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BE IT REMEMBERED THAT THE BOARD OF COUNTY COMMISSIONERS met in the

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BE IT REMEMBERED THAT THE BOARD OF COUNTY COMMISSIONERS met in the ...

BE IT REMEMBERED THAT THE BOARD OF COUNTY COMMISSIONERS met in the

    Commissioner’s Courtroom, Henry County Courthouse, Wednesday, October 28, 2009 at 7:00 p.m. with the following members present: Kim L. Cronk, William D. Cronk, Samuel R. Beckenbaugh, Linda S. Ratcliff, Auditor and County Attorney Joe Bergacs.

    President Cronk opened the meeting with the Pledge of Allegiance followed by a moment of silent prayer.

    A motion was made by Mr. William Cronk and seconded by Mr. Beckenbaugh to approve the minutes from the October 14, 2009 meeting as submitted. Motion carried 3-0.

    Payroll, time cards and deductions were presented by the Auditor’s office for payment on 10/30/09. A motion was made by Mr. Beckenbaugh and seconded by Mr. William Cronk to approve payroll, time cards and deductions as presented. Motion carried 3-0.

    Mr. Beckenbaugh made a motion that beginning immediately any employee who is paid by a time card would be required to do the following: Submit detailed accounting records of time card activity. If an electronic format is available then it must be used. If no electronic device is available then each employee will completely fill in the hours worked and the hours used. Time cards are to be completely detailed with hours totaled. Start and end times are to be clear, as well as lunch. Hours off for comp time, vacation time, sick time, etc. are to be clearly documented. Elected officials and department heads are responsible for the accuracy and reporting of hours worked. Payment will not be received for incomplete or inaccurate reporting. Mr. William Cronk seconded the motion. Motion carried 3-0.

    A motion was made by Mr. William Cronk and seconded by Mr. Beckenbaugh to accept the following monthly reports: Motion carried 3-0.

     Clerk

     Treasurer

     IPEP

    A request for a hearing on the Henry Township Trustee’s denial of poor relief benefits for Carson E. Purvis was received. A motion was made by Mr. William Cronk and seconded by Mr. Beckenbaugh to have the hearing on November 11, 2009 at 7:30 p.m. in the Commissioner’s Courtroom during their next regularly scheduled meeting. Motion carried 3-

    0. Mr. Purvis will be notified.

    IDEM submitted a copy of a request for completion of renewal permit for Edward Houchins, 8714 S 400 W, Spiceland, Indiana 47385. The permit is for a confined animal feeding operation and must be received by April 18, 2010.

    The Liberty National payroll deduction insurance program was discussed with the Commissioners. Carol Monroe representing Liberty National had called to discuss the fact that the Auditor’s office had not withheld payments from employees who had enrolled in the program. Linda Ratcliff, Henry County Auditor informed the Commissioners that she had told Mrs. Monroe that no authorization forms had been turned in by any Henry County

    employee and the Auditor’s office had no authority to withhold from payroll any deductions without employee authorization. Mrs. Ratcliff told Mrs. Monroe that she would need to speak with the County Commissioners before proceeding with her program.

    A letter was received from the Henry County Convention and Tourism Bureau asking that Cheryl Tichenor be appointed to the bureau. Mr. Dennis Hamilton is currently serving but has asked that he not be reappointed when his term is up December 31, 2009. A motion was made by Mr. Beckenbaugh and seconded by Mr. William Cronk to appoint Cheryl Tichenor to the Convention and Visitor’s Bureau beginning January 1, 2010 and ending December 31,

    2011. Motion carried 3-0.

    A motion was made by Mr. William Cronk and seconded by Mr. Beckenbaugh to appoint James Goodwin to serve at the pleasure of the President of the Board of Commissioners on the District Planning Council. Motion carried 3-0.

    Mr. Jake Massey from Taylored Systems presented a proposal for maintenance of the counties phone system that would save $76,009.72 over a period of 36 months. Mr. Massey submitted a proposal for service agreements for AT & T Metro Blitz DS1Service, AT & T ILEC CompleteLink@2.0, AT & T ILEC Centrex Service, AT & T ILEC ISDN Prime

    (ISDN PRI) Service with SDI Service, Municipal Lease Agreement. A motion was made by Mr. Beckenbaugh and seconded by Mr. William Cronk to approve the agreement with Taylored Systems as presented. The monthly cost will be approximately $2,868.40 plus applicable charges.

    President Cronk asked Elected Officials and Department Heads present if they had any business for the Commissioners. Sheriff, Butch Baker requested a control number for a grant that was being applied for. He wanted to use the county’s Dunns number. A motion was made by President Cronk and seconded by Mr. Beckenbaugh to accept the grant. Motion carried 3-0.

    Mr. Gib Hoover, Weights and Measures presented his monthly report. A motion to accept the report was made by President Cronk and seconded by Mr. Beckenbaugh. Motion carried 3-0.

    A petition for a vacation of an Alley was presented. After testimony from Mr. Phenis, who asked for the vacation, and Mr. Casey and Mr. Scholl who were opposed to the vacation, a motion was made by Mr. Beckenbaugh and seconded by Mr. William Cronk to table a decision on the property until the November 11, 2009 meeting.

    Mr. Richard Byers, Surveyor presented an agreement between the County of Henry and Culy Construction & Excavating, Inc. for Drain reconstruction on the 526 John R. Judge Regulated Drain at a cost of $71,541.00 upon completion of the project. A motion was made by Mr. Beckenbaugh and seconded by Mr. William Cronk to approve the reconstruction agreement. Motion carried 3-0.

A Right of Way Permit was requested from the Indiana Department of Transportation to bore

    under SR 234 for reconstruction of 526 John R. Judge Drain. A motion was made by Mr.

    Beckenbaugh and seconded by Mr. William Cronk to approve the request. Motion carried 3-

    0.

President Cronk presented an ordinance to allow Public-Private Agreements. The ordinance

    is below:

    ORDINANCE NO: ____2009-09-10-28___

    AN ORDINANCE ADOPTING THE PROVISIONS OF

    IC 5-23 et. seq. (PUBLIC-PRIVATE AGREEMENTS)

    WHEREAS, IC 5-23 et. seq. governs the use of Public-Private Agreements and states that before Henry County can enter into any Public-Private Agreements the County must adopt

    the provisions of IC 5-23 et. seq. by Resolution or Ordinance; and

WHEREAS, the Henry County Commissioners recognize there may be a need in the future

    to enter into a Public-Private Agreement and need to adopt the provisions of IC 5-23 et. seq.

    before they can enter into a Public-Private Agreement.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Henry County,

    Indiana, that provisions and terms of IC 5-23 et. seq. are hereby adopted and incorporated

    into this ordinance.

     Board of Commissioners of

     Henry County

     _____________________________

     Kim L. Cronk, President

Attest

_____________________________

    Linda Ratcliff , Auditor

A motion was made by Mr. Beckenbaugh and seconded by Mr. William Cronk to adopt the

    ordinance. Motion carried 3-0.

President Cronk presented a request for proposals for the privatizing of the Henry County

    Youth Center. A motion was made by Mr. Beckenbaugh and seconded by Mr. William

    Cronk to seek proposals for the lease. The lease document appears below:

    The Henry County Board of Commissioners

    REQUEST FOR PROPOSALS FOR

    HENRY COUNTY YOUTH CENTER

    October 28, 2009

    Proposals Due

    Henry County Board of Commissioners

    101 South Main Street

    New Castle, IN 47362

    Introduction

The Henry County Board of Commissioners is seeking proposals from licensed child welfare

    and/or mental health agencies to take over operations of the Henry County Youth Center

    (HCYC) serving youth ages 10-20.

It is the intent of the Henry County Board of Commissioners to solicit responses to this RFP

    in accordance with the format, guidelines and specifications contained in this RFP. A failure

    to comply with these requirements or to include any required information in the proposal

    may result in the proposal being rejected or eliminated from further consideration.

Henry County Board of Commissioners reserve the right to accept or reject any or all

    proposals received, to negotiate with all qualified sources; or to cancel in part, or in its

    entirety this RFP.

Neither this RFP nor any proposals submitted hereto are to be construed as a legal offer.

A commitment to negotiate from the Henry County Board of Commissioners is NOT a

    commitment to award a contract.

The Henry County Board of Commissioners shall not pay any costs incurred in the

    preparation of the proposal. Proposals submitted that are not selected will not be returned.

    Only one agency may be awarded a contract through this RFP process. However, agencies

    are encouraged to partner with other service providers in order to meet all of the services

    required.

Target Population

The services that will be offered at the HCYC described in this RFP are intended to serve

    youth court ordered into residential placement, non-secure shelter care and secure placement.

The type of client to be served through the HCYC includes; but is not limited to:

     ! Males and Females ages 10-20 years of age of every race/ethnicity

     ! CHINS status

     ! Victim of abuse and/or neglect

     ! Juvenile and status offenders

     ! Special needs youth that includes developmental disabilities, medically fragile,

    etc.

     ! Youth arrested on delinquency offenses

     ! Court ordered youth

    Eligible Bidders

Not-for-profit and for-profit social service, child welfare, or other private agencies that have

    or can show knowledge and ability to provide services to children who have been court

    ordered into residential placement, non-secure shelter care and secure placement may submit

    a proposal in response to this request. Preference will be given to agencies that:

     1. Are established and well respected in the communities they are currently

    serving

     2. Meet conditions set forth in this RFP

     3. Can demonstrate that it is fiscally and organizationally sound, administratively

    capable of entering into a contract with DCS and DOC and able to fulfill the

    tasks of the contract

     4. Can move the HCYC from being county owned and operated to privately

    managed

     5. Demonstrate ability to be eligible for Federal reimbursement such as but not

    limited to Medicaid and under Title IV-A and IV-E

     6. Have all necessary licenses by the State of Indiana to assure operation of

    facilities on 2/01/2010.

     7. Prepared to assume existing contracts and licenses

Due Date of Proposals

Proposals must be received by: 12/23/09 at Noon.

Proposals must be mailed or hand delivered to Henry County Commissioners, 101 South

    Main Street, New Castle, IN 47362. Each respondent must submit one (1) original and five (5)

    completed copies of the proposal. Any proposal submitted after Noon on 12/23/09 will

    not be considered.

Pricing

It is anticipated that there may be more than one form of billing. The residential component

    should be priced on a per diem or per bed day basis. The awarded provider may also need to

    establish different rates for other services necessary to meet needs of youth and families

    being served. These services would be billed by the provider in keeping with the stated goal

    of maximizing the potential reimbursements under Titles IV-E, IV-A, EA and other programs.

The selected provider should be prepared to assume, manage, and maintain the HCYC, and

    demonstrate how they will do so.

Detailed Financial Information

The RFP must include a lease/license fee to be paid to the Henry County Auditor’s office on

    a monthly basis for the use of the HCYC and all accompanying equipment including but not

    limited to; furniture, computers, and appliances. The amount to be paid by the provider to

    Henry County will be negotiated during the awarding process.

A detailed budget must be submitted outlining operation of the HCYC. Proposals should

    include a detailed description of programs to be operated out of the facility.

The awarded contract will be set for a minimum term of one (1) year and up to five (5) years

    at Bidder’s option with a financial review no later than four (4) months before the contract

    term expires.

A complete detailed financial history covering the current year and the past two (2) years for

    all programs must be submitted as part of the RFP as well as

     ! A copy of all certifications and licenses.

     ! Detailed agency history that includes all programs past and present.

     ! Organizational structure, current organization chain of command that identifies

    how new programs will fit into agency structure. The following factors and/or criteria will be used in evaluating the proposals which includes,

    but is not limited to: agency history, organizational structure, financial capacity, proposed

    program, use of current staff and pay structure, proposed lease/license payment, and length of

    contract. Price/Financial Capacity is an important factor in the evaluation process, but is not

    the only factor and may be overcome by any of the other factors individually or in

    combination.

Discussions may be conducted with Bidder’s for the purpose of clarification to assure full

    understanding of responsiveness to the RFP requirements.

RFP Timeline

     10/28/09 Henry County Board of Commissioners issues the Request for

    Proposal.

     11/24/09 Bidder’s Conference or questions and requests for additional

    information concerning the RFP must be submitted in writing by 12:00

    noon. Bidder’s Conference will be held in the Commissioner’s Office

    in the old Circuit Courtroom, 101 South Main Street, New Castle,

    Indiana at 7:00 P.M. on 11/24/09.

     12/23/09 Deadline for receipt of Proposals is 12:00 noon.

     1/07/10 Letters of Acceptance/Denial sent to bidders.

     1/07/10 Negotiation of service contracts with selected provider(s).

     1/20/10 Approval of Contract

     2/01/10 Effective date of new contract.

A proposal was presented by President Cronk to enter into an agreement with American

    Legal Publishing Corporation to codify county ordinances. A motion was made by Mr.

    Beckenbaugh and seconded by Mr. William Cronk to proceed at a cost to the county of

    $11,400.00 plus additional charges if necessary depending on number of pages required.

    There will also be $595.00 due for search and retrieval software and $1.95 per page for

    annual updates. The code can be placed on the internet for $250.00 per year. Motion carried

    3-0.

Mr. Adam Hollars, Zoning Administrator presented two items for Commissioner approval

    and action.

    Ordinance No. 2009-08-10-27 An Ordinance Amending the Text of the Henry County, Indiana Development Code. This

    ordinance deals with the Wind Energy Conversion Systems (WECS) The ordinance is

    inserted:

    ORDINANCE NO. 2009-08-10-27

    An Ordinance Amending the Text of the Henry County, Indiana

    Development Code

WHEREAS, in January 23, 2002 the Henry County, Indiana Development Code took effect

    (subject to penalty provisions effective from and after March 5, 2004); and

WHEREAS, on October 22, 2009 the Henry County Planning Commission approved the

    following proposal to add to Title 5 of the Henry County Development Code:

    Section 2 Title 5 Utilities; Definitions: Wind Energy Conversion Systems (WECS)

    Section 9 Title 5 (Wind Energy Conversion Systems, WECS) to be adopted into the

    Henry County, Indiana Development Code as per attached.

WHEREAS, on October 22, 2009 the Henry County Planning Commission certified said

    proposal to the board of Commissioners of Henry County with a favorable recommendation; and

    WHEREAS, the Board of Commissioners of Henry County provided notice statutory of its intent to consider said proposal at its regular meeting on October 28, 2009 at 7:00 o’clock

    p.m.; and

    WHEREAS, said board having considered the proposal and having heard from interested citizens attending the meeting;

NOW, THEREFORE, BE IT ORDAINED:

This ordinance is effective upon adoption.

     thAdopted by a vote of 3 in favor and none opposed the 28 day of October, 2009.

    ________________________________

    Kim Cronk, President

    ________________________________

    William D. Cronk, Vice President

    ________________________________

    Sam Beckenbaugh, Member

    Attest:

    ________________________________

    Linda S. Ratcliff, Auditor

    President Cronk indicated that he would like to postpone acceptance of the ordinance until the November 11, 2009 meeting to allow for public input. A motion was made by Mr.

    Beckenbaugh and seconded by Mr. William Cronk to table the ordinance until November 11, 2009. Motion carried 3-0.

Ordinance # Case B 2098 PRO #380

    Request for zoning map change for the G.W. Pierce auto Parts. The ordinance is inserted below:

NOTICE OF INTENT TO CONSIDER PLANNING COMMISSION’S PROPOSAL

    The following proposal(s), certified by the Henry County Planning Commission, will be considered by the Board of Commissioners of Henry County, in the Commissioners’ meeting room, Henry County Court House, 101 S. Main Street, New Castle, IN on October 28, 2009 at 7:00 o’clock p.m.

     _______________________________

     /s/ President, Board of Commissioners

    G.W. Pierce Auto Parts, Inc Location: NE Quadrant of I-70 & State Rd 3 1528 West US Hwy 40 Spiceland, IN 47385

    Spiceland, IN 47385 Franklin Township

ORDINANCE RE: ZONE MAP CHANGE PROPOSAL NO: CASE B: 2098 PRO #380

    WHEREAS, there was published in the Courier Times, a newspaper of general circulation in Henry County, Indiana, at least ten (10) days prior to this date, a notice of the time and place of a hearing on a change to zone maps pursuant to the Henry County, Indiana, Development Code (also known as the Henry County zoning ordinance, (Ordinance No 2004-1-1-28) effective March 5, 2004 as amended: and amended September 12, 2007, (Ordinance 2007-13-9-12)

    WHEREAS, said Zone Change Proposal proposes to amend said Development Code, particularly the zone map, as follows:

    This being the request of G.W. Pierce Auto Parts, IN, 1528 W US Hwy 40, Spiceland, IN to rezone 47 +/- acres from Agriculture (A-1) to Heavy Industrial (l-2). Located at the Northeast quadrant of I-70 and State Rd 3 and being in Franklin Township.

DESCRIPTION

    Legal attached, incorporated and marked Exhibit A.

    WHEREAS, the Henry County Planning Commission has heard all persons desiring to be heard on said proposed zone change and took action as follows:

    NOW BE IT RESOLVED by the Henry County Planning Commission this

    28th day of October 2009 having fully considered Zone Change Proposal No.380

    proposing to amend the Henry County, Indiana, Development Code and particularly

    the zone map.

     NOW, THEREFORE, It is the decision of this Commission that it hereby

    recommends to the Board of Commissioners of Henry County, Indiana, that the Franklin Township zone map be changed as to the lots and lands described in Exhibit A, attached, and pursuant to Case B: 2098 Zone Change Proposal No.380

     The Secretary of this Commission is hereby directed to transmit a copy of this resolution pursuant to the Indiana Code to the Board of Commissioners of Henry County, Indiana, for its information and consideration.

BE IT ENACTED by the Board of Commissioners of Henry County, Indiana:

    SECTION 1: That Henry County, Indiana, Development Code, particularly the Franklin Township zone map is hereby changed as follows:

     Rezone 47 +/- acres Agriculture (A-1) to Heavy Industrial (I-2).

SECTION 2: BE IT FURTHER ENACTED that the Zoning Administrator is hereby

    authorized and directed, upon the enactment and approval of this ordinance, to cause the change to be made on the Franklin Township zone map and to note thereon the date of passage and approval of this ordinance

    SECTION 3: BE IT FURTHER ENACTED that this ordinance take effect from and after its passage.

     th day of October 2009 by a vote of _______ in favor and _______ opposed. Adopted this 28

Board of Commissioners

    Henry County, Indiana

    ________________________________

    Kim Cronk, President

    ________________________________

    William D. Cronk, Vice President

    ________________________________

    Sam Beckenbaugh, Member

    Attest:

    _________________________________

    Linda S. Ratcliff, Auditor

    President Cronk informed the large gathering of citizens that anyone who would like to speak on this issue would have the opportunity to do so. In order to speak President Cronk asked that speakers sign their name and address in order to allow everyone to have the opportunity to speak.

    Speakers opposing the Asphalt Plant Speakers Supporting the Asphalt Plant

Paul Bridges Bob Byde Environmental Consultant

    Kimberly Bridges Steve Cooper Milestone

    Donna Tauber Duane Brammer EDC by letter

    Betty Rains

    Ann Muncy

    Beverly Matthews

    Jerry DeHart

    Brian Catron

    Merrill Morey

    Eddie Hager

    Gina Davis

    Cathy Hamilton

    Norma Dishman

    Andre Dailey

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