Gibson County Board of Commissioners 10-18-2011******************************************************************************
Gibson County Board of Commissioners
Regular Session
October 18, 2011
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The Gibson County Board of Commissioners met on October 18, 2011, at 6:00 PM at the North Annex Meeting Room.
Members Present: Bob Townsend, President, Gerald
Bledsoe, VP, Alan Douglas, Commissioner, Kay Vore, Administrative Assistant, Jim McDonald, County Attorney and C.T. Montgomery, County Auditor.
The Pledge of Allegiance to the Flag was
recited and led by Bob Townsend.
Minutes: The minutes from the September 20, 2011 meeting was approved through a motion by Gerald Bledsoe and seconded by Alan Douglas. Motion passed
3-0.
Claims:
County General $ 76,063.68
Courts $ 20,399.41
Highway $ 82,657.49
Sheriff $ 34,982.45
Payroll $263,338.47
Gerald Bledsoe made a motion to approve the claims.
Alan Douglas seconded the motion and the motion passed 3-0.
Dave Yager of Black Beauty Coal, LLC, petitioned for temporary closure of roadway on CR 1100 E South of CR 600 S. (Exhibit
B) A portion of CR 1100 E, commencing at the intersection with CR 600 S and running thence south approximately 1,500 feet for a period of five (5) years, as such may be extended for
additional two (2) year periods. Steve Bottoms is against keeping the road closed because the original contract stated that the road was to be opened in five (5) years and that time
is up. Alan Douglas asked that they put up signage that only emergency vehicles and farm equipment are allowed passage across the haul road. He made a motion to approve the road closure.
Bob Townsend seconded the motion and the motion passed 2-1 with Gerald Bledsoe dissenting.
Dave Yager then asked for a release of parts of CR 1100 E, CR 525 S and CR 600 S (commonly
known as Talley Hill Road or Wilson Hill Road).
Commencing one-quarter mile north of the (north) intersection of CR 1100 E and CR 525 S; thence south one-mile to the intersection of
CR 1100 E and CR 600 S. (1.0 miles total)
Part of CR 525 S, commencing at the intersection with CR 1200 E at the Northeast Corner of the Southeast Quarter of the Southwest Quarter of
Section 6, T35, R8W; thence west one-half mile, more or less to the Northeast Corner of the Southeast Quarter of the Southeast Quarter of Section 1, T35, R9W; thence south 78 degrees,
19 minutes, 53 Seconds West, two thousand seven hundred fifteen and twelve hundredths (2,715.12) feet to the intersection of CR 1100 E and the existing CR 525 S coming from Somerville;
thence continue westerly along CR 525 S one-half mile, more or less, to the city limits of Town of Somerville. (1.51 miles total)
A public roadway (CR 600 S) is hereby dedicated and
released in Section 7, Township 3 South, Range 8 West and Section 12, Township 3 South, Range 9 West, Barton Township, Gibson County, Indiana, twenty-five feet (25’) on each side of
the centerline of said roadway, being more particularly described as follows: Beginning at the intersection of County Road 1200 East and County Road 600 South, thence South 89 degrees
32 minutes 30 seconds West 537.36 feet; thence North 89 degrees 51 minutes 45 seconds West 728.85 feet; thence North 88 degrees 06 minutes 55 seconds West 769.02 feet; thence South 87
degrees 44 minutes 04 seconds West 952.83 feet; thence South 86 degrees 21 minutes 36 seconds West 524.52 feet; thence South 86 degrees 23 minutes 05 seconds West 2140.97 feet; thence
South 87 degrees 16 minutes 05 seconds West 2113.92 feet; thence South 72 degrees 13 minutes 35 seconds West 103.81 feet; thence South 71 degrees 26 minutes 45 seconds West 71.56 feet;
thence South 72 degrees 39 minutes 05 seconds West 51.97 feet; thence South 82 degrees 13 minutes 06 seconds West 53.64 feet; thence North 87 degrees 29 minutes 45 seconds West 144.98
feet; thence North 83 degrees 29 minutes 55 seconds West 90.82 feet; thence North 82 degrees 44 minutes 12 seconds West 106.53 feet; thence North 83 degrees 51 minutes 36 seconds West
84.67 feet; thence North 87 degrees 16 minutes 54 seconds West 92.28 feet to the point of terminus.
Any previous dedications of CR 600 S through the aforementioned one and a half mile
portion are heretofore considered vacated.
The vacation of a road commencing at the intersection of CR 600 S and CR 1200 E, thence westerly for approximately a quarter of a mile, thence meandering northwesterly approximately
one mile to the aforementioned vacated portion of CR 525 S.
At this time Michael Stevenson asked the commissioners to insert an accurate description of the minutes that occurred in
the Commissioner Record in Volume 47, page 423, December 4, 2007. The commissioners consented. “Petition for Vacation and Relocation of County Road. Black Beauty Coal Company, LLC,
asked to vacate the county road known as CR 525 S east of CR 1100 E (“North Intersection”) in Barton Township, Gibson County, Indiana, extending east from that intersection approximately
one half mile to the Northeast Corner of the Southeast Quarter of the Southeast Quarter of Section 1, Township 3 South, Range 9 West. Black Beauty asks to relocate the above-described
portion of CR 525 S. The description of the proposed relocation is described as follows:
A public roadway in Section 1, Township 3 South, Range 9 West, Barton Township, Gibson County,
Indiana, twenty-five feet (25’) on each side of the centerline of said roadway being more particularly described as follows:
Beginning at the Northeast Corner of the Southeast Quarter
of the Southeast Quarter of Section 1, Township 3 South, Range 9 West, Barton Township, Gibson County, Indiana; thence South 78 degrees, 19 minutes, 53 seconds, West two thousand seven
hundred fifteen and twelve hundredths (2,715.12) feet to the intersection of CR 1100 E and the existing CR 525 S coming from Somerville (“South Intersection”)”.
Alan Douglas made a
motion to approve the release request and was seconded by Bob Townsend. Motion passed 2-1 with Gerald Bledsoe dissenting.
Dave Yager asked commissioners for temporary closure of roadways
CR 1100 E, CR 850 S and CR 1150 E. A portion of CR 1100 E, commencing 2,640 feet north of intersection of CR 1100 E and CR 900 S and running thence north approximately 990 feet, as more
particularly shown on Exhibit C, for a term of three (3) years from date of closure. A portion of CR 850 S commencing at the intersection of CR 850 S and CR 1150 E and running thence
east approximately 1,600 feet, as more particularly shown on Exhibit C, for a term of three (3) years from the date of closure. A portion of CR 1150 E commencing at a point 1,400 feet
north of the intersection of CR 1150 E and CR 900 S and thence running north approximately 7,650 feet, as more particularly shown on Exhibit C, for a term of five (5) years from the
date of closure. He stated that they would remove the milling on CR 850 S and place it on other county roads as directed by the Highway Superintendent. After the closures are open to
the public there will be a two year waiting period where the road bed will be settling. According to the ordinance, they will pay the county $10,000.00 per mile of closed road each year.
This will amount to a total of $19,000.00 per year (1.9 miles). They are also going to pave CR 900 S from CR 950 E to CR 1150 E. Alan Douglas made a motion to approve the closures
as long as they adhere to the ordinance. Bob Townsend seconded and the motion passed 2-1 with Gerald Bledsoe dissenting.
Dave Yager continued with a request for road closure extensions
on CR 850 E and CR 125 S. Commencing at a point located approximately 2,500 feet north of the intersection with State Highway 64, thence north approximately 5,280 feet north to the
intersection of CR 850 E and CR 50 S. Commencing at the intersection of CR 125 S and CR 850 E, thence east approximately 1,320 feet. These roads have been closed since 1996 and they
have been requesting 2 year closures ever since. They are now asking for an additional 2 year closure of these roads. Alan Douglas made a motion to approve the request and Bob Townsend
seconded. Motion carried 3-0.
Auditor C.T. Montgomery presented the commissioners with Resolution 2011-4 establishing the intent to conduct a commissioners’ sale to sell tax sale certificates
for properties that are severely delinquent in payment of property taxes. The resolution also includes “Exhibit A” which is the listing of the properties and the opening bid price when
the auction opens. Alan Douglas made a motion to approve the resolution and was seconded by Gerald Bledsoe. Motion passed 3-0.
RESOLUTION 2011-4
A RESOLUTION ESTABLISHING THE INTENT
TO CONDUCT A COMMISSIONERS’ SALE TO SELL TAX SALE CERTIFICATES FOR PROPERTIES THAT ARE SEVERELY DELINQUENT IN PAYMENT OF PROPERTY TAXES.
WHEREAS, there are several properties in Gibson County that are severely delinquent in the payment of property taxes, having been offered for tax sales and which received no bids equal
to or in excess of minimum sale price. The parcel numbers of those properties being attached to this resolution as “Exhibit A”, and
WHEREAS, there is an assessed value associated
with these properties for taxation purposes, but no taxes are being collected, therefore causing a lower than expected tax distribution to those taxing units and taxing districts within
which the properties are located, and
WHEREAS, the Gibson County Commissioners desire to have these properties back on the tax rolls with taxes being collected, and
WHEREAS, IC
6-1.1-24-6, et seq. allows for the County Commissioners to acquire a lien on those delinquent properties and receive issuance of the tax sale certificates for those properties, without
taking title to the properties, therefore limiting the liability and cost normally associated with taking title,
NOW, THEREFORE, BE IT RESOLVED by the Gibson County Board of Commissioners
that the County Executive shall acquire liens and receive tax sale certificates of the properties listed on Exhibit A that are severely delinquent and sell said certificates at a properly
advertised Commissioner Tax Certificate sale.
Adopted this 18th day of October, 2011.
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Bob Townsend, President
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Gerald Bledsoe, VP
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Alan Douglas, Commissioner
ATTEST:____________________________
C.T. Montgomery, Gibson County Auditor
Exhibit
A (Attached)
Auditor C.T. Montgomery presented a “First Amendment to SRI Services Master Agreement” to the commissioners. This amendment is to the contract with SRI who will be conducting
the “Commissioners Tax Certificate Auction”. The amendment states that SRI shall enroll in and verify the work eligibility status of all its newly hired employees through the E-Verify
program as defined in IC 22-4-1.7-3. Gerald Bledsoe made a motion to approve the amendment and was seconded by Alan Douglas. Motion carried 3-0.
Auditor C.T. Montgomery re-addressed
the SRI “Unlawful Homestead Deduction Program” which was presented at the last commissioners meeting by Glen Luedtke. SRI has detected a possible 2,200 possible homesteads in Gibson
County that could be drawing a double homestead deduction. Once these names are released to the county, the Auditor’s office would determine if the stated deduction is lawful. If they
are not, SRI would send a letter notifying the owner of that error and allow them to come in to the Auditor’s office to make amends. If they do not respond, a second letter is sent
alerting them of the Auditor’s ability to ask for repayment of taxes back three years plus 10% penalty. In the last commissioners meeting Gerald Bledsoe asked Auditor Montgomery to
call the counties that have used the program and give a report on what he found out. Auditor Montgomery reported that St. Joseph County had identified 8,000 parcels that could be unlawfully
claiming homestead deductions. They have only completed about 2,000 checks and they have recovered over $1 million dollars in lost revenue back to the general fund.
Vigo County had 3,700 parcels identified and they have recovered over $175,000.00. Both Auditors liked the program and felt like it was a WIN-WIN situation for the county in recovering
lost revenue and future tax income. SRI’s recovery fee would be 25% of the total recovered. The request died for lack of a motion to approve.
Gerald Bledsoe commented that the EPA
has not given him a recent update on the former Emge property clean-up and hopes to give a report during the next meeting.
Bob Townsend presented a contract with United Consulting on
the replacement of Gibson County Bridge 17 on CR 500 W over McCarty Ditch. Gerald Bledsoe made a motion to approve the contract and was seconded by Alan Douglas. Motion carried 3-0.
EMS
Director Dan Alvey asked for write-offs of $113,059.59. Gerald Bledsoe made a motion to approve the request and was seconded by Alan Douglas. Motion carried 3-0.
Craig Luebke, a Transportation
Planner for the Evansville Metropolitan Planning Organization made a presentation on their long range transportation plan for Gibson County. His organization has an ongoing partnership
with the county, local cities and towns and the Indiana Department of Transportation to meet federal planning requirements associated with the federal transportation funding legislation.
A key focus in the 2011 program year is the development of transportation plans for program participants. The Gibson County Long Range Transportation Plan provides the framework for
development of the Gibson County surface transportation system through the year 2035. The Plan describes system principles and standards, evaluates the existing County surface transportation
system, identifies future system needs, develops a transportation system plan, and outlines strategies and funding sources to implement the Plan. He is soliciting for public comment
and he can be contacted by email: cluebke@evansvillempo.com.
Old National Insurance representative John Dyer presented the commissioners Workman’s (Self-Funded) Compensation annual
renewal plan. Gerald Bledsoe made a motion to approve the contract. The motion was seconded by Alan Douglas and the motion passed 3-0.
The first reading of the “Road Standards Ordinance
2011-5” was waved by a motion by Alan Douglas and seconded by Gerald Bledsoe. The motion passed 3-0.
Bob Allen commended the commissioners on the recent paving of his county road by
his house. He then asked the commissioners “Who decides how many are on the Gibson County Redevelopment Commission? He also asked if they are accountable to anyone. After much discussion
and responses from Bob Townsend and county attorney Jim McDonald the TIF district policy and bond payments were explained.
Dave Yager told commissioners that CR 900 E north of CR 900
S is on schedule to open.
Alan Douglas made a motion to adjourn and was seconded by Gerald Bledsoe. Motion passed 3-0.
Exhibit B
Exhibit C
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Bob Townsend, President Gerald Bledsoe, VP
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Alan Douglas, Commissioner ATTEST: C.T. Montgomery, Auditor