VANDERBURGH COUNTY

REZONING BOARD

JULY 17, 2007

The Vanderburgh County Rezoning Board met in session this 17^th day of July, 2007 at 3:30 p.m. in room 301 of the Civic Center Complex with Vice President Bill Nix presiding.

Commissioner Nix: Good afternoon. I would like to call to order the Vanderburgh County Commissioners special called meeting for, I guess, to approve some zonings.

Commissioner Nix: I will entertain a motion to approve the minutes of the June 19, 2007 meeting.

Commissioner Tornatta: So moved.

Commissioner Nix: All in favor?

Commissioner Tornatta: Aye.

Commissioner Nix: Aye.

Commissioner Nix: Good afternoon.

Bev Behme: Good afternoon. We have two first readings on the agenda, VC-13-2007, Three I Properties, LLC. That’s at 12900 and 12920 Old State Road, from agricultural and R-1 to C-4. VC-14-2007, Kendall Development, LLC, 7235 North Green River Road, from agricultural to C-4. Those are first readings. They need to be voted and sent to Plan Commission.

Commissioner Tornatta: Motion to accept.

Commissioner Nix: Second. All in favor? We’ll have a roll call vote. Commissioner Tornatta?

Commissioner Tornatta: Aye.

Commissioner Nix: And I vote yes.

Bev Behme: Now, there were three final readings on the agenda, two have been continued, VC-9-2007 and VC-12-2007 have been continued until the August 21^st meeting. So, we only have one first reading, and that’s VC-4-2007, Sterling Properties.

Commissioner Nix: Excuse me, that’s second reading, is that correct?

Bev Behme: I’m sorry. Final reading, yes, yes.

Commissioner Nix: Okay, final.

Maria Worthington: Good afternoon, Commissioners. For the record, I am Maria Worthington with Kahn Dees Donovan and Kahn law firm, 501 Main Street, Evansville, Indiana, 47708. This afternoon we’re here to ask for your positive vote on the Ag to M2 with extensive use and development commitment for Sterling Properties, LLC for new headquarters for Sterling Boiler and Mechanical, Inc. I believe, as you know, from the past televised proceedings of the Area Plan Commission, we did receive a 10-0 positive recommendation in favor of this zoning. We believe we have satisfied all concerns of the neighbors. We’ve worked extensively with our neighbors and with government officials to come up with a project that we think would suit everyone. Steve Bohleber, the neighbors and remonstrators, they’re not now remonstrators, they once were, their attorney has submitted a letter that he wanted me to read into the record. He will not be attending. They are now in agreement with this project, and I’ve handed that letter out to you, and he ask that I make it part of the record. I’ll very quickly read the couple of paragraphs that it is:

“Dear Commissioners Nix and Tornatta, I am unable to attend the County Commissioners meeting on July 17, 2007, but ask that this letter be made a part of the record and read into the record by petitioners attorney, Maria Worthington. I represent several neighbors with diverse interests who live around the area of the proposed rezoning. While not every neighbor is happy with every aspect of the proposal before you today, and while most would probably prefer this area remain green and open, the use and development commitment and rezoning petition before you is the product of lengthy and productive negotiation and compromise. In addition, Sterling has committed itself to extend its’ sewer line to accommodate adjoining residential property owners. Because of the positive relationship developed between the parties during this negotiation process, my clients interpose no objection to this project.”

Much of the use and development commitment before you contains language proposed by their attorney. We believe everybody’s satisfied with that. We don’t want to be redundant. We want you to know that we are here to answer your questions. We hope that we’ve satisfied all concerns. I will state that I do believe Jim Farney’s on his way, if you have engineering questions. Mike Shoulders, our architect, is here. I’m here. Mike Schopmeyer is here, and we have folks from Sterling here. So, we ask for your positive vote. If you have any questions, we would like to answer them.

Commissioner Nix: Okay. Thank you. Are there any remonstrators for VC-4-2007? Seeing none. Questions from the Commission?

Commissioner Tornatta: No, I would just like to make a comment. I know that this has been a lengthy process to try and get everybody on board. I appreciate the job that the people from Sterling have done to try and make sure that this is going to be a very positive situation. They’ve taken care of all the questions that I’ve had and that some of the neighbors have called and had me out. So, I much appreciate it, and I would like to call for the vote.

Commissioner Nix: Would you like a summation at all?

Maria Worthington: I don’t believe we have anything further. We very much appreciate you having us today. We know it was a short and tight agenda. So, we just ask for your positive vote.

Commissioner Nix: I will entertain a motion.

Commissioner Tornatta: So moved.

Commissioner Nix: Second. All in favor?

Commissioner Tornatta: Aye.

Commissioner Nix: Aye. Opposed same side.

Ted C. Ziemer, Jr.: In my opinion, everything that’s happened so far is okay.

Commissioner Nix: Yes. Roll call vote please. Troy, Commissioner Tornatta?

Commissioner Tornatta: Yes.

Commissioner Nix: And, I vote yes.

Maria Worthington: Thank you very much.

Commissioner Nix: If there’s no other business to come before the board, I will entertain a motion to adjourn.

Commissioner Tornatta: So moved.

Commissioner Nix: Second. All in favor?

Commissioner Tornatta: Aye.

Commissioner Nix: Aye.

(The meeting was adjourned at 3:36 p.m.)

Those in Attendance:

Bill Nix                                      Troy Tornatta                            Ted C. Ziemer, Jr.

Madelyn Grayson                     Bev Behme                               Maria Worthington

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

REZONING BOARD

Bill Nix, Vice President

Troy Tornatta, Member

(Recorded and transcribed by Madelyn Grayson.)