WARRICK COUNTY COMMISSIONERS
AREA PLANNING COMMISSION SESSION
COMMISSIONERS MEETING ROOM
107 W. Locust
Street
Boonville, Indiana
October 27, 2004
4:00 P. M.
The Warrick County
Commissioners met in Area Planning Commission session with President Don
Williams, Vice-President Carl Conner and Phil Baxter (absent). Also in attendance was Warrick County
Auditor, Richard Kixmiller; County Administrator, Roger Emmons; Warrick County
Sheriff, Marvin Heilman; County Engineer, Steve Sherwood; County Highway Vern
Bulcher; Landfill, Alan Ahrens and County Attorney, Richard Martin; Area
Planning, Sherri Phillips.
President Don Williams called
the meeting to order.
Auditor Richard Kixmiller
recorded the minutes.
STREET CONSTRUCTION
PLANS:
Sycamore Hollow Road by Sally Pfafflin
(Continued from October 13, 2004)
Sherry
Phillips: Sycamore Hollow Road by Sally Pfafflin. We do have a request from them to continue
this to your December 8th meeting.
Don
Williams: Okay.
Do I have a motion to continue?
Carl
Conner: I would move that we grant the request and we
extend it until the December 8, 2004 meeting.
Don
Williams: I’ll second that motion. All in favor say aye. Motion carries two to zero.
REQUEST FOR EXTENSION OF IRREVOCABLE LETTER OF CREDIT:
Stonecreek Subdivision by David Meyers – Streets
& Sidewalks – Has had four years - $26,000, streets - $24,600, sidewalks.
LOC expires 10-31-04. Requesting one
year extension with no reduction.
Sherry
Phillips: By David Meyers. This is for streets and sidewalks. He has had four years at Twenty Six Thousand
Dollars ($26,000) for the streets and Twenty Four Thousand Six Hundred
($24,600) on the sidewalks. The Letter
of Credit expires October 31st.
He is requesting a one year extension with no reduction in the dollar
amount and you do have a letter in our packet from Mr. Meyers and he is also
present. He is over his four year time
limits for his streets. The dollar
amount is the same as he had posted right now and I believe the dollar amounts
are still adequate according to Mr. Sherwood.
Steve
Sherwood: Yeah, more than sufficient for what’s
remaining.
Carl
Conner: More than sufficient for streets and
sidewalks?
Steve
Sherwood: Yes.
Carl
Conner: Okay.
Don
Williams: Do you have anything to say, Mr. Meyers?
David
Meyers: We are addressing a drainage problem and as
soon as that is completed then I think I will get together with the County
Engineer, Mr. Sherwood, and hopefully get the streets accepted and hopefully in
the next year we’ll have the sidewalks all installed because I am getting some
inquiries and lot sales are starting to come through.
Sherry
Phillips: I believe that your retention pond changed
from the original approval…
David
Meyers: Yes.
Sherry
Phillips: And so you have to resubmit drainage plans
until you do that. They can’t accept the
streets for maintenance. Is that right,
Steve?
Steve
Sherwood: I believe that is part of the issue.
Don
Williams: Do you have any questions, Mr. Conner?
Carl
Conner: I have none.
Don
Williams: What is the rule of the Board?
Carl
Conner: I would move that we approve the request for
the one year extension relative to Stonecreek Subdivision in the amount of
Twenty Six Thousand Dollars ($26,000) for the streets and Twenty Four Thousand
Six Hundred Dollars ($24,600) for the sidewalks.
Don
Williams: I’ll second that motion. All in favor say aye. Motion carries two to zero.
David
Meyers: Thank you, gentlemen.
Talbert’s Ridge
Subdivision
by Mike Talbert – Sidewalks – Has had five years. Requesting a one year hardship extension with
no reduction from $19,820.97.
Sherry
Phillips: The next subdivision is Talbert’s Ridge
Subdivision by Mike Talbert. It is for
sidewalks. He has had his five years
that is allowed for the ordinance and he is requesting a one year hardship
extension with no reduction from Nineteen Thousand Eight Hundred and Twenty
ninety seven ($19,820.97) and Steve has approved that dollar amount.
Steve
Sherwood: Yes, the amounts are sufficient if the extension
is allowable.
Don
Williams: Hi, Mr. Talbert.
Mike
Talbert: Hi, Mr. Williams.
Don
Williams: What is the hardship, just out of curiosity?
Mike
Talbert: I had open-heart surgery and was out of work
about a year and a half and that was within that five-year time period, Don and
I am requesting a one year hardship for the sidewalks. I think I have six (6) or seven (7) houses
going right now and hopefully by the end of next year the subdivision will be
completely sold out.
Don
Williams: Okay, thank you. Do you have any questions, Commissioner
Conner?
Carl
Conner: No, I don’t have any.
Don
Williams: What is the rule of the Board?
Carl
Conner: I would move that we approve the request for
Talbert’s Ridge Subdivision in the amount of Nineteen Thousand Eight Hundred
and Twenty Dollars and Ninety seven cents ($19,820.97) for one year.
Don
Williams: I will second that motion. All in favor say aye. Motion carries two to zero.
Mike
Talbert: Thank you, gentlemen. Both of you good luck Tuesday.
REQUEST FOR SIDEWALK
ACKNOWLEDGEMENT:
Hornet Hill Subdivision
Phase I by
4A Builders, Jerry Aigner, President.
Sherry
Phillips: The next item is Request for Sidewalk
Acknowledgement Hornet Hill Subdivision Phase I by 4A Builders, Jerry Aigner, President. And Mr. President, I do have a letter from
them stating they would not be able to attend the meeting tonight and hoping
you would go ahead and act on the acknowledgement and Mr. Sherwood has signed
off that all of the sidewalks have been constructed.
Steve
Sherwood: That is correct all of the sidewalks have
been constructed.
Carl
Conner: Hornet Hill?
That’s located in Elberfeld?
Bill
Bivins: I’m the Engineer on it if there are any
questions.
Don
Williams: So, they do have a representative here?
Sherry
Phillips: This is the one in Elberfeld.
Bill
Bivins: Yes.
Steve
Sherwood: It’s basically a continuation off the north
side of Walter’s Estates which is another development he is familiar with.
Bill
Bivins: That is correct. Yes.
Don
Williams: Do you have any questions, Mr. Conner?
Carl
Conner: No, I don’t.
Unknown
Speaker: I knew it looked too easy.
Don
Williams: I would say it is good to have the sidewalks
go in. Do I have a motion?
Carl
Conner: I would move that we approve acknowledgement
of sidewalks in Hornet Hill Subdivision Phase I.
Don
Williams: I’ll second that motion. All in favor say aye. Motion carries two to zero.
Sherri
Phillips: That’s all I have. Thank you.
Don
Williams: Thank you.
Next item, Tabled Items.
TABLED ITEMS:
Sick Day Reimbursement – Kerry Stinson
Roger Emmons: Mr.
President, I have the original letter and the claim submitted by Kerry
Stinson. She previously worked at
Circuit Court. She turned in
reimbursement for forty five (45) days now before the handbook was changed I
believe you could accumulate up to forty five (45) days, but if upon
termination you could only get reimbursed for up to thirty (30) days and then
the Board amended that section. So, you
know I don’t know if Rick is going to offer an opinion on that. Is Kerry here? I had called and left a message at her home
that it was going to be discussed and I think maybe she has to work until five
o’clock.
Don Williams: Okay. Do you have anything you want to say, Mr.
Martin?
Richard Martin: I think from
a legal perspective, Roger the law is pretty clear on this issue as the policy
that is in place at the time the employee leaves. So, if the policy was changed to where no
days were paid upon termination prior to her leaving her job, which I believe
is the case, there would be no legal obligation to make that payment even
though the policy was in place earlier that provided for the thirty (30) days
reimbursement.
Don Williams: Do we know
how many days she had on the books when we changed the policy, just out of
curiosity?
Roger Emmons: I don’t have
that information. I assume that we would
be able to find that information out.
Carl Conner: I would move
that we table this request based upon the fact that we had in my opinion a very
similar or identical issue at the last meeting.
We had relative to sick day reimbursement for individuals at the
Sheriff’s Department and we denied basically the reimbursement of those requests
with I feel somewhat of a stipulation that yes we would in fact approve them if
the Sheriff Department went to the County Council and the County Council
approved the funding. And I would like
to see what the position is going to be in regards to the County Council and
the request of sick days that the Sheriff’s Department before we take any
additional action on the Kerry Stinson request.
Don Williams: Okay. I’ll second the motion to table. All in favor say aye. Motion carries two to zero. Now, Roger I would like for you to, just for
my benefit if nothing else, to determine how many sick days she had on the
books when the new policy changed.
Roger Emmons: I’ve made a
note already. I’ll check with the
Auditor’s Office. They should have the
personnel records on her. Would you like
to go to Items for Discussion?
Don Williams: Yes. Go right into those.
ITEMS FOR DISCUSSION:
RFP’s
Bridge Reinspection (sent by fax or email to 21
“regular” consultants and 14 DBE consultants)
Roger Emmons: Today was the
deadline by noon to receive RFP’s for the bridge reinspection which we have to
do basically every two years, although it is a four year contract, I believe,
Steve?
Steve Sherwood: Correct.
Roger Emmons: You select a
consultant to do one and then in the contract two years later he has to conduct
that bridge inspection again. That is on
all numbered bridges in the County and I believe those are by definition twenty
(20) feet in length.
Steve Sherwood: Twenty (20)
feet or longer.
Roger Emmons: I think we
got one hundred and fourteen (114) or there abouts. But, anyway we sent out by fax or email to
twenty one (21) regular consultants that are on file and fourteen (14) DBE
consultants (Disadvantaged Business Enterprise) which we are required to by
federal law because we hope to use federal funds…well, we will use federal funds for this project. We only received six (6). Congdon Engineering Associates, Inc., Strand
Associates, Inc. (Sieco Division), WTH Engineering, Inc., Bernardin,
Lochmueller & Associates, Inc., DLZ Engineering, Inc. and USI Consultants,
Inc. USI Consultants is the lone DBE
that submitted a proposal. So, I would
recommend and I have there below the Telephone Road ones too if you want to do
them both at one or do them separately.
Which would you rather do?
Don Williams: Let’s take
them separately.
Roger Emmons: Those are the
six (6) that we received and I would request that you acknowledge timely
receipt of those and take them under advisement for Steve and I to provide you
with summarization on those proposals.
Don Williams: Okay. Do I have a motion?
Carl Conner: I would move
that we take proposals for bridge inspection under advisement.
Don Williams: I will second
the motion. All in favor say aye. Motion carries two to zero.
Telephone Road Construction Inspection Services (sent by fax or email to 20 “regular” consultants and
14 DBE consultants)
Don Williams: Telephone
Road Construction inspection services.
Roger Emmons: We only sent
to twenty (20) that dropped by one (1) because one of the firms stated to
remove them from the list and again the same fourteen (14) disadvantaged
business enterprise consultants. We got
back five (5) all of the preceding with the exception of Strand. They chose not to provide a proposal for providing
construction inspection services for the Telephone Road project and I would ask
that you take the same action for those five (5) proposals.
Don Williams: Okay. Do I have a motion?
Carl Conner: I would move
that we take the proposals on the Telephone Road construction inspection
services under advisement.
Don Williams: I will second
the motion. All in favor say aye. Motion carries two to zero.
Roger Emmons: Thank
you.
Capital Improvement Plan
Roger Emmons: The next item
for discussion is the Capital Improvement Plan and I copied Martin and Martin
and I think probably Rick…
Richard Martin: I haven’t
seen it. I’ve been out of the office
most of the week.
Roger Emmons: Charlie did
review it and he told me in the office last week that it appeared to be fine
with him. Mr. Kixmiller provided an
ordinance number for the amending ordinance.
If you would like to enact that which we need to do prior to the November
EDIT distribution. I mean you could wait
to your next meeting. It may be the
middle of November before we get that distribution if you would like to take a
little bit longer to review the amended Capital Improvement Plan.
Carl Conner: I personally
have reviewed the copy of the revision that you had sent and I feel like there
was a great deal of time and effort put into it. I think it pretty much meets what I feel like
are the present and future needs that we are addressing in the community
whereby we would look for funding out of EDIT monies. So, personally I would be ready to vote on it
tonight if Don is in favor of doing.
Don Williams: Give us the
number and let Carl make his motion.
Roger Emmons: The ordinance
number is 2004-14.
Carl Conner: I would move
that we approve the Capital Improvement Plan by the adoption of Ordinance
2004-14.
Don Williams: I’ll second
the motion. All in favor say aye. Motion carries two to zero.
Roger Emmons: I would ask
Rick. Should we read that
ordinance? It’s a two-page
ordinance. It wouldn’t take long.
Richard Martin: I think for
the record go ahead and read it. We have
to publish it before it is effective anyway, don’t we Roger?
Roger Emmons: Charlie told
me that because there are no penalties on this we would not.
Richard Martin: You are
right. Go ahead and read it just for the
record.
Roger Emmons: Warrick
County Commissioners Ordinance 2004-14.
An ordinance of the Board of Commissioners of the County of Warrick “the
Board” relating to the amendment of the Warrick County Indiana Capital
Improvement Plan adopted June 26, 1989 and as amended August 28, 1989; October 23,
1989; March 25, 1991; February 10, 1992; February 8, 1993; August 22, 1994;
March 13, 1995; December 14, 1998 and January 16, 2002. Dates hereinafter referred to as prior
amending dates. Whereas, the Warrick
County Capital Improvement Plan adopted June 26, 1989 as amended on the prior
amending dates was adopted by the Board by its passage of County Commissioners
Ordinance 1989-9 on June 26, 1989 as amended by the Board by passage of County
Commissioners Ordinance 1989-16 on August 16, 1989; by motion on March 25, 1991
by its passage of County Commissioners Ordinance 1992-4 on February 10, 1992;
by motion on February 8, 1993 by its passage of County Commissioners Ordinance
1994-18 on August 22, 1994; by its passage of County Commissioners Ordinance
1995-7 on March 13, 1995; by its passage of County Commissioners Ordinance
1998-16 on December 14, 1998; and by its passage of County Commissioners
Ordinance 2002-11 on January 16, 2002 and
Whereas, there has been presented this Board for its consideration in
amended form of Capital Improvement Plan which amended form of plan has been
approved by the attorney representing the County and complies with the
provisions of Indiana Code 6-3.5-7. Now,
therefore it be ordained by the Board of Commissioners of the County of Warrick
as follows: Section 1: The Board hereby amends the Warrick County
Indiana Capital Improvement Plan adopted June 26, 1989 and as amended on the
prior amending dates in the form presented to this meeting and dated October
27, 2004. Section 2: Two (2) copies of the attached Amended
Warrick County Capital Improvement Plan adopted June 26, 1989 and as amended on
the prior amending dates shall be kept on file in the office of the Warrick
County Auditor for public inspection.
Section 3: This ordinance shall
be in full force and effect from and upon compliance with the procedures
required by law. The foregoing was
passed by the Board of Commissioners of the County of Warrick this 27th
day of October, 2004. Signature blocks
for the Commissioners and attest by Mr. Kixmiller.
Richard Martin: Thank you,
Roger.
Don Williams: We just
approved that did we not?
Richard Martin: That was just
a reading.
Roger Emmons: Do they need
to in their motion suspend the rules and act on it on the night of
introduction?
Richard Martin: Yes.
Roger Emmons: I think
that’s the correct motion and I think after you’ve passed that motion then you
actually have a motion to approve the ordinance.
Richard Martin: So, we
probably need to go back. You are
right. That’s correct.
Don Williams: What’s the
first thing we need to do?
Roger Emmons: Just suspend
the rules.
Richard Martin: A motion to
suspend the rules so you don’t have to have the second reading.
Roger Emmons: If it’s
unanimous you can do that. If it’s not
it has to go to the second one.
Don Williams: Can we do it
with Commissioner…
Richard Martin: Can we still
do it with only two Commissioners here?
Sherry Phillips: It says
“unanimous.”
Richard Martin: I think they
all three have to be here to do it unanimous.
So, we probably have to have a second reading at the next meeting,
Roger. I don’t think we can actually do
it tonight.
Don Williams: I think he is
right.
Sherry Phillips: I think so
too.
Roger Emmons: We’d better
call Phil out of his sick bed.
Richard Martin: Is that going
to be in time…I think you said we could do it at the next meeting? We could have a special meeting just to
approve that if we wanted to or we needed to.
Roger Emmons: That’s
true. Your next meeting is scheduled for
November 10th. Now, of course
the 17th and the 24th.
The 24th is the day before Thanksgiving. In case you should chose to cancel that
meeting you could have a meeting on the 1st Wednesday of November
which would be the 3rd.
Carl Conner: Why can’t we
do it November 10th?
Roger Emmons: You can.
Don Williams: I’ll be
here.
Roger Emmons: So, given
that they’ve already approve it properly because we are not going to do it on
the night of introduction it has to go to the next meeting.
Don Williams: Right.
Roger Emmons: Okay. So, that motion is passed?
Richard Martin: Yes.
Don Williams: 2/0
Richard Martin: We’ll have a
second reading at another…put it on the next agenda.
Cost Estimate – Draining Lake at Gardner and Fuquay
Roger Emmons: Okay, let me
put my eyes on. I believe the next item
a cost estimate of draining the lake at Gardner and Fuquay, I’m going to turn
that over to Steve.
Steve Sherwood: That would be
me. I’ve done an Engineer’s Estimate as
requested at the last Commissioners meeting.
Using County rates for labor and equipment at the Highway Department, I
came up with an Engineer’s Estimate of Twelve Thousand Fifty Two ($12,052)
Dollars using County forces. That’s a
maximum figure not to exceed. It might
ending up being less, but that’s my Engineer’s Estimate. I also went and sought an outside contractor
just to see how we were competing and got some figures. I got one estimate of Fifteen Thousand Three
Hundred and Twenty ($15,320) Dollars using a private contractor. So, we are fairly close. But those are the two figures or the one plus
the additional one that I got for you for your consideration. I would probably recommend we wait until we
get the appraisals back before we take action on that just to make sure that
the investment would be worth…
Carl Conner: If there is
going to be sufficient payback on Twelve Thousand ($12,000) Dollars.
Don Williams: Well, I…the
condition of that dam and the fact that that dam leaks, my personal thoughts is
and the possibility of flooding out that resident next there that I think we
ought to go ahead and get that lake drained.
Steve Sherwood: There is a
potential liability out there as we discussed.
Several speaking.
Carl Conner: We can we
expect to have the appraisals?
Steve Sherwood: The appraiser
said he would be back in town…the head of the appraisal firm was out until
early November…was that?
Roger Emmons: Yeah, I would
think that we would have it back by the first meeting in November.
Steve Sherwood: November 10th.
Carl Conner: And that dam
has been there how many years?
Roger Emmons: Quite a
number of years.
Carl Conner: It’s been
there a number of years.
Steve Sherwood: Since we’ve
owned it in ’99.
Carl Conner: Did they give
any indications at all, Steve that the value of that real estate would increase
to any degree if the lake is drained and filled in?
Steve Sherwood: She indicated
to Roger and I it would increase. I just
don’t have a figure. But she did say it
would go up if that was to not be there.
If it was to be removed it would increase, but she didn’t say how
much. But it would be favorable, but I
don’t know how much. She didn’t quote
that. We asked her to evaluate it both
ways. That’s why we are waiting for the
return paperwork.
Carl Conner: How many
weeks are we looking at doing it in-house?
Steve Sherwood: Just under
two (2) for everything. That includes
draining it and then the dirt work will take about three (3) to five (5) days
and then we got one (1) or two (2) days of final grading, seeding and strawing
and putting in erosion control measures.
Carl Conner: And really we
are not incurring any actual cost or exchange of dollars if we are going to do
it in-house because that fact that labor is being incurred anyway.
Steve Sherwood: You just need
to speak with the Highway Department in how it fits in with their schedule and
then we would have to make arrangements with the landowner who wrote the letter
with the concerns because we would have to cross that property with hoses to
pump the lake dry.
Carl Conner: Vern, do you
mind coming up here for a second? If we
would decide to go ahead and do it in-house do you have any idea in regards to
a time table?
Vern Bulcher: I couldn’t
quote you a definite time table. The
weather would come to play in it probably this time of year. I would foresee where we could continue our
progress in Lakevale at the same time take on this other project.
Carl Conner: So, we’re not
going to have to shut that project or any other ones down?
Vern Bulcher: I wouldn’t
anticipate it.
Steve Sherwood: In my
estimate I am figuring two (2) to three (3) men so basically it would be a
dozer operator and general laborer.
Carl Conner: What is your
opinion, Vern in regards to us doing it in-house?
Vern Bulcher: I would think
that we should definitely consider that as probably option number one. It would in my opinion save the County money
as opposed to going to a single party.
Carl Conner: That’s all
the questions I have.
Don Williams: Thank you.
Carl Conner: Thanks
Vern. Would you like a motion?
Don Williams: Yeah, go
ahead.
Carl Conner: I would move
that the County Highway Garage go ahead and start work on that lake draining
the lake and filling it in next to the EMS station there are Gardner and
Fuquay.
Don Williams: I will second
that motion. All in favor say aye. Motion carries two to zero.
Steve Sherwood: If I may add
that I guess Roger if you would contact the gentlemen with the letter and tell
them our proposed plans, have them sign a temporary right of entry so when they
cross his property with the hoses make sure he understands our intent to resolve
the situation and what we need to do to accomplish it. As soon as we have that then I recommend they
proceed.
Tanglewood Subdivision
Roger Emmons: The next item
for discussion is Tanglewood Subdivision which has been continued for
awhile. I believe it’s at this meeting
where Bill Bivins is here and was supposed to bring in Mr. Murphy to discuss
the possibility of installing some time of low water crossing the legal drain
to take the construction traffic out of Tanglewood Subdivision.
Bill Bivins: Bill Bivins
for Murphy Homes, Inc. Mr. Murphy is
attending a funeral this afternoon and was not able to attend, but he has a
letter for you gentlemen which states that the bridge will be his number one
priority this spring. There will be some
construction there this winter on houses.
There will not be any road construction going on and this time of year
you cannot get compaction to do any road construction and from the meetings
with the Drainage Board earlier today and with the County Surveyor concerning
drainage she really felt that construction, low water construction or tensity
crossings in the ditch was unappropriate mainly because we are going to have to
slope back the ditches on both sides…banks on both sides which will cause
problems with the rule five as far as the County is concerned is silt. As I say we have the roads rocked out
there. There only type of construction
work now will be supplies for houses that are to be built over the winter. The first thing in the spring, Mr. Murphy will
start the bridge and here is a copy of the letter for you.
Don Williams: Just give it
to Roger.
Roger Emmons: Thank you.
Don Williams: I assume
that’s the same one the Drainage Board got?
Bill Bivins: Yes, it
is. The only other item I have is last meeting I
was accused of lying to this Board concerning the construction phases of the
subdivision and I have copy of the minutes of the Drainage Board, the
Commissioners meeting and the Area Planning Commission which I wish to present
to Mrs. Knight who accused me of lying which states exactly what we said at
those meetings.
Sandra Knight: Deliberately
misleading. There’s a big
difference.
Several speaking.
Don Williams: If you two
need to discuss things you need to take it out.
Okay? Any other discussion? Mr. Johns?
Joe Johns: Joe Johns at 844
Tanglewood Drive. Mr. Bivins just made a
statement at this time of the year you can’t do any more compaction and road
construction. Well, what was they doing
yesterday when there was approximately fifty (50) or more dump truck loads and
gravel come through? This is this time
of the year and they may be able to go on with this weather holding all the way
through December. Like I said, he just
told you gentlemen that at this time of the year you can’t do anymore
compaction and road construction but they were doing it yesterday. I don’t understand this. Would you care to address that, Mr. Bivins?
Bill Bivins: The
compaction test on the road were taken last week and they passed and yesterday
we were putting rock on the road we were not doing compaction tests.
Don Williams: Would anyone
else like to address the Board with this issue?
Sir, you have some things you would like to say?
Sandra Knight: Yes.
Don Williams: If you would
give us your name and your address.
Lawrence McCoy: Lawrence
McCoy. I’m not afraid to talk into one
of these things.
Don Williams: And give me
your address, sir.
Lawrence McCoy: 7700 Briar
Court.
Don Williams: Okay. Go ahead.
Thank you.
Lawrence McCoy: First off I
want to say one thing the trucks…not only trucks but graders and backhoes come
by my house, drop off mud they hit those rough spots and drop mud off in my
yard and my street. I have to go out and
pick it up and throw it up in my yard to keep cars and dust all the time when
they go by with their trucks and they told me that were gonna rework our
Tanglewood Drive. He said we’re gonna
throw more gravel down. It gets up all
over the driveway and my yard is a blockage spot for the gravel along the curb
and everything gets hung up in that gravel and I’m just wanting to know why we
have to put up with this kind of stuff down there? There’s heavy trucks going by all hours of
the day even early in the morning those graders and things go by there and they
make a heck of a racket. I don’t live in
a cheap house and my windows will rattle at times from them. Is there anything that can be done with this?
Don Williams: Mr. Bivins,
the graders are they done or not?
Bill Bivins: To my
knowledge there are no graders running up and down there. They have been hauled in. They were there probably three months
ago. They have been out there. Maybe Mesker might have driven one in there,
but it’s not something that happens every day.
You know and back hoes there’s been construction backhoes in there from
Vectren, but they come in on trailers.
All of the backhoes out there I haven’t seen any.
Don Williams: Is there more
planning on coming in out there?
Bill Bivins: Not to my
knowledge. The only thing I know that
might happen is that some of them might leave because they are basically
through with all of it, but they will taken out on trucks on trailers.
Don Williams: Okay.
Lawrence McCoy: Do you want
me to…?
Don Williams: Sir, you need
to address us.
Lawrence McCoy: Do you want
me to take pictures of all of this all the time? Because I could sure do it.
Don Williams: I’ve been out
there a couple of times. I am aware of
the rocks and the dirt so I don’t need pictures. Maybe Mr. Conner does.
Carl Conner: I’ve been out
there to that subdivision several times.
I don’t need any pictures.
Don Williams: We do see
it. We don’t need pictures.
Lawrence McCoy: You do see
dirt on the road and that big chunks?
Don Williams: Especially
out by Ms. Knight’s house I saw a lot of dirt one time. So, yes.
Lawrence McCoy: Thank you for
listening to me. I know it…thanks.
Don Williams: You did fine,
sir. Thanks.
Steve Sherwood: Just to touch
base on the other issue that was addressed last week, I did take the Highway
Superintendent out to the drain that was specified and he looked at it with his
District Foreman and I believe it is going to be worked on.
Don Williams: Also, I can’t
remember if I told you or not but I would like that bridge that goes
through…the current bridge in the Tanglewood Subdivision I would like for that
to be inspected by your forces.
Steve Sherwood: I spoke with
my assistant who was at the Drainage Board meeting.
Don Williams: We’ve had
reports that that bridge was cracked and I would like to have it checked
out.
Steve Sherwood: We will check
it this week and give it a full inspection and produce any photographs if
anything turns in.
Don Williams: This may not
be the appropriate time or place but it’s a public meeting. You know we are looking at you know the
situation of getting in and out of there.
If it was something that was temporary could there not be gabions and a
steel bridge of some kind made? Thank on
it. If we would, just think of any
possible solution. I do appreciate the
developer committing to do it in the spring and we really want to hold him to
that.
Steve Sherwood: The
contractors I have worked for the state have done similar issues, but again…
Don Williams: You might
remind him that is important and it be done and he keeps his promises because I
have heard that he doesn’t always keep his promises. That’s just what I have heard and that could affect
extensions and everything else he is going to be wanting. So, make sure he gets that taken care
of. Because we are at a point we’re
wanting something done as you are well aware of. You know the residents out there want it done
yesterday. He wants it done tomorrow and
we would like it done today. So, you know
we understand that. Ms. Knight, you have
something you want to say?
Sandra Knight: Yes. Sandra Knight, 7766 Sandalwood. Just some clarifications on what it is that
has been stated is going to be done next spring. Can we have a year in there on when we are
supposedly getting this bridge installed and that the roads will be completed
in order for them to use that as a construction entrance? Because generalities haven’t done us any
good.
Don Williams: Do you mean
what is the definition of what he means by next spring? Is that what you are asking?
Sandra Knight: In the
spring.
Don Williams: We are
looking at April, May time frame to start?
Bill Bivins: Yes, late
April, early May.
Don Williams: Because
that’s usually when construction starts.
Bill Bivins: And it does say “2005” in his letter.
Sandra Knight: It does say
“2005?” And then that will be a construction entrance that will be accessible?
Don Williams: If you want a
copy of that letter it is public record.
Just ask for it. We may charge
you a few cents for copying it for you, but you are welcome to it.
Sandra Knight: Okay. I have a few cents. So, still that hasn’t been answered. That is going to be used as a construction
entrance then when that bridge is put in then the road needs to be connected
because that is not done right now?
Don Williams: That’s
right.
Sandra Knight: They have
stated that the roads are put in. Well,
there is a road, but it is not the road that they are going to gain access into
their subdivision.
Don Williams: With the
bridge put in with the understanding at least that is my understanding. I don’t know if it is Commissioner Conner’s
or not that when that bridge it put in the roads will be immediately connecting
to it. You probably want to address
that, Mr. Bivins for public record.
Bill Bivins: That is the
only purpose of putting the bridge in is to connect the roads. So, that is what we will do connect the roads
at that time.
Steve Sherwood: I think for
clarification, Mr. Bivins correct me if I am wrong, whether the section is
platted or not that the roads will run through to…
Sandra Knight: Thank you.
Steve Sherwood: …connect
these roads…
Sandra Knight: Thank
you. Thank you.
Steve Sherwood: …so the
bridge will provide that access so won’t have to come through Tanglewood Drive
for construction purposes.
Steve Sherwood: Is that
pretty sufficient?
Bill Bivins: That’s
correct.
Sandra Knight: Okay, because
right now what we are working on is Phase I, II before we get down to four
before they ever intended to connect the road and the bridge.
Don Williams: Now you
understand we understand your concerns.
I mean I realize we are not acting as quickly as you would like us to,
but we are going to do everything we can.
Sandra Knight: Just having
is clarified helps.
Don Williams: Okay.
Sandra Knight: And then when
the time comes and it’s not done what do we have to do then? Because we were told two years ago that they
would be using that entrance up front and work their way back and eventually
connect into Sandalwood and its been done just in the reverse.
Don Williams: I agree.
Sandra Knight: So, what do
we do?
Don Williams: Well, I think
we cross that bridge when it happens.
Sandra Knight: If the bridge
is there.
Don Williams: That’s right
if the bridge is there.
Sandra Knight: Thank you.
Don Williams: I don’t know
Mr. Murphy. Mr. Bivins usually does what
he says he will do.
Sandra Knight: Uh um.
Don Williams: Anybody
else? Roger, next item?
AUDITOR:
Roger Emmons: I think the
next section is for Mr. Auditor.
Claims
Richard Kixmiller: Yes, we had
claims in the amount of One Million Four Hundred and Four Thousand Eight
Hundred and Seventy Eight Dollars and fifty one cents ($1,404,878.51) to
present tonight.
Don Williams: Mr. Conner,
do you have any comments?
Carl Conner: I have no
questions in regards to the submitted voucher.
Don Williams: Me
neither. Do I have a motion?
Carl Conner: I would move
that we would approve the claims in the amount of One Million Four Hundred and
Four Thousand Eight Hundred and Seventy Eight Dollars and fifty one cents
($1,404,878.51).
Don Williams: Okay, I’ll
second that motion. All in favor say
aye. Motion carries two to zero. Next item is payroll claims.
Payroll Claims
Richard Kixmiller: We have
payroll claims in the amount of Three Hundred and Twenty Three Thousand One
Hundred and Ninety One Dollars and eighty six cents ($323,191.86) to
present.
Don Williams: Okay, do I
have a motion?
Carl Conner: I would move
that we approve the payroll claims in the amount of Three Hundred and Twenty
Three Thousand One Ninety One eighty six ($323,191.86).
Don Williams: I’ll second
that motion. All in favor say aye. Motion carries two to zero.
ADMINISTRATOR:
Don Williams: Mr.
Administrator?
Roger Emmons: Thank you,
Mr. President.
Stonehaven Area Sewer
Roger Emmons: The Stonehaven Area Sewer Karl Tanner, the Project
Manager has emailed me a few days ago saying they are nearing completion of the
draft compliance plan. But, he wants us
to keep in mind that we’ll need to have a public hearing where the recommended
plan has to be presented. We have to
give public notice fourteen (14) days prior to the hearing so he says we ought
to be looking at placing a notice around the middle of November. That’s just for your information.
Don Williams: Do you want
to tickle that?
Roger Emmons: Pardon me?
Don Williams: Do you want
to tickle that? Put it in your tickle
file so it will come back up when we need it?
Roger Emmons: Yes. He did send me some other information that
you know they are still working on the preliminary engineering report and he
thinks they are getting far enough along and into the details that we should
probably schedule a planning session. He
says they’ve looked at three sewer layouts and have one recommendation, but he
didn’t give me the recommendation. Some
things to consider who do we anticipate will own and operate the collection
system? Well, that’s most likely going
to be Boonville. And if Rick knows
anything about…I’ve sent emails about the Interlocal Agreement between the
County and Boonville. I don’t exactly
where that is at this time.
Richard Martin: I drafted one
up several months ago I think and sent it to the City Attorney and I guess put
it on the back burner so we can kinda get that moving along again.
Roger Emmons: Does that
agreement…and I know that if Boonville takes over the system and Mr. Tanner
says that answers a lot of questions that would regard the operation, the
maintenance and the buildings. Would
that be within that Agreement?
Richard Martin: That would
be, yes.
Roger Emmons: Okay. They also want to know if individual grind
pump stations would they be donated to the homeowners to own and operate? That would be on the east end of Lover’s
Lane. I don’t know the answer to that
question. I guess that would be
something to talk about in the planning session.
Don Williams: You know I think
we need to do some discussion with the consultant on that because that is the
first I have heard of that issue.
Roger Emmons: He is
recommending at that session it just be representatives from the Homeowner’s
Association and the Commissioners.
Don Williams: Are we
talking one per household, one for so many square feet or…?
Roger Emmons: I will have
to get some clarification on that.
Don Williams: So many homes
or…? We don’t know? Okay.
Roger Emmons: He’s not
said.
Don Williams: Okay.
Roger Emmons: Other than
that I believe that’s all that I have on Stonehaven at this time. I do have a couple of other items if I
may?
Don Williams: Why don’t
we…we can’t really adjourn because I don’t have another Commissioner here to
second the motion to adjourn. He had
some personal business to take care of the emergency nature so we’ll just wait
a few minutes.
Steve Sherwood: I have a
couple of announcements if you would like.
Don Williams: Okay. Make your announcements there, Mr. Sherwood
unless Mr. Conner needs to be here for them.
Steve Sherwood: No, I just
want to state that the Lynch Road Project looks like it is going to be awarded
very soon. I have been in contact with
Vanderburgh County Engineer, John Stoll.
I told them we have our money secured for the twenty (20) percent
match. I am getting some information
from our consultant regarding what we’ve spent in preliminary engineering, right-of-way
engineering, right-of-way services, right-of-way acquisition and potentially
wetland mitigation if it applies too towards out match in efforts of reducing our
twenty (20) percent match as little as ten (10) percent match per INDOT
Commissioner, Bryan Nichols. So, that is
going underway. We do have the money to
put up and in the bank account and I am waiting for the information as when to
have you all forward that letter.
Don Williams: Okay, next
item.
Steve Sherwood: Our Federal
Aid Bridge Project, Bridge 43 and 44, according to federal guidelines this is
similar to what we had to do for Hiem Road.
Roger, you will remember it clearly that we had to post it 35 MPH
because the minimum speed limit for federal aid project is twenty (20) miles
under the 55 MPH so if the Board would allow me to I need to declare that Seven
Hills Road be posted 35 MPH from basically Schultz Road to Wasson Road would be
the parameters of that posting and they said it needs to be posted soon.
Don Williams: Back towards
where the bridges are is where you are going from?
Steve Sherwood: Yes.
Don Williams: Okay. You need a motion on that tonight? Is that what you are asking for?
Steve Sherwood: Please, if
the Board would so consider.
Carl Conner: I would move
that we accept the County Engineer’s recommendation to establish a 35 MPH between
Schultz and Wasson Road.
Don Williams: I’ll second
that motion. All in favor say aye. Motion carries.
Carl Conner: And that’s on
Seven Hills, right?
Steve Sherwood: Seven Hills
Road between Schultz and Wasson.
Don Williams: Have we had
any discussions with the Army Corps of Engineers or IDEM or any of those
people?
Steve Sherwood: Preliminary
discussions last week with the Corps are favorable. They were taken to the site. They were most impressed with the thirty (30)
acre wetland mitigation site. We don’t
anticipate any problems. The DNR may be
a bit more unruly at this point, but we believe in talking with the…going above
the head of the field ladies with the internal office they don’t think it’s
going to be a problem. I cautioned both
of them that with the current thirty (30) acre site that the landowner has
already extended the option verbally to the end of this year and our condition
for buying the thirty (30) acre wetland was the permits being approved and gone
through. So, both the Corps and DNR they
don’t want to lose the site. They
understand that a permit will be necessary by the end of this year in order
that we don’t lose the site. So, I think
it is going to move through at this point, but we will wait and see.
Don Williams: I was under
the impression that the fella from IDEM…
Steve Sherwood: DNR.
Don Williams: DNR?
Steve Sherwood: Yeah. He wanted more critter crossings.
Don Williams: Could you
describe this critter crossing this gentleman is wanting?
Steve Sherwood: The critter
crossing in his estimation was a conduit through the roadway. He wanted them every two hundred (200) feet
so the snakes, salamanders and turtles would have a place to cross through the
roadway as opposed to going over it and they would not cause…in his terms “a
road of death.”
Don Williams: What about
the snake fence?
Steve Sherwood: And we had
to…not a fence, it was an actual eighteen (18) inch wall with a six (6) inch
lip so a snake couldn’t crawl over it and they would be forced to go to these
conduits.
Roger Emmons: You know if I
might comment we’ve had our consultants they know how ridiculous that is and
they’ve told us that the only thing that we can do is put pressure on you know
not only us to do it but these review agencies have got so much power now that
they can make us to ridiculous things like these which cost the taxpayers
additional funds for what…a critter crossing?
That’s ridiculous.
Steve Sherwood: That would
have to be approved by INDOT too since they pay eighty (80) percent of the bill
and I think that’s gonna fall when it gets to that level but they’ve already
spoke over this person’s head to his immediate superiors and they think that is
going to be relaxed.
Don Williams: This guy came
to Indiana from where?
Steve Sherwood: California
two (2) years ago.
Carl Conner: I’m just
curious to know that if we have to follow his guidelines, what are we talking
about in terms of tax dollars?
Steve Sherwood: We are
already at Three Quarters of a Million ($750,000.00) before we had to put in
his additional criteria.
Roger Emmons: That was
something like Three Hundred and some odd thousand dollars wasn’t it?
Steve Sherwood: Three
Quarters of a Million ($750,000.00) at this point for everything he wanted to
discuss but he wanted them every two hundred (200) feet and we only had two (2)
in a two thousand (2000) foot corridor.
Roger Emmons: Okay. I have a couple more items.
Don Williams: Okay.
Carl Conner: Do we have
the Sign-In Sheet?
Bridge 264 Project
Roger Emmons: Our
consultant on the Bridge 264 Project sent out a letter that we put on
Commissioners letterhead. It is the
right-of-way certification letter for that project. It basically states it goes to INDOT to their
Division of Land Acquisition that certifies that all right-of-way has been
acquired legally for the project. And so
I would request you approve that by motion for Don’s signature.
Carl Conner: And this is
in regards to the right-of-way…
Roger Emmons: Right-of-way
acquisition on 264.
Carl Conner: I would move
that we approve the letter relative to Bridge 264 right-of-way certification
for purposes of letting the President of the County Commissioners sign off on
that.
Don Williams: I will second
that motion. All in favor say aye. Motion carries two to zero.
Roger Emmons: One last
item. On annual bids we have an existing
contract with Metzger Construction Company for our bituminous materials
contract. I just received a letter of
authorization to extend their 2004 Bituminous Materials Contract to the Board
of County Commissioners of Warrick County dated November 27, 2002 to extend
that until the end of 2005…December 31, 2005. Original terms and conditions of
the current contract will apply should you approve the offer. Which I believe has merit and you know if you
want to as far as culverts and things like that if you want me to get those
ready for bid I need to be doing that.
But, this is the first offer we received on extending the current
contract.
Don Williams: In other
words the 2005 costs will be the same as 2004 costs in a nutshell?
Roger Emmons: Yes.
Don Williams: Any comments,
Mr. Conner?
Carl Conner: I have one
question. Did we not extend 2003 into
2004?
Roger Emmons: Yes, you did
and Indiana Code allows you to do that up to five (5) years.
Carl Conner: Okay. I would move that we accept the
recommendation of the County Administrator and sign the contract for one (1)
additional year up through December 31, 2005 with Metzger Construction
Company.
Don Williams: I’ll second
that. All in favor say aye. Motion carries two to zero.
Roger Emmons: Thank you
very much.
SIGN IN SHEET:
Don Williams: Okay, we have
the Sign-In Sheet. Mrs. Knight, do you
have anything additional you want to say?
Sandra Knight: Sure. Not they have specified 2005 spring is when
they are putting the bridge in and the road will be connected of course for
them to gain entrance then we understand that reconstruction of Tanglewood existing
roads will take place after that?
Don Williams: Go
ahead. It’s your district.
Carl Conner: My comment
was at the last meeting that we would be in there in 2005 that we would
reconstruct those streets and put in the appropriate drainage where necessary
and some of those streets we have already improved and I wish I could remember
the name of that on cul-de-sac that we had torn out and replaced. I support that and I think it has to be done. I mean you are sitting over there in some
situations where it is nothing more than gravel and that would be done in next
year’s construction season.
Sandra Knight: In 2005?
Carl Conner: Yes. Now, let
me make one other comment. That is my
commitment as a County Commissioner to have that done in 2005.
Sandra Knight: So, if by
chance then you are not re-elected then we have to get this started again?
Don Williams: With the new
guy.
Carl Conner: And I’m just
telling you that I can’t legally commit this body to doing what I am saying
that I will do if I am sitting here January 1, 2005 to be committed to it. That’s all I am saying. I just want you to have a clear understanding
of that.
Sandra Knight: So, that’s
something you will do if you are here.
It’s not like it is scheduled to be done?
Carl Conner: No, it’s not
scheduled.
Sandra Knight:
Regardless?
Don Williams: It usually
doesn’t get scheduled until the spring and we look at our resources then we
don’t just look at one road, that will certainly be in there, but we look at
all the work and then we submit a list of all the work that we are going to be
doing for appropriations from the Council.
Carl Conner: And I
apologize if that came off politically because I did not mean for it to come
off politically. I just wanted to be factual
with you.
Sandra Knight: Well, we are
concerned because apparently they have been given the right-of-way to come
through with the impression that the road is going to fixed anyway because it
is caving in. Excuse me. I am losing my voice.
Carl Conner: It’s as far
as I am concerned in terrible shape from the entrance I mean all the way
back.
Sandra Knight: And then a
little ways to the left and right. I
really don’t feel like we got an answer thought as far as the ceasing of the
traffic coming in and out. Them saying
there will be no more traffic that’s just absurd. Of course they are going to need their
supplies and ah…
Don Williams: The heavy
trucks are done and if you keep getting them give us a call or come and see
us.
Sandra Knight: We will call
you because they are coming in…supplies are coming in on semis.
Don Williams: They are
talking about lumber size trucks. That’s
what they are talking about.
Carl Conner: You know I’ve
been out there a couple of times, well I’ve been out there more than a couple
of times and I’ve been out there with the Sheriff on one occasion. Will you give me a schedule of when this
occurring? To be perfectly frank with
you the times that I’m out there I don’t see the heavy traffic…the heavy truck
traffic. I don’t see a lot of traffic in
general out there. Now, I’m not sitting
there at seven o’clock in the morning…
Sandra Knight: Right.
Carl Conner: And maybe
that’s when it is happening…
Sandra Knight: Right.
Carl Conner: And if you can
give me some time frames, I’ll be more than happy to go out there at those
times and re-evaluate what that situation is.
Sandra Knight: We addressed
times the last meeting several meetings when we spoke about the concerns of the
safety for the children who have to go back and forth to the bus stop four
times a day, twice in the morning and twice in the afternoon.
Carl Conner: So…
Sandra Knight: At six thirty
in the morning the kids are going to the bus stop and this traffic has already
started and come through. And again, an
hour later the elementary kids come through.
When they come home in the afternoon roughly three and three
thirty…
Carl Conner: Are we
speaking six thirty A.M. to like seven thirty or eight o’clock when this truck
traffic is coming through?
Sandra Knight: Sure and it’s
not limited to that. I’m telling you we
have discussed times as far as the kids coming to and from the bus stop.
Steve Sherwood: Just to
reiterate…
Sandra Knight: I wish you’d
been out there yesterday. It was
absolutely absurd.
Unknown Speaker: And I tried
to call you all yesterday.
Steve Sherwood: Just to
reiterate at one point we touched upon at the last meeting too when we go in to
reconstruct this roadway it is going to be difficult for them to move in and
out of Tanglewood because we only have the roadway and we’ll be working on it.
Carl Conner: Well, but you
know we’ve had those situations, Steve in similar…
Steve Sherwood: It can be
done.
Carl Conner: Right.
Steve Sherwood: And obviously
it would benefit the Highway Department if they had another way out when they
were doing it. It is easier on them and
easier on us, but we’ve done this before just so it’s out there.
Carl Conner: Fifty thirty
to eight? Okay, give me the other time
frames, please.
Sandra Knight: Two o’clock
on.
Carl Conner: Two o’clock
until…?
Sandra Knight: A lot of
times they clear out at two thirty, three o’clock.
Carl Conner: Two o’clock
to four thirty?
Sandra Knight: They’ve been
in there at seven o’clock at night before.
Unknown Speaker: Seven thirty,
eight o’clock…
Sandra Knight: Last night,
it was dark and they were still flying in and out.
Carl Conner: Okay.
Sandra Knight: I guess that
was their mad dash to hurry up and get that gravel stock piled back there so
they could finish in the section.
Carl Conner: And there’s
no specific days of the week, like Tuesday’s or Friday’s?
Sandra Knight: No, not
really.
Carl Conner: Okay.
Sandra Knight: No really.
Carl Conner: Okay, thanks.
Sandra Knight: When I get
there at two I know traffic continues to come in and out. That’s initially when I had called the
Sheriff the first time was when the semi came through with drywall like the
time the kids were being dropped off at the bus stop.
Carl Conner: Are they
doing any work on the weekends?
Sandra Knight: Oh, yah.
Carl Conner: So, are you
have truck traffic on the weekends also?
Sandra Knight: As far as the
deliveries, not so much supplies as personal vehicles and occasionally there is
somebody that comes in and drops something off and it is not near as heavy as
during the week.
Carl Conner: I appreciate
it.
Sandra Knight: Yeah. Thank you.
Don Williams: I believe
Brian left? Brian Dill he left
right?
Sandra Knight: I believe he
had an appointment he had to get to. So,
probably.
Don Williams: Mr. Johns, do
you have anything you would like to add?
Joe Johns: Just get the
trucks out of there as painless as we can.
Don Williams: We appreciate
both of those.
Joe Johns: I’m trying to
keep my temper in check this time.
Don Williams: Yeah, please
do because…
Joe Johns: Joe Johns,
7844 Tanglewood Drive, Newburgh. You
were talking about the dump trucks coming through my wife said the first one left
at five thirty in the morning, yesterday morning. I tried to call Mr. Emmons. I tried to call all the Commissioners. Nobody was in. I wanted somebody to come out and see because
it was different. In the past they’ve
run Elliot Truck, same driver, same truck, about eight (8) times a day. Yesterday, they had six (6) trucks coming in
nonstop. Three (3) coming in, three (3)
going out, three (3) coming in. The
neighbor next to me, the one you said we need to get Child Protection on the
children, she said it was twenty (20) come in, in two (2) hours, twenty (20)
one way. So, I’m guessing…and I counted
from one o’clock to one fifteen eight (8)…in fifteen minutes eight (8) dump
trucks come through one way. I am
estimating there were more than sixty (60) dump trucks come through that
subdivision yesterday. I tried to call
Mr. Heilman. I got the Sergeant on duty
for the day and he is a gentlemen and said you guys waived the weight limit and
there was nothing the Sheriff could do about stopping the traffic come through
regardless if they was over weight. I
had a bunch of stuff that shouldn’t even be brought up so I try to highlight
all the mean stuff I was going to say try to scratch it out before I started
speaking. I got a temper too and I
apologize to what I said to your secretary yesterday. I did mean it but I will apologize to
her.
Don Williams: Our secretary
by the way takes a lot of guff from the public and she is really a lady who
does a good job and she can’t do anything for you anyway except take your
message.
Joe Johns: But, it was
frustrating with dump trucks coming through nonstop…
Don Williams: I understand.
Joe Johns: And everybody
told me to call and I called Marvin and his answering machine said Marvin and
all I got was squelch. You couldn’t
leave a message with me. Anyway I spent
time recently reading campaign posters. They
are basically the same. I am
experienced, educated, committed to the people of Warrick County. I’ll cut government waste. I’ll improve highways and roads. I’ll support economic and residential
development. Why can’t the Tri-State law
enforcement enforce one little law in our subdivision? I don’t understand that. And if you gentlemen…and is it happening I
would think you would be interested enough to know why can’t they enforce a
weight limit on a County street? I would
be interested if I was in your position wanting to know why the State Police
can’t, the Department of Transportation won’t, Mr. Heilman says he can’t
because you all waived the right…that’s what the Deputy Sheriff there told me,
excuse me there no Mr. Heilman. And Mr.
Patton says the Sheriff won’t let him enforce it. Like I said, I think I would be interested to
know why.
Steve Sherwood: I think for
one point of record too if I may respond to that. I think all County roads are basically ten
(10) ton posted weight limit, but the Commissioners and the Highway Department
and the Sheriff’s Department understand that material has to move in and out
for a local delivery, development, whatever loads of concrete, loads of brick,
all that. So, I think it’s…
Joe Johns: As Mr.
Heilman stated in today’s story in the newspaper it’s a historic thing. The ways it’s always been done in the past,
but it is a violation of today’s laws.
Used to you couldn’t hitch a horse in front of the Court House too, but
like I said these are old laws. There’s
a ten (10) ton weight limit there. Mr.
Patton told me it is enforceable by law, but nobody will enforce it. Those dump trucks coming through there…the
small ones weigh over ten (10) ton and like I say sixty (60) come through
yesterday. My integrity is every much as
Mr. Bivins. I believe this
gentleman…Vern, were you and Jack Gore in the neighborhood talking to me
yesterday?
Vern Bulcher: Yes, we were.
Joe Johns: And like I
told them you can’t see what’s in that bridge now because there’s water under
it, but John King the Sheriff can tell you where it is leaking at because he
was there when it was bone dry. The
first little sprinkle we had and the water came through the bridge. Okay, let me get back where I was at. I’m not going to ask you again if you agreed to
weigh the weight limit on that road again.
I brought that up earlier.
Don Williams: We did not.
Joe Johns: Thank
you. I called the Sheriff’s Department
Tuesday and was told by the Sergeant on duty…that’s repetition I’ll skip over
it. The Commissioners agreed…where did
that go? If you all committed to the
people of Warrick County, why do you guys spend so much time telling me about
Mr. Murphy’s rights what he had the right to do? Why don’t somebody step up and defend the
people, the taxpayers of Warrick County.
Mr. Murphy he is not from Indiana.
He is from Illinois. Mr. Egle
came up on my porch the other day…the developer you know Mr. Egle? Are you familiar with him? He said Mr. Johns he said if you will quit
picking in the entrance in the subdivision he said Mr. Murphy is really
strapped for cash right now and he said if you will please quit picking at us
let us sale a few houses he can afford to put his bridge in. He couldn’t afford to put his bridge in but
he could afford to run sixty (60) loads of gravel through the next day and Mr.
Bivins said nobody was speeding. Mr.
Murphy’s Home Depot truck or whatever it was come through today right down the
middle of the road, did not stop at the stop sign straight back to the
subdivision. Like I said you should be
defending our rights. The taxpayers of
Warrick County helping us to stop him.
Make him follow the same laws and rules that we have to follow. If I was to speed down that street or run
trucks I would get a ticket. Skipping
through all the trash I had wrote.
Cutting government waste. You
speed over a Hundred Thousand Dollars ($100,000.00) to put a bridge in
Tanglewood just a few years ago, now we have a developer from Illinois tear it
up repeatedly running over weight trucks over that bridge. Improving highways and roads. Mr. Murphy and Mr. __________ have done one
heck of a job of improving ours thanks to our growth and residential support
and economic development. Why grow when
you can’t take care of and protect what we already have? Why put in more streets, more houses when we
can’t protect those people or we can’t manage to maintain the streets? You give the go ahead to develop a property…I
don’t know that I ought to be addressing this to Area Plan Commission, but this
is good a place as any…to develop a property that you know from past practice
that field floods. Almost every year
that’s in the Sandals. Maybe some lucky
Warrick County taxpayer will buy one of these houses. I hope they remember to thank you when they
flood out. I assure you I think of you
every time it rains. Thank you for your
time.
Don Williams: Thank you Mr.
Johns. Mr. McCoy? Mr. Lawrence McCoy?
Steve Sherwood: He is no
longer in here.
Unknown Speaker: I didn’t sign
in.
Don Williams: Come on up,
Don.
Don Motley: Don Motley,
6222 Yankeetown Highway. I know in the
past that loggers, different ones have had to come before the Commissioners and
place bonds on these roads. If you know its
Elliot Trucking or Material Transport, what’s the possibilities of requiring a
bond through that subdivision so that the taxpayers won’t hold the burden of
doing the repairs if these over weight trucks are causing the damage? And I know that you’ve done this in the past
on some other roads where there’s been bond required. And if you know the trucking firm and say okay
we have a ten (10) ton load limit but if you damage these roads because you are
running over ten (10) ton then we are going to hold you responsible. That’s just a suggestion from a
taxpayer. Thank you.
Carl Conner: Thanks,
Don.
Don Williams: Okay, one
last time. Is there a Mr. Lawrence
McCoy? I am assuming he is not here.
Unknown Speaker: He went
home. He told me he was leaving.
Don Williams: Mrs. Ellen…I
can’t read the last name. Can you read
that last name? I can’t read that even
with my glasses.
Carl Conner: It looks like
“Newton.” “N-E-W-T-O-N?”
Unknown Speaker: She’s gone.
Don Williams: She’s
gone? Okay.
COMMISSIONERS ITEMS FOR
DISCUSSION:
Don Williams: Commissioner
Conner, do you have anything for the Board?
Commissioner Conner: I just have
one quick question for the County Engineer since he had requested that we
establish a 35 MPH limit. Steve, have
you looked at the speed limit on Ruffian Lane between basically Bell Road and
Frame Road? I’ve received a number of
complaints about speeding and I drove through there yesterday afternoon just to
take a look and I don’t think that we have any signs posted.
Steve Sherwood: I believe you
are right. We evaluated that a couple
years ago at the last complaint. I would
be happy to evaluate it again.
Carl Conner: Well, what
speed limit were we looking at the last time that issue came up?
Steve Sherwood: That was
before we reconstructed it too. And it
was pretty rough concrete and that kind of held the speed limit down. As you know, we totally reconstructed that as
asphalt and that’s what’s picking up the speed out there again. We do have the stop signs there at
Secretariat, but we’ll evaluate it.
Something less than thirty (30) would probably be appropriate. It’s one of those roads that you know all
roads are 30 MPH unless posted otherwise and that’s what that is thirty (30),
but we’ll look at evaluating it again.
Carl Conner: Well, I would
appreciate it because when I was out there yesterday taking a look for those
signs I probably couldn’t have been run over pretty easily. I mean they are not watching or at least
while I was there they are not watching their speed while I was there and what
is making it a worse situation now than normally is the fact that we have the
highway partially cut off and there’ a lot of people traveling through
there.
Steve Sherwood: That’s part
of the reason too because looking at it if want to do a traffic count analysis
first they are going to be high because of the construction on 66. Once the construction ceases on 66 it should
get back to normal. But, again we’ll
take that under consideration as we evaluate it for proper posting.
Carl Conner: I would
appreciate it. Can you give me some kind
of time frame when you could let us know?
Steve Sherwood: I should have
that for you by the Commissioner meeting on the 17th regularly
scheduled Commissioner meeting.
Carl Conner: Okay. I appreciate it. Thanks, Steve. That’s the only comment I had, Don.
Commissioner Williams: I have
nothing. Do you have anything Mr.
Attorney?
Richard Martin: No, I have
nothing.
Don Williams: Mr. Auditor,
do you have anything else? Mr.
Administrator, anything else?
Roger Emmons: No, sir.
Don Williams: I will
entertain a motion.
Carl Conner: I would move
that we adjourn.
Don Williams: I’ll second
that motion. All in favor say aye. We are adjourned.
WARRICK
COUNTY COMMISSIONERS
______________________________________
DON
WILLIAMS, PRESIDENT
ATTEST:
______________________________________
____________________________________________ CARL CONNER, VICE PRESIDENT
RICHARD KIXMILLER, AUDITOR
WARRICK COUNTY, IN ______________________________________
PHIL
BAXTER, MEMBER