VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

APRIL 10, 2007

The Vanderburgh County Board of Commissioners met in session this 10^th day of April, 2007 at 3:30 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: Good afternoon. I would like to call to order the April 10, 2007 meeting of the Board of Commissioners of Vanderburgh County. We will start with introductions on my right.

Marissa Nichoalds: Marissa Nichoalds, Superintendent of County Buildings.

Ted C. Ziemer, Jr: Ted Ziemer, County Attorney.

Commissioner Nix: Bill Nix, County Commissioner.

Andrew Ritter: Andrew Ritter, Go Wildcats!

President Musgrave: Cheryl Musgrave, Commissioner.

Commissioner Tornatta: Troy Tornatta, Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

President Musgrave: Will you join me in the Pledge of Allegiance?

(The Pledge of Allegiance was given.)

President Musgrave: The first item on the agenda is a bid opening, VC-50-2007, the County Highway storage building. Do we have some bids? Is there a motion to open them?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: First action item is the permission to advertise VC-52-2007 for trending services for the County Assessor. Are there any questions? Is there a motion?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Mr. Mike Duckworth of the County Highway will now present the 2007 final paving list. We received the proposed list last week, and have had a week to consider it.

Mike Duckworth: Good afternoon, Commissioners, President Musgrave, ladies and gentleman. Mike Duckworth, Superintendent of the County Highway Department. I brought before you last, at the last meeting, a proposed County Highway paving list. It includes, basically, 22.66 miles at a cost of about, right at 1.2 million. One point two oh, oh one. This includes many secondary roads that have gone without attention for some time and are in dire need of replacement, and wedging and surface on several roads. Surface on many, and base and surface on several. This does not represent the same amount of mileage that we’ve been able to do in the past due to budget constraints, as well as escalated costs in oil prices and materials used in paving. So, this is the initial request to do, basically, the work that we have budgeted in our fund to do.

President Musgrave: Commissioners, are there any questions?

Commissioner Nix: No, I do have a comment though. I know that over the last three years we’ve done this, and the previous two years we were always able to get just about what we thought we could do, from a financial standpoint, get paved. I think it should be clear that the roads that we’re paving are roads that need prepared. The ones, the balance of the roads that were on this list are not in that bad of shape that we can’t come back and do some sealing and that, and as we get funds, if funds become available later on in the paving season that we can move ahead and possibly do those. But, I think we just need to make it clear that we’re going to do a good job with this here, and we’re also going to maintain what we’ve got that we won’t be paving this year, that the roads will still be in good shape.

Mike Duckworth: I agree. One thing I want to point out is, about the first nine miles of the 22 miles are hold overs from last year that we didn’t get to. So, every year we kind of try to catch up on the ones that have come at us several times. Like you say, we can go out and cut and patch and do what we can to hold those roads together, whether it’s crack sealing or whatever the case may be until next year until we can actually get to it to completely resurface the roadways.

Commissioner Nix: Along with that, crack sealing, the procedures you’ve got with this new machine now, we’re able to do that and really get some life out these roads, versus thinking about paving them every year, that type of thing. Or paving them every 12 or 13 years, that type of thing.

Mike Duckworth: That’s exactly right.

President Musgrave: I would like to report that Mr. Duckworth, Mr. Stoll and I did meet with County Council President, Marsha Abell, and County Finance Chairman, James Raben, on Monday, and we had a very good discussion. I know that that meeting continues tomorrow morning out at the County Highway garage, where they will review these pictures. Some questions came out of that as with regards to the current available fund balance that could be appropriated. Auditor Fluty, I know that those questions either already have come your way, or will be coming your way to talk about how much money is available now, what the revenue into those funds are between now and the end of paving season, perhaps, even, there might be some questions regarding historical funding in these line items.

Mike Duckworth: Mr. Fluty has agreed to come to the meeting tomorrow.

President Musgrave: Oh, that’s wonderful.

Mike Duckworth: To answer any questions of the Council people and myself.

President Musgrave: Okay.

Mike Duckworth: I think that will really be helpful. I appreciate him taking the time to do that. Then we can kind of, at least, see where we’re at, and where the Council, if they want to appropriate additional dollars or not.

President Musgrave: Council is taking a serious, steady look at this, and we will continue to pursue additional funding, if indeed there is additional funding, and work on any additional roads that we can get this year.

Mike Duckworth: That’s right. In addition, we have shared that information with the Council for their input as well. So, we’ll see what they say tomorrow. But, this list today that I have before you is the culmination of what my staff and myself have put together as to what we have assessed being the areas that are in the worst condition. So, I put that before you this evening.

President Musgrave: Is there a motion to approve the list that is fiscally responsible that we have now?

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Thank you.

Mike Duckworth: May I go ahead and take care of just a couple other quick things? In regards to the, I just wanted to report to you that we did have a minor oil spill today. I’ve provided those pictures with you, and that’s being cleaned up on Old Henderson Road. I don’t think that that will be any further problems, because the Sheriff’s Department was very quick in the response, and our employees got out there and blocked it off. So, we’ve got a private group cleaning that up and watching the environmental side of it as well. In addition to that, there is one addition to your travel requests. There is a program tonight at Crossroads Christian Church, and it has to do with the response to, the departments that responded to the tornado. I’ve invited a couple of my supervisors, and at their own volition some of the members of our department will be there. I think that that’s a good thing, because they were one of the first responding groups, as you well know, and I think it’s nice that they’re doing that for all of these different groups. So, I would ask for your indulgence in that travel request. It’s just barely over the county line, but we want to be compliant with the rules to make that request.

President Musgrave: Is there a motion to approve that request.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Anything further?

Mike Duckworth: The only other thing is the bid opening on the storage, and I’ll stay around until Mr. Ziemer advises us of the bids. Thank you.

President Musgrave: Next on the action list is the County Engineer, Mr. John Stoll, with his 2007 concrete repair list.

John Stoll: I had just given Madelyn the final version of the recommendations. I don’t know if she’s had a chance to pass those down to you as of yet. Based on the e-mail we had sent you last week, there is one change. Rather than doing Harper Heights, we thought it might be best to do Brookview Heights instead. That first group of subdivisions, back up a step, basically, our list was set up to concentrate on subdivisions as a whole, as opposed to jumping around all over the county and doing individual streets in subdivisions all over the county. Like Mike had said, he had some carry over work from last year, in that first group of Old State, The Villas, Deerfield, Eastland and Brookview, that has carry over as well, in Old State and Eastland Estates. We felt it would be best to go ahead and finish those out. The Villas and Deerfield are some small repairs that we can get, and they’re not too far away from Old State, and neither is Brookview Heights. The recommendation from me and my staff would be that we would go with those five subdivisions, and at a cost of approximately $500,000.

President Musgrave: Are there any questions? Is there a motion?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: For the record, this is for Old State, Villas, Deerfield, Eastland, Brookview Heights, correct?

John Stoll: Correct.

President Musgrave: Okay. All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: Here again, if additional money is available, or if we end up having some under runs on these quantities, then we’ll have more available to go pick up some other areas in other subdivisions here in the county.

John Stoll: Did you want me to give my report now? Okay. Two other items, the first is in the Green River Road-Millersburg Road intersection project, it appears that there are two properties where septic systems are located within the right-of-way take. Therefore the consultant needs to have the septic systems located in detail. Their fees in conjunction with having the contractors locate that would be $1,450, and I would request your approval to proceed with that.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: The other item is I would request your approval to have a legal ad notifying the public about the notice of construction activity on the Baseline Road Bridge. This is to be in compliance with the erosion control laws.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: That’s all I have, unless you have questions on anything.

President Musgrave: No.

President Musgrave: Are you ready with that?

Ted C. Ziemer, Jr.: I am, yes.

Commissioner Nix: Hit your mic there.

Ted C. Ziemer, Jr.: Okay, these are bids on the County Highway storage building. Happe Construction, base bid, $338,953. Alternate one, deduct $5,420; alternate two, deduct $79,700; alternate three, deduct $19,840; alternate four, add $38.63; alternate five, add $72; alternate six, add $7,300. ARC Construction, base bid, $297,825. Alternate one, deduct $2,500; alternate two, deduct $80,700; alternate three, deduct $9,700; alternate four, add $40.25; alternate five, add $70; alternate six, add $4,960. Excuse me, ECI Construction, base bid, $251,700. Alternate one, deduct $750; alternate two, deduct $46,896; alternate three, deduct $8,000; alternate four, add $27; alternate five, add $38; alternate six, add $10,700. The last bid is from Empire Contractors, the base bid is $395,900. Alternate one, deduct $6,500; alternate two, deduct $80,000; alternate three, deduct $11,500; alternate four, add $33; alternate five, add $114; alternate six, add $4,700.

Commissioner Nix: Move to take these bids under advisement.

Commissioner Tornatta: So moved, or second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We move now to contracts, agreements and leases. Purchasing, the county car wash agreement. This was brought forward and tabled last week. It is now ready to go. Is there a motion to approve that?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

Madelyn Grayson: Commissioner Musgrave?

President Musgrave: Yes?

Madelyn Grayson: Is that with all three parties? There’s three different agreements here?

President Musgrave: Yes. Superior Court Drug and Crime Control Division grant agreement. The exhibits that were missing last week were brought forward and all is satisfactory from a legal standpoint. The grant is good to go. Is there a motion to approve?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Burdette Park, the lease of land for baseball diamonds from Mr. David Austill. This is the typical lease, and it’s just the renewal of it. Is there a motion to approve?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: County Engineer, he had a report and he made it. Are there any other department reports?

Ted C. Ziemer, Jr.: I have one other contract. It’s a grant actually. It’s an amendment to the Health Department grant agreement from the State Department of Health for Childhood Lead Poisoning. The amendment increases the amount of the grant by $30,000, extends the term of the grant to June 30, 2008. Otherwise it’s satisfactory for execution from a legal perspective. I think Madelyn has the original in the file.

President Musgrave: Is there a motion to approve?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. No other departments?

President Musgrave: Is there any new business? Mr. Stearns, were you here to give a department report?

Darren Stearns: No.

President Musgrave: Okay. Any new business? I would like to read into the record a letter that FEMA has sent to us. It is unusual that we get a letter like this, so, I would like to read it. It says:

“Dear Ms. Musgrave: In the four year history of FEMA’s pre-disaster mitigation grant program, we have learned many lessons about successfully managing a National multi-week evaluation process. During this year’s National evaluation we have encountered many new challenges and appreciate the lessons we continue to learn. In the face of each of these challenges, Roger L. Lehman provided thoughtful and dedicated service to the pre-disaster mitigation grant program evaluation process. It is my pleasure to acknowledge Roger for making a difference in the National evaluation process, in particular, for mitigation, in general. With my respect and appreciation, Lloyd Anthony Hake.”

President Musgrave: I think it Hake, H-a-k-e, the Grant Implementation Branch Chief, Mitigation Division of FEMA. As that’s a joint department, I think that’s very nice for FEMA to commendate our Building Commissioner for his help in the pre-disaster mitigation grant program. Is there any other new business?

President Musgrave: Any old business? We have the Building Authority’s revised Centre five year Capital Improvement Project proposal. We received that last week for our consideration. Were there any questions for Mr. Rector? Were there any changes to this?

Dave Rector: One slight change.

President Musgrave: One slight change?

Dave Rector: Dave Rector, Building Authority. I have one change that just came in late this afternoon from Scott Moore, the engineer with SMG. Next to the last item on the second page, the chiller oil pump replacement, we got a quote in for that close to $7,000. So, I’ve put that in as an estimate for $7,000 in 2007. Otherwise, all items remain the same. I’m open to any questions you might have on that. Darren Stearns just came in and is also here if you have any questions of him.

President Musgrave: Are there any questions?

Commissioner Nix: (Inaudible).

Commissioner Tornatta: Did you make a motion?

Commissioner Nix: No, I said, I have no questions.

President Musgrave: Is there a motion?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

Dave Rector: Thank you, Commissioners.

President Musgrave: Thank you, sir. The update on the animal control ordinance. We received, by e-mail, a draft animal control ordinance. That was put together by Sheriff Eric Williams and his staff. I’m going to post this on our website. It is still up for discussion. We have not yet had first reading. I know that the Sheriff and the Commissioners would appreciate any additional comments. I’ve already shared some of my comments with the group. Specifically, I would like the public, I don’t seem to have it here, it walked away since I was in my last meeting. Oh, I gave it to the attorney.

Ted C. Ziemer, Jr.: You did.

President Musgrave: It does deal with the issue that was brought to us regarding dogs that are in a neighborhood that, perhaps, bark and, I believe these particular dogs were attacking neighbors who would walk by with their own pets, or just walking by. So, it does address that issue. I know that the Sheriff met and spoke with many people. Did you want to discuss any of the folks that you met with to arrive at this draft ordinance?

Eric Williams: Sheriff Eric Williams. I just wanted to publicly acknowledge the people that gave me input, both e-mail and via the phone. The Health Department participated, the Evansville City Department of Transportation participated, the Human Society participated, and some other interested citizens. They all brought forth some information and input. I received several calls and e-mails, and we tried to encapsulate that into a good working draft for you all to take off with now and make an ordinance that’s going to be practical and enforceable for Vanderburgh County. We appreciate the opportunity to have a say in what we’re going to be doing.

President Musgrave: Again, I’m going to put this on the website. It should be up by tomorrow at noon, at the latest, I would think. We would appreciate your e-mailed comments to the Commissioners, or, I know that the Sheriff would also appreciate those. Commissioners, can we look, should we direct our attorney to begin drafting this to bring back next week as a county ordinance?

Commissioner Nix: That would be fine.

President Musgrave: Is there a motion?

Commissioner Tornatta: I make that in the form of a motion.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. So, we’ll look forward to first reading on this draft ordinance next week.

President Musgrave: Is there any public comment? I see none.

President Musgrave: The consent agenda needs to be amended. We were expecting a letter of support for a matter on Highway 41, but that is not ready, and will be brought to you when it is ready. So, please amend the agenda when you make the motion to delete that item.

Commissioner Tornatta: Motion to accept the consent items with the exception of the support for the development of Highway 41.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. If there’s no other business, a motion to adjourn?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. We are adjourned.

(The meeting was adjourned at 3:50 p.m.)

CONSENT ITEMS:

Employment Changes:

Prosecutor (4)                           Knight Assessor (1)                  Scott Assessor (1)

County Highway (1)                  Circuit Court (2)                        Sheriff Office (3)

Travel Requests:

County Highway (1)                  Health Department (3)              Auditor (1)

Auditor: April 2007 A/P Vouchers.

County Clerk: Monthly Report: February 2007.

Commissioners:

IBAP Gatekeeper: Monthly Report, car repair by township, thank you notes.

Legal Aid Society: March 2007 statistics.

Old Courthouse Craft Show Spring Financial Report.

Department Head Meeting Notes: April 3, 2007.

County Engineer: Pay Request No. 21: Burkhardt-Green River TIF Projects.

Surplus Letters:

Burdette Park: Surplus Correction: 2000 Ford.

Building Authority: Jury room furniture (tables and chairs).

Scott Assessor: Printer and computer.

County Assessor: Copier.

Public Defender: phones.

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer                           Veterans Service

Those in Attendance:

Cheryl Musgrave                      Bill Nix                                      Troy Tornatta

Bill Fluty                                    Ted C. Ziemer, Jr.          Marissa Nichoalds

Madelyn Grayson                     Mike Duckworth                        John Stoll

Eric Williams                             Dave Rector                             Darren Stearns

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Cheryl A.W. Musgrave, President

Bill Nix, Vice President

Troy Tornatta, Member

(Recorded and transcribed by Madelyn Grayson.)