VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

DECEMBER 2, 2008

The Vanderburgh County Board of Commissioners met in session this 2^nd day of December, 2008 at 5:03 p.m. in room 301 of the Civic Center Complex with President Jeff Korb presiding.

President Korb: Good evening, ladies and gentlemen. It’s a little after 5:00. We’re going to go ahead and get started. Commissioner Tornatta is at a conference this week. So, he will not be joining us tonight. Introductions, please, on my right.

Marissa Nichoalds: Marissa Nichoalds, Superintendent of County Buildings.

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

Commissioner Nix: Bill Nix, County Commissioner.

President Korb: Jeff Korb, County Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

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

(The Pledge of Allegiance was given.)

President Korb: My understanding, we got an e-mail that we’re not having Drainage Board?

Commissioner Nix: Correct.

President Korb: So, this is it. Action items, the first action item is Evansville ARC quarterly report. Deidra, come on up. How are you this evening?

Deidra Conner: I’m great. It’s actually our semi-annual report.

President Korb: Oh, okay.

Deidra Conner: It changed from quarterly to semi-annual.

President Korb: No problem.

Deidra Conner: I have with me Jean White today. We actually, first, I’m Deidra Conner. I’m President of Evansville ARC. For those who maybe have not heard this before, just a little background on Evansville ARC. Evansville ARC was founded in 1954 by a group of parents who were in search of services for their children with developmental disabilities. Believe it or not, there was not special education services available in the public school system until the early 1970's. So, in the mid 50's, when parents had children at home with developmental disabilities, they needed a school for their children to learn. That’s how Evansville ARC was formed. Now, 50 years later, we’re very, very different. We now serve over 600 adults on a daily basis, over 125 children on a daily basis, and we serve a wide variety of needs for both children and adults. Our primary mission is pretty basic, to help people with disabilities live as independently as they possibly can, in the community. You guys heard a lot about our various services and how we do that, job services, independent living, skills development, developing opportunities for people to volunteer and have social interactions in the community. So, it’s pretty basic, we want people to live as independently as possible. Well, we have a new program that Jean is helping us with that is very closely tied to that mission. It is the development of a, the development of a self advocacy group, so that individuals learn that ultimate skill of being able to speak for themselves, and advocate for their needs in the community. Now we have two special guests with us, we’re happy to see Halie arrive. Jean White, here on my right, has been with Evansville ARC for 37 years. She had her 37^th anniversary yesterday. She’s kind of a legend at Evansville ARC. She started in the early 1970's as a teacher in the children’s programs. Very much as Evansville ARC has evolved and changed, so did Jean’s role at the agency. She’s pretty much done it all at Evansville ARC. So, she is a great advocate for individuals with disabilities and can really give a great picture of today versus 30 years ago. So, Jean is now our Special Projects Coordinator, and is heading up this self advocacy group. We have with us Halie Bruder, and Jean and Halie are going to talk to you about the self advocates program and why that is an important part of what we do. I think Jean is going to take a seat next to Halie.

Jean White: That’s right.

Halie Bruder: Hi.

President Korb: Hi, Halie. How are you this evening?

Halie Bruder: Fine.

President Korb: Good. Welcome to our meeting. There’s a red button there, Jean, if you would push that on the microphone. You shouldn’t–

Deidra Conner: I think Halie’s is on and yours isn’t.

President Korb: For those at Channel 9, they are at the far end of the podium. So, they got them, great. Good deal. Okay, Jean, it’s all yours.

Jean White: Alright. About 18 months ago a group met, 20 individuals from Evansville ARC, and decided to form a self advocacy group. Over the years we have seen the need for this, because originally people didn’t make their own decisions, they had to do what people told them to do. So, now, they are able to make decisions, where they live, where they go, what they do. So, we were glad to form a group. They named themselves the Southwestern Self Advocacy Group, or as they like to be known as SWAG. The name was chosen by the group. We do have two groups that meet, one meets out at ARC Industries, and one meets on Virginia Street. Ten members each. They have their own officers, President, Vice President and Secretary/Treasurer. We have one advisor, but I do have two assistants that assist, one of them being an interpreter for our hearing impaired person. So, at this time the group did develop and vote on a mission for their group. I want to read this mission, because this is what it’s all about. This is what their group means. This is why they formed. Their mission is this:

“We assist people with intellectual and physical challenges to speak up for themselves about their rights and to have their voices heard. Self advocacy is about standing up and letting people know how we feel about important issues in our lives. Self advocacy is a human rights movement, about being treated with dignity and respect. It’s about living in the community and having opportunities to be included with everyone else.”

They also chose three or four goals that they want to reach. We haven’t had the opportunity yet to assess some of these goals, but we will tell you about some of the things that they have done. But, the goals that they chose was this, to learn about the rights of people with physical and mental challenges, to sponsor public awareness and educational forums about community living, representation, agreements, government policies and so forth, and to connect with others in our area and in the rest of the world through computers, newsletters, and conferences. This is Halie, and Halie has recently been hired by the ARC of Indiana Network to represent our area as an advocate.

Halie Bruder: Southwestern District Seven.

Jean White: Alright, Southwestern District Seven. She’s a member of our self advocacy group. In fact, she’s the President of one of our groups. Halie, what is your position with ARC of Indiana, and what does this position entail?

Halie Bruder: Southwestern District Seven ARC of Indiana. I go around the state and I speak to people in nursing homes, their parents. Some of them are very mad because they don’t know what things (Inaudible). I talk to them about giving their parents, getting their children on the waiver.

Jean White: Uh-huh, on the Medicaid waiver program?

Halie Bruder: Yeah.

Jean White: Some of them may not be aware of this. She works with the transition from high school into the community. So, she goes, and will be going into the schools talking about this, and assisting them in getting on the Medicaid waiver program.

Halie Bruder: And Oasis.

Jean White: And Oasis, yes, tell them about the new funding source that we have from the state. How have you been advocating for yourself and others, Halie?

Halie Bruder: I evaluate accessibility to where I will actually take my (Inaudible) wheelchair and go around to the stores, make sure all the aisles and if the aisles are wide enough. I write letters.

Jean White: When you find something that’s not accessible, you write letters. Have you found any of those recently? Can you tell us about a couple of them?

Halie Bruder: Oh, yeah, Eastland Mall, Wal-Mart.

Jean White: Eastland Mall and Wal-Mart, they were not accessible to you?

Halie Bruder: I wrote them letters, to Eastland Mall, Wal-Mart, Casino Aztar–

Jean White: So, you’ve written several letters?                                             

Halie Bruder: Showplace Cinemas, Welborn Clinic, the Courier and Press about the movie Tropic Thunder because we don’t like being called “MR”, or mentally retarded. That is unacceptable language.

Jean White: Alright, so you objected to the language in that movie?

Halie Bruder: Yes.

Jean White: Have we written other letters to the Courier & Press about certain issues, Halie?

Halie Bruder: METS.

Jean White: Alright. What about METS? Do you remember?

Halie Bruder: Extending their weekend hours.

Jean White: Extending their weekend hours. Why is that necessary for some people, Halie?

Halie Bruder: So that they can do stuff on the weekends.

Jean White: Some of them have jobs and that’s their only way to get to work, isn’t it?

Halie Bruder: Yeah.

Jean White: Alright, what are some of the things that we discuss in our meetings, Halie? Some of the issue that come up in our meetings?

Halie Bruder: Well, this guy he has a unusually wide wheelchair, and he could not fit in his room. So, we asked to speak to the manager, and this girl got ten dollars stolen from her, because her–

Jean White: Did they do this, and was it resolved?

Halie Bruder: Yes.

Jean White: Alright. So, the guy that needed a larger room because of his oversized wheelchair, he got a room all by himself, didn’t he?

Halie Bruder: Yes.

Jean White: He could not have visitors in his room, he could not have all of his belongings in his room because their wasn’t enough room. So, you spoke to management and got a room all by himself. What other things have we done, Halie?

Halie Bruder: Voting, we’ve talked about voting. We’ve done bulletin boards with our rights on them, we’ve educated people about our rights, we were represented both at the State (Inaudible) and conferences of self advocates.

Jean White: Alright, what did we do for our legislators of this area and Indianapolis?

Halie Bruder: Filled up baskets with candy.

Jean White: We gave them goodie bags on what day?

Halie Bruder: Valentine’s Day.

Jean White: And they were delivered to each of them. They really appreciated them. We got some letters back, and that was really good that they appreciated that. We made posters, as you said, and we post those, don’t we, in our building. We let people know. We were represented at the recognition banquet in Indianapolis–

Halie Bruder: Yeah.

Jean White: –and they recognized the group as being a newly formed group. We also attended the state self advocacy picnic, and we attended two of the conferences. Halie goes for training twice a year for her training for her job. We appreciate the time that you’ve given to us to explain our program, and we appreciate Halie coming and helping us out.

President Korb: Halie, have you enjoyed your position at ARC?

Halie Bruder: Yes, I have.

President Korb: Good for you.

Commissioner Nix: Where are you from, Halie?

Halie Bruder: Evansville, Indiana.

Commissioner Nix: Okay, you’re a hometown girl, then, good.

President Korb: I got to watch her grow up at church. So, this is really neat for me to see that she’s got a position in the community like this. Congratulations, Halie, you’re doing a great job.

Halie Bruder: Thank you.

President Korb: You’re welcome. Keep it up. Jean, thank you very much.

Jean White: You’re welcome.

Deidra Conner: If I can just have two more minutes? First, it sounds like we need to add the County Commissioners to our Valentine candy–

President Korb: Yeah, what’s up with that?

Commissioner Nix: I think that’s bribery, isn’t it?

Deidra Conner: I apologize profusely for that. So, Halie, you need to make a note of County Commissioners need candy on Valentine’s Day. But–

President Korb: We won’t be here, but that’s okay.

Deidra Conner: And former County Commissioners. We’ll make a list later, but as I say at the end of every meeting, first of all, I’m really proud of Halie and Jean and they work that they are doing, because I cannot think of anything that evidences the progress we have made in this community any more than this.

Halie Bruder: And we would like to be included in some of your committees.

Deidra Conner: So, if you have a committee on diversity or disabilities, I know the Mayor’s office has called and they are looking for someone from the city side, but Halie is someone certainly to keep in mind.

President Korb: We do, we’ll pass that recommendation on.

Deidra Conner: That would be great.

President Korb: Yeah.

Deidra Conner: I think the work that they do is amazing. I think it ties in very closely to what our mission is, to help individuals become more independent in the community. But, as I close every one of our presentations here, I cannot express enough our appreciation for the on-going support of the County Commissioners and the grants that we receive through your budget. I know, I say this every single time I’m here, we could not do what we do without your support. We have had your support since 1964. It means more to us than I can express. Our successes are your successes, because the funding you give us helps us do things like this, and the transition program to help people move from high school to adult life. It helps us do those things that the state funding just isn’t enough to do. We are very proud of our partnership with the county. We’re very proud of the work that we do, and we really feel that without your support we would not be who we are today. So, thank you, thank you, thank you.

President Korb: It is our pleasure. You know this is something that we all take for granted until someone like Halie and your group comes before us. That’s why we appreciate it every, it should be every quarter instead of semi-annual, but that’s totally up to you.

Deidra Conner: We will come as frequently as you would like. I will extend the same offer I extend to anyone who is watching or to anyone sitting here, we love to talk about and show what we do. I’m sure Halie would be thrilled to give you a tour of ARC Industries or the training center on Virginia Street or to show you our children’s programs. So, you are welcome to call me, to call Jean White, to call Halie, we would love to have you come visit.

President Korb: Great, thank you very much.

Deidra Conner: Thank you.

Commissioner Nix: Thank you, Deidra.

Halie Bruder: Do I have my cards with me?

Deidra Conner: She does have her business cards, so we’ll drop some off for you.

President Korb: That would be great. Thank you, as a matter of fact we’ll use that to contact you in the event we need somebody to serve on the committee for disabilities and handicap. That would be great. Thank you very much. Thanks, Halie, for coming. Jean, you as well. Thanks, Deidra.

President Korb: We had on our schedule tonight to talk about rates for Burdette Park, the rental of spaces, but last week Evansville lost one of its fine leaders, and that’s Suzanne Nicholson. Susie was a personal friend of mine and just an incredible woman, and was a phenomenal force at USI and also in our community. So, out of respect for that, Steve Craig has asked for us to delay that until our next meeting, which is certainly not a big deal, and that’s going to be on the 16^th of December. Our condolences, of course, go out to Susie and to her family members as well.

President Korb: We do need to discuss permission to seek quotes on the commercial-industrial trending, VC-52-2009.

Commissioner Nix: So moved.

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

Commissioner Nix: Aye.

President Korb: Aye. Opposed same sign. The motion passes.

President Korb: We have the first reading of CO.12-28-021 , modification of speed limit ordinance, the ordinance that amends the county’s speed limit to add four parts of roads, Bromm, Dogwood, Kissel and Little Schmuck, requiring fixed speed limits.

Commissioner Nix: So moved.

President Korb: Second. Does that require a roll call vote?

Ted C. Ziemer, Jr.: Yes,

President Korb: Roll call vote is, well, first of all, all those in favor say aye.

Commissioner Nix: Aye.

President Korb: Aye. Opposed same sign. Commissioner Nix?

Commissioner Nix: Yes.

President Korb: Commissioner Tornatta is absent, Commissioner Korb votes yes. It passes for the first reading.

Commissioner Nix: The second reading will be on the–

President Korb: The 16^th.

Commissioner Nix: The 16^th?

President Korb: Yeah, we’ll get that taken care of then.

Commissioner Nix: Thank you.

President Korb: Next item, under contracts, agreements and leases, the county right-of-way encroachment agreement with Stonegate Estates Subdivision and Homeowners Association. My notes say that Mr. Ziemer will discuss. Ted?

Ted C. Ziemer, Jr.: Yeah, this is an encroachment agreement, there are various walls and buttresses and gates built at the entrance to the subdivision, some of which encroach upon the county right-of-way. Following usual county protocol for this, the developer has signed an encroachment agreement, which under the terms of which the developer agrees that if the right-of-way is needed by the county for any purpose, the developer will remove the encroachments from the right-of-way so the county can use it for its purposes. The developer has provided a certificate of insurance at the appropriate levels, and providing that the county would be notified 30 days prior to any modification or cancellation of that insurance. So, it’s acceptable for execution from a legal perspective.

President Korb: Great. Bill?

Commissioner Nix: Move approval.

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

Commissioner Nix: Aye.

President Korb: Aye. Opposed same sign. The motion passes. Next is a construction inspection agreement for Green River Road and Millersburg intersection between Clark Dietz and Vanderburgh County. John is not asking for approval, we’re just sending this on to INDOT for final review and approval at this point in time. Is that correct, John?

Ted C. Ziemer, Jr.: Yeah, I think, Mr. President, what we’re seeking is approval of the form of the document, and then the submission of the document to INDOT for final approval. Following that it will come back to the Commissioners for final approval and signature.

President Korb: That’s great. Good deal. Bill?

Commissioner Nix: So moved.

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

Commissioner Nix: Aye.

President Korb: Aye. Opposed same sign. The motion passes. The next agreement that we have on the agenda tonight is with the Health Department and with the American Red Cross for CPR training. This is an agreement to be entered into between the Red Cross and the Health Department for review of CPR training classes. The cost for the review class is $40 per student with a minimum of eight students. Bill?

Commissioner Nix: Move approval.

President Korb: Second. All those in favor say aye.

Commissioner Nix: Aye.

President Korb: Aye. Opposed same sign. The motion passes. The next item is the Health Department and the Xerox order agreement. This is, obviously, with the Health Department and Xerox to take care of their copying machine. Bill?

Commissioner Nix: Move approval.

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

Commissioner Nix: Aye.

President Korb: Aye. Opposed same sign. The motion passes. The next one is with the Health Department between the business associate contract with the Youth Care Center to be entered into on behalf of the Health Department. It’s a standard agreement that takes care of the kids in the YCC.

Commissioner Nix: So moved.

President Korb: Second. All those in favor say aye.

Commissioner Nix: Aye.

President Korb: Aye. Opposed same sign. The motion passes. The next item, Commissioners special use permits for Reis and O’Hara on Old Henderson Road. Item number one is use permits to be executed by the Commissioners and Gloria O’Hara allowing the O’Hara’s to use three county owned lots on Old Henderson Road. The county has received a check for $750 for three lots, at $250 per lot, and a certificate of liability insurance from the O’Hara’s. The second one is, let’s see, David Reis–

Ted C. Ziemer, Jr.: Well, he’s not here. I don’t think.

President Korb: Should we just vote on these individually, Counselor?

Ted C. Ziemer, Jr.: Let me, if I may–

President Korb: Absolutely.

Ted C. Ziemer, Jr.: – Mr. President, yes, as you’ve read, and this has been an on-going project, the county cannot sell, or otherwise permanently dispose of any of the property that it has down, that it received from Homeland Security down on Old Henderson Road, but we are permitted to grant one year use permits, under terms and details set by the county. The county determined that it would grant use permits for various lots on Old Henderson Road to owners of residences down there for a consideration of $250 per lot, and with the owner to provide a certificate of insurance showing a hundred thousand dollars of liability insurance. In this particular case, for the O’Hara’s, it was determined that the county was willing, if they met the standards, and this was decided at an earlier meeting, that the county would grant three use permits, one for each of three lots. Two south of the O’Hara property and one north of the O’Hara property. I can tell you that we did receive a check in the amount of $750 made payable to the Vanderburgh County Treasurer, which would be $250 for each of the three lots, and a certificate of insurance showing the required level, limits of insurance. I have here use permits for the three lots, which require the signatures of the Commissioners, to be attested by Bill Fluty, and then signed by the O’Hara’s. It might be, since they’re here, and, I think, we need Gloria O’Hara. Is Gloria here?

Ron O’Hara: No, she’s not here.

Ted C. Ziemer, Jr.: Okay, she is the one who has to sign these, because she has title to the real estate.

Ron O’Hara: I do have a Power of Attorney with me.

Ted C. Ziemer, Jr.: Do you have that with you?

Ron O’Hara: Yes.

Ted C. Ziemer, Jr.: Okay, if you could bring that to me please.

President Korb: Come on up, Mr. O’Hara.

Ted C. Ziemer, Jr.: Here are the three use permits. I believe, maybe we could go ahead and sign those now.

President Korb: Great.

Commissioner Nix: Do we need to vote on them?

President Korb: Yeah, let’s vote on the O’Hara’s first.

Ted C. Ziemer, Jr.: Well, excuse me, you did vote earlier to authorize this.

President Korb: Right.

Ted C. Ziemer, Jr.: All you’re doing today is signing the use permit.

President Korb: Okay.

Ted C. Ziemer, Jr.: So, I don’t think you need to take a vote. Let me see that. Okay, can I get a copy of this? Okay, that will be fine. Then, I’m going to have you sign as her attorney in fact here in just a second.

President Korb: Even though they haven’t signed it?

Ted C. Ziemer, Jr.: Yeah, sure, and then we can conclude the transaction and you can leave.

President Korb: Can you bring me up to speed? Mr. Reis, has he expressed an interest, do we know?

Ted C. Ziemer, Jr.: Mr. Reis expressed an interest to Commissioner Tornatta in having one lot, immediately south of his property. He was advised that if he presented himself to the meeting with a check for $250 and the required certificate of insurance, that we would have a special use permit for him. I do have that here today thinking that he might appear. I don’t think he has. So, he might.

President Korb: Okay. Great.

Ted C. Ziemer, Jr.: Okay, let’s see. Thanks, Madelyn.

Madelyn Grayson: Are you going to give this to him today?

Ted C. Ziemer, Jr.: Uh-huh.

Madelyn Grayson: Okay, I will need to get copies of that before you give it to him.

Ted C. Ziemer, Jr.: Okay. I want you to sign each of these, and I want to sign Gloria O’Hara by your name as her attorney in fact. So, maybe you can just go over there to the side and do that and then bring that back to me after you get finished. Then we’ll have to get a copy of it.

President Korb: So, Mr.--

Ted C. Ziemer, Jr.: In the meantime, we could go ahead, if you want to.

President Korb: So, Mr. Reis decided he only wanted one piece of property, not three?

Ted C. Ziemer, Jr.: That’s what I’m advised.

Commissioner Nix: Is that still effective? Can we still make that effective, if he, for some reason or another couldn’t make it tonight and wants to come to the 16^th meeting? I mean, that’s not a problem, is it?

Ted C. Ziemer, Jr.: I think we actually gave him through the 16^th to do that.

Commissioner Nix: That’s fine.

Ted C. Ziemer, Jr.: Okay?

President Korb: It doesn’t matter to me that we’ve left it open like that. I’m just glad he’s being reasonable, which is good. The next item we have on the agenda that we need to vote on is the Commissioners YMCA county employee memberships and county subsidy. This is an agreement with the YMCA for county employee memberships. Bill?

Commissioner Nix: Move approval.

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

Commissioner Nix: Aye.

President Korb: Aye. Opposed same sign. The motion passes.

President Korb: We’re on to department head reports. Mr. Rector, you’re not a department head, but we’ll invite you to come up since it’s your building.

Dave Rector: I get to go first then?

President Korb: Yeah, that’s great.

Dave Rector: Good evening, Commissioners. Dave Rector, Building Authority. A couple of things have come up over at the Centre that we need to address and request expenditure of F&B funds for. We have some leaking in and around the windows at the exhibit hall entrance from the caulking and the backer rod pulling away that we need to redress. We also have some cracking of the bulkheads inside that we need to cut some expansion joints in and respackle and mud and paint. Both of those are about $3,500, and would request permission to expend up to that amount to repair.

Commissioner Nix: And that would be taken out of F&B then?

Dave Rector: F&B, yes.

Commissioner Nix: I don’t have a problem with that, do you?

President Korb: I don’t have a problem with it.

Commissioner Nix: So moved.

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

Commissioner Nix: Aye.

President Korb: Aye. Opposed same sign.

Dave Rector: Thank you, gentlemen.

President Korb: You’re welcome. How is the jail coming along, the old jail?

Dave Rector: We’re almost done on the third floor. We hope to move to the second floor by the end of the week, first of next week. When I say done, I mean, by the steel cells being knocked out. We still have piping to remove, duct work to remove, the concrete curbs and concrete block walls. But, the steel cells are coming out and going better than I thought it would, quite honestly.

Commissioner Nix: No surprises, yet?

Dave Rector: I didn’t say that. It’s going better than I thought.

President Korb: Life is full of surprises. That’s great. Thanks, Dave.

Dave Rector: Thank you, gentlemen.

President Korb: Appreciate it very much. Safe travels going home. Other department heads in the audience this evening?

Ted C. Ziemer, Jr.: I have one.

Commissioner Nix: John’s coming up.

President Korb: John, come on up.

John Stoll: I’ve got a couple of items here. First is a change order on the concrete repair contract. This was in Ensle Place Subdivision off Heckel Road. This was contract number VC08-08-01, and the change order is for an increase of $15,313.16. The primary reason for the increase was there was extra concrete that had to be replaced that wasn’t originally anticipated, but I would request your approval of that change order.

Commissioner Nix: Move approval.

President Korb: Second. All those in favor say aye.

Commissioner Nix: Aye.

President Korb: Aye. Opposed same sign. The motion passes.

John Stoll: Then, next I have a couple of street acceptance requests. The first is for Stonecrest Subdivision, Section Eight. The request is for 487 feet of Trailstone Drive, and 325 feet of Rolling Meadows Drive. It’s recommended these streets be accepted for maintenance.

Commissioner Nix: So moved.

President Korb: Second. All those in favor say aye.

Commissioner Nix: Aye.

President Korb: Aye. Opposed same sign. The motion passes.

John Stoll: The next is for streets in Stonecrest, Section Nine. This request is for 476 feet of Cold Water Drive, 934 feet Crater Drive, and 151 feet of Rolling Meadows Drive. These are also recommended for acceptance.

Commissioner Nix: Move approval.

President Korb: Second. All those in favor say aye.

Commissioner Nix: Aye.

President Korb: Aye. Opposed same sign. The motion passes.

John Stoll: Then the last item is a storm sewer acceptance request for Stonecrest Section Nine. This is for 235 feet of 12 inch pipe that’s located outside of street rights-of-way, and 133 feet of 15 inch pipe that’s located outside street rights-of-way. The total fee the developer will have to pay, at two dollars a foot, will be $736. I would request your acceptance of those off right-of-way pipes.

Commissioner Nix: So moved.

President Korb: Second. All those in favor say aye.

Commissioner Nix: Aye.

President Korb: Aye. Opposed same sign. The motion passes.

John Stoll: That’s all I have.

Commissioner Nix: Without having the information in front of you, street acceptance for the year, has it been up, down, or has it pretty well the same?

John Stoll: I would suspect it’s down.

Commissioner Nix: Down a little bit?

John Stoll: Yeah, we haven’t seen too many new major subdivisions come in this year.

Commissioner Nix: That trend is probably going to keep for the next year or two probably–

John Stoll: Right.

Commissioner Nix: –until housing picks back up again.

President Korb: Great.

Commissioner Nix: What are we maintaining now, mileage?

John Stoll: Good question.

Commissioner Nix: I don’t want to put you on the spot.

John Stoll: Five hundred and fifty miles, give or take.

Commissioner Nix: Okay.

President Korb: Green River Road?

John Stoll: Don’t have a start date yet, but they set up a field office. So, it will be soon.

President Korb: And, Baseline?

John Stoll: Same thing, I hope that they get started out there soon. We’ve submitted all of the paperwork to CSX for finalizing those agreements. That’s the one big hurdle that’s left before we can really start on the railroad right-of-way. But, everything’s been submitted and, hopefully, by the end of the month that will be underway as well.

President Korb: Great. Good deal. Thank you, John.

Commissioner Nix: Thanks.

President Korb: Appreciate that very much. Have a good night.

John Stoll: You too.

President Korb: Counselor, you’ve got some other business?

Ted C. Ziemer, Jr.: Yes, thank you. This is, again, on behalf of the Health Department. This is an advertising agreement, and I did get you an e-mail about it, but it was late in the afternoon, so, you might not have gotten it. But, this advertising agreement is between South Central Broadcasting, which is WIKY, and the Commissioners on behalf of the Board of Health for WIKY to, for the Board of Health to be a sponsor, a health sponsor, on WIKY for three months at a charge of $3,000, I mean, $1,000 per month, for a total charge of $3,000. That will run from December 29, 2008 through March 22, 2009. In return for that, the Health Department will get a whole variety of things, which includes 20 sponsorship credits, and those are ten second messages on the radio each month, with the messages to be whatever the Health Department wants. What the Health Department is choosing to do is to alternate messages, one for the smoking cessation program and the other for the, this, what do you call them, patches.

Gary Heck: (Inaudible. Not at microphone.)

Ted C. Ziemer, Jr.: Nicoderm patch or whatever it is. Both of which are going to be available through the Health Department. Then, in addition they will have a rotating banner ads on the various Internet positions that WIKY maintains. So, it’s certainly satisfactory for execution from a legal perspective.

Commissioner Nix: Gary, did you have anything to add to that?

Gary Heck: No, sir.

Commissioner Nix: Move approval.

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

Commissioner Nix: Aye.

President Korb: Aye. Opposed same sign. The motion passes. Ted, contrary to popular belief, I did read that this afternoon.

Ted C. Ziemer, Jr.: Very good.

President Korb: So, good deal. Any other department heads in the audience this evening? Have we completed business with–

Ted C. Ziemer, Jr.: No, wait now. Which one did he get?

President Korb: –Mr. O’Hara?

Marissa Nichoalds: He got the originals.

President Korb: Hang on, Mr. O’Hara.

Ted C. Ziemer, Jr.: It didn’t look like an original. Do you think that’s–

Marissa Nichoalds: That’s the copy.

Ted C. Ziemer, Jr.: Is it? Okay, we’re fine. Thank you.

President Korb: Good, we’re done. Thanks, Mr. O’Hara, appreciate you coming in.

Ron O’Hara: Thank you.

President Korb: You’re welcome.

President Korb: Any new business to appear before the Commissioners this evening? Great.

President Korb: Any old business to appear before the Commissioners this evening? Yes, sir? If you would, just state your name and your address please.

Wayne Fehd: Wayne Fehd, and my address is 13040 Green River Road, Evansville, Indiana. I was down here several months back about cleaning the siltation out of the ditches on Boonville-New Harmony Road between Green River Road and Young Road. I noticed there ain’t nothing been done yet. The water has been boiling up out of that ditch twice and went out across my field.

Commissioner Nix: Mr. Fehd, if I’m not mistaken, and Mr. Duckworth left this evening, I’ll follow up with him, but I know they were out there doing some work here quite some time back when we finally got a dry spell. We had quite a rainy spring and end of the summer, but I will follow up with that and get back with you on that. I know that we did have equipment out there. I met with the Highway Department out there right after our meeting, I think the last time you were at the meeting.

Wayne Fehd: Well, there ain’t been anything done out there.

Commissioner Nix: Okay. I’ll follow up on that.

Wayne Fehd: Yeah, okay. The next thing is Young Road, just a little further east of Green River Road, before you get to I-164, going south from Boonville-New Harmony Road. The road right-of-way has not been mowed all summer. The weeds are 12 to 15 feet high there.

Commissioner Nix: Okay.

Wayne Fehd: It needs to be mowed from right-of-way to right-of-way.

Commissioner Nix: Was that called in? I mean, is this–

Wayne Fehd: Yes, I called it in.

Commissioner Nix: And that was at Young and–

Wayne Fehd: Young Road.

Commissioner Nix: Young Road.

Wayne Fehd: The section going south of Boonville-New Harmony Road.

Commissioner Nix: Okay.

Wayne Fehd: Young Road goes north and south.

Commissioner Nix: Okay.

Wayne Fehd: This is on the section going south.

Commissioner Nix: Okay. I’ll check with Mike on that also.

Wayne Fehd: Okay, when do you think we’ll get something done on Boonville-New Harmony Road, getting that siltation out of the ditch?

Commissioner Nix: Well, I mean, we’ve got to have some dry weather to do that. That’s what, it’s my understanding that work was done, it took a while for that to dry out, because that was, it was, the ditches were pretty wet. Of course, all the rain we had, once again in the spring of this year, we had a tremendous amount of rain.

Wayne Fehd: Well, no, August we had a half inch of rain, and September we had a half inch of rain.

Commissioner Nix: But, I’m saying this work was done earlier in the year, if I’m not mistaken. I’ll check on it and I’ll get back with you.

Wayne Fehd: There ain’t been nothing done since (Inaudible).

Commissioner Nix: Well, what I’m saying is before anything can be done it has to be dry out there. I’ve looked at that area out there, and you can’t put anything along there at all if it’s wet. It just won’t work. You’ll end up with a mess is what you’ll end up with.

Wayne Fehd: What, is he going to meet with me tomorrow or the next day?

Commissioner Nix: I’ll find out, I’ll get a hold of Mr. Duckworth in the morning.

Wayne Fehd: I would like to see what they done earlier–

Commissioner Nix: Okay.

Wayne Fehd: –because there ain’t been anything, seriously.

Commissioner Nix: Okay.

Wayne Fehd: Since I’ve been here.

Commissioner Nix: Thank you.

Wayne Fehd: You’re welcome.

President Korb: Thanks, Mr. Fehd.

President Korb: Any public comment to appear before the Commissioners this evening? Seeing none.

President Korb: We’ve got some consent items. We have to add a Highway travel request for the Highway Department. Is that correct, Marissa?

Commissioner Nix: For some equipment to go to Indianapolis or something. They’ve got to drop something off and pick something up?

President Korb: That’s right, to add one more sprayer for when we have winter events.

Commissioner Nix: So moved.

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

Commissioner Nix: Aye.

President Korb: Aye. Opposed same sign. The motion passes. I need a motion for adjournment.

Commissioner Nix: So moved.

President Korb: Second. All those in favor say aye.

Commissioner Nix: Aye.

President Korb: Aye. Opposed same sign. We are adjourned. Thank you ladies and gentlemen.

(The meeting was adjourned at 5:40 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the November 18, 2008 Commission Meeting Minutes.

Kendall Settlement Agreement: Green River Road.

Jacob’s Village Development Local Government Notification.

Kraftwerk’s November 2008 OCH Craft Show Financial Report.

VPS Architects: OCH Proposal for Probate Courtroom Renovation Project.

Employment Changes:

Treasurer (1)                            Sheriff Office (2)                       The Centre (1)

Travel Requests:

Health Department (8)              Treasurer(1)                             SWCD (2)

County Highway (1)

Treasurer: October 2008 Monthly Report.

Surplus Requests:

Treasurer: various computer equipment.

Prosecutor: various computer equipment and office furniture.

Weights & Measures: November 2008 Monthly Report.

Purchasing: October 2008 Monthly Report.

County Engineer: Pay Request No. 66: Green River-Burkhardt TIF Projects.

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer

Those in Attendance:

Jeff Korb                                   Bill Nix                                      Bill Fluty

Ted C. Ziemer, Jr.          Marissa Nichoalds                    Madelyn Grayson

Deidra Conner                          Jean White                               Halie Bruder

Ron O’Hara                              Dave Rector                             John Stoll

Wayne Fehd                             Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Jeff Korb, President

Bill Nix, Vice President

(Recorded and transcribed by Madelyn Grayson.)