VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

APRIL 12, 2011

The Vanderburgh County Board of Commissioners met in session this 12^th day of April, 2011 at 5:00 p.m. in room 301 of the Civic Center Complex with President Lloyd Winnecke presiding.

President Winnecke: Good evening. I would like to call to order the April 12^th meeting of the Vanderburgh County Board of Commissioners. We’ll begin with attendance roll call, please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Here.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Here.

Madelyn Grayson: President Winnecke?

President Winnecke: Here.

President Winnecke: Would you please stand and join us in the Pledge of Allegiance?

(The Pledge of Allegiance was given.)

President Winnecke: Before we get to our action items I would like to have our students introduce themselves. We have a couple of students from Youth Resources here. Just push the red button and pull the microphone down.

Sara Weinzapfel: Hi, I’m Sara Weinzapfel. I go to Reitz.

Ryan Schultheis: I’m Ryan Schultheis. I’m a senior at Memorial.

President Winnecke: Okay. Welcome.

President Winnecke: First is permission, I’ll entertain a motion to open bids for VC-52-2011, the 2012 reassessment services.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. Other questions or discussion? Hearing none, roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: So, we’ll open those.

President Winnecke: The first action item, Grow Southwest Indiana Workforce update.

Jim Heck: Good evening, it’s nice of you to let me come and talk to you again this year. We try to come here at least once a year, sometimes twice a year to give you an update about what we’re doing with the Work One offices in this nine county region. My name is Jim Heck, this is Lindsey Byers, and Lindsey has some material that she is going to give to you. I want to talk to you about a couple of things. First is, the last time that I was here we talked about whether we were going to remain as a regional workforce board, or we were going to become our own workforce investment board. We held that meeting, and all of the local elected officials agreed that we should stay as a regional workforce board. So, we took that action on, and let the State know that we wish to remain a regional workforce board. We sent that notice in, and we joined three other regions as the remaining regional workforce boards, there are 12 regions in the State, there will be four that remain regional workforce boards, and then the other eight will become their own workforce investment boards. Cheryl Musgrave is here and will be talking to you about the results of that as we go forward. I just want to bring you up to date on a couple of other things, by law, each year we have a local elected officials meeting where we talk to local elected officials about the things that are going on in our region, talk about a plan that we have put together. Our next one is May 12^th, you’ll be getting an invitation, but I wanted to make sure you had a save the date for that, May 12^th, it’s at 8:00 a.m. Central Time at the Wilder Center in Oakland City. That’s pretty much the center of our region, so, we try to do it there. All of you are welcome, we provide breakfast, we also provide clients and businesses that come in and talk about some of the services that they receive through our offices. The other thing that we’ll be doing at that region, or at that meeting is going over our plan that we have to turn in to the State on what services we’re going to provide for this region, and Lindsey has provided Commissioner Winnecke with a copy of that, it’s in a draft status. It has to be approved, and we go through a public comment period and give the elected officials an opportunity to comment on it. We would like for you guys to look that over. If you have any comments that you would like to have included in that, or any changes that you see that you would like us to make, we will discuss this at the May 12^th meeting. You can send those to us anytime before then, but we want to make sure that you have your, any input that you have, get it to us as soon as you can so that we can include it in that plan. We will turn that into the State on April 29^th, then we have that 30 day window where we take in public comment and comments from the elected officials. So, by that time we hope to have whatever comments you have into us. I wanted to also let you know that because we stayed as a regional workforce board, we become then a part of a workforce investment board with the other three regions that remain a workforce investment board, and those are the Columbus Region, the Bloomington Region, and then the donut counties around Indianapolis. So, those, along with us, those are the four regions that remained a regional workforce board, but we then form a workforce investment board of our own. That’s where Cheryl comes in, she’s the Executive Director of that new Workforce Investment Board, and she wants to talk to you about your role in that. Thanks, Cheryl.

Cheryl Musgrave: Commissioners, good evening.

President Winnecke: Welcome.

Cheryl Musgrave: It’s a pleasure to be here. As Jim said, I’m here representing the new Workforce Investment Board. This board only has 47 members, and I’m here to ask for your help in filling that board. It begins its role on July 1^st, and it’s hoped that the members would be seated by then. I’ve been visiting all of the Commissioners in the area, and the letters to local elected officials and Commissioners have gone out. Mr. Winnecke, did you get your letter some time ago, asking for your participation in nominating members for this board? We’re looking for the largest industries in the area, representatives of the largest industries, or representatives of those industries that are growing the fastest. That is because those industries place the greatest demands on workforce, and therefore on the needs for workforce training. So, if you could get some nominations to me, and I’ve given you my business card, before the end of April. I’m looking for a couple of nominations, and if you have more questions, please feel free to e-mail me and let me know. I think that’s all I have. Did I mention to you that the Governor will make appointments from the pool of nominees that we receive from all interested parties.

Commissioner Abell: Ms. Musgrave, I have a question.

Cheryl Musgrave: Yes?

Commissioner Abell: What information do you need about the nominees? Do you want us to give information about their position with the company, or anything that would help you, or do you just want their name and phone number and you’re going to call them?

Cheryl Musgrave: No, it would be best if you sent the resume, their resume, and a cover letter either from the individual, from you as the nominator, from their employer, describing why that person would be an asset to the board.

Commissioner Abell: And, when we contact these people, what sort of duties should we tell them and how often are they going to meet and those type things?

Cheryl Musgrave: If you’ll e-mail me, I will send you documents that I’ve drawn up that helps describe the roles and responsibilities and the various seats that are on the board and we can correspond back and forth about the other details as they arise.

President Winnecke: Steve? Okay, thanks, Cheryl. Nice seeing you.

Cheryl Musgrave: You too.

President Winnecke: Thanks, Jim.

President Winnecke: Next, permission to advertise the 2011 primary polling places. We are required to advertise in the local newspaper. We need to determine whether or not to also advertise in the Our Times publication at a cost of $500. I would entertain a motion to add Our Times to that advertising docket.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion? Hearing none, roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next, sale of county owned property at 510 Bellemeade to New Hope Baptist Church. This property was offered for bid to abutting property owners. The sole bidder was New Hope Baptist Church. I would entertain a motion to approve.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion? Hearing none, roll call vote.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next, a quit claim deed for 1401 Park Street. The county inadvertently took title to this property last May, via the 2009 tax sale. This property was the subject of a bankruptcy proceeding. At that time we vacated the order granting the county title and now we must execute a corrective quit claim deed to clear any title issues.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion? Hearing none, roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next we have vacation of a drainage easement at 2419 Wheaton Drive. The petitioner, is the petitioner here to speak? Would you like to come up and....good evening, could you state your name for the record please?

Aaron Muller: I’m Aaron Muller.

Gina Muller: And Gina Muller.

President Winnecke: And, you’re here to vacate–

Gina Muller: 2419 Wheaton Drive.

President Winnecke: Would you like to present....we’re looking at it on the map here. Would you like to give us a little explanation as to–

Aaron Muller: In 2007 we got an encroachment agreement and installed an in-ground pool, which extends into the easement. Actually, in 2008 we meant to file this vacancy petition, and got busy and just didn’t get around to it. So, we’re here now.

President Winnecke: Okay. Any questions of the Mullers? Is there public comment? Right, yes, you may, just come up and state your name. You can sit down for now, sure.

Jason Bailey: I’m Jason Bailey.

President Winnecke: I’m sorry?

Jason Bailey: Jason Bailey. I live at 2424 Curran Drive, directly behind their property. I just had a question on if that easement is vacated on that drainage, that what negative effects that could have on my property, as far as, you know, if drainage is needed who would be responsible for that? Would it be me, because I’m pretty much the sole property line behind that. I just needed some questions answered.

President Winnecke: I think we have a call in to the County Surveyor. Yeah, we anticipated his attendance.

Brenda Jeffers: I’ll see if I can find him.

President Winnecke: Okay, we’ll get that answered for you.

Jason Bailey: Okay. That’s the only question that I have.

President Winnecke: Okay.

Commissioner Abell: Mr. President, I think it’s a good question, because that area floods. I sold a house on Wheaton Avenue and I know that that area floods.

President Winnecke: Mr. Jeffers?

Bill Jeffers: Good evening.

President Winnecke: Good evening. We’ve had the request to vacate the drainage easement, Mr. Bailey has asked a question as to who would be responsible for drainage issues, if, in fact, this is approved.

Bill Jeffers: I believe Mr. Bailey lives in this home, with his wife, the co-owner, I guess, and Mr. Aaron, or Aaron and Regina Muller live here, and the easement to be vacated is along this south line of the Mullers. Originally, when section three, which is this tier of homes to the north, if we expanded out you would see that there is homes on both sides of the street. This tier is section three, and this is section four. If you look at it, section three was being developed later, or section four, excuse me, when section three was developed first, they platted an easement here in case it were needed to capture storm water coming off the hill up in McCutchanville. It comes more or less diagonally from the northwest, flows diagonally to the southeast in a natural pattern, thus they thought, well, if they stopped development of Windemere Farms at this line, they would place a ditch in that easement and carry the water due east under Stonewick and into an old farm roadway, that if we expanded out you would see there was an old farm roadway that runs all the way down to 57. However, and when they did this, they went ahead and exercised the option, the developer exercised the option on section four, and he, his excavating contractor had started a swale right about here in what is now Jason Bailey’s property, back yard, to capture the water that comes down off of section three, and the swale then runs over here to this property line, runs south between Connie Skinner and Jason Bailey and enters a pipe right here. The pipe carries the water underneath Curran Drive and then into the old natural watercourse that runs down here. It’s an improved watercourse now. So, it’s following the natural pattern, but this was typical of the way they developed these ten acre strips of ground, one by one, they just would cast the water into the next vacant ground where the option hadn’t been exercised yet, and, then as they exercised the option they would pick it up and convey it in an orderly fashion through an improved drainage system. So, to answer Mr. Bailey’s question, the swale grading, the yard grading in his back yard, as it exists today, currently is handling all of the drainage off of Aaron and Regina Muller’s back yard. It is currently picking it up, carrying it eastward across the back yard of Bailey, then southward between Bailey and Skinner and into a pipe. I don’t anticipate there would be any additional drainage, so long as Mr. Muller, when he back washes his filter and drains his pool and such things as that, as long as he pumps that out to the street system, I don’t see that there would be any additional water other than what naturally flows across the ground during rainfall, and, of course, auxiliary irrigation, you know, their yard irrigation systems. I don’t know if that answers the question. Lots of words there to sort out.

President Winnecke: Mr. Bailey, does that–

Jason Bailey: Yeah, I mean–

President Winnecke: Would you come to the microphone, just to make sure we get it on the record, please.

Jason Bailey: I mean, that’s currently what happens. My question was if somebody requested, which would, you know, could possibly only be me or Aaron or maybe the Claymier’s, you know, any of us right there in that area that could request additional drainage, who would be responsible for it? I mean–

Bill Jeffers: I think possibly, I might, I don’t want to put words in Mr. Bailey’s mouth, but I think what might possibly happen, he has yard grading in his back yard, as I explained, it picks up all of that water and carries it between his and his neighbors home. Because it’s open drainage, there are probably times during the year when his back yard remains wet for several days after the rainfall, and possibly he loses a little, a couple of days use of his back yard for his children, or it’s hard to mow the grass. So, if he were to place a pipe in that swale and install yard drains to pick up that flow, he would, if that pipe system occupied land greater than one lot, in other words if he just did it all on his own lot and took it out to the street system, he would have to obtain the permission of the County Engineer to connect to the street system, and it wouldn’t be a public easement. No problem. But, if he and say Connie Skinner decided to go together and pipe that swale between their homes, then you’re serving two or more lots, it’s a mutual drain and it would have to go into an easement. There would have to be an easement platted for a pipe that serves two or more properties. As long as it only serves one property it’s yard grading, if it serves two or more properties, and it’s a pipe, it has to be in an easement. I think that might be the question he’s driving at.

Jason Bailey: That would answer the question if I was the one, I mean, I’m fine with the way the water flows now. It works for me. Yes, there’s times in the year where, and it’s always been that way even before the pool was installed or the waiver was put in, but my only concern is is there going to be another easement assessed to where, you know, it could have property value issues for me? Later on down the road if I sell, or, you know, if somebody else requested drainage that’s going to serve multiple properties, then we’ve got....because I’m fine with it, so if I’m going to put in my own drainage, I know that that’s my responsibility financially, but if somebody else in that area decides, yeah, we need it too and we’ve got to come through your property in order to make that happen, now we’ve got a dual, we’ve got multiple properties involved–

President Winnecke: But, if I understood Mr. Jeffers correctly, you would have to be in agreement with that. Correct?

Bill Jeffers: I believe we’re getting into a legal question at this point, but, if Mr. Bailey and Ms. Skinner wished to have a joint project, if they agreed upon it and placed a pipe, it would require an easement.

Ted C. Ziemer, Jr.: Why would they do that?

Bill Jeffers: I do not know. If it’s working fine, I do not...I think now what Mr. Bailey is asking if someone else up here, anywhere, said, okay, I want to force you to have a drainage system through your property, a pipe, I don’t know why they would do that. I’ve never had any complaints up here other than the fact that when it rains hard a lot of water runs across those yards, but that should be anticipated. I think maybe his question is, if someone other than Jason Bailey, Connie Skinner on who’s property the drainage currently exists, if someone other than those two requested a more sophisticated drainage system, would the county come back and force Mr. Bailey, Ms. Skinner, or subsequent property owners of those two properties, force them to install it and thereby impact their property with a drainage easement and drainage structures. I think that might be the question. Would you, as County Attorney, or would a subsequent County Attorney set up a situation where the county would force Mr. Bailey, Ms. Skinner, or subsequent owners of those two properties to install a drainage system to serve other people? I’ve never seen it happen.

Ted C. Ziemer, Jr.: I can’t conceive of that situation, Mr. Jeffers. However, the issue here is the drainage easement that exists, and isn’t that flat ground practically? There isn’t a ditch there, is there?

Bill Jeffers: No, there never was a ditch there. There was only the plan that there might be a ditch there if this were the last tier of development, and the option on the rest of the ground were never exercised, and it remained farm ground, then there would have to be a curtain drain, an intercepting drain here to keep that residential water from flowing on to someone else’s property. That was the only reason for that easement. What I’ve discussed with Mr. Muller a couple of years ago–

Ted C. Ziemer, Jr.: Excuse me, I’m sorry, I don’t mean to interrupt, you know that, but you say that was the only reason for it. Now, given what has happened, does that reason still exist?

Bill Jeffers: No, sir.

Ted C. Ziemer, Jr.: So–

Bill Jeffers: And, that’s why I advised Mr. Muller that, if it were me, and I were paying taxes on that easement, and the easement had no purpose, and he had a use for his ground, to more fully utilize his ground with a swimming pool or a deck or whatever, to seek an encroachment agreement. Which he did, and he obtained an encroachment agreement.

Ted C. Ziemer, Jr.: Right.

Bill Jeffers: Since then he has indemnified the county with an also insured policy–

Ted C. Ziemer, Jr.: Right.

Bill Jeffers: –to indemnify us against any loss or damage on account of him occupying the easement with a swimming pool. Then, if I were he, and I was paying what I might consider an unnecessary insurance policy premium, now he’s seeking a vacation.

Ted C. Ziemer, Jr.: Right, and, generally the issue for any vacation of a drainage easement is, is there a need for the drainage easement?

Bill Jeffers: Not on Mr. Muller’s property, no, sir, because it’s a flat piece of property that drains off, and the drainage facilities now are on Bailey and Skinner, as placed there by the excavation contractor, who also was a partner with the developer of section four.

Ted C. Ziemer, Jr.: Though, Mr. Jeffers, in total fairness, and we want to be totally fair, when you’re asking to vacate a drainage easement, you give notice to all the abutting land owners, and one of the abutting land owners is Mr. Bailey–

Bill Jeffers: Correct.

Ted C. Ziemer, Jr.: –so, the issue is not solely whether elimination of the drainage easement would affect Mr. Muller’s property. It’s whether it would affect any of the properties that also get noticed. I think that’s the, whatever your opinion on that is, as the County Drainage Officer, is what the Commissioners will be looking for in this case.

Bill Jeffers: Relative to the type of storms you may have in the future, which could be stronger than those we’ve had in the past, or not, but relative to that statement, I don’t believe the impact upon Mr. Jason Bailey’s property will be any greater in the future than it has been in the past. He’s seen the kind of water that comes there, and unless we have a greater storm in the future, it won’t be any different than it has been in the past. We had a pretty good storm yesterday.

President Winnecke: Commissioner Abell, did you have a question?

Commissioner Abell: My only, my concern is if someone else above there puts in a swimming pool or in some other way paves, like for instance, 2411 Wheaton Drive, would that cause even more water to go down on Mr. Bailey, and would this easement have nothing to do with whether or not that did that?

Bill Jeffers: Anytime you add more hard surface, whether it’s a swimming pool or a swimming pool deck, it will cause a greater amount of surplus water to flow downhill, yes, and that water will arrive on Mr. Bailey’s property, yes.

Commissioner Abell: But, whether we vacate this easement or not won’t change that?

Bill Jeffers: Whether you vacate it or not.

Commissioner Abell: Okay.

Bill Jeffers: Because there’s no ditch in that easement to intercept it. The ditch is on Mr., the swale is on Mr. Bailey’s property, not on Mr. Muller’s.

President Winnecke: Any other questions or public comment? Anyone else? Mr. Bailey?

Jason Bailey: I still don’t think we’ve answered the question of if multiple people say they want drainage, and it’s got to come through there, who’s going to be responsible for it? That’s never, that still hasn’t been answered.

President Winnecke: If, I thought it had, that if–

Jason Bailey: No, if multiple, if, let’s just for example, if the Claymier’s and Aaron G. Muller and the Elsperman’s say, we’ve got all of this water coming through here, and we need to put a drainage in, and it’s coming through there, and it’s got to come through my property, am I responsible for that?

President Winnecke: Wouldn’t he have to agree to–

Jason Bailey: I mean, if I’ve got the ultimate hand of being able to say, yea you can do that, or no, you can’t, then I’m fine, but I don’t think that’s the case.

Ted C. Ziemer, Jr.: Well, no one can come through your property without your permission, and you’re not required to provide drainage for anybody. The question is, there is a drainage easement to the north of your property–

Jason Bailey: Correct.

Ted C. Ziemer, Jr.: –and to the south of the Muller property, which doesn’t do anything now, because it’s flat, as I understand it. Is that correct? So, everybody in the neighborhood could want drainage, but there is no drainage provided in the drainage easement, because there’s nothing there. So, they can’t require you to do anything.

Jason Bailey: Okay. That’s fine. Thank you.

President Winnecke: Thanks for coming out. Any other questions or comments? This hearing done, I would entertain a motion to approve the vacation ordinance CO.V-04-11-001, and this will be on first, this is a first reading. We have to go through this a second time.

Commissioner Abell: So moved.

Commissioner Melcher: I’ll second it.

President Winnecke: A motion and a second. Questions or further discussion? Mr. Jeffers, are you, anything else that you would like to add? Okay, thank you. Roll call vote, please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: I’m going to vote tonight just to send it on, but I’m going to have to study this more before the second and final reading. So, tonight I will vote yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: The second and final reading will be on our meeting at the 26^th of this month. Thank you.

President Winnecke: Next, under contracts, agreements and leases, Purdue Extension, corrected amendment number three. Additional funds were appropriated by the County Council for contractual services. This corrected amendment reflects the change. I would entertain a motion to approve.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion?

Commissioner Abell: What’s this for?

President Winnecke: This is, let me look back here. I looked at it the other day.

Commissioner Melcher: It’s about three hundred dollars.

President Winnecke: This is like a three hundred dollar amendment to, let me look at this here. It has the total amount, it does not have the amended amount. It has the total amended amount, but not the difference. I apologize. This has been approved by the County Council, the additional.

Madelyn Grayson: I have that amount, if you need that.

President Winnecke: Do you?

Madelyn Grayson: The County Council approved that on February 2, 2011, and it was for $361.

Commissioner Melcher: I was close.

Commissioner Abell: My question is, is it to contractual services for a copier, contractual services–

Madelyn Grayson: For Purdue.

Commissioner Abell: For Purdue themselves? Okay.

Ted C. Ziemer, Jr.: It’s for the operation of the extension center.

President Winnecke: Did I get a second on that?

Commissioner Abell: I’ll second.

President Winnecke: A motion and a second. Questions or further discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next, the County Assessor, Xerox lease agreement for three copiers. The three copiers will replace an excess of six copiers that are currently existing in the Assessor’s office, and are to be leased under a master pricing agreement between Xerox and the city and county that was entered into July of 2010. The lease periods for each of the new Xerox copiers are for 60 months, and this is for a less amount than, a smaller amount than what we’ve been paying now, which is always good. I would entertain a motion to approve.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. Questions or discussion? Hearing none, roll call vote, please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next, Health Department, Lieberman Technologies agreement for software updates for applications on food permits. The cost of the update is $3,640, which will be paid at the end of the update, which is estimated to take approximately 45 business days. The Health Department has grants secured to cover this cost. I would entertain a motion to approve.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next, department head reports. Mr. Stoll?

Ted C. Ziemer, Jr.: Excuse me, President Winnecke, I have these bids.

President Winnecke: Oh, sure. Let’s do that first.

Ted C. Ziemer, Jr.: Okay, thank you. This is for the 2012 reassessment services. We have a bid from Nexus, N-e-x-u-s, for $434,000. Then there are various components to that bid. In addition there is an addendum to the bid, which the bidder has completed. The second bidder is Aaron Kendall of Vanderburgh County. His bid is $115,000. There are, just on reviewing the bid in a cursory fashion here this evening, I noticed that various provisions of the bid document have been crossed out, but that will be reviewed more carefully later, I assume. Then there was an addendum that was partially completed. Then there’s a bid by Tyler Technologies, and its bid is for $598,800, and an addendum was completed for that bid.

President Winnecke: At this time I would entertain a motion to take those bids under advisement.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion?

Commissioner Abell: Mr. Ziemer, could you tell me what city the other two, other than Aaron Kendall are out of?

Ted C. Ziemer, Jr.: Sure. Just one second. The Nexus Group is from Zionsville, Indiana, and Tyler Technologies is Dayton, Ohio.

Commissioner Abell: Thank you.

Ted C. Ziemer, Jr.: You’re very welcome.

President Winnecke: Did I get a second? Okay, thanks, sorry I can’t keep track of that. Roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Mr. Ziemer, anything else for us tonight?

President Winnecke: Okay, John Stoll?

John Stoll: The first item I have is a request to have a notice to bidders authorized for the concrete repair contract. This would cover concrete street repairs in Copperfield Subdivision, Greenbriar Hills Subdivision and Oak Ridge Subdivision. These were the three subdivisions that we recommended whenever we discussed this at a previous meeting.

President Winnecke: I would entertain a motion to approve.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion? Anything you would like to add, John?

John Stoll: Just that would cover the advertising as well, getting it in the Courier.

President Winnecke: Okay. Roll call vote, please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

John Stoll: The second item I have is that I would like to request approval to file a travel request with County Council for me to attend the County Engineer’s annual meeting in Indianapolis on June 1^st and 2^nd.

President Winnecke: I would entertain a motion to approve.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. Questions or discussion? Roll call vote.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

John Stoll: The next item, I had previously indicated that we were going to open bids on an erosion repair project on University Parkway, but after a couple of my staff members met with the contractors yesterday, we decided that we needed to rewrite the scope of work in order to hopefully save some money. So, we’ll, hopefully, bring that back for the meeting on the 26^th.

President Winnecke: Okay, thank you.

John Stoll: Then, the final item that I have is a sidewalk waiver request for Interstate Crossing Subdivision. This is the proposed commercial subdivision located at the Highway 41 and I-64 interchange. It’s the old Busler’s site. They’ve requested a sidewalk waiver because it is a commercial site, they anticipate their customers all arriving by car, interstate travelers and the fact that there aren’t any residential subdivisions immediately adjacent to this site. So, that was their justification, so, I would recommend approval of the sidewalk waiver.

President Winnecke: I would entertain a motion to approve.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. Questions or discussion? Hearing none, roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

John Stoll: That’s all I have. Thanks.

President Winnecke: John, two quick questions before you leave. I’ve had several requests over the last several days about the status of the Green River Road project. Are they out? I know they’re out–

John Stoll: They are–

President Winnecke: –I’ve seen them.

John Stoll: –they’re anticipating paving the week of the 25^th. In talking to the inspector, he expected the project to be finished by the end of the first full week of May or the start of the second full week of May. They’ll be putting the final inch of asphalt surface down, they’ve got some milling work that they’ll be doing in the Lynch Road intersection. Once all of the milling and paving is done, then they’ll do the striping, and we’ll wind it up here in the next few weeks.

President Winnecke: So, that would, the second full week of May would be including final striping?

John Stoll: Correct.

President Winnecke: Okay, that’s good news.

John Stoll: Unless the weather turns on us and messes up that schedule, we should be able to hit that.

President Winnecke: I’ve been delayed several times on the First Avenue Bridge of late, how, what’s the status of it?

John Stoll: They finished the asphalt paving on the south approach today. Now that just leaves the striping, and I don’t have an exact date for striping as of yet, but that’s the only remaining item and that project will be totally finished.

President Winnecke: Good. Any other questions of John? Thanks, John.

John Stoll: Sure.

President Winnecke: Mike Duckworth, do you have anything?

Mike Duckworth: Good evening, President Winnecke, Commissioners, members of the organization and ladies and gentlemen. I’m here tonight to, I guess, kind of refresh your memory in regards to the road hearing that we had a few weeks back where we offered for folks to come in and to share their problems with their county roadways. It was sparsely attended. Since the advertising and since the information has gone out on that, we have received other complaints, but since that time period, as customary, we have established a 2011 paving list. I’ve submitted that for your inspection, and, as I understand it, this week we have it on our website, and I believe it’s been put on your website for folks to take a look at. It includes 12 sections of county roadway, a total of 10.18 miles. It’s down a little bit this year due to our budgetary constraints and also the cost of oil and asphalt. So, that’s kind of where we are right now, in regards to paving. We are now completing the pothole blitz and we have done extensive work throughout the county on smaller areas. From this point on we will, although we’re only doing ten miles, we will do some small sections that are causing motorists some problems out there in bits and pieces to keep our costs down and to also handle some of the problems that we’re dealing with.

President Winnecke: Let me add just a little color to everyone, Mike and I have had several discussions over the last week, along with County Auditor, Joe Gries, and members of the County Council. This is a budget concern, we anticipate not inserting some COIT money into Mr. Duckworth’s budget in 2012. What we’re asking him to do is to encumber a bit of that money, about $140,000 of that money, into 2012 to accommodate anticipated expenses for salt in 2012, and to keep a little dry powder, another $140,000 or so, for any anticipated storm clean ups that we may have this spring. That would leave approximately $740,000 to do the paving list. That’s why it’s down from the original list of–

Mike Duckworth: It’s actually just a little bit less than that, because when we did an early year transfer to cover our costs of road salt, the Council did not replace all that we transferred.

President Winnecke: Right.

Mike Duckworth: So, I think it’s about $680,000, and this 10.18 section of roadway, plus another account that has $75,000 in it that we do deep patches and we do potholes, crack seals, those kinds of equipment with, that will take care of that. So, it will get us up pretty close to being able to take care of this.

President Winnecke: No, I understand, and the point I was merely trying to make is we’re trying to look at funds that we have this year to see how we can stretch them into 2012.

Mike Duckworth: Exactly.

President Winnecke: That’s the point. So, since this is a revised list of the paving list, I suggest that we leave it out there on our websites for another couple of weeks for people to review and comment on, then we would take final action on it at our April 26^th meeting.

Mike Duckworth: Just one other thing, and that is that you’re aware of the flooding issues that we had, and, you know, as the river raises and falls, we just got Old Henderson Road cleared of most of the debris, all the way back, just about as far as you can drive, and our crews have worked extensively on that area, as well as South Weinbach and Waterworks Road. The river is getting back up, so we’ve got approximately 12 or 13 more streets, more roadways closed now. So, that will mean we’ll have to go back out and redo our work, but there’s no way to anticipate if that’s going to happen or not. So, between snow, flooding and then we’ll start our mowing here pretty soon too, it keeps us busy. So, just wanted to let you know that we do have some roadways that are closed out there, in those low lying areas, and as soon as the water recedes we’ll be back on those.

President Winnecke: Thanks, Mike. Any other questions? Thanks, we appreciate it.

Mike Duckworth: Thank you, uh-huh.

President Winnecke: We have no board appointments.

President Winnecke: No new business, we just took care of the revised paving list.

President Winnecke: Any public comment on any issue?

Casey Williams: Good evening.

President Winnecke: Good evening.

Casey Williams: My name is Casey Williams. I’m the Public Relations Coordinator for Smokefree Communities. I wanted to come and do a couple of things tonight. One would be to thank you all again for having the fortitude to pass the smoking ordinance that protected workers in the county. Secondly, I would like to just give you an update, as far as what we are doing to help this process, this transition that’s going to be happening this summer. To bring you up to speed, it was originally eight bars, taverns, which I’m sure you know, since the legislation passed, the Order of the Eagles has been annexed into the city April 1^st, so that brings us down to seven. As you know, last week the Dutch Korner burned down, which we found out now is due to cigarettes. So, that brings us to six....I’m seeing some smiles, I mean.

President Winnecke: Smiles of irony, no other reason.

Casey Williams: Okay. So, that takes us down to six bars that we’re working with now. This week we mailed a letter to these bars, pretty much informing them of the change coming, and, basically, offered our services, as we would like to help these bars as much as we can for what, you know, what’s going to be a big change. We’ve also been, I’m going to deliver these implementation packets, which I would like to give to you. In these packets are kind of handbooks to the bar owners as far as how to go about this transition. Throughout this process we plan on meeting with all of these bar owners to, you know, help them with any questions they have. We’re also going to be offering them smoking cessation for the employees, for their patrons. We’re also going to be providing them with promotions, as far as when the change actually does come. We’re going to be trying to organize some events as to, to take this as an opportunity for a positive change, which we believe it will be. We are also going to be conducting an air monitoring study where we’ll be surveying the air of these bars before the implementation, and after to see the changes in the air quality, and we will be back providing you with that information. The State, as you know, the HB1018 bill died in the State legislature. Unfortunately, the State kind of backed away from this issue again this year, and, hopefully, we can get something going in the City Council as legislation similar to what you passed. So, basically, I just wanted to let you know what we’re doing and that we are trying to take this every step of the way with these bars and offer what we can do to help them, because our organization has been with other towns and people with ITPC, one of our lead agencies, has helped this process in Bloomington and several other cities. So, once again, thank you for passing this, and we are definitely here for you guys and here for these bars. So, thank you.

President Winnecke: Thanks, Casey. Any questions?

Commissioner Melcher: Yes.

President Winnecke: Steve?

Commissioner Melcher: I guess, I’ve got two.

Casey Williams: Okay.

Commissioner Melcher: Have you contacted, or are you going to contact Funkhouser Post No. 8, the American Legion Post?

Casey Williams: We have not.

Commissioner Melcher: You said bars, and that’s not a bar.

Casey Williams: Okay, yeah, I’m sorry, private clubs, bars. Bars is a general term, but you are correct, it’s a private club.

Commissioner Melcher: Then, as far as the State, it’s my understanding that even the local group, and I understand you guys even said that you didn’t want the ordinance passed.

Casey Williams: Right, well, when I said the State kind of backed out–

Commissioner Melcher: They backed out because–

Casey Williams: Well–

Commissioner Melcher: – because the groups went to them and said we don’t you passing a partial.

Casey Williams: –that’s true. We had a good bill, months ago the bill was then amended to exclude bars, basically not changing what was actually happening. They made the bill much, much weaker to include bars, restaurants, things like that. At that point, our organization said, we don’t want a bill to pass unless it is really going to change. The bill, currently 1018, the bill, the way the bill was, we weren’t satisfied with, because it really didn’t change anything. So, kind of in a round about way, you’re kind of correct, because we supported the original bill, but the way it was weakened and amended we weren’t in favor of that.

Commissioner Melcher: Because what I read it was just the casinos, taverns and fraternal, it wasn’t restaurants, restaurants were still banned.

Casey Williams: Restaurants, you’re correct, but bars–

Commissioner Melcher: So, the health issue we would have been able, if they did pass it, would have been able to at least save a lot of people in these restaurants and a lot of these other places. Especially the three counties around us would have been on the same, almost the same level as us. At least it would have given all of the businesses a fighting chance, but we’re back to unequal again because of the groups telling the State not to pass it.

Casey Williams: Well–

Commissioner Melcher: I just didn’t understand that.

Casey Williams: Yeah, as I said, when, if a State bill was passed that really didn’t change much, we feel that people may become apathetic about the issue, and they will think that more people are protected than really are. So, we want a stronger bill than what 1018 ended up becoming. I’m not–

Commissioner Melcher: So, you wouldn’t be against, and I’m just throwing this out, you wouldn’t be against the City Council if they just threw theirs out then, because theirs is kind of similar to the State.

Casey Williams: Well–

Commissioner Melcher: I mean, either you’re for health or you’re not.

Casey Williams: Right, well, what we proposed last spring with the City Council, you know, our organization would like to see no exemptions at all, but the way the bill was was the casino was exempted and that didn’t, obviously, didn’t pass. So, like I said, our organization, Smokefree Communities, would love to see an across the board, no exemptions, every worker is protected. But, obviously, none of us are on the City Council, so we have to work with what the Council proposes, and, you know, that’s what we want. If we’re going to get that is another question.

Commissioner Melcher: No, I understand, but it’s always about health–

Casey Williams: Right.

Commissioner Melcher: –and, you know, somebody’s health over here, if you could save this over here, that’s worth saving if that’s what it’s about.

Casey Williams: Right, well, like I said, we would push for a completely comprehensive ordinance.

Commissioner Melcher: Okay.

Casey Williams: It’s not that we said we don’t want this bill to pass, but it wasn’t a good bill, and the fact that it died didn’t break our hearts, because, basically, that bill would have changed, would be very insignificant changes as far as the workers that would be protected.

Commissioner Melcher: Cause the rumblings I hear is next year is an election year and it would be tough for you to even get started next year then.

Casey Williams: Right.

Commissioner Melcher: So, you would be another year away, and there’s a lot of people that would be working–

Casey Williams: Right.

Commissioner Melcher: –that could have been healthy, or at least partially.

Casey Williams: Right, we totally agree, I mean, we wish it could have passed in the City Council, we wish it could have passed in the State, but these bills get up there then they become so watered down and weakened so much because of amendments that the bill doesn’t really end up changing much.

Commissioner Melcher: Okay, thank you.

Casey Williams: Thank you.

President Winnecke: Thanks, Casey. Any other public comment on any issue? Down, Bill. Hearing none.

President Winnecke: I would entertain a motion to approve the consent agenda items with one item removed for separate consideration, that would be the Cooperative Purchasing Organization contract cancellation.

Commissioner Melcher: I’ll make the motion to do what you said, accept everything except for the Cooperative.

Commissioner Abell: Second.

President Winnecke: A motion and a second questions or discussion? Roll call vote.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Madelyn, would you do a dramatic reading for us?

Madelyn Grayson: The consent items for the April 12^th meeting are as follows; approval of the March 29, 2011 Commission meeting minutes, the March 30, 2011 joint County Commissioners-City Council meeting minutes; employment changes for the Commissioners approval, there are ten for Burdette Park, two for the County Highway, and one for Veterans Services; the County Engineer has pay request number 125 in the amount of $28,368.65 for TIF projects; the County Auditor has the March 2011 A/P vouchers; the Commissioners have a waiver of Old Courthouse rental fees for Historic Preservation banquet on May 9^th, and a request for the use of space and waiver of fees in Old Courthouse for Workers Compensation hearings; and there are department head reports from the County Engineer and Burdette Park.

President Winnecke: Thank you. At this time I would entertain a motion to approve the Cooperative Purchasing Organization contract cancellation.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. Questions or discussion? Actually, I’ll just offer a point, I’m going to vote against this. I’m not really, I’m not really pleased with how this contract has been, is being eliminated. I’m not sure that it’s been handled in the most, in the spirit in which the Cooperative Purchasing Organization was formed. So, that’s why I’ve asked for this to be pulled out, and that’s why I’m going to vote, not vote for it. So, roll call vote please.

Ted C. Ziemer, Jr.: Excuse me, I’m sorry, may I just make a comment?

President Winnecke: Oh, absolutely.

Ted C. Ziemer, Jr.: From a legal perspective–

President Winnecke: Right.

Ted C. Ziemer, Jr.: –and it does not address concerns about the way things were handled, but from a legal perspective, the contract was entered into in September of 2009. It’s a three year contract, and it provides that it can extended for year to year, for one year after that, automatically. There is a provision in the contract which says that the, and I’m quoting, the CPO, that’s the Purchasing Organization, reserves the right to terminate this agreement with a 30 day calendar notification period. And, our interpretation of that, as your legal counsel, is that the CPO has the right to terminate this agreement on giving 30 days advanced notice to the, to EcoQuip. That notice was given by the Purchasing Organization in time for that 30 day period to elapse to allow a termination on April 30, 2011. So, without more, it will terminate on April 30, 2011. The CPO, the Collective Purchasing Organization, has three members, one is the Evansville School Corporation, the second one is the City of Evansville, and the third one is the County Commissioners. Actually, all the Commissioners were doing by the action in the consent items today was acknowledging that the CPO had given notice to terminate the agreement on April the 30^th, and nothing more. If the Commissioners wish to take any kind of action with regard to this termination, I think then between now and April the 30^th there needs to be a discussion between the Commissioners and the City and the Evansville School Corporation relative to the issue of termination, and then perhaps, President Winnecke, if you wish, the manner in which the proposed termination was handled. So, from a legal perspective, it’s our opinion that the CPO has the right to terminate this agreement, and that it exercised that right correctly. We, of course, offer no opinion as to the manner in which that was done.

President Winnecke: And, I would, I acknowledge the legality of it all. I’ve had discussions with representatives of the School Corporation and with EcoQuip, and when I said the spirit of the CPO I didn’t think was being followed, that’s because, in my opinion, a competitor of this company, I think, has poisoned the well against this company. So, that’s why I make the comments that I did. That’s, I’m not sure I’m going to change the mind of the School Corporation based on my discussion, or the City based on that conversation either.

Ted C. Ziemer, Jr.: And, just one other point, President Winnecke, I am advised by Debbie Spalding that they advertised for bids for this service, and EcoQuip was invited to come to the, you know, to submit a bid. So, I don’t know what transpired there, but I do know that that occurred.

President Winnecke: Any other discussion or questions? Roll call vote.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Are we voting, I’m not sure what we’re voting on.

President Winnecke: Oh, I’m sorry. If you vote in the affirmative you’re voting, you’re acknowledging the termination as, right.

Commissioner Abell: I vote yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: No.

(Motion approved 2-1. Commissioner Winnecke opposed.)

President Winnecke: Any other business to come before the Commissioners? I would entertain a motion to adjourn.

Commissioner Melcher: So moved.

Commissioner Melcher: Second.

President Winnecke: Drainage Board will begin shortly.

(The meeting was adjourned at 5:58 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the March 29, 2011 Commission Meeting Minutes.

Approval of the March 30, 2011 Joint Commission-City Council Meeting Minutes.

CPO: Letter of Cancellation of Contract with EcoQuip: Multi-purpose Cleaner.

Waiver of OCH Rental Fees: Historic Preservation Society Banquet: 5/9/11.

Waiver of OCH Rental Fees: Workers Compensation Hearings: Various Dates.

Employment Changes:

Veterans Services (1)               County Highway (2)                  Burdette Park (10)

County Clerk (1)                       Prosecutor (1)                           Superior Court (1)

Sheriff (7)                                  County Assessor (1)                 Circuit Court (1)

County Auditor: Approval of March 2011 A/P Vouchers.

County Engineer: Pay Request No. 125: Green River-Burkhardt TIF Projects.

Department Head Reports:    County Engineer                       Burdette Park

Those in Attendance:

Lloyd Winnecke                        Marsha Abell                            Stephen Melcher

Joe Gries                                  Ted C. Ziemer, Jr.                    Marissa Nichoalds

Madelyn Grayson                     Jim Heck                                   Cheryl Musgrave

Aaron Muller                             Gina Muller                               Jason Bailey

Bill Jeffers                                 Brenda Jeffers                          John Stoll

Mike Duckworth                        Casey Williams                         Others Unidentified

Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Lloyd Winnecke, President

Marsha Abell, Vice President

Stephen Melcher, Member

(Recorded and transcribed by Madelyn Grayson.)