VANDERBURGH COUNTY BOARD OF COMMISSIONERS JULY 31, 2018

Transcription

1 The Vanderburgh County Board of Commissioners met in session this 31 st day of July, 2018 at 3:04 p.m. in Room 301 of the Civic Center Complex with President Bruce Ungethiem Presiding. Call to Order President Ungethiem: Good afternoon. I would like to welcome you all to the Vanderburgh County Board of Commissioners meeting for July 31, Attendance Roll Call President Ungethiem: Madelyn, could you call attendance please? Madelyn Grayson: Commissioner Shoulders? Commissioner Shoulders: Here. Madelyn Grayson: Commissioner Musgrave? Commissioner Musgrave: Here. Madelyn Grayson: President Ungethiem? President Ungethiem: Here. Having three members present, we do have a quorum. Pledge of Allegiance President Ungethiem: Would you please stand and join me for the Pledge of Allegiance. (The Pledge of Allegiance was given.) President Ungethiem: Thank you all very much. Commission President Comments President Ungethiem: We ve got about a week or so before school starts. That s amazing, that school s going to start the first week in October, or the first week in August, but I think it will start. So, I don t see any school folks here today, but hopefully in the next week or so we ll have some more people join us. Resolution CO.R : In Support of an Additional Judicial Officer President Ungethiem: Let s move on to action items. The first action item is Resolution CO.R , and this is a resolution in support of adding an additional Vanderburgh County Superior Court Judicial Officer. I think Judge Trockman wants to give us an update of the reasoning behind this. Wayne Trockman: I would. Thank you, President Ungethiem, Members of the County Board of Commissioners. Wayne Trockman, Vanderburgh Superior Court. Actually, Commissioner Musgrave and I have had several conversations about this issue. And, just a very quick overview, in 2015, the Indiana Supreme Court did a study of all 92 counties, and the judicial resources in those counties. They report, they issued a report in Vanderburgh County ranked the second county most in need of additional Judicial Officers. They found that Vanderburgh County was six and a half, approximately, Judicial Officers short of what we need, and that the Judicial Officers that we have are doing the work of about 1.8 Judicial Officers, as the Supreme Court defines the amount of work that

2 Page 2 of 12 a Judicial Officer should be doing. That report was updated in We improved to tenth, and that was because Circuit Court requested, through the legislature, an additional magistrate, and were granted a magistrate. So, that helped our numbers. We re down to doing the work of about 1.4 or 1.5 Judicial Officers each. The Circuit Court Magistrate helped Circuit Court quite a bit. And, we believe that another magistrate can, but that magistrate does no work in Superior Court, and our numbers were basically the same as Circuit Court. And, so, I have made a request of the legislature to consider paying for a new magistrate for Vanderburgh County Superior Court, beginning in, it would begin in July of The study committee that meets to review these requests, is the Committee on Courts and the Judiciary. They meet in either the first or second week in September. The date has not yet been announced, but they, that committee makes a recommendation to the legislature, once a bill has been introduced. Vaneta Becker is going to introduce the bill for us in the Senate, and Wendy McNamara is going to introduce the bill for us in the House. The committee, and our two sponsors, require a resolution from the Commissioners, acknowledging the need, and stating that you will support this additional Judicial Officer, if one is granted, in terms of space, equipment, and any other support that that Judicial Officer may need. In your instance, it s simply going to be office space, and we do have one additional office in our magistrates suite, and that magistrate would occupy that office. So, what I am requesting is that you consider a resolution recommending that a magistrate be appointed to Vanderburgh County. Again, the magistrate s full salary and benefits, if we re successful, are fully paid by the State. We re going to need one additional support staff, a Court Reporter, because none of our magistrates have Court Reporters. We re making that request tomorrow morning, of the Vanderburgh County Council. We expect to be successful. So, that is our request, and that is a resolution supporting the adding of an additional magistrate to Vanderburgh Superior Court. President Ungethiem: Okay. Thank you very much. Any questions for Judge? I have a question, you say we re six and a half people short, and we re adding one. Does that mean we ll still be five and a half people short when we re done? Wayne Trockman: That, yes, exactly. President Ungethiem: Should we be, then that leads to the next question, should we be asking for more? You know, instead of going to the Statehouse Wayne Trockman: Commissioner President Ungethiem: --once, and asking for one, should we ask for two? Commissioner Shoulders: Or six and a half? President Ungethiem: Or six and a half? Wayne Trockman: Commissioner Musgrave was very forceful on this same issue, and I agree, but I also know the realities. We ve followed what the legislature has done for other counties in our situation, and what we can reasonably expect is one magistrate. Now, I think that the State would consider another Judge, which would be great, because a Judge would come with a full staff, but then that would require the county to build a new Judge s office, a new courtroom, and all of the amenities that come with that, including the three employees that staff a Judge s office. Those expenses fall on the county. I don t think that we would be successful right now in asking Council for the well, just the, I asked Teri Lukeman to give me the cost of the three employees in my office, and it exceeds $300,000, with benefits, pay, etcetera. That s not a surprise, and there s no one in the office that makes more than $40,000. Commissioner Musgrave: I have a question. Wayne Trockman: Yes? Commissioner Musgrave: In 2005 we cut the ribbon for the new jail. I was there for that part. We went from, I think, 172 beds, or 270 beds, or something like that, to 500 and now we have 50 beds. Since 2005 how many new Judges or magistrates have we added? Wayne Trockman: One.

3 Page 3 of 12 Commissioner Musgrave: So, we doubled the size of the jail, and we only added one new Judicial Officer, and that s probably the Circuit Court Magistrate you just talked about? Wayne Trockman: Correct. Commissioner Musgrave: Since that time, there are more factors than just this, but we have filled that jail and we re now talking about building another 600 beds, and we re only talking about adding one more Judicial Officer going into that picture. Your resolution is worded flexibly enough, kinda, that the legislature could recognize that, it is possible, that the reason we are having a burgeoning jail and the case loads of our Prosecutor and our Public Defenders have grown, particularly in the case of the Public Defender, beyond what they can reasonably hold, and we re being forced to look at that by the State now. It looks to me, and I m not an expert, it looks to me that we have more people in jail, and they can t get processed through to go to their ultimate prison or to be released, because of this bottleneck in the judiciary. We probably need a half million dollar study to prove that, but I ll make the motion to support your resolution, but I want to note that I think that part of the reason that we have the need to invest up to $40 million in a new jail, is the lack of the State providing sufficient judiciary members to help us process those folks. But, I do make the motion in support of your resolution. Wayne Trockman: Thank you for your motion, and I do agree with your statement. Commissioner Shoulders: I will second the motion, and I appreciate you being here, Your Honor. Thank you for being here. President Ungethiem: We have a motion and a second for adopting the resolution before us, and I ll read this in a second, but my question would be, if we go before the study panel in September, and they say, yeah, we think you need a magistrate, but what you really need is another judge and a set of folks to go along with that. I m assuming you would agree with that Wayne Trockman: Absolutely. President Ungethiem: --and support that as well? If that were the case, could we anticipate any change or any reduction in the number of inmates that currently reside in the jail? What I m asking here is, we re going to wind up spending money. Do I spend money building a jail? Or do I spend money in the process that processes those folks to process them quicker so that I don t need as big a jail? Wayne Trockman: Sheriff Wedding is here and could assist in answering that question, but, yes, it is going to help, but I believe that it s only one factor with regard to the jail situation. I think, Sheriff, you would agree, House Bill 1006, which does not allow the Sheriff to house, or county, any county in Indiana now, to house Level 6 Felons at the Department of Corrections, and requires us to house sentenced felons in our county jail, is also a major contributing factor. But, yes, I agree that, Mr. President, I ve handled felony, criminal felony matters for almost 20 years, and it used to be that I would start court at 9:00, and I could expect to be finished by 10:00. Today, I started at 8:30 and I finished at 12:30, actually quarter to one, and I was late for my 12:30 Treatment Court staffing. And, there s no one else to do it, and, so, if that answers your question, and, Commissioner Musgrave, if that helps to answer your question, we don t have the resources we need, and we are going to need that additional Court Reporter. We actually could use three Court Reporters, and three Judicial Officers, or six. Commissioner Musgrave: But, you re being Commissioner Shoulders: Six and a half. Commissioner Musgrave: --you re being told to present a request for a certain number, because that s what you re being told you are likely to achieve? Wayne Trockman: Yes. Commissioner Musgrave: Okay.

4 Page 4 of 12 Wayne Trockman: Yes, we would rather be successful with one magistrate than have our request denied. And, quite frankly it s likely to be denied by the County Council, because of the cost of providing the staff, and the facilities and the computers and the licenses, etcetera. Mr. VanCleave could tell us how much just the hardware and software would cost, but and I don t think the Council has the money right now to do that. And, some creative work like, similar to what you presented to Judge Shively and I is going to have to be done. Commissioner Musgrave: Just in case anybody has this question in their mind, the new Public Safety Local Income Tax revenue cannot be used for the judicial part of it. Commissioner Shoulders: Right. Commissioner Musgrave: So. President Ungethiem: Okay, any other questions for Judge Trockman? Wayne Trockman: Thank you. Commissioner Shoulders: Thanks again, Judge Trockman. President Ungethiem: Okay, let me go ahead and read this resolution: Comes now the Board of Vanderburgh County Commissioners and for its resolution in favor of additional Judicial Resources for the Vanderburgh County Superior Court, states as follows: Whereas, the Board of Vanderburgh County Commissioners have seen an increased case-load burden on the Vanderburgh Superior Court over a period in excess of ten years, causing delay in the administration of Justice in Vanderburgh County; Whereas, said delay occurs in all areas of the Vanderburgh Superior Court, including Criminal Law, Family Law, Estates, Guardianships, Children in Need of Services, Adoptions, Misdemeanor, and Civil matters; Whereas, the Commissioners are aware of the Weighted Case-Load Study conducted by the Indiana Supreme Court in 2016, finding that Vanderburgh County is the second-highest County in need of additional Judicial Resources of all other counties in the State, and; Whereas, the delays have also caused undue and additional stress in all aspects of The Courts and Litigation in Vanderburgh County; Whereas, the Board of Vanderburgh County Commissioners further note that these delays have contributed to severe overcrowding at the Vanderburgh County Jail, causing the need for expansion of the Vanderburgh County Jail after the newly constructed jail, which was built in Now, Therefore, in consideration of the recitations stated herein, the Board of Vanderburgh County Commissioners, Resolve that they strongly recommend to the State Legislature, both the House and Senate, that additional Judicial Resources be made available to the Vanderburgh County Superior Court, and; Now, Therefore, the Board of Vanderburgh County Commissioners also Resolve and Recommend that it will undertake every reasonable effort to ensure that all support facilities, equipment, and staff are made available for the needs of this additional Judicial Officer for the Vanderburgh Superior Court. So, resolved this 31 st day of July, President Ungethiem: We have a motion and a second. Any further discussion? Roll call please. Madelyn Grayson: Commissioner Shoulders? Commissioner Shoulders: Yes. Madelyn Grayson: Commissioner Musgrave? Commissioner Musgrave: Yes.

5 Page 5 of 12 Madelyn Grayson: President Ungethiem? President Ungethiem: Yes, and I hope we get this one, and in the future get additional resources, as necessary. (Motion approved 3-0) Wayne Trockman: Thank you. Thank Commissioner Musgrave for your help, and also Mr. Harrison for you looking at this on short notice. Thank you. Board Appointments President Ungethiem: Okay, moving on to board appointments. We have one here, it s the Vanderburgh County Levee Authority District Board. The nominee Commissioner Musgrave: Riecken I would the nominee, I would like to nominate Katie President Ungethiem: Okay. Commissioner Musgrave: --for that board. President Ungethiem: We have a nomination of Katie Riecken. Do we have a second? Commissioner Shoulders: I will second. President Ungethiem: We have a nomination and a second. Any further discussion? Seeing none, all of those in favor signify by saying aye. All Commissioners: Aye. President Ungethiem: Opposed? (None opposed) President Ungethiem: Authority. Katie has been elected on the Vanderburgh County Levee (Motion approved 3-0) President Ungethiem: And, Kristin, can you make her aware of that? County Engineer President Ungethiem: Moving on to department head reports. We ll start off with our lead off batter, John Stoll. Commissioner Shoulders: He s always our lead off batter. Joe Harrison, Jr.: He s quick. Commissioner Shoulders: That s right. President Ungethiem: There s a new opening at the St. Louis Cardinals lead off no. John Stoll: The first item I have is a notice to bidders for street paving in Arrowood Subdivision and Kingsmont Subdivision. The, Kingsmont is out next to Scott School, and Arrowood is off of Bergdolt Road. This will be approval for advertising, and we would open bids on August 21 st. Commissioner Musgrave: Move approval. Commissioner Shoulders: Second. President Ungethiem: We have a motion and a second. Any further discussion? All of those in favor signify by saying aye.

6 Page 6 of 12 All Commissioners: Aye. President Ungethiem: Opposed? (None opposed) President Ungethiem: The motion carries. (Motion approved 3-0) John Stoll: The only other item I have is an interlocal agreement between the county and the Water & Sewer Department for the relocation of a water main on the Baseline Road culvert project. This agreement calls for the county to add the water line relocation in the culvert replacement contract, and then we will request reimbursement through Water & Sewer. The County Attorney reviewed the agreement, had some changes, Water & Sewer accepted those changes, and they have approved the agreement. So, I would request your approval, and then we will proceed with bringing a change order in at a later date and getting it paid and getting our reimbursement back from Water & Sewer. Commissioner Musgrave: Do you need a motion for the interlocal agreement? Joe Harrison, Jr.: Uh-huh. John Stoll: Yes. Commissioner Musgrave: So moved. Commissioner Shoulders: Second. President Ungethiem: We have a motion and a second. Any further discussion? All of those in favor signify by saying aye. All Commissioners: Aye. President Ungethiem: Opposed? (None opposed) President Ungethiem: The motion carries. (Motion approved 3-0) John Stoll: That s all I have. President Ungethiem: Thank you, John. John Stoll: Thanks. President Ungethiem: Any other department heads? Seeing none. New Business President Ungethiem: We ll move on to new business. Any new business? No new business. Old Business President Ungethiem: Any old business? We have one item, jail discussion, and I think Commissioner Musgrave has some information on the jail. Commissioner Musgrave: I do, plus a short little video that was provided. But, before we get the video.how long will it take to make it happen? Kristin Comer: I have no idea. Commissioner Musgrave: Alright. Kristin Comer: (Inaudible. Microphone not on.)

7 Page 7 of 12 Commissioner Musgrave: Alright, Commissioner Ungethiem, as you know, we ve put our heads together and come up with a schedule, moving forward with proposals for architectural and engineering. But, I ll start with, we are going to have a full Blue Ribbon Committee meeting on August 21 st at 1:30, and I believe we ll have to have that in this room. Commissioner Shoulders: 23 rd. President Ungethiem: 23 rd. Commissioner Musgrave: 23 rd, August 23 rd, 1:30, and we ll check and see if this room is available, but stay tuned, you know, keep watching for that. We have decided to ask for Commissioner Shoulders: 1:30. Commissioner Musgrave: --proposals, which would be submitted to the Building Authority, and we have a deadline of August 31 st. Now, this will all be advertised, so, those of you who are interested, this will be advertised in the newspaper. So, the deadline for the proposals would be August 31 st. Then we will be conducting interviews during the week of September 17 th, most likely we re going to look at the 19 th and 20 th for interviews. Then we will have a Commissioners decision, we re looking at October 2 nd, and it looks like I skipped the August 21 st public hearing on the jail. So, August 21 st we invite the public to come forward and give us their thoughts. Commissioner Shoulders: Which is at the Commissioners Joe Harrison, Jr.: Jail Study. Commissioner Musgrave: meeting On the Jail Study, and that s here at the Commission Commissioner Shoulders: Commission, yeah. Commissioner Musgrave: --at 3:00. It will be an item on the agenda. So, that is the scope of the dates that we have set forth. As those of you who have been following along at home know, tomorrow the County Council is set to vote on our design appropriation. So, we ll learn about that tomorrow. I think, though, oh, we also have a revised timeline. At the Council meeting, I think you already have copies of this. Commissioner Shoulders: Uh-huh. Commissioner Musgrave: At the Council meeting we passed out a draft timeline. The finance folks got back to us, and they added a couple of things to it. So, it changed the timeline, for the financing bit changed, which pushed the construction dates back a bit. And, I will go ahead and add those new dates for our public hearing and so forth to the timeline and have that ready for tomorrow s Council meeting. So, I just wanted to keep you all up to date with the latest changes on that. This video was sent to me today by Garmong Construction. RQAW designed the new Posey County Jail, and Garmong built it. So, if you would go ahead and press play. (Video was played at this time.) Commissioner Musgrave: There s been a lot of, you know, well, what makes a jail, what are we talking about, and this video, go ahead and press play, is very instructive, because it shows that it is, jails today are built with these pods. Now, you ll notice a crane in the background, and then you ll see some big trucks coming. The crane is going to take things off the truck and set them down. Those are the jail cells. Jails today, first they pour a concrete pad, and then they start building hallways and such, you can see all the workers working on the hallways, but then what arrives next are the individual cells, which are built off-site at a, one of four American factories. There s apparently a monopoly, practically a monopoly style situation on firms that can build these little individual cells, and so, there is one of them in Indiana that builds these, but the, that is a huge part of the component cost of building a jail, these individual little cells. This video of the Posey County jail construction, they tell me it was one days worth of work, and as it plays out, you ll see that they get a whole bunch of these jail cells placed. So, as we think about building the

8 Page 8 of 12 jail going forward, it s been described to me as a plug and play, you buy the bits, and you Lego block them together, essentially. But, I thought this would help. I know that there are folks from RQAW here, I don t know if there s anybody from Garmong, anybody? One of the proposed, one of the architects who s interested, which is RQAW, has offered us a fee for engineering that is half, almost half of what a standard architectural fee would be. I just wanted to point out that this type of building is not, is cookie cutter, and I see no reason why they all don t have a lesser type of fee for this kind of building, than for a building that gets designed, you know, custom designed for a custom need. Jails have been built, and they are not all that different one from the other. I personally don t understand why we can t just go buy an off the shelf jail design. I mean, Posey County built this jail, why can t we just get their design and replicate it? But, apparently that doesn t happen in the jail world, or, if it does, no one has told me yet. But, I ll repeat that we re asking for proposals by August 31 st, should anyone do that. But, here you have the Posey County Jail steel cell installation taking place lickity split on one day. I just thought you would be interested in this. President Ungethiem: Anyone have any questions? Anyone want to get in the jail building business? We re going to be taking proposals here in the next month, so stay tuned. We will have additional information as we move closer. There is work afoot, and one of the key ingredients is tomorrow s County Council meeting where we get, hopefully, get approval to move forward with a detailed design. Joe Harrison, Jr.: I would ask that a motion maybe be made to with that schedule, as submitted. Commissioner Shoulders: To what? The timeline? Joe Harrison, Jr.: Yes, that was-- Commissioner Musgrave: Read out Joe Harrison, Jr.: --read out by Commissioner Musgrave. Commissioner Musgrave: Okay, and I also submitted, for the record, the updated timeline, updated.anyway, I ll make a motion that we adopt the schedule that I read out earlier, and if you want me to repeat, I would be happy to. President Ungethiem: I m good. Commissioner Shoulders: I m good too. I will second the motion for the timeline mentioned and agreed upon. President Ungethiem: We have a motion and a second to adopt the timeline. Any further discussion? All of those in favor signify by saying aye. All Commissioners: Aye. President Ungethiem: Opposed? (None opposed) President Ungethiem: The motion carries. (Motion approved 3-0) President Ungethiem: Okay, I was contacted that there was somebody in, that was going to be here at the meeting who was interested in talking about solar panel, and solar panel issues in Vanderburgh County. Is that, I believe, would you come forward and explain to us your concern? Commissioner Musgrave: He could speak under public comment. President Ungethiem: It should have been new business, but we Commissioner Musgrave: Public comment. Eric Cure: Thank you for hearing me. This is the first time I ve ever been at a County Commissioner meeting.

9 Page 9 of 12 President Ungethiem: Just state your name. Eric Cure: My name is Eric Cure. I live on Baseline Road. I m an emergency physician. I ve been at Deaconess Hospital for 30 years. My concern is about the proposed solar project by a company called Orion from California, that wants to come into northwest Vanderburgh County and build an energy manufacturing, solar-based operation. That s the only way I can put it, on 450 acres of 100 percent tillable farm land. Now, everybody that I know around the neighborhood is for solar energy. I don t think there s.but, when you take productive, green farm land and take it out of production for 50 years, which is what this company is proposing to do, I mean, that s not green energy. They re, the land they re talking about is zoned Agricultural, and there s 100 acres that s zoned Residential. So, what they want to do is put an industrial operation on zoned Agricultural land, and zoned Residential land. The fact is, that less than one mile away is the U.S. 41 Corridor, which is all Industrial land from Inglefield Road up to 64. It s only 11 percent occupied. So, why do they want to put this industrial operation on Agricultural land when there s Industrial land that s close by. Now when Toyota came in Gibson County, they destroyed a lot of land building that, but they brought in millions of dollars in revenue, and this company will bring in nothing. There will be no jobs. There will be a maintenance job, there will be some construction jobs, but the day to day running of this is going to take place in California. So, the benefits to the people of Vanderburgh County are virtually nothing. It s a significant problem with the people that adjoin the area. For example, there s a platted subdivision that will be directly, they re going to put this directly in front of. Now, to give you an idea of the size, there s going to be an eight foot chain link fence that will surround the entire 450 acres. It s almost a square mile. It extends from Darmstadt Road to St. Joe, and there will 200,000 solar panels. Just to give you an idea, it s bigger than the entire downtown of Evansville. You could put two Disneyland s in it, 300 football fields, I mean, it is massive. I think it s fair to say that 100 percent of the people that surround this project object to it. Let me just read one thing to you, the comprehensive plan of Evansville says that, the plan generally proposed that rural land remain in agricultural uses. This helps address the need and strengthen and support agriculture as a viable element of our economy, and the need to protect valuable agricultural lands and the need to encourage infill development for efficient provision and use of service utilities. The future of non-farm development needs to be minimized. Residential, industrial and commercial should be limited. It goes on to say, When adjacent land use neither benefits nor compliments, when major negative (Inaudible) result, reduced property values and the ability of adjacent landowners to enjoy their properties, this is an incompatible use of the land. I spoke with the representative for this company, because I also own land that they wanted to rent, or lease, and he assured us that the property values of residential would decrease. There is going to be no compensation for that, and particularly this platted subdivision, you know, it s hard to say, but I think it s fair to say that nobody up there would like 200,000 solar panels, and a chain link fence 15 feet from your front yard property line. So, I would like to see that any proposed solar energy manufacturing operations be placed on C-4 land. Right now they can come in and just get a Special Use on Agricultural land. As far as I know, there is no Special Use for the 100 acres of Residential land. So, that would have to be rezoned. President Ungethiem: I think you re correct on that. I think at the current situation, or the current ordinances as they are now stated, allows solar farms to be placed on a Residential, or excuse me, on an Agricultural piece of property, if they get a Special Use permit from the Board of Zoning Appeals. Eric Cure: Well President Ungethiem: But, I don t think they have that ability on Residential land, without getting it rezoned either Agricultural or, I believe, it s C-4. So, they would have, if they re going to do that on the 100 acres of Residential property, a rezoning would have to occur. Eric Cure: I mean, under Special Use, power plants are permitted, but, to me this is an energy manufacturing operation, not covered under Special Uses. I mean, just the massive size of it, it s just incredible. I mean, the population of Vanderburgh County is about 175,000, Gibson County has 30,000, they re taking this massive operation, they re plunking it right down in the last land that, really, Vanderburgh County has, and the

10 Page 10 of 12 Residential land, I mean, North High School is growing, they re going to take away any possibility for residential development in that area. It will never come back. President Ungethiem: Is there anything that you would like the County Commissioners to do with regard to this? Obviously, right now, because it does not need to be rezoned, it would not become, it would not come before this Body for that final approval. It would go to the Board of Zoning Appeals. Eric Cure: Correct. President Ungethiem: Not to this Body. Is there anything, you know, we re limited at this point in time in what we have the authority to do with regard to this. Eric Cure: I mean, do you have the authority to make it where this type of development would have to be on C-4 land? So, it would have to be rezoned. President Ungethiem: That would require, well, I m speaking from the, maybe Joe needs to speak to this, as to what it would take to do that. Joe Harrison, Jr.: Well, something like that would have to also go to Area Plan for their Eric Cure: Right. Joe Harrison, Jr.: --for their consideration of such an ordinance. I could tell you this, there is no Agricultural zoned property in the city. The city s ordinance is the same as the county s right now, but in the city, to do what you re talking about, you have to be C-4, or Industrial. Eric Cure: Uh-huh. Joe Harrison, Jr.: There is no Agricultural zoning in the city, even though the ordinances read the same. So, you have to be a C-4 in the city to have a solar farm, or solar whatever it s called. Eric Cure: And, under my reading of it, C-4 did not even permit electrical plants. It had to be Industrial. Joe Harrison, Jr.: Well, I m just telling you what the ordinance says. Eric Cure: Sure, thank you. Joe Harrison, Jr.: I used to represent the Area Plan Commission, so, I know a little bit about it, but there is no Agricultural zoning classification in the city at all. Eric Cure: Uh-huh. Joe Harrison, Jr.: But, there is in the county, but the ordinances read the same, however the effect of that is, in the city, the least restrictive zoning classification for such a proposal would be C-4. That s not the case in the county. President Ungethiem: And, the reason there s no agricultural land in the city, is the city chose to convert all of its agricultural land Eric Cure: Uh-huh. President Ungethiem: --to Residential Joe Harrison, Jr.: Right. President Ungethiem: -- some years ago. I forget how many years ago, but it s been awhile. Joe Harrison, Jr.: It s been at least ten, I think. President Ungethiem: Yeah, so, they have no Agricultural land inside the city limits. Eric Cure: Yeah. President Ungethiem: It s all Residential, Commercial or Industrial.

11 Page 11 of 12 Eric Cure: Would you have any specific suggestions for us in the neighborhood? Joe Harrison, Jr.: They would have to talk to Area Plan first. President Ungethiem: I would start at Area Plan Eric Cure: Yeah. President Ungethiem: --and talk to them about what their thoughts were, and what their feelings are. It would have to be an ordinance. It would have to be something that they would propose to this Body, and then it would have to be approved by this Body to change that designation of solar panel farms from being in an Agricultural area to being in a C-4 area. But, it would have to start at Area Plan. Eric Cure: Okay. Well, I thank you for hearing me. Appreciate it. President Ungethiem: Alright, thank you. Commissioner Shoulders: Thank you, Mr. Cure. Consent Items President Ungethiem: Okay, moving on to consent items. I would entertain a motion to approve the consent items as listed on the agenda. Commissioner Musgrave: So moved. Commissioner Shoulders: Second. President Ungethiem: We have a motion and a second. Any further discussion? Seeing none, all of those in favor signify by saying aye. All Commissioners: Aye. President Ungethiem: Opposed? (None opposed) President Ungethiem: The motion carries. (Motion approved 3-0) Public Comment President Ungethiem: Alright, final item public comment. We had one public comment, anybody else have anything? No? Seeing none. Adjournment President Ungethiem: I would entertain a motion to adjourn. Commissioner Musgrave: So moved. Commissioner Shoulders: Second. President Ungethiem: This meeting is adjourned. Commissioner Shoulders: Thank you all. President Ungethiem: Thank you very much. (The meeting was adjourned at 3:45 p.m.)

12 Page 12 of 12 CONSENT ITEMS: Contracts-Agreements & Leases: Superior Court: Dell Financing Lease Schedules for Cisco Phones & Dell Equipment. Purdue Co-Op Extension: Contract with Spectrum. Purdue Co-Op Extension: ANCS Support Contract: Phone & Internet Service. Health Dept: Business Associate Agreement: Connections Sign Language Interpreting. Health Dept: Pre to 3 Project Coordinator Contract Extension: Mikelle Rabuck. Commissioners: Approval of the July 17, 2017 Commission Meeting Minutes. Veterans Council: New Management Letter. Economic Development Coalition of SW Indiana: July 2018 Monthly Report. Screening Labor Transfer Request. Loss Control Initiative Letter. Weights & Measures: June 15-July 16, 2018 Monthly Report. Employment Changes: Health Dept. (11) Burdette Park (3) Co. Hwy. (2) County Clerk (4) Sheriff (4) Circuit Court (2) Superior Court (3) Public Defender (2) Surplus Requests: Health Dept.: Computer Equipment. County Clerk: Filing Cabinets. Circuit Court & Adult Probation: Computer Equipment. County Treasurer: June 2018 Monthly Report. County Auditor: 7/16-7/20/2018 & 7/23-7/27/2018 Claims Voucher Report. Supt. Of Co. Buildings: OCH Boiler Hot Water Pump Repair Quote. County Engineer: Department Report & Claims. Pay Request No. 42: U.S. 41 Expansion TIF: $56, Those in Attendance: Bruce Ungethiem Cheryl Musgrave Ben Shoulders Brian Gerth Joe Harrison, Jr. Kristin Comer Madelyn Grayson Wayne Trockman John Stoll Eric Cure Others Unidentified Members of Media Bruce Ungethiem, President Cheryl A.W. Musgrave, Vice President Ben Shoulders, Member (Recorded and transcribed by Madelyn Grayson.)