VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

APRIL 17, 2007

The Vanderburgh County Board of Commissioners met in session this 17^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: It being 3:30, I’m going to call to order the April 17, 2007 meeting of the Board of Commissioners of Vanderburgh County. We will start with introductions.

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, Mater Dei High School. Go Wildcats!

President Musgrave: County Commissioner Cheryl Musgrave,.

Commissioner Tornatta: Troy Tornatta, County Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

President Musgrave: Please join me in the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

President Musgrave: Is there a motion to open the bids/quotes for the Burdette Park Day Camp t-shirts and the moving of election equipment?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Our first action item is the first reading of ordinance CO.04-07-005, the animal control ordinance.

Ted C. Ziemer, Jr.: Madam President, there is one thing, on the copy of the ordinance that each of you have in front of you there is a blank that appears under item J on page four. That just didn’t get filled in. It should say, if you’re ready? It should say, “6.05.030". Thank you.

President Musgrave: Why don’t we go ahead and ask for public comment. Sir, I believe you’re here to discuss the animal control issue. Please come forward and state your name and address for the record.

Wilburn Muensterman: My name is Wilburn Muensterman. I live at 3310 Stacey Court. I’m also a Mater Dei Wildcat, although I went to Memorial. I’m just here to go on record to file a complaint against a lady by the name of Nancy Gump that lives at 3300 Stacey Court. She has eight dogs, they start in about 6:15-6:25 in the morning, and they go to sometimes 10:00-10:30 at night. I threw away my alarm clock two or three years ago. I just think something really needs to be done about it. I’m wondering about the limit of dogs too. I was told by the Sheriff she could have 20 or 30. When I called him out last Saturday night, they was barking from 6:30 till 9:00. He come out about 9:15, he drove up in the driveway, and they really went ballistic. He went up to the door, he knocked on the door, she wasn’t home. He come over in my driveway, he said, “I can’t do anything. She’s not home, and if she would be home, I still couldn’t do anything. I could only walk up and ask her nicely if she would take her dogs in the house. If she doesn’t, there’s nothing I can do.” I said, “Well, that doesn’t make sense, because in the county if a kid’s driving a car and his muffler is making a little bit of noise, the Sheriff will pull him over and write him a ticket. So, why can’t you do something with somebody that’s rather rude and doesn’t have any concern for her neighbors?” So, I’m here to find out what I can do to maybe get some kind of petition started to limit it to three dogs, or four dogs in the neighborhood, not eight, ten or fifteen in a little residential neighborhood. I just don’t understand that. It confuses me. That’s basically all I’ve got to say.

President Musgrave: Mr. Ziemer, I know you’re occupied with going through those bid documents, would you take a moment and explain what the ordinance that we have on consideration now would do to help this gentleman, and others in his same predicament?

Ted C. Ziemer, Jr.: Actually, if it would please the President, I would rather have him call me and I’ll be glad to explain it to him over the telephone. I’m going to have to read through the ordinance. As you know, it was written by committee, and what I did was negotiate with the committee a bit as to the terms of the ordinance, and then I drafted the ordinance. I don’t even know everything that it says.

Wilburn Muensterman: Okay, my wife’s a classmate of yours, Ted, Memorial ‘52, I’ll let her call you, okay?

Ted C. Ziemer, Jr.: Okay. Yeah, and my phone number is 424–

Wilburn Muensterman: Let me get a paper.

Ted C. Ziemer, Jr.: Come here, I’ll write it down, just come on up here.

Wilburn Muensterman: She’s knows you better than I do.

Ted C. Ziemer, Jr.: Well, now you know me as well as she does. Okay, it’s 424-7575.

Wilburn Muensterman: Any special time to call you?

Ted C. Ziemer, Jr.: No, just call me, if I’m not there my secretary will take a number and I’ll call back.

Commissioner Nix: That’s his office not his home.

Ted C. Ziemer, Jr.: Yeah, yeah, right. Thank you.

President Musgrave: But, you have a copy of the draft ordinance, so, you can take that home and also look through it. If you have any questions after you look through it, be sure and give Mr. Ziemer a call.

Wilburn Muensterman: Thank you very much.

President Musgrave: You’re welcome. Is there anyone else wishing to make a comment about the ordinance? If not, I would like to call for a vote on the first reading. A motion please?

Commissioner Nix: Move approval of the first reading.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Musgrave: And, I vote yes. This will reappear on our agenda next week for second, and, hopefully, final reading. If you have questions about the ordinance, it will be posted on our website. We had a draft up this past week. That draft has been modified slightly, and there will be the draft that will be up for vote next week. Ms. Nichoalds, about what time do you think you can have that?

Marissa Nichoalds: I can have it done by the end of the day today.

President Musgrave: By the end of the day. So, anyone who’s interested, please don’t hesitate to log on and take a look at that, and let us have your comments.

President Musgrave: We move now to permission to award VC-50-2007, County Highway storage building bid. Mr. Duckworth?

Mike Duckworth: Good afternoon, Mike Duckworth, Bosse class of ‘74. Had to get the public schools their due today. I’m here today to ask you to accept the low bid in this matter, and award it to ECI Construction in the amount of $251,700. We do have the funds in place, and I’ve provided that information to you as to where they would come from. They include CCD, Cum Bridge and an Infrastructure account of the County Commissioners, totaling $260,000, which leaves us a little bit of contingency in case of a problem. We would ask for your approval on this matter at this time.

Commissioner Tornatta: And, Mr. Duckworth, that’s prevailing wage and we went through all of the channels to make that, and you told me that, and I appreciate you going that extra step.

Mike Duckworth: Yes, this was originally going to be a project that wasn’t so encompassing, but we had some meetings with different folks, and the matter came to us that it was going to be in excess of $150,000. So, according to the law, we opened it up and I think common wage, prevailing wage will be paid in this. We did have the meeting with the union representatives, we’ve gone through site review, and we have the drug testing policy and the minority business policy in line. So, I think we’ve done everything, and our state permits, we’ve got all that completed, so, we should be in good shape to award the contract.

Commissioner Tornatta: Thank you. Move approval on ECI contract.

Commissioner Nix: Second.

President Musgrave: In addition to everything else you’ve done, you listened to me ask you yesterday to make sure that the building was energy efficient, and you’re going to take another pass over that. So, with all of that said–

Mike Duckworth: I will tell you in meeting with Steve Hahn, our engineer and land surveyor, that, and with Mr. Elpers with ECI, that we will, again, revisit that and insure that we can do everything there is to make sure that it’s a user friendly, efficient facility. Now remember, this is just a storage facility.

President Musgrave: Right.

Mike Duckworth: So, there’s not going to be a lot of heat and light and those kind of things, but, basically, the use for this is to keep our high dollar equipment out of the weather to preserve it and to add life to it.

President Musgrave: Okay, any further discussion? All those in favor?

All Commissioners: Aye.

Mike Duckworth: I do have a couple of other things, if I can cover them? One of the things is that Commissioner Tornatta and myself met with County Council President Marsha Abell and Finance Chairman James Raben recently in regards to our paving budget, and after some discussion of our needs and the fact that we have an account in our Highway Department that is an unappropriated account, they have basically given me permission to seek an additional $275,000, and we will be in the process of doing that. In the event that that is approved, that will mean that every road, except a couple of our roads that have been brought to us in the road hearings, will be completed this year. Mr. Raben had also indicated to me that later in the year, if we get down to where there is some more needs for those other two roadways, and we’ve built a little bit of a pad here because of escalating clauses and costs on oil and those kinds of things, that there is the possibility that there may be some additional funds available at a later time. If not, then we can put those remaining roads on the first of the list for next year. So, this is approximately, represents about 30 miles of road, as opposed to 22 that we had originally brought you, and I’m confident that we can work through that and better utilize our new paver.

President Musgrave: I would also like to thank Councilwoman Abell and Councilman Raben, they met with you and I and John Stoll the week before and followed that up and also Auditor Fluty provided some figures that helped at that meeting to arrive at the point where it looks like $275,000 might be available to complete more paving this year, with perhaps the option of coming back even for more later on in the year, depending on how things look in the budget later in the summer. I say congratulations to everybody who worked hard to bring this to the floor. We’ll look forward to no rain so that you can complete all the paving.

Mike Duckworth: Just one last item, if I may? We had an emergency request for travel for two of our mechanics to take a piece of equipment to Jasper. I would ask that you would consider that. They need to do that later this week to have an engine on warranty repaired.

President Musgrave: Do we have that travel request already?

Mike Duckworth: Yes.

President Musgrave: Okay, we can just amend the consent agenda. Anything further, Mr. Duckworth?

Mike Duckworth: No, thank you very much.

Commissioner Nix: Just one thing real quick, Mr. Duckworth?

Mike Duckworth: Yes.

Commissioner Nix: Or, two things, or actually, two things. One, how soon will the building start?

Mike Duckworth: I guess, almost immediately after this contract or this approval of awarding the bid is signed.

Commissioner Nix: And, how soon will you start paving? Just for the public’s information.

Mike Duckworth: We’re going to do some training on our new paver within the next week or so. We’re waiting on the asphalt bids to come through. We anticipate the first part of May.

Commissioner Nix: Thank you.

Mike Duckworth: Thank you.

President Musgrave: We move now to contracts, agreements and leases. First–

Ted C. Ziemer, Jr.: Excuse me, do you want to do the bids?

President Musgrave: That comes a little bit later.

Ted C. Ziemer, Jr.: Okay.

President Musgrave: We have several contracts, agreements and leases. The Courts HP lease agreement acceptance certificate. It looks like we can do several of these as a group; the BLA, did you want to leave any out? Okay, the BLA supplemental agreement number one for Cross Pointe Boulevard extension, the KRONOS maintenance agreement, the Burdette Park-University of Southern Indiana use agreement for campus facilities, where it says Evansville Water DIA upgrade contract, it might be better described as the City-County DIA upgrade contract, the EMA Homeland Security sub-grant agreement. If there are any questions we can take those, otherwise, a motion to approve all of those might be in order.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We move now to department head reports. Mr. Stoll, do you want to go first? Burdette, do you have anything today for Burdette? Or are you just here to observe? Just here to observe. Are there any other department heads who need to make a report? Alright.

John Stoll: The only item that I have is a right-of-way agreement for, between the county and INDOT for the University Parkway project. This is the contract that will allow us to use the federal funds to purchase the right-of-way on that project. This is all remaining phases of the project between Upper Mount Vernon and Diamond. Back in early February you had signed this contract previously, it was submitted to INDOT, and in turn it was sent to the Attorney General’s office, they in turn wanted to make some revisions, and they finally got the revisions made, returned that to me, the County Attorney has since reviewed the amended contract, said it’s okay for your signatures. So, I would request that you sign off on the contract, and then we’ll return it to INDOT,and, hopefully, we’ll be buying right-of-way on that project here soon.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: In regard to that contract too, basically, the county will have to pay the money up front, and then seek reimbursement from INDOT. So, I just wanted to clarify that part of it. That’s the only item I had this afternoon.

President Musgrave: Thank you.

John Stoll: Thanks.

President Musgrave: Any other department head reports. Let’s go ahead and do the bid report.

Ted C. Ziemer, Jr.: Okay, go Tigers! For the voting machines we have a bid from Kinder, $8.800. Southern Moving Company, $9,650. Belmont Moving, $5,376, and PD&S Moving, $9,680. For t-shirts for Burdette Park, Chips, $5,154.40; Southway and Graphics , $5,152.85; Phoenix, $5,020; Cintas Corporation, $6,950.15; Pro Mark, $6,760.28; Siegel’s, $6,171.98.

Commissioner Nix: Move to take the bids under advisement.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Is there any new business?

Commissioner Tornatta: I have one thing, this was on my desk this afternoon. I’ve spoken to the Building Authority’s office. This is pay requisition number 85 for the jail out there, it’s for $124,764.70. The majority of this is either retention or contract amount. There’s a small amount that we were going to take out of retainer, or, excuse me, out of the contingency fund. I spoke to the Building Authority office right before the meeting and we have about $25,000 left in the contingency fund. So, I would like to make a motion that we approve this.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Mr. Ziemer?

Ted C. Ziemer, Jr.: Yeah, I do have one other item. We have been negotiating with the State of Indiana, through the Department of Local Government Finance, to settle a claim on behalf of the Treasurer of Vanderburgh County who developed a pilot program under state statute. Originally, it was proposed that $50,000 would be reimbursed to the various county Treasurers who engaged in such pilot programs. I believe it turned out that Vanderburgh County was the only Treasurer who developed such a program, at a fairly substantial expense. The Treasurer was initially reimbursed $10,000 of those total expenses. Since the statute indicated that it would be up to $50,000 among the various parties developing pilot programs, and since no one else developed one, we advised the Department of Local Government Finance that we would intend to file suit against them if we couldn’t settle this. They’ve offered to pay an additional $30,000 to Vanderburgh County on behalf of the Treasurer, making a total payment of $40,000 for this pilot program. That settlement figure was previously approved by the Commissioners. I have a settlement agreement here, which needs your signatures, should you desire to approve it.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Mr. Fluty, I was the Assessor at that time, and worked closely with Treasurer Tuley to develop this form. I remember that some of the costs were incurred by the Assessor and some were incurred by the Treasurer, and my question to you, which you don’t have to answer now, is that when we get this check, how do we quietus that? I need to know where that goes.

Bill Fluty: It will go into General Fund.

President Musgrave: The General Fund?

Bill Fluty: Uh-huh.

President Musgrave: Alright, we will make that happen then. Will you give that back to Madelyn for the signature file. Any other new business?

President Musgrave: Any old business?

President Musgrave: Any public comment?

President Musgrave: We have the list of consent items that need to be amended in order to include the travel by the Highway Department, is there a motion?

Madelyn Grayson: There’s one other addition also, the summary minutes from today’s executive session.

President Musgrave: And the summary minutes from today’s executive session.

Commissioner Tornatta: All those considered, I put that in the form of a motion.

Commissioner Nix: I will second that with, I will abstain from the letter supporting Highway 41 development.

President Musgrave: Do we need to take two votes on that?

Commissioner Tornatta: Yeah.

Ted C. Ziemer, Jr.: In fact, you do, yes.

President Musgrave: Alright. Will you withdraw your motion?

Commissioner Tornatta: I withdraw my motion, and just approve the consent items and the prior minutes from the executive session, excluding the letter supporting Highway 41 development.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

Commissioner Tornatta: I will now support a letter for the Highway 41 development.

President Musgrave: And I will second that. All those in favor?

Commissioner Tornatta: Aye.

President Musgrave: Aye. Those abstaining?

Commissioner Nix: And, I abstain.

President Musgrave: Thank you. That passes two yes, one abstention. Is there 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.

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

CONSENT ITEMS:

Commissioners:

April 10, 2007 Commission Meeting Minutes.

April 17, 2007 Executive Session Summary Minutes.

Bernardin Lochumeller: University Parkway Phases I and II Update.

Hillcrest-Washington Youth Home: Check for First Quarter Fee.

EMA: Waiver of Center Fees/Not OT.

Surplus Letters: Superior Court ; Scott Township Assessor & Trustee (transfer); Public Defender

Letter from State DOC: Grant Award.

County Council Request for Employee Passes to Burdette.

Burdette-USI Bike Path Support Letter: Koch Enterprises.

Industrial Contractors Letter: Highway 41 Development.

Pay Request No. 85: Jail Project: $124,767.70.

Department Head Meeting Notes: April 10, 2007.

Employment Changes:

Public Defender (1)                  Prosecutor (1)                 Burdette Park (7)

County Assessor (1)

County Engineer: Pay Request No. 22: Burkhardt-Green River TIF Projects.

Purchasing: Monthly Report: February 2007.

Travel Requests:

County Highway (1)                  County Assessor (1)       Health Department (1)

Department Head Reports:

Burdette Park                           County Engineer             County Highway

Supt. Of Bldgs.                         Veterans Service

Those in Attendance:

Cheryl Musgrave                      Bill Nix                                      Troy Tornatta

Bill Fluty                                    Ted C. Ziemer, Jr.          Marissa Nichoalds

Madelyn Grayson                     Wilburn Muensterman              Mike Duckworth

John Stoll                                  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.)