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Vanderburgh County
Board of Commissioners
July 19, 1999
 

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The Vanderburgh County Board of Commissioners met in session this 19th day of July at 5:38 p.m. in the Room 307 of the Civic Center Complex with President Bettye Lou Jerrel presiding.
 
Introductions and Pledge of Allegiance

President Jerrel: I'd like to call the Vanderburgh County Commissioners' meeting to order and present to you the people you see before you. On my far right is Barbara Cunningham, the Area Plan Director; next to her is Joe Harrison, Jr., the County Attorney; Pat Tuley is unable to be with us this evening; on the far left, Charlene Timmons, is the Recording Secretary; Suzanne Crouch, next to her, is the County Auditor; Commissioner Richard Mourdock; and my name is Bettye Lou Jerrel. I would like to invite you to join me in the Pledge of Allegiance.
 
Approval of minutes

President Jerrel: The first item on the agenda is the approval of the minutes of the previous meeting.

Commissioner Mourdock: I'll move approval of the minutes as submitted for the July 12, 1999 County Commission meeting.

President Jerrel: I'll second that motion and say so ordered.
 
Certification of Executive Session

President Jerrel: The next item on the agenda is the certification of the Executive Session.

Commissioner Mourdock: I'll move approval of the summary minutes and show that those minutes discussed matters of pending litigation and also county personnel matters.

President Jerrel: I'll second and say so ordered.
 
Jerry Bryan - City/County Purchasing

President Jerrel: The next item on the agenda is the Purchasing Director.

Jerry Bryan: Tonight I would like to bring before the Commission to request permission to award bid 99-23 which is a new pickup truck for the county to replace one damaged beyond economical repair. Obviously, this is in addition to the one that I had a couple of weeks ago, Bettye and Mr. Mourdock. Suzanne, I'm correct in saying that the $14,000 insurance settlement, the check is in our hands, correct?

Suzanne Crouch: Correct.

Jerry Bryan: Erik tells me that the balance of the truck of $23,000 which would be about $9,800 is in the Road Equipment Fund 216-4310, is that right?

Erik Bentle: That's correct.

Jerry Bryan: In the interest of brevity I have, of course, the summary here of what happened, but this truck is needed to balance out the fleet because they are in the heavy work schedule right now and we request that the Commissioners allow us to purchase this truck, please.

President Jerrel: Is there a motion?

Commissioner Mourdock: I'll move approval of the awarding of bid VC99-23 for the new pickup as requested.

President Jerrel: And I'll second and say so ordered.

Jerry Bryan: Thank you.

President Jerrel: Thank you.
 
Public hearing
Ordinance amending Title 17, Off-premise advertising signs

President Jerrel: The next item on the agenda is the public hearing on the ordinance amending Title 17 concerning off-premise advertising signs. I do have a letter which I will include in the minutes from Commissioner Tuley who had some comments to make on the issue and we talked about how we could do that since he wasn't going to be able to be here this evening and so we're including it. His comments deal with the Highway Beautification Act and his feeling that we should keep the minimum standards set forth in this Act and he is recommending that the County Commissioners amend the current ordinance as per the following:

For billboards along any state or federal highway we should follow the guidelines adopted by the State of Indiana as per the Highway Beautification Act and two, all other places not along a federal or state highway amend the ordinance as per the ordinance adopted by Evansville City Council. We'll enter this into the record for Commissioner Tuley. To begin let me just make a comment that we followed...I know Commissioner Mourdock, and Commissioner Tuley and I followed very closely all of the hearings and discussions at the City Council level and we feel like we're reasonably well informed. We've asked people their thoughts and organizations, but we certainly would welcome any comments that anyone wishes to make at this time concerning the ordinance and any recommendations that may come forth, so if there is anyone here that would like to speak please come forward.

Steve Miller: Thank you. I'm Steve Miller and I am here representing Operation City Beautiful. We have been involved in the process with the City of Evansville and have become very familiar with the issues regarding off-premise signs and we would like to strongly recommend that the county adopt the same restrictions and the city has adopted and that we not follow the state recommendations. There is a considerable difference in the two as I understand it. We would like to recommend and hope that the County Commissioners would adopt the same restrictions as the city has. Thank you.

President Jerrel: Thank you. Is there anyone else that wishes to speak? Yes, sir.

Mick Murphy: My name is Mick Murphy, Tri-Out Outdoor Advertising. I also agree. We've put many hours in as far as the background and everything of what would work and what would not work. What the city has adopted I, as a member of the outdoor industry, would also recommend that we mirror the city in the county and I believe it will work out for all of us. Thank you.

President Jerrel: Is there anyone else that wishes to speak? Mrs. Cunningham, do you have any comments?

Barbara Cunningham: I can answer any questions that you might have. I think what you have before you tonight is the ordinance sent by the Plan Commission in May. You also have been given a packet that explains the comparison between the city and the county and the existing ordinance. If you have any questions I would be happy, and my staff is here, too, to answer any questions that you may have.

Commissioner Mourdock: Let me ask the question then jointly of Barbara and Joe. It is my understanding we can essentially do one of several things. We could either obviously not adopt any ordinance which would maintain the one that we presently have in effect. We could adopt the ordinance that has been proposed by APC. We could adopt the revised ordinance as done by the city or--

Barbara Cunningham: You have to amend it to do that.

Commissioner Mourdock: Right, yeah, okay, which I guess would be the same as what I was about to say the fourth option would be to amend. So we would amend either by adopting what the city has done or other amendments.

Barbara Cunningham: It needs to be done today though.

Commissioner Mourdock: Right.

Barbara Cunningham: Because your 90 days is tomorrow.

President Jerrel: Right.

Joe Harrison, Jr.: Yeah, if you wish to make any amendments they have to be done today.

President Jerrel: Well, for the purpose of initiating this discussion there are some areas that I think we can legitimately go along with that are exactly like the city, but I would like to make a recommendation that perhaps we look at a few of these other areas that are somewhat different.

Commissioner Mourdock: Yeah, I think certainly the efforts of the city and a lot of the advertising people and everyone else involved, I think there were some beneficial comments added from the original proposal that APC put forward, so I think many of those can be added in. I'll start through the list if you like.

President Jerrel: Okay, that would be fine.

Commissioner Mourdock: I guess we'll ultimately do this in total, but at least for the purposes of discussion I would suggest that under Section 17.27.010 of the proposed April 21, 1999 that we add as the city did the language, off- premise signs shall not be included with on-premise signs in determining the total number of signs...the total number of...I'm sorry, let me start over.

Off-premise signs shall not be included with on-premise signs in determining the total number or size of signs permitted on any site. President Jerrel: And that would simply be in addition to our current language.

Commissioner Mourdock: Right.

President Jerrel: Okay, do you want to do these or do you want to go through everything?

Commissioner Mourdock: Why don't we...yeah, that is probably the simplest solution.

President Jerrel: Is that in the form of a motion?

Commissioner Mourdock: Yeah, let me make that as a motion that we add that to the language of 17.27.010 Purpose.

President Jerrel: I'll second and say so ordered.

Commissioner Mourdock: The second one would be under the Maintenance and removal section, which is 17.27.030. Under B 3 I would suggest a condition of dilapidation exists be amended to read:

A condition of dilapidation or danger exists. President Jerrel: Right, I'll second and say so ordered.

Commissioner Mourdock: Under that same section I would add a subparagraph D:

When relocation or removal of an off-premise sign becomes necessary due to construction, expansion or other development planned on the site where the sign is located the sign may be moved by the sign owner to another location on that same site within 20 feet of the location of the original sign providing the location within 20 feet of the original sign does not increase the nonconformity of the sign. Once the sign has been removed temporary approval shall be effective for a period of 90 days. During that time an off-premise sign may be erected after issuance of all required permits. Permit fees may be waived if the off-premise sign structure is the same configuration and erected in the same manner as the original sign, is of the same or smaller size than the original sign and documentation is provided from the owner of the site that the relocation of the sign is necessary due to construction, expansion or other development planned for the site. President Jerrel: I'll--

Barbara Cunningham: May I make...(inaudible) I thought it was in the city. And a valid permit for this construction has been issued instead of just a letter from the owner of the property. That there be a valid permit in hand that this is going to be changed or a parking lot is going to be added or the building is going to be moved.

Commissioner Mourdock: Ah. I understand what you're saying with that, so I am trying to think where that would be appropriate.

Barbara Cunningham: Just at the end of the sentence, couldn't it be?

And a valid permit for this construction has been issued. It's implied, but I mean this really ties it down. It's implied in the city.

Commissioner Mourdock: I'll amend my motion to include that wording for that provision.

Barbara Cunningham: Thank you.

President Jerrel: Again, let me repeat that we just read in, except for that last sentence, the language of the city's.

Commissioner Mourdock: Right, and that would be from the city's paragraph D.

President Jerrel: Right.

Commissioner Mourdock: I think you need to do a so ordered there, I think.

President Jerrel: And I'll say so ordered.

Commissioner Mourdock: Under that same section then I would suggest we add a paragraph E that would read as the city's paragraph G reads:

All off-premise signs must display copy encompassing the entire display face at all times. If copy is not displayed for a period exceeding 60 days the permit for the off-premise sign may be revoked. A President Jerrel: I'll second and say so ordered.

Commissioner Mourdock: Okay, my next comment is somewhat of a question that I think we need to discuss here. As submitted to us under Section 17.27.040 Prohibitions, the present paragraph I reads:

Placement within 300 feet of the edge of the right-of-way along the Ohio River Scenic Route or within 300 feet of the center of the Greenway Passage. My question, I guess for the County Attorney here, is what the heck does that mean given the Greenway Passage project seems to me to be an ongoing project? There has certainly been maps drawn that show the Greenway Passage to be more extensive than it presently is. Is this language as drafted...would it be comprehensive in the sense of those plans that have been submitted even though at this time there is no right-of-way acquired?

President Jerrel: Well, I think their language speaks to it over here.

Barbara Cunningham: It's H in the city.

Commissioner Mourdock: You're right, it does.

President Jerrel: Yeah, I think that speaks to it.

Commissioner Mourdock: I've read this five times and how I missed that I do not know.

Joe Harrison, Jr.: We do have a map of the Greenway.

Commissioner Mourdock: Yeah, and this is different than the map in that the city's language in their paragraph H says:

Placement within 300 feet of the center of the Greenway Passage which has been purchased, leased or completed and a legal description of said Greenway is on record. I'm comfortable with that language so I would move that language be a replacement for our language in paragraph I.

President Jerrel: I'll second and say so ordered.

Joe Harrison, Jr.: I believe the...maybe Barbara would know. It was my understanding the city deleted paragraph D, is that correct?

Barbara Cunningham: That's right. Why they deleted it was kind of at my suggestion because I did not think it would be enforceable.

Commissioner Mourdock: Which paragraph D?

Barbara Cunningham: Placement where the sign blocks visibility of any existing on-premise sign on adjacent property.

Joe Harrison, Jr.: That was in the ordinance passed by the Area Plan Commission.

Commissioner Mourdock: Why would you argue to delete that?

Barbara Cunningham: Only because I don't think I can enforce it. I mean, how do I determine what blocks visibility?

Joe Harrison, Jr.: And the city did block that out.

President Jerrel: Well, we don't have any action to take because that was--

Joe Harrison, Jr.: That was in the one the Area Plan, so that will need to be deleted as well.

Commissioner Mourdock: Yeah, that is what they're saying. We need to take that one out.

Joe Harrison, Jr.: So the current D, it would be 17.27.040 D.

Commissioner Mourdock: Okay, so for the record I'll move that we delete the language in the section just referenced, paragraph D, placement where the sign blocks visibility of any existing on-premise sign on adjacent property.

President Jerrel: I'll second and say so ordered.

Commissioner Mourdock: Under paragraph 17.27.060 Requirements, I would move that we add language from the city ordinance that reads at the end of the paragraph as submitted to us by APC:

The height of signs intended to be read from raised roadways and advertising in C-4, M-1, M-2 and M-3 districts located along raised roadways may exceed the height limit by an amount equal to the height of the raised roadway, but may not exceed 65 feet. This provision for height of signs exceeding 50 feet shall apply only to those off-premise signs advertising to the raised roadway and erected within 100 of the right-of-way of the raised roadway. A President Jerrel: I'll second and say so ordered.

Commissioner Mourdock: The next addition to our language would be under the paragraph following B, Embellishments. We would add the sentence, again from the city ordinance:

Aprons not exceeding two feet may be utilized as embellishments providing the total area of the sign does not exceed the maximum size permitted within the district in which it is located. President Jerrel: I'll second and say so ordered.

Commissioner Mourdock: Paragraph C should read, under that same section, distance...I'm sorry, Distance from certain districts and uses.

An off-premise advertising sign may not be erected or placed within a 300 foot radius of a residential dwelling (excluding detached residential accessory buildings) or within a 300 foot radius of a property line of an undeveloped residential district. In no circumstance shall any off-premise advertising sign be erected within 60 feet of any residential property line. An off-premise advertising sign may not be erected or placed within a 300 foot radius of the property boundary of a public park, church, school or museum. President Jerrel: I'll second and say so ordered.

Commissioner Mourdock: I believe that is all the additions of language that I have.

President Jerrel: That's all of the additional language and those items that were not included would be...the language would maintain the language of the APC, correct?

Commissioner Mourdock: Correct.

Barbara Cunningham: Was there not...can I say one thing real quick? Was there not a diagram added at the end that you have for an explanation?

Commissioner Mourdock: The diagram?

Barbara Cunningham: Who has got that. No, that's the chart, but then there was a diagram added as to how we...it should be in the ordinance packet. Was that added at Plan Commission?

Unidentified: Yes.

Barbara Cunningham: Okay, well then it's okay. It's in your ordinance packet. The one how we were explaining how we did it.

Beverly Behme: Richard has it.

Barbara Cunningham: Okay, then it's there.

Commissioner Mourdock: Yeah, it's in the packet we received. With those additions I would move approval of the off-premise advertising ordinance.

President Jerrel: To be sent to the Area Plan?

Joe Harrison, Jr.: And then it will come back to this body after they enact it for a final reading.

Barbara Cunningham: No, unless it is different than it is in the county. It goes to the Plan Commission and Plan Commission can either approve it or deny it. If they approve it then it becomes...it comes back to you, you're right, just to sign it. It doesn't have to come back for a meeting if they approve it. If they deny it it comes back for you to reaffirm it.

President Jerrel: But we do everything in a public meeting, so it would come back.

Joe Harrison, Jr.: It will come back and we'll advertise the final reading of it just to be safe.

Commissioner Mourdock: We need a roll call.

President Jerrel: I'll ask for a roll call vote for that motion. Commissioner Mourdock?

Commissioner Mourdock: Yes.

President Jerrel: And I vote yes and say so ordered.
 
DADS - Approval of contracts for services

President Jerrel: The next item on the agenda is the DADS program, approval of contracts for services.

Commissioner Mourdock: Do we have someone to speak on that one? I don't think we do, do we?

President Jerrel: I don't think there is.

Commissioner Mourdock: I will...well, let me--

President Jerrel: Wait until everybody gets out.

Commissioner Mourdock: Yeah. Joe, excuse me. As we resume here have you reviewed the contract with the DADS program, Drug and Alcohol Deferral Service? I presume you have.

Joe Harrison, Jr.: Yes, yes.

Commissioner Mourdock: Okay.

Joe Harrison, Jr.: It's fine.

Commissioner Mourdock: You give it your blessing?

Joe Harrison, Jr.: Yes.

Commissioner Mourdock: Okay, then I'll move approval of the submitted Vanderburgh County Drug and Alcohol Deferral Service contract for services with the county.

President Jerrel: I'll second and say so ordered. The next is any group or individual wishing to address the Board.

Commissioner Mourdock: There was two of those, Bettye Lou.

President Jerrel: Oh, I'm sorry.

Commissioner Mourdock: I would also move approval of the Vanderburgh County Drug and Alcohol Deferred Service for the Youth Adult Program.

President Jerrel: And I'll second and say so ordered.
 
John Stoll - County Engineer

President Jerrel: We're ready to begin the reports. County Engineer.

John Stoll: The first set of road plans I've got up there is for Cambridge Subdivision. This is the large subdivision with the golf course up off Volkman Road. I've reviewed the plans and met with Bill Jeffers and he didn't have any additional changes. The consultant on the project has made all the changes we've requested at this stage of the game and I would recommend that the street plans be approved subject to two things. One, they've got to provide some agreements for the maintenance of the golf cart crossings that will pass underneath the road and also they've got some decorative bridge structures with some head walls on the bridge that is an item that we wouldn't maintain. Basically they've got three culverts that they're going to put a stone head wall on to make it look like a bridge, but since that's more decorative than it is functional we're asking them to maintain that as well. The other item, I met with Chris Weil who works with the developer and they're making one more revision to a detail on plastic pipe installation that they are going to fax to me as well. That may change some of the plastic pipe into being concrete, but we can work out which pipes will be plastic and concrete later, but the rest of it the street plans look fine. Bill Jeffers was okay with it, so it is recommended that those plans be approved.

Commissioner Mourdock: I'll move approval of Cambridge Phase 1 street plans.

President Jerrel: I'll second and say so ordered. I drove all over that last week. I had a two hour tour of that area.

John Stoll: I can believe it.

President Jerrel: Whew, it's growing.

John Stoll: That's probably the biggest set of subdivision plans I've seen since I have been here.

President Jerrel: Yeah.

John Stoll: The next set of street plans is for Windemere Farms Section 3. This will tie into Section 2 of Windemere Farms which the whole Windemere development is located off of Kansas Road. Here again I met with Bill Jeffers regarding any changes needed as a result of us getting the drainage plan approved subject to final street plan approval. Bill was okay with all the changes that I had requested and he didn't have anything else, so on that basis it's recommended that these streets be approved as well.

Commissioner Mourdock: I'll move approval of Windemere Farms Section 3 street plans as submitted and recommended.

President Jerrel: I'll second and say so ordered.

John Stoll: The final set of subdivision plans I've got is for Bridlewood Subdivision. This is located at the corner of Fisher Road and Boonville-New Harmony Road. Here again, after some changes that were made by the consultant it is recommended that these plans be approved. There is one additional item that they are going to have to provide before the subdivision gets recorded and that is either an off-site easement or a letter from the abutting property owners where this whole site discharges. Basically they've got their retention pond in the northeast corner of this site. It's going to drain through a box culvert and then into currently vacant Fisher Road right-of-way and then tie into an existing ditch that eventually gets to Schlensker Ditch.

Commissioner Mourdock: But what is contingent? I know from the Drainage Board we had several neighbors who were adjacent who didn't like a lot of this. Are you making something contingent upon them?

John Stoll: No, this is the property to the north.

President Mourdock: Fisher Road, the Hornet's Nest is right there.

John Stoll: We've only got...there is only a quarter mile of pavement that actually exists out here on Fisher and according to our accepted road list and the INDOT road list they show .36 miles, so the pavement actually ends right here and from here northward there is just vacant right-of-way. They have since modified this. They are going to put a new culvert in underneath this driveway that leads back to this house and then cut a new ditch across the Fisher Road right-of-way and tie into a new ditch up...I mean, an existing ditch that feeds Schlensker Ditch out in this area. What the property owner needs to submit, and this is something I discussed with Bill Jeffers earlier today, was the two property owners on either side of this vacant Fisher Road right-of-way are going to either petition to vacate the right-of-way or they're going to dedicate an easement through here. If they petition to vacate the right-of-way the thing that Bill Jeffers and I discussed was Bill had requested a letter from the property owners on both sides of this new ditch that they would acknowledge that they have maintenance responsibilities since this will be a private ditch running across private property. So it's not contingent on any of the people who were remonstrating against the project--

Commissioner Mourdock: Right.

John Stoll: --this is ground that is north of those remonstrators.

Commissioner Mourdock: Neither of these two people were remonstrators?

John Stoll: No. They were, according to what the developer's engineer said, they were leaning towards the vacation of the right-of-way and then either have an easement that defines who is responsible or submit the letters, but he said probably they would submit a letter saying they acknowledge maintenance responsibility of the new ditch.

Commissioner Mourdock: Okay. Having said all that, what is it they want? This is street--

John Stoll: Street plan approval.

Commissioner Mourdock: I'll move approval of the street plan for Bridlewood Residential Subdivision as submitted and recommended.

President Jerrel: And I'll second and say so ordered.

John Stoll: Next I've got the cover sheet for the Broadway Avenue Bridge No. 272 replacement. This is the timber bridge that has been under design for some time. This is the cover sheet. The plans are basically done. We've still got some coordination and some relocations to work out with the utilities, but hopefully we'll have this project ready to be out for bid within the next four to six weeks and it is recommended to approve the plans through signing the cover sheet.

Commissioner Mourdock: Funding all set and ready to go?

John Stoll: Pardon?

Commissioner Mourdock: Funding all set and ready to go?

John Stoll: Yes.

Commissioner Mourdock: I'll move approval as requested.

President Jerrel: I'll second and say so ordered.

John Stoll: The next two items are recommendations to award the two contracts we opened last week. The first one is for contract number VC99-06-02, the Virginia Street extension. It is recommended this be awarded to J.H. Rudolph for the amount of $85,915.88.

Commissioner Mourdock: So moved.

President Jerrel: And I'll second and say so ordered.

John Stoll: And the second contract is contract number VC99-07-01, the First Avenue Bridge No. 611 repairs. It's recommended that this be awarded to Naas Brothers Trucking for the amount of $15,832.

Commissioner Mourdock: So moved.

President Jerrel: Second and so ordered.

John Stoll: Next I've got a street acceptance request. This is for MIB Subdivision. This is located at the northeast corner of Oak Hill and Lynch Road. The acceptance involves 676 feet of Mariner Drive. It's recommended this be accepted for maintenance by the county.

Commissioner Mourdock: So moved.

President Jerrel: And I'll second and say so ordered.

John Stoll: The next item is also a street acceptance. This is for 251 feet of Ridgeway Avenue. This picks up the 31 feet of Ridgeway that was built as a part of our connection and we also found that there was a gap in the previous acceptances and this picks up that gap of 220 feet, so it's recommended that this be accepted for maintenance.

Commissioner Mourdock: Are you saying the gap where there was no asphalt was 31 feet?

John Stoll: Right.

Commissioner Mourdock: I'm going to win the broad jump in the next Olympics because I swear I could do the broad jump over that.

President Jerrel: I know it.

Commissioner Mourdock: I'll move acceptance of the streets for Ridgeway as recommended by the County Engineer.

President Jerrel: And I'll second and say so ordered.

John Stoll: And the final item I've got is a change order on the Boonville-New Harmony Road bridge project. This is contract number VC99-06-01. This is where we installed some culverts adjacent to a bridge. The change order is for an increase of $1,391.85. The contractor was TD & O, Limited Liability Corporation and it is recommended the change order be approved.

Commissioner Mourdock: That was the one just east of 65, between 65 and St. Joe Road?

John Stoll: Right.

Commissioner Mourdock: So moved.

President Jerrel: And I'll second and say so ordered.

John Stoll: That's all I have unless you've got any questions.

President Jerrel: I have something, but I'll say it to you tomorrow. I've got a call to see about Campbell Road and I'll send it to you, just a question. Before we move onto the next just for the benefit of the audience and the media we did make some changes by omission on this new ordinance, on the billboard ordinance. They are in some cases somewhat more restrictive than the city's and we had proposed some amendments and they will make it somewhat in the area of development and the spacing primarily and the others were just cleanup language, but that just for the record so if someone is confused about what we did.

Commissioner Mourdock: Yeah, I think there is two main points there. One being the altruistic, if you will, best image for the community as far as having something other than just signs greeting folks and the other one, obviously, it's always the safety issue, too. We've got some intersections that are filling up with signs.

President Jerrel: We've...for those of you that have been to our meetings you know that we're experiencing a tremendous amount of growth in the county and we've been very, very concerned every time we take a step that we use the word planning. We've got northern Green River Road, North Highway 41 and, of course, the Burkhardt/Lynch and those corridors. We have tried to use planning for the future as one of these important goals that we're trying to meet and this fits in with what we feel is the best for the county growth.

Commissioner Mourdock: Before we leave the County Engineer for a second, John, would you make a note again and I think you've done this once or between you and Erik give the state highway people one more call on cleaning the trees out of the state right-of-way just north of Hillsdale at 41. The trees have grown up there in that ditch and it is impossible to see if there is a train coming through there. I have gotten three calls in the last couple of weeks about that one and if they don't do it let's run the risk of trespassing on state property and going out there with a chain saw and cutting down those trees because it is definitely a hazard.

John Stoll: We have also contacted CSX to have them look into it to get anything off their right-of-way as well.

Commissioner Mourdock: Yeah, I think the worst of it is on the state right-of-way though.

John Stoll: Okay.

Commissioner Mourdock: Yeah, please.

President Jerrel: You know, at the end of Green River Road where the I-164 exit is?

John Stoll: Yeah.

President Jerrel: On their right-of-way I don't think anybody has ever cleaned anything. It's just loaded with cans and bottles and anything else. I know that is out of the way and out of sight, but you know as long as you've got them on the phone.

John Stoll: Okay, I can give it a shot.

President Jerrel: Tell them we need a little cleanup out there.

Commissioner Mourdock: Tell them we're getting ready to send Bettye Lou to Indianapolis!

President Jerrel: That's right, immediately.
 
Erik Bentle - Superintendent of County Garage

President Jerrel: Okay, County Garage.

Erik Bentle: Okay, as of right now we've got 54 percent of our paving done. We're still a little bit behind where I would like to be right now, but hopefully within the next couple of weeks we can get that caught up. We've got 66 percent of our ditching done. We're just about where we should be right there. You've got my weekly work schedule and the rest of the packet. I'm done.

Commissioner Mourdock: I did notice something came through the other day from Jack Crawford on the--

Erik Bentle: Remediation.

Commissioner Mourdock: Yeah, remediation. He referenced some samples that came back that were still, I think, over 25 parts per million or something.

Erik Bentle: I have had him tilling that stuff, turning it over and over and over and it just doesn't seem to be airing out any. We've actually got it mounded up now. He is moving the mound about every other day trying to air it out and it's just an ongoing process.

President Jerrel: Yeah, because we got the bill.

Erik Bentle: And it is outrageous, I know.

President Jerrel: Yes, it is.

Erik Bentle: It's like they're bleeding us to death out there.

Commissioner Mourdock: Which bill, (inaudible)?

President Jerrel: Yeah, and its just...you know, we need...I mean--

Erik Bentle: It's something we are working on every week though.

Commissioner Mourdock: Yeah, I was just...it was odd--

Erik Bentle: The only way to do it that guy told us is to keep moving the dirt and airing it out.

Commissioner Mourdock: Yeah. Well, I had driven by there and made the mental note to bring it up and lo and behold that afternoon or that evening when I came in I found his write-up there, so I appreciate the update, but let's get that stuff out of there.

Erik Bentle: I know, it's a terrible thing. I wish we could just get rid of the whole thing and get it over with.

Commissioner Mourdock: Yeah, absolutely.

President Jerrel: Okay.
 
Joe Harrison, Jr. - County Attorney

President Jerrel: County Attorney.

Joe Harrison, Jr.: The only thing I have this evening has to do with action that will be needed by this Board concerning how the County Auditor will pay remaining construction payments that the county has to make in connection with The Centre project and I would ask that a motion be considered which would direct the County Auditor to pay remaining construction payments for the facility first from the county construction fund, secondly from the Aztar auditorium donation to the county and thirdly from the auditorium fund and I would ask that a motion be made to this effect. This is per the recommendation of the county and the Building Authority's financial advisor in connection with the bond issuance, H.J. Umbaugh & Associates.

Commissioner Mourdock: And as you're recommending it we would draw down in order each of those accounts down to zero?

Joe Harrison, Jr.: Yes, or there very well could be a remaining balance at the end.

Commissioner Mourdock: In the last one, right.

Joe Harrison, Jr.: But I doubt it seriously.

Commissioner Mourdock: I'll move that we use the accounts in the order as presented by the County Attorney and draw down those funds accordingly.

President Jerrel: And I'll second and say so ordered.

Joe Harrison, Jr.: I would add that it is my understanding that next month the county will be receiving the $1.5 million donation from the Visitors & Convention Bureau and when that particular amount is received by the county I would also ask that those funds also be used to pay remaining construction payments in connection with The Centre project.

Commissioner Mourdock: So moved.

President Jerrel: And I'll second and say so ordered.

Joe Harrison, Jr.: That's all I've got. Thank you.

Commissioner Mourdock: One other question, Joe, under your docket there. Have you had any further meeting with the Sheriff regarding the contract and the SAFE House or how are you progressing?

Joe Harrison, Jr.: Yes, it is...I have forwarded a draft ordinance to the Auditor's Office for publication in the newspaper within the next several days concerning a first reading amending the county ordinance that deals with the current jurisdiction of the Community Corrections program, amending that particular ordinance to put the control of that program in the hands of the County Sheriff. So a first reading on that particular ordinance will be on the 26th, but a public hearing and a final reading on that ordinance would be August 2nd, the final reading and public hearing. Following that particular reading on August 2nd this Board will consider an agreement with the County Sheriff concerning his operation of the Community Corrections program and I will have a copy of the draft agreement to you within the next several days. I have met with the County Sheriff and he is willing to undertake the task and also the County Council would sign off on the same agreement. They meet, I believe, August 4th. That's a Wednesday and he could then assume jurisdiction over the facility the following day, August 5th. So that's kind of the game plan right now.

President Jerrel: Okay.

President Jerrel: Superintendent of County Buildings is not here this evening. That was all you had to offer?

Joe Harrison, Jr.: Yeah, the only other thing is that I have drafted a model or a proposed ordinance for the County Public Defender Board and I need to get a copy of that over to you all and then to Charlene. I believe that you wanted to consider that for a first reading on the 9th of August, so I will need to get that to Charlene within the next several days, but I have drafted a proposed ordinance. I think you approved that at the last meeting as far publication of that ordinance.

President Jerrel: Right.

Joe Harrison, Jr.: That's all I have.
 
Weekly reports

President Jerrel: Superintendent of County Buildings isn't here and I spoke with Burdette today just as a little note. They had 4,000 from Deaconess on Saturday. They had 2,000 with Christian Life on Sunday.

Commissioner Mourdock: Christian Fellowship.

President Jerrel: Christian Fellowship, pardon me. And they were lining up trying to get in this morning early when I spoke with Gary, so this hot weather they are crowded. So they felt good about it, but they were needing to be there this evening, so that is the reason they are not here. We do have reports from Soil & Water and the Ozone Officer, so is there a motion to accept those, all the reports?

Commissioner Mourdock: Yeah, I'll move that we accept the report of the County Engineer, County Garage, Superintendent of County Buildings, Burdette, Soil & Water and the Ozone Officer.

President Jerrel: And I'll second and say so ordered.
 
Consent items

President Jerrel: Under consent items A through D...I would like to add--

Commissioner Mourdock: Yeah, I'll move approval of the consent items with the one deletion that I know you pulled one pink slip there.

President Jerrel: Yes.

Commissioner Mourdock: And then also I would like to add in a travel request for Commissioner Jerrel to go to Indianapolis later this week.

President Jerrel: Okay, I am going Friday for the purpose of speaking to the legislative authors of the bill that is going to cause us some more problems with our jail by letting them send down people, so that's what the purpose of my trip is. And then when you get to the Auditor has submitted Form 144's for the year 2000 budget and has done some additional information. Would you want to speak to that just a minute?

Suzanne Crouch: Oh, sorry. I speak so seldom, I get so excited.

Commissioner Mourdock: I think actually I stole yours if you need it.

Suzanne Crouch: No, I think that's fine. We have submitted for you the projections on what the additional employees that are being requested from the county departments. There are 17 additional employees and what that translates to within the budget requests that have been submitted, the 17 new employees with their salaries and their benefits add an additional $618,755 to the General Fund budget if those were all fully funded and that does not include the $250,000 request by the Sheriff for a salary adjustment in regards to the proposed SAFE House changes, so that is a significant amount of money. There have been, I don't have the exact number before me, but $41 million plus in budget requests submitted that Council will have to address and our budget this year is funded at $39--

President Jerrel: I thought there was $43.

Suzanne Crouch: Forty-three, I'm sorry. You're absolutely right.

President Jerrel: It's $43,909,000.

Suzanne Crouch: It's $43 million and the County Council will have...is currently funding about $39 million, a little over $39 million for the General Fund. Actually I think it's $39.9.

President Jerrel: Just an observation. I appreciate this.

Suzanne Crouch: Uh-huh.

President Jerrel: I'm no longer on Council and obviously we don't have anything to say about this, but I would think that you could probably reduce this by about eight hundred and something thousand if they want to get that $800,000 reduced from the...in the neighborhood of their $39 million that they currently have. That would get them down more into the ballpark figure.

Commissioner Mourdock: It's $868,000 right here.

President Jerrel: Uh-huh, right. Well, do they have copies of this?

Suzanne Crouch: No, that will be submitted in the budget overview packet that we will be sharing with them later, but I thought since this pertains specifically to those 144's that you're recommending...making recommendations to County Council on this information might be helpful.

Commissioner Mourdock: Just to clarify something so that this isn't misread, under The Centre it has five new employees, but that is not truly five new employees. That is positions that were previously defined there, correct?

President Jerrel: They weren't in the `99--

Suzanne Crouch: They weren't in the budget, that's correct.

Commissioner Mourdock: Yeah, they were in and came out and now they're back in.

President Jerrel: Right. Those five were in the `98, but not the `99. The others are all just new positions. Okay, thank you very much. Is there a motion to accept this?

Commissioner Mourdock: I move that we accept the Auditor's reports for the additional employees in the consent items and, again, the consent items as filed with the one deletion and the one additional for travel.

President Jerrel: And that includes the Treasurer too, so I'll second and say so ordered.
 
Old business

President Jerrel: Is there any old business?

Commissioner Mourdock: I don't think so.

President Jerrel: Commissioner Mourdock's laptop died.

Commissioner Mourdock: Yes, I am in mourning.

President Jerrel: He doesn't know when I said old business he could--

Suzanne Crouch: Is this new business?

Commissioner Mourdock: I don't know. I had the calender in advance. I think I may be the first victim of Y2K.
 
New business

Commissioner Mourdock: Under new business, one item that we do need to deal with is for the Indiana Regional Economic Development Commission. We have two new appointments. One would be to appoint Jerry Ramsey to represent labor to that Board and Ms. Donna Bergman of Ferro Plastics has agreed to serve also.

President Jerrel: Good.

Commissioner Mourdock: So I would move we make those two appointments.

President Jerrel: I'll second and say so ordered. Is there any other business to come before this Board?

Commissioner Mourdock: Motion to adjourn.

President Jerrel: So moved. Second and so ordered.

The meeting was adjourned at 6:28 p.m.

Those in attendance:

Bettye Lou Jerrel Richard E. Mourdock Joe Harrison, Jr.

Suzanne M. Crouch Charlene Timmons Barbara Cunningham

Jerry Bryan Steve Miller Mick Murphy

John Stoll Erik Bentle Others unidentified

Members of the media
 
 

Vanderburgh County
Board of Commissioners

Bettye Lou Jerrel, President

Richard E. Mourdock, Vice President
 

Recorded and transcribed by Charlene Timmons.