VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

JULY 7, 2009

The Vanderburgh County Board of Commissioners met in session this 7^th day of July, 2009 at 5:00 p.m. in room 301 of the Civic Center Complex with President Troy Tornatta presiding.

President Tornatta: Alright, good afternoon. We’re going to call to order the Board of Commissioners meeting, July 7, 2009, room 301. Attendance roll call, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Here.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Here.

Madelyn Grayson: President Tornatta?

President Tornatta: Here.

President Tornatta: Doc Nicholson, would you lead us in the Pledge today?

Dr. Ray Nicholson: Certainly.

President Tornatta: Thank you.

(The Pledge of Allegiance was given.)

Dr. Ray Nicholson: Thanks.

President Tornatta: Thank you, sir. Dr. Nicholson is the Health Officer with the Health Department. Thank you very much.

President Tornatta: Alright, permission to open quotes, VC09-07-02, for Bergdolt-Clover Drive drainage improvements.

Commissioner Melcher: So moved.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, action items, resolution of sale of county tax parcel to Evansville Redevelopment Commission brown field for $465. The payment of ERC of $465 to the county to acquire this property is reflected in the resolution.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Request to close road for West Terrace PTA 4K kids walk on August 29^th. Request to close part of West Terrace Drive, Middle Mt. Vernon Road, and Cherry Hill, Coffee Tree Lane for a 4K walk. Last year the Sheriff’s deputies followed the walkers and did a rolling barricade, rather than close off the entire route to traffic for the full hour.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. Discussion?

Commissioner Winnecke: There might be some folks here to talk about it.

President Tornatta: Oh, come on up.

Crystal Martin: Hi.

President Tornatta: How are ya?

Crystal Martin: Fine, thank you. Just here to see if that would be okay. We moved the date up this year, from November to August. So, it is, like you said, a rolling barricade, so the road’s not really closed for the full hour.

President Tornatta: Your name?

Crystal Martin: Crystal Martin.

President Tornatta: Okay, Crystal.

Crystal Martin: I’m sorry.

President Tornatta: No, you’re fine.

Crystal Martin: Organizing the event, so.

President Tornatta: Alright, anything else you want to share with anybody that might have a person that wants to walk?

Crystal Martin: No, just go by the school, the school office will be open here in a couple of weeks for registration, and we send out flyers to all the neighbors letting them know that the street will be closed, that their street will be affected, and then also if they want to register for the event and how they can attend.

President Tornatta: And, how much is the event?

Crystal Martin: It’s $15 for an individual, or $40 for a family, for your whole family.

President Tornatta: Okay.

Crystal Martin: We try and encourage a lot of family participation, since it is an elementary school.

President Tornatta: Okay. Pretty much similar to last year, correct?

Crystal Martin: Hope so.

President Tornatta: Okay.

Crystal Martin: Hope we have a good turn out and good weather. It was really good weather for our November event last year. So, hopefully it will be good weather again this year.

President Tornatta: Super. Alright, thank you, Crystal.

Crystal Martin: Thank you.

President Tornatta: We have a motion and a second. Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Contracts, agreements and leases, the Prosecutor Recovery Act grant applications. The Prosecutor’s office just received information pertaining to two new grants made available to Vanderburgh County via the Recovery Act. One for the Prosecutor’s office and one to the Drug Court. These are due back to the State by 7/17, however the paperwork could not be ready for today’s meeting. A motion to approve two grant agreements, one for the Prosecutor for multi-jurisdictional drug task force in the amount of $386,052, and the other one for Drug Court for approximately $300,000 to allow President Tornatta to sign on behalf of the Board of Commissioners subject to the County Attorney’s approval of the terms to the grant from their legal perspective.

Commissioner Winnecke: Mr. President, I’ll move approval.

Commissioner Melcher: I’ll second it.

President Tornatta: That would be of both grants?

Commissioner Winnecke: Yes.

Commissioner Melcher: Yes.

President Tornatta: Alright, a motion and a second. Any more discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, department head reports, John?

John Stoll: I have two items this evening. The first is a supplemental agreement with Bernardin Lochmueller and Associates for the design on the Cross Pointe Boulevard project. This is for an increase of $9,900, and the reason for the increase was the design changes that were required to get Norfolk Southern to approve the storm sewer outlet for the project. It’s, this got overlooked, it should have been signed some time ago, but we just missed it. So, I recommend approval of the supplemental agreement.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: Then the other item is a storm sewer acceptance request for section one of Havenwood Meadows Subdivision. This is for 2,380 linear feet of pipe located outside of street rights-of-way. The developer will pay an acceptance fee of $4,760, and the pipes have been inspected and they are recommended for acceptance.

Commissioner Melcher: So moved.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: That’s all I have.

President Tornatta: Thank you, John.

John Stoll: Thanks.

Commissioner Winnecke: Thanks, John.

President Tornatta: Alright, any other department heads? Seeing none, off to new business.

Ted C. Ziemer, Jr.: Excuse me, I have a drainage encroachment easement, but, I guess, we’ll do that under the Drainage Board meeting?

President Tornatta: I believe so.

Ted C. Ziemer, Jr.: Okay, that’s fine.

President Tornatta: Any new business?

President Tornatta: Old business? Seeing none. Ted, are you ready?

Ted C. Ziemer, Jr.: No.

President Tornatta: If you’re not, we can go on.

President Tornatta: Any public comment at this time? Okay, seeing none.

President Tornatta: Motion to accept the consent agenda?

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. Would you please read the consent items, please.

Madelyn Grayson: The consent items for the July 7^th meeting are as follows; approval of the June 30, 2009 Commission meeting minutes and department head meeting notes; there were no employment changes for approval today; there are three travel requests from the Health Department; the County Treasurer has the May 2009 monthly report and the year-to-date report through May 31, 2009; there are department head reports from the County Engineer and Ozone Officer.

President Tornatta: Alright. Any discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: While we’re here, we’ll go over, we’ll go to the rezoning portion.

Janet Greenwell: Good evening. Janet Greenwell with Area Plan Commission.

President Tornatta: Good afternoon.

Janet Greenwell: We have one rezoning that we’re bringing forward to you tonight. Elite Development is requesting to rezone a seven acre parcel on Beacon Hill from R-3 to PUD. It’s a residential PUD. The seven acre parcel was part of the overall Cambridge Development, which is multi-use. In essence, the PUD creates 37 building lots, where before Cambridge was a 37 lot condominium project. The effect of the zoning is to allow them to sell lots. The County Engineer has stated that the roads will have to be privately maintained, because they don’t meet the county standards, but, we have worked all of that out through the PUD. The Plan Commission recommended approval unanimously with 11 affirmative votes.

President Tornatta: Refresh our memory, a PUD?

Janet Greenwell: A PUD is designed to allow more flexible zoning regulations. It affords a developer the opportunity to do creative plans. In this instance, the lots are too small–

President Tornatta: Right.

Janet Greenwell: –and, well, the right-of-way, the setbacks are different. They are asking to do 40 percent lot coverage, side yards five feet, 30 foot front yard setback, but it’s measured from the center line of the roadway. So, the setback is considerably less than what the zoning code allows. That’s what a PUD is intended to do, to allow more flexible regulations. The PUD was really their only answer, because there’s no other classification that would allow the subdivision.

President Tornatta: Alright, the answer I was looking for was planned unit development.

Janet Greenwell: I’m sorry.

President Tornatta: So, you beat around the bush, but, no, that’s fine.

Janet Greenwell: It’s a, it is a residential–

President Tornatta: I feel like Alex Trebeck. So sorry. Anyway, okay. Thank you, Janet. Any remonstrators to this project? Alright, would anybody like to speak to this project?

Les Shively: My name is Les Shively, I’m representing the developers. Just to make this real simple. This was actually one lot, with a bunch of structures on it. It was really like one condominium. It was very unmarketable, obviously. So, this is why we’re doing it. It will physically look the same, hopefully it will be more structures out there, because it will be easier to sell. If you’re, just to put it in perspective, if you’ve been out to Cambridge, you come down that hill from the clubhouse and you head to the west, it looks like a PUD already, actually. So, it’s really not going to change the appearance. It’s going to make what was originally envisioned possible. Why it was originally done this way, we have no idea. So, we’re not doing anything new here, we’re actually trying to make functional what’s already out there.

President Tornatta: Okay. Any other comments?

Commissioner Winnecke: Mr. President, I’ll move approval.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright. Ted?

Ted C. Ziemer, Jr.: Yes, this is bids received for the Burkhardt Road-Clover Drive drainage improvements. Blankenberger–

President Tornatta: Bergdolt Road.

Ted C. Ziemer, Jr.: What did I say?

President Tornatta: Burkhardt.

Ted C. Ziemer, Jr.: Oh, I’m sorry. Bergdolt Road-Clover Drive drainage improvements. I’m sorry. Blankenberger, $42,275; Deig Brothers, $34,291.15; Summit, $39,986.60; BMB, $24,346; Koberstein, $35,423.50.

Commissioner Melcher: I’ll move to accept these bids for–

President Tornatta: To take them under advisement?

Commissioner Melcher: To take them under advisement. I was getting there.

President Tornatta: That’s okay.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Okay, with that, Rick, I see you here. I know we were going to talk about something today under public comment, and the individual that was going to talk about that issue is not going to be here. So, that being said, we’re probably not going to get into talking about it.

Ted C. Ziemer, Jr.: Just one comment, I think, since the Treasurer is here, if that person is going to come at another time, he needs to be notified so that he doesn’t come back to each meeting–

President Tornatta: Right.

Ted C. Ziemer, Jr.: –thinking that she might appear.

President Tornatta: Okay. And, Rick, if you weren’t notified, I thought that was conveyed to our staff.

Rick Davis: Kristin told me just before–

President Tornatta: That’s fine. Sure.

Rick Davis: Kristin told me when I first got here that she wasn’t going to be here, but I stayed just in case she did come.

President Tornatta: But, you were alerted of, for being here, obviously?

Rick Davis: Right. Correct.

President Tornatta: Alright. If there’s any other issue, obviously, we’ll address it at that time.

Rick Davis: Okay.

President Tornatta: Okay? Thank you.

Rick Davis: Appreciate it.

President Tornatta: We are probably open to adjourn the Commissioners meeting.

Commissioner Winnecke: Mr. President, I’ll move we adjourn.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. All in favor say aye.

All Commissioners: Aye.

(The meeting was adjourned at 5:15 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the June 30, 2009 Commission Meeting Minutes.

Approval of the June 30, 2009 Department Head Meeting Notes.

Travel Requests: Health Department (3)

Treasurer:

May 2009 Monthly Report.

Year-to-Date Report Through May 31, 2009.

Department Head Reports:              County Engineer             Ozone Officer

Those in Attendance:

Troy Tornatta                            Stephen Melcher                      Lloyd Winnecke

Bill Fluty                                    Ted C. Ziemer, Jr.          Madelyn Grayson

Dr. Ray Nicholson                    Crystal Martin                           John Stoll

Janet Greenwell                       Les Shively                               Rick Davis

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Troy Tornatta, President

Stephen Melcher, Vice President

Lloyd Winnecke, Member

(Recorded and transcribed by Madelyn Grayson.)