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Vanderburgh County
Board of Commissioners
November 22, 1999
 

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The Vanderburgh County Board of Commissioners met in session this 22nd day of November at 5:40 p.m. in 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 Board of Commissioners' meeting to order. At this time I would like to introduce those of you...to you those of you in front of you at this table. Beginning on my far right is Tony Greubel, the Superintendent of County Buildings; next to him Joe Harrison, Jr., the County Attorney; Commissioner Pat Tuley to my right; far left, Charlene Timmons, the Recording Secretary; Suzanne Crouch, County Auditor; and Commissioner Richard Mourdock; and my name is Bettye Lou Jerrel. Would you join me in the Pledge of Allegiance?
 
Approval of minutes

President Jerrel: Is there a motion to approve the minutes of the previous meeting? 

Commissioner Mourdock: I'll move approval of the minutes of November 15, 1999. Just as a reminder, you and I were the only two present.

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

Commissioner Mourdock: The next item is the certification of the Executive Session.

Commissioner Mourdock: I'll move approval of the minutes of tonight's Executive Session that began at 4:45 and ended at 5:30. That session dealt solely with county personnel matters.

Commissioner Tuley: Second.

President Jerrel: So ordered.
 
Open RFP - Digital orthophotography (GIS project)

President Jerrel: The first item on the agenda, is there a motion to approve opening the bids for the...or the RFPs for the digital photography?

Commissioner Mourdock: I'll move approval of the opening of the RFP for the digital orthophotography for the GIS project.

Commissioner Tuley: Second.

President Jerrel: So ordered and we have a lot.

Commissioner Mourdock: Yeah, is that what all the boxes are back there? 

President Jerrel: Yeah, we have lots. 

Joe Harrison, Jr.: Yeah.
 
Jerry Bryan - City/County Purchasing

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

Jerry Bryan: Good evening, Commissioners. The first item on the agenda is permission to extend APA017-2000, guard rails and end pipes. Normally this is a joint city/county bid, but this year the usage is down because we still have some guard rails and things leftover from Burkhardt Road. We're only going to have $20,000 this year. Becky Dixon, the Controller, and I suggested that we roll this bid over for the year 2000. I have a letter that I have given Tony Greubel for CPI where we can have the Commissioners sign and roll this over at the same price as last year. M & W Concrete Culvert has agreed to roll their prices over. I'll check again this summer and if there is enough requirements for a city/county bid then we'll bid this jointly again. I ask you to approve the rollover for guard rails and end pipes. 

Commissioner Mourdock: And I'll move approval to extend APA017-2000 for guard rails and end pipes.

Commissioner Tuley: Second.

President Jerrel: So ordered.

Jerry Bryan: The next item is the surfacing materials, APA005-2000. This is similar to last year. We have four bidders: Jerry David Enterprises, Gohmann Asphalt & Construction, E & B Paving, and J.H. Rudolph. We will do the same thing as we did last year. When we have a west side paving job we'll use a west side paver, a north side we will use the north side paving and E & B Paving and Rudolph. The mileage is 124 a mile plus the per ton price gives you the job site cost. This is similar to last year although there was a little bit of increase in the per ton on the concrete. 

Commissioner Mourdock: I'll move approval of the awarding of the bids for APA005-2000 for surface materials.

Commissioner Tuley: Second.

President Jerrel: So ordered.

Jerry Bryan: Okay, the next item on the agenda is liquid asphalt. We only have one bidder, J.H. Rudolph. The usage on this about 200 gallons to the city. They have already approved this. The county uses more of this. We used 2,000 gallons last year. This is an asphalt tack that goes on the rock. J.H. Rudolph spent about the same amount of money last year, about $46,950 and I recommend that we use Rudolph again this year.

Commissioner Mourdock: So moved.

Commissioner Tuley: Second.

President Jerrel: So ordered.

Jerry Bryan: The next item on the agenda is the tabulation of the year 2000 tax bills for Jayne Berry-Bland. We sent this out to three bidders: Standard Register, Reynolds & Reynolds and Moore Business. Jayne recommended that we stay with Standard Register. They were the vendor that did it last year. We don't have that much experience with Reynolds & Reynolds and for a $675 savings we didn't think that justified the risk of a new vendor. We recommend that we stay with Standard Register to print the tax bills for next year. 

Commissioner Mourdock: I just need to question our County Attorney on this one. Joe, are you familiar with this one? Did you review the bids? 

Joe Harrison, Jr.: No.

Commissioner Mourdock: I'm not questioning the judgement of either Purchasing or of the County Treasurer--

Joe Harrison, Jr.: Why don't we do this, why don't we hold off for a week, okay?

Jerry Bryan: That's fine.

Joe Harrison, Jr.: And let me look at it because I didn't have a chance to speak with you.

Jerry Bryan: That would be fine. That's fine, okay.

President Jerrel: Is there a motion to defer?

Commissioner Mourdock: So moved.

Commissioner Tuley: Second.

President Jerrel: So ordered.

Jerry Bryan: Okay, the last item on the agenda is the timber materials. This is American Timber & Bridge. They do all the timber materials for the county. The prices are very similar that we had last year and we use about $200,000 worth of timber materials for the county. This is strictly for the bridge work. I recommend that we use American Timber & Bridge for this year, please.

Commissioner Mourdock: So moved.

Commissioner Tuley: Second.

President Jerrel: So ordered.

Jerry Bryan: Thank you.

President Jerrel: Thank you.
 
Bob Quick - Work force development proposal

President Jerrel: The next item on our agenda is a proposal that is going to be presented to us by Bob Quick who is representing the Chamber of Commerce. Bob has been speaking about this, but we think it's time he explains it to us now. Thank you.

Bob Quick: Thank you very much. My name is Bob Quick. I'm the President and CEO of the Metropolitan Evansville Chamber of Commerce. I have, as you pointed out, have had the chance to speak more informally about a work force initiative that the Chamber has been involved with. Tonight what I would like to do would be to give you more details. What I just gave you was a copy of a letter that puts in writing more of the specifics regarding what we are proposing. If I can, I might try to get one letter back. Work force development issues right now are the number one...is the number one issue that is affecting our ability to sustain our growth and we think it's a real threat to our ability to continue to grow in this region. Two years ago the unemployment rate in Vanderburgh County was 5.1 percent. That's a July number. July of 1999 we're down to 2.6 percent. I know that number fluctuates, but what we do know is that the number will more than likely continue to shrink. Worker shortage issue is a bigger issue than just employment numbers. Today our regional businesses are competing in a global marketplace for highly specialized workers. Southwestern Indiana is in a recruiting race with other large US cities in other more well known metropolitan areas. To many the Evansville southwestern Indiana region is an unknown area. Perceptions of our region are not necessarily as negative as they are unknown, so this puts us at a recruitment disadvantage. Other complex work force issues continue to confront us such as an accurate assessment of current and anticipated skill gaps between employment needs and the work force pool, the recruitment and retention of minority ethnic and young unmarried persons, the need for a sustainable framework for effective work force collaboration between the region's institution of business, education, government and society and how and in which ways to modify public policies to deal most effectively with the issues of worker dearth. Worker dearth is the skills needed and the availability of people in an area with those skills. To begin the process of understanding the above work force issues the Metropolitan Evansville Chamber of Commerce has engaged the nationally known and respected Hudson Institute to facilitate a six month planning process that will lead to the creation of a strategic work force development plan. One thing that I run into across the board with everyone I see is people say we don't want another initiative if the outcome is to let the resolve collect dust. I'm here in front of you to say that the implementation of this work force plan will be our number one priority and my Board of Directors has made it very clear we will carry out the outcome of this initiative. The tri-state's work force challenges are complex and growing as each day passes and without a strategic plan of action our regional community is divided and left to fend for itself. The tri-state work force initiative is a regional public/private effort, however I believe the onus to make this initiative work falls back on the leadership of the Evansville and Vanderburgh County community. We are considered to be the hub of the region and the focus when worker recruitment is conducted. To date I have been able to secure a little over $45,000 of the anticipated $60,000 that has been raised. All of the money has come to date from the private sector and each contributor, and I listed those for you: Koch Enterprises, SIGECO, Bristol-Myers Squibb, Mead Johnson Nutritional, Toyota Motor Manufacturing and the Chamber of Commerce right now are all large regional employers. I would like to request and I know that I am also setting up to meet with the County Council to discuss Vanderburgh County's elected leaders considering contributing $10,000 to this work force initiative. All the money raised by the contributors will be used in the initial process or used during the implementation process. As I've gone out and talked with all the contributors to date, and there are many others out there who have talked about...who are very serious to help us after we come up with the implementation plan, I made it very clear that the $60,000 on the front end is just going to be a drop in the bucket to what we're going to need to really carry out this implementation plan, so this very much is the beginning and a launch to a much bigger initiative. The County Commissioners would be included in the planning process and kept abreast of the project's progress as we would go forward. I would appreciate your consideration and involvement with this initiative. I also have put together, and I apologize, Suzanne, for stealing your copy.

Suzanne Crouch: Oh, that's alright.

Bob Quick: I put together another attachment. That back attachment gives more specific what the goals of this project would be for the tri-state work force initiative. I won't go into any of those in more detail unless you prefer that I do. Project activities, for example, when we start moving into this what are the steps? The third area, I want you to know who will be working with us and Dorrie LoBue who could not be here tonight, she is the Vice President for Expansion Retention, and I spent an inordinate amount of time scouring the nation and looking for who are the best people, who is the best person, the best firm, to help us with this because we had an initiative eight months ago that did not work out. It was one that we tried to drive locally, regionally. Every name that I kept coming back to was Dr. Richard Judy and Edward Barlow. That's who then we started pursuing. They're located out of Indianapolis, so that was helpful, but they're intrigued by our part of the region because of the growth that we've had as we are intrigued by how do we get a handle on the work force issue. So there are four people mentioned there and they are the four principals that we would be working with, but Dr. Richard Judy himself will be the primary principal. I also wanted you to know the sponsors to date and I wanted you to know the definition of the region. This cannot be a Vanderburgh County/ Evansville initiative. As I've been out and I've talked with all the large manufacturers and the small, medium sized manufacturers, retail and service companies in this region they all agree. Where I come from tonight is the Metropolitan Evansville Chamber, we're going to be a partner in this with everybody who wants to come to the table. So far the receptivity has been great, but we're looking at a six county area and possibly we may even look at Perry County. It also...our research goes into Illinois and clearly into Kentucky, but we are going to be the lead group to set this up and to get it moving forward. Just like tonight I am asking for Vanderburgh County to consider being also a leader to help us launch this initiative, but this is right now the most perplexing issue we're faced with, our businesses in this region, and every day that passes makes it more difficult. The final piece I would throw into this is we have to work together as a region. I know how active you all have been in trying to set up economic development planning from a regional standpoint and all the other issues. Work force development, the only solution and answer is a regional one. It is not one here in any one given county and we have to break down the walls. The walls that a river creates and the walls that county lines create. Dr. Judy has made it very clear to us, inclusiveness is the name of the game here, that everybody has a chance to come to the table and work on this, so we have spent months on this project. I tried to keep Bettye Lou abreast. She has provided really good insights about things to be careful of, steer around, and things that we could add to this and it has really helped us in the development of it. At this point I would really ask you if you have any questions, comments? I'm looking for some guidance. 

Commissioner Mourdock: Okay, a question first, Bob. You mentioned the effort that was on eight months ago that didn't work. Why did it fail?

Bob Quick: In retrospect looking back I think the fact that we tried to do our own facilitation locally without an expert, that we really didn't go out and find that person who knew work force development inside and out, that knew best practices that was going on that could help steer us in the direction we needed to be going versus we kind of would weave. I think another thing was that our regional nature of this just didn't work the way anticipated. This time what I've done is I've gone out and I've talked with the large employers in most of the counties, not all, but most of them and there is a real excitement because they clearly know we have to address this issue and the clock is running, ticking on us right now. I would say those are probably the biggest issues. We've stepped up. The Chamber has never...the Metropolitan Evansville Chamber that I know of has never put in the kind of money that we are. We just put in $10,000 into this study ourselves. That was unheard of, but that will tell you how serious we see it and we're committing we're going to put in a lot more after we start going through on the implementation, so I'd go back to leadership and I think we're stepping up to the plate in a more significant way, Richard.

Commissioner Mourdock: Are you aware of what the Lilly Foundation is soliciting now by way of grant applications for up to $50,000 for work force training issues?

Bob Quick: Is that the meeting on the 29th or 30th?

Commissioner Mourdock: About the 30th.

Bob Quick: Yeah, we're going to be at that, but we're--

Commissioner Mourdock: Very good. You got this then?

Bob Quick: Yes, and we also applied for a federal grant that could provide us with some substantial revenue. We are not hopeful since that is national grant, we have a feeling that everybody is going to be applying for it, but we also did apply for that.

Commissioner Mourdock: I noticed your agenda item on our itinerary Saturday just moments before I got this which is why it came together and part of the thing here they're looking for is their buzzword, if you will, is community-wide collaboration. It occurred to me that what we've started with Gibson and Posey may be something that could be built into with a good lead and your group may be part of that and it could easily bring another $50,000 to this. Speaking of the money, you mentioned Vanderburgh County and Evansville in passing, but on your funding I only see Vanderburgh County. Is the city contributing as well?

Bob Quick: I'm going to be approaching the City of Evansville. I've had some, again, informal discussions with members of the City Council. We're having some discussions with the mayor-elect also. So, yes, we do see their involvement in this. It's very significant from the standpoint of we do not want this just to be seen as entirely a private section initiative. We're trying to make sure that this is a public/private venture. 

Commissioner Tuley: The only reason I am leaning forward is because your question is exactly what I am looking at. When we're talking about it being a regional approach other than Toyota out of Gibson County all these others are Evansville/Vanderburgh County based companies. So in your contact with these other people my assumption is since you got a positive feel from those people and this is just a drop in the bucket to get the process started they'll come onboard afterwards?

Bob Quick: Well, I can only tell you what they have told me and that is there is...everybody knows we have a problem and the problem is nationwide. It's not just something isolated to us. We now have, because the issue is so critical, we've got people coming together. I have not gone out to other public sector entities, just to be very up-front with you, and I'm seeing this that in Vanderburgh County we need to begin with us, too, as a Chamber, providing that leadership to launch. I was talking with GE Plastics today and they are very involved with this. We are putting together a project steering team. The project steering team right now consists tentatively we're looking at 19 individuals and it's going to crisscross amongst a lot of the economic lines of the community. So as I've gone out and talked with them I have made it very clear to GE, I've talked with Alcoa, Toyota, that, again, the end of this it is going to require us to come together in a more significant way. What I like about the list of sponsors so far is when you look at Bristol-Myers Squibb, Mead Johnson Nutritional, they're here and in Posey. When you look at Koch Enterprises they're here and in Henderson as well as across the world. Our Chamber membership is now multiple county. We have a lot of businesses from multiple county areas including Henderson, Kentucky. SIGECO, again, they cover a very large multiple county area where they provide service and Toyota Motor Manufacturing Indiana, again, they draw in from quite an area. So we like that from the standpoint that is truly regional. I do think our challenge will be as we go out to the public sector to try to get other communities to come to the table, but I believe if we work through the process properly the entities within those different counties will be making those requests and bringing those individuals along to understand the importance. Pat, I may be naive, but I have never seen an issue quite like this one. Interstate 69 would be another one where I've really seen people want to come together and see the value of the need to do so. That's a long-winded answer, but I've not...for example, I don't have people that have said I'll provide you after implementation X number of dollars, but I would also share this, we're also working on other work force initiatives as we speak. I've gotten, again, a lot of corporations big and small to ante up and provide considerable money for these different initiatives. For example, a web site recruitment tool, we've got quite a few companies that have stepped up on that. Our pitch has been instead of everybody doing it individually, every corporation, and everybody sinking in all this money and having your own, why don't we come together and leverage all these resources? It's really played well, so we're all able to save money and at the same time come out with just a spectacular product at the end.

Commissioner Mourdock: As the private sector person on the Board, I'll tell you that the private sector is very, very worried about this issue. I think without question there will be a great surge from private sector going along with this if, in fact, Toyota makes the announcement that the other line is going to up in Princeton because you're talking about another 1,200 people. That's a good problem to have, but it is a real problem.

Bob Quick: I want to throw something out. We always focus our attention at Toyota and some of the larger corporations, but if you at the Berry Plastics, again I would consider a large, homegrown type entity. When you look at Anchor Industries and all these other companies and you start adding the thousand of job creation numbers up it becomes huge. Toyota, when you look at their numbers or a bigger corporation, they're large also, but when you start adding all those numbers collectively together we have done extremely well, but the cautionary point is that how long can we sustain this kind of growth? We need to start delving into the issue. One thing I think we're good at is attacking it and we may not like some of the outcomes that we have to do, but then we have to do them.

President Jerrel: You know, we did not really have much success with our component of training in our program that we started with the riverboat money. We were actually...you know, I think that probably makes this more appealing to me is the fact that you're...I'm hoping that Hudson Institute research shows precisely what we need as a community to focus on with our young people, our displaced workers, our workers that have never maybe had the challenge nor the goal to succeed who could with some assistance and maybe you can find those magic components. I would venture to guess any successful person who is working has those skills that we may be able to not only partner in this respect, but you're going to be impacting the educational institutions to a large degree.

Bob Quick: Also I have had a chance to talk...very much so. I've had a chance to talk to Dr. Schoffstall. Very excited about this opportunity. As a matter of fact, met with him Friday in a more formal setting to go through a lot of the details. Again, how we work with our young people...we just assume they are going to graduate from high school, they'll go on to tech school, they'll go on to a four year or they'll stay here. Well, we all know that a lot of young people like to leave. I say, there are thousands of communities across the country where the young kids think I'm going to leave and go some place else because the pasture is a little bit greener. Well, let's also try to attract those folks, but let's spend a lot more time mentoring, working with building relationships with our young people to let them know what exists here. 

President Jerrel: I think that is the key. They really do not know the opportunities that are in this community and when you mentioned I-69 we really have a lot of small communities all the way up the road between here and Indianapolis and Bloomington that, you know, we're going to try to put forth another grant application tomorrow afternoon that will include all those little communities and what better way if that becomes a reality to tie this in with it because it's going to make a major impact.

Bob Quick: I'll be honest with you, I-69 has been the model for helping us to figure this whole thing out and that has been so successful and we're really just using the same model, again, where no one owns this project. We don't own it and I am putting $10,000 in and I will not, Bob Quick, will not be at the table with everyone else. We're having the people that need to be at the table there to solve it. I'll be there in full force with my staff and resources to make it happen, but there is not going to be anyone that is going to dominate this and that will be the best way to get to the roots of it. I have been very impressed with everyone that I've talked with. We've talked with labor. We talked with Jack McNeely. He has been very impressed by this and has agreed to be a part of it. Education. I haven't been turned down anywhere. Henderson, Kentucky has been extremely invaluable and great to interact with on the project.

President Jerrel: Well, without further ado, I don't know, are you ready?

Commissioner Tuley: One question, and it is just a clarification point. The concept or idea is to identify the skills needed in this metro area for current work force needs plus anticipated work force needs in the future and get that through our education, through our labor force people and what have you to set that training in motion so that when someone comes and looks at Evansville they can look through our training process that we will have a viable work force with these students and existing people that will have the skills necessary, is that right?

Bob Quick: Yes, that's one piece of it. There are many pieces. I would ask you to go look on this second sheet I've provided you under goals and we have spent months on this with Richard Judy himself and have really tried to focus in on to be general, but specific enough where we needed to be. Pat, that is part of this, yes. And it gets into technology. It gets into how we communicate and how we educate people. I'll tell you, there is no community in this country who has figured this thing out yet except for Dallas, Texas where they have got a lot of people moving into Ft. Worth where they just got a lot of jobs moving in and people with it. Most communities are just like us and most communities don't know how to handle it and they're just kind of throwing things up against the wall and hoping they'll stick. Ours is a whole different process. We're going to have to get in and research this thing, not to death, but to really know what the facts are and then we're going to have to be honest with ourselves as we go through this thing and I'm sure there are going to be hiccups as we go along and blips along the way, but we have to figure out...something else you reminded me of if I could digress a little bit here. There was a day when we could say to people who were on welfare to work or people with disabilities we could just kind of ignore them. Those days are gone. Gladly, those days are gone and where we can start to interact with everyone and all of us can be at the table to figure out how can we bring together all of our citizens. Again, I know I am being big pie in the sky, but that's what we have to do to get our hands around our work force issues and to figure out where we want to be and where we want to be in the next 25 years. There will be no easy answers here. I'm here to tell you, we've gone through this. We've got other initiatives ongoing and they are complex, they're difficult, but the great thing that I've found so far is that people have really come together because of the dire nature of this issue. We have in this community, now I'm preaching and I don't mean to, but we have in this community some of the greatest minds. It is amazing when you really go out there and you go to Mead Johnson and the people that you bring to the table. Accuride, a great new corporate citizen, and Toyota, and Whirlpool. The list goes on, the PPGs. Great quality work force here, so we just need to better leverage that and make the work force--

President Jerrel: What you're also saying is those people that are working poor perhaps could set goals greater for themselves too and be trained to step up a notch.

Bob Quick: And as a community we have to see to it that we help to provide that function.

President Jerrel: That's right.

Bob Quick: It will not get done if we don't step forward, private and public sectors. It is not entirely on your back to do that and it ought to be a lot on all of our shoulders to figure that out. Again, if we can figure that out, Bettye Lou, we're going to be so much further ahead than most other communities in this country. So, again, Pat, I want to go back to we don't have any false pretenses here that this is going to be easy, it's not, but I know one thing is that our board looked at this for two months before they finally bought off and agreed to it. I've never seen an issue discussed, debated and hashed and when we got done it was unanimous as far as how to go forward. We are now slowly just rolling this thing out.

Commissioner Tuley: You guys are slow to act. You had two months and you're going to give us ten minutes.

Bob Quick: Well, hopefully I have kept Bettye Lou informed.

President Jerrel: We don't have to make a decision tonight. It would be helpful if we give some direction to County Council because they're the ones that are going to...though we do have the funding in place in our economic development line item and I view this as very much a part of economic development.

Commissioner Mourdock: Economic development line item from the riverboat money?

President Jerrel: Yes.

Commissioner Tuley: Yeah, that's what immediately comes to mind because that is what it is.

Commissioner Mourdock: Right, it's infrastructure.

Commissioner Tuley: And I really don't need two months. I'm just teasing with you.

Bob Quick: I was going to say, this is no pressure. This is not a high pressure thing at all. We want you to feel comfortable. There is, I'm telling you, there are years ahead with this and we want you all to feel comfortable with where we're at. I am not going to let you think that I am Mr. Perfect and know it. I don't and we've learned as we've gone through this and talked to other communities in the country, so we're all in this together and feel comfortable, Pat.

Commissioner Tuley: No, and I do. I maybe shouldn't have made that comment because I do understand and I have talked to enough people that in just...I'm talking about lay people that, you know, what if another Toyota or something like that came here? Where are we going to get these people?

President Jerrel: Well, they won't come if they--

Commissioner Tuley: That is exactly the point.

President Jerrel: If we don't have a work force they won't come.

Commissioner Mourdock: I might beg to differ there. I think they kind of work off the theory of if we build it they will come. 

President Jerrel: But they leave the other jobs empty.

Commissioner Mourdock: That does happen. That's right. It's the pull up effect. I mean, our company has lost people to Toyota recently and we never...smugly, if you will, we're known as a good employer. We're employee owned. We smugly thought, well, we're not going to lose any employees to Toyota and we've lost a couple.

Commissioner Tuley: Sure.

Commissioner Mourdock: The message is out within our organization. We're trying to use our other employee owners to help pre-screen people to get them in the door, but you know what? We can't even find the right kind of people using that kind of process to bring them in the door. It is a key issue. 

Bob Quick: I want to add to this. I think, again, we only represent existing business, that sector. We do not do any recruitment. That is Vision 2000 and they're very good at what they do. The existing business community has been expanding. The existing business community is struggling. Times may be good, but there is a lot more competition in this market. There is a lot more competition in general, so again this is one of many pieces that we have to be working on to keep our quality of life and our vitality in check. 

Commissioner Tuley: Well, and that's a good point. When you look at the continual moving up, as you say, eventually what we're going to be left with if we don't identify and tackle this problem are the people who truly just don't want to work and we're not going to attract anybody else here because we're not going to have the work force. So I am not making light of what you're trying to do by any means.

Bob Quick: And I didn't take it that way. There is just a lot of angles to this.

Commissioner Mourdock: With all that the only thing I would add is almost, I don't want to say conditional, but I know it says on the page here, Bob, that you will keep us informed and keep us advised as far as what happens. I really think this board given the initiative that we've shown over the past several years to work with the other counties can be a key player to help you move that along, so I would ask you to keep us involved from that point. 

Bob Quick: And I'll make this promise, I will be here as often as you want, myself or a representative of this initiative. We will meet you any place and we just do that anyway, but--

Commissioner Mourdock: Okay.

Bob Quick: This is a very inclusive project.

Commissioner Mourdock: I would move at this time that we have the President direct a letter to the County Council requesting the $10,000 expenditure from our infrastructure development account.

President Jerrel: You know, before you second that let me just make a comment. You know, we can do that without asking anybody, but I think it would be very, very smart on your part to go talk to Council about it.

Bob Quick: Yes.

President Jerrel: And they may want to appropriate it because they are our partners and we need to be working together. We have the funding in place to do it right now without anything but Pat seconding the motion, but I think I would encourage you to go to Council.

Bob Quick: And I will. That was some advice that you gave me early on too and absolutely. Again, I don't want to make anyone upset. I'm just now starting to go through some other motions of talking with individuals and entities. 

Commissioner Tuley: Yeah, I don't have any reservations with making a second to that.

President Jerrel: Okay, so ordered. Thank you.

Bob Quick: Thank you for your time.
 
RFP recap - Digital orthophotography (GIS project)

Joe Harrison, Jr.: Bettye Lou?

President Jerrel: Yes.

Joe Harrison, Jr.: Can I go ahead and read for the record because I know they want (inaudible, mike not on).

President Jerrel: Sure. We're going to very quickly let our attorney now go back to Item C. 

Joe Harrison, Jr.: This is on the RFP responses to the digital orthophotography bids. Did you have any questions or anything?

Roger Lehman: No, we would like to have those read into the record and taken under advisement until the 20th of December.

Joe Harrison, Jr.: What I'll do is just read the companies that submitted responses. There are ten that submitted responses and thereafter ask the board to take these under advisement and allow your committee to review them and make a recommendation to this body. The ten responses came from the following:

1. GRW Aerial Surveyors, Inc.

Lexington, Kentucky

2. Kucera International, Inc.

Willoughby, Ohio

3. The Sidwell Company

St. Charles, Illinois

4. Woolpert LLP

Dayton, Ohio

5. Atlantic Technologies, LLC

Huntsville, Alabama

6. Surdex Corporation

St. Louis, Missouri 

7. Analytical Surveys, Inc.

Indianapolis, Indiana

8. Williams Aerial & Mapping, Inc.

South Bend, Indiana

9. Western Air Maps, Inc.

Overland Park, Kansas

10. Michael Baker Jr., Inc.

Beaver, Pennsylvania

I would ask that the board take these responses under advisement and wait for a recommendation also from your committee.

Commissioner Mourdock: So moved.

Commissioner Tuley: Second.

President Jerrel: So ordered.

Roger Lehman: Thank you very much. Our plan is to return on December 20th with a recommendation for award. Thank you very much.
 
Les Shively - Spurling Properties tax abatement application

President Jerrel: The next item on our agenda is Mr. Shively representing Spurling Properties. 

Les Shively: Members of the Board of Commissioners, again, my name for the record is Les Shively. You'll have to excuse my voice. I went to a little football game up in Bloomington this weekend and cheered on my alma mater to no avail. 

Commissioner Mourdock: Again.

Les Shively: Again! And in the process lost my voice. I just started to get it back about 3:30 this afternoon, so please bear with me. I have given you a handout here this evening which I am not going to read verbatim. I am going to hit the highlights and hope that it will be helpful in your consideration of this particular matter. First, I want to thank the County Commission for putting this on the agenda and allowing us this opportunity. Although in our correspondence, Mr. Harrison and I have not agreed on the analysis of this particular issue, again, I want to compliment him as I always do for having prompt responses to my letters and sharing with me his wisdom. Again, wisdom which we have a little bit of difference of opinion, but that's what makes the world go round. Let me give you a little background and I have really put this presentation in a very simple format. A background to let you know about Mr. Spurling's project, the decision we're here to talk about this evening, factors which I think you need to be aware of, and I want to note this, too, factors not only concerning this particular issue and this particular property, but in looking at tax abatement, TIF financing, the big picture issue some of these factors are relevant to that as well and then finally in a concluding remark a request for relief. Briefly, a little background. Mr. Spurling embarked upon a project back in 1992 for seeing a need in this community based upon the demographics of quality apartments for senior citizens that were affordable and located in an area nearby shopping and other services for these particular families. His lender at that time, since this was somewhat of a new project for this area, as lenders often do was somewhat conservative and told Mr. Spurling, let's take this in phases. Bill is the kind of guy who likes to go, go, go and go in a big way and he has been successful that way, but when you are working with banks sometimes you have to put the brakes on. One of the things that they suggested that he do when this project was initiated in 1992 was to do it in phases. Specifically, three phases. Phase two was then done in 1992. It was successful. It was given tax abatement financing to make it successful and to keep the rents affordable. In 1994 he embarked upon phase two. Again, tax abatement was given for this particular section or this particular phase of the project to make, again, the rents affordable and make the project feasible. In 1995 this Commission...not actually this Commission, but the County Commission, not necessarily this makeup of Commissioners which was a result of the 1996 election, this was in `95, began a program to deal with the explosion on the east side and particularly Burkhardt Road. And in particular the Gershwin Brown project which made it very clear that unfortunately we were in a reactive mode to the transportation and infrastructure needs out there. The developers were there, but the public infrastructure wasn't. So rightly or wrongly it became the task of the government to deal with it and deal with it immediately. What this board did or that board did was number one it created a Redevelopment Commission for the county in order so that that particular body could designate an area as the Burkhardt Road Economic Development Area, which by the way I think you all are familiar, but for those that may not be goes all the way to Hirsch Road to the north, the Lloyd Expressway to the south, meanders out and goes as far west to Green River Road and east to I-164. A pretty large area. With this in place the Redevelopment Commission then embarked upon a project to improve Burkhardt Road with tax increment financing and in essence that is, as you know, where you take all the additional tax revenue generated from the improvements in this area and use those to fund bonds specifically for this particular project. It allows a lot of cash to come in quickly to do these kinds of project which is good. The downside is it is longer before those monies go into the General Fund, so it's sort of a trade-off situation. You are very well acquainted with and have to do those balancing acts all the time. Alright, the TIF district is created. Now, one part of creating a TIF district is its impact on tax abatement. Normally tax abatement is a function...in terms of approval is a function of approval by resolution by the county's fiscal body which is the County Council. Elected members that make the fiscal decisions for this community. However, with the TIF district in place it now was incumbent pursuant to state statute that any tax abatement application not only get the approval of the County Council, but also receive approval by the Redevelopment Commission who had issued these particular bonds for purposes of determining whether a tax abatement application would have a negative impact upon the ability of the county to repay those bonds or somehow would put in jeopardy that particular debt instrument. On August 4th of this year the Vanderburgh County approved a preliminary resolution for tax abatement for the Spurling Properties, phase three of Lakeside Manor. I have enclosed a copy of that resolution for you which is significant because the elected officials made specific findings that all of the factors that had to be present to justify giving tax abatement were in fact inherently present with this project as they had been for phase one and phase two. Mr. Spurling was told that he was going to have to go through an additional step this time, one he didn't have to do in `92 and `94 and that is to go to the newly created Vanderburgh County Redevelopment Commission. He did and prior to that he sent a very well done in laymen's term a presentation of the history of the project, what he was doing and why, again, consistent with what was already online out there. What he needed and why he needed tax abatement. On August 25th the Vanderburgh County Redevelopment Commission heard testimony from many individuals including Commissioner Patrick Tuley, including Councilwoman Betty Knight-Smith and others and Mr. Spurling. In fact, as I read the material from the minutes of those meetings also included as Exhibit D in the handout I've given you this evening there was not one discouraging word about this project. A vote was taken and by a vote of zero to four it was denied. Following the vote or after the vote was taken the individual members of the Commission explained their vote. A couple of vague references were made to this TIF financing, but two of the members simply expressed their subjective notions of their dislike for tax abatement. In fact, even one Commission member says there is something fishy about tax abatement which I found somewhat curious since all three of our major banks have engaged in tax abatement for their own benefit from time to time not to mention Whirlpool Corporation and other fine corporate citizens. Moving on to the second part of my presentation I truly believe in all due respect to that Commission, and I realize that you all appoint if not the majority I think all the members of the Redevelopment Commission, I believe their decision was arbitrary and capricious and more importantly wasn't in keeping with what the legislature envisioned as their job in the approval process of tax abatement for requests within a TIF district. Section 15 of the bond resolution which was passed by the Redevelopment Commission states as follows:

The Commission further covenants not to change, alter or diminish the area in any way that would adversely affect the bond so long as any of the bonds remain outstanding or to grant any tax abatements on property in the allocation area on any property used in the projections of tax increment prepared at the time of the issuance of the bonds other than tax abatement as shown in these projections. Now, the minutes of that meeting of the Redevelopment Commission of August 25th shows that there was nothing presented by the staff of the Redevelopment Commission that showed that number one this property was in the projections for additional revenues for these bonds. There was nothing presented that shows whether one way or the other whether this tax abatement was included in the projections. As I said before, if you read the minutes Commissioner Tuley speaks, Councilwoman Betty Knight-Smith speaks, some other people speak, all in favor. A vote is taken, zero to four it is denied. Thanks to Mr. Harrison who was kind enough to provide me a copy of the official statement issued in conjunction with the bond issue which would be the material that would show what was in those projections number one, it's unclear to me and maybe I am just a little slow in understanding these bond documents, but it is unclear to me whether the Spurling property, this particular property, was even taken into consideration in projecting the income. In fact, it lists the various projects specifically where they anticipate revenue by name and then some general descriptions are given, but it is still unclear whether Mr. Spurling's property, that is the property for phase three, was taken into consideration. What is clearly in there though is the tax abatement for phase one and phase two were referenced, were taken into consideration and when Mr. Spurling began this project certainly it was known by all public officials that phase three, with phase one and phase two hopefully being successful, would not be far behind. So I would submit to you that the potential tax abatement was taken into consideration in those projections. Notwithstanding that fact is of no moment because the Redevelopment Commission although they were obligated to make findings and delve into this before voting didn't do that. Didn't even consider those factors. I submit to you though that had this official statement of October 2, 1996 been put in the record it would have supported approval. The decision though was based upon, again, personal feelings. You know, this community has been discussing tax abatement for some time and we would probably discuss it for long period of time and all of us in this room would have a different opinion, the pros and cons and what have you, but that's not what the Commission was supposed to do at that meeting. The Commission was supposed to determine whether it was going to affect their bonds. That was never done and that was wrong. Now, some factors that you need to keep in mind, and I don't want to beat to death about TIFs, but I was up here in 1995 representing the Hartmann Family Land Trust that owns the 64 acres that developed in the northwest corner of I-164 and Lloyd Expressway and I was here because my client spent over $1 million to put in roads that were dedicated to the public and was somewhat concerned and bothered by the facts that public dollars were going to go to the benefit of another developer. Now I will say this, we were told at that time that the makeup would come from Virginia Street and this commission, thanks to Mrs. Jerrel, was completed this summer. Virginia Street did get done and we appreciate that because that was some of the trade-off, but it was a small trade-off. This is the mischief of TIF. You know, Mr. Spurling...here is the important...Mr. Spurling is out here on his project on Green River Road almost by Lynch. This bond issue is for Burkhardt Road. He's not going...his property is not going to benefit from this bond issue yet every time he makes an investment in this community he goes...his money, his tax dollars, go to pay off those bonds which not only don't provide a benefit, but arguably if anybody else is located on that area in Burkhardt Road could very well go to the benefit of a competitor. It's interesting to note also, and I want you to keep this in mind and that's why I attached the minutes from the Redevelopment Commission meeting of August 25th, at that very meeting Accuride...they entered into an arrangement with Accuride to buy up to close to $400,000, I think it is $380,000, of personal property for Accuride to move their offices here. Well, that's great. Economic development, I'm all for it, but they're in the district and so we turned around and spent taxpayer dollars, I guess riverboat dollars, they're all the same dollars, they belong to the General Fund of the populous, of the people of the county. At the same meeting they deny Mr. Spurling on his project which has been well established since 1992. With two prior abatements being approved they turn around and are going to give $400,000 to Accuride in the same district. Okay. The other thing that has not been taken into consideration by the Redevelopment Commission and although I have not seen any specific documents on this I feel pretty certain in this, 1995 or `96 when the projections were done for this bond issue I don't think anyone...everybody knew things were growing out there. I don't think anybody knew things were going to grow so fast and I suspect that those bonds are not only are they not in jeopardy of being paid off I think that they're well funded at this point in time. Certainly a tax abatement to continue Mr. Spurling's project could in no way, shape or form affect the ability of the Redevelopment Commission of this county to pay off those bonds which I think are over funded at this point in time anyhow with all that unanticipated development. Remember, most importantly, and I probably should have put this first, the whole reason for doing the tax abatement is to allow this project to go forward so like any other apartment developer Mr. Spurling yes can make a profit. We're all in this to make a profit, people that develop property, and to make money, but he can make money and keep his rents low so they're affordable for this growing group of people in this community, senior citizens. In conclusion, we simply would ask this body, the County Executive, the people that appoint the Redevelopment Commission, to intervene. We ask you to...we give you a choice of types of relief. To either direct the Redevelopment Commission to do the right thing and approve this tax abatement or, and this is where Mr. Harrison and I differ a little bit and he'll probably tell you that in a second, take us out and you can do that because we can show you how you can do that because it will not affect or put in jeopardy this bond issue. Remembering the fact that this is land that was not developed, not even close to being developed in 1996 and we don't even believe it was even really included in the projections of anticipated tax revenue. It's the right thing to do and we would ask you to give this request serious consideration and review the materials that we have given you and especially review those minutes of the Redevelopment Commission. I know those people on there and I don't want to be...it's not a personal thing, but they just didn't do their job. They didn't follow the statute in this particular case and made an arbitrary decision that I don't think not only is it not in the best interest of Mr. Spurling it isn't in the best interest of this community. Thank you.

President Jerrel: Before Mr. Shively leaves are there questions that you would like to ask or any issues that you would like to ask for further information? 

Commissioner Mourdock: I guess the one question that I have right off the top of my head is, Les, you make the argument that the area where phase three was to be developed was never really to be considered as a revenue source as the first planning for the TIF. Do you want me to repeat the question? That being the case when the TIF was initially laid out was each block of property assessed, and I don't mean that in the classical tax sense, but was each block of property assumed to generate a certain portion of revenue? I don't recall that having happened. 

President Jerrel: You might want to ask the Auditor.

Commissioner Mourdock: Suzanne?

Suzanne Crouch: I can't say that. I can't speak to that issue. 

Commissioner Mourdock: Okay.

President Jerrel: At no time...the vacant land out there it was anticipated that it would develop. That's why Burkhardt was being expanded.

Commissioner Mourdock: Exactly.

President Jerrel: Is that not correct, Pat?

Commissioner Tuley: Probably.

President Jerrel: I mean, you anticipate you're going to be generating funds. Les?

Les Shively: Yes, ma'am.

President Jerrel: I need to make a comment. One of the things that the Redevelopment Commission showed us, and do you have a copy of that prospectus with you from bond? 

Joe Harrison, Jr.: Yes.

President Jerrel: It was clearly stated in there that as long as the bonds...there were bonds that had not been paid off throughout the lifetime of the existing bonds, outstanding bonds, there would be no changes made in the TIF district. So that's what motivated it. If I give you a prospectus and say, here, buy these bonds for me and I give you the covenants that are in the bond and I say I am not going to change the boundaries of the TIF--

Les Shively: Well, here is what it actually says and I think I read that a moment ago it doesn't quite say that. 

President Jerrel: Read it. Read it though.

Les Shively: Okay.

The Commission for the covenants not to change, alter or diminish the area in a way that would adversely affect the owners of the 1996 bond so long as any of the bonds remain outstanding. But I would submit though there has to be a finding by that Commission that says definitively, not a shoot from the hip type of thing--

President Jerrel: No, no, no. No, no.

Les Shively: It says if we approve this we are...I think there is a condition there.

Joe Harrison, Jr.: Can I answer something?

Les Shively: Sure.

Joe Harrison, Jr.: Because you have been bringing that up a couple of times. The statute indicates that if there is going to be a modification there has got to be specific findings, okay? Now it wasn't approved, so there weren't specific findings. As for a reason to amend the plan or to grant a tax abatement. The statute specifically says when the Commission...again, this body has no power to act upon the request of Mr. Shively or Mr. Spurling, but be that as it may it says:

When the Commission proposes to amend a resolution or plan the Commission is not required to have evidence or make findings that were required for the establishment of the original redevelopment area. And then it talks about urban areas, etc. So when it is proposing to amend a resolution, which is what would have been done and changing that area, it didn't have to make any findings. However, it goes on to say: However, the Commission must make the following findings before approving the amendment. And those findings are what you were talking about. It didn't approve anything. You didn't have to make any findings. 

Les Shively: But the motion was made in the affirmative and so, I mean, notwithstanding there still has to be something in the record to justify and explain why under their statutory authority it is being denied.

Joe Harrison, Jr.: No. That's not what the statute says. If they were going to approve it they had to give findings why they were amending the plan. That's 36-7-14-17.5. Again, I understand what you are saying. One could argue that board does have...that Redevelopment Commission does have the ability to alter the area. Notwithstanding this so long as there was a finding maybe by that Commission that, you know, the owners would not...of the bonds would not be adversely affected. One could argue that. I think that's what you were saying. However, there is also the other argument is that cannot be changed in any way nor can a tax abatement be approved by the County Council and also approved by the Redevelopment Commission. So as far as this board is concerned, no, I don't believe there is anything that they can do and I think you would agree with that, but certainly, you know, they are willing to listen obviously to anything you have to say. Also, as far as what you were indicating about not taking into consideration the tax abatement for the Spurling Properties--

Les Shively: It was taken. 

Joe Harrison, Jr.: Yeah, it was.

Les Shively: I'm sorry. Maybe I misspoke. It was taken into consideration and what I am saying is to take into consideration I think further study needs to go into what extent it was taken into consideration because when Mr. Spurling first embarked upon this project in 1992 and again reiterated in `94 he was rolling this out in three phases, so one could argue that the third phase was anticipated and the same financing program would be involved. Here is the thing that I think, and there are several statutes involved here. You read from Title 36. I quote in this material from Title 6 involving tax issues. Then you also have...here is the thing that I think is of a concern from a general...and I mentioned this earlier from the big picture perspective. Here you have the elected county fiscal body that made the following findings and they are set forth in Exhibit C. They have made the findings that this property should be designated as an economic revitalization area pursuant to Indiana Code 6-1.1-12.1 et seq and all the criteria was there. Now how...here is where you have this elected fiscal body that is elected by the people to make the fiscal decisions of the county is then vetoed without even a record by an appointed body. I mean, there is something inherently wrong with that kind of situation. Not only is a separation of powers issue which I think is significant, but to ignore the findings that were made and the resolution that was entered just two weeks prior to that meeting and just act like it didn't happen is bothersome and is, I think, worthy of further review by this...by the County Executive, the Board of Commissioners, to find out what is going on here. I mean, I really do think that is necessary and certainly is owed to Mr. Spurling for purposes of at least developing a record so we can see where this thing is going.

President Jerrel: Were you at the meeting at the County Council?

Les Shively: No. I came into this after the fact.

President Jerrel: I just wondered if anyone discussed the issue of the paragraph that you read and I referenced in the bond prospectus. 

Commissioner Tuley: I would think that their counsel would have done that.

President Jerrel: I read the minutes and it was never mentioned.

Les Shively: I have not...I don't have a copy of the minutes with me. I have seen the minutes and I do agree with Mrs. Jerrel in terms of the County Council meeting I certainly didn't see any reference--

President Jerrel: Yes, it was never mentioned.

Les Shively: --to any comments. Let me ask you this, and, again, if I am delving into areas that are privileged communications I don't mean to do that, but has this issue been discussed with bond counsel? I believe Mr. Downs of Ice Miller, was he bond counsel on this? Or did you check with H.J. Umbaugh & Associates to see specifically what were in those projections?

Joe Harrison, Jr.: I have not had any discussions with them.

Commissioner Tuley: I have not either.

Les Shively: Okay. 

Commissioner Mourdock: Let me go back to a most practical point and maybe an expedient one. Joe, in your response a minute ago you were saying that this, and you used the word Commission several times, and I want to define which Commission you're speaking of here. You're saying this County Commission has no authority to direct formally the Redevelopment Commission to do anything, is that correct? 

Joe Harrison, Jr.: No statutory authority whatsoever to do that. We appoint the board.

Commissioner Mourdock: Right, I understand. 

Les Shively: I don't think there is anything preventing or state law to communicate with your appointees or to make a suggestion to your appointees how they might handle this particular situation. I guess that's what we're here this evening to do to see if that is a possibility, if that is a thought you might entertain after some review. 

President Jerrel: Any comments? 

Commissioner Tuley: I would have a hard time redirecting the Redevelopment Commission since they were appointed and asked to fill a role. However, I would not be opposed to the possibility of changing the boundaries if at all that is possible within our realm of authority. Because I think if you check the numbers with what was projected here if nothing else was put up out there we are going to retire those bonds. We're not asking for an abatement for a restaurant or a shopping center or anything like that that we have plenty of, but there is a need in this county for affordable housing for senior citizens and that is why I spoke at the Redevelopment Commission and asked them to give positive approval of their request. I did, as you can read in the minutes, say I was not speaking on behalf of this board. I was speaking as one Commissioner and I still stand behind that. I think that in the long run we've got to look at the big picture and meeting the needs of this community yet not adversely affecting the ability to pay off these bonds. 

Commissioner Mourdock: The only problem I have with that, Pat, is in my view of looking at the big picture I think if we say as a public body, oh, we're going to take these...we're going to take care of these bonds given this area that we've got, then we're opening the door for other people who are marginally along this area to come in and say, gee, since you've already said in a public meeting you've got enough area to take care of those bonds please take mine out so I can get the tax abatement, too.

Commissioner Tuley: That is a potential problem and I recognize that and that's why I said when it meets the specific need of a community I don't think too many people will argue that maybe there is not a need for affordable public housing for our elderly citizens as opposed to whatever else may come before us. I think at that time you have a valid reason to draw a line in the sand and say, no, we're not going to do that. Again, that is my feelings, my opinion. 

President Jerrel: I'm sorry that Mr. Robling isn't here because the tax abatement is permitted for two or three specific items. Council has normally focused upon job creation for tax abatement and this particular project is a project that I can't recall the exact language, but it managed to meet some facet of it because there was a long discussion in 1992 about when you review these projects periodically the fact that there were only a very small number of employee positions created. Six is the number that comes to mind or less and there were no new ones created. That was the discussion and then I left that board and I did not have any further contact with it. But Mr. Robling, in my opinion, should have expressed not only those issues, but the Council should have been made aware that the language is clear as long as there are outstanding bonds the TIF area should not be changed. That is given to everybody that bought a bond or was thinking about buying a bond and I think that is the issue. I think that is the issue that influenced the Redevelopment Commission.

Les Shively: Again, I respectfully disagree and I think the minutes paint a different picture, but moreover I also respectfully disagree with the interpretation of 15B of the bond resolution. I don't believe it has qualifying language in there. Again, I would ask and I wanted Mr. Robling's input. It's too bad he is not here this evening, but, again, I would be interested to know what Mr. Downs, and I am assuming it's Mr. Downs, of Ice Miller. I may be wrong on that, but I would like to know. I've made some inquiries based upon some contacts that I've had representing other municipalities of other law firms in Indianapolis that do bond work and I don't want to mention who they are because they were giving some information to me as a favor, but a lot of my interpretation here is a result of my colleague in Indianapolis guidance and I would be curious to know what Mr. Down's approach would be on this thing in terms of whether the remedy Mr. Tuley has suggested, whether that can be done where you can take something out provided you can make a showing that it won't jeopardize the ability to repay those bonds and will not anyhow be a violation of the indenture of those bonds. I would just appreciate some guidance from the attorney that expressed the opinion when the bonds were sold. That might be helpful to all of us.

President Jerrel: That would have been helpful if what our attorney suggested they had wanted to do and that is to make a change, then they would of had to of had findings.

Joe Harrison, Jr.: Still the issue is what came before that board it's my understanding, and I may be wrong on the Redevelopment Commission, it was a tax abatement question, was that correct?

Les Shively: Regarding the--

Joe Harrison, Jr.: What was before the Redevelopment Commission? What was the issue? 

Les Shively: Mr. Spurling--

Joe Harrison, Jr.: Yes, what was his petition?

Les Shively: His petition was for tax abatement.

Joe Harrison, Jr.: Period?

Les Shively: Period.

Joe Harrison, Jr.: Okay. He did not petition to alter the boundaries of the district?

Les Shively: That is correct. That is correct, but I think that altering that...if the district is altered then the decision of the elected fiscal body, that is the County Council, stands. That's the posture that we're trying to put this thing in. If we can do that--

Commissioner Tuley: Who has statutory authority to change it?

Les Shively: --without affecting the integrity of the bond issue.

Joe Harrison, Jr.: Redevelopment Commission.

Commissioner Tuley: Redevelopment Commission only?

Joe Harrison, Jr.: Yes.

Les Shively: I mean, I think Mr. Spurling actually went there in good faith thinking, gee, he had the vote of the County Council, he had a Commissioner and a Council person supporting him and he went there up front to have approval not thinking that he was going to have to file a petition or make a request to change the boundaries. But you're right, that's all that was before them. You're right, Joe. 

Commissioner Tuley: Are you of the opinion as counsel, as Joe is...I don't want to call him counsel it sounds like we're too formal here...that only the Redevelopment Commission can change those boundaries?

Les Shively: I think that they are the ones that established the boundaries. Yes, I think that's how the I understand the statutory scheme. Again, I don't profess to know as much as these attorneys that work in this area day in and day out and write these opinions so these bonds can be sold, but that's how I read the law. It's the Redevelopment Commission that can do that, yes. Yes, sir, that's correct. 

President Jerrel: Okay, let's have a little finding of fact up here. Do we have the authority to make any decision on this? Okay. The Redevelopment Commission is the body that drew the line so they're the body that must make the change if they so desire to make a change. They didn't desire to make a change.

Joe Harrison, Jr.: Well, no. There hasn't been...they haven't been asked to make a change.

President Jerrel: Right, okay.

Commissioner Mourdock: If there was a change they would be the one that would have to be asked.

Joe Harrison, Jr.: That's correct. They were asked to grant tax abatement. 

President Jerrel: So--

Les Shively: What you're saying is if we want to pursue the remedy of getting out of the district we need to go to a different body. That is the body that created the district, is that what you're saying, Mr. Harrison?

Joe Harrison, Jr.: That's up to you.

Les Shively: I know you're not saying whether that can be done or not, but is that what...it's not this body that can change the district, but it is the Redevelopment Commission that can change the district.

Joe Harrison, Jr.: I think you agree with me on that issue. 

Les Shively: I do agree with you on that issue. 

Joe Harrison, Jr.: Okay.

Les Shively: We'll leave here tonight on that agreement.

Commissioner Tuley: A positive one agreement.

Les Shively: How about that?

President Jerrel: Thank you.

Les Shively: Thank you very much.
 
Any group or individual wishing to address the Commission

President Jerrel: Okay, at this time on our agenda is there anyone that wishes to speak to this group?
 
County Engineer

President Jerrel: If not, move to the County Engineer. He isn't here this evening and he did submit some information for us in preparation for next week's road information hearing. 

Commissioner Mourdock: In looking at the information that he did submit to us I think it's almost necessary that we go through this on a motion by motion basis.

President Jerrel: Okay.

Commissioner Mourdock: So I'll try to keep from reading this word for word, but first of all John provided us with a Notice to Bidders for contract VC99-12-01 for the Old Henderson Road bridge removal and replacement. The Notice to Bidders needs to be approved for advertising on November 26th and December 3rd. This would allow bids to be opened on December 13, 1999. So with John's recommendation I would move approval of the Notice to Bid.

Commissioner Tuley: Second.

President Jerrel: So ordered. I think if there isn't something in there I'll put this in for initialing.

Commissioner Mourdock: Okay, his second point was last week he recommended that we defer a decision on a Broadway Avenue Bridge project and have it come forward tonight. He requested that item be deferred at that time so he could have additional time to determine how much additional time should be granted to the contractor. In checking that he determined that a Notice to Proceed was issued on October 22nd of this year. However, due to the relocation of electric lines and water lines the contractor was unable to close the bridge until November 3rd. This caused the contractor to have an 11 day delay, so as a result he is recommending that the completion date be extended 11 days. I would so move.

Commissioner Tuley: Second.

President Jerrel: So ordered.

Commissioner Mourdock: He has also attached change order number three for the Fulton Avenue Bridge project. The change order results in an increase of $39,065.60. The county will be responsible for 50 percent of that change order. The change order is needed as attached and I would move the approval of the change order as recommended. 

Commissioner Tuley: Second.

President Jerrel: So ordered.

Commissioner Mourdock: Last but not least, he has a change order number four on the Fulton Avenue Bridge project that results in an increase of $32,902.70. The county's final portion of that increased amount is $7,332.60 with other parts of the charge going to the City of Evansville and to SIGECO. I would move the approval of that change order.

Commissioner Tuley: Second.

President Jerrel: So ordered.
 
Erik Bentle - Superintendent of County Garage

Erik Bentle: County Garage.

Erik Bentle: Erik Bentle, County Garage. You have my reports for this week. The only other thing I have is employment changes. We have the buy out for Stan Lutz on the last four pages of the report and the other one would be the leave of absence without pay, but with insurance for Tim Miles and I was asked to discuss that with you about the insurance. Whether or not you was going to leave that with insurance or without. 

President Jerrel: I think to be consistent it probably should be with insurance.

Commissioner Tuley: Based on past practice I would have to agree with you.

Commissioner Mourdock: To be consistent, yeah. I'll move approval of the Vanderburgh County Highway report as filed.

Commissioner Tuley: Second.

President Jerrel: So ordered.

Erik Bentle: Thank you.

Commissioner Mourdock: A question, Erik, before you go did the shoulder machine, did you get your piece in?

Erik Bentle: Yes, we did. We finished Darmstadt Road today.

Commissioner Mourdock: Ah.

Erik Bentle: From the city limits to Darmstadt.

Commissioner Mourdock: I'll inspect it on the way home tonight.

President Jerrel: Is it working well.

Erik Bentle: Yes, it works real well. It looks good. We've got about a mile left to do coming back in towards town, but other than that it is finished.

President Jerrel: Good.

Erik Bentle: We did it all in one day and there is no way you can do that with the other equipment we had.

President Jerrel: Oh, no.

Commissioner Tuley: What are we doing on Fisher Road?

Erik Bentle: Fisher Road we're replacing four culvert pipes altogether starting tomorrow.

Commissioner Tuley: Okay. This is self serving and I hate to even go here, but there was a patch made one house up from my house on Magnolia. 

Erik Bentle: Uh-huh.

Commissioner Tuley: There was some kind of piping, ditching, culvert replacement at the corner of West Haven and Caren Drive.

Erik Bentle: Uh-huh.

Commissioner Tuley: Would you take a drive through the rest of that subdivision and see that there is not a whole lot more other areas that need it?

Erik Bentle: There is a whole lot more to do, yes.

Commissioner Tuley: Can you get back as to when something may be done in the works for that because that road is literally sinking in a lot of places.

Erik Bentle: It is, it's falling apart, yeah. It's in the works, I can tell you that. As far as time limit I haven't got anything down on paper yet, but it is in the works. 

President Jerrel: The weather is going to be a factor too.

Commissioner Tuley: Oh, I know it is now.

Erik Bentle: We're trying to get as much of that concrete work done as we can while the good weather is in.

Commissioner Tuley: Was there a specific request for that one that got it fixed because someone had to recognize the rest of that had a problem, too.

Erik Bentle: Somebody had called in on that. I think it was caving in right there.

Commissioner Tuley: Yeah, it was.

Erik Bentle: And they went out and seen it to be a hazard so went ahead and fixed it right away, but there is more out there to do.

President Jerrel: You need to call in.

Commissioner Tuley: I'm going to call in right now. To the south of 2525 Caren Drive the road is collapsing and I would like to have it fixed.

Erik Bentle: You got it. That's easy enough.

Commissioner Tuley: Okay.

President Jerrel: Are you making some progress on Kiowa Drive? 

Erik Bentle: Kiowa Drive, they are doing the concrete work over there now that they have contracted out. They have started on it. As far as how much they have got done I'm not for sure, but I do not...I got a call today on a mess they left so we've got to go over there and clean up, but yes they have started it. 

President Jerrel: Thank you.

Commissioner Tuley: Thanks.
 
Joe Harrison, Jr. - County Attorney

President Jerrel: County Attorney.

Joe Harrison, Jr.: Nothing.
 
Tony Greubel - Superintendent of County Buildings

President Jerrel: Superintendent of County Buildings.

Tony Greubel: Nothing.
 
Steve Craig - Burdette Park

President Jerrel: We have reports for Burdette, Soil & Water and Ozone.

Commissioner Tuley: Steve is here.

President Jerrel: Oh, excuse me.

Commissioner Mourdock: Steve Craig.

President Jerrel: And he has something to say. I'm sorry. Come up, Steve. I stood right outside and talked to him about it and that's how...

Steve Craig: Steve Craig from Burdette Park. What I had talked to Bettye about, we are in the process of applying for grants for the Discovery Lodge and that and we're working on 20 of them right now, but what I had told her the first five that we had sent out a week later we received one from Bussing-Koch Foundation from Wilford C. Bussing III for $5,000 and that was the first one we sent out.

President Jerrel: He is doing them alphabetically.

Steve Craig: Yeah, we're in the Ds out of the book right now.

President Jerrel: I think it's wonderful, Steve. I think...you know, we did a presentation of things that are going on after the legislators were here trying to put that all in context. By the way, there is a meeting that they sent a notice of and I started circulating it on the end of this month if we want to make a presentation to them.

Commissioner Mourdock: They meaning the state legislators? 

President Jerrel: Yes, at Aztar in the dining room or some room over there. But if you could get something a little more to let them see that we're working on grants of our own to go with the money that they may find available for your project that might help too.

Steve Craig: Jonathan Weinzapfel had came out to Burdette on a Saturday and met with Joyce and I and went through the program so that he could fully understand what it was about because he is kind of new on the job and came in as an afterthought, but he seemed very interested in it and has wrote some letters for us and said that he is going to cooperate with us on it. 

President Jerrel: Good. Well, that's a good idea.

Steve Craig: Any other questions? 

President Jerrel: Thank you.

Steve Craig: Thank you.
 
Weekly reports

Commissioner Mourdock: I'll move acceptance of all the county department head reports.

Commissioner Tuley: Second.

President Jerrel: So ordered.

Commissioner Mourdock: Just a question, we did not get one from Sheriff Ellsworth on the jail, did we? 

President Jerrel: No.

Commissioner Mourdock: I did not see it.

Commissioner Tuley: He was gone.

President Jerrel: But he was gone.

Commissioner Tuley: I can vouch for why we don't have that one. 
 
Consent items

President Jerrel: Is there a motion to approve the consent items? 

Commissioner Mourdock: Motion to approve as filed.

Commissioner Tuley: I want to just put something on the record. In my absence last week there was an Executive Session regarding a couple of the employment changes outlined by Erik Bentle, correct? 

Commissioner Mourdock: Correct.

Commissioner Tuley: Okay, and there was a finding of fact, so to speak, and a recommendation made as to--

Commissioner Mourdock: That is correct and, in fact, the Executive minutes that we approved last week at the regular meeting referred to the fact that we dealt with county personnel issues at that time.

Commissioner Tuley: Having that on the record I'll second the motion.

President Jerrel: So ordered.
 
Old business

President Jerrel: Under old business.

Commissioner Mourdock: Just as a reminder, I guess it's old business, the jail committee will be again meeting tomorrow night at 5:30. Tony, is that in the room back over here? Okay, and I know, Pat, with your recent visit to the PONI meeting and, Bettye Lou, if you're going to be town that would be very helpful.

President Jerrel: I'm looking forward to hearing it.

Commissioner Tuley: We...Sheriff Ellsworth, Chief Deputy Williams, Councilman Raben and myself will be at the jail committee hearing tomorrow night and give you a presentation on what we learned.

President Jerrel: Good.
 
New business

President Jerrel: Okay, any new business?

Commissioner Mourdock: I would just note for the record that I received from Tony on the 17th that the formal ribbon cutting ceremony for the new Centre will take place at noon on New Year's Day and immediately thereafter the new office holders will be sworn in, I think. That sounds like a good plan. So as far as we know everything will be ready with the auditorium and we will be set and ready to roll. So the first day of the millennium we will be cutting a ribbon.

President Jerrel: Good. Okay, is there a motion to adjourn?

Commissioner Mourdock: So moved.

Commissioner Tuley: Second.

President Jerrel: So ordered.

The meeting was adjourned at 7:02 p.m.

Those in attendance:

Bettye Lou Jerrel Richard E. Mourdock Patrick Tuley

Joe Harrison, Jr. Suzanne M. Crouch Charlene Timmons

Tony Greubel Jerry Bryan Roger Lehman

Bob Quick Les Shively Erik Bentle

Steve Craig Others unidentified Members of media
 

Vanderburgh County
Board of Commissioners

Bettye Lou Jerrel, President

Richard E. Mourdock, Vice President

Patrick Tuley, Member
 

Recorded and transcribed by Charlene Timmons.