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BE IT REMEMBERED THE BOARD OF COUNTY COMMISSIONERS met in the Henry County Courthouse Circuit Courtroom, on Wednesday, May 28, 2014, at 6:00 P.M., with the following members present: Ed Yanos, Kim L. Cronk, William D. Cronk, Patricia A. French, Auditor, Scott Hayes and Joel Harvey, County Attorneys. The meeting was opened with the Pledge to the Flag, followed with silent prayer. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to approve the minutes from the previous meeting. Motion carried 3-0. A motion was made by Mr. William Cronk and seconded by Mr. Kim Cronk to approve the payroll as presented. Motion carried 3-0. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to approve the claims as presented. Motion carried 3-0. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to accept monthly reports submitted by: County Attorney report for January to April, Henry County Meds, Drainage Board, April First Merchants Food & Beverage, Clerk, Henry County Saddle Club, Henry County Summary Savings Report for 4 th quarter, Treasurer, IGMS Grant, Intech, Saddle Club Minutes and Regions Bank for the 911 account. Motion carried 3-0. A motion was made by Mr. William Cronk and seconded by Mr. Kim Cronk to accept the Notice of Safety Training meeting for June 3 rd from 8:30 A.M. to 9:30 A.M.. Motion carried 3-0. Doug Mathis, Health Department, introduced representatives, Drew Linn and Jason Bourg, from WDD Software Company. Mr. Mathis presented their contract for approval, which was an agreement to develop CRM Database for the department. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to approve the contract as presented. Motion carried 3-0. Jerry Libby, along with other representatives from Southwest Regional Waste District, addressed the Commissioners concerning a planning grant they were pursuing. They wanted permission to move forward with the process. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to give them permission to move forward only if there is a spot for Henry County, since the County is only allowed two planning grants per year. Motion carried 3-0. Zach Bernover and Stephanie Steltenpohl from Liberty National Insurance approached the board wanting permission to talk to employees concerning their insurance policies they have available. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to give permission for them to survey the employees first to see how many would be interested. Motion carried 3-0.

A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to approve a two year contract with Automated Logic. Motion carried 3-0. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to grant permission for the County Attorneys to proceed with the purchase of property located in front of Wal-Mart, owned by New Castle Land Company. Motion carried 3-0. A motion was made by Mr. William Cronk and seconded by Mr. Kim Cronk to allow the art students to paint a mural on the east exterior wall of the CID Building located at 1426 Broad Street. Motion carried 3-0. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to accept the notice received concerning the non-renewal of the County s liability insurance. Motion carried 3-0. A motion was made by Mr. William Cronk and seconded by Mr. Kim Cronk to approve a bid from Myers Furniture & Carpet for new flooring, at a cost of $3854, in the Probation Department. Motion carried 3-0. Rachel White, Zoning Administrator, presented two zone map changes for approval. Case B: 2162 PRO #419, was a request from Jay Hale to rezone approximately 4.8 acres from Agriculture (A-1) to Residential (R1). The property is located at 1550 N Wilbur Wright Road, Mooreland, In and in Liberty Township. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to approve the request as presented. Motion carried 3-0. The second request, case B: 2163 PRO #420, was from the Henry County Redevelopment Commission, requesting to rezone two parcels of 5.7 acres from General Business (GB) to Highway Business (HB-2). The property is located just north of Interstate 70 on the west side of State Road 3 and in Spiceland Township. A motion was made by Mr. William Cronk and seconded by Mr. Kim Cronk to approve the request as presented. Motion carried 3-0. Mrs. White also presented two names for consideration for a replacement on the Board of Zoning Appeals. Liz McDonnell and Cathy Hamilton were recommended to fill the position of Roger Dickinson. A motion was made by Mr. William Cronk and seconded by Mr. Yanos to approve Cathy Hamilton to fill the vacant position. Motion carried 3-0. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to approve the bond for Joe Manis, Harrison Township Trustee. Motion carried 3-0. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to accept the Jail Inspection report as presented. Motion carried 3-0.

A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to accept complaints from John Waterman and Amy Febrick, and to forward to the county attorneys for review. Motion carried 3-0. Steve Rust presented two utility easements for approval. Both were from Nine Star Connect. A motion was made by Mr. Yanos and seconded by Mr. William Cronk to approve one utility agreement for Directional Boring on CR200W and installation of HDPE conduit and fiber optic cable at 1970 N 200W. Motion carried 2-0, with Mr. Kim Cronk abstaining. A motion was made by Mr. Yanos and seconded by Mr. William Cronk to approve the second county utility agreement with Nine Star for fiber optic cable and HDPE duct located in Cadiz. Motion carried 2-0, with Mr. Kim Cronk abstaining. Mr. Rust also inquired about his copy fee amount. He would like to raise his fees and was inquiring on what the next step should be. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to have the county attorney draw up a resolution to increase the fee schedule along with researching the legalities and allowable fees for selling digital data. Motion carried 3-0. A motion was made by Mr. Yanos and seconded by Mr. Cronk to have the county attorney research the tax sale property on Roosevelt Ave., which was sold and then rescinded. Mike McKown was the next highest bidder so he is interested in purchasing the property. Motion carried 3-0. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to re-sign an LPA invoice for Wilbur Wright Trails in the amount of $14,090.20. Motion carried 3-0. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to approve the SRI Tax Sale Support Services Addendum. Motion carried 3-0. A motion was made by Mr. Yanos and seconded by Mr. William Cronk to approve the Congressional School Report for 2013. Motion carried 3-0. Josh Estelle, Insurance representative, addressed the Commissioners concerning the insurance renewal. Mr. Estelle stated they did go outside and bid the insurance but the savings would be less than 10%. His recommendation was to stay the course with Anthem. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to renew the contract with Anthem Blue Cross/Blue Shield. Motion carried 3-0. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to approve an Interlocal Agreement with Dunreith regarding golf carts. Motion carried 3-0. INTERLOCAL COOPERATION AGREEMENT BETWEEN THE TOWN OF DUNREITH HENRY COUNTY, INDIANA

AND THE BOARD OF COMMISSIONERS OF HENRY COUNTY, INDIANA FOR THE ENFORCEMENT OF TOWN ORDINANCE VIOLATIONS WHEREAS, I.C. 36-1-7-1 et seq. provides, inter alia, for interlocal cooperation agreements between Indiana political subdivisions; and, WHEREAS, the Town of Dunreith has adopted an ordinance authorizing and regulating the operation of golf carts in the Town of Dunreith, Indiana; and, WHEREAS, the Town of Dunreith has no law enforcement department nor any Town Marshall or constable to enforce the provisions of such ordinance; and, Sheriff; and, WHEREAS, Henry County, Indiana has a similar ordinance which is enforced by the Henry County WHEREAS, the Town of Dunreith desires to contract with Henry County for the Henry County Sheriff s Department to enforce said Town ordinance and the Henry County Sheriff s Department is willing and able to enforce such ordinance; and, WHEREAS, the Town has previously entered into an agreement with the City of New Castle, providing for the trial of Town ordinance violations by the New Castle City Court and the collection of all fines and costs by the Clerk of the New Castle City Court; NOW THEREFORE, the parties agree:

1. This Agreement shall be in full force and effect from its effective date defined below until termination as provided below. 2. The purpose of this Agreement is to enforce the golf cart ordinance #2014-4, an ordinance authorizing and regulating the operation of golf carts in the Town of Dunreith, Indiana by the Henry County Sheriff s Department as aforesaid. 3. The enforcement of said ordinance will not create the need for any additional staffing for the Henry County Sheriff s Department and the only funds to be generated by the enforcement of said ordinance will be for the inspection and registration of golf carts by the Town and the fines and costs to be generated for violations of said ordinance. 4. The Town will budget for and provide funds to the Henry County Sheriff s Department as may be necessary to provide for the efficient enforcement of the above-described ordinance. 5. The Town has previously entered into an interlocal agreement with the City of New Castle which provides for the prosecution of violations of said ordinance and the collection of costs and fines as a result of said violations which said interlocal agreement provides for the collection and disbursement of the funds collected. 6. In the event it becomes necessary for the Henry County Sheriff s Department to make a charge for its enforcement activities hereunder, said charge shall be discussed with the Town of Dunreith and upon agreement as to the charge to be made, said charge shall be paid out of the funds collected by the Town pursuant to said ordinance.

7. Either party may terminate this agreement upon sixty (60) days written notice to the other which shall be by certified mail, return receipt requested or by personal service as follows: a. If to the Town of Dunreith, at: b. If to Henry County, at : 8. This Agreement is effective upon the later of: a. The date of its execution; b. The date approved by the Town fiscal body; c. The date approved by the County fiscal body; d. The date of recordation with the Recorder of Henry County, Indiana. 9. In addition to recordation with the Henry County Recorder, this agreement shall be filed with the State Board of Accounts for audit purposes within sixty (60) days after it takes effect. Dated this day of, 2014.

Highway sealed bids were opened from MacAllister Machinery, Southeastern and Hoosier Equipment LLC. The bids were for a Boom Mower Tractor. After review a motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to approve the low bid from MacAllister Machinery of $75,890. Motion carried 3-0. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to accept the Annual Operational Report for the Highway Department. Motion carried 3-0. Mr. Wiley, Highway Supervisor, also informed the Commissioners on the financing for the chip spreader box. The total to be financed is $168,497. Mr. Wiley had quotes from the bond bank, Mainsource and Citizens State Bank. After review a motion was made by Mr. William Cronk and seconded by Mr. Kim Cronk to approve Citizens State Bank, at an interest rate of 2.49% with a fee of $125. Motion carried 3-0. Joe Copeland presented numerous items to the Commissioners for approval. Mr. Copeland presented to each Commissioner the estimated costs to bring Whittier Road-Knightstown Lake Addition, up to standards and a lesser cost alternative to chip and seal. The cost to the alternative would be approximately $10,500. The Commissioners took the information under advisement. Mr. Copeland also presented a letter to close further purchase orders for Railroad PE (design) for the Wilbur Wright Trail. A motion was made by Mr. William Cronk and seconded by Mr. Kim Cronk to sign the letter but for the county attorney to check with Jeff Ray, the project director, before sending. Motion carried 3-0. Supplement #1 for contract with INDOT for Bridge #3 was presented for approval. The expiration date for obtaining funds in original contract needed to be extended. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to approve supplemental #1 to the original contract. Motion carried 3-0. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to approve the long range plan (8 years) for the Cumulative Bridge fund. Motion carried 3-0. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to accept the Cumulative Bridge additional appropriation request for Council approval, totaling $200,400. Motion carried 3-0. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to approve the purchase of rebar for bridge projects, not to exceed $5000. Motion carried 3-0. Mr. Copeland also presented quotes for guardrail on Bridge #193 and bridge waterproofing membranes along with estimated costs on bridge #193, which totaled $148,347.30. Interlocal agreement for Enhanced 911 was presented for approval. Mr. Kim Cronk asked if the County Attorney had reviewed the agreement. Mr. Hayes stated he had reviewed the document and everything seemed to be in order. A motion was made by Mr. William Cronk and seconded by Mr. Kim Cronk to approve the agreement as presented. Motion carried 3-0.

INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTY OF HENRY AND THE CITY OF NEW CASTLE POLITICAL SUBDIVISIONS OF THE STATE OF INDIANA Pursuant to the provisions of IC 36-1-7, the undersigned executives of the County of Henry, Indiana (hereinafter County ) and the City of New Castle, Indiana (hereinafter City ), with the approval of their respective fiscal bodies, enter into this agreement concerning their cooperative efforts in operating an Enhanced Emergency Telephone System, known as E911, in Henry County, Indiana (hereinafter E911 ). NOW THEREFORE, the parties agree: I. PURPOSE

The purpose of the agreement is to outline the respective duties and management of the parties in operation and maintenance of E911 for Henry County. II. DURATION This contract will take effect January 1, 2014, and shall expire December 31, 2015 and shall automatically renew annually thereafter indefinitely. Shall either party wish to terminate or modify this agreement, notice must be given by June 30 th of the preceding year so that each entity may accurately budget for the proposed changes. If the City wishes to change or terminate this contract, they must send their notice (via certified U.S. Mail) to 101 S. Main Street, New Castle, IN. 47362 c/o the Henry County Commissioners. And if the County wishes to change or terminate this contract, they must send their notice (via certified U.S. Mail) to 227 N. Main Street, New Castle, IN. 47362 c/o the office of the Mayor. OPERATION OF E911

A. ADVISORY BOARD (1) The parties shall create a nine-member (9) advisory board to be known as the Henry County Emergency Services Board, which will advise the City and the County executives on policy, operating procedure, budgets and personnel matters involving E911 dispatch. This advisory board shall be made up of the following appointees: (a) Two (2) representatives from Law Enforcement, who shall consist of the Sheriff of Henry County and the Chief of the New Castle Police Department. (b) One (1) representative appointed by the Henry County Firefighters Association. (c) One (1) representative from the New Castle Emergency First

Aid Unit or New Castle Fire Department. (d) One (1) representative appointed by the County Executive. (e) One (1) Telecommunications Officer from the 911 Center. (f) One (1) representative appointed by the City Executive. (g) One (1) representative appointed by Middletown Town Executive. (h) One (1) representative appointed by Knightstown Town Executive. (2) TERM. All appointments shall be made for one (1) calendar year. Each appointing authority shall notify the City and County of its appointments on or before January 1 of each year. (3) MEETINGS. The advisory board will meet as needed upon the Call of any appointing authority.

B. STAFFING The Henry County Sheriff shall appoint one (1) communication co-director from the County s Emergency personnel. The City Executive shall appoint (1) communication co-director from the City s Emergency Services. The communication co-directors shall fill that position separate and apart from any position that they may hold with their respective department. The City and the County agree that there are eight (8) full-time dispatchers (4 Supervisors, and 4 dispatchers; and supplemental part-time dispatchers. (City Budget Estimate attached.) C. MANAGEMENT The 911 Center shall be a department of the County. Its management and operation shall be under the sole supervision of the County. The

County shall have exclusive control of its employees which shall be governed by the internal policy manual adopted by the Henry County commissioners. The County will be responsible for all hiring, firing and discipline of E911 employees. All budgetary responsibilities with regard to the E911 center including the payment of wages, benefits, and PERF shall be the sole responsibility of the County. Nothing herein shall prohibit the County from making organizational changes provided the level of service remains unchanged. D. FACILITIES AND EQUIPMENT All equipment utilized by E911 shall be the sole and exclusive property of the County. The facility utilized by E911 shall be under the exclusive control and

subject to the policies of the County. III. COST ALLOCATION A. Commencing January 1, 2014, the City agrees to pay the sum of Two hundred twenty five thousand eight hundred sixty four dollars ($225,864.00) to the County annually, As its Share of answering the City s administrative calls, maintaining and Staffing the City s administrative calls, maintaining and staffing, And, the cost Of operating & maintaining the County-wide E911 System (Enhanced Emergency Telephone Dispatch System). (See attached City E911 budget) B. The County agrees to pay all other salaries, benefits and expenses that are Required to operate the Henry County 911 Center. C. Claims for payment from the City to the County shall be presented for one Payment of the amount due on June 1, each year, and the said claims

Shall be paid within thirty (30) days of receipt of said claim. D. The City, County, and Henry County E911 agree to pay one-third (1/3) of All maintenance costs and computer upgrades for the Spillman computer System, Vertical Integrated hardware, Motorola and Taylored Systems. (Per attached City E911 Budget) The Towns of Middletown and Knightstown shall be billed two thousand Dollars ($2,000.00) each annually for the usage of the system. IV. MISCELLANEOUS ITEMS The agreement replaces and supercedes the interlocal cooperation agreement that will terminate on December 31, 2015. All parties enter into this agreement in good faith and with a full understanding of the facts. In the event a dispute arises regarding the

terms of this agreement, the parties shall attempt to mediate any dispute. This agreement represents the complete understanding of the parties, relative to the issues set forth herein. ADOPTED BY THE BOARD OF COMMISSIONERS OF HENRY COUNTY BY A VOTE OF IN FAVOR AND OPPOSED THIS DAY OF, 2014. Laurie Davis, Park Superintendent, presented bids and financing for two mower tractors. The Commissioners had asked her to return with the financing details before approval of purchase. One bid was for a used Farmall 75C loader totaling $26,000, from Bane-Welker and the other was for used Toro Groundsmaster 4000-D totaling $25,000, from Kenney Machinery. A motion was made by Mr. William Cronk and seconded by Mr. Kim Cronk to approve the purchases and to finance through Citizens State Bank, at a rate of 2.5125%, the lowest of three different quotes. Motion carried 3-0. Mr. Yanos opened discussion concerning the Saddle Club Lease Agreement. Mr. Yanos showed the map with different colored areas the Saddle Club uses. The map showed 19.13 acres currently being used for shows, red area (County Home) 3.64 acres, wanted to be able to use when needed and the yellow area, 1.243 acres for parking. There were questions raised about the 19.13 acres being more than the original 14 acres in the previous management agreement. Scott Hayes, County Attorney, stated he did not think the original amount was correct. Rebecca Baker, along with Randy Sorrell, Saddle Club attorney, addressed the Commissioners, stating they had been working with the County Attorney, to iron out some changes needed. David Dudley, Park Board President, along with board members Mike Burch, Gene Clark and their attorney, Sean Devenney, voiced their concerns about not being included in any discussions prior to the meeting when the first draft of the lease was presented. Mr. Yanos stated he had met with Mr. Dudley and Jeff Ray and felt like the Park board had not been shut out of the negotiations. Mr. Dudley stated he felt the Commissioners were trying to take the authority of the park board away. Mr. Burch stated he could not understand why the park board would be left out when they are one of the major parties involved. Scott Hayes, County Attorney, stated from all his research the Commissioners own the real estate and they are the appropriate body to enter into any lease agreement. Mr. Yanos stated his goal all along was to move toward a lease that would allow the Henry County Saddle Club to feel they had the long term security to invest considerable money into the facility to draw more people to Henry County. Mr. Kim Cronk stated he wanted to avoid costly legal actions on behalf of all parties involved and hoped everyone could come to a mutual

agreement. Mr. Kim Cronk made a motion to include the park board on any negotiations, his motion died due to a lack of a second. Scott Hayes, county attorney, stated he and Mr. Sorrell would get together and come up with a final draft on the lease agreement for the meeting June 25, 2014. Mr. Kim Cronk made a motion that once the final draft is complete the county attorney need to send the draft to all parties involved, Park Board, Saddle Club and the 4-H, for their review. Mr. William Cronk seconded the motion. Motion carried 3-0. A motion was made by Mr. Kim Cronk and seconded by Mr. William Cronk to adjourn the meeting. Motion carried 3-0. Ed Yanos, President Kim L. Cronk, Vice President William D. Cronk ATTESTED BY: Patricia A. French, Henry County Auditor