VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

AUGUST 28, 2007

The Vanderburgh County Board of Commissioners met in session this 28^th day of August, 2007 at 3:32 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 Board of Commissioners of Vanderburgh County, August 28, 2007, and it’s 3:32. 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.

President 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: Good afternoon. We’ll start with the action items. Diane Clements is here today to discuss the Human Relations dinner. Good afternoon.

Diane Clements: Good afternoon. Thank you very much for considering me so soon on the agenda. As you know, my name is Diane Clements, and I am the Director of the City-County Human Relations Commission. We are going to hold our annual dinner on September the 14^th, which is on a Friday, and you may recall last year we did come before the Commission requesting that we use the Centre for this event. We are going to request ballroom A. There is a remote possibility that we may need the entire ballroom, but, as it stands, we are requesting the use of ballroom A for that Friday evening. I do have flyers so that you can see who our speaker is going to be. His name is Wade Henderson, the president and CEO of the Leadership Conference on Civil Rights. It’s going to be a wonderful evening for our community in terms of just fellowship and we’ll hear a wonderful civil rights message. Of course, we look forward to you being there with us.

President Nix: Okay. Any questions?

Commissioner Tornatta: Do we need a motion? On the waiving of the room fees?

Ted C. Ziemer, Jr.: We do, yes.

Commissioner Tornatta: Motion to waive room fees on ballroom A, or possibly B and C.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye.

Diane Clements: Thank you so much.

President Nix: Thank you.

President Nix: Next action item is a proclamation of Women’s Equality Day. Patty Avery is here today. Patty, do you want to say a few words?

Patty Avery: I am Patty Avery. I am one of the co-chairs of this year’s event. This is now our fifth year for Women’s Equality Day. If you’ll recall, the chair of the first two events was a County Commissioner, Catherine Fanello. This year we are now up to, we have over 260 RSVP’s. We’re very pleased. We have a terrific program planned. We’ll be focusing on women in the economy and what the forces of globalization are doing to our place in the economy, and what we can do to take charge of our careers. Of course, our on-going emphasis is getting women involved in the political process. It was a long, torturous process to get the right to vote, and we want women to take full advantage of all the doors that were opened to us when we got that right 87 years ago.

President Nix: Good, okay.

Patty Avery: Thank you.

President Nix: Thank you. Commissioner, if you would, would you like to read the proclamation.

Commissioner Tornatta: Sure. A proclamation of Women’s Equality Day 2008:

“Whereas, many decades of efforts by women and men were required to give women the right to vote; and, Whereas, 158 years ago the first women’s rights convention took place in Seneca Falls, New York; and, Whereas, the observance of August 30^th not only commemorates the passage of the 19^th Amendment, but also calls attention to the women’s continuing efforts toward full equality for all citizens, regardless of race or sex; and, Whereas, the women of Vanderburgh County are to be commended for their achievements and support in their organizations and activities. Now, therefore, be it resolved, the Vanderburgh County Board of Commissioners does hereby proclaim August 30, 2007 as “Women’s Equality Day” in remembrance of all those women and men who have worked to develop a more equitable community in which all people share burdens and benefits in truly equal partnership, acknowledging both the similarities and differences between women and men.”

President Nix: Alright. Do we want to go ahead and sign that now?

Commissioner Tornatta: Thank you, Patty.

President Nix: Thanks, Patty.

President Nix: The next action item is, Joe Vezzoso’s here from the Convention and Visitors Bureau for an update.

Joe Vezzoso: My name is Joe Vezzoso, and I’m the president of the Evansville Visitors and Convention Bureau. It’s always a pleasure to appear before the County Commissioners.

President Nix: Thank you.

Joe Vezzoso: In the packet I just gave you is collateral material that was put out by the Convention Bureau that represents a wide range of activities in Vanderburgh County, and also destination information. In the packet also is the 2006 annual report for your information. The Evansville Convention and Visitors Bureau is made up by seven commissioners appointed by all three governmental bodies in Vanderburgh County; the Mayor’s office, County Council and the County Commissioners. The County Commissioners have two appointments, the County Council has three appointments, and the Mayor, excuse me, two appointments, and the Mayor’s office has three appointments. We’re funding through the Innkeepers Tax, which currently....there, it wasn’t in well. We’re funded by the Innkeepers Tax, which we just recently increased to eight percent. Two and a half cents of every dollar that’s spent in hotel rooms and accommodations in Vanderburgh County goes for the promotion of Vanderburgh County, which is the literature that you have in front of you. Two cents of that dollar goes to offset the operating losses at the Centre, and the other one and a half cent currently goes into the Tourism/Capital Development Fund, which supports tourism related brick and mortar projects in Vanderburgh County. The new two cents that just has been approved, and the hotels are just starting to collect the first of September, will also go in the Tourism/Capital Development Fund. As I have spoken to you all, we do have a project in the pipelines that we feel will certainly increase tourism to Vanderburgh County. We are very pleased with the activities of the Bureau. We have had some issues this year with French Lick coming on line. We think that it has had a negative impact both on our hotel operations, and also on the casino operations. We do feel that as the year progresses and as we move into next year, that we are going to be able to overcome some of those objectives, and attract those people back to Vanderburgh County. The new possible sports complex that we’re considering, we feel that would be completed in 2009, would bring additional revenue to Vanderburgh County in huge numbers. You all have copies of those reports that we did earlier in the year. The current staff at the Bureau is working hard to try to offset the decline in occupancy in Vanderburgh County. Again, we hope that as we move forward we’re going to see that improve in 2008. If you would have any questions about the Bureau, its operations, I would be more than happy to try and answer them for you.

President Nix: Do you happen to know what the occupancy rate is right now in the hotels in Vanderburgh and the City of Evansville? I might have that here. I might have overlooked it, Joe.

Joe Vezzoso: No, I didn’t give you that.

President Nix: Okay.

Joe Vezzoso: The current occupancy for this year, county-wide, is 53 ½ percent. Compared to last year we were at 58.7 percent. So, we’re down about 8.9 percent for the year over year. But, we do feel that the last quarter of the year we should pretty well stay even with last year, and we hope to see improvement starting in January of next year. We do feel that it’s vitally important that we all look at the proposed project, because we think that that can help offset some of those losses as we move into 2009. French Lick has had an effect on Vanderburgh County. Until the newness wears off of that property, we’re going to see that negative effect both in the convention and also the leisure business.

President Nix: Thank you. Commissioner?

Commissioner Tornatta: I was just going to say this is the first time I’ve had a chance to look at some of this literature here, but it’s really outstanding. I mean, it’s eye catching and it’s something that people pick up. It’s really neat, and it really encompasses what we have going on here in the county and the city. So, thanks to the group for being able to provide that. It’s really nice.

Joe Vezzoso: Just so that you all know, we do have a grants program which we spend about $40,000 a year, and we help other organizations such as Burdette Park, the Zoo, the Reitz Home and other organizations that come to us to help print their collateral material. The materials that you have in front of you are strictly through the Bureau, and as you can see, we try to encompass everything within the county and also in the tri-state area to encourage people to come to Vanderburgh. It is good material. I mean, we spend a tremendous amount of money in the public relations side of the Bureau operation. But, you can see those are quality pieces, and when we go to trade shows, we’re right up there with the best of the other communities.

President Nix: Any other questions?

Commissioner Tornatta: No.

President Nix: Thank you, Joe.

Joe Vezzoso: Okay.

President Nix: Appreciate your time.

Joe Vezzoso: Uh-huh, thank you all very much.

President Nix: Appreciate what you do for the group too.

Joe Vezzoso: Well, I just want to let you know, we were certainly supportive and we’re glad that we were able to help out with the purchase of property out at Burdette Park, because we do feel that as we move forward in the years that property could become a very valuable asset to tourism of Vanderburgh County. So, it was our pleasure. Thank you for re-appointing me. I do appreciate that, and look forward to serving you as long as you would have me. Thank you.

President Nix: Thanks.

Commissioner Tornatta: Thanks.

President Nix: Next action item is permission to award VC07-07-01. This is a bridge rehabilitation on St. George Road. Mr. Stoll is here today to present that.

John Stoll: The recommendation is to award it to Ragle, Incorporated for the amount of $313,292.97. They were the sole bidder on the project, and all of their paperwork was in order, so, I would recommend that it be awarded to Ragle.

Commissioner Tornatta: So moved.

President Nix: I second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye. Thank you, John.

President Nix: The next action item is the first and final reading of ordinance CO.08-07-011. This is amending chapter 2.25.030D of the county code, purchasing policies and rules. Mr. Ziemer, I didn’t know if you wanted to address this at all.

Ted C. Ziemer, Jr.: No, this is just, we adopted an amended ordinance on August 21^st, and we inadvertently left out one change in the difference between what the State authorizes and what the county had, and this will correct that.

President Nix: Okay, is there any public comment on this? If not, I will entertain a motion.

Commissioner Tornatta: Motion to accept.

President Nix: Second.

Ted C. Ziemer, Jr.: No, you’ll have to have a motion first to waive second reading.

Commissioner Tornatta: Okay.

Ted C. Ziemer, Jr.: To which you need to pass unanimously, if you’re going to. Then you’ll need a second motion to adopt the ordinance.

Commissioner Tornatta: Okay, motion to waive the second reading.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye. This requires a roll call vote?

Ted C. Ziemer, Jr.: Yes.

President Nix: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Nix: And I vote yes.

Commissioner Tornatta: Now a motion to accept final reading of ordinance CO.08-07-011.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye.

Ted C. Ziemer, Jr.: Roll call.

Commissioner Tornatta: Roll call.

President Nix: Roll call vote. Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Nix: And I vote yes. It passes. Thank you.

President Nix: The next action item is public hearing/first reading of vacation ordinance CO.V-08-07-002, it’s Royal Oak Drive. This is a public hearing, so, I’ll entertain any public hearing, or anyone in the audience that would like to address this issue.

Jim Farney: Thanks, my name is Jim Farney. I’m with Bernardin Lochmueller. I have with me today Mr. Jack Cook who’s the owner of the property in question. Mr. Cook had purchased the property. It’s formerly known as Weslake Subdivision. It contains some six lots. He went through APC in an effort to replat the subdivision down only into three lots, so that he could get rid of some of the surplus right-of-way that was in the project. We’ve done that, we’ve gone to Area Plan, they’ve recommended it for approval. So, in order for us to be able to record that plat we have to do one last step and that is vacate the original road in this subdivision. So, that’s why we’re here today. If you have any questions, we would be glad to answer them.

President Nix: I have none. Is there any other public comment? Seeing none, I will entertain a motion.

Commissioner Tornatta: Motion to vacate CO, I guess, Royal Oak Drive.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye.

Jim Farney: Thank you.

Commissioner Tornatta: Thank you.

Madelyn Grayson: The final reading will be on September 11^th of that ordinance.

President Nix: Okay, thank you.

Commissioner Tornatta: Thanks.

President Nix: I guess, we need a roll call for that also?

Ted C. Ziemer, Jr.: Yes.

President Nix: For this being first reading. Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Nix: And I vote yes.

President Nix: The next action item is contracts, agreements and leases. Mr. Ziemer?

Ted C. Ziemer, Jr.: The first one is a sub-grant from the Indiana Department of Homeland Security. That would be in favor of the Vanderburgh County Emergency Management Agency, which is directed by Sherman Greer. The sub-grant is for $50,000. It is, in all respects, satisfactory for execution from a legal perspective. The grant requirements for reporting and so forth will be handled by Mr. Greer and his Emergency Management department.

President Nix: Questions? I’ll entertain a motion.

Commissioner Tornatta: So moved.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye.

Madelyn Grayson: Sherman needs to hand deliver this to Indianapolis tomorrow. So, can you sign it now?

President Nix: Sure. The next action item is an agreement with Pacific Telemanagement Services for pay phone services at Burdette Park. I would like to ask to see if we would table that at this time.

Commissioner Tornatta: Motion to table.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye. The next action item is Artwork Unlimited. It’s a lease agreement with the Old Courthouse. Mr. Ziemer?

Ted C. Ziemer, Jr.: This lease agreement is similar to the one we had with Artwork Unlimited last year. It is again for a one year term for an annual lease payment of $7,000. The actual exhibit, or the haunted house will be held from September 28, 2007 through November 3, 2007. The reason for making it an annual lease is so that Artwork Unlimited can store their props and so forth in the sub-basement of the Old Courthouse and work on those during the period when the exhibit is not being held. They agreed, this year, as in the past, under paragraph 27A of the agreement to have one night of the event when all proceeds will be paid to the Old Courthouse Foundation. That night has not been selected yet, but the Superintendent of County Buildings will work with Artwork Unlimited to select a night, and that will be filled in the lease when that night has been determined.

President Nix: Thank you, Mr. Ziemer. Any questions?

Commissioner Tornatta: Motion to approve.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

Ted C. Ziemer, Jr.: One final agreement, yes, it’s an agreement between the county, on behalf of the County Clerk and Standard Register Company for, it’s a software support agreement. The annual cost of the agreement is $1,104. The agreement does provide that it can be renewed annually, unless either party gives notice of intention not to renew at least 60 days prior to any annual termination date. Mr. VanCleave advises me that there are going to be some changes in the way the State of Indiana handles this. So, he anticipates it will be renewed for one additional term, in which case the $1,104 figure would be increased by four percent for the second year. Then he will give notice to terminate so that it doesn’t run beyond the second year. It’s satisfactory for execution.

Commissioner Tornatta: Motion to approve.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye. Mr. Ziemer, do you have anything else?

Ted C. Ziemer, Jr.: I do not.

President Nix: Thank you.

President Nix: Department head reports. Any department head reports at this time? Mr. Stoll?

John Stoll: I have some additional right-of-way offers on the Green River Road project. The owners names and the amounts are as follows; parcel six, Keystone Homeowners Association, $6,000; parcel 15, Haury, $15,500; parcel 21, Arvin, $1,700; parcel 23, Hussman, $17,500; parcel 30, Drake, $21,300; parcel 35, Schuetter, $8,900; and, parcel 37, Kendall Development, $350. All those offer amounts are based on the appraisals. So, I would request your approval to make those offers.

Commissioner Tornatta: So moved.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye.

John Stoll: Then, next, I have a claim for BMB, Incorporated for the Aabel Park Barrett Law project. It’s in the amount of $136,792.25. The only reason it’s not on the consent agenda, we didn’t get all of the paperwork put together until after the deadline. So, otherwise it would have been a consent item, but I would request approval of that claim.

Commissioner Tornatta: Motion to approve.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye.

John Stoll: Then, last, I have a street acceptance request for section 6B of Bridlewood Subdivision. This is for 156 feet of Wayland Drive, 817 feet of Wayland Court, and 140 feet of Bluff Stone Drive. The streets were constructed properly, and it’s requested they be accepted for maintenance.

Commissioner Tornatta: Motion to accept.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye.

John Stoll: That’s all I have.

President Nix: Thank you, Mr. Stoll. Are there any other department head reports?

President Nix: If not, is there any, or, excuse me, we do have one board appointment. This is the levee board. I will entertain a motion.

Commissioner Tornatta: Mike Whicker wants to be put back on the board, so, I think that’s a good idea.

President Nix: Is that a motion?

Commissioner Tornatta: That is in the form of a motion.

President Nix: I second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye.

President Nix: Is there any new business?

President Nix: Any old business? Seeing none.

President Nix: Is there any public comment? Seeing none.

President Nix: I will entertain a motion to accept the consent items.

Commissioner Tornatta: Motion to add something to the consent items, and that’s the settlement of the Fred Wilson debt to Burdette Park.

President Nix: Along with the consent items?

Commissioner Tornatta: Along with the consent items.

President Nix: I’ll second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye. Opposed same sign. Thank you. I’ll entertain a motion to adjourn.

Commissioner Tornatta: So moved.

President Nix: Second. All in favor?

Commissioner Tornatta: Aye.

President Nix: Aye.

(The meeting was adjourned at 3:54 p.m.)

CONSENT ITEMS:

Employment Changes:

County Highway (3)                  Co-Op Ext. (1)                          Prosecutor (2)

Auditor (2)                                 Sheriff Office (4)                       County Clerk (1)

Travel Requests:                    Health Department (1)              Legal Aid (1)

Area Plan Commission: Local Update of Census Addresses Letter.

County Engineer: Pay Request No. 33: Green River-Burkhardt TIF Projects.

County Assessor: Surplus request: Ricoh color printer.

County Clerk: Centre Waiver of Fees/Not OT for Poll Worker Training.

Commissioners:

Department Head Meeting Notes 8/21/07.

Fred Wilson: Burdette Debt Settlement.

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer

Those in Attendance:

Bill Nix                                      Troy Tornatta                            Bill Fluty

Ted C. Ziemer, Jr.          Marissa Nichoalds                    Madelyn Grayson

Diane Clements                        Patty Avery                               John Stoll

Joe Vezzoso                             Jim Farney                                Others Unidentified

Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Bill Nix, President

Troy Tornatta, Member

(Recorded and transcribed by Madelyn Grayson.)