VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

AUGUST 5, 2008

The Vanderburgh County Board of Commissioners met in session this 5^th day of August, 2008 at 5:03 p.m. in room 301 of the Civic Center Complex with President Jeff Korb presiding.

President Korb: Good afternoon, ladies and gentlemen. We would like to call to order the August 5^th meeting of the Vanderburgh County Board of Commissioners. Introductions, please, on my right.

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

Commissioner Nix: Bill Nix, County Commissioner.

President Korb: I’m Jeff Korb, County Commissioner.

Commissioner Tornatta: Troy Tornatta, County Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

President Korb: Join with me in the Pledge of Allegiance, please.

(The Pledge of Allegiance was given.)

President Korb: We start off with permission to open to open the bids for the concrete repair for various roads. Mr. Ziemer?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. Alright, Mr. Ziemer, keep it as quiet as you possibly can. Cause you know how you are with paper like that.

President Korb: Action items, Building Authority, permission to spend from the jail settlement fund. We have Mr. David Rector. David, if you would, just introduce yourself.

Dave Rector: Dave Rector, Building Authority. Good afternoon, Commissioners. Commissioner Nix and I had talked about this, at the jail, the computer server room has a two ton Liebert unit, it’s an HVAC unit that cools the room. It was adequate for when we went into the jail, handling the equipment for the computers at that time. We’ve added a good deal more since then, and the Sheriff tells me we are going to be adding even more equipment. The room is overheating now. That’s not good for computer equipment, and it could cause a real crisis if that room was overheating and the equipment shut down. We need to add some additional air conditioning, and what we’re proposing is that we use the recently acquired funds that we have, that special amount set in from our discussion with the designers. We have plenty of money in there, and I’m requesting that we use $18,000 of that to add additional air conditioning in the server room.

Commissioner Nix: I guess, the discussion was to leave the existing unit and add additional cooling capacity? So we have some redundancy, if, in fact, instead of taking that unit out and just adding a larger one.

Dave Rector: Exactly.

Commissioner Nix: That’s still the plan?

Dave Rector: Yeah, we think it would be a good idea. That way if something would happen to one of them, we would still have at least some cooling in there during that time. But, the room, we’ve just added a lot of equipment, and they’re anticipating adding a lot more. Not only does that control all of the computer equipment at the jail, but it’s for Central Dispatch too, I understand.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

President Korb: Discussion? Hearing none. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

Dave Rector: Thank you.

Dave Rector: One quick item, to let you know, we have scheduled the township assessors to move into the building next Tuesday.

President Korb: Oh, great, good.

Dave Rector: So–

President Korb: How’s that working along? Pretty well?

Dave Rector: It’s working along fine. It’s just, as we all know going in, it’s going to be very crowded.

Commissioner Nix: Appreciate Bill Fluty’s help, and Z. Tuley, and, Dave, of course, your work in getting this done, and I’m trying to think of who else has been working with us on this, but I know–

Dave Rector: Well, it’s taken a number of, Computer Services, Matt Arvay’s group, John Staples’ has been a big help on the computer stuff, and we’ve had our contractors running the power and taking down the walls. But, it’s just a temporary fix for now, until we can do something better. But, I thought you might want to be aware that they’re moving in next Tuesday.

President Korb: Great. Thank you. Appreciate it, Dave.

Dave Rector: Thank you.

President Korb: The next item on the action item list is correction of typos in CO.07-08-013. I need a motion please to correct the typos.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. I need a roll call vote now. Commissioner Nix?

Commissioner Nix: Yes.

President Korb: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Korb: Commissioner Korb votes yes. The motion passes.

President Korb: The next item is permission to award APA-005-2008-2009 for surfacing materials. It says on our agenda that Debbie Spalding will be here, but Mr. Ziemer, since she is away and not here tonight, would you please do that?

Ted C. Ziemer, Jr.: Yes. Since she’s on vacation, yes, the bids were received and have been deposited with Madelyn Grayson, our Recording Secretary, and under the applicable Indiana Code with regard to surfacing materials, it’s the recommendation of the Purchasing Director, Ms. Spalding, that we award the contract to all four bidders, so that we’ll have pavers, or asphalt suppliers available, roughly, in the north, east, west and center of Evansville.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

President Korb: Then, the next item, Mr. Ziemer, on the action items list is permission to advertise APA-041-2009 on road salt.

Ted C. Ziemer, Jr.: And, Ms. Spalding is seeking that permission.

President Korb: Great.

Commissioner Nix: So moved.

President Korb: She’s seeking that permission? Do we have to vote on that?

Commissioner Nix: Yes.

President Korb: We do?

Commissioner Tornatta: Yeah. Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. That’s okay.

President Korb: We have the first and final reading for CO.08-08-018, the patient safety ordinance. I would like to have a motion, if I could, to waive the second reading.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. I need a roll call vote. Commissioner Nix?

Commissioner Nix: Yes.

President Korb: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Korb: Commissioner Korb votes yes. As a result of that vote, I need a motion please to approve the ordinance.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Korb: All those in favor, discussion? All those in favor say aye?

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. I now need a roll call vote for that. Commissioner Nix?

Commissioner Nix: Yes.

President Korb: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Korb: Commissioner Korb votes yes. The motion passes.

President Korb: Next, we have the use of Azteca TIF funds for partial funding for the Baseline Road bridge.

Commissioner Nix: I had spoken to Mr. Ziemer recently about looking into the use of TIF funds to help us with the Baseline Road bridge project. I didn’t know if, Mr. Ziemer, if you wanted to address any of that or not. It looks like that’s something we can do. This is a project that we’ve been working on for about two and half, three years. We’ve got engineering in place to do the project, and I think it will help tremendously from a safety standpoint on the, there at the Azteca intersection there at Baseline and 41. I would like to really see if we can get this project pushed through. So, I guess, I don’t know if there’s any other conversation on this at all?

Ted C. Ziemer, Jr.: I’ll just comment that I did provide each Commissioner with my opinion on that, but, just for the record today, to say that the proposed project, that is the Baseline Road bridge at the CSX tracks, is either in or contiguous to the Azteca TIF area, as expanded, and the project would fall within the parameters of the economic development plan for the expanded TIF area. So, if the Commissioners wish, excess TIF funds there can be used for this project.

President Korb: Any other discussion?

Commissioner Tornatta: Yeah. The problem I still have is the project, and the need for security and safety has still not made itself present. In the past I hear we have a need if there’s an ambulance, or fire protection, or some type of police protection out in that area, yet there’s never been an issue. To date, traffic count is 895 cars. The cost of this project, as it’s listed on the sheet, is $4.2 million. Factoring in the amount of time it’s going to take, per car, per day cost is somewhere in the neighborhood of 13 dollars per car, per day. If you look at the last road projects that we’ve done, in the past, looking at Green River Road, Lynch to Millersburg, a $33 million project, three point two six dollars, $3.26 per car, per day. Average car count 14,000. Look at the Oak Hill Road intersection at Bergdolt, gonna take a year, $721,000 cost, 15,000 cars per day, comes in at roughly 13 cents per car, per day. So, when you jump up, and I’m looking through here, a dollar twelve per car, 46 cents per car, per day, a dollar thirty three per car, per day. You jump up to where it’s $12.91 per car, per day for the project, I’m not real sure that that’s a necessity and in the best interest at this time, when we’re in a financial pinch, to try and take all of our money toward this project. So, in looking at that, and if it’s $5 million, which it’s probably going to creep up to, it’s 15 point, $15.31 per car, per day. So, in looking at this, I think we have to address, is this project a necessity with the bridges that we are going to need on Green River Road? And, potentially be put behind the ball if we don’t have the funds to keep that road open.

Commissioner Nix: I understand, Commissioner. With all due respect, though, I do feel like we’ve got enough money in place to do the Green River Road project. I’m comfortable that we have money in place to do that. For the last four road hearings we’ve had, since I’ve been in office the last four years, if there’s been one thing that’s been asked at every road hearing, especially in district two, is the fact that they feel like this is something that they really need to have. The Fire Department, the emergency personnel, and I feel like it’s not necessarily something that has to, that, I mean, we need to build this, but I think we’re going to build it for the future, not necessarily just for the traffic that’s there now. I see at some time down the road, a corridor from Baseline all the way to what will extend University Parkway across Diamond Avenue. I think this would be the start of that. There’s room to grow out there. The School Corporation has talked about another school in that area out there. I just think that the county is moving east and they’re moving north, and I think now is the time to put this bridge in. So, I would like to see that we get the funds in place to do this. I know that Mr. Stoll has to meet with Council here soon and talk about some different projects that are coming up. I understand that money is somewhat tight right now, but I feel like this is a very important project to get done.

Commissioner Tornatta: In order for that to get to Baseline Road, University Parkway, we’ll have to do an overpass over Diamond Avenue, which is a bridge project, which is going to be a multi-million dollar project.

Commissioner Nix: I don’t know that we’d necessarily need a bridge at Diamond, because the intersection at Diamond now, for 60, won’t be, when it’s completed it will just be an intersection, a three way intersection.

Commissioner Tornatta: I would imagine that it would be a federal aid project where we’re going to have to put in a load of money to get that bridge.

Commissioner Nix: But, I think we need to think toward the future. I don’t think we need to think about car counts right now. I just think that this is an area that’s going to grow, it’s going to grow tremendously with all the development in that area up there. I think now is the time to put this in.

Commissioner Tornatta: The major development, even looking at EVSC is north and east. It’s not north and west. So, that’s where I stand, looking at car counts, looking at where the projected future is going to be is not necessarily in that area.

President Korb: Well, I think the Sheriff’s Department, as well as the volunteer fire department chiefs in that entire area out there have made it very clear this is a safety issue for them. I have to agree with Commissioner Nix on this one, is the fact that, you’re right, the cost per car at this point is pretty high, but we see that number as potentially going down in the future. So, and I respect everybody’s opinion on this.

Commissioner Nix: Plus, the other thing to consider too, we’ve been informed by CSX that, there’s two tracks there now, correct me if I’m wrong, Mr. Stoll, but at some time in the near future there’s going to be three tracks.

Commissioner Tornatta: That’s not necessarily a correct statement.

Commissioner Nix: Well, that’s what we’re hearing.

Commissioner Tornatta: Well, I talked to CSX to find that information out, and he said, right now, clearly, there’s enough side track to get everything handled, and if there’s a problem with access at those points, we’re talking about a million dollar or less fix to correct that access problem, than we’d be talking four and a half to five million dollars to address a bridge problem over one, two, three tracks. CSX admits that it’s a bad project for us to do because of the car count.

President Korb: I don’t have a lot of confidence in CSX, simply because it’s like, it’s their own fifedom out there. They try to control that area. I can tell you, I guess, my perspective on this is as a west sider. I can’t tell you the number of times that I’ve been aggravated trying to get over the Ohio Street railroad tracks without having a bridge in place. Or the Franklin Street railroad tracks without having a bridge in place. I’m thinking, what were those people thinking back then not to have the insight, or the foresight to be able to put a bridge over these stinking railroad tracks? So, to me, it’s a futuristic decision. It doesn’t make a whole lot of sense now, according to you, dollars and cents, and that’s great, everybody’s entitled to that, but I’ve got to sit here and think, okay, we complain all the time about not having vision. I respect the fact that money is tight, but that’s why we passed the TIF thing. The TIF district, and that was very important for that growth in that area out there. Will we ever see Baseline Road touch University Parkway? Probably not in my lifetime. I might be in a nursing home at that point in time, but I don’t know. However, I just feel like, that at this point, forward thinking is, I just feel it’s the way to go. I respect everybody’s opinion, but I’m pretty certain I know where everyone’s going to land on this. So, let’s go ahead, and if you want to have a motion, and if it gets a second, great, and if it doesn’t, it dies.

Commissioner Nix: I make a motion we use excess Azteca TIF funds as supplemental money to start the process for the Baseline Road bridge project.

President Korb: I second that motion. Any further discussion? Hearing none, all those in favor of using the TIF money for Baseline Road say aye.

Commissioner Nix: Aye.

President Korb: Aye. Opposed same sign.

Commissioner Tornatta: Aye.

President Korb: The motion passes two to one.

President Korb: Next we have contracts, agreements and leases. Gentlemen, do we want to do this all under one lump sum?

Commissioner Tornatta: Yes.

President Korb: Okay.

Ted C. Ziemer, Jr.: Excuse me, would you like to do the bids? They’re ready now.

President Korb: Sure, that would be great. Thanks.

Ted C. Ziemer, Jr.: Then, if there’s anybody in the audience that wants to hear that, they can leave after that. Alright, this is for concrete repair of roads in Ensle Place Subdivision. We’ve got five bids. The first one is JBI Construction, $280,595. The next one is J.H. Rudolph and Company, $347,990. The next one is Concrete Pavers, $323,512.36. Next is M. Bowling, Inc., $298,729. Next is Rivertown Construction, $312,880.

Commissioner Nix: Motion to take the bids under advisement.

Commissioner Tornatta: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Contracts, agreements and leases. I’m sorry, anything else, Mr. Ziemer?

Ted C. Ziemer, Jr.: Yes, I will then–

President Korb: Okay.

Ted C. Ziemer, Jr.: –if you don’t mind?

Ted C. Ziemer, Jr.: I just have two matters. Some time ago, a vehicle owned by the county for use by the Vanderburgh County Department of Health was totaled in an accident. The insurance agent is ready to pay the county $4,504 for the totaled vehicle, plus $650 for salvage. They’re waiting for a title. When we began to look for the title, this is seven or eight months ago, the title had been miscorrectly titled in the name of Southwest Indiana Mental Health. We have no idea how that happened. We’ve worked with the Indiana Department of Motor Vehicles, and, finally, we do have a correct title to that automobile in the name of Vanderburgh County. I don’t think that Mr. Heck is ready just now, he has to talk to the agent. What we would seek is approval to turn this car over to the insurance company for the total loss value and the salvage value, and authorize Mr. Korb, as President, to sign the title, on behalf of the county, at such time as Mr. Heck should request.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

Ted C. Ziemer, Jr.: Then, second, is just another non-agenda item. The Health Department for several years now has been receiving grants from the State Department of Health for Women, Infants and Children’s program, otherwise known as WIC. The current grant is for $473,622, as opposed to $418,000 last year, for a period running from October 1, 2008 through September 30, 2009. That is satisfactory for execution from a legal perspective. They do have to turn that around in seven days if they are to get the grant money. So, it’s recommended that you approve that grant.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

Ted C. Ziemer, Jr.: That’s all.

President Korb: Now, contracts, agreements and leases. Going through those, we have the Building Commission with the mobile/manufactured home tie down/anchoring agreement, we have Computer Services software maintenance and ad hoc consulting services agreement, we have DADS, the translator contract agreement, we have the Health Department copier lease agreement with Xerox, we have the agreement with Christopher Burke Engineering for consultant services, we have Bernardin Lochmueller and Associates a supplemental agreement number four, and, finally, we have the Sheriff the Indiana Criminal Justice Institute grant applications.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

President Korb: Discussion? Hearing none. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Department head reports, County Attorney. Mr. Ziemer, do you have any reports?

Ted C. Ziemer, Jr.: None other than I’ve already given.

President Korb: Okay, great. Thank you very much.

President Korb: County Engineer, Mr. Stoll? If you would please, for the record, just state your name and what you do.

John Stoll: John Stoll, County Engineer. The first item I have is a request from J.H. Rudolph for a time extension on the on-going concrete repair contract. Their original completion date was July 31^st, and they are asking for an extension until September 30^th. This covers the work that they are doing out in Westwood Hills and out on Spring Valley Road.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: Next, I would like to request approval to go to County Council to appropriate $1.25 million into the Baseline Road Bridge Account. This would be combined with the $450,000 that was discussed, for a grand total of $1.7 million in additional funds. That would give us roughly five million dollars total based on the current estimates for the project. But, I just need your approval to go to County Council for that $1.25 million appropriation request.

Commissioner Nix: So moved.

President Korb: Discussion? I second that. All those in favor say aye.

Commissioner Nix: Aye.

President Korb: Aye. Opposed, no?

Commissioner Tornatta: Aye.

Ted C. Ziemer, Jr.: Excuse me, Mr. Stoll. On that subject, I would like to re-visit something, if we could? When the vote was taken to authorize the use of $450,000 of excess Azteca TIF funds for the Baseline Road Bridge project, in addition to doing that, I apologize for this, I didn’t catch it, we should also vote to authorize the President and Secretary of the Redevelopment Commission to execute warrants for that amount. So, I would like you to add to that motion a recommendation to the Redevelopment Commission that they execute claims and warrants for the $450,000 for this project.

Commissioner Nix: So moved.

President Korb: We’ll just make that a new motion? A motion has been made. Seconded by Commissioner Korb. All those in favor say aye.

Commissioner Nix: Aye.

President Korb: Aye. Opposed same sign.

Commissioner Tornatta: Aye.

President Korb: The motion passes two to one.

Ted C. Ziemer, Jr.: Thank you.

President Korb: John?

John Stoll: Then, next, here again on Baseline Road, in conjunction with the right-of-way acquisition on the Rexing right-of-way parcel, the property owners requested that the county reconstruct an earth berm alongside the project to prevent the backwaters of the ditch from flooding out in his field. So, I’ve written a letter for your signatures to state that the county would provide that berm in conjunction with the right-of-way acquisition. The berm would be roughly three to four feet high. On the basis of what the right-of-way buyers have said, this should help in securing that right-of-way parcel. So, I just need your approval on the letter.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: Next, I have a street acceptance request for Chadwick Place Subdivision. This is 146 feet of Parmely Drive, 1,331 feet of AJ Drive, and 145 feet of Natalie Drive. They’re recommended for acceptance.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: Next, I have a street plan approval request for Section Two of Waterford Place Subdivision. This is located out in the area bounded by Columbia Street, Burkhardt Road and Vogel Road. These road plans provide extensions of Kimber Lane, and also of Waterford Boulevard. This is the road plan I e-mailed to you, I believe, last week, where it has a roundabout at the end of the Waterford Boulevard intersection. We’ve reviewed the street plans and would request approval of the street design.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: Then, next, I also have another street plan approval request. This is for an extension of Metro Avenue and Korressel Court Subdivision. This extension of Metro is just a short cul-de-sac extension. It’s off the dead end of Metro that runs north off of Vogel Road. It will be a concrete street with curb and gutter and I recommend approval of those street plans as well.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: Then, next, I have a right-of-way purchase offer approval request for parcel 15 on Cross Pointe Boulevard. This is for an offer amount of $11,700. This parcel is still on-going, it was originally intended to be donated. It’s at the northeast corner of Columbia and Cross Pointe. We’ll still if we can get it donated, but if it can’t be donated, at least now we’ll have a firm appraisal and could proceed to condemnation if we can’t secure it otherwise. So, I request approval to make that offer.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: Next, I have all the Mylar, not all the Mylar, but several of the Mylar cover sheets for the Green River Road plans. This covers the road plans for Lynch to Heckel, the bridge plans for Pigeon Creek, and I believe there’s one other Mylar and I’m drawing a blank on which one it is, but I need the Commissioners signatures on the Mylars.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. John, real quickly, your anticipating when releasing those bids for Green River Road?

John Stoll: Based on the schedules I e-mailed you last week, we’re hoping we can still be in a position to open bids on October 7^th. We still have a number of right-of-way issues to deal with, and if we bid the project in September, there will have to be special provisions in the contract outlining which parcels the contractor can’t get on until notified by the county. I believe there’s six parcels out there that are affected. We also have some environmental permits to still secure. But, the plan, the design of the plans is winding down, so with those conditions in the contract, we should be on target to still be out for bid some time in September with bid opening in October.

President Korb: Great. Are we in a position to start moving for condemnation on the properties that are hold outs at this point?

John Stoll: I’ve been working with the County Attorney’s office on some of those, and if we can’t come to terms on them here shortly, yes, condemnation would have to be filed.

President Korb: Okay. Great, good. Thank you. The next, and last, item, I think.

John Stoll: The last item is a time extension request on the Old State Road culvert replacement project. This is contract number VC08-06-01. The contractor is BMB, Incorporated. They’re requesting a four day extension to make the new completion date August 14^th. They’re requesting the extension on the basis of delays associated with a gas main relocation.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: That’s all I have.

President Korb: Great.

Commissioner Nix: That Rule 13, does he want to?

President Korb: I’m sorry.

Commissioner Nix: Number nine there, did you address that, John?

John Stoll: The Burke contract?

Commissioner Nix: Yeah.

John Stoll: That was in the list of the contracts you previously approved.

Commissioner Nix: Okay.

John Stoll: As well as the Bernardin Lochmueller supplemental.

Commissioner Nix: Sure.

President Korb: No problem. Thanks, John. Appreciate it.

President Korb: Next we have board appointments. The first one is for the Old Courthouse Foundation, we have two approvals, one is Nancy Drake and the other is David Rector. I need a motion for approval, please.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Congratulations to Dave and Nancy. You’ll be receiving notification in the mail, or confirmation of this. Finally, we are mandated by the State to add someone, a non-voting member to the Redevelopment Commission. It needs to be a School Corporation Board member. The name of Chris Kiefer has been given to us by the President, which is Mike Duckworth. What I need to have is a vote, yes, or, I’m sorry, a motion to accept this please.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. Mr. Duckworth, I’m going to put you in charge of telling Mr. Kiefer that congratulations are in order. I know that he’ll appreciate that effort on your part.

Commissioner Nix: Or condolences.

President Korb: Yeah.

Mike Duckworth: First I have to notify him that he’s being considered.

President Korb: That’s great. Work on that for me, will ya? Let’s see here, Mike, do you want to come up and give us a department head report?

Mike Duckworth: Thank you, President Korb, Commissioners, ladies and gentlemen. Mike Duckworth, Superintendent of the Vanderburgh County Highway Department. At the last meeting I asked, and received permission to seek prices on the completion of phase two of the training room at the Highway Department Garage, to be paid out of Infrastructure funds out of the Commissioners budget. I received permission to do so. I have, in regards to that, received three bids, or three prices; $49,604 from ECI Construction, $51,500 from Jeffrey A. Koester and Sons Construction, and the final bid is $52,600 from Fulton Interior Systems. I would ask your permission to award that to ECI Construction at this time, in the amount of $49,604.

Commissioner Nix: I guess, just a comment on this particular project. This part of what we have been talking about and planning, I guess, for the last three and a half years. When Mike and I sat down three and a half years ago, we talked about some long range plans for the facility out there. One being an indoor storage facility for all the equipment, which we’ve got accomplished now. We’ve really cleaned up the shop area a lot. We’ve done some things inside there. I don’t know if you want to touch on the equipment that you’ve purchased since then, or in the last three and a half years.

Mike Duckworth: Well, and, of course, we’re at budget crunch time now, but over the past three years we’ve done hundreds of thousands of dollars of improvements to our equipment. Everything from a paver at $250,000, to rollers, to replacing vehicles, the old Sheriff vehicles with over 300,000 miles that were taking crews out to their work sites, and flow beds that make us more flexible in how we can spread aggregate and salt in the same day without going through all the hours of retrofitting. So, we’ve made an extreme amount of progress in that regards. This project here, as you said, would culminate many of those goals that would allow us to get all of our workers in the same room, which we do not have an actual area. It would give us an area for them to rest in the middle of the evening when they’re fighting snow or storms. It also would allow us to construct, or finish the construction of a female rest room, which has been needed in our shop area. So, I think this is a very warranted facility that was built, you know, close to 80 or 90 years ago, has needed this kind of a face lift. We’ve cleaned it up, and it’s getting there. So, we appreciate your consideration in this, please.

Commissioner Nix: I guess, your recommendation would be to take the low bid?

Mike Duckworth: Yes, of ECI of $49,604.

Commissioner Nix: Move approval.

President Korb: I second that motion. Discussion?

Commissioner Tornatta: Yeah, I think at a time when we’re worried about gas prices, and a time when we should probably look at how we spend our money, we’re spending it on the inside of a building that really doesn’t need that type of a face lift at this time. We’ve done a heck of a lot out there, at that Highway Garage, and everyone out there knows it. From the equipment, to the cars, to the other vehicles that they use for their maintenance, and those people have been well taken care of out there. My thought is, at a time when we’re going to ten hour workdays, we want to keep people on the road, not back at the shop. So, that’s twenty minutes in, twenty minutes out, half hour, forty five, an hour lunch. We’re not really accruing what we need to do with the ten hour workday. Unrestricted dollars in this Infrastructure fund should be going to more infrastructure on county roads and those things that are evident for our county. We’ve cut potholes, we’ve cut road work, yet we’re going to add to this Garage. This was not approved by the County Council. It was denied. You know, we have to work well with that County Council, and for them to deny it and for us to accept this is maybe not due diligence to our Council. So, I will vote no.

Commissioner Nix: I guess, just to, in all due respect, again, Commissioner, we don’t allow people to take breaks in there, unless they are working there. As far as them coming in from sites and stuff, they take breaks on the site. This would be an area where they have safety meetings, training, the women’s restroom is much needed, as Mr. Duckworth pointed out. This is, once again, this isn’t something that we just dreamed up in the last few months. This is something we looked at in a long term, for a long term plan, and this is basically the last phase of that long term, which we’ve looked at, like I said, for the last three and a half years.

President Korb: I think the other thing that’s important to understand is, and, again, with all due respect, Commissioner Tornatta, this is not a face lift. I mean, we do not have a women’s restroom in that facility right now.

Commissioner Tornatta: Yes, you do.

President Korb: It’s in the office area.

Commissioner Tornatta: It’s in that building. So, I mean, let’s state the facts as they are.

President Korb: Is it a dedicated restroom for the females only, Mike?

Mike Duckworth: Actually, there are two restrooms in the office area. One is more of a community restroom, men and women use it. One is in a bookkeepers office, and mostly females do use that restroom. But, I would think that Commissioner Tornatta’s comments in regards to this taking away from our fuel costs and those kinds of things, these funds do not directly affect, this is not a fund that we would use for fuel. Those funds come from wheel tax, excise tax, and gasoline tax that are fed into our county budget from those proceeds. This is a Commissioners fund that the Commissioners, in all due respect, make the decision on where to enhance the infrastructure. This facility is part of the county infrastructure. It needs attention. If not, it will get back into the condition that it was when we took over four years ago. If, you know, that’s a decision you have to make. I bring the information and plans to you. This is what I think needs to be done. I would ask you to consider it.

Commissioner Tornatta: It’s prioritizing money, and serving on the County Council for six years, I have every opportunity to know that it doesn’t matter where that money comes from, you either have enough money or you don’t have enough money. You get that money from different places to subsidize other parts of the budget. So, it does affect, at some point, how much gas money is in this budget. It does affect how many roads are paved in that budget. It’s all affected no matter where you get it from. My point is, at a time when we need to watch and make sure that we’re spending our money as wisely as possible, this is a great project, but it’s not great enough to do it at this time in a budget crunch. We’ve had Council people talk about not paying elected officials, and worrying about how we’re going to cut four and six and fifty thousand dollars out of a budget, yet we’re going to spend $50,000 on this room for an amenity in that building.

Mike Duckworth: Well, I can’t ever remember asking the Commissioners for anything out of an Infrastructure account for fuel, or for anything that would have to do with paving. I always went back to the Council in regards to those funds that came directly out of, as I said, the revenues that were put into the county coffers from wheel tax, excise tax, and gasoline tax.

Commissioner Tornatta: Uh-huh.

Mike Duckworth: The Infrastructure account is, has never, in the four years I’ve been there, has never been used for the general—

Commissioner Tornatta: But, you went back to the County Council, and there answer was?

Mike Duckworth: For what?

Commissioner Tornatta: You went back and asked for this project, and there answer was what?

Mike Duckworth: I put that in the budget as I did other requests, like other department heads and made the request.

Commissioner Tornatta: So, you didn’t go back to the Council and ask for an appropriation for this piece?

Mike Duckworth: Not out of this account no.

Commissioner Tornatta: Right, but you did go back and ask for an appropriation from the County Council?

Mike Duckworth: I could. Yes, I could.

Commissioner Tornatta: You could, or you did? Because I think it’s clear that you did ask for an appropriation, and they denied it.

Mike Duckworth: I don’t recall. I really do not recall. My thinking is this, is that this is discretionary money for the Commissioners. If they think that it’s important enough, if you think it’s important enough to do that, the majority of this council, then it can be used, legally–

Commissioner Tornatta: You’re absolutely correct.

Mike Duckworth: So, I bring it to you, because I feel that this project was started with $50,000 that was allocated by the Commissioners, initially, because it came from CCD funding, and I’m asking them to put, to help complete this project. Because, right now what we have sitting out there is a shell. They’ve committed the monies to start the project. I’m asking them to commit the monies to complete it.

Commissioner Tornatta: Right, but at the same time, when that money, those monies were committed, they were not, there was not a thought that there was going to be four dollar gasoline. There was not any thought that there were going to be those measures to take away from a project, which moves that project from an A project to a D, C and E project. So, it moves it down the chain because monies are tighter, therefore, we can’t do some of the amenity projects that we had once thought. That happens across the country, in business, everywhere. So, I think that this project is, in my opinion, it’s frivolous, it doesn’t accomplish anything in this county at this time, and it’s, no disrespect, and I know it’s thought as a disrespect to those employees, but we’ve cleared out that building and put trucks in a garage. We’ve done all this and paid for this. I mean, we have upgraded that garage and that area substantially. To think that because we’re going to hold this project out until we do have adequate dollars that are, that really are more devoted to that type of amenity, it’s kind of silly.

Mike Duckworth: As I understood it, and I’ll end my comments with this, is that that fund is utilized to assist in the restoration of county facilities. Now, could it be used for other things? I think that’s to the Commissioners discretion. I would just disagree with you on one thing, I do not think this is a frivolous project. I do think that it is very important to have an area where you can provide safety instruction, where you can hand out assignments, rather than do it in the middle of a loud garage where half your message gets out. I also think it’s very important to have a side area where females can go in privacy and not interrupt the inner office working area, coming in and out using the restrooms. So, I think with those things said, I’ve stated my reason for asking for the funding, I’ve followed the Commissioners direction in getting the prices, and I bring it to you today for your consideration.

Commissioner Tornatta: How many females do you have in that, on your crews?

Mike Duckworth: Well, we have two.

Commissioner Tornatta: Okay. That’s fine.

Mike Duckworth: I think we owe them the respect of having restroom facilities readily available for them.

Commissioner Tornatta: Okay.

President Korb: Well, I’m in total disagreement with Commissioner Tornatta. I don’t see this as being frivolous. I don’t see this as being an amenity. I see this as being something that’s necessary. I’m going to assume, I don’t know, how long ago was that first phase voted on, Mike, the past two or three years?

Mike Duckworth: Right.

President Korb: I don’t know, Commissioner Tornatta, did you vote yes at that time for that?

Commissioner Tornatta: I was on the County Council.

President Korb: Okay, and, so, you didn’t have any input in that decision, I’m assuming, because it wasn’t appropriated through Council money, but through Commissioner money.

Commissioner Tornatta: We’re talking different times.

President Korb: No, we’re not.

Commissioner Tornatta: Yes, we are. Yes, we are.

President Korb: I disagree with you on that.

Commissioner Tornatta: Back then you’re $1.25, $1.50 gas. Right now, you’re not. You’ve got other things that need to be done and the priorities shift, as it has shifted in your house, as it has shifted in the business, priorities shift because of times.

President Korb: I can’t believe that the training of employees with more complicated equipment and doing more things on the road than we’re currently doing, and also, whether you like it or not, if it’s two employees or one female employee, you have ADA responsibilities. If we had one handicapped employee, you would still have to make the same changes. So, at the same point in time–

Commissioner Tornatta: Are we compliant with ADA right now?

Mike Duckworth: I’m sure we are.

Commissioner Tornatta: That’s all I need to know.

President Korb: I guess–

Commissioner Tornatta: That’s a bad argument.

President Korb: That’s not a bad argument.

Commissioner Tornatta: It’s a horrible argument. It doesn’t address–

President Korb: How is that horrible?

Commissioner Tornatta: –the problem. We’re saying we’re not ADA compliant. We are ADA compliant. Ask the right questions.

President Korb: Let’s go ahead. Since I think we know where we all are on this.

Mike Duckworth: That’s fine, but let me ask one other question. So, are you telling me that when we run low on fuel, I should come back to this body and ask for you to fund our fuel account out of this Infrastructure account?

Commissioner Tornatta: That’s all, it’s all worked around in your budget, and it’s all done in a budget at the County Council. They didn’t even approve you to do this project.

Mike Duckworth: That’s exactly right. That’s why I came to the Commissioners to ask them for consideration out of a discretionary account that basically they can spend on any facility or anything that they deem necessary or important. That’s what I’m doing.

Commissioner Tornatta: And that’s fine.

President Korb: Commissioner Nix?

Commissioner Nix: Nope. I’m good.

President Korb: That’s all the questions, I need a motion.

Commissioner Nix: Motion to approve.

President Korb: I’ll second that motion. All those in favor say aye.

Commissioner Nix: Aye.

President Korb: Aye. Opposed same sign.

Commissioner Tornatta: Aye.

President Korb: The motion passes two to one.

Mike Duckworth: Thank you.

President Korb: Thank you.

President Korb: Any new business to appear before the Commissioner this evening?

President Korb: Any old business?

President Korb: Public comment?

Dave Reis: Dave Reis, Old Henderson Road. We had talked a couple of times before. We have a road, whether it’s a private, we found out that it is not a county owned road, and it does not have a right-of-way in it. We’ve, I’ve asked the council to try to decide what we’re going to do with this road. It needs improvements to it, if the county wants to make it a regular county road, update it. I don’t know what that would cost. If it’s not updated, I would like to see, well, I just need to know if the road is open, or you want to close it, or you want to fix it, what you want to do with this road, so we know what we’re going to do in the future.

President Korb: Well, my understanding, Mr. Reis, is the fact that that road is sitting on private property and county property. Is that correct?

Dave Reis: That is correct.

President Korb: Okay, my recommendation is going to be for us to fence that off so that it can’t be used as a road. You’ll have to have your own driveway. The other people will have to have their own driveway. My concern at this point is not to have encroachment or trespassing on county land, which has obviously been done. As we’re finalizing everything from Mr. Jeffers office, we’ve been able to site all the pins. We’re able to locate those things with GIS, and once that is all done, we’re going to come out and let both of you know, and I think it’s Mr. O’Hara, is that correct?

Dave Reis: Yes.

President Korb: The other property owner, and let you all know where you all are on (tape flip) for that. It’s up to you to do what you want to do on your own property. At this point in time, it’s not a road, it’s basically an alley. It is paved. There are not potholes that I’m able to see. It does not circle all the way around the O’Hara’s property, which is what they’re wanting us to do, I’m assuming, to make it a driveway for them. We’re not in the business of putting in driveways for people. So, at this point in time, to answer your question, we don’t know exactly what we’re going to do with it yet, because we haven’t dictated or decided what we’re going to do with the county land. Because I know for a fact the O’Hara’s are encroaching on county property, and there are going to have to be some things hauled off. I know for a fact that you have cleared some trees on county property without county permission. You’ve dug a hole on county property without county permission to burn in it. You know what, those days are over with. Those days will come to an end very, very quickly.

Dave Reis: That’s what we want. We need somebody down there, especially, all the pins have not been found, and I was told that to find all the pins, you’re going to probably have to get somebody down there to survey it, an actual surveyor. Because they were not able to find all the pins on my property adjoining your property.

President Korb: Well, we were able to find the pins that are on our property, and if you want to find the pins on your property, I’m assuming that what you’ll have to do is find a surveyor to do that. My understanding is from the Surveyor, Mr. Jeffers, is we know where the county property lines are at this point in time. So, we would be more than happy to get with you and let you know what that’s going to be, but, at this point in time, we have discovered the information that we need to give to the Sheriff so he can conduct his duties.

Dave Reis: Okay. Next thing, who will take care of the property? I have been taking care of it for three and a half years, cutting the grass, which that’s fine with me, it doesn’t matter. I don’t care if it’s four dollar gas or whatever, it makes my place look a little nicer down there. Will you continue, am I, can I continue cutting the grass? Or, do you want to send a crew down there every week, or every other week to cut it?

President Korb: That is yet to be determined.

Dave Reis: Okay. Since the road is, was not a road, in other words, whoever owned the property and wherever the road was, a trailer was taken off of a parcel of property, in fact, they had to go on private property to take it off. It was on some private property down there. I need to know when, what’s the county going to do about that?

President Korb: In what terms, sir?

Dave Reis: Well, getting the property back, or getting reimbursed for the property.

President Korb: Well, first of all there’s been no ownership declared with that piece of property. They have been trying to track the numbers of ownership, who actually owns that trailer, and they have not been able to find that out. That’s why it’s being held at the Hamrick lot, accumulating fees everyday that it’s sitting there. That trailer was sitting on county property. I apologize for the fact that they had to drive across your property to get to it, but it was on our property and it shouldn’t have been there. I don’t know if it’s your trailer, but, if it is, then I would encourage you to come up with some ownership papers that you have purchased it for a specific price, and we would be happy to give that trailer back to you.

Dave Reis: The trailer was, I know you guys aren’t getting along tonight, but you don’t have to take it out on me.

President Korb: I’m not.

Dave Reis: Jeff, the trailer was on my property.

President Korb: This has got–

Dave Reis: Okay, it was not on the county property–

President Korb: This has got nothing to do with us not getting along tonight.

Dave Reis: –as you say–

President Korb: Are you able to prove ownership?

Dave Reis: –so. I can show exactly where the trailer was. I have–

President Korb: Do you have proof of ownership of the trailer.

Dave Reis: It doesn’t matter.

President Korb: Yes, it does.

Dave Reis: You came on my property to take off a trailer.

President Korb: Do you have proper paperwork?

Dave Reis: Did you have the proper paperwork to take that trailer off my property?

President Korb: I want to say that the Sheriff had the authority to do that, yes, sir.

Dave Reis: I just need to know if you had the proper paperwork to take that off our property?

President Korb: I am going to assume that the Sheriff had the right authority to do that, or he would not have done that. But, again, if you’ve got the proper paperwork that says that you own that trailer, come get it. We would like to take it off of that Hamrick lot.

Dave Reis: Okay, well, there was also some other things moved from one lot to another. I need to know if the county will come down and also, you know, put the poles and stuff back that had come off my property?

President Korb: I’ve got no idea about what you’re talking about. Again, at this point in time, we were addressing the trailer. You’ve not adequately given me a yes or a no, so, I’m going to assume that means no, you do not have the correct papers to say you own the trailer. What we’ll wind up doing, to be honest with you, within the next two weeks or so, after we confirm everything with Mr. Jeffers and the Surveyors office, we’ll have the Sheriff come down, and everyone will know exactly what they’re supposed to be having, and where that’s supposed to be on the property. Again, if it’s on the county property, we will have it removed.

Dave Reis: I’m not worried about it. That’s fine. That’s what I want.

President Korb: Great.

Dave Reis: That’s what we wanted–

President Korb: Okay.

Dave Reis: –to have it removed.

Commissioner Tornatta: David, let me, I asked Ted about something, and, obviously, there’s a deal with DNR where we can’t sell the property.

Dave Reis: Right.

Commissioner Tornatta: And there’s an issue probably with leasing. Okay?

Dave Reis: Okay.

Commissioner Tornatta: But, there could potentially be a licensing of the property. Much like they do with hunting and what not.

Dave Reis: Uh-huh.

Commissioner Tornatta: Now, that would have to be at the discretion of this board, if that was a, you know, if that was voted that direction. But, I will have him check on that, and if there is opportunity, and it’s the wishes of this board that we would want to pursue that direction, we would then potentially get in touch with you and ask you if you would want to license a part or some of that land. And, if that were the wishes of this board, then you could do that at a certain price.

Dave Reis: That would be great. I just don’t want it to grow up like it was.

Ted C. Ziemer, Jr.: I just, I need to understand. Are you talking about cutting the county’s grass, or cutting your grass?

Dave Reis: Well, I cut my grass. I’ve been cutting–

Ted C. Ziemer, Jr.: No problem with cutting your grass.

Dave Reis: –the county’s property too. In fact, I cut it every week.

Ted C. Ziemer, Jr.: And, of course, you’re not–

Dave Reis: I have for the last three and a half years.

Ted C. Ziemer, Jr.: Okay, and, of course, you’re not required to cut county property, you know, cut grass on county property.

Dave Reis: Right, and, you know, if the county cut it, I wouldn’t be cutting it. But, if you let it grow up, okay, like it was, and then you get people going back down that road and start dumping, and I don’t know if you seen it when you were down there, Jeff, with the Sheriff, but there is asbestos roofing, a whole pile of it that somebody has dumped down there on the county property that nobody has cleaned up yet. That’s the county property, okay? We don’t want that asbestos going in our drinking water, because we’re all on wells down there. We care about, you know, I’ve made an investment in my property down there. And, I don’t want the county to own a, have a piece of land that they don’t care about, that they’re going to let it grow up, that people’s going to dump stuff on it. I want to take care of it. Just like you want your yard to take, be taken care of, or your neighbors yard to be taken care of. Because, Jeff, I’m sure you’d be the first one to complain if your neighbors yard got a foot and a half, you know, of grass and weeds. You know, because it makes your house look bad.

President Korb: And, I would.

Dave Reis: Bill, yours too, and, Troy, yours too. I’m the same way.

President Korb: But, I would also–

Dave Reis: That’s why I’ve been fighting for this project to get, to find out what we’re going to do. It doesn’t matter. If you guys want to make it a roadway, you can. If you want to shut it down, you can. Like I said, it doesn’t matter to me. But, you have done nothing on it. Okay? I shouldn’t say that. Yes, you have, okay?

President Korb: We’re getting ready to do something on it.

Dave Reis: Okay, and that’s all I want.

President Korb: Okay.

Dave Reis: You know, that’s all I want. You know, I don’t want anything special. But, you know, if it’s a right-of-way, just tell me. If it’s not, you know, tell me.

President Korb: It’s not a right-of-way. I know that already, and you know that already.

Ted C. Ziemer, Jr.: Do we know, no deeds to create a right-of-way for a roadway back there?

Dave Reis: No, no.

Ted C. Ziemer, Jr.: I mean, does your deed create a right-of-way?

Dave Reis: I own three pieces on there, and none of the deeds have any right-of-way.

Ted C. Ziemer, Jr.: So, if it’s a road at all, it’s simply a road because that’s the way it’s been used, period?

Dave Reis: Yeah.

Commissioner Tornatta: Uh-huh.

President Korb: And, it’s not county property. You know, Dave, here’s the thing for me. I don’t mind working with you, but I’m really tired of playing cat and mouse with you. For you to stand up here and to make it sound like that you’ve taken care of the property, and you’ve done a wonderful job and you’re property looks like it’s pristine and something ready to appear out of Southern Living, I’ve been there. What really bothers me is, as I’m looking from the road that you’re questioning, I’m able to see the farmers field, what a hundred or so meters away, clear vision, no trees. And, you’ve stood there and you’ve told me, oh, those were all just sapling trees when I took those out, because they were over brush.

Dave Reis: And, I’ve–

President Korb: Which is total garbage.

Dave Reis: –been told they were, if, I have pictures of it before I started–

President Korb: We’re not going–

Dave Reis: –I have pictures of it now. Now, you’re starting to assume that you know what you’re talking about.

President Korb: I’m just looking at (Inaudible. Talking over each other.)

Dave Reis: I know where– (Inaudible. Talking over each other.)

President Korb: (Inaudible.) On the left, and I’ve seen (Inaudible. Talking over each other.)

Dave Reis: For the last three and a half years– (Inaudible. Talking over each other.)

President Korb: I’ve seen (Inaudible. Talking over each other.)

Dave Reis: – I have taken care of this, Jeff. But, I’m not asking, all I’m asking is you all to make a decision.

President Korb: We will, and we will.

Dave Reis: Okay?

President Korb: And, we’ll let you know what that is.

Dave Reis: And then, but, don’t threaten, don’t have the Sheriff’s Department threaten me because I’m going over to my other lot and cutting grass, and they say I’m going to get arrested for it, because you can’t do that.

President Korb: I don’t think that they told you that.

Ted C. Ziemer, Jr.: Excuse me, why would you get arrested for cutting the grass on your lot?

Dave Reis: That’s what I would like to know.

Ted C. Ziemer, Jr.: Well, I mean, I don’t think you will.

Dave Reis: Would you like, I don’t want to discuss it–

Commissioner Tornatta: He’s a partner, his name is not on the sheet.

Dave Reis: Is not on the deed.

Commissioner Tornatta: On the deed.

Dave Reis: So, the Deputy Sheriff in question said, look–

Ted C. Ziemer, Jr.: So, then who’s lot is it, if your name is not on the deed?

Dave Reis: It’s my business partner’s lot. Well, it’s ours. We both own it, but I don’t have my name on it yet.

President Korb: Well, that’s a problem, for you.

Ted C. Ziemer, Jr.: Well–

Commissioner Nix: If he’s got permission.

Commissioner Tornatta: Yeah.

Ted C. Ziemer, Jr.: –I mean, no, the owner of that property can give you the right to cut your grass. I have somebody that comes and cuts my grass, and I give them the right to come on my property and cut grass.

Dave Reis: I would like to approach, and I would like to show you these two documents.

President Korb: There’s no reason to right now, Dave.

Dave Reis: Well, okay–

President Korb: Because–

Dave Reis: –I have two documents right here, since you don’t want to take the time to look at them, that told, that basically had told whoever is concerned that since Greg Cooke is the owner on the deed, okay, that I lease that property and I could mow it or whatever.

President Korb: Okay.

Dave Reis: When I gave this to the Deputy Sheriff Thursday, she said it wasn’t notarized.

President Korb: Is it notarized?

Dave Reis: No.

Ted C. Ziemer, Jr.: And it doesn’t need to be notarized.

Dave Reis: And she says if I got on that property, I would be arrested. Now, you know why I’m upset.

President Korb: Are you crossing county property to get to that property?

Dave Reis: Well, you see, I never really know, because up until tonight–

President Korb: Dave?

Dave Reis: –that roadway was supposed to be open.

President Korb: Dave?

Dave Reis: You know that.

President Korb: Are you crossing the county property to get to that lot?

Dave Reis: I don’t have to.

President Korb: Okay, but are you?

Dave Reis: Sometimes I do.

President Korb: Okay.

Dave Reis: Well, actually, I, to get to the other lot, I have to go around my neighbors. So, no, no.

President Korb: We will wrap this up with the Sheriff and also the Surveyor’s office, and you all will know very black and white what can or cannot be done.

Dave Reis: Okay, that’s all we want.

President Korb: That’s what you’re going to get.

Commissioner Tornatta: Just give him a date.

Dave Reis: Yeah, can you give him a date?

President Korb: Um, sure, before the next Commissioners meeting.

Dave Reis: Oh, that would be great. That’s plenty.

President Korb: Okay.

Dave Reis: That’s very reasonable.

Commissioner Tornatta: That would be the 19^th.

Dave Reis: Okay.

Commissioner Tornatta: We would know on the 19^th that decision will be made, correct?

President Korb: I’ll put it to you this way, we will have done some homework on it. We’ll have a much better feel for where we are with it. But, for us, we had to figure out who owned what, and we feel like we’ve got a pretty good handle on that at this point in time.

Dave Reis: No, that’s fair. That’s, I’m not here to, you know, you guys are doing your job. I just, you know, you’ve got to take–

Ted C. Ziemer, Jr.: Mr. Reis? In the end, you are allowed to do anything with your property that you want to do with it, as long as it’s not a violation of a county ordinance.

Dave Reis: Right.

Ted C. Ziemer, Jr.: Someone else who owns, privately owns a piece of property down there can give you the right to come on their property to do whatever they want to authorize you to do. No one has given you any authority to come on the county property to do anything. That means also that you have no right to put things on the county property that, you know, are not the county’s. That’s what we’re going to sort out here. Now, the other issue is this roadway, and I’m satisfied that there is no deed creating a roadway back there.

Dave Reis: You are correct.

Ted C. Ziemer, Jr.: I don’t know when it started being used as a roadway, and I don’t think anybody else does. The county, it’s not a county roadway, so the county has no obligation to maintain it. If you want the roadway on your property, behind your property, it can stay there, but that doesn’t give you the right to cross over the roadway on to somebody else’s property, unless they want to give you the right to do that.

Dave Reis: That was the big thing. That’s what we needed to find out.

Ted C. Ziemer, Jr.: And, so, I’m not sure that we’re clear on yet who exactly owns what down there, but that’s what we’re trying to get resolved. Whether we’ll have all those answers by August the 19^th, I’m not sure. Certainly, anything that our office is supposed to do, we’ll know by that time.

Dave Reis: I appreciate it. Thank you for your time.

President Korb: Yep.

Dave Reis: Okay.

President Korb: Any other old business, or public comments to come before the Commissioners this evening? Seeing none.

President Korb: We have consent items we need to take care of, gentlemen.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. Motion passes. Meeting is adjourned.

(The meeting was adjourned at 6:02 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the July 15, 2008 Commission Meeting Minutes.

Used Vehicle Contract.

Settlement Agreement: Mary Hart.

J.E. Shekell: Estimate for Chiller Repairs: Old Courthouse.

Bernardin Lochmueller: University Parkway: August 2008 Update.

AMR Quarterly Report and Billing: Quarter Ending June 30, 2008.

Department Head Meeting Notes: July 15, 2008.

Employment Changes:

Health Department (1)              County Clerk (2)             Superior Court (3)

Auditor (3)                                 Prosecutor (2)                 County Assessor (5)

Circuit Court (1)                        Co-Op Extension (3)       Burdette Park (5)

County Highway (1)

Travel Requests:

County Assessor (1)                 County Clerk (2)             Health Department (5)

Auditor (2)

County Engineer: Pay Request No. 57: Green River-Burkhardt TIF Projects.

Legal Aid: United Way Budget Funds and Activity Report for June 30, 2008.

Surplus Requests:

Commissioners: Hillcrest Washington Youth Home: 10 surplus computers.

Commissioners: Vand. Co. Humane Society: 10 surplus computers.

Commissioners: Gilda’s House: 5 surplus computers.

Treasurer: Request to surplus 2 calculators and 1 printer.

Prosecutor: Request to surplus 1 desk, 1 table and 1 hutch.

Auditor: Barrett Law Lien Release: Oak Hill Barrett Law Project.

County Clerk: Monthly Report: June 2008.

Treasurer:

Monthly Report: June 2008.

Year-to-Date Report: June 2008.

Public Defender: Public Defender Commission Reimbursement.

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer

Those in Attendance:

Jeff Korb                                   Bill Nix                                      Troy Tornatta

Bill Fluty                                    Ted C. Ziemer, Jr.          Madelyn Grayson

Dave Rector                             John Stoll                                  Mike Duckworth

Dave Reis                                 Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Jeff Korb, President

Bill Nix, Vice President

Troy Tornatta, Member

(Recorded and transcribed by Madelyn Grayson.)