VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

AUGUST 21, 2007

The Vanderburgh County Board of Commissioners met in session this 21^st day of August, 2007 at 3:30 p.m. in room 301 of the Civic Center Complex with President Bill Nix presiding.

President Nix: Good afternoon. I would like to call to order the Vanderburgh County Commissioners, August 21, 2007. It’s exactly 3:30. I will start with introductions to my far right.

Marissa Nichoalds: Marissa Nichoalds, Superintendent of County Buildings.

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

Commissioner Nix: Bill Nix, Commissioner.

Commissioner Tornatta: Troy Tornatta, Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

President Nix: If you’ll join me in the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

President Nix: The first action item is permission to open bids VC07-07-01. This is a bridge rehabilitation of St. George Road over Little Pigeon Creek.

Commissioner Tornatta: So moved.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye. Mr. Ziemer, if you would.

President Nix: Next action item is Dave Elgin is here today from Four Rivers RC&D for an update.

Dave Elgin: Thank you.

President Nix: Good afternoon.

Dave Elgin: You will have in front of you a small handout of about four or five pages. The cover sheet explains a little bit about RC&D. The other thing I wanted to do was to cover a few of the things that are actively going on in Vanderburgh County through the RC&D program. One of these is the Clem Franks property, that’s West Terrace Neighborhood Association. We’ve had ownership of that property for a number of years and we’re working with the United Neighborhoods of Evansville, trying to do some improvements and expansion. That’s something that’s actively going on. Scott Township Park, we had a partnership of a local committee, a steering committee, and a grant from Toyota, we’d done some work helping them develop the park, put in a shelter house. There’s information on that. Another project we came before you a year ago was about the Big Creek water quality project. That’s an on-going two year project. We’re actively in that now doing the water study. Your County Surveyor and his crew have been very helpful in Vanderburgh County. That project will finish up in ‘09. Something new is RC&D has some land over on the Little Pigeon. We’ve entered into a partnership with the twin bridge chapter of Waterfowl USA, that’s stationed here in Evansville. They’re going to manage and help direct that project. So, those are kind of four of the highlights. I would also like to introduce Priscilla Kelly, she’s our president of the organization.

Priscilla Kelly: Good afternoon, and thank you very much. I’m really here to thank you for your support. Each year we come before you or we submit a bill for $300 for dues in order to support Four Rivers RC&D. You’ve been very faithful, and we appreciate it. I just want to tell you what kind of return you get for your $300. In 2005 and 2006 RC&D provided Vanderburgh County with $33,000 for the $300 contribution you made to us and to support us. I ask for your continued support. For the tri-county, or Southwest Indiana it amounted to $540,000. So, $300, we try to stretch your dollar. I thank you for your time.

President Nix: Thank you.

Commissioner Tornatta: Thank you.

President Nix: Questions?

President Nix: Next action item is Sheriff Williams is here today to speak to us on the Information Technology Advisory Board. Sheriff, good afternoon.

Eric Williams: Sheriff Williams. Good afternoon. Seeing how your agenda looks like it could be a short meeting, I’ll skip the two hour presentation on ITAC, and go with the–

President Nix: Thank you very much.

Eric Williams: –one minute cliff notes. How’s that? This is part of your regular, you want an update on the boards and commissions and organizations that you appoint people to. ITAC, which stands for Information Technology Advisory Committee, we meet monthly. Right now I currently serve as the commission. To give you a couple of highlights of things that are going on, we currently have three committees formed, basically they are; the standards, which also includes budget and refresh. We also have the addressing and the policy committees. I’ll give you a little bit about each one of those; standards, budget and refresh are basically committees set up by the people that are participating in ITAC, which are various office holders and department heads from both city and county government. Their job is to review budgetary items to take to the various councils about technology needs within city and county government. They are also working on standards so that it makes it easier for a department head or an office holder to select equipment or things that they need that are IT related, so that there’s a set of standards that you look for. The other, one of the other committees is addressing. It sounds like an odd committee to have in ITAC, but addressing is a committee that is made up of many people within city and county government working to finalize a protocol or a standard for the addressing of homes, residences, businesses out in the county and in the city, so that everybody is using the same formula and format, which serves lots and lots of purposes. Everywhere from sending of tax bills to assessing to providing emergency services and locating homes and residences in a consistent fashion. So, that’s a pretty important one, and I think they’re going to be finalizing a proposal yet tomorrow. The last one is policy. The policy committee is made up of the same various groups of people to develop policies for use within city and county government when it comes to use of your computer, your IT, your data, communications and those kinds of things. I would tell you that ITAC is serving a purpose. It is an excellent forum for office holders, department heads and other concerned people to come forward, express ideas, express opinions and share thoughts and plans. The ITAC allows many people to sit down and hear what else is going on in city-county government that may be able to help their department or office head too, allowing us to maybe gain some synergy from working together on some things. It’s also a regular opportunity for everybody to hear from the CIO of the city-county, Matt, to come and make presentations about the activities going on. Again, it’s a good committee. We’re glad to be meeting on a monthly basis, and if you ever have a question, don’t hesitate to ask. How was that for the cliff notes version?

President Nix: That was pretty good, Sheriff.

Eric Williams: Alright.

President Nix: I guess, just for public information, we have 31 members on that ITAC, is that correct?

Eric Williams: It’s a very large board.

President Nix: Yes. We need a bigger room to house everybody.

Eric Williams: We’re bursting at the seams. It’s a popular one. It has very good attendance. I think we’ve all realized, and it becomes apparent when they don’t work, but we’re all slaves to our computers. So, everybody takes computers and technology very seriously, and wants to have a hand in the discussion on the future and where their computer technology is taking them.

President Nix: Yes, and this is a city and county collective–

Eric Williams: It is a city-county joint board appointed by, there are several people that are there by virtue of their offices, and then the Mayor has appointments, you have appointments, Council has appointments. Like I said, it’s usually a well attended meeting.

President Nix: Questions? Thank you, Sheriff.

President Nix: The next action item is, I guess, a tribute to a soldier that is from Vanderburgh County that gave the ultimate last week, William Powell-Kerchief died last Wednesday in Balad, Iraq while serving his first tour of duty. His mother, Linda Kerchief, is an employee in the County Clerk’s office. Kerchief was a 2005 graduate of Reitz High School and was 21 years old. I would like to have a moment of silence for Mr. Kerchief.

(A moment of silence was observed.)

President Nix: Thank you. Also, at the request of family members, they’ve asked that we look at lowering the flags to half mast starting tomorrow, or, excuse me, Thursday through the day of the service. I will entertain a motion for that.

Commissioner Tornatta: So moved.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye. And, services right now are pending. I guess, if we can just look in the paper over the next couple of days, the newspaper will have that, when the services will be. But, like I say, our thoughts and prayers go out to the family of this young man that was killed in action.

President Nix: The next action item is first and final reading on amendment to county ordinance CO.08-07-010. This is concerning purchasing policies and rules. Mr. Ziemer, do you want to address this?

Ted C. Ziemer, Jr.: The county ordinance mirrored the state statute regarding limitations on purchases and the requirements for various purchases at various dollar levels. The state statute was changed to increase those levels, in some respects. So, this ordinance will amend chapter 2.25 to make it be in accord with the state limitations. If we didn’t do this, the county can set stricter limitations than the state does, and if we didn’t do this, we would be operating under the old limitations instead of the new ones.

Commissioner Tornatta: Motion to approve.

President Nix: I guess–

Ted C. Ziemer, Jr.: Excuse me.

President Nix: –first off–

Ted C. Ziemer, Jr.: Excuse me, we first need, you’ll need a motion to waive second reading of this ordinance.

Commissioner Tornatta: Okay. I make a motion to waive second reading.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye.

Ted C. Ziemer, Jr.: You will need a roll call.

President Nix: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Nix: And I vote yes. It passes.

Ted C. Ziemer, Jr.: Now, move to pass the ordinance.

Commissioner Tornatta: Motion to pass amendment to the county ordinance CO.08-07-010, concerning purchasing policies and rules.

President Nix: And, I second. I’ll call for roll call. Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Nix: And, I vote yes. It passes.

President Nix: Next action item is contracts, agreements and leases. The first one is Mercy Ambulance/AMR addendum.

Ted C. Ziemer, Jr.: Excuse me, do you want to do this bid?

President Nix: Oh, you’ve got it ready? That’s fine.

Ted C. Ziemer, Jr.: Sure. We only had one bid, it’s from Ragle, Inc., this is a bid for the bridge rehab of St. George Road over Little Pigeon Creek. There is one bid from Ragle, Inc., and the bid amount is $313,292.97.

Commissioner Tornatta: Motion to take under advisement.

President Nix: I second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye.

President Nix: Mr. Ziemer, contracts, agreements and leases, Mercy Ambulance/AMR addendum.

Ted C. Ziemer, Jr.: There was a difference of opinion that developed between AMR and Scott and Armstrong Townships and the Town of Darmstadt relative to the services to be provided by AMR in those townships, and also relative to the pre-arrival/post-dispatch instructions that would be given for calls that initiated in those three areas; Scott, Armstrong and Darmstadt. We prepared an addendum to the main agreement of AMR, which will address these problems and solve the problems. It has been approved by Mercy Ambulance doing business as AMR, it has also been approved by the Scott Township Trustee, and the chief of the Scott Township Volunteer Fire Department, and I find it satisfactory for execution, should you decide to approve it.

Commissioner Tornatta: I make a motion to approve.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye. Vanderburgh County Health Department, PRI renewals.

Ted C. Ziemer, Jr.: This is, really it’s like a purchase order, but it constitutes an agreement, and it’s for the acquisition of certain computer equipment by the Health Department. They are making this acquisition under a State of Indiana QPA, that is a contract entered into by the state with this particular vendor, and in that case we’re allowed to use the same pricing that the state used without any bidding for the project. I find that agreement satisfactory for execution from a legal perspective.

Commissioner Tornatta: Motion to accept.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye.

Ted C. Ziemer, Jr.: In connection with the reacquisition of 5000 Bayou Creek Road, in discussing that with the property owners who are reconveying the property to the county, we were advised by the Indiana Department of Homeland Security that we could grant a one year permit for them to use the property subject to all of the restrictions that are on that property. So, they’re conveying the property back to the county, they will no longer pay any real estate tax on the property. They are recovering the purchase price they paid for the property and we’re giving them the right to use it for one year. They could apply for the right to use it for another year, when next year rolls around, and that will be up to the Commissioners at that time, if they want to issue a permit. We recommend that you approve this.

Commissioner Tornatta: Do we know what the use is going to be? They have to get a (Inaudible), don’t they?

Ted C. Ziemer, Jr.: The permit, Commissioner Tornatta, has numerous restrictions on the use of the property, and I think they’re going to use it to have picnics. But, they cannot use it for anything that’s prohibited by the document.

Commissioner Tornatta: Okay, okay. So moved.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye. Burdette Park land purchase. Excuse me.

Ted C. Ziemer, Jr.: I’m sorry.

President Nix: That’s alright.

Ted C. Ziemer, Jr.: As you know, you previously authorized the purchase of 30 acres adjacent to Burdette Park at public auction. That was done, and the purchase price was $120,000. There was a $17,250 down payment at the auction, leaving a balance due at the closing of $102,750, which will take place Thursday afternoon of this week. In addition there are expenses in connection with the closing, the title insurance and so forth of $698. Claims have been prepared to obtain a check from the county for the balance due of $103,000, no, for the total balance due of $103,448. In connection with the closing, there is a driveway, you remember there was a 35 acre parcel, a five acre parcel and a 30 acre parcel. We bought the 30 acre parcel, the driveway runs back only to the five acre parcel which is adjacent to the 30 acre parcel. The owners of, the buyers of the five acre parcel have agreed to grant an easement to the county to use that driveway to get to the 30 acre parcel, subject to an agreement on the part of the county and those purchasers to share in the cost of maintaining the driveway. You have a well access and maintenance easement in front of you today to accomplish, no, excuse me, you have a driveway, an ingress/egress easement in front of you today to accomplish that. In addition, there is a well located about a hundred feet off the five acre property, on the county’s property, the county’s 30 acres. The well serves the home on the five acre piece of property, so, we’ve arranged, subject to your approval, to grant an easement, 20 feet wide running from the driveway about 110 feet back to where this well is located, so, that the people in the house can get back and forth to the well to maintain the well. You have a document called a well access maintenance agreement, which would accomplish that. We recommend the approval of those two documents.

Commissioner Tornatta: So moved.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye.

President Nix: The next action item is the department head reports. Ted, do you have anything else at all?

Ted C. Ziemer, Jr.: No.

President Nix: Okay, if not, John Stoll, I believe you’ve got a few things today.

John Stoll: First I have a street acceptance request for Camden Farms subdivision. This is for 1,286 linear feet of Cayes Drive, 142 feet of Windemere Drive, 364 feet of Pinell Court, 233 feet of Anguilla Court, 233 feet of Marcel Court. It’s recommended these streets be accepted for maintenance.

Commissioner Tornatta: So moved.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye.

John Stoll: Next I have a street acceptance request for section 6C of Cross Pointe Subdivision. This is for 874 linear feet of Columbia Street.

Commissioner Tornatta: So moved.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye.

John Stoll: Then, next I have a storm sewer acceptance request for section seven of Stone Creek Subdivision. This is for 243 feet of 12 inch pipe, 249 feet of 15 inch pipe, 449 feet of 18 inch pipe, 249 feet of 24 inch pipe, and 18 feet of 30 inch pipe. The developer has paid the two dollar per foot acceptance fee for these pipes.

Commissioner Tornatta: So moved.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye.

John Stoll: The last item I have is a notice to bidders for the Bromm Road culvert replacement project. That contract would be VC07-08-01.

Commissioner Tornatta: So moved.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye.

John Stoll: With that approval, is it okay to go ahead and have the Auditor’s office advertise that?

President Nix: Yes.

John Stoll: That’s all I’ve got.

President Nix: Okay, thanks, John.

John Stoll: Thanks.

President Nix: Any other department heads.

Commissioner Tornatta: I would like to make mention, from our department head meeting that we did talk to the economic coalition, getting everything straight, the economic coalition does have a grant writer on staff, and, actually, that’s part of the monies that we do pay for certain services, and they’re looking to bring another one on board. So, I’m sure this will excite the County Council, but we’re going to pull our request for a grant writer at this time, and look to try and use the coalition to help us out, and then address that at a later date.

President Nix: Yeah, thank you Commissioner. Anything else?

Commissioner Tornatta: That’s it.

President Nix: Any other department heads?

President Nix: Is there any new business? Seeing none.

President Nix: Is there any old business.

President Nix: If not, is there any public comment? Any public comment?

President Nix: If not, I’ll entertain a motion to approve the consent items.

Commissioner Tornatta: Motion to approve.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye. I’ll entertain a motion to adjourn.

Commissioner Tornatta: So moved.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

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

CONSENT ITEMS:

Employment Changes:

Prosecutor (1)                           Sheriff Office (2)                       VCCC (1)

Circuit Court (5)                        Burdette Park (2)                      Commissioners (1)

Commissioners:

Approval of August 14, 2007 Commission Meeting Minutes.

EPD: Waiver of Centre Fees, Not O/T for 8/1-17

Building Authority: Jail Requisition No. 86: Jail Construction: $60,211.20.

Anthem Cumulative Fund Balance.

Evansville ARC Board Meeting Minutes: July 2007.

Evansville ARC Report of Activities: July 2007.

IBAP Gatekeeper Monthly Report: July 2007.

Bernardin Lochmueller & Associates: University Parkway Phases II & III Letter.

Department Head: August 14, 2007.

Weights & Measures: Monthly Report: July 2007.

Purchasing: Monthly Report: July 2007.

Treasurer: Monthly Report: July 2007.

Department Head Reports:

Burdette Park                           County Engineer                       Ozone Officer

County Highway

Those in Attendance:

Bill Nix                                      Troy Tornatta                            Bill Fluty

Ted C. Ziemer, Jr.          Marissa Nichoalds                    Madelyn Grayson

Dave Elgin                                Priscilla Kelly                            Eric Williams

John Stoll                                  Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Bill Nix, President

Troy Tornatta, Member

(Recorded and transcribed by Madelyn Grayson.)