VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

DECEMBER 5, 2006

The Vanderburgh County Board of Commissioners met in session this 5^th day of December, 2006 at 3:30 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: Good afternoon. I would like to call to order the December 5, 2006 meeting of the Board of Commissioners of Vanderburgh County. We’ll begin with introductions.

Marissa Nichoalds: Marissa Nichoalds, Superintendent of County Buildings.

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

Commissioner Nix: Bill Nix, County Commissioner.

President Musgrave: Cheryl Musgrave, County Commissioner.

Maria Nelson: Maria Nelson, Mater Dei High School.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

President Musgrave: Please join me in the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

President Musgrave: Motion to approve the minutes of November 21^st?

Commissioner Nix: So moved.

President Musgrave: I’ll second. All those in favor? Aye.

Commissioner Nix: Aye.

President Musgrave: The motion carries.

President Musgrave: Permission to open the bids for VC-01-2007, tax bills?

Commissioner Nix: Move approval.

President Musgrave: I’ll second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: The first item on our action agenda today, is to welcome Senator Larry Lutz. Senator Lutz if you’ll come forward, we have a proclamation honoring you. Commissioner Nix will read that. No, you can just stay right there. Hang on.

Commissioner Nix:

“Whereas, Larry Lutz served the public of Gibson, Posey and Vanderburgh Counties as State Senator since 2002; and, Whereas, Larry Lutz has a longstanding history of public service, starting in 1978; and, Whereas, Larry Lutz is a member of numerous civic groups and a fixture in the communities political and public life; and, Whereas, Larry Lutz will retire this year from his position as State Senator. Now, Therefore, be it resolved by the Board of Commissioners of Vanderburgh County that in recognition of Mr. Lutz’s many years of public service, that we do hereby proclaim December 5, 2006 “Larry Lutz Day” in Vanderburgh County.”

Larry Lutz: Very nice. Thank you very much.

Commissioner Nix: Thank you.

Larry Lutz: Appreciate that.

President Musgrave: Well, it’s been such a pleasure to work with you over the years. I mean, for more than ten years you’ve been taking my phone calls, asking you to support this and not support that.

Larry Lutz: I remember your first visit to Indianapolis.

President Musgrave: Oh, good. If it was that memorable, please don’t remind me. But, you were always a gentleman, and you knew the ins and outs maybe better than several other legislators, and you gave great guidance, and I’m going to miss your calm presence.

Larry Lutz: Thank you very much.

Commissioner Nix: Appreciate that. Now you’ve got plenty of time for board appointments for us now, right? Is that correct?

Larry Lutz: Maybe I can play golf with Mr. Ziemer over there.

President Musgrave: I’m sure he’ll let you win.

Commissioner Nix: Thank you.

President Musgrave: Thank you for coming.

President Musgrave: Now we have the Evansville ARC quarterly update. Beth Lowrey? Oh, Ms. Mangold, sorry, is here to give this update.

Amy Mangold: Good afternoon. I am Amy Mangold, and I am the Director of Development at Evansville ARC, and we really appreciate the opportunity to speak with you again today. As many of you know, Evansville ARC began over 50 years ago as a school for children with developmental disabilities. Back then many parents found themselves with no place to turn if they had a child that had developmental disabilities. Well, over the course of 50 years we have changed very much. We have expanded our programs and services. Not only do we serve children with developmental disabilities, but now we serve people of all ages. From the tender age of six weeks of age, all the way up to, some of our individuals are in their 80's and almost 90 years old. We serve these individuals through various programs. Our Child Life Center, our Successful Transitions program for our high school age kiddos, we also have our Connections for Life program, our Day Services for adults, and also our Community Job Link program. One thing we wanted to talk about today is we’re finding now that individuals come into our program in more of a non-traditional type of method. Our mission has evolved to not only be for individuals with developmental disabilities, but we have a mission now of advancing the value and respect for all individuals with disabilities, developmental or physical disabilities. What we’re now finding, and what we wanted to kind of bring to light is that individuals are coming into our program non-traditionally, which may be traumatic brain injury, it may be a stroke or other type of medical condition that brings them to our services, or it may be some of the various accidents that we are finding that individuals have. As a matter of fact, as we start to welcome our troops back from overseas, we are now finding, and we just have an article in which that many of the troops coming back from overseas are coming back with various stages of disability. Whether it be traumatic brain injury, amputation, or other types of disabilities. In fact, of the troops coming back, 1,079 had traumatic brain injury from the conflicts in Afghanistan and Iraq. What we’re wanting to do is to get the word out that we need services and programs to help include them back into society, help them find jobs, help them find the services that they need whenever they return home. Now, in keeping with that, we’ve got our Vice President of Day Services, our adult services, Ms. Kelly Barnett, she’s going to talk about a couple of the services that we can provide to individuals who find themselves in need of our services. We also have a family who has been impacted by a traumatic brain injury that will explain what it means to individuals that find themselves in this situation and the services that they need. So, Kelly?

Kelly Barnett: Good afternoon. We’re glad to have Clint and his mother Emma come with us. Clint is involved in our Adult Day Services program, and our Connections for Life program. In Adult Day Services he works on increasing daily living skills, cognitive skills, and social skills. In the Connections for Life he is working out in the community by volunteering. He volunteers once a week at the United Way office where he helps with some clerical tasks. Another day of the week he volunteers as a nursing home companion. He also attends a Bible study. So, he’s got a pretty full week. Clint is one of the many individuals that Evansville ARC serves that was not born with a disability. He experienced a traumatic brain injury, which greatly impacted his life and that of his family. About five percent of the individuals, the 500 individuals or so that Evansville ARC serves do have some type of disability such as traumatic brain injury, and they were not all born with their disabilities. So, they rely on the support that Evansville ARC provides to regain some of their skills, and increase their quality of life. Evansville ARC also provides some other services to these individuals, and that includes employment services, helping them get and keep jobs in the community. We have students who are in our School to Work Transitions program and receiving behavior supports. So, right now I would like to ask Clinton and Emma some questions. What brought....do you want to come to the microphone? What brought Clint to Evansville ARC?

Emma Hagan: Clinton had a wreck in 1996, and had severe traumatic brain injury. He was in the hospital for five months, the nursing home for an additional three months, then outpatient care through Deaconess Hospital. When the State of Indiana brought their new program for traumatic brain injury, Clinton was one of the ones first in the program. That’s when we found out that Evansville ARC was taking traumatic brain injuries. They have helped dramatically. When Clinton first started there, they tell you when you first have the accident that it’s five years and you will see improvement, after five years you will see very little. Clinton started there in his sixth year after his injury. Why he has advanced–

Clinton Albright: (Inaudible).

Emma Hagan: You did well. Why he has advanced dramatically in that time, we, it was curious to see how much more that ARC could help him along. As you can tell, he initiates conversation now, something he did not do before he started at ARC.

Clinton Albright: No, I didn’t.

Emma Hagan: He’s more integrated into meeting and being outgoing than what he was. He’s learned new social skills, and he is also in a, they have a program for behavioral management. He is also in that, and that’s helped him with agitations, which if you know anything about head injuries, that’s a big, can be a big problem.

Clinton Albright: It’s hard sometimes.

Emma Hagan: Yeah.

Kelly Barnett: Why is it important for Clint to continue receiving services at Evansville ARC?

Clinton Albright: I’m a father.

Emma Hagan: He has a daughter who’s thirteen.

Clinton Albright: A thirteen year old baby girl.

Emma Hagan: She’s very proud of her daddy. It helps him. It gives him time out away from the home. Otherwise, it’s just mom and grandkids. It gives him a way to interact in the community. This way he gets to help give back to the community which has given so much to us.

Kelly Barnett: Do you have any other advice that you would give other families in a similar situation?

Emma Hagan: I will say that whenever he first had his accident and whenever we were going through the outpatient of physical and speech and occupational therapy at Deaconess, they sent us to a job program, Clinton didn’t qualify because he has, his type of head injury his short term memory is almost non-existent–

Clinton Albright: Right.

Emma Hagan: So, he was unable to perform tasks without constant reminders. We didn’t really think there was anything until his SWIRCA advocate told us about Evansville ARC was accepting head injuries. It’s improved his life. It’s improved all of our lives. It’s given me a break. I think that helps everybody. When mom’s happy, everybody’s happy.

Clinton Albright: When mom’s happy, everybody’s happy.

Emma Hagan: He enjoys going out. He really enjoys it. He loves the people at ARC. He loves going out on community service.

Kelly Barnett: Okay, well, thank you for coming and telling your story. And thank you for your continued support of Evansville ARC so that we can serve people such as Clint and improve the quality of their lives. Thank you.

President Musgrave: Well, thank you very much for coming and sharing your stories with us today.

Clinton: You’re welcome.

Amy Mangold: We just wanted to thank the County Commissioners for their yearly support. The Day Services program does help individuals become more independent. We are funded by the state on a very outdated, I guess, I can say that, outdated and inadequate funding model. We do have shortfalls, and your gift and private support has become more critical so that we can be there now and many, many years in the future for individuals that find themselves in this type of situations. So, we just truly appreciate all of your help.

President Musgrave: Thank you.

Commissioner Nix: Thank you.

President Musgrave: Next on our agenda is the public hearing for Bohannon Estates Barrett Law. The public hearing is now open. All interested parties are invited to make any announcements. Are there any, is there anyone here for the Bohannon Estates Barrett Law public hearing? Please come forward to the microphone. First, this gentleman, then this gentleman. Please state your name, address for the record.

Justin Shofstall: Justin Shofstall with Easley Engineering. I’m the design engineer, and one of the project leads for this project, here to answer any questions you may have regarding it.

Roger Bass: Roger Bass, 11710 Bohannon Drive. I’m a resident and chairman of the committee trying to get the road repaved and accepted by Vanderburgh County. We come now asking the total sum, we’re asking for 17 percent of the total bill for $50,000 from the gas taxes that were taken. I had sent a letter to the Commissioners, a very light estimate over the 26 years of the subdivision, that broke down to, the current charge is 18 cents per gallon, I went to 15 cents per gallon on 500,000 gallon used, which would be, we paid in $75,000, at least $75,000, and we ask for the $50,000, which would be $2,000 per homeowner, which would be 17 percent of the actual costs.

President Musgrave: Okay, thank you.

Roger Bass: Okay.

President Musgrave: Is there anyone else with any comments to make on this matter?

Commissioner Nix: I guess, just a clarification on the gas tax. It’s derived from county roads that have been assumed by the county. And this, the roads within your subdivision back there aren’t, they’ve never been accepted by the county, is that correct?

Roger Bass: Right.

Commissioner Nix: Okay, so, I mean, that’s how that’s, I don’t know if you were aware of that. That’s how that’s arrived at.

Roger Bass: Well, then we paid taxes for driving on county roads.

Commissioner Nix: But, the sum of all those roads are assumed county roads. They’re not private drives, which, I guess, this would be considered a private drive. It would be, to me it would be similar to someone claiming that for their driveway. I mean, not to exaggerate it, but–

Roger Bass: Right, right, but to get it in perspective.

Commissioner Nix: Right.

Roger Bass: Okay, but, we’ve still drove on the county roads, and we were all residents. I was born, you know, here. What I’m just saying is that, you know, we’ve contributed. So, we would like to have anything that we could get towards this large sum.

President Musgrave: Thank you.

Roger Bass: Thank you.

President Musgrave: I think you have expressed your point, which is that you feel that you’ve paid, you and the other residents have paid gas taxes, and you’re asking for the public help in paving private roads.

Roger Bass: Yeah.

President Musgrave: You really have to make all your comments at the microphone.

Roger Bass: Yes.

President Musgrave: Okay.

Roger Bass: That’s what I’m asking for.

President Musgrave: Alright, thank you.

Commissioner Nix: Thank you.

Roger Bass: Thank you.

President Musgrave: Are there any other comments at this public hearing? I hear none. So, I now announce that the public hearing is closed.

President Musgrave: We now come to the final resolution Bohannon Estates Barrett Law project. County resolution 12-06-024. I look for a motion to adopt the final resolution, specifically to find that, one, the benefits that will accrue to the property liable to be assessed for the project will equal the estimated cost of the project of $286,250. Two, the resolution is confirmed without modification and that the project will be completed in accordance with the plans that have been submitted and approved earlier.

Commissioner Nix: Move approval.

President Musgrave: I will second that motion. Is there any discussion? Hearing none, I’ll call for the vote. All those in favor?

Commissioner Nix: Aye.

President Musgrave: Aye.

Ted C. Ziemer, Jr.: Will you do a voice vote please?

Commissioner Nix: Yeah, roll call.

President Musgrave: Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: And, I vote yes. Show the Bohannon Estates Barrett Law project as approved. I would just like to offer my opinion on your request for the public participation. There are many, many subdivisions of the same type in the county. Many that are yet to be done. Many that have been done in the past. There has been no precedent set to use public money to bring these roads up to standard. I researched that with the County Auditor, and we’ve also asked for more history, if there was any, from the County Engineer’s office. I am not willing at this time to set precedent for future subdivisions to come forward and ask for public participation in the paving of their roads to bring them up to county standard, in order to then put them on the rolls of the roads that the county is then asked to maintain. So, I, for response to your request, I’m afraid I do not support that. Commissioner Nix, do you have any comments?

Andy Easley: Could I–

President Musgrave: Mr. Easley, I’ll let you make a comment if it’s very short, but the public hearing has been closed.

Andy Easley: I understand. Just one comment. The subdivision was allowed to be recorded years ago, and the developer was not required to pave the streets to county standards. Houses were built, taxes, property taxes have been paid for years, and the residents have paid a lot of motor fuel taxes. Granted, the streets weren’t included in the reimbursement to the city, but, I think, it is a fair request, if funds were available to maybe 17 percent participation. Thank you.

Commissioner Nix: Thank you.

President Musgrave: We move now to the Burdette Park 2007 pool rates. Director Steve Craig is here to discuss these rates.

Steve Craig: My name is Steve Craig, and I’m the manager of Burdette Park. I’m asking the Commissioners to approve rates as has been suggested by the Burdette Park advisory board. These rates are for the 2007 aquatic center, miniature golf, the batting cage, the campground, and the day camp, 2008 building rates, and the 2009 Discovery Lodge rates.

Commissioner Nix: And you say these were all approved by the advisory committee?

Steve Craig: Yes, sir.

Commissioner Nix: Okay. If there’s no further discussion, I’ll move approval.

President Musgrave: I’ll second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: Aye. The motion carries.

Steve Craig: Okay, and while I’m here, I would like to show a rendition of the Burkhardt Road planting islands. I think you’ve seen them, I don’t where you want me to set them.

President Musgrave: Do you want to set them in front of the, not on the floor, but in front of the podium?

Steve Craig: This is a plan to help make the islands out on Burkhardt Road a lot prettier than they are right now. They’re weed infested and have some trash, and there’s an opportunity to beautify one of our new roads in Evansville that’s became one of the major thoroughfares, and I was wanting permission from the Commissioners to put it out for bid.

President Musgrave: A little background on this project, sometime ago I noticed that there were these large, grass islands in the middle of Burkhardt Road, and on the city side, near the Target store, they were quite well planted. And, on the county side they were neatly trimmed grass, but there wasn’t any plantings at all in them. So, I approached engineer John Stoll and Steve Craig from Burdette Park to help me with some suggestions for making this project more beautiful. Even though it’s well outside the jurisdiction of Burdette Park, Mr. Craig shares my enthusiasm for all things green, and, I think, you’ve put some red bushes in there too, but they’re quite lovely. We’ve come up with this design to beautify Burkhardt Road, and we hope that the county can afford to install these and that we could get them going in a couple of years, get them established, and then turn them over to be Adopt-A-Spots. We’ve had a couple of meetings with Director Ann Ennis at Keep Evansville Beautiful, and she is excited about the possibility, and there’s some more details to be worked out with these spots, and then we’re also talking about creating some Adopt-A-Spots along the side of the road. So, there is some more work, more discussions to be had, but we hope to make beautiful Burkhardt Road, get some hardy trees and shrubs out there, and have some annuals planted perhaps. But, I’m not going to make Steve Craig dodge traffic again with a flat of petunias.

Steve Craig: Well, Mike Duckworth, he has volunteered to do that work.

President Musgrave: Oh, that’s right. I did forget to thank Mike Duckworth. He was on the photography team that dodged traffic.

Commissioner Nix: Which explains why the pictures are taken from such a low shot there.

President Musgrave: But, I do appreciate everyone’s time, and I’m over awed by the photographs, which look like they already exist out there. Which leads me, of course, to remember not to trust any photographs that I ever see.

Steve Craig: Yeah, the computer renditions are quite advanced from what we were used to.

President Musgrave: They are.

Steve Craig: That is actually what it’s supposed to look like in two years.

President Musgrave: Okay. So, you’re here today to seek permission to solicit bids for this?

Steve Craig: Yes, Ma’am.

Commissioner Nix: Do we have a funding source for this?

President Musgrave: We do. It is in the Burkhardt TIF district.

Commissioner Nix: Okay. I’ll move approval.

President Musgrave: I will second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: Aye.

Steve Craig: Thank you very much.

President Musgrave: We look forward to hearing your report. Do you think it will be as soon as next week?

Steve Craig: I think it will probably take me maybe a couple of weeks. I’m going to try to, I’m getting with the architect tomorrow, if I got approval tonight, to put them out. I may be able to get the bids in by next week.

President Musgrave: Okay. Well, we’ll just wait for them to come in.

Steve Craig: Okay, thank you.

President Musgrave: Alright, thank you.

President Musgrave: Do you want to read the value of the tax bill bids?

Ted C. Ziemer, Jr.: Sure. We have one bid for the printing of the tax bills, and that bid is from Work Flow One, and the bid amount is $78,660.

President Musgrave: Is there a motion to take the bid under advisement?

Commissioner Nix: So moved.

President Musgrave: I’ll second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: The motion carries.

President Musgrave: We move then to the County Commissioners WOW-Sigecom LLC master electrician bond at $15,000, and also a franchise bond at $25,000. I understand that these are technical bonds that need to be submitted.

Commissioner Nix: And they are just moved from Sigecom to WOW, is that correct?

President Musgrave: That’s right.

Commissioner Nix: Move approval.

President Musgrave: I’ll second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: Aye. The motion carries.

President Musgrave: Purchasing Department, recommendation for the award of purchase of a new mail machine. Ms. Spalding is here to bring us up to date on that.

Debbie Spalding: Good afternoon. We were notified, the city/county Purchasing Department, that we, as far as the end of the year, will be in non-compliance with the U.S. Postal Service meters. Right now we have a letter press type meter, and they are going to digital. You’ve probably seen this type of seal on postage, and, apparently, the Post Office can tell a lot of information from that, they can determine where the mail came from. Currently ours looks like this, and it’s a round circle. We will not be able to use this type of meter reading any longer. We will not be able to get postage using this. So, we’re kind of in a hard place. We do need to purchase a new mail machine. We sent out quotes for the mail machine. A lot of companies understood that we were going to be looking for this machine. So, they contacted us. So, we sent them to those four companies, and you received a memo telling you who those companies are. We only received one quote back, that was from Southern Business Machines. This is a joint city/county purchase, so, we are asking you for your permission to buy half of that machine.

President Musgrave: I think you ought to buy a whole machine.

Commissioner Nix: They work a lot better. What, just curious, the cost of half or a whole machine.

Debbie Spalding: The whole machine, the bid that we received was $15,166. That does include a scale that will allow us to, it automatically weighs the mail and processes it.

Commissioner Nix: That will save quite a bit of money, you can get right down to the penny on the postage then that way, with the scale.

Debbie Spalding: Yes, it allows us to do bulk mailing and receive a reduced rate.

President Musgrave: Okay.

Debbie Spalding: It also, it helps, it will help, we think, on the speed of doing the mail also.

Commissioner Nix: You have a funding source, I’m sure.

Debbie Spalding: Yes. It was budgeted, this has been known it was coming for over a year. The letter that was attached to your memo from the United States Postal Service and neopost telling us that we were in non-compliance at the end of the year, came out in 2005. So, the money was budgeted in 2006, and the money is in an account waiting to be spent.

Commissioner Nix: Move approval.

President Musgrave: I will second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: Aye. The motion carries.

Debbie Spalding: Thank you.

President Musgrave: They are going to deliver this machine right away?

Debbie Spalding: Yes, they said on their bid 15 days from notice. So, I will call them this afternoon.

President Musgrave: Alright. Thank you.

President Musgrave: Contracts, agreements and leases. We have several contracts, the YMCA 2007 membership agreement. This is an agreement with the Y for employee, a voluntary employee participation. Burdette Park yellow pages advertising contract, it’s the standard agreement for Burdette Park to advertise in the yellow pages. We have the County Coroner memorandum of understanding. Is there anyone here from the County Coroner’s office? Thank you, because I will have a question about this in just a moment, this is for a grant they’re to receive. The County Highway, Brandeis bituminous paver contract, which also needs to be reviewed. If we do these in one motion, I think they can accommodate my question.

Commissioner Nix: Do you want to ask the question first?

President Musgrave: Alright, come on forward. I read the document that was sent over, and I just was, just really didn’t know what it was doing. Are we buying new software, new hardware, all of the above, new forms? What’s the goal behind all that, I just didn’t know?

Vicki Middleton: Actually, there isn’t really a goal. It’s a grant that the Coroner’s training board has secured. It’s been offered to all 92 counties. They’re giving us free software. If the county has, are small and have not received any type of equipment such as fax machines, laptops, PC’s, they are going to provide them with a laptop. So, all we’re asking for is someone to sign saying we can have our free software. What it’s for is to update all the forms and try to get them standardized throughout the State of Indiana for coroners.

Ted C. Ziemer, Jr.: I understand that Vanderburgh County would not be one of the counties receiving equipment.

Vicki Middleton: Well, now that’s possibly changing.

Ted C. Ziemer, Jr.: Okay.

Vicki Middleton: As we have not received any equipment, as of yet, from the county, I’ve been there seven years and we’ve not received any equipment, per se, no computers, etcetera, they said there is a possibility of us receiving that.

Ted C. Ziemer, Jr.: Okay, then if they do, under the terms of this document, the county is simply acknowledging that that equipment belongs to the county. There’s no problem with that.

Vicki Middleton: Correct.

President Musgrave: Well, it sounds like a fairly wonderful situation where standardizing state forms, that happens often, but it could always happen more, and getting stuff for free. We certainly do want to get on board with that. Do you have any idea when this would come?

Vicki Middleton: I’m not certain. I’m under the impression it will be here early next year.

President Musgrave: Okay.

Vicki Middleton: At the beginning of the year.

President Musgrave: Good. Well, thank you very much for coming over to answer my questions. I tried to reach you all by phone, but I wasn’t very successful in that.

Vicki Middleton: Sometimes it’s like that.

Madelyn Grayson: Would you please state your name for the record?

Vicki Middleton: My name is Vicki Middleton.

Madelyn Grayson: Thank you.

President Musgrave: Okay.

Commissioner Nix: Move approval.

President Musgrave: And I will second. All those in favor of all the aforeread contracts?

Commissioner Nix: Aye.

President Musgrave: Aye. The motion carries.

President Musgrave: Department head reports. Mr. John Stoll, award winner again at the County Commissioners conference he received yet another Engineer of the Year award, bringing his total award haul of the year to three. I think you’ve won them all now. So, no more free dinners for you.

John Stoll: Thanks. I have two items, first is the plan cover sheet for the Hillside Road reconstruction. Pat Seib brought the notice to bidders here a couple of weeks ago, but the plan cover sheet wasn’t available at that point. So, it needs the Commissioners signature. So, I would request your approval of that.

Commissioner Nix: Move approval.

President Musgrave: I’ll second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: Aye. The motion carries.

John Stoll: Then the other item is an encroachment agreement for McCutchan Estates Subdivision. This is for McCutchan Place. It’s the street that we’ve been working with the homeowners association for quite some time as far as getting them to bring the road up to the county’s requirements, that way we could accept it for maintenance. They have resurfaced the road, they’ve provided some additional right-of-way dedications, which have since been recorded. Now, we need the encroachment agreement signed that allows their retaining wall and a decorative brick guard house to remain in the right-of-way and several other encroachments. It will allow all those to remain in the right-of-way. Once it’s signed by the Commissioners, I’ll return it to the homeowners association, so that way it can be recorded. Then, once we get a recorded copy back, then I’ll bring a street acceptance request in to finalize this. So, I’m requesting approval of the encroachment agreement this time.

Commissioner Nix: So moved.

President Musgrave: Second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: The motion carries.

John Stoll: That’s all I have.

President Musgrave: Congratulations on your award.

John Stoll: Thanks. Very unexpected again.

President Musgrave: Well, well deserved as well.

Commissioner Nix: Yes, very well deserved.

John Stoll: Thanks.

President Musgrave: Is there any other department with a report? I see no one. Mr. Ziemer?

Ted C. Ziemer, Jr.: No.

President Musgrave: We have some board appointments to reassign. These are the boards that Commissioner Shetler was on before he became Councilman Shetler. So, there are four, Domestic and Sexual Violence.

Commissioner Nix: I would like to nominate you for that.

President Musgrave: Oh, good. Thank you. And, I would like to appoint as my proxy, Councilman Tom Shetler, who under the by-laws is able to continue to do that for us. So, I will second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: Aye. The motion carries. DRCC, which is the Disaster Resistant Community Corporation, I would like to nominate Mr. Bill Nix.

Commissioner Nix: Very familiar with that.

President Musgrave: Okay, so, you’re seconding that?

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioner Nix: Aye.

President Musgrave: Aye. The motion carries. The Evansville Commission to End Homelessness, I would like to nominate Councilman Shetler to go ahead and finish out the year. They may not even have another meeting this year. The Economic Development Coalition, which is the last one, Commissioner Nix, I would like you to take over his seat on that. So, that’s my motion.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioner Nix: Aye.

President Musgrave: Aye. The motion carries.

Commissioner Nix: And we will get Commissioner-elect Tornatta on some of these boards when we get him in office here–

President Musgrave: Right.

Commissioner Nix: –the first week in January.

President Musgrave: We may even think of a few more, but I did not want them to go vacant between now and then.

President Musgrave: Is there any new business?

President Musgrave: Old business? Commissioner Nix, I think you have a report on the–

Commissioner Nix: Yes, we were asked about installing a small wire microwave antenna in the Old Courthouse. It basically conveys a signal to the Old National Bank tower. I had Dennis Au go over and look at it. Marissa Nichoalds has been working with us here. The question, I think the big concern we had was from the standpoint of whether this thing would be seen from the ground. It’s in place right now, and it’s back away, and I don’t think it really causes any kind of problem as far as any aesthetics at all. What I would like to do, we hadn’t worked out a lease agreement, I would like to get Mr. Ziemer to, and Marissa’s been looking at some rentals that we could possibly look at setting up to rent this space, and maybe not necessarily approve it at today’s meeting, but come up with a lease that we could define for a term and the amount, and maybe at a future meeting determine that. But, for right now, the antenna is in place, and it’s functional.

President Musgrave: So, your motion is to pursue a lease based on some further research that you’re going to do regarding an appropriate monthly price–

Commissioner Nix: That’s correct.

President Musgrave: – to allow this? I’ll second that motion. All those in favor?

Commissioner Nix: Aye.

President Musgrave: Aye. The motion carries. I have one kind of piece of old business, we had had discussions with the state on perhaps acquiring two pieces of land that they were seeking to divest themselves of, and they have come back with a price. I’m still not sure that I want to approach that price, but I would like to ask the County Attorney to begin drawing up the resolution should we proceed to go to Council to ask their permission to acquire this piece of property. We’ve looked in to it, Commissioner Nix, I would like you to think this over, they’re asking for $15,000, you know, you could look at that as a fair price. I’m willing to consider that, or a counter offer. Are you willing at this time to say whether or not you think that that’s a fair price?

Commissioner Nix: What was the total acreage on that?

President Musgrave: If I remember correctly, and my memory may be faulty, is the Surveyor here? Mr. Jeffers, do you remember the exact acreage on those two pieces of land? Was that 52 acres?

Bill Jeffers: I believe so, but I’m not sure.

President Musgrave: Yeah, so we’re both thinking it’s around 50 acres.

Commissioner Nix: This could be something that could be utilized as part of a bike path at some time in the future off of the levy?

President Musgrave: Yes.

Commissioner Nix: I think that was the intent all along, I think, was some type of park. I think Mr. Jeffers had a good point too, this could be a trade off for wetlands mitigation, down the road, if we would have a project in town that we would need to do some swapping, this could be a good place for that. So, I think we need to move forward with it.

President Musgrave: Alright. Is your motion then to accept their offer pending Council approval of a resolution for the $15,000?

Commissioner Nix: So moved.

President Musgrave: Alright, I’ll second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: Aye. So, we’ll look forward to those documents at a later meeting, Mr. Ziemer.

President Musgrave: We have come to the portion of our agenda for public comment. Is there any comment? I see no one.

President Musgrave: We have an extensive list of consent items. Is there a motion to approve the consent agenda?

Commissioner Nix: So moved.

President Musgrave: I will second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: The motion carries. That concludes our agenda. Is there a motion to adjourn?

Commissioner Nix: So moved.

President Musgrave: Second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: The motion carries.

(The meeting was adjourned at 4:10 p.m.)

CONSENT ITEMS:

Employment Changes:

County Highway (2)                  County Council (1)                    Coroner (1)

Knight Assessor (2)                  Center Assessor (1)                 Circuit Court (4)

County Assessor (1)                 Prosecutor (1)                           Commissioners (1)

County Clerk (1)                       Health Department (1)              DADS (1)

Travel Requests:

Health Department (3)              County Engineer (1)                 Area Plan (1)

Commissioners (1)                   Knight Assessor (1)

Commissioners:

Barnes & Thornburg Engagement Letters (Lobbying Agreements)

Bernardin Lochmueller Letter: Univ. Pkwy. Ph. I & II: Nov. 2006 Project Update

Letter for Keep Evansville Beautiful (Grant for I-164 & IN 66)

Letter from Insight Regarding Price Changes for 2007.

Evansville ARC: Monthly Report: October 2006.

Kraftwerks: 2006 Financial Statement.

Department Head Meeting Notes: 11/21/06.

County Highway:

County Council Call: Late Transfer.

Employee Letter of Resignation.

Burdette Park: Day Camp Sponsor Letter for 2007.

Auditor:

Financial Statement: November 2006.

Drawdown #10 Knight Township Fire Department CDBG Funds.

Treasurer:

Monthly Report: October 2006.

Year-to-Date Investments: October 2006.

County Engineer: Pay Request No. 10: Burkhardt-Green River TIF Projects.

County Recorder: Surplus Letter: computer monitors.

Sheriff Office:

Surplus Letter: computer equipment.

Letter of Notification of intent to sell unclaimed property at public auction.

Voters Registration: Surplus letter: various computer & electronic items.

Weights & Measures: Monthly Report: 10/15/06-11/15/06.

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer                           Supt. Of Bldgs.                         Veterans Services

Those in Attendance:

Cheryl Musgrave                      Bill Nix                                      Bill Fluty

Ted C. Ziemer, Jr.          Marissa Nichoalds                    Madelyn Grayson

Maria Nelson                            Debbie Spalding                       Larry Lutz

Amy Mangold                           Kelly Barnett                             Clinton Albright

Emma Hagan                           Steve Craig                               Vicki Middleton

John Stoll                                  Roger Bass                               Andy Easley

Justin Shofstall                         Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Cheryl A.W. Musgrave, President

Bill Nix, Vice President

Recorded and transcribed by Madelyn Grayson.