vanderburgh county board of commissioners august...

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

AUGUST 9, 2016

The Vanderburgh County Board of Commissioners met in session this 9th day of August, 2016 at 4:01 p.m. in Room 301 of the Civic Center Complex with President Bruce Ungethiem presiding.

Call to Order

President Ungethiem: Good afternoon. I would like to call to order the Vanderburgh County Board of Commissioners meeting for August 9, 2016.

Attendance Roll Call

President Ungethiem: Madelyn, would you call the roll?

Madelyn Grayson: Commissioner Kiefer?

Commissioner Kiefer: Here.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Here.

Madelyn Grayson: President Ungethiem?

President Ungethiem: Here.

Pledge of Allegiance & Invocation

President Ungethiem: Okay, I would like to join, I would like to invite you join us in the Pledge of Allegiance, followed by the invocation. Please stand.

(The Pledge of Allegiance was given.)

Commissioner Melcher: Dear Father, be with us tonight as we do these deliberations of our job. Try to help us watch over all of the county, and try to make sure that it’s done. Take care of our sick and wounded soldiers and everybody. A special prayer goes out to the families that need it. So, we pray this in Jesus’ Name. Amen.

President Ungethiem: Amen. Thank you, Steve.

Lilly King Day Proclamation

President Ungethiem: Any students in the audience? Too bad, because we’re going to celebrate, the first action item is we’re going to celebrate a very, very successful Vanderburgh County School Corporation student. If any of you saw the paper this morning, there’s a young lady on the front page of the paper, her name is Lilly King, and on Monday evening, about 8:30 or so last night, she won a Gold Medal at the Olympics. So, what we decided to do is to have a proclamation for Vanderburgh County to claim, or to proclaim that today is “Lilly King Day” in Vanderburgh County. Let me read the proclamation; “Whereas, Lilly King is a Vanderburgh County, Indiana resident, and a 2015 graduate of F.J. Reitz High School, and; Whereas, she became the first ever Reitz High School State Swim Champion in 2015, and; Whereas, as a competitor at Indiana University, Lilly has set American records, winning the 100 and 200 meter breaststrokes in the NCAA Championships, and was the World Universities Games Silver Medalist in 2015, and; Whereas, Lilly represents Team USA in the 2016 Rio Olympics in the 100 and 200 meter breaststrokes, and the 4 X 100 medley relay, and; Whereas, she is the first Hoosier swimmer to win multiple events at the U.S. Olympic Swimming Trials since 1972,

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and; Whereas, our community respects her outspoken advocacy for clean competition at the Olympic Games, and at all levels of sports competition, and; Whereas, Lilly won the Olympic Gold Medal for Team USA in the 100 meter breaststroke, setting an Olympic record of 1:04:93, and, Whereas, she is a role model for young people around the world, and especially in her hometown. Now, Therefore, let it be resolved that we, the Vanderburgh County Board of Commissioners, do hereby proclaim Tuesday, August 9, 2016, “Lilly King Day” in Vanderburgh County. This 9th day of August, 2016.”. Great day for Vanderburgh County, and great day for the young folks in Vanderburgh County. Joe, do you want to add anything?

Commissioner Kiefer: I think this deserves a stand up applause.

(Standing Ovation was Given.)

Commissioner Kiefer: Before I make the motion to accept this and approve it, it’s just really, really awesome to be able to drive around our community and see signs. I drove by Donut Bank, they had “Congratulations, Lilly King!”, you know, the Washington Square Mall has a, “Go for the Gold, Lilly!”, I mean, you know, just everywhere you drive you see the signs out there, people posting them on their businesses. Out of all of the things going bad in the world, it sure is nice to have a Lilly King for Evansville. I couldn’t be prouder than I am today to be able to be a part of this community, and to be able to do this proclamation.

Commissioner Melcher: And, I agree wholeheartedly with you, the same exact words. I would like to take it a little step further. She did this without a high school swimming pool. Every high school in the State of Indiana pretty much has a pool. Terre Haute just built a brand new one, and I was meeting with some people the other day, and they offered to, I could come up with some other people to see their new one and see what it’s like. She graduated from Reitz and didn’t have a pool, and the pool we have is probably about 20-25 years old, and it’s not safe to be in there. So, we need to have a new pool. So, I’m asking the School Corporation, and I would like the city to come along on board with us, to see if they could find some funds. They’ve got the funds to build a brand new school right now, maybe we could add a swimming pool to it, an Olympic size, so that all of our youth can do that. The city did that years ago, when Joe and I were on there, about the Swonder Ice Rink. So, it got built. So, why can’t we build a swimming pool for our children, indoors, so that they could, so they don’t have to go to Bloomington to ice skate, or go somewhere else? They could do it right here. Just think how much she could have done sooner, if she had had a pool. So, it’s time for the School Corporation, I think, to step up and start looking about trying to see how they could fund a brand new one. If it takes the city and county to get involved, I’m willing to do that.

Commissioner Kiefer: I would like to make the motion to approve this, and also want to congratulate Lilly’s parents, because, obviously, she didn’t do it alone, and her family and parents and friends and other support system was there with her, but it sure is nice and it sure feels proud to be able to do this. I’m glad she’s from Evansville, Indiana and Vanderburgh County. With that, I’ll make that motion. Thank you.

Commissioner Melcher: I’ll second the motion.

President Ungethiem: We have a motion and a second. Anybody in the audience want to add anything? Okay, all those in favor say aye.

All Commissioners: Aye.

President Ungethiem: Opposed, same sign?

(None opposed.)

President Ungethiem: The motion carries.

(Motion approved 3-0)

President Ungethiem: Today is “Lilly King Day” in Evansville, Indiana.

Commissioner Kiefer: Alright.

VANDERBURGH COUNTY of 25 BOARD OF COMMISSIONERS AUGUST 9, 2016

President Ungethiem: I like it when we do things like that.

Commissioner Kiefer: Yeah, that’s the best part of this job.

President Ungethiem: There’s a trivia question that we’ll let you all work on, by the end of the meeting, is who is the other Evansville high school student who has won a Gold Medal in the Olympics? You have to work on that.

Additional ONEP 2016 CIP Requests

President Ungethiem: Okay, next on the action items, Dave Rector is here from Old National Events Plaza CIP request.

Dave Rector: Dave Rector, Evansville-Vanderburgh County Building Authority General Manager. Darren Stearns is here from SMG, and Harry Cochran. I’m glad you started off with that in such a good mood, because I need money.

President Ungethiem: Dave the Downer.

Commissioner Melcher: Money? That’s the County Council.

Dave Rector: This is the corrected version of the one you had, the request you had was for a chiller replacement, but it had the repair cost. As you see the difference is the repair cost is almost half the replacement cost. That chiller is building original, right, Harry?

Harry Cochran: Yes.

Dave Rector: So, it’s 1999. The roof we’ve talked about, from storm damage that the roof just totally lifted clear, released off the roof. We’ve got it settled back down, tied down. I’m talking with Bob Dillow on insurance. We have a deductible, but the cost to replace is more than the deductible. Then, the walk-in cooler/condenser went out and there was going to $11,000 worth of product wasted if we didn’t get it repaired. So, I’m asking for F&B money to complete those three projects.

President Ungethiem: Any questions?

Commissioner Kiefer: I don’t have any. I talked to Dave about this ahead of time. I would like to make a motion to approve.

Commissioner Melcher: Second.

President Ungethiem: We have a motion and a second. Any comments from the audience? Seeing none, roll call please.


Commissioner Kiefer: Yes.


Commissioner Melcher: Yes.


President Ungethiem: Yes. Dave, it’s approved 3-0.


Dave Rector: Thanks, gentlemen. I’ll you know how the insurance works out.

President Ungethiem: Okay.

Dave Rector: Thank you.

President Ungethiem: Even if we don’t get it, we should file it just to keep our—

Dave Rector: Yeah, and he seemed pretty positive that it probably would be applied to that.


President Ungethiem: Yeah, applied to the deductible.

Dave Rector: I had a separate one.


CFC 5K Road Closure Request

President Ungethiem: Next on the action items we have a road closure request for Christian Fellowship Church, Hope for Uganda 5K, and, please come forward. Andi?

Andi Miller: Yes. What do you need to know from me?

President Ungethiem: Well, your name and when this is going to happen.

Andi Miller: Well, my name is Andi Miller. I work at Christian Fellowship Church. Last year we did the run, we called it the Run for Rakai. It’s a 5K, started and ended at Christian Fellowship Church. We’ve sent the route in, it’s going to close Millersburg, the two roundabouts, Hedden and Oak Hill for maybe an hour. We raise money for a children’s school and village in Rakai, Uganda that we’ve supported and worked with for several years.

President Ungethiem: And, what’s the date on this?

Andi Miller: October 29th.

President Ungethiem: October 29th?

Andi Miller: It’s a Saturday morning.

President Ungethiem: At?

Andi Miller: At Christian Fellowship Church.

President Ungethiem: What time?

Andi Miller: Oh, 8:30 a.m.

President Ungethiem: And, how do people find out how to be a part of this?

Andi Miller: We will advertise it throughout the church, through some of the running organizations, and we have it on our website.

President Ungethiem: Okay. Very good.

Commissioner Melcher: And, you’ve got the, I guess, you’ve got the okay from the Sheriff’s Department?

Andi Miller: The Sheriff’s Department, I believe, is who I went through first, and they forwarded it on from them.

Commissioner Melcher: Okay.

Andi Miller: So, yes, and then we’ll contract with them to man the roads on that day, like we did last year.

President Ungethiem: Okay. I would entertain a motion.

Commissioner Kiefer: I’ll make a motion to approve.


President Ungethiem: A motion and second. Any other comments? Roll call please.







President Ungethiem: Yes, and it’s approved 3-0.


Andi Miller: Thank you.

President Ungethiem: Have fun.

Andi Miller: Thanks.

University Parkway Corridor Study

President Ungethiem: Next on the action items is Ron London. He’s going to talk about the University Parkway corridor study.

Ron London: Ron London, Area Plan Director. We also have, Seyed, do you want to come up?

Seyed Shokouhzadeh: Seyed Shokouhzadeh with the Evansville MPO.

Ron London: Basically, we just wanted to, and I put in front of you guys a copy of the map of the University Parkway and what the corridor study scope would encapsulate. Then, also, just a rough cost breakdown that we received from two different contractors. One from Stantec and one from Rundell Ernstberger and Lochmueller, they were teaming up. What we did was, we just sent out a rough scope to get some pricing back, just to give you guys an idea of what it would roughly cost to do a corridor study along the University Parkway. A couple things I want to make sure that we go through, there’s two different sections with this scope. There’s one, there’s a land use portion, and there’s a transportation portion. Under the transportation portion, I did kind of a rough cost breakdown from each, both contractors came in at roughly the same numbers for both. On the transportation side, there’s a possible match, and I’ll let Seyed maybe talk about this a little bit more, but the, there’s a possible 80/20 split through the MPO. They would have to file the documentation, I’m not sure whom that would be through, but there’s a possible 80/20 split where the county would have to pay the 20 percent, and the other portion would be paid for with an 80 percent match. So, with that cost breakdown there, it looks like the County Commissioners, if they decide to move forward with this project, would be, for the $250,000 to do the corridor study, the rough estimate with the 80/20 breakdown, it would roughly cost around $130,000. The county reimbursement portion, of course, would be around $120,000. I also want to make sure that we’re very clear, is that there would be a memorandum of understanding, that would need to be contracted with the MPO. Basically, what that is, it’s a contract that would state that if the county decides to do the 80/20 split match, is that once that corridor study is done, is that it would be put into some type of form of a resolution or an ordinance, so that what we come up with in that study is kind of set in stone for—

President Ungethiem: That it’s binding?

Ron London: --yeah, that’s it’s binding. So, Seyed, I don’t know if you want to elaborate any more on that.

Seyed Shokouhzadeh: Yeah, we believe that’s a good study, and it’s going to be a good plan, and it’s going to protect University Parkway, the integrity of the Parkway, so there wouldn’t be any curb cuts on that. So, MPO is willing to participate in the transportation part of it. We can only do 80 percent, and the 20 percent should come as a match from the county, and that would be contingent, as Ron explained, on the MOU between MPO and the county, that the plan become an ordinance. If it doesn’t resolve to an ordinance, then the county has to pay the 80 percent back to the MPO.

Commissioner Melcher: Well, if it’s an ordinance it won’t sit on somebody’s shelf for five years will it?


Seyed Shokouhzadeh: Yes, that’s the plan.

Commissioner Melcher: Because that’s what seems to happen here.

Ron London: Yeah, we want to make sure that whenever this plan is come up with, is that it’s actually used. Basically, it’s there for planning purposes, so whenever someone comes along that corridor, we can kind of explain to them exactly, this is what you’re expected to do.

President Ungethiem: Yeah.

Ron London: So, that we don’t mess up the transportation network out there. So, basically we’re here tonight, we would just like to ask your permission to kind of move forward with this project and put out a Request for Proposals. We would get those back, do some interviews with some of the firms, and then we would bring back to you guys a recommendation on the selection. You guys would have the final say on who the selection would be, but we would score each person that would come in, and we would give those to you and you would be able to make a determination off of that.

Seyed Shokouhzadeh: One more thing, since Ron brought that up, since we’re going to use federal money, we have to follow all of the regulations that is required if you use federal money. For example, the selection of the consultant has to go through whatever that the federal requires.

Commissioner Melcher: Where does John Stoll fit in in this?

Seyed Shokouhzadeh: He’s sitting all the way in the back.

Ron London: John would be—

Commissioner Melcher: I knew that, because that’s why I thought, well—

Ron London: John would be a part of this.

Commissioner Melcher: He needs to be a part of this.

Ron London: Yeah, we want to make sure that we have a good group, once we decide on a contractor, who we’re going to use to put a good group together. We want USI involved, we want, you know, West Side Improvement Association, we want everybody to be involved out in that area, in that community to be involved in this process. So, we want to make it as open as possible, and make sure that we come up with a good plan for the area.

Seyed Shokouhzadeh: With John being involved with the process, putting the—

Commissioner Melcher: No, I understand, but see, we’re not saying that here, that’s why I’m saying that.

Ron London: Sure.

Commissioner Melcher: We need John involved.

Ron London: Yeah, and he was involved in the original scope that we sent out to these contractors to get this, just to get this rough estimate, so, we had an idea of the cost.

Seyed Shokouhzadeh: Right.

Commissioner Kiefer: So, would the corridor study, which I’ve been in favor of, and , you know, in support of for a long time, but would that also include a traffic impact study, if certain things were built along the corridor?

Seyed Shokouhzadeh: You mean require a traffic impact study?

Commissioner Kiefer: No, I’m asking will this include some kind of, you know, obviously, your corridor study is going to identify, you know, in the future, you know, potential type uses, you know, it might be commercial, it might be, I don’t know what they’re going to come up with. Will it also identify the impact, the traffic impact on University Parkway, is what I’m asking?


Seyed Shokouhzadeh: Yes, yes.

Commissioner Kiefer: Okay.

Seyed Shokouhzadeh: And, it’s going to layout a network, a non-motorized network also, and try to limit the access to the Parkway.

Commissioner Kiefer: Okay. Okay, I just, because I know that was always a big concern is, you know, how will traffic be, you know, how will it affect traffic? So, that’s why I was wanting to make sure.

Ron London: Sure.

Seyed Shokouhzadeh: Yes.

Commissioner Kiefer: So, then, that way in the future, especially from a developer viewpoint. We come out with this study, somebody comes out and says, this is what you guys call for, this is what we want to do, then we don’t have a big fight later, like, oh, no, you can’t—

Ron London: Exactly, we want to plan ahead of time.

Commissioner Kiefer: Right.

Ron London: Like, we, a lot of times it feels like we’re doing things on the back end.

Commissioner Kiefer: Right.

Ron London: We want to try and do this on the front end so everybody understands what the expectations are whenever they come out along that corridor, of what they’re expected to do.

Commissioner Kiefer: Okay, great.

Ron London: So, that’s exactly why we want to do this.

Commissioner Kiefer: Sure.

Commissioner Melcher: So, we’re wanting, we were talking for a long time now, VIP Park is filling up, so, we need another one. So, we’ve been looking at that west side route.

Ron London: And we have it in the—

Commissioner Melcher: For clean technology, and maybe even go in with USI, because USI and Vanderburgh County Technology Park.

Ron London: We have that in our Comp Plan also, that’s where this came from. This was one of the main initiatives in the Comp Plan—

Commissioner Melcher: Well, I know, I just want it on the record tonight that that’s part of it.

Ron London: Absolutely.

Commissioner Melcher: The other thing I want to make sure is on the record, I don’t know where this is going to go, but is the ingress and egress where they’re going into the college, and the Parkway, because we’re lining cars, we’re lining cars up almost back to Diamond sometimes, and we shouldn’t be doing that.

Ron London: I believe that the University itself and the Highway, I think it’s State Road 66, the Lloyd Expressway, I believe that study is already being undertaken right now.

Seyed Shokouhzadeh: Yeah, as you remember, MPO and INDOT are partnering to do a study from Posey County line all the way to 261 and 62, that interchange is one of them to be looked at.

Commissioner Melcher: Well, you know, the farmers got their big tractors up there, and they are just backing up more, because the traffic doesn’t stop going into the college.


Seyed Shokouhzadeh: Yes, we’re asking them to come up with some kind of a solution for that interchange.

Commissioner Melcher: Okay, well, keep us informed on that.

Seyed Shokouhzadeh: Oh, absolutely.

Ron London: So, basically, we’re just asking you tonight if we can move forward with this, we’ll put out an RFP.

Commissioner Kiefer: I would like to make the motion that you do move forward with it and seek, put together an RFP.

Commissioner Melcher: I guess, I’ll second it again, since you’re jumping out so quick here.

Commissioner Kiefer: I’m sorry.

Commissioner Melcher: Alright, I’ll second it.

President Ungethiem: We have been discussing this, and I think we’ve found money available to take care of this. I wanted a clarification, this will probably be 2017 money, that we’re talking about here, because it will take that long to get up and operational for that. So, but, I think, we’ve had discussions about that, and I think the money is available. So, we’ve got a motion and a second. All those in favor signify by saying aye.

All Commissioners: Aye.

President Ungethiem: Opposed?


President Ungethiem: Please proceed.

Ron London: Alright, thank you very much.

Seyed Shokouhzadeh: Thank you.

President Ungethiem: Alright.

Permission to Advertise: VC-21-1300-16: Coliseum Tuck Pointing, Masonry Cleaning & Concrete Replacement

President Ungethiem: Next item on the list is permission to advertise VC-21-1300-16, Coliseum tuck pointing, masonry cleaning and concrete replacement bids. Kristin, do you want to fill in the details?

Kristin Comer: We’ve recently completed an assessment of the structure, and we have a report on that, and this is just requesting permission to seek bids on the work that needs to be done.

Commissioner Kiefer: I would just like to comment, because, I know Commissioner Melcher as well has been part of this, but this is something critical that is needed. The tuck pointing, as you know, being an engineer, I mean, if that fails and you start having moisture problems further than what we already have, then the whole building could be in jeopardy. So, this is a critical need that I think has to be accomplished. I’m very much in favor of it. I will actually wait for Commissioner Melcher to make the motion.

Commissioner Melcher: I was going to jump out. Well, thank you. No, I agree, and what a lot of people don’t understand, it might be what it is, but it’s a war memorial, and that’s the way I see it. I see it as a war memorial, not really the Coliseum. If you look on it, that’s what it says. So, that’s why I’ve been very supportive of this. So, I will make this motion, that Joe let me, to say, to approve it.

Commissioner Kiefer: I will second that.

Commissioner Melcher: Thank you.


President Ungethiem: I have a motion and a second. Any other discussion? Roll call please.


Commissioner Kiefer: Gladly. Love seeing us take care of these old historic buildings, which, I think, add a lot of value to our community. So, I vote yes.


Commissioner Melcher: Second. Yes.


President Ungethiem: Yes, and that is approved 3-0.


President Ungethiem: Kristin, please get the bids set up, and let us know who the selection is.

Joe Harrison, Jr.: Those will come before you on the 6th.

President Ungethiem: On the 6th of?

Joe Harrison, Jr.: Bids will be submitted by the 6th, and opened on the 6th of September.

President Ungethiem: Okay. Very good.

Resolution Transferring Properties to the City of Evansville & (7) Quitclaim Deeds for 177 Properties

President Ungethiem: Next item is resolution transferring properties to the City of Evansville. This is deeds transferring properties from the Treasurer in Vanderburgh County to the City of Evansville.

Kelley Coures: Good afternoon.

President Ungethiem: Kelley is here to talk about this.

Kelley Coures: Good afternoon. Thank you. Number one, I want to thank the Commissioners for the level of collaboration that you’ve given myself, my staff through this whole process. This is a group of 177. We know there are 99 of theses that have structures, and we’re pretty sure that all of them will need to be demolished in this group. We’ve identified, there were 13 structures, 15 structures in the last group that you gave us, and all 15 we’re going to have to demolish. We should have those out to bid by the end of this month. So, we will, I will certainly, and I’ve decided to have a BYOH party at the first one that the Land Bank, Bring Your Own Hammer. So, the Commissioners will be welcome to come and take a whack at the first house that the Land Bank tears down. It will be a house in Jacobsville, one of the properties that you deeded to us last time. I understand that the Tax Sale list comes out this week for the next Tax Sale, and the numbers are down considerably from the last time. I think a lot of the credit goes to Bruce Ungethiem, and to Brian, who came up with the idea of sending a second letter to people who are delinquent. I think that was absolutely brilliant, but also the number of properties that you’re deeding to us. So, the goal is, in the next four years we see that number get smaller and smaller and smaller. But, I can tell you that not only the Tax Sale properties are in line for the Land Band, we’ve received over 100 inquiries from people, both, half wanting to acquire side lots for their homes, where they know there’s a dilapidated house next door, but also half people who own houses that they simply can’t take care of anymore, but they know they need to be demolished and they want to either sell or donate to the Land Bank. So, I think the collaboration between the city and the county to make this happen, the City Council and the County Commissioners and your willingness to cooperate has just been tremendous. I appreciate it. I’ll invite you to our BYOH party.

Commissioner Melcher: So, we’re bringing our own hammers?


Kelley Coures: Bring your own hammer. Yeah, I can’t provide you a hammer.

President Ungethiem: And insurance.

Commissioner Melcher: And insurance? And a hard hat.

Kelley Coures: We appreciate it. It’s good for the neighborhoods. It’s good for people who are looking to increase their homestead with maybe a side yard. It’s good for our developers to create more affordable housing, but it’s that collaboration that’s really important, and I thank you.

Commissioner Melcher: Well, be sure to get us the invitation ahead of time.

Kelley Coures: Oh, I will, I will. I wouldn’t do that.

President Ungethiem: Okay, I would entertain a motion.

Commissioner Kiefer: I’ll make the motion to approve. I was pausing for my fellow Commissioner.

Commissioner Melcher: I understand. I know how to say second.

President Ungethiem: We have a motion and a second. Any other questions? Roll call please.


Commissioner Kiefer: Glad to. I mean, I think this is a great collaboration, and a good program, and appreciate the work you’re doing. Yes.




President Ungethiem: Yes, and it is approved 3-0.


Kelley Coures: Thanks again.

President Ungethiem: Thank you.


Computer Services: ANCS Agreement Extension Health Dept.: Orr Environmental Solutions Agreement

Health Dept.: VU Student Nursing Affiliation Agreement Health Dept.: Walgreen’s Off-Site Clinic Agreement (Flu Shots)

President Ungethiem: Next on the action items is contracts and agreements and leases. This is a Computer Services extension agreement with Advanced Network and Computer Services. Mark Uhrin is here to give us the details.

Mark Uhrin: Thank you, Mr. President, members of the Board. You have before you an extension agreement with our current Computer Services support provider, ANCS. The extension is for five years. It will save us in excess of half a million dollars between the city and the county by executing this agreement.

Commissioner Melcher: So, everybody involved is agreeable with this?

Mark Uhrin: Yes. Yes, in fact, you approved the memorandum of understanding last meeting, I believe it was, that set the terms for the extension. So, this is just formalizing the extension, under those terms.

Commissioner Melcher: Okay.


President Ungethiem: The one thing that I did notice is that the payment terms have not been adjusted yet. We are in negotiation with the City of Evansville over those payment terms. Those terms will be adjusted, based on usage. I assume that that will happen sometime in the—

Joe Harrison, Jr.: It’s going to happen relatively soon. What we’ll end up having is a new, or a revised interlocal agreement that will set forth the percentages. There’s some other language, I think, we may have that we’ll try to, some other things that we need to address in the interlocal agreement as well. That will be worked on, but I had discussions with city representatives, and they’re agreeable to a new percentage.

President Ungethiem: Okay. Joe, Steve, any other comments?

Commissioner Melcher: No.

President Ungethiem: Any comments from the audience? I would entertain a motion to approve.

Commissioner Melcher: So moved.

Commissioner Kiefer: Second.

President Ungethiem: We have a motion and a second. Just for everybody’s understanding, this new agreement, can we share the details of that new percentage?

Joe Harrison, Jr.: Sure.

President Ungethiem: The percentage currently is 54/46 city to county. The new percentage, based on usage and based on ticket counts, and based on a number of different things, is 60/40. That’s a swing of six percentage points to the city side and away from the county side. That will net in the county’s favor in next year’s budget around $148,000. So, just wanted to let everybody understand what’s happening there.

Joe Harrison, Jr.: Starting next year.

President Ungethiem: Starting next year.

Commissioner Kiefer: Another example of savings coming out of here.

Commissioner Melcher: I don’t know where these numbers, we’ve got to get a total of these numbers.

Commissioner Kiefer: I mean, every single meeting we’ve been saving money. So, I think we’re on a good roll.

President Ungethiem: Okay, we have a motion and a second. Roll call please.






President Ungethiem: Yes. Thank you for all of your hard work, Mark.


Mark Uhrin: Thank you.

President Ungethiem: The next item is the Health Department, contract with Orr Environmental Solutions, LLC. Joe is here to give us the details.

Joe Gries: Good afternoon. Joe Gries, Vanderburgh County Health Department. This contract is the same that was approved by the Commissioners the previous year. This


company will help us with our Preparedness Grant, doing work to make sure that we’re following all of the guidelines within the grant.

President Ungethiem: Questions?

Commissioner Melcher: No, move to approve.

Commissioner Kiefer: I’ll second it and just make a comment, you know, I was fortunate enough to get a tour of the, another tour of the Health Department, and these guys do a great job for our community, and they have a lot, I think people have a lot to be thankful for. I appreciate Dr. Spear and Joe Gries, the work they do at the Health Department, and all of your employees in getting these grant agreements. It’s a lot of extra work, but I think we’re one of the better ones. We’re one of the better Health Departments at getting these. So, I just wanted to commend you and thank you.

Joe Gries: Thank you.

Commissioner Kiefer: So, with that, I do second it.

President Ungethiem: Okay. We have a motion and a second. Any comments? Roll call please.








President Ungethiem: Joe, you have two more.

Joe Gries: Yes. Which one is next?

President Ungethiem: Vincennes University nursing clinical affiliation agreement.

Joe Gries: Alright, this is an agreement that we’ve had with Vincennes University for quite some time. In the past, the length of the agreement extended out three, maybe even, three years, maybe even a little bit further. We’re taking this, changing the terms to where this will basically be revisited each year, so that we can ascertain if the program is still working for Vincennes and for us as well. So, I just wanted to limit that a little bit, but this is still a good program. The nursing students come and shadow some of our Public Health Nurses and gain that experience.

President Ungethiem: Okay. Questions?

Commissioner Kiefer: None. I’ll make a motion to approve.


President Ungethiem: We have a motion and a second. Any other comments? Roll call.






President Ungethiem: Yes, and that is approved 3-0.



President Ungethiem: The last item is flu shot agreement for County Health Department employees.

Joe Gries: Yes, this is an agreement with Walgreen’s to handle a clinic for the staff at the Health Department. The board requires that each year the staff at the Health Department be immunized against the flu. So, we’re contracting with Walgreen’s. It doesn’t cost the county anything. The county insurance will actually pay the fees here for this. We’re also, maybe just to give you a little heads up, looking to do something for the entire population for the county. I mean, I’m sorry, county government I should say, not the whole entire county.

President Ungethiem: That would be a big step.

Commissioner Melcher: A big stretch.

Joe Gries: Yeah, through our insurance with the county, each employee can go and get a flu shot each year. So, we’re going to send out a survey, with your approval, to all county employees to see what the need and the want would be, so that we then could get those who are interested immunized as well.


Joe Gries: So, again, the Anthem Insurance covers that. So, we thought, we have some expertise in this area, we would kind of take the lead and see what we can get done.

President Ungethiem: Any questions? I’ll entertain a motion.



President Ungethiem: We have a motion and a second. Any other discussion? Seeing none. Roll call please.






President Ungethiem: Yes, it is approved 3-0.


Joe Gries: Thank you. Just a quick note, we actually have two grants that we’re waiting to hear about. Two fairly large grants, totaling a total of about $11 million. So, we’re hoping we’re successful in the applications there. So, if we are, we’ll be coming back and letting you know and getting those agreements assigned as well.


Commissioner Melcher: Are those new grants?

Joe Gries: They are new grants, yes.

President Ungethiem: I have a question of public health nature. Obviously everybody’s been hearing about Zika Virus. Can you give us any kind of update of where we are in Vanderburgh County with regard to that? Maybe it’s too early to say.

Joe Gries: Well, that part of the Health Department I haven’t been given a lot of instruction on, as of yet. So, I don’t want to misspeak, but I will ask our Vector Control Supervisor to send you information about that, and then we can, it’s up on our website, if you call the Health Department there’s also something on our phone line that describes information


about the Zika Virus. I don’t believe we have, I’m pretty sure anything here, but, again, I don’t want to misspeak there. So, but, I will make sure we get the information to you.

President Ungethiem: Okay, I just didn’t know if there were any kind of preventative measures that we needed to be considering as a part of this.

Joe Gries: I’ll ask them to provide that information.


Joe Gries: Yes, thank you.

President Ungethiem: Very good. Thanks, Joe.

County Engineer

President Ungethiem: Okay, we move on to department head reports. John, do you want to lead off?

Commissioner Melcher: Is he the only one here?

President Ungethiem: It looks like it.

John Stoll: I’ve got just a couple of things this evening. The first is the cover sheet for the revised Maryland Street Bridge plans. We had to make some design revisions on that. They were completed by Lochmueller Group, and need the Commissioners signatures on the cover sheet for the final version of the plans.

President Ungethiem: Do you need that approved, or do you just need our signature?

Joe Harrison, Jr.: Both.

President Ungethiem: Both? Okay.

Commissioner Melcher: I’ll make the motion to approve it.


President Ungethiem: I have a motion and a second to approve the modifications. Any other comments? Roll call.






President Ungethiem: Yes.


John Stoll: Also, on that project there are three change orders that were late additions to the consent agenda. I just want to make you aware of that. I know you already know they are there, but I just wanted to call that out. Then, the only other thing I had was, at the last meeting we were talking about the INDOT Community Crossings Grants. I did submit six applications. They did total over a million dollars, as far as, since that was the maximum that we could request. The request went in for the paving of St. Joe Avenue, the replacement of a bridge on St. Joe Avenue, repaving Red Bank Road, the County Highway Department’s work on Schutte Road and their work on Waterworks Road, and then for concrete repairs on Daisy Lane. I’ve got all of the letters for the record here. There was just one additional application that was filed based on what we discussed last meeting.


President Ungethiem: Do you have any idea, or have you heard any information about when we would hear back about whether those are accepted?

John Stoll: It’s supposed to be by the end of August, but nothing specific yet.

President Ungethiem: By the end of August? Okay. So, we would be, if that is true, and we get approval by the end of August, we can still do some of this work this year?

John Stoll: Potentially, yes.


John Stoll: The bridge project would definitely carry into next year, but we already have the Daisy Lane contract awarded, so that would obviously get finished. Then, we would still have a chance to get the milling and resurfacing of St. Joe, between Allen’s and Mill done as well.

President Ungethiem: Okay, and you forgot one important item about the bridge. The opening date.

John Stoll: Oh, September 19th. Hopefully, it will be sooner than that, but that’s what the current schedules call for.

President Ungethiem: Maryland Street, what did I say?

Joe Harrison, Jr.: You said the bridge.

President Ungethiem: Oh, yes, the Maryland Street Bridge, with all of the issues that we’ve had and delays that we’ve had, we’re still what, less than a month behind in terms of getting that open and operational for the public?

Commissioner Kiefer: Before the Fall Festival.

President Ungethiem: Before the Fall Festival. John, you did a very good job keeping that project on schedule.

John Stoll: Thanks.

President Ungethiem: Thank you. Any other department heads?

New Business/Old Business

President Ungethiem: Any new business? Any old business?

Public Comment

President Ungethiem: Any public comment for this committee? Seeing none.

Consent Items

President Ungethiem: Madelyn, would you read the consent items please?

Madelyn Grayson: The consent items for the August 9th meeting are as follows: we have approval of the July 19, 2016 meeting minutes and the August 9, 2016 Executive Session summary minutes; employment changes for the Commissioners approval, we have five for the Health Department and two for the County Highway; the County Treasurer has the June 2016 monthly report; the Commissioners have a Paul Angel/Townsquare Media, LLC Tax Sale settlement agreement, and then there are some additional items per the Executive Session earlier today, we have Deig Brothers settlement agreement and change orders number two, number three and number four regarding the Maryland Street Bridge; the Auditor has the approval of July 2016 A/P vouchers, and the submission of Statement of Salaries and Wages for review; the Economic Development Coalition of Southwest Indiana has a June 2016 report; the County Highway has a request to surplus six vehicles; Weights & Measures has a monthly report; the County Engineer has a department head report, pay request number 17 for the U.S. 41 Expansion for the sum of


$4,758.50, and the approval of appraisal fees for Green River Road, Phase 6, I think there’s 13 of those.

Commissioner Kiefer: I’ll make a motion to approve the consent items.


President Ungethiem: A motion and a second. Any further comments? Roll call please.






President Ungethiem: Yes.


First Reading of Rezoning Ordinance VC-6-2016 Petitioner: Jeffrey Seng

Address: 4011 Big Cynthiana Road Request: Change from C-4 to R-1

Action: Approved 3-0 to Forward on to APC

President Ungethiem: Now we move into the rezoning portion of the meeting. The first rezoning item is a first reading of rezoning ordinance VC-6-2016. The petitioner is Jeffrey Seng, the address is 4011 Big Cynthiana Road, and it’s a request to change from C-4 to R-1. This is a first reading, which will mean that it will go to Area Plan, probably next month, next month’s meeting. Any questions on this?

Commissioner Kiefer: No, but since this is only the first reading, I’ll make the motion to send this to APC, and then, of course, we’ll have all the big public discussion when it comes back.

Commissioner Melcher: I’ll second it.

President Ungethiem: We have a motion and a second. Any discussion? Roll call please.






President Ungethiem: Yes, and it is approved 3-0, and will go to Area Plan Commission.



Final Reading of Rezoning Ordinance VC-4-2016 Petitioner: Haas Development, Inc.

Address: N. Eichoff Road & 8323, 8333 & 8343 Blessing Way Request: Change from Ag to R-3

Action: Approved 3-0

President Ungethiem: The second item is a final reading of rezoning ordinance VC-4-2016. The petitioner is Haas Development, Incorporated. The address is 8323, 8333 & 8343 Blessing Road.1 The request is a change from Ag to R-3. Please proceed.

Janet Greenwell: Okay, Janet Greenwell with the Area Plan Commission. The first one that we’re bringing tonight is VC-4-2016, and it’s for the replatted lots in Hartman Crossing Subdivision, and a 4.5, roughly 4.56-acre site to the north. They’re requesting to rezone to R-3 with a plan to build, I believe, two condominiums on the three platted lots, put a road through to the landlocked parcel to the north, and build ten additional duplex condominiums. It was heard at the July 14th Area Plan Commission, and it was recommended for approval with nine affirmative and zero negative votes and one abstention. The land is going to have to be replatted, because there is no legal access to the landlocked parcel. So, the three lots and the landlocked, the four-acre parcel will all be replatted before it will be developable. I will say, at last month’s meeting, the petitioner provided some typical pictures of what the housing would look like. I went ahead and incorporated them into my Power Point program, so you can see what the petitioner says that they are going to build there.

Commissioner Kiefer: I have a question. Janet, so that type of structure here, that’s required to be R-3?

Janet Greenwell: The R-3 is required because you have multiple dwellings on one parcel.

Commissioner Kiefer: Oh, I gotcha. It’s not in a platted subdivision?

Janet Greenwell: Right.


Janet Greenwell: They’re not platting it out.

Commissioner Kiefer: Okay. Great, thank you.

President Ungethiem: So, you have multiple condominium type, or duplex on one?

Janet Greenwell: Right, the way the code is written, the only thing allowed in an Agricultural District is one house on one lot. In an R-2 District, it’s one house or one duplex on one lot. In the R-3 that restriction goes away about being on one lot. You could have multiple residential buildings on one single lot.


Commissioner Kiefer: Okay. Thank you.

Joe Harrison, Jr.: All those who wish to speak on this petition please raise your right hand. Do you swear, affirm the testimony you’re about to give is true and accurate, so help you God?

Krista Lockyear: I do.

Joe Harrison, Jr.: Thank you.

Krista Lockyear: Good afternoon, President Ungethiem, members of the County Commission. Krista Lockyear on behalf of Haas Development, Incorporated. My clients are here with me if you’ve got any questions particular for them. Principally, Tom Haas is

1 Should be Blessing Way and North Eichoff.


here with me tonight. The Haas family has done a lot of development in this area. In fact, the subdivision, the three lots that are being replatted to incorporate into this development was a subdivision that they have developed, Heartland Ridge. They are actually adding these condominiums to be a third phase of two prior condominium phases that they have developed, called Wolf Creek Village and Wolf Creek Village II, that as you can see on the overhead, that staff is pointing out, will end up kind of flowing right into this Phase III. The design of these buildings are exactly the same as those first two phases of condominiums went. Wonderful thing that happened to my clients, they got these condominiums built and there was more demand for them. So, started looking for some additional land, in addition to those plots that they already have, and were able to enter into a contract with Mrs. Carol Kissinger. It’s contingent on the rezoning. Ultimately, Mrs. Kissinger herself is going to move into one of these condominiums, then she’s got a residence that will remain and be sold once the rest of the condominiums are developed. Price point on these are $250,000-$300,000 range, so they’re in real good conformity with the adjacent properties. We did have a few folks that came up, predominantly with questions. I’m not going to say, they came forward during the remonstrating session. Most of them had questions about what the development would look like? What buffers would be like? My clients, Tom and Greg Hass, have met with most of those folks. So, my understanding is that most of the neighborhood, neighbors, we believe, are satisfied with what this development will look like. The residential upgrade, again, is in conformity with your code. Adjacent R-3 developments that my client has already developed are right there, and we would ask for your approval for this rezoning. I would be happy to answer any questions.


Commissioner Kiefer: Are these, will these be on sewer?

Krista Lockyear: Yes, they will.

Commissioner Kiefer: Okay, I thought maybe they would be, because, they look like the subdivision had small enough lots below it. So, I thought maybe it was, but I was curious.

President Ungethiem: Thank you. Anyone else to speak on this? Come forward, state your name.

Tom Garrett: My name is Tom Garrett. I live at 8400 Hogue Road. I’m north of the property that’s proposed for this, and I was unable to attend the last meeting, for reasons outside of my control. Some of the questions I would guess I have, I don’t know if this is the proper time, if this is just for the rezoning, but some of the questions I have as far as in pertaining to the code, in the length of the cul-de-sac. How far it’s going to go up to coming to the property line? The question of pulling out dirt in order to bring it down to build the swale. In doing that, how close can that be to my property line in taking us straight down bank and pulling that out and changing the topography. So, the buffers that was spoke at the last meeting, I think I’m the one that probably has the trees that could be affected. I briefly spoke Sunday, and maybe not clear of exactly what’s going to happen there. I feel like maybe it could be a little bit too close to the property, and there should be a standoff. So, a lot of questions that I still have, but I think should be considered for this, the percentage of land to the buildings, several questions.


Commissioner Kiefer: Well, first of all, to answer your one question, this is the perfect, this is always the perfect time to come. Anytime you appear before the Commissioners is good, and we appreciate you taking the time to come down. I believe, probably a lot of his concerns might be addressed at the, when they do the subdivision approval and that process. So, but, I mean, we always want to hear concerns anytime.

Tom Garrett: I actually didn’t know if it was—

Commissioner Kiefer: Yeah, and Krista Lockyear may be able to answer some of the questions as well.

Tom Garrett: Thank you.


Commissioner Melcher: Stay up close, because it might go back and forth.

Tom Haas: Yes, my name is Tom Haas. I’m one of the developers of the property. As far as his concern with that property, he does have some trees up along those lines. We’re not exactly sure where the property lines are at this moment. He indicated earlier, when I talked to him on Sunday, that he was going to mark, have that property line marked. So, before, whether it’s going to affect his trees or not, I cannot speak to that right now, but I have talked to other property owners and indicated that we would be willing to work with them, in order to plant some other trees, you know, as we’re, after we’ve done our dirt work and that kind of thing. So, I think it’s something that can be addressed.

President Ungethiem: Okay. You had a question about the length of the cul-de-sac, Janet, was that discussed?

Tom Haas: I can speak to some of that, because that was brought up at the last meeting, and I called Blaine Oliver the following day, and he indicated to me that by his calculations, he measured it and we’re, however they measure that, and you would have to talk to Blaine, he indicated, he thought that was a 900 foot, which was under the 1,200-foot maximum.

Krista Lockyear: Again, Krista Lockyear, we would be happy to, throughout this process, meet with that neighbor as well. Obviously, it sounds like we’re going to have to stake the property line to figure out who’s trees get saved, etcetera. Maybe going back to the original question, I mean, we need to be able, we would like to be able to move forward on the rezoning for development plans and timing. My clients are fortunate enough to have several people that do want these condominium units, but, as you well know, the rezoning is really kind of only the first step in the design process. We’ve got to get those boundary lines established, we’ll have to come back through Plan Commission with the replat on those lots, and can, potentially, at that point, have conditions if we still have additional concerns with the neighbor. Again, I mentioned at the Area Plan Commission meeting, and here briefly, the Haas’ have done many, many developments, have many satisfied customers. They rely on word of mouth, and so, certainly, they will do everything they can, and I’ve seen them, through the years, working very well with their neighbors, and I’m sure they’ll do so. We’ll have the subdivision process, as well as site review and subdivision review process. So, we can certainly keep in contact with the neighbor, and as we establish that lot line.

Commissioner Melcher: Well, that’s what I was going to ask, you’re going to stay in contact with them?

Krista Lockyear: Certainly.

Commissioner Melcher: Do you have a business card or something you could give them?

Tom Garrett: Yes. (Inaudible. Not at microphone.)

Commissioner Melcher: Okay. A lot of times that works better when everybody knows what’s going on.

President Ungethiem: Now, Krista, correct me if I’m wrong, this rezoning that we’re discussing here is just the three lots in, on Blessing Way, not the larger lot where the big, where all of the majority of the buildings are going to occur?

Krista Lockyear: No, it includes—

Commissioner Kiefer: It’s everything.

Krista Lockyear: --the entire area.

President Ungethiem: Okay, so, it’s all four?

Krista Lockyear: Correct, there are three lots, and then one, roughly four some odd acre meets and bounds description.

President Ungethiem: Okay, so it’s all four of them?

Krista Lockyear: Correct, it’s 5.64 acres, on the meets and bounds.


President Ungethiem: Okay. Other questions?

Commissioner Kiefer: No, I think this looks like good use for this type of property. There are to be a lot of questions down the road, I’m sure, drainage and the subdivision approval process. So, there will be other things that they’ll have to address, but as far as the zoning goes, I’m comfortable making a motion to approve this final reading of this rezoning.

Commissioner Melcher: I agree. I just want you to keep in contact with the neighbors.

Krista Lockyear: Absolutely.

Commissioner Melcher: Because, if I get a call from the neighbor, then I have to call you, now we’re in a war, and we don’t want to be in a war.

Krista Lockyear: Sure.

Commissioner Melcher: We need to help everybody. So, I’ll second the motion, going on about what you said you guys would do.

President Ungethiem: Okay, we have a motion and a second. Any other comments? Madelyn, roll call please.








Krista Lockyear: Thank you.

President Ungethiem: Thank you.

Final Reading of Rezoning Ordinance VC-3-2016 with 2nd Amended UDC Petitioner: Mohan Reddyreddy

Address: 13 S. & 19 S. Red Bank Road Request: Change from Ag-C-2 with 2nd Amended UDC

Action: Approved 3-0

Final Reading of Rezoning Ordinance VC-5-2016 with Amended UDC Petitioner: Mohan Reddyreddy Address: 1 S. Red Bank Road

Request: Change from Ag to C-2 with Amended UDC

President Ungethiem: The next item on the list is the final reading of rezoning ordinance VC-3-2016 with second amended UDC. The petitioner is Mohan Reddyreddy, the address is 13 S. & 19 S. Red Bank Road. The request is to change from Ag to C-2 with a second amended UDC. We went backwards on this last one. So, let’s do this in the right order. I would entertain a motion to approve, and then a second, and then we’ll go to opening remarks.

Commissioner Kiefer: I’ll make the motion to approve.


President Ungethiem: We have a motion and a second. Now, Janet, opening comments.

Janet Greenwell: Well, I’m happy to hear that you combined the two, because the overall project includes all three of the parcels. VC-3-2016 and VC-5-2016, being heard together, comprise a total area of like four and a half acres, rather than the two-and-a-half-acre


piece and a two-acre piece. The Plan Commission heard the first one, VC-3 in June, June 9th, and recommended approval with eight affirmative votes and four negative votes, but approved it only with some conditions. They put conditions on about a tree buffer, conditions about improving Red Bank Road to the northern property line of the parcel, that’s the 13 & 19. After the Plan Commission put the conditions on, the petitioner did file that first amended use and development commitment, and asked to continue with the County Commissioners, to hear the two petitions together, because in the meantime they had filed a petition, the VC-5-2016, the two-acre parcel at 1 S. Red Bank Road. With the three together, they submitted an amended site plan, that’s the two parcels. They submitted an amended site plan that showed a row of trees, improvements, widening of Red Bank Road up to the entrance of the proposed hotel, and tapering it out. Mr. Morley promised that he would do it according to whatever John Stoll says. I believe that there was some question on the taper being long enough, and the UDC really doesn’t address that, but I’m sure that Mr. Morley is a man of his word, and he’ll do whatever the MPO standards manual calls for and John Stoll is going to require. They also have included a dedication of right-of-way for Red Bank Road to be widened in the future, across the front of all of the properties, both 13, 19 and 1 S. Red Bank. It’s hard to kind of separate them out, because it is all now one proposed project. That’s really about all I have, other than that the 1 S. Red Bank came to Plan Commission July 14th, and was recommended approval seven to one. I think there was one negative vote. Mr. Morley did file a use and development commitment. I should say Mr. Reddyreddy filed a use and development commitment on each, the second amended on the first one, and an amended on the second petition. They pretty much match each other. I know that they talked with the neighbors, they wanted, they decided on doing a double row of staggered trees, filling in to buffer the property to the north. That is reflected in the new use and development commitment. That’s about all I’ve got.

President Ungethiem: Okay. Thank you.

Janet Greenwell: Do you have any questions?

President Ungethiem: Joe had mentioned to me that although these are two separate, this one and the next one are two separate rezoning ordinances, we’ll hear them together, we’ll vote on them separately. So, we don’t have to go through the routine twice.

Janet Greenwell: Exactly.

President Ungethiem: So, we’ll actually hear both of them at the same time. So, just for the remonstrators of the people that want to talk about this, we’ll talk about them in whole, and then we’ll vote on them separately. Do you have to swear people in?

Joe Harrison, Jr.: Yeah. With regard to both petitions, those who want to speak in connection with both petitions please raise your right hand. Do you swear, affirm the testimony that you are about to give is true and accurate, so help you God?

Jim Morley, Jr.: I do.

Joe Harrison, Jr.: Thank you.

Jim Morley, Jr: Jim Morley, Jr., Morley and Associates, Project Engineer. Originally, this project, or this proposed rezoning is for a hotel project. Originally they were going to see if they could fit the hotel on the first rezoning that came in. The project wouldn’t fit appropriately on just that piece. So, that’s when they approached the adjoining piece of property, the adjoining owner, to see if they would be interested in selling, and they said yes. So, that’s when the second piece got added a month later, so to speak. That’s why they weren’t all filed at the same time. So, now we bring to you both of the rezonings at the same time, to make for one hotel project. By going to the larger piece of property, we’re able to put the hotel on there with a lot more green space and such around it. Based off comments from the Plan Commission, and from staff report, we filed revised use and development commitments. I believe you have a copy of them, but it says that it’s for a hotel project, and we’re granting the right-of-way all the way across the frontage of the property for improvements to Red Bank Road, and we’re putting a double row of trees, basically from the right-of-way line up at Red Bank, back to wherever existing woods are, so that there’s trees all the way along that property line. We didn’t think it made much sense to tear down existing trees and later plant new trees. So, we’re just planting trees


where there’s no trees now. We are improving Red Bank, in accordance with whatever requests John Stoll has, all the way to the Commercial Drive. There was some discussion, at the Area Plan Commission meeting, about possibly taking it beyond there. We, or I should say Mr. Reddyreddy elected to grant the right-of-way all the way across, however, most likely, by the time Red Bank Road gets improved, whatever pavement we put in today, won’t be the pavement that’s needed for the Red Bank Road improvements in the future. I spoke briefly with John Stoll, and he’s here and he could correct me if I’m wrong, but I don’t believe that’s necessarily on the books right now, so to speak. However, you all have, everybody’s driven Red Bank Road, and so, I assume, if the county ever goes in and does a major overhaul of Red Bank Road, pretty much all of the pavement of Red Bank Road will end up getting ripped out and repoured. So, therefore, we didn’t, Mr. Reddyreddy didn’t want to put pavement down, only to see if ripped up in the future, and there was never a benefit to it. Because all of his traffic will be coming from the Lloyd Expressway and will all be turning in, at that Commercial Drive. So, a widening of Red Bank Road, north of the entrance, wouldn’t have any benefit. So, we think we’ve hit most of the checkmarks, and would ask for approval.

President Ungethiem: Any questions?

Commissioner Kiefer: Just, I would like to hear John’s comments on that. I did see an e-mail kind of go back and forth regarding that. My understanding is that, it wouldn’t be a waste to build that lane, because the county’s got no plans to improve the road. So, anyway, but John can comment on that.

John Stoll: That’s correct. There aren’t any plans in the works right now. There’s no funding to facilitate that, and it’s not part of any long range plans, at this point. It’s, I take that back, it may be in the MPO’s long range plan. I didn’t check. It’s been in there off and on in the past. I’m not sure if it’s in there now, because, again, the funding issues. They have to have their long range plans fiscally constrained, and I can’t remember if it’s in there now or not, but we’re obviously not pursuing anything out there right now.

Commissioner Kiefer: Is the lane not necessary as stated? Or is it necessary?

John Stoll: The diagram that was with the use and development commitment does basically match what was discussed at the Plan Commission. I verified that with Ron London. So, that widening is basically what everybody was discussing and were approving. I think there’s going to have to be some minor changes to it, as far as shifting a little bit of the widening to the north. I think it needs to, the island, the painted island that’s out there, proposed to be out there, needs to be shifted a little bit further to the north, but that wouldn’t widen everything all the way to the north property line. It would just be a minor change. In general, I would say it complies with what would be needed.

Commissioner Melcher: Would that happen at site review?

John Stoll: Pardon?

Commissioner Melcher: Would that happen in site review?

John Stoll: Yes. I’ll have to bring the road widening plans to the Commissioners for approval as well.

President Ungethiem: I think maybe the confusing thing here is, if I read Ron London’s report, he says, the recommendation goes forward with approval. The use and development commitment amendment must require the following; applicant must commit to widen Red Bank Road to the north property line; applicant must maintain and establish a tree buffer along the northern property line. So, his note here indicates that the use and development commitment should widen that road all the way to the north property line, but the use and development commitment only widens it to the entrance to where the hotel is. So, there’s a conflict there that I’m trying to understand how we got from one to the other. Can anybody explain that?

John Stoll: I just had the latest use and development commitment. So, I was just comparing what was on the drawing to that, but I didn’t attend the Plan Commission. Maybe Jim could help explain that side of it.


Commissioner Melcher: Ron’s coming.

Jim Morley, Jr.: Guest speaker, Ron London.

President Ungethiem: Maybe Ron can explain.

Ron London: I just happened to stop in, so I’m glad I did. I think what happened was, in the Plan Commission meeting, you know, that whenever we’re doing commitments at the end for certain people to commit to things, before we decide to vote, I think there were some changes, you know, that were made. I believe that the use and development commitments that they supplied that were amended are what was committed to, those changes are now reflected in that amendment.


Ron London: So, the way that that is read is what I believe to be what that final commitment was. That’s the reason why they did the amendment in the commitment. So, I think that they match with what was voted on by Plan Commission.


Commissioner Melcher: So, does that mean that everything’s square?

Commissioner Kiefer: I think the way the law is written is if it’s more restrictive, they don’t have to go back to Area Plan, if the UDC is more restrictive. If it’s less restrictive, then it would have to go back to Area Plan. What you’re saying is, it’s exactly what they committed to?

Ron London: Correct. Since they did the amendment after the Plan Commission meeting, what we asked them to do is to file an amendment for what was agreed to at the Plan…so that whenever it comes to you it’s clear, it’s made into the amendment of exactly how that was voted on at the Plan Commission. So, and I believe that’s what was done with that amendment. So, the way that it reads on there is the way that it should have been voted on at the Plan Commission.


Commissioner Melcher: Okay, I understand that one.

President Ungethiem: Okay. Other questions? Any other comments?

Vote on VC-3-2016 with 2nd Amended UDC

President Ungethiem: Okay, we have a motion and a second on address 13 S. & 19 S. Red Bank to change it from Ag to C-2. We’ll do that one first, and then we’ll have a second motion for 1 S. Red Bank, to change it from Ag to C-2.

Joe Harrison, Jr.: With a second amended UDC.

President Ungethiem: Yes. Jim, anything else you want to add?

Jim Morley, Jr: I think we’re on the same page.


Commissioner Melcher: Quit while you’re ahead, huh? I would too.

President Ungethiem: We have a motion and a second. Any further comments? Roll call please.







President Ungethiem: Yes, and the 13 S. & 19 S. Red Bank are changed from Ag to C-2 with second amended UDC.


Vote on VC-5-2016 with Amended UDC

President Ungethiem: Now, I would entertain a motion for 1 S. Red Bank, change from Ag to C-2 with amended UDC.

Commissioner Kiefer: So moved.


President Ungethiem: We have a motion and a second. Any other comments on this one? Seeing none. Roll call please.






President Ungethiem: Yes, and that is also approved 3-0.


President Ungethiem: Thank you very much for your time and your effort. Please work with John to make sure that we minimize traffic issues out there as we go along. Appreciate the good work.

Jim Morley, Jr: For sure, and we’ll work, like you said, we’ll work with John and whatever he needs we’ll get him what he needs.



Jim Morley, Jr: You all have a good day.

Adjournment

President Ungethiem: Any other items to come before this Board. Seeing none, I would entertain a motion to adjourn.



President Ungethiem: And a second, we are adjourned.

(The meeting was adjourned at 5:14 p.m.)


CONSENT ITEMS:

Commissioners: Approval of the July 19, 2016 Commission Meeting Minutes. Approval of the August 9, 2016 Executive Session Summary Minutes. Paul Angel/Townsquare Media, LLC Tax Sale Settlement Agreement. Deig Bros. Change Orders 2, 3 & 4 & Settlement Agreements: Maryland St. Bridge. Economic Development Coalition of SW Indiana: June 2016 Report. Employment Changes: Health Dept. (5) Co. Hwy. (2) County Clerk (1) DADS (1) Co. Assessor (1) Public Defender (1) Prosecutor (2) Superior Court (2) Circuit Court (3) Legal Aid (5) Sheriff (4) Treasurer: June 2016 Monthly Report. Auditor: Approval of July 2016 A/P Vouchers. Submission of Statement of Salaries & Wages for Review. County Highway: Request to Surplus Six Vehicles. Weights & Measures: Monthly Report. County Engineer: Department Head Report. Pay Request No. 17: U.S. 41 Expansion: $4,758.50. Approval of Appraisal Fees for Green River Road, Phase 6: 13 Parcels. Those in Attendance: Bruce Ungethiem Joe Kiefer Stephen Melcher Brian Gerth Joe Harrison, Jr. Kristin Comer Madelyn Grayson Dave Rector Harry Cochran Andi Miller Seyed Shokouhzadeh Ron London Kelley Coures Mark Uhrin Joe Gries John Stoll Janet Greenwell Krista Lockyear Tom Garrett Tom Haas Jim Morley, Jr. Others Unidentified Members of Media VANDERBURGH COUNTY BOARD OF COMMISSIONERS _____________________________ Bruce Ungethiem, President

_____________________________

Joe Kiefer, Vice President

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Stephen Melcher, Commissioner

(Recorded and transcribed by Madelyn Grayson.)

vanderburgh county board of commissioners august...

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