VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

APRIL 26, 2011

The Vanderburgh County Board of Commissioners met in session this 26^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 26^th meeting of the Vanderburgh County Board of Commissioners. We will 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: Yes.

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

(The Pledge of Allegiance was given.)

President Winnecke: At this time I would entertain a motion to open quotes for VC11-04-01. This is University Parkway erosion repairs.

Commissioner Melcher: So moved.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

Commissioner Abell: Second. Whatever.

President Winnecke: We have a motion and a second. All in favor say aye.

All Commissioners: Aye.

(Motion approved 3-0)

President Winnecke: Mr. Ziemer, you may open the quotes.

President Winnecke: Before we get to the rest of the action items that are on the agenda, I would like to go a little out of order and call up Sherman Greer and Mike Duckworth. Mr. Greer heads the Emergency Management Agency, Mr. Duckworth is the Superintendent of County Highways to talk a little bit about the flood situation. The county and the city have worked cooperatively over the last several days to help residents, and I would like Mike and Sherman to kind of update everyone on our efforts and what folks at home and in the audience should know about the flooding.

Mike Duckworth: Well, I would just start out by saying that I’ve provided each of you with a list of the county roads that are now closed. It adds up to 47 of our county roads. I think that there are three additional city streets that have been closed as well, for a total of 50 roads in our community that have water across them. Those have all been posted. Now whether or not the signs stay there or not is up to some members of the community. We have been missing quite a few signs, and so we try to continue to check back on those, to put up additional signs, or to see if the water has receded. Of course, this situation has, the flooding has been piggybacked on some straight line winds that came through last week, which had, I think, about 14,000 residents without power in this community. Our crews were out with Vectren crews and many other agencies responding to that emergency as well. About 80 percent of those trees were in lines, so Vectren did a great job in getting private contractors in here and getting the electric issues handled. So, on that regard we’re in pretty good shape, I think, as a community. As far as the roadways are concerned, I think Sherman can allude to a briefing that we had today from the National Weather Service, as well as from other agencies in regards to, including the Levee Authority of the fact that the crest may not exceed until it gets to about 46 and a half to 48 feet. Forty eight feet causes many more problems for this community. So, we are in kind of a proactive approach, understanding where that’s going to take place now, getting sandbags ready, our agency has gone to Indianapolis to get the bags, they’ve gone to, along with the city, we’ve taken trucks to the INDOT location in Vincennes to actually get filled bags back here to, I believe our staging area right now is Olivet Church on Oak Hill and St. George. We will probably, with the help of local EFD, the Fire Department and volunteer fire have other staging areas, strategically located throughout the community so that folks that need sandbags can have access to the sand and to the bags. I know, Commissioner Winnecke, you want to say something about other community partners, right now, Mulzer Stone has just really come through with donating sand to residents and to the agencies that need to fill these bags. Hamrick’s Towing is going to make a trip for us to get sandbags up in Vincennes. So, we’ve had a lot of community support. We’ve got a lot of agencies out there working, and the status as far as whether or not this works into a State of Emergency, I’ll let Sherman discuss that.

President Winnecke: Thanks.

Sherman Greer: What he said. I think he covered it all, to tell you the truth, except for we do have one state road that is closed down, and that’s Morgan Avenue. I think, I don’t know if they got signage out there yet or not, from the state on that.

Commissioner Abell: Where on Morgan?

Sherman Greer: It’s from Boeke until Theater Drive. You know, that, where you go down below, by there where the water is coming across there right now. We have got a lot of volunteers, after 5:00 this evening we’ll have a lot more volunteers. People yesterday went home, changed their clothes, came out and volunteered their help to help these people that are getting water up and around their homes. Most of it’s over on the east side there, off of Oak Hill to Elmridge. Also for, off of Green River Road back up in that way, around Heckel Road and everything. Same places that we fought, did our flood fighting in 2007 and other years and everything. So, it’s, we’ve got Voight Road back in there, there’s a lot of water back in those areas there. I think one of our concerns was, one of the gentlemen that lives back there is on dialysis and wanted to get him out of there, get him so that he can make it to his dialysis appointments and things like that. But, the McCutchanville Fire Department is doing a fantastic job, (Inaudible) in command, commanding that situation, utilizing the resources that they have, and other resources that we can call in to help out. The Indiana Department of Homeland Security, met with the Executive Director today out at Tri-State Aero, they are going to start doing 24 hour operations up at Vincennes, to where that we’ve got the Guard up there and we’ll have people from the Department of Corrections that will be coming up there in the day time, they don’t like to take them out at night, in the day time and everything to be able to help fill sandbags. So, tomorrow, we’ll have the County Highway Department and the Board of Public Works to send up more trucks to pick up more sandbags so that we can get ahead of this thing as much as possible. Now, today’s weather report from Paducah, it doesn’t look pretty for tonight and everything. With the sun being out right now, it’s nice that we see the sunshine, but that’s not a good thing when you have an atmosphere like we’ve got right now with clouds and cold air and hot air mixing and everything else. So, it’s going to be exciting tonight to see exactly what happens. We’re hoping everything stays south of us, but yesterday, you know, we had that tornado warning and it came through Warrick County and hit Lynnville. So, we don’t know exactly what’s going to happen tonight. So, we’ve just got to go ahead with the people and the volunteers that we’ve got out there now, we’re having the Civil Air Patrol that’s going to be out there, we’ve got Boy Scouts that’s going to be out there, we’ve got a lot, some other church groups that are going to be out there to help us out this evening. So, we’re going to get as much done as we possibly can this evening.

President Winnecke: Sherman, two quick questions come to mind. First, I think it’s probably a good idea to remind folks about the dangers of water over roadways, and the perils of driving on a closed road.

Sherman Greer: Most definitely. I think over at the Virginia Street viaduct, the Evansville Fire Department had to do a rescue over there already. Anybody that has any moving water across any road, I don’t care if it’s six inches of water whatever, it’s not advisable to drive through that. Just go back to the old adage, turn around, don’t drown. That’s what we need people to do. If you can turn around, go back the other way that you came, don’t try to go through that water. So, that’s very important.

President Winnecke: The other thing, I think, people might be asking, or wondering, what kind of parameters are there, if any, in terms of the number of sandbags one can get at the Olivet Church?

Sherman Greer: As long as we’ve got sandbags, it’s like we had, we gave out 60,000 sandbags yesterday, ourselves and everything with people coming in and getting them for their homes. Not too much for businesses and everything, but more or less for their homes. We will give out sandbags until we have no more sandbags, just as we did, this morning we were without sandbags for a short period of time, but we had some out in the community, the Levee Authority gave us some, we got some from the County Highway Department. I think we got about 10,000 from you guys. So, we had those out there and people were still working.

President Winnecke: To clarify, we received 75,000 additional empty sandbags from the State today.

Sherman Greer: Yes, we did.

President Winnecke: Then, how many sandbags do we anticipate being full from our junket up to Vincennes.

Sherman Greer: We’re looking at 30,000 sandbags from up there.

President Winnecke: Okay.

Sherman Greer: So, we’ll use all of those, as it’s going right now. The way the water is, you know, the way the water is coming in and everything, it’s always going to take the weakest path, you know, and it’s just going to spread out as we go along. So, we’re out as far as Millersburg Road and everything on the northeast side. It’s just spreading out. So, we’ve got a lot of flood fighting to do right now.

President Winnecke: If there is a, if residents have concerns, they may call the EMA office?

Sherman Greer: You can call the EMA office, I will answer the phone, after midnight, as I did last night. I was up at Moto Mart giving out sandbags last night. I’m not going to tell you how I was dressed, but I was there, you know. So, yeah, we’ll have the phones patched to, I’ll have the phones going to my phone. So, call at any time, especially if you think you need them. Especially after the storms we get tonight. I don’t advise people to do flood fighting at night. It’s not, unless you’ve got a lot of lighting and everything to do that, it’s just not, it’s just dangerous to do that.

President Winnecke: Right.

Sherman Greer: That’s the reason we quit about 9:00-10:00, by the time we get wrapped up and out of there, about 9:00 or 10:00.

President Winnecke: Okay.

Mike Duckworth: Yeah, I did have an additional comment. We also want to look at where we go after the water recedes and we have not only debris from the wind storm, but debris from the flooding. We’re looking at developing a method of the Highway Department picking up debris from the curbside from residents. That still has to be massaged a little bit, and we hope to put a release out in regards to how we will do that, the dimensions of the debris that we’ll pick up, and those kinds of things. We want to get through and get this flooding back away before we start talking about it. We’ve had a lot of calls about people, from people asking us whether or not, you know, we were going to pick up tree limbs and that kind of thing. We’re not in that recovery mode yet, but we will be as we get out of this flooding situation. So, I wanted folks to know that, to be cognizant of the fact that we understand that they’ve got a lot of stuff in their yards that they want to get rid of, and we’re going to help with doing that. Then, I guess, the other thing is, tonight we have on the agenda the paving list, and I would ask, if we could, to go ahead and consider that, possibly with the caveat of we don’t know what exactly this flooding is going to leave us behind, and we don’t know that we’re going to qualify for FEMA or any kind of assistance. So, you know, I would say, my recommendation would be for us to go ahead and to approve the list, and if we have to make any changes then, because of damage or those kinds of things, I’ll come back and present those to you.

President Winnecke: Thanks.

Sherman Greer: Flooding is one of those disasters that you can’t really do anything about, as far as damage assessment until after the water recedes.

President Winnecke: Right.

Sherman Greer: So, it’s going to, once that happens, then Mike and them will be doing their assessment, we’ll be doing our assessment. FEMA, for the, for a declaration or something like that, you have to have at least 25 homes that are damaged, and it has to be major damage. We’ve got about 35 homes that are damaged, but we don’t have any major damage, but still yet we want to gather all of that information, man hours that were spent, equipment that was used and everything else, because if the State of Indiana goes for a Presidential Declaration, we have to come up with a certain amount of money to be able to get that. So, every nickel, every dime that we get is very important that we record.

President Winnecke: Any other questions for Mike or Sherman?

Commissioner Abell: I have questions, but I don’t know whichever one of you want to answer these. If people need housing, if they have to leave their homes and they need housing, where should they contact?

Sherman Greer: The American Red Cross is going to be setting up shelters. The Pleasant Ridge trailer court was asked for volunteer evacuations last night. Some of the people evacuated, some did not. Vectren cut the power off back there because the water is getting up so high that it would cause a lot of problems and everything, and we don’t want anyone to get electrocuted out there. So, there is a good possibility that people will be looking for shelters, and the American Red Cross, on Stockwell, will be open for shelter.

Commissioner Abell: Okay, my other question has to do with Vectren turning off the power. Is there some website, some notification that Vectren will be putting up so people will know that the power is actually being cut off, rather than they think it’s just gone off and they’re waiting to call to get it back on?

Sherman Greer: No, we don’t have an answer for that right now. We’re still working on that to try and get the–

Commissioner Abell: That would be a good suggestion for Vectren to do that.

Sherman Greer: Yeah. We’re working on a mechanism for that to happen, so that people will know.

Commissioner Abell: Okay, the other question that was handed to me to ask you, if someone wants to volunteer, what number should they call, how should they go about doing that?

Sherman Greer: Well, what they should do is to go out to Olivet Church. That’s where we’re taking all of our volunteers, and rostering all of our volunteers. Because, believe it or not, by rostering those volunteers, that counts for us for a Presidential Declaration and everything. So, we would have to have them go out there to be rostered. If they’re going to a neighbors house or something like that to help out, go ahead and do that, you know, but if you want to help us out and everything, go out to Olivet Church. That’s where the incident command is, and then they can assign them to go out to the areas that we know that need the assistance.

Commissioner Abell: Can you, for the viewing audience, tell us where Olivet Church is?

Sherman Greer: It’s on Oak Hill, just north of St. George.

Commissioner Abell: Okay. I guess, it stands to reason, to those of us who deal with this day in and day out to advise the public that once the water has gone down, not to drive on the road until it has been opened, because that can be very slick and dangerous too.

Sherman Greer: Most definitely.

Mike Duckworth: Yeah, I would say, you know, just because the water is down, and we have a lot of low lying areas that people that live in those areas, Old Henderson Road, the South Weinbach, South Green River Road area, they pretty well know the program, because they live through it, because as soon as we get a little bit of a crest, you know, it happens, but we’re talking about areas that people aren’t really used to at this point, and, you know, having those flood waters. So, as soon as it recedes we will have equipment out to clear it, we will pull the signs, once they see the signs have been pulled, then they can make their way through. But, be under the understanding that we have had a lot of vandalism on our side, on our signs, so, they might start into an area that doesn’t have a sign, and, you know, we ask them to reduce their speed around some of these areas. You can see the markings on the road, because as the water recedes you can see the mud lines. So, just be careful out there because there’s a lot of areas that are going to go down quick, and there’s some that it will take a while. So, just use caution.

Commissioner Abell: Okay, and the other question, I just have a question for Mr. Greer, what, I am not familiar with where all of these roads are, but some of these are pretty major roads. For instance, Millersburg between Oak Hill and Green River, that’s a pretty long span–

Sherman Greer: Yes, it is.

Commissioner Abell: –how do those people that live on there get in and out of their homes?

Sherman Greer: Well, that’s a good question. I don’t know how they’re getting in and out right now. Some of them have to go back roads to be able to come in from the back of their places, and then park their cars, and then come in through their back yards.

Commissioner Abell: Oh.

Sherman Greer: We were given one place out on Green River, north Green River Road that we had to, we were going to send some sand in there, and we had to take a gravel road to get to another road to be able to get to their house and everything. So, you know, they have to be, they have to adapt and think about what it is they’re going to do that is best for them and is safe for them.

Commissioner Abell: Okay, thank you.

President Winnecke: Steve?

Commissioner Melcher: Yeah, Millersburg Road is one of the roads we’ve been talked about in the future that we have to raise. I mean, that’s already being looked at, I guess, now. I also talked with Mike earlier, he’s going to check, but we’ve got a couple of machines or things that were homemade out at the Garage to help fill sandbags. They was made about a year ago or two years ago. So, they should be working to help also.

Sherman Greer: And that was out of the back of a truck–

Commissioner Melcher: Right.

Sherman Greer: – that was doing that.

Commissioner Melcher: That’s faster than doing it by hand.

Sherman Greer: Yeah, and we have sandbag machines that the National Guard sent down, and we have one at the National Guard here, but Posey County is in, Newburgh, or not Newburgh, but New Harmony is in dire straits right now. It doesn’t take too much to get into that little town, and it could be very, very bad if it did. So, they shipped it over to Posey County to help out there, but the machines up at Vincennes are the same thing, and we’re getting the bags and everything. It’s just costing us to get backwards and forwards.

Commissioner Melcher: Yeah, I heard today it was New Harmony and Griffin.

Sherman Greer: Yes, and up at Gibson County at the power plant up there.

Commissioner Melcher: And the bridge on Morgan, the State when they rebuilt it, they built it two feet lower than what the original build was. I don’t know if they were trying to save money or what, but that’s what it’s cost us.

President Winnecke: Anything else? One other thing, two other things actually related to this, for Sherman, as we’ve discussed a couple of times today, in terms of counting for some of the expenses that we’ll encounter, we have $187,083 in a Cash Card Account 2862, is the correct number.

Sherman Greer: Okay.

President Winnecke: It’s an EMA disaster relief, are there any grant stipulations that you’re aware of relating to that amount?

Sherman Greer: None. None, that was money from the 2005 tornado–

President Winnecke: Okay.

Sherman Greer: –that we put back, and I think Commissioner Musgrave and them put it back especially for something like this. In case we do get into a situation to where that we don’t know whether or not we’re going to get a Presidential Declaration, we can spend those funds. If we do get a Presidential Declaration, we’ll roll it back over into that.

President Winnecke: Great. Okay. In that case, I believe you probably need authorization–

Sherman Greer: Most definitely.

President Winnecke: –from us–

Sherman Greer: Yes.

President Winnecke: –to spend–

Sherman Greer: I would like to have that money.

President Winnecke: –that money related to this event.

Sherman Greer: Right.

President Winnecke: So, at this point I would entertain a motion to authorize the Director of the Emergency Management Agency to have access to the $187,083 in Cash Card 2862 for purposes of the flooding situation into which we are experiencing.

Commissioner Abell: So moved.

Commissioner Melcher: I’ll second that, and as long as you keep e-mailing us so we know what’s happening.

Sherman Greer: We will. We’ll keep you up on, and if there’s any type of contracts that we have to go into and everything, Mr. Ziemer we’ll be getting in touch with you before anything is signed. I’m not signing anything unless, in fact, I’m pretty sure that you guys should sign it myself.

President Winnecke: Yeah, we sign the contracts. There’s 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: My last item, first, thank both of you gentlemen. I know that you are putting in long hours, but to reiterate, thanks to Mulzer’s for their kind contributions of sand, to the McCutchanville Fire Department for heading up the operation, the American Red Cross, the Sheriff’s Department I know is playing a valuable role, as is the Evansville Police Department and the Evansville Fire Department. So, thank you to all of those folks.

Sherman Greer: Yes. Some of that is moving into the city now.

President Winnecke: Right.

Sherman Greer: So, we’re going to be planning with them and seeing how we can coordinate.

President Winnecke: Thank you, gentlemen.

Sherman Greer: Thank you, sir.

Ted C. Ziemer, Jr.: President Winnecke?

President Winnecke: Yes?

Ted C. Ziemer, Jr.: If we could maybe do these bids?

President Winnecke: Absolutely.

Ted C. Ziemer, Jr.: I have two bids for the University Parkway erosion repair. One from JBI Construction for $33,715, and one from Koberstein Construction for $66,505. If it’s the decision of the Commissioners to take these under review, Mr. Stoll believes he can review these while this meeting is progressing and perhaps make a recommendation before the conclusion of the meeting.

President Winnecke: Okay. I would entertain a motion to take these under advisement.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

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

Commissioner Abell: That’s a big difference. That’s a big difference, $33,000–

Ted C. Ziemer, Jr.: Yeah.

Commissioner Melcher: It was double.

Ted C. Ziemer, Jr.: Who knows.

President Winnecke: 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: Okay, now to the agenda. I appreciate everyone’s patience. Maura? We have an update from the MBE/WBE Utilization Board.

Maura Robinson: Hi, thank you for giving us the opportunity to come here and just talk a little bit about the MBE/WBE Utilization Board. With me are several board members, and what we have decided to do this year is to come around to talk to the different boards about the MBE/WBE participation that the city and the county have agreed to embrace. Our concern is that the spending with MBE’s and with WBE’s is not increasing. However, the arena is going to make a little bit of a dent on that. But, we also want to be able to make all of you aware that the intention of this ordinance is that from now on and always when there is a bid for any contract around this area that minority, women and minority owned businesses are part of one of the bids. I have some information, I have the ordinance, I don’t know if you got a copy of it. Would you like to have a copy?

President Winnecke: Sure. Thank you.

Commissioner Melcher: Thank you.

Maura Robinson: The ordinance for the county was passed on February of last year. The one for the city was passed the May before in 2009. This ordinance mimic each other. Also, as you can see with the ordinance we have EVSC as part of that group, understanding the importance of MBE and WBE participation. We would like to be able to bring to you and showcase, from time to time, women owned business and minority businesses, just to give you a flavor of the quality of companies that we have in our area. Part of the amendment of that ordinance that is in front of you was because the previous ordinance only was capturing residents of the City of Evansville. So, when we re-wrote the amendment for this ordinance, we included a great component, and the component was that the MBE or the WBE could joint venture with a regional MBE and WBE company. This was just to give the minority local MBE’s and WBE’s the opportunity to bid on bigger projects, and, consequently, probably down the road become a majority contractor for the city or for the county. We would really appreciate your support, also the ability that you have as a Board to push, as a Council, to push this so that this ordinance is not just a policy or a law that just sits on the shelf. We desperately need the participation. I’ll give you an example of myself. Until last year I was doing 97 percent of my business outside Evansville, which is part of having your company and growth that takes into consideration, but there are so many people brought into this area with the same qualifications, or probably not as experienced as I am, when in fact I could have been providing that services. That’s the case of a lot of the MBE’s and WBE’s in this area. I understand you’re never a prophet in your own land, but as a taxpayer I think there’s enough to share the wealth for everybody that lives and works and pays taxes in this Vanderburgh County and the City of Evansville. Do you have any questions for me?

Commissioner Abell: I have one, have you thought about exploring the possibility of getting with the State and learning how to walk someone through that system of becoming a minority or businesswoman owned business? Because I know it’s treacherous–

Maura Robinson: Sure.

Commissioner Abell: –territory for people that do not know what they are doing.

Maura Robinson: Excellent question. One of the things that we have done throughout the years, and this board has been in existence probably for the last eight years, is to pair with the city, to pair with the State to be part of that certification process, because that’s what makes you an MBE/WBE is going through that process. One of the things that I’m really happy to share with you, that the process used to take sometimes between 12 to 14 months. It’s down to about a three month process. So, we have really, really changed that, going through the certification process. However, I just want to make sure to clarify this, that the certification process is just a credential. It doesn’t mean that you’re automatically going to get those State contracts. You have to go through the process as any business, and they have to compare prices, because the city, the county and the State are also businesses. But, one of the things that is really important going through that process is for people that want to have a business, at least to have the understanding what is the process. So, yes, we do work with the city, I mean, with the State. I keep on saying the city, the State, to make sure that those individuals that want to be certified understand and are able to go through the process. Thank you for the question. Any other questions?

President Winnecke: Maura, thank you.

Maura Robinson: Thank you for allowing us to be here.

President Winnecke: Thanks for your efforts. We appreciate it.

Maura Robinson: Bye bye.

President Winnecke: Thanks.

President Winnecke: Next on our agenda, the Assessor permission to award contract VC52-2011 for the 2012 reassessment services. The Assessor has elected to go with land valuation for order and trending services, and therefore recommends that the bid be awarded to the Nexus Group for their low bid of $67,500. 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 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)

Ted C. Ziemer, Jr.: Then, excuse me, you then have before you the form of contract, which the Assessor proposes to have the Commissioners enter into with Nexus for this purpose, which we have reviewed and find satisfactory for execution from a legal perspective. So, a motion to approve the contract.

President Winnecke: Motion to approve the contract?

Ted C. Ziemer, Jr.: Yes.

President Winnecke: Okay. I would consider a motion.

Commissioner Abell: So moved.

Commissioner Melcher: 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 we have the second and final reason, reading of the vacation ordinance CO.V-04-11-001, a petition to vacate the drainage easement at 2419 Wheaton Drive. First I would entertain a motion to approve.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: There’s a motion and a second. Is there discussion? Is there additional public comment?

Commissioner Melcher: Did we get back anything from the Surveyor? Because I tried to get a hold of him today, but he was out of town.

President Winnecke: I did not see –

Commissioner Melcher: If you remember the e-mail, it said, in fact, he wasn’t at that time ready to make the recommendation. I really believe we should have a recommendation from him one way or the other.

Ted C. Ziemer, Jr.: If I may comment on that. I met with the Surveyor, pardon me, I met with the Surveyor about this, and really, I think, I guess there’s two elements to this. I have a lengthy statement that he sent to me, indicating the, I’ll say the pros and cons relative to the various properties in this subdivision, insofar as vacation of this drainage easement is concerned. He really is not making a recommendation one way or the other to the Commissioners. He does say that the platted easement on the Muller property is useless for drainage purposes, as there are no common facilities in Stonewick Drive to which a ditch or pipe can connect, even if it was desired to have one installed. Consequently, if Mr. Muller’s easement ever were re-activated for use with pipes or ditches, that would necessitate also placing a ditch and pipes in the two properties to the east of Muller’s property, and then on to Stonewick Drive, and the county would have to dig up Stonewick and invest several hundreds of thousands of dollars in to such a system. It’s not likely that that will occur, but that’s a possibility. After meeting with him, I advised him that I would report to the Commissioners that from my study of this, and the law, I am satisfied that Vanderburgh County will never be in a position to incur liability should it determine to vacate this drainage utility easement. So, it’s before the Commissioners.

President Winnecke: Other questions or discussion? We have a motion and a second to approve the vacation. Roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: No.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

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

President Winnecke: Sherman, I apologize, I told you that I would get you out of here. I forgot you had something later on the agenda. I’ll move you up here right now, because I know you are busy. We’ll jump ahead to contracts, EMA, amendment number one to the 2007 Homeland Security grant program, sub-grant EDS # C449-0-107A. This serves to allow payment for purchases made from Dell and covered under certain indicated invoices which purchases were made prior to the effective date of the sub-grant agreement.

Sherman Greer: Yes.

President Winnecke: Surely you can make it a little more understandable than that.

Sherman Greer: Well, that’s, they got ahead of themselves and everything, and they went ahead and got the equipment and put it in. Then, it was before the grant was signed and everything. So, what we did is we had to make an amendment to that grant. It’s already been paid.

President Winnecke: Questions for Mr. Greer? I would consider a motion to approve.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. 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)

Sherman Greer: Thank you.

President Winnecke: Thanks. Sorry to keep you waiting.

Sherman Greer: That’s okay.

President Winnecke: Next, discussion of the issue with Morgan Avenue property which was sold at auction. The purchaser is requesting to be let out of the sales agreement. You have a letter from his attorney. Mr. Ziemer, you may want to chime in here and offer–

Ted C. Ziemer, Jr.: Yes, just a comment that the real estate we’re talking about is a strip about 20 feet wide, which is totally surrounded by property owned by others. It should never have been included in the sale. We don’t know why it was. It was, it’s the recommendation of the County Attorney’s office that the $2,100 paid for this property be returned to the purchaser. The deed for the property has not been recorded. If you approve this, it won’t be recorded, and everybody is back where they should have been.

President Winnecke: I would consider a motion to–

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: The motion, I assume, is to remove–

Commissioner Melcher: Yes.

President Winnecke: –to allow the purchaser out? I assume that’s what the second is? 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 first reading of CO.04-11-04, to amend VC ordinance 2.4 regarding Health Department and its fee schedule. This is an annual change in the Health Department fee ordinance to keep pace with ordinary and customary increases in the cost of providing the various services and health procedures to the public. I spent some time talking with Gary Heck from the Health Department, these, most of these are in the neighborhood of five percent increases, and they are, in fact, in line with the expenses that the county incurs to provide these. Is that not right, Gary?

Gary Heck: That’s correct, sir. Gary Heck, Vanderburgh County Health Department.

President Winnecke: There’s a lengthy list of fee increases, many of which are related to the Dental Clinic. There are couple of new, Gary, you might hit the highlights of the new fees.

Gary Heck: I think there’s a new fee for one of our specialty clinics, the sexually transmitted disease, a $15 exam fee, and there’s an export health certificate for one of the manufacturing companies here locally that exports their products abroad. Most of the foreign countries where the products are going to be imported into, require that the Local Health Officer in the jurisdiction where the manufacturing of the product takes place, issues a health certificate that says this product would be safe for consumption in the United States as well, and some other language such as that. In the past there hadn’t been a charge for those types of export health certificates. This will allow a ten dollar per health certificate fee to be collected for that one as well. I think there’s some clarification language, you might even consider them technical corrections in some of the early language just to make sure that some of the, where there have been some changes in some of the regulations that the Health Department changes, just to make sure that our language and the fee ordinance is consistent with the other groups that we interact with. I think that’s it. It’s been reviewed by the County Attorney, and it’s my understanding that it’s, from a legal perspective, it’s approvable if the County Commissioners so wish.

President Winnecke: This is, this would be first reading, so it would require a second reading before it would be approved finally. Any questions of Gary? Marsha?

Commissioner Abell: Mr. Heck, I think I’ve had this question before, and I want to raise it again.

Gary Heck: Yes, Ma’am?

Commissioner Abell: These fees, these are standard fees whether you live in Vanderburgh County, Warrick County, Henderson County, or wherever you happen to come to the Dental Clinic?

Gary Heck: Yes, Ma’am. The only difference would be, and this fee didn’t change, if you’re a Vanderburgh County resident, there’s a ten dollar administration fee that’s applied across the board. If you live anywhere other than Vanderburgh County there’s a $20 fee, ten dollars of that is an administration cost and the other ten dollars is applied towards the cost of your services. It’s very similar to in-state and out-of-state tuition costs that are charged by State universities. The County Attorney’s office researched this for us and found it to be consistent with the way those State universities charge for those types of services.

Commissioner Abell: It may be consistent with that, but this is supplemented by the Vanderburgh County taxpayers, and I think that it is really an unfair tax on the citizens of Vanderburgh County to be paying for dental expenses–

Gary Heck: No.

Commissioner Abell: We are supplementing the Dental Clinic.

Gary Heck: I’m not saying that you’re not, I’m just saying that the charges that are charged are the same regardless, with the exception that if you live somewhere other than Vanderburgh County, you do pay an additional fee.

Commissioner Abell: I thought you said we didn’t, they didn’t except for a ten–

Gary Heck: Not on each individual services. There’s an additional fee for being seen at the Health Department, or at the Vanderburgh County Community Dental Clinic.

Commissioner Abell: Every time that they come in and are seen?

Gary Heck: Every time that they come in there’s that extra ten dollar fee that’s charged. Yes, Ma’am.

Commissioner Abell: Well, okay, I’ll let it go, but I really do feel very strongly about this. I just think it’s, there’s so many people that are moving out of Vanderburgh County because they want to save a few dollars living in one of the adjoining counties, and we can only continue to support things so long, then we have no tax dollars left to support those things, because people that live outside of our county are enjoying those things, but we that live in the county are having to pay for them. I just have a real issue with that.

Gary Heck: I understand. Traditionally, and if you look, or historically I should say, about 87 percent of all of our patients seen at the Community Dental Clinic are Vanderburgh County residents. So, there is about a 13 percent of the patients that we see live somewhere other than Vanderburgh County. This extra fee is an attempt to help pay for whatever those costs would be to see someone who doesn’t live here. Your point is well taken though that Vanderburgh County has been very gracious about offering the service to take care of residents that live in Vanderburgh County as well. We originally had to include folks from other places because of the support from the community hospitals, because their service base covered three states and 30 counties. We haven’t, and our answer when the hospitals withdrew their funding was to charge that extra amount to those folks that live somewhere other than here. That’s when that fee went into effect. So, I mean, I certainly understand your point. I don’t know how else to try to gather money from those other sources, other than the way we’re doing it right now.

President Winnecke: Mr. Ziemer, to, and I don’t know if you’ll know this off the top of your head, to that point, would it be feasible to add a five or ten dollar, I don’t know what the right number is, surcharge to each individual fee in addition to the ten dollar administrative fee?

Ted C. Ziemer, Jr.: It can be done. Legally it can be done. I don’t know, those fees, you know there are some fees that are, I don’t know, what’s the smallest fee on that list?

President Winnecke: $29.

Ted C. Ziemer, Jr.: $29?

President Winnecke: $17, here’s one.

Ted C. Ziemer, Jr.: Okay, then another one might be $100. I don’t know if it would make sense to have a five dollar surcharge on a $29 bill, as opposed, together with a $100 bill.

President Winnecke: Right.

Ted C. Ziemer, Jr.: But, you might have some percentage of increase on every service if you don’t live in Vanderburgh County, and that’s certainly something that could be done.

Commissioner Abell: I would certainly like to see your board address it, because I, as a person who is elected by the people in Vanderburgh County and I represent the people of Vanderburgh County, I do not represent the people from Posey County, Henderson County or Warrick County.

Gary Heck: I understand, and I’ll be certain to take your message back along with the answer that the County Attorney just provided to have that study recommended and come back to you sometime in the near future with that modification, if the Board of Health gives me that authority.

President Winnecke: That would be great. Thank you, Gary. Any other questions of Gary?

Commissioner Melcher: Yes, Gary, while you’re up here, do you remember how much the Dental Clinic rent is? The rent for the Dental Clinic.

Gary Heck: Right off the top of my head, I’m going to say it’s in the neighborhood of $1,300 a month at this point in time. I anticipate that we’ll be getting a letter sometime in the next year. It usually goes up every two years, so it will probably go up next February, based on whatever the cost of living, or the Consumer Price Index that’s published in October from the September rate. That’s generally where it comes from.

Commissioner Melcher: So, right now it’s right around $1,300?

Gary Heck: About $1,300 is what I remember, off the top of my head. I hope that that’s correct.

Commissioner Melcher: Okay.

President Winnecke: Any other questions or discussion? I would entertain a motion to approve as presented, on first reading.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: Roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Before I vote I have a question. It won’t be final until we vote next time though correct?

Ted C. Ziemer, Jr.: That is correct.

Commissioner Melcher: That is correct.

Commissioner Abell: I’ll vote yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Thank you, Gary.

Gary Heck: Thank you.

President Winnecke: Next, Burdette Park, agreement with the University of Southern Indiana for the use of the PAC pool for lifeguard training. This is an annual agreement and identical to last year’s. Anyone have any questions? Mr. Craig is here and can come forward if we needed him. In that case, 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.

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 from Veterans Services, a Xerox lease agreement for a copier/fax/scanner machine for the Veterans Services. This is for 60 months beginning March 21 of this year. The minimum monthly lease payment is $74.18 per month, and I understand this is a budgeted line item. 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: Trying to get them into the 21^st century. I vote yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next, under the Sheriff’s Department, a commissary delivery services agreement with Canteen. This is for the provision of canteen services at the County Corrections Center. Currently Canteen Services, Incorporated is providing these services under a month to month contract. This contract is for three years and provides for automatic three year renewals, subject to the right of either party to give notice not to renew in writing at least 90 days prior to the end of any three year term. No funds are due from the county for the services provided under the contract. In fact, Canteen will pay the county 28 percent commission on net sales of product under the contract. What’s not to like about that? I would entertain a motion to approve.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: 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, the County Surveyor, supplemental agreement number two to the agreement with American Structurepoint for consulting engineering services in connection with Hirsch Ditch. We discussed this at our last meeting. This supplemental agreement covers additional services to be provided by Structurepoint relative to providing select topographic survey, review and amending the existing DNR modeling for Hirsch and Crawford ditches. The cost of the additional work will be $47,000, thereby increasing the not to exceed cost under the main agreement from $77,200 to $124,200. I would consider 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: Department head reports. John?

John Stoll: The first item I have is a request for your authorization to sign off on the Corps of Engineers permit and the IDEM permit for the Millersburg Road project. This is the project that Commissioner Melcher was talking about a while ago as far as widening and elevating Millersburg. This will alleviate the road closures we’re dealing with right now, where the bridge that exists on Millersburg at Furlick Creek just west of Christian Fellowship Church. But, I need your signatures on the two permit applications, and we can proceed with hopefully getting the permits and maybe be at the point that we can bid the project in the fall.

President Winnecke: I would consider a motion to approve.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. All in favor say aye.

All Commissioners: Aye.

(Motion approved 3-0)

John Stoll: The other item that I have is that I would like to request approval to award the University Parkway erosion repair contract to JBI Construction for the amount of $33,715. All of their paperwork was in order, and I looked at the unit prices as questioned by Commissioner Abell, and it looks like Koberstein was higher on every single item in the contract. I’m not sure what the basis for that is, but they’re based out of Princeton rather than Evansville, so that might be part of the issue. But, everything in JBI’s bid was in order, so I would request approval to go ahead and award that.

President Winnecke: I would consider a motion to approve, as recommended.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

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

Madelyn Grayson: John, do they have, is there a document for them to sign this evening?

John Stoll: Yes.

Madelyn Grayson: Okay.

John Stoll: I did, I just want to point out too, that even though we only received two price quotes, we notified five contractors. So, we did comply with notifying a minimum of three contractors to solicit price quotes.

President Winnecke: 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: Thanks, John. Steve, did you have anything?

Steve Craig: Steve Craig, Manager of Burdette Park. We’ve been working with the people from the St. Jude Children’s Research, and the Give Hope Run, benefit run that was going to be at Burdette this weekend, we still intend on having it, but because of the flooding of the roads, they were wanting to change the route, not very much, but when they came out of the park they had intended on running east toward Dove Chapel, making a loop down there and coming back to the park. If the river continues as it is, that road will be under water by then, and they were requesting to come out of the park and actually run west on Nurrenbern toward the monastery and USI’s property, getting to the bottom of the hill and turning around and returning back to the park. Their actual time on the road is less than it was if they would have used the other route. They had talked to the Sheriffs who were going to work that run for them and made them aware of it, which I understand they didn’t have a problem with that. Like I said, instead of going left and going east, you’re going to go right and go west. It’s about the same run. So, we’re going to kind of make a few changes to make it work, but I think they will still be able to get the run off this Saturday, if it’s okay with the Commissioners to change the course a little bit.

President Winnecke: Steve, where the, are there additional neighbors that need to be notified as a result of the route change?

Steve Craig: There, well, there’s one. I will go over and talk to Ms. Gostley. But, yes, there’s actually less people the way they are going than there is the other way, but I will get a hold of Mrs. Gostley and let her know.

President Winnecke: Thank you. Any other questions of Steve? I would entertain a motion to change the route as recommended.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. All in favor say aye.

All Commissioners: Aye.

(Motion approved 3-0)

Steve Craig: Thank you.

President Winnecke: Thanks, Steve.

Steve Craig: I may be borrowing some sandbags from Sherman on mine.

President Winnecke: I would go get them now, buddy.

President Winnecke: Yeah, I’m going to get Doc. Doc or Gary, did you have anything else from the Health Department?

Gary Heck: Anything else to add? No, sir.

Ted C. Ziemer, Jr.: Excuse me, I have one other contract.

President Winnecke: Sure.

Ted C. Ziemer, Jr.: I’m sorry this came late, currently Evansville and Vanderburgh County receive what are called point to point services to the Civic Center and to the airport under a month to month contract with AT&T for a cost of $570 a month. Under the proposed three year contract for identical services the charge will be $160 a month. So, it’s a substantial savings. The contract is for 36 months, but it contains an appropriate clause for failure of appropriation in the event that the County Council should determine at any time during the 36 months not to appropriate funds for this contract, then the city and the county have the right to terminate that contract for failure of appropriation. We find the contract satisfactory for execution from a legal perspective. Mr. Staples is here from Computer Services should there be any questions.

President Winnecke: I’ll just ask, what are point to point services? I’m sure it’s something we need. I would just like to know.

Ted C. Ziemer, Jr.: I would have told you if I knew.

John Staples: Yeah, we had this discussion this morning. John Staples, Computer Services. The point to point is the communication line that the Joint Task Force located at the airport communicates back to the Civic Center for e-mail, telephone service, network services, things like that.

President Winnecke: Hence the term point to point.

John Staples: That’s the point to point. Our point to their point, yes.

President Winnecke: Any questions of John? I would entertain a motion to approve.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. All in favor say aye.

All Commissioners: Aye.

(Motion approved 3-0)

President Winnecke: Thanks for hanging around.

John Staples: Thank you.

President Winnecke: Appreciate it.

President Winnecke: Next we have the 2011 paving list, which was mentioned earlier in our discussion on the flooding situation. It is, as has been mentioned in this, before this body on numerous other meetings, the mileage is down considerably from the amount of roads we’ve been able to pave in the past. We’re proposing paving a little over ten miles of roads, that is based upon the amount of budget that is available to us for this. As Mr. Duckworth has requested, and I think it’s wise that we pass this, with the understanding that he may be back at a later time to revise it. This has been, we’ve discussed this at numerous meetings, it’s been posted on our website, and we’ve had numerous opportunities for public comment. I would entertain a motion to approve the list as presented.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: There’s a motion and a second. Any 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: Public comment? I believe we have some folks here to...just state your name for the record, and address, right, Madelyn?

Jim McCutchan: Hi, my name is Jim McCutchan. I am the chairman of the advisory board in Scott Township. Our trustee is out of town, so I am the Township Trustee today and tomorrow and maybe the next day, I don’t know. I want to thank you for the opportunity to come tonight and vent some frustrations we have, and these frustrations are certainly not with you. We are having an ongoing run in with INDOT as far as closing the little chute road next to the Busler’s on Highway 41. Do you got that in your mind where we’re talking about?

President Winnecke: Yeah.

Jim McCutchan: We were to meet with them, oh, a month or so ago, and they didn’t show up to the meeting. They have scheduled a meeting, as of today, for us to come up to Vincennes tomorrow, at something like 6:00 in the morning, or some terrible time with the hour’s difference and driving time. But, anyway, we’re here to vent our frustrations and to state our case to you and hope that we can enlist your support in some sort of letter or something to the INDOT people concerning this little chute. I guess, the main question we have is, we don’t really know what we’re fighting, because they’ve never given us a reason. They just say we’re going to close the chute, it’s our road, we’ll do with it what we want to do, and that’s it. You know, we have no recourse, no chance to talk to them at all. My first question would be, why are they doing it? You know, if they can give us a good reason, then I’ll say fine, that’s okay. But, they certainly are not closing it for convenience, because we have several people who live in that area that use that little chute to get out on Highway 41. If they have to go around, they go a pretty good mileage around, and if they go to Inglefield Road, it is pretty narrow, and with Koester Brothers bringing equipment out, it’s pretty dangerous sometimes at the intersection of 41 and Inglefield. If they go the other way to Boonville-New Harmony, as you know that’s sprouting up now to becoming quite a business corner, and it’s a long wait for the light. So, a lot of the people who have lived out there for years, and I think that chute has probably been there since they put Highway 41 in, use that little chute to either go north or south from their house or their residence, or business, and they know the risk, and if you’ll look at the records I think you’ll see that the number of accidents there are almost nil compared to the ones at the light at Boonville-New Harmony and at Inglefield, because people take these light, people drive too fast, they rear end each other when they try to stop, some of the truckers go through the light and never stop. So, that’s, convenience is not a thing. Safety, obviously is not a thing, as I just explained, you know, there are more accidents there than anywhere else. Conformity, well, you would think maybe they would like to be conforming all of the things to it, but if you’ll go with me now and close your eyes and go up to Highway, Interstate 64 and come just a little bit south, you come to Stoll’s Restaurant. If you’re heading south on 41 and you want to go to Stoll’s Restaurant, and you see it and turn where the cut out is, you’re a dead duck, because you can’t get in that way. If you come down a little bit farther, you get down to Stacer Station Road, and there again, there’s a median cross, but if you make a left turn coming south and go across that median, you’ll go about ten feet out into a cornfield, and it’s paved out into that cornfield, but you’ll certainly have to back up and turn around and go the other way. If you come down a little bit farther, you come to the INDOT garage, same thing, you know, you’re cutting across Highway 41, and you can imagine them coming out with all of the snowplows and things of this sort. So, this is not conformity. Mr. Duckworth is gone, I believe, he’s heard this story before, but I closed my speech last time when we met, informally, and I would like to close it again this evening and thank you for your time and effort, but can you imagine that if they would close the cut across Highway 41 at the INDOT garage and let them use Boyle Lane down to Baseline Road. They would have a stoplight to get out on the highway. That makes about as much sense as what they’re trying to do to us. So, we solicit your support. Thank you for your time.

President Winnecke: Jim, I did have a question.

Jim McCutchan: Okay.

President Winnecke: As I understand, INDOT wants to close the cross over in the median and the little road adjacent to the Old Busler property, is that right?

Jim McCutchan: I believe so.

President Winnecke: And, is your opposition for both, or just the road next to the Busler property?

Jim McCutchan: Well, I think there’s opposition to both, because we have two gentlemen back here, I think, are going to talk after while, but one lives right there at the corner. There are some businesses there. There is a veterinarians shop, and there is a Travel Smart–

President Winnecke: Right.

Jim McCutchan: –place. I don’t know what they are doing out on the Busler property now, but they are doing a bunch of drilling and so forth. A contractor was out there, I can’t think of the name of the trailer that was there. So, they’re getting ready to do something, I think, possibly on the Busler property. So, I think they’re wanting to close both of them. I can see they want to limit that access as much as they can, but they’re not being consistent, if you go up the road and see the others.

President Winnecke: And, lastly, with whom have you been dealing at INDOT?

Jim McCutchan: We have never had an opportunity to sit down and talk to INDOT. They were to come to our meeting a month or so ago when we talked to Mr. Duckworth about the future of Peck Road, because with the new high school out there Peck Road is a little bit on the narrow side and something needs to be done.

President Winnecke: You’re being kind.

Jim McCutchan: We had been told that they were considering making Peck Road one way north. We went there to talk about that, because, obviously, with the fire department and ambulance service, you know, they can’t have one way north. When you’re sitting in your house and looking out the back window and see the fire station, and then they have to go three miles around to come back up north. You know, it doesn’t make sense. So, he assured us that he would take that case and it probably would not be a one way either way. So, we’re in good shape there, but INDOT didn’t show up for that meeting, and I think they were a little hesitant to even have us up there tomorrow, or Friday. Is it Friday or Saturday, Bob?

Bob Crow: Friday.

Jim McCutchan: Friday, okay.

Bob Crow: Friday, our time, at 9:00.

President Winnecke: Okay, any other questions of Mr. McCutchan before we ask other folks up?

Commissioner Abell: Is it your desire for us to provide a letter? Is someone from your organization going Friday morning?

Jim McCutchan: Bob is.

Commissioner Abell: Mr. Crow is? Because–

Jim McCutchan: Steve, are you going? Don’t know? Okay.

Commissioner Abell: Is it your desire that we provide a letter of support? Is that what you’re asking us for?

Jim McCutchan: That is what we’re asking, yes.

Commissioner Abell: Okay.

Jim McCutchan: I know that’s a lot to ask, because your dog’s not in this fight, but we’re trying to get him in there.

President Winnecke: I think we could write a letter. Anyone else from the public that would like to comment on this issue? As he’s walking up I will offer just a little color commentary, that when this issue was first brought to our attention, I don’t know, two or three months ago by the County Engineer, this has really been driven by INDOT. We had no notification of it until Mr. Stoll notified us, who had been notified through INDOT. So, we have not been consulted. I know Mr. Stoll has not either, so, go ahead, sir.

Bob Crow: Well, to start off INDOT–

President Winnecke: State your name for the record please.

Bob Crow: Oh, Bob Crow. INDOT contacted me and they wasn’t wanting to contact anybody else. They just said, they wanted to know if it was okay, because I have property on both sides of that road. So, what they told me they was going to do was take the concrete out between the two highways. So, if you came from Scott School down the Old State Road you couldn’t turn and come towards Evansville. That was going to be a no-no there, and you would have to go to Inglefield or Boonville-New Harmony. Then they told me that they, I’ve talked to them five or six times, and I never have gotten anything, you know, out of them. They promised they would be at the meeting, which they told me to form, and I got everybody together, and then they didn’t show up. They called me the night before and told me that they wouldn’t be there, but, of course, we went ahead and had the meeting, because I couldn’t cancel all of the people. But, as far as Rex is concerned, Inglefield, and like Mr. McCutchan said, Inglefield and Baseline and Boonville-New Harmony have a lot more, have wrecks when they don’t have any there at this particular intersection. There’s no light there either. There’s more traffic that goes down that hill and comes across the highway of a morning than there is at Inglefield Road or Baseline Road, and they’ve got lights at both of those. I don’t think they need a light at that particular road, they just need to leave it alone, leave it open. Their excuse was that 16 year old kids could not negotiate that. I have quite a few kids myself and they negotiated it. That’s been there, that road has been there for 66 years. I know of one instance where a guy was killed on a motorcycle there, but a drunk run into him. So, that’s the only wreck that I can remember they had there.

President Winnecke: One question, the other question that just occurred to me, and I don’t know if anyone knows the answer, John may, have they proposed a specific date by which each of these would be closed?

Bob Crow: Steve probably knows more about that now.

Steve Jackson: We don’t know of a certain date yet.

President Winnecke: Okay.

Steve Jackson: We do know of a contractor–

President Winnecke: Do you want to come up to the microphone please? Just state your name for the record please.

Steve Jackson: Steve Jackson. I live out in that area. I even grew up out there, as a teenager, and used that off ramp, and like the rest of them didn’t have any accidents there either. But, to get to your question on date of taking the median out, the only thing that we have heard that one of the big general contractors of the School Corporation was asked to leave his equipment there, to go ahead and take that out immediately before he moved his equipment elsewhere, and he has already been told to go ahead and do this. So, I don’t know if that means it could have been done by now if the weather would have permitted, or if it’s yet this spring, or what it is, but, you know, the School Corp, the new school surrounds our farm on three sides. So, I’m right in the middle and can see everything that’s going on, and really there’s no equipment left there right now. It’s just a couple of pieces of equipment, but the rest of their equipment is gone.

President Winnecke: John, did you have something to add to that?

John Stoll: I just wanted to add that I thought it was supposed to be added to be part of the INDOT permit associated with all of their construction that was done for the new school out on 41. They had to add a new right turn lane into the school, and I thought that median cross over removal was part of that permit. It had been added on after the fact, but I would have to confirm that to be sure, but that was the last that I was told on that situation. They didn’t have any time tables.

President Winnecke: Okay, but, certainly disappointing to me on a couple of fronts, one, INDOT is driving this without consulting this organization or the County Engineer, and I find it even more appalling that they would ask you to come to Vincennes for a meeting–

Bob Crow: Yeah, we’ve tried to get them down here.

President Winnecke: –after they wouldn’t come to a meeting here. I have no problem with this body sending a letter in support of your position. I am, I can’t go with you Monday or Friday, if I was free, I would, but, at a minimum, we could send a letter of support.

Bob Crow: Can we get an injunction against them for that?

President Winnecke: We don’t have the authority to issue injunctions.

Bob Crow: We don’t?

President Winnecke: No, this body does not.

Bob Crow: Okay.

President Winnecke: So, that’s what I would....go ahead.

Bob Crow: Pardon me, farmers use, like Steve’s a farmer and Mr. Farny back there, and they use that to take big equipment across it. They can’t take this big equipment up Inglefield Road because it’s too narrow.

Steve Jackson: Correct, and I also have a business up Old State Road next to the church, and I have approximately a hundred and some semis come into our property each year. Most, well, 99 plus, 99.9 percent of them come from I-64 and then south, and most all of the larger semis, they do come down and use that little turn off, because if anybody is familiar with Inglefield Road where it comes on to Old State, it’s like, and they can’t see out of their mirrors or turn their trucks sharp enough to see if anybody’s coming from the south on Old State. So, they go down and turn on that because it’s a lot safer they said. So, it’s going to be an inconvenience and not as safe for just that one situation.

President Winnecke: I agree.

Bob Crow: Even people that live on Inglefield Road, and we’ve got a neighbor here that lives there, when he first moved out there he said he almost got run over by a semi, and he’ll not use Inglefield Road. He goes back around the church and comes down and comes across the highway, that is where the stoplight is at.

President Winnecke: Do you want to come forward please, and state your name.

Commissioner Abell: While he’s coming up, I just, you know, common sense tells me that it’s going to be safer to use it now with that new school there than it was before, because people are going to be so aware of that school, they’re going to start slowing down a lot faster. You know, I’m much more aware of driving through a school zone at a $1,000 fine, than I am anywhere else in town. So, I think that if you’ve gone this long when it’s been safe, I don’t think it’s going to get more dangerous. If anything, I think it might get safer.

Steve Jackson: Well, we feel so too, and the other comment that we’ve always had, why go to all of the expense of tearing everything out when you don’t even know if you need to. I mean, we need to get the school in place and the traffic, and if they see it’s an issue, you can always put up, you know, the temporary concrete barricades–

President Winnecke: It could be closed later, right.

Steve Jackson: –and then be closed later, but, it’s like having the cart before the horse.

President Winnecke: Right.

Steve Jackson: It’s going to cost somebody, which the taxpayers will have to pay for that.

Eugene Farny: Eugene Farny, don’t, I live on Baseline, and I cross Baseline every day, 41 every day. Don’t ever drive up there thinking that either way they’re going to stop for that red light. Because I’ve had a half a dozen times I wouldn’t be here if I wouldn’t have stopped and let them go. It would be the same up there, that’s a highway, when you drive across this intersection where they’re talking about taking out, you expect them to keep going. You’re not going to, accidents haven’t happened there. It happens on them red lights, when the semis don’t even anticipate that there is even a light there.

President Winnecke: I would entertain a motion, I appreciate it, I would entertain a motion to, in fact, to draft a letter from this body in opposition to INDOT’s plans and to support this, and to establish a meeting at the earliest possible convenience in Evansville with, or at a location that’s convenient for you. We can do it up in that area, so, I would consider a motion to send a letter in that regard.

Commissioner Melcher: I would be glad to make that motion. We need to get the MPO involved too. So, I’ll make a motion.

Commissioner Abell: I’ll second it.

President Winnecke: I would add, John, I know this, we usually don’t ask you to write letters, but since you are sort of technically aware of what’s going on, I would ask that you draft the letter right away so we can sign it and then get it to these gentlemen before their meeting on Friday. Mr. McCutchan, did you want to offer anything else?

Jim McCutchan: You were looking for a place to meet up there, I will volunteer Centenary Church.

President Winnecke: Okay, great. Thank you. John, if you would include that in your letter. Okay, we have a motion and a second on the letter from the Board of Commissioners. All in favor say aye.

All Commissioners: Aye.

(Motion approved 3-0)

President Winnecke: Gentlemen, thank you, Mr. Crow, Mr. Jackson, Mr. Farny, Mr. McCutchan. Nice to see you again.

Jim McCutchan: Thank you.

Commissioner Melcher: Thank you.

President Winnecke: Thank you all. We’ll try to help as much as we can. At this point I would entertain a motion to, oh, any other public comments? I’m sorry, Bill. I saw you there.

Bill McKeon: Thank you, Commissioner. Welcome Commissioner Marsha, if I may say that. You are a refreshing face, I’ll say that. I appeared here before you several months ago, and I’m respectfully, I’m not getting my words out tonight, respectfully asking that you consider again an ordinance within the county, the EPA noise ordinance that the county does not have, the city does not have. There is an ordinance for noise, it’s in the city, and it’s for the boom boxes, and that’s about it. Summer is coming, windows will be open, and people will be outside, and the noise emanating from certain airplanes, or aircraft is deafening. Like I say, I just respectfully ask that you consider an ordinance limiting the noise within the county. Any questions?

President Winnecke: Specifically, I’m pretty sure I know the answer to this, specifically your concern is the sound, noise relating to aircraft?

Bill McKeon: Aircraft, right.

President Winnecke: And not boom boxes.

Bill McKeon: Right, and I have to state Commissioner Lloyd that we’re not talking about every aircraft that flies in and out of the airport. It’s just certain ones. Really, lately I’ve taken notice it’s, a lot is coming from the private jets, those little, tiny business jets. Now, whether who owns them, and I don’t know, but they certainly, when they take off, boy, they can roar. But, again, I’m going to say in all due respects that if you have, let’s say 20 aircraft coming in during the day, there might be one, there might be two, that’s it. It’s not every plane. Of course, as I mentioned earlier, months ago, Europe does have a rule that you must have mufflers on certain aircraft so that it cuts the noise down. So, and, again, it’s the older airplanes that are making this noise. Again, I just wish you would consider it.

President Winnecke: Any questions of Mr. McKeon?

Commissioner Abell: Where did you say someone has an ordinance that we could look at?

Bill McKeon: I’m sorry, Ma’am?

Commissioner Abell: Did you say Newark has, Newark, N.J., is that–

President Winnecke: No, Europe.

Commissioner Abell: Oh, Europe.

Bill McKeon: No, no, Europe, over in Europe.

Commissioner Abell: Oh, across the pond, okay.

Bill McKeon: Across the big ocean, yeah.

Commissioner Abell: Okay.

Ted C. Ziemer, Jr.: I’ll be glad to go over there and study that if the Commissioners wish.

Commissioner Melcher: I don’t know if you could get the travel approved by the County Council.

Commissioner Abell: Only if you sit in the seat behind me.

Bill McKeon: In all honesty, I wouldn’t take an aircraft over to Europe anymore either. You don’t know what’s going to happen. But, no, it’s, I can sit out on my back deck and watch t.v. and eat a meal, and all of a sudden here comes a plane, and you shut the t.v. off for awhile, or I could be on the phone outside talking, and, again, I’ll have to ask the party, whoever I’m listening to, just a minute, until the plane leaves. Even after it bypasses my abode, it might be another two or three minutes and the engine, I don’t know, and, again, it’s not, this is, I have to clarify myself by saying I’m not objecting to the regional airport board, or the director out there. I think it’s the pilots, you know, and, again, where are they from, who knows? But, sometimes they just gun that engine, and I don’t know if it’s a necessity or not, but they’re certainly not considerate of the people within my area.

Commissioner Abell: That was going to be one of my questions, as you know, I’m new on this Board, have you, you say you’ve approached this before, have you talked to the air board about this?

Bill McKeon: Oh, yes.

Commissioner Abell: Oh, you have?

Bill McKeon: Yes.

Commissioner Abell: And what was their response?

Bill McKeon: Well, we have a new manager out there, I’ve only met with him once, and I have to say this, I know you’re a welcoming site to this Board, but your counterpart right there, Lloyd, Commissioner Lloyd, was grateful, gracious enough to set up meetings with the people in the area, and the manager and the board out there which we appreciated very, very much, and they are cooperative, I’ll say that. So, it’s not, like I said, it’s not directed at them, it’s something that the EPA does have a national standards and all, but they leave it up to the individual community to set the ordinance of what a decibel reading should be. 70 is the recognized one, and, of course, if you’ll have a school close by, 55 is that, and you do have a school close. So, it’s something to consider. Noise is a factor, just like, you know, polluting the waters or whatever else may be. It’s a health issue. Like I said, you know, for someone who’s lived a few years around here, I think I’m, maybe one gentleman over there might be older than I, no disrespect to you, Counselor, but, I think I’m older than all of you here, and I’ve gone through a few cancer operations and the pacemaker and everything else. So, you know, the few years I have left, I would like to enjoy them. That’s all I’m asking. I know, Commissioner Winnecke there has really been an asset to us, and I must say too, Melcher, you’ve been of great assistance. I appreciate it. I know you’re a welcoming new face to this Commission–

Commissioner Melcher: That’s three.

Bill McKeon: –and just listening to you challenge some of these people, I know you’re going to do a great job for everybody.

Ted C. Ziemer, Jr.: I was going to try to be helpful until your remarks.

Bill McKeon: Well–

Commissioner Abell: Well, sir, I would tell you that I live on Stringtown Road and I have a deck, and I also have the planes that come over and I do understand what you’re talking about. They are rather loud.

Bill McKeon: Well, I appreciate that, and, like I said, I’m just asking you to consider it. That’s all.

President Winnecke: I think maybe the best direction is to ask our County Attorney to research, one, what parameters we have, and, maybe come back with a recommendation. Maybe you can research the European ordinance online. Bill, thanks for coming out tonight.

Bill McKeon: Thank you, and if you need any help from the senior citizens let us know.

Ted C. Ziemer, Jr.: I won’t.

Bill McKeon: But, thank you very, very much. I appreciate your time.

President Winnecke: Thanks, Bill.

Bill McKeon: Thank you.

President Winnecke: Any other public comment?

Commissioner Melcher: If Jeffers was here, he would be up saying the same thing.

President Winnecke: Eldon?

Eldon Maasberg: My name is Eldon Maasberg. I was just wanting to see where you guys, where we stand on this consolidation deal? Thank you.

President Winnecke: Where we stand. We announced last week that we’re going to have a series of public workshops, beginning May 5^th.

Eldon Maasberg: You’ve got dates on that now?

President Winnecke: They should be on our website, every Thursday beginning May 5^th through the middle of June, or through June 9^th. They will be right here in this very room, Eldon, 5:30.

Eldon Maasberg: 5:30?

President Winnecke: 5:30, we’re going to set up a conference table right here, and the Commissioners and the City Council are going to sit around it and we’re going to walk through the proposal as is, and make modifications as people see fit. Then reconvene the public hearing June 30^th.

Eldon Maasberg: Well, oh, June, I was thinking there was supposed to have been the, the 30 days was–

President Winnecke: No, we didn’t adjourn the meeting, we continued the meeting, so, it’s continued until June 30^th.

Eldon Maasberg: Okay. That’s where, I was thinking you had to have something done by this Thursday.

President Winnecke: No.

Eldon Maasberg: Okay, thank you.

President Winnecke: You’re welcome, Eldon. Any other public comment?

President Winnecke: I am reminded twice, and I’m glad. I failed to recognize our Youth Resources students in the beginning. If you would turn your microphones on, oh, yeah, get up there. You missed all of this t.v. air time. Just turn the microphone on, state your name and the school that you represent.

Nathan Wire: Nathan Wire, Bosse High School.

Sarah Weinzapfel: I’m Sara Weinzapfel, and I go to Reitz.

Ryan Schultheis: Ryan Schultheis, Memorial.

President Winnecke: Great. We have some other students, would you like to state your names?

Andi Miller: I’m Andi Miller from North.

Lacey Claymier: Lacey Claymier from North.

Kourtney Caldwell: Kourtney Caldwell from North.

President Winnecke: Okay, thank you everyone for being here. Any other public comment?

Ted C. Ziemer, Jr.: I would just like to comment that Ryan Schultheis is the second cousin of the executive director of Memorial High School, though he assures me that has nothing to do with the grades that he gets. So, we’re glad to hear that.

President Winnecke: Worth noting.

President Winnecke: We’ll move on to the consent agenda. I would consider a motion to approve as presented.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Madelyn, would you do your magic?

Madelyn Grayson: Sure. The consent items for the April 26^th meeting are as follows; approval of the April 12, 2011 Commission meeting minutes; the employment changes for the Commissioners approval, there are four for Burdette Park and one for the Health Department; the County Council has a request for Burdette passes for full time county employees; Center Township has a revised 2011 standards; the County Engineer has pay request number 126 for TIF projects in the amount of $68,224.61; the Evansville-Vanderburgh County Building Authority has pay requisition number 94 to be paid from the jail construction fund; the Commissioners have an appropriation request for facility improvement for the jail project; Hillcrest Washington Youth Home has the first quarter 2011 fees; the Historic Preservation Society has a date change for use of the Old Courthouse Ballroom; the Commissioners have a J.E. Shekell proposal for Old Courthouse chiller repairs and Midwest Roofing and Sheet Metal proposal for Old Courthouse roof leak; the Assessor has a request to surplus various office equipment; the County Clerk and the County Treasurer have March 2011 monthly reports; and the County Treasurer also has the year-to-date report through March 31, 2011; the Town of Darmstadt has a resolution concerning the Evansville-Vanderburgh County Plan of Reorganization; the Legal Aid Society has the 2010 annual report, the March 2011 statistics, and the first quarter 2011 budget; the Evansville ARC has the March 2011 report of activities, the IBAP Gatekeeper has a March 31, 2011 report; and Weights and Measures monthly report from March 16-April 15, 2011; and department head reports from Burdette Park, the Ozone Officer and the County Engineer.

President Winnecke: Well read. All in favor say aye.

All Commissioners: Aye.

President Winnecke: Opposed.

(Motion approved 3-0)

President Winnecke: Thank you. The consent agenda passes. Any other business to come before the Board of Commissioners?

Commissioner Melcher: I just have one. I would like to put on the agenda for the next meeting, just some discussion about the threshold rejection resolution.

President Winnecke: Okay, we’ll do it. I would entertain a motion to adjourn.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: We are adjourned.

(The meeting was adjourned at 6:26 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the April 12, 2011 Commission Meeting Minutes.

Center Township Trustee: Revised 2011 Poor Relief Standards.

EVCBA: Jail Pay Requisition Number 94.

County Council Appropriation Request: Facility Improvement: Jail Project.

Hillcrest Washington Youth Home: First Quarter 2011 Fees.

Historic Preservation Society: Date Change for use of Old Courthouse Ballroom.

J.E. Shekell Old Courthouse Chiller Repair Proposal.

Midwest Roofing & Sheet Metal: Old Courthouse Roof Leak Proposal.

Darmstadt Resolution: Evansville-Vanderburgh County Plan of Reorganization.

Evansville ARC: March 2011 Report of Activities.

IBAP Gatekeeper: March 31, 2011 Report.

Employment Changes:

Health Department (1)              Burdette Park (4)                      Prosecutor (1)

County Clerk (4)                       Circuit Court (1)                        Superior Court (1)

Sheriff Office (1)

County Council: Request for Burdette Passes for Full Time County Employees.

County Engineer: Pay Request No. 126: Green River-Burkhardt TIF Projects.

County Assessor: Surplus Request Letter: Various Office Equipment.

County Clerk: March 2011 Monthly Report.

County Treasurer:

March 2011 Monthly Report.

Year-to-Date Report through March 31, 2011.

Legal Aid Society:

2010 Annual Report.

March 2011 Statistics.

First Quarter 2011 Budget.

Weights and Measures: Monthly Report: March 16-April 15, 2011.

Department Head Reports:

Burdette Park                           Ozone Officer                           County Engineer

Those in Attendance:

Lloyd Winnecke                        Marsha Abell                            Stephen Melcher

Joe Gries                                  Ted C. Ziemer, Jr.                    Marissa Nichoalds

Madelyn Grayson                     Sherman Greer                         Mike Duckworth

Maura Robinson                       Gary Heck                                John Staples

John Stoll                                  Steve Craig                               Jim McCutchan

Bob Crow                                  Steve Jackson                          Eugene Farny

Bill McKeon                              Eldon Maasberg                       Nathan Wire

Sara Weinzapfel                       Ryan Schultheis                       Andi Miller

Lacey Claymier                         Kourtney Caldwell                    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.)