COUNTY COUNCIL MEETING

REGULAR SESSION

MARCH 16, 2004 at 6:30 p.m.

ATTENDANCE:

COUNCIL:                       Mitchell Proctor, President

                                      Darrel Thomas, Vice President

                                      Lana schimpf

                                      Richard Lyon

                                      Keith Berry

                                      Nancy Fogle

                                      Larry Parker

ATTORNEY:                    Timothy Bookwalter

COMMISSIONERS:         Gene Beck, President

                                      Donald Walton, Vice President

AUDITOR:                       Kristina Warren

AUDIENCE:                    Thirty Individuals

The County Council met in regular session on March 16, 2004 at 6:30 p.m. at the Courthouse annex.  The pledge to the flag was given.

REAL ESTATE OFFICE ADDITIONAL

Anita Peters and Wanda O’Neal attended the meeting to answer any questions.

678-10125-105                        $4,630.00

Unemployment

REASON: The county agreed to not fight appeal of unemployment claim in lieu of the possibility of an EEOC – ADA lawsuit and investigation.  This claim would cover that agreement.  This claim is for Trisha Shrader to be paid $246 per week or $4,630 in total.

Darrel Thomas made the motion to allow; Larry Parker seconded.  The motion carried. 

CUMULATIVE BRIDGE ADDITIONALS

Gene Beck and Don Walton were at the meeting to present the additionals.

004-50526-790                        $25,000.00

Bridge 48

REASON: To replace Bridge 48

004-50518-790                        $50,000.00

Bridge 137

REASON: To replace Bridge 137

004-50519-790                        $50,000.00

Bridge 146

REASON: Replacement of Bridge 146

004-50569-790                        $25,000.00

Bridge 152

REASON: Replace Bridge 152

004-50527-790                        $50,000.00

Bridge 159 Historic Preservation

REASON: Rehab. of Bridge 159

004-50565-790                        $50,000.00

Bridge 199

REASON: Replacement of Bridge 199

004-50509-790                        $15,000.00

Bridge 282

REASON: Finish work on Bridge 282

004-50570-790                        $100,000.00

Bridge 286

REASON: Replace Bridge 286

The Council asked what bridges would actually be worked on this year.  Gene Beck said the only the federal aid bridge 159.  The other bridges before them tonight were to set up the accounts needed for the federal match.

Nancy Fogle made the motion to allow; Keith Berry seconded.  The motion carried.   

CUMULATIVE BRIDGE ADDITIONAL DUNBAR BRIDGE ROAD PROJECT

Mitch Proctor said the Council had received a letter from a concerned resident, Marilyn Reasor.  Ms. Reasor was in the audience tonight to state her concerns.  Ms. Reasor said she had been unaware of the project until mid-February when an article appeared in the Banner Graphic newspaper.  She had not been notified but felt someone would be coming soon.  They did not, so she started to ask her neighbors if they knew anything about it and they did not.  She was concerned with splitting farmland for the new road and the water level issue.

Steve Luther with Beam, Longest & Neff, Inc. said this would be a federal aid project.  They had to follow the guidelines set by the Federal Government.  The project had not reached the point of notifying the property owners.

Ms. Reasor was concerned with backing up of water with dams, etc.  Mr. Luther said they would not be allowed to do that.  Ms. Reasor said asked if there was not a concern with taking away and dividing cornfields.  It was hard to find renters to come with their big machines to farm the land.  Splitting it would make it more difficult.  Were they not concerned with the agricultural land?  It needed to be protected.

Mitch Proctor asked Mr. Luther if this process would include contacting the landowners to give them an opportunity to speak.  Mr. Luther said they would contact them.  The county would also offer compensation to the landowners for the property needed for the Dunbar Road Bridge project.

Keith Berry said he understood the farm concern since he was a farmer.  Was there not another possibility?  Mr. Luther said they had to look at the design and find the safest and most direct route. 

Mr. Berry said there was also concern regarding land lock.  Mr. Luther said they had looked into it.  And, they would have to get access for some individuals.

Nancy Fogle asked if this project was the best way to spend the county’s money.  She was unaware of the project until the last Council meeting.  She felt there were other areas that might be a better way to spend the money.  The county was tight with money. 

Mr. Luther said one issue they were looking at was the safety of the people.  There were individuals that could not receive emergency department care because they could not get to them because of weight limitations.

Mitch Proctor thanked Ms. Reasor and Mr. Luther for their comments and concerns brought to the Council tonight.

004-50568-790                        $100,000.00

Dunbar Bridge Road Project

REASON: 2004 expenditure needed for the Dunbar Bridge Road Project.

Gene Beck said the project would not be started until 2007.  They were just putting aside money at this time for the project.

Richard Lyon made the motion to allow; Darrel Thomas seconded.  The motion carried. 

BRIDGE 66 & 77

Gene Beck said the Commissioners would be presenting two additional appropriations at the April Council meeting.  They would be asking for $125,000 for Bridge 66 and $130,000 for Bridge 77.  Mr. Beck asked for tentative approval to start the projects so they did not have to hold them up for another month.  This would allow them to order the equipment.  The Council gave their consensus of approval.

CIRCUIT COURT ADDITIONAL & AMENDED SALARY ORDINANCE

Judge Diana Laviolette came to the meeting and James Recker.

001-10169-232                        $25,000.00

Pauper Counsel

REASON: Expenditures from this account total over $12,000 for the first two months of 2004.  We have no reason to believe that expenses will decrease during the remainder of the year.  The costs are beyond the control of this office.

Judge Laviolette also brought up the amended salary ordinance for the public defender.  She felt the current salary was not sufficient for the workload and responsibility.  James Recker had been with them for around three years now.  It was hard to get and keep a qualified person for this position.  She did not think about it during the 2004 budget process.  His current salary was $34,644.  She would like to increase it to $41,664.  Mr. Recker had informed her that the workload was too much for the pay.  She had told him that she would try to increase the salary to compensate for the time involved in doing the job.  Judge Laviolette said they could apply for a State program to get reimbursement monies.  She asked him if she could get the salary increased if he would stay.

Mr. Recker explained he had started in 2000 and it was supposed to be a part time job of 20 hours a week.  The workload had increased by 25%.  Mr. Recker explained the process and the work involved.  They were trying to reach the goal by the end of the year to make it under the State.  It would essentially be a State Public Defender Department.  He said they were online to have 360 work cases.  That was a crushing workload for a full time defender let alone a part time one.

The Council said they would like more information regarding the State program.  The State does not give money without asking for something in return.

Judge Laviolette said she could reduce the additional appropriation request from $25,000 to $20,000. 

Darrel Thomas made the motion to allow the additional of $20,000; Keith Berry seconded.  The motion carried.

The Council asked if the Public Defender was already under the county benefit program.  Judge Laviolette said he was.  They were just asking for a $7,000 increase in salary.  Keith Berry made the motion to approve the salary ordinance; Larry Parker seconded.  The motion carried.

PUBLIC DEFENDER ADDITIONALS

Judge Diana Laviolette was at the meeting to answer any questions.

001-10116-529              $8,752.17

Secretaries Salaries

001-10112-529              $8,117.50

Part Time Employee

001-20201-529              $2,000.00

Office Supplies

REASON: The amount was budgeted through the Public Defender Fund; however, the funds are critically depleted and an additional from the County General Fund is needed to maintain the office.

Nancy Fogle made the motion to allow the additionals; Keith Berry seconded.  The motion carried.

HEALTH DEPARTMENT TRANSFER

The Health Department tabled the transfer request.

D.O.C. ADDITIONALS

Sheriff Mark Frisbie was available for any questions regarding the request.

125-10112-125              $75,000.00

Part Time Employees

REASON: To continue payroll for part time employees.

Nancy Fogle made the motion to allow; Richard Lyon seconded.  The motion carried.

APPROVAL OF MEDICAL PROPOSAL

Sheriff Mark Frisbie said the proposal was the same as submitted to the Council at last month’s meeting.  Sheriff Frisbie said the only concern was medication that was not covered. (HIV and hepatitis) However, they could work around that problem.

Sheriff Frisbie said he had some county inmates that have been in the jail for a year before going to trial.  It used to be three months.  This caused more medical expenses for the jail.

Sheriff Frisbie felt this was the best option for the county and it would save an estimated $100,000 a year.  Keith Berry made the motion to approve; Larry Parker seconded.  The motion carried.  The Commissioners would need to sign the contract.

JAIL INSPECTION

Sheriff Mark Frisbie said they had a surprise jail inspection and received an A+ rating.

SOIL & WATER NEW POSITION

Melvin Nicholson addressed the Council regarding the request.  Sara Ellen Peters passed out paperwork.  Mr. Nicholson went over the information. 

Darrel Thomas asked if this position would be permanent or on a one year basis.  Mr. Nicholson said this would be a permanent part time position in their budget.  There would not be any benefits and they would pay $13,000 a year.  Ms. Fogle questioned being able to find someone that was qualified for that amount of money.  Mr. Nicholson said the board did not feel that would be a problem.

Lana Schimpf asked how comfortable they would be doing this on a trial basis for this year.  Mr. Nicholson said that was more than what they had now.  What would need to be submitted to the Council?  Ms. Schimpf said a regular update on what was being accomplished.  Keith Berry said the Council would want to know what projects were being done and the money coming into the county due to it. 

Darrel Thomas said he was uncomfortable with the precedence they would be setting.  The Council would be approving a $13,000 part time position and he did not think there was any county office that would not like to have this position to help their workload.  He could see the possibility of other department heads coming forth asking for additional money for help.  He was not saying it would happen, but it could.  Lana Schimpf said this department had shown the money loss by not having this position.  Mr. Thomas said he was not putting a money value of this versus another department.

Nancy Fogle made the motion to approve for 2004 and would be reviewed again during the 2005 budget process.  Mr. Nicholson said the salary was $13,000 plus $2,000 for supplies; Lana Schimpf seconded.  Mitch Proctor asked if he understood correctly that the State took away help from their department.  Mr. Nicholson said the State took two full time individuals and replaced them with one part time person.  The motion carried.

Mitch Proctor wanted to emphasize that the 2004 budgets had not been approved yet by the State.  Once the county hears back from the State the Council may need to make cuts to stay under levy.  They may have to look at cutting the funding just approved.  He just them to be aware of the possibilities.

TREASURER’S OFFICE REGARDING 2002 PAYABLE 2003 PROPERTY TAXES

Janet Deaton, Treasurer and her deputy Sharon Freeman came to address questions from the Council.  It was Ms. Deaton’s impression that the Council had asked at the last meeting for her to come to tonight’s meeting.  She explained that she had done her part of the distribution and it was now in the Auditor’s Office. 

Auditor Kristina Warren stated that was correct.  Currently her office was data entering the thousands of deductions filed this past year.  All of the deductions must be entered to enable her to certify the net assessed values to the State. 

After some discussion, the Council thanked the Treasurer and Auditor offices for their work and for updating them on the status of the distribution. 

FEBRUARY 17, 2004 MINUTES

Lana Schimpf made the motion to approve; Larry Parker seconded.  The motion carried.

WELFARE LINE OF CREDIT

Keith Berry made the motion to approve; Darrel Thomas seconded.  The motion carried.

RAINY DAY FUND MONEY

The Council questioned what they could spend the money on in the county. 

COMMITTEE REPORTS

Lana Schimpf:

Welfare - Change in how much money the State will give them.  As presented they will be short around $121,000. 

Richard Lyon:

Humane Society - Met with Joanne Cole on expenditure forms and has been visiting once a week.  They recently got a Judge from Vigo County appointed to handle the dispute.  No county money would be used for the trial.

Keith Berry:

Development Center - Talked about a plant that would be nice for the community regarding jobs and a nice place for the farmers to sell their grain.  They spoke about an ethanol plant in Cloverdale and the Mallory Plant.

Darrel Thomas:

W. Central – It had been a normal monthly meeting and there was nothing to report.

Mitch Proctor:

Letter from Putnam Energy Center stating Putnam Power Project would start in summer of 2004.  Also, received was paperwork from FB Distro and Lone Star Industries.

Larry Parker:

Plan & Zoning - On April 8 they will take over the two-mile fringe for the Town of Cloverdale.  There were a few problems with planning and zoning in the county. 

Nancy Fogle:

Operation Life - PMH had not turned over the ambulance yet.  Courthouse Centennial Committee – They would start working on the north side of the courthouse in two weeks.  The steps would be changed and a stage would be built for the Heritage Festival.  The material and labor had been volunteered. 

MAIL

The Council received minutes of the February 11, 2004 Humane Society Board meeting.

ADJOURN

Darrel Thomas made the motion to adjourn; Lana Schimpf seconded.  The motion carried unanimously.

__________________________________   __________________________________

Mitchell Proctor, President                     Darrel Thomas, Vice President

__________________________________   ___________________________________

Lana Schimpf                                         Richard Lyon

__________________________________   ___________________________________

Keith Berry                                             Nancy Fogle

__________________________________   ___________________________________

Larry Parker                                           Attest: Kristina Warren, Auditor