VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

DECEMBER 15, 2009

The Vanderburgh County Board of Commissioners met in session this 15^th day of December, 2009 at 5:00 p.m. in room 301 of the Civic Center Complex with President Troy Tornatta presiding.

President Tornatta: Good evening. Welcome to the Board of Commissioners meeting, December 15, 2009. It’s a shade after 5:00 in room 301. Roll call, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Here.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Here.

Madelyn Grayson: President Tornatta?

President Tornatta: Here.

President Tornatta: We have Aaron Alexander from Burdette Park. Aaron, if you would first lead us in the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

President Tornatta: Good evening.

Aaron Alexander: Hello.

President Tornatta: Welcome.

Aaron Alexander: How’s it going?

President Tornatta: Great. Tell us a little bit about Burdette Park.

Aaron Alexander: I’ve prepared a little written statement.

President Tornatta: Absolutely.

Aaron Alexander: It would probably get it in an organized fashion. My purpose for preparing this became clear to me when I was asked by Steve Craig, Burdette Park’s Manager, to sum up how and why we won all three places in our category for the Keep Evansville Beautiful’s 2009 Beautiful Business Awards. It became obvious that it was more involved than making a simple statement, thus I felt it was necessary to prepare this in writing so that the information would be organized and in order not to forget the major details. With that said, it is important to put 2009 into perspective as it relates to Burdette’s past performances over the last ten years in this competition. From 2003 to 2009 Burdette has won eight Keep Evansville Beautiful Beautiful Business Awards. Three of them first places; 2004, 2008 and 2009. The remaining five awards were mixed second and third places. Our category in which we compete is tough, recreational facilities. Most of the businesses that we are up against have large budgets and labor resources. I am proud of Burdette’s achievements in the following ways; we do not have a dedicated landscape budget, our gardening team is usually comprised of two to three part time employees, one to two of those being seasonal due to high school and college, and because of the nature of our facility that is primarily recreation, landscaping is not always a number one priority. In spite of these things I have mentioned, I am proud to say that we are still competitive and have achieved these honors for Burdette Park and Vanderburgh County. After describing the details of Burdette’s achievements, I would like to explain what we have done in order to attain them. To begin, I will tell a brief and humorous story explaining how I started my career as Burdette Park’s gardener and tree guy, as I am sometimes called. I started working at Burdette Park in August of 1999, and up until that point I was not affiliated with gardening or landscaping. My initial position was to collect trash from around the park, clean buildings and chalets, and to work large picnics. In the spring of 2000 I came to work one day and Steve told me to hop in the truck there was something he wanted me to do. That’s never a good thing. We arrived at the Oasis miniature golf course only to be greeted by a semi-truck full of 1,200 landscape plants and a parking lot full of Master Gardener volunteers. Steve put me in the semi and had me help them unloading the plants. I had no idea what I was doing, and everyone thought I knew something about plants because I was working for Burdette. A few awkward days later all the plants were in the ground, the mulch was down and the volunteers were gone. Steve told me in no uncertain terms that this was my new baby, and that I was going to be responsible for making it succeed. I am glad he had faith in me, because I certainly did not. It was a starting point though, and with Steve’s help, many calls to Larry Caplan, several meetings with Rick Mitchell, the landscape architect, and a ton of anxiety, I got through my first year with a high level of success. The Oasis miniature golf landscaping won Southwestern Indiana Master Gardener’s Association Outstanding Project of the Year in the fall of 2000. Over the next decade Steve repeatedly placed his faith in me. He gave me the resources to accomplish the goals he set before me, and challenged me to my limits. It was awkward at times, because the park up until this time had never had a unified system for taking care of the landscape or the trees. So, we were creating it as we went along. In the process we installed the following major landscapes; the waterfall at the O’Day Discovery Lodge, the massive planting around the Discovery Lodge, the new spray park, revamping the main park entrance, the aquatic center entrance, the Jean Cook Tree Memorial, and upgrades to numerous of the rental buildings landscapes. We have continually added to our plate without leaving anything else behind. All of this has been a major challenge, stretching us to the limits of our resources. In 2009 the main entrance won third place, the Lodge won second place and the aquatic center landscape won first place. All of this hard work has been paying off. In addition to all of this, Steve and I happen to be tree lovers. One thing that concerned me early on as a gardner was the loss of trees that the park experiences annually due to weather, insects, and vandalism. Steve and I decided early on to mitigate these losses with an aggressive tree planting agenda that has spanned the entire decade. I took some time last week to get a number together so that you could get an idea of the scope of our tree program. From 1999 to 2009 I have planted 860 trees in Burdette Park. That number only counts the success stories, I chose not to include the losses in the total. Our park also boasts an impressive species count of 130. Some of these are naturally occurring, and others we have brought in from all over the United States. I have also spent the last ten years cultivating many of our native trees from seed in order to preserve species who’s numbers are in decline. Recently I added a rare tree, the Sand Hickory, which is native to Indiana by working with the Department of Natural Resources to collect seeds from one of the only places in Indiana where they can be found. I feel that the overall impact of our attention to trees has augmented the general public’s perception of Burdette Park, and in doing so aided us in the Keep Evansville Beautiful business competition. With all of that said, I would like to describe what I do over the course of the year. One of the most common questions I am asked by people is what do I do all year? Do I work at Burdette Park during the winter? This used to catch me off guard because it seemed obvious to me that there was plenty of work to do. However, I began to see this as an opportunity to educate people on how their tax dollars are being spent. Here is my workload starting with the fall and winter; I fertilize all the trees, the flowers, and the turf, I remove leaves and organic debris from the flower beds, repair mulch if needed, prune all of the trees, winterize all equipment and any irrigation equipment, plant any trees that we get, protect 860 young trees from deer and beaver damage, mulch at all of the buildings, pardon me. In the spring I clean out flower beds again, touch up mulch at all the buildings, begin weed control, which is extensive, lay out any landscape plantings and revisions for the year, order any trees for spring plantings, get the Oasis miniature golf ready for opening, including the four water features, prepare the aquatic center plantings and spray park for Memorial Day weekend, and begin regular inspections of plants and trees on a weekly basis for insect, pest and human damage. In the summer it’s weed control, pest control, irrigation and all plantings, cleaning off of the golf course every morning and maintaining the water features. In addition to these responsibilities, I, like everyone else at Burdette Park help clean buildings, work large picnics, mow grass, and generally do anything and everything so that the park functions smoothly. Credit must also be given to the crew of part time workers who take care of nearly all of the mowing and also help with large scale applications of mulch at our largest plantings. All of this requires a tremendous amount of energy and dedication, but that is what Burdette Park employees are known for. Accompanying this work ethic is our general love for the land, nature, our neighbors, the park patrons, the weather, and the passing of the seasons. I am incredibly blessed to be in this position, and I believe that Burdette Park most of all to me is home. If you have any questions I would be glad to answer them.

President Tornatta: Any questions?

Commissioner Winnecke: I would just say thanks for your dedication. Burdette Park is a great asset for the county, as are the employees. We appreciate your efforts on our behalf.

Aaron Alexander: Thank you.

President Tornatta: Thank you very much. Thank you, Aaron.

Aaron Alexander: You’re welcome.

President Tornatta: Thank you, Steve, for sending Aaron in here today.

President Tornatta: Alright, permission to open quotes for VC09-12-01, Neu Road culvert number 1061 grade stabilization.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. Questions or comments? Roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

Ted C. Ziemer, Jr.: I don’t have any to open.

President Tornatta: Okay.

Ted C. Ziemer, Jr.: Now I do.

President Tornatta: On cue.

President Tornatta: Permission to open bids VC-52-2010, trending services.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. Questions or discussion? Roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, action items, Roberta? Roberta is with the League of Women Voters, and she has a lot of paper in her hand.

Roberta Heiman: Commissioners, good evening. I am Roberta Heiman, President of the League of Women Voters of Southwestern Indiana. It is with pleasure and anticipation and relief that I present to you a petition calling for reorganization of local government in Vanderburgh County and the City of Evansville. This petition has been signed by more than 3,300 residents of the city and county, including 2,757 who signatures were verified by County Clerk Susie Kirk as those of registered voters. Some more than 600 others signed, but for a variety of reasons their signatures weren’t verified. It was surprising, the leading reasons were that they had moved to a different address from which they are registered, or that they’re not registered. A surprising number of people, I thought everybody was registered to vote, a surprising number of people are not. Nonetheless, they are residents of Vanderburgh County and they’re very interested in this issue. The thing I want, above all, this is a people’s petition. These signatures did not come from some special interest group. They came from people throughout the community, including some 800 who live in the county, outside the city limits. About 30 percent of the verified signatures are from outside the city limits. One of the fascinating things is several hundred, as you go through these you will see copies of the petition signed by just one or two people, and the vast majority of those, and there are several hundred of them, were from people who downloaded, they were so interested in this they went to the League’s website, printed out, downloaded a copy of it, filled it out and mailed it in. You know, from your experience, usually you hear from people opposed to something, it’s very unusual for people for something, that many for something, to have that kind of response. So, literally this is a people’s petition. A few businesses circulated the petition for their employees to sign, but the vast majority were collected by the League. We’re a small group and we had a handful of people doing this. We announced it in mid-September, but started in earnest in early October. So, in a little over two months we got more than 3,300 signatures. We did this, it was so interesting, we went to coffee shops, bars, neighborhoods knocking door-to-door, we went to grocery stores, bridge clubs, book groups, book stores, and what we found, oh, we went to businesses up and down West Franklin Street and North Main Street and downtown, and what we found was a really high level of interest in this issue. Many of the people who signed told us they are very for consolidation. Many who signed are very against it, but they were unanimous in feeling that this issue should be determined by voters. They want it on the ballot. So, that’s what this petition is. It’s a neutral petition that opens the door for preparation of a plan that voters can then determine whether they want it or not. Whether they get that opportunity is now up to you. As stipulated by the State Legislature in 2006 now, the next step will be for you, as Commissioners, to hold a public hearing and determine whether this process can move forward. If you determine it can, then we’ll go to, we, the League, will take it to the City Council, and if they agree, then you’ll jointly appoint a bi-partisan citizens committee to draft a plan. That creates a tight schedule for preparing a plan that can be on the ballot next fall, but it can be done. One reason is that we don’t have to start from scratch. In 1973, 1990, 2006 consolidation plans were prepared. So, we don’t have to reinvent the wheel here. A committee has a good starting point for looking at all of the issues and moving forward. With that deadline in mind, we ask that you move forward quickly, and jointly appoint this committee so that it can get to work. The committee, we hope, will include a broad diversity of representation from this community in gender, race, geography and interest, and not put elected officials on the committee. It should be a citizens effort. You guys will have all sorts of say, you’ve got the authority under the law, but let citizens come up with this plan. We also hope the committee will conduct all of its business in meetings totally open to the public. So, here you are, gentlemen. Let’s let the debate begin.

Commissioner Melcher: I think I would like to go ahead and say that I don’t think there’s any debate. I’m willing to let it move forward. I think this is something that people have asked me that they want to vote on. I think you’re right. I appreciate it that your group was able to go out and get these votes, I mean, signatures. I’m glad you got 30 percent out of the county, because I didn’t want them being left out, because I’ve had a lot of county people call me. I was so used to people in the city calling me. So, I’m glad you did that. I would kind of like to have a public hearing on it, and I would also like us to go ahead and invite the City Council at the same time, like we did that once before. So, that way they could be here and listen also, because then if we come back to file it....and I’m also thinking maybe we do it on the 12^th. I think it ought to be a special night just for this. I think it’s so important that we have a special night for it. We don’t meet on the 12^th, but we could come down here, maybe even at 5:30 when people get off work, that way everybody has the opportunity to come down and hear, or if they want to say something. Then, I think, from that, if the City Council is here too, or if some of them are here, they will get it, we can come back the next week and file a resolution and move on from there. That will speed the city up also.

Roberta Heiman: Thank you, Steve.

Commissioner Winnecke: First, I would like to thank the League for its great work in obtaining all of the necessary signatures. I think you should be commended for the energy and time that you’ve put forth to go out in the community. I know I saw you at a restaurant one Friday night, and I know you’ve worked diligently. I think it’s important to note that they have asked the residents who signed the petition in favor of moving the process forward and as such, I don’t think this body or any other elected body should stand in the way of moving this process forward. I think we would be wise to accept the signatures as presented tonight and schedule the required public hearing at our first meeting, which is January 5^th. We have a number of things that are required at a first meeting, reorganization, board appointments, we can do that quickly and move right to the topic at hand, because as Ms. Heiman noted earlier, the time frame does get pretty tight into the new year and a week could make a lot of difference. So, congratulations, and thank you for your hard work. As you say, let the debate begin.

Roberta Heiman: Thank you. Could I also point out something? The League of Women Voters is the first citizens group in the State of Indiana to initiate this process under that law enacted in 2006. So, we’re the first community to do it. For once, Evansville and Vanderburgh County are first.

Commissioner Winnecke: Not surprising.

Roberta Heiman: Okay, thank you.

President Tornatta: Okay. Probably I side with just going ahead and getting this on the books for the 5^th. We will end up, Steve, to kind of get more of your wishes, we’ll just clear the schedule to only handle items of business that need to be done first off in that meeting in January, and then we’ll go right into the hearing. At that point that will be all we will handle on that meeting, and all other subsequent topics will be on our next meeting’s, next regularly scheduled meeting. You bring it up, people have brought up the right people, and we are, we will be concerned to get the right dynamic of people in there that will definitely have interests. I think the political element has to, not the political element, but as long as the thought is that we want to get information from politicians. Because we are in this business, and we have as much knowledge to give to any group as to the cause and effects of how things are run. So, I caution you not to avoid us, but to use us to gain the knowledge that might help you make a better decision and present to the public. But, in all this, I will not go through this so quickly that we would forget the sight of what we are trying to do. So, Roberta, I will put this on January 5^th. I will do my best to get the dates as close as we can to our next Board hearing as possible, but I will not do this to a point to where we will go so fast that we lost sight of what we’re actually trying to achieve. So, with that being said, if I can have a motion.

Ted C. Ziemer, Jr.: If I could just comment, please?

President Tornatta: Sure.

Ted C. Ziemer, Jr.: Commissioner Melcher mentioned including the City Council, and the statute says that this should be a public hearing of the County Commissioners. So, it needs to be your public hearing, but you certainly could invite the City Council to attend. That’s a pretty good idea, because the statute does not require a public hearing by the City Council, after the County Commissioners have had one.

President Tornatta: Will you run down the process one more time?

Commissioner Melcher: It’s a long process.

President Tornatta: Well, that’s okay, we’re in the process.

Commissioner Melcher: Okay.

Ted C. Ziemer, Jr.: Well, yeah, just briefly, I don’t have it written in front of me here, but I think I’ve got it fairly well in mind. After the meeting on January the 5^th, if this body adopts that, the County Commissioners then have 30 days to adopt a resolution to do one of three things. Either to accept the proposal to join Evansville and Vanderburgh County, or to put forward a different kind of proposal, I guess, joining Evansville and Warrick County, or deny, declining to participate at all in the process. At the same time, if they adopt either of the first two, and, of course, the likely one will be to merge city and county government here, Evansville and Vanderburgh County, they also would have to determine in that resolution whether the county-wide election for that process should be, what’s the word? Help me here.

President Tornatta: Restricted.

Ted C. Ziemer, Jr.: Yeah, well, without–

Commissioner Winnecke: Rejection threshold.

Ted C. Ziemer, Jr.: Yeah, without a rejection threshold, which means it would be vote by the entire county, and if a simple majority of the entire county voting voted for it, it would pass. Or it could be with a rejection threshold, and that would mean that there would be two separate counts, one of the people who in the county who live within the city limits, and one of the people in the county who live outside the city limits. If either one of those groups failed to have a majority, then it would also not go forward. So, those are things the Commissioners have to decide. After they adopt their resolution, which will contain some mixture of those things as provided by law, they then certify that resolution to the City Council, who can as soon as their very next meeting, there is no requirement for any public hearing at all by the City Council, consider the resolution that was adopted by the county. If they adopt a same or similar resolution at their meeting, then the city and county get together and start forming this committee that Roberta was referring to. If the city comes back with a different kind of resolution, then the city and the county have to get together, much as we’re about to see the United States Senate and the Congress get together on some actions that they’re considering now, to decide how we can get a resolution that’s substantially similar. When that happens, of course, if that doesn’t happen, it doesn’t go forward. If they do adopt a similar resolution, so that both of them are essentially identical, then they go ahead with the appointment of the committee. The committee has one year, by statute, to come up with its decision. However, it can come up with its decision sooner than one year, but they have a year to do it. If they come up with a decision sooner than one year, then that goes to both the County Commissioners and to the City Council for approval. If either of those bodies do not approve the program developed by the committee, it goes back to the committee for further consideration. That process can go on from that point. So, basically that’s what we’re looking at.

President Tornatta: At that point, any questions? Questions of anybody in the audience that might be interested? Seeing none. I look for a motion.

Commissioner Winnecke: Mr. Chairman, I would move that we, this body schedule a public meeting to consider the unification study at our January 5^th meeting of the Vanderburgh County Commissioners.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. Questions or discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Thank you very much.

Ted C. Ziemer, Jr.: And, just on the chance that that might be the motion, I have several different forms of public hearing notice ready, but, Madelyn, I provided you with a copy of the notice of the public hearing, which you should use for this purpose, and you and I have discussed this that could be published on the 21^st I think we said, which would be well more than seven days prior to the meeting on January 5^th, and it must be at least seven days. So, we’ll be in good shape. Thank you.

Commissioner Melcher: We are going to invite the City Council?

President Tornatta: Yeah, we’ll happily do that.

Commissioner Melcher: That’s kind of why I wanted it on another night, that way it would have been a public hearing only, but we’re okay. I just feel like it will speed things up, it will give everybody more opportunity, especially if there’s a lot of people here.

President Tornatta: Okay.

President Tornatta: Second and final reading, CO.12-09-019, amendment to county travel expenses ordinance. Amending to travel ordinance to change references to the County Commissioners to the County Council, and filing dates from two weeks prior to the scheduled travel to 30 days prior to scheduled travel.

Commissioner Winnecke: Mr. Chairman, I’ll move approval of the final reading of CO.12-09-019.

Commissioner Melcher: I’ll second it.

Commissioner Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Jim?

Ted C. Ziemer, Jr.: Excuse me, I have these bids, if you would like me to go ahead and read those into the record?

President Tornatta: Okay.

Ted C. Ziemer, Jr.: For the Neu Road culvert, two bids, one from Jack Hahn Excavating, Inc., the amount is $13,040. For the same culvert, Deig Brothers, $15,164. For the trending services agreement for the Vanderburgh County Assessor; A&S Associates, we have two bids, one A&S Associates for a bid of $98,000, one from Tyler Appraisal and Property Tax Solutions for $78,200.

Commissioner Melcher: I guess, we need a motion–

President Tornatta: On both is fine.

Commissioner Melcher: Yeah, I’ll take a motion on both of them for–

President Tornatta: Advisement.

Commissioner Melcher: –advisement.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Jim Harris? Come on up. Permission to award APA025-2010, commercial fuel.

Jim Harris: Good evening.

President Tornatta: Good evening.

Jim Harris: Tonight I have before you the commercial fueling that was sent out for bid under the Cooperative Purchasing Organization, the joint group between the city, county, EVSC, and a number of non-profits. We’ve had eight bidders. Two were responsive, one was non-responsive due to the fact that they only bid for the EVSC delivery. The recommended company that we go with is Heritage Petroleum, which is a local Evansville company. I’ll be happy to answer any questions that you might have.

Commissioner Winnecke: Could you describe, Mr. Harris, the cost relating to their bid for us, please.

Jim Harris: Okay.

Commissioner Winnecke: Compared to the others.

Jim Harris: Basically, the city and the county require a different set up for delivery than the EVSC does. EVSC has, we have our own pumping stations. So, it’s delivered in bulk and dropped off and we pump our own. The city and the county require local places for fill up at different various gas stations. So, that’s one reason why only a few companies could actually supply both needs. The one unresponsive would only deliver to us in bulk. Currently we’re looking at a flex price, which is off the OPUS system’s oil pricing info service. So, it’s a fluctuating price. So, as of the 19^th, the amount was two oh four, two dollars and four cents. Currently that price is a little bit higher, but it fluctuates. What we’re planning to do is lock it in once we see a downward trend, we will lock that price in. Currently we are playing the flex price, EVSC is doing the exact same thing.

Commissioner Winnecke: Mr. Chairman, I’ll move approval based on the recommendation from Mr. Harris.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. Further discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Thank you, Jim.

Jim Harris: Thank you.

President Tornatta: Lisa? Lisa is with F.C. Tucker Commercial Realty.

Lisa Daugherty: Hello, I’m Lisa Daugherty with F.C. Tucker Commercial. I represent the county for the Old Courthouse leasing. I wasn’t really sure how to approach this, so I just asked them to put me on the agenda. We currently have, you have a list in front of you of five suites that are being used for storage purposes, and according to the maintenance manager, Otis, they are chalk full and he has no place else to put anything. When I asked him what he was storing, he said it’s basically junk. Things that need to be disposed of.

Commissioner Winnecke: County junk, right?

Lisa Daugherty: County junk.

Commissioner Winnecke: Just to clarify.

Lisa Daugherty: Yeah, he’s not in a position to dispose of this without authorization from the Commissioners. So, I’m not sure how we need to go about addressing that, but I am quickly running out of space to lease.

President Tornatta: Okay.

Lisa Daugherty: Most, the two spaces that I have left to lease are well over 1,000 square feet. My big demand has been for the smaller spaces, which three of those are housing things, surplus. He said it’s broken furniture, different things that, so, you know, we need to figure out a direction to address this problem.

President Tornatta: You, my friend, are on the board over at the Courthouse.

Commissioner Winnecke: Yes.

President Tornatta: Is there any chance that you would ask them to go through that property? Or, I mean, are we sure that’s county property? It is? Okay.

Lisa Daugherty: Some of it was left over by previous tenants that moved out and didn’t take it with them. Some of it’s county property. It’s a conglomeration of a lot of–

Commissioner Winnecke: I’m wondering if the proper procedure is to get as close to a concise inventory of the junk as possible, and then maybe take action at a future meeting.

President Tornatta: Alright, who would–

Lisa Daugherty: Do you want to have Otis do that?

President Tornatta: Is that the proper channel?

Lisa Daugherty: He’s the only one that really has access to the spaces.

President Tornatta: Okay. We’ll direct him to start the process.

Lisa Daugherty: Okay.

President Tornatta: How about that?

Lisa Daugherty: That’s good, because I’ve had a lot of requests.

President Tornatta: Is there any, I know we’ve taken out walls in some of these rooms, is there any way that we can take 1,000 square foot and put in a wall?

Lisa Daugherty: If you look at the size–

President Tornatta: Make it two 500?

Lisa Daugherty: –of the spaces that are housing the surplus, it’s well over 1,000 square feet of stuff and he said they’re full. These rooms are full.

President Tornatta: Okay.

Lisa Daugherty: So, he doesn’t have anywhere else to put it.

President Tornatta: No, I’m not talking about that. I guess, I’m talking about of the available space.

Lisa Daugherty: 105 and 106 could be divided, but it’s still going to put it right at 1,000 feet each.

President Tornatta: Okay.

Lisa Daugherty: We’re trying to maintain the integrity of the building.

President Tornatta: Okay.

Lisa Daugherty: So, I’m encouraging people not to build walls, if they can get away with using the space as is.

President Tornatta: Okay.

Lisa Daugherty: With painting and, you know, maybe carpeting or restoring the hardwood.

President Tornatta: Okay.

Lisa Daugherty: So–

President Tornatta: We will direct him–

Lisa Daugherty: Okay.

President Tornatta: –to start that process, and, hopefully we can–

Lisa Daugherty: Then I have one more item. Mike Shoulders, I guess, is working with the Bar Association to redo that one courtroom.

President Tornatta: Shepard? I think it’s the Judge Shepard room. Is that the–

Lisa Daugherty: On here it’s, on my map it’s called the Superior Courtroom. It’s the old Superior Courtroom. I think the Bar Association donated funds to renovate that.

President Tornatta: Uh-huh.

Lisa Daugherty: He had indicated to Otis that he wanted to use suites 201, 202 and 202A also. So, I need to know what the time line is on that, if that’s something that I can lease for a year, if they know they have to vacate in year. Or if we have any time line on when we’re going to have those renovations complete?

President Tornatta: Okay, we’ll try and get that information to you.

Lisa Daugherty: Okay.

President Tornatta: In the next couple of days.

Lisa Daugherty: I mean, should I go straight to Mike? I wasn’t sure of the proper procedure.

President Tornatta: Well, I mean, to be honest with you it’s probably Mike or Marissa, and then if she doesn’t know she would be able to direct you to an appropriate person.

Lisa Daugherty: Because ultimately it’s your decision, right?

President Tornatta: Well, it will be–

Lisa Daugherty: Okay.

President Tornatta: –but I wouldn’t say that we are, we’re acquiring information–

Lisa Daugherty: Okay.

President Tornatta: –the best we can.

Lisa Daugherty: Okay.

President Tornatta: So, if something comes up, we go and find out that information from those people.

Lisa Daugherty: Okay.

President Tornatta: So, if you want to cut to the chase.

Lisa Daugherty: So, can I go ahead and go to Mike and find that out? Is that okay?

Commissioner Winnecke: Yes.

Ted C. Ziemer, Jr.: What about that artistic, I can’t think of what his corporate name is, but the guy that does the haunted house over there. I think he has things stored down there as well, does he not?

Lisa Daugherty: He’s, I think, in the sub-basement.

Ted C. Ziemer, Jr.: Oh, that’s the sub-basement.

Lisa Daugherty: Yes.

Ted C. Ziemer, Jr.: Okay, that’s not affecting what you want at all?

Lisa Daugherty: No.

Ted C. Ziemer, Jr.: Okay, thank you.

Lisa Daugherty: No, I’ve got a couple of spaces that are in the basement, and they have windows in them, so they’re nice, usable spaces, but they’re just full of stuff.

President Tornatta: Okay. Alright.

Lisa Daugherty: So, you will direct Otis to do an inventory?

Commissioner Winnecke: Yes.

Lisa Daugherty: Super. Thank you.

President Tornatta: We’ll do that.

Lisa Daugherty: Have a good evening.

President Tornatta: Alright, you too.

President Tornatta: Okay, contracts, agreements and leases, we are going to move through these, folks. South Central Media advertising agreement, this agreement is for a three month period and includes two stations, WIKY and WLFW. The cost is $1,400 per month for both stations, and the three month total is $4,200. The cost of the agreement is covered by the grant funds available to the Health Department for this purpose. Next, Purdue Cooperative Extension equipment service agreement with Southern Business Machines, Incorporated entered into between the county and Purdue Extension. The cost is $625 and provides the maintenance for the period from 1/29/2010 to 1/28/2011. Moving on to Superior Court, each agreement to county agreement continues a prior agreement between the county and respective deputies. Under each agreement the respective deputies are paid $29.14 per hour for their services. This is from 1/1/2010 to 12/31/2010. The contractual services agreement with Troy Hardin for home verification services, contractual services agreement with Michael Collins for home verification services, and agreement with Dion Wingerter for home verification services. I’ll accept those all as a motion.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Commissioners, YMCA membership agreement for county employees for 2010. The agreement is identical to that of last year except dating and the increase of all rates by two dollars for each of the three plans. Funding for this has been approved by the County Council. Agreement for Growth Alliance for Greater Evansville for 2010, identical to 2008, including the annual payment of $150,000, which is to be paid to GAGE in a lump sum during the first quarter of this agreement. Next, METS/USI transportation agreement for 2010. The agreement between the county and METS for the METS to provide van transportation services Monday through Saturday, 6:45 a.m. to 9:45 a.m. between USI, Eagle Plaza, Schnucks Shopping Center on the Lloyd Expressway, the University Shopping Center and Golden Towers Apartments as set forth on the attached road map, which you can’t see. The cost to the county is $25,000 for one year, from 1/1/2010 to 12/31/2010. Evansville ARC grant agreement for 2010. Under the terms the grant for $279,000 to the ARC for funding of programs described in the previous agreement. It’s identical to last year’s agreement. Agreement with WNIN for televising of meetings for 2010. It’s between the county and WNIN, and it’s identical to last year’s agreement. Also an agreement with Fehd Farms land agreement for 2010. That is the same as last year’s. Mulberry Center employee assistance program agreement for 2010, identical to last year’s agreement. Youth Resources agreement for 2010, revised to provide the county receiving quarterly invoices from the Youth Resources for use in paying of $20,000 in maximum compensation, and the rest is identical to last year’s agreement. Semi-annual agreement with J.E. Shekell for preventive boiler maintenance of the Old Courthouse. It calls for a semi-annual payments of $2,989. Yellow Pages advertising agreement for Burdette Park. On behalf of Burdette Park, this is with AT&T for Yellow Pages advertising for 2010. The cost of the agreement is $3,102 for the year and a monthly rate of $258.50. Next, an agreement, Old Courthouse lease agreement with the County Engineer. The lease agreement for the County Engineer to lease space at the county courthouse. It’s identical to last year except for a three percent increase on rent. Assignment of Old Courthouse lease from Quantum Health to Gateway EDE LLC. This has to do with the proposed sale of assets from Quantum to Gateway, which may or may not go through. On the likelihood that it will, Quantum is asking the Commissioners to approve the assignment. This was on the December 8^th agenda and it was passed over. METS elderly and handicap transportation agreement, the 2010 version of the elderly transportation agreement between the Board of Public Works and the county. This agreement is identical to 2009, for a term of one year from 1/1/201 to 12/31/2010. The costs are identical to the years past, $11,666.66 per month.

Commissioner Melcher: You want one motion for all of that?

President Tornatta: And I can repeat that.

Commissioner Winnecke: That’s what I was going to ask.

Commissioner Melcher: Is there any discussion?

President Tornatta: How about giving me a motion and I’ll go through all of my deal?

Commissioner Melcher: I’ll make the motion that we approve them all.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Questions or discussion? If not, roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: John Stoll? Is he around? John, if you don’t mind, I’m going to do the same thing. We have a bundle here, and we’re just going to go through those, or you can go through them, however we want to do it. In fact, go through them and we’re going to take them all as one motion.

John Stoll: Okay. I’ve got the phase four of the Burdette bike path contract with Ragle, Incorporated. This is contract number VC09-12-02. It’s requested to be awarded to Ragle, Incorporated for $235,646.84. This has been reviewed in my office as well as by Debbie Spalding and Purchasing and all of the appropriate paperwork was taken care of.

President Tornatta: And they do have that MWE contract taken care of?

John Stoll: Yes.

President Tornatta: So, we are–

John Stoll: Right.

President Tornatta: –they were due diligent?

John Stoll: Yes.

President Tornatta: Okay, thank you.

John Stoll: Second, I’ve got the adoption of the street sign standards. These are specifications that were needed in order to address a subdivision ordinance amendment that was done last year. I e-mailed the specs out to local consultants, and I also spoke to Bill Pedtke of the Homebuilders Association and I didn’t receive any comments back from the draft. So, I’m requesting your approval of the specifications as they were circulated. These basically just give the material specs and the dimensions for street signs and stop signs, whatever the appropriate traffic signs are for subdivisions. The third item is, I need your signatures on the Mylar cover sheet for phase three of the Burdette Park bike path plans. This will, this section of the bike path runs basically from Nurrenbern Road to Broadway Avenue. We’re still trying to pursue getting stimulus funds on that section. I don’t have a definitive answer from INDOT as of yet, but the, if we do get the stimulus funds it would be on it looks like a February INDOT bid letting. Fourth, I’ve got change orders for the Green River and Millersburg project. The first change order is a no cost increase, just a time extension. It extends the completion date to April 22, 2010.The reason it goes out to 2010 is because INDOT specifications require that any time extensions beyond November 30^th are added to April of the following year. I don’t know if this will come into play as of yet, because they have been getting work done this week. They put the asphalt on all of the streets yesterday, so they’re still working on the project. We’re hoping that very little, if any work does need to get done in April, but this first change order does extend the completion date. The second change order adds $16,680 to the cost of the project to address changing the pavement on English Way from concrete to asphalt. The fifth item I’ve got is a street acceptance request for Creekside Meadows Subdivision. This is section two. It involves 817 feet of Prairie Drive, 994 feet of Eagle Watch Drive, and 273 feet of Wildfire Drive. I’ve also got a storm sewer acceptance request for that same subdivision. This is for 293 feet of 12 inch pipe located outside of right-of-way, 367 feet of 18 inch pipe, and 315 feet of 36 inch pipe. All of this has been inspected and it’s recommended that it be accepted for maintenance.

Commissioner Melcher: I’ll move for approval.

President Tornatta: Okay?

Commissioner Winnecke: Second. I’m sorry.

President Tornatta: That’s okay.

Commissioner Winnecke: Having a little discussion on–

President Tornatta: A little wording here.

Commissioner Winnecke: I was a little confused by something here.

President Tornatta: Just to clarify, English Way, we did go out there and look at that property, it was, at least in my best belief, that probably go back with the concrete as opposed to the asphalt. So, especially seeing what had been done at that time. So, that’s what we’re doing, we’re just clarifying, not going with the asphalt, going back with the concrete–

John Stoll: Right.

President Tornatta: –as it was maintained back when.

John Stoll: I didn’t speak to the inspector, but I believe it was, the concrete pavement was supposed to be poured today. I don’t know if it did get finished, but that was the plan.

President Tornatta: Okay. Alright, we have a motion and a second to accept the County Engineer’s report. Any questions? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Thank you, John. Have a Merry Christmas.

President Tornatta: New business? Anything?

President Tornatta: Old business? Request for extension for payment of back taxes, this is 1322 South Parker Drive.

Commissioner Winnecke: Did we talk about this at the last meeting?

Commissioner Melcher: No.

Commissioner Winnecke: Oh, it’s a different one.

Commissioner Melcher: We got a letter on it.

Commissioner Winnecke: At the last meeting we considered one and we put a date, a deadline of March 1. I would move–

President Tornatta: March 31^st? Okay.

Commissioner Winnecke: I would move that we grant the extension with a deadline of March 1, 2010.

Commissioner Melcher: I’ll second it.

President Tornatta: A motion and a second. Questions or discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Then we’re looking at a cancellation date of the 29^th meeting.

Commissioner Winnecke: So moved.

Ted C. Ziemer, Jr.: Second.

Commissioner Melcher: I’m not going to be here, so I’ll second it.

President Tornatta: A motion and a second. Discussion? Roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: And just under old business, we were talking, we do have an agreement with the DMD to handle some dollars that are the county’s dollars that were going to be used for economic development. They’re also proposed for being some seed money for our United Neighborhoods to start out in the county. For those who turned in your parks stimulus plans, we will have that money starting at the first of the year, and United Neighborhood we will just the same. So, wrapping that up.

President Tornatta: Any public comment? Seeing none.

President Tornatta: Motion to approve the consent items.

Commissioner Melcher: So moved.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Madelyn?

Madelyn Grayson: The consent items for the December 15^th meeting are as follows; approval of the December 8, 2009 Commission meeting minutes, there’s one employment change from the County Highway, travel requests there is one for the Health Department, one for the County Engineer, and one for the County Assessor, the County Engineer has pay request number 95 for the Burkhardt-Green River TIF projects in the amount of $1,089,540.50, the County Surveyor has a surplus request for various items, there’s the appointment of the Local Health Officer, the Old Courthouse craft show 2009 financial report, and department head reports from the County Engineer, Burdette Park and the County Ozone Officer.

President Tornatta: Any further questions? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Motion to adjourn?

Commissioner Melcher: So moved.

Commissioner Winnecke: Second.

(The meeting was adjourned at 5:50 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the December 8, 2009 Commission Meeting Minutes.

Appointment Paperwork for Local Health Officer: Dr. Ray Nicholson.

Financial Report & Check: Kraftwerks: Fall Craft Show at OCH.

Employment Changes:

Prosecutor (2)                           County Council (1)                    Circuit Court (1)

County Highway (1)

Travel Requests:

County Assessor (1)                 County Engineer (1)                 Health Dept (1)

County Engineer: Pay Request No. 95: Green River-Burkhardt TIF Projects.

County Surveyor: Surplus Request Letter: Various Office Equipment.

Department Head Reports:

County Engineer                       Burdette Park                           Ozone Officer

Those in Attendance:

Troy Tornatta                            Stephen Melcher                      Lloyd Winnecke

Bill Fluty                                    Ted C. Ziemer, Jr.          Madelyn Grayson

Aaron Alexander                       Roberta Heiman                       Jim Harris

Lisa Daugherty                         John Stoll                                  Others Unidentified

Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Troy Tornatta, President

Stephen Melcher, Vice President

Lloyd Winnecke, Member

Recorded and transcribed by Madelyn Grayson.