitation to each of the
Commissioners for a Strengths, Weaknesses, Opportunities and Threats Workshop on Wednesday, May 13, 2009 in Indianapolis, hosted by the Central Indiana Regional Transportation Authority.
Commissioner Palmer moved to adjourn the Commissioners’ meeting at11:50 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member ATTEST: ______Judith Wyeth, Deputy Auditor
May 12, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, May 12, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor Paul T. Hardin Hendricks County Recorder John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners James McBryant Cypress Manor Administrator Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Palmer moved to approve the minutes of May 5, 2009 as corrected. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #194484 thru 194760, #194477 thru 194883. #194426 thru 194439, #093036 thru 093166 and direct deposits #0408993 thru 048972, as advertised. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Wathen advised he would be meeting on May 21, 2009 with a potential developer at Exit 59.
Mike Graham stated the Memorandum of Understanding (MOU) with Kite for Exit 59 had not yet been executed.
Mike Graham reported no permits have been requested by representatives of Love’s Truck Stop. There was discussion of obtaining permits for development at Exit 59 before the sewer lines were in the ground. John Ayers explained the process the Plan Administrative Staff approved for Love’s Truck Stop.
John Ayers presented a Contract Amendment #1 EDS #A249-09-430692, a programmed Road Rehabilitation project (Des. No. 9608950) on SR 39 in front of the Westpoint Business Park, near Exit 59, and stated Hendricks
County is working with the State of Indiana on this project. Commissioner Palmer moved to approve the Amendment
#1 EDS #A249-099-320692 between Hendricks County and INDOT for SR 39 and authorize the President to sign on behalf of the Commissioners. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers gave a list of dates that would be involved in the approval process of funding for the Ronald Reagan
Parkway from US 36 to CR 100S by the MPO and stated that these will all be completed by the end of June.
John Ayers presented a draft letter to Congressman Steve Buyer thanking him for his continued support of the
Ronald Reagan Parkway and requesting consideration of the SAFETEALU reauthorization funding request for the
Ronald Reagan Parkway between CR 100S and CR 200S. It was the consensus of the Commissioners to approve the letter to Congressman Buyer and authorize the President to sign on behalf of the Commissioners. IN THE MATTER OF JUDICIAL CENTER
John Ayers advised there was nothing new to report on the judicial center. Steve Craney, Banning Engineering, stated the next meeting of the Advisory Committee for the judicial center will be Thursday, June 11, 2009 at 7 PM in the Government Center. IN THE MATTER OF MABEL LEINEWEBER
Ms. Mabel Leineweber, 5757 E CR 800S, Mooresville, came forward as a :”Wishes to be Heard”, to comment on the process of releasing names of individuals filing complaints about neighbors that were not in compliance with the
Zoning Ordinance and the County’s delay in enforcement. Greg Steuerwald explained that the procedure had changed over the years regarding releasing the complainant’s name, however, he will research the questions and report back to Ms. Leineweber. Mr. Steuerwald also explained the County’s process of working with neighbors to bring them into compliance and stated the County does not have sufficient funds to actively enforce fines against citizens, but does work with them. Commissioner Whicker stated they will check with Paul Wilson, Zoning
Inspector, on the status of the complaint filed by Ms. Leineweber. IN THE MATTER OF B&O TRAIL
Diana Virgil, President B&O Rails to Trails, presented the purchase sale agreement with the CSX Transportation,
Inc. for the purchase of 179.825 acres, more or less, in the amount of $1,677,000.00, to be used for development of the B&O Trail through Hendricks County. Greg Steuerwald stated he had reviewed the agreement. Commissioner
Palmer moved to approve the Purchase Agreement for 179.825 acres from the CSX Railroad in the amount of
$1,677,000.00 and authorize the President and Vice President to sign on behalf of the Commissioners. Commissioner
Wathen seconded the motion and the motion was approved unanimously 3-0-0.
Diana Virgil explained the phases of the proposed B&O Trail and advised they are working with the Town of
Brownsburg as a portion of the trail is in Brownsburg and of the two bridges they will need to build. Ms. Virgil gave the dates and schedule they need to meet in order to be eligible for ARRA (stimulus) funds for construction and stated they need $30,000 in local funds in order to expedite the design and permitting required. She stated the remainder of the design cost can be paid from Federal Aid Transportation Enhancement funds, but the contract will not be approved by INDOT for some time. She also stated she had attended a Park Board meeting and talked with Bill
Roche, Park Superintendent, requesting financial support from the Park Board. John Ayers explained the Park Board will soon have the bid opening for the bridge at McCloud Park and they will know their financial situation when they see where the bids come in. He indicated if the bids are lower than anticipated the Park Board may have funds to help the B&O trails with their initial $30,000 in design fees. Mr. Ayers also relayed comments from his discussion with
DNR regarding the ARRA funds.
John Ayers stated the soils tests are required before the Purchase Agreement is finalized and stated they have advertised for proposals for soil sampling and testing as required by the Purchase Agreement with CSX Railroad and received responses from the following vendors:
PSI Alt and Witzig Chicago Testing Lab ATC Patriot Engineering Testech IWM K&S Engineering
There was discussion of using out of state firms. It was the consensus of the Commissioners for the Engineering Staff to review proposals for soil testing for the B&O Trail and make a recommendation.
IN THE MATTER OF CYPRESS MANOR - FSSA CONTRACT
James McBryant presented the FSSA contract for Cypress Manor and explained a small change. Greg Steuerwald advised he had reviewed this contract, but requested to delay this contract one week due to some insurance questions he had and stated he is working with Rich Jensen, Stevenson-Jenson, on these issues. Commissioner Palmer moved to table the FESS contract with the State of Indiana for Cypress Manor, as requested by the County Attorney.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF MULTI HAZARD MITIGATION POLICY
Commissioner Whicker announced we had received word from the Emergency Management Director they had not received the Multi Hazard Mitigation Policy, therefore, it had not been advertised for a public hearing. It was the consensus of the Commissioners to take the Multi Hazard Mitigation Policy off the agenda until they were ready to present. IN THE MATTER OF EMPLOYEE APPRECIATION DAY
Receipt was acknowledged of an email from Amanda Jensen, Executive Director Greater Danville Chamber of
Commerce, advising that the Town of Danville, Danville Chamber of Commerce and the Convention and Visitor’s
Bureau plan to host the second annual Employee Appreciation picnic lunch on the Courthouse square and requesting approval to set the band students up on the Courthouse lawn and to borrow chairs from the Courthouse on Friday,
May 15, 2009. It was noted Ms. Jensen made this same request last year. Commissioner Palmer moved to approve the use of the Courthouse lawn on Friday, May 15, 2009 for the Danville sponsored Employee Appreciation Day and request that the lawn be left clean. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF FLEET MANAGEMENT
Mike Graham reported that he, Commissioner Palmer and Terry Kennard met to discuss our fleet management policies, or the lack of policies. He reported they agreed that we need to put into place written policies for the purchase, maintenance and disposal of the civilian fleet vehicles. Mr. Graham stated that one of the first steps is have
Terry Kennard to meet and interview the Department heads to get an understanding of the need and the type of vehicles wanted and further stated these interviews will be done in all departments that use vehicles except the
Highway and the Sheriff. Commissioner Palmer stressed the need to establish a fleet policy. It was the consensus of the Commissioners for the Committee to proceed developing a fleet management policy for the County’s civilian fleet vehicles. IN THE MATTER OF HENDRICKS COUNTY EAST CAMPUS – EXPO HALL
Mike Graham stated he had received an email from Sheriff David Galloway asking the Commissioners to please plan an alternative storage building before the Exhibition Hall is torn down at the East Campus. He stated the
Sheriff’s Department has increased the use of this building for the storing of recovered property from burglaries and seized property from drug enforcement and stressed the building is important to the Sheriff and other departments.
Mr. Graham further advised the alternatives are to relocate the proposed road or find another storage building. There was discussion of other available space for storage. It was the consensus of the Commissioners for the Engineering
Department to check other available buildings in the area that could be used for storage by the Sheriff’s Department. IN THE MATTER OF EDIT POLICY
Mike Graham presented another draft of the proposed EDIT policy and explained it has been expanded to include other infrastructure improvements. There was discussion of these suggested changes. It was the consensus of the
Commissioners for Mike Graham to make these changes, as discussed, and to bring back for further consideration. IN THE MATTER OF ENERGY GRANT
Mike Graham reported that Jim Andrews, Assistant County Engineer, has registered the County for the energy grant stimulus money and stated the next step is to hire a consultant to develop an energy strategy that will satisfy the
Energy Department. There was discussion on what process to use to select a consultant. It was the consensus of the
Commissioners tor Mike Graham and John Ayers to meet with several consultants, both in state and out of state, and to report back. ------IN THE MATTER OF LAWN MOWERS
Mike Graham reported Elvin Cassity, Custodial Superintendent, has evaluated the large golf course lawn mower that Commissioner Wathen recommended and he feels the mower is too big for his needs. He has obtained some prices from Edwards Equipment Co. in Danville:
Kubota 27 HP 54” ZG 227 C Grade Commercial Mower $7,500 Kubota 22 HP 48” ZG 222 C Grade Commercial Mower $6,899 Land Pride 54” ZXT Pro C Grade Commercial Mower $7,100 Gravely 25 HP 52” ZT 2552 Heavy Duty Grade $5,099 Gravely 27 HP 60” ZT 2760 Heavy Duty Grade $5,659
Mr. Graham stated Mr. Cassity is recommending the $7,500 Kubota. Commissioner Whicker moved to approve the purchase of a mower up to $7,500 from Edwards Equipment. Commissioner Wathen seconded the motion and the motion was approved 2-1-0 with Commissioners Whicker and Wathen voting aye and Commissioner Palmer voting nay. Attorney Greg Steuerwald requested Mr. Cassity to obtain two additional quotes from other vendors for comparison before the mower is purchased. IN THE MATTER OF ORDINANCE 2009-14 VACATION OF STREET IN NORTH SALEM
Attorney Ben Comer sent notice that the request he presented last week on behalf of George and Peggy Ford for a street vacation in North Salem, and was approved, should have been in the form of an ordinance. It was noted that
Mr. Comer has now presented this form for Commissioners’ signatures and the assignment of an ordinance number.
It was the consensus of the Commissioners to ratify the action taken May 5, 2009 on the request of George and Peggy
Ford for a street vacation within the Town of North Salem, pursuant to the public hearing, and to assign Ordinance
No. 2009-14: Vacating of Public Street Right-of-Way. IN THE MATTER OF VETERANS AFFAIRS
Receipt was acknowledged of the April 2009 monthly Veterans report from Lori Turpin, Service Director. IN THE MATTER OF POLICE MEMORIAL SERVICE
Receipt was acknowledged of an email from the Sheriff’s Department advising they are planning their annual
Police Memorial Service at noon on Friday, May 15, 2009 in the Courthouse rotunda. A request was also received from Megan Morgan, Jail Matron, for a Proclamation and a request for a Commissioner to read this Proclamation during the program. Commissioner Whicker read the following proclamation:
PROCLAMATION DECLARING
MAY 11 THRU MAY 17, 2009 NATIONAL POLICE WEEK AND MAY 15, 2009 POLICE MEMORIAL DAY
WHEREAS, the Congress of the United States of America has designated the week of May11, 2009 to be dedicated as “National Police Week” and May 15, 2009, to be designated “Police Memorial Day”, and
WHEREAS, the law enforcement officers are our guardian of life and property, defenders of individual rights, warriors in the war against crime and dedicated to the preservation of life, liberty and the pursuit of happiness, and
WHEREAS, the County of Hendricks desires to honor the valor service and dedication of its own police officers, and
WHEREAS, it is known that every two days an American Police Officer will be killed in the line of duty somewhere in the United States and 136 officers will be seriously assaulted in the performance of their duties, our community joins with other cities and towns to honor all peace officers everywhere, and
We therefore proclaim the week of May 11 to May 17, 2009, to be Police Week and call upon all our citizens in this community to especially honor and show our sincere appreciation for the police officers of this city/county who serve and protect our loved ones, property and government against all who would violate the law.
Signed this 12th day of May, 2009, at the County of Hendricks, State of Indiana in the witness thereof the seal of Hendricks County and the signatures of the county are affixed.
David A. Whicker, President SEAL Signed Phyllis A. Palmer, Vice President Eric Wathen, Member
Commissioner Palmer moved to approve and sign the proclamation for Police Memorial Day. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Palmer volunteered to read the proclamation during the May 15, 2009 Police Memorial program. IN THE MATTER OF VETERANS AFFAIRS
Receipt was acknowledged of the April 2009 monthly Veterans report from Lori Turpin, Service Director. IN THE MATTER OF CLAIM – LITTLETON AND SONS SAND & SUPPLY
Receipt was acknowledged of a Notice of Claim from Rubin & Levin, A Professional Corporation, relative to
Littleton and Sons Sand & Supply, Inc. vs Rhino Excavating, for $20,469.92 professional services performed on the construction project known as Hendricks Regional Health Northwest Expansion. It was noted the original was hand delivered to Rich Jensen and a copy faxed to Greg Steuerwald. IN THE MATTER OF CLAIM – GLADYS M. DEEMS
Receipt was acknowledged of a Notice of Claim from Howard & Lawson, Attorneys at Law, relative to incident of
Gladys M. Deems on November 3, 2008, with the Washington Township/Avon Fire Department. It was noted the original was hand delivered to Rich Jensen and a copy faxed to Greg Steuerwald. IN THE MATTER OF JOINT MEETING
Commissioner Whicker announced the Commissioners and Council would hold a joint meeting at 4 PM on
Thursday, May 14, 2009 in the Hendricks County Government Center. IN THE MATTER OF CONSTRUCTION INSPECTIONS
John Ayers presented an agreement with Crawford, Murphy and Tilly for on-call part-time construction inspections through December 31, 2011 with the standard schedule of hourly charges effective January 1, 2009.
Commissioner Wathen moved to approve the construction inspection agreement with CMT and to execute the agreement. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
IN THE MATTER OF CR 700N - CLOSING
John Ayers reported INDOT would be closing CR 700N, east of SR 267, over this next week-end and they have requested to route traffic over CR 900E and 56th Street (CR 600N) as a detour. Mr. Ayers explained the County would have no liability with this detour. It was the consensus of the Commissioners to approve the request of INDOT to use CR 900E and 56th Street as a detour this week-end while CR 700N was closed for repair. IN THE MATTER OF COUNTY TELEHONES
John Ayers explained that due to the large number of calls to 911 from County telephones as a result of employees misdialing the prefix #9 for outside lines they have now changed the prefix to #7 for all outgoing calls. IN THE MATTER OF MUSEUM
John Ayers gave a brief update on the paving and concrete work being done at the Hendricks County Museum.
Mr. Ayers stated that the Town of Danville is paying for the new alley at the museum.
Commissioner Whicker stated the museum staff is very pleased with working with the Engineering Department on improvements at the museum. IN THE MATTER OF NORTHERN ACRES
Commissioner Wathen inquired the status of drainage issues in Northern Acres. John Ayers responded they are waiting for Brownsburg to complete their sewer project before starting on the drainage issues. IN THE MATTER OF TILDEN TERRACE
John Ayers advised they have received plans to correct drainage problems in Tilden Terrace and he will review these plans and then bring back with a bid date to resolve this problem. He further stated he plans to let the bid in
June 2009. IN THE MATTER OF CLERMONT HEIGHTS
There was discussion of drainage problems in Clermont Heights. Mike Graham advised Clermont Heights is still under advisement. IN THE MATTER OF CR 200S
Commissioner Palmer stated CR 200S between CR 800E and CR 900E is in bad shape and in need of repair.
John Ayers stated he thought this portion of CR 200S is partially within the Town of Avon and he will check and if it is in Avon he will report this to them for their consideration. IN THE MATTER OF RECORDER’S OFFICE
Recorder Paul T. Hardin advised all of the records in the Recorder’s Office went on line in February and as of this date they have netted $1,200 for their department. IN THE MATTER OF CLERK’S OFFICE
Receipt was acknowledged of an email from Clerk Cindy Spence advising of her expenditure of $35 to resolve her space problem with the purchase of four used metal bookcases and three used wooden bookcases from Indiana
State Surplus Furniture. The Commissioners commended Ms. Spence on her watchful spending of taxpayers’ money. IN THE MATTER OF EMERGENCY MANAGEMENT BOARD
Commissioner Wathen announced the Emergency Management Board will meet on Thursday, May 24, 2009 to decide the make-up of this board. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
a. Birch telecom, Inc. $223.82
2. Whicker signed vehicle titles for the following:
3. Documents needing action: None . IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the May 4 through May 8, 2009 Highway report from Martin Summers, Highway
Superintendent. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the May 4 through May 8, 2009 Human Resources report from Ron Love, Human
Resources Director.
Commissioner Palmer moved to adjourn the Commissioners’ meeting at 11:15 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
May 14, 2009
The Hendricks County Board of Commissioners and County Council met in a joint session on Thursday, May 14, 2009 at 4:00 PM in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Larry Hesson ) Phyllis A. Palmer ) Hendricks County Commissioners Nancy Johnson ) Council Brad Whicker ) Nathaniel Woods ) Cinda Kattau Hendricks County Auditor Richard A. Thompson ) Michael Graham Administrator to Commissioners Myron Anderson ) John Ayers Hendricks County Engineer Jay Puckett ) Note: Commissioner Eric Wathen did not attend this meeting.
Larry Hesson opened the Council Meeting with a quorum of all seven Council members present.
David Whicker opened the Commissioners’ Meeting with a quorum of two Commissioners present.
Larry Hesson led the Pledge to the Flag in unison.
Greg Guerrettaz advised they have had several meetings to work and discuss TIF’s and stated it looks positive at this time. Mr. Guerrettaz stated he is checking to see if the Lauth bankruptcy will have any effect on their proposed Westpoint Business Park development at Exit 59. He also explained Lauth bought their own bonds, therefore, the County has no financial involvement with the bonds at Exit 59. Mr. Guerrettaz explained the Hendricks County Regional Sewer District is financing the sewers that are being installed at Exit 59 and the
County is not financially impacted on these.
Greg Guerrettaz stated the Comprehensive Financial Plan is on hold until the 2009 Budget Order for DGLF is completed.
Mike Graham stated they felt very positive about receiving funding for the Ronald Reagan Parkway from US
36 to CR 100S, over the CSX rail tracks. Mr. Graham explained the stimulus distribution and the Metropolitan
Planning Organization (MPO) has removed the Ronald Reagan Parkway from the stimulus list and moved it to the regular scheduled list and we are now working through the process with the MPO for 2010 funding for this portion of the Ronald Reagan Parkway.
John Ayers announced the next meeting of the Advisory Committee for the judicial study will be June 11,
2009 in the Government Center. Phyllis Palmer stated the Committee was given a tour of the Courthouse and some concerns and needs were explained to them.
Mike Graham explained the option of the clinic concept for employee health insurance and stated that several Commissioners and Council Members toured the Brownsburg School Clinic on April 30, 2009 with
Marvin Ward, Brownsburg Financial Advisor, to see the clinic concept first hand. Mr. Graham advised they are looking at possibly partnering with Hendricks Regional Health rather than Novia as it would possibly be more cost effective and could be a good working relationship in the community. Phyllis Palmer explained some matters she felt were advantageous for the employees and the County health plan financially and also some concerns she had if the clinic concept was adopted. Mr. Graham stated this could not be worked out before early 2010 and asked for some representatives of the Council to meet with representatives of Hendricks
Regional Health to discuss this issue. Larry Hesson and Jay Puckett volunteered to meet with Hendricks
Regional Health on this issue. There was discussion on several issues, concerns and questions to be resolved.
Ron Love explained the current policy for replacing vacant positions in County Government. There was discussion of the procedures for replacing vacant positions in County Government and the process of determining the positions that needed to be replaced and the positions that could be eliminated, combined or reduced hours. It was the consensus of the Commissioners and Council for Mike Graham and Ron Love to draft a memo on the decision making process of positions to be replaced for consideration at the next meeting.
Ron Love presented the 2009 Hendricks County Salary Ordinance and advised there are usually 26 pays per year, however, this year there will be 27 pays and these 27 pays are included in the salaries listed in the ordinance. He further stated these salaries have been Council approved and the Auditor has made adjustments on all salary lines for 2009. David Whicker moved to approve the Salary Ordinance, as presented, and advertise as Ordinance No. 2009-15, Myron Anderson seconded the motion and the motion was approved 9-0-0.
Ron Love explained the changes in the amendments for employee health insurance There was discussion of these changes and of the need to have a Commissioner on the Insurance Committee in order for them to be informed when insurance issues come to them for approval and execution. It was the consensus of the Council to revisit the composition of the Insurance Committee and add to the June 11, 2009 Council agenda.
Phyllis Palmer referenced the April 18, 2009 Metro West article in the Indianapolis Star and regarding
IndyGo and explained concerns that the County was not represented in any discussion on transportation. Larry
Hesson stated he has attended meetings for transportation and explained the proposed bus service to Hendricks
County. He stressed this would involve Avon, Brownsburg, Danville, Plainfield and the County with a central pick-up/delivery spot in the County and the communities would have a financial commitment if the ridership does not support the project.
There was discussion of the visit to the Work Release Center prior to the Council meeting today. It was the consensus of the Commissioners and Council to ask Bridgett Collins to give an update on the Work Release
Center and invite Todd McCormack, Probation Department and a judge to discuss occupancy plan at the next joint meeting.
There was discussion of the next joint meeting. It was the consensus of the Commissioners and Council to move the July 9, 2009 Council meeting to 1:30 PM followed by the Joint meeting at 3:30 PM on that date.
Phyllis Palmer moved to adjourn the Joint meeting at 5:05 PM. Jay Puckett seconded the motion and the motion was approved unanimously 9-0-0.
______David A. Whicker, President Larry Hesson, President
______Phyllis Palmer, Vice President Dick Thompson, Vice President
______Eric Wathen, Member Myron Anderson, Member
______Cinda Kattau, Auditor Nathaniel Woods, Member
______Judith Wyeth, Deputy Auditor Brad Whicker, Member
______Nancy G. Johnson, Member
______Jay Puckett, Member
May 19, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, May 19, 2009, with a quorum of two (2) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Tyler Starkey Acting Hendricks County Attorney John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Ron Love Hendricks County Human Resources Director James McBryant Cypress Manor Administrator Jim Richards Hendricks County Assistant Engineer Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Palmer moved to approve the minutes of May 12, 2009 as corrected. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0. IN THE MATTER OF CLAIMS
Commissioner Palmer moved to approve Claims #194754 thru 194773 and 194777 thru 194766 as advertised.
Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0. IN THE MATTER OF EXIT 59
Mike Graham stated they are still negotiating the Memorandum of Understanding (MOU with Kite for their proposed development at Exit 59.
Commissioner Whicker reported that construction of the sewers at Exit 59 continues and reported that during the
Regional Sewer Board meeting this morning Greg Guerrettaz, Financial Solution Group, presented a preliminary study of sewer rates. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers reported the Metropolitan Planning Organization (MPO) met to consider the amendments to the
Transportation Plan to include funding for the Ronald Reagan Parkway
John Ayers stated he plans to have the section of the Ronald Reagan Parkway from US 36 to CR 100S on the
August bid letting as the only outstanding item is the railroad right-of-way and stated he is working with the railroad for a right-of-entry to enable us to proceed on a timely manner. Mr. Ayers presented a railroad agreement for execution at a cost of $472,611 and stated this is required before letting, noted this agreement has been signed by
CSX and stressed this is the standard railroad agreement. Commissioner Palmer moved to approve the agreement covering construction of Bridge No. 208 over the CSX tracks in Avon in the amount of $472,611. Commissioner
Whicker seconded the motion and the motion was approved unanimously 2-0-0.
Receipt was acknowledged of the April 2009 APPIAN report for the Ronald Reagan Parkway, from Dennis
Faulkenberg, APPIAN President. IN THE MATTER OF JUDICIAL CENTER
John Ayers stated the next meeting of the Advisory Committee for the judicial center is June 11, 2009 at 7 PM in the Hendricks County Government Center.
IN THE MATTER OF ENERGY GRANT
John Ayers introduced Jeff Metcalf, Director of Business Development for AMERESCO, to explain the changes on the Energy Block Grant and to offer assistance to the Engineering Department on their study and grant application for Federal funding. Jim Andrews, Assistant Engineer, stated the Engineering Department has started working on the grant process as they need to meet the June 29, 2009 deadline. John Ayers advised he has been contacted by three other firms offering assistance in the energy grant application process. Mike Graham also advised that representatives of Duke Energy have indicated they would like to be involved in this process. It was the consensus of the
Commissioners for John Ayers to contact the other vendors and invite them to bring a presentation on the application for the Energy Block Grant before the Commissioners. IN THE MATTER OF EMPLOYEE HEALTH INSURANCE
Mike Graham explained the Amendment #2 to the employee health benefits had been previously approved by the
Council, however, the Commissioners were to sign the amendment and they had discussed the issue with the Council during the May 14, 2009 joint meeting. Commissioner Palmer stated that after discussing this matter with the Council she would move to approve Amendment #2 of the employee health benefits and authorize the President to sign on behalf of the Commissioners. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0.
Ron Love explained the Family and Medical Leave Act (FMLA) and the changes in this portion of the employee health insurance plan. Commissioner Palmer moved to approve and adopt the FMLA amendment, effective May 19,
2009, and include in the Employee Handbook. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0. IN THE MATTER OF EMERGENCY MANAGEMENT ADVISORY COUNCIL
Mike Graham reported that he, Commissioner Wathen and Councilor Puckett had met with a group of interested individuals to discuss the composition of the Emergency Management Advisory Council (EMAC) and explained their proposed 14 member committee. He stated this would consist of the following:
1 Commissioner 1 Council Member
1 representative from: Sheriff Department Hendricks Regional Health Communications Representative from small towns (not listed below)
2 Representatives from each of the following towns: Avon Brownsburg Danville Plainfield
There was discussion of the selection of these representatives. Mr. Graham explained the EMAC would submit names for a representative from small town police or fire and the Commissioners would make the final decision on this appointment. He stressed others would be appointed by the respective agencies. It was the consensus of the
Commissioners for Mike Graham to draft an ordinance clarifying the process for appointments and bring back the ordinance for further consideration IN THE MATTER OF NITU FAMILY - CREEKWOOD ESTATES
Mike Graham explained the Commissioners signed an October 14, 2009 letter supporting an Emergency
Watershed Protection grant for the Nitu family. The Nitu family lives in Creekwood Estates, which is north of
Brownsburg, on the north side of CR 700N approximately ½ mile west of SR 267. On the Nitu property there is a serious stream bank erosion problem along White Lick Creek and if left unchecked the stream bank erosion will take their house. Mr. Graham advised he has been informed the Nitu family has received the grant and explained the
Natural Resources Conservation Service requires a local sponsor and stated the Commissioners are considered the local sponsor because of the October 14, 2008 letter. The October 14, 2008 letter did not commit the County to be a sponsor, but if the County does not become the sponsor it is unlikely the Nitu family will be able to solve this serious erosion problem. The program requires the sponsor pay the cost of the improvements and then the Federal government reimburses for the work. There is an engineer’s estimate to solve this problem. Mr. Graham also stated that in addition to up fronting the cost of the project the Commissioners would need to go through the bid process. The grant requires ¼ of the cost to be local dollars which would be paid for by the Nitu family. He stressed that before a bid would be awarded the Nitu family would need to deposit their amount of money into an account that the County controls. A primary challenge for the County is paying the cost of the construction and then waiting for reimbursement by the Federal Government. It was the consensus of the Commissioners for Mike Graham to bring the necessary forms for this project for further consideration and for John Ayers to check on the permit process and to set a wage hearing for this project. IN THE MATTER OF LAWN MOWER
Mike Graham advised that Elvin Cassity, Custodial Superintendent, has received two additional quotes for lawn mowers. He received a quote from Plainfield Equipment for a 23 horse power Kawasaki, with a 54” deck for $7,299.
He obtained a quote from Indy Tractor in Mooresville for a 25 horse power John Deer with 54” deck at $7,999. He stated the Kubota that the Commissioners authorized Mr. Cassity to buy is 27 horses with a 54” deck for $7,500. The listed price for the Edwards Equipment Kubota is $9,700 and with a government discount and trade in the price was reduced to $7,500. Mr. Graham stated that based upon Edwards Equipment history of good service and their location in Danville the Kubota is the best buy. No further action was needed. IN THE MATTER OF GIS
Mike Graham reported that last year we received a grant from the State to share our GIS information with them with a part of the grant to be used for providing a link between the State and the County GIS system and the remaining portion spent to improve the County’s GIS system. He stated we have been evaluating how to spend the grant and currently support a couple of software systems used for the County GIS. However, our big expense is paying Manatron (Manatron bought out our former vendor Plexis) about $31,000 per year to support our GIS web site. Mr. Graham stated the Schneider Corporation and 39 Degrees North, LLC are two firms that focus their efforts on GIS and recommend we evaluate getting a new GIS product. He stated to begin the process, he would like John
Ayres to interview the various Department Heads to determine what they would like to see in a GIS system and then after the interviews, we could develop a proposal to be used in the process of selecting a GIS system. It was the consensus of the Commissioners for Mike Graham and John Ayers to proceed to interview Department Heads regarding the GIS system. IN THE MATTER OF POLICY ON USE OF EDIT FUNDS
Mike Graham presented a revised Policy on Use of EDIT Funds for consideration and explained. It was the consensus of the Commissioners to add the Policy on Use of EDIT Funds to the May 26, 2009 agenda for further consideration. IN THE MATTER OF SR 39 CLOSING
John Ayers presented a Letter of Understanding from INDOT relative to Unofficial Local Detour of SR 39, due to closing SR 39for pavement replacement. The letter indicated the official detour will follow I-70, SR 267 and SR 42.
The mutually acceptable unofficial local detour is on CR “0” and presented a map showing the unofficial local detour which will not be signed as a detour, however, the local agency will be responsible for any additional desired signing
(i.e. weight restrictions, trail blazing & etc.). The contractor is expected to begin construction July 2009. It was noted INDOT agrees to reimburse Hendricks County for the cost related to damage repair on CR “0” while it is being used as the unofficial local detour and all reimbursable work must be approved by INDOT before the initiation of any repair work. Mr. Ayers stated INDOT will also replace some structures on SR 39, trim trees and do shoulder work along with this pavement project. Commissioner Palmer moved to approve and execute the Letter of Understanding with INDOT and Hendricks County for Unofficial Detour on CR “0”while SR 39 is closed for repaving
Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0.
Commissioner Whicker acknowledged receipt of the Legal Notice of Planned Improvement from INDOT for the proposed five small structure replacements on SR 39 over an Unnamed Tributary to West Fork White Lick Creek.
This project is located from 1.35 miles south to 3.92 miles south of US 36 in Hendricks County with the projected length of about 0.572 miles. These five small structures will be replaced with a precast reinforced concrete box culvert and will provide a clear roadway width of 30 feet and the roadway approaches will provide two 11-foot travel lanes with 4-foot shoulders. IN THE MATTER OF BRIDGE NO. 188 AND BRIDGE NO. 38
John Ayers advised the wage scale approved on June 8, 2008 for replacement of Bridge No. 188 on CR “0”, located in Liberty Township over Branch of Mud Creek, and replacement of Bridge No. 34 on CR 700N, located in
Brown Township over School Branch, is in effect for one year and will expire on June 8, 2009. He stated a new wage hearing to determine a wage scale for these two bridge projects will need to be scheduled and they will work on setting up this wage hearing. IN THE MATTER OF INDOT TRAINING
John Ayers reported INDOT will be hosting seminars for training on the new INDOT process for submitting projects and that he and Assistant Engineer Jim Andrews are planning to attend. IN THE MATTER OF 56TH STREET
John Ayers stated the 56th Street project has been delayed due to wet issues as a result of the recent weather, however, it is on schedule and may even be completed ahead of schedule. IN THE MATTER OF TILDEN TERRACE
John Ayers reported Banning Engineering has completed the engineering to resolve drainage issues in Tilden
Terrace and it is ready to go to bid. He explained he had returned funds at the end of the year 2008 as they did not have the contracts required by the State Board of Accounts to encumber funds, therefore, he will need to go to
Council for additional appropriation of $150,000 for this project and requested a advertise Notice to Bidders for June
16, 2009. It was the consensus of the Commissioners to advertise the Notice to Bidders for June 16, 2009 for the
Tilden Terrace project. IN THE MATTER OF BRIDGE NO. 272
John Ayers announced the Federal Aid bridge replacement of Bridge No. 272, the historic bridge on CR 550W over the CSX railroad, will be starting soon. IN THE MATTER OF CYPRESS MANOR
Mike Graham reported the Indiana Family & Social Service Administration FSSA contract for Cypress Manor is on the agenda as Greg Steuerwald had requested additional time to discuss some language in the contract regarding insurance with Rich Jensen, Stevenson-Jenson Agency. Rich Jensen stated he will provide a Certificate of Insurance, however, he does not want to add the state, as written in the contract. James McBryant advised he had discussed this issue with the County Home Association and will continue to talk with FSSA on this language. It was the consensus of the Commissioners for James Mc Bryant to continue working on this language and bring back next week.
James McBryant requested readmission of a former resident of Cypress Manor, Kelda Jessie Smith. He gave a brief history of this individual, presented the previous application, stated he was eligible for assistance, and recommended readmission. Commissioner Whicker moved to accept this individual as a resident of Cypress Manor, subject to an updated admission application. Commissioner Palmer seconded the motion and the motion was approved unanimously 2-0-0. Commissioner Palmer moved to recess the Commissioners’ meeting at 10:37 AM for the Tech Board. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0. Commissioner Whicker opened the Tech Board at 10:38 AM with John Parsons, Systems Administrator and Doug Morris, Web Master, joining the meeting. IN THE MATTER OF TECH BOARD
John Parsons presented a request from the Surveyor’s Office to purchase a scanner to scan document size pages
11 X 17” at a cost of $1,100 and stated they will fund from the Surveyor’s budget. Commissioner Palmer moved to approve the request of the Surveyor to purchase a document size scanner from their budget. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0.
John Parsons presented a Maintenance Quote from ESRI, Inc. for Environmental Health in the amount of $1,500 and stated this is an annual maintenance agreement for software. Attorney Tyler Starkey reviewed this agreement.
Commissioner Palmer moved to approve the maintenance contract with ESRI in the amount of $1,500 and authorize the President to sign on behalf of the Commissioners. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0.
John Parsons reported the fiber to the 4-H Fairgrounds and Conference Complex is now complete and working and stated the Fair Board has paid for this fiber at no cost to the County.
Doug Morris presented the new Hendricks County web page and explained the changes and improvements to make it more user friendly. Mr. Morris also stated this web page is being developed in house with staff. It was the consensus of the Commissioners to proceed with the development of this new Hendricks County web page. Commissioner Palmer moved to adjourn the Tech Board at 10:54 AM. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0. Commissioner Whicker reconvened the Commissioners’ meeting at 10:55 AM. IN THE MATTER OF RELAY FOR LIFE
Commissioner Palmer presented a request from Sharon Dugan, Chairman for the Danville Relay for Life, for a proclamation that can be read during the opening ceremonies of the Danville Relay for Life program on June 13,2009.
Commissioner Whicker read the following proclamation:
PROCLAMATION RECOGNIZING RELAY FOR LIFE 2009
WHEREAS, cancer is a group of diseases characterized by uncontrolled growth and spread of abnormal cells, which if not controlled, can result in death; and WHEREAS, 30,040 new cases of cancer are estimated to occur in the State of Indiana in 2009 and approximately 12,730 Indiana citizens are expected to die from cancer this year; and WHEREAS, the American Cancer Society is a voluntary community-based health organization in Indiana, dedicated to eliminating cancer as a major health problem; and WHEREAS, the Relay for Life is a community affair held throughout Indiana, which presents an opportunity to dust off your camping gear, slip on your walking shoes and network with your business associates, family, and friends. NOW, THEREFORE, We, The Hendricks County Board of Commissioners of the State of Indiana, do hereby recognize the RELAY FOR LIFE, throughout the County of Hendricks, in the State of Indiana. We urge citizens to recognize and participate in the relays held in Hendricks County: Avon, Brownsburg, Danville and Plainfield. This order entered on this 26th day of May, 2009.
(Signed David A. Whicker, President (SEAL) Phyllis A. Palmer, Vice President Eric Wathen, Member
Commissioner Palmer moved to approve the 2009 Relay for Life Proclamation for Avon, Brownsburg, Danville and
Plainfield, as read. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0.
Commissioner Palmer agreed to read the proclamation during their June 13, 2009 event in Danville. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. Cummins Behavioral Health Systems, Inc., Board of Directors Meeting, Thursday, May 21, 2009, Board Conference Room, Avon, IN 6:30 p.m.
2. U.S. Department of Energy has informed Hendricks County is eligible to receive a direct formula grant as part of the Energy Efficiency and Conservation Block Grant (EECBG) Program.
3. IDEM, Permits Branch, Office of Air Quality, Notice of Decision: Approval-Effective Immediately, Clarian West Medical Center.
4. Hoosier heartland RC&D Quarterly Council Meeting, Monday, June 8, 2009, 6:00 p.m., Water to Wine, 110 West Washington Street, Martinsville, IN, IDEM, Office of Water Quality, Facility Construction Section has received a sewer permit application from the Town of Brownsburg.
5. IDEM, Office of Air Quality, Receipt of Air Permit Application, Maplehurst bakeries, Inc., Brownsburg, IN.
6. West Central Economic Development District Inc. meeting to develop a Disaster Recovery Strategy for Hendricks County will be held Tuesday May 26, 2009 at 1:00 p.m. at the Government Center.
7. INDOT planned road improvements (five small structure replacements) on SR 39 3.92 miles south of US 36 will require 7.43 acres on new permanent right of way. No displacement of residents or businesses will be involved with this
8. Washington Township Trustee and the Avon-Washington Parks and Recreation Department invitation to a public meeting regarding the new development on the 88 acres behind Station Hill and Ridge Hill Way.
Action needed/taken on the following:
1. Checks received and signed to the county: a. Comcast $7,673.66 Franchise fee
2. Whicker signed vehicle titles for the following:
3. Documents needing action: None IN THE MATTER OF PLANNING
Receipt was acknowledged of the April 14, 2009 Report of Collections for the Planning and Building Department from Don Reitz, Planning Director. IN THE MATTER OF TORT CLAIM
Receipt was acknowledged of a Tort Claim Notice received from Lee, Cossell, Kuehn & Love on behalf of
Domisha D. Smith, for incident of January 8, 2009, at the Hendricks County Jail. Greg Steuerwald has sent the original to Rich Jensen. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the May 11 through May 15, 2009 Human Resources report from Ron Love, Human
Resources Director. IN THE MATTER OF POLICE MEMORIAL
Commissioner Palmer reported she had attended the Police Memorial service on Friday, May 15, 2009 in the
Courthouse rotunda and read the Proclamation the Commissioners had signed for National Police Week and recognizing Police Memorial Day, May 15, 2009. She stated this was a very nice service to remember and recognize our peace officers.
Commissioner Palmer moved to adjourn the Commissioners’ meeting at 10:57 AM. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
May 26, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on May 26, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer James McBryant Cypress Manor Administrator Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF WATHEN FAMILY Commissioner Whicker congratulated Commissioner Wathen on the birth of his fourth son, Luke Eric Wathen, born on Friday, May 15, 2009. IN THE MATTER OF MINUTES
Commissioner Palmer moved to approve the minutes of May 19, 2009 as corrected. Commissioner Whicker seconded the motion and the motion was approved 2-0-1 with Commissioners Palmer and Whicker voting aye and
Commissioner Wathen abstaining as he did not attend the May 19, 2009 meeting. IN THE MATTER OF CLAIMS
Commissioner Palmer moved to approve Claims #194812 thru 194825, 093169 thru 0933306 and direct deposit #048973 thru 049569, as advertised. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Wathen stated he had recently met with a potential developer and with representatives of Paul Kite
Company for possible development at Exit 59 and they appear to be moving along.
Commissioner Whicker stated the construction of the sewer plant at Exit 59 continues and should move along quicker with some dry weather. IN THE MATTER OF RONALD REAGAN PARKWAY
Commissioner Wathen referenced notice he had recently received from the Indiana Association of Indiana
Counties relative to the TIGER (Transportation Investment Generated Economic Recovery) grants program.
John Ayers advised he will check if this grant program could be applied for the Ronald Reagan Parkway.
John Ayers reported the grass median of the Ronald Reagan Parkway in Plainfield has been sprayed for weeds and fertilizer and was mowed recently by the Town of Plainfield. IN THE MATTER OF JUDICIAL CENTER
John Ayers advised there was nothing to report on the judicial center study. IN THE MATTER OF COMMISSIONERS’ OFFICE
Commissioner Palmer announced she had received a call from David Botoroff, President Association of Indiana
Counties (AIC), requesting to suggest her name for a Governor’s Commission on Courthouse Preservation and that she had consented to this request.
Commissioner Palmer gave a brief report of the District meeting of the Association of Indiana Counties (AIC) last week at the Beef House in Covington and stated Hendricks County was well represented at this meeting. She recognized Treasurer Nancy Marsh as the President of the District AIC, and County Surveyor David Gaston,
President of the State Surveyors. Commissioner Wathen also acknowledged Commissioner Palmer i`s Vice President of the West Central District of the Association of Indiana County Commissioners. IN THE MATTER OF 56TH STREET (CR 600N)
John Ayers presented the Pipeline Casing Removal/Test Station Relocation Agreement 403L between Buckeye
Pipe Line Company, L.P. and the Board of Commissioners of Hendricks County relative to the eight-inch diameter high pressure petroleum products pipeline at CR 600N (56th Street) in the amount of $38,500. There was discussion of this agreement. It was the consensus of the Commissioners to continue this agreement for one week to allow time for Attorney Greg Steuerwald and John Ayers to review this agreement and bring back next week.
John Ayers presented the CSX agreement for Proposed Roadway Reconstruction / Widening of County Road 600
North @ CSXT, near Clermont, Hendricks County, Indiana in Vicinity of Railroad Milepost ZSF-3.31 CSXT OP#
IN0323 for approval and execution in the amount of $516,351 and explained the basic agreement. Attorney Greg
Steuerwald reviewed the agreement. Commissioner Palmer moved to approve the CSXT OP# IN0323 agreement for
56th Street in the amount of $516,351 and authorize the President to sign on behalf of the Commissioners.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF COUNTY ROAD DAMAGE - REX PIPE LINE
There was discussion of repair of damage to various County roads as a result of heavy truck travel during the installation of the Rex Pipe Line. John Ayers stated they cannot negotiate settlement until the project is complete and they have been monitoring the County roads the pipe line trucks travel and the County roads the pipeline crossed. He further stated that when the pipeline is complete they will go over all the damages with Rex Pipe Line. IN THE MATTER OF CYPRESS MANOR
James McBryant referenced conversations he had with officials relative to the concerns expressed previously on the language content of the FSSA contract through Indiana Family and Social Services Administration, for Cypress
Manor. Mr. McBryant gave a brief history of this insurance language that was deleted from the previous contract.
Rich Jensen explained the liability and requested a letter from the State relative to this insurance clause. It was the consensus of the Commissioners to continue the FSSA contract to the June 2, 2009 agenda.
James McBryant presented an application for residency for Billy Jack Cooper and stated this individual was admitted on an emergency basis when he was released from Hendricks Regional health and stated he is not a
Hendricks County resident. There was discussion of admitting residents from other counties and if these counties could be contacted for possible reimbursement. Commissioner Palmer moved to approve the admission of Billy Jack
Cooper, as recommended by the Cypress Manor Administrator. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
James McBryant presented an application for residency for Richard Kindred and advised this individual was a resident of Morgan County. Commissioner Palmer moved to approve the admission of Richard Kindred, as recommended by the Cypress Manor Administrator. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
James McBryant presented an application for Linda Marie Mills and for Michael L. Crippen. It was the consensus of the Commissioners to obtain more information on these two applicants, to check for possible reimbursement from other counties for the out of county individuals and to review the policy for admission of out of county residents. IN THE MATTER OF GOVERNMENT CENTER - EXERCISE CLASS
Jennifer Hill, Health Educator in the Hendricks County Environmental Health, presented a written request to use the Government Center Rooms 4 & 5 for Kim Porter, a fitness instructor, to teach a Pilates exercise class on six
Mondays in June and July from 4:30 to 5:30 PM. The request stated Ms. Porter will have a charge of $30 per person for the entire series of six classes. Ms. Hill stated this program is to help County employees improve their health and decrease their health risks. It was noted that Weight Watchers currently meets in the Government Center each
Wednesday and Weight Watchers handles everything, at no cost to the County, and is open to the public for their weekly meetings. The only thing Ms. Hill and Ms. Porter asked of the County is to provide space for them. There was discussion of the use of the building and of setting a precedent on organizations / individuals using the facilities for a profit. Commissioner Palmer moved to table the request for use of the Government Center for an exercise class in order to obtain additional information and for Mike Graham to talk with Human Resources Director, Ron Love, on how this exercise class fits in the Wellness Program. Commissioner Wathen seconded the motion was approved unanimously 3-0-0. IN THE MATTER OF ENERGY BLOCK GRANTS
John Ayers explained three firms had expressed interest in assisting with the application process for energy block grants, however, he had contacted them further and two of the firms have not made a response. Mr. Ayers stated they will need assistance in writing this application for grant money as it must be turned in by June 25, 2009. He further stated one of the firms had requested to discuss the application on a conference call rather than a meeting, however, they did not get the call set up before today’s meeting. There was discussion of a fee and of the duties of these firms.
It was the consensus of the Commissioners that based on the presentation of AMERESCO last week for John Ayers to contact them, to obtain an agreement for assistance with the grant application and to bring the agreement to the June
2, 2009 meeting. IN THE MATTER OF POLICY ON USE OF EDIT FUNDS
There was discussion of the revised Policy on Use of EDIT Funds presented last week by Mike Graham.
Commissioner Wathen moved to approve the revised Policy on Use of EDIT Funds, as presented May 19, 2009.
Commissioner Palmer seconded the motion and the moiton was approved unanimously 3-0-0. IN THE MATTER OF ADDITIONAL APPROPRIATIONS
A draft letter to the Hendricks County Council was presented requesting an additional $25,000 appropriation from
Council for 100-31700-000-135, Service Contracts. John Ayers explained this additional is being requested due to the increased monthly fees of several service vendors, additional services for the two new buildings and the addition of a vendor that monitors all underground infrastructure to all County buildings. Commissioner Palmer moved to approve the request for an additional appropriation of $25,000 for service contracts to cover ARAB, Manatron,
Koorsen Protection Services and IUPPS. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF HUMAN RESOURCES
Receipt as acknowledged of the May 18 to May 22, 2009 Human Resources report from Ron Love, Human
Resources Director. IN THE MATTER OF CLAYCO REALTY GROUP
A draft letter to Johan Henriksen, Clayco Realty Group, was presented advising Project Centerline that is proposed to locate in the Hendricks County Regional Sewer District, stating it is the intent of Hendricks County Board of
Commissioners and the Hendricks County Regional Sewer District to provide waste water treatment for this project.
The letter also stated the interceptor sewer line to serve this site is currently under construction and it is anticipated the line will be available by August 31, 2009. The County also advised they intend to cooperate with the Indianapolis
Water Company to facilitate its ability to provide water service to this site no later than 5 months after the execution of an agreement to build Project Centerline. It was the consensus of the Commissioners to approve this letter, as presented, and to authorize the President to sign and send this letter. IN THE MATTER OF PROPERTY TAXES
Auditor Cinda Kattau reported the Hendricks County Assessor is looking at the assessments based on several concerns that the assessments are too high. She stated the Hendricks County property taxes will be due September 10,
2009 and November 10, 2009. IN THE MATTER OF COMMISSIONERS
Tim Stanley, Stephen J. Christian, complimented the Commissioners of the excellent shape of the Government
Center and of the very professional manner in which they conducted their meetings. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence: None
Action needed/taken on the following:
1. Checks received and signed to the county: a. Governmental Interinsurance Exchange $1,722.48 Vehicle Damage b. Governmental Interinsurance Exchange $2,651.01 Vehicle Damage
2. Whicker signed vehicle titles for the following: a. 2000 GMC Van Animal Control
3. Documents needing action: None
Commissioner Wathen moved to adjourn the Commissioners’ meeting at 11:49 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member ATTEST: ______Judith Wyeth, Deputy Auditor
June 2, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, June 2, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Paul Wilson Hendricks County Zoning Inspector James McBryant Cypress Manor Administrator Lise’ Crouch Hendricks County Emergency Management Department Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF BIDS
Commissioner Whicker announced the bids for replacement of Culvert FR-001 and Culvert FR-059 had been duly advertised for 9:30 AM and it was now 9:30 AM. Commissioner Palmer moved to close receipt of bids for
Culverts FR-001 and CR FR-059. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
John Ayers distributed Bid Tabulation Forms for Culvert FR-001 and Culvert FR-059. A representative from Howser Brothers came into the meeting room with two bids and stated he was late as he had been directed to the incorrect department of the building and they were unable to locate the proper forms for his bids. Sue
Van Damme, Auditor’s Office, verified this representative came into the Auditor’s Office at 9:25 AM with the bids. Attorney Greg Steuerwald clarified the advertised Notice to Bidders stated:
The bids will be received at: Office of the Auditor of Hendricks County, 2nd floor of the Hendricks County Government Center, 355 South Washington Street, Danville Indiana by 9:30 AM local time on the 2nd day of June, 2009; and
Office of the Board of Commissioners of Hendricks County 1st floor of the Hendricks County Government Center, 355 South Washington Street, Danville, Indiana by 9:30 AM Local time on the 2nd day of June, 2009.
Mr. Steuerwald stated these bids could be accepted as they were in the Auditor’s Office before 9:30 AM.
John Ayers opened and read the following bids for replacement of Culvert FR-001, located in Franklin
Township, on CR 700S:
Oles Engineering $ 193,495.25 American Contracting $ 327,589.35 S & G Excavating $ 270.167.52 George Harvey & Son $ 225,384.19 Trisler Construction $ 217,452.14 H. E. Henderson $ 179,268.22 Howser Brothers $ 230,555.12 Snider Group $ 234,075.31 Campbell Excavating $ 221,237.03 Central Engineering $ 243,035.40 Calumet $ 246,200.00 Poindexter $ 269,289.40 Kreager Brothers $ 241,307.00
John Ayers opened and read the following bids for replacement of Culvert FR-059, located in Franklin
Township, on CR 450W:
Oles Engineering $ 192,043.76 American Contracting $ 317,938.25 S & G Excavating $ 270,561.04 George Harvey & Son $ 188,530.25 Trisler Construction $ 217,470.10 H. E. Henderson $ 192,302.47 Howser Brothers $ 235,296.90 Snider Group $ 229,588.43 Campbell Excavating $ 208,106.25 Central Engineering $ 254,635.54 Calumet $ 220,400.00 Kreager Brothers $ 234,296.00
John Ayers requested to review these bids and bring back a recommendation in two weeks. It was the consensus of the Commissioners for John Ayers and his staff to review the opened bids for Culverts FR-001 and
FR-059 and bring a recommendation to the June 16, 2009 Commissioners’ meeting. IN THE MATTER OF MINUTES
Commissioner Palmer moved to approve the minutes of May 26, 2009 as corrected. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Palmer moved to approve Claims #195236 thru 195250, #194828 thru 194841 and #194905 thru 195232 as advertised. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Whicker advised the installation of the sewer pipe at Exit 59 is moving along on schedule with the weather improvements and they still plan on completion by August 31, 2009.
Commissioner Wathen stated they will continue to wait on the Memorandum of Understanding (MOU) with
Kite Developers for their proposed development at Exit 59.
Mike Graham relayed a phone message from Jason Bria, Lauth Properties, requesting a luncheon meeting with the Commissioners to discuss the recent Lauth bankruptcy filing. Commissioner Whicker stated the
County is not liable for bonds in this matter and the County has none of the bonds as the bonds were all purchased by Lauth. It was the consensus of the Commissioners to meet with representatives from Lauth at noon on Tuesday, June 9, 2009. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers reported he had been advised by Bill Smith, Crawfordsville District INDOT, they have done a traffic study in response to the request for a signal light at US 136 and Ronald Reagan Parkway and they are now looking at the numbers to determine if they justify a traffic signal at this location at this time.
John Ayers reported CSX had advised they are sending the County the Right of Entry form for the Ronald
Reagan Parkway south of US 36. Mr. Ayers further advised they are looking at a September letting for this portion of the Ronald Reagan Parkway.
John Ayers also stated the Metropolitan Planning Organization (MPO) will meet on June 17, 2009 for the vote on the final approval of funding for the Ronald Reagan Parkway. IN THE MATTER OF JUDICIAL CENTER
John Ayers stated he had nothing to report on the judicial center study except to remind of the June 11, 2009 meeting of the advisory committee at 7:00 PM in the Government Center. IN THE MATTER OF SHERIFF DEPARTMENT GRANT
Lt Jim Yetter, Hendricks County Sheriff’s Department, presented an application for a grant for Justice
Assistance in the amount of $38,000 that is due June 2, 2009. He stated this would take no Commissioners’ action, at this time, but they must make a public presentation and are coming before the Commissioners today as a part of compliance with the grant requirements. He stated they will also do a public posting and will be back on June 16, 2009 for the final part of this grant request. Lt. Yetter explained they plan to use this grant funding to purchase seven new video systems and four new radar systems for the squad cars. It was the consensus of the Commissioners for Lt. Yetter to complete the necessary steps for this grant application and that he be added to the June 16, 2009 agenda for further consideration. IN THE MATTER OF SYCAMORE SERVICES
Marcia Lynch, Sycamore Services Director of Community Relations, presented the 2009 American
Recovery and Reinvestment Act (ARRA) Grant Agreement from INDOT, Grant Agreement number
86001143S in the amount of $527,447 for approval. Ms. Lynch advised this is tier one of this grant process through INDOT and that she will be bringing tier two for the addition of the garage at a later date. She also advised they had advertised this ARRA Grant Agreement for a public hearing and had no remonstrators.
Commissioner Wathen moved to approve the ARRA Grant Agreement Number 86001143S through INDOT in the amount of $527,447 and authorize the President to sign on behalf of the Commissioners. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Auditor Cinda Kattau confirmed her office is receiving quarterly reports from Sycamore Services.
Marcia Lynch reported that due to the current economy they are seeing an increase in requests for job placements and transportation to jobs, however, the number of employers requesting placements are reduced. IN THE MATTER OF DISASTER RECOVERY STRATEGY
Lise’ Crouch, Emergency Management, gave a brief report on the Disaster Recovery Strategy Meeting held on Wednesday, May 27, 2009 that was conducted by Kristy E. Jerrell, Flood Recovery Coordinator and
Planner for the West Central Indiana Economic Development District. There was discussion of funding availability and the strategy to receive these funds, which will require a 25% local match. Ms. Crouch stated they have planned a meeting for June 16, 2009 to inform everyone of this funding. It was the consensus of the
Commissioners for Lise’ Crouch to work with: Mike Graham, Administer to the Commissioners; County
Engineer John Ayers; County Highway Superintendent, Martin Summers; County Surveyor, David Gaston; and
Economic Development Executive Director, Cinda Kelly to meet and to identify possible projects that qualify for this disaster recovery funding. IN THE MATTER OF CYPRESS MANOR
James McBryant advised he was working with Rich Jensen on the insurance language in the FSSA Contract
Management for Cypress Manor. Rich Jensen stated he had forwarded the contract to his insurance underwriter and was waiting for a response from his insurance carrier.
James McBryant presented an application for admission to Cypress Manor for Patricia Padgett. He advised she would receive financial assistance through ARCH and recommended admission. Commissioner Palmer moved to admit this individual to Cypress Manor, as recommended by the Cypress Manor Administrator.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
James McBryant presented an application for admission to Cypress Manor for Patricia Wolfe and stated she is currently a resident of the Putnam County Home, which will soon be closing, and they are requesting to transfer Ms. Wolfe to Cypress Manor. Mr. McBryant also stated this individual is currently on the ARCH assistance program and recommended admission. Commissioner Palmer moved to admit this individual to
Cypress Manor, as recommended by the Cypress Manor Administrator. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF USE OF GOVERNMENT CENTER
Mike Graham referenced the request of Jenny Hill, Hendricks County Health Department, for use of the
Government Center for a Pilates exercise class that was continued from last week and stated this would be for employees only and would be a six-week class that meets one evening each week, after work, from 4:30 to 5:30
PM He stated the Pilates exercise is a stretching exercise program and the instructor will be charging $30 for the six-week program. There was discussion of setting a precedent for commercial use of County buildings for profit. There was also discussion that exercise is a part of the wellness program. Commissioner Whicker, as per request, moved to approve the exercise class, for employees only, one evening each week for a six-week period. Commissioner Wathen seconded the motion and the motion was approved 2-1-0 with Commissioners
Whicker and Wathen voting aye and Commissioner Palmer voting nay. Commissioner Wathen moved to recess the Commissioners’ meeting for the Tech Board at 10:30 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker opened the Tech Board Meeting at 10:31 AM. IN THE MATTER OF TECH BOARD
Commissioner Whicker announced John Parsons, Systems Administrator, had informed him there was nothing to bring before the Tech Board today. Commissioner Palmer moved to adjourn the Tech Board at
10:32 AM. Commissioner Wathen seconded on the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker reconvened the Commissioners’ meeting at 10:33 AM. IN THE MATTER OF GOVERNMENT CENTER - APPRAISAL
John Ayers presented the completed appraisal of the Government Center from Traynor & Associates, Inc. and stated Traynor is currently appraising the other County buildings. Rich Jensen Stevenson-Jensen Agency stated the previous appraisal of County buildings was over ten years ago and this appraisal is necessary for the bond on the Government Center for the Courthouse Building Corporation. He also stated the appraisals of all
County buildings will provide him information for insurance coverage.
IN THE MATTER OF BROWNSBURG - ANNEXATION OF ROADS
John Ayers presented an Interlocal Agreement between the Town of Brownsburg, Indiana and Hendricks
County, Indiana in Connection with the Jurisdiction over Certain County Road Areas to transfer complete ownership and jurisdiction to the Town of Brownsburg for a portion of CR 300N and a portion of 56th Street.
Mr. Ayers stated the Town of Brownsburg wanted speed limits for portions of County roads to be consistent with the town’s speed limit. He stated some of the affected County Roads are small segments in the middle of a
Brownsburg road. There was discussion if an interlocal agreement was the correct form to use. It was the consensus of the Commissioners for Greg Steuerwald to contact the attorney for the Town of Brownsburg to discuss this document and bring back to the June 9, 2009 meeting. IN THE MATTER OF ENERGY GRANT - AMERESCO
John Ayers reported he had contacted several firms to assist the County with their application for the energy grant funded with the Federal stimulus. He presented an email from Jeff Metcalf, Ameresco, stating they are willing to conduct this feasibility analysis for Hendricks County, to fill in and complete the necessary application and to help develop the required strategy. It was noted Mr. Metcalf, representing Ameresco, made a presentation to the Commissioners on May 19, 2009. Mr. Ayers stated Ameresco is willing to work toward an
RFP or RFQ for a performance contract once the stimulus money is awarded. Mr. Ayers also stated Ameresco has experience with grant applications and seemed the most interested in assisting Hendricks County with this application. Commissioner Palmer moved to authorize John Ayers to work with Ameresco for assistance with the application for an energy grant, at no cost to the County. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF BUCKEYE PIPE LINE – 56th STREET
John Ayers presented the County Pipeline Casing Removal /Test Station Relocation Agreement 403: with
Buckeye Pipe Line Company and the Board of Commissioners of Hendricks County for the necessary relocation of pipeline during the reconstruction of CR 600N (56th Street) with a quote from Miller Pipeline
Corp. in the amount of $38,550.00. Greg Steuerwald explained the County’s expense for this pipe line relocation. Commissioner Wathen moved to approve and execute the Pipeline Casing Removal / Test Station
Relocation Agreement 403L with Buckeye Pipe Line Company, as presented. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF RAILS TO TRAILS
John Ayers acknowledged receipt of the May 27, 2009 letter from Betty D. Jones, CSX Manager – Closing, stating CSX had accepted the Hendricks County Board of Commissioners offer to purchase approximately
179.825 acres of land in Hendricks County, Indiana for the consideration of $1,677,000 for the B&O Trail for the Rails to Trails project. A copy of the fully executed Purchase Agreement was included.
John Ayers presented the Indiana Department of Transportation – Local Public Agency Project Coordination
Contract EDS # A249-09-321040 Des. No. 9384590 through the Crawfordsville District Office for the bike/pedestrian facilities for B&O Trail on the railroad corridor from the west Hendricks County line to the east
Hendricks County Line in Hendricks County, Indiana. Mr. Ayers noted that the County is the pass through agency and the Rails to Trails will be responsible for any matching funds. Commissioner Palmer moved to approve the contract with INDOT and Hendricks County for the land for the trails EDS # A249-09-321040 .
Commissioner Wathen seconded the motion. Auditor Cinda Kattau questioned the County’s liability and if the
Rails to Trails did not have sufficient funds if the County would be responsible. Commissioner Palmer withdrew her motion. Commissioner Wathen withdrew his second. Commissioner Palmer moved to table the
INDOT contract EDS # A249-09-321040 until counsel has reviewed this agreement. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF ENGINEERING
John Ayers advised he will be out of the office attending a conference in Indianapolis the remainder of this week, however, he will keep his cell phone with him and will pick up his phone messages. IN THE MATTER OF CR 150S
Commissioner Palmer questioned the restriping of CR 150S between SR 267 and CR 625. IN THE MATTER OF CR 300S
Commissioner Palmer stated CR 300S from SR 267 to Center Street in Plainfield needed to be striped in the interest of safety for our citizens. John Ayers responded CR 300S is on their list of roads to be striped this summer. IN THE MATTER OF MAIL SERVICE - DIVERSIFIED M.A.I.L.
Receipt was acknowledged of the May 27, 2009 letter from Ron Robbins, President of The M.A.I.L. Group
Companies, advising that on June 1, 2009 they will be increasing the service fee associated with meeting
1st class mail by $0.01 per piece. IN THE MATTER OF MAYHEW PROPERTY
Greg Steuerwald gave a brief history of the County’s actions against the Mayhew property, located in
Middle Township. Paul Wilson, Zoning Inspector, explained the zoning steps and action the County had followed, over a period of several years, on these two parcels, totaling 0.5 acre, including the major expense to clean up of this property and the legal responsibilities. Greg Steuerwald explained the current status of the
Mayhew family continuing to dump trash on this property after the County had it cleaned up and recommended for the County to move forward to take this property. Commissioner Wathen moved for counsel to move forward to foreclosure on this property. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF LEGAL CLAIMS
Auditor Cinda Kattau explained that effective July 1, 2009 the County would no longer have to pay for the legal printing of advertising claims, which will save the County funds. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence: None
Action needed/taken on the following:
1. Checks received and signed to the county: None
2. Whicker signed vehicle titles for the following: a. 2000 GMC Van Animal Control
3. Documents needing action: None IN THE MATTER OF PRESTWICK LOT
Commissioner Palmer advised that someone has planted a garden on the County owned lot, Lot 121, in
Ridge Hill of Prestwick, and inquired if permission had been granted to any of the neighbors to use this lot. IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the May 26 to May 29, 2009 Highway report from Martin Summers, Highway superintendent. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the May 25 to May 29, 2009 Human Resources report from Ron Love, Human
Resources Director. IN THE MATTER OF SECRETARY OF AGRICULTURE
Commissioner Whicker announced that Secretary of Agriculture, Tom Vilsack, will host a rural community forum today at the Hendricks County 4-H Fairgrounds and Conference Complex, 1900 East Main Street,
Danville from 3:00 p.m. – 4:15 p.m. He will share information with local residents about the work USDA is doing to revitalize and rebuild rural America and ask local residents how USDA can be helpful in support and initiating other programs and projects to help the community participate fully and successfully in the new 21st century economy. Secretary Vilsack will also highlight American Renewal and Reinvestment Act projects improving communities and benefiting people through rural America. IN THE MATTER OF COURTS
Mike Graham announced he would be meeting with the Judges at noon today.
Commissioner Wathen moved to adjourn the Commissioners’ meeting at 11:25 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
June 9, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, June 9, 2009, with a quorum of all three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Don Reitz Hendricks County Planning Director James McBryant Administrator Cypress Manor Lise’ Crouch Hendricks County Emergency Management Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF BIDS – REPLACEMENT CARPET FOR GOVERNMENT CENTER
Commissioner Whicker announced it was now 9:30 AM and the Notice to Bidders for replacement of carpet in the Government Center had been duly advertised for bids to be received by 9:30 AM. Commisisoenr Wathen moved to close bids for replacement of carpet in the Government Center. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
John Ayers opened the bids received and read the following:
Vendor Base Bid Alt #1 Alt #2 Alt #3A Alt #3B Alt #3C Continental Flooring $318,550.00 $ 55,888.00 $ 50,000.00 $ 36.00 $ 36.00 $ 36.00 Continental Office $422,448.77 $119,392.04 $ 18,693.04 $ 48.01 $ 50.97 $ 50.97 H. E. Henderson $348,430.00 $105,000.00 $ 77,750.00 $ 41.01 $ 43.00 $ 43.00 Jack Laurie Floors $296,390.00 $ 79,270.00 $ 27,000.00 $ 36.90 $ 38.85 $ 38.85 Superior $313,850.00 $ 84,390.00 NA $ 36.00 $ 36.00 $ 36.00 Steel Core Const. $287,900.00 $ 74,600.00 $ 27,900.00 $ 43.00 $ 43.00 $ 43.00
John Ayers requested to review the bids and bring back a recommendation in two weeks. It was the consensus of the Commissioners for the Engineering Staff to review the bids for carpet replacement and bring back a recommendation to the June 23, 2009 meeting. IN THE MATTER OF MINUTES
Commissioner Palmer moved to approve the minutes of the June 2, 2009 meeting, as corrected. Commissioner
Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #195264 thru 195313, 093310 thru 093456 and Direct Deposit
#049371 thru 049785, as presented. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF DON REITZ, PLANNING DIRECTOR
Commissioner Wathen introduced Planning Director Don Reitz and congratulated Mr. Reitz as the recipient of the
Mike Carroll Award for Distinguished Leadership by a Professional Planner that was awarded by the American
Planning Association Indiana. He stated this award is given to an individual that has contributed to the profession through significant and sustained leadership and service that includes service at the local, state, or national level, or any combination of such experience. Commissioner Wathen stated he was the Commissioners’ representative on the Plan Commission and commended Mr. Reitz on being very professional and helpful to him during the past two years that he has served. He read a brief resume of Mr. Reitz’s activities and presented a gift to Mr. Reitz as a token of the Commissioners’ appreciation for the excellent job Mr. Reitz is doing in Hendricks County. Commissioner
Palmer commended Mr. Reitz on his professionalism. Plan Commission Member JoAnn Groves attributed the good growth in Hendricks County to the direction and leadership of Mr. Reitz. IN THE MATTER OF EXIT 59
Commissioner Wathen reported Kite Development came before the Drainage Board earlier today for drainage approval for the road for their proposed 70 West Commerce Park at Exit 59 and they will go to the Plan Commission tonight for planning approval.
Mike Graham stated Dr. Pat Spray, Superintendent of Mill Creek School Corporation, had requested a copy of the Memorandum of Understanding (MOU) with Kite Development and inquired when this MOU should be forwarded to them as it has not yet been approved or signed. It was the consensus of the Commissioners to share the draft MOU with Mill Creek School officials and to clarify that it is a draft MOU. IN THE MATTER OF RONALD REAGAN PARKWAY
Commissioner Wathen advised he had talked with Mike Rogers, Avon Town Council, and was informed Avon would like to annex an area of the Ronald Reagan Parkway into the Town of Avon, also, John Ayers stated the town of Avon is looking at more decorative barriers along the Ronald Reagan parkway within the Town of Avon than were originally planned by the County. Avon indicated they would pay for the additional cost on the decorative upgrade.
John Ayers stated they had submitted the plans for the Ronald Reagan Parkway north of CR 300N using concrete pavement to INDOT, however, concrete may now be an issue with the INDOT Pavement Design Committee.
John Ayers advised they are ready to put out Request for Proposals (RFP) for design of the Ronald Reagan
Parkway form CR 100S to CR 200S once funding for the section from US 36 to CR 100S is finalized on June 17,
2009 by the Metropolitan Planning Organization. IN THE MATTER OF JUDICIAL CENTER
John Ayers reminded everyone of the Advisory Committee meeting for the judicial center will be on Thursday,
June 11, 2009 at 7:00 PM in the Hendricks County Government Center. IN THE MATTER OF B&O TRAIL
John Ayers presented the Commissioners December 11, 2000 letter to the Rail Corridor Development relative to the Amended RC Development, Inc. Agreement, which clearly stated the working relationship between the Rail
Corridor (Rails to Trails) for the proposed B&O Trail through Hendricks County. Attorney Greg Steuerwald referenced the Indiana Department of Transportation – Local Public Agency Project Coordination Contract EDS
#A2249-09-3211040 for the B&O Trail on Railroad Corridor from west Hendricks County line to the east Hendricks
County Line in Hendricks County, Indiana, advised he had reviewed the contract to receive federal funding and explained the termination clause in the LPS Consultant Agreement, which would allow the County to terminate the agreement at any time if the need arises. Diana Virgil, President B&O Trail, explained this contract, stated the maximum amount of federal funds allocated to this project is $2,905,000 and is for transportation enhancement for bike pedestrian facilities on the B&O Trail and they are on a timeline to submit design plans. She also explained the
B&O Trail line of credit, the process and their willingness to borrow matching funds if necessary. Ms. Virgil stated she has gone before the Park Board and is working on a partnership agreement with the Hendricks County Parks.
Commissioner Wathen moved to approve and execute the contract, referenced above, for federal funds for the B&O
Trail. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Diana Virgil presented Commissioner Wathen a T-shirt from the B&O Bike Ride and stated over 800 riders participated this year. IN THE MATTER OF MULTI HAZARD MITIGATION PLAN
Lise’ Crouch introduced Heather Buck with Christopher Burke Engineering, presented a resolution adopting the
Hendricks County Multi-Hazard Mitigation Plan (MHMP) and stated FEMA has reviewed and approved the plan for
Hendricks County. Ms. Buck explained the plan, the purpose of the plan and stated this must be reviewed and approved annually. Ms. Crouch further stated that without the plan Hendricks County will not be eligible to receive any disaster funds. Commissioner Wathen encouraged the draft plan to be forwarded to all town councils in the
County for their review and comment. It was the consensus of the Commissioners to continue the MHMP resolution to the June 15, 2009 meeting. IN THE MATTER OF CYPRESS MANOR
James McBryant presented the insurance certificate form Stevenson-Jensen Agency to accompany the contract between the Indiana Family and Social Services Administration, Division of Aging and the Hendricks County Board of Commissioners for the period of July 1, 2009 through June 30, 2011 for Cypress Manor. Mr. McBryant stated this certificate of insurance clears the concerns regarding the insurance language contained within the contract.
Commissioner Palmer moved to approve the contract with the Indiana Family and Social Services Administration, with insurance certificate, for Cypress Manor and authorize the President to sign on behalf of the Commissioners.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Mr. McBryant advised the FSSA had requested the signed contract be forwarded to them by overnight mail. IN THE MATTER OF BUILDING FACILITIES BOND
Receipt was acknowledged of notice form Gregory T. Guerrettaz, Financial Solutions Group, Inc. regarding arbitrage calculation and advised that the Internal Revenue Code requires that all local units of government who issue tax-exempt obligations review the expenditure of the proceeds of those obligations to determine compliance with the arbitrage rebate regulations. This would apply to the Hendricks County Building Facilities Corporation,
First Mortgage Bonds, Series 2004. The letter stated this requirement applies to both long-term bonds and short- term debt and the calculation for the bond is due by July 15, 2009. Mr. Guerrettaz estimated the fee for the proposed calculation to be $2,500 - $3,500. Commissioner Palmer moved to approve the contract with Financial Solutions
Group to conduct a study of the arbitrage calculations for the Hendricks County Building Facilities bonds and authorize the President to sign on behalf of the Commissioners. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF DISTRICT 5 – DISTRICT PLANNING COUNCIL
Mike Graham stressed the Commissioners need to appoint a representative to the District 5 Planning Council
(DPC) and the appointment was to be made prior to the June 8, 2009 DPC meeting. He stated the only problem with not having the appointment made by June 8, 2009 was Hendricks County did not have a representative to vote on the officers and the adoption of the by-laws. Mr. Graham stated he has talked to Dave Warren, Hendricks
County Emergency Management Director, and provided three names for consideration. He stated Steve Cook, the
Deputy Director at the Hendricks County Communications Center, is already involved in the District 5 meetings and he also attends the DPC meetings as a part of his work with the Communications. Commissioner Wathen moved to approve the appointment of Steve Cook as a representative to the District 5 Planning Council. Commissioner
Palmer seconded the motion and the motion was approved unanimously
3-0-0. IN THE MATTER OF METROPOLITAN PLANNING ORGANIZATION (MPO)
Mike Graham advised that Lesa Ternet with the Planning Department is currently serving on the Metropolitan
Planning Organization’s (MPO) Policy Board on behalf of Hendricks County and County Engineer John Ayers serves on the Technical Board. He stated he had talked to Lesa Ternet about the upcoming issues regarding local jurisdictions paying for participation in the MPO and whether or not having the Metropolitan Development
Commission (the Indianapolis Planning Commission) as the MPO is fair and balanced and asked her if she is comfortable with advocating the Commissioners’ interest in developing a more balanced representative MPO. Ms.
Ternet stated she would not have a problem advocating the Commissioners' position, however, in the past, there have been on conversations between the Commissioners and Ms. Ternet on what policies the Commissioners would like to pursue and also, she pointed out that different jurisdictions have different representation on the Policy Board, with some jurisdictions having an elected official, some have planners and others use their town managers. Mr.
Graham further advised that some communities will have the elected official as the member and then a proxy will serve when the elected official is not available. He stated the Commissioners may want to appoint someone else to the Policy Board. They could appoint someone else and continue to have Ms. Ternet on occasion serve as a proxy or leave her on the Policy Board and have better communications with her so she understands the Commissioners’ policy direction. John Ayers explained the current makeup of the MPO and stressed the need for Hendricks County to participate. It was the consensus of the Commissioners for John Ayers and Lesa Ternet to bring a discussion of the MPO to the June 15, 2009 meeting.
IN THE MATTER OF WORK RELEASE CENTER
Mike Graham advised he met with the Superior Court Judges, Prosecutor, Sheriff, Adult Probation Director and
Work Release Director regarding the Work Release Center. He presented a document that was prepared by Todd
McCormack identifying some issues associated with the Work Release Center. IN THE MATTER OF FLOOD FUNDS
Mike Graham explained that as a result of last year’s June floods the County received disaster recovery money from the Department of Homeland Security. At that time, Homeland Security reimbursed about 75% of the cost of the recovery. He stated the American Recovery and Reinvestment Act are now making more money available for disaster recovery including additional reimbursement for the June 2008 floods. Banning Engineering has presented a proposal to the County Highway to be the County’s Grant Administrator to obtain the additional funds. The proposed cost for this service is $2,000 and would be paid from the grant proceeds. Mr. Graham recommended the
Commissioners execute an agreement with Banning Engineering to provide the grant service and if this concept was approved it should be placed on the June 16, 2009 agenda for formal consideration. He further advised that to date we have received $77,264.52 and if the grant is approved we will receive roughly another $20,000. It was the consensus of the Commissioners for Mike Graham to obtain an agreement with Banning Engineering and bring to the June 16, 2009 meeting.
Commissioner Wathen stated some other citizens wanted to help pay for stream retention with grants as did the family in the Whitelick Creek addition. IN THE MATTER OF REDISTRICTING COMMISISONERS’ DISTRICTS
There was discussion that any redistricting should be done in 2009, prior to the 2010 census. The Commissioners requested Greg Steuerwald to look at the process to redistrict the Commissioners’ districts. IN THE MATTER OF DEPARTMENT OF ENERGY
Receipt was acknowledged of the May 22, 2009 letter from the Department of Energy relative to the Energy
Efficiency and Conservation Block Grant (EECBG). It was the consensus of the Commissioners for Mike Graham to respond to this letter. IN THE MATTER OF SALT BIDS
John Ayers reported that through a joint bid with INDOT for treated Highway salt, a bid of $73.50 per ton for treated Highway salt had been received, which was much better than the $81.00 per ton for treated salt the County paid last year with the City of Indianapolis. Mr. Ayers advised that Hendricks County is working with INDOT for their supply of treated Highway salt for the 2009-2010 seasons. IN THE MATTER OF 56TH STREET
John Ayers presented the County Utility Reimbursement Agreement in the amount of $40,588 with the
Indianapolis Power and Light Company for relocation of existing underground cable and construction of new facility for Hendricks County. Mr. Ayers explained this agreement is for reimbursement of relocation costs for utility lines within a private easement due to the reconstruction and widening of 56th Street (CR 600N). Mr. Ayers also explained he had met with residents on 56th Street that may need to connect to the sewer system if their septic systems are not functioning or are in the right-of-way for this reconstruction project and stated they were all very cooperative and agreeable regarding this issue. Commissioner Wathen moved to approve and execute the agreement with Indianapolis Power and Light for reimbursement of utility relocation in the amount of $40,588.00.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF COUNTY TELEPHONE
John Ayers explained the various County telephone contracts with AT&T need to be reviewed to insure that we are getting the best possible rates for our telephone service and presented a proposal from Paul Johnson Associates in the amount of projected fees not to exceed $1,850 and reasonable expense to be reimbursed not to exceed $150.
Mr. Ayers also stated Sheriff Galloway will come in for telephone line reduction at the jail, which will reduce expenses. Commissioner Wathen moved to approve the agreement with Paul Johnson Associates to review AT&T telephone contracts, not to exceed $1,850 reasonable expanse and $150 reimbursed expense and authorize the
President to sign on behalf of the Commissioners. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF SR 39
John Ayers stated the State opened bids for SR39 improvements at Exit 59 and reported that Milestone was the low bidder. IN THE MATTER OF LAUTH DEVELOPERS
Commisisoenr Whicker announced they would have a briefing by Lauth Developers today at 11:30 AM in Room
#3 of the Government Center relative to development at Exit 59. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. IDEM Office of Water Quality, Permit Application, Town of Pittsboro, School Lift Station Replacement 2. IDEM Office of Water QUALITY, Sewer Permit Application, Town of Plainfield
Action needed /taken on the following:
1. Checks received and signed to the county:
a. Governmental Interinsurance Exchange $14,065.87 Damage Settlement b. The Cincinnati Insurance Company $ 5,625.00 Damage Settlement
2. Whicker signed vehicle titles for the following:
a. 1998 Jeep 4C4 Surveyor’s Office b. 1994 Trailer Animal Control
3. Documents needing action: None IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the June 1 through June 5, 2009 Highway report from Martin Summers, Highway
Superintendent. IN THE MATATER OF WEIGHTS AND MEASURES
Receipt was acknowledged of the May 15, 2009 Weights and Measures monthly report from Charles Colbert,
Weights and Measures Inspector. IN THE MATTER OF PLANNING DEPARTMENT
Receipt was acknowledged of the May 2009 Collections Report from the Planning and Building Department. IN THE MATTER OF HENDIRCKS COUNTY NIGHT AT VICTORY FIELD
Commissioner Whicker announced Hendricks County Night at Victory Field will be Thursday, June 11, 2009 and the Convention and Visitor’s Bureau has provided a few “free” tickets and some buy one get one FREE coupons. The Convention Bureau has also advertised they are providing free round-trip bus service from Plainfield
(Hummel Park) and Brownsburg (Brownsburg Rec. Center) to Victory Field the night of the game. IN THE MATTER OF COMMISSIONERS’ 2010 BUDGET
Auditor Cinda Kattau stated she has sent the 2010 budget forms out to all departments for completion and noted they have the Commissioners’ 2010 budget hearing set for Tuesday, August 4, 2009 from 1:30 to 2:15 PM. It was the consensus of the Commissioners to request to change the time to 1:00 PM on Tuesday, August 4, 2009 for the
2010 budget hearing for the Commissioners. It was noted the draft 2010 Commissioners’ budget will be on the June
16, 2009 agenda for consideration and comment.
IN THE MATTER OF FLEET MANAGEMENT
There was discussion of the need to have fleet management on the County owned vehicles in the interest of economy, safety and better performance for the drivers, vehicles and taxpayers. IN THE MATTER OF SUBDIVISION ROADS
John Ayers advised they are milling the curbs and roads in subdivisions and feels this is the best way to do these subdivision curbs and roads. IN THE MATTER OF CAPPING TRADE
Commissioner Wathen explained he had attended a breakfast meeting on cap and trade. He suggested to spread the news as there could be a possible 50% increase in electric power rates.
Commissioner Palmer moved to adjourn the Commissioners’ meeting at 11:15 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
June 16, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, June 16, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioner Don Reitz Hendricks County Planning Director James McBryant Director Cypress Manor Lisa’ Crouch Hendricks County Emergency Management Lesa Ternet Hendricks County Planning Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF BIDS – TILDEN TERRACE
Commissioner Whicker announced the Notice to Bidders for the Tilden Terrace pipe replacement drainage improvement project had been duly advertised for bids to be received in the Commissioners’ office by 9:30 AM today and it was now 9:30 AM. Commissioner Wathen moved to close bids for Tilden Terrace. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0. John Ayers opened and read the following bids:
Dotlick $ 172,000.00 Campbell’s Excavating $ 190,440.17 Nikirk Construction $ 194,787.13 Yardberry Excavating $ 166,733.75 Central Engineering $ 266,857.00 Atlas Excavating $ 233,610.00 Calumet Asphalt $ 220,400.00 Snider Group $ 242,966.00 Poindexter $ 177,475.00 Harvey Construction $ 283,113.45 J. C. Ripberger $ 271,500.00
John Ayers requested to review these bids and bring back a recommendation next week. It was the consensus of the Commissioners for the Engineering Staff to review the submitted bids and bring back a recommendation to the June 23, 2009 meeting.
John Ayers acknowledged a bid for the Tilden Terrace drainage project was delivered to the Surveyor’s
Office at 9:20 AM today, however, the only location listed to receive bids on the Notice to Bidders for the
Tilden Terrace project was the Commissioners’ Office and it was not in the Commissioners’ Office at 9:30
AM. Attorney Greg Steuerwald directed the bid be returned, unopened to the sender. Mr. Ayers noted the bid was from Trisler Construction IN THE MATTER OF ANIMAL CONTROL
Commissioner Whicker acknowledged receipt of a phone message advising that Sharon LeMasney had a family emergency and will be unable to attend the meeting today to discuss some of her concerns relative to the animal control ordinance and that she would call back and reschedule another meeting date. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of June 9, 2009 as corrected. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #195376 thru 195391, #195718 thru 195729, and
#195404 thru 195677 as advertised. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Whicker announced that Chris Whaley, Inspector for American Structurepoint, had reported to the Regional Sewer Board meeting this morning that although they have had some delays due to the recent rains the sewer pipes at Exit 59 are being installed and they still plan to meet the August 31, 2009 completion date.
Mike Graham reported Attorney Bruce Donaldson, Barnes & Thornburg, has finalized the Kite
Memorandum of Understanding (MOU) and sent to Kite for their proposed project at Exit 59. He stated they are now awaiting a response from Kite.
Commissioner Whicker advised of a briefing on June 9, 2009 from Lauth representatives on their recent filing of bankruptcy and the status of their proposed Westpoint Business Park development at Exit 59. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers stated the Metropolitan Planning Organization (MPO) would have the final vote on the funding for the Ronald Reagan Parkway on June 17, 2009.
John Ayers advised the permits for the wetlands on the Ronald Reagan Parkway are in the process.
John Ayers stated the right of entry over the CSX property on the Ronald Reagan Parkway has been resolved with a Right-of-Way Certificate letter that is acceptable to all parties.
John Ayers explained the new appraisal of the railroad property has increased as the property is now classified as commercial rather than residential due to the change in use.
Receipt was acknowledged of the June 8, 2009 letter from INDOT relative to road transfer of the Ronald
Reagan Parkway and Connector resulting from the construction of the I-74 interchange. The letter stated
INDOT will transfer 1.64 centerline miles south and north of the I-74 interchange, which will be added to the next road inventory, effective June 15, 2009. IN THE MATTER OF JUDICIAL CENTER
John Ayers reported the June 11, 2009 meeting of the Advisory Committee for the judicial center went very well and several options for several sites were presented for consideration. IN THE MATTER OF SHERIFF’S DEPARTMENT - GRANT
Lt. Jim Yetter, Sheriff Department, explained he was following the grant application requirements to return to the Commissioners two weeks after his initial presentation of the Sheriff Department’s application for the
Edward Burn Memorial Grant to check if there had been any support/opposition to this application. There were no responses received. Lt. Yetter explained this $38,000 grant would be used to purchase video and radar systems for squad cars. He stated they have waited the necessary two weeks and there was no opposition so he can now proceed with the next step of this grant application. IN THE MATTER OF ZONING CONCERNS - TOM GOODE
Tom Goode, North Salem, came before the Commissioners to express several concerns on zoning issues including: moving a house; renovation of an old school house; and restrictions on cattle raising on his property.
Greg Steuerwald explained these issues are not under the Commissioners, but are under the jurisdiction of the
Plan Commission and the Planning Staff and Board of Zoning Appeals Staff are all responsive to the Area
Plan Commission. Mr. Steuerwald stated he would check out the concerns of Mr. Goode and report back to him, as well as informing the Commissioners. He further advised Mr. Goode that if he started any of his projects without County approval he would be in violation of County requirements. Commissioner Palmer requested Mr. Steuerwald provide a written response to these concerns for Mr. Goode and provide a copy to the Commissioners. IN THE MATTER OF MULTI-HAZARD MITIGATION PLAN
Lise’ Crouch, Emergency Management, presented for adoption the Resolution of the Hendricks County Board of
Commissioners Adopting the Hendricks County Multi-Hazard Mitigation Plan Heather Buck, Christopher Burke
Engineering, explained this resolution and the need to adopt this resolution in order for the County to receive future funding. Mike Graham explained that overall this document provides an inventory of the hazards in Hendricks
County and provides a road map to address the various hazards. Mr. Graham requested some verbiage be contained in the adopting ordinance that would state the County’s position regarding local funding for projects.
Commissioner Wathen read the following statement to be added to the resolution:
The adoption of the Multi-Hazard Mitigation Plan does not obligate or mandate the County to use local tax money for projects identified in any Multi-Hazard Mitigation Plan.
Commissioner Whicker moved to adopt the Hendricks County Multi-Hazard Mitigation Plan and include the statement: The adoption of the Multi-Hazard Mitigation Plan does not obligate or mandate the County to use local tax money for projects identified in any Multi-Hazard Mitigation Plan, as Resolution No. 09-06.
Commissioner Palmer seconded the motion and the motion was approved 2-1-0 with Commissioners Whicker and Palmer voting aye and Commissioner Wathen voting nay. IN THE MATTER OF GRANT ADMINISTRATOR - FEMA FUNDS
Mike Graham presented the proposal for grant administrator service from Linda C. Fulford, Grant
Administrator form Banning Engineering, to provide services to Hendricks County for a CDBG Disaster
Recovery 1 (DR-1). He stated this grant request is for reimbursement of the 25% local match for FEMA funds received last year. Mr. Graham stated the County will receive approximately $20,000 and the proposal includes compensation for these proposed grant writing services of $2,000, which will be funded from the grant.
Commissioner Wathen moved to approve the proposal for grant services from Banning Engineering for FEMA flood recovery funds, with compensation for services in the amount of $2,000, and authorize the President to sign on behalf of the Commissioners. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
IN THE MATTER OF WASHINGTON TOWNSHIP PARK
Mike Graham advised here would be a June 22, 2009 public hearing before the Avon Planning Commission regarding the new Washington Township park. He gave a brief history of the County owned Lot No. 121 in
Ridge Hill. Commissioner Palmer reported she attended a meeting on the proposed new park and they indicated
Lot No. 121 could be used as an emergency entry/exit. John Ayers explained entrance plans he had received.
Cinda Kattau stated she had been invited by a Washington Township Board Member to attend a meeting tonight on the new proposed park. There was discussion regarding the use of Lot 121 as the secondary access to this park. Commissioner Palmer volunteered to attend the meeting relative to the proposed new Washington
Township Park with John Ayers. It was the consensus of the Commissioners that Commissioner Palmer be the point person on this project and to take another staff member to meetings relative to the proposed new
Washington Township Park. IN THE MATTER OF NACO
Mike Graham reported that as the debate over a National Health System begins NACo is asking counties to support their collective position regarding the federal efforts to address this problem. He presented the NACo
White Paper that recommended resolution regarding this health care effort. It was the consensus of the
Commissioners that Hendricks County not participate nor support the NACo White Paper. IN THE MATTER OF HOMELAND SECURITY
Mike Graham advised that Dave Whicker is the official member to the DPOC for Homeland Security and at times Commissioner Wathen has served as his proxy, however, Commissioner Wathen cannot attend the next meeting of the DPOC scheduled for June 17, 2009. Mr. Graham stated he could attend, this meeting, however, the Commissioners will need to sign another proxy. It was the consensus of the Commissioners for Mike
Graham to attend the June 17, 2009 meeting of the DPOC for Homeland Security and for the President to sign the necessary proxy. IN THE MATTER OF FLEET MANAGEMENT
Mike Graham reported that Commissioner Palmer, Terry Kennard of the Sheriff’s Department and he make up the fleet management committee. He stated Mr. Kennard has completed a vehicle survey of the various departments. He also stated the survey identifies the number of vehicles and those vehicles that will need to be replaced in the near future and from this information we can develop a replacement schedule. Mr. Graham advised this is an incremental approach to fleet management by dealing with individual elements rather than taking it on all at one time and the next item we can deal with is putting into place policies and procedures for routine maintenance. IN THE MATTER OF METROPOLITAN PLANNING ORGANIZATION (MPO)
Lesa Ternet responded to the Commissioners’ request last week relative to Hendricks County participation in the Metropolitan Planning Organization. She represents Hendricks County on the Metropolitan Planning
Organization (MPO) Policy Committee and serves as a voting member on the Policy Committee, which takes their recommendations from the Tech Committee. Ms. Ternet stated the Policy Committee meets quarterly and that she regularly attends. John Ayers stated he represents Hendricks County as a voting member on the Tech
Committee for the MPO and explained the process and the composition of the Tech Committee. Don Reitz explained the need for the County to participate and be involved as the “pay to play” in order to receive any funding from the MPO. Mr. Ayers advised we need to let the MPO know by August 2009 if we plan to pay our
2010 dues of $17,246 and also pay the unpaid balance of $44,211for the years we have not paid the MPO dues. Commissioner Wathen moved to recess the Commissioners’ meeting at 10:45 AM for the Tech Board. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker opened the Tech Board at 10:46 AM with John Parsons, Systems Administrator and Doug Morris, Network Administrator, joining the meeting. IN THE MATTER OF TECH BOARD
John Parsons explained the need to change the servers to virtualization in order to reduce servers, eliminate over-provisioning, better server utilization, maintenance and cost. Doug Morris presented a handout explaining how this would increase the server utilization, reduce hardware requirements and cut hardware and operating costs in half, and an itemized list of the Host Name of the 35 existing servers. It was the consensus of the
Commissioners for Mr. Morris to obtain quotes and bring back next week for further consideration. Commissioner Palmer moved to adjourn the Tech Board at 10:55 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker reconvened the Commissioners’ meeting at 10:56 AM. IN THE MATTER OF CULVERTS FR-001 AND FR-059
John Ayers reported at the June 2, 2009 Commissioners’ meeting 13 bids were received and opened for
Culvert FR-001 and 13 bids were received and opened for Culvert FR-059, both culverts are located in Franklin
Township, on CR 450W. He stated that as read, the apparent low bidder for FR-001 was H. E. Henderson at
$179,268.22, however, upon examination of the bids Trisler Construction had proposed an alternate for a bid of
$174,731.03, which would make them the low bidder for Culvert FR-001.
Mr. Ayers stated for Culvert FR-059 as read, the apparent low bidder was George Harvey and Son at
$188,530.25, however, upon examination of the bids he found that Trisler Construction had proposed an alternate for a bid of $176,560.10 , which would make them the low bidder on Culvert FR-059. Mr. Ayers explained the proposed alternate is for a cast-in-place four-sided structure as opposed to the precise three-sided structure shown in the plans. There was discussion of this type of structure and if this would incur more change orders for the project. Mr. Ayers referenced the Special Provision 19 of the Contract Documents refers to the
Indiana Department of Transportation Standard Specifications, specifically Section 723, “Reinforced Concrete
Three-Sided Drainage Structure”, which allows for the substitution of a four-sided precast OR cast-in-place structure, and recommended to go with the lowest bids for the alternate. Commissioner Palmer moved to accept the Engineer’s recommendation for the alternate low bids and to award the bid for FR-001and FR-059 to Trisler Construction, as the lowest most responsive and responsible bid and for the motion to include that the lowest bid, including the alternate, was in the engineering plans. Commissioner Whicker seconded the motion.
Commissioner Wathen requested the Engineer to watch for Change Orders. The motion was approved unanimously 3-0-0.
IN THE MATTER OF BLUE HOUSE - 839 S. TENNESSEE STREET
John Ayers presented for execution the Warranty Deed and Vendor’s Affidavit for the remainder of the
County owned parcel including blue house located as a part of Lot 16 in Wilson’s Addition at 839 S. Tennessee
Street in the Town of Danville that was used for Bridge No. 274. Commissioner Wathen moved to execute the
Warranty Deed and the Vendor’s Affidavit for the blue house located at 839 S. Tennessee Street in Danville.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CULVERTS MI-006 AND MI-007
John Ayers requested to advertise Notice to Bidders for West Fork White Lick Creek channel relocation and Hendricks County Culverts MI-006 and MI-107, located in Middle Township, for bid opening on July 14,
2009 and stressed the notice states all bids must be received by 9:30 AM in the Commissioners’ Office on July
14, 2009. Commissioner Wathen moved to advertise the Notice to Bidders for west Fork White Lick Creek channel relocation and Hendricks County Culverts MI-006 and MI-007, for bid acceptance on July 14, 2009.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF HIGHWAY GARAGE
John Ayers stated the walls in the Highway garage were in need f repair and presented quotes for this repair from: Joe Powell $ 4,517 Pioneer Restoration $ 5,130
Commissioner Palmer moved to approve the quote from Joe Powell for repair of the walls in the Highway
Garage as the lowest quote received. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF TOWN OF BROWNSBURG - ROADS
There was discussion of the Brownsburg Interlocal Agreement presented on June 2, 2009. Greg Steuerwald stated he has talked with representatives of the Town of Brownsburg on the annexation of a portion of CR 300N and 56th Street (CR600N) into the Town of Brownsburg. There was discussion of the speed limit on these roads. John Ayers explained a section of CR 300N that is within the County’s jurisdiction and a portion of 56th
Street (CR 600N) within the County’s jurisdiction that are surrounded by the Town of Brownsburg. It was the consensus of the Commissioners for Attorney Greg Steuerwald to draft an agreement for these roads and bring back for further consideration. IN THE MATTER OF HISTORIC HOME – SR 267
Commissioner Whicker acknowledged receipt of a letter from INDOT relative to a historic house located on
SR 267. John Ayers clarified this house is within the Town limits of Brownsburg. IN THE MATTER OF CYPRESS MANOR
James McBryant responded to the Commissioners’ previous request on reimbursement from other counties for residents of other counties requesting to reside in Cypress Manor. He stated he had contacted several counties, but Marion County was the only response and they have no funds available for reimbursement.
James McBryant presented an application for a male for residence in Cypress Manor, reported the scope of care he will require and stated he has ARCH support. The male currently resides in another facility outside of Hendricks County. Commissioner Wathen moved to deny residency to the male individual at this time based on the fact he is receiving adequate care elsewhere. Commissioner Whicker seconded the motion and the motion was approved unanimously 3-0-0.
James McBryant presented an application for a female for residency in Cypress Manor that has MS and stated the scope of care she will require can be handled at Cypress Manor. He also stated she has Arch support. and is looking for permanent housing. Commissioner Palmer moved to approve the female applicant permanent residence,, based on the recommendation of the Director of Cypress Manor. Commissioner Whicker seconded the motion and the motion was approved 2-1-0 with Commissioners Palmer and Whicker voting aye and
Commissioner Wathen voting nay. IN THE MATTER OF LINK
Receipt was acknowledged of the June 5, 2009 Notification of Deobligation of Transit Grant Funds for 2009
JARC Capital Grant 09JARC430C.letter from INDOT. The letter states the Indiana Department of
Transportation will deobligate $13,000 in Federal Transit Administration Funds as the said funds are unnecessary for the completion of the approved project activities. It was noted the notice had been faxed to
Sycamore Services and they were aware of this Deobligation of $13,000. Commissioner Wathen moved to approve and accept the Deobligation Notice from INDOT for a $13,000 grant and authorize the President to sign on behalf of the Commissioners. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF 2010 HOLIDAY CALENDAR
Receipt was acknowledged of a request from the Courts for the 2010 holiday calendar. A draft 2010 calendar was presented and it was noted the only dates that require changes are: Independence Day is on
Sunday and suggest moving to Monday, July 5; and Christmas is on Saturday and suggest moving to Friday,
December 24:
HOLIDAY CALENDAR 2010
NEW YEAR’S DAY FRIDAY JANUARY 1, 2010
MARTIN LUTHER KING, JR. DAY MONDAY JANUARY 18, 2010
PRESIDENTS’ DAY MONDAY FEBRUARY 15, 2010
GOOD FRIDAY FRIDAY APRIL 2, 2010
PRIMARY ELECTIOIN TUESDAY MAY 4, 2010
MEMORIAL DAY MONDAY MAY 31, 2010
INDEPENDENCE DAY OBSERVED MONDAY JULY 5, 2010
LABOR DAY MONDAY SEPTEMBER 6, 2010
COLUMBUS DAY MONDAY OCTOBER 11, 2010
GENERAL ELECTION TUESDAY NOVEMBER 2, 2010
VETERANS’ DAY THURSDAY NOVEMBER 11, 2010
THANKSGIVING THURSDAY NOVEMBER 25, 2010
LINCOLN’S BIRTHDAY OBSERVED FRIDAY NOVEMBER 26, 2010
CHRISTMAS DAY OBSERVED FRIDAY DECEMBER 24, 2010
Commissioner Wathen moved to approve and adopt the 2010 holiday calendar as presented. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF BROWNFIELD LOAN - LETTER OF CREDIT
Auditor Cinda Kattau presented the notice from Fifth Third Bank relative to the irrevocable Letter of Credit
No. CIS404233 issued September 6, 2005 for the Brownfield Loan for the Warrick property, Brownsburg –
Rolling Hills, located in Hendricks County, and rescind their non-renewal notice dated July 1, 2009. They listed the expiration date as amended to read September 7, 2009. It was the consensus of the Commissioners for
Attorney Greg Steuerwald to provide a written response to this notice and bring to the June 23, 2009 meeting. IN THE MATTER OF 2010 BUDGET
A copy of the draft 2010 Commissioners’ budget was presented for consideration with a summary sheet
explaining any suggested changes from the 2009 budget. It was noted the 4-H Fair 2010 budget had been received. It was also noted that both Sycamore Services and Senior Services have been contacted and stated their budgets will be here before the June 23, 2009 budget final approval. It was the consensus of the
Commissioners to review this draft budget and bring back June 23, 2009 for final consideration. IN THE MATTER OF TAX SALE
Auditor Cinda Kattau advised she had received notice of an error during the recent tax sale in the amount of
$297.77 and presented a release to be signed for this amount. It was the consensus of the Commissioners to take this matter under advisement and for Counsel to review and bring back a recommendation to the June 23,
2009 meeting. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. IDEM Office of Water Quality - Sewer Permit Application Greater Vision X, LLC for Dublin Glen Apartments, Brownsburg. 2. IDEM, Hendricks Co. RSD – NPDES Final Permit 3. Cummins Behavioral Health Systems, Inc., Board of Directors Meeting, Thursday, June 18, 2009, Milestone Clubhouse, Greencastle, IN, 6:30 p.m.
Action needed/taken on the following:
1. Checks received and signed to the county: None
2. Whicker signed vehicle titles for the following: a. 2006 Chevrolet Impala Sheriffs’ Department
3. Documents needing action: None IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the June 8 to June 12, 2009 weekly Highway report from Martin Summers,
Highway Superintendent. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the June 8 to June 12, 2009 weekly Human Resources report from Ron Love,
Human Resources Director. ------IN THE MATTER OF TORT CLAIM
Receipt was acknowledged of a Tort Claim from Hinkle & Gooch on behalf of John T. Pettitt, Jr. for incident of December 11, 2008 involving the Hendricks County Sheriff’s Department. The original has been hand delivered to Rich Jensen and a copy faxed to Greg Steuerwald. IN THE MATTER OF TORT CLAIM
Receipt was acknowledged of a Tort Claim from McCrosson & Associates, P.C. on behalf of Vern &
Carmen Gipson for damages to their property in December 2008. The original has been hand delivered to Rich
Jensen, a copy faxed to Greg Steuerwald and a copy to David Gaston. IN THE MATTER OF TORT CLAIM
Receipt was acknowledged of a Tort Claim from Young & Young on behalf of Sarah Ellen Smith for an accident on County Road 250 West on April 21, 2009. The original has been hand delivered to Rich Jensen and a copy faxed to Greg Steuerwald. IN THE MATTER OF DISASTER RECOVERY
Commissioner Whicker announced that Kristy Jerrell, West Central Indiana Economic Development
District, will conduct the Disaster Recovery meeting today at 1:00 PM in Room 4-5 of the Government Center.
It was noted that all three Commissioners planned to attend this meeting.
Commissioner Wathen moved to adjourn the Commissioners’ meeting at 11:40 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
June 23, 2009
The Hendricks County Board of Commissioners met in regular session at 9:40 AM on Tuesday, June 23, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer David Gaston Hendricks County Surveyor Michael E. Graham Administrator to Commissioners Don Reitz Hendricks County Planning Director James McBryant Cypress Manor Administrator John Parsons Hendricks County Systems Administrator Doug Morris Hendricks County Network Administrator Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of June 16, 2009 as corrected. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Palmer moved to approve Claims #195730 thru 195733, #195749 thru 195759, #093458 thru 093596 and direct deposit #049786 thru 050191, as advertised. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Wathen stated the discussion was ongoing with the prospective developer at Exit 59 and
INDOT has awarded the SR 39 project to Milestone. Commissioner Wathen thanked the Planning staff for working on the project at Exit 59 and for their continued patience.
Mike Graham advised he had received no response to the Memorandum of Understanding (MOU) from Kite
Developers for Exit 59.
Don Reitz stated the development plans for the road in the Kite project will be heard at the July 14, 2009
Plan Commission meeting.
It was noted that Kite and Clayco have been submitting plans for review to the Planning staff and
Surveyor’s staff for their proposed Project Centerline at Exit 59. The Commissioners gave thanks to the staff for all they have done to help support this project IN THE MATTER OF RONALD REAGAN PARKWAY
Commissioner Wathen announced the Indianapolis Metropolitan Planning Organization (MPO) approved the
$13,000,000 for the Ronald Reagan Parkway over the CSX tracks last week and announced the bid letting will be in September 2009.
John Ayers advised he will meet with representatives from INDOT to justify the estimate for concrete pavement vs asphalt pavement on the Ronald Reagan Parkway north of CR 300N.
John Ayers presented the Inspection Fee Justification Man-hours by Classification from American
Structurepoint, Inc. (ASI) for the Ronald Reagan Parkway from CR 100S to US 36 in the amount of
$1,168,385.53 and requested to submit this inspection fee to INDOT. Mr. Ayers explained the inspectors that would be on site. Commissioner Wathen moved to approve the request to submit the inspection fee proposal for the Ronald Reagan Parkway from CR 100S to US 36 from ASI to INDOT. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Receipt was acknowledged of the June 15, 2009 Appian Activity Report from Dennis Faulkenberg for the
Ronald Reagan Parkway IN THE MATTER OF JUDICIAL CENTER
John Ayers stated there was nothing new to report on the judicial study.
Steve Craney, Banning Engineering, announced the next meeting of the Advisory Committee for the judicial center will be Thursday, August 13, 2009 at 7:00 PM in the Government Center. IN THE MATTER OF RAILS TO TRAILS
Diana Virgil, President B&O Rails to Trails, introduced Deven Lindenberg, Graduate Landscape Architect with Storrow Kinsella Associates, consulting agency for the B&O Trail, and presented the LPA-Consulting
Contract to utilize federal monies with the Indiana Department of Transportation for transportation for design of a segment of the B&O Trail through Hendricks County in the amount of $432,700. Ms. Virgil stressed the plans must be turned in for state approval in September 2009. She gave a brief history of the Rails to Trails paying fees with monies that are at no cost to the County. Commissioner Wathen moved to approve the contract with Storrow Kinsella Associates for the B&O Trail design, pending State approval, and authorize the County Engineer to proceed with Notice to Proceed, upon approval from the State. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Diana Virgil distributed brochures for the first B&O run/walk scheduled for September 12, 2009. IN THE MATTER OF U.S. CENSUS - 2010
Dallas D. Wilson, Partnership Specialist Chicago Regional Census Center, presented 2010 Census packets and requested Hendricks County to partner with the Census Bureau to encourage everyone to complete the census information and return. He stated Hendricks County had a 66% return in the 2000 census compared to the State average of 69%. Mr. Wilson explained the process, gave due dates, recommended the Commissioners appoint a committee to oversee the promotion of the census and adopt a proclamation of support. It was the consensus of the Commissioners to add the census proclamation on the July 7, 2009 agenda for further consideration. IN THE MATTER OF CYPRESS MANOR
James McBryant presented the application of Lawrence Callis for permanent residency in Cypress Manor and stated this applicant is currently residing in the Putnam County Home that will be closing soon and would like to be transferred to Hendricks County. He further advised this applicant is currently on the Arch program.
Commissioner Palmer moved to accept this applicant as a resident of Cypress Manor, as recommended by
Mr. McBryant. Commissioner Whicker seconded the motion and the motion was approved 2-1-0 with
Commissioners Palmer and Whicker voting aye and Commissioner Wathen voting nay. IN THE MATTER OF ORDINANCE NO. 2009-17 TZA SIGN STANDARDS, DEFINITIONS AND PERMITTED
Don Reitz presented TZA 01-09: an amendment to the Zoning Ordinance by amending Chapter 9 Sign
Standards, Chapter 15 Definitions and Table 9.1 Permitted Signs and explained the proposed changes. Mr.
Reitz stated the Plan Commission held a public hearing for this zoning text amendment on June 9, 2009 and sends this text amendment with a favorable recommendation of 7-0-0. Commissioner Wathen stated there were no remonstrators at the public hearing and made a motion to approve this zoning text amendment as Ordinance
No. 2009-17, as recommended by the Plan Commission. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF ABANDONED PROPERTY
Don Reitz explained that with the current economy there are a large number of homes that have been abandoned and some of them have existing swimming pools that are creating a dangerous situation in many neighborhoods including possible drowning and mosquitoes. He inquired if there were any funds available that can be used to cover the pools with plywood or repair damaged fence that would protect children from the pools in the interest of the safety of our citizens. The Commissioners requested Mr. Reitz to bring back some figures and cost to resolve this safety issue. IN THE MATTER OF COMPUTER DEPARTMENT
John Parsons again explained the need for virtualization for the servers to reduce the number of servers in order to reduce costs and maintenance. In response to the request of the Commissioners last week, Doug Morris presented quotes: from NETwork Storage, Inc. and from Matrix Integration. The NETwork Storage, Inc. quote was a great savings to the County, if the order was placed by the end of June 2009. Mr. Parsons stated they could fund the majority of the cost for this equipment from the Computer budget and requested the remainder, approximately $70,000, be funded from the Commissioners’ equipment line. The total cost would be approximately $112,902.20. Greg Steuerwald advised this equipment should be bid and that a Notice to Bidders be advertised. Commissioner Palmer moved to advertise for bids for this computer equipment for bid opening on July 14, 2009 in the Commissioners’ Office at 9:30 AM, as recommended by the County Attorney.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLEAN WATER
David Gaston presented a Memorandum of Agreement (MOA) regarding cooperation and coordination of implementing 327 IAC 15-13 (Rule 13) within Hendricks County between Hendricks County (through the
Hendricks County Partnership for Water Quality) and the Town of Brownsburg, Indiana. Mr. Gaston explained this agreement and stated Brownsburg Town Council President Gary Hood had signed the agreement.
Commissioner Wathen moved to approve the Memorandum of Agreement with Brownsburg for Partnership for Water Quality and authorize the President to sign on behalf of the Commissioners. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF NATIONAL GEODETIC SURVEY - CORS
David Gaston presented a handout of the National Geodetic Survey – CORS and explained this system was recently added to the Government Center and the advantages of this mapping system to the County Mr.
Gaston also stated this mapping system is available for use to all Hendricks County citizens at no cost as it was funded from taxpayers money. IN THE MATTER OF AMATEUR RADIO WEEK
Commissioner Whicker acknowledged request from Jay Wright for a proclamation recognizing the week of
June 21, 2009 as Amateur Radio Week and read the following proclamation: . P R O C L A M A T I O N
AMATEUR RADIO WEEK
WHEREAS, the County of Hendricks, has more than 1,000 licensed Amateur Radio Operators who have demonstrated their value in public assistance by providing emergency radio communications; and
WHEREAS, these Amateur Radio Operators donate these services free of charge to Hendricks County in the interest of the citizens of the County as well as the world; and
WHEREAS, these Amateur Radio operators are on alert for any emergency, local and World wide and practice their communications skills during the American Radio Relay League’s Field Day exercise; and
WHEREAS, the Amateur Radio Field Day will take place Saturday, June 27 and Sunday, June 28, 2009 at Hendricks County 4-H Fairgrounds and Conference Complex. Hendricks County also recognize the central Indiana counties participating in Marion County for the Central Indiana Amateur Radio Community.
NOW, THEREFORE, we as Commissioners of the County of Hendricks hereby declare the week of June 21, 2009, AMATEUR RADIO WEEK.
In recognition of this important emergency preparedness exercise we call upon all citizens to pay appropriate tribute to the Amateur Radio Operators of Hendricks County.
In witness whereof Hendricks County Board of Commissioners, dated this 23rd day of June 2009.
David A. Whicker, President SEAL (Signed) Phyllis A. Palmer, Vice President Eric L. Wathen, Member
Commissioner Palmer moved to approve and sign the Proclamation recognizing the week of June 21, 2009 as Amateur Radio Week. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF SHERIFF’S PENSION PLAN
Mike Graham gave a brief update on the review of the Sheriff’s pension plan. It was the consensus of the
Commissioners for Mike Graham to check with the Council and the Sheriff on this matter and bring back a report. IN THE MATTER OF GRANT – FLOOD RECOVERY
Mike Graham reported on the agreement signed last week with Banning Engineering to write a grant on the County’s behalf to the Indiana Office of Community and Rural Affairs with the grant money to provide
Hendricks County an additional $18,000 for 2008 flood recovery. He advised that as a part of the grant process
Hendricks County will be required to adopt a Fair Housing Ordinance and presented a sample ordinance. It was the consensus of the Commissioners to add discussion of this fair housing policy to the July 7, 2009 agenda for further consideration. IN THE MATTER OF NACO
It was noted that last week in discussion of the Hendricks County participation in NACo the
Commissioners had asked the amount of the dues Hendricks County paid to NACo and a check of the records
indicates in 2008 the County paid the NACo annual dues for 2009 in the amount of $1,870.
Mike Graham gave a brief update on the history of Hendricks County membership with NACo and of the various elected officials participation in NACo. He also reported there are 4,322 Hendricks County residents that have used the Prescription Drug Discount Card that is provided to counties that are members of NACo.
It was the consensus of the Commissioners to add NACo funding to the July 7, 2009 agenda for further discussion. IN THE MATTER OF ENERGY STUDY - AMERESCO
John Ayers presented the Section 1, Executive Summary from AMERESCO listing the results of a preliminary facility assessment for the Hendricks County Courthouse and the Hendricks County Government
Center to identify energy conservation measures as well as other facility improvement measures that are consistent with the County’s goals on energy conservation. Mr. Ayers stated they are pursuing additional information and are working toward applying for an ARRA Department of Energy grant to implement some of these measures. It was the consensus of the Commissioners for the Engineering Department to continue working on this grant energy study. IN THE MATTER OF BIDS FOR CARPET REPLACEMENT IN GOVERNMENT CENTER
John Ayers advised there were several things to take into consideration on awarding the bid for carpet replacement in the Government Center and requested to continue the awarding of the bid to the July 7, 2009 meeting. It was the consensus of the Commissioners to continue the awarding of the bid for carpet replacement in the Government Center to the July 7, 2009 meeting, as requested by the County Engineer. IN THE MATTER OF GOVERNMENT CENTER WINDOWS
John Ayers explained the contractor for replacement of windows in the Government Center had replaced one window in the Government Center to make sure of the window installation and of the windows before all of the windows were ordered. He noted they have resolved some small issues and all of the windows have now been ordered and will be delivered in August 2009 and then installed. IN THE MATTER OF BIDS FOR TILDEN TERRACE
John Ayers reported that eleven bids were opened last week for the Tilden Terrace Drainage Project and the Engineering staff has reviewed all bids. He stated Yardberry Landscape Excavating Company was the low bid in the amount of $166,733.75 and Dotlich was the second low in the amount of $172,000. Mr. Ayers recommended awarding the bid to Yardberry Landscape, as the lowest bid received for this drainage project.
Commissioner Palmer moved, based on the Engineer’s recommendation, to award the bid for the Tilden
Terrace Drainage Project to Yardberry in the amount of $166,733.75, as the lowest most responsive and responsible bid received. Commissioner Whicker seconded the motion and the motion was approved unanimously 3-0-0.
IN THE MATTER OF JAIL
John Ayers informed the Commissioners the jail roof is in bad shape and needs to be replaced.
Commissioner Wathen moved to advertise for bids for a 30-year roof for the jail, contingent on funding.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Mr. Ayers will check the required specs and advertise for a new jail roof. IN THE MATTER OF HAM RADIO - ANTENNA
John Ayers reported the ham radio operators have requested the addition of a 60 foot antenna on the roof of the Government Center. It was the consensus of the Commissioners to not take any action on this request until they had more details. They requested John Ayers to check with the ham operators for more specifics. IN THE MATTER OF WASHINGTON TOWNSHIP PARK
Commissioner Palmer reported she and John Ayers had attended a meeting of the Washington Township
Park and relayed several concerns that were expressed by citizens at the meeting. There was discussion that the
County owned Lot 121 in Ridge Hill (Prestwick) was originally planned to be used for construction purposes and as an emergency entry/exit only. John Ayers reported the Avon Plan Commission heard this proposed park project at their June 2009 meeting and continued the park project for thirty days. IN THE MATTER OF THE CENTRAL INDIANA REGIONAL TRANSIT AUTHORITY (CIRTA)
Mike Graham acknowledged receipt of the June 8, 2009 letter from CIRTA (Central Indiana Regional
Transit Authority) requesting the 2009 Hendricks County contribution of $10,702 and reported that Larry
Hesson is the County’s representative on the CIRTA board. There was discussion from which budget this should be funded, if a new line item should be established and if the County should participate and fund
CIRTA. It was the consensus of the Commissioners to not add a new line for CIRTA, at this time, and for Mike
Graham to discuss this matter with Council President Larry Hesson to bring before the Council. IN THE MATTER OF CLERK’S OFFICE – CREDIT CARD PAYMENTS
Cindy Spence forwarded an agreement and request to change the credit card management company they use to accept credit card payments in the Clerk’s office to Government Payment Services, Inc, GovPayEXP), which is the same credit card service that Hendricks County Treasurer Nancy March currently uses. Ms. Spence also advised that Attorney Greg Steuerwald had reviewed and approved the agreement. Commissioner Palmer moved to approve Agreement Number IN061509 HENENDRICKSCOUNTYCLERK01 with the Hendricks
County Clerk and Government Payment Service, Inc. (d/b/a Government Payment EXP and GovPayEXP), as requested by the Clerk. Commissioner Wathen seconded the motion and the motion was approved unanimously
3-0-0. IN THE MATTER OF BROWNFIELD LOAN - WARRICK
Greg Steuerwald responded to the Commissioners’ request last week to write a response to the Brownfield
Delinquency Letter of Credit from Fifth Third Bank for the Warrick property and suggested the County contact
Fifth Third Bank and give them an opportunity to respond before sending a letter. It was the consensus of the
Commissioners for Auditor Cinda Kattau to contact Fifth Third Bank on the Letter of Credit for the Warrick property in Lincoln Township and bring back a report to the July 7, 2009 meeting. IN THE MATTER OF TAX RELEASE
Cinda Kattau presented an error in the tax sale that needs approval for a tax release. It was the consensus of the Commissioners for the County Attorney to review this matter and bring a recommendation to the July 7,
2009 meeting. IN THE MATTER OF LINK TRANSPORTATION GRANT
Commissioner Whicker acknowledged receipt of a phone call from Beth Ann Leach, Executive Director
Senior Services, stating they were withdrawing their application for the transportation grant for LINK as they
had determined they would not need this funding and, therefore, they would not need to come before the
Commissioners today. IN THE MATTER OF PROSECUTOR’S OFFICE
Commissioner Whicker acknowledged receipt of an Equitable Sharing Agreement and Certification from the Prosecutor’s Office for a grant on Friday, June 19, 2009 that needed to be signed to meet the deadline.
Commissioner Palmer moved to approve the Equitable Sharing Agreement and Certification from the
Prosecutor’s office and authorize the President to sign on behalf of the Commissioners. Commissioner Whicker seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF ENGINEERING - 2010 BUDGET
John Ayers presented a summary sheet and a copy of the proposed 2010 Engineering budget and explained.
Mr. Ayers advised of some proposed changes in staff positions in his department. He also presented a copy of the EDIT and Cum Cap budgets for 2010. IN THE MATTER OF EAST CAMPUS ROAD
John Ayers reported the proposed road on the Hendricks County East Campus will go before the Danville
Plan Commission for a variance in July 2009. He stated they plan to start this road project as soon as all requirements are approved. IN THE MATTER OF COMMISSIONERS’ 2010 BUDGET
The draft Commissioners’ 2010 budget for presented for approval with a summary sheet explaining several changes. It was noted John Ayers has moved the $20,000 from the Telephone equipment line 100-36601-000-
135 to Cum Cap, which will reduce the Commissioners’ budget $20,000. Receipt was acknowledged of the
Senior Service budget from Beth Ann Leach retaining her request for Senior Services the same as 2009 at
$30,000. The 2010 Fair Board budget was also received, which was reduced $5,400 by the Fair Board. There was discussion of the budget and of the changes. Commissioner Wathen moved to approve the 2010 budget request, as presented. Commissioner Palmer seconded the motion and the motion was approved unanimously
3-0-0.
Commissioner Whicker announced the Commissioners’ budget hearing would be held on Tuesday, August
4, 2009 at 1:00 PM in the Government Center. IN THE MATTER OF BROWNSBURG SEWER SERVICE AREA
Commissioner Wathen advised that he and Mike Graham would be meeting Tuesday, June 30, 2009 at 9:30
AM with representatives of the Brownsburg Town Council to discuss sewer service to the I-74 interchange area.
IN THE MATTER OF INDIANA COUNTY COMMISSIONERS’ ASSOCIATION (ICC)
Commissioner Palmer announced she had been elected to serve as President of the West Central District of the Indiana County Commissioners Association (ICC). The Commissioners congratulated Commissioner
Palmer on being elected to this position. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence: 1. IDEM Office of Water Quality, Sewer Permit Application Plans & Specifications for Sanitary Sewers Exit 59 Wastewater Facilities, Construction Permit, Extension Revision 2. INDOT, Planned Improvement for intersection of SR 267 & CR 100 North 3. Sullivan County Board of Commissioners requesting the State Legislature to create a Statewide Extraction Tax and request the support of the Hendricks County Commissioners to contact our legislators in support of enacting an Extraction Tax on any natural resource that is extracted from our land, water or air legislation.
Action needed/taken on the following:
1. Checks received and signed to the county: None
2. Whicker signed vehicle titles for the following: Nine
3. Documents needing action: None IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the June 15 through June 19, 2009 weekly Highway report from Martin
Summers, Highway Superintendent. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the June 15 through June 19, 2009 weekly Human Resources report from Ron
Love, Human Resources Director. IN THE MATTER OF WEIGHTS AND MEASURES
Receipt was acknowledged of the June 15, 2009 Weights and Measures monthly report from Charles
Colbert, Weights and Measures Inspector. IN THE MATTER OF MEETINGS
It was announced that next Tuesday, June 30, 2009 would be a fifth Tuesday and there would be no
Commissioners’ meeting. The next meeting will be July 7, 2009. IN THE MATTER OF REDEVELOPMENT COMMISSION
Commissioner Whicker announced Harold Hiser, President Redevelopment Commission, has requested a
Redevelopment Commission meeting and it has been scheduled for Monday, June 29, 2009 at 7:00 PM. IN THE MATTER OF FORD FAMILY
Commissioner Wathen asked that everyone keep the Ford Family in their prayers. Debbie Ford, Planning
Department, suffered serious injuries to herself, husband Fred and son Chandler in a traffic accident over the weekend and she lost her daughter Erin and friend Luke Lovins in that accident. Debbie, Fred and Chandler remain in the hospital at this time.
Commissioner Wathen moved to adjourn the Commissioners’ meeting at 11:50 AM. Commissioner Palmer
seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
July 7, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, July 7, 2009 with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of June 23, 2009, 2009 as corrected. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner moved to approve Claims # thru, as advertised. Commissioner seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
IN THE MATTER OF RONALD REAGAN PARKWAY
IN THE MATTER OF JUDICIAL CENTER
Commissioner moved to recess the Commissioners’ meeting for the Tech Board at AM. Commissioner seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker opened the Tech Board at AM with John Parsons, Systems Administrator and Doug Morris, Network Administrator joining the Meeting. IN THE MATTER OF TECH BOARD
Commissioner moved to adjourn the Tech Board at AM. Commissioner seconded the motion and the motion was approved unanimously 3-0-0. ------Commissioner Whicker reconvened the Commissioners’ Meeting at AM. IN THE MATTER OF EXECUTIVE SESSION
Commissioner Whicker read the following signed memo:
TO: File
DATE: July 7, 2009
We hereby certify that the only matter discussed during the Hendricks Board of Commissioners Executive Session on this date, duly published by means of the posted Agenda, was the only item listed on said Agenda and no final action was taken.
Hendricks County Board of Commissioners
David A. Whicker, President Phyllis A. Palmer, Vice President Eric L. Wathen, Member IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
IN THE MATTER OF HIGHWAY Receipt was acknowledged of the Highway report from Martin Summers, Highway Superintendent. IN THE MATTER OF HUMAN RESOURCES Receipt was acknowledged of the Human resources report from Ron Love, Human Resources Director.
Commissioner moved to adjourn the Commissioners’ meeting at . Commissioner seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
July 14, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, July 14, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer John Parsons Hendricks County Systems Administrator Doug Morris Hendricks County Web Master James Mc Bryant Cypress Manor Administrator Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF BIDS
Commissioner Whicker announced it was 9:30 AM and bids for Culverts MI-006 and MI-007 were to be submitted by this time. Commissioner Wathen moved to close bids for Culverts MI-006 and MI-007.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Commissioner Whicker announced it was past 9:30 AM and bids for consolidation of the County’s computer server infrastructure was due at this time. Commissioner Wathen moved to close bids for the County’s computer server infrastructure. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of July 7, 2009 as corrected. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #196316 thru 196318 and #196381 thru 196388, as presented. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF MI-006 & MI-007
John Ayers acknowledged five bids had been duly received for the West Fork White Lick Creek Channel relocation and Hendricks County Culverts MI-006 and MI-007 removal He opened and read the following bids:
Calumet Civil Construction $ 481,242.00 George Harvey & Son $ 382,518.42 M & D Excavating $ 553,049.32 Trisler Construction Company $ 443,566.80 CKR, Inc. $ 440,881.35
Mr. Ayers requested a week to review these bids. It was the consensus of the Commissioners for the County
Engineer and staff to review the bids and bring back a recommendation next week. IN THE MATTER OF COMPUTER SERVER INFRASTRUCTURE
John Parsons opened and read the only bid received for county computer server infrastructure from Network
Storage, Inc. in the amount of $118,181.79 for virtualization. It was the consensus of the Commissioners for
John Parsons and Doug Morris to review this bid and bring back a recommendation next week.
IN THE MATTER OF DR-1 GRANT
Commissioner Whicker announced a public hearing for the DR-1 Grant from Indiana Office was scheduled for today, July 14, 2009, however, during the July 7, 2009 Commissioners’ meeting the
Commissioners decided not to support a Public Housing Policy, which was a requirement for application of
DR-1 Grant, therefore, based on this decision, the DR-1 Grant application is cancelled and the County will not pursue this grant. IN THE MATTER OF EXIT 59
Commissioner Whicker announced during the Drainage Board meeting this morning the ClayCo Centerline project in the 70 West Commerce Park at Exit 59 received Drainage Board approval and will go before the Plan
Commission this evening.
Commissioner Wathen stated they had no new information from Kite on the Memorandum of Understanding
(MOU), at this time.
Jason Bria, Lauth Development, gave a brief update on development at Exit 59 and introduced Mike Jones,
Lauth Development. Mr. Bria advised they were waiting on a document from Attorney Bruce Donaldson on water. Greg Steuerwald advised he will check with Mr. Donaldson on this document. Commissioner Wathen acknowledged that Jason Bria, Lauth Development, had attended the joint Commissioners and Council meeting on July 9, 2009. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers advised he has posted a Request for Design of the Ronald Reagan Parkway from CR 100S to CR 200S.
Commissioner Wathen inquired if the County was responsible for mowing the Ronald Reagan Parkway as it needs to be mowed. John Ayers stated the County is responsible and he will talk to Highway about mowing the
Ronald Reagan Parkway.
John Ayers stated INDOT has posted their list of projects and the bridge on the Ronald Reagan Parkway over the CSX tracks is scheduled and posted for October letting. IN THE MATTER OF JUDICIAL CENTER
John Ayers stated there was nothing new to report on the judicial center. IN THE MATTER OF GRAHAM REPORT
It was noted Mike Graham was on vacation and there would be no Graham Report today. IN THE MATTER OF EAST CAMPUS ROAD
John Ayers explained he had attended a meeting with the Danville Plan Commission to request a variance regarding the road on the East Campus. He stated he had requested for the lanes to be 11 feet, however, the Danville Town Ordinance specifies16 foot and they have now negotiated and agreed on 12 foot lanes. Mr. Ayers stated this lane change will require some design changes.
There was discussion of moving or removing the storage building on the East Campus and of other buildings available in the area for storage.
IN THE MATTER OF BROWNSBURG ROADS
John Ayers stated he is waiting for a legal description for clarification of the Brownsburg road issue of annexing some roads into the Town of Brownsburg. IN THE MATTER OF 56TH STREET
John Ayers explained the right-of-way settlement with a property owner on 56th Street and presented documents for execution for Don Fisher, 56th Street Association, LLC. Properties. Mr. Ayers stated the contract should read they will “allow” access and not “build” access. It was the consensus of the Commissioners to sign this previously approved document for 56th Street and for John Ayers to make the necessary change.
Commissioner Wathen requested signs be posted on 56th Street well in advance of the road closure. IN THE MATTER OF WASHINGTON TOWNSHIP PARK
John Ayers advised when he and Commissioner Palmer attended a meeting of the Avon Plan Commission to discuss the Washington Township Park they requested a letter regarding road access through the County owned lot in Ridge Hill/Station Hill. Mr. Ayers presented a draft letter for consideration. IN THE MATTER OF B&O TRAIL
John Ayers last week explained the purchase agreement with CSX for the B&O trail through Hendricks
County required soil tests and stated on July 7, 2009 the Commissioners approved the estimate from ATC
Associates, a geotechnical firm, in the amount of $30,885. He presented this contract with ATC for execution.
He further advised the cost for this soil testing will be split between the B&O Trail Association and CSX. It was the consensus of the Commissioners to execute the contract with ATC Associates for soil testing of the
B&O Trail. IN THE MATTER OF GOVERNMENT CENTER CARPET
John Ayers presented a contract with Steelcore Construction Company for replacement of the carpet in the Government Center that was approved during the July 7, 2009 meeting. It was the consensus of the
Commissioners to execute this previously approved contract with Steelcore. Mr. Ayers stated there would be a pre construction meeting on July 16, 2009. IN THE MATTER OF JAIL ROOF
John Ayers explained he had attended the July 9, 2009 Council meeting to request additional appropriation for a new replacement roof for the existing jail and was approved for $250,000. He advised he has met with an architect and supplier to determine the specs for this new roof and requested to send Notice to Bidders with a request for bids to be submitted on August 25, 2009. Commissioner Wathen moved to approve advertising the
Notice to Bidders for replacement of jail roof for bids to be received at 9:30 AM on August 25, 2009 in the
Commissioners’ meeting room. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
John Ayers stated the Wage Committee Hearing of July 13, 2009 was to adopt a wage scale for the replacement of a new jail roof. He stated he had presented the ABC wage scale and explained these rates are current for 2009. He further advised that the AFL/CIO representative presented their wage scale and the State presented the Workforce Development Wage Scale. He explained a motion was made to adopt the AFL/CIO scale and a motion was made to adopt the ABC scale, however, there was no second on the adoption of either wage scale. The State representative, Jonathan Dhondt, had contacted their general counsel and was advised if the Wage Committee does not adopt a wage scale it falls to the awarding agency, the Commissioners.
Greg Steuerwald recommended the wage scale for the jail roof replacement be placed on the July 21, 2009 agenda. IN THE MATTER OF TILDEN TERRACE
John Ayers presented a proposal for engineering services from Banning Engineering for inspection and evaluation of Tilden Terrace Subdivision drainage issue, located in Brownsburg, Indiana, along with a fee schedule and scope of services with a not to exceed of $6,000. Commissioner Wathen moved to approve the contract with Banning Engineering for engineering service for the Tilden Terrace drainage project, not to exceed $6,000. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CR 901E
Commissioner Wathen relayed concerns expressed during the Drainage Board this morning regarding CR
901E and requested the Highway crew to clean out the ditches in this area to resolve drainage issues. IN THE MATTER OF SCHOOL BRANCH BRIDGE
Commissioner Wathen questioned the elevation of the School Branch Bridge. John Ayers explained the elevations for this bridge and approach. IN THE MATTER OF CYPRESS MANOR
James McBryant presented a per diem based on full capacity and 2010 Operating Budget projection for private pay rates of residents in Cypress Manor. He explained the current rate is $39.00 per day and the per diem cost is $35.81. Commissioner Wathen moved that the daily private pay rate for residents in Cypress
Manor be increased from $39.00 to $42.00. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker moved to make this rate increase to $42.00 effective
January 1. 2010. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
James McBryant explained an application from a resident in Howard County that would like to move to
Cypress Manor and advised this is a private pay individual. It was the consensus of the Commissioners for Mr.
McBryant to bring a completed application for this individual next week for further consideration. IN THE MATTER OF CENSUS 2010 PROCLAMATION
In response to a request from the Census 2010 on July 7, 2009 for a Hendricks County Census 2010
Proclamation for partnering with the 2010 census a draft proclamation was presented. There was discussion of the proclamation and several suggested changes as the Commissioners had previously agreed not to organize any census committees in Hendricks County. It was the consensus of the Commissioners to revise and bring back a 2010 Census proclamation for further consideration. IN THE MATTER OF BROWNFIELD LOAN – WARRICK / ROLLING HILLS
Greg Steuerwald advised he was gathering information relative to the notification of Brownfield Delinquency from
Fifth-Third Bank for the Warrwick - Rolling Hills property. He stated he would prepare a response letter and bring back next week for consideration. IN THE MATTER OF DANVILLE ANNEXATION AND THE RELEASE OF PLAINFIELD JURISDICTION BY THE COUNTY
It was noted that on December 9, 2008 the Commissioners approved an Interlocal Agreement with the Town of
Danville for annexation of 1,400 acres including the landfill and the Hendricks County Airport-Gordon Graham Field.
This agreement was due to the prohibition on new annexation during the 2009 census taking process. Gary Eakin,
Danville Town Manager, provided a copy of the agreement signed by the Danville Town Council; however, the original agreement or a copy signed by the Commissioners cannon be located. A copy of the agreement with the signatures of \ the Danville Town Council and the minutes approving this interlocal agreement were presented. It was the consensus of the Commissioners to sign the execute of the Interlocal Agreement with the Town of Danville that was approved on
December 9, 2008, that had been signed by the Danville Town Council and authorize the President to sign on behalf of the
Commissioners. IN THE MATTER OF PERFORMANCE REVIEWS
Commissioner Wathen referenced a report from Human Resources relative to departments that are conducting the Employee Performance Reviews and stated all departments under the Commissioners are responding. He requested a letter be sent to all departments that are not participating, except the Extension
Office, and to send them a separate letter. Commissioner Wathen stated Council is considering withholding raises to departments that do not conduct the performance reviews. IN THE MATTER OF UNITED WAY
Receipt was acknowledged of a request from Susie Friend, Executive Director United Way, to collect Back
Pack Attack school supplies by placing boxes in the county government buildings to collect school supplies for underprivileged children. Commissioner Wathen moved to allow the Back Pack Attack boxes to collect school supplies for underprivileged children and for Human Resources to coordinate the project. Commissioner
Whicker seconded the motion and the motion was approved 2-1-0 with Commissioners Wathen and Whicker voting aye and Commissioner Palmer voting nay as she would like to have more information on this project. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. IDEM Office of Air Quality, Portable Source Relocation Letter, portable Portland Cement Concrete Operation, Berns Construction Co. 2. IDEM Office of Water Quality, Construction Permit Application for Sanitary Sewer Extension at Dublin Glen Apartments, Brownsburg, IN Approval. 3. IDEM, Notice of Public Comment, Eli Lilly & Co. Distribution Facility Preliminary Findings Regarding the Renewal of a MSOP for the Distribution Facility located at 2222 Stanley Road, Airwest Business Park, Plainfield, IN.
Action needed/taken on the following:
1. Checks received and signed to the county: None
2. Whicker signed vehicle titles for the following: None
3. Documents needing action: None IN THE MATTER OF SUMMONS - BENNETT
Receipt was acknowledged of three Summonses from Scott C. Bennett and Melody S. Bennett relative to Action to
Quiet Claim Title to Real Estate for the parcel containing the Highway storage building in Middle Township. All three
Summonses have been hand delivered to Greg Steuerwald. Mr. Steuerwald advised they will file that the County has no interest in this property. IN THE MATTER OF VETERANS AFFAIRS
Receipt was acknowledged of the monthly report for the Department of Veterans Affairs for June 2009 from Lori
Turpin, Veterans Affairs Officer. IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the July 7 to July 10, 2009 Highway report from Martin Summers, Highway
Superintendent. IN THE MATTER OF HUMAN RESOURCES
Ron Love provided a packet of information for Chapter 6 for the Employee Handbooks.
Receipt was acknowledged of the July 7 to July 10, 2009 weekly Human Resources report from Ron Love,
Human Resources Director. IN THE MATTER OF VISITORS AND CONVENTION BUREAU
Receipt was acknowledged of the Financial Statement and Supplementary Information for the years ended December
31, 2008, 2007 and 2006 from Emory Lencke, Director Visitors and Convention Bureau.
Receipt was acknowledged of the State Board of Accounts Audit of the Tourism Commission for the fiscal year 2008. IN THE MATTER OF HNTB
Commissioner Wathen introduced two visitors to the meeting today, Chris Rops and Burleigh Law of HNTB
Corporation.
Commissioner Wathen moved to adjourn the Commissioners’ meeting at 10:55 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
July 21, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, July 21, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor Michael E. Graham Administrator to Commissioners John Parsons Hendricks County Systems Administrator Don Reitz Hendricks County Planning Director James McBryant Cypress Manor Administrator James Andrews Hendricks County Assistant Engineer Leanna Alverson Hendricks County Engineering Department Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of July 14, 2009 as corrected. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #196739 thru 196756, #196773 thru 196780, #196422 thru
196738, #093737 thru 093882, and direct deposit #050588 thru 050993, as presented. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Wathen reported the proposed new project for Exit 59, Centerline, received Plan Commission approval on July 14, 2009 for the development plan, received Board of Zoning Appeals approval on July 20, 2009 and Drainage Board Approval on July 14, 2009.
Commissioner Wathen stated they were advised this morning during the Regional Sewer Board meeting the contractor is ready to bore under I-70 this week and the sewer project at Exit 59 is continuing to progress on schedule.
Mike Graham reported he had received no response on the Memorandum of Understanding (MOU) from Kite.
Greg Steuerwald advised he is checking with Bruce Donaldson, Barnes & Thornburg, regarding the bond anticipation note that Jason Bria, Lauth Development, referenced last week. IN THE MATTER OF RONALD REAGAN PARKWAY
Commissioner Wathen stated the bridge on the Ronald Reagan Parkway over the CSX tracks is set for a
September letting.
Commissioner Wathen advised they plan to send out Requests for Qualifications (RFQ) for CR 100S to CR 200S and stated he has received several calls expressing a lot of interest in this project.
Mike Graham relayed a request from Tom Klein, Avon Town Manager, to hold another Ronald Reagan Task
Force meeting. It was agreed to hold another Task Force meeting on Thursday, August 6, 2009 at 3:30 PM in the
Government Center.
Commissioner Wathen introduced Dennis Faulkenberg of Appian. Mr. Faulkenberg presented an update on the Ronald Reagan Parkway, explained the funding received from local, state, federal INDOT and MPO. He stated he has been in Washington D.C. on the Ronald Reagan Parkway project to stress the regional impact of the Ronald Reagan Parkway and the need to include Boone County. Mr. Faulkenberg advised he had submitted a request to Congressman Steve Buyer for funding of CR 300N to CR 600N (56th Street) that is in the process. He also explained some options for funding, the innovative financing and the application for a Tiger Grant.
Commissioner Wathen acknowledged the Ronald Reagan Parkway roadsides had been mowed by the Highway crew.
Receipt was acknowledged of the monthly Appian report for July 15, 2009. IN THE MATTER OF JUDICIAL CENTER
Commissioner Whicker announced the next meeting of the Advisory Council for the judicial center study will be held on Thursday, August 13, 2009 at 7 PM in the Government Center. IN THE MATTER OF WAGE SCALE - JAIL ROOF
Leanna Alverson reported the Wage Committee was unable to approve a wage scale for replacement of the jail roof as no motion for a wage scale received a second and therefore, died with no action taken. Greg Steuerwald stated the general counsel of the Indiana Department of Labor had advised the Wage Committee that with no action approved the wage scale defaults to the awarding agency, which in this case is the Commissioners. The ABC
(Associated Builders and Contractors) wage scale, the AFL/CIO wage scale and the Workforce Development wage scale were presented. Commissioner Wathen moved to approve the 2009 ABC rates for the jail roof replacement.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Leanna Alverson advised that after further assessment of the jail roof it has been determined that it would be better to not fix the roof until next spring and requested that the advertisement for Notice to Bidders for this project be moved to December 2009. Reference was made to the July 17, 2009 memo from John Ayers relative to this project stating we could temporarily patch the roof and then replace/repair at a later date and by delaying the project will reduce the cost. Commissioner Wathen moved to rescind the motion made in the July 14, 2009 meeting to advertise the Notice to Bidders with an August 25, 2009 bid date for replacement of the jail roof that was made during the July
14, 2009 Commissioners’ meeting. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF GOVERNMENT CENTER - CARPET REPLACEMENT
Leanna Alverson reported the bids for replacement of carpet in the Government Center had come in lower than anticipated and requested to upgrade the carpet. She stated the upgraded carpet would last longer and look better and could be upgraded for an additional cost of $34,240. Commissioner Wathen moved to upgrade the carpet to a higher grade in order for it to wear and look better for $34,200. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Leanna Alverson requested to replace the interior mats at each exterior entrance to the Government Center and presented several different types of mats. She stated these could be replaced for up to $4,300 depending on the type of mat selected. Commissioner Wathen moved to allow up to $4,300 to replace the inter mats at all interior doors in the Government Center and for Commissioner Palmer to decide the type of mat that was most effective and functional. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
IN THE MATTER OF CULVERTS MI-006 & MI-007
Jim Andrews referenced the bids opened last week for Culverts MI-006 and MI-007, located on the West Fork
White Lick Creek Channel, and stated the lowest bid received was from George Harvey & Son in the amount of
$382,518.42. He recommended awarding the bid to George Harvey & Son. Commissioner Wathen moved to award the contract for culverts MI-006 and MI-007 to George Harvey and Son in the amount of $382,518.42, as the lowest most responsive and responsible bid received. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF ORDINANCE NO. 2009-18 TZA 92-09 AMENDMENT TO ZONING ORDINANCE
Don Reitz presented TZA 92-09, an amendment to the Hendricks County Zoning Ordinance, Chapter 4 Zoning
Districts. Being amended are Section 4.14(B), Chapter (C) NB Zoning District, 4.15(B) Highway Business District, and Table 4.3 Permitted Uses (Institutional Uses Other) by deleting places of worship as a special exception in the NB zoning district and adding places of worship as a permitted use in the NB and HB zoning districts. Mr. Reitz gave a brief history of this requested change. He stated the Plan Commission held a public hearing on July 14, 2009 and sends this zoning text amendment with a favorable 6-0-0 recommendation. Commissioner Wathen moved to approve
TZA92-09, an amendment to the Zoning Ordinance, as Ordinance No. 2009-18, as recommended by the Plan
Commission. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF 56TH STREET
Commissioner Wathen stated they were advised during the Regional Sewer Board meeting earlier today the contractor on 56th Street had damaged a sewer pipe of the Hendricks County Regional Sewer District, however, Aqua
Indiana had been denied a copy of the DVD for their review of the damage. He requested the Engineering
Department to obtain a copy of the DVD from Poindexter Construction for review of this damage. IN THE MATTER OF CYPRESS MANOR
James McBryant presented the application of Connie L. Masters for residency to Cypress Manor and stated this applicant was a resident of Hendricks County that would be private pay at this time and explained that the current living arrangement for this individual will cease when their caretaker leaves their current residence. Commissioner
Palmer moved to approve this applicant for residency in Cypress Manor, as recommended by the Director.
Commissioner Whicker seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CENSUS 2010 PROCLAMATION
Commissioner Whicker stated in response to a request from the U.S. Bureau of the Census for a proclamation for
Hendricks County to partner with the 2010 Census the Commissioners would consider the following proclamation:
Hendricks County Census 2010 Proclamation
Whereas, the next Decennial Census will be taken in the year 2010, and political representation to the United States House of Representatives, state legislatures and local governments is determined by the Decimal Census, and the County of Hendricks recognizes the importance of having each resident counted in the 2010 Census court; and,
Whereas, the County of Hendricks has agreed to be one of 6,425 government entities in partnership with the U.S. Bureau of the Census; and,
Whereas the County of Hendricks has agreed to inform the County’s residents in the necessity and importance of their rapid response and 100% participation in the Census 2010; and,
Whereas, the County of Hendricks will cooperate to provide data and mapping materials to help have a complete count and to support all efforts to inform the residents the importance of completing the 2010 Census.
Therefore, the Hendricks County Board of Commissioners hereby proclaims full support and participation in the overwhelming success of Census 2010.
Dated this 21st day of July, 2009.
David A. Whicker, President (SEAL) (Signed) Phyllis A. Palmer, Vice President Eric L. Wathen, Member
Commissioner Wathen moved to approve and sign the Census 2010 proclamation, as presented. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF BROWNFIELD LOAN - WARRICK / ROLLING HILLS
Attorney Greg Steuerwald advised he had met with Auditor Cinda Kattau relative to the Letter of Credit from
Fifth-Third Bank for the Brownfield loan for the Warrick/Rolling Hills property. He stated he has contacted Fifth-
Third Bank and they are requesting a copy of the original Letter of Credit. Mr. Steuerwald requested this item remain on the Commissioners’ agenda for their next meeting. IN THE MATTER OF VOTER REGISTRATION - PRECINCTS
Receipt was acknowledged of correspondence of July 15, 2009 from Clerk Cindy Spence and Laura Herzog,
Election Supervisor, advising they had reviewed the active voter numbers and they have complied in accordance with the Indiana Code 3-11-1.5-2 and recommend that all precinct boundaries stay as they currently stand for the 2010 election. They stated a verification of all precincts will be performed after the 2010 census in order to provide through and accurate numbers. They also included packets including the number of registered active voters in each of the 99 precincts. IN THE MATTER OF COMPUTER SERVER INFRASTRUCTURE
John Parsons reported on the one bid received last week for the County computer server infrastructure from
Network Storage in the amount of $118.181.70. He explained this computer storage system for virtualization, stated they had reviewed the bid and recommended the bid be awarded to Network Storage in the amount of $118,181.70, however, he did not have a contract as they will forward a contract if the bid is awarded Mr. Parsons also stated the
Commissioners are to pay $69,000 from the equipment line in their budget and the Computer Department will pay the balance from their budget. Commissioner Wathen moved to accept the bid from Network Storage for the County computer server infrastructure in the amount of $118,181.70, subject to review and approval of the contract by the
County Attorney. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. ------IN THE MATTER OF PROPERTY TAX STTEMENTS
Auditor Cinda Kattau stated they are waiting to receive the tax rates from the DGLF and hope to have them later this week. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence: None
Action needed/taken on the following:
1. Checks received and signed to the county: None
2. Whicker signed vehicle titles for the following: None
3. Documents needing action: None Commissioner Wathen moved to recess the Commissioners’ meeting for the Tech Board at 10:30 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker opened the Tech Board at10:31 AM with John Parsons, Systems Administrator and Doug Morris, Network Administrator joining the Meeting. IN THE MATTER OF TECH BOARD
John Parsons stated he had nothing to bring before the Tech Board.
Commissioner Wathen moved to adjourn the Tech Board at10:32 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. ------Commissioner Whicker reconvened the Commissioners’ Meeting at 10:33 AM. IN THE MATTER OF WEIGHTS AND MEASURES Receipt was acknowledged of the Weights and Measures monthly report for July 15, 2009 from Charles Colbert and the 2008-2009 Annual Report for the Indiana State Department of Health Division of Weights & Measures Motor
Fuel Inspection report from Mr. Colbert. IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the July 13 to July 17, 2009 weekly Highway report from Martin Summers,
Highway Superintendent. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the July 13 thru July 17, 2009 weekly Human Resources report from Ron Love,
Human Resources Director. IN THE MATTER OF CONSERVATION CLUB
Commissioner Wathen stated the Hendricks County Solid Waste is going to look at removing the lead from the
Conservation Club property.
Greg Steuerwald stated they need to notify the Conservation Club they have breached their lease. Commissioner Wathen moved to adjourn the Commissioners’ meeting at 10:34 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. John Parsons returned to the Commissioners’ meeting and presented the computer contract from Network Storage for computer server infrastructure that was approved earlier in the meeting that had just been emailed to his office. Commissioner Whicker reconvened the Commissioners’ meeting at 10:36 AM. IN THE MATTER OF COMPUTER CONTRACT
Commissioner Wathen moved to allow the President to sign the contract on behalf of the Commissioners with
Network Storage, as previously approved, subject to review and approval of the County Attorney. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Wathen moved to adjourn the Commissioners’ meeting at 10:37 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______ATTEST: ______Eric L. Wathen, Member
July 28, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, July 28, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer David Gaston Hendricks County Surveyor Michael E. Graham Administrator to Commissioners Dr. David Hadley Hendricks County Health Director Monica Smith Hendricks County Director of Nursing Sarah Thompson Hendricks County Health Department Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of July 21, 2009 as corrected. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Palmer moved to approve Claims #196841 thru 196872 and #196873, as presented.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Greg Steuerwald advised he is working with Attorney Bruce Donaldson, Barnes & Thornburg, on documents with
Lauth Development for Exit 59.
Mike Graham stated the Commissioners may need to contact the Morgan County Commissioners for their assistance in getting their attention to review the document for the TIF area in Morgan County.
Commissioner Wathen announced the State will close portions of SR 39 at Exit 39 while they are making road improvements in this area.
Mike Graham stated there had been no action on the Kite Memorandum of Understanding (MOU).
John Ayres presented a draft letter to Lauth Development asking them to record the road plat and the utility easements at Exit 59. It was the consensus of the Commissioners to approve, sign and send the letter to Lauth
Development to record the road plat and utility easements for their Westpoint Business Park, located at Exit 59. IN THE MATTER OF RONALD REAGAN PARKWAY
Commissioner Wathen announced the Ronald Reagan Task Force would be meeting at 3:30 PM on Thursday,
August 6, 2009 in the Government Center.
Commissioner Wathen advised they were seeking Requests for Qualifications (RFQ) for design of the Ronald
Reagan Parkway from CR 100S to CR 200S.
John Ayers gave an update on the right-of-way required from CSX and the reappraisal of this property. He stated the railroad had advised it was their policy to not purchase right-of-way until the Construction Agreement for the same project had been executed. Mr. Ayers explained this was the reason there was a three year delay from the time the County first offered to purchase the property to the time CSX Railroad considered it, which resulted in a higher appraisal value. Commissioner Wathen moved to pay the reappraised value for the Ronald Reagan Project for CR 100S to CR 2 00S, in the amount of $321,500, for right-of-way from the CSX Railroad. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
John Ayers stated he is working to resolve the Right of Entry through the railroad property on the Ronald Reagan
Parkway with INDOT. Commissioner Wathen volunteered to contact the Crawfordsville District INDOT on this issue. IN THE MATTER OF JUDICIAL CENTER
Steve Craney, Banning Engineering, presented draft information from the National Center for State Court (NCSC)
Advisory Committee and requested the Commissioners to review the information and provide their comments in order to send the final draft to the members of the Advisory Committee before their August 13, 2009 meeting. He requested the Commissioners to forward their comments to him by August 4, 2009. IN THE MATTER OF H1N1 PANDEMIC
Dr. David Hadley advised he and three members of his Staff had attended a State information meeting on the procedures for handling/preventing the H1N1 Pandemic. Monica Smith stated they will attend another meeting next week to learn more about the procedures required by the County Health Department to vaccinate all residents and stated this will be a two step procedure requiring two vaccinations for each individual. She stressed the H1N1 is a new virus that will affect the younger populations, the vaccine will only be available through the local Health
Department and they will be totally responsible for all vaccinations, care of the vaccine and all administrative procedures in each county. Ms. Smith further advised they will be receiving federal grants to implement and fund this program, which will require hiring nurses to handle the actual vaccinations and inquired about the possibility of using County employees to do the administrative data entry of these vaccinations. Commissioner Palmer asked about the possibility of employees volunteering their time for data entry after work hours. Ms. Smith further stated they are also looking at purchasing another refrigerator to maintain the vaccine at the proper temperature. Sarah Thompson advised they are considering the possibility of using the Hendricks County 4-H Fairgrounds and Conference Complex as the site for the vaccinations and stated they currently have a Pandemic Volunteer Committee and they will have an organizational meeting on August 27, 2009 at 2 PM in the Government Center. There will also be a Town Hall type meeting on August 4, 2009. It was noted that Indiana had 29 confirmed H1N1 cases last year with two deaths. There was discussion of the possible use of County employees for the data entry. IN THE MATTER OF WATER QUALITY – PITTSBORO & DANVILLE
Surveyor David Gaston presented a Memorandum of Agreement regarding Cooperation and Coordination of
Implementing 327 IAC 15-13 (Rule 13) within Hendricks County between Hendricks County (through the Hendricks
County Partnership for Water Quality) and the Town of Pittsboro, Indiana and also a Memorandum of Agreement regarding cooperation and Coordination of Implementing 327 IAC 15-13 (Rule 13) within Hendricks County between
Hendricks County (through the Hendricks County Partnership for Water Quality) and the Town of Danville, Indiana for consideration. Mr. Gaston stated this is an annual agreement between the County and these towns and is the same as it has been in previous years. Commissioner Wathen moved to approve the Memorandum of Agreement for Clean
Water for the year of 2009 for water quality with Pittsboro and Brownsburg and authorize the President to sign both documents on behalf of the Commissioners. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EMPLOYEE PERFORMANCE REVIEWS
Mike Graham responded to the Commissioners request for a letter to the various elected officials/department heads regarding the completion of the performance reviews for employee within their respective departments. He stated
Ron Love, Human Resources Director, provided a list of the departments who said they were participating and those not responding. He further advised of the 33 Departments 20 Departments said they were interested in participating leaving 13 who did not respond and of the 13 not responding he thought the Sheriff and the Extension Office already do performance reviews. He stressed most of the departments have demonstrated cooperation and recommended a softer approach to continue requesting the department heads to participate and in addition to a letter from the
Commissioners that he and Ron Love do some visits. Commissioner Palmer requested the date for each employee review be clarified to be either the anniversary date of employment or an annual date for these reviews. It was the consensus of the Commissioners to approve and send the letter, as presented, regarding employee performance reviews. IN THE MATTER OF CONSERVATION CLUB
Mike Graham replied to the question during the meeting last week on whether or not the Conservation Club was put on notice regarding the default on their lease and stated in a May 21, 2008 letter, signed by Commissioner
Whicker, the Conservation Club was put on notice regarding their breach of the lease. The strategy has been to work with the Club and the neighbors to find a solution. He stated we are currently waiting for Sycamore Services to purchase land from Hendricks Regional Health and after the land sale to Sycamore, the hospital would use the proceeds to purchase land from the County and then we would use the money from the sale for repair of the dam. The process has been exceedingly slow, but it is still moving forward. Mr. Graham also stated that during this process we received several complaints by Conservation Club neighbors about the shooting range at the Conservation Club and now that Danville Development has surrounded the range it may no longer be an appropriate use at this location.
There was discussion of the dam, the lease, property line, ownership and of the shooting range. It was the consensus of the Commissioners for Mike Graham to check on the property line and ownership and bring back additional information for further consideration. IN THE MATTER OF EMERGENCY MANAGEMENT ADVISORY CONCIL
Mike Graham responded to the Commissioners request for the Emergency Management Advisory Council to be evaluated and explained the current ordinance establishes a 13 member advisory council with one Commissioner, a
Council member and one member representing the legislative bodies of all 11 towns in Hendricks County. He stated that participation by these three groups for the most part has been zero and those persons attending the advisory council are primarily firemen and policemen, however, it is not clear who they represent. Mr. Graham stated that several months ago the Commissioners asked for a recommendation to establish an advisory council with clarity on who is to be a member and who appoints the members. The advisory council has completed their work and makes the following recommendation for membership.
1. Commissioner Appointee 2. Council Appointee 3. Hendricks County Communication Center Appointee (appointment made by the Governing Board) 4. Hendricks Regional Health Appointee 5. Hendricks County Sheriff Dept. Representative 6. Town Council appointments from Avon, Brownsburg, Danville & Plainfield (each town appoints one representative from the fire department and one representative from their police department) 7. Small Town Representative (the EMAC recommends one representative from either the fire or police departments from one of the remaining seven smaller towns and the County Commissioners ratify the recommendation)
He stated this would create a 14 member advisory council and it would clarify who makes the appointments. There was a significant effort made by Commissioner Wathen, Councilman Puckett and the people who participated on the
Advisory Council to develop this recommendation and asked that Ordinance No. 2005-24, which establishes the
Emergency Management be amended to reflect this proposed change. Commissioner Whicker moved to accept the proposal and proceed to amend the ordinance to adopt the changes in Emergency Management Council, as presented. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. It was the consensus of the Commissioners that all appointees be for a one year term and that Greg Steuerwald draft the amended ordinance. IN THE MATTER OF COMMUNICATIONS CENTER
Mike Graham explained the Communications Center continues to have funding problems as the funding process we established requires each of the participating units of government to pay their fair share based upon the number of runs, population and employees and although it is a very fair and democratic formula it does not work. He stated each year the contribution is adjusted based upon the previous year’s activity and these adjustments make it very difficult for the various councils to handle because this does not fit with normal budget practices. While some communities do not pay their fair share there is absolutely no way to force payment and we cannot refuse to provide service. Mr.
Graham stressed the Communications Center is a very good example of effective reorganization of government at a local level. However, there is a weakness in the effort as the funding method we developed and it needs to be changed. He presented this year’s spread sheet that illustrates the problem. There was discussion of possible funding and of several options. No action was taken at this time. IN THE MATTER OF 56TH STREET
John Ayers gave a brief update on progress on the 56th Street project explaining the effort to resolve the issues with damaged septic systems and to have them connected to the new sewer. IN THE MATTER OF UNITED WAY THERMOMETER
Receipt was acknowledged of an email received from Susie Friend, Executive Director United Way, requesting to again place the United Way Thermometer on the Courthouse lawn from August thru December, as has been done in previous years
Commissioner Wathen moved to allow United Way to place their thermometer on the Courthouse lawn during the month of August thru December, as has been done in previous years. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF WASHINGTON TOWNSHIP WAGE COMMITTEE APPOINTMENT
Receipt was acknowledged of a call from the office of the Washington Township Trustee requesting an appointment to a Wage Committee for the Washington Township Community Center. They stated the meeting will be held on August 10, 2009, however, they need to submit the name of the appointee to the state by August 2, 2009.
They did not provide any names of individuals who might be willing to serve on this committee. It was noted that
Rick Myers and Karl Buetow have both previously served on wage committees for the Town of Avon. It was the consensus of the Commissioners to contact Karl Buetow to serve on this Wage Committee for the Washington
Township Community Center and if he could not serve, for Commissioner Palmer to provide the name of another individual in her township. IN THE MATTER OF LETTER OF CREDIT - WARRICK / ROLLING HILLS PROPERTY
Greg Steuerwald advised he had the original Letter of Credit for the Warrick / Rolling Hills property in the amount of $543,514.44, explained he was requesting the full amount and presented a draft cover letter. Commissioner
Wathen moved to approve and send the cover letter to Fifth Third bank for the Letter of Credit for the Warrick /
Rolling Hills property. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF COST RECOVERY
Receipt was acknowledged of a letter from Maximus advising we would be receiving our first quarter indirect reimbursement claim in the amount of $20,615.34. This represents the first payment of four coming back to
Hendricks County from the County’s indirect costs through the IV-D government program for welfare and child support in 2007. It was noted Maximus does the County indirect cost recovery audit annually at a cost of $13,706. IN THE MATTER OF STATEMENT OF WAGES
Auditor Cinda Kattau presented the Statement of Wages and stated they are required to present this statement each
July to the Commissioners and Council. It was the consensus of the Commissioners to add this to the August 4, 2009 agenda for discussion. IN THE MATTER OF 2010 BUDGET
Auditor Cinda Kattau explained a budget strategy meeting held yesterday by the Council to discuss the 2010 budget. She stated they will be sending a memo to all elected officials and department heads requesting them to cut
20% from their budget. The Commissioners requested a copy of their proposed 2010 budget presented and for the
2010 Budget be added to the August 4, 2009 agenda for further discussion. IN THE MATTER OF PROPERTY TAX STATEMENTS
Auditor Cinda Kattau reported they have received the tax rates from the State and that she and Treasurer Nancy
March will meet to confirm collection dates. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
1. INDOT, Legal Notice of Public Hearing, Replacement of bridge over CSXZ Railroad on State Road 39, Danville, IN, Tuesday, August 11, 2009, 6:00 p.m., Danville, South Elementary School, 1375 West Lincoln Street, Danville, IN. 2. FEMA notification of implementation of the floodplain management measures for Hendricks County, IN to participate in the National Flood Insurance Program (NFIP).
Action needed/taken on the following:
1. Checks received and signed to the county: None
2. Whicker signed vehicle titles for the following: a. 2006 Chevrolet Impala Sheriff’s Department b. 2006 Chevrolet Impala Sheriff’s Department
3. Documents needing action: None IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the July 20 to July 24, 2009 Highway report from Martin Summers, Highway
Superintendent. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the July 20 to July 24, 2009 Human Resources report from Ron Love, Human
Resources Director. IN THE MATTER OF ANIMAL CONTROL
Receipt was acknowledged of the Quarterly Animal Statistics for April 1 through July 30, 2009 from Mary Anne
Lewis, Chief Animal Control Officer.
Commissioner Palmer requested Ms. Lewis be contacted for a report on the activity at the animal shelter during
Saturday hours. IN THE MATTER OF CRIMINAL JUSTICE GRANT
Receipt was acknowledged of a request from the Sheriff’s Department to approve and execute the Grant
Agreement OTS – Big City/County-Fiscal Agent between Indiana Criminal Justice Institute and the Hendricks
County Sheriff Department and Hendricks County Auditor in the amount of $25,000. Commissioner Wathen moved to approve the Grant Agreement for Criminal Justice and the Hendricks County Sheriff Department in the amount of
$25,000 and authorize the President to sign on behalf of the Commissioners. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Commissioner Wathen moved to adjourn the Commissioners’ meeting at 11:07 AM and to meet at Cypress Manor for lunch and a tour of that facility. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
August 4, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, August 4, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Gail Brown Hendricks County Assessor David Gaston Hendricks County Surveyor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners James McBryant Administrator Cypress Manor Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF BIDS
Commissioner Whicker announced it was 9:30 AM and the Notice to Bidders for Bridge No. 188 had stated all bids would be received by 9:30 AM on Tuesday, August 4, 2009 in the Commissioners’ Meeting Room.
Commissioner Palmer moved to close bids for Bridge No. 188. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of July 28, 2009 as corrected. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #197237 thru 197269, #196877 thru 197190, #093887 thru 094013 and Direct Deposit #050994 thru 051380, as presented. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF BRIDGE NO. 188
John Ayers opened and read the five bids received for Bridge No. 188, located on CR 0 south of US 40, as follows:
George Harvey & Son $186,206.15 CLR Inc. 195,264.75 H. E. Henderson 163,958.92 Trisler Construction Company 176,382.12 Cavalier Civil Construction 191,000.00
It was the consensus of the Commissioners for John Ayers and his staff to review the five bids received and bring back a recommendation in one week. IN THE MATTER OF EXIT 59
Commissioner Wathen reported he and Cinda Kelly, Executive Director Economic Development, had attended a meeting with a potential developer at Exit 59 and the developer is very interested in locating in
Hendricks County. John Ayers reported they are currently working on the entrance and building location for this developer at Exit 59.
Commissioner Whicker advised that during the Regional Sewer Board meeting earlier this morning they were informed Valenti-Held had bored under I-70 for the sewer lines and due to the rains they had requested and were granted an extension of time for a substantial completion date from August 1, 2009 to August 24,
2009.
Mike Graham reported we have a problem with a bill owed by Lauth and explained that as a part of the entrance drive improvements associated with Lauth’s Westpoint Business Park, we entered into an agreement with INDOT to have some improvements constructed at the time of the SR 39 improvements. This prevents
SR 39 from being torn up twice. The cost is $400,000 and it is to be paid for by Lauth however, INDOT requires our name on the agreement. INDOT is demanding payment from us and we are not getting payment from Lauth. The bond money for the Lauth project is divided into two accounts, one for infrastructure improvements and another for capitalized interest. Mr. Graham stated there is no money left in the infrastructure account to pay the $400,000, however, we could try to get the payment out of the capitalized interest account but the problem is Lauth would be entitled to recover additional TIF money to pay back the loss of the capitalized interest money. He stated if we do not claim the $400,000 in the capitalized interest account we may lose access to it if Lauth includes Westpoint in their bankruptcy. A copy was presented of several emails between Bruce Donaldson, Barnes & Thornburg, and the County staff regarding this topic. John Ayers presented a draft letter to Lauth Group relative to their Westpoint Business Park project at Exit 59 addressing this issue and advising the beginning balance in the Construction Account of the Capital Fund was $2,400,000 and deducting the original contract amount of $2,249,000, with estimated net Change Order amount of
$107,259.37 and the required INDOT payments of $400,000 leave a deficit of $356,259.37. Additionally, there are $6,500 in inspection fees owed to the Planning and Building Department, bringing the total amount owed to the County to $362,759.37. There was discussion of setting a compliance date of August 15, 2009 and this date be added to the letter. Commissioner Wathen moved to submit the letter to Lauth to take money from the account to pay the balance including the inspection fees and that payment be made by August 15, 2009 in the amount of $362,759 .37. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. It was the consensus of the Commissioners to fax this letter to Lauth today and to send the original by registered mail with return receipt.
Commissioner Wathen inquired if the environmental wetlands at Exit 59 should be transferred to the County from the Hendricks County Regional Sewer Board. It was the consensus of the Commissioners for Attorney
Greg Steuerwald to draft an agreement for this transfer of property for an easement for this mitigation area with ownership to remain with the Hendricks County Regional Sewer Board. IN THE MATTER OF RONALD REAGAN PARKWAY
Commissioner Wathen stated they are still awaiting a response from Brownsburg relative to providing sewer service to the I-74 and Ronald Reagan interchange area.
In the area of US 36 John Ayers explained issues with the Right of Entry from CSX for the bridge over the tracks and stated this is required by INDOT before going to a letting for this bridge.
Commissioner Wathen advised there is a meeting scheduled with Brownsburg and INDOT this week and
Brownsburg plans to ask INDOT to help pay for the portion of the Ronald Reagan Parkway instead of the proposed SR 267 improvements through the Town of Brownsburg. He stated he is checking with Laurie
Maudlin, Appian, to determine if we should attend the meeting. It was the consensus of the Commissioners that
Brownsburg should take the lead at this meeting with INDOT.
John Ayers advised he had met with INDOT on the paving design and they have agreed to use concrete from
US 36 to CR 300N.
John Ayers presented the list of 11 firms that responded to the Requests for Proposals (RFP) for Bridge 127, to be located over the CSX tracks, and the 14 firms that responded for the Ronald Reagan Parkway for CR
200S to CR 100S. Commissioner Wathen requested the list be reduced to a short list of three and that they interview those three firms. It was the consensus of the Commissioners to do a short list of three firms for each project and for John Ayers to check and report back on the interview process. IN THE MATTER OF JUDICIAL CENTER
There was a brief discussion of the report presented last week from the National Center for State Courts
(NCSC) for the organizational review of the circuit and superior courts and related agencies in Hendricks
County. It was the consensus of the Commissioners for Steve Craney, Banning Engineering, to send this report to all members of the Judicial Center Advisory Committee.
Steve Craney, Banning Engineering, reported the next meeting of the Advisory Committee will be held on
Thursday, August 13, 2009 at 7 PM in the Government Center. IN THE MATTER OF ASSESSOR’S OFFICE – PTABOA COMPOSITION
Assessor Gail Brown presented a letter of August 4, 2009 stating in light of new legislation it has fallen on the Commissioners to change the structure of the Property Tax Assessment Board of Appeals (PTABOA) from a four member board to either a three or five member board and stated the Assessor can no longer serve as a member of the Board. She stated the Board will have members appointed by the Commissioners and members appointed by the Council and members must be from both political parties. Commissioner Wathen moved to allow the PTABOA to be made up of five members. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Assessor Brown recommended appointing Gordon McIntyre and Ronald Faulkner, both Level 2 certified
Assessor-Appraisers by the State of Indiana, and also recommended Gene Ploughe, a licensed real estate broker for the Commissioners’ appointees to a five member board with the remaining two members of the board to be appointed by the Council. She noted that Mr. McIntyre and Mr. Ploughe would serve as the Republicans on the board and Mr. Faulkner would serve as the Democrat on the board. Commissioner Wathen moved to appoint the three members, Gordon McIntyre, Ronald Faulkner and Gene Ploughe, to serve on the Property
ax Assessment Board of Appeals (PTABOA), as recommended by the County Assessor, Gail Brown.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF DRAINAGE BOARD FEE ORDINANCE
Surveyor David Gaston presented an amended Drainage Board and Erosion Control Uniform Fee Schedule to increase fees and explained the changes. He requested to advertise the amended fee schedule for a public hearing on Tuesday, September 1, 2009. It was the consensus of the Commissioners to advertise the amended
Drainage Board and Erosion Control Uniform Fee Schedule for a public hearing on Tuesday, September 1,
2009, as requested by the County Surveyor. IN THE MATTER OF GARDEN PLOTS
Mike Graham reported there is a committee associated with the Town of Danville assigned the task of trying to develop 10 x 10 garden plots to be used by the citizens. He explained the Town would require the citizens to sign an agreement and to abide by specific rules and regulations and the Danville Parks Department would prepare the plots and make them available for the 2010 gardening season. He stated they need some land for this project and think the Government Center East Campus would be ideal. Danville is seeking conceptual authorization at this point. Mr. Graham asked the Commissioners if they would like to have Laura Parker with
Danville to make a formal request or if they wanted him to work out the details and bring it back? It was the consensus of the Commissioners for Mr. Graham to obtain additional information on this request and bring back for consideration. IN THE MATTER OF EMPLOYEE PERFORMANCE REVIEWS
Mike Graham explained there was discussion last week if the performance reviews were to be done all at one time or on the anniversary date of the employee’s hire as the procedures state the reviews are to be done on the anniversary date. He stated when the performance review notice was sent on June 2, 2009 it stated that reviews were to be done on the anniversary date but asked elected officials and department’s heads to go back and do the reviews for employees with anniversary dates between January 1, 2009 and June 2, 2009. Mr. Graham reported that since that announcement HR has worked with several departments and agreed with them to not do the catch-up and to simply start the reviews next year for those employees with their anniversary date from
January 1 to June 2, 2009. IN THE MATTER OF ANIMAL CONTROL - SATURDAY HOURS
Mike Graham responded to the Commissioners’ earlier request on activity during Saturday hours at the
Animal Control and stated it has been open on 10 Saturdays and reported they have had 99 citizens visit the facility with a total of 9 adoptions. There have been 14 owners who have surrendered animals and 8 of the 14 have paid to put the animal down. Mr. Graham reported a total of 5 owners have claimed their animals that have been picked up by an animal control officer and during the month of July there have been a total of 51 adoptions and none have been adopted on Saturday. He also stated there are three officers that operate the facility on a Saturday. It was noted Ms. Lewis will include information regarding Saturday hours in her next quarterly report. It was the consensus of the Commissioners to continue to monitor the Saturday hours at the
Animal Control facility. Commissioner Palmer moved to recess the Commissioners’ meeting for the Tech Board at 10:30AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker opened the Tech Board at 10:31 AM.
IN THE MATTER OF TECH BOARD
Commissioner Whicker announced he had received information from John Parsons, Systems Administrator, that he had nothing to bring before the Tech Board today.
Commissioner Palmer moved to adjourn the Tech Board at 10:32 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker reconvened the Commissioners’ meeting at 10:33 AM. IN THE MATTER OF CONSERVATION CLUB
Mike Graham referenced last week there was talk about revoking the Conservation Club lease including talk about the shooting range and there was a belief that by revoking the lease we could have some impact on the shooting range. He reported that by revoking the lease it would have zero impact on the shooting range because no part of the range is on County property and provided an aerial photograph showing the location of the shooting range. He stated the only improvements on the County property are a portion of the lake and the entire dam and the only way to force the issue would be to bill the Conservation Club for neglect of the dam and then through some type of legal action force them to sell the land so we could have money to fix the dam. Greg
Steuerwald gave several options for consideration. No action was taken at this time. IN THE MATTER OF GIS
Mike Graham advised we are interviewing three firms on August 25, 2009 to evaluate who hosts our GIS web site. He stated the firms are The Schneider Corporation, 39 Degrees North and WTH Engineering with interviews from 1:00 p.m. thru 4:00 p.m. Mr. Graham stated Commissioner Wathen is the Commissioners’ representative for the interviews. IN THE MATTER OF PAVEMENT MARKING PROJECT
John Ayers presented the 2009 Hendricks County Pavement Marking Project Bids and read the following:
Ogelsby Construction $ 65,390.41 Indiana Sign and Barricade, Inc. $ 96,200.32 Highway Technologies $ 57,474.96
Mr. Ayers recommended awarding the bid to Highway Technologies as they were the lowest bid received.
Commissioner Wathen moved to approve and accept the Highway Technologies bid for pavement marking as the lowest most responsible and responsive bid received. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF GOVERNMENT CENTER
John Ayers explained the replacement entry mats in the Government Center and the upgrade in replacement carpet in the Government Center was an additional $48,140.00 from Steelcore Construction Co., and presented
Change Order No. 001 for this addition and upgrade. Commissioner Wathen moved to approve Change Order
No. 001 with Steelcore Construction for entrance mats and upgrade of carpet in the Government Center in the amount of $48.140.00, and authorize the President to sign on behalf of the Commissioners. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0.
John Ayers stated they will be starting the replacement of windows in the Government Center this week and they have placed large containers in the parking lot during this time of replacement. IN THE MATTER OF RAILROAD CROSSINGS REPAIR
John Ayers explained he had met with representatives of CSX to repair three railroad crossings in Hendricks
County, north of Brownsburg. He stated the railroad preferred to close all three roads at once while they work on them and explained he is working with them as he preferred closing roads to repair the three crossings at different times for better traffic flow. IN THE MATTER OF MPO
John Ayers gave a brief update on some proposed changes to the composition of the Metropolitan Planning
Organization (MPO) and the voting privileges of members of the board. IN THE MATTER OF WASHINGTON TOWNSHIP PARK
John Ayers reported the Avon Plan Commission approved the Washington Township Park last week.
Last week the Commissioners appointed Karl Buetow to serve on the Wage Hearing Committee for the
Washington Township Park Community Center and it was noted that Mr. Buetow had been contacted and has agreed to serve in this position. The Wage Hearing will be held on Monday, August 20, 2009 at 8:15 AM in the
Government Center. IN THE MATTER OF BRIDGE NO. 188
John Ayers explained some farmers have expressed concerns on having Bridge No. 188, located on CR 0 south of US 40, closed during fall harvest and inquired if the date could be moved back to allow time to move fall crops in the area. It was the consensus of the Commissioners for John Ayer to check the specs for the time frame and report back on this concern. IN THE MATTER OF CYPRESS MANOR 2010 BUDGET
James McBryant stated they were working to reduce the 2010 Cypress Manor budget and explained some possible alternatives. He stated he will follow up after his presentation to the Council. IN THE MATTER OF STATEMENT OF WAGES
Receipt was acknowledged of the 2009 Statement of Wages presented by Auditor Cinda Kattau at the meeting on July 28, 2009. It was the consensus of the Commissioners to accept the 2009 Statement of Wages as presented. IN THE MATTER OF THE TOWN OF DANVILLE - ALARMS
Receipt was acknowledged of three Ordinance Violation Notices for Ordinance No. 44-1998, Alarm
Systems, for 3rd alarm response in the amount of $25, 4th alarm response in the amount of $50 and 5th alarm response in the amount of $80 from the Town of Danville. All three violations are at the Courthouse during
2009, for a total of $155.00. John Ayers explained these alarms go off during storms, power outages, etc. and stated there is no charge for the first two false alarms. It was the consensus of the Commissioner for Mike
Graham to talk with the Town of Danville on these billings and on the alarms. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. IDEM, Office of Water Quality, Facility Construction has received a sewer permit application from Real America Development, TTC for the construction of East Main Apartments in Danville, IN.
Action needed/taken on the following:
1. Checks received and signed to the county: a. Governmental Interinsurance exchange Vehicle Damage $150.00 b. Governmental Interinsurance exchange Vehicle Damage $1864.72
2. Whicker signed vehicle titles for the following: a. 1990 Dodge Pick Up Highway Department
3. Documents needing action: None IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the July 27 through July 31, 2009 Highway report from Martin Summers,
Highway Superintendent. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the July 27 through July 31, 2009 Human Resources report from Ron Love,
Human Resources Director. IN THE MATTER OF BRANCHES SUBDIVISION
Receipt was acknowledged of a letter from Steuerwald Zielinski & Witham relative to a request for forfeiture of the bond for Branches Subdivision. IN THE MATTER OF 2010 COMMISSIONERS’ BUDGET
Receipt was acknowledged of a memo from the Council requesting that due to the economy all budgets be reduced 20%. A revised budget changes for the Commissioners’ 2009 and 2010 budget was presented with reduction to the 2009 budget in the amount of $124,000 and the 2010 budget reduced in the amount of $625,104 for a total reduction of $749,104 for a 17.1% reduction overall There was discussion of the reduced changes and of the requested 2010 budget. Commissioner Wathen moved to go with the projected reduction in the 2009 and 2010 budget and take to the Council in the spirit of cooperation. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Commissioner Wathen moved to adjourn the Commissioners’ meeting at 11:30 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
August 11, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, August 11, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor Paul T. Hardin Hendricks County Recorder John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Don Reitz Hendricks County Plan Director James McBryant Cypress Manor Administrator Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of August 4, 2009 meeting as corrected. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #197385 thru 197386 as presented. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Wathen stated the prospective developer at Exit 39 has requested a waiver of fees in the Planning and Building Department for this project and stated they are still in negotiations with this developer. It was the consensus of the Commissioners to not waive any fees on this project.
Commissioner Whicker stated the Kite Memorandum of Understanding (MOU) is still on hold at this time and it is Kite’s place to move it forward.
Mike Graham explained Bruce Donaldson, Barnes & Thornburg, has advised that Lauth would like to add the
$400,000 for INDOT improvements to the bond anticipation note (BAN), which would allow Lauth to recover the money from TIF revenues during a later phase of the project. He recommended allowing them to do this subject to them paying the County for the balance currently owed. He further stated if the County pays for the water service extension the BAN would be reduced by $700,000. Commissioner Wathen moved to add the $400,000 to INDOT with Lauth on the BAN, subject to receipt of the check from Lauth. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Commissioner Whicker stated the holdup on completing the BAN was in Morgan County with their
Redevelopment Commission and explained an email he had sent to Jeff Quyle, Morgan County Commissioner, on this matter.
John Ayers presented Change Order #2 for the Westpoint Business Park road in the amount of $24,701.80 and recommended approval. Commissioner Palmer moved to approve Change Order #2 for the Westpoint Business Park in the amount of $24,701.80, as recommended by the County Engineer. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF RONALD REAGAN PARKWAY
Commissioner Wathen reported on the Ronald Reagan Task Force Financing.
John Ayers stated he is waiting on a response from CSX on their right-of-way appraisal and stated we need confirmation on the County’s offer on the appraised property by August 12, 2009 in order to meet the letting date for the bridge over the CSX tracks.
John Ayers stated he met with Brownsburg representatives and INDOT and explained the concerns and possible options Brownsburg presented on the Ronald Reagan Parkway and SR 267 through the Town of Brownsburg.
Brownsburg has recommended swapping construction of the SR 267 improvements for construction of the Ronald
Reagan Parkway.
Greg Steuerwald advised he had met with the new INDOT Commissioner and explained the time frame for construction of the Ronald Reagan Parkway. IN THE MATTER OF JUDICIAL CENTER
John Ayers announced the Advisory Committee for the judicial center will meet on Thursday, August 13, 2009 at
7 PM in the Government Center. Steve Craney, Banning Engineering, stated he has sent the report from the National
Center for State Court (NCSC) to the Advisory Committee. IN THE MATTER OF BOND FORFEITURE
Don Reitz explained some problems with bonds with developers that are in the process of forfeiture due to the economy downturn and of issuing building permits within these developments. He explained the Portrait Homes situation. Greg Steuerwald explained the legal aspects of these forfeitures and stated we should proceed in court. Mr.
Reitz also advised that all development bonds in Planning are actually with the Board of Commissioners.
Commissioner Wathen requested more information on this matter. IN THE MATTER OF RIGHT-OF-WAY - ED SCHRIER
Don Reitz explained that Ed Schrier has requested to plat a lot with an existing house that would encroach into the new right-of-way dedication and stated Mr. Schrier has submitted an Agreement for the Right-of Way instead of doing a dedication. Mr. Schrier presented plans and further explained the negative impact of the new right-of-way dedication. Mr. Reitz stated he and John Ayers met with Greg Steuerwald on Monday and they have no problem with this agreement as it protects the County in the future and permits the individual to continue living in this house. It was the consensus of the Commissioners for Mr. Steuerwald to review this agreement and bring back with a recommendation next week. IN THE MATTER OF CYPRESS MANOR
James McBryant presented an application for Kathleen A. Close for permanent residency in Cypress Manor and stated she was referred by Cummings and will be a private pay resident. Commissioner Whicker moved to approve this lady as a resident in Cypress Manor, as recommended by the Administrator. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
James McBryant presented an application for a man who had been a resident of Cypress Manor several years ago, however, is currently residing in Johnson County. Commissioner Whicker made a motion to approve and accept this individual as a resident of Cypress Manor. Commissioner Palmer seconded the motion. The motion failed by a vote of 1-2-0 with Commissioner Whicker voting aye and Commissioners Palmer and Wathen voting nay.
Commissioner Palmer stated she voted against admitting this individual as he is not a resident of Hendricks County.
James McBryant came back later in the meeting with some new information on an applicant, however, it was the consensus of the Commissioners to bring this information back next week. IN THE MATTER OF DANVILLE - ALARMS
Mike Graham referenced three bills received last week from the Town of Danville for false alarm runs to the
Courthouse and advised he had talked to Gary Eakin, Danville Town Manager, about the County not paying the bills.
He stated Mr. Eakin had requested a letter stating the County’s position on these bills and presented a draft letter. It was the consensus of the Commissioners for Mr. Graham to sign and send this letter to the Town of Danville, as presented. IN THE MATTER OF REGULATOIN OF CANVASSERS
Mike Graham reported the Sheriff is having a significant number of complaints about aggressive canvassers in some of the neighborhoods and would like to see an ordinance passed to require the canvassers to obtain a permit. He stated there was a similar ordinance passed in 1993 that was later repealed in 2001. Mr. Graham stated the 1993 ordinance had strong opposition from some citizens and there was significant confusion and disagreement about which department was to issue the permits, the Clerk or the Auditor. It was the consensus of the Commissioners for
Mr. Graham to request the Sheriff to come in to make this request. IN THE MATTER OF REDUCTION OF WORKFORCE
Mike Graham referenced Ron Love’s report this week, which provided a draft of a proposed procedure to reduce the workforce, if necessary. He stated the draft needs some adjustments but it generally focuses on a reduction of positions rather than a reduction based upon poor performance and the reduction by position is the primary focus because of the concern that we do not have sufficient written documentation to base a reduction upon performance.
Mr. Graham questioned if the policy should be adopted by the Commissioners, Council or by both. It was the consensus of the Commissioners this should be a joint effort by both the Commissioners and Council with comments on the policy to be sent to Human Resources and that reports could be emailed. IN THE MATTER OF BRIDGE NO. 188
John Ayer reported they have reviewed the bids opened last week for Bridge No. 188, located on CR 0 south of
US 40. He stated H. E. Henderson was the lowest bid opened in the amount of $163,958.92 and recommended awarding the bid for this bridge project to H. E. Henderson. Commissioner Wathen moved to award the bid for
Bridge No. 188 to H. E. Henderson in the amount of $163,958.92 as the lowest most responsible and responsive bid received. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF MI-006 AND MI-007
John Ayers advised they need a utility agreement with Hendricks Power and Home Telephone (TDS Telecom) as they have utility lines in the easement of culverts MI-006 and MI-007. This culvert project includes removal of these culverts, bridge construction and channel relocation on CR 500E over West Fork of White Lick Creek a/k/a
Roseboom Drain, in Middle Township. Commissioner Wathen moved to approve and execute the County Utility
Agreement with Hendricks Power and Home Telephone (TDS Telecom) in Pittsboro for Culvert MI-006.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Commissioner Wathen moved to approve and execute the County Utility Agreement with Hendricks Power and
Home Telephone (TDS Telecom) in Pittsboro for culvert MI-007. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF TRAFFIC STUDY - STATION HILL DRIVE
John Ayers presented a traffic study for Station Hill Drive in the Station Hill Subdivision and reported that upon completion of a test drive using the Slope Meter to determine safe curve speed and establish a speed limit, it has been determined that due to the sharp curves on Station Hill Drive, the continued development of Station Hill Subdivision and the high speeds possible that Station Hill should be posted with a 20 mph speed limit. He requested that an
Ordinance for Maximum Speed Limits on Certain County Roads be advertised for a public hearing. Commissioner
Wathen moved to approve advertising for a public hearing to establish an ordinance for a 20 mph speed limit on
Station Hill Drive in the Station Hill Subdivision. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. It was the consensus of the Commissioners to advertise the public hearing for Tuesday,
September 8, 2009. IN THE MATTER OF TRAFFIC STUDY – CR 450E – US 36 TO CR 100N
John Ayers presented a traffic study for CR 450E from US 36 to CR 100N that was initiated by Mike Riffey,
677 N CR 450E, as he was concerned with the number of speeders on this road and requested that the County re- evaluate the speed limit on this segment. Mr. Ayers stated that due to the good condition of the road which promotes higher speeds and recommended that the existing 50 mph speed limit be lowered to 40 mph. He presented a drawing showing the contour of this road and requested that an Ordinance for Maximum Speed Limits on Certain County
Roads be advertised for a public hearing. Commissioner Wathen moved to approve advertising for a public hearing to establish an ordinance for a 40 mph speed limit on CR 450E from US 36 to CR 100N. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. It was the consensus of the Commissioners to advertise the public hearing for Tuesday, September 8, 2009. IN THE MATTER OF METROPOLITAN PLANNING ORGANIZATION (MPO)
John Ayers explained the revised composition of the Metropolitan Planning Organization (MPO), the voting members and the financial contribution. He also provided the Commissioners with a copy of the by-laws and asked for any comments before the scheduled meeting. IN THE MATTER OF EAST CAMPUS – ROAD
John Ayers reported at their last meeting the Danville Plan Commission has approved the East Campus Road. Mr.
Ayers explained this road would be funded from the balance in the work release center fund. There was discussion if this road should be concrete or pavement and of the possible removal of the Expo Hall building. It was the consensus of the Commissioners for this road to be concrete and that an advertisement be placed for removal of the Expo Hall building. IN THE MATTER OF BRIDGE NO. 34
John Ayers reported a portion of the right-of-way for replacement of Bridge No. 34, located over School Creek and approach reconstruction on CR 700N and CR 1000E, has not been resolved and may go to condemnation. IN THE MATTER OF CSX TRACK CROSSING REPAIR
John Ayers stated he will be meeting with representatives of CSX to discuss closing of roads for the repair of three
CSX track crossings in the area north of Brownsburg. IN THE MATTER OF GOVERNMENT CENTER – WINDOWS
John Ayers reported the work crew will start the installation of replacement windows in the Government Center next week and will complete the project in October. He also stated they have large storage units for the windows on the south parking lot of the Government Center. IN THE MATTER OF HEALTH DEPARTMENT – STORAGE
Receipt was acknowledged of a request from Monica Smith, Director Health Nursing, for additional storage space to store the supplies for the H1N1. Ms. Smith advised they currently have some supplies in storage, however, they are expecting two to three times as much as they currently have and need additional space. She also stated they would like space in the Government Center or the Multiplex building on the East Campus. John Ayers stated there is some space at the Multiplex building on the East Campus and has suggested they keep their supplies in their empty trailer that is currently stored at the Expo building on the East Campus as they can move it wherever they plan to give the flu shots. They are requesting space only for supplies as the vaccine is kept elsewhere. It was the consensus of the
Commissioners for John Ayers to work with the Health Department to find sufficient storage space for their supplies. IN THE MATTER OF ROADS
Commissioner Palmer stated the road repairs in Apple Creek are completed.
Commissioner Palmer requested John Ayers to check on marking on CR 150S. IN THE MATTER OF COURTHOUSE USE
Receipt was acknowledged of a request from Blake Ryan Deckard and KyAnn Shaffer for use of the Courthouse rotunda for their wedding on Saturday, January 20, 2010 stating this will be for the wedding only with 100 - 200 guests as they plan to hold the reception elsewhere. There was discussion this would be during the winter with a possibility of snow and or snow removal on the sidewalks. It was the consensus of the Commissioners to approve use of the Courthouse for the wedding of Blake Deckard and KyAnn Shaffer on January 20, 2010 and to stipulate that they may be charged in the event snow removal was necessary.
Receipt was acknowledged of a request from Sandy Isenhour to release some helium balloons from the Courthouse lawn on Sunday, August 23, 2009 in celebration of their 100th Anniversary of the Patrick Johnson Reunion. It was noted they plan to have their reunion dinner at the Mayberry Café and just walk across the street to the Courthouse lawn and have a few words in honor of their 100th year then release the balloons. They plan to take 10 - 15 minutes and request permission to use only the Courthouse lawn. It was the consensus of the Commissioners to grant permission for members of the Patrick Johnson Family reunion to meet on the Courthouse lawn and to release some helium balloons on August 23, 2009 in celebration of their 100th anniversary. IN THE MATTER OF RECORDER’S OFFICE
Recorder Paul T. Hardin presented handouts from Property Fraud Alert making everyone aware of possible property fraud and of ways to protect your property. IN THE MATTER OF REAL ESTATE TAXES
Auditor Cinda Kattau stated the real estate taxes have been calculated and the Treasurer is working with the printer to make adjustments for printing tax statements. She stated real estate taxes will be due September 18 and November
20, 2009 and they plan to be back on schedule for May and November tax due dates in 2010. IN THE MATTER OF BOND RATING
Auditor Cinda Kattau advised she had been notified the County bond rating had been raised from A to A+ by
Standard and Poors. IN THE MATTER OF AUDITOR’S OFFICE
Auditor Cinda Kattau explained she was combining their three satellite offices by moving the Accounts Payable section from across the hall to the main Auditor’s Office and then moving the Deeds Office to where the Accounts
Payable was previously. She stated this would bring the Auditor’s entire office in a closer proximity and be more efficient.
Auditor Cinda Kattau explained some of the area where the County has lost revenue including permit fees, filing fees, and state reimbursement due to the slowdown in the economy. Commissioner Wathen left the meeting at 11:10 AM. IN THE MATTER OF COMMUNICATIONS CENTER
Commissioner Whicker announced he had attended the awards banquet of the Commission on Accreditation for
Law Enforcement Agencies, Inc. in Hampton, Virginia during the CALEA Summer Conference on August 1, 2009 and stated the Hendricks County Communications Center was awarded their full accreditation. He stated the commission was impressed that all agencies in Hendricks County were involved with this consolidation, that it was completed in two years and that all information was shared. IN THE MATTER OF STATE ROAD 39 BRIDGE
John Ayers announced the meeting tonight at 7 PM in the Danville Middle School for the proposed new bridge on
SR 39 south of Danville. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. IDEM, Office of Air Quality, Permits Branch, Notice of 30 –Day Period For Public Comment, Preliminary Findings Regarding a Significant Source Modification and Part 70 Operating Permit for Maplehurst Bakeries, Inc. in Hendricks County.
Action needed/taken on the following:
1. Checks received and signed to the county: a. Birch Telecom Inc. $221.82
2. Whicker signed vehicle titles for the following: None
3. Documents needing action a. The Cincinnati Companies Bond Release Evan Ross IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the August 3 to August 7, 2009 weekly report from Ron Love, Human Resources
Director. Commissioner Palmer moved to adjourn the Commissioners’ meeting at 11:15 AM. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member ATTEST: ______Judith Wyeth, Deputy Auditor
August 18, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, August 18, 2009, with a quorum of three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Don Reitz Hendricks County Planning Director James McBryant Administrator Cypress Manor Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of August 11, 2009 meeting, as corrected.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #197729, #197387 thru 197397, #197399 thru 197402,
#197403 thru 197728, #094016 thru 094155 and direct deposit #051381 thru 051788, as presented.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Whicker announced that he has contacted Jeff Quyle, Morgan County Councilman, to work with the Morgan County Redevelopment Commission on the Bond Anticipation Note (BAN) for Exit 59.
Commissioner Whicker stated we have had contact with Mike Jones, Lauth Group, and we are awaiting a check from Lauth for the payment of the SR 39 improvements to be constructed by INDOT.
Commissioner Whicker advised that due to the extensive rainfall Valenti-Held had requested an extension of time for their wastewater treatment plant at Exit 59 and the Hendricks County Regional Sewer Board had granted an extension of time for substantial completion date to October 1, 2009 and to November 1, 2009 for final completion, with no additional cost to the County.
Commissioner Whicker also announced the Kite Memorandum of Understanding (MOU) is still on hold. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers reported he had made the offer based on the re-appraisal for the right-of-way from CSX for the bridge over the CSX tracks on the Ronald Reagan Parkway and CSX had counter offered for an additional
$12,220, which increased the total from $321,500 to $333,720. He stated he had conferred with Commissioner
Wathen and due to the time frame with INDOT to meet the deadline for a November bid letting for the bridge over the CSX tracks they had agreed to pay the additional amount. Mr. Ayers stated they have now met all deadlines and INDOT has all the necessary signed paper work and are on target for a November bid for this bridge project. Commissioner Wathen moved to ratify and approve the counter offer to pay CSX an additional amount of $23,220 increasing the total to $333,720 for this right-of-way for the bridge over the CSX tracks on the Ronald Reagan Parkway. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
John Ayers stated they have requested Statement of Qualifications (SOQ) for the next segment of the Ronald
Reagan Parkway for CR 100S to CR 200S. Mr. Ayers explained the process for interviewing firms and of the selection of a short list of three firms for this project. He explained that the INDOT process does not allow for interviews unless the project was originally advertised that way. IN THE MATTER OF JUDICIAL CENTER
John Ayers reported on the meeting of the Advisory Committee for the proposed judicial center on
Thursday, August 13, 2009 in the Government Center. Steve Craney, Banning Engineering, explained they have held four of the five meetings set forth in their contract, however, they would like to have another meeting of the committee with no additional fee or cost to the County. He explained the next meeting is scheduled for
October 15, 2009 and the fifth meeting will be November 5, 2009 and we will still complete the study by the end of 2009. IN THE MATTER OF AGREEMENT FOR RIGHT-OF-WAY – SANDERS
Greg Steuerwald presented an Agreement for Right-of-Way between the Hendricks County Commissioners and Jerry C. Sanders and Nancy C. Sanders, Husband and Wife for a tract of real estate, comprising 4 acres, located at 5902 E CR 1000N. Ed Schrier, Realtor, explained this agreement was for the owner to continue to live in the existing house that encroached in the proposed right-of-way. Commissioner Palmer moved to approve and sign the Agreement for Right-of-Way between the Hendricks County Commissioners and Jerry and
Nancy Sanders. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
Mr. Steuerwald stated this document would be recorded after it had been signed by all individuals and this agreement would stay with the property and become a part of the legal for this property. IN THE MATTER OF ORDINANCE ESTABLISHING HENDRICKS COUNTY DOMESTIC VIOLENCE FATALITY REVIEW TEAM
Georgeanna Teipen, Deputy Prosecutor, presented a draft Ordinance Establishing the Hendricks County
Domestic Violence Fatality Review Team (DVFRT). Adrien Champine, Deputy Prosecutor, explained this
is a statutory mandate and requested this ordinance be advertised for a public hearing. Greg Steuerwald stated he had reviewed this ordinance and confirmed that it was a mandate. Commissioner Wathen moved to proceed to advertise for a public hearing for the Ordinance Establishing the Hendricks County Domestic Violence
Fatality Review Team for September 15, 2009 at 9:30 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF ORDINANCE NO. 2009-19 TZA 03/08 AN AMENDMENT TO THE ZONING ORDINANCE
Don Reitz presented TZA 03/08: an amendment to the Zoning Ordinance, Amending Table 4.4 Residential
Lot Standards; Table 4.5 Non-Residential Lot Standards; Chapter 7 Development Standards; Chapter 8 Design
Standards; Chapter 12 Petitions, Permits and Procedures; and Chapter 15 Definitions. He summarized the suggested changes. Mr. Reitz stated the Plan Commission held a public hearing on August 11, 2009 and sends this zoning text with a favorable recommendation of 7-0-0. Commissioner Wathen moved to approve TZA
03/09, an amendment to the Zoning Ordinance, as Ordinance No. 2009-19, as recommended by the Plan
Commission. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF ORDINANCE NO. 2009-20 TZA 04/09 AN AMENDMENT TO THE ZONING ORDINANCE
Don Reitz presented TZA 04/09: an amendment to the Zoning Ordinance, Amending Chapter 10 Floodplain
Management; and Chapter 15 Definitions. He explained the suggested changes and additions. Mr. Reitz stated the Plan Commission held a public hearing on August 11, 2009 and sends this zoning text with a favorable recommendation of 7-0-0. Commissioner Wathen moved to approve TZA 04/09, an amendment to the Zoning
Ordinance, as Ordinance No. 2009-20, as recommended by the Plan Commission. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF COMPLETION AGREEMENT – WESTERN SURETY COMPANY
Don Reitz presented a Completion Agreement between the Hendricks County Board of Commissioners and
Western Surety Company stating Portrait Homes LLC (“Portrait Homes”) agreed to maintain all required improvements installed as set forth by the County’s Area Plan Commission for a period of 3 years from the date of acceptance for the following projects:
1. MAP-660: The Links, Section 1 (“Links 1”); 2. Links @ Eagle Creek, LLC (“Links 2”); and 3. Oxford Park
Mr. Reitz explained this agreement. Greg Steuerwald explained the legal issues and stated he had reviewed and approved this agreement. Commissioner Wathen moved to approve the Completion Agreement between the
Hendricks County Board of Commissioners and Western Surety Company, representing Portrait Homes LLC
(“Portrait Homes”) and authorize the President to sign on behalf of the Commissioners. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF COURT MAGISTRATES
Mike Graham reported the Hendricks County Superior Courts have made a request to the Commission on
Courts to evaluate the need for magistrates in the Hendricks County court system and stated the Commission on
Courts would do a needs study, at no cost to the County, and if it is determined that a magistrate is needed his or her salary would be paid by the State. He stated that currently, the Superior Court judges state that their existing staff would assist with the paperwork so no additional staff would be needed. Any additional support staff would have to be paid by the County. Mr. Graham further advised the Judges have drafted a letter of support for this study addressed to Senator Lawson and Representative Steuerwald, however, before the Senator and the Representative give their blessing to the study they want to make sure the Commissioners and the
Council have agreed to the request. The Council has already signed a letter of support. He further advised that
Circuit Court Judge Boles has not agreed with having the study done. Mr. Graham presented a draft letter of support for the Commissioners’ consideration. Commissioner Whicker stated he serves on the Court
Commission and that this will require a letter of support from the Commissioners and Council before further consideration will be given to this request. Commissioner Palmer moved to sign the letter of support for magistrates in Hendricks County. Commissioner Whicker seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF WORK RELEASE CENTER
Mike Graham stated the Superior Court Judges and Todd McCormack are still negotiating with the
Department of Correction to try and get state prisoners placed into our Work Release Center. Apparently there is disagreement in the leadership of DOC because they have not yet agreed to the proposal of placing state prisoners in our Work Release Center without Hendricks County becoming a community corrections county.
He further stated Judge Freese has asked DOC to come to a Danville meeting prior to September 2, 2009 and has requested that if this meeting gets set he would like for a Commissioner to attend. It was the consensus of the Commissioners to proceed to set up the meeting and that Commissioner Whicker will attend on behalf of the
Commissioners. IN THE MATTER OF CANVASSERS ORDINANCE
Mike Graham stated Sheriff David Galloway has requested the Canvassers Ordinance be revisited and stated the Sheriff has been invited to attend the Commissioners meeting August 25, 2009 to discuss re-establishing this ordinance. Mr. Graham stated Avon, Brownsburg and Danville have Canvassers Ordinances and require a license while Avon sets standards, but does not require a license and Plainfield is working on a new ordinance that will not only cover the door- to-door canvassers but prohibits activities in the roadway. He further advised the Brownsburg ordinance and the proposed Plainfield ordinances are the most comprehensive, however, he is also seeking the Speedway Canvassers Ordinance and explained the question may be to redefine how to regulate these activities. IN THE MATTER OF SHERIFF’S PENSION PLAN
Mike Graham reported he and Greg Guerrettaz, Financial Solutions Group (FSG), met with Sheriff
Galloway along with some of the Sheriff’s staff, his attorneys and representatives from Morgan Stanley last week. He stated there was a lot of discussion regarding the management of the Sheriff’s pension fund and at the end of the meeting Greg Guerrettaz gave the Morgan Stanley representatives and the Sheriff a draft copy of his audit. Mr. Guerrettaz asked Morgan Stanley to provide any review comments within a couple of weeks. Mr.
Graham stated Greg Guerrettaz will present the report at the joint Commissioner and Council meeting on
Thursday, October 8, 2009. IN THE MATTER OF CYPRESS MANOR
James McBryant again presented an application for residency for Mr. Young that was denied last week.
Mr. McBryant gave a full report of this individual stating he originally resided in Hendricks County when he was first accepted as a resident of Cypress Manor several years ago, however, during the past few years he had briefly lived with family members outside Hendricks County and those residencies have not benefited this individual and he was now returning to Hendricks County. Mr. McBryant also presented a referral letter from
Cummins Mental Health for Mr. Young. Commissioner Whicker explained the action taken by the Board of
Commissioners on August 11, 2009 for this individual was due to the fact he was not a resident of Hendricks
County. Commissioner Whicker moved to accept this individual as a resident in Cypress Manor based on the recommendation of Cummins Mental Health. Commissioner Palmer seconded the motion and the motion was approved 2-1-0 with Commissioners Whicker and Palmer voting aye and Commissioner Wathen voting nay and stating this individual is not currently a resident of Hendricks County. Commissioner Wathen moved to recess the Commissioners’ meeting for the Tech Board at 10:30 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker opened the Tech Board at 10:31 AM. IN THE MATTER OF TECH BOARD
Commissioner Whicker opened the Tech Board and reported he had received word from John Parsons,
Systems Administrator, they had nothing to bring before the Tech Board today. Commissioner Palmer moved to adjourn the Tech Board at 10:32 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker reconvened the Commissioners’ meeting at 10:33 AM. IN THE MATTER OF EAST CAMPUS ROAD
John Ayers requested to advertise the Notice to Bidders for the new East Campus road for a bid date of
September 15, 2009 at 9:30 AM in the Commissioners’ Office and stated this road will be constructed with concrete. Commissioner Wathen moved to advertise the Notice to Bidders and set the bid date for the new East
Campus road for Tuesday, September 15, 2009 at 9:30 AM in the Commissioners’ office. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0.
John Ayers presented the Title Sheet from United Consulting for the Hendricks County Road Plans for the
New East Campus Roadway. It was the consensus of the Commissioners to sign this Title Sheet. IN THE MATTER OF BRIDGE NO. 188
John Ayers reported Crawford Murphy & Tilly (CMT) are our on-call inspection service for bridges and would be doing the inspection for Bridge No. 188, located on CR 0 and south of US 40. Rich Condre, CMT, explained there would be a technician on this job rather than an inspector and the difference is the technician has more qualifications, education and has INDOT approval. Mr. Ayers estimated the CMT fee at $19,600. It was the consensus of the Commissioners for CMT to provide a technician on the site of the Bridge No. 188 project. IN THE MATTER OF HAWTHORN DRIVE IN HIDDEN VALLEY
John Ayers explained problems with a culvert on Hawthorn Drive in Hidden Valley and stated they planned to repair this culver by lining it for an estimated $57,000 rather than replace this culvert. He also stated this would be funded from the Cum Bridge Fund and explained the repair. Commissioner Wathen requested to obtain the cost for replacement of this culvert for comparison. Mr. Ayers will obtain an estimate for replacement and bring back for further consideration of replacement or repair of this culvert. IN THE MATTER OF WHITE LICK CREEK
John Ayers explained some access concerns during the reconstruction of the White Lick Creek that is being funded with $188,000 from the USDA and 20% by the homeowners. There was discussion of possible access.
Mr. Ayers presented several forms required by the USDA for this project:
1. The Damage Survey Report (DSR) for the Emergency Watershed Protection Program – Recovery (DSR). Commissioner Palmer moved to approve the DSR, as presented, and authorize the President to sign on behalf of the Commissioners. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
2. Assurance Real Estate form. Mr. Ayers stated he needed to further research the requirements for this form and will bring back next week.
3. Direct Deposit Forms. Auditor Cinda Kattau stated these forms need to be signed by the Treasurer, Nancy Marsh. IN THE MATTER OF BRIDGES – INDOT
John Ayers reported INDOT is going to require “Scour Critical” bridges and bridges with “Unknown
Foundations Types” to have additional inspections done and a “Scour Monitoring Plan of Action” developed.
However, currently Hendricks County has no Scour Critical Bridges and all bridges shown as Unknown
Foundation Types have been reviewed and reclassified. IN THE MATTER OF LITIGATION
John Ayers advised that a legal claim filed against the County by a citizen required to move a utility pole was dismissed yesterday. IN THE MATTER OF 56TH STREET
John Ayers advised that 56th Street is now closed for three to four weeks and they are adjusting the traffic signal for railroad crossing repair. IN THE MATTER OF RAILS TO TRAILS
John Ayers explained the time frame to close the purchase of the abandoned B&O railroad corridor by the
Rails to Trails and stated the Attorney General is questioning the deed with CSX. The deadline for the closing of the purchase is August 27, 2009. IN THE MATTER OF CR 700W CULVERT
Commissioner Wathen advised of erosion around the culvert on CR 700W just south of SR 234. John Ayers stated he will talk with County Surveyor David Gaston on this problem. IN THE MATTER OF CR 700N
Commissioner Wathen questioned why CR 700N just west of SR 267 was going to be closed. John Ayers stated he will check on this closing. IN THE MATTER OF STATE BOARD OF ACCOUNTS
It was noted three individuals from the State Board of Accounts arrived on Wednesday and will be here for the duration of the annual audit. They are working in Room #6 in the Government Center. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. Purdue University TIGER grant programs. 2. Hoosier Heartland RC&D Quarterly Council meeting , Monday, September 14, 2009, Normandy Barn, Indiana State Fair, 6:00 p.m. 3. IDEM, Permits Branch, Office of Air Quality, Notice of Decision: Approval-Effective Immediately, Eli Lilly & Co. 4. IDEM, Office of Water Quality; Permit Application, Plans & Specification for Sanitary Sewer, West Central Conservancy District, Production Drive Force Main Extension 5. Hamilton Center, Inc., Nominations for a Hamilton Award due September 15, 2009.
Action needed/taken on the following:
1. Checks received and signed to the county: None
2. Whicker signed vehicle titles for the following: None
3. Documents needing action: None IN THE MATTER OF VETERANS’ AFFAIRS
Receipt was acknowledged of the July 2009 City & County Veterans Service Officer’s Monthly Report from
Lori Turpin, Veterans’ Affairs Officer. IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the weekly Highway report from Martin Summers, Highway Superintendent for August 10 through August 14, 2009. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the weekly Human Resources report for August 10 to August 14, 2009 from
Ron Love, Human Resources Director. IN THE MATTER OF PLANNING
Receipt was acknowledged of the August 11, 2009 monthly Planning and Building Department Report of
Collections from Don Reitz, Planning Director. IN THE MATTER OF REAL ESTATE TAXES
Auditor Cinda Kattau advised that all real estate taxes were mailed out on August 17. 2009.
Commissioner Palmer moved to adjourn the Commissioners’ meeting at 11:03 AM. Commissioner
Wathen seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member ATTEST: ______Judith Wyeth, Deputy Auditor
September 8, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, September 8, 2009, with a quorum of all three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor Sheriff David Galloway Hendricks County Sheriff Steven Wagner Hendricks County Chief Deputy Sheriff Cindy Spence Hendricks County Clerk David Gaston Hendricks County Surveyor Michael E. Graham Hendricks County Administrator to Commissioners John Ayers Hendricks County Engineer Doug Morris Hendricks County Systems Administrator Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of September 1, 2009 meeting, as corrected.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #198087 thru 198117, #198135 thru 198156, #198157 thru 198163 and #198154 thru 198172, as presented. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF ORDINANCE NO. 2009-22 STATION HILL DRIVE
Commissioner Whicker announced the public hearing for an Ordinance for Maximum Speed Limit on Station
Hill Drive in the Station Hill Subdivision had been duly advertised for 9:30 AM. He stated it was now 9:35 AM and opened the public hearing. John Ayers explained the traffic study for Station Hill Drive revealed that upon completion of a test drive using the Slope Meter to determine safe curve speeds and to establish a speed limit, it has been determined that due to the sharp curves on Station Hill Drive, the continued development of Station Hill
Subdivision and the high speeds possible, Station Hill Drive should be posted with a 20 mph speed limit. He explained the current speed limit is 35 mph. Don Foor, 5782 Station Hill in Avon, explained the reason for the request was due to the traffic in the area, the contour of the road and protecting the children living in this area.
Commissioner Whicker closed the public hearing. Commissioner Whicker moved to approve Ordinance No. 2009-22 for Maximum Speed Limit of 20 mph on Station Hill Drive, as recommended by the County Engineer. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF ORDINANCE NO. 2009-23 MAXIMUM SPEED LIMIT FOR CR 450E FROM MAIN STREET (OLD 36) TO CR 100N
Commissioner Whicker opened the public hearing at 9:45 AM for an Ordinance for Maximum Speed Limit on
CR 450E from Main Street (Old 36) to CR 100N and stated this public hearing had been duly advertised. John
Ayers explained the traffic study for this potion of CR 450E recommends that due to the good condition of the road, which promotes higher speeds, the existing 40 mph speed limit on CR 100N and the hills and curves that cause sight distance concerns recommends that the existing 50 mph speed limit be lowered to 40 mph. Bruce Enz, 1492 N CR
425E, Avon, stressed the current speed limit in this area is too fast. Commissioner Whicker moved to approve
Ordinance No. 2009-23 to lower the speed limit on CR 450E, from Main Street (Old US 36) to CR 100N, to 40 mph.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Wathen announced that during the Drainage Board meeting this morning they approved the interior road for the Commerce Park West development at Exit 59 and stated it will go to the Plan Commission tonight.
Commissioner Whicker reported the sewer project at Exit 59 is progressing on schedule ------IN THE MATTER OF RONALD REAGAN PARKWAY
Commissioner Wathen reported Brownsburg representatives met last week with representatives of INDOT relative to the possible swap of SR 267 with Ronald Reagan Parkway.
Commissioner Wathen stated they may need to plan another Ronald Reagan Parkway Task Force meeting.
John Ayers advised they have evaluated the Letters of Interest received for design of the Ronald Reagan
Parkway from CR 200S to CR 100S and have ranked the following consultants as the top three, based on the
INDOT scoring criteria:
1. Crossroads Engineers 2. R. W. Armstrong 3. United Consulting Engineers
Mr. Ayers stated that per the INDOT selection method, we will submit documentation of our evaluations and if approved, we will proceed with negotiations with Crossroads Engineers,
IN THE MATTER OF JUDICIAL CENTER
John Ayers announced the next two meeting for the Advisory Committee for the judicial center will be held on
October 5, 2009 and November 15, 2009. IN THE MATTER OF SHERIFF DEPARTMENT
Sheriff David Galloway stated Sgt. Chuck Morefield has sent a written request for permission to use the old fairground property, the East Campus, for vehicle crash training in order to stay current in their field due to all the new technology and new vehicles and in order to properly investigate serious injury and fatal crashes. He stated he was presenting this request in the absence of Sgt. Morefield. He also stated they will work with the top accident re- constructionist in the country, Law Enforcement Training, to put on a 4-day training class, October 26, 27, 28 and 29, 2009, that all of the Hendricks County Law Enforcement agencies can attend. Sheriff David Galloway explained the Sheriff’s Department will take care of the clean-up and they will have emergency vehicles at the site in the event they are needed. Rich Jensen, Stevenson-Jensen Agency, clarified some details and stated he will need a Certificate of Insurance. Attorney Greg Steuerwald stated he had reviewed this request.
Commissioner Wathen moved to allow the Sheriff Department to use the East Campus to provide a four-day training program on accident reconstruction that will be available to all police agencies in the County.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLERK’S OFFICE – MAXIMUS IV-D ( CHILD SUPPORT)
Clerk Cindy Spence introduced Glen D. Eschenbacher, Maximus Consulting. He explained how Maximus would work to obtain reimbursement to the County for IV-D Child Support Funds for 2007 and presented a contract for execution. Ms. Spence advised she will be able to obtain reimbursement for employee time spent working on child support issues. It was noted the County has used Maximus for several years to obtain other reimbursement of funding for the County. Attorney Greg Steuerwald clarified some legal issues, contract time, and termination. Commissioner Wathen moved to approve and sign the agreement with Maximus for IV-D reimbursement for child support, as requested by the County Clerk. Commission Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF PARTNERSHIP FOR WATER QUALITY
David Gaston presented a proposed ordinance for Partnership for Water Quality Special Revenue Fund and explained this is required by the State Board of Accounts. Mr. Gaston requested Commissioner approval to advertise this ordinance for a public hearing for October 6, 2009 at 9:30 AM. Commissioner Wathen moved to approve the advertisement of the proposed ordinance for Water Quality Special Revenue Fund for a public hearing on October 6, 2009 at 9:30 AM, as requested by the County Surveyor. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF BROWNFIELD LOAN
Greg Steuerwald gave a brief history of the Brownfield Loan through Fifth-Third Bank for the Heritage
Hills / Rolling Hills, Warrick Landfill, and stated that Fifth-Third Bank and the developer need a new Letter of
Credit (LOC). Mike Graham introduced developers Joe Dorger and Robert Carr. Mr. Carr presented their request for a one year extension on their letter of credit for the Heritage Hills / Rolling Hills project and stated they presented a check to Auditor Cinda Kattau for $77,420 on September 3, 2009 to pay for their current amount owed to the County. Mr. Dorger advised that the developer has recently signed a contract with the Estridge
Company to buy some vacant lots, they are working to have their project annexed into the Town of Brownsburg and to sell Brownsburg some park property in their effort to try to resolve their financial problems. Mike
Graham sated that currently, the County pays $11,060.47 a quarter for the Brownfield loan with 44 more payments for a total of $486,660.68. He stated the LOC is in the amount of $543,514.55 and explained the
County’s options. Auditor Cinda Kattau questioned the County’s responsibility and protection. There was discussion of this request. Commissioner Wathen moved that subject to the new Fifth-Third Bank LOC for one-year for unpaid balance to the County for Heritage Hills / Rolling Hills, the County will not call the LOC for the remaining unpaid balance and a new LOC will be for $466,094.55. Commissioner Palmer seconded the motion and the motion was approved 2-1-0 with Commissioners Wathen and Palmer voting aye and Commissioner Whicker voting nay. IN THE MATTER OF COUNTY HOME (CYPRESS MANOR)
Mike Graham announced there will be a discussion on the future of the County Home (Cypress Manor) during the
September 22, 2009 meeting. IN THE MATTER OF BRIDGE NO. 127
John Ayers advised they have evaluated the Letters of Interest received for Bridge No. 127, located on CR
475W north of Amo, and have ranked the following consultants as the top three, based on the INDOT scoring criteria:
1. United Consulting Engineers 2. Butler Fairman and Seufert 3. Bernadin Lochmueller and Associates
Mr. Ayers stated that per the INDOT selection method, we will submit documentation of our evaluations and if approved, we will proceed with negotiations with United Consulting Engineers. IN THE MATTER OF B&O TRAIL
John Ayers explained he will be meeting today to discuss INDOT questions on the deed for the B&O Trail regarding the possible title search and updated appraisal.
John Ayers inquired if there had been any discussion or prior approval for the Highway Department to set up and take down road closing signs for the upcoming B&O run/walk. There was discussion that the decision to close the roads had been made, but not for the County to do the actual closing. It was the consensus of the Commissioners for the Highway Department to drop off road closing signs and to pick up these signs after the B&O run/walk. IN THE MATTER OF BRIDGE NO. 34
John Ayers reported that the Commissioners’ counter offer for the right-of-way for Bridge No. 34, located on
CR 700N, had been accepted. He explained that due to various delays it could be difficult to get started on Bridge
No. 34 this year as it was heading in to the winter months. Steve Christian, Steve Christian Associates, stated it was too late to advertise for bids and to do this project yet this year. There was discussion of bidding this year to take advantage of low bid prices, but of including an extension of time for completion of the project. It was the consensus of the Commissioners for John Ayers to work on the time frame for this project. IN THE MATTER OF BRIDGE NO. 188
John Ayers advised there was a pre-construction meeting scheduled for Bridge No. 188, located on CR “0”, for
Wednesday, September 9, 2009. IN THE MATTER OF ROAD DAMAGE FROM PIPELINE
John Ayers responded to the citizen’s request last week relative to eroding of a section of CR “0” south of
US 40 where the pipeline was recently installed. He stated he drove this road and while there is some eroding he did not feel it was an emergency issue at this time, however, they will continue to monitor this road until REX
Pipeline completes the entire repair to all their damage to County roads. Commissioner Whicker requested signage be placed on this road making citizens aware that there was some road erosion. IN THE MATTER OF GOVERNMENT CENTER – WINDOWS AND CARPET
John Ayers gave an update on the replacement windows in the Government Center stating that the majority of windows had been replaced. He advised that when they were counting the windows in the Government Center they missed the windows in the Accounts Payable section on the top floor and presented a change order to cover the replacement of these seven windows at a cost of $13,388. Commissioner Wathen moved to approve Change Order
No. 2 in the amount of $13,380 to replace the seven windows on the top floor that were overlooked in the original order. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF FOXGLOVE DRIVE
Receipt was acknowledged of a notice from A.B.A.T.E. of Indiana Legal Services relative to a problem area on CR 200S near Foxglove Drive that has a large pothole in the left lane that is dangerous for motorcyclists.
John Ayers stated he will check on this concern. IN THE MATTER OF OFFICE MAX REBATE
Commissioner Whicker acknowledged Office Max has delivered six rebate checks totaling $3,587.63 for the six Hendricks County schools districts:
Northwest Hendricks $587.37 Plainfield $852.38 Danville $715.96 Brownsburg $715.96 Mill Creek $598.37 Avon $715.96
It was the consensus of the Commissioners to prepare a cover letter for these checks for the Commissioners signatures and for the Commissioners to then determine if they wanted to mail these checks or to deliver in person to the various school superintendents. IN THE MATTER OF RECORD PRESERVATION
Doug Morris presented an Independent Contractor Agreement for John Parsons to archive the old County records with the Bookeye for a period of five years, payable for quarterly services in the amount of $9,555 to conclude December 31, 2014 and including Exhibits A and B specifying the books to be archived. There was discussion of the contract payment and that payment could not be made until services had been complete. It was the consensus of the Commissioners for Mike Graham and Doug Morris to work with Greg Steuerwald on this contract and bring back at a later time.
Receipt was acknowledged of a claim in the amount of $175 from John Parsons for Attorney Gary L. Wood to prepare the Independent Contractor Agreement for John Parsons to archive the old County records. It was the consensus of the Commissioners to reject the bill presented for this agreement. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. In June the CIRTA Board adopted its 2010 budget. The contribution is based upon your county’s percentage of total population of the region. Hendricks County will be invoiced $16,604.00 on May 1, 2010. Hendricks County’s appointed representative is Larry Hesson. 2. IDEM, Solid Waste Permits Section, Office of Land Quality, Insignificant Modification proposal, Twin Bridges Recycling and Disposal Facility, Hendricks County, Indiana. 3. Indiana Public Employees’ Plan Annual Membership Meeting on September 23, 2009 Bridgewater Club, Carmel, IN, 10:00 a.m.
Action needed/taken on the following:
1. Checks received and signed to the county: a. Governmental Interinsurance Exchange $523.30 Vehicle Damage
2. Whicker signed vehicle titles for the following: a. 2000 Jeep SUV Probation Department
3. Documents needing action: None
IN THE MATTER OF CIRTA
There was discussion of a request received from CIRTA (Central Indiana Regional Transportation Authority) for a
2010 budget contribution in the amount of $16,904m which is an increase over the 2009 amount of $10,702. It was noted the 2009 request has not been paid, as of this date. It was the consensus of the Commissioners to take no action on this request.
Commissioner Palmer moved to adjourn the Commissioners’ meeting at11:07 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
September 15, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, September 15, 2009, with a quorum of all three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor Pat Baldwin Hendricks County Prosecutor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Don Reitz Hendricks County Planning Director Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Palmer moved to approve the minutes of the August 8, 2009 meeting, as corrected.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #198180 thru 198449, #094341 thru 094471 and direct deposit #052176 thru 052585 as presented. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EAST CAMPUS ROAD - BIDS
Commissioner Whicker announced Notice to Bidders has been duly advertised for the East Campus Road for
9:30 AM in the Office of the Commissioners and it was now 9:30 AM. Commissioner Palmer moved to close bids for the East Campus Road. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. John Ayers opened and read the following bids:
Calumet Construction $ 1,175,000.00 M & B Excavating $ 1,263,544.27 Reith Riley Construction $ 1,479,346.16 Hunt Paving $ 1,184,981.87 Central Engineering $ 1,162,007.56 Milestone Contractors $ 1,237,400.00
John Ayers stated his staff will review these bids and bring back a recommendation in one week.
Commissioner Whicker thanked all those who submitted bids. IN THE MATTER OF EXIT 59
Commissioner Whicker stated the Indianapolis Water Company made us aware of an opportunity to save some money by using an open cut of SR 39 to install a pipe casing that would be used later for the installation of a waterline. He advised the cost to install is $33,256.00 and there is only a one week opportunity for
Indianapolis Water Company to install this casing however, to accomplish the installation the Indianapolis
Water Company needed a letter of commitment by September 11, 2009. He explained that in view of the short time a commitment letter written, reviewed by Greg Steuerwald and sent to the Indianapolis Water Company on
September 11, 2009. Mike Graham stated this open cut would be funded with EDIT funds. Commissioner
Wathen moved to approve and ratify the letter to Indianapolis Water Company for a cut on SR 39 that would save the County a considerable amount of money and authorize the President to sign on behalf of the
Commissioners. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers advised the letting for the bridge over the CXS tracks is still on schedule for a November letting.
John Ayers reported Dennis Faulkenberg and Laurie Maudlin, Appian, are working on behalf of the County for a TIGER Grant for the Ronald Reagan Parkway from CR 300N to Hwy US 136. He presented a draft letter requesting consideration of the TIGER grant funding application for the Hendricks County, Indiana, Ronald
Reagan Parkway to Secretary Ray LaHood, The Office of the Secretary of Transportation. Commissioner
Wathen moved to execute and send the letter to Secretary Ray LaHood for the TIGER Grant, as presented.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
John Ayers presented the Federal Wage Rate Certification stating, “We agree, that upon award of any
TIGER grant funding, we will comply with the requirements of subchapter of subchapter IV of Chapter 31 of
Title 40, United States Code, known as the federal wage rate requirements, as required by the American
Recovery and Reinvestment Act’, and stated this document was required on federally funded projects.
Commissioner Wathen moved to approve and authorize the President to sign the Federal Wage Rate
Certification for the TIGER grant. Commissioner Palmers seconded the motion and the motion was approved unanimously 3-0-0.
Commissioner Wathen stated Brownsburg is negotiating with INDOT on the proposed swap of the Ronald
Reagan Parkway and SR 267. John Ayers provided a review memo on the proposed swap. It was the consensus of the Commissioners for John Ayers to send this memo to other entities. John Ayers stated he will forward the memo to the Avon, Brownsburg and Plainfield Town Managers.
John Ayers reported the Highway Department will start paving the Ronald Reagan Parkway and the Town of
Avon will reimburse the County for the portion of the Parkway that is within the Town. IN THE MATTER OF JUDICIAL CENTER
Steve Craney, Banning Engineering, clarified the next meetings of the Advisory Committee for the judicial center will be at 7 PM on October 15, 2009 and November 5, 2009 in the Government Center.
Prosecutor Pat Baldwin expressed her appreciation for the work of this study group for the judicial center especially the consultants and the business leaders who have dedicated their time and been very diligent and dedicated in their attendance at the meetings and time spent on the study of this issue.
John Ayers commended the staff on giving a lot of positive input on the study of the judicial center. IN THE MATTER OF ORDINANCE 2009-25 ESTABLISHING ORDINANCE FOR THE HENDRICKS COUNTY DOMESTIC VIOLENCE FATALITY REVIEW TEAM (DVERT)
Commissioner Whicker announced a public hearing to consider an Ordinance Establishing the Hendricks
County Domestic Violence Fatality Review Team (DVFRT) has been duly advertised for 9:30 AM and opened the public hearing for this proposed ordinance. Prosecutor Pat Baldwin explained we currently have a child fatality review team that meets on a regular basis and this ordinance would establish a similar review team. She stated this review team is required by the State and that the 15-member team will be representatives from various agencies and appointed by the Commissioners. Commissioner Whicker acknowledged receipt of a phone call from Sheriff David Galloway advising that the Sheriff’s Department was willing to work with the
Prosecutor on this Domestic Violence Fatality Review Team. There were no public comments. Commissioner
Wathen moved to close the public hearing. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Wathen moved to approve and adopt Ordinance No. 2009-25 to
Establish an Ordinance for the Hendricks County Domestic Violence Fatality Review Team, as requested by the
Prosecutor. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Greg Steuerwald requested the Prosecutor to provide a list of individuals from the appropriate agencies to the
Commissioners for their appointment at a later date. IN THE MATTER OF ORDINANCE NO. 2009-26 ZA-398-09; K. S. HENDRICKS PARTNERS
Don Reitz presented ZA-398/09: K. S. Hendricks Partners, a zoning amendment change from GB/General
Business District to PB/ Planned Business District, for 23.4 acres, in Liberty Township, located on the west side of SR 39, approximately 0.23 mile north of the intersection of SR 39 and CR 1000S. Attorney Ben Comer,
Comer Law Office, explained this request is for the same building that was previously approved for this parcel, however, they have moved the building to a different site that will require the building of a shorter road distance. Mr. Reitz stated the Plan Commission held a public hearing on September 8, 2009 and sends this zoning request with a favorable recommendation of 7-0-0. Commissioner Wathen moved to approve the ZA-
398-09 request for zoning change for K. S. Hendricks Partners as Ordinance No. 2009-26. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF ORDINANCE O. 2009-27 TZA 05/09 AMENDMENT TO ZONING ORDINANCE – TABLE 4.3, CHAPTERS 7, 12, AND 15
Don Reitz presented TZA 05/09: Amendment to the Hendricks County Zoning Ordinance by amending
Table 4.3 Permitted and Special Exception Land Uses, Chapter 7 Development Standards, Chapter 12 Petitions,
Permits and Procedures and Chapter 15 Definitions. He explained this text amendment addresses the construction of private wind turbines and advised they have already received one application for the construction of a wind turbine in the southern part of Hendricks County. Mr. Reitz further advised the Plan
Commission held a public hearing on September 8, 2009 and sends this zoning request with a favorable recommendation of 7-0-0. Commissioner Wathen moved to approve TZA 05-09 amending the Hendricks
County Zoning Ordinance amending Table 4.3 Permitted and Special Exception Land Uses, Chapter 7
Development Standards, Chapter 12 Petitions, Permits and Procedures and Chapter 15 Definitions as Ordinance
No. 2009-27, as recommended by the Plan Commission. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF VETERANS DAY PROGRAM
Receipt was acknowledged of a request from Lori Turpin, Veterans Affairs Officer, requesting use of the
Courthouse Rotunda for a Veterans Day Program on Wednesday, November 11, 2009. It was noted that all
County offices will be closed that day in observance of Veterans’ Day. It was the consensus of the
Commissioners to approve the request of Lori Turpin for use of the Courthouse Rotunda for a Veterans Day program on November 11, 2009. IN THE MATTER OF CONTRACT FOR ARCHIVING RECORDS
Mike Graham requested to continue the contract of John Parsons for archiving County records until a later date. It was the consensus of the Commissioners to continue the contract for archiving County records until
Mike Graham deems the appropriate time. ------IN THE MATTER OF MENTAL HEALTH
Mike Graham reported the Council would like the Commissioners to support them in seeking assistance from the General Assembly to change the Indiana Code so community mental health centers do not receive an automatic increase in their local funding. Under the current law Cummins Mental Health will see an increase in
2010 County funding when the County has to cut $6 million from their budget. He stated the first step would be to send a letter to our State Senator and State Representatives asking for a change in the law to have contributions to community mental health centers subject to the same revenue impacts that the County faces.
Mr. Graham further advised that Councilman Myron Anderson is drafting a letter and the goal is to have both the Council and Commissioners sign this letter. Auditor Cinda Kattau explained the process and formula of funding mental health. Commissioner Whicker advised the Council will bring this mental health funding matter to the October 8, 2009 joint meeting. It was the consensus of the Commissioners to support this proposal. IIN THE MATTER OF INSURANCE QUOTE
Mike Graham reported that from time to time we receive an inquiry from an insurance company asking to provide a quote on the County’s property and casualty coverage. Currently, we have been asked by Jim Degan of the Degan Insurance Group in Avon to prepare a quote for the Commissioners’ consideration. In the past, some insurance companies have been allowed to do the research and provide a quote and explained the difficulty in doing this is the research part. He stated insurance companies’ doing the research in the past have taken a significant amount of staff time researching our records and making copies and none of these activities have produced a competitive quote and one company gave no quote because seemingly they were overwhelmed by the research. Greg Steuerwald stated the County is not obligated to bid on insurance as insurance is a service. It was the consensus of the Commissioners to take this matter under consideration. IN THE MATTER OF BROWNFIELD LOAN - ROLLING HILLS
Mike Graham reported the revised Letter of Credit to Fifth-Third Bank for the Brownfield Loan in the amount of $466,091.26 for the Rolling Hills development had been received with a new expiration date of
July 21, 2010. Commissioner Wathen moved to recess the Commissioners’ meeting for the Tech Board at 10:35 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. ------Commissioner Whicker opened the Tech Board at 10:36 AM. IN THE MATTER OF TECH BOARD
Commissioner Whicker opened the Tech Board and reported he had received word from Doug Morris,
Systems Administrator, they have nothing to bring before the Tech Board today. Commissioner Palmer moved to adjourn the Tech Board at 10:37 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker reconvened the Commissioners’ meeting at 10:38 AM. IN THE MATTER OF B&O TRAIL
John Ayers gave a brief update on the B&O Trail and reported he is working with INDOT on their requirement for title insurance. He stated he is obtaining quotes for this insurance and suggested the County consider funding this insurance. Mr. Ayers further advised he will review these quotes and bring a recommendation to the September 22, 2009 meeting. IN THE MATTER OF TILDEN TERRACE
John Ayers explained the delay in the drainage reconstruction in Tilden Terrace as they are awaiting Indiana
Utility Regulatory Commission to approve the moving of the Veolia Water line. IN THE MATTER OF BRIDGE NO. 188
John Ayers explained they held a pre-construction meeting for Bridge No. 188, located on CR “0”, and are working to establish a time frame for construction of this bridge. IN THE MATTER OF HAWTHORN DRIVE
John Ayers reported they will receive quotes this week for repair of Hawthorn Drive in Hidden Valley
Subdivision. IN THE MATTER OF HIGHWAY BUDGET
John Ayers stated they are working to reduce the Highway budget for 2010 in order to meet the budget restraints. IN THE MATTER OF BRIDGE NO. 34
John Ayers requested to advertise for Notice to Bidders for replacement of Bridge No. 34, located on CR
700N over School Creek, and approach reconstruction. Commissioner Palmer moved to approve to advertise the Notice to Bidders for Bridge No. 34 and to sign the Notice to Bidders, based on the information provided by the County Engineer. Commissioner Wathen seconded the motion and the motion was approved unanimously
3-0-0. IN THE MATTER OF STREAMBANK STABILIZATON - WHITE LICK CREEK
John Ayers presented The Locally Led Contract Agreement with the United States Department of
Agriculture Natural Resources Conservation Service for emergency watershed protection program for DSR
Number HE002 for the EWP streambank stabilization for the Nitu Family – White Lick Creek, located on CR
700N and west of SR 267 in Hendricks County, at an estimated cost of $188,610. Commissioner Wathen moved to approve the Led contract agreement for the White Lick Creek streambank stabilization and authorize the President to sign on behalf of the Commissioners. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF 56TH STREET (CR 600N)
Commissioner Wathen requested the Engineering Department to check the signal timing at Raceway Road and 56th Street during the morning hours as traffic backs up a considerable distance during the rush hour.
IN THE MATTER OF VACATING A PUBLIC STREET
John Ayers presented a resolution for vacating a public street, the abandoned bridge and dead end off CR
650S and stated this has been requested by the adjoining owner of property on both sides of the road, Merlin
Martin, and that all other property owners have been notified. Greg Steuerwald advised this vacation of a public street would have to be advertised for a public hearing. It was the consensus of the Commissioners to advertise this vacation of a public street for a public hearing for October 4, 2009 at 9:30 AM. IN THE MATTER OF GOVERNMENT CENTER - VOTER REGISTRATION
John Ayers relayed a request from Voter Register to remodel and remove a portion of the front counter in order to better use this space for staff. He reported he had an estimate of $6,300 and inquired if this could be funded from the Government Center bond refinancing. It was the consensus of the Commissioners to remove a portion of the counter in the Voter Registration area, as requested, and to fund from the bond refinancing. IN THE MATTER OF COURTHOUSE & GOVERNMENT CENTER FIRE SUPPRESSION SYSTEM
John Ayers presented a proposal for a Sapphire Fire Suppression System from Koorsen Fire and Security for the computer departments in the Government Center and Courthouse in the amount of $35,280 and asked for direction on funding this project. It was the consensus of the Commissioners to request the Council for additional appropriations in the amount of $35,280 for this project. IN THE MATTER OF GOVERNMENT CENTER LEAK
John Ayers reported they need to repair/replace some mortar in the Government Center that was caused by leakage and reported on the quotes he had obtained from three contractors:
Joe Powell $ 19,076 Knauss $87,000 Pioneer Restoration $47,000
Mr. Ayers stated that based on past history Pioneer Restoration did the best job on this type of repair and inquired the funding. Greg Steuerwald clarified the Building Corporation for the Government Center gave the
Commissioners the authority to approve claims funded from the refinancing of the Government Center bond. It was the consensus of the Commissioners to approve Pioneer Restoration for mortar repair required due to leakage and to fund from the bond refinancing. IN THE MATTER OF BROWNSBURG
Mike Graham reported that on September 3, 2009 he sent a note to Jim Waggoner, Brownsburg Town
Manager, regarding the dedications of small amounts of County right of way to Brownsburg for CR 300S and
CR 600E, however, he has received no response to his note. IN THE MATTER OF REDEVELOPMENT COMMISSION
Commissioner Whicker announce the Redevelopment Commission would meet today at noon to discuss the
Heartland Crossing TIF bond. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. IDEM, Office of Air Quality, Permits Branch, Maplehurst Bakeries, Notice of Decision: Approval- Effective Immediately 2. IDEM, Office of Air Quality, Receipt of Air Permit Application, Rolls-Royce Corp. 3. INDOT, Indiana Historic Bridge Inventory, Public Review of Draft Select and Non-Select Recommendations,
Action needed/taken on the following:
1. Checks received and signed to the county: None
2. Whicker signed vehicle titles for the following: None
3. Documents needing action: None IN THE MATTER OF VETERANS AFFAIRS
Receipt was acknowledged of the August 2009 City and County Veteran Service Officer’s Monthly report from Lori Turpin, Veterans Affairs Officer. IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the weekly Highway report for September 8 through September 11, 2009 from
Martin Summers, Highway Superintendent. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the weekly Human Resources report for September 7 through September 11,
2009 from Ron Love, Human Resources Director.
Commissioner Wathen moved to adjourn the Commissioners’ meeting at 11:10 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member ATTEST: ______Judith Wyeth, Deputy Auditor
September 22, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, September 22, 2009, with a quorum of all three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners James McBryant Administrator Cypress Manor Ron Love Hendricks County Human Resources Director Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of the September 15, 2009 meeting, as corrected.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Palmer moved to approve Claims #198454 thru 198482, as presented. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Wathen stated they are continuing to work with the prospective developer for Exit 59 and it looks positive at this time.
Commissioner Wathen stated the sewers at Exit 59 are almost completed and will meet their substantial completion date of October 1, 2009
Mike Graham stated there is no action to be taken on the proposed Kite Memorandum of Understanding (MOU).
It was the consensus of the Commissioners to remove this item from the regular agenda until further action.
Mike Graham explained the Indianapolis Water Company has given us a projected cost for the extension of water service to Westpoint Business Park and 70 West Commerce Park with an estimate of $550,000 and the Water
Company’s preliminary cost for Kite is approximately $440,000 to extend the water line on the west side of SR 39.
He stated the County made a commitment to Kite we would extend the water line to their site, however, our definition of the site is to the west side of SR 39, but Kite’s definition may be to the Centerline site, which has been moved to the northern end of Kite’s property and advised that Kite may try to get the County to pay $440,000 for the extension along the west side of SR 39. He stated the County now needs to get Lauth to record their street plat and utility easements. Mr. Graham also advised that when there is a water extension the Water Company allows a 10 year reimbursement to the original investor by charging a portion of the initial cost to additional users, therefore, before we sign a contract with the Water Company we will need to identify potential customers who would reimburse the County. He also stated that Lauth was originally charged with the responsibility to extending the water service and that Lauth is now asking the county to waive any reimbursement charge to them. It was the consensus of the Commissioners for Mike Graham to contact Lauth and to deny the request from Lauth for a waiver of any reimbursement charge to them. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers advised he had revised some of the language with CSX on the easement and is awaiting a response from CSX.
Commissioner Wathen advised the County has applied for a $20,000,000 TIGER grant for the Ronald Reagan
Parkway from CR 300N to the I-74 interchange.
Commissioner Wathen stated they are also working with our State legislators to talk with our Congressmen for federal assistance for the Ronald Reagan Parkway.
Receipt was acknowledged of the monthly Appian report for August 2009 from Dennis Faulkenberg for the
Ronald Reagan Parkway. IN THE MATTER OF JUDICIAL CENTER
John Ayers clarified the next meeting dates of the Advisory Committee for the judicial center and stated they will be held at 7 PM on October 15, 2009 and November 5, 2009 in the Government Center. IN THE MATTER OF CYPRESS MANOR
Commissioner Whicker welcomed several citizens that were in attendance for discussion of Cypress Manor. He announced this was for discussion on the future of Cypress Manor and advised that anyone who wished to speak would be permitted to do so. James McBryant gave an overview of the operation of Cypress Manor. He provided several charts and graphics, which provided a description of the general characteristics of the current residents and explained there were currently 14 county homes functional in Indiana. The following citizens expressed their concerns for the residents of Cypress Manor:
Sharon Kenrell, ShareCare nurse, explained the review of medical orders that her firm does for Cypress Manor and complimented James McBryant and staff on the excellent care the residents receive in Cypress Manor.
Natalie Grimes, 4-H member and volunteer, explained how she and other 4-H club members work at the Cypress
Manor and their feelings for the care of the residents.
Maria Larrison, Director Sheltering Wings, stated Cypress Manor is an extension of Sheltering Wings as they have an agreement to house males that are victims of domestic abuse and stressed there were few other places these residents could go to live.
Angelica Huffman, volunteer, stated she has volunteered at Cypress Manor for five years and expressed what a caring home this is for the residents that live there.
Karen Cochrane, Avon, explained that she has a son that lives at Cypress Manor and that it has provided him with a very caring home type residence and she is grateful to Hendricks County for providing this facility for her son.
Rebecca Daily, Brownsburg 4-H Leader, complimented the staff at Cypress Manor for the excellent care they show to the residents. She stated the budget for Cypress Manor and for the animal control is about the same and felt it was far more important to look after people than animals and if a financial cut was to be made she would rather see the animal care reduced rather than people care.
Cheryl Huffman, Avon, shared the Commissioners concerns with residents from other counties, but felt maybe we could ask those counties for assistance or maybe we should offer our services to those residents of other counties rather than have them become homeless on the streets.
James McBryant explained there are currently five residents that are not residents of Hendricks County, however, two have family and/or guardian in Hendricks County and one is a former resident of Hendricks County.
Commissioner Palmer inquired if Cypress Manor received any funding from United Way. Mr. McBryant answered they did not. She suggested he check to see if Cypress Manor could receive United Way support.
Commissioner Whicker expressed thanks to all who spoke on Cypress Manor and all others who attended. He stated that Cypress Manor would be on the agenda for the October 13, 2009 Commissioners’ meeting. IN THE MATTER OF COMMUNICATIONS CENTER
Mike Graham explained we have a significant problem with funding the Communications Center as the current formula requires contributions from all towns and the County and they are difficult to collect. He stated an idea to address this problem would be to get the General Assembly to change the LOIT (Local Option Income Tax) law, as currently, the law allows for an increase in the local option income tax but the first half of the increase needs to go to property tax relief and the second half can be used for public safety. The General Assembly has mandated the consolidation of dispatch centers but has provided no funding to accomplish the task. Mr. Graham questioned the
Commissioners if they would be willing to ask the State Senator and the State Representatives for Hendricks County to seek legislation to allow a change in LOIT that would support consolidated dispatch centers without a provision for property tax relief as this could provide an incentive to consolidate dispatch services throughout the State. He also inquired if the Commissioners would support an effort to seek the legislation we would first need to obtain the support of the County Council. There was discussion of this funding option. It was the consensus of the
Commissioners for Mike Graham to draft a letter to the State Senator and State Representatives from Hendricks
County and bring to the joint meeting on Thursday, October 8, 2009 for Council consideration. Greg Steuerwald suggested copies of the approved letter should also be sent to the Association of Indiana Counties (AIC) and to the
Association of Cities and Towns. IN THE MATTER OF DANVILLE STORM WATER MANAGEMENT
Mike Graham advised that Danville is proposing a stormwater utility for the town that is similar to the type of utility the County considered establishing two years ago. He explained it is based on establishing an EQU
Equivalent Residential Unit (3,700 square feet of impervious area per residential unit) and this unit of measure is then applied to the square footage for impervious material for non-residential property. He further explained the County’s EDU count according to Danville is 494.0 and there are three different rates Danville is proposing;
$24, $30 and $36 per EDU and would make the annual stormwater utility bill for the County $11,856 or $14,820 or $17,784. Mr. Graham stated there will be a public hearing in December and provided a copy of Danville’s listing of the County’s properties and the EDU allocations. There was discussion that Plainfield has a storm water management program. Commissioner Palmer asked for the County to request a waiver of these charges from the
Town of Danville and to also check with Plainfield if that have granted any waivers. IN THE MATTER OF HIGHWAY
Mike Graham presented the proposed Highway Department budget reduction requested by the Council and explained that Martin Summers, Highway Superintendent, has proposed a reduction of $1,736,741.20 for the balance of the 2009 and for the 2010 budgets. He further stated the primary impact of the revised budget will be a reduction in the of amount of paving work.
Receipt was acknowledged of the weekly Highway report for September 14 to September 18, 2009 from
Martin Summers, Highway Superintendent. IN THE MATTER OF EAST CAMPUS ROAD
John Ayers stated at the meeting last week bids from six firms were received and read for the East Campus Road.
He further stated the Engineering Department has analyzed all the bids received and determined that Central
Engineering and Construction was the lowest, most responsive and responsible bidder with a bid amount of
$1,162,007.56 and recommended the bid be awarded to this firm. Commissioner Palmer moved that based on the
County Engineer’s recommendation that the County enter into a contract with Central Engineering and Construction as the lowest, most responsive and responsible bid received for the East Campus Road. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF B&O TRAIL
John Ayers explained the request from INDOT for additional title work and the need for title insurance on the purchase of the B&O Trail property from CSX and stated he had requested quotes from Abstract & Title and from Royal Title. He stated Royal Title had not responded, but did present a quote from Abstract & Title in the amount of $1,600 for owner’s title premium and search fee of $2,500 for a total of $4,100 with a required time of approximately 2-4 weeks. Mr. Ayers also asked the Commissioners to consider paying for this insurance.
Commissioner Wathen moved to award the title services relating to the County’s purchase of the abandoned
CSX railroad corridor to Abstract & Title, request that they expedite the time frame and fund from either Special
Contracts or the Wheel Tax. Commissioner Palmer seconded the motion and the motion was approved unanimously
3-0-0.
Diana Virgil, President B&O Trail, stated they had over 350 runners/walkers on their first B&O run/walk. She also stated they have a horse ride planned for next month. IN THE MATTER OF HIGHWAY BIDS
John Ayers stated the Highway Department would like to advertise for Highway materials bids earlier this year and requested to advertise to receive bids on October 27, 2009 and then award the bids two weeks later.
Commissioner Wathen moved to approve advertising for Highway material bids on October 27, 2009 and to award the bid two weeks later on November 10, 2009. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF GOVERNMENT CENTER
John Ayer reported the replacement window will be finished this week in the Government Center with the exception of the windows on the Accounts Payable office that were overlooked in the original count.
John Ayers stated the replacement carpet for the Government Center has been delivered and they will start installation on the top floor tonight. IN THE MATTER OF ENERGY GRANT FOR COURTHOUSE
John Ayers advised he has received an email informing the County has been approved for the $560,000 energy grant for the Courthouse from the stimulus program. IN THE MATTER OF TILDEN TERRACE
John Ayers explained a utility issue in the reconstruction of the drainage in Tilden Terrace due to the need to relocate a water line in the easement and said he has been advised that Indianapolis Water has agreed to move this water line. IN THE MATTER OF 56TH STREET
John Ayers explained a utility issue in the construction of 56th Street involves a phone line in the easement and explained the time frame. He advised that AT&T had offered to move the lines at no charge to the County if the
County would have new conduit placed. Mr. Ayers recommended for Poindexter Construction to install the conduit and present a change order for this work at a later date. It was the consensus of the Commissioners to request
Poindexter Excavating to install the conduit and present a change order for their work. IN THE MATTER OF LIBERTY TOWNSHIP FIRE TERRRITORY
Commissioner Whicker acknowledged receipt of a call from the Liberty Township Fire Chief relative to closure of roads in their area making it difficult to make fire runs. John Ayers stated he will provide the Fire Department a schedule of road closure times. IN THE MATTER OF DANVILLE COMMUNITY HIGH SCHOOL
Receipt was acknowledged of a request from the Danville Community High School to use the Government
Center parking lots their annual Homecoming Parade on Friday, September 25, 2009. It was the consensus of the
Commissioners to approve the request for use of the Government Center parking lots by the Danville Community
High School for their annual Homecoming Parade on Friday, September 25, 2009. IN THE MATTER OF BROWNSBURG LIBRARY
Receipt was acknowledged of the September 2009 request from Wanda L. Pearson, Director Brownsburg Public
Library for an appointment to the Brownsburg Public Library Board of Trustees as the current term for the
Commissioners’ appointee, Lugene Yearwood, expires December 31, 2009. Ms. Pearson expressed appreciation for the ten years Ms. Yearwood has served and while she would recommend another four-year term for Ms. Yearwood she also has a file of a few names of people who have expressed an interest in service on this board. It was the consensus of the Commissioners to request the list of additional interested parties for consideration. IN THE MATTER OF TOWN OF DANVILLE - SCARECROWS
Receipt was acknowledged of an email from Amanda Jensen, Danville Chamber of Commerce, requesting to place scarecrows on the Courthouse lawn again this year. She stated they will be placed on Saturday, October
3, 2009, in the same manner as last year, and removed on Friday, October 30, 2009. It was the consensus of the
Commissioners to approve the request to place scarecrows on the Courthouse lawn for the dates stated in the request. Commissioner Wathen left the meeting at 11:07 AM. ------IN THE MATTER OF BROWNFIELD LOAN - ROLLING HILLS
Mike Graham presented a draft letter to Joe Shemanski, Vice President Fifth Third Bank, acknowledging that by virtue of the new letter of credit for Rolling Hills, relative to the Brownfield Loan, with an expiration date of
July 21, 2010, stating that Hendricks County will withdraw its previous demand for payment dated July 28, 2010.
Mr. Graham stated Attorney Greg Steuerwald had reviewed this letter. Commissioner Whicker moved to approve the letter to Fifth Third Bank relative to the new letter of credit for Rolling Hills and authorize the President to sign on behalf of the Commissioners. Commissioner Palmer seconded the motion and the motion was approved unanimously 2-0-0. Commissioner Wathen returned to the meeting at 11:10 AM. IN THE MATTER OF TRANSFER
A draft letter to transfer funds in the Commissioners’ budget in the amount of $1,800 from 100-13501-000-
135 Board of Review to 100-13599-000-135: Overtime, was presented. It was the consensus of the Commissioners to approve and sign this transfer letter. IN THE MATTER OF WORK RELEASE CENTER - FOOD DROP-OFF
Receipt was acknowledged of a request from Christine Phillips, Administrative Assistance at the Work
Release Center, to set up a drop off point in the Work Release Center for a food drive for a four week period during the holidays that would assist in furnishing food for the various food pantries in the County and also provide food for Sheltering Wings during the holidays. It was the consensus of the Commissioners to approve this request for a collection of food at the work release center for Hendricks County food pantries and for Sheltering
Wings. IN THE MATTER OF DISASTER RECOVERY
Commissioner Whicker announced Christina Gerald, Indiana West Central Economic Development District, will conduct a Disaster Recovery meeting at 1 PM today in the Commissioners’ meeting room. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. Cummins Behavioral Health Systems, Inc., Board of Directors Meeting, Thursday, September 24, 2009, Board Conference Room, Avon, IN, 6:30 p.m. dinner. 2. IDEM, Office of Water Quality, Facility Construction Section has received a sewer permit application from Platinum Properties, LLC to construct Northfield @Wynne Farms, Section 2A in Brownsburg, IN. 3. IDEM, Indiana Section AWWA Drinking Water Safety and Security Emergency Response training (ICS/NIMS0 and Tabletop Exercise Offered (4 locations throughout state).
Action needed/taken on the following:
1. Checks received and signed to the county: None
2. Whicker signed vehicle titles for the following: None
3. Documents needing action: None IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the weekly Human Resources report for September 14 through September 18,
2009 from Ron Love, Human Resources Director. IN THE MATTER OF PLANNING AND BUILDING
Receipt was acknowledged of the September 11, 2009 monthly Planning and Building Report of Collections from Don Reitz. IN THE MATTER OF MUSEUM
Receipt was acknowledged of the September 15, 2009 letter from Jeff Baldwin, President, Friends of the
Hendricks County Historical Museum, expressing thanks and appreciation for the attention the Commissioners have given to the maintenance and upkeep of the County’s oldest building, the former residence of the Hendricks
County Sheriff and Jail that is now known as the Hendricks County Museum. He stated they were especially grateful this year for the windows, tuck-pointing on the brickwork of the buildings, the driveway and the ceiling in the parlor. IN THE MATTER OF PLAINFIELD SCHOOL CORPORATION
Receipt was acknowledge of the September 17, 2009 letter from Scott Olinger, Superintendent of the Plainfield
Community School Corporation, expressing thanks for including their school in the rebate check from OfficeMax.
Commissioner Palmer moved to adjourn the Commissioners’ meeting at 11:15 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
October 27, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, October 27, 2009, 2009, with a quorum of all three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Don Reitz Hendricks County Planning Director Martin Summers Hendricks County Highway Superintendent Monica Smith Hendricks County Director of Nursing Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF 2010 HIGHWAY SUPPLIES BIDS
Commissioner Whicker announced bids for 2010 highway supplies had been duly advertised for 9:30 AM and stated it was now 9:30 AM. Commissioner Wathen moved to close bids for highway supplies. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of the October 20, 2009 meeting, as corrected.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Palmer moved to approve Claims #094721 thru 094839 and Direct Deposit Claims #053000 thru 053408, as presented. Commissioner Palmer seconded the motion and the motion was approved unanimously
3-0-0. IN THE MATTER OF EXIT 59
Commissioner Wathen explained that Paul Kite Company has changed their mind and they now want a TIF bond at Exit 59. Attorney Greg Steuerwald clarified the TIF should be included in the Memorandum of Understanding
(MOU). Mike Graham stated the MOU has not been finalized with Kite. There was discussion to contact Greg
Guerrettaz, Financial Solutions Group, on this matter. It was the consensus of the Commissioners for Mike Graham to continue to work with Kite on the MOU for this location.
John Ayers advised that we have received the documents from Lauth to record the roadway at Exit 59, however, we have not received the documents to delimit the water and sewer easements. Attorney Greg Steuerwald recommended to go ahead and record the roadway documents that Lauth provided to the County. It was the consensus of the Commissioners to record the documents for the roadway on the Lauth property at Exit 59 and that
Mike Graham follow up on obtaining the water and sewer easements for the Exit 59.Lauth property.
Mike Graham presented a letter to Council requesting an additional appropriation from the EDIT fund in the amount of $600,000 in order to fund the installation of the water main from the south side of I-70 to the Kite and
Lauth projects located north of I-70. Commissioner Wathen moved to approve and sign the letter to Council for an additional appropriation of $600,000 from the EDIT fund for the water line at Exit 59. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers advised the letting of the bridge on the Ronald Reagan Parkway over the CSX tracks is still on schedule for the November 4, 2009 letting.
John Ayers explained the proposed Ronald Reagan Parkway north of CR 600N will require a Memorandum of
Agreement with the National Historic Preservation Office for a farmstead located on 86th Street and the Howard
School in Boone County. He also stated that Boone County is agreeable to the Memorandum of Agreement and he will bring the agreement next week for the Commissioners’ consideration.
John Ayers stated they have started paving the Ronald Reagan Parkway north of US Highway 36 to CR 100N.
Receipt was acknowledged of the Appian monthly activity report of October 13, 2009 from Dennis Faulkenberg for the Ronald Reagan Parkway. IN THE MATTER OF JUDICIAL CENTER
John Ayers stated the Advisory Committee for the judicial center will meet again on November 5, 2009 in the
Government Center.
Commissioner Palmer commented she had received and reviewed the summary from the committee and was pleased with their comments. She also stated she would share this report with the other two Commissioners. IN THE MATTER OF ORDINANCE NO. 2009-29 TZA 05-09: AMENDMENT TO ZONING ORDINANCE
Don Reitz presented TZA 05-09: an Amendment to the Zoning Ordinance Amending Chapter 4 Zoning Districts,
Chapter 14 Overlay Districts and Chapter 15 Definitions, and explained this amendment was to establish an overlay district for wind energy projects. He stated the Plan Commission held a public hearing on October 13, 2009 and sends this text zoning amendment with a favorable recommendation of 6-0-0. Commissioner Palmer moved to approve TZA 05-09, as recommended by the Plan Commission, as Ordinance No. 2009-29. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Wathen left the meeting at 9:58 AM. IN THE MATTER OF HEALTH DEPARTMENT - PART-TIME EMPLOYEE
Monica Smith presented a contract for a temporary employee, Jake Hahn, for consideration. She explained Mr.
Hahn is the husband of a nurse in Nursing Health and stated he needed work and they needed someone to work and clarified this employee would not be under the supervision of his wife. She also stated she had cleared this matter with the Human Resources Director. She further advised this temporary employee would be transporting vaccine and the position would be for the duration of the H1N1 federal grant. Commissioner Palmer moved that based on the recommendation of the Human Resources Director to approve the contract for this temporary employee in the Health Department and authorize the President to sign on behalf of the Commissioners. Commissioner
Whicker seconded the motion and the motion was approved unanimously 2-0-0.
Monica Smith gave a brief update on the H1N1 status and explained they have not received enough vaccine to
provide shots to everyone that was requesting this H1N1 vaccine. She stated they are attempting to provide the vaccine to as many individuals as possible in the age groups that they feel are most susceptible. Commissioner Wathen returned to the meeting at 10:01 AM. IN THE MATTER OF BIDS FOR 2010 HIGHWAY SUPPLIES
It was noted that Notice to Bidders for 2010 Highway supplies were sent to bidders actually stated bids to be received at 10:00 AM and the Notice to Bidders in the legal ads stated 9:30 AM. Commissioner Whicker announced it was now 10:01 AM. Commissioner Palmer moved to amend the acceptance of bids and to accept all bids for 2010 highway supplies received by 10:00 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously. John Ayers read the vendors presenting bids for highway 2010 supplies as follows:
St. Regis CPI Asphalt, Inc. Hall Signs S&G Excavating HDC Milestone 243 Quarry US Aggregates Pinkerton Fuel Co Alliance
John Ayers opened and read the bid from Pinkerton for fuel:
Unleaded $2.069 Diesel $2.1940 Diesel $2.220
It was the consensus of the Commissioners for John Ayers and Martin Summers to move to Room #4-5 to open all remaining bids received and to bring back a report and recommendation on November 10, 2009. IN THE MATTER OF BRIDGE NO. 34
John Ayers explained that last week he had requested to continue the awarding of the bid for Bridge No. 34, located on CR 700N over School Branch, in order to further review the five submittals and stated he was now ready to recommend Bridge No. 34 be awarded to H. E. Henderson as they were the lowest bid received. He presented a contract with H. E. Henderson in the amount of $391,175.64. Commissioner Palmer moved to award the bid for
Bridge No. 34 to H. E. Henderson in the amount of $391,175.64, as recommended by the County Engineer, and as the lowest most responsible and responsive bid received. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CR 300N AND CR 600E
Hal Virgil, Brownsburg, inquired the status of the dedication of right-of-way to the Town of Brownsburg for a portion of CR 300N and CR 600E in order to increase the speed limit to be consistent with the entire road. John
Ayers stated we have not received the legal description for CR 600E from the Town and cannot grant a legal right- of-way until the legal description is received. Mr. Virgil stated he will meet with Brownsburg Town officials on this matter. IN THE MATTER OF VOTING MACHINES
Mike Graham acknowledged receipt of a letter from Clerk Cindy Spence requesting to donate 275 obsolete voting machines to The Center of Integrity, Empowerment & Fairness, Inc. She stated this is a nonprofit organization located in Muncie, Indiana and they are collecting old voting machines to help develop a voting system in the Benin Republic, West Africa. Mr. Graham clarified that in this October 19, 2009 letter, Ms. Spence has declared these machines to have ZERO value as the primary factor that made these machines obsolete is the Help
America Vote Act. The letter stated we had to purchase 255 new machines at $3,150 each and the Federal
Government paid $383,300 for 122 new voting machines. Commissioner Wathen moved to approve the request from Clerk Cindy Spence to declare these 275 voting machines as being obsolete with ZERO value and authorize her to donate them to the Muncie organization. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF COURTHOUSE
Mike Graham advised the Greater Danville Chamber of Commerce received a request from the Danville United
Methodist Church to do a live Nativity on the Courthouse lawn as a part of the Christmas on the Square celebration this year. There was discussion of the time and date. It was the consensus of the Commissioners for Mike Graham to obtain additional information on this request and to bring back the request next week. IN THE MATTER OF NACO VIDEO PROMOTION OF HENDRICKS COUNTY
Mike Graham stated NACO is introducing a program to have video promotions of Hendricks County on our web site. It would be developed by the CGI Communications, Inc. and CGI would like to come to the County to produce a welcome message video plus nine videos on such topics as relocation, business, industrial and education. He stated this program will be at no cost to the County and CGI makes their money by selling video advertisements to businesses in the community as these ads appear on the website with the video promoting the County. There was discussion of this program. It was the consensus of the Commissioners to not approve this NACO program at this time, but to look at it again at a later date. IN THE MATTER OF WORK RELEASE CENTER
On behalf of the Commissioners Mike Graham asked Todd McCormack, Adult Probation Director, to make a brief presentation to the Commissioners’ November 3, 2009 meeting to consider whether or not Hendricks County should participate in the Indiana Department of Correction’s Community Corrections Program. He requested for the Department of Corrections to then make a presentation to the Commissioners at their November 17,, 2009 meeting. Mr. Graham also stated he asked Mr. McCormack to brief the Council at their regular scheduled meeting on November 12, 2009 and the Commissioners may also want to include this topic on the December 10, 2009 Joint
Meeting agenda. There was discussion of this topic. It was the consensus of the Commissioners for Mike Graham to proceed to set the dates specified for discussion with Mr. McCormack and the Department of Corrections and to add to the agenda for the December 10, 2009 Joint Meeting. IN THE MATTER OF COMMUNICATIONS FUNDING
Mike Graham advised he had attended a meeting with Larry Brinker, Robin Brandgard, Charlie Dorton, Wes
Bennett and Gary Eakin on October 21, 2009 to talk about funding issues associated with the Communications
Center. He stated they talked about the need to get a common direction and support from all the local units of government in Hendricks County for legislations that would create a funding method for the Communications
Center. He stated the primary ideas were to provide a LOIT (Local Option Income Tax) option or an increase in
E911 funding. Mr. Graham advised the letter previously approved only supported the LOIT option and presented a revised letter that includes the E911 option to be sent to the State Senators and State Representatives who represent
Hendricks County citizens. It was the consensus of the Commissioners to approve the revised letters to our state representatives and authorize the President to sign on behalf of the Commissioners. IN THE MATTER OF GIS
Mike Graham reported that last week the Commissioners directed him to write two letters to the GIS vendors that were not selected for the Hendricks County GIS and presented letters to 39 Degrees North and WTH Technology,
Inc. for their execution. It was the consensus of the Commissioners to approve, sign and send these letters, as presented. IN THE MATTER OF SYCAMORE SERVICES
Mike Graham presented a draft letter to Patrick Cockrum, Director Sycamore Services, expressing gratitude for the professional and competent skills demonstrated by him and his staff in preparing a management proposal. It was the consensus of the Commissioners to approve, sign and send this letter, as presented. IN THE MATTER OF COURTHOUSE SECURITY
Mike Graham advised that he had talked with Judge Boles, Circuit Court, and he has approved using the Circuit
Court Jury Room in an executive session to discuss Courthouse security. Mr. Graham requested to work with the judges to establish a date and time. It was the consensus of the Commissioners for Mike Graham to work with the elected officials at the Courthouse to set up a date to meet in Executive Session to discuss Courthouse security and to meet at 1:00 PM in the Circuit Court Jury Room. IN THE MATTER OF WHITE LICK CREEK
John Ayers presented a Notice to Bidders for the streambank stabilization project on the Nitu property adjoining
White Lick Creek, located on west of SR 267on CR 700N, and requested to advertise for bid opening on November
24, 2009 at 9:30 AM in the Commissioners’ meeting room. Commissioner Wathen moved to approve advertising the Notice to Bidders for the streambank stabilization project on White Lick Creek, as requested by the County
Engineer. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF B&0 TRAIL
John Ayers stated he was complying with INDOT requests for the B&O Trail and they are obtaining the necessary title insurance and environmental study. He also stated they have submitted soil samples to the Indiana
Brownfield’s Program to evaluate and they should still be on schedule for the January letting date for the trail. IN THE MATTER OF EAST CAMPUS - POLE BARN
John Ayers reported they previously advertised for removal of the pole barn located on the East Campus and received no bids, however, they later had two contractors indicate an interest in removing this structure. He stated that as of this date, neither contractor has submitted a bid. Mr. Ayers explained the removal of the building was in the contract for the road and it may be up to the contractor for the road, Central Engineering and Construction, to remove this pole barn. IN THE MATTER OF GOVERNMENT CENTER
John Ayers stated the carpet replacement in the Government Center is getting done and they have the offices on the first and second floor complete and are currently working on the offices on ground level. Mr. Ayers explained there had been concerns about replacing carpet in the lounge area and elevators and also of the condition of the stairs and landings in the Government Center. He presented a new type of flooring “Quartz Carpet” for consideration along with estimates for replacement with this flooring, VCT tile, quartz tile and rubber in these areas of the building. There was discussion of the use of each type of flooring in the various areas of concern and which type flooring would be the most durable for each particular area. It was the consensus of the Commissioners to replace the carpet in the lounge, kitchen area and banquet room with VCT tile and replace the covering on the stairs and landings and elevators with rubber as these floor coverings would be the most durable and longest lasting floor coverings for the areas stated. IN THE MATTER OF HIGHWAY FUEL MAINTENANCE CONTRACT
Receipt was acknowledged of a request from the Highway Department to renew the equipment maintenance agreement with TRAK for the Highway fuel system in the amount of $3,882.00 from January 1, 2010 through
December 31, 2010. Attorney Greg Steuerwald stated he had reviewed this contract and it was a renewal of an existing contract for this maintenance service. It was noted that the signature page had been omitted from the contract. Commissioner Palmer moved to approve the service agreement with TRAK for equipment maintenance on the Highway fuel system for 2010 in the amount of $3,882.00, with the provision a signature page is provided.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF COUNTY ENGINEER ORGANIZATIONAL CHART
The revised organizational chart for the County Engineer that was presented last week was further discussed.
This new organizational chart has the Highway Supervisor reporting to the County Engineer. Attorney Greg
Steuerwald clarified the Commissioners appoint the position of County Highway Supervisor and they can adjust the organizational chart as needed and at any time. John Ayers stated he was in agreement with the organizational chart as presented and requested that in the future the chart and the Engineer’s position be evaluated for additional adjustments. It was the consensus of the Commissioners to approve the organizational chart for the County
Engineer, as presented. IN THE MATTER OF 56TH STREET
John Ayers relayed a request from Bern Construction, contractor for the 56th Street, and stated this project is 50% complete and Bern is requesting their retainage be reduced from 10% to 5%. There was discussion of this request.
It was the consensus of the Commissioners to keep the same retainage of 10% as was agreed in the Bern contract for the 56th Street reconstruction project. IN THE MATTER OF BROWNSBURG LIBRARY
It was noted that last week receipt was acknowledged of a request from Wanda Pearson, Director Brownsburg
Public Library, for an appointment to the Brownsburg Library Board of Trustees as the term of Lugene Yearwood expires December 31, 2009. Ms. Pearson stated Ms. Yearwood has served on this Board since 2000 and requested she be reappointed, however, she sent an email stating that Janet Ayers has expressed interest in serving. There was discussion of this appointment. Commissioner Whicker moved to reappoint Lugene Yearwood to another four- year term on the Brownsburg Library Board of Trustees. There was no second and the motion died for lack of a second. Commissioner Palmer moved to appoint Janet Ayers to a four-year term on the Brownsburg Library Board of Trustees. There was no second and the motion died for lack of a second. It was the consensus of the
Commissioners to request a brief resume of the two names submitted by Ms. Pearson and to check if there were other parties interested in serving on this board and bring back next week.
IN THE MATTER OF PARK BOARD
Receipt was acknowledged of a letter from Dennis Gibbs advising that his term as the Commissioners’ appointee to the Park Board will expire January 4, 2010 and requesting to be reappointed to this position. It was noted that
Mr. Gibbs was appointed to replace Tom Barker thru December 31, 2006 and then reappointed to serve through
December 31, 2009. Commissioner Palmer moved to reappoint Dennis Gibbs to serve on the Park Board for another three-year term through December 31, 20012. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF INDIANA RECOVERY ZONE FACILITY REVENUE BOND
Receipt was acknowledged of the October 19, 2009 letter from Rich Carlucci, Plainfield Town Manager, relative to the Town of Plainfield, Indiana Recovery Zone Facility Revenue Bond (Whitaker Properties, LLC Project), Series
2009. The letter stated Whitaker Properties did not use all of the $8,913,000 recovery zone facility bond allocation / and is relinquishing the remaining $413,000 back to the County. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. IDEM, Office of Water Quality, Facility Construction and Engineering Support Section, Permit Plans and Specifications for Sanitary Sewer Extension, Aberdeen Apartments-Phase 3, Permit Approval, Unincorporated Area Hendricks County. 2. IDEM, Office of Water Quality, Facility Construction and Engineering Support Section, Permit Plans and Specifications for Sanitary Sewer Extension, East Main Apartments, Permit Approval, Danville, IN. 3. IDEM, Solid Waste Permits Section, Insignificant Modification Proposal, Twin Bridges Recycling and Disposal Facility, Hendricks County, IN.
Action needed/taken on the following:
1. Checks received and signed to the county: a. Schultz & Pogue, LLP $11.20 copies Hendricks County Health Department Child Health Clinic
2. Whicker signed vehicle titles for the following: None
3. Documents needing action: None IN THE MATTER OF VETERANS’ AFFAIRS
Receipt was acknowledged of the monthly Veterans’ report for October 2009 from Lori Turpin, Veterans’ Affairs
Officer. IN THE MATTER OF WEIGHTS AND MEASURES
Receipt was acknowledged of the monthly Weights and Measures report for October 2009 from Charles Colbert,
Weights and Measures Inspector. IN THE MATTER OF TORT CLAIM - MINTON
Receipt was acknowledged of a Tort Claim from Mallor Clendening Grodner & Bohrer on behalf of Doris
Minton relative to the Clerk’s Office not forwarding child support payments. The original has been hand delivered to Rich Jensen and a copy faxed to Greg Steuerwald. IN THE MATTR OF NON-PARTY REQUEST FOR PRODUCTION
Receipt was acknowledged of a Non-Party Request for Production by the Highway Department from John P.
Young, Young & Young, on behalf of Sarah E. Smith relative to accident on CR 250W near its intersection with CR
350S in Clay Township. The original has been hand delivered to Rich Jensen, a copy faxed to Greg Steuerwald and a copy to John Ayers. IN THE MATTER OF CYPRESS MANOR
Receipt was acknowledged of a letter dated October 19, 2009 from Harlan H. Hinkle, Hinkle & Gooch, expressing thanks for keeping the county home in operation. IN THE MATTER OF DEAN TURNER
Commissioner Palmer announced Dean Turner had passed away and acknowledged he had served on the County
Council from 1975 thru 1978 and the many boards, committees and holding corporation he had served at the local, county and state level. She stated Mr. Turner was recognized by the Recognition Committee for his outstanding service to Hendricks County and his name appears on the Citizen Making a Difference plaque that hangs in the
Government Center. Fags at all County buildings will fly at half staff on Thursday, October 29, 2009 in memory
Dean Turner, a former elected County Councilman.
Commissioner Wathen moved to adjourn the Commissioners’ meeting at 11:25 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
November 3, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, November 3, 2009, with a quorum of two (2) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Eric L. Wathen ) Hendricks County Board of Commissioners Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Todd McCormack Hendricks County Director Superior Court Adult Probation James McBryant Administrator Cypress Manor Judith Wyeth Secretary to the Commissioners NOTE: Commissioner Palmer was on vacation and did not attend this meeting. Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of the October 27, 2009 meeting, as corrected.
Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #199399 thru 199427, #200214 thru 200223, and
#199428 thru 200213, as presented. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0. IN THE MATTER OF EXIT 59
Commissioner Wathen advised they are continuing to work with the prospective developer for Exit 59. He also stated the sewers are almost completed at Exit 59.
Mike Graham stated Centerline has sent a revised letter restating our commitment to provide water service and it states we have secured all the easements. There is an issue associated with the easement that needs to be resolved before the Commissioners can sign the letters. The Commissioners tabled consideration of the letter until the November 10, 2009 meeting in hopes the easement issue can be resolved. Mike Graham will continue to work to obtain the necessary easements to record.
Commissioner Whicker explained the Regional Sewer Board this morning was advised the sewer lines at
Exit 59 will be tested today and that Valenti-Held will be requesting an extension of time for completion of the odor control building at that site.
Mike Graham acknowledged that Paul Kite Developer has asked for a small TIF bond, net $1.5 million and stated there are several questions that will need to be resolved. He stated in the original MOU, we had some monies going to the fire department. He also stated when Kite said they were not seeking a TIF bond we agreed to give them the difference between the infrastructure commitment of $620,000 and the cost of putting in the water service currently estimated at $582,649. Mr. Graham advised that Kite is working on their proposal to answer these questions and we will eventually need to set down and negotiate a revised MOU. It was the consensus of the Commissioners for Mike Graham to continue working with Kite on their MOU for Exit 59. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers advised the bridge letting for the new bridge on the Ronald Reagan Parkway over the CSX tracks is scheduled for tomorrow, November 4, 2009.
John Ayers presented a Memorandum of Agreement for the Ronald Reagan Parkway between the Federal
Highway Administration and the Indiana State Historic Preservation Office regarding the Extension of the
Ronald Reagan Parkway from CR 600N to SR 267 and I-65 in Perry Township, Boone County, Indiana and
Brown Township, Hendricks County, Indiana. Mr. Ayers stated Boone County has already signed this agreement. Commissioner Whicker moved to enter into the Memorandum of Agreement for the Ronald Reagan
Parkway between the Federal Highway Administration and the Indiana State Historic Preservation Office regarding the Extension of the Ronald Reagan Parkway from CR 600N to SR 267 and I-65. Commissioner
Wathen seconded the motion and the motion was approved unanimously 2-0-0.
John Ayers stated the fee for design of the Ronald Reagan Parkway from CR 100S to CR 200S.has been submitted and is being reviewed. IN THE MATTER OF JUDICIAL CENTER
Steve Craney, Banning Engineering, stated the next meeting of the Advisory Committee for the judicial center will be November 5, 2009 at 7 PM in the Government Center and their presentation will be made to the joint Commissioners and Council meeting on December 10, 2009. IN THE MATTER OF LINK HENDRICKS COUNTY
Marcia Lynch, Director of Community Relations for Sycamore services, presented the 2010 Section 5311
PMTF Operating Assistance Grant Agreement #18028430 with INDOT in the amount of $574,094 for LINK
Hendricks County operating expenses including fuel, labor and maintenance. Ms. Lynch also advised this is a matching grant and the state will provide $172,000 of this match. She explained this is a joint venture with
Morgan County and Morgan County has provided their match for this grant. Commissioner Wathen moved to approve the 5311 Grant with INDOT between LINK and Hendricks County for 2010 operating expense and authorize the President to sign on behalf of the Commissioners. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0.
Marcia Lynch explained LINK Hendricks County had been notified they will receive a stimulus grant in the amount of $800,000 including $574,000 for equipment and the remainder of the grant for the storage/;repair building for vehicles to be located near the Sycamore Services building. She stated they would purchase ten vehicles, three for Morgan County and seven for Hendricks County, and that some of these would be replacement vehicles for LINK. IN THE MATTER OF COMMUNITY CORRECTIONS
Todd McCormack, Hendricks County Director Superior Court Adult Probation, made a presentation on
Hendricks County becoming a community corrections county. He presented a handout and explained the ten points for consideration including the State paying the County $485,000 annually. He also gave a brief history of his previous contact with the Department of Corrections (DOC) relative to their policy and management of community corrections facilities and operation. There was discussion of funding, advisory committee appointments, quarterly meetings, and other requirements. Mr. McCormack stated representatives of the
Department of Corrections (DOC) will make a presentation during the November 17, 2009 Commissioners’ meeting and that he will speak to the County Council at their regular meeting on November 12, 2009. IN THE MATTER OF CYPRESS MANOR
James McBryant presented an application for the admission of Ronald G. Newton as a resident of Cypress
Manor and stated he is being referred by Cummings Mental Health. Mr. McBryant stated he had talked with this individual on the phone, however, he had not met with him personally and he was attempting to schedule an appointment for him with a Cummings physician. Commissioner Wathen moved to set up this individual as a resident in Cypress Manor on a month trial basis, subject to an interview with the Cypress Manor Administrator and his appointment with the Cummings doctor. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0.
James McBryant reported he had been contacted by a volunteer who is willing to work to establish a volunteer program to assist with Cypress Manor. IN THE MATTER OF BROWNSBURG LIBRARY
Receipt was acknowledged of a letter from Wanda Pearson, Director Brownsburg Public Library, advising the term of Lugene Yearwood would expire December 31, 2009 and requesting to reappoint her to another four-year term on the Board of Trustees of the Brownsburg Public Library. Commissioner Wathen moved to reappoint Lugene Yearwood to another four-year term on the Brownsburg Library Board of Trustees through
December 31, 2013. Commissioner Whicker seconded the motion and the motion was approved unanimously
2-0-0. Commissioner Wathen moved to recess the Commissioners’ meeting for the Tech Board at 10:30 AM. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0. Commissioner Whicker opened the Tech Board at 10:31 AM with Doug Morris, Systems Administrator joining the meeting. IN THE MATTER OF TECH BOARD
Doug Morris, Systems Administrator, presented a thirty-six month Term Agreement with Orbit Tech to provide AT&T Internet Service for the County. He stated the current charge for this service is $1,641.00 monthly and with this new pricing schedule it would be reduced to a monthly charge of $1,032.15, which is a monthly savings to Hendricks County of $608.85 for this thirty-six month agreement. Mr. Morris clarified there would be no change in our current internet services. Attorney Greg Steuerwald stated he had reviewed the contract. Commissioner Wathen moved to approve the Orbit Term Agreement with AT&T Internet service, based on the recommendation of the IT Director, and authorize the President to sign this three-year contract on behalf of the Commissioners. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0.
Commissioner Wathen moved to adjourn the Tech Board at 10:40 AM. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0. Commissioner Whicker reconvened the Commissioners’ meeting at 10:41 AM. IN THE MATTER OF TOWN OF DANVILLE
Mike Graham reported Gary Eakin, Danville Town Manager, had advised him he has set an executive session with the Danville Town Council to talk about the County’s offer to lease the old town hall space, however, he did not give a timeline. Mr. Graham stated that Mr. Eakin did say he would get back with him. IN THE MATTER OF DANVILLE CHAMBER OF COMMERCE - CHRISTMAS
Mike Graham reported he had talked to Amanda Jensen, Executive Director Danville Chamber of
Commerce, and she informed him their request for the live Nativity to be on the Courthouse lawn will be for only one night, the night of the tree lighting ceremony. Commissioner Whicker moved to deny the request of the Danville Chamber to have a live Nativity on the Courthouse lawn. There was no second and the motion died for lack of a second. Commissioner Wathen moved that based on the fact the Commissioners have been receiving requests and letting all groups and organizations use the Courthouse grounds as long as they do not harm the property that they do the same with this request. There was no second and the motion died for lack of a second. There was no action taken. It was the consensus of the Commissioners to add this item to the
November 10, 2009 agenda. IN THE MATTER OF COURTHOUSE SECURITY
Mike Graham reported Judge Lemay-Luken, Superior Court 5, has asked if the meeting on Courthouse security could be moved to a starting time of noon rather than 1:00 p.m. It was the consensus of the
Commissioners to change the time of the Executive Session on Courthouse security to noon on Tuesday,
December 15, 2009 in the Circuit Court Jury Room, as requested. IN THE MATTER OF HOMELAND SECURITY
Mike Graham presented the UASI (Urban Area Security Initiative) funding proposal for District 5, District
Planning Council (DPC) for Homeland Security and explained the UASI Council composition. He further advised that Steve Cook, Deputy Director of Hendricks County Communications Center, represents Hendricks
County along with David Warren, Hendricks County Emergency Management Director, and Chief Mitny,
Plainfield Police Chief. He summarized the UASI partnership is a regional approach, unified strategy and benefits the entire region. It was the consensus of the Commissioners for Hendricks County to participate in this program IN THE MATTER OF FR-001 AND FR-059
John Ayers presented Change Order No. 1 from Trisler Construction Company for culvert FR-001, located on CR 700S over ditch in Franklin Township, for a reduction of $44,508/.55 as the low bidder is casting the culvert on site per his alternate bid which was accepted and awarded. Commissioner Wathen moved to approve and execute Charge Order No. 1 with Trisler Construction for a reduction of $44,508/50 in the original contract for culvert FR-001 in Franklin Township. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0.
Rich Condre, Crawford, Murphy and Tilly (CMT) gave a brief update on the replacement of culvert FR-059, located on CR 450W over ditch in Franklin Township, and stated they are ready to pave the roadway. IN THE MATTER OF GOVERNMENT CENTER CARPET
John Ayers reported the carpeting in the offices of the Government Center is almost complete and they are ready to start replacing carpet in the hallways and common areas. IN THE MATTER OF STORAGE BOXES
John Ayers explained the large number of used boxes left after the moving of files, equipment and supplies from the various offices during replacement of the carpet in the Government Center. He stated these boxes no longer have any value and requested to let employees take them if they so desired. Commissioner Wathen moved to allow the used moving boxes to be given to employees as the County Engineer has stated they have
“0” value. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged he had no correspondence to present. IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the weekly Highway report for October 26 to October 29, 2009 from Martin
Summers, Highway Superintendent.
Commissioner Whicker advised the original signature page had been provided for the TRAKE Engineering renewal contract for 2010 maintenance on the County Highway fuel system that was approved on October 27,
2009 and that he has signed the document. IN THE MATTER OF COMMUNICATIONS FUNDING
Commissioner Whicker acknowledged receipt of a call on Friday, October 30, 2009 from Senator Connie
Lawson’s office requesting to meet with the Commissioners and Council at 8:30 AM on Tuesday, November
10, 2009 in the Government Center. He noted this meeting is in response to the letter sent to Senator Lawson and all State Representatives representing Hendricks County to discuss funding for the Communications Center.
Commissioner Whicker further stated they had talked with County Surveyor Dave Gaston and he agreed to move the Drainage Board meeting to 9 AM on this date in order for the Commissioners and Council Members to meet with Senator Lawson. IN THE MATTER OF TRANSFERS
The following letters were presented for transfer of funds within the Commissioners’ budget.
$1,000 From 100-32600-000-135: Telephone To 100-32103-000-135: Military Burial
$15,000 From 100-44000-000-135: Equipment To 100-46000-000-135: Special Contracts
$100 From 100-35600-000-135: Liability To 100-33000-000-135: Mileage
$400 From 100-20100-000-135: Office Supplies To 100-21001-000-135: Copy Paper
Commissioner Wathen moved to approve and execute the transfer letters, as presented. Commissioner Whicker seconded the motion and the motion was approved unanimously 2-0-0. IN THE MATTER OF HENDRICKS REGIONAL HEALTH - LUNCHEON
Commissioner Whicker acknowledged receipt of a call from the office of Dennis Dawes advising that the
Board of Trustees for the Hendricks Regional Health met in October and decided to change their November meeting date to Tuesday, November 24, 2009 in order to invite the Commissioners to join them for lunch at noon. It was the consensus of the Commissioners to accept the invitation to join the Board of Trustees of the
Hendricks Regional Health for lunch on Tuesday, November 24, 2009. IN THE MATTER OF REDEVELOPMENT COMMISSION
Commissioner Whicker announced the Redevelopment Commission will meet on at 7 PM on Wednesday,
November 4, 2009 in the Government Center.
Commissioner Wathen moved to adjourn the Commissioners’ meeting at 11:00 AM. Commissioner
Whicker seconded the motion and the motion was approved unanimously 2-0-0.
______David A. Whicker, President
______Phyllis A. Whicker, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
November 10, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, November 10, 2009 with a quorum of all three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor Dr. David Hadley Hendricks County Health Director David Gaston Hendricks County Surveyor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Martin Summers Hendricks County Highway Superintendent Cathy Grindstaff Hendricks County Director Environmental Health Monica Smith Hendricks County Director of Nursing Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. Commissioner Whicker requested a moment of silence be observed for the victims at Ft. Hood in Texas. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of the November 3, 2009 meeting, as corrected.
Commissioner Palmer seconded the motion and the motion was approved 2-0-1 with Commissioners Wathen and Whicker voting aye and Commissioner Palmer abstaining as she did not attend the meeting, however, she stated that she did read the minutes. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #200244 thru 200249, #200250 thru 200268 and #200294 thru 200302, as presented. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. ------IN THE MATTER OF EXIT 59
Commissioner Whicker announced he had talked with Mike Jones, Lauth , and was informed they are working on the easement issue for Exit 59.
Mike Graham presented a draft letter regarding the extension of the water line to the 70 West Commerce Park project at Exit 59. There was discussion of the easement and of the letter with the addition, “except for one remaining easement that we are currently in the process of obtaining”. Commissioner Wathen moved to approve the letter to Paul W. Kite, KS Hendricks PS Partners, LLC, and Glenn Giarardi, Johnson& Johnson Sales and Logistics
Company, regarding to the waterline to the proposed Centerline project with the statement, “except for one remaining easement that we are currently in the process of obtaining” or other language as suggested by attorney Greg Steuerwald. .
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Mike Graham advised he had talked with representatives of Paul Kite and they are working on the suggested perimeter for a document or MOU. It was the consensus of the Commissioners for Mike Graham to continue to work with Paul
Kite representatives to obtain a document relative to development at Exit 59.
IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers reported the State opened bids for the design of the Ronald Reagan Parkway from US Highway
36 to CR 100S last week. He noted the State estimate was $12,200,000 and the low bid from Gradex was under the estimate at approximately $11,230,000. He also stated the State will sign the contract for this phase of
Ronald Reagan Parkway.
John Ayers stated they have completed paving the Ronald Reagan Parkway from US 36 to CR 100N and he will meet with representatives of the Town of Avon for reimbursement of their portion of the paving within the
Town of Avon. Martin Summers stated the striping and shoulders are complete and the contractor did a good job on this portion of the parkway. IN THE MATTER OF JUDICIAL CENTER
John Ayers stated the Advisory Committee for the judicial center met for their final meeting last week and they will present their study to the joint Commissioners and Council meeting on December 10, 2009. IN THE MATTER OF BRIDGE NO. 188
John Ayers reported they set the beams for Bridge No. 188, located on CR “0” just south of CR 800S in
Liberty Township, last week and they are on schedule with this bridge project. IN THE MATTER OF HIGHWAY BIDS FOR 2010 SUPPLIES
John Ayers acknowledged receipt of the bids opened on October 27, 2009 for the 2010 calendar year
Highway supplies and stated he and Martin Summers had reviewed all the bids. He presented a summary of items bid and items quoted with recommendations for awarding the bids as follows:
FUEL Unleaded Gasoline Co-Alliance $2.046 gal. Diesel Fuel Co-Alliance $2.171 gal Winterized Diesel Pinkerton Fuels $2.2220 gal
STONE Lincoln Park Stone Primary for Crushed Stone US Aggregates Fill Sand and Pea Gravel
PIPE - GALVANIZED (Award bid to all due to range of items) Metal Culverts, Inc. St. Regis Culvert, Inc. CPI Supply
PIPE - ALUMINIZED (Award bid to all due to range of items) Metal Culverts, Inc. St. Regis Culvert, Inc. CPI Supply
PIPE – PVC (Award bid to all due to range of items) St. Regis Culvert, Inc. CPI Supply HD Supply Waterworks
ASPHALT HMA Intermediate, Type A, F.O.B. Milestone $ 46.50 HMA Surface, Type A, F.O.B. Milestone $ 56.00 HMA Intermediate, Type A, paver laid Milestone $ 37.58 HMA Surface, Type A, paver laid Milestone $ 42.58 Cold Mix Milestone $ 92.50 Liquid Asphalt AE-60 applied Milestone $573.00 Liquid Asphalt AD-60 F.O.B. Asphalt Materials $420.00
Regarding items that were quoted, the following vendors were recommended:
SIGNS Hall Signs Primary on traffic signs Sign posts Stello Secondary on traffic signs, when ordered in quantity
TIRES (Award bid to all due to range of items) Pomp’s Tire Indy Tire Sullivan’s Tire
OIL AND LIBRICANTS (Award bid to all due to range of items) NAPA Jackson Oil
Commissioner Wathen moved to approve and award the bids and quotes for 2010 Highway supplies as recommended by the County Engineering and the County Highway Superintendent. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Martin Summers stated he plans to meet with the bidders to discuss bid comparisons. IN THE MATTER OF NURSING HEALTH – H1N1
Monica Smith presented a Service Agreement for VNS (Visiting Nurse Service) to Staff the H1N1
Immunizations, if needed. It was noted the contract has been emailed to Greg Steuerwald and Rich Jensen for their review and comment. Greg Steuerwald stated this contract was acceptable. Ms. Smith stated they will not use this service unless necessary, but they wanted to be prepared with a back-up plan in order to provide all vaccinations of the H1N1, if necessary. It was noted the signature page was incorrect. Commissioner Palmer moved to approve the Service Agreement for VNS to staff for H1N1 immunizations between Visiting Nurse
Service, Inc. and Hendricks County Health Department Nursing Division for assistance in providing immunizations, if needed, and authorize the President to sign on behalf of the Commissioners when a corrected signature page is provided. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF GIS
Mike Graham introduced Andrew Harrison of the Schneider Corporation, to provide the Beacon contract for the County GIS. Mr. Graham stated this contract with Schneider Corporation was approved on November 3,
2009. Commissioner Wathen moved to approve execution of the Beacon contract with Schneider Corporation for the County GIS, based on action taken by the Commissioners on November 3, 2009. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF TATTOO ORDINANCE
Cathy Grindstaff requested consideration of an ordinance relating to tattoos, piercing and body modification for Hendricks County. Dr. David Hadley explained a call he had received from the Health Director of Allen
County and some problems they had encountered with this type of body works in their county without an ordinance. Ms. Grindstaff stated that we currently have a few permanent establishments within the County for tattoos, however, there are several mobile and temporary establishments that do more than tattoos and body piercing that are not covered and presented a summary of a proposed ordinance. It was the consensus of the
Commissioners for the Health Department to provide a draft ordinance for tattoos, body piercing and body modification for review in two weeks for further consideration on November 24, 2009. IN THE MATTER OF CLEAN WATER
Surveyor David Gaston presented a Memorandum of Agreement regarding Cooperation and Coordination of Implementing 327 AC 15-13 (Rule 13) within Hendricks County between Hendricks County (through the
Hendricks County Partnership for Water Quality) and the Town of Avon, Indiana and stated Avon Town
Council President, Gregory A. Zupan, had already signed the document. He explained this agreement has already been approved for the other large towns of Brownsburg, Danville and Plainfield. Commissioner
Wathen moved to approve the agreement with Avon for Rule 13 and authorize the President to sign on behalf of the Commissioners. Commissioner Palmer seconded the motion and the motion was approved unanimously
3-0-0. IN THE MATTER OF TOWN OF DANVILLE - BUILDINGS
Mike Graham reported The Danville Town Council is having an executive session to talk about selling the old Town Hall to the County and Town Manager Gary Eakin has asked for a letter from the County stating our interest in acquiring the property. Mr. Graham explained that after talking primarily with Larry Hesson, we wanted to see if Danville would be interested in establishing a present day value and the County acquiring the property with one lump sum payment. He presented a draft letter that makes an offer to acquire the old Town
Hall, but it does not make a commitment about keeping the Courthouse downtown. He further stated that regardless of the eventual location of the Courthouse there is an immediate need to address the current space problems of the Courthouse and we now have an opportunity to address the current problem. Commissioner
Whicker moved to purchase the Danville property for an amount of $300,000 without a commitment to keeping the Courthouse downtown. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. It was the consensus of the Commissioners to make the suggested changes in the letter and authorize the President to sign the revised letter on behalf of the Commissioners. IN THE MATTER OF SOUTHPARK COURT
Mike Graham relayed a message from citizens requesting a new street sign for Southpark Court, which is a private street, located south of I-70, off of SR 267, and.25 mile west of CR 825E in Guilford Township.
Current policy does not allow the County Highway Department to put in a street sign on a private street.
Recently we have corrected the street addresses on Southpark Court and have caused a great inconvenience to the property owners. The citizens have asked for a new street sign that would cost approximately $60. It was the consensus of the Commissioners to purchase and pay for the street sign for Southpark Court because of the address changers. IN THE MATTER OF CHRISTMAS LIGHTING IN DANVILLE
Mike Graham acknowledged the Danville Chamber of Commerce had made a previous request to use the
Courthouse lawn for a live nativity the evening they do their lighting of the Christmas lights in Danville and stated the Chamber has now withdrawn that request. IN THE MATTER OF STORAGE
John Ayers reported that with the previous decision to remove the storage building at the East Campus there is need to find alternative storage space and provided a quote for rental space from Tim Whicker for property owned by Whicker Plus. Commissioner Whicker withdrew himself for any discussion of this matter.
Commissioner Wathen requested to obtain the price of a new storage building that could be built at the East
Campus. It was the consensus of the Commissioners for the County Engineer to obtain quotes for a pole barn to be used for storage at the East Campus. IN THE MATTER OF SNOW REMOVAL
John Ayers presented an Inter Governmental Agreement with the Town of Avon for snow removal on the
Ronald Reagan Parkway and stated he would give to Attorney Greg Steuerwald for his review and to then bring back for further consideration. IN THE MATTER OF EXECUTIVE SESSION
John Ayers stated there would be an executive session at 11:00 AM today in the Government Center with
Attorney Dan Zielinski to discuss property. It was noted the agenda has been duly posted. IN THE MATTER OF GOVERNMENT CENTER
John Ayers gave a brief update on the replacement of carpet in the Government Center stating that all offices are completed and they are now working on the hallways and rotunda.
John Ayers stated he will meet today with the contractor for replacement of windows in the Government
Center to resolve some issues. IN THE MATTER OF HEARTLAND CROSSING - BONDS
Mike Graham presented a request from Attorney Bruce Donaldson, Barnes & Thornburg, for a resolution of the Board of Commissioners of Hendricks County approving the issuance of bonds of the Hendricks County
Redevelopment District. He explained this is the refinancing of the TIF bonds for Heartland Crossing that has been approved by the Hendricks County Redevelopment Commission. Commissioner Wathen moved to approve and execute the Resolution of the Board of Commissioners of Hendricks County approving the issuance of bonds of the Hendricks County Redevelopment District as Resolution 09-15. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF BROWNSBURG PUBLIC LIBRARY
Commissioner Whicker acknowledged receipt of the appointment form from the Brownsburg Public Library and stated that the Commissioners previously appointed Lugene Yearwood to another four-year term on the
Board of Trustees of the Brownsburg Public Library Board. Commissioner Wathen moved to authorize the
President to sign the appointment form for the appointment to the Brownsburg Public Library Board of Trustees as was approved on November 3, 2009. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF FARM SERVICE AGENCY
Receipt was acknowledged of the Farm Service Agency (FSA) County Committee Election Ballot listing one candidate, J. Michael Ross. Commissioner Wathen moved to cast our vote for J. Michael Ross for the FSA and return. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
IN THE MATTER OF FORT HOOD
Commissioner Whicker announced that flags at all County buildings are flying at half staff in memory of those soldiers that lost their lives at Fort Hood this week. IN THE MATTER OF IACC - LUNCH
Commissioner Whicker acknowledged receipt of a luncheon invitation from the Hamilton County
Commissioners for noon on Wednesday, December 2, 2009, during the Indiana Association of County
Commissioners (IACC) Annual Conference in Indianapolis, IN. All three Commissioners agreed to attend the luncheon with the Hamilton County Commissioners. IN THE MATTER OF HENDRICKS REGIONAL HEALTH
Commissioner Whicker acknowledged reservations had been confirmed with the Board of Trustees of the
Hendricks Regional Health for the Commissioners to join them for lunch at noon on Tuesday, November 24,
2009 at the hospital in Conference Room #6. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. Hendricks/Putnam County FS Committee Ballot, Mike Ross, North Salem is the nominee. 2. Report from Dyer Environmental Services Early Coordination for Replacement/Rehabilitation of Hendricks Co. Bridge #272 on CR 550 West over CSX Railroad. 3. Nominations for Indiana Partnership for Transportation Quality Achievement Awards are due January 8, 2010.
Action needed/taken on the following:
1. Checks received and signed to the county: a. CC Holdings GS V LLC Tower Lease $6.44 b. CC Holdings GS V LLC Tower Lease $6.44 c. CC Holdings GS V LLC Tower Lease $6.44
2. Whicker signed vehicle titles for the following: a. 2006 Chevrolet Impala Sheriff’s Department b. 2006 Chevrolet Impala Sheriff’s Department
3. Documents needing action: None IN THE MATTER OF FUNDING OF COMMUNICATIONS CENTER
Commissioner Whicker announced the Commissioners and Council had met at 8:30 AM this morning in
Room #3 of the Hendricks County Government Center with Senator Connie Lawson to discuss funding of the
Communications Center with the use of LOIT (Local Optional Income Tax) and other funding options. IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the weekly Highway report for November 2 to November 6, 2009 from
Martin Summers, Highway Superintendent. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the weekly Human Resources report for November 9 to November 13, 2009 from Ron Love, Human Resources Director. IN THE MATTER OF PLANNING
Receipt was acknowledged of the October 28, 2009 monthly Report of Collections from Don Reitz, Planning
Director. IN THE MATTER OF VETERANS DAY
Commissioner Whicker announced all County offices will be closed on Wednesday, November 11, 2009
in observance of Veterans Day and that Lori Turpin, Chief Veterans Affairs Officer, has planned a program recognizing our veterans on November 11, 2009 in the Courthouse Rotunda at 11:00 AM. IN THE MATTER OF CHRISTMAS LUNCHEON
Commissioner Whicker stated that Sandy Moore had agreed to again cater the Employee Christmas
Luncheon at noon on Thursday, December 24, 2009 in the 4-H Conference Complex.
Commissioner Wathen moved to adjourn the Commissioners’ meeting at 10:55 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
November 10, 2009
The Hendricks County Board of Commissioners and County Council met in a joint session on Thursday, November 10, 2009 at 8:30 AM in Meeting Room #3 on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Larry Hesson ) Phyllis A. Palmer ) Hendricks County Commissioners Richard Thompson ) Eric L. Wathen ) Brad Whicker ) Council Greg Steuerwald State Representative District 40 Nancy C. Johnson ) Cinda Kattau Hendricks County Auditor Jay Puckett ) Michael E. Graham Administrator to Commissioners Gary Eakin Danville Town Manager Amy Roberts Danville Town Clerk/Treasurer Larry Brinker Executive Director Communications Center Robin Brandgard President Communications Governing Board Wes Bennett Plainfield Clerk Treasurer
David Whicker opened the Commissioners’ Meeting with a quorum of all three Commissioners present.
Larry Hesson opened the Council Meeting with a quorum of five Council members present.
Davie Whicker introduced Senator Connie Lawson. There was discussion of funding for the Hendricks County
Communications Center and possible changes in the LOIT (Local Option Income Tax) in order to use this tax to fund the Communications Center.
Senator Lawson requested a summary of pros and cons be provided along with costs of possible funding options.
The meeting adjourned at 9:20 AM.
______David A. Whicker, President Larry Hesson, President
______Phyllis Palmer, Vice President Dick Thompson, Vice President
______Eric Wathen, Member Myron Anderson, Member
______Cinda Kattau, Auditor Nathaniel Woods, Member
______Judith Wyeth, Deputy Auditor Brad Whicker, Member
______Nancy G. Johnson, Member
______Jay Puckett, Member
November 17, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, November 17, 2009 with a quorum of all three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Larry Hesson ) Eric L. Wathen ) Richard Thompson ) Council Gregory E. Steuerwald Hendricks County Attorney Nancy Johnson ) Cinda Kattau Hendricks County Auditor Judge Mark Smith Hendricks County Superior Court 4 David Gaston Hendricks County Surveyor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Todd McCormack Hendricks County Adult Probation Director James McBryant Administrator Cypress Manor Bridgett Collins Hendricks County Work Release Administrator Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of the November 10, 2009 meeting, as corrected.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #101016 thru 101135 and direct deposit #053409 thru
053808, as presented. Commissioner Palmer seconded the motion and the motion was approved unanimously
3-0-0. IN THE MATTER OF EXIT 59
Commissioner Wathen explained the proposed developer at Exit 59 has advised that Centerline may sign a contract to purchase the land this week and we will then need to start the water line at Exit 59.
Mike Graham advised he had received no response from representatives of the Paul Kite Company regarding the MOU for their proposed development at Exit 59.
Commissioner Whicker announced American Structurepoint advised the Regional Sewer Board during their meeting this morning the substantial completion of the sewer line at Exit 59 is November 30, 2009 with the final completion date of January 8, 2010.
John Ayers presented a final change order with Gradex for the Westpoint Business Park roadway for an addition of $5,579.42. Rich Condre of Crawford Murphy & Tilly (CMT), explained this change order.
Commissioner Wathen moved to approve the change order for the Westpoint Business Park project at Exit 59 for an additional cost of $5,579.42, as recommended by the County Engineer. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers advised he will meet this week with representatives of American Structurepoint relative to the bid for the bridge over the CSX tracks on the Ronald Reagan Parkway.
John Ayers stated Milestone will divide the bill for the repaving of the Ronald Reagan Parkway from US
Highway 36 to CR 100N for the respective entities for their portion of the road and he will then forward the bill to Avon for their portion.
John Ayers presented the fee proposal for engineering services for the Ronald Reagan Parkway from CR
200S to CR 100S for the total not to exceed $525,300 with Crossroad Engineers and to allow the right-of-way services with Beam, Longest & Neff. Mr. Ayers explained if this contract is approved it will be forwarded to
INDOT for their final approval. It was the consensus of the Commissioners to approve the funding for the
Ronald Reagan Parkway from CR 200S to CR 100S with Crossroads Engineering, not to exceed $525,300,
and forward to INDOT. Mr. Ayers also advised that this is a federally funded project, however, the County will pay 20%. IN THE MATTER OF JUDICIAL CENTER
John Ayers stated the Advisory Committee report for the judicial center will be presented at the joint
Commissioners and Council meeting on December 10, 2009 at 3:30 PM in the Government Center. IN THE MATTER OF DEPARTMENT OF CORRECTIONS
Todd McCormack introduced Michael Lloyd, Director or Transitional Facilities and Community Based
Program, and Randy Koester of the Indiana Department of Corrections. Mr. Lloyd distributed a handout on
Implementing Community Corrections in Hendricks County and gave the IDOC admissions from Hendricks
County, referenced IC 11-12-2-1, explained the grant allocation process, funding 2009-2010, contract language additions, Hendricks County allocation, agency requirements to IDOC, Community Transition Program (CTP) and the IDOC Community Corrections. Mr. Koester explained the home detention practices. There was discussion of the advisory board composition and responsibilities of this 18 member board. Bridgett Collins and Todd McCormack explained the current practices of the Hendricks County Work Release Center and of the probation departments. Mr. Lloyd stated there are 74 counties in Indiana that are currently Community
Corrections Counties with two additional counties in the final process of becoming one and that nine other counties have expressed an interest in becoming a Community Corrections County. There was discussion of the funding, requirements and procedures. It was the consensus of the Commissioners to add discussion of the
Community Corrections to the December 10, 2009 agenda for the joint Commissioners and Council meeting. IN THE MATTER OF TATTOO ORDINANCE
Commissioner Whicker announced Cathy Grindstaff and Dr. Hadley will bring a draft ordinance for tattoo and body work for consideration on November 24, 2009. Commissioner Palmer moved to recess the Commissioners’ meeting for the Tech Board at 10:32 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker opened the Tech Board at 10:33 AM. IN THE MATTER OF TECH BOARD
Commissioner Whicker opened the Tech Board and reported he had received word from Doug Morris,
Systems Administrator, they had nothing to bring before the Tech Board today. Commissioner Palmer moved to adjourn the Tech Board at 10:34 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker reconvened the Commissioners’ meeting at 10:35 AM. IN THE MATTER OF FUNDING COMMUNICATIONS CENTER
Mike Graham reported that when the Commissioners and Council met with Senator Lawson and
Representative Steuerwald on November 10, 2009 we made a commitment to provide them with a list of the proposed funding options and the pros and cons of the various options. Also, it would be very appropriate to include the projected revenues and the impact on the taxpayers. He stated they mentioned at the meeting we could delegate this assignment to Larry Brinker, however Mr. Brinker is not very comfortable about providing financial projections and recommended we hire Greg Guerrettaz, Financial Solutions Group (FSG), to prepare a report on the various funding options. Mr. Graham stated the County hiring FSG would be quicker than the
Governing Board of the Communications Center because not all the participating units use the Financial
Solutions Group and there would be the need to establish a committee and to obtain a request for proposals, which would create a substantial time delay. He requested the Commissioners authorize the expenditure of
$1,500 from their Special Contracts account to hire FSG and to get the options summary done. Commissioner
Wathen moved to hire FSG to do the study for funding options of the Communications Center, to study the
LOIT and the assessment of property tax and to fund this study from the Special Contracts line in the
Commissioners’ 2009 budget. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF VEHICLE MAINTENANCE
Mike Graham reported he had briefed the Council about the proposal to have the Civilian Fleet maintained by the Sheriff’s garage and they expressed their concern that we have a serious lack of management when it comes to the civilian fleet and we need to address the problem. He stated to implement the recommendation we would need to hire another part time certified mechanic and explained the concept would be to transfer
$15,000 out of the Commissioners’ 2010 vehicle maintenance budget to a new line item in the Sheriff’s
Department budget for a mechanic. Mr. Graham stated the Commissioners’ 2010 vehicle maintenance budget
is $30,000. Commissioner Wathen moved to transfer $15,000 from the Commissioners’ 2010 vehicle maintenance line to the Sheriff’s budget to allow the Sheriff to hire a part-time mechanic to service the Civilian
Fleet. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF VOUNTARY UNPAID LEAVE
Mike Graham reported Judge Lemay-Luken, Superior Court 5, has suggested the County establish a voluntary unpaid leave policy as she read a newspaper article that the State of Indiana has established a voluntary unpaid leave policy that allows an employee up to one month off without pay. During the leave the employee’s benefits would continue. He also stated the leave would have to be approved by the department head and consideration of work load would be the primary factor in making a determination. Mr. Graham inquired if the Commissioners would want staff to evaluate establishing a voluntary unpaid leave policy for
Hendricks County? It was the consensus of the Commissioners for Mike Graham to borrow the state policy and bring back for further consideration. IN THE MATTER OF PROPERTY CASUALTY INSURANCE
Mike Graham advised that we have received inquiries from two insurance companies regarding property and casualty coverage for the County. He reported the general statements from the agents are we need to go with their company to save money, however, while receiving competitive quotes is necessary to insure a reasonable cost of insurance the complexity of doing a fair and balanced evaluation is difficult. Mr. Graham stated there is pressure from a vendor to evaluate proposals and make a decision before the renewals take place in December of this year, but he did not feel this timeline is reasonable. He further stated that insurance is expensive and we do not have a practical method of assessing our costs without occasionally obtaining quotes and asked the
Commissioners if they would want to pursue an evaluation of the cost of our property and casualty insurance and if so when they would want to do it? It was the consensus of the Commissioners to give consideration to
County liability insurance in mid 2010 for the 2011 insurance. IN THE MATTER OF LINK
It was noted Marcia Lynch, Sycamore Services, had delivered to the Commissioners the contract of the
Transportation Equipment Sales Corporation (TESCO) for the first purchase from the federal stimulus funds for one 2009 Ford Chassis van in the amount of $40,906 for LINK Hendricks County. Ms. Lynch left word that this action was previously approved, however, since the vehicles are titled to the Hendricks County Board of
Commissioners they must each be signed by the Commissioners. Greg Steuerwald stated he had reviewed this contract. Commissioner Palmer moved to approve the contract with TESCO for a new vehicle for LINK and authorize the President to sign on behalf of the Commissioners. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF SNOW REMOVAL CONTRACTORS
Receipt was acknowledged of the signed snow removal contract for the 2009-2010 snow season from Martin
Summers, Jr. and the signed contract for the 2009-2010 snow season from Theodore R. Frazier with his Proof of Insurance from Farm Bureau Insurance. Commissioner Palmer moved to approve and sign the contracts for snow removal for the 2009-2010 snow season with Mr. Frazier and with Mr. Summers, subject to receipt of the
Proof of Insurance from Mr. Summers. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Mr. Summers Proof of Insurance from Farm Bureau Insurance was presented at the end of the meeting. IN THE MATTER OF B&O TRAIL
John Ayers advised that INDOT had found several corrections needed to the plans for the B&O Trail including signatures of the Commissioners. He stated they are working with INDOT and CSX on issues and believes they have resolved the title insurance matter. He also advised he has been informed this may be set for a February 2010 letting. Mr. Ayers stated they have received 12 proposals for the Construction Inspection.
Commissioner Wathen volunteered to serve on the evaluation review committee for this project. Commissioner
Wathen moved to approve signing the signature page of the plans for the B&O Trail. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF THE EAST CAMPUS ROAD
John Ayers stated the Commissioners approved the contract with Central Engineering for the East Campus
Road on September 22, 2009, however, they did not have the contract to sign and presented the contract.
Commissioner Wathen moved to sign the previously approved contract with Central Engineering and
Construction for the East Campus Road. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF BIDS FOR HIGHWAY 2010 SUPPLIES
John Ayers presented the various contracts for the awarded bids for highway 2010 supplies that required signatures. It was the consensus of the Commissioners to sign the previously awarded bids for Highway supplies for the year 2010. IN THE MATTER OF MI-006 & MI-007
John Ayers gave an update on culverts MI-006 and MI-007, located on CR 500E in Middle Township, and stated they will open this week. IN THE MATTER OF BRIDGE NO. 188
John Ayers reported they have poured the deck for Bridge No. 188, located on CR 0 south of US 40, and work is on schedule. IN THE MATTER OF FR-059
John Ayers advised that Culvert FR-059, located in Franklin Township on CR 450W, has been poured and is now open for traffic. IN THE MATTER OF STIMULUS CONSERVATION ENERGY GRANT
John Ayers announced the County has been awarded a $546,900 stimulus conservation energy grant and these funds have been deposited in the County account. He stated he will come back with recommendations for the use of these funds to conserve energy in the Courthouse. Mr. Ayers also stated he will talk with representatives of AMERESCO for recommendations. IN THE MATTER OF STORAGE
John Ayers responded to the Commissioners’ request last week to obtain quotes for a storage building to be placed on the East Campus. He reported last week the rental of storage space was $23,000 annually and at the direction of the Commissioners he has now received a quote for a new pole barn of $80,000. It was the consensus of the Commissioners to add discussion of a pole barn to the November 24, 2009 agenda for further discussion. IN THE MATTER OF CYPRESS MANOR
James Mc Bryant presented an application for Catherine B. Cryderman for residency at Cypress Manor and gave a brief history of this individual who had been a former resident of Cypress Manor. Commissioner Palmer moved that based on the recommendation of Mr. McBryant to approve this applicant as a resident of Cypress
Manor. Commissioner Whicker seconded the motion and the motion was approved 2-1-0 with Commissioners
Palmer and Whicker voting aye and Commissioner Wathen voting nay.
James McBryant presented an application for Allen B. Thomas as a resident of Cypress Manor and explained this applicant was referred as a temporary resident by the Center Township Trustee, subject to approval for permanent residency by the Commissioners and explained he would be private pay. Commissioner Palmer moved to approve Mr. Thomas as a resident of Cypress Manor. Commissioner Whicker seconded the motion and the motion was approved unanimously 3-0-0.
James McBryant advised that there are some volunteers working to set up a volunteer program to help at
Cypress Manor. IN THE MATTER OF COATESVILLE CLAY TOWNSHIP LIBRARY
Receipt was acknowledged of a request from Cheryl Myers Steinborn, Library Director of the Coatesville
Clay Township Public Library, for an appointment to the Library Board of Trustees. Ms. Steinborn stated the term of Judy Dunlap will expire on December 31, 2009 and requested that Ms. Dunlap be reappointed for another four-year term. She stated that Judy Dunlap has been a member of the library board for 8 years.
Commissioner Wathen moved to appoint Judy Dunlap to another four-year term, on the Coatesville Clay
Township Public Library Board of Trustees, through December 31, 2013. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF GOVERNMENTAL INTERINSURANCE EXCHANGE ADVISORY COMMITTEE
Commissioner Whicker acknowledged receipt of the Notice of Qualified Nominees and Ballot for the election of a member of the 2010-1013 Advisory Committee of Governmental Interinsurance Exchange and read the names and qualifications of the five qualified nominees listed: William J. Schmitt of the City of Jasper,
Indiana; Randall Crocker of Franklin County, Illinois; Pat Hartshorn of Vermillion County, Illinois; Jeff Trout of the Town of Chesterton, Indiana; and Kevin Woodward of Wells County, Indiana. Commissioner Whicker stated that Mr. Woodward is currently a Wells County Commissioner. Commissioner Wathen moved to cast the Hendricks County vote for Kevin Woodward of Wells County for GIE Advisory Committee for 2010 thru
2013 and authorize the President to sign. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF TRANSFER LETTERS
Commissioner Whicker acknowledged the following two transfer letters for funds within the
Commissioners’ 2009 budget:
Transfer $1,000 from 100-35600-000-135: Liability to 100-35500-000-135: Official Bonds
Transfer $1,000 from 100-35600-000-135:Liability to 100-32103-000-135: Military Burial
Commissioner Palmer moved to approve and execute the two transfer letters of $1,000 from 100-35600-
000-135: Liability to 100-35500-000-135: Official Bonds and $1,000 from 100-35600-000-135:Liability to 100-32103-000-135: Military Burial. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLEAN WATER
Surveyor David Gaston presented the September 22, 2008 IDEM final Audit/Inspection Report for construction run-off minimum control measures (MCM) for the years 2003 thru 2008 for the Clean Water
Department. IN THE MATTER OF EXECUTIVE SESSION
Commissioner Whicker read the following memo to file relative to the 11:00 AM Executive Session of
Tuesday, November 10, 2009: M E M O
TO: File DATE: August 25, 2009
We hereby certify that the only matter discussed during the Hendricks Board of Commissioners Executive Session on this date, duly published by means of the posted Agenda, was the only item listed on said Agenda and no final action was taken.
Hendricks County Board of Commissioners
David A. Whicker, President Phyllis A. Palmer, Vice President Eric L. Wathen, Member IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. Town of Avon Christmas Open House, Tuesday, December 1, 2009, 6:00 p.m. – 8:00 p.m. 2. Indiana Wireless 9-1-1 2009 Annual PSAP Meeting, Wednesday, December 9, 2009, Holiday Inn at the Pyramids, Indianapolis, 11:15 a.m. with registration, lunch and program. 3. Parsons, Cunningham and Shartle Engineers open house, Thursday, November 19, 2009, 4:00 p.m.-6:00 p.m. 1924 S. Dan Jones Road, Avon, IN. 4. Governmental Insurance Exchange, Notice of Qualified Nominees and Ballot for the 2010-2013 Advisory Committee of Governmental Interinsurance Exchange
Action needed/taken on the following:
1. Checks received and signed to the county: None
2. Whicker signed vehicle titles for the following: None
3. Documents needing action:
a. Title work for vehicles purchased by Sycamore Services with grants. This needs the signature of a commissioner. IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the November 9 thru November 13, 2009 Highway report from Martin
Summers, Highway Superintendent.
John Ayers announced 53 resumes had been received for the position of Hendricks County Highway
Superintendent and stated they will start the process to review and interview these individuals. He stated Ron
Love, Mike Graham and he will conduct this process. Commissioner Wathen volunteered to serve on this review and interview process. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the November 9 - November 13, 2009 Human Resources report from Ron
Love, Human Resources Director. IN THE MATTER OF TORT CLAIM - CORREA
Receipt was acknowledged of a Tort Claim from Nunn Law Office on behalf of Edwin Correa for incident of September 19, 2009 that involved a vehicle and a bicyclist on US 40, within the limits of the Town of
Plainfield. It was noted the original has been hand delivered to Rich Jensen and a copy faxed to Greg
Steuerwald.
IN THE MATTER OF TORT CLAIM - CURRY
Receipt was acknowledged of a Tort Claim from Nunn Law Office on behalf of Crystal Curry for incident of June 13, 2009 involving a vehicle that was rear-ended causing a chain reaction involving three vehicles at the intersection of US Highway 40 and Vestal Road, within the limits of the Town of Plainfield. The original has been hand delivered to Rich Jensen and a copy faxed to Greg Steuerwald. IN THE MATTER OF EMPLOYEE CHRISTMAS LUNCHEON
It was noted there have been several staff inquiries if employees will be given the remainder of the day off following the Employee Christmas Luncheon on Thursday, December 24, 2009. It was the consensus of the
Commissioners that it would be at the discretion of each Elected Official/Department Head if their staff should have the remainder of the day off following the Employee Christmas Luncheon on Thursday, December 24,
2009. It was noted that all County offices would be closed on Friday, December 25, 2009 to observe Christmas. IN THE MATTER OF VETERANS’ DAY
Commissioner Palmer complimented Lori Turpin, Chief Veterans’ Affairs Officer, on the outstanding program she presented on Veterans’ Day, November 11, 2009 in the Courthouse Rotunda at 11:00 AM. She also complimented the Danville Community High School choir on their musical presentation. IN THE MATTER OF PRESIDENT’S CLUB
Commissioner Palmer stated she had attended the President’s Club at Avon Schools and announced they will have the new academy open in January 2010.
Commissioner Wathen moved to adjourn the Commissioners’ meeting at 11:55 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
November 24, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, November 24, 2009, with a quorum of all three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor Paul T. Hardin Hendricks County Recorder John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Dr. David Hadley Hendricks County Health Director Cathy Grindstaff Hendricks County Environmental Health Director Larry Crowder Hendricks County Environmental Health Department Julie Haan Hendricks County Environmental Health Team James McBryant Administrator Cypress Manor Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF WHITE LICK CREEK STREAMBANK BIDS
Commissioner Whicker announced Notice to Bidders has been duly advertised for 9:30 AM for the
Hendricks County White Lick Creek EWP Streambank Stabilization Project for the Nitu property in White Lick
Creek, located on CR 700N and west of SR 267 in Brown Township. Commissioner Wathen moved to close bids for the White Lick Creek EWP Streambank Stabilization Project. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
John Ayers opened and read the six bids received for this project:
CLR, Inc. $ 243.410.00 Yardberry Land Services $ 207,140.00 George Harvey & Sons $ 186,380.00 JDH Contracting $ 122,450.00 Dollick Construction $ 185,000.00 JF News $ 139,752.00
Mr. Ayers requested to review these bids and bring back a recommendation in two weeks. It was the consensus of the Commissioners for the County Engineer to review the six bids and bring back a recommendation on
December 8, 2009. IN THE MATTER OF DUKE ENERGY
Bart Beal, Duke Energy, introduced Steve Bahr as the new Area Manager of Community Relations and
Economic Development for Duke Energy. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of the November 17, 2009 meeting, as corrected.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #299304 thru 200611, #200613 thru 200617, #200618 thru 200638, #200639 thru 200641, #10140 thru 101264 and Direct Deposit #053809 thru 054209, as submitted. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Wathen announced Centerline has closed on the land purchase for their project at Exit 59.
Commissioner Wathen stated they are working with Lauth on the easement for the water line at Exit 59.
Commissioner Whicker advised they are continuing to work with Kite on their MOU.
Mike Graham reported that as a part of the incentives for Project Centerline the Indiana Economic
Development Corporation has agreed to award Hendricks County a $300,000 infrastructure grant that would be applied to the construction of public infrastructure. He stated he was in the process of filling out the grant application and the Commissioners will need to provide approval of the grant application. Commissioner
Wathen moved to approve the grant application and authorize the President to sign on behalf of the
Commissioners for the Exit 59 project. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Mike Graham advised we have not secured the water easement from Lauth. He stated it appears that Project
Centerline is coming to town and last week Project Centerline signed the acceptance agreement for the
State’s incentive package with the Indiana Economic Development Corporation and stressed the need for obtaining the water utility easement is critical. Mr. Graham explained that when we first talked to Lauth about the need for the water easement through Westpoint Business Park they asked if we would waive the reimbursement fee for them to connect to the water line and we told them no. He also stated in the MOU between Hendricks County and Lauth, we clearly have the right to obtain the easement at no cost. However, the time delay to go through the legal process will cause of significant problem with timing on the installation of the water service. Commissioner Wathen moved as part of the negotiations for the water line we may, as a last resort, agree to waive reimbursement fee for Lauth for connection to the water line. Commissioner
Whicker seconded the motion. There was discussion of working with Lauth on this project. Commissioner
Wathen withdrew his motion. Commissioner Whicker withdrew his second. It was the consensus of the
Commissioners for Commissioner Whicker and Mike Graham to negotiate the easement with Lauth and possibly include the waiver of the fee. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers advised that INDOT has awarded the construction contract to Gradex for the portion of the
Ronald Reagan Parkway from US 36 to CR 100S and stated he will meet with representatives today on this contract.
Commissioner Wathen stated he had talked with Avon Town Manager, Tom Klein, and Mr. Klein requested for the Town of Avon to have some input in the Ronald Reagan Parkway project that is within the Town of
Avon during the design phase. Commissioner Wathen stated he would talk with Greg Zusan, Avon Town
Council, on this request.
Commissioner Wathen inquired the status of a signal light at US 136 and the Ronald Reagan Connector
Road. John Ayers stated that INDOT is looking at different lanes to help with traffic at this intersection due to the cost involved.
IN THE MATTER OF JUDICIAL CENTER
John Ayers advised the Advisory Committee for the judicial center will make a presentation to the joint
Commissioners and Council meeting on Thursday, December 10, 2009 at 3:30 PM in the Government Center. IN THE MATTER OF LINK – VANS
Marcia Lynch, Director of Community Affairs for Sycamore Services, presented the Vehicle Lease
Agreement for the Hendricks County Commissioners to agree to lease vehicles acquired under Federal program
5311 or 5310 and titled to the Hendricks County Commissioners, for operation as public transit vehicles and agree to lease said vehicles to Sycamore Rehabilitation Services, Inc. for $1.00 per vehicle per year. Ms. Lynch stated this lease is for the first vehicle, a 2009 Ford Chassis Goshen Pacer, they have purchased from the federal stimulus funds and presented a Certificate of Liability Insurance with the Old National Insurance for
Sycamore Rehabilitation Service of Hendricks County. Greg Steuerwald stated he has reviewed this contract.
Commissioner Palmer moved to approve the vehicles lease agreement with Sycamore Services and authorize the President to sign on behalf of the Commissioners. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF TATTOO ORDINANCE
Cathy Grindstaff explained the state requirements for tattoo facilities and stated the Hendricks County
Health Department feels that Hendricks County needs more regulations. Dr. Hadley stated he had been contacted by the Allen County Health Director and relayed some of the problems they had encountered as a result of not having a tattoo ordinance in Allen County. There was discussion of the wording, restrictions, enforcement and fees for this ordinance and that input should be gathered from these tattoo establishments. It was the consensus of the Commissioners for the Health Department to proceed to have discussions with the operators of tattoo facilities and to bring back a recommendation. IN THE MATTER OF CYPRESS MANOR
James McBryant presented an application for admission for Jennifer Ann Robertson and gave a brief history of this individual. Commissioner Palmer moved to approve this individual for residency in Cypress Manor, based on the recommendation of Mr. McBryant. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF GIS
Mike Graham presented the renewal for the Authorization to Proceed on Project GIS Professional Service with Schneider for the County GIS system for system support for November 11, 2009 through December 31,
2010 in the amount of $11,000 and stated the Planning Department has funding for this maintenance agreement in their 2009 budget. Commissioner Palmer moved to approve the renewal maintenance agreement for the
County GIS system with Schneider for 2010 to be funded by the Planning Department and authorize the
President to sign on behalf of the Commissioners. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EMPLOYEE HEALTH INSURANCE
Mike Graham presented the Stop Loss 2010 Blanket Critical Care Policy with Zurich and the Symetra Life
Insurance Company that was provided by Jeff Fox, H. J. Spier Company, Inc., for the employee health insurance plan and stated this had been presented and approved by the Insurance Committee. Commissioner
Palmer moved to approve the Stop Loss Contract and authorize the President to sign on behalf of the
Commissioners. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF VIDEO SHOWCASE PROGRAM
Mike Graham explained through the National Association of Counties a company, CGI Communications,
Inc., has offered to provide Hendricks County several custom video programs that can be placed on our web site at no cost to the County because CGI will get Hendricks County companies to be sponsors. The sponsor’s reward is to get a video of their company to be placed on the web site with the County’s videos. There was brief discussion of this program. It was the consensus of the Commissioners to not participate in the Video
Showcase Program. IN THE MATTER OF DANVILLE TOWN HALL PROPERTY
Mike Graham stated the Danville Town Council has met in executive session regarding our negotiation to purchase the old Town Hall and as a result of this session they raised the price of the Town Hall property from
$300,000 to $450,000 and stated their reason for the increase is the County would not provide any assurance that the courthouse would stay downtown.He stated that maybe linking the two decisions together is not in the best interest of the County because the decision about the future location of the judicial center is too far in the future to make a decision now, however, we do have an immediate need to find space for the Prosecutor’s
Office. Mr. Graham also stated that any decision to purchase this property will be subject to the Council appropriating the funds because the Commissioners have no funds to buy the property. Commissioner Palmer recommended to continue looking for additional space for the Prosecutor’s Office. Commissioner Whicker moved to counteroffer the Town of Danville with the same $300,000 offer with no commitment that the judicial center will stay downtown and requested Attorney Greg Steuerwald draw up a purchase agreement for this property. Commissioner Wathen seconded the motion and the motion was approved 2-1-0 with
Commissioners Whicker and Wathen voting aye and Commissioner Palmer voting nay. IN THE MATTER OF ANIMAL CONTROL
Mike Graham explained a volunteer for the animal shelter has distributed candy jars to various businesses as a fund raiser for the Hendricks County Animal Shelter and has provided a candy jar to Camp Bow Wow stating the funds would help pay for sick and injured animals at the Hendricks County Shelter. He stated a representative from Camp Bow Wow called the Hendricks County Animal Shelter and said they have a check for $100 made out to Hendricks County Animal Shelter to help a dog with a broken leg, however, the Animal
Control does not have a dog with a broken leg. Mr. Graham stated this volunteer is placing fund raising candy jars that say Hendricks County Animal Shelter on them, but Hendricks County is not getting the contributions and we would not have known about this activity if Camp Bow Wow had not called because they had a check.
Mr. Graham stated it appears this volunteer is soliciting funds but not giving the contribution back to Hendricks
County. It was the consensus of the Commissioners for Attorney Greg Steuerwald to write this volunteer a letter telling them to stop soliciting funds and to return the candy jars to Mary Ann Lewis, Chief Animal
Control Officer. IN THE MATTER OF CORNERSTONES
Mike Graham reported that he and Dave Whicker met with Willis Parker and County Surveyor Dave Gaston to discuss a concern about the Surveyor’s office digging for cornerstones in roads that have recently been repaved. Dave Gaston explained they try to stay ahead of the resurfacing crews, but often there is not enough time to get the job done as the decisions for selecting which roads get resurfaced takes place in the spring of the year and that does not provide sufficient lead time to get the cornerstones located. Commissioner Wathen stated this matter was discussed this morning during the Drainage Board meeting and it was noted if the planning for road resurfacing could be done earlier it would help to address the problem. John Ayers stated he would get the plans for road resurfacing to the Surveyor well in advance of the repaving IN THE MATTER OF EXTENSION
Receipt was acknowledged of the 2010 Extension Contractual Services Agreement with Purdue University in the amount of $103,790.00 from Scott Foster, 4-H Youth Educator. It was noted this is the annual contract between Hendricks County and Purdue University for the Extension Office. There was discussion if this should be paid in two installments or one. Auditor Cinda Kattau recommended two payments. It was stated Greg
Steuerwald had reviewed this contract. Commissioner Palmer moved to approve and sign the contract with
Purdue University for the Extension and to have the County billed in two installments. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF AVON - SNOW REMOVAL
John Ayers presented an Intergovernmental Cooperation Agreement for the Provision of Snow Removal by the Town of Avon and Hendricks County beginning December 1, 2009 through November 30, 2010, which has been approved and signed by the Avon Town Council. Mr. Ayers explained Exhibit A and Exhibit B listing the roads of the agreement and stated Greg Steuerwald has reviewed this agreement. Commissioner Wathen moved to approve and sign the agreement with the Town of Avon for snow removal from December 1, 2009 through
November 30, 2010. Commissioner Palmer seconded the motion and the motion was approved unanimously
3-0-0. IN THE MATTER OF RAILROAD CROSSINGS
John Ayers advised there is a $30,000 grant for railroad crossings and requested to submit an application for this grant. It was the consensus of the Commissioners for the County Engineer to submit the grant application for railroad crossings. IN THE MATTER OF 56TH STREET
John Ayers advised he had a mediation session with the property owners on 56th Street that are in eminent domain and advised that thanks to our Attorney Dan Zielinski they had resolved issues with three of these cases.
Commissioner Wathen questioned if a 4-way stop should be added at the intersection of CR 1000E and 56th
Street and requested the County Engineer to check this area. IN THE MATTER OF MI-006 AND MI-007
John Ayers announced culverts MI-006 and MI-007, a joint project for culvert removal, bridge construction and channel relocation on C.R. 500E over West Fork of White Lick Creek a/k/a Roseboom Drain, in Middle
Township, has been completed and is now open for traffic. IN THE MATTER OF DANVILLE CHRISTMAS CELEBRATION
John Ayers advised an employee of the Town of Danville had requested a key to the Courthouse from a member of his staff and questioned if permission was requested or approval granted for the Town of Danville to use the Courthouse for their Christmas activities during their Lighting of the Christmas Lights celebration on
Friday, November 27, 2009. There was discussion. It was the consensus of the Commissioners that no request for use of the Courthouse had been received from the Town of Danville and that Mike Graham discuss this matter with Danville. IN THE MATTER OF HIGHWAY SUPERINTENDENT POSITION
John Ayers advised 53 applications had been received for the position of Highway Superintendent.
Commissioner Wathen requested a copy of the applications in order to compile a list of those applicants to be interviewed for this position. IN THE MATTER OF B&O TRAIL
John Ayers gave an update on the B&O Trail and stated they are waiting for INDOT to release funds. He stated they are also checking some concerns on bridges. IN THE MATTER OF EAST CAMPUS - STORAGE BUILDING
John Ayers explained to rent storage space to store items previously kept in the Expo Building on the East
Campus would be an annual rent of $23,000 at a facility located on Lincoln Street, east of SR 39. Also, he presented locations on the East Campus where a pole barn could be built for storage. He further advised that it had been suggested that space may be available in the public storage facilities and requested to further check this option. It was the consensus of the Commissioner to check the size and cost for renting a public storage facility in the Danville area and bring back for further consideration. IN THE MATTER OF CR 901 E
Commissioner Wathen reported drainage problem on CR 901E was discussed this morning during the
Drainage Board meeting and requested the County Engineer to obtain the report from the County Surveyor
David Gaston and check on this matter. IN THE MATTER OF BRIDGE “0”
John Ayers reported Bridge No. 188, located on CR 0, south of US 40, is ahead of schedule for completion. IN THE MATTER OF TREASURER’S OFFICE
Receipt was acknowledged of a report from Treasurer Nancy Marsh that her office is having problems with the fax machine and requesting a replacement stating that she has a fund she could use to purchase this fax. It was noted that CopyCo has a reconditioned heavy duty fax, similar to the ones we have purchased for the courts, for $685 and Ms. Marsh is requesting approval of this purchase for her office. Commissioner Palmer moved to approve the request of the Treasurer to purchase a new fax machine from her funds. Commissioner
Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF AMATEUR RADIO
Sixteen certificates were presented for signatures in recognition of the Amateur Radio volunteers. It was noted these sixteen certificates along with nine plaques are to be presented at the December 9, 2009 Amateur
Radio Recognition Night in the Government Center. IN THE MATTER OF INSURANCE
Receipt was acknowledged of two Danville Police Department reports from Clerk Cindy Spence relative to a $100 counterfeit bill and a $50 counterfeit bill received in the Clerk’s office. Ms. Spence stated she had contacted Stevenson-Jensen Agency and was advised they will be covering this $150.
Rich Jensen, Stevenson-Jensen Agency, reported the loss in the Clean Water Department will be covered by the County insurance. IN THE MATTER OF USE OF COURTHOUSE
Receipt was acknowledged of a request from Linda Turner for use of the Courthouse on December 5, 2009 for 60-70 people for a pitch-in dinner. It was the consensus of the Commissioners to deny this request. IN THE MATTER OF TRANSFER
A letter transferring $1,000 from 100-35600-000-135: Liability to 100-34600-000-135: Classified Ads was presented to cover the advertising for the position of Hendricks County Highway Superintendent in the
Indianapolis Sunday Star. Commissioner Wathen moved to approve and sign the transfer letter to cover the advertisement for County Highway Superintendent. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. State Senator Mike Young has provided the commissioners the language that provides the appointment of one of its to a selection committee to choose a person to represent the counties on the Capital Improvements Board (CIB) which adopted the 15 food and beverage to pay for Lucas Oil Stadium.
Action needed/taken on the following:
1. Checks received and signed to the county: a. Comcast $7,292.96 Franchise fee
2. Whicker signed vehicle titles for the following: a. 2005 Chevrolet Impala Sheriff’s Department
3. Documents needing action: None IN THE MATTER OF CAPITAL IMPROVEMENT BOARD
Commissioner Whicker acknowledged receipt of a letter from Senator Mike Young advising that Hendricks
County is eligible to appoint a commissioner to the committee that will elect a member to the Capital
Improvement Board. Commissioner Palmer agreed to serve on the Appointment Committee representing
Hendricks County. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the November 16 – November 20, 2009 Human Resources report from Ron
Love, Human Resources Director. IN THE MATTER OF IACC
There was discussion of the Achievement Awards Dinner held during the 2010 annual conference of the
Indiana Association of County Commissioners (IACC). It was determined that Commissioner Palmer would be the only representative of Hendricks County attending the banquet, Achievement Awards Dinner, on
Thursday, December 3, 2009. IN THE MATTER OF LUNCH - HENDRICKS REGIONAL HEALTH
Commissioner Whicker announced the Commissioners have been invited for lunch today with the Board of
Trustees of Hendricks Regional Health at noon in Conference Room #6 of the hospital.
Commissioner Wathen moved to adjourn the Commissioners’ meeting at11:27 PM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor
December 1, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, December1, 2009, with a quorum of all three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners James McBryant Administrator Cypress Manor Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Palmer moved to approve the minutes of the November 24, 2009 meeting, as corrected.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #200668 thru 200685, as presented. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Whicker announced American Structurepoint had confirmed Valenti-Held have the sewers essentially completed the sewers at Exit 39 and they are ahead of schedule.
Commissioner Wathen stated the water line easement from Lauth lacked cooperation from Lauth and that
Koger has now offered to place the water line thru their property at Exit 59, which may be a reduction in the cost of the water line. Mike Graham explained we may have another option to running the water line through the Lauth property as he had been contacted by Amy Bennitt, the real estate agent who sold a portion of the
Koger property for the Love’s Truck Stop, has made an offer to allow the water line to run through the Koger property as Ms. Bennitt has to provide water service to Love’s by this spring or the deal goes away. He stated she is very motivated to getting the water line in and she wants the water line to run through the Koger property.
Mr. Graham advised he had talked to Stan Graves, the Indianapolis Water Company’s engineer who is working with us on the water line, and Mr. Graves said it would not be a problem to change the direction of the bore and put the water line on the Koger property. Mr. Graham also stated he had talked to Webb Bernhardt, American
Structurepoint, Inc., and he said he saw no conceptual problem with changing the route, however, he requested to see some plans, but he thought it would work. Commissioner Palmer moved to authorize Mike Graham to work with representatives of Koger for the water line to go through the Koger property at Exit 59 and for Greg
Steuerwald to check on the wording of the Memorandum of Understanding (MOU) with Lauth at Exit 59.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
Commissioner Wathen advised he will meet with representatives of the Kite property next week to work on the Memorandum of Understanding ((MOU) for Exit 59. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers stated he will meet with Gradex to discuss the portion of the Ronald Reagan Parkway from US 36 to CR 100S. He will also meet with INDOT as this portion is a federally funded project requiring Hendricks
County to pay 20% and stated the County’s portion will be funded from Innovative Financing.
John Ayers advised that the bridge on the Ronald Reagan Parkway over the CSX tracks can be started and they can work on it during the winter.
John Ayers reported he had billed the Town of Avon $90,000 for their portion of the paving of the Ronald
Reagan Parkway that is within the Avon Town limits.
John Ayers reported he had been contacted by Dennis Faulkenberg, Appian, to complete the annual Report of Lobbyist Activity and presented a copy of the report to the Indiana Lobby Registration Commission. IN THE MATTER OF JUDICIAL CENTER
Commissioner Whicker reminded everyone the Judicial Center report from the Advisory Committee will be presented to the joint Commissioners and Council meeting at 3:30 PM on Thursday, December 10, 2009 in the
Government Center.
IN THE MATTER OF ANIMAL CONTROL
Brian Mehringer, DVM, of the Avon Veterinary Clinic, gave a brief presentation and explained a draft proposal for spray/neuter service for the Hendricks County Animal Shelter. There was discussion to discuss this proposal with Mary Anne Lewis, Chief Animal Control Officer, members of the Hendricks County
Humane Society and with other veterinarians in the area. It was the consensus of the Commissioners for Mike
Graham to proceed to discuss this matter with the parties mentioned. IN THE MATTER OF CYPRESS MANOR
James McBryant presented a new application for Paul Brewer for admission to Cypress Manor and explained a brief history of this individual. There was discussion of funding and possible financial support from the
Guilford Township Trustee. Commissioner Wathen moved to accept this individual as a resident of Cypress
Manor for three months to determine if funding is available. Commissioner Whicker seconded the motion.
There was discussion of the motion. Commissioner Wathen withdrew his motion. Commissioner Whicker withdrew his second. Commissioner Wathen moved to admit this individual on a probationary three month period and to review at that time based on funding. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF HIGHWAY SUPERINTENDENT POSITION
Mike Graham explained it is extremely unlikely that there will be a new Highway Superintendent in place by January 1, 2010. He expressed concerns that we need to have a plan in place now in order to make the transition and stated we need to develop an interim plan for management of the Department. There was discussion of several options. It was the consensus of the Commissioners for County Engineering John Ayers and Mike Graham to talk with Highway Superintendent Martin Summers to determine if he would be willing to continue in the current position until a new Highway Superintendent is in place.
There was discussion of the interview process to fill the position of Highway Superintendent. John Ayers clarified they have reviewed the 53 applications and are in the process of narrowing the list to interview.
Commissioner Wathen stated there were some applicants that he would like to see on the final interview list.
John Ayers stated he and Human Resources Director Ron Love will start some telephone interviews this week to narrow the list. IN THE MATTER OF TOWN OF DANVILLE - PROPERTY
Commissioner Whicker referenced the November 22, 2009 Commissioners’ meeting and the request for
Attorney Greg Steuerwald to draft a letter to the Danville Town Council in response to their raising the price of the Town Hall property from $300,000 to $450,000 based on their reason that the County would not provide any assurance the judicial center would remain within the Town of Danville. Commissioner Whicker read the letter prepared by Attorney Steuerwald. It was the consensus of the Commissioners to sign and send the letter to the Danville Town Council advising them the County is still interested in pursuing the purchase of property based upon its original offer. ------IN THE MATTER OF ENGINEERING DEPARTMENT – ENCUMBRANCE
John Ayers presented 15 encumbrance letters for County projects with contracts. It was the consensus of the
Commissioners for the President of the Commissioners to sign the encumbrance letters presented by the
Engineering Department. ------IN THE MATTER OF 56TH STREET
John Ayers explained Poindexter Construction is requesting additional funding for their work on the 56th
Street project. He presented a response letter denying any additional payment to Poindexter Construction for this project.
John Ayers explained Buckeye Pipe relocated a pipe in the 56th Street project and is requesting additional funds. He stated the billed amount for actual additional work was $29,653 and presented a claim for this actual work amount. It was the consensus of the Commissioners to sign the claim to Buckeye Pipe for $29,653, as recommended by the County Engineer. ------IN THE MATTER OF BRIDGE NO. 188
John Ayers gave an update on Bridge No. 188 located on CR 0 south of US 40, and reported today they are paving the bridge. IN THE MATTER OF MI-006 AND MI-007
John Ayers reported MI-006 and MI-007, located on CR 500E in Middle Township, is now open for traffic. IN THE MATTER OF FR-059
John Ayers advised that Culvert FR-059, located in Franklin Township on CR 450W over Ditch, is now open for traffic. IN THE MATTER OF BRIDGE NO. 34
John Ayers reported they will not start work until next spring on Bridge No. 34, located on CRA 700N. ------IN THE MATTER OF STORAGE
John Ayers presented competitive prices for rental of commercial space to store items currently stored in the
Expo building at the East Campus. It was the consensus of the Commissioners for John Ayers to proceed to obtain a lease agreement and bring back. IN THE MATTER OF JAIL ROOF
John Ayers reported they have delayed replacement of the jail roof and feel they now need to move forward on this replacement. He presented Notice to Bidders to be advertised for a January 5, 2010 bid opening.
Commissioner Wathen moved to allow publication of the Notice to Bidders for the new roof for the jail to be bid on January 5, 2010. Commissioner Palmer seconded the motion and the motion was approved unanimously
3-0-0. IN THE MATTER OF B&O TRAIL
John Ayers advised they are working on the right-of-way from CSX for the B&O Trail in order to meet the
February 2010 deadline for stimulus funding for this project. ------Commissioner Wathen moved to recess the Commissioners;’ meeting for the Tech Board at 10:45 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker opened the Tech Board at 10:46 AM. IN THE MATTER OF TECH BOARD
Commissioner Whicker opened the Tech Board and reported he had received word from Doug Morris,
Systems Administrator, they had nothing to bring before the Tech Board today. Commissioner Palmer moved to adjourn the Tech Board at 10:47 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously3-0-0. Commissioner Whicker reconvened the Commissioners’ meeting at 10:45 AM. IN THE MATTER OF APPOINTMENTS
Receipt was acknowledged of a request from Dr. David Hadley for an appointment to the Health Board to fill the vacancy left by Dean Turner, who recently passed away. It was noted Mr. Turner’s term expires 12-31-
09 and he was one of the Democrats on the Board. The Commissioners requested Attorney Greg Steuerwald to check the requirements for Health Board appointees.
Mike Graham explained it is time for the Commissioners to have a meeting with the eleven Department
Heads who report to the Commissioners. He stated that last year this process was divided it between two meetings. It was the consensus of the Commisisoenr for Mike Graham to set up meetings with the individual
Department Heads who report to the Commissioners and set appointments for the afternoon of December 8 and
December 22, 2009. IN THE MATTER OF TRANSFERS
Two transfer letters were presented for consideration: Transfer of $500 from 100-32600-000-135:
Telephone to 100-32900-000-135: Attendance at Meetings, and to transfer $3,000 from 100-32600-000-135:
Telephone to 100-32103-000-135: Military Burial. Commissioner Wathen moved to approve and sign the two letters for transfer of funds, as presented. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF STATE BOARD OF ACCOUNTS
Auditor Cinda Kattau presented a draft letter to the State Board of Accounts relative to the financial statements of Hendricks County as of December 31, 2008. Commissioner Wathen moved to approve the letter to the State Board of Accounts and authorize the President to sign the letter on behalf of the Commissioners.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. Cummins Behavioral Health Systems, Inc., Board of Directors Meeting Announcement, Thursday, December 3, 2009, Cummins Administrative Offices, 5702 US 36, Avon, IN, 6:15 p.m. 2. Hendricks Regional Health YMCA ground-breaking ceremony, Thursday, December 3, 11:00-11:30 a.m. at the Avon construction site.
Action needed/taken on the following:
1. Checks received and signed to the county: a. Insurance-Stevenson-Jensen Agency, Inc. $150.00 Counterfeit Currency
2. Whicker signed vehicle titles for the following: None
3. Documents needing action: None IN THE MATTER OF SPECIAL AIC MEETING
Commissioner Palmer announced she had been contacted by Jeff Quyle, regarding a special AIC meeting on
December 11, 2009 regarding the legislation for the donut counties. IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the weekly Highway report for November 23 to November 25, 2009 from
Martin Summers, Highway Superintendent. IN THE MATTER OF VETERANS’ AFFAIRS
Receipt was acknowledged of the monthly Veterans’ Affairs report for October from Lori Turpin, Veterans’
Affairs Officer. .
Commissioner Wathen moved to adjourn the Commissioners’ meeting at10:55 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member ATTEST: ______Judith Wyeth, Deputy Auditor
.
December 8, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, December 8, 2009, with a quorum of all three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Don Reitz Hendricks County Planning Director Ron Love Hendricks County Human Resources Director Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Palmer moved to approve the minutes of the December 1, 2009 meeting, as corrected.
Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #201113 thru 201126, #200990 thru 201031, #101265 thru 101394 and Direct Deposit #054210 thru 054622, as submitted. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF PROCLAMATION FERN JORDAN COX HADLEY
Commissioner Whicker announced the Commissioners would be honoring Fern Jordan Cox Hadley with a proclamation recognizing her 100th birthday. Commissioner Palmer read the following proclamation:
P R O C L A M A T I O N RECOGNIZING FERN JORDAN COX HADLEY 100TH BIRTHDAY
WHEREAS, Fern Jordan was born December 1, 1909, in North Salem, Indiana, and has lived her entire life in Hendricks County. She graduated from North Salem High School, and from Central Normal College in Danville. She taught school in North Salem for nine years. WHEREAS, Fern Jordan married Earl Cox and together they owned and operated the Cox Funeral Home in North Salem for nineteen years, until his death in 1956. WHEREAS, Fern Jordan Cox married Hendricks County Circuit Court Judge George W. Hadley in 1958. Mr. Hadley was elected as Hendricks County Prosecuting Attorney in 1940 and served until he resigned in 1944 to serve in the US Navy. In 1954 he was elected Hendricks County Circuit Court Judge where he served until his death in 1959. WHEREAS, Fern Jordan Cox Hadley served as a Probation Officer and Bailiff of the Hendricks County Circuit Court for over 18 years. She was the first employee of Hendricks County Welfare where she established, managed and developed the original Hendricks County Welfare Program. WHEREAS, Fern Jordan Cox Hadley has sincerely cared for the well-being of her fellow man and has always worked to attain a better life for everyone. NOW, THEREFORE, the Hendricks County Board of Commissioners recognize Fern Jordan Cox Hadley on her 100th Birthday on December 1, 2009 and wish her a very Happy Birthday. We set our hand and seal this 8th day of December, 2009
(SIGNED) David A. Whicker, President Phyllis A. Palmer, Vice President (SEAL) Eric L. Wathen, Member
Commissioner Whicker introduced Mrs. Hadley’s nephew, David Jordan, and presented Mr. Jordan and his wife with the proclamation for Mrs. Hadley.
IN THE MATTER OF EXIT 59
Mike Graham explained he had talked with Amy Bennit, Realtor for Love’s Truck Stop, and she has confirmed the water line for Exit 59 can go through the Koger property.
Commissioner Wathen stated he and Mike Graham will be meeting on December 10, 2009 at the offices of
Barnes and Thornburg with representative of Kite to work on the Memorandum of Understanding (MOU) for their proposed project at Exit 59.
Mike Graham stated the sewer systems at Exit 59 will be completed by January 8, 2010. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers stated INDOT is trying to set a pre-construction conference with Gradex for the portion of the
Ronald Reagan Parkway from US 36 to CR 100S before the end of the year.
John Ayers advised they have several right-of-way purchases in progress for the portion of the Ronald
Reagan Parkway from CR 300N to US 136. IN THE MATTER OF JUDICIAL CENTER
Commissioner Whicker announced the Judicial Center report from the Advisory Committee will be presented to the joint Commissioners and Council meeting on Thursday, December 10, 2009 in the Government
Center. Mike Graham stated the agenda for this meeting had been amended to change the time to 3:00 PM. IN THE MATTER OF CLAYTON ASSEMBLY OF GOD CHURCH
Pastor William E. Wright, Clayton Assembly of God Church, explained his congregation had been meeting for three years in various buildings in the Clayton area and have now purchased 5 acres on SR 39 to build a new church. Pastor Wright requested to have the fees of $1,625.75 for the Planning Department applications be delayed for three years for this new church they plan to build. Commissioner Whicker announced Pastor
Wright had presented a request to the Drainage Board, at their meeting this morning to delay the $1,820 fees associated with drainage and advised the requested was approved to delay the fees through 2011. Planning
Director Don Reitz and his staff explained the problems with processing a fee delay on their computer program.
There was discussion of this request and the processing for reports. It was the consensus of the Commissioners for the Planning Department to work with the church on this request. IN THE MATTER OF B&O TRAIL
John Ayers gave an update on the purchase of the right-of-way for the B&O Trail and stated they closed on the property on Friday, December 4, 2009 and presented a quit claim deed for execution. Attorney Greg
Steuerwald explained the transfer of this property from the County to the B&O Trail Association.
Commissioner Wathen moved to approve and the Commissioners sign the Quit Claim deed for the Hendricks
County Board of Commissioners and B&O Trail. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Attorney Steuerwald stated we will record the deed.
Diana Virgil, President B&O Trail expressed her gratitude to the cooperation and professional help from the elected officials their staff on this project that started in 1993. Hall Virgil expressed appreciation to the staff for their assistance in obtaining this property and funding for the B&O Trail.
IN THE MATTER OF WHITE LICK CREEK STREAMBANK STABILIZATION
John Ayers reported he was not ready to award the bid for the Hendricks County White Lick Creek EWP
Streambank Stabilization Project for the Nitu property in White Lick Creek, located on CR 700N and west of
SR 267 in Brown Township. He stated these bids were opened on November 24, 2009 and that he has been unable to contact the owner to verify that he was willing to fund his portion of this project and requested to continue this matter until he had talked with the owner. IN THE MATTER OF SOFTWARE TO HANDLE CITIZEN COMPLAINTS
Mike Graham explained the Planning, Engineering and Surveying Departments are working on an effort to buy additional software to primarily manage citizen complaints and stated this will be another module to be added to CDP’s electronic permitting program. He stated the software is $65,000 and some of the departments are looking to pool their resources to buy the product in 2010 and with budget reductions the Commissioners’ do not have 2010 surplus funds to participate in this project. Mr. Graham explained it would be beneficial to better track citizen’s complaints and other requests for services and in the near future, the participating
Departments would like to present a plan to the Commissioners on how they plan to purchase the software. He also explained that an issue that will need to be addressed if the program moves forward is getting the various
Departments to use the software as they anticipate reluctance from some departments to use the product, even if they do not participate in paying for it. There was discussion of this program. It was the consensus of the
Commissioners for the departments to make this presentation. IN THE MATTER OF BRIDGE NO. 34
John Ayers presented a fee proposal in the amount of $26,270 with Crawford Murphy & Tilly (CMT) for fee justification scope of services compliant to current On Call Inspection Agreement with Hendricks County on
Bridge No. 34, located on CR 700N over School Branch Creek. Commissioner Wathen moved to approve the
Bridge No. 34 fee justification with CMT in the amount of $26,270, as presented. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF BRIDGE NO. 127
John Ayers presented the United Consulting agreement for design of Bridge No. 127, located north of Amo, and stated this project will be 80% funded with federal funds. Commissioner Wathen moved to approve the contract with United Consulting for design of Bridge No. 127, as recommended by the County Engineer.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF BRIDGE NO. 188
John Ayers reported Bridge No. 188, located on CR 0, is completed, however, due to the weather they cannot do the striping at this time and will do temporary striping in order to open this bridge to traffic. IN THE MATTER OF 56TH STREET
Commissioner Wathen reported there were some pavement problems in the construction area of 56th Street and requested potholes be filled in these areas. John Ayers stated he will check on this matter. IN THE MATTER OF TEMPORARY UNPAID EMPLOYEE LEAVE
Mike Graham reported Judge Lemay-Luken had previously advised us the State of Indiana has adopted a voluntary unpaid leave policy and stated we have talked about developing a policy for Hendricks County employees that would provide an alternative that is less harsh than the mandatory furloughs and other cost reduction measures that some companies are adopting. Ron Love explained that employees in departments with seasonal slowdowns or other reductions in activities may be able to use this program. Mr. Love presented a draft policy to allow voluntary unpaid leave for consideration. It was the consensus of the Commissioners that this policy needs to be presented to the Council. IN THE MATTER OF COMMUNICATIONS FUNDING
Commissioner Whicker reported the Commissioners and Council had met at 7:30 AM this morning in the
Government Center with State Representatives Jeff Thompson and Greg Steuerwald to discuss funding for the
Communications Center. IN THE MATTER OF GOVERNMENT CENTER
John Ayers gave an update on the windows and carpet replacement in the Government Center. He stated the windows are completed and the flooring is being laid in the lounge area. The Commissioners thanked Leanna
Alverson, Project Manager, for her management of the carpet and window replacement. IN THE MATTER OF ENERGY GRANT - COURTHOUSE
John Ayers presented report from AMERESCO listing the proposed replacement, enhancement, renovation and lighting retrofit for the Court House that could be funded through the federal stimulus grant. The report also listed the annual savings of each project. There was discussion of the report. It was the consensus of the
Commissioners for John Ayers to proceed with obtaining additional information for energy conservation projects at the Court House. IN THE MATTER OF COURTHOUSE
Receipt was acknowledged of a request from Debbie Weddle, Clerk’s Department, to take family pictures in front of the Christmas tree in the Courthouse Rotunda on Saturday. It was the consensus of the Commissioners to approve this request. IN THE MATTER OF AMATEUR RADIO
Receipt was acknowledged of a request from Jay Wright, President Hendricks County Amateur Radio, for a
Commissioner to present the nine plaques and sixteen certificates to volunteers in recognition of their services at the Amateur Radio Annual Award Night on Wednesday, December 9, 2009 in the Government Center.
Commissioner Whicker volunteered to attend the program and make the presentations on behalf of the
Commissioners. IN THE MATTER OF JOB ACCOMPLISHMENTS
Mike Graham presented the interview schedules for the department heads that report to the Commissioners to do job accomplishments and to discuss accomplishments and goals. He stated each department head will be scheduled a time to meet with the Commissioners in Executive Session from 1:00 – 3:30 PM on Tuesday,
December 8, 2009 and on Tuesday, December 22, 2009 IN THE MATTER OF AUDITOR’S OFFICE
Commissioner Wathen commended Auditor Cinda Kattau and her staff on meeting all of their deadlines and the excellent job they are performing for the taxpayers IN THE MATTER OF DIANNE RANDALLE
Commissioner Palmer stated she had attended the calling for Dianne Randall, a 14 year employee of the
Sheriff’s Department, who lost her life to cancer last week. It was noted a sympathy card had been sent to the family of Ms. Randall from the Commissioners. IN THE MATTER OF YMCA
Commissioner Whicker announced he had attended the ground breaking ceremony for the new Hendricks
Regional Health YMCA in Avon. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. Call for nominations, Indiana Partnership for Transportation Quality Achievement Awards due January 8, 2010.
Action needed/taken on the following:
1. Checks received and signed to the county:
2. Whicker signed vehicle titles for the following: a. 2006 Chevrolet Impala Sheriff’s Department
3. Documents needing action: None IN THE MATTER OF ASSOCIATION OF INDIANA COUNTIES (AIC)
Commissioner Palmer gave a brief report of the Association of Indiana Counties (AIC) annual conference that was held last week.
Commissioner Whicker announced the Hendricks County Commissioners had lunch with the Hamilton
County Commissioners during the Association of Indiana Counties (AIC) .annual conference in Indianapolis. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the weekly Human Resources report for November 30, 2009 thru December
4, 2009 from Ron Love, Human Resources Director. IN THE MATTER OF CYPRESS MANOR
Receipt was acknowledged of the bi-weekly Cypress Manor Activities Report from James McBryant,
Cypress Manor Administrator. ------
Commissioner Wathen moved to adjourn the Commissioners’ meeting at 10:45 AM. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member ATTEST: ______Judith Wyeth, Deputy Auditor
December 15, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, December 15, 2009, with a quorum of all three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney David Gaston Hendricks County Surveyor John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Megan Morgan Hendricks County Jail Matron Todd McCormack Hendricks County Adult Probation Don Reitz Hendricks County Planning Director Judith Wyeth Secretary to the Commissioners NOTE: Auditor Cinda Kattau did not attend this meeting. Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of the December 8, 2009 meeting, as corrected.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims # 201174 thru 201180, as presented. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Wathen stated the sewers at Exit 59 would be finished January 8, 2010.
Mike Graham explained if the water line goes through the Koger property at Exit 59 it will reduce the cost from $582,000 to $538,000. He plans to meet tomorrow, December 16, 2009, with the property owners and
Veolia Water to discuss this option.
Mike Graham stated that he and Commissioner Wathen met with Kite representatives to discuss the issuance of a small TIF bond to help pay for Kite’s public infrastructure costs and that Kite would like the County to remove the 80% - 20% and agrees to a $2.2 – $2.3 million bond proceed amount. He listed five points of negotiation and stated in the last MOU, the Commissioners told Kite 80% of the TIF revenue could go to public infrastructure constructed by Kite and 20% would revert back to the taxing units like school and fire. This was when Kite was seeking a much bigger bond estimated at $13 - $17 million. Removal of the 80% - 20% split would allow more money for Kite to use. Also, they want to separate the bonds so one is purchased by Kite and one by the County. Mr. Graham stated we made a commitment to use any difference between the budget amount of $620,000 for water service and the actual cost (the last cost estimate was $582,649). There was discussion of the Kite requests. It was the consensus of the Commissioners for Commissioner Wathen and
Mike Graham to meet with Kite on this proposed TIF and to: 1) Keep the 80/20%; 2) Secure separate bonds;
3.) A maximum bond amount for Kite 1.8 million and the County 1.3 million, 4) To work with the fire department and look at buying specific equipment that would serve the Centerline project; and 5) Take the difference between the water service budget amount of $620,000 and actual cost for infrastructure improvements off the table. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers advised he is working with INDOT and the State to set up a pre-construction meeting for the
Ronald Reagan Parkway.
John Ayers reported he has sent a bill to the Town of Avon for paving of the Ronald Reagan Parkway from
US 36 to CR 100N that is within the Avon Town limits.
Commissioner Wathen explained he had talked with Greg Zusan, Avon Town Council, and Mr. Zusan stated he would like to meet with the County officials to discuss the Ronald Reagan Parkway. IN THE MATTER OF JUDICIAL CENTER
Commissioner Whicker stated the report of the Advisory Committee for the Judicial Center was presented at the joint Commissioners and Council meeting on December 10, 2009. It was the consensus of the
Commissioners to remove the Judicial Center from the agenda. IN THE MATTER OF GOV PARTNER
Don Reitz presented a request to purchase the GovPartner Request Partner and Code Compliance Module in the amount of $65,200 plus $10,000 for maintenance costs in 2011 and presented a handout explaining how citizen complaints could be filed and tracked. Megen Morgan explained the benefits of this program for the
Sheriff’s department. David Gaston stated this program would be a more efficient way of tracking the resolution of citizen complaints. Nicole Collisi explained the implementation process that would connect all departments and the information that could be obtained and shared. John Ayers stated this would have internal accountability system for building maintenance of County buildings. Commissioner Whicker stated this would be funded from funds within the Engineering, Planning, Sheriff and Surveyor departments. Don Reitz stated there would be training available for staff. It was the consensus of the Commissioners to support the
GovPartner Request Partner and Code Compliance Module, for the County Attorney to review the contract and move forward with this program. IN THE MATTER OF COMMUNITY CORRECTIONS
Todd McCormack provided several examples of resolutions and ordinances from other counties that could be modified for Hendricks County community corrections. He stated the resolution needs to be adopted before the Community Corrections Advisory Board could be appointed. It was the consensus of the Commissioners for Mike Graham and Greg Steuerwald to work on this resolution and bring back next week. IN THE MATTER OF FLOODPLAIN MANAGEMENT PROBLEM
Mike Graham explained the Planning Department has a problem with the Federal Emergency Management
Agency (FEMA) and Don Reitz and his staff are seeking the approval of the FEMA’s Community Rating
System. If approved the Hendricks County property owners’ flood insurance premiums will be reduced. He stated as a part of obtaining the CRS, FEMA does a complete audit of the current floodplain management program in the County. The FEMA audit process found one house constructed 24 years ago that does not comply with the provisions of the floodplain management requirements. Mr. Graham explained the solution to the problem is to install nine flood vents in the residence’s crawl space at a cost of approximately $2,500. Mr.
Reitz stated the property owner has been very cooperative during the discussion of the problem but does not want to pay the cost of installing the vents as he is not the original homeowner. Mr. Graham suggested we split the cost between the property owner and the County and have the problem go away. If the problem is not corrected we will not only jeopardize our participation in the CPS program but will jeopardize our participation in the current program. He presented the December 9, 2009 email from Don Reitz explaining the problem along with a copy of FEMA’s letter identifying the problem. Commissioner Wathen moved for the County to pay for the vent installation in this house, not to exceed $2,500, from the Special Contracts line in the
Commissioners’ budget. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. Mike Graham and Don Reitz were to check on funding sources. IN THE MATTER OF WHITE LICK CREEK STREAMBANK STABILIZATION
John Ayers stated he had been unable to contact the property owner for the White Lick Creek streambank stabilization project, located on CR 700N and west of SR 267 in Brown Township. He stated that due to this fact he would like to request the awarding of the bid for this project be continued until he can contact the property owner. It was the consensus of the Commissioners to continue the awarding of the bid for the
Hendricks County White Lick Creek EWP Streambank Stabilization Project for the Nitu property in White Lick
Creek until Mr. Ayers contacts the property owner. Commissioner Palmer moved to recess the Commissioners’ meeting for the Tech Board at 10:30 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. Commissioner Whicker opened the Tech Board at 10:31 AM. IN THE MATTER OF TECH BOARD
Commissioner Whicker opened the Tech Board and reported he had received word from Doug Morris,
Systems Administrator, they had nothing to bring before the Tech Board today. Mr. Morris did send word that on December 16, 2009 he is planning to turn on the web filter for the internet and will send an email out to all employees advising of the new internet filter.
Commissioner Palmer moved to adjourn the Tech Board at 10:32 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously3-0-0. Commissioner Whicker reconvened the Commissioners’ meeting at 10:33 AM. IN THE MATTER OF TOWN OF DANVILLE
Mike Graham welcomed Gary Eakin, Danville Town Manager, to the meeting. Mr. Eakin presented a letter to the Commissioners from Danville Town Council President Jeff Martin with a counter offer for the property on the square. The counter offer was for $60,000 per year for seven years for a total of $420,000. It was the consensus of the Commissioners to take this counter offer from the Town of Danville under advisement. IN THE MATTER OF US CENSUS
Mike Graham stated President Whicker received an email from the US Census asking that a Census worker recruitment advertisement be posted on the County web page. It was the consensus of the Commissioners to approve the US Census to post the ad on the County web page. IN THE MATTER OF EMPLOYEE HEALTH INSURANCE
President Whicker presented the Symetra Financial Excess Loss Alternate Reimbursement Endorsement renewal for employee health insurance stop loss that Jeff Fox, H. J. Spier, presented to the joint Commissioner and Council meeting on December 10, 2009. Commissioner Wathen moved to approve and authorize the
President to sign the Excess Loss Endorsement for employee health insurance, as presented. Commissioner
Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF USE OF GOVERNMENT CENTER
Receipt was acknowledged of a request from Bob Kelley, Ivy Tech, to teach a Spanish conversational speaking class to employees of the Hendricks County Courts. This program is sponsored by the Indiana
Judicial Center and will meet for six weeks on Tuesday and Thursday evenings from 4:30 to 6:30 PM beginning
February 9, 2010 thru March 18, 2010. Mr. Kelley stated that Todd McCormack, Director Adult Probation, recommended using one of the meeting rooms in the Government Center for this training and Room #3 would be available for them on those dates and time. Commissioner Palmer moved to approve the use of Room #3 in the Government Center for Ivy Tech to teach a Spanish conversational speaking class to employees of the
Hendricks County Courts for a period of six weeks on Tuesday and Thursday evenings from 4:30 to 6:30 PM beginning February 9, 2010 thru March 18, 2010. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF 56TH STREET MEDIATION
Receipt was acknowledged of a letter dated December 2, 2009 from Dan Zielinski with a report from Terry
Curry, Mediator, for the Hession Farms, Inc.; Hession Enterprises, Ltd; Daniel Bernard Hession and Anna
Catherine Hession; and Hendricks County vs 56th Street Associates II stating the issues have been resolved. IN THE MATTER OF VETERANS’ AFFAIRS
Receipt was acknowledged of the monthly Veterans’ report for November 2009 from Lori Turpin, Veterans’
Affairs Officer. IN THE MATTER OF HIGHWAY
Receipt was acknowledged of the weekly Highway report for December 7, 2009 to December 12, 2009 from
Martin Summers, Highway Superintendent. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the weekly Human resources report for December 7, 2009 thru December 11,
2009 from Ron Love, Human Resources Director. IN THE MATTER OF EXECUTIVE SESSION
Commissioner Whicker read the following interoffice memo relative to the Executive Session held at 1:00
PM on Tuesday, December 8, 2009:
M E M O
TO: File
DATE: December 8, 2009
We hereby certify that the only matter discussed during the Hendricks Board of Commissioners Executive Session on this date, duly published by means of the posted Agenda, was the only item listed on said Agenda and no final action was taken.
Hendricks County Board of Commissioners
David A. Whicker, President Phyllis A. Palmer, Vice President Eric L. Wathen, Member IN THE MATTER OF COURTHOUSE SECURITY
John Ayers stated he is pursuing costs for new exterior doors and locks for the Courthouse that are less expensive than the ones first presented. He will continue to check and will bring back a full recommendation. IN THE MATTER OF HIGHWAY INVENTORY & SYSTEMS UNIT
John Ayers presented the Highway inventory & Systems Unit for mileage certification change request from
INDOT. Hendricks County has released the performance bond for a list of subdivisions and upon receipt of the required maintenance bonds these subdivision streets were accepted into the County road system. A list of the streets including Public Road Mileage Certification for the year 2009 was presented, increasing the County roads by 3.733 miles. Commissioner Wathen moved to approve and sign the 2009 Highway Inventory &
Systems Unit based on the recommendation of the County Engineer. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF BRIDGE NO. 188
John Ayers reported Bridge No. 188, located on CR 0, has been permanently striped and is now open for traffic. IN THE MATTER OF CULVERT FR-059
John Ayers reported culvert FR-059, located in Franklin Township, on CR 450W, is now open and has passed the final inspection. IN THE MATTER OF BRIDGE NO. 127
John Ayers presented the Indiana Department of Transportation – Local Public Agency Projected
Coordination Contract for Bridge No. 127, located on CR 450W, and explained this is a federally funded bridge with 80/20 participation in the construction cost. Commissioner Wathen moved to approve and sign the Project
Coordination Contract with INDOT for Bridge No. 127, as recommended by the County Engineer.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF HIGHWAY SUPERINTENDENT
John Ayers reported he and Human Resources Director Ron Love have completed some telephone interviews with applicants for the position of Highway Superintendent and have narrowed the list to eight that they will meet with in person to interview. IN THE MATTER OF ENERGY GRANT
Mark E. Heirbrandt, AMERESCO, explained the advantages to the Federal Guaranteed Energy Savings
Program. We will need to do either RFQ (Request for Quotes) or RFP (Request for Proposal) process. He stated this energy savings will be measured in increments not in dollars. This process will be for the energy conservation grant for the Courthouse. John Ayers requested to advertise for RFP. It was the consensus of the
Commissioners for John Ayers to proceed to advertise for RFP for energy conservation for the Courthouse. IN THE MATTER OF GOVERNMENT CENTER
John Ayers gave an update on the carpet replacement in the Government Center and stated they have installed the floor covering in the lounge and are in the process of applying several coats of wax. There was discussion of entrance floor mats. IN THE MATTER OF EMPLOYEE HEALTH CLINIC
Commissioner Whicker announced during the joint Commissioner and Council meeting on December 10,
2009 there was discussion of establishing an employee health clinic with Hendricks Regional Health He further advised chat Attorney Greg Steuerwald is reviewing a contract for the proposed clinic. It was the consensus of the Commissioners to proceed to establish the clinic with Hendricks Regional Health and to bring the contract to the December 22, 2009 meeting for approval. IN THE MATTER OF TRANSFER OF FUNDS
A transfer letter was presented to transfer $5,000 from 100-35600-000-135: Liability to 100-37850-000-
135: Rent to pay the first quarter rent for the Juvenile Probation space on the square. Commisisoenr Palmer moved to approve the transfer, as presented. Commissioner Whicker seconded the motion and the motion was approved unanimously 3-0-0.
A transfer letter was presented to transfer $500 from 100-35600-000-135: Liability to 100-32900-000-135:
Attendance at Meetings in order to fund training conferences attended by staff. Commissioner Palmer moved to approve the transfer, as presented. Commissioner Whicker seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. IDEM, Office of Water Quality, Facility Construction & Engineering Support Section, Permit Application, Avon Pointe, Avon, IN
Action needed/taken on the following:
1. Checks received and signed to the county: None
2. Whicker signed vehicle titles for the following: a. 2006 Chevrolet Impala Sheriff’s Fleet b. 2006 Chevrolet Impala Sheriff’s Fleet c. 2006 Chevrolet Impala Sheriff’s Fleet d. 2006 Chevrolet Impala Sheriff’s Fleet
3. Documents needing action: None IN THE MATTER OF EXECUTIVE SESSION
Commissioner Whicker announced there would be an executive session at noon today, December 15, 2009, in the Circuit Court Jury Room to discuss security with the judges. He stated an agenda has been posted.
Commissioner Palmer moved to adjourn the Commissioners’ meeting at 11:05 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______ATTEST: ______Eric L. Wathen, Member Judith Wyeth, Deputy Auditor
December 22, 2009
The Hendricks County Board of Commissioners met in regular session at 9:30 AM on Tuesday, December 22, 2009, with a quorum of all three (3) Commissioners in the Commissioners’ Meeting Room on the first floor of the Hendricks County Government Center with the following in attendance:
David A. Whicker ) Phyllis A. Palmer ) Hendricks County Board of Commissioners Eric L. Wathen ) Gregory E. Steuerwald Hendricks County Attorney Cinda Kattau Hendricks County Auditor David Galloway Hendricks County Sheriff Megen Morgan Hendricks County Jail Matron John Ayers Hendricks County Engineer Michael E. Graham Administrator to Commissioners Judith Wyeth Secretary to the Commissioners Commissioner Whicker opened the meeting and led the Pledge to the Flag in unison. IN THE MATTER OF MINUTES
Commissioner Wathen moved to approve the minutes of the December 15, 2009 meeting, as corrected.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CLAIMS
Commissioner Wathen moved to approve Claims #201594 thru 201626, #201236 thru 201590, #094891 thru 095006 and direct deposit #054623 thru 055005, as presented. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF EXIT 59
Commissioner Wathen advised he has provided the required information to the Paul Kite bond attorney for their proposed project at Exit 59.
Mike Graham reported that he met with Stan Graves with the Indianapolis Water Company and Cecil
Koger, the property owner where the Love’s Truck Stop is going to be located at Exit 59, and reported Mr.
Koger needs the water service to his site by March 1, 2010. He stated Mr. Koger is very cooperative in allowing the water company to extend their service through his property. He also stated Mr. Graves showed the preferred alignment and Mr. Koger agreed to this alignment. Mr. Graham stated Mr. Koger is going to have his surveyor provide a legal description for the easement and they plan to have a contract ready to sign the first meeting in January 2010.
Mike Graham presented a draft Interlocal Agreement with KS Hendricks Partners, LLC, between Hendricks
County and the Indiana Economic Development Corporation (HEDC) for Exit 59 and stated the agreement has not been signed by Paul W. Kite, Manager KS Hendricks Partners, LLC. Commissioner Wathen moved to approve the Interlocal Agreement with KS Hendricks Partners and authorize the President to sign the agreement with Kite after Kite has signed the agreement. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF RONALD REAGAN PARKWAY
John Ayers stated they have scheduled a pre construction meeting for January 6, 2010 to discuss the bridge on the Ronald Reagan Parkway over the CSX tracks.
IN THE MATTER OF IMAGING OFFICE SOLUTIONS
Derek Thomas, Imaging Office Solutions, requested to expand the imaging his firm is doing in the Clerk’s office to other departments in Hendricks County Government. The Commissioners referred Mr. Thomas to meet with Mike Graham on this request. IN THE MATTER OF JAIL - ENERGY
Sheriff Dave Galloway explained they were looking at ways to reduce the energy bills for the jail. Megen
Morgan introduced Dave Barrow, Account Manager for ProLiance, to explain a cost saving energy plan for the jail. Mr. Barrow explained ProLiance Energy is a full service natural gas marketing company that provides natural gas for a reduced rate to large consumers of natural gas and explained their energy savings for the jail.
He stated they would need to have an analog phone at the jail for implementation. It was the consensus of the
Commissioners for Mike Graham to provide gas bills for other County buildings, for Greg Steuerwald to review the draft contract and to move forward with this program to save energy costs at the jail. IN THE MATTER OF HIGHWAY SUPERINTENDENT
Mike Graham reported that during the accomplishment and goals meetings last week with department heads the Commissioners asked Martin Summers if he would be willing stay on as Highway Superintendent until a replacement is found and Mr. Summers said yes he would. Mr. Graham stated the Commissioners need to make this commitment a matter of record and to set a time for Mr. Summers to continue working. John Ayers stated they have had live interviews with six people and have another 4-5 to interview, however, they hope to have the new Highway Superintendent hired by the end of January 2010. Ron Love stated they are planning the second round of interviews with applicants and these will include Commissioner Wathen. Commissioner
Wathen moved to keep Martin Summers on staff as Highway Superintendent to February 12, 2010 to facilitate the transfer to the new Highway Superintendent. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF IVY TECH IN AVON
Mike Graham explained the Town of Avon is interested in keeping Ivy Tech in Avon. Currently, Ivy Tech uses classrooms at the Avon schools, however, the Avon school administration is dramatically raising the rent and Ivy Tech is looking for a new location. He stated the Town of Avon is putting together an incentive package by providing $60,000 per year in training for years 1 to 3 and $30,000 in training for years 4 to 10 and up to $250,000 for build out of the facility and the Avon Town officials would like the County to help by providing some training funds in the amount of $10,000 per year for a ten year period. It was the consensus of the Commissioners that due to the economic times they preferred to hold their funds intact and to decline the offer to participate in this project.
IN THE MATTER OF ELECTRONIC PERMITTING
Mike Graham stated the additional module to be added to the GovPartner’s electronic permitting system that was approved last week is an addendum to the original contract and inquired if this addendum should be signed by the Commissioners or the Planning Director. It was the consensus of the Commissioners for the Commissioners to sign all contracts, including the addendum if it involved additional expenditures, after it has been reviewed and approved by Attorney Greg Steuerwald.
IN THE MATTER OF ACCOMPLISHMENTS AND GOALS MEETINGS
Mike Graham reported that Charles Colbert, Weights and Measures Inspector, did not have his planned surgery and has been added to the afternoon Executive Session of accomplishments and goals meeting agenda for today and is set to talk with the Commissioners at 2:30 PM. He further stated that due to this change Mike
Graham has been moved back to 3:00 PM today. IN THE MATTER OF DANVILLE PROPERTY
Mike Graham provided information relative to the old Danville Town Hall stating Danville had two appraisals done to establish a value on the real estate. Lawson and Co. provided a September 26, 2007 estimated value of $480,000 to $520,000 and Dan Moore Real Estate Services provided a September 27, 2009 estimated value of $450,000 to $465,000. He stated he had asked Councilman Jay Puckett to provide the present cost of money if the property was paid for upfront rather than seven yearly payments at $60,000 totaling
$420,000. To establish a present cost Mr. Puckett used a 2.5% of interest rate and determined the current cost of money to be $353,000. Commissioner Wathen moved to authorize Greg Steuerwald to give a proposal to the
Danville Town Council to purchase all of the old Town Hall property and the attached building for a one payment total of $353,000. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF COURTHOUSE SECURITY
Commissioner Whicker announced that during the Commissioners’ Executive Session on December 15,
2009 the Commissioners met with Sheriff Dave Galloway and his staff to discuss Courthouse security. It was the consensus of the Commissioners to direct Sheriff Galloway and the Engineering staff to develop a plan to address security at the Courthouse and a time line for them to present this plan. IN THE MATTER OF WHITE LICK CREEK STREAMBANK STABILIZATION
John Ayers stated he had been unable to contact the property owner for the White Lick Creek streambank stabilization project, located on CR 700N and west of SR 267 in Brown Township, therefore, he would like to request the awarding of the bid for this project be continued until he can contact the property owner. It was the consensus of the Commissioners to continue the awarding of the bid for the Hendricks County White Lick
Creek EWP Streambank Stabilization Project for the Nitu property in White Lick Creek until Mr. Ayers contacts the property owner. IN THE MATTER OF B&O TRAIL
John Ayers reported the property for the B&O Trail has been purchased and recorded. He also stated the bid letting for the trail has been set for February 23, 2010. IN THE MATTER OF EMPLOYEE HEALTH CLINIC
Mike Graham presented the Clinic Management Agreement by and between Hendricks County Hospital d/b/a Hendricks Regional Health and Hendricks County, Indiana for the Hendricks Regional Health to provide a employee health clinic on site. Greg Steuerwald stated he had reviewed this agreement. Dennis Dawes, CEO
Hendricks Regional Health, stated the hospital was pleased to provide this service to Hendricks County employees. Mr. Dawes also stated the hospital is also providing a clinic for employees of the Town of
Brownsburg and employees of the Avon Community School System. Commissioner Wathen moved to sign this agreement to establish a clinic with Hendricks Regional Health and authorize the President to sign on behalf of the Commissioners. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. There was discussion of the start date of the clinic. Dennis Dawes stated the hospital would be set-up and ready on March 1, 2010. IN THE MATTER OF COMMUNITY CORRECTIONS
Commissioner Whicker read the draft resolution confirming the establishment of the Community
Corrections Advisory Board of Hendricks County. Commissioner Wathen moved to approve and sign the
Resolution Confirming the Establishment of the Community Corrections Advisory Board of Hendricks County as Resolution 09-16. Commissioner Palmer seconded the motion and the motion was approved unanimously
3-0-0.
Mike Graham read the requirements for the appointments to serve on the Community Corrections Advisory
Board as stated in the Indiana Code. It was the consensus of the Commissioners for Mike Graham to obtain a list of individuals that meet the requirements as stated in the State Code and bring to the January 26, 2010 meeting for consideration. IN THE MATTER OF TEXT MESSAGING
There was discussion that texting on County cell phones is not covered by the current Nextel contract and the County is being charged per text message, which is increasing the monthly bill. Nextel offers an additional package for texting on each phone: with
300 texts for $5 (monthly) 1,000 texts for $10 (monthly) unlimited for $20 (monthly)
It was noted that currently only 15-20 employees used texting, however, Prosecutor Pat Baldwin has advised that several in her department need texting added to their phones and has provided a list of numbers to have texting added. It was stated that it would be cost effective to allow texting or certain phones and restrict on others and with these contracts it would be more cost efficient than the current per text cost. It was the consensus of the Commissioners to add the texting package for 300 texts or 1,000 texts to the requested phones and to block texting on all other County cell phones. IN THE MATTER OF GOVERNMENT CENTER USE
Receipt was acknowledged of an email from Jack Sadler, Hendricks County Sheriff Deputy, requesting the use of the Government Center for Emergency Response Training for training of the emergency response of deputies as they have done in previous years. He stated this training would be conducted on a Friday evening from 4 - 8 PM when there are no meetings in the building and we could notify employees of the training so they would not plan to be in the building. It was the consensus of the Commissioners to approve the use of the
Government Center for emergency response training as requested.
IN THE MATTER OF APPOINTMENTS
The list of appointments was presented.
Commissioner Wathen moved to reappoint:
John Ayers, County Engineer Michael Graham, Administrator to County Commissioners Lori Turpin, Veterans’ Service Officer Charles Colbert, Weights and Measurers Inspector David Warren, Emergency Management Dir. County Attorney Gregory E. Steuerwald Gordon Hitchings to serve as the Commissioners’ appointee to the ABC Board thru 12-31-10.
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Commissioner Boards for 2010: Commissioner Wathen moved to reappoint the following Commissioners to serve on the respective boards on behalf of the Commissioners:
Plan Commission Eric Wathen Senior Services Phyllis Palmer Fair Board Phyllis Palmer Cypress Manor David Whicker, Phyllis Palmer and Eric Wathen Tourism Commission Richard A. Thompson Animal Control David Whicker Economic Development Partnership Eric Wathen Technology Board Phyllis Palmer, Eric Wathen and David Whicker Service Advisory Board for Indy Water Mike Graham Air Quality Advisory Board Mike Graham Regional Sewer Board Phyllis Palmer, Eric Wathen, David Whicker Emergency Management Eric Wathen Stormwater Management Commissioners and Surveyor Communications Board David Whicker Fleet Management Committee Phyllis Palmer Homeland Security Board Steve Cook
Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Commissioner Palmer moved to reappoint Stan Ryland to serve on the Drainage Board thru December 31,
2013. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
It was the consensus of the Commissioners for Phyllis Palmer to be the Commissioners’ representative on the Health Insurance Committee thru 12-31-2010.
Commissioner Palmer moved to reappoint Sharon Brock to serve on the Hospital Association thru December
31, 2013. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
It was the consensus of the Commissioners for Jay Puckett to serve on the Hendricks County Fast Start, as needed.
Commissioner Wathen moved to reappoint Robert Brenneman, Steve Denhart and Bruce McDaniel to serve on the Redevelopment Commission through December 31, 2010. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0. It was noted Harold Hiser and Linda Watson Stansbury are appointed by the Council. It was also noted the term of Judy Pingel, non-voting member representing the school board, will expire June 30, 2010.
Commissioner Wathen moved to reappoint Dan Devlin, Karl Buetow and Don Allen to serve on the
Redevelopment Authority through December 31, 2010. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
It was the consensus of the Commissioners to reappoint Nancy L. Marsh, Hursel C. Disney and Stan Bassett to serve on the Economic Development Commission, as needed, thru December 31, 2010.
Receipt was acknowledged of a letter from Kathleen Corbin requesting to be reappointed to the Board of
Trustees of Hendricks Regional Health for a third term. A letter was also received from Terry Dillon, President of the Board of Trustees, recommending the reappointment of Ms. Corbin, but also submitting for consideration the names of Linda Conti and Jo Mead-Rush. Commissioner Wathen moved to reappoint Kathleen Corbin to the Hendricks Regional Health Board of Trustees for another four-year term through December 31, 2013.
Commissioner Palmer seconded the motion and the motion was approved unanimously.
Receipt was acknowledged of a letter from Terry Dillon, President of the Hendricks Regional Health Board of Trustees, advising that Dr. Daniel Reed will become an employee of Hendricks Regional Health, in January
2010, therefore, he will resign his seat on the Board as this would be a conflict of interest. The term of Dr. Read will expire December 31, 2009. Mr. Dillon submitted the names of Chuck Nelson, DDS; Michael Flood, M.D; and Tom Richardson, M.D. to fill this vacancy. Commissioner Palmer moved to appoint Chuck Nelson, D.D.S. to replace Dr. Daniel Reed on the Hendricks Regional Health Board of Trustees for a four-year term that would expire December 31, 2013. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. There was discussion that Dr. Nelson currently serves on the Hospital Association Bond
Board and that Dr. Nelson should be replaced on this board. An appointment for this replacement should be determined at a later date.
Commissioner Wathen moved to reappoint Larry Hesson to serve on the Regional Transit Authority Board through December 31, 2010. Commissioner Whicker seconded the motion and the motion was approved unanimously 3-0-0.
There was a brief discussion of the Plan Commission and it was the consensus of the Commissioners for
Commissioner Wathen to continue serving on the Plan Commission as the Commissioners’ representative.
It was the consensus of the Commissioners to remove the Insurance/Personnel Committee as this board has been replaced by the Health Insurance Committee.
It was the consensus of the Commissioners to reappoint Ben Comer to serve on the Danville Economic
Development Commission as the Commissioners’ representative thru 12-31-10.
It was noted appointments to the various library boards would be done at the request of the library director for each library.
It was the consensus of the Commissioners to reappoint Phyllis Palmer to serve as the Commissioners’ representative on the Gordon Graham Advisory Council.
It was noted to eliminate the appointment of Citizen Advisor to the Commissioners as the appointee is now deceased and it was determined this position was no longer needed.
Commissioner Palmer moved to appoint Lynne Fuller to replace Dean Turner on the Health Board through
December 31, 2013. Commissioner Wathen seconded the motion and the motion was approved unanimously
3-0-0.
Commissioner Wathen requested to continue the appointment to replace Dr. Harold Power, DVM. on the
Health Board in order to check further on a possible appointee. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Commissioner Wathen moved to reappoint John A. Daum, Richard P. Myers and Bret Wathen to serve on the County Wage Determination Committee thru December 31, 2010. Commissioner Palmer seconded the motion and the motion was approved unanimously 3-0-0.
Commissioner Whicker moved to reappoint David Wyeth to serve on the Hoosier Heartland RC&D thru
December 31, 2010. Commissioner Palmer seconded the motion and the motion was approved unanimously
3-0-0.
It was the consensus of the Commissioners for Commissioner Palmer to serve as the Commissioners’ representative on the Workforce Development Board.
There was discussion of the Weed Board. It was the consensus of the Commissioners for Joyce McClain,
Brown Township Trustee; Bill Rawlings, Soil & Water; Jerry Sparks, Highway Department; and Virgil
Webster, Citizen; to serve on the Weed Board, as needed.
It was the consensus of the Commissioners to remove the organization committee for the Emergency
Management Advisory Council as that council has now been formed.
It was noted the Incentive Committee is now the Recognition Committee. It was the consensus of the
Commissioners for the Recognition Committee to consist of: Commissioner Phyllis Palmer, Treasurer Nancy
Marsh, County Engineer John Ayers, Engineer, Administrator to County Commissioners Mike Graham and
Human Resources Director Ron Love, and to meet as needed. IN THE MATTER OF ELECTION OF 2010 OFFICERS
Commissioner Palmer moved to appoint Commissioner Whicker as President of the Hendricks County
Board of Commissioners for 2010. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
Commissioner Palmer moved to appoint Commissioner Wathen as Vice President of the Hendricks County
Board of Commissioners for 2010. Commissioner Whicker seconded the notion and the motion was approved unanimously 3-0-0. IN THE MATTER OF COMMISSIONERS’ MEETINGS 2010
Commissioner Palmer moved for the Hendricks County Board of Commissioners to meet every Tuesday in
2010 at 9:30 AM in the Hendricks County Government Center with the exception of the fifth Tuesday and on this fifth week there would be no meeting. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0. IN THE MATTER OF CORRESPONDENCE
Commissioner Whicker acknowledged receipt of the following correspondence:
Correspondence:
1. IDEM, Office of Air Quality, Permit Administration Section, Harlan Bakeries Inc., Receipt of Air Permit Application.
2. Hendricks County Soil & Water Conservation District, Landfill Erosion and Sedimentation Review, Twin Bridges Recycling and Disposal Facility.
Action needed/taken on the following:
1. Checks received and signed to the county: None
2. Whicker signed vehicle titles for the following: None
3. Documents needing action:
a. The Cincinnati Companies Bond Release Chris Morphew b. The Cincinnati Companies Bond Release Norman Gulley IN THE MATTER OF CENTER TOWNSHIP PRECINCT COMMITTEEMEN
Receipt was acknowledged of the December 4, 2009 letter from Keith Gill, Danville District Republican
Chairman, relative to the unanimous belief of the ten committeemen in Center Township that the new judicial center should remain on the square in Danville. IN THE MATTER OF EXECUTIVE SESSION
Commissioner Whicker read the following memo regarding the 8:00 AM Executive Session:
M E M O
TO: File DATE: December 22, 2009
We hereby certify that the only matter discussed during the Hendricks Board of Commissioners 8:00 AM Executive Session on this date, duly published by means of the posted Agenda, was the only item listed on said Agenda and no final action was taken.
Hendricks County Board of Commissioners
David A. Whicker, President Phyllis A. Palmer, Vice President Eric L. Wathen, Member IN THE MATTER OF WEIGHTS AND MEASURES
Receipt was acknowledged of the December 15, 2009 monthly Weights and Measures report from Charles
Colbert, Inspector. IN THE MATTER OF CYPRESS MANOR
Receipt was acknowledged of the December 6 to December 19, 2009 Cypress Manor report from James
McBryant, Cypress Manor Administrator. IN THE MATTER OF HUMAN RESOURCES
Receipt was acknowledged of the weekly Human Resources report for December 14 - 18, 2009 from Ron
Love, Human Resources Director. IN THE MATTER OF PLANNING & BUILDING
Receipt was acknowledged of the November 3, 2009 and December 10, 2009 monthly Report of Collections from Don Reitz, Planning Director. IN THE MATTER OF SETTLEMENT
Auditor Cinda Kattau announced the county taxing unites will receive their settlement funds on Wednesday,
December 23, 2009.
IN THE MATTER OF WARICK LANDFILL - BROWNFIELD LOAN
Mike Graham stated he received an email stating the County has received no payment from the Warrick
Landfill that was covered by the Brownfield Loan. IN THE MATTER OF STATE BOARD OF ACCOUNTS – EXIT INTERVIEW
Auditor Cinda Kattau stated the State Board of Accounts has scheduled the annual Exit Interview at 9:00
AM on Wednesday, December 23, 2009 in the Government Center and that she and Commissioner Whicker would attend. IN THE MATTER OF CALENDAR
Commissioner Whicker announced the Employee Christmas Luncheon would be held at noon on Thursday,
December 24, 2009 in the Hendricks County 4-H Fairgrounds Complex and that all County offices would be closed on Friday, December 25, 2009 in observance of Christmas.
Commissioner Whicker also stated all County offices would be closed on Friday, January 1, 2010 in observance of New Year’s Day. IN THE MATTER OF EXECUTIVE SESSION
Commissioner Whicker announced there would be a 1:00 PM Commissioners’ Executive Session today to meet with department heads to discuss accomplishments and goals and stated the agenda has been posted.
Commissioner Palmer moved to adjourn the Commissioners’ meeting at11:20 AM. Commissioner Wathen seconded the motion and the motion was approved unanimously 3-0-0.
______David A. Whicker, President
______Phyllis A. Palmer, Vice President
______Eric L. Wathen, Member
ATTEST: ______Judith Wyeth, Deputy Auditor