VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

OCTOBER 13, 2009

The Vanderburgh County Board of Commissioners met in session this 13^th day of October, 2009 at 5:00 p.m. in room 301 of the Civic Center Complex with President Troy Tornatta presiding.

President Tornatta: Alright, we’re going to call to order the Board of Commissioners meeting, October 13, 2009. I’m so glad that we have standing room only. Attendance roll call, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Here.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Here.

Madelyn Grayson: President Tornatta?

President Tornatta: Here.

President Tornatta: We have with us from Deaconess, Jill Trautvetter. Jill, if you would first come up here and lead us in the Pledge of Allegiance. All rise.

(The Pledge of Allegiance was given.)

President Tornatta: Good evening.

Jill Trautvetter: Good evening. How are you?

President Tornatta: Fine.

Jill Trautvetter: Sorry Chris Ryan wasn’t able to make it today. She had a last minute meeting. So, she asked me to step in for her.

President Tornatta: So we appointed her to something since she wasn’t here. So, good.

Jill Trautvetter: So, then she appointed me.

President Tornatta: Okay.

Jill Trautvetter: I’m just here briefly to talk about our Deaconess-Riley partnership and the five year celebration we’re having this Saturday. Five years ago in April we partnered Deaconess Hospital pediatrics with the Riley Hospital for Children in Indianapolis to bring excellent care to the community for the children of our area. Right now we have more than 27 physicians from Riley Hospital traveling to Evansville every year, and they see more than 4,000 patients right here in our community. We have researched, and that has saved our families more than $650,000 in mileage annually that they do not spend now going to Indianapolis for care, plus the countless hours that they’re not taking off of work, they’re not pulling the other children out of school, and the travel time and overnight expenses. So, in order to celebrate this partnership we’re having an anniversary this Saturday, October 17^th, it’s at the Deaconess Gateway Hospital parking lot. It’s from 10:00 a.m. to 1:00 p.m. We’re going to have more than 35 local vendors talking about immunization, safe sleep, nutrition, obesity, education, all types of things for children. All of the families in the community are invited. We’re also having tons of crafts, we’re having pumpkin painting, face painting, inflatables. We’re having an outdoor grill, and we’re just inviting al of the families in the community out to celebrate this five year partnership with us, and we invite everyone to attend.

President Tornatta: Super. Any questions of Jill? Jill, thank you.

Jill Trautvetter: Thank you.

President Tornatta: Alright.

President Tornatta: Getting a little off schedule. We will cater to the masses and go straight to rezoning and go to the final reading of VC-10-2008, petitioner, Majestic Place LLC. Alright, come on up.

Janet Greenwell: Good evening. Janet Greenwell with the Area Plan Commission. I wasn’t sure whether we were hearing this tonight, but, basically, the petition has been amended from 220 acres down to 195. I believe you’ve all seen it, it’s in the packets. We have the same displays that we had available with Plan Commission. Plan Commission voted to send it forward with a no recommendation vote, with four yes and three no votes.

President Tornatta: Okay. I believe, I made a request to the Commissioners, and released that that we, after talking to the petitioner, the remonstrators, talking to USI, and me as a Commissioner, I would like to see this put into a study committee. I have a list of study committees, or people on the study committee. If it works with this Commission, the first meeting will be 10/17/09, which is Saturday, at USI in the UC at noon. If Stan, Stan, I know you’re here somewhere. If you would please come up. Appreciate the work that Stan Blaszczyk has done to work toward just bringing all groups together. Stan has found out a little bit of what it’s like to be a politician. He’s found a little bit of what it’s like to be a neighbor, a friend, and somebody that could be a confidant of his entire neighborhood. I applaud you for the job that you did trying to bring the Commissioners together and at least getting voices heard out in that area, aside from e-mails and postcards, and I know you had a little bit to do with that too. So, the recommendation I would ask of this Board is to have a series of meetings with a group, and the RSVP’s I have so far are; Stan, Mark Rozewski from USI, Tammy Nasiatka, is that–

Stan Blaszczyk: Nasiatka.

President Tornatta: Okay, I apologize. Okay, alright, thank you. She is a citizen. Kevin Goebel from the Hahn Group, he works outside, but he’s working with the Hahn Group. Gene Hahn, Joe Kiefer, Gene Pfeiffer, all with the Hahn Group Development; David Robinson, citizen; Michael Lockard, citizen; Fred Padget, citizen; and Jim Raben will serve on that committee as well. He will be at his anniversary in another location. So, he said he would gracefully bow out of this meeting and be happy to participate in other meetings. I think a Dr. Colter is also somebody who has requested to be on this board. I have not heard from him. So, Stan, anything?

Stan Blaszczyk: Well, I would like to thank you for putting this together. You know, I’ve worked pretty hard to try to go from something that I was concerned about for myself, to something that I’m concerned about for this entire community. What you see behind you is really how important this really is. You know, zoning seems like such a mundane topic, and it really is about a man’s castle and where he lives. I applaud these people for coming out, because it’s important to them. I applaud you for setting this up, because it really needs to be done. So, thank you.

President Tornatta: One of the things that we are wanting to look and examine with this particular rezoning or lack there of is what this corridor means to this area, what it means to development, what it means to University Parkway. Hopefully, we will come to some consensus in this committee and try and find where our good points are, find out where we are deficient in some areas, and then, obviously, traffic issues and what not we need to address. All this has been brought out, some more eloquently than others, but we’ve listened to it all and we want to take action doing something different that we haven’t done before, and that’s get more than one person at a table and have some serious talks. So, we appreciate that.

(Applause)

President Tornatta: With that being said, what I would like to do is ask my Commissioners to give me a motion on the recommendation. After that, if there’s anybody that would like to say something, we would enjoy hearing you. We have heard a lot, and we are fully aware of the issue. We have postcards to prove it in this binder. So, if there’s nothing outside that we need, that you think we need to be brought attention to, then we would ask that if the motion goes through that we try this study committee and see if we can find some solid information.

Commissioner Winnecke: Mr. President, at this time I would move that we vote to delay the final reading on VC-10-2008, Majestic Place until the December 8^th meeting.

Commissioner Melcher: I just wanted to make sure that we set a date, legally we have to do that. So, I’ll second that.

President Tornatta: A motion and a second. Any discussion of the Board? That being said, roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Okay, thank you.

Stan Blaszczyk: Thank you everyone for coming. Appreciate it.

(Applause)

President Tornatta: Okay, I’m opening the floor, but it won’t be long. Anybody that wants to make a comment we would be here to listen. If not, thank you all for coming out and supporting your cause. Okay, I think we’re okay. Do you want to come up and do the rest of the rezonings? Hey, you don’t mind getting out of here early, do you?

Janet Greenwell: It would break my heart.

Janet Greenwell: I believe we have one petition that’s on for first reading, VC-9-2009, a petition by Bryan S. Wright to rezone his property from, if I have it. It’s a petition for a rezoning on Highway 57 to down zone from commercial to residential. We’ll bring that forward at a future date.

President Tornatta: Okay.

Janet Greenwell: The first petition we have for final hearing tonight--

Madelyn Grayson: I think they need to take a vote on that first.

President Tornatta: Yeah, we’ll need to vote on that first reading.

Janet Greenwell: First reading, I’m sorry.

Commissioner Melcher: I move that we accept it on first reading.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion? No discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

Janet Greenwell: Okay, the first petition we have for final hearing tonight–

President Tornatta: Steve? Steve? Steve, you’re up. Okay, alright. Okay, alright.

Janet Greenwell: The first petition we have for final hearing tonight is VC-7-2009 for the property at 2118 Harmony Way. It’s a petition by Alstadt Plumbing to rezone an additional portion of their residential lot to C-4 to expand their plumbing business. They have 2.75 acre lot, and with this expansion they will have 1.6 acres C-4. It was continued a couple of times at Plan Commission, first to amend the legal to include the driveway, and the second time to amend the legal to, to amend the use and development commitment to limit it strictly to the Alstadt’s and their descendants. The Plan Commission voted September 10^th to recommend, it was a no action vote. It was six yes and one no vote.

President Tornatta: Okay.

Commissioner Melcher: There was only seven there?

Janet Greenwell: There was only seven present, yes.

Commissioner Melcher: Okay.

President Tornatta: Steve?

Steve Bohleber: Thank you. Good evening, my name is Steve Bohleber. I’m here representing Dave Alstadt, who is somewhere, standing over there. He lives at 2118 Harmony Way, and that is the family plumbing business address as well. In 1995 he rezoned a portion of his property immediately behind his home to accommodate the business, which at that time consisted of basically a 50 by 80 foot pole barn and some parking to the rear of that pole barn, all of which was behind his house. Earlier this year he said, gee, I think I’ll put my office in the garage behind my house. When he went to do that he discovered that that was not included in the original rezoning, and had to rezone it. So, he started out with a quest just to rezone a small additional portion to encompass the garage, as well as the pole barn. It was then determined that he probably needed some additional parking to the rear of the pole barn. He said, well, gee, so that I don’t have to piecemeal this in the future, I’ll just rezone everything behind the pole barn. So, that was included as well. Those are reflected as parcels one and two respectively on the site plan that you have before you. After we filed that, along with the use and development commitment, the Plan Commission said, hey, the drive adjacent to your house, which is one of the two accesses that can be used to leave the Alstadt property, is not really a city street or a county road. It’s not dedicated. It’s nothing but a private drive, although it services not only my client’s property, but also some residences behind it. So there would be continuity in zoning from the portion of the property behind his home to Harmony Way the Plan Commission suggested that he rezone that private drive. That was also included in an amended petition. So, parcel one, parcel two and parcel three were kind of piecemealed together to encompass the garage office, additional parking behind, and then connect the property to Harmony Way with a corridor of C-4 zoning, because we discovered that was not a public roadway. The business has 11 employees. They park behind the business during the day. The seven service vehicles are generally parked in the pole barn when not in use, and during the day traffic is minimal because everyone is out doing work. There are no plans to build buildings on this parcel. Nothing will change on the physical site because of this rezoning. We’re just including more of what is there in the rezoning so that it can be lawful. That means the trees, the buffer, everything will remain. There are no signs on the property identifying it. In fact, if you drive by you would never know there was anything there other than another home. The residence is on Harmony Way. It’s still R-1. It will remain that. The Alstadt family has lived there for decades. I suspect being westsiders like me, they’re going to live there the rest of their lives too. This come with a use and development commitment that is very restrictive. It limits it just to a plumbing contractor business, and just to the Alstadt family. So, if at any time in the future they stop, either David or his lineal decedents, his kids and grandkids stop operating Alstadt Plumbing Service at that site, any further commercial use would have to be approved by this entity and the Plan Commission among others. So, we think it’s good zoning, it’s an expansion of an existing commercial use. It comes with a very restrictive use and development commitment. This is David’s home, he’s not going to do anything to mess it up or make it look bad, or be a detraction to the neighborhood. It comes with a 6-1 yes vote, although it takes seven to get a do pass recommendation. There was a shortage of Plan Commission members last time. We ask that you approve this rezoning this evening. David is here to answer any questions, as am I.

President Tornatta: Okay, any questions right now? Okay. Thank you. We look for remonstrators to the project. You’re a remonstrator? I’m joking.

Steve Bohleber: Hey, I’m a lawyer, Troy. I can say anything you want me to.

Commissioner Winnecke: It depends on who’s paying the bill, right, Steve?

Steve Bohleber: That’s right. That’s right.

Commissioner Melcher: Since there’s no remonstrators, I’ll move to approve.

Commissioner Winnecke: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

Steve Bohleber: Thank you very much.

President Tornatta: Thank you. Congratulations.

President Tornatta: Final reading, oh, that’s your line.

Janet Greenwell: Final reading for ordinance VC-8-2009, 11900 Oid State Road. This is a petition by Randy Sheffer to rezone a nine tenths of an acre, triangular piece of property that’s south of an existing C-4 property. Mr. Sheffer has submitted preliminary plans that show he’s going to incorporate this triangular piece into an overall new development, tearing down all of the old buildings there and building a whole new commercial development. The Plan Commission recommended approval with seven affirmative votes. It is in compliance with the comprehensive plan because it is a continuance of the commercial corridor along 41.

President Tornatta: Anybody want to speak to the petitioner? Remonstrators to this project? Seeing none.

Commissioner Melcher: There’s nobody here to speak on it?

Commissioner Winnecke: The Sheffer’s are here.

President Tornatta: The Sheffer’s are here.

Commissioner Melcher: Okay, it would be good if somebody would speak on it.

President Tornatta: Okay, Randy?

Commissioner Melcher: Just for the record. It’s just a lot better if you get up and state kind of what you’re going to do.

Randy Sheffer: My name is Randy Sheffer of Sheffer Construction and Development. I’m going to rezone, or want to rezone that last triangle of that lot. I bought the lot next to it as well, four and a half acres. I’m combining it all and making it one large development there where I’m going to put a couple of restaurants and a car wash and whatever else I can put on it.

Commissioner Winnecke: At this time, Mr. President, I would move that we approve, for final reading, VC-8-2008.

Commissioner Melcher: I’ll second it.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Congratulations.

Commissioner Melcher: Was that eight, or was that nine? 2008 or nine?

Madelyn Grayson: It is 2009.

Commissioner Melcher: Yeah and your motion was eight.

Commissioner Winnecke: I will amend my motion for VC-8-2009. I apologize.

Commissioner Melcher: I didn’t want you to do it again. Second.

President Tornatta: Okay, a motion and a second to amend the, to read VC-8-2009. Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Congratulations again.

Commissioner Winnecke: Thanks.

Commissioner Melcher: If somebody would have caught that, they would have asked you to come back. I was just trying to save you a trip.

President Tornatta: Alright, thanks, Randy.

Commissioner Winnecke: Thanks, Randy.

President Tornatta: Okay, Janet, thank you for being imprompt.

Janet Greenwell: Thanks for letting me out of here a little bit early.

President Tornatta: Okay.

President Tornatta: Alright, going back to the top of the agenda to the action items, public hearing and first reading of vacation ordinance CO.V-10-09-001, vacation of Fisher Road and Hornby Lane. Any public comment to this vacation? Come on up. Go ahead. I’m sorry.

Scott Buedel: Sorry. Scott Buedel with Cash Waggner and Associates. We’re asking for the vacation of Fisher Road and Hornby Lane. The portion of the roadway that is to be vacated lies entirely within Creekside Meadows, which was filed and approved as a primary subdivision back in 2005. I guess, last week we went back, we amended a few of the lots. Last week it went back to Plan Commission and received approval for the revised lay out last week. The vacation of that roadway is necessary for the development of the subdivision. The new layout of the roads in the subdivision don’t conform to what’s out there now. So, the vacation is necessary for the development.

President Tornatta: Okay. Thank you, Scott. Come on up. Long time, no see.

Wayne Fehd: Yeah. I’m Wayne Fehd. I live at 13040 Green River Road, which is on the corner of Hornby Lane and Green River Road. The section where you’ll go west on Hornby Lane goes past our property. The way I understand it, it would be just dead ended there at their property, the petitioner. I think it needs a cul-de-sac back there to let the public turn around, for the public safety and courtesy. The way I see it they could do that on the Petersburg Development property that they already own that’s shown on that map that I received.

President Tornatta: Okay.

Wayne Fehd: What’s happening now is people drive back there, then they back out the road, and when it gets snow and ice here they’re going to be off in the ditch. Then also they come back to our property and turn around in our driveway, use our driveway. I think that’s unfair. I think it needs to be back there with a cul-de-sac where the public can just turn around right back there when they realize that it doesn’t go through anymore and come back out to Green River Road.

President Tornatta: Alright. Any questions? Thank you, Wayne.

Wayne Fehd: Okay.

Commissioner Melcher: This is first reading?

President Tornatta: Uh-huh. Anybody else to speak to this?

Craig Miller: My name is Craig Miller, 4420 Atkins Lane, which Hornby Lane from where it’s going to vacate is at the corner of our property, the backside of our property. He’s right about the road. Right now it’s gravel, a gravel road, and until they put the barricade up cars were flying down the road. You know, we’ve got kids in the yard, all that separates that is a little embankment. People are driving erratically. If that goes through, will that road be paved up until that point?

President Tornatta: John? How long is that road?

Craig Miller: Or a guardrail, or something?

Commissioner Winnecke: Several hundred yards.

John Stoll: I’m sorry, I didn’t hear the question.

President Tornatta: How long is that road?

John Stoll: Off the top of my head, I’m not real sure. There wasn’t ever much right-of-way dedicated out there from what we’ve found in the past. There’s no practical way of taking a traffic count on a rock road. So, I don’t know what the traffic count is, but I would suspect that it’s very low. Because of that it was never a priority as far as getting it paved. I’m not aware of any push to getting it paved in any recent years. So, there’s nothing in the works that I know of.

President Tornatta: Okay, but could be on the list if we–

John Stoll: Right.

President Tornatta: –if there was some dedication to that area.

John Stoll: You could pave it at it’s existing width. It would just be a matter of comparing that to your priorities as we get requests like we do every year.

President Tornatta: Yeah, road hearings. Okay.

Craig Miller: It’s not a matter of the amount of traffic, it’s just the rate at which they drive.

President Tornatta: Okay.

Craig Miller: Plus, they fly down that road, our whole subdivision just fills up with dust. I mean, that’s all it is. I mean, you’ve got kids out there playing. I mean, it’s not healthy to breath that.

President Tornatta: One thing, whether we grant this request or not, I would ask you to get everybody in your neighborhood out during the road hearings.

Craig Miller: Uh-huh.

President Tornatta: We will advertise that. Normally it’s in the February area. If you guys will come out, we will definitely look at that project.

Craig Miller: Okay.

Commissioner Winnecke: I guess, the question that I have, and, John, this is kind of probably a John question. To eliminate the traffic that, it’s Craig?

Craig Miller: Yes.

Commissioner Winnecke: I’m sorry, that Craig is referring to, could we move that sign, the “Road Closed” standard closer to Green River? I mean, there’s really no–

John Stoll: We could put “No Outlet”, “Dead End” sign, something like that, back at Green River.

Commissioner Melcher: That’s what I was going to say, a “Dead End” sign.

John Stoll: We could have the County Highway Department, I guess, run a guardrail across the end of the road. We just need to make sure we’ve got plenty of signs, so that way nobody comes up on it and crashes into the guardrail.

Craig Miller: We haven’t had any traffic since that roadblock has been up, even though it’s on the backside of that hedge.

Commissioner Winnecke: But, wouldn’t it be helpful if it were closer to Green River Road?

Craig Miller: Yeah, I mean, like I said, now we haven’t had any, but I didn’t know if once that gets developed if people are going to be driving down it then. If there was going to be an entrance into that development, whatever’s going to be built, if they’re still going to be coming down into there. Or is it just going to be the back side of that development that has no entrance? That’s what I’m just trying to get an idea of that.

John Stoll: Hornby doesn’t connect, if I remember right. Your plat doesn’t connect Hornby to–

Bruce Biggerstaff: There’s right-of-way.

John Stoll: There’s right-of-way, but you don’t intend to build a road connection? The developer has stubbed out a right-of-way, but the construction of that road is not part of his plan. So, in the event that the county ever widened and upgraded Hornby, we could make the connection through the right-of-way he is platting through his development, but he won’t build it, which in turn won’t draw more traffic through a substandard Hornby Lane.

President Tornatta: Okay. Any questions of Craig? Okay, thank you, Craig. Anybody else?

John Stoll: In ballpark terms, it’s probably 1,000 to 1,500 feet is the distance from Green River Road to the start of this vacation.

President Tornatta: Okay. Alright.

Commissioner Melcher: I’ll go ahead and make the motion to approve first reading.

Commissioner Winnecke: I’ll second.

President Tornatta: A motion and a second. Any further discussion? Roll call....oh, I’m sorry.

Commissioner Winnecke: I’m just thinking here. Well, never mind, disregard that.

Commissioner Melcher: I would think that, John, I would think that we ought to probably get that “Dead End” sign closer to Green River Road as soon as we can, because the sooner it gets there, if this passes or not passes, we probably still would need it.

John Stoll: I’ll check and see what we have, get with the developer, what road construction signs he has, and we’ll figure out whatever we need to try and notify the drivers as much as possible.

Commissioner Melcher: Okay, because this is just first reading. We’ll have it again.

Bruce Biggerstaff: My name is Bruce Biggerstaff. I am part of the development of the project. We have a road construction closed sign right at Green River Road. A large sign. It couldn’t be 15 feet off the pavement that says that road is closed, along with the barricade at the end, on both ends of the road.

Commissioner Melcher: But, that’s your sign, right?

Bruce Biggerstaff: Yes, sir.

Commissioner Melcher: Okay, I think the county still needs to put one up. Because that is what everybody’s going to look at probably more than yours.

Bruce Biggerstaff: Just a “Dead End” would probably suffice.

Commissioner Melcher: Yours are all on the right? I understand.

Bruce Biggerstaff: Okay, thank you.

President Tornatta: Wayne?

Wayne Fehd: I just wanted to go back over that, there is already a sign there that says “Road Closed”.

President Tornatta: Okay.

Wayne Fehd: There is a barricade sitting up there, but the wind blows the barricade over–

President Tornatta: Okay.

Wayne Fehd: –that’s in the road up on top of the hill. Yesterday the Conservation Officer drove all the way back there, turned around and come all the way back, backed out, turned around in my driveway and left.

President Tornatta: Okay.

Wayne Fehd: There’s more than just him, there’s quite a few people like the other gentleman said that lives in Asbury Subdivision, there’s quite a few people that use that road going back through there.

President Tornatta: Okay.

Wayne Fehd: That’s why I think the cul-de-sac is the cure for the long term.

President Tornatta: We’ll ask Bruce to address that for now, to make sure that everything’s standing up back there, if that’s your sign. Then we’ll have this on second reading.

Bruce Biggerstaff: The sign had blown over. It is erected back up.

President Tornatta: okay.

Bruce Biggerstaff: And supposedly sandbagged down again.

President Tornatta: Okay.

Bruce Biggerstaff: The big problem we have is people going back there and dumping their trash.

President Tornatta: Okay, alright.

Commissioner Winnecke: How far...I’m sorry.

President Tornatta: Go ahead.

Commissioner Winnecke: How far do people need to go, I mean, I’ve driven, I drove out there, but I’m trying to figure out why anyone needs to go down Hornby Lane?

Wayne Fehd: Well, Jim Marx has a piece of property on the right hand side, or the north side.

Commissioner Winnecke: Okay.

Wayne Fehd: And it goes all the way to where the “Dead End” sign is at, and what’s in your drawing.

Commissioner Winnecke: Right where that standard is in the middle of the road? The “Road Closed” sign?

Wayne Fehd: The “Road Closed” sign is right off of Green River Road, right by my house.

Commissioner Winnecke: But, the one that’s back–

Wayne Fehd: Back, it’s in the middle of the road.

Commissioner Winnecke: Correct.

Wayne Fehd: At the end of where the road, where you’re proposing to close the road.

Commissioner Winnecke: No, I’ve seen that, I guess, my question, I’m trying to figure how many people would need to have access down Hornby Lane and how far? If we elected to put a guardrail up or something–

Wayne Fehd: Well, then you would be keeping Jim from getting to his property.

Commissioner Winnecke: That’s what I’m asking, how far we would need to go?

Wayne Fehd: You’re going to need to go all the way back to where they’re talking about closing it off.

Commissioner Winnecke: Okay.

Wayne Fehd: That’s why I came about the cul-de-sac.

Commissioner Winnecke: Right.

Wayne Fehd: You’ve got to really let the public all go back there, because Jim’s going to probably develop his ground some day.

Commissioner Winnecke: No, I understand. I just didn’t realize how many people needed access to it.

President Tornatta: Okay. Thank you, Wayne. We have a motion and a second. If there’s no further discussion, roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Public hearing and first reading of vacation ordinance of county V-10-09-002, vacation of northern portion of Reis Road. Krista?

Krista Lockyear: Mr. President, members of the Commission, Krista Lockyear. I’m here on behalf of Sylvester Elpers, Jr., who is owner of the property on both sides of the portion of Reis Road that we are asking you to vacate. The need for vacation came about kind of a series of events. My client wanted to sell a portion of his property, and we’re kind of out in the western portion of the county, farmland. He’s got a lot of property and acreage around this road. He wanted to sell some land to his sister for her home, which required a minor subdivision. In the process of preparing the subdivision plat, the engineers found an old dedication of a public roadway, which I’m not even sure, we were all certain that that was a public road, it occurred back in 1949. We got with John Stoll and Ted Ziemer to discuss what we could do about this property, because my client had a garage that was sitting on the northern, about 14 feet of the 60 foot right-of-way. The culmination of that process and brainstorming, we decided that vacation of the northern 20 feet of this right-of-way would not affect anybody other than my client and his sister, and that the county had no objections. We followed all the statutory process, sent notices to the other neighbors that are out there. We do have some Vectren facilities that are located in the right-of-way, as well as AT&T, they take a line to service my client’s garage put a drop across this portion that we are vacating. Accordingly, an ordinance that we have provided we’re reserving easements for Vectren and AT&T. All the other utilities have consented to the vacation. For that reason and to remove this encroachment of my client’s garage on county property we would ask that you approve this vacation request.

President Tornatta: Alright. Any questions of Krista? Any remonstrators?

Commissioner Melcher: Seeing none, I’ll make a motion to approve it.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Further discussion? If not, roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

Krista Lockyear: Thank you.

President Tornatta: Thank you.

President Tornatta: First reading of CO.06-09-012, an ordinance regarding telework. This is the employees working from home in Vanderburgh County.

Commissioner Winnecke: Mr. President, if you’ll recall, this became an issue through one of the offices and the topic of some spirited debate around the building. With the assistance of the County Attorney’s office we have presented the ordinance that is before us that, I think, provides transparency to taxpayers, and also flexibility for officeholders and department heads. Just kind of the Reader’s Digest version is that it sets forth, it amends the personnel policy to allow, in a limited fashion, a working from home situation, approved by this body on a month-to-month basis.

President Tornatta: Alright. Any questions? I would like to say that I do think this is something that needed to be addressed. Whether it will be, and I appreciate, Commissioner Winnecke, you taking the lead on this, whether it will be a work in progress, or whether it will stand on its own merits. Obviously, it is something that will wait to be seen, because as you dove into it, and we found out, that there’s a lot more facets to this than just saying that somebody can or can’t work from home and how they are about to be able to do that. So, appreciate your work on this, and the attorney’s work in this matter, and we’ll try and, if it passes, go and take this on from there.

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

Commissioner Melcher: Second.

President Tornatta: A motion and a second.

Commissioner Winnecke: That would be county ordinance 06-09-012.

President Tornatta: A motion and a second. Any other discussion? If not, roll call vote, please.

Commissioner Melcher: Any public comment? Okay.

President Tornatta: Roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, contracts, agreements and leases, and we do say that all have been reviewed by the County Attorney and are satisfactory for placement, and all have been reviewed by the County Commissioners, to my knowledge. We are going to take, if it’s alright, the Health Department in one big lump. I will read them, and if there are no problems with taking them all, I’ll do that all at once.

Commissioner Winnecke: That’s fine.

President Tornatta: The first one is the Health Department, letter of agreement with the Evansville Police Department to provide security for Health Department at certain sites where H1N1 immunizations will be dispensed; the second will be a bio-terrorism preparedness and response supplemental fund grant. The grant is from the Indiana Department of Health. The Vanderburgh County Health Department is for $10,000 in support of the required public health emergency activities. The grant is for a period of August 10, 2009 through August 9, 2010. The Health Department would assume all reporting and other requirements provided for the grant. The next is a memorandum of understanding with Deaconess Hospital in connection with the receipt and administration of the H1N1 vaccine. Another one is the memorandum of understanding with St. Mary’s Hospital in connection with the receipt and administration of the H1N1 vaccine. Another is a renewal of Emerson Network Power agreement, quote and form of agreement to be entered into between the county on behalf of the Health Department and Emerson Network Power to provide battery back up power, services for the freezers and refrigerators in the Health Department lab. It is identical to last year’s agreement, except for a price increase from $5,388 to $5,506 per year. These funds are in place. Next we have an agreement with HR Solutions to provide nurses for the administration of H1N1 vaccines. Next we have an agreement HR Connections LLC to provide nurses for the administration of the H1N1 vaccine. Next, Visiting Nurses Plus to provide nurses for the administration of the H1N1 vaccine. Agreements with all of the above three agencies are to provide nursing services for the Health Department, as needed by the Health Department, in connection with administering vaccines for the H1N1 virus. The Health Department will first attempt to use the Public Health Nurses who are county employees and the nurses from these companies depending on the availability of nurses, personnel and cost. The Health Department has grant funds available to pay these services. Next is an ESRI quote and maintenance agreement. On March 1, 2009 the Commissioners approved the acquisition of five handheld devices and one desktop ArcGIS from ESRI for use by the Health Department for a cost of $9,095.25. Now, through the use of the attached maintenance agreement, ESRI is proposing the maintenance to maintain those devices on an annual cost of $1,803.83. We know that those funds are in place at this time. Next, affiliation agreement with Vincennes University. Agreement under the terms of which a student or students of Vincennes University would spend some designated time working under the direction of the Vanderburgh County Health Department in furtherance of the nursing education experience of the student. Finally, sub-grant agreement with Purdue University for Indiana Public Health system quality improvement program. Agreement between Purdue University and the county on behalf of the Vanderburgh County Health Department under the terms of which the Health Department is awarded a $10,000 grant as a sub-grantee under a grant made by the State Department of Health to Purdue University. The purpose of the grant is to continue work with the Health Department in furtherance of the Indiana Public Health System Quality Improvement Program.

Commissioner Winnecke: Well read.

President Tornatta: Thank you.

Commissioner Melcher: I’ll move, at this time, that we accept all 11 of the contracts and agreements of the Health Department.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Gary, we’ll talk to you in just a second. A lot of H1N1 things on here. So, if there’s no other discussion, roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Gary, one of the things that I wanted you to come up here and talk about, I know with H1N1 out there, and we still really put a focus on making sure that we’re ahead of the ball, so to speak, what are some things that we need to know about the juvenile population, maybe the elderly population, and just people in general about how this is going to be administered and what they could look for from the Health Department?

Gary Heck: Thank you, Commissioners. Gary Heck, Vanderburgh County Health Department. The H1N1 has been a challenge for various reasons. One of them is the recommendations from the Center for Disease Control and Prevention Advisory Committee on Immunization Practices has identified five groups that should receive priority because of their, the way that this particular virus will attack their certain conditions, if you will. Those five target groups would include pregnant women, the household contacts of anybody under the age of six months, because those six months old and younger can’t be vaccinated to protect themselves. This has what is known in the health care industry as a cacooning effect, inoculated if they can protect the contacts, they protect that infant as well. We’re also looking at individuals between the ages of 2 and 24 years of age, well, excuse me from six months to 24 years of age, regardless of their condition, because this particular virus has been very, very harmful to young folks, in particular. They also are looking at health care workers and EMS workers, because those are the individuals that need to be able to take care of the sick people once they become sick. Probably the best way to think of this, if you’ve ever been on a plane and they’ve gone through the presentation with the oxygen mask that comes down, and they advise you that you put it on yourself first before you try to worry about the folks that are with you, it’s the same theory with the health care workers. They are the individuals that are in the close contact, and, if you’ll remember, influenza is certainly believed to be spread person to person and with real close contact. Then, the final group would be the folks over the age of 24. So, from 25 to 64 that have a health condition that would be severely compromised should they catch any type of influenza. So, those are your five target groups. Then, when they approve the vaccine for the H1N1, it is coming from a variety of different manufacturers, because no one company could make enough that was needed to be in place worldwide, and each of the five different manufacturers, their particular vaccine is for different ages, and some of them come in multi-dose viles, some of them come in pre-filled syringes, some come in single dose files. So, there’s not a one size fits all. I guess, the primary thing that we would want people to remember about the H1N1 vaccine for any child nine years of age and under is that they need a second dose. It’s, when we were, when people my age were growing up they used to call them boosters. I think you might hear that term from time to time. You need that second boost of the dose to make sure that you are fully immunized. In this particular case, they’re recommendation is that it’s approximately a month. It just needs to be longer than 21 days in order to get that second booster, and then the full immunization where they would consider you inoculated and protected would take place about ten days after that second dose.

President Tornatta: Okay, Gary, for those who have children that don’t necessarily like needles, there is another option. Could you go over the option?

Gary Heck: Well, there is an option as long as they’re at least two years of age and healthy, and that is intranasal spray or mist. That’s what we actually had received last week, and that’s what was administered during the clinic that was held last Friday. The fact that there isn’t a needle is very attractive to young children, because they had nothing to worry about there. It is administered with a mist in each of their nostrils. It’s actually a very unobtrusive kind of protection, and once you get over the fact that you’re getting some spray in your nostril, it’s not an unpleasant feeling at all. There were very few tears administered during that particular portion of the clinic, which, of course, the Health Department is always glad about.

President Tornatta: Right. So, for those who have kids, and this comes about, I do recommend that you schedule to go down there and get them taken care of. It’s no worse than having a little nasal spray. For those who are applicable, but, I mean, I think it’s probably best to be safe than sorry at this point. Hats off to Doc Nick for really pushing to make sure that this is first and foremost in the county’s mind, at least in Vanderburgh County.

Gary Heck: Thank you, and, we, once again just would advise, we’re still in the second week of our radio blitz. It’s hard to, if you listen to WIKY you won’t miss an ad or a public service announcement for the Health Department when it comes to this particular message. What we’re encouraging the public to do is to listen to any of their media sources, or read it in any of your favorite newspapers, it’s all shared equally. It’s on their websites. We have banners on all of the sponsors websites that we have, and we post it on the Health Department’s website. So, if you go to vanderburghgov.org/H1N1, that particular page, and you can get to it from the Commissioners home page, there’s a link directly on the Commissioners home page. I believe you insisted on that at our last meeting. I should say requested.

President Tornatta: There you go.

Gary Heck: That it be placed on your all’s home page so people could get there directly. We update the information regularly. Anytime we release a public health alert to the media it’s posted on our website. That’s the easiest and the fastest way to get the information. It’s very difficult for the Health Department staff to be working on this project and to try to answer phones, but we certainly do. It takes us a while to get back to them, because we are working diligently to make sure that this all gets done.

President Tornatta: Gary, if you would do me a favor, when you find out there’s another clinic day, when you have, you’re getting the vaccine in, when you release that to the public could you also release that to the Commissioners office. We will release that to everyone in this building, and get it out to our Facebook friends just to try and saturate as many spots as possible.

Gary Heck: Well, we certainly will. We’ll make sure that you get added to that distribution list so that you all will have it as well. I’m sorry that I didn’t do that previously.

President Tornatta: Well, that’s okay. We’re a work in motion. So, we appreciate that. Any questions of Gary?

Gary Heck: I would like to thank the County Attorney for giving us the time this last month. We have, as you can tell, have been very, very busy preparing contracts and agreements in anticipation of what could happen. They have been very, very helpful in getting those to you.

President Tornatta: Thank you.

Gary Heck: Thank you.

President Tornatta: Alright, Building Commission mobile home tie down agreement with Ascension Development LLC. This is a standard tie down agreement. Is this just added, David, to what we’ve had in the past?

Dave Balew: Yeah, this is an additional contractor.

President Tornatta: Okay.

Dave Balew: Dave Balew with the Building Commission.

President Tornatta: Where are we in the process?

Dave Balew: As far as finalizing? We are actually just about complete with the first grant. We’ve started the application process for an additional grant and possible extension.

President Tornatta: How many do we think we lack to have this project complete? Any idea?

Dave Balew: County-wide total?

President Tornatta: Yeah.

Dave Balew: Uh–

President Tornatta: Not to put you on the spot.

Dave Balew: Yeah, I’m sorry, I just found about coming to the meeting here about five minutes ago.

President Tornatta: That’s fine. If you could get an idea.

Dave Balew: Yeah, you know, we’ve got the biggest parts completed.

President Tornatta: Good.

Dave Balew: Right now we’re actually finishing up Westbrook, which is the largest in the county.

President Tornatta: Okay.

Dave Balew: So, it’s approximately 650 homes.

President Tornatta: For those who don’t know, we did get a grant after the 2005 tornado. We did find out that there are some preventative measures to take care of mobile homes, as best we could protect them. Obviously, in an F4 or F5 which we might have experienced, there’s not a lot that you can do, but for those that did have tie downs we found they had more success in keeping their home in tact, and, obviously, all of the people inside it. So, appreciate all of the work that you’ve done, that Roger Lehman has done, and congratulations to the new Building Commissioner.

Commissioner Winnecke: Are you looking for approval on this?

President Tornatta: Please.

Commissioner Winnecke: Mr. President, I would move that we approve the tie down agreement with Ascension Development LLC as presented.

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Thank you.

Dave Balew: Thank you.

President Tornatta: The Sheriff’s Department grant agreement to support of a DUI Taskforce Indiana for 2009. Grant agreement under the terms in which the Vanderburgh County Sheriff’s Office will receive $22,197.50 for the purchase of ten Genessis radar units at $1,800 per unit, which together with shipping costs will require a total of $18,450, and 10 Alco sensor units for a total cost of $3,747.50.

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

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Emergency Management Agency, agreement with J & S Communications for Indiana Homeland Security 10 Radio Project. Sherman?

Sherman Greer: Sherman Greer, Emergency Management. This radio agreement is with J & S Communications for the amateur radio grant that we received about a year ago. We’re in the process right now of getting the equipment and starting to install the equipment. I have Mr. Utley here with me that is with J & S Communications. So, if you have any questions for us, we would be more than happy to answer them for you.

President Tornatta: Any questions?

Commissioner Winnecke: Sherman, if you could just maybe in a little more detail explain the agreement and what the project is.

Sherman Greer: Well, the project is, as you can see here at the Indiana State Police Post 35, we have a remote service that’s going to go in there, and then we have eight UHF remote links that will be going out throughout District 10, which is made up of 12 counties. The, we have about $302,000 to work on this project to get all of these remotes put in. This is going to link all of the 12 counties together in Southwestern Indiana. We applied for this grant not thinking that we were going to get it, and then we got it. So, we’re out there right now trying to put it together to where that in a disaster situation such as the earthquake type situation, conventional radios and things like that may be down. Amateur radios will be up and running. So, this way, this grant that we got is setting the standards for the rest of the state as far as this project.

Commissioner Winnecke: In the situation that you described where we would be relying on the amateur radio operators, help us understand how sort of the coordination of that occurs?

Sherman Greer: Let me ask Mr. Utley to do that for you.

Commissioner Winnecke: That’s fine.

James Utley: How you doing? James Utley with J & S Communications. Basically what the, the services that we provide right now, the storm chasers, we watch the storms come through, we report back to NOAH weather, which is down in Paducah. We report back to them what weather we have and it confirms what they saw on the radar. So, we work hand in hand with the National Weather Service, not only during earthquakes or anything like that we lose the 800 radio systems, we still have some type of a back up radio system to get a hold of people for services like food, blankets, things of that nature. So, it’s amateur radio. That’s what they relied on in Katrina back when they had the hurricane down there so. All the infrastructure was down, the ham radio stuff was still working. So, just another avenue to help the public people out.

Commissioner Winnecke: And the contract with your company, you’re actually the coordinator in a major disaster, is that–

James Utley: No, that’s Sherman’s job, I’m the vendor providing the equipment.

Commissioner Winnecke: Okay.

James Utley: But, I’m also a volunteer too.

Commissioner Winnecke: Right, okay. I understand now. Thank you.

Sherman Greer: Mr. Winnecke, that service will be up and running. I mean with amateur radio people they can go out, take a radio, put it on a car battery and start talking to anybody in the United States or in the world. When we did our deployment last year in November to Mascatatuck, which is up by Seymour, we had some amateur radio people with us, and we asked them to reach out to two large cities in the State of Indiana. So, they called Indianapolis and , of course, they called Evansville. Then after they called Evansville I told them to reach out as far as they could and then let me know and let me talk to the person. They called me back in and I spoke to this gentleman in Australia. So, it can be used to have communications in a major disaster emergency situation. A back up to the back up systems that we have.

Commissioner Winnecke: Great. Thank you.

President Tornatta: Looking for a motion.

Commissioner Melcher: Move for approval.

Commissioner Winnecke: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

Madelyn Grayson: Mr. Utley, can we get your signature on these documents before you leave?

James Utley: Certainly.

Sherman Greer: Thank you, gentlemen.

President Tornatta: Thank you.

President Tornatta: While Sherman’s here, if I could skip forward. There have been times when I have not been able to make the Central Dispatch Board meetings, and I would just like to ask the favor of this Commission to let him be my proxy. Also in times when we need to talk about this communication system it would be helpful if he could at least sit in as part of the Emergency Management. So, if I could ask just approval to have him be my proxy, I would appreciate that.

Commissioner Winnecke: I have no problem with that. I don’t know, I served on that board formerly, but I don’t know if the by-laws allow for a proxy to vote. I mean, I don’t know. It may.

President Tornatta: And we’ll check that out.

Commissioner Winnecke: Okay. I mean, I think it’s a good idea, but let’s make sure we’re legally doing it.

President Tornatta: You know, they might decide at some point to incorporate the Emergency Management into the fold. Right now it is not on their agenda, but at least if I can’t, couldn’t be there.

Sherman Greer: For another thing, just so I could be there to see what they’re planning to do, because not only with this system here, it’s the 800 megahurtz system that the State has put millions of dollars in, the Emergency Management Director is the one that is in charge of that by all the State’s, I mean, all the county’s within the State of Indiana. So, what I want to do is just be there to see exactly what they’re doing and what they’re planning and everything, so that all of our communications will work together.

President Tornatta: That would be until such time that they might decide to have him a spot on that board.

Commissioner Winnecke: Okay. Thank you.

President Tornatta: Do we need a motion for that?

Commissioner Melcher: Yeah, I’ll move to approve him to be your proxy if that’s permitted.

President Tornatta: Okay.

Commissioner Winnecke: Can we, I mean, it’s procedural I understand, but can we make a conditional vote like that?

President Tornatta: He could be my proxy, but if he couldn’t vote, he couldn’t vote.

Kathryn Schymik: Subject to the by-laws.

Commissioner Winnecke: Yeah, subject to the by-laws of the organization. Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Thank you, Sherman.

Sherman Greer: Thank you.

President Tornatta: Back to the department head reports. County Engineer, John Stoll?

John Stoll: The first item that I have is a change order for the Bergdolt-Clover drainage project. This is for an increase of $1,559.11. The increase is a result of extra sod that we placed and some extra rock that was placed. I recommend approval of the change order.

Commissioner Melcher: Move for approval.

Commissioner Winnecke: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: The next item is also a change order. This is on the Baehl Road culvert project. This is for an increase of $3,155.86. The primary reason for the increase was due to some additional asphalt, as well as some additional rip rap that was needed due to the culvert alignment.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: The third item that I have is a right-of-way certification letter for phase two of the Burdette Park-USI bike path. This is a letter that’s required by INDOT that just basically says that all of the right-of-way is secured. Right now we are in the process of getting an amended easement from USI. I will wait until we actually secure that easement before I send this letter to INDOT, but in working with the County Attorney it looks like we should have that amended easement signed by USI within the next few days.

Commissioner Melcher: Move for approval.

Commissioner Winnecke: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: That should keep us on track to get that project on a January bid letting through INDOT. The next item that I have is a street acceptance request for section eight of Stonecreek Subdivision. This acceptance is for 334 feet of Admiral Drive, 424 feet of Mooring Road, and 584 feet of Chatteris Road. All the streets have been inspected and are recommended to be accepted.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: Then, next I have a storm sewer acceptance for Stonecreek, section eight. This is for 112 feet of reinforced concrete pipe that’s located outside street rights-of-way. The acceptance fee will be $224, and it’s recommended that these pipes, this run of pipe be accepted for maintenance.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: Then, next I have a change order on the Green River Road-Millersburg Road intersection project. This is for an increase of $43,884.54. This covers the installation of the storm sewer that runs along the east side of Green River Road north of Millersburg that I sent you an e-mail on some time ago. We basically enclosed a large ditch that was originally designed on that project. Then, also we had some modifications to the traffic signal design. This is federally funded, so, actually this should be 100 percent federal funds covering the costs of this change order.

Commissioner Melcher: Move for approval.

Commissioner Winnecke: Second, and just to note that this was, these changes were made as a result of issues that were raised by neighbors in the area, if I remember correctly.

John Stoll: Correct.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: The next item is also a change order on that same project. The way INDOT’s new system is set up, to increase, not increase, to extend the time of the contract also requires a change order. This second change order extends the completion date of the project by 16 days until November 30, 2009. This is on the basis of a review that Clark Dietz did. They basically determined that there were enough weather and utility delays that warranted this 16 day increase in time. So, I would recommend approval of this change order.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: Also on the Green River-Millersburg project, I was working with Clark Dietz today in regard to the profile of the west leg of Millersburg at that intersection. They’ve come up with some design changes that will allow the road to be raised anywhere from a few inches to up to two feet which should improve the yard grading situation that I know your office has received complaints on, as well as my office. It should also help improve the driveway approach slopes as well. It will make it better. It still won’t be flat like some of the residents wanted, but this at least provides some additional relief to what was originally designed. In talking with Clark Dietz’s inspectors, the dirt was actually being placed out there to make those adjustments starting this afternoon. It may result in some additional increases in rock quantities, so we might see a little extra cost in this, but don’t know exact numbers as of yet. But they are proceeding with getting it done.

Commissioner Melcher: So, this is going to correct a problem in the woman getting hung up in her four wheel drive?

John Stoll: Part of it. That was primarily because the temporary access that was provided by the contractor was not suitable and it wasn’t passable. The contractor did get out there, I guess it was Friday–

President Tornatta: Friday.

John Stoll: –to try and correct that. It is better. They informed me yesterday that they had fired one of their employees who was overseeing the project. So, in discussion with the contractor they felt that they were making the necessary steps to improve everything out there, but the complaints, some of the complaints that we’ve been receiving were the temporary access, but in conjunction with those complaints, that’s where we also received additional complaints regarding the yard grading.

Commissioner Melcher: Right.

John Stoll: This will fix the yard, not fix, but will adjust the yard grading, and the temporary access has been redone in a whole lot better shape than it was early last Friday.

Commissioner Melcher: Okay.

President Tornatta: Thank you.

John Stoll: One last change order, this is on the Cross Pointe project. This is a decrease of $3,880.91. That makes the net change in the overall project cost a total decrease of $240,032.81.

President Tornatta: That happens all the time.

John Stoll: I wish, but I need your approval on that last change order.

Commissioner Melcher: So moved.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. We will take no discussion on that. Roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: That’s all I have unless you have any questions.

President Tornatta: Yeah, thank you, John.

Commissioner Winnecke: Thanks, John.

President Tornatta: Anything from the County Attorney?

President Tornatta: Chris, pop on up here, if you would real quick. While we’re going, while Chris is coming up, I will go to board appointments. I have a recommendation for the Airport Authority Board in David Gunn.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: And, have a recommendation from the chair of the Domestic and Sexual Violence Commission of Chris Ryan.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Okay, Chris, where did we finish on the paving? Are we done?

Chris Walsh: We’re close to done. We have about three miles left.

President Tornatta: Okay, and how many miles have we paved so far? Do you know?

Chris Walsh: Close to 20.

President Tornatta: Okay.

Chris Walsh: I believe it was 23 miles, 23 ½ miles, and we’re at 19-20 miles.

President Tornatta: Okay.

Chris Walsh: So, we should be, weather permitting, we should be done by the end of October, I would say.

President Tornatta: Okay.

Chris Walsh: The rodeo that I had informed you on, we’ve moved the date. We had some scheduling problems. It’s going to be the 30^th, and I’ll send an e-mail and an invitation out when we get that.

President Tornatta: Super. Any questions of Chris? Thank you, Chris. Appreciate it.

Commissioner Winnecke: Thanks, Chris.

President Tornatta: Alright, any new business? This really isn’t business, but I would like to note that the Ohio River Bearcats, on October 10, 2009 at Central Stadium won their MFL Championship game against the Wildcats of West Central, 25-22. So, congratulations to our semi-pro football team.

President Tornatta: Okay, under old business, we will actually cancel that until we get all the quotes in.

Kathryn Schymik: We need to do the title searches.

President Tornatta: Okay.

Kathryn Schymik: We need to grant that.

President Tornatta: Okay, title searches, alright. If you will go over the title search information.

Kathryn Schymik: This is for, as you all know, the Commissioners over the last couple of years have acquired title to over 300 parcels of real estate following tax sale. Those were properties that did not sell at tax sale. We contacted several title companies in town and asked that they submit proposals to us for how much it would cost to do the title searches that are required on each property. We did not get responses from a few, but did from several. I think I had summarized those in an e-mail to the Commissioners, but Bosse Title submitted a bid of $225 per search, Regional Title was $200 per search, but it could only perform 50 out the roughly 300, and Trustworthy Titles was able to perform all of the searches at $150 per search. So, we need to, given the statutory deadline that we’re under, we need to move forward with this as quickly as possible.

President Tornatta: Okay.

Commissioner Melcher: I move for approval.

President Tornatta: Of Trustworthy?

Commissioner Melcher: Uh-huh.

President Tornatta: Okay, which is the low bid.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Any discussion? If not, roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Anything else?

President Tornatta: Alright, any public comment? Mr. McKeon?

William McKeon: Yes, good evening. My name is Bill McKeon, 2611 Deerfield Drive, Malibu Park, which is off of Route 57. My questions, if I may, hopefully you can help me with some of your answers. First of all I commend you for meeting with the people from the Majestic Place in reference to their complaints about traffic and whatever else. However, my complaint or my business here tonight is in reference to the regional airport here in Evansville, which I’m quite sure you’re cognizant of that they plan to extend the runway, whether it be runway 422 or 1836. If it happens to be runway 422, it’s going to be very effective on the people of Hedden Road and Malibu Park. I was wondering if you people are cognizant of any of this, and have you had meetings with the Airport Authority or the project engineer, and, if so, what’s going on? The airport did have three meetings held at the Marriott, I’ve attended them. You can ask a thousand questions and you can get no answers. It’s like your plaques up on the wall there, there’s, I think 13 of them, in the Marriott they had maybe 20 to 25 pictures of different proposals, and as a gentleman not familiar with engineering and traffic and so on and so forth you would ask questions and you don’t get any answers. I did speak to the project engineer and he said that he did, or he has had meetings, or did meet with you people, or some representatives or whatever it may be. I was just wondering what’s going on? One of the big questions that I’ve got is if they extend 422 north you’re going to have to re-route Oak Hill Road, which is a county road. You’ll have to shift Highway 57. That affects me. That affects us. I was wondering if you’re cognizant of all this? At the same time, today, or for the last couple of weeks they, or a week anyway, they’ve been, the bulldozers are out there moving dirt, and I’ve called quite a few Evansville city and county and state personnel and asked questions, and wanted to know about zoning laws how they have been affected, and, if so, where does the county come in on all of these points that I have? Pertinent to, one of the points that I have is if that is extended, will I be incorporated within the city?

President Tornatta: No.

William McKeon: That would become city property, will it not? That area, will they encompass me?

President Tornatta: No, because you wouldn’t be inside the airport.

William McKeon: Right, but–

President Tornatta: I’m just saying without further annexation, no.

William McKeon: Right, right. Well, I understand, and I got it this morning from this fine gentleman here, your County Engineer, that some of that property was annexed a couple of years ago, which I was not familiar with.

President Tornatta: The airport.

William McKeon: The airport, well, the city...was I correct when, the city acquired that property? The city acquired that property, therefore they’ve extended over Oak Hill Road, they’re now into Hayden Road or Hedden Road.

President Tornatta: Hedden.

William McKeon: And 57, right in between.

President Tornatta: Right, but no one can build on that property as it stands right now.

William McKeon: I understand that.

President Tornatta: And they don’t have any buildings on there that I’m aware of.

William McKeon: Okay, well, one of the points that I have, and you might have seen an article that I had in the paper, which was relative to, I’m quoting now, Robert Working, the Evansville Airport Regional Manager, and Mr. Bob Hanneken, who is the project engineer, and both suggested that they go extend highway, or run 1836 south on the Whirlpool property which is going to be vacant in a year or so. It would be less expensive, they wouldn’t have to alter any of the flights, they wouldn’t have to move people, and I believe they wouldn’t have to be in court in possibly a litigation case if people pursue that avenue. So, anyway, could you answer any of the questions? I know I’ve been quite lengthy in my deliberation here, but is there anyone that can help me at all? Because one of the State Representatives said you better see your County Commissioners, they’re the people that are responsible. So, this is why I’m here.

President Tornatta: Okay. First off, the FAA has a lot to say in direction. They also have a lot to say in the timeline that we have to follow. All of this has to be done by 2016. Now, although that seems a long way off, to get all of the acquisitions done, to get all of the design work done, and to get the approval of the FAA, we’re on a time crunch as we speak. As silly as that sounds. It might be 2015, and I apologize for not knowing that number. The opening up of Whirlpool has presented a neat opportunity, however, because that particular runway is not the favored runway of the FAA, from what I’ve heard, and that’s because of wind direction and the amount of wind that comes through that area, in diverting planes they like the northward route. That’s an FAA security measure that they take on to talk to the, to assess the normal pattern of wind and how it affects planes when they’re taking off and landing, and what the primary way that they can take off and land because of the wind. All motions have been made to take that northern route. All plans have been made to take the northern route for several of those issues, not knowing that Whirlpool was going to open up. Even though Whirlpool does open up, we could vacate that road, you know, all those things are possible, the timeline crunch goes down to the point that if we don’t have that northern segment done by that 2015 deadline, then we could be put in a situation where our FAA dollars can be cut, and we would not be in compliance. So, all these are factors in why they chose a northern way. In their meetings at the Marriott it was merely to try and ask the citizens, or the general public, which direction they thought they would like to see those roads go, and that’s why they lined up several of those, I don’t know, pictures, if you will, just to show different routes that they had. Now, it seems to me like they are going Oak Hill Road, and the favorable route from the FAA is going Oak Hill Road into a roundabout which would head off to Hedden, head off to Millersburg, and then head off, I guess, to 57. That would go around and connect to probably Kansas Road, and then go to 57. The issue that they’re going to have at that point is to decide what the offshoot roads would be on 57, and I think that’s going to deal with the FAA and the Indiana Department of Transportation. I don’t think we have that answer yet.

William McKeon: Well, one of the things that I asked the project manager in those meetings, and I also asked the young lady who is your EPA representative, sound barriers. Right now, in talking to Mr. Working that night and Mr. Hanneken, one of the things I didn’t understand, I’ll be honest with you, was the 2,000 feet, whether it’s 2,000 feet beyond the airport runway, or 2,000 feet in height, I’m not sure, but, then they can make a turn. Where I live, I’m using an estimated guess now, looking at you, Troy, let’s say you’re 1,000 to 2,000 feet away from me.

President Tornatta: Okay.

William McKeon: Which again the flight of the planes coming in or taking off doesn’t bother me, but there are times I’ll say instead of 1,000 to 2,000 feet they might be 500 feet where I could even see the pilot.

President Tornatta: Right.

William McKeon: I’ve called the airport and said that those planes are deviating from their flight path. That’s where that 2,000 comes in. Sometimes, as I complained to them one night, we had the meeting at the Marriott, I spoke to these gentlemen and the same night, at 11:49 I was awoke from my sleep because some jet had come in, roared their engine, it woke me up, and then at 1:15 another flight came in, and when I called the airport the next morning I was told it was a freight flight that came in, not a passenger. Now, these things, you know, you people are elected to protect us and help us and so on, and you say FAA, well, it’s true, but I said, going back to the sound barrier, is there going to be a sound barrier? Well, who knows? If you go to major airports in different parts of the country, you go on your Interstate highways you’ll see sound barriers all over the road protecting people.

President Tornatta: Well, I would, just two points, the first question is normally what happens is when they start to get close to your house, and the reason why they are extending that runway to where it is, is not because they need it for a normal landing circumstance. It’s because of how that wind affects the plane when it is landing. Sometimes they will make that plane come at a different path because of a wind situation. So, that’s why you might have had two or three or four come in at the same path, because they were recommended to go that path because of wind and how that winds affects the stopping of that plane. That’s one. Two, what I can do is we do have two appointed, one was tonight–

William McKeon: Right, I noticed that Mr. Gunn. I wrote it down, David Gunn.

President Tornatta: David Gunn and Rick Kaskel.

William McKeon: Yes.

President Tornatta: Both of these individuals I will make contact with and tell of your concerns.

William McKeon: I would appreciate it.

President Tornatta: And have them address that with the Air Board.

William McKeon: Well–

President Tornatta: And they are the decision makers, by the way.

William McKeon: I know that.

President Tornatta: Okay.

William McKeon: And I read in the paper they’ve extended their decision because of the new members, and possibly because of this Mr. Gunn you appointed tonight, but, whatever, I did have a chance to speak my piece and I appreciate that very kindly. Like I said, I am an irate citizen in that area, a county taxpayer and my first time before you, and I do appreciate your time and your effort and your patience in listening to me. Thank you kindly.

President Tornatta: See you at the Wagner’s around Christmas.

William McKeon: Thank you.

Bill Jeffers: May I speak briefly to some of those points? My name is Bill Jeffers, I live at 2641 Malibu Drive with my wife, Brenda Jeffers. We are the closest resident property owners to the new runway extension. We are within 125 feet of State Road 57, and within a couple, 300 feet of the flight path currently. So, the impact to us will be greater than anyone other than three people also on Malibu. Immediately adjacent to us there’s two other homes, home lots. Us three property owners, or we three property owners will be those that are most affected of anyone near the airport, other than the horse farm which will be displaced completely, and more so than anyone else in Malibu Subdivision. So, I would like to go ahead and speak to some of the questions that were asked. First of all, there were three meetings, I attended one, and there will be an additional meeting for us to attend. I have had some very heated conversations with Mr. Hanneken, and one very productive conversation with Mr. Hanneken. So, I am a remonstrator against the plans, but I do have some encouraging things to say in answer to the gentleman’s questions. First of all, it was my understanding that the Air Board understood that they only had to have one meeting and they could go forward with their plans. One public meeting. I believe Mr. Working was under the impression that they only had to have one public meeting and they could go forward. They were advised by their consulting engineers to have more than one public meeting so that we would have more opportunity to view the plans, make comments and have interaction between us and the board. So far they’ve had three, and, like I say, they’re going to have one more. This same engineering company did the expansion at Lambert Field in St. Louis, and at Indianapolis, the new airport in Indianapolis. They found that this interaction between the neighbors and the Air Board was beneficial in those two locations, much more extension revitalization of airports than here in Evansville, they’re just moving one, you know, twenty something hundred feet of runway here. They built huge airports in the other two places. The runway choice as Troy, as Mr., as President Tornatta pointed out, is due to, as he said, the prevailing winds. Mr. Hanneken told me that over 70 percent of the flights take off in that direction over the year. So, obviously, that has to be the runway of choice, the one which they intend to extend up to the current location of Oak Hill Road. They cannot use Whirlpool. We looked at that at the last meeting, there’s not enough room on Whirlpool’s property to move that runway far enough south to avoid the conflict. There would still be a conflict. They can’t use any other runways because any other shift would still result in some conflicts where the taxiway would cross the runway and the FAA finds that an unacceptable conflict. Re-routing Oak Hill Road, they’re down to two choices, both choices will come into 57, this is the way I understand it, I’m not saying it’s absolute, but I was told that they’re down to two choices, and both of them will enter 57 south of Kansas Road and preferably south of the Windemere entrance. So, it would be between Windemere and Deerfield, about halfway in between Windemere and Deerfield. It would be through the current horse farm, who wants to be relocated because they cannot operate a horse farm underneath that landing pattern with the high noise. The noise at my back door will be right at 60 decibel threshold allowed by FAA. That’s too high for the horses. The threshold at the horse farm would be higher than that. For a human 60 decibel threshold is the maximum. So, now we’re to the point are there going to be any sound barriers, because I don’t want to sit on my back porch, the back porch that Brenda built for her to sit on and enjoy at 60 decibels, and I’ve discussed that with Mr. Hanneken and he said that they are looking at the piece of property that currently is within Malibu, it’s an outlot that’s not used for anything, to acquire that for a sound barrier consisting of a dirt, an earthen berm plus trees. That’s very acceptable to me. That was very encouraging. Without even prompting, Mr. Hanneken then said that they are also looking at a solid sound barrier, some type of wall, whether it be, you know, concrete, metal, what have you, but it’s an actual physical structure along the taxiway, because that’s the, this gentleman mentioned the dirt moving, that’s what’s going on, apparently to me. They’re bringing dirt from the county side of 57, down near the airport entrance, and they’re hauling it into what is going to be the new taxiway, even though they said they’re not moving forward with the plan because the board was still skeptical and new board members were still skeptical, they’re moving dirt today. They’ve been moving dirt for over a week. They’re obviously filling the taxiway. Mr. Hanneken indicated to me that they’re pursuing the idea of putting a solid structure sound barrier along the taxiway to muffle the sound between us. So, that should answer that question. If they do that, I’m really getting happy. Shifting 57, yes, because the taxiway is going to be so close to 57, if you go out there you can see where it’s being worked on, they’re going to shift 57 over several feet, before you get to the current intersection of Oak Hill Road, it will not be shifted over in front of Malibu Park. It will not be shifted over north of current Oak Hill Road intersection. So, that shouldn’t be any concern to residents of Malibu. It doesn’t concern me. Zoning laws, pretty much the airport is exempt from zoning laws. I’m a member of Area Plan Commission. That freaked me out when they came to be rezoned and I found out that they were exempt from zoning laws, but it’s a fact. You can’t fight facts. City limits currently are the southeast boundary line of Malibu Park Subdivision. I mean they are right on us right now. If they buy the property behind my house, maybe it will, maybe it won’t be in the city limits. Maybe they’ll have to annex, maybe they won’t. I don’t really care if they put that sound barrier up, it won’t be used for anything else but the sound barrier. Also, Mr. Hanneken told me that the new runway extension, all the way back to Oak Hill Road will be somewhere between 12 and 15 feet vertically higher than the current surface of Oak Hill Road. I mean, because they need that height to begin that run up to the take off. So, with the engines that much higher off the ground than Oak Hill Road, a lot of that sound will go above Malibu Park. The sound waves will be, although it will increase our sound up to 60 decibels right at the entrance of our subdivision. I think that covered all the questions that the gentleman asked. I would like to say to him that I was extremely concerned, at least as concerned as he is now, but after having a very constructive interaction with Mr. Hanneken and his staff at the last meeting, and after the last meeting, many of my initial apprehensions have been satisfied, and I’m looking forward to working more closely with them, because it’s going to happen. The best we can do is make the best of it.

President Tornatta: Okay.

Commissioner Winnecke: Thanks, Bill.

President Tornatta: Thank you.

Commissioner Melcher: Bill, did you say that there’s going to be another meeting?

Bill Jeffers: They indicated to us at the last meeting there will be one more meeting, because they’re really down to two choices for the new intersection of Oak Hill and 57,and they’re taking into consideration all of our comments that we made at the last open house a couple of weeks ago. Then they’ll have some more well developed ideas to present to us at the next one and then that will be it.

Commissioner Melcher: Okay, can you–

Bill Jeffers: So–

Commissioner Melcher: –e-mail the Commissioners office so they can mail it out to us so at least we know when it happens?

Bill Jeffers: As soon as we find out when it is, where it is, sure.

President Tornatta: I think it will be, I mean, it will be probably–

Bill Jeffers: It will be in the newspaper–

President Tornatta: Yeah.

Bill Jeffers: –but, I mean, I’ll be happy to e-mail you when I find out.

Commissioner Melcher: Yeah, thank you.

President Tornatta: Okay. Any other public comment?

Brenda Jeffers: Brenda Jeffers, 2641 Malibu Drive. The only comment I have is the re-routing of Oak Hill Road. They’re going to bring it out onto 57. The first plan was to take it to Hedden Road and take it out there, but the people on Hedden Road made such a big deal and they remonstrated so heavily that the airport said no. But, I don’t understand why do those people have so much clout about the re-routing of Oak Hill Road, and we in Malibu Park have hardly any? That’s a question I really want to pose.

President Tornatta: Well–

Brenda Jeffers: Hedden Road is a county road, by the way, it’s a public road.

President Tornatta: Right, and I could take that back to our representatives on that board.

Brenda Jeffers: Okay.

President Tornatta: And tell them about it.

Brenda Jeffers: I mean, as far as I’m concerned that seems the most logical.

President Tornatta: Well, it just depends what upgrades you would have to make to it for the amount of traffic. I think that, have you had an opportunity to see their 3C plan that–

Brenda Jeffers: I saw them all at the last meeting.

President Tornatta: Okay.

Brenda Jeffers: I went over all of them.

President Tornatta: INDOT has a lot to say about that.

Brenda Jeffers: I don’t think, but I really don’t think that was the issue. I think the issue was the people who live on Hedden Road didn’t want it, and it’s not going to happen.

President Tornatta: Okay. Anybody else? Come on up, Wayne. Come on down, how about that?

Wayne Fehd: Want to go from the airport to the farm now?

President Tornatta: Yeah.

Wayne Fehd: I don’t have anything on the airport part.

President Tornatta: Okay.

Wayne Fehd: On the farm side, we own some farm ground. I’m Wayne Fehd, and along the county road right-of-ways we’ve got trees that’s four, five, six feet tall already growing, sprouts, and cedar trees bad. If you let them go and don’t mow them while the grass is green and the trees are green, it becomes a fire hazard. A year or so ago they mowed the county road right-of-way for me going north of Kansas Road on Green River Road on both sides, and it mowed that mulch all down and it was dry after the frost had just come through and it just made a mat for a fire. Somebody flipped a cigarette out going down the road, and before McCutchanville Fire Department could get there, it burned out of the county road right-of-way, up into our cornfield and where our backhoe was sitting it burned underneath of it and burned the tires all off of it. I got four locations that needs to be gotten mowed.

President Tornatta: Okay. Chris Walsh is in the back. If you will give him those locations, he will see if he can go out there and look at them and see where they sit on his list. If he can get to them, he sure will.

Wayne Fehd: Okay.

President Tornatta: How about that?

Wayne Fehd: In the past when I get a promise from the County Garage it never happens.

President Tornatta: Well–

Wayne Fehd: It’s always we’ll take care of it, but nothing ever happens.

President Tornatta: Okay.

Wayne Fehd: That’s how come the last time–

President Tornatta: Chris is new and improved. How about that?

Wayne Fehd: –Green River Road went for 15 years with promises and the rubbish was thick, then it finally got mowed.

President Tornatta: Right now, I promise that he will look at it and put it on a priority list to where things are in the county.

Wayne Fehd: That’s why I’m saying it under public comments here too is because of the fire hazard.

President Tornatta: Okay.

Wayne Fehd: Right now, the crops are green, part of them, the beans, and later on it’s going to get worse as everything gets dry and the wind gets to blowing maybe, we hope.

President Tornatta: Alright. Wayne, he’s back there in the red shirt, if you’ll talk to him.

Wayne Fehd: Okay.

President Tornatta: Okay?

Wayne Fehd: Thank you.

President Tornatta: John, while you’re here, I do have a question that came up. I’ve been approached by a group that would like to have, would like to mow some of the University Parkway, whether it’s in our median, or whatever the case is, and put a sign for their soccer program, like a Build-A-Spot, or–

John Stoll: Oh, like Keep Evansville Beautiful?

President Tornatta: Exactly. Do we have any issue with doing that out there? Would they have to sign some type of liability set up to do that?

John Stoll: I was getting ready to say, I would guess it would be just an encroachment agreement, but then the question would be insurance provisions–

Kathryn Schymik: Right.

John Stoll: –because that’s the one thing that usually becomes a sticking point. Other than that, I mean, if it’s just landscaping–

President Tornatta: Is it easier to do that through a place like Keep Evansville Beautiful? Or is it, I’m just trying to figure out how do they have an Adopt-A-Spot anywhere?

Kathryn Schymik: I don’t know that, I’ve not ever specifically looked at that. I mean, I think the issue is more just, you know, any potential liability on county owned property, allowing people to go out there for work. You know, just having the proper agreement in place, making sure that insurance, you know, provisions are in place. Obviously, if you’ve got people out there, you know, using equipment too–

President Tornatta: Okay.

Kathryn Schymik: –it’s more just from a liability and insurance standpoint and wanting to make sure that the parties are covered.

John Stoll: I can do some checking and see how it’s been done in the city. I don’t know, off the top of my head, where we have any in the county, on those type of situations where Keep Evansville Beautiful spots are in the county. There may be, but I’m just drawing a blank on it right now.

President Tornatta: Okay.

John Stoll: But, I can do some checking and see what I can find out and then get back with Kathryn or Ted.

President Tornatta: Kathryn, can I have somebody talk to you about it? Okay, I’ll have them call, and then if we want to do something, we can do something on the 20^th.

Commissioner Winnecke: So, is the issue that someone wants to, in lieu, they will mow it in exchange for us allowing them to use the space to promote an event?

President Tornatta: No, they will mow it in lieu of letting people know that they are doing it.

Commissioner Winnecke: Oh, I’m with you.

President Tornatta: So, they are not promoting an event, it’s like a soccer league.

Commissioner Winnecke: It is literally an Adopt-A-Spot–

President Tornatta: Adopt-A-Spot situation.

Commissioner Winnecke: Okay.

President Tornatta: So, the cost would be nothing to the county. All we would be in for, if they have their sign or qualifying a sign for them, or getting them a sign, whatever the case is to say that they are taking care of a certain amount of spot.

John Stoll: Would they just be mowing it and not putting any landscaping?

President Tornatta: Just be mowing it. So, if we can check into that and I’ll have, it will be Rick Weber, and I’ll have him get in touch with you. Okay, thanks. Sorry, I forgot to....okay. If there’s no other public comment.

President Tornatta: Then we’ll move to the consent agenda. On the consent agenda if you would hold out employment changes one, and then read all the rest of them as follows.

Madelyn Grayson: The employment changes, I’m sorry, the consent items for the October 13^th meeting are as follows; approval of the September 22, 2009 Commission meeting minutes; the current employment changes from the various office, current employee changes from the various offices; travel requests there’s three from the Health Department, one from the County Highway, and two from the County Assessor; the County Engineer has a Xerox renewal agreement and approval for pay request number 89 for the Burkhardt-Green River TIF projects in the amount of $473,379.13; the Sheriff has a surplus request for two Crown Victoria vehicles, one 2005 and one 2008 vehicle, and a rental of two vehicles per month for investigative purposes; the Information Technology Advisory Council recommendations; the County Clerk has the August 2009 monthly report; the County Treasurer has the August 2009 monthly report; there are citizen comments regarding Majestic Place rezoning; the Commissioners have a Stone Tablets Consulting end of lease with Old Courthouse notification; AMR second quarter report of income and expenses; the County Auditor has the September 2009 A/P vouchers; and there are department head reports from Burdette Park and the County Engineer.

Commissioner Winnecke: I move we approve the consent items as presented.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. If there is no discussion, roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, okay, and then the new employment changes, the thing I want to bring up on this is the County Council presented us with a hiring freeze, I kind of want to know where this Commission stands on this, but, I believe if we signed a hiring freeze into place we should probably be in conversation with the County Council to discuss what a hiring freeze means. If we thought a hiring freeze, then we should have that in there as well. I don’t really know, they say it’s a case by case basis, I have a little bit of problem with that, because I don’t know which employees are more important than the other. I figure if those employees are in those offices, they’re pretty important. So, for that measure, I wanted to set this aside, because I will want more clarification from the County Council on what they intend to call a hiring freeze.

Commissioner Winnecke: Just to clarify, the position that we’re speaking of, this Superior Court Probation Officer has been approved by the Council, is that correct?

President Tornatta: I don’t know–

Madelyn Grayson: It’s been initialed by the Executive Assistant.

President Tornatta: Okay. I know that there will be some come through. I don’t have a problem with replacing people that leave, if that’s the intent of the County Council, but right now I really don’t know what the intent is, and I would like clarification, and have no problem with replacing people when they leave a job, because I’m assured that they have a definite worth to Vanderburgh County as an employee. However, we’re left here with picking and choosing which ones are in that position, and I would like clarification.

Commissioner Winnecke: Well, as having both formerly sat on that body, you know, it’s in the eye of the beholder at any given month when any office holder comes before that body asking for dispensation on a hire, whether it be a new employee or a replacement. I don’t know that you will get a black and white description of what that means, because in any given month anybody’s request may seem more vital to the county’s best interest than another.

President Tornatta: Steve?

Commissioner Melcher: I am confused on what our role is now more than ever. I understood they had a hiring freeze, but I thought they could promote within, and that’s just part of the paper, where I’ve read in the paper and that. Then I was told tonight by some people that we don’t even approve office holders, but we’ve been doing it. What I said was, if we’re not supposed to approve office holders’ employee changes, then we don’t need to get them. So, I would like to have somebody research that. I don’t know if that would be the attorneys, it probably would be, and find out what our role is on okaying or not okaying what’s going on. I didn’t sit on the County Council. I sat on the City Council and the Mayor made all the decisions on who was hired and who wasn’t.

President Tornatta: Right.

Commissioner Melcher: So, and, so, I don’t know. But, if they’re having a hiring freeze and they’re not hiring any, I think it’s going to be hard for even them, what I read in the paper last, that didn’t office holders that were elected, some are getting them and some aren’t. I don’t know how one is more important over the other. I mean, I don’t know how to pick that. It sounds like it’s coming down to us as the final ones that’s going to have to make that decision, well, I don’t know if that’s the case or not the case. So, I think we do need some more input of what their really intention is. Is it a real freeze? Or is it a partial freeze? If it’s about attrition, you know, what the city did, the 17 years I was on the city, if we was going to eliminate positions, we came out with them early, and as those jobs was finished with the person leaving, then that was it. We knew those jobs ahead of time. That was a plan. That’s what, you know, how we did it. Now, I don’t know, I don’t see a plan of what I read in the paper or anything. I don’t know how this works.

President Tornatta: I think you bring up a good point. When individuals are running their office and somebody takes a job and they give a two weeks notice, how do we know what the effect is in one office versus another? I know it’s subjective to what the Council thinks on that particular, in that particular office, but I know that the people in the office have a worth, as they’ve had, and if they don’t have that worth, I mean, I think we need to know and let the office holder know who is at that point expendable, if that’s the case. I think attrition works in some areas, and I think on the whole as a county we’re asking people to work through attrition and not knowing if they’re going to get replaced, not allowing office holders to be able to plan for the future.

Commissioner Winnecke: I guess, I don’t see a non-replacement, a statement of non-replacement of an employee as a statement of non-worth of someone. I think, clearly the county, like every other governmental entity or private entity is in an unprecedented economic time, and if that means not filling new, means not filling existing positions, or not hiring new positions, it doesn’t mean someone’s not valuable or not worthy fora department. I think it’s a reaction to the economic times and not a statement of that employee or that department’s worth to the county. I would be surprised if that’s what the Council thinks.

President Tornatta: So–

Commissioner Melcher: And, I guess, it was also brought up that since the courts are different, and even the Sheriff said that up here when we were talking about the security, the courts can do what they want to do, so, do we even have to vote on a court one? So, that’s where I’m a little confused.

President Tornatta: With that in mind, I would like to ask the County Council to give a clarification on what their position is, and I would also like the County Council, and I think that this is in the process through Job Study, to look at measures on future employment and having a separate handbook for future employees that would address some of the issues on cost savings as opposed to doing that through existing employees or changing the existing handbook.

Commissioner Melcher: Well, it’s like, you know, I understand that we’re going to have an opening out at the Garage, so are we going to get another mechanic or not? We only have three diesel mechanics and we’ve got winter coming up, and one’s retiring, so, I don’t know where we’re going to go on that one. So, to me, that would be a critical one, but I don’t know if that would be a critical one to them. Maybe there should have been a list from them which ones they felt like was critical and which ones were not, that way the office holder knew what to do and knew how to transfer within. But, I think, can you still transfer within? Is that possible?

President Tornatta: I don’t know, and that’s probably part of the reason that I would like to see this clarified. So, anyway do we have a motion to approve the new employee?

Commissioner Winnecke: So moved.

President Tornatta: Without a second, the motion dies.

Commissioner Melcher: I wouldn’t mind revisiting it next week if we could get some kind of an answer.

President Tornatta: We do have a meeting next week.

Commissioner Melcher: I don’t want to keep a person from a job, but I just kind of want to feel comfortable in what I’m doing.

President Tornatta: Okay. We do have a meeting next week on the 20^th. So, we could address a new position at that time. With that being said, motion to adjourn.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

(The meeting was adjourned at 6:57 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the September 22, 2009 Commission Meeting Minutes.

Information Technology Advisory Council Recommendations.

Citizen Comments Regarding Majestic Place Rezoning.

Stone Tablets Consulting end of lease with OCH Notification.

AMR 2^nd Quarter of Income and Expenses.

Employment Changes:

Superior Court (1)*                   County Highway (2)                  Health Dept. (1)

Legal Aid (2)                             County Clerk (2)                       Auditor (2)

County Assessor (1)                 VCCC (4)                                  Sheriff (5)

*Reference minutes of meeting.

Travel Requests:

Health Department (3)              County Assessor (2)                 County Hwy. (1)

County Engineer:

Xerox renewal agreement.

Pay Request No. 89: Green River-Burkhardt TIF Projects.

Sheriff:

Request to Surplus (1) 2005 & (1) 2008 Crown Victoria vehicles.

Approval for Rental of (2) vehicles per month for investigative purposes.

County Clerk: August 2009 Monthly Report.

Treasurer: August 2009 Monthly Report.

Auditor: September 2009 A/P Vouchers.

Department Head Reports:    Burdette Park                           County Engineer

Those in Attendance:

Troy Tornatta                            Stephen Melcher                      Lloyd Winnecke

Bill Fluty                                    Kathryn Schymik                      Madelyn Grayson

Jill Trautvetter                           Janet Greenwell                       Stan Blasczyk

Steve Bohleber                         Randy Sheffer                          Scott Buedel

Bruce Biggerstaff                      Krista Lockyear                         Wayne Fehd

Craig Miller                               John Stoll                                  Gary Heck

Dave Balew                              Sherman Greer                         James Utley

Chris Walsh                              Bill McKeon                              Bill Jeffers

Brenda Jeffers                          Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Troy Tornatta, President

Stephen Melcher, Vice President

Lloyd Winnecke, Member

(Recorded and transcribed by Madelyn Grayson.)