Vanderburgh County Board of Commissioners Meeting May 4, 1998

Transcription

1 Board of The Board of Commissioners met in session this 4th day of May at 5:30 p.m. in the Commissioners Hearing Room of the Civic Center Complex with President Bettye Lou Jerrel presiding. Introduction and Pledge of Allegiance President Jerrel: I d like to call the Commissioners meeting to order. To begin I would like to introduce you to the people at this speaker s forum. On my right is Tony Greubel, our Administrative Assistant; next to him is Joe Harrison, Jr., our County Attorney; to my right is Commissioner Pat Tuley; the far left, Charlene Timmons, is our Recording Secretary; and next to her is Suzanne Crouch, the County Auditor; and Commissioner Richard Mourdock to my left; and my name is Bettye Lou Jerrel. Would you join us with the Pledge of Allegiance. They keep moving our flag on us. Approval of minutes President Jerrel: Under our action items the first item is the approval of the minutes of the April 27th meeting. Commissioner Mourdock: I ll move approval of those minutes. President Jerrel: I ll say so ordered. Certification of Executive Session President Jerrel: The next item on the agenda is the approval of our Executive Session and we did meet from 5:05 until 5:20 and discussed litigation. I would like to offer a request for a motion. Commissioner Mourdock: I ll so move. Commissioner Tuley: I can t second, I wasn t here. President Jerrel: I ll second and say so ordered. Open bid - VC Old Henderson Road bridge removal and culvert installation President Jerrel: Next on our agenda is Lynn Ellis, the Purchasing Department Director who has some bids for us. Lynn Ellis: Do we have bids for Old Henderson Road? President Jerrel: Yes. Lynn Ellis: Request permission to open bids for Old Henderson Road, VC

2 Pages 2 Commissioner Mourdock: And I ll move approval of that bid. President Jerrel: Okay, so ordered. Extend bid opening - VC , Old Courthouse air conditioning President Jerrel: Now Lynn has some additional information for us. Lynn Ellis: Right, the first item I had originally written up and as it appears in your packet, to extend the bid opening of VC for the air conditioning in the first floor of the Old Courthouse from May 4th to the 11th. However, we re just getting the addendum finished today and I would ask that the Commissioners approve the extension until the 18th as opposed to the 11th to afford the bidders sufficient time to evaluate that addendum. Commissioner Mourdock: Is Faye Gibson aware that you re going-- Lynn Ellis: Yes, yes. Commissioner Mourdock: Okay. I ll move we approve the extension as requested. Award bid - APA007-98, Turf fertilizers and chemicals Lynn Ellis: The next item is to approve the award of bid number APA for turf fertilizers and chemicals. The bidders are listed with the accompanying dollar amounts. The award was based on line item, the low responsive and responsible bidder per line. Commissioner Mourdock: I ll move approval of the award of APA for turf fertilizers and chemicals. President Jerrel: Do you want to read into the record who...? Commissioner Mourdock: Okay, the award going to Caudill Seed Company, Inc. in the amount of $7,497.75; Carso, Inc. $33,997.70; The Scotts Company $18,000.75; Cannon Turf Supply for $94, Award bid - APA022-98, Computer and copy paper Lynn Ellis: The last item, I believe Tony put on your desk this evening is for the computer and copy paper. I apologize for the delay. My computer has been down again.

3 Pages 3 Commissioner Mourdock: Didn t have any paper, right? Lynn Ellis: Well, actually we are very low on paper, so I do need to get this order or we re not going to have any for the Clerk s Office. Commissioner Mourdock: There are three low bidders on this? Three different types of paper or something? Lynn Ellis: Well, there is a...again, this is broken down by the low bidder for each line and they re are the responsive and responsible bidder for those lines. There is a note on the front, however, that I would like to include, too, permission to reevaluate the bids in August. They have all proposed price increases around August of this year that will depend upon prices increased by their supplier, their mills, and I would like permission to reevaluate those bids at that time to ensure that we re still getting the best prices. President Jerrel: So we can award them and then include in the motion that they ll be reevaluated in August? Commissioner Mourdock: Because we re basically accepting them on a unit price basis and we would just cut off the number of units at the time the prices would otherwise be adjusted. Lynn Ellis: Right. Commissioner Mourdock: I ll move that we award the paper contracts to Resource Services, Inc. in the amount of $1,290.07; Unisource $17,044.12; and RIS Paper for $36, with the understanding that County Purchasing has the option to reevaluate those bids in August. Procurement policy procedure changes Lynn Ellis: I m sorry, I have one other thing. I m going to pass along a copy of an overview of the changes to the statute regarding procurement policies to Joe to begin studying. This report was prepared by Ice, Miller, Donadio and I attended a conference last week on those changes. They are significant. There will be a number of ordinances, policy changes, required that the Commissioners will have to adopt by July 1 of this year or the county will no longer be able to make purchases. So it s very serious and there will be some things that have to be handled prior to that date, so I would like permission to pass this on so that he can begin evaluating. Commissioner Mourdock: So moved. Lynn Ellis: Thank you.

4 Pages 4 President Jerrel: Thank you. County Prosecutor - Grant agreements President Jerrel: The next item on the agenda, you have in your packets three criminal institute grant applications that the Prosecutor has submitted and I...he had to have them, but I told him I would like to run them through the meeting, so if we could have a motion to approve submitting these three grants. Commissioner Mourdock: I ll move submitting the three grants and they are number 97- VA-048, Grant 97-VA-053 and Grant 96-ST-038. President Jerrel: And I ll say so ordered. There is matching money there so I needed to call that to your attention. First reading - Amended travel ordinance President Jerrel: The next item is the first reading of our amended travel ordinance. Do you want to make a comment, Mr. Harrison? Joe Harrison, Jr.: Essentially, this ordinance, or amended ordinance, will modify the existing travel ordinance that is in effect here in to be consistent with the changes in Indiana law. Essentially, the per diems are going to be changed and the lodging and the use of personal automobile mileage. I can go through and read if you would like. President Jerrel: We did read these, yes...originally we went through these amounts. Joe Harrison, Jr.: Okay. President Jerrel: And so I think we can just include them in the record if we have a motion to approve. Commissioner Mourdock: I ll move on, and this is first reading, the amended travel ordinance relating to authorization for official travel and reimbursement of travel expenses by the Board of Commissioners of. Commissioner Tuley: I ll second. President Jerrel: And I ll say so ordered. Commissioner Mourdock: I think we need a roll call. President Jerrel: Oh, roll call, okay. Okay, Commissioner Tuley? Commissioner Tuley: Yes. President Jerrel: Commissioner Mourdock? Commissioner Mourdock: Yes.

5 Pages 5 President Jerrel: And I vote yes. Harris Howerton - Community Corrections President Jerrel: I m going to slip something in here very quickly. He has been on our agenda two meetings and was unable to be here and he is here tonight, Harris Howerton, the Director at the Community Corrections. Harris Howerton: Hi, I m Harris Howerton, the Executive Director of the Vanderburgh Correction Complex. I m here to report to you our grant...our annual grant from the Department of Corrections. This is the second biennium, the second year in the biennium, for the state s budget so we were basically told what we would be receiving this year with the exception of $40,000 and I ll tell you about that. The entire grant that we will receive is $395,186. The entire Community Correction s budget being $3,202,416. The grant is matched with user fees that we collect from the offenders on the program to the tune of $1,005,900. The county budget is $1,338,023. The training and education component is $355,000 and the misdemeanor budget is $78,818 for a total of $3,202,416. The components within the Community Correction Complex include the Alcohol and Drug Intensive Supervision Program, the Community Service Restitution Program, the Electronic Monitoring Home Detention Program and the Jobs Program, Inc., which is a training and education component, and, of course, the Work Release Center, the residential. If you...i ve given you all a copy of that grant and I ll entertain any questions that you might have. President Jerrel: We have had this before us a couple of times, but this has been a corrected copy and it was...i did attend the Advisory Board meeting last Thursday and it was reviewed carefully and there was some questions asked at that time but other than the fact that we thought we should have received more money it was accepted. Harris Howerton: I m sorry, I left out the part about the $40,000. Commissioner Tuley: The $40,000. President Jerrel: Okay. Harris Howerton: I had asked for $145,000 to upgrade our computer system and to ask...and to get additional bracelets for the electronic monitoring component. They gave me $40,000. It s not enough to get there, folks. We ll probably have to wait a year and ask for some more money, hold this over, get some more money just to be able to do that. Forty thousand just will not take us there. A little disheartening, to think the $40,000 won t get us somewhere with something, but I can t transfer. It s strictly for capital improvement. Commissioner Mourdock: So the $40,000 will sit there and be added to next year? Harris Howerton: That s my hopes. That s what I think. Commissioner Mourdock: I guess...let me turn that from a question to a statement. I would hate to see us spend the $40,000 on anything if, in fact, we applied for it for this purpose with the hope that next year we would get money added to it, let s use it for what it is designated for. Harris Howerton: I agree. Thank you.

6 Pages 6 President Jerrel: Okay, is there a motion to accept the grant application? Commissioner Mourdock: So moved. Thank you. Harris Howerton: Commissioner Mourdock? Commissioner Mourdock: Uh-huh. Harris Howerton: May I speak quickly on the jail issue? Commissioner Mourdock: Sure. Harris Howerton: I ve got a meeting with Mr. Tim Deisher Wednesday at 3:00 in the afternoon. He and I are going to give a preliminary look over on the bail bond project job classification. After Wednesday I am pretty sure...whenever I do get with Mr. Deisher he always has a little input and kind of spruces things up and I m pretty sure that by Thursday then I can render a copy of the job description and a suggested classification. In other words, we might then know a little bit more about how much money is going to be involved. I m thinking the critical hours needed for the bail bond project will be a total of about 80. Marsha Abell, who has been working with me on this, seems to think we may need a little bit more, but I think to begin with, to get started with, we could try that and see what happens. If it pans out for us, if it seems like it helps our jail overcrowding problem somewhat, then we can reevaluate and go from there. Commissioner Mourdock: Okay, but as of this point the money that Marsha thinks may not go far enough is the one percent of the administration? Harris Howerton: Yes, and I have the figures from January and February on those administrative fees that were collected and I m happy to tell you that I think even with several employees in that component...there was about $18,900 collected-- Commissioner Mourdock: Right. Harris Howerton: --in just those two months. Commissioner Mourdock: Yeah. Harris Howerton: So it s a goodly amount and I think it ought to be earmarked for such purposes. Commissioner Mourdock: The jail problem has got a lot of components, but as we ve talked about here I think that is one thing that can help us to keep the jail attendance down. Okay, thanks, Harris. Harris Howerton: Thank you. President Jerrel: Thank you.

7 Pages 7 Any group or individual wishing to address the Commission President Jerrel: At this time if there is anyone that would like to appear before our group about an issue. I know that Ray Bailey is here to speak to an issue and now is the time, Ray. Raymond Bailey: I noticed on number eight, Daylight sewer discussion is on the agenda. Would you rather I-- President Jerrel: Is that where you have him? Raymond Bailey: If you ll give me a spot on number eight I ll be happy. President Jerrel: Okay, well, you re just fine. We ll come back to you at eight. I thought you were wanting to be here earlier. Let me just say while we are on this anyone that wishes to appear and address the Board I think I m going to take that opportunity to mention that I have met today with Steve Utley and we did have about an hour and a half meeting and he has prepared a list of phases that he would like to begin with general repairs. I ll just read the main ideas and then we ll include this in the record and I would like to have approval. The Building Authority is dealing with the day-to-day maintenance and they have a process they re use and that was is in here as item A, but it is already being done. Item B is the fumigation or the extermination of any insects that might be in the jail and C is the plumbing report and he has a number of people working on this. That all would be under phase one. Phase two would include the heating and ventilation system and may include work on any of the items that are listed below which include the exhaust and supply vent covers, cleaning above some cell areas, duct cleaning and test and balancing. This will have to have a time frame attached to it and at this point it does not because he is waiting for literature on the kinds of vents that might be approved for use in this kind of a facility. Phase three would be the painting which would be last after all of the dirty work is done so that the dust and anything that comes from the cleaning of the duct work wouldn t run the painting. He would first repair any rusty conditions that might be available for repair and he ll do steel replacement if there is need and then the final item would be the cell block painting. I would ask that you take a look at this and then we approve this so he can begin work. Commissioner Mourdock: Do you have a copy, Pat? I did get to look at this just before our meeting began and my only comment would be no plan is a complete plan or even a great plan without a date. Certainly the work that is here needs to be done. I don t have any problem with that, but I think we should ask him, and maybe I ll make a motion to have the President of the Commission send a letter simply asking to clarify the dates with this. Just like everything else we do I think we need to keep track of it to make sure it gets done. I like what he has done here, but I just think it is lacking in that one thing. But with that exception and with the clarification that we ask him for a date, I would move acceptance of this plan. President Jerrel: I ll say so ordered. John Stoll - County Engineer

8 Pages 8 President Jerrel: Okay, moving on, County Engineer. John Stoll: I ve got three sets of street plans this evening. The first one that you have in front of you is Broadlawn Estates, Section 2. This is a subdivision that is located just east of Edinborough Estates. It s the second phase of that subdivision that abuts Edinborough and the traffic from this subdivision will be routed through Edinborough Subdivision. We ve reviewed the street plans and recommend that it be approved. The streets will all be asphalt streets with curb and gutter. Commissioner Mourdock: Is there a sidewalk waiver coming later? John Stoll: On this one I don t believe so. The density and the number of lots, I don t believe they requested a waiver on their first phase of the subdivision, so I don t think we ve got one coming on this one. Commissioner Mourdock: I ll move approval of the street plan for Broadlawn Estates Subdivision, Section 2. John Stoll: The second set of plans is Clear Creek Subdivision, Section II. This is part of that large subdivision that is located off Mount Pleasant Road. I believe it s around 300 and some odd lots. These streets will all be concrete streets with curb and gutter. The plans have been reviewed and it s recommended that they be approved. This phase all still will come off of Mount Pleasant Road. There is no connection out to Old State as of yet. Commissioner Mourdock: These are the streets in this subdivision that are also graded and set up to be the emergency drainage ways in case of flooding, correct? John Stoll: Yes, there are a few spots in there where the...there are a few stretches of road there that are approximately 100 to 200 feet long that are beneath the 100 year flood elevation and that s designed to be the overflow for rainfall events in excess of 100 year storms. Commissioner Mourdock: Some day that will again come before this body, when those streets are flooded even though they are designed to flood as a backup. Commissioner Tuley: Yeah. Commissioner Mourdock: Yeah, this is one that got a lot of interest a couple of years ago. But you are recommending approval? John Stoll: Yes, it does comply with the intent of what was approved through the Drainage Board. Commissioner Mourdock: I ll move approval of the street plan for Clear Creek Villa, Section II.

9 Pages 9 John Stoll: The final set of plans is for Riverwind Pointe Subdivision. The engineer didn t submit a cover sheet for you to sign, so I just need signatures on any one of those sheets. This is the commercial subdivision that is proposed to come off of Green River Road just down by the interchange of 164 and Green River. Here again, the plans have been reviewed and it is recommended that they be approved. President Jerrel: This is the south end? John Stoll: Pardon? Yeah, south end. Commissioner Mourdock: Is this adjacent to Carneal? John Stoll: Yeah, it is directly south of Carneal. Commissioner Mourdock: Okay, I ll move approval. Commissioner Mourdock: Are those two being developed simultaneously or is that just coincidence that they re coming in back to back? John Stoll: I think coincidence. I don t believe there is anything in common between the two developments at this point. It will be next week until I have some data back on Heckel Road bridge. I got a phone call from Beam, Longest & Neff and they were not able to come down last week, so they re planning on doing their inspection of the truss out on the bridge this week, so hopefully next week I can have you some information on what it would cost to rehab the bridge. One other thing, as soon as I get through reviewing the bids that Joe just opened I would like to go ahead and award those. I haven t gone through all the-- President Jerrel: Okay, do you want to go in our...take them in the other room and look at them? John Stoll: I ve gone through one of them. I need to go through one more. President Jerrel: Okay. John Stoll: Then sometime later in the meeting I would just request to come back up here and go ahead and award those bids if that s alright? Commissioner Tuley: John, before you get away, you and I talked Tuesday about Ward Road. John Stoll: Yes. Commissioner Tuley: Can we just discuss it so we have it on record? John Stoll: Yeah. Valerie was estimating she would have everything ready in two to three weeks and that was...when did we talk?

10 Pages 10 Commissioner Tuley: I think it was Tuesday that we talked. John Stoll: So approximately two weeks from now it should be all drawn up and ready to go. Commissioner Mourdock: Okay. I did not get any calls the last few days. It kind of surprised me. President Jerrel: Did you get any when the rain... Commissioner Tuley: He calls me about once every two weeks just to find out what the status is. I mean, he apparently wasn t threatened by water or at least he didn t act like he was, but he just likes to know where we re at. Commissioner Mourdock: Sure. Commissioner Tuley: Thanks. John Stoll: You re welcome. President Jerrel: County Attorney. Joe Harrison, Jr - County Attorney Joe Harrison, Jr.: There were four bids submitted regarding the Old Henderson Road Bridge Number 1544 project. They are as follows: Bidder Amount bid Phoenix Construction Company Evansville, Indiana $80, Deig Bros Lumber & Construction Evansville, Indiana $74, CCC of Evansville, Inc. Evansville, Indiana $71, Koberstein Trucking, Inc. Princeton, Indiana $77, I would ask that you take these under advisement and John may come back with a recommendation before the meeting is over. Commissioner Mourdock: So moved. Joe Harrison, Jr.: The only other matter that I had was that I did have a chance to speak again last week with Christine Terry from the Evansville EPA Office and I have submitted to Richard the proposed changes, and I do have another copy in front of me, that would be made to the county s ozone ordinance. They basically have to do with penalties that

11 Pages 11 would be a little different from what was previously adopted by this Board and at least in looking at it and in speaking with Richard I have in front of me there a copy of the red line ordinance with changes and then additions that would be in gray shaded and it appears that we are on the same wavelength with the city given these minor changes. The city wants to proceed forward with their ordinance if we were comfortable with those particular changes. I would ask that you at least not approve tonight, but unless you have a problem after looking at this in the next couple of days, you know, get back with me. Otherwise, the city will move forward and then we will then consider an amendment to our current ordinance, but I don t want to do that until they go on and pass theirs because they may have another change or two. Commissioner Mourdock: That seems to be the catch as far as...at least what I am hearing from Christine there is kind of a Catch-22. They don t want to do it until we do it. We don t want to do an amendment until they do it. I agree, we don t need to vote on this this evening. I ll report back next week regarding some of the other discussions I have with IDEM. I m meeting with their state meeting on Thursday, I believe, but I would if both of you would review this...i don t think there is anything other than basically some cosmetic things here. I would like to vote on this next week to get this thing moving. Joe Harrison, Jr.: Okay. Commissioner Mourdock: Vote to accept the changes so that our fine structure, our penalty structure matches the city s. Joe Harrison, Jr.: Then we ll go ahead and move forward with an amendment to our ordinance after. Commissioner Mourdock: We can always have amendments later anyway-- Joe Harrison, Jr.: Sure, that s fine. Commissioner Mourdock: --and likely will. President Jerrel: Okay, so we ll have it on the agenda next Monday? Joe Harrison, Jr.: Yes. Commissioner Mourdock: Right. President Jerrel: Okay. Joe Harrison, Jr.: Anything else that you all have of me? I don t have anything else. Okay, thanks. Weekly reports - County Highway Department and Burdette Park President Jerrel: You have in your packet the Garage report for the week. Is there a motion to accept that and also a motion regarding the Burdette Park work statements? Commissioner Mourdock: I ll move acceptance of the Burdette Park work record.

12 Pages 12 Commissioner Mourdock: And I ll move acceptance of the County Garage work record. Superintendent of County Buildings President Jerrel: Superintendent of County Buildings. Tony Greubel: I just want to acknowledge real quick to the Commissioners that our handyman, Bennie Gossar, Jr., worked really hard the last two...on Friday and today distributing tables and chairs to the polling places that require it and he is a really good worker. He doesn t require any real supervision or anything. He knows exactly what he is doing. President Jerrel: Okay, that s good. Maybe we ought to send a letter to Bennie thanking him. I don t think we say that enough and it would probably be a good idea. Commissioner Tuley: That s alright with me. He s been around a long time. He probably doesn t get too many of those. President Jerrel: Well, let s send him a letter. Will you do that? Okay. Consent items President Jerrel: Alright, moving along to the consent items. You have employment changes and travel requests. Is there a motion to approve these? Commissioner Mourdock: There are no amendments to the package late breaking? President Jerrel: No. Commissioner Mourdock: I ll move acceptance then of the consent items. Scheduled meetings President Jerrel: You have your scheduled meeting list. Old business President Jerrel: Now, under old business, Daylight sewer discussion. Commissioner Mourdock: Okay, and please come up. Let me just begin this by saying

13 Pages 13 the reason this is on here as old business is about the middle of April, in fact April 18th, I received, and I think both of you did as well, a petition from some folks out along State Route 57 that raised the question whether or not there would be individual tap-ins to the Daylight sewer project. I mentioned that last week briefly at the meeting and I also mentioned that I would bring it up at our infrastructure working group meeting last Wednesday or Thursday. Just for you in the audience that don t know, our infrastructure working group is a meeting that takes place once a month where we get representatives from the City Engineer, the County Engineer, the County Highway Department, the telephone company, the utilities, the gas company, and all those different people in one room at one time so that we don t pave a stretch of road on Monday only to have the gas company to come through and cut it up on Tuesday to put a line in. It s been working very well, but the very reason that we have that group is because of problems like this that occurred prior to when we started having that group. Much of the discussion on Wednesday was how did this come to pass and what can we do about it? Essentially, gravity is working against us here in that we can t tap in directly to the force main. However, what I did direct that group to do is to find a way to somehow get you folks the ability to tap onto it. This project as originally envisioned was designed, and correct me County Engineer, John Stoll, if I am wrong here, but we do have enough throughput capacity with the line that is being planned. It s just that because it s a forced system we couldn t have individual taps put onto it, so we want to find a way to solve the problem that you brought to our attention. I apologize that this problem wasn t brought to our attention sooner, but your letter came to the right place at the right time so that we could begin to deal with this and we want to find a way to make it work. So with that, Pat, Bettye Lou, I don t know if you have anything to add? President Jerrel: No, I have talked to Ray about it and I m in complete agreement. We built the sewer for a purpose and we want to serve as many of those purposes as we can. Commissioner Mourdock: Yeah. This is also a classic case, a classic case, where the city utility is doing something out in the county and there is not nearly the coordination that we needed to have there. So with that, please state your name for the record if you would. Raymond Bailey: Thank you. My name is Raymond H. Bailey. I live at Highway 57, Evansville, Indiana I m speaking tonight on behalf of all homeowners living on State Road 57 between Kansas Road and Boonville-New Harmony Road. President Jerrel, Mr. Tuley and Mr. Mourdock, Mr. Harrison, ladies and gentlemen, I appreciate the opportunity to appear before you tonight on behalf of our neighborhood and our concern. It has been brought to our attention by the Office of the Indiana Department of Environmental Management in Indianapolis that a permit has been issued and contracts have been awarded to construct a sewer line between Kansas Road and Ruston Lane on Highway 57. It has also been brought to our attention that even though this sewer line will cross each homeowner s property we will not be able to tap into this sewer line. The reason being, as you ve just described, Mr. Mourdock, that this sewer line is a high pressure line therefore we cannot tap into a high pressure line. However, no provisions have been made to run a gravity flow line for us. The 17 homeowners that I speak on behalf of tonight want you to know that we filed a petition for a stay of this sewer project until provisions can be made to include us in this Daylight sewer system project. And as you have already stated, Mr. Mourdock, I did provide copies of that for the Commissioners to Tony in April. I also want you to know that we are not opposed to this project and that we filed this petition with the State of Indiana on the basis that we were affected and aggrieved and by the agency s decision to authorize the construction

14 Pages 14 of this project. We, as homeowners, feel we were deliberately bypassed while this sewer system was in the planning stages as to who would and would not be able to participate in and benefit from this sewer system. Therefore, we as homeowners believe we have been discriminated against because our needs were never considered and a health and environmental problem still exists in our community. Just ask the Department of Health if there is an absorption problem in our community. In conclusion, I want you to know that we asked the State of Indiana for a stay on this project until provisions can be made to include us. Finally, either tonight or maybe Mr. Harrison may want to respond in writing to us, if you respond in writing I ll be happy to get the word to all the neighbors, Mr. Harrison, if you ll send it to me, I want to pose five questions or statements which we would like for you to answer either tonight or later. How is this sewer system being financed? Who is paying for this sewer project or where is the money coming from? Is tax money being used? That s what I am asking there. Why were we deliberately left out of this project when our environmental health problems are as great or even greater than those who will benefit from it? Better yet, tell us how we can be included in this project or better make provisions to, financial and otherwise, to include us in this sewer project and resolve a severe Board of Health and homeowner environmental and health problem in our community. I thank you very much for your time and I ll be happy to respond to any questions that any of you may have. I would like for our homeowners to please stand and let you recognize them, please. President Jerrel: Do you want to answer those questions or do you want me to answer them? Do you know the answers to them? Commissioner Mourdock: Do you want me to take a shot at them? President Jerrel: Do you know the answers? Commissioner Mourdock: I think I know the answers. Thank you for standing. Let me real quickly deal with a couple of your questions and I m going to be the first to say I don t know that I have perfect answers on these which is to say perfectly accurate answers, but I ll tell you as much as I know. Your first question is how is the sewer being financed and the answer to that, obviously, is tax funding. The real critical issue here that illustrates the biggest part of the problem we have is that when this was being initiated much of it was being financed through the Indiana State Department of Commerce and the way their grant request is based or what they determine...let me start over. How they determine how much money they re going to put into a given project is based on the commercial potential for the jobs that were going to be created out at the other end. Obviously, there is a lot of questions that none of us have answers to right now as far as what s going to be at the far end of that line. Nonetheless, much of the, as I said before, the capacity was designed for a lot of growth into it, so I don t think that should be a major problem. Your second question was why were you being left out? Raymond Bailey: No, who is paying for it? You ve already mentioned tax funding. Commissioner Mourdock: Well, that was also the first question, yeah, right. The question on why were they left out, again, it was being...this was where the coordination

15 Pages 15 hasn t worked as it should have because it was being looked at by the Evansville Department of Metropolitan Development in their work with Vision Well, we had the city department working with Vision 2000 trying to bring in jobs and it would appear, appear, that people in the county were being bypassed. It kind of fell through the crack there. That s what we want to rectify. The third thing, tell you how you can be included in the future and that s what we need to study and find out. There is what would appear to be the simplest engineering answer, and, John, I m getting in deep water here, but the simplest engineering answer is a gravity flow to the north and then there would be a lift station coming back. What that might cost, how that would be financed, I don t have an answer for at this point, but that is why this issue was the key part of our discussion the other day. Your last question was make provisions to include them and resolve the Board of Health and homeowner problems. Again, that s the one I just answered, so those answers, I hope, put a little bit of this in perspective for you. You were not, repeat, you were not deliberately left out. No one put on blinders and said let s skip those people. There was just one group working on this with one point of view which was let s get that commercial development up north and unfortunately that s how this happened, so we do want to find a way as best we can to resolve it. Raymond Bailey: I will say that the letter from the state did say the business and industrial aspect of Daylight plus an additional 472 homes in the future in that area. We don t know where those homes are. Whether they re existing or whether they are to be new, we don t know. We just want to be included in this project some way and we re willing to pay our fair share. We re not asking for a free ride. Commissioner Mourdock: Right, and we understand that and appreciate that attitude. We know you re not coming in here with your hand out. That would be disturbing to us and cause us to think on this side of the table that we have nothing to build from and work towards to try to get this resolved. I mean, we do want to get this resolved. Let me turn to my Board members and Joe here and see if you have any comments. Did I leave much out or state incorrectly what I answered a moment ago? President Jerrel: Well, actually the funding is primarily County Option Income Tax that was withheld by the Governor a number of years ago. It was withheld for about what, Suzanne, four years? Suzanne Crouch: A little longer than that. President Jerrel: A little longer than that, and the Council decided that the money ought to go for a project that would be lasting and that s when the need was presented. That s where the funding came from, but that s the early history of it so I know I for one will be very happy to do anything that I can so that you can all be included. You should be. Commissioner Mourdock: But there was also the state grant involved from the DOC. President Jerrel: About $25,000, the rest of it is ours, $1.219 million, I think. Commissioner Tuley: Most of it came from local as you described, County Option Windfall money, but I think the state s participation was a little more than what was just now...i thought it was about $150,000, yeah. Commissioner Mourdock: My point is it was the state s involvement that got the Department of Metropolitan Development involved because of the commercial--

16 Pages 16 Commissioner Tuley: I think there was a couple of Council members that really pushed the project. President Jerrel: Yeah, they went...i wasn t one of them-- Commissioner Mourdock: Sure. President Jerrel: --but they stayed on the Metropolitan Development. And I will have to say to you for the two years that I worked on it there was never any discussion about what the sewer s function was going to be and when you told me the forced...i didn t have a clue what you were talking about, Ray. I really had never had that explained to me. Council was never brought up-to-date on that and then when I moved over here in this chair we ve never been informed. Raymond Bailey: Well, I would like to compliment the Commissioners on behalf of this project because it is one that s needed. It has been needed for 25, 30 years or longer. A great need. And you are aware that we have asked for a hearing and we have been assured that we will be granted a hearing in Indianapolis and we will continue to ask for a stay of this project until we have been informed that we will be included in it at which time we would withdraw all complaints. We want to make sure you understand that. We re just concerned and we re trying to resolve the problem in our community and I think you can appreciate that. Thank you very much for your time. Joe Harrison, Jr.: Yes, could I get a copy of the petition that you filed with the state. Commissioner Mourdock: I ve got one right here, Joe. Raymond Bailey: I gave all three Commissioners copies, but I didn t give you one, I m sorry about that. Joe Harrison, Jr.: Okay, if I can get a copy of that. I know that the County Engineer as well as Commissioner Mourdock has had discussions with the City of Evansville and the engineer on the project regarding what can be done to facilitate a hookup by the residents out in that area and they re looking at that right now. Hopefully we will at least find out what can be done to facilitate that. Obviously, it will cost some money, but if there is a will there is a way. Hopefully there is something that can be done to modify the current plans to include that. Commissioner Mourdock: Is there any potential here, Joe, for any kind of Barrett Law application? Joe Harrison, Jr.: Well, as far as them hooking in, yes, the Barrett Law could apply where they could hook in, but first of all you ve got to make sure they can even hook in. That s the first issue. It s got to be designed so they can hook in. That issue has got to be resolved first and then as far as them hooking in individual homeowners could decide if they want to hook in. If they don t...if they all want to hook in the Barrett Law might be an option, but we re not to that step yet. You ve got to make sure that it is even feasible notwithstanding the cost. Raymond Bailey: Ms. Jerrel discussed with me the Barrett Law and I did get copies of that, Ms. Jerrel, and I m aware of it and I have discussed it with many of our homeowners. I will tell you that in the state s information they sent each homeowner there is to be two lift stations. One is at Schlensker Creek which is about 200 feet north

17 Pages 17 of Boonville-New Harmony on 57. That s where our gravity flow line would have to flow into and then come back toward the city over the hill. A very simple operation, we think, and I m sure the Engineering Department would say that too. It would be much cheaper to include that in the initial project than to go back and do it later. Joe Harrison, Jr.: You re talking about a lift station there at Schlensker? Raymond Bailey: Yes, one that they re going to put in, that s right. Joe Harrison, Jr.: Is that not planned right now? Raymond Bailey: That is planned. There is to be two lift stations according to this. One at Ruston Lane-- Joe Harrison, Jr.: Yes. Raymond Bailey: --one at Schlensker there on 57. Joe Harrison, Jr.: And you re saying the one at Schlensker would help facilitate your needs? Raymond Bailey: Well, that s just...there is to be a lift station just north of Boonville-New Harmony-- Joe Harrison, Jr.: Right. Raymond Bailey: Schlensker Creek, it s my understanding. Now, I stand corrected on this, and that s only 200 feet north of Boonville-New Harmony Road and that s strictly gravity-- Joe Harrison, Jr.: Right. Raymond Bailey: --from our homeowners...from our property down to this station. Tape change Commissioner Mourdock: Okay, I was just going to add the Barrett Law may be something that applies here. Certainly the thing we re doing now that we weren t doing before, initially we had a contract engineer who was working with the Department of Metropolitan Development on our meeting on Wednesday or Thursday we directed John to get involved with it directly so that he can help spearhead it from the point of view of the residents of the county. So that s the direction we re taking. As soon as we know something we want to, as I said, try to get this thing resolved. Appreciate your comments. Raymond Bailey: Do I read that you will pursue this on our behalf then? President Jerrel: Well, we certainly will. We re all in agreement that we want to make that sewer as usable for as many that we can, so that will be the next step. We need to keep in close contact with you as we find out information. Raymond Bailey: I don t want to become a pest, but I don t mind coming down and appearing before you.

18 Pages 18 Commissioner Mourdock: You wouldn t be the first person to come in here once every couple of weeks. It s a public meeting, you re always welcome. Raymond Bailey: I will tell you that there are 25 additional homes back on Bohannon Estates just a block back from our homes which I m sure those people would want to be included in this as well even though we have not spoken with those. Commissioner Mourdock: The key point that I want to make sure the County Engineer is fully involved with, what you re looking at out there today is a problem, but what I personally, and please don t be offended, what I m looking at isn t what s there today, it s going to be what s out there 25 years from now. We need to do it right today so that when all those other houses that we don t even know will be there show up that we ve got the problem dealt with. Raymond Bailey: Thank you very much. Commissioner Mourdock: You bet. President Jerrel: Thank you for coming. Unidentified: Can anybody else speak? President Jerrel: If you would like to. You want to just give your name? Doris Bailey: Doris Bailey. Commissioner Mourdock: You need to come to the microphone. Doris Bailey: Just what you said, we were concerned that if we didn t get it now we won t get it. That s pretty obvious. Another thing, you have said that we will hear from you. Will that be in the newspaper or...? President Jerrel: Oh, no. We ll contact-- Doris Bailey: Okay. President Jerrel: As Ray is the spokesman he ll be contacted and Joe Harrison will be back with you. Okay, thank you. Yes, sir. Dwight Markwell: My name is Dwight Markwell. I live at Highway 57. I also work for the Indiana Department of Transportation. I think the gravity flow problem is no problem at all if we lay both lines at the same time. It s going to be cheaper for you and better off for the contractor, too, so I think that the sooner we address this problem the better for all parties involved in this because it s going to be a lot cheaper for everybody if he can lay both lines at the same time, the pressure plus the gravity. Also, I assume this is going to be on state public right-of-way. I assume that, I haven t seen a set of plans. The right-of-way law was passed a number of years ago for public use and my concern when I first heard about this was a single developer and the City of Evansville. I think that by the state law giving that state easement is, you know, a license saying, yeah, we re giving it to you, but we re giving it to you for public use. Thank you. President Jerrel: Thank you.

19 Pages 19 New business President Jerrel: Moving on, new business. Commissioner Mourdock: One bit of continuing business just what I mentioned before, I ve got the IDEM meeting on Thursday and we ll have some future discussions as far as the ACORN and ongoing ozone situation. President Jerrel: Okay, anything? Commissioner Tuley: No. President Jerrel: Okay, if there is no...yes, John? Oh, yeah, go ahead. Award bid - VC Old Henderson Road bridge removal and culvert installation John Stoll: I would like to recommend that we award project number VC , the Old Henderson Road bridge removal and culvert installation, to CCC of Evansville in the amount of $71, Joe Harrison, Jr.: They were the low bidder. President Jerrel: Yes. Commissioner Mourdock: They were the low bidder and you ve had all of 20 minutes. You re comfortable with that? John Stoll: Yes. Commissioner Mourdock: I mean, I know it s an emergency. Okay, I ll move approval of the award of the Old Henderson bridge and culvert project to CCC of Evansville. John Stoll: I really doubt that they ll be able to do any work this week because the water is up, but in the event the water would recede, then we want to get the contractor started as soon as possible. President Jerrel: Okay. Any further business? Motion to adjourn? Commissioner Mourdock: So moved. John Stoll: So ordered. The meeting was adjourned at 6:22 p.m. Those in attendance:

20 Pages 20 Bettye Lou Jerrel Richard E. Mourdock Patrick Tuley Joe Harrison, Jr. Suzanne M. Crouch Tony Greubel Charlene Timmons Lynn Ellis John Stoll Harris Howerton Raymond H. Bailey Doris Bailey Dwight Markwell Others unidentified Members of the media Board of Commissioners Bettye Lou Jerrel, President Richard E. Mourdock, Vice President Patrick Tuley, Member Recorded and transcribed by Charlene Timmons