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Board of Commissioners March 15, 1999
President Jerrel: I'd like to call the meeting to order.
If you have an agenda you'll see it looks like a lot of items, but they
really go pretty quickly to the road hearing. At this time I would like
to introduce to you the people in front. The empty chair on the far right
is normally occupied by Tony Greubel, Superintendent of Buildings, and
he fell on the ice this morning and broke his arm, so we miss him, but
that just shows you...and he is young. You better be careful when you walk.
Next to the empty chair is our Attorney, Joe Harrison, Jr.; Commissioner
Pat Tuley to my right; far left, Charlene Timmons, our Recording Secretary;
County Auditor, Suzanne Crouch; and my name is Bettye Lou Jerrel and I
would like to ask you to join me in the Pledge of Allegiance.
President Jerrel: The first item on the agenda is the approval of the minutes of the previous meeting. Commissioner Tuley: I'll move approval of the minutes from the March 8th meeting. President Jerrel: I'll second and say so ordered.
President Jerrel: The next item is the certification of the Executive Session and we did have an Executive Session. We discussed litigation and personnel matters. Commissioner Tuley: I'll move approval of the certification of the Executive Session as outlined. President Jerrel: I'll second and say so ordered.
President Jerrel: The first item on the agenda is Jerry Bryan, our Purchasing Director. Jerry Bryan: Tonight I presented the bids to Joe Harrison, Jr. to open the bids for the Burdette Park food and beverage facility. I think I've got about seven bids there, Joe. President Jerrel: Is there a motion to approve opening the bids? Commissioner Tuley: I'll move approval of opening the bids for VC99-03, the food and beverage for Burdette Park. President Jerrel: I'll second and say so ordered. We'll get back with you in a few minutes. Jerry Bryan: Thank you.
President Jerrel: Item D is the adoption of a resolution for Shoe Carnival, Inc. approving a qualified airport development project. Michael Robling: Michael Robling, Department of Metropolitan Development. Shoe Carnival, Incorporated has submitted an application or proposal for an airport development zone designation. The Evansville-Vanderburgh Airport Authority District adopted a preliminary resolution in December designating the property at 8233 Baumgart Road to be part of the development zone. We recently published notice of that resolution and distributed tax impact analysis to the underlying taxing districts. Assuming that the Commissioners give their approval today the Airport Authority will conduct a public hearing on the designation next Monday at 4:00. The Shoe Carnival project meets the minimum thresholds for airport development zone designation which is an investment of at least $2 million and the creation of jobs. Their application calls for a substantial addition to their building at a cost of approximately $2.8 million plus an investment of $3.9 million in furniture, fixtures and equipment. President Jerrel: Are there any questions? Commissioner Tuley: No. President Jerrel: Is there anyone here besides yourself, Mike? Kerry Jackson: Kerry Jackson is here from Shoe Carnival if you have any questions of him. President Jerrel: Okay, you didn't have any comments, Kerry? Kerry Jackson: No, he has pretty much stated (inaudible). Commissioner Tuley: I'll move at this time for the approval of the resolution of the Board of Commissioners of Vanderburgh approving a qualified airport development project known as Shoe Carnival, Inc. project. President Jerrel: And I'll second and say so ordered. Michael Robling: Thank you.
President Jerrel: The next item on the agenda is the public hearing for the vacation of the easement that runs from north line of Fairfield Inn north, the extended right-of-way of University Drive. And we have some people here if someone would like to give us a brief overview. Marco DeLucio: My name is Marco DeLucio. I'm here this evening on behalf of this petition. I think Jim Morley was going to make a presentation to this evening. I don't see that he has arrived yet and we ask that this be continued until later on down the agenda. President Jerrel: See, we're fast! Marco DeLucio: You are very fast. President Jerrel: Okay, we'll just hold this in limbo and move on with the-- Commissioner Tuley: Did we skip one? President Jerrel: Yeah, we did. Commissioner Tuley: Okay.
President Jerrel: The next is the petition to vacate the easement at 1114 Indy Court. Commissioner Tuley: It's a final reading on that one. President Jerrel: Is there someone here to speak to that? We did hear this...I mean, they did appear before us last week and this is just the second hearing. Joe Harrison, Jr.: Yeah, there was a public hearing last week on this and this is the final reading. President Jerrel: Is there anyone here that wishes to speak to the vacation of the easement at 1114 Indy Court? Hearing none, is there a motion from the floor? Commissioner Tuley: I'll move approval on final reading for the petition to vacate the easement at the address known as 1114 Indy Court. President Jerrel: I'll second and call for a roll call vote. Commissioner Tuley? Commissioner Tuley: Yes. President Jerrel: And I vote yes.
President Jerrel: You're not the public hearing on the University Drive? Commissioner Tuley: I think they're F, G, H, I and J, aren't you? Marco DeLucio: Yes. President Jerrel: Okay, well we're going to have our public road hearing now. We'll come back to you. Commissioner Tuley: Through I anyway. President Jerrel: The public road hearing has, I believe, and Pat can correct me, been happening for at least 10 years. Commissioner Tuley: I'd say. President Jerrel: It's a way to let the public know what our professionals have recommended that we do and given the parameters of the amount of money that we have to do it with and some roads are going to be contracted out and if John...he is here. Commissioner Tuley: Yeah, he's here. President Jerrel: Okay, John, do you want to come up and speak to this? I have a couple of copies if you need it. John Stoll: I've got a copy of that list. On that list is just the compiled version of everything that Erik's crews plus people in my office have come up with as far as what we felt needed to be paved. Some of the roads we've listed on there included some of the things that we've since received letters on such as Bentwood and Wilmington. We received a letter on those two streets, so we have gotten input from the public in addition to just Erik's people and my people out driving the roads. Based on this we've got about 30 miles of paving to do. President Jerrel: Would you want to read into the record...this is an alphabetized list and the recommendations that he is going to read are approximately 29.70 miles. John Stoll: Okay, first is Alan Court. This is from 11th Avenue to the dead-end. Armstrong Road, the intersection of Armstrong and Baseline. Bentwood Drive. Buente Road between Boonville-New Harmony and Weiss Road. Cherry Lane from Maple to Whetstone. Chris Court from 11th to the dead-end. County Line East from Baseline to American Disposal up near Boonville-New Harmony. Earl Avenue from Green River to the dead-end. Emge Road from Buente Road to St. Wendel Road. Eric Court off 11th Avenue to its dead-end. Evergreen Road from Darmstadt to Old State. Fairfield Drive from Oak Grove to Maxwell. Folz from Mill to Mesker Park. Green River from Heckel to new pavement. That's the small segment of road between where widening north of Lynch stopped and the paving up around the bridge which was resurfaced recently...not recently, but the past few years. That's to pick up that little segment of road. Greendale between Petersburg and Bob Court. Happe between New Harmony Road and Mill Road. Hunter Green between Forest Green Drive and the dead-end. Lost Bend Lane from Olmstead to the dead-end. Mann Road from Owensville to Bixler. That's a road that is going to take a substantial amount of work before it can really be suitably paved because it has got very poor drainage. Maple Lane from Whetstone to the dead-end. Maxwell from Burkhardt to Fairfield. Mesker Park from 66 to Folz Road. Middle Mount Vernon, spot pave and that would be between Boehne Camp and Lloyd. Millersburg from Oak Hill to Green River. Mount Pleasant from 41 to Old State. Nuebling from St. Joe to Outer Darmstadt. Oak Grove from Morgan to Burkhardt and then Burkhardt to the county line. Old Boonville Highway from Burkhardt to the county line. Old Mount Vernon Road from Broadway to the county line. Old Petersburg from 57 north to Boonville-New Harmony. Old State from Campground to Mount Pleasant. Outer Darmstadt from Baseline to Adler. Speaker and Skyline. Springdale Drive from Little Schaefer to the dead-end. St. Joe Road from Slate Road to Diamond. Whetstone Road from Cherry Lane to Old Petersburg and then Wilmington Drive. President Jerrel: Okay. I just had a question, had you done any calculation as to about what the bituminous cost would be for that road by the garage? John Stoll: I just had a chance to do that about half an hour ago and I didn't get the current tack oil costs based on this year's annual bid, but taking an average price for all the asphalt for the four different suppliers that came up to about $1.1 million for all this work. That's just for asphalt cost. That doesn't include things like shoulder stone and striping, so we've got quite a bit to do here. President Jerrel: Okay. We have some individuals in the audience that would like to speak to this. Do you have any comments first? Commissioner Tuley: No, the only question I had last week I was asking about some potholes on Red Bank and there was an indication that maybe that section of Red Bank was going to be paved and I don't see it on the list. John Stoll: We talked about that in the office and we noticed that was not on this list and forgot to mention it, but that was something that we had discussed, like you said, at last week's meeting. Erik Bentle: It's something we're going to add to it. John Stoll: Right. So it was intended to be on here. Commissioner Tuley: Okay. President Jerrel: Okay, at this time we'll hear from the audience. Jerald Jones at 3919 Lyle Road. Jerald Jones: Good evening, Commissioners. I appreciate this opportunity again to ask that the county grant the funds to raise the elevation of Lyle Road about four or five feet in a length of about 300 yards as indicated on the sketch. If necessary my brother and I will donate the fill dirt for this project from the lower portion of our property. We just need the county's help in getting the dirt hauled and compacted. Furthermore, we realize how busy the County Engineer is therefore a former employee and good friend of the county, Mr. Gary Kercher, has agreed to do the plan of action at no cost if that is agreeable with you. Also, Mr. Staub, who owns the property just east of Lyle Road, last year verbally told my brother that he would grant any easements necessary east of Lyle Road if the road needs to be widened for this project. If the county would do this the people that live down the road right now and anyone else that would build in the future would have access to police, fire and medical assistance whereas we are presently denied that whenever the Ohio River reaches above 40 feet. Secondly, when Burdette Park hill becomes hazardous with ice or snow as it did yesterday other residents of the county could utilize Lyle Road for safety. Thirdly, very important, by elevating the road should greatly enhance the savings to the county from replenishing the lost gravel resulting from the high water each year. Finally, if you approve this I believe each one of you will feel good about this because it's the right thing to do and I would like to ask the county...the residents that are here today that would like to see this project approved would you please stand. Thank you. President Jerrel: Do they live on-- Commissioner Tuley: In or near the area you are talking about, Mr. Jones? Jerald Jones: Yes, near or part of the county that would like to see this. President Jerrel: No, do they live in this area? Jerald Jones: Yes. President Jerrel: In the affected area? Jerald Jones: Yes, some of the residents do. It's very important because two of our members that are here are retired and they...I get very concerned that they would be denied medical assistance if that, you know, it happens every year. For a little bit of money the county could put up with and it's a partnership with us. Like I said, we're providing the major expense with the fill dirt, we would be happy to donate that. We would do anything else possible, but we just need the county's help. President Jerrel: Do you mind if I have John Stoll come up while you're at the mike? Jerald Jones: No. President Jerrel: Do you mind, John? We had previously heard a number of $75,000 which was more than we could afford to spend. Have you talked to John and gotten a price for what, you know, what the total amount of dirt you're going to donate so we'll know what we're going to be doing with moving the dirt? You wanted us to move it? Jerald Jones: I have no way of moving it. President Jerrel: Okay, you''e talking about moving the dirt and the design that Mr. Kercher came up with, what kind of...I mean, we need to know, you know-- Jerald Jones: Sure. President Jerrel: To figure the bituminous...we don't have an accurate cost. John Stoll: We could come up with a cost for what a contractor would charge to haul the dirt and compact for the new road elevation, to bring the road up to the new elevation, but I've never investigated that. I guess it depends on where this source of the dirt would be relative to how far they have to haul it and things like that. Jerald Jones: It's about in city language three to four blocks away, the dirt is, and very easy, very accessible, so I don't think that there is going to be a great deal of expense here. President Jerrel: So you're saying you would want the Highway Department to bring ...to actually dig up the soil from your property and move it over there? Jerald Jones: It would have to be done. I don't have any way to do that or else I-- President Jerrel: Okay, so we need to figure-- John Stoll: Is it a hill or a barrow pit or you would have a lake dug? Jerald Jones: It's a flat area. It would be very...I have a hill, too, but it's whatever you think would be best. John Stoll: Definitely we couldn't take it off as far as stripping a large area because there would be topsoil involved and we would have to get rid of all that, so unless it was a hill...I don't know, I guess we would just have to look at it and see what kind of soil it was. Jerald Jones: I think we have plenty of fill dirt for the project. Commissioner Tuley: Two things. Number one, obviously, before we can entertain this we're going to have to know about what it is going to cost us so I think, John, you need to get with Mr. Jones in terms of determining the location of that dirt and whether you're going to be able to use the dirt that you're talking about since you're saying, if I heard you right, if it is top soil we can't just use that because it won't compact properly or something. Mr. Kercher's offer, John, does that help you in terms of-- John Stoll: What I was getting ready to tell Mr. Jones was Gary called me last week and when I returned his call he hasn't got back in touch with me as of yet so I have not seen the plan-- Commissioner Tuley: You're not sure exactly, okay. John Stoll: --or what he has got in mind, but I guess we need verification of the right-of-way lines and then see how much additional property would be required in order to raise it and still provide suitable slope off the new road elevation. President Jerrel: And we need an idea of the time because we've got this other paving that is going to have to be taking place and we've got to know something about the time to move that kind of dirt. That's a major... John Stoll: Even if the county crews could haul it without Erik renting some equipment to compact it the county doesn't own any kind of roller to compact that fill. Not a substantial amount like that, so we may be looking at contractors still having to be brought into the picture even if Erik's crews could bring in the dirt. President Jerrel: And that would probably likely be Staub, would it not? John Stoll: It depends on the dollar figure whether or not we could get price quotes or whether it has to be bid. Jerald Jones: Last year...my brother knows more about the figures than I do because he has spoken with John on occasions. Last year when we asked for this it was around, like for the fill dirt out of the estimate, it was around $60,000. Now, if that is still true then you can see that there is not a whole lot left. I know it is going to cost for the fill dirt to be moved up there, but it shouldnt be a major, major expense. President Jerrel: We need a contractor to tell us what they would do it for because I can't see our crews...we don't have the equipment. You know, they wouldn't be able to operate...I mean, we need to contract moving that dirt out. Even if the dirt is there-- Erik Bentle: I don't think it would be cost effective for us to do it. I don't think so. Commissioner Tuley: Well, I think, basically what we need right now is just some final figures. We need some real figures to see what we can do here. The other thing, too, I would like to see and, John, I don't know how much trouble for you or Erik or whatever, but one of the things I had told Mr. Jones is getting such as you've got the folks here, but I would like to see a list of names and addresses of people who would like for this to happen who will benefit by this being done. You know, it's one thing to even entertain spending the kind of money we're talking about for three people, but if you've 10, or 12, or 15, or 20, or 30 families that will benefit from this I would like to know that, okay? Jerald Jones: So should I talk with John later? Commissioner Tuley: I would get with John fairly soon. President Jerrel: Yeah, we need to get a firm number. Yeah, sometime between now and another week. Jerald Jones: I would be happy to. John Stoll: I'll get in touch with Gary Kercher and find out if he has run any calculations to determine how much dirt we're looking at moving and then I can talk to a contractor to find out what price they would charge to haul for...what are you talking about, 1,000 feet maybe it's being hauled? Something like that? Jerald Jones: Probably, yeah. Yes, that would be the maximum. John Stoll: Okay. Jerry Bryan: Bettye, I've got the paving costs and I would be glad to price it. I negotiated that contract (inaudible). President Jerrel: Okay, that's good. Jerald Jones: I think that would be a win/win situation for everybody. Thank you. President Jerrel: Jerry Jones. Jerry Jones: I don't have a whole lot to add except my brother summed it up. The only thing I want to add Doris and Laura Webster are here. Several years ago when his mother was alive when the water was over the road, and correct me Doris if I am mistaken, they had to call a neighbor with a tractor to come across the field in a wagon. His mother was quite ill and she would have lost her life that night. So my brother spelled it out that it would save money for gravel, but we're also talking about lives. And, Patrick, I asked a farmer at a meeting I was at, he said we will call a meeting down here among the Union Township people if you would like and say we will support this. I can flood this place with people, but I don't want to do anything which is unnecessary. I can get a lot of signatures. I can do that and I will. Commissioner Tuley: Here is the reason, Jerry, that I asked you to do that. If you look at this map it looks like if we do this, just looking at this map, it looks like Jerry and Jerald Jones and Bobby Staub are the ones that benefit from this. That's about $25,000 per name I just mentioned with cost associated with it. That's why I am saying...I'm not wanting you to just flood us with names just for the sake of flooding us with names, but people who live down there who can say, hey, it won't just benefit these folks, we get a benefit. Jerry Jones: I understand. Commissioner Tuley: That's the reason I am asking for the names. President Jerrel: Does anybody else live between here and here? Jerry Jones: Yes. President Jerrel: Okay, who lives where? That's from Nurrenbern down to Bayou. Jerry Jones: There is three residences out there. Doris and Laura's son...son-in-law. President Jerrel: Where do they live? Jerry Jones: They live at the first house past that L part. President Jerrel: This? Jerry Jones: Yeah, a little past it. President Jerrel: Near where you're going to build? Jerry Jones: Yes. And then next would be our residence, mom and dad, and the last place is Doris and Laura. There used to be two other homes there before the curve, but the high water, people got tired of fighting it and they sold their property and the farmers just bulldozed the houses down and farm it. So on the east side of Lyle Road is all very, very good ground, but people don't want to build because they can't get to work and they can't-- President Jerrel: Is this a floodplain, Pat? Jerry Jones: We're in the flood fringe. Commissioner Tuley: I don't know. Jerry Jones: We got house permits. We can build, building permits. It has been cleared. We're barely inside of Union Township. Right across that creek for Burdette is a different township. Commissioner Tuley: Perry. Jerry Jones: So this is 100 percent you can build. In fact, her son-in-law and daughter just built a big pole barn. You know, they got permits. President Jerrel: That would be a good idea...you've already talked to the Building Commissioner? Jerry Jones: Yes. President Jerrel: And you've already got...well, maybe...who did you talk to, Area Plan and Building Commissioner about building? Jerry Jones: Yes, we talked to both of them last year. Sam Nunning and...oh, his boss, I can't remember. Commissioner Tuley: Is Roger his boss? Jerry Jones: Who? Commissioner Tuley: Is Roger Lehman-- Jerry Jones: Lehman. In fact, he went in and talked to him and he said, oh, there is no problem we were in the fringe. Commissioner Tuley: Okay, let's go back on the list. The reason I am asking for the list, you understand you heard the list that was read in here? Jerry Jones: Yes. Commissioner Tuley: The number of places that our guys have advised us that need it and there is a couple of more people that are going to talk maybe about places that aren't on here. Jerry Jones: I understand. Commissioner Tuley: So if I want to try to push for something I want to be comfortable in my mind knowing that there is going to be a number of residents who will benefit from us spending that money. Jerry Jones: I understand. Commissioner Tuley: I'm not asking you just to do legwork for the sake of doing legwork and I sure don't want to see people just for the sake of having people up here, but I would like to see a list if you could provide me one of people who live in that area who will be benefitted by this. Jerry Jones: I understand. One last thing, remember this is...we would provide the dirt if necessary. I know...Tony Staub was out at our place last year and gave an estimate on some private bulldozing we brought this low road...he said, oh, yes, we own the ground right over there, it would be no problem whatsoever. No right-of-way problem or anything. Like I said last year we have city gas already out there and we're going to put city water in after the road is raised, so there is no problem. We will donate the dirt if possible, you know, if needed to save cost. I know...we would just like to have it up for bids, you know. President Jerrel: We'll have to get...because the 30 properties that we've got on the list, if you divide $1.1 million by the 30 you come up with about thirty-six thousand six hundred and some odd dollars. That's kind of the going rate. This will be lots more than that because the labor to move the dirt is going to be extensive, so we just need to know what we're impacting on people because that dirt will not move by itself. I mean, it's going to be an expense. Jerry Jones: Yes, I understand. Commissioner Tuley: Nobody is telling you no. They're just saying we need some more figures. President Jerrel: Yeah. Jerry Jones: I understand. Okay, thank you very much. President Jerrel: Steve Nichols. Steve Nichols: Thank you, Madam Chairman. My name is Steve Nichols. I'm a resident and one of the trustees at Bentwood Estates which is a subdivision out on the north side in McCutchanville. We built a house and moved in in 1986. We were the third homeowner. There is now about two dozen. So the subdivision was probably developed in `84 or `85 and since that time there has been no complete resurfacing. There has been a peculiar happening to some of the roads where they have wrinkled in a longitudinal way and as Mr. Dominick, who wrote the letter sent to the Commission, stated there was some partial resurfacing but throughout the subdivision there are many potholes, the edges are fragmenting, cracks, etc. We petition the council to pay attention to these roads that were accepted soon after the subdivision was developed. Commissioner Tuley: That was...I want to make sure that they were accepted roads. Steve Nichols: Yes. Commissioner Tuley: Okay. Steve Nichols: The county accepted them after Koester, the man who developed the subdivision. President Jerrel: Okay, is this the same Wilmington Drive that we accepted? Steve Nichols: Yes, Wilmington Drive and Bentwood are the two roads in the subdivision. Commissioner Tuley: They're both listed on the list. President Jerrel: They're both listed on the list. Steve Nichols: Yes. Commissioner Tuley: Okay. President Jerrel: Okay, well-- Commissioner Tuley: You're just speaking in support of them being on the list? Steve Nichols: I guess so. I don't know what the proceedings are, but-- President Jerrel: Well, you want to just walk up here and look at this and then you'll know what we're-- Commissioner Tuley: These are the ones that are recommended by the Highway Superintendent and the County Engineer. What we're asking for is anybody else here that either can support that or has other roads that maybe aren't on there. Steve Nichols: I think I'm the only one from my subdivision. Commissioner Tuley: That's fine. They've been recommended by our people. President Jerrel: They have identified...we did this other list so it could be in alphabetical order, but let me just give you the...Bentwood is 2,000 feet and let's see what...okay, let me see. Steve Nichols: If you walk or run, depending on your energy, that tract comes to total of about one mile. President Jerrel: Yeah. Commissioner Tuley: Wilmington is 1,200 maybe. President Jerrel: Yeah, 1,200 on Wilmington, 2,000 on Bentwood. Steve Nichols: Okay, thanks. President Jerrel: Martha Runnion. Martha Runnion: I just wanted to put in a request for Mann Road. I wasn't aware that it was on your list until I heard you read it. President Jerrel: Does that get you between Owensville Road to Bixler Road? Martha Runnion: Yes, it does. President Jerrel: Okay. Martha Runnion: So this is my third time down here to try to get some kind of an improvement. President Jerrel: We'll you're going to get paved. Martha Runnion: Or patching or whatever. President Jerrel: Well, you're going to get paved. Commissioner Tuley: It's on the list this year, weather permitting and we don't run out of money. Martha Runnion: Well, when they paved they didn't pave all the way to Bixler. President Jerrel: Well, it is scheduled this time. Martha Runnion: They went in and they put a new bridge in. Well, they just paved over the bridge. They didn't pave any of the road, just over the new bridge and patching. The road was paved about eight years ago and there has only been minor patching in those last eight years and some patching that should have been done wasn't taken care of. It's really...it's getting bad and I hate to see it go back to what it was before they paved it. President Jerrel: Well, they've set some pretty lofty goals. The superintendents turned in their goals and they're going to get...they have even advertised for ditches to be dug, so we're going to make a go at doing this. Martha Runnion: Well, I heard that which I am glad to hear because we do have a bad drainage problem out there and it is hard to get the county to come out and even clean the ditch lines out. I've called. President Jerrel: Well, the Superintendent is that man in that blue shirt right over there and he is ready to go. Martha Runnion: Well, I am glad to meet him. Commissioner Tuley: What was her address? President Jerrel: Pardon? Commissioner Tuley: What was your address please? Martha Runnion: 5101. Commissioner Tuley: 5101 Mann. Martha Runnion: As a matter of fact I am the last house on the road before you get to Bixler. I just wanted to be sure it was on the list and if not I wanted to request that. President Jerrel: Okay. Martha Runnion: That they do take a look at it. Thank you. President Jerrel: You're welcome. John Stoll: One thing I would like to add in regard to Mann Road is there is a limited amount of right-of-way out there so the amount of right-of-way that is out there will dictate what we can and where we can do things like ditching and paving, but we'll have to verify that for the record. President Jerrel: Do you understand what he is saying? Martha Runnion: Yes, and the landowners that they're talking about, there are banks on each side-- President Jerrel: Right. Martha Runnion: Those landowners I have talked to. They're all willing to give the county right-of-way and I've heard this about the right-of-way for 15 years. This one landowner, they were holding it up, the previous landowners, but it was sold and he would be more than willing to give the county right-of-way. President Jerrel: Well that is something we can look into. Martha Runnion: He is Francis Adler, he owns that property there now that has got that bank that they say is the reason they can't widen that road. That's a one lane road. When you meet a tractor you back up the road to a driveway and let the tractor through because he has no place to go. President Jerrel: I do that, too! Well, thank you very much. Martha Runnion: Okay, thanks. President Jerrel: Is there anyone else that is here to speak about the road hearing? If not, I would look for a motion to take this under advisement. Commissioner Tuley: I would so move. President Jerrel: I'll second and say so ordered. We will
finalize the list. I think they have some more they want to add, but these
we don't have any problems with, the ones that are on there now for those
of you that are here and just heard your list and your street named.
President Jerrel: Okay, moving on with the agenda. Commissioner Tuley: I think we can go...Mr. Morley is here. President Jerrel: Yes, Mr. Morley is here and we are ready to go back to F, G, H and I on the agenda. Jim Morley: My name is Jim Morley. I have a diagram of the area here where these easements are proposed to be vacated which I've got superimposed the Lowe's Store and I marked F, G, H and I on it so that you could see how they all work. I only have the one. Commissioner Tuley: We can share. Jim Morley: F, G, H, I. The first one, F, is a drainage easement from down near Fairfield on what was the original concept of the plat. That drainage easement was never used like that. The storm water was routed down Westin Road and then north into the end of the basin. We will be coming back later to you when we get that storm sewer relocated. We have a plan and we'll be before you at the Drainage Board at the 22nd to shift that. We've got to shift that pipe over to make room for the store building, so we will come back on the Westin Road drainage, but this particular one, F, was never used. It was set up, but is not applicable. We never ran another street to the north, so we did not use that drainage easement. G is the extension. If you've been out there you know that University Drive was extended west to the west end of the service station, the Circle S Mart, and there the pavement just ends. G and along with it a utility easement for an additional 10 foot on the north side, again, was never used. That would become...there are no utilities. That would become a part of the Lowe's parking lot, so that would not be needed as a public thoroughfare, that part of University Drive. So G, and H and I on the old deed starting about 1920 or so there was a set aside of a Jones Road, real old 30 foot wide, 15 foot on each side of a property line, was never ever built. Down on the extreme Red Bank Road edge the Carlisles to the north of there, their driveway is on...for about 50 to 100 feet their driveway is on the north 15 feet of that drive, but not on the south. The only part of the south where their driveway swings across it is right on in the Red Bank Road right-of-way. You know, the taper out to the street, the radius, but the Red Bank Road right-of-way is more than wide enough to accommodate that so the vacation of this would not affect any part of their driveway and, in fact, we met with Mr. Carlisle earlier because he had a question he was curious about that and I believe he has left now, but we don't affect that driveway in any way so these are the requests that we have at this time because there are no public facilities within these. In the future we will come to you with the request to move the storm sewer over, but we have to build it before we can dedicate the new and ask to vacate the old and then on the sanitary sewer we have a portion of the sanitary sewer that runs along what would be the very front end of the Lowe's store building and we've got to shift it about 12 feet to the south and we'll do that through the Utility Department, so these are the easements that we are asking to be vacated tonight that have nothing in it and you have been provided with essentially clearance letters from everyone. The Sewer Utility in their letter to you explained that they have a sewer line there, but we can't ask you...so you are not vacating as you don't...you're vacating your rights to the surface road, you're not vacating the sanitary sewer rights and we will not ask for that from the Utility Board until we've got the new pipe in place. And then with these and then clearing up the others, why it will make it possible for the Lowe's Store to go ahead. President Jerrel: Okay, did you have any questions, Joe? Joe Harrison, Jr.: No, not at this time. There may be some people in the audience that may want to speak to this. President Jerrel: Is there anyone that wishes to speak to these vacated easements? Okay, hearing none, is there a motion on first reading to approve? Commissioner Tuley: On first reading I move to approve at this time the vacation of easement running from north line of Fairfield Inn north to the extended right-of-way line of University Drive. You want them one at a time? President Jerrel: No-- Joe Harrison, Jr.: Yes. President Jerrel: Do them individually? Okay, and I'll second and say so ordered. Commissioner Tuley: Okay, on first reading then I'll move for the approval of the vacation of easement of the public right-of-way of University Drive listed on the agenda as G. President Jerrel: And I'll second and say so ordered. Commissioner Tuley: Okay, on first reading then I'll move approval of the vacation of easement of the public utility easement lying along University Drive listed on the agenda as Item H. President Jerrel: I will second and say so ordered. Commissioner Tuley: On first reading I will move the approval of the vacation of easement the south 15 foot of Jones Road easement listed on our agenda as Item I. President Jerrel: And I'll second that on first reading and say so ordered. Joe Harrison, Jr.: The next week will be the final. President Jerrel: The next-- Commissioner Tuley: Week will be the final hearing. President Jerrel: --will be the final on the 22nd.
President Jerrel: Alright, at this time are you ready...do you want me to go ahead and take the other part? Joe Harrison, Jr.: I can go ahead if you want. President Jerrel: Okay, alright. Joe Harrison, Jr.: At this time, so we can get Mr. Bryan
on his way, there were...I can deal with the bids that came in on VC99-03,
that's Burdette Park food and beverage bids. It appears there were a number
of different types of items that were requested by the county and the responses
may not deal with all the items requested, but certain ones.
That's the last item, so I would ask that the Commissioners take these items under advisement and Mr. Bryan from Purchasing will make a recommendation to the Commissioners within the next week or two concerning these items. President Jerrel: Is there a motion? Commissioner Tuley: I'll move that the bids be taken under advisement so that Mr. Bryan can get with the management people at Burdette and come back with a recommendation. President Jerrel: I'll second and say so ordered.
President Jerrel: Before you leave, Jerry, I was going to do this under new business and I'm going to do most of it under new business, but I'm just going to mention while you're here we have instituted a new inventory. I wrote out a plan and they have an inventory plan at the Garage, but I would like to talk to you and the Garage people and Pat and I have already spoken about this, that we initiate some purchasing procedures that have been maybe done a different way in the past, but we're going to initiate some new procedures so that consumable goods and small equipment items such as lubricants, barricades, cleaning fluids, chains and shovels and anything like that that is purchased in bulk we would like for it to go through the Purchasing Department. I have spoken to Erik and Pat and I have talked about it, so I wanted you to hear it because that is something we would like to begin. That's the way most of the county operates right now. Jerry Bryan: And that's a natural extension of what you're going to do. President Jerrel: Right. Commissioner Tuley: Right. Do we need a formal motion to that effect? President Jerrel: Yes, I would like to have a motion. Commissioner Tuley: Okay, then I move at this time then that items such as you just described, those bulk purchase items, small items such as oils and lubricants, things that will be clearly defined at a later date be directed to be handled through the City/County Purchasing Department. President Jerrel: I'll second and say so ordered. Thank
you.
President Jerrel: Okay, any group...this last item, K, any group or individual wishing to address the Board at this time? Okay. Unidentified: Do I have to come up? President Jerrel: Yeah, you have to. Unidentified: First of all this is very new to me. I hate to say this, but this is my first time. President Jerrel: Okay, tell us your name and address. Virginia Schmuck: I'm Virginia Schmuck from South Red Bank Road. President Jerrel: Okay. Virginia Schmuck: I have a question, and I may be too late because I see Mr. Morley already left. On the map he had sent us we live very close to University Heights and on this map it shows apparent 25 foot right-of-way and that is west of Red Bank Road. Has that been approved or is this going to be coming up later? It's already on the map. President Jerrel: You want to walk up here and look at our map? It's a little bigger than yours and point to where you are. Virginia Schmuck: University Drive. Okay, this has to be Red Bank. Okay, now I don't see it on there. Now see how it is on here? President Jerrel: You want to get Jim Morley? We'll get him for you. That would be the...okay. Virginia Schmuck: See, it says apparent 25 foot right-of-way and then it says 24.84 and that would be east of Red Bank Road, but I was wondering has this been approved already? It's not in on any of this easement. President Jerrel: We didn't approve anything like that today. Virginia Schmuck: Because it is not on there? Okay-- President Jerrel: The only thing we did was vacate-- Virginia Schmuck: At Jones. President Jerrel: --this road and this and that. Commissioner Tuley: Right. Virginia Schmuck: Okay, alright, but this just bothered me. Commissioner Tuley: I think probably what this might be and I don't know if John is here or not, too, but it may be that the county already has 25 foot of right-of-way is my guess, I don't know, in the event down the road that Red Bank needs to be widened. Now, I don't know that to be fact, I am just trying to guess. Virginia Schmuck: We've lived there for 50 years now and-- Commissioner Tuley: You live right through this section here? Virginia Schmuck: Yes, I live at the second off of the map here. Commissioner Tuley: The two story, correct, with the double-- Virginia Schmuck: No, the little frame house on the hill. Commissioner Tuley: Oh, okay on the hill. President Jerrel: Jim, come up here. Commissioner Tuley: I know where you are talking about. President Jerrel: You want to put that mike up so that Jim can respond to it? Virginia Schmuck: I'm sorry. Okay, this is my question. On this map that we got from you it says apparent 25 foot right-of-way. Has that already been approved? Jim Morley: The, no, we're not involved in that back there, but-- Virginia Schmuck: This is in front by Red Bank. Jim Morley: Uh-huh, right. There are a few parcels that say subject to 25 foot and others don't say anything. This is on beyond the area where we are doing the improvements. Within the subdivision we've got an additional 20, we got it out to 45. Commissioner Tuley: But further north from your development there is no 25 foot-- Jim Morley: We're not changing...we can't do anything, we don't know. Virginia Schmuck: Like the second place over you're talking? Commissioner Tuley: She is two doors down from that. Virginia Schmuck: From Jones. Jim Morley: Right, we would not be doing anything out in front of there, no. Virginia Schmuck: So to your knowledge this would not have taken place? I mean, they have this right-of-way...I would have to look at my deed? Commissioner Tuley: You would have to look at your deed. Virginia Schmuck: Because according to the way we read our deed we have some ground on the east side, too. Not much, but it shows on our deed thing, so I was just wondering when this was-- Jim Morley: There are some real old parcels and they dont contain the information about what the right-of-way of Red Bank is and that's the reason we had put that not on there, apparent 25. They've got poles and stuff at the 25, but some of the deeds along there don't say 25 and so that's what we did. President Jerrel: Do you have a card in case she has a question? Jim Morley: Sure, sure. Virginia Schmuck: Well, I've got this. President Jerrel: Alright. Virginia Schmuck: Okay, thank you. Jim Morley: Okay. President Jerrel: Thank you. Alright, is there anyone
else that wishes to speak to the Commission?
President Jerrel: If not, we'll go to the department heads. County Engineer. John Stoll: First I would like a verbal okay to pursue a change order on the Heckel Road Bridge project. This is to put in approximately 160 tons of riprap at $22.50 a ton for a total of $3,600. This is also for a concrete abutment cap replacement for each abutment of the bridge for a grand total of $4,799 and there is one vertical steel hanger that also needs to be repaired that was not called for in our original plans and the estimate provided by the contract was $1,320. The grand total of each of these changes is estimated to be $9,719. Commissioner Tuley: Move approval. President Jerrel: And I'll second and say so ordered. John Stoll: I don't have an actual change order form as of yet, but here is the letters from the contractor and once we do get the work in place then I can bring a change order. President Jerrel: Okay, we'll put it in the-- Commissioner Tuley: Signature file. President Jerrel: Yeah. John Stoll: Next I've got a letter that we need to submit to INDOT regarding the Fulton Avenue Bridge construction inspection. This is to approve assigning Alan Jones of Bernardin Lochmueller & Associates as the project engineer on this project. President Jerrel: That goes...they're going to do that next Tuesday? John Stoll: Right. President Jerrel: The bridge letting? John Stoll: Correct. Commissioner Tuley: Motion to have the President sign the letter and forward it as requested. President Jerrel: And I'll second and say so ordered. John Stoll: The third item is in regard to the Daylight sewer. I just wanted to let you know I've been checking into some of the things that were discussed at last week's meeting. I've called Three I Engineering. They are not aware of any safety violations. They wanted to talk to their inspectors, but Don Adler, the person I was talking to, was not aware of any safety problems out on the job. I was also going to verify that with Richard Meyer of INDOT. Richard has not called me back either. In regard to the employee issue according to the payroll reports the employees are all from Kentucky and we do have the payroll report so we are checking into those to make sure everything was complied with as far as the prevailing wage. President Jerrel: Make sure they are paying prevailing wage. John Stoll: I've also got a call into John Sunderman to ask him about their hiring practices in regard to the availability of applications and whether or not he is aware of any safety problems out on that project. So as soon as I find out all those answers, as soon as Sunderman and Richard Meyer call me back, I'll give you another update. President Jerrel: Okay. John Stoll: Final item. Commissioner Tuley: Yeah...I'm sorry, you've got another item. John Stoll: I'm sorry. Commissioner Tuley: No, that's okay, I thought you were done. John Stoll: The last item I just want to let you know that we've got a project to replace some culverts on Hepler Road and we've got them out to contractors for price quotes and we'll bring in the price quotes next Monday. Commissioner Tuley: Two things. Erik, you'll be involved in this and I don't know if you realize you'll be involved in this or not, but Ward Road what is the start and completion date on the contracted out part plus there was some work in the discussion about on the west side we were going to make some adjustments to some of the culverts that had previously been put in and what have you. John Stoll: I haven't gotten with Erik on any time frames on that. The completion date for the contracted portion of the project, I believe, is April 30th. I'm not positive. I'll have to check that, but I think it is April 30th. We're expecting the contractor to start within the next couple of weeks. They haven't really set up a specific start date. They want to avoid weather like we had yesterday, so that's why really they haven't started yet. Commissioner Tuley: Okay. John Stoll: But we expect that they'll start here shortly. President Jerrel: It would be a good idea, too, if Valerie or someone could go with them and look at those drains to see what ought to be done so that-- Erik Bentle: We've been out there looking at it already. President Jerrel: Yeah, are you ready? Commissioner Tuley: Do you have any idea when you guys...are you going to coordinate it and do it at the same time? Erik Bentle: We're going to try to do it at the same time because if you get two projects going out there at (inaudible comments made away from mike). We're going to try to do it all at one time. Commissioner Tuley: Okay, John, the other thing that I've got I received a letter from, I'm going to assume a young man, asking basically about the Heckel Road Bridge completion dates and what have you. You want to look at this? John Stoll: Yeah, I can respond to it. Commissioner Tuley: He's asking for...you know, he is thanking the Commissioners for deciding to do the work, but he would like to know when we are going to do it and get it done and what have you. John Stoll: Yeah, I can respond to it. President Jerrel: I have one. Commissioner Tuley: You have one, too? Same thing? President Jerrel: No, this is on the railroad crossing at Burkhardt and Morgan. And I know we don't do railroad crossings, but I thought if you could send a letter to Mr. Wagner, that's the letter that I received, and perhaps send a letter to the railroad. John Stoll: We've contacted the railroad in the past back when we started the Cross Pointe project asking them for repairs which they never happened. I don't know if it's because we will be replacing this entire crossing when we do phase three of the Burkhardt project that they don't want to sink any money into it right now or what, but I can contact them and let them know and I can send this person a response letting them know that as soon as we get the right-of-way acquired out here and get this project on a bid letting that the entire crossing will be replaced. President Jerrel: I also wanted to tell you...you asked me to write a letter to Senator Garton about House Bill 1113. John Stoll: Oh, on that right-of-way issue? President Jerrel: Right-of-way, yes, and I did hear from him and he just said that prior to receiving your letter I signed House Bill 1113 to the Senate Finance Committee. I remember reading it and thinking the bill was good for owners of farmland although I doubted that it benefitted taxpayers. Unless the bill has changed significantly I will not support it and he is encouraging me to get a hold of Larry Borst, too, because of the...if it would amount to that much additional cost for us it is bound to affect the rest of the state. John Stoll: Everybody. President Jerrel: Everybody else, but I wanted you to know I had gotten a positive response. John Stoll: Hopefully it won't pass because we don't need to pay 25 percent more for all of our right-of-way. President Jerrel: Well, I mean, I don't think he realized,
you know, that it was going to be that significant. Okay, any more?
President Jerrel: Okay, County Garage. Erik Bentle: Okay, I just got a couple of things. You've got my weekly work schedule. The goals that we set for `99. President Jerrel: Yes. Erik Bentle: I've got one travel request here for me and the Bridge Foreman to go to Purdue Road School next week. President Jerrel: Is it in our file to be signed? Erik Bentle: No, you've got the only copy of it. I didn't have a chance to make the other copies off for them. President Jerrel: Okay. Commissioner Tuley: Who is going with you? Erik Bentle: Stan Lutz. Commissioner Tuley: Stan is? President Jerrel: Uh-huh. Erik Bentle: The other thing I've got I would like to introduce my new Assistant Superintendent, Mark Taylor. Commissioner Tuley: Mark. President Jerrel: Welcome aboard. Mark Taylor: Thank you. Erik Bentle: Mark is doing a good job so far, so he is coming along real well. President Jerrel: Also we do have in your report that...your packet that you received the paving list which is pretty ambitious. I know we put out an all call through the media, that's just a replacement, but there is a large ditch-- Commissioner Tuley: Oh, a ditch list as well. Erik Bentle: Okay, now this ditching list, I also wanted to say, we will be adding some to this. President Jerrel: Yeah. Erik Bentle: We've got an overwhelming response to this. President Jerrel: Yeah, I can see that, but that's good. Erik Bentle: Oh, yeah, it's great. President Jerrel: Because, John, we want to be sure that since this has increased significantly that we get a pie diagram that we can follow our progress. Erik Bentle: Yeah. President Jerrel: As we get started, so if you don't mind. Is there anything else? Erik Bentle: No, that's it. President Jerrel: Okay, thank you.
President Jerrel: County Attorney. Joe Harrison, Jr.: I don't have anything.
President Jerrel: The Superintendent is not here. Is there a motion to accept the reports that are in our file for Burdette, Soil & Water and the Ozone Officer? Commissioner Tuley: I'll so move at this time. President Jerrel: And I might add the Weights & Measures, I'm sorry. Will you add them? Commissioner Tuley: I will include them in my motion. President Jerrel: Okay, and I'll second and say so ordered.
President Jerrel: Under the consent items is there a motion to approve the travel request and the employment changes? Commissioner Tuley: I'll so move at this time. President Jerrel: Okay, I'll second and say so ordered. That included the obsolete...we have the contract and another issue on an automobile. That contract that Marsha...did you get a chance to look at that? Under your left arm. Joe Harrison, Jr.: No. President Jerrel: Okay, well she would like to enter into a lease for a new copier because she can get a new one that will do considerably more copying than the two old ones she has and it will only cost a couple of hundred dollars more and she'll pay for it out of her commissary account, but she felt the contract ought to be entered into by the Commissioners. Joe Harrison, Jr.: Is it with the same company? President Jerrel: I think it is with Xerox. She got quotes on it through Jerry Bryan, that's what he prepared for her. Joe Harrison, Jr.: Okay, I would prefer to wait until next Monday, is that okay? President Jerrel: That's fine. Joe Harrison, Jr.: Since I haven't had a chance to look at it. President Jerrel: Okay, and then the other is Teri Lukeman has a request for a Sheriff's vehicle to declare and we can't tell exactly which...she thinks it is that title and she is going to...she asked if we could run that through the meeting tonight. It has been junked, I believe. Joe Harrison, Jr.: I don't see any problem with that subject to verification that this is the proper title for the Sheriff's vehicle. President Jerrel: Okay. Commissioner Tuley: What do they want us to do with the title? President Jerrel: Sign the back of it and she'll hold it until she gets verification. She is sure that is the correct one, but Officer Crider was not available and she didn't want us to...she just wanted that caveat in there so she can check it. Commissioner Tuley: Okay...I'm sorry. Joe Harrison, Jr.: What I would do is maybe you can go on and approve it-- Commissioner Tuley: Subject to. Joe Harrison, Jr.: --and then maybe you can sign it next Monday. President Jerrel: Well, I think they want it right away, so we can-- Commissioner Tuley: We can move approval of signature of it and basically you would be allowed to sign it after such time that you receive the verification. President Jerrel: Right. Commissioner Tuley: And I'll so move. President Jerrel: Okay, second and so ordered.
President Jerrel: Is there any old business? Commissioner Tuley: I have no old business.
President Jerrel: Okay, under new business we have a grant from EUTS for the Greenway, for the enhancement money, and Rose Zigenfus brought it down and asked that we sign it. This is to INDOT-- Commissioner Tuley: A grant application? President Jerrel: Yes, a grant application for funding to do the Greenway from where it ends now by the museum, in that area, all the way out to Angel Mounds. Commissioner Tuley: Okay, I would move approval of the request to sign the application to the Indiana Department of Transportation, Transportation Enhancement Application is what it is called. President Jerrel: I'll second and say so ordered. The next item under new business is we have some kitchen material for The Centre. Commissioner Tuley: Yeah, as we saw this week or last week as we toured we can see that the auditorium and convention center is moving along very nicely. We need to or I will move at this time then that an amount not to exceed $697,000 be set aside out of Food and Beverage for the purchase of the equipment kitchen...or equipment for the kitchen. President Jerrel: I'll second...what was the not to exceed? Commissioner Tuley: Not to exceed $697,000. President Jerrel: Okay, and I'll second and say so ordered. I just wanted to read a couple of other items that I had included besides the purchasing practice. I would also recommend that the Commissioners...you might want to listen to this one, I would like to recommend that the Commissioners instruct department heads to send a copy of all valid drivers license of each employee who operates a county vehicle. We're going to...they have been requested by Hofmann & Dillow, our county insurance agent of record, so that would be Burdette, Garage, Health Department, Area Plan, your people, John. And then I would also recommend that the Commissioners initiate negotiations at this time for all union contracts that are due to expire 12/31/99 in the hopes that we can accomplish that. The last item on the agenda I had just recommended that we, the Commissioners, spend some time in a future meeting where we can develop a plan that will give us an opportunity to share some of the oversight of some of our departments. Sort of a liaison arrangement like the Council has. Commissioner Tuley: I'm sorry, I was thinking of some things here I need to do. President Jerrel: I just said I would recommend that we share oversight of some of our outside departments and perhaps we could develop a plan. Commissioner Tuley: For the Commissioners to act-- President Jerrel: Yeah, right. Commissioner Tuley: Oh, okay. President Jerrel: The same type of arrangement. Commissioner Tuley: I'll so move. President Jerrel: Okay, on all those including the purchasing? Commissioner Tuley: Yes. President Jerrel: Alright, and I'll say second and so ordered. Commissioner Tuley: Okay, I have a couple of more new items that I need to bring up. President Jerrel: Okay. Commissioner Tuley: Commissioner Mourdock had made the mention that due to the fact that we had been notified by the state of the possibility of some grant money to do some joint ventures with surrounding counties I would like to tentatively try to see if we could not schedule a joint meeting for April 7th at 5:00 p.m. President Jerrel: Eighth. Commissioner Tuley: April 8th, I'm sorry, wrong date, which is a Thursday night, correct? President Jerrel: Right, is that okay? Commissioner Tuley: That works for me. I understand some of the counties have been contacted so we want to say tentatively set for April 8th at 5:00 p.m. The designated place will be announced later as we confirm that. It will be advertised as a joint meeting of all four counties if all four would be willing to participate. President Jerrel: That's fine. I'll second and say so ordered. Joe, if you could get something because the Warrick County folks would...they are the ones I met with and we need to see about the rest of them. Commissioner Tuley: Okay, and then the final thing I think you had requested or mentioned a desire to start negotiations with the Teamsters for our contract. President Jerrel: That was on that motion. Commissioner Tuley: That was in that motion already? President Jerrel: Yeah. Commissioner Tuley: See, I was sitting here worrying about what I got to say. It's already covered. That's it. I'm in enough trouble. President Jerrel: Alright, is there a motion to adjourn? Commissioner Tuley: I'll so move. President Jerrel: Second, so ordered. The meeting was adjourned at 6:35 p.m. Those in attendance: Bettye Lou Jerrel Patrick Tuley Joe Harrison, Jr. Suzanne M. Crouch Charlene Timmons Jerry Bryan Michael Robling Kerry Jackson Marco DeLucio John Stoll Jerald Jones Jerry Jones Steve Nichols Martha Runnion Jim Morley Virginia Schmuck Others unidentified Members of the media
Vanderburgh County Board of Commissioners
Bettye Lou Jerrel, President
Patrick Tuley, Member
Recorded and transcribed by Charlene Timmons. |
