WARRICK COUNTY COMMISSIONERS

COMMISSIONERS MEETING ROOM

107 W. Locust Street

Boonville, Indiana

March 3, 2004

4:00 P. M.

The Warrick County Commissioners met for the purpose of Planning Commission business and other business that may come before the Board, with all members present. Also in attendance was County Administrator, Roger Emmons; County Auditor, Richard Kixmiller; Plan Commission Executive Director, Sherri Phillips; County Engineer, Steve Sherwood; County Sheriff, Marvin Heilman and County Attorney, Rick Martin.

President Don Williams called the meeting to order.

Auditor Richard Kixmiller recorded the minutes.

(Tape messing up - garbled)

AREA PLAN COMMISSION:

REZONING PETITIONS:

PC-R-04-01 - Petition of Diamond Valley Development, Mike Lankford, President: to rezone 16.436 acres located on the South side of Heim Road approximately zero feet West of the intersection formed by Heim Road and Inderrieden Road. Parcel 2 Short Minor Subdivision, Ohio township from ‘A’ Agriculture to ‘R-2B’ Apartment zoning district. Unanimous recommendation of approval by Plan Commission on February 11, 2004.

Sherri Phillips: It is PC-R-04-01, petition of Diamond Valley Development, Mike Lankford President to rezone 16.436 acres located on the South side of Heim Road approximately zero feet West of the intersection formed by Heim Road and Inderrieden Road. This is also parcel 2 of

Short Minor Subdivision, Ohio township from ‘A’ Agriculture to ‘R-2B’ Apartment zoning district. It was a unanimous recommendation of approval by Plan Commission on February 11, 2004 meeting.

Bill Bivins: Engineer.

Mike Lankford: 9908 Old State Road, Evansville, Indiana.

Don Williams: Does anybody have any questions? Questions from the Board? Do you have anything you would like to add at this time Mr. Bivins?

Bill Bivins: Nothing except, we are building in an area that is out of the flood zone.

Several speaking unable to hear.

MOTION: Carl Conner made the motion to approve the rezoning petition PC-R-04-01

SECOND: Phil Baxter

VOTE: 3 Ayes 0 Nays

Don Williams: Are there any remonstrators since they are not building in the flood plain?

Unknown Speaker: ...part of this is in the flood plain.

Don Williams: But the part they are building in is not.

PC-R-04-03 - Petition of Aaron Robinson. Owner: Blaze C. Robinson: to rezone 4.77 acres located on the West side of Coles Creek Road approximately 1367 feet south of the intersection formed by Coles Creek Road and Ebenezer Road. Lane Township from ‘A’ Agriculture to ‘M-2' General Industrial zoning district. Unanimous recommendation for approval by Plan Commission on February 11, 2004.

Sherri Phillips: The next is PC-R-04-03 - Petition of Aaron Robinson. Owner: Blaze C. Robinson, to rezone 4.77 acres located on the West side of Coles Creek Road approximately 1367 feet South of the intersection formed by Coles Creek Road and Ebenezer Road in Lane Township from ‘A’ Agriculture to ‘M-2' General Industrial zoning district. It was a unanimous recommendation for approval by Plan Commission on February 11^th. The Petitioner is wanting to bring her property in compliance with zoning so that they can build a new building at their business.

Aaron Robinson: 10111 Folsomville Road.

Don Williams: Do any of you gentlemen have anything you would like to add?

Bill Bivins: This was a pre existing condition before the rezoning laws, that is why he is going into compliance.

Don Williams: Any questions by the Board? Are there any remonstrators? Hearing none, is there a motion?

MOTION: Phil Baxter made the motion to approve the rezoning of PC-R-04-03.

SECOND: Carl Conner

VOTE: 3 Ayes 0 Nays

PC-R-04-04 - Petition of Lake Group, Inc., Stewart Phillips, President: to rezone 26.1687 acres located on the South side of Heim Road approximately 1800 feet West of the intersection formed by Heim Road an Tow Path Road, Ohio Township from ‘A’ Agriculture an ‘F-P’ Flood Plain to ‘R-2' Multiple Family dwelling zoning district. Recommendation of approval by Plan commission on February 11, 2004.

Sherri Phillips: PC-R-04-04 - Petition of Lake Group, Inc., Stewart Phillips, President to rezone 26.1687 acres located on the South side of Heim Road approximately 1800 feet West of the intersection formed by Heim Road an Tow Path Road, Ohio Township from‘A’ Agriculture an ‘F-P’ Flood Plain to ‘R-2' Multiple Family dwelling zoning district. It was a recommendation of approval by the Plan Commission on February 11^th. This is the property that was just discussed in the Drainage Board meeting. They are asking to rezone to R-2 multiple family, however, it is proposed single family. The rezoning to this to have smaller block sizes.

Don Williams; Any questions from the Board? Are there any remonstrances?

Unknown Speaker: Is that the same property that was talked about?

Don Williams: But we are not the same Board.

Unknown Speaker: They won’t build until the other Board passes anyway, will they? It needs to be rezoned but.

Gilbert Gaston: Warrick County resident. 8544 Greenlee Avenue, Newburgh, 47630. We have 26 acres, what all of it in the flood plain the full 26 acres?

Sherri Phillips: No. About eight acres is in the flood plain.

Gilbert Gaston: It ought to state that on there then. How much fill is going to be required in that eight acres to make it above the flood plain.

Sherri Phillips: There are portions that need eight feet, four feet, two fee, on up.

Gilbert Gaston: With that being the case, with eight feet of fill I think the volume in there, does that interfere with the percentage of the flood plain?

Sherri Phillips: Let me explain to you real quick what happened at the Drainage board meeting because I don’t believe you were at that meeting. They just hear the drainage plans, and all this was discussed and what feet. The developer has agreed to do a study, a water table study to see what effect they would have on any of the surrounding properties. The drainage plans were continued until this is done. So therefore the street plans, I am assuming will be continue. The developer has asked for the subdivision to be continued until this study is done. This right here we are just asking for the rezoning.

Gilbert Gaston: Okay, but how can you rezone it if the Drainage Board is not satisfied with it?

Sherri Phillips: They can rezone it but they can not develop the ground until the drainage plans and the plat are approved.

Gilbert Gaston: Thank you.

Don Williams: Is there anybody else? Any other remonstrators? Any questions from the Board?

MOTION: Carl Conner made the motion to table the request for PC-R-04-04.

Carl Conner: The reason I am asking to have that tabled or continued, I feel there is a direct correlation between the rezoning and the drainage plans which we have to have approved and they were going to be working toward some type of reasonable response to that.

SECOND: Phil Baxter

VOTE: 3 Ayes 0 Nays

Bill Bivins: At this time I would like to request that you table the Mallard Lake Street Plans.

PP-04-02 - Mallard Lake Subdivision by Lake Group, Inc., Stewart Phillips, President. 26.1687 acres located on the South side of Heim Road approximately 1800 feet West of the intersection formed by Heim Road an Tow Path Road, Ohio Township.

Don Williams: Let’s go to number 2 under the Street Construction Plans due to Mr. Bivins request. Mr. Bivins has requested that the Mallard Lake Subdivision street plans be tabled. I will entertain a motion to that effect.

MOTION: Carl Conner made the motion to table PP-04-02, Mallard Lake Subdivision street plans.

SECOND: Phil Baxter

VOTE: 3 Ayes 0 Nays

STREET CONSTRUCTION PLANS:

PP-03-20 - Victoria Bluffs Subdivision by Victoria Manor, LLC, Dennis Aiken, Member: 15.2386 acres located on the North side of Victoria National Boulevard, approximately zero feet North of the intersection formed by Victoria National Boulevard and Medinah Drive. Boon township. Continued from previous meetings.

Sherri Phillips: This is 15.2386 acres located on the North side of Victoria National Boulevard, approximately zero feet North of the intersection formed by Victoria National Boulevard and Medinah Drive in Boon Township. This was continued from your previous meetings to get in order and I believe it was just approved by the Drainage Board. Steve Sherwood, County Engineer has signed off that this the street plans are in order.

Don Williams: Do you have any comments either of you? Any questions from the Board?

MOTION: Carl Conner made the motion to approve the street construction plans, PP-03-20, Victoria Bluffs Subdivision by Victoria Manor, LLC.

SECOND: Phil Baxter

VOTE: 3 Ayes 0 Nays

Dunedin Drive: By Highland Development, Corp., Ralph A. Easley, President.

Sherri Phillips: Next item is Dunedin Drive by Highland Development Corporation, Ralph A. Easley, President. This was the roadway discussed at your last meeting and agreed upon by 18 foot wide. Steve Sherwood has signed off that they are in order and ..... at your last meeting and a dollar amount submitted. Mr. Easley will need to submit surety before he can record his final plat.

Ralph Easley: We have prepared plans for an 18 foot wide street which I think you have reviewed. My name is Andy Easley, President of Highland Development Corporation, and engineer on the project.

Sherri Phillips: The dollar amount is $5,700.

Steve Sherwood: It is a sufficient amount to construct the proposed improvement.

Don Williams: Any questions by the Board?

Carl Conner: My only question is, Steve, based upon what Sherri said, that everything is to your satisfaction and there has been an acceptable arrangement between you and the other party.

Steve Sherwood: Yes on the plans, that I have, we allow the 18 foot width, it is three inches thick asphalt, that is six inches of crushed 53 stone and we are hooking into Woodland Drive with 20 foot radius. I checked dimension, that is about all they can fit in. So I would ask that we approve the plans before you.

Don Williams : Any other questions by the Board?

Andy Easley: I think Dr. Freudenburg would like to say something about the status of that old road, we discussed that last week.

Dr. Freudenburg: I just want the Commissioners to understand a few things about that road. I have maintained that road for forty years. I understand that road was used from the time of Abraham Lincoln, Monroe Howes had it closed at the point where his sister-in-law owned property and from then on it has been closed but I have maintained it. One of the reasons we went the way we did, many years ago, the Commissioners approved the a road over a lake that I had made with the express purpose of having a roadway over the dam and it was built in accord with government specifications, etc. Then the time came that it wasn’t good enough and the County wouldn’t accept it. So then we had to make larger lots come up with this plan and this was agreed upon and now I understand you as County Commissioners have the right to change your mind. But as a citizen and a tax payer, it looks a little bad for me when some Commissioner say you can do it and some others come along and say no we have changed our minds. So something I think, consistency, would really help the tax payers view of, int his case, the Commissioners of the County. Just want you to think that over as tax payers yourselves.

Don Williams: Anything else, Mr. Easley? Any comments from the Board or questions?

MOTION: Phil Baxter made the motion to approve the plans for Dunedin Drive.

SECOND: Carl Conner

VOTE: 3 Ayes 0 Nays

Carl Conner: Mr. Easley, I would just like to tell you, I truly appreciate your cooperation in having an open mind when we discussed this at the last meeting. Thank you.

REQUEST FOR RELEASE OF SURETY:

C-03-10 - 4A Builders - Commercial Driveway - Lot 5 Aigner Industrial Park:

Sherri Phillips: This next item just needs to be removed from the agenda.

Don Williams: Do we need a motion on that Mr. Martin?

Rick Martin: Might as well.

MOTION: Carl Conner made the motion to remove from the agenda the request for release of surety on C-03=10.

SECOND: Phil Baxter

VOTE: 3 Ayes 0 Nays

Sherri Phillips: That is all I have, thank you.

TABLED ITEMS:

Peabody Coal - Proposed Contract and Leasehold Agreement - Nelson Brothers Building:

Don Williams: This is not ready yet, is it?

Carl Conner: My understanding from conversations I have had with Roger today is that it has gone back to Peabody Coal relative to expanding the scope of a lease, isn’t that correct?

Steve Sherwood: That was the last thing that I heard, yes.

Don Williams: Primarily the usage terminology. I will entertain a motion to table this.

MOTION: Carl Conner made the motion to table the proposed contract or lease with Peabody Coal Company.

SECOND: Phil Baxter

VOTE: 3 Ayes 0 Nays

AUDITOR:

Payroll Claims:

Don Williams: Is this the only one we have, payroll claims?

Richard Kixmiller: Yes.

Don Williams: We have the matter of payroll claims. Any questions?

MOTION: Phil Baxter made the motion to approve the claims in the amount of $313,511.26.

SECOND: Carl Conner

VOTE: 3 Ayes 0 Nays

SIGN IN SHEET:

Paul Rundus: I live at 6422 Vann Road in Newburgh. I am here on behalf of Newburgh Junior Baseball. Parks Board asked me to come. Two years ago you guys helped us with about $20,000 dollars of gravel and stuff like that for a parking lot when the boys moved part of their program out to Vann Road Sports Park. In the last two years the boys have spent $260,000 on the project. They have approved another $140,000 our building which we are waiting on Area Plan approval at this point because we are in the flood plain. What we are asking for guidance from you guys, we need another parking lot desperately because when we move another third of our program this year there, our parking lots were maxed out last year. We are needing to add another parking lot and asking for guidance from you. Parks Board thought this would be the way to go, ask you guys what you thought we could do, if you could help us at all. We are wanting to put in about a $45,000 parking lot off of Vann Road. It is parking 160 foot wide, 400 feet long. We are just wanting a gravel parking lot we do need to put a driveway in off Vann Road. We are here for guidance and to see if you guys can do anything to help us with that. I don’t remember the situation, Scott Culvert was here two years ago, he talked to you guys, I don’t know how you came up with funds for us. The highway department I believe helped haul some rock and did some grading for us. Just here for guidance.

Don Williams: I would suggest you come back to our regular County meeting when the Highway Department, Mr. Bulcher is here. I think it is more appropriate for that meeting to be honest with you.

Jerry Lewis: I think all Paul wanted was, some kind of idea of what we did that last time and how we did it. How the Council is involved, what you guys did, how you were involved, I don’t remember. Do you remember Carl or Don?

Carl Conner: If my memory serves me correctly I think we basically committed to $20,000 and it was an additional appropriation from the County Council. There is a County Council member that was here, is that correct? Do you remember that situation where we helped the baseball team over there?

Jerry Lewis: What line item did we take that out of?

Carl Conner: I have no idea and we also used County vehicles.

Steve Sherwood: We hauled...

Carl Conner: I think we did that when we had some down time at the County.

Paul Rundus: My $45,000 based on, I had a conversation with John Bush, Bush Excavation, of having them haul it in or Mulzer hauling it in, that was based on the price of having the rock hauled in. If the County could do any of that, it would save money. The lot is about twice the size, well not quite the size of what we did last year. But the driveway is probably $8,000 to $10,000 by the time we pave it and bring it down to the new parking lot.

Steve Sherwood: Is that for a second driveway access?

Paul Rundus: Correct.

Steve Sherwood: I believe you had some discussion with someone from my office to come out and meet, view the driveway location, I think a site plans showed up too, then shortly thereafter. It has all your parking detail on it as well.

Don Williams: I can’t remember, I was trying to remember if they got the funds approved from the Council before they came to us for the trucks last time.

Carl Conner: I think it was in reverse, Don. I think they came to the County Commissioners and we had talked about it. We didn’t really have any money but we felt we could support with the down time of some labor and machine hours. We were more than happy to go to the Council and the Council was willing to give us the $20,000. In fact, I think you also gave money to Boonville that year didn’t you?

Steve Sherwood: Will the excavation be done for the parking lot and just basically looking for the rock?

Jerry Lewis: We are looking for the rock and the grading of the rock afterwards, hauling the rock.

Steve Sherwood: I think we figured six inches thick last time.

Don Williams: Do you have the dimensions?

Paul Rundus: The parking lot is probably 160 X 400 then we have the entrance coming down about 100 feet and turning into the parking lot.

Steve Sherwood: Is this new entrance going to be just East of the existing entrance?

Yes.

Steve Sherwood: Do your figures include someone to construct that entrance?

Paul Rundus: Yes it does.

Steve Sherwood: My only other question, on the driveway permit, it would be a commercial permit of nature, but since it is County property, is that right, there would be no fee for a commercial permit?

Paul Rundus: But you would still want paved or blacktop?

Steve Sherwood: Yes. The fifty dollar fee would be waived when you make the application for the commercial drive.

Jerry Lewis: Don, if you want us to come back, what date would that be?

Don Williams: It would be two weeks from today. It would be March 17^th.

Steve Sherwood: I would be more than happy to prep Mr. Bulcher prior to that meeting, with their concerns. I think I have the site plan in my office.

Paul Rundus: We were told also that it would have to be advertised, that we are actually asking for money is that correct?

Carl Conner: It has to be advertised on the agenda. This would be my suggestion, I think we could probably waste a lot of time in a public meeting and I don’t have a real problem with that but probably what your organization needs to do is, your organization needs to get with the County Engineer and the Highway Department. Also, you need to get with representatives from the County Council and you all sit down and see what, if anything, can be worked out before you come back to us for any approval. I can tell you right now, we do not have $45,000 of monies in our budget anywhere, but I am sure there is something that we can work out where we can be helpful. The same way with the County Council. In addition to that, the last time you all approached this you had a lot of support from the community. For example I know that there was a father or two that was in the construction business that provided some equipment. My suggest is that you get all that in place pretty much before you come back.

Don Williams: Some of the hauling was done by someone else.

Paul Rundus: We are in the middle of building a large building there and a lot of our volunteers have promised up to that, we have kind of maxed out some of that. Tony Hornbeck called some rock for us the last time. Didn’t charge us for the hauling. He has committed doing some of that toward the building. So we don’t feel like he could help us much with that this time.

Don Williams: He might surprise you.

Paul Rundus: He might.

Carl Conner: I think all that, if you just get it all together and have a plan that we could take a look at and say yes or no.

Steve Sherwood: In regards to getting with my office, if you would just get a couple more copies of the site plan I would be more than happy to set down with the Highway Superintendent.

Jerry Lewis: So you are saying we don’t have to come back in two weeks?

Carl Conner: If you get all this together in two weeks. You can get on the agenda and come back.

Jerry Lewis: They are talking about a facility, three infields out there, of course they will start playing as soon as school is out. They have to move pretty fast on this. We would like to have your support and we may go to the Council and ask.

Carl Conner: And that is what I am saying, we could sit here in there meetings and debate this but just get everything in order and talk to Steve and the County Highway and also speak to someone on the County Council.

Paul Rundus: Thank you.

Don Williams: Susan Lasher. State your name and address if you would, please.

Susan Lasher: Want to tell them my phone number. 6811 Highway 662, Newburgh, Indiana.

Carl Conner: No, I have her telephone number, I have her cell number, I have her work number and I have her beeper number and believe it or not, I have tried off and on from time to time, here is a witness here, to get a hold of you, but I have not been successful.

Susan Lasher: I made a call yesterday and found out the meeting was today and I thought would eliminate the tele communications and come in person.

Carl Conner: I tried to get a hold of you again today too.

Don Williams: I understand your question is on County Employee Policies?

Susan Lasher: Yes sir.

Don Williams: Are you referring to the handbook or what?

Susan Lasher: Yes sir, I am inquiring whether or not the Warrick county employees have a policy manual, number one.

Don Williams: Yes we do.

Susan Lasher: And does it address the employees being able to approach Judges that are judging on current cases to try to influence the judge or inform the judge of things?

Don Williams: There is nothing like that in there.

Susan Lasher: It is not addressed?

Don Williams: It is not addressed.

Susan Lasher: As a taxpayer, and as someone who has suffered because of an employee of the County taking time, their work time, to contribute information to the Judge that was deciding on my case.

Don Williams: Did you talk to the Judge about this?

Susan Lasher: At the time I couldn’t sir, because then he was put in a position where he had to excuse himself.

Don Williams: Do he do that?

Susan Lasher: No we chose not to because my Attorney, Mark Neff, not Mark’s money, mine, we were about ten or twelve thousand dollars into legal fees at that point and over a year into the course of the case and the judge has indicated he was close to making a decision before this employee took it upon herself to do that so I could not afford to start all over. It caused a twenty five day delay, and I incurred about $600 more in legal fees in ... through the letters to and from the judge and attorneys and so forth before we said please go ahead and make your decision.

Don Williams: Whoever did that is a lot better than I am because I have never been able to get a judge to talk to me about any on going case.

Susan Lasher: Apparently the copy machine is where the opportunities arise, I suppose, according to the judge.

Don Williams: Okay, your concern is noted and we are currently in the process of revamping the manual so it is a timely request. We will certainly consider that.

Susan Lasher: As a taxpayer, paying for wages that day, I don’t feel like that was an appropriate use of her time. It is jury tampering on a smaller town level.

Carl Conner: My comment to you, I think at the time that we discussed this, and then I said I would go back and research it, I did have it researched, and there was nothing in there and I guess I would stand by that position, that I had given you originally, since there is not anything in there to address, I feel like it would only be appropriate to take the issue up with the Department or the elected official in which that individual that was involved in this, works. That is my opinion.

Susan Lasher: I plan to do that, I just wanted to find out what the policy was first.

Carl Conner: What department was it, I don’t remember if you told me?

Susan Lasher: Auditors office.

Carl Conner: There is the Auditor right there.

Susan Lasher: I am sorry, I don’t have your name.

Richard Kixmiller: Richard Kixmiller.

Susan Lasher: After this meeting, would that be a convenient time to talk to you or shall I set up an appointment?

Richard Kixmiller: That would be fine.

Susan Lasher: Thank you. Thank you gentlemen.

Carl Conner: And I am sorry about the communications.

Don Williams: I am surprised a judge would listen, you are just saying he picked up something and read it? That was left at the copy machine? That’s alright I don’t need any explanations.

COMMISSIONERS ITEMS FOR DISCUSSION:

Don Williams: Commissioner Baxter, do you have anything?

Commissioner Baxter: Nothing.

Don Williams: Commissioner Conner?

Commissioner Conner: Nothing.

Don Williams: Mr. Martin do you have anything?

Rick Martin: No I don’t.

Don Williams: Mr. Engineer do you have anything?

Steve Sherwood: No sir.

Commissioner Williams: I have one very brief item, just a F.Y.I. for the other two Commissioners. The County Administrator and myself met with Scott Hendrix who is a loss control specialist for Cincinnati Insurance. If you remember last meeting I asked you, we did have that meeting, he can be requested to do a various loss control even such things as, all of our different insurances, whether they cover us or not, do those studies at no cost . We are talking various departments, liability issues, basically it is a loss control, he will look and make recommendations at no charge to the County. Then it will be our option or the office holders option to follow his recommendations or not. It is a free service that they provide and strictly on a request basis. They will come in and do it at no charge and they will make recommendation and it is our option whether we follow the recommendations or not.

Carl Conner: So they would take a look at situations for example that are related to our workmans comp claims?

Don Williams: Even workman comp, all the liability issues.

Carl Conner: And give us suggestions in regard to how we can reduce those ?

Don Williams : Yes. I thought it was a good deal and wanted to inform you all of that and I think we will be looking and talking to some people, certainly we want them to do a walk through the Judicial Center and the Courthouse here. I would assume the Sheriff might want to take a look at it.

Richard Kixmiller: Don, as an office holder, is this a representative of our insurance company?

Don Williams: Yes he is.

Richard Kixmiller: That is common practice.

Don Williams: Yes it is a common practice and it is free, they don’t volunteer, you have to request it. It was very worthwhile, we spent about an hour and a half, three of us. No motion or anything, I just wanted to let you all know. I have nothing else.

Susan Lasher: May I add something else? May I request to be notified of any change in the County policy for the employees? And where can I obtain the employee manual?

Don Williams: You might want to wait until we get it revised, all you have to do is come request a copy. Everything that we have is public policy, including our employee manual, as far as I know. If you want a copy, I would suggest you wait thirty to sixty days because right now we have two issues we have our attorney looking at, then the three Commissioners will meet in executive session and determine what changes we want to support or not support and then it will be presented for formal approval and then it will be reprinted. I assume you will want the changed manual instead of the old one. But if you want a copy of our present one, just come into our office during office hours and ask for a copy of the employee manual and I am sure they would be glad to give you a copy.

Susan Lasher: Thank you.

Richard Kixmiller: There should be a copy cost.

Rich Martin: Yes there is a copy charge.

Don Williams; There is a copy charge and I am not sure what that is.

Richard Kixmiller: Probably 35 cents a page.

Don Williams: I would suggest you wait for the new manual and decide if you want, you might just want certain sections of it.

Susan Lasher: Can I just come and look it over sometime during office hours? Thank you.

Don Williams: I will entertain a motion to adjourn.

MOTION: Phil Baxter made the motion to adjourn.