VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

FEBRUARY 24, 2003

The Vanderburgh County Board of Commissioners met in session this 24^th day of February, 2003 at 5:30 p.m. in Room 307 of the Civic Center Complex with President David Mosby presiding.

President Mosby: I would like to call to order Board of Commissioners meeting of Vanderburgh County for February 24, 2003. Roll call is as follows, Tammy McKinney, Superintendent of Buildings; Corporate Counsel, Kevin Winternheimer; Commissioner Fanello; myself; Commissioner Crouch; Auditor, Bill Fluty; and Recording Secretary, Madelyn Grayson. Everybody please stand and say the Pledge.

(The Pledge of Allegiance was given.)

President Mosby: Thank you. Do I have a motion to approve the minutes of the prior meeting?

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second. So ordered.

President Mosby: Okay, we want to do APA022-2003 first, right?

Phil Lawrence: Yeah.

President Mosby: That’s what they tell me.

Phil Lawrence: I really appreciate that.

President Mosby: That’s no problem.

Phil Lawrence: I e-mailed them to you, but just in case e-mail wasn’t working, because twice it said it didn’t work. So, I said, well I better just carry them just in case.

Commissioner Fanello: Thank you.

Phil Lawrence: A bid summary of what (Inaudible. Away from mike.)

Bill Fluty: Thanks.

Phil Lawrence: It’s actually three separate, it’s waterborne paint, and then there’s glass spheres and white thermo-plastic, which they use for street signing and so forth. If you’ll notice on here that Sherwin-Williams was the apparent low bidder for all three. My recommendation is that we award them all to Sherwin-Williams, for a total of $61,809.35.

Commissioner Fanello: I’ll move approval.

Commissioner Crouch: Second.

President Mosby: So ordered.

Phil Lawrence: The second one is APA022-2003, computer and copy paper bid. Did you get it?

Commissioner Fanello: Uh-huh.

Phil Lawrence: For some reason the e-mail came back and said it was undeliverable. In previous years we’ve not accepted the low bidder here, because of the last page, which gives you their discounts, and how much they will charge us over the course of the year. This is the first year we’ve been fortunate enough that the low bidder also has the best price increase. Alpha Laser was the low bidder at $67,603.08, and also guarantees their pricing for 120 days, has a maximum 3% bid increase for the entire year. Typically it’s been 3% each quarter. So, this is one of the better deals we’ve seen for quite some time. My recommendation is that we award it to Alpha Laser for $67,603.08.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

Phil Lawrence: Next is opening of the award.

Kevin Winternheimer: Any bids from the audience on the item bid? Seeing none. Let me make sure I’ve got the right....is this Burdette Park Pavilion Renovations?

Phil Lawrence: No.

Kevin Winternheimer: Okay. That was the first envelope I was given. I was wondering, but I didn’t–

Phil Lawrence: Huh?

President Mosby: It should be pool linings.

Phil Lawrence: It’s the pool linings.

Kevin Winternheimer: Yeah, well, we don’t know until we get them back, I guess, what they are for.

Tammy McKinney: Did you grab the wrong stack?

Kevin Winternheimer: No. Okay, in any event, it was, the envelope was from J.E. Shekell, and it appears that everything is blank. They just sent it back, so, it’s not even a bid anyway. But, we don’t know until we open them up what they are, but the bid, all the bid items are blank. So, they didn’t bid anyway, whatever it was. I guess, they are just sending them back to you. Okay, the first bidder is Deig Brothers Lumber and Construction Company, Inc. of Evansville. They did, apparently did not bid the base one bid for all work. They did not bid what they’ve referred to as “the work”. They did not bid the gutter replacement or the pool lining installation, but what they did bid was the demolition of pool walls and deck, a separate item. Their price for that is $89,880. Okay, and I may mispronounce the name, Natare, N-a-t-a-r-e Corporation from Indianapolis, Indiana. Base bid number one for the work, they have a price of, this is, I guess, pool liners and gutters, $466,150. For the gutter replacement, $176,590. Pool lining installation, $280,500. For demolition they did not bid. They have written no bid.

Tammy McKinney: (Inaudible. Mike not on.)

Kevin Winternheimer: I think I’ll open this other one, I think it’s some other paperwork. Do you want me to open this other envelope they sent. I think it’s just more paperwork. Okay, the other envelope was a page, and it says a deduct for installation, personnel to be provided by Burdette Park as per an addendum.

Phil Lawrence: Yeah.

Kevin Winternheimer: Is that right, Phil?

Phil Lawrence: Yeah.

Kevin Winternheimer: Item number one is a deduct of $11,700 from the total project bid. Item number two is a deduct of $11,700 for the total bid for pool liners.

Phil Lawrence: Okay.

Kevin Winternheimer: We’ve got one more. The last bidder is Aquatic Renovation Systems, Inc. I’m looking for an address, their address is Indianapolis, Indiana. The all work, the total work, they did not bid. Under bid for gutter replacement they’ve got Olympic pool $63,358. They have family pool, $117,665. Then for pool linings installation, again, under the Olympic pool category, $81,675. Under family pool, $153,750. They did not bid the demolition part of it. Here they’ve got, they’ve written here, deduct $5,000 for housing of work crews provided by Burdette. If that makes sense.

Phil Lawrence: Uh-huh.

Kevin Winternheimer: That’s all the bids I have.

Commissioner Fanello: Motion to take under advisement.

Commissioner Crouch: Second.

President Mosby: A motion and a second to take bids under advisement, so ordered.

Phil Lawrence: I do have just one little thing. I’ve got the towing bids done, and I’ll just drop them with Patty, and you can look at them and give me a shout real quick, so that we can get those big puppies out real quick. Okay. Thank you.

President Mosby: Next we have Judge Niemeier. Oh, there he is.

Madelyn Grayson: Judge, can we have one for the record please? Do you have an extra?

Brett Niemeier: Okay, I believe I previously asked the Commissioners to take a look to see whether or not you would approve a contract with Southwestern Indiana Regional Youth Village. That contract that you are looking at was for the year 2002, and surprise, surprise, we’re in 2003. So, what I just handed you was a new contract for 2003. The only changes, as one can imagine, would be that costs have gone up. So, if you look at page eight, under section 6.1, compensation, sub-paragraph A, those are new numbers from what you originally had received in the 2002 contract.

Commissioner Fanello: It doesn’t look like there’s that big of a difference though.

Brett Niemeier: I’m sorry?

Commissioner Fanello: It doesn’t look like there’s that huge of a difference.

Brett Niemeier: No, as a matter of fact, I think the secured detention stayed the same.

President Mosby: It did. Are there any questions?

Commissioner Crouch: Judge, this is a new contract, right?

Brett Niemeier: Yes.

Commissioner Crouch: We’ve not signed in the past?

Brett Niemeier: Yeah, currently we do not have a contract with Southwest.

Commissioner Crouch: We spoke today, so, I’m just, you know, curious if anything has changed. The reason we are signing this now is that you discovered that we could actually, if we entered into a contract, then we could get a–

Brett Niemeier: Cut our per diem rate.

Commissioner Crouch: Cut our per diem rate.

Brett Niemeier: Yes. Yeah, and Commissioner Fanello had requested for me to compute the cost savings if, in fact, we had had this contract for the entire year of 2002. I asked T.J. Brink, he is the Admissions Manager at Southwest, and he was kind enough to do that calculation. If we would have had a contract in 2002, we would have saved the county $25,889.75.

Commissioner Crouch: And we didn’t have the contract because–

Brett Niemeier: We’ve never had a contract with Southwest.

Commissioner Crouch: The reason I ask is as we spoke today, I told you that I remembered that this gentleman had appeared before this Commission back, I believe in, I don’t know if it was July or August of 2001, and I went back and then got on the Internet and checked the minutes after we spoke, and he did, in fact, come and he presented information, and asked that we enter into a contract and become a contracting county with their facility, and that we would receive a reduced rate.

Brett Niemeier: Uh-huh.

Commissioner Crouch: We never did that. So, I kind of look at it that we probably could have saved $26,000 if we had gone ahead and followed through back when it was first presented to us. So, I think, you know, certainly we need to enter into this and accept it. There aren’t any guarantees, or we don’t have to do minimums, or–

Brett Niemeier: Exactly. Years ago that was the problem why the county did not enter into a contract with Southwest, because they wanted us to guarantee so many beds and so much money per month. Judge Lensing, and I think the Commissioners decided at that time that was not prudent for the county to do. Why, you know, we didn’t do that in 2002, I don’t, I don’t honestly remember why it wasn’t suggested at that time. Or why it wasn’t followed through on.

Commissioner Crouch: Well, I think it’s a great opportunity for us to cut our costs.

President Mosby: Any other questions?

Commissioner Fanello: I would make a motion to approve the contract.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second to approve the contract with South Indiana Regional Youth Village. So ordered.

Brett Niemeier: Okay, and I would also suggest that we enter into a contract with the Youth Care Center, as soon as we can get that established. Because I think it’s very important that everyone understands their responsibilities and their liabilities when it comes, whenever we’re using these detention centers, so that we don’t have possible litigation in the future if something unforeseen happens. So, I would ask that the Commissioners consider entering into a contract with the Youth Care Center.

Commissioner Crouch: I commend you, Judge, because I know in the past there haven’t always been contracts. There are a lot of questions that have arisen. So, I , you know, commend you for moving forward in this direction.

Brett Niemeier: Okay. Anything else? Thank you.

Commissioner Fanello: Thanks, Judge.

President Mosby: Thank you.

President Mosby: Next we have the jail project, environmental report. I don’t believe Rick’s here, is he?

Commissioner Fanello: What?

President Mosby: Is there anybody from EMC?

Commissioner Fanello: I don’t think so. Outside? We may have somebody outside. Can you check and see if somebody from EMC is outside?

President Mosby: Nobody? Okay. Who put this on? Well, if there’s nobody here, I guess, from EMC, but did you get a copy.

Commissioner Crouch: I did. It’s kind of foreign.

President Mosby: Yeah, well, that’s kind of what I thought.

Commissioner Crouch: I did see the ND–

Commissioner Fanello: Non-detectable.

Commissioner Crouch: –which that means non-detectable.

President Mosby: I was going to say, the only thing I can really tell you is that in talking to EMC that they said they did the four holes, ten feet north, west, south, and east of the center hole, and they went 16' down, and they did a visual all the way down in the snow, all the way down. They sent the test off to the labs, and everything came back non-detectable. So–

Commissioner Crouch: That’s good news. It’s kind of, I guess, it’s kind of like the insurance we pay on our homes for fire that never happens, hopefully. It’s $3,500 insurance for a $35 million project. So, that’s good news.

President Mosby: So, anyhow. Do we need a motion to accept the report–

Kevin Winternheimer: No.

President Mosby: –or anything like that?

President Mosby: Next GIS drop in the Commission chambers. I really think this is for the Council chambers, right?

Commissioner Fanello: No, this is for this chambers right here.

President Mosby: It’s for the Commissioners?

Commissioner Fanello: They asked our permission, and we included it on the agenda, because they just sent it up for somebody to approve, and I thought the whole board should approve it. I make a motion to approve the GIS drop.

President Mosby: There’s no cost to us?

Commissioner Crouch: Second.

Commissioner Fanello: No, they are paying for it.

President Mosby: I was going to say, it’s no cost to us. I have a motion and a second. So ordered.

President Mosby: Commissioners, union contract. Has everybody had a chance to read that?

Commissioner Crouch: Yeah, there’s just one little change, I believe. I had asked the Council to take a look at the job classifications and the salary, and you all would probably know this more than I would, they indicated that on page 29, do you have–

Commissioner Fanello: I don’t know if I have mine.

President Mosby: I had mine. I didn’t have mine in the packet.

Commissioner Fanello: No, we had it in our packet last week.

Commissioner Crouch: It was in last week’s. On page 29 where it says Superintendent of County Buildings, there’s a carpenter, and then they said we need to include the maintenance position at $14.7796. That wasn’t included in the contract. If that is the case–

Commissioner Fanello: It should be included in there. Our maintenance person at the Old Courthouse.

President Mosby: I think it was just left off.

Commissioner Fanello: Yeah.

Commissioner Crouch: Yeah.

President Mosby: Yeah.

Commissioner Fanello: We could just, we could approve it with that amendment.

President Mosby: Yeah, I mean, it’s got to be in there, because it’s definitely a union position.

Commissioner Crouch: Yeah.

Commissioner Fanello: I’ll make a motion to approve the union contracts with an amendment to include the maintenance worker at the Old Courthouse.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second to approve union contract. This is a contract with the Garage, the Centre, Burdette, and the Old Courthouse. This is not the Sheriff’s Department contract.

Commissioner Crouch: For three years.

President Mosby: This is a three year contract, starting retroactive to January 1, 2003. A motion and a second. So ordered.

President Mosby: Is there any public comment?

Roger Madden: Roger Madden, Fathers United. As I’ve been telling you for about the last 13 years, the problems with the need for a visitation enforcement officer. If you heard in the news about the two weeks ago about the false memories that Bugs Bunny was mugging kids at Disneyland. Well, for one, Bugs isn’t at Disneyland, so, that means it couldn’t happen. For two, it’s false memories. For three, that’s what fathers have been fighting for about 40 years. So, without the equal protection of having a visitation enforcement officer to counter the gestapo tactics of the Child Support office, that’s the kind of problems we have. Just heard an advertisement today for First Steps for kids with emotional, physical, etcetera, developmental problems. Well, if you’ve got both parents in there, you can prevent a lot of that from ever happening. Prevention is a whole lot cheaper than correction. The same thing I’ve been telling the jail planning committee for the last five years. As I told you about Hibbs versus Nevada, and the discrimination etcetera , etcetera, I guess, our U.S. Supreme Court is starting to lean a little more towards equal protection of everybody, because I just got docketed in the U.S. Supreme Court. So, maybe the 77% denied visitation rate will go away. Maybe we can increase our child support payments by about 40% or 50%. Maybe we’ll start taking care of the kids, instead of using them as political fodder. Any questions?

President Mosby: Thank you. Is there any other public comment?

President Mosby: Any Old Business? I know Judy is with us tonight. Judy, did you want to–

Judy Weatherholt: I’m Judy Weatherholt with the Southwestern Indiana Regional Development Commission. Hopefully, you all have a copy of the public hearing notice. This is on the Jobe’s Lane project. We need to have a second hearing on that project. This will need to be published, and I need an approval from you all to go ahead and publish this second notice.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: A motion and a second for public notice. So ordered.

Judy Weatherholt: Okay.

Madelyn Grayson: Judy, is that something that we will take care of advertising?

Judy Weatherholt: I think it comes through your office, doesn’t it, Commissioner?

President Mosby: Yeah, I would think.

Judy Weatherholt: I think that’s what...did we handle, whoever handled it the last time.

Madelyn Grayson: I’ll take care of that then.

Judy Weatherholt: Okay.

President Mosby: I was going to say, I’ll have Tammy get with her.

Judy Weatherholt: Okay.

President Mosby: Okay. Is there any other Old Business?

President Mosby: Any New Business? Seeing none.

President Mosby: Department head reports. John Stoll is out of town. I don’t believe he’ll be here tonight.

President Mosby: County Highway, Dennis. I didn’t know if he was awake. I thought he might be home.

Dennis Hudnall: Dennis Hudnall, County Highway. Good evening. First of all I want to inform you that I did send the paperwork in asking for a $25,000 appropriation for union overtime, because it’s getting kind of critically low at this point, because of all the snow. So, if you need a copy of that, I would be glad to provide it for you, the transfer. Another thing is it’s pothole season, because right after the snow removal, I guess, we’ll move right into potholes. If we could, you know, advertise if anybody has, throughout the county, a pothole that we can log in, so we can go out and get them, because we’ve been getting an enormous amount of calls on them. We’ve been trying to take care of all of them in between the snowfalls. There’s a piece of equipment that I have solicited some prices on that we need for these potholes. It’s a small roller. I got three bids on this. It’s a used piece of equipment. I didn’t want a new piece. We have a roller out there now that’s 12 years old, and it’s in the maintenance shop more than I have it on the road. I have those three bids, and it’s under $10,000. So, am I right in soliciting the three bids, instead of opening the bid?

Kevin Winternheimer: That’s fine.

Dennis Hudnall: Okay.

Kevin Winternheimer: You would need to read them into the record of what you got, who they’re from (Inaudible. Mike not on.)

Dennis Hudnall: Did you say I need to read them into the record?

Kevin Winternheimer: Yeah, we ought to put them in the minutes.

President Mosby: Go ahead and read the name of the company and the prices quoted, just so we’ll get it on the record.

Dennis Hudnall: Okay, National Equipment Service was $12,490. Southeastern Equipment Company, Incorporated was $8,750. Caterpillar Rental Store was $7,632, which is the low bid. I’ve reviewed this piece of equipment, and it’s satisfactory. The mechanics have checked it out. So, I would recommend the low bid on it.

Commissioner Fanello: And you have money in your budget?

Dennis Hudnall: Yes.

Commissioner Fanello: I’ll move approval.

Commissioner Crouch: And I’ll second it. Just a question, I see here on Southeastern that they had a one year extended warranty that was available. Does this piece of equipment that you are recommending, does it have any kind of a warranty that also could be available for an additional amount of money?

Dennis Hudnall: That I can’t answer. I don’t, I asked them, the spec was I needed, I didn’t want to buy a new piece of equipment because of budget constraints. A new piece of equipment is around $20,000. So, I’ve asked them all to bid on something with 200 hours or less that was on the equipment. They were supposed to do that. The warranty, that wasn’t a part of it, but it’s a good question, I mean.

Commissioner Crouch: You might check.

Dennis Hudnall: Yes.

Commissioner Crouch: And did I second? Okay.

President Mosby: I have a motion and a second to accept the bid from Cat Rental Store for $7,632. I guess, Dennis, too you might ask Cat if they have any kind of warranty.

Dennis Hudnall: I’ll do that.

President Mosby: Since we can do this for a one year extended.

Dennis Hudnall: Okay.

President Mosby: So ordered.

Dennis Hudnall: The only other thing I have is do you have any questions on my report that I sent you. I hope you all...it’s lots of snow and potholes. That’s basically it.

President Mosby: I don’t really have any questions.

Commissioner Fanello: I have a question, it’s not about the report, but have we set a date for our road hearing yet? I can’t remember if we did that at the beginning of the year.

President Mosby: I don’t think so.

Commissioner Fanello: Do we want to do that since we’re going to go ahead, that’s usually when we–

Commissioner Crouch: (Inaudible. Mike not on.)

Commissioner Fanello: We do set, usually about the beginning or middle of March, I think. So, we might set it for, since you’re so busy right now, we might, we might move it later in the month. Because you have so many things going on.

Dennis Hudnall: We have a potential list–

Commissioner Fanello: Okay.

Dennis Hudnall: –constructed, and we’ll have to advertise, I guess, if anyone else has anything.

Commissioner Fanello: Maybe March 17^th.

President Mosby: Well, since that’s zoning, I was thinking the 24^th.

Commissioner Fanello: Okay.

President Mosby: March 24^th.

Commissioner Fanello: That’s fine. I’ll move approval–

President Mosby: The 17^th will be third Monday.

Commissioner Fanello: –of the road hearing for March 24^th.

Commissioner Crouch: Second.

President Mosby: So ordered on the road hearing.

Madelyn Grayson: We do need to advertise that don’t we?

Kevin Winternheimer: Go ahead and advertise it, yeah.

Dennis Hudnall: That’s all I have.

President Mosby: Is there any other questions of Dennis? Did you hear back from North American today?

Dennis Hudnall: No, not yet, but we’re hoping in the morning early that we get some trucks rolling in there. We’ll keep you posted on the situation.

President Mosby: Okay.

Dennis Hudnall: So, hopefully, they’ll show up in the morning with salt.

President Mosby: Hopefully, you don’t need it then.

Dennis Hudnall: Yeah.

Commissioner Fanello: We’ve got two more snows coming, I think. Tuesday, and Sunday, I think.

Commissioner Crouch: (Inaudible) good job.

Commissioner Fanello: Yes.

Dennis Hudnall: Well, thank you. Thank you. The guys out at the Garage appreciate that, because–

President Mosby: Don’t pay any attention to the–

Dennis Hudnall: –they’ve put some long hours in. Beg your pardon?

President Mosby: Don’t pay any attention to the letter to the editor.

Dennis Hudnall: We already read it. Everyone out there read it. We just try that much harder.

President Mosby: No problem. You did do a great job. Thank, Dennis.

Dennis Hudnall: Thank you. Have a good night.

President Mosby: County Attorney.

Kevin Winternheimer: I just have one brief, quick matter. A couple of weeks ago Commissioner Crouch asked me to contact SMG, Sandie Aaron, about whether they had any insurance to cover a matter if we were sued by the Toughman people. She called me, and I was in a meeting here, Tuesday morning, I believe, this Tuesday, and she left it on my answering machine. In any event, her response was, no, they do not have any insurance coverage for that kind of thing. My, I did not call her back, or ask for any further explanation. I assume that probably the matter is one of a contractual nature, and usually you don’t carry insurance for contractual type matters. I assume that was the response of her insurance company. I did not get back further, but that was her report, that they did not have any insurance coverage for that. That’s all I have to report.

President Mosby: Any questions?

President Mosby: Superintendent of County Buildings.

Tammy McKinney: I don’t have anything to report.

President Mosby: Burdette Park

Steve Craig: Steve Craig, Manager of Burdette. I got our work reports, and then I do want to get a copy of those bids, so that we can go over those. For the pool lining.

Tammy McKinney: Phil Lawrence has those.

Steve Craig: Did he take them with him already? Did you copy them by any chance? Okay. I want to get on that, because we don’t have much time, or leeway to do it, and I would like to get a hold of them. Other than that, that’s all the business that I have.

President Mosby: I was going to say, contact Phil in the morning and see if we can get a copy and that, so we can go through them.

Commissioner Fanello: We’ll get them in the morning.

President Mosby: Any questions of Steve? Thank you, Steve. We’ll get you a copy of them.

Steve Craig: Thank you.

President Mosby: Is anybody here from Soil and Water?

Commissioner Fanello: I don’t think I saw anybody. I’ll move that we accept the Soil and Water and Ozone Officer’s report.

Commissioner Crouch: Second.

President Mosby: A motion and a second, so ordered.

President Mosby: Consent Items. Any questions?

Commissioner Fanello: I’ll move approval of the Consent Items.

President Mosby: A motion and a second on the Consent Items. So ordered.

VANDERBURGH COUNTY

REZONING BOARD

FEBRUARY 24, 2003

The Vanderburgh County Rezoning meeting for February 24, 2003 was held as part of the regular Commission meeting. The rezoning portion of the meeting began at 6:05 p.m.

President Mosby: Which brings us to rezonings.

President Mosby: First reading we have one rezoning, VC-8-2003, petitioner, Moore Investments LLC, 800 Schutte Road, request change from Ag to R-3. Do I have a motion to accept?

Commissioner Fanello: Motion to accept first reading.

Commissioner Crouch: Second.

President Mosby: So ordered.

President Mosby: Final reading, VC-1-2003, petitioner, Jeffrey Korb and Jennifer Korb, address, 7920 Hogue Road. Parcel A change from Ag to R-1. Parcel B and C, change from R-1 to R-3.

Kevin Winternheimer: Just in time.

Jerry Atkinson: Just in time. Good evening, my name is Jerry Atkinson. I represent the petitioner, Jeffrey Korb and his wife, Jennifer, and Haas Development, Inc., with regard to the rezoning of a small parcel of real estate to R-1, and a larger parcel of real estate to R-3 for condominiums off Hogue Road on the west side of Evansville. There is already some existing R-1 present, and the function of the rezoning is to change the land use so that there will be approximately 20 acres of R-1 land that will support the construction of single family residences that are like the residences across the road in Heartland Ridge. They will sell for approximately $220,000, on up. Access will be to Hogue Road, immediately south of the entrance of Heartland Ridge. The R-3 area is proposed for use for up to 20 condominium buildings, with not more than four units per building, and not bigger than 8,000 square feet, with some of those condominium buildings being for two units, and some being for four units. The current conceptual plan consists of 14 buildings, ten of which are four unit buildings, and four of which are two unit buildings, for a total of 48 units. However, as the development is designed, there may be an opportunity to add an additional building, or to change a four unit building to a two, or vice versa, depending on the terrain. That’s the reason for the use and development commitment being slightly larger than what they are currently planning. All of these will be single story. This is, if you will, a condominium development adjacent to Wolfe Creek Condominiums which were approved by the County Commissioners before. The R-1 area will access Hogue Road by an entrance right here. The R-3 area will access Wolfe Creek Court, which is the area the...I’m sorry, Wolfe Creek Condominiums are currently under construction. There will be an extension of that road. The value of connecting the roadway will be to give both the residential area, and the condominium area access to either Hogue Road or Eickhoff Road, and reduce traffic density on both roads. When the new Eickhoff extension is completed, the existing Eickhoff Road will, in effect be a frontage road, and there will be very little traffic on Eickhoff Road. This is, if you will, an identifiable development in the sense that Heartland Ridge already has houses that you can tell that will be, I’m sorry, exemplary of what will be constructed. These are the photographs of some homes that exist across the road in Heartland Ridge. Likewise, you can also see what the development will be with regard to Wolfe Creek. There are some condominiums that are under construction currently. Some of them have been sold already. The developer intends that the development will be consistent with that that’s already under construction. I have some photographs of typical, if you will, condominium dwelling buildings that will be the type of building that is going to be constructed on the area being rezoned R-3. I also have taken some photographs of the Hogue Road area that shows where the R-1 land would be, and also looking into the trees that exist on where the R-3 rezoning is sought. The Haas family came here a year or so ago, and they asked for some land to be rezoned so that they could build condominiums. They had no intention of coming back to you and saying, gee, we want to do some more condominiums. The neighbors were up in arms. They fought. They battled. They remonstrated. They objected. You had faith enough in the folks, the Haas family, to vote for approval of that rezoning. The leader, if you will, of that remonstration was comfortable enough at the quality of the construction, and the class of the development that he has agreed to sell land that he bought to block further development by the Haas family, to the Haas family so they could do additional development of additional condominiums. What the Haas family has done is to create a buffer strip, as a result of an agreement with Mr. and Mrs. Korb, 50' wide between the end of Keywest Subdivision, that will remain a wilderness strip 50' wide, and the Korb’s have agreed to give Haas Development, Inc. and their successors in interest, a permanent easement to permit trees to remain. Either party can add trees. Either party can remove trash, but it will remain a, if you will, a wilderness area. Also, in green, marked on this diagram will be areas that the developer intends to have a tree line for visual screening to prevent anybody else from being impacted by looking at a condominium development. When in 2000 the Haas family was here before you asking to approve their rezoning petition so that there could be development of the first group of condominiums, they were fighting against the allegation that it would take 12' of fill to be able to put houses there. That they would all flood. There were a lot of issues. We told you that there would not be flooding. That the FEMA map needed to be amended. It was amended. There was not flooding. That the condos would be nice. They’re nice. They are very nice. They sell from $160,000 to $200,000. We invited people to come out to one of the condos for an opportunity to see one, and to share their concerns, and the neighbors did not show that night. In fact, there was very little or no discussion at the Area Plan Commission. This is a good project. It’s a residential area. It’s compatible. There is really no reason for this development not to be where it is, at it intended to be. The Haas family, if you will, did everything that they told you that they would do, and more. They are back, and they have an opportunity to do yet another condominium project in the neighborhood, and would ask that you vote in favor of their petition. The one concern that neighbors have advanced to be aware of is that, again, there not be a use of these condominiums for student housing. We handled that by a private covenant, in which, excuse me, the developer agreed to establish rules and regulations for the condominium association to be formed pursuant to a horizontal property regime for the condominium project, that provided that no condominium unit may be sold to, rented to, or occupied by individuals who are either full time or part time college students, with the exception of part time married students over the age of 35,or students who physically reside with their parents in the condominium unit. We provided also that the condominium owners association has the right to eject or evict any individuals not in compliance with all of the rules and regulations, pursuant to appropriate legal proceedings. We did that. We put it in the horizontal property regime. We put it in the rules and regulations. I’m sorry, in the restrictions, and we will do that again. We have prepared a private covenant that is enforceable by members of, I’m sorry, owners of land located in the 300 block of Keywest Drive, that obligates the developer to impose those restrictions upon the condominium units. That will be executed and recorded as it was before. We will also be creating a private, I’m sorry, not a private, but a perpetual easement executed by Mr. and Mrs. Korb, and by Haas Development, Inc., which will permit the on-going maintenance of the 50' buffer strip. If you have any questions, Mr. Korb is here, some members of the Haas family are here, the engineer is here, Mr. Keith Poff, and we will try to answer any questions you may have.

President Mosby: Are there any questions by any member of the Commission? Seeing none. Is there any remonstrators that would like to speak?

Fred Padget: Good evening. I’m Fred Pagdet, and I represent the West Side Improvement Association. I’m not really here to remonstrate. I think the Haas group does good work. The condominiums out there, that are there now are, I think, an asset to the area. One of the things, we were down here a couple of years ago, and it was discussed some that something that the west side needed was some condominiums, and those type of homes. So, overall we’re not opposed to the project. We think it’s a good project. I wanted to talk about one specific thing. I visited the area out there before the Area Planning meeting, which was on February 5^th, and on the area, which going down Hogue on the south side, there had been quite a bit of land disturbance, earth disturbance. I met Mr. Haas out there, we talked about that. We talked about several other things, ingress and egress, and all of that. Those areas are, I think, quite well resolved. The area where we had the earth disturbance, he told me that they had put in some water lines, and did some other earth work, and that was the reason for it. I asked if there was an erosion control plan, there was not, at that point. There was no erosion control practices being, in place, at that point. There may be some misunderstanding, or some interpretation of the regulations, but the way I understand it....well, first of all, I brought this up with, at the Area Planning Commission, and at least one of the Commissioners agreed, agrees with what I talked about, and what I said. Part of it comes about because we have what we call Rule Five, and that applies to earth disturbance of areas five acres and over. But, if you have an earth disturbance of less than five acres that is part of a project greater than five acres, erosion control plans are still required, in that case. I felt this fell in that area, and should have an erosion control plan, even back then. I checked with, I went out there Sunday, there is still no erosion control practices in that area, at least that I could determine. I talked with the Soil and Water Conservation District today, and there’s not an erosion control plan on file, as of today. With spring, anytime, erosion control can be a problem, and we think, in this area, it’s something that we take very seriously, and we think it’s something that we need to do something about, and want to watch over. The Soil and Water Conservation representative that I talked to today said he had requested an erosion control plan. As I say, as of today they have not had it. I think, and I would ask the Commission to, before you vote for this have a discussion with Mr. Atkinson, the lawyer, or the Haas family as to what they intend to do with erosion control, and when we intend to get an erosion control plan filed with the Soil and Water Conservation District. I’m not representing Soil and Water, I’m here representing West Side Improvement, but it’s, that’s where the regulations fall. So, other than that, I think it can be a great project. I think it can be an asset to the west side. We just want it done right. 95% of what I’ve seen out there is right, but we want it to be 100%. That’s our concern tonight. So, thank you for listening to me.

President Mosby: Thank you. Any questions by any member of the Commission? Jerry, would you like to speak to that?

Jerry Atkinson: If I may. We were up here a couple of weeks ago, and visited with the Area Plan Commission, and Mr. Jeffers spoke eloquently about the absence of erosion control with regard to a cut in a water line, I think sometime last year, across a part of the R-1 land. Since that time we’ve had a little snow, and we’ve had a little ice. They have, in fact, addressed some of the issues, but it’s going to be so muddy that doing some immediate work out there is going to have to wait for a week or two, I would imagine. Keith Poff has interacted with the Soil Conservation folks. He is doing exactly what they told him to do in the order that he must follow to properly present the erosion control plan. As I understand it, he’s already issued, he’s already done the public notice part of it, and is moving forward aggressively to put erosion control in place with regard to that. A part of the issue is that not everybody understands that Rule Five requires land that’s smaller than five acres to be dealt with, if it’s being used for an agricultural purpose. Last year they had crops in there. This year they did not plant winter wheat, and that’s why we wind up with a visible erosion issue. That will be addressed in short order. Like the remonstrator representative of the West Side Improvement Association, we too would like to see 100%, and that’s the direction we’re headed. I did fail to mention to you that this is a condominium project that will be marketed to older, mature adults. All of the sales, that I’m aware of, the condominiums that have been sold in the Wolfe Creek project have been to people who are of retirement age. So, we’re not a big negative impact on the community. They don’t make a lot of noise. Mr. Poff, would you like to tell them about that?

Keith Poff: I’m Keith Poff of Sitecon, Incorporated. I talked to Mike Wathen, and he did ask that I not provide a plan prior to having our public notice published, as well as having the notice of intent letter with the state. We have sent to the Courier, and I believe they’ve already published that. I’m awaiting that certification, so that I can complete the notice of intent letter. Once the notice of intent letter is complete, then our plan can be packaged up and sent to the local authorities. He asked me to do that plan in the proper order, because he wants this plan to address not only the efforts they’ve done previously, but what will be the future project, which includes the anticipated residential subdivision, as well as a condominium site.

Commissioner Crouch: What’s your time line on that? When are you expecting to have that erosion control plan on file?

Keith Poff: Once we receive that certification of the publication, then I can have the NOI sent off the same day, and I expect to have the plan, probably, Thursday of this week. We are awaiting an insertion for that plan.

Commissioner Crouch: And, would that satisfy your concern?

Fred Padget: We would have preferred it been done earlier, but at this point (Inaudible. Not at mike.)

President Mosby: Any other questions by any member of Council? Any other remonstrators or anyone willing or wanting to speak to 7920 Hogue Road? Seeing none. The chair would entertain a motion.

Commissioner Fanello: Motion to approve VC-1-2003.

Commissioner Crouch: Second.

President Mosby: I have a motion to adopt VC-1-2003, and call the roll. This has to be a roll call vote. Commissioner Crouch?

Commissioner Crouch: Yes.

President Mosby: Commissioner Fanello?

Commissioner Fanello: Yes.

President Mosby: Commissioner Mosby, yes. There being three ayes, no nays, VC-1-2003 is hereby declared adopted.

Jerry Atkinson: Thank you very much.

President Mosby: All your stuff is up here, if you want this.

Madelyn Grayson: Jerry, can I just keep that stuff for the record? Or do you need that back?

Jerry Atkinson: That should stay with the record, as I understand it.

Madelyn Grayson: I’ll just take all that with me then. I’ll get a bigger filing cabinet.

Commissioner Fanello: You’ve got a big filing cabinet.

President Mosby: No, Jerry, she wants it. Yes, she’s trying to get it over here.

Madelyn Grayson: I’ve got the big filing cabinet.

President Mosby: Is there anybody else that would like to speak regarding rezonings or any other business? Seeing none. The chair would entertain a motion.

Commissioner Fanello: Motion to adjourn.

President Mosby: I have a motion–

Commissioner Crouch: Second.

President Mosby: –and a second. So ordered. We stand adjourned.

(The meeting was adjourned at 6:27 p.m.)

CONSENT ITEMS:

         Travel Requests: Superintendent of Buildings

         Employment Changes:

         County Highway             The Centre           Burdette Park

         Sheriff Department         County Council

         Requests for Service: Veterans Service

         Sheriff: Weekly Jail and Community Corrections Reports.

         County Clerk: Monthly report for November 2002.

         Commissioners: Letter of support for Sheriff’s program.

         Those in Attendance:

         David W. Mosby             Catherine Fanello           Suzanne M. Crouch

         Kevin Winternheimer      Bill Fluty                          Tammy McKinney

         Madelyn Grayson           Phil Lawrence                 Brett Niemeier

         Roger Madden                Judy Weatherholt           Dennis Hudnall

         Steve Craig                     Jerry Atkinson                 Fred Padget

         Keith Poff                        Others Unidentified         Members of Media

         VANDERBURGH COUNTY

         BOARD OF COMMISSIONERS

         David W. Mosby, President

         Catherine Fanello, Vice President

         Suzanne M. Crouch, Member

         Recorded and transcribed by Madelyn Grayson.