VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

DECEMBER 16, 2002

The Vanderburgh County Board of Commissioners met in session this 16^th day of December, 2002 at 5:32 p.m. in Room 307 of the Civic Center Complex with President Catherine Fanello presiding.

President Fanello: Call to order Vanderburgh County Board of Commissioner meeting, December 16^th.

President Fanello: Introductions are as follows, to my right, Tammy McKinney, Superintendent of Buildings; Kevin Winternheimer, County Attorney; Commissioner Mosby. To my left, Commissioner Mourdock; County Auditor, Suzanne Crouch; and Recording Secretary, Madelyn Grayson. Please join me in the Pledge of Allegiance.

(The Pledge was given.)

President Fanello: Approval of the December 9^th minutes.

Commissioner Mourdock: So moved.

Commissioner Mosby: Second.

President Fanello: Executive Session minutes from this afternoon.

Commissioner Mourdock: I’ll move approval of the summary minutes of today’s Executive Session. It began at 4:45, ended at 5:15, and dealt with county personnel matters/ litigation.

Commissioner Mosby: Second.

President Fanello: So ordered.

President Fanello: Next item is Will Fosse, permission to recommend Old Courthouse Re-roofing Project.

Will Fosse: Good afternoon. A week ago today we took bids on the courthouse re-roofing, and I have a copy of the bid tabulations.

President Fanello: Thank you.

Commissioner Mourdock: We have that.

President Fanello: Yeah, I think, yeah, we do have one in our packet.

Will Fosse: The bids have been examined. They seem to be in order. Midland Engineering from South Bend is the apparent low bidder. His bid was $729,000 for roofing, and $572,000 for sheet metal. A total cost of $1,301,000. We have examined their submittals, and everything seems to be in order. Pending the availability of funds, I would recommend that a contract be awarded to Midland Engineering for this project.

Commissioner Mourdock: Will, were the four bidders were pre-qualified? Or you’ve otherwise checked qualifications of them?

Will Fosse: They submitted qualifications with their bid.

Commissioner Mourdock: Yeah, and you’re comfortable that the resume that these people, the low bidder, have offered is suitable?

Will Fosse: Yes. They have done quite a bit of work around South Bend.

Kevin Winternheimer: Along that line, it was noted that they’ve done many, many jobs for Notre Dame, which is one that’s a large facility. Number two, they were a repeat client of theirs. So, I think that speaks for them right there.

President Fanello: Just for the record, Kevin did meet with Will and Tammy.

Kevin Winternheimer: Yes. Yes, we reviewed the bids.

Commissioner Mourdock: I would move, as stated by Mr. Fosse, contingent upon finding all funding that this be approved.

Commissioner Mosby: Second. Is there something that you want to add?

Kevin Winternheimer: Well, I was going to say, until you have funding, I was recommending we not make an official award, but you did say–

President Fanello: You said–

Kevin Winternheimer: –contingent upon, yeah.

Commissioner Mourdock: Contingent upon funding.

Commissioner Mosby: Yeah, pending funding.

Kevin Winternheimer: Okay.

Commissioner Mosby: Pending funding, I will second that motion.

President Fanello: So ordered, and we do have one million in place, so, what we’ll do is file an appropriation for the remaining amount.

Will Fosse: Alright. Fine.

President Fanello: Thank you, Will.

Will Fosse: Thank you very much.

Commissioner Mosby: Thank you.

President Fanello: Next item is Phil Lawrence.

Phil Lawrence: Thank you. I have a summary of things I have. First one being permission to advertise VC021-2003, Burdette Park Electrical Upgrade, which is the upgrade of all the electrical in most of the chalets. Ad dates 12/20, 12/27. Opening date one, January 6, 2003.

Commissioner Mosby: What are we doing to the chalets?

Steve Craig: (Inaudible. Not at mike.)

Commissioner Mosby: Okay. I was going to say, I didn’t know anything about chalets. This being changed from chalets to campground, I’ll make a motion of permission to advertise for campground upgrade on electrical.

Commissioner Mourdock: Second.

President Fanello: Before I say so ordered, who’s writing all the specs?

Phil Lawrence: I am. They’ve gave me the technical specifications–

President Fanello: Okay.

Phil Lawrence: –all I need to put together is the purchasing part.

President Fanello: So ordered.

President Fanello: Next item. Go ahead.

Phil Lawrence: I’m sorry. Second, permission to award VC026-2003, towing contract. There are actually three contracts. The first two are, one is towing of abandoned vehicles, and towing of nuisance and wrecked vehicles. My recommendation is for the most responsive and responsible. I am recommending a split award. Hamrick’s Diesel gets districts two, three and five. St. Wendel gets districts one and four.

Commissioner Mourdock: And by most responsive and responsible, does that mean who’s available at that given moment?

Phil Lawrence: Yes.

Commissioner Mourdock: Okay. So, if something happens in district three, your first call goes to Hamrick, always.

Phil Lawrence: Always.

Commissioner Mourdock: But, if they’re not available, it would go to someone else in district three?

Phil Lawrence: Not really. Actually, district two, three, and five strictly goes to Hamrick’s. Districts one and four go to St. Wendel.

Commissioner Mourdock: Okay.

Phil Lawrence: St. Wendel, I mean, the district one and four is extreme west side.

Commissioner Mourdock: Right.

Commissioner Mosby: Okay, and the question I have here, I guess, you’re saying by most responsive this is not the low bid?

Phil Lawrence: Correct.

Commissioner Mosby: Okay, because, I mean, I have a question about that, and, I mean, I have a problem, I guess, I’ve talked with you, I’ve talked with the Sheriff, and I hear us saying most responsive, most responsible, but nobody had documented why this is the most responsive, most responsible.

Phil Lawrence: Okay.

Commissioner Mosby: And nobody has documentation, you know, on any problems. I see in your spreadsheet, which I don’t understand why we have bidders bidding hourly rates–

Phil Lawrence: They have, that’s what they submitted. I mean, they were told to bid one way, and they bid another. I can’t stop them. Mike’s last year bid hourly rates, and, I mean, we accepted them last year. This year the other guy chose to–

President Fanello: Did you ask for a flat fee?

Phil Lawrence: Yeah.

President Fanello: Then why did we accept the bids if they’re–

Commissioner Mosby: I was going to say, I don’t know how to distinguish the two. I can only say, being in the towing business before, when I see a $75 an hour bid against an $85 flat fee, it is pretty obvious to me, drive time, recovery time, tow time, and out-of-the-box time, I’m going to say that that’s going to easily become $150 bid against $85.

Phil Lawrence: At some times that’s correct. I think, and perhaps I don’t have the documentation from the county side that I had from the city side, but I’ve got a whole sheet of documentation as to the problems that we had with Mike’s towing for the last two years. I mean, I wrote Mikes’ on February 2^nd, and told him that he was in breach of contract for several things. Every two months, at least with the city, he’s been 70 cars behind on the abandoned vehicles. In fact, today I understand the city called Hamrick’s and told them to take the rest of the 60 vehicles that Mike was supposed to pick up that he has not picked up yet. So, it’s, I mean, if saving money and having Sheriffs in certain places for two hours because someone doesn’t show, I mean, that’s certainly your call.

Commissioner Mosby: Okay, are you going to give me documentation on that?

Phil Lawrence: I certainly can.

Commissioner Mosby: On the, I mean, I asked for that the other day from you through the county, and you said you had nothing on the county.

Phil Lawrence: I have very little on the county.

Commissioner Mosby: Okay, well–

Phil Lawrence: The Sheriff can–

Commissioner Mosby: I’m not concerned with the city right now.

Phil Lawrence: Okay.

Commissioner Mosby: Okay. I’m not concerned with the city. I mean, I’m looking at a bid that is, per se, going to be doubled on some things. On county owned vehicles, you know, I’m looking at that too, and there’s no way that these bids, you know, are even close.

President Fanello: Anybody have any comments?

Commissioner Mourdock: Yeah, do you have the break down in front of you? I have just the annual (Inaudible).

Commissioner Mosby: It was in this folder.

Phil Lawrence: Yeah. I’ve had it a couple of weeks now. A month or so.

President Fanello: My only question would be to Kevin. If we ask them to bid on a flat fee, and they bid on an hourly, what do we do?

Kevin Winternheimer: Well, it’s exactly as David said, it’s hard to compare apples and oranges. Because one is bidding flat fee–

President Fanello: Because I can’t–

Kevin Winternheimer: –and the other is bidding an hourly rate.

Commissioner Mourdock: But, let me clarify. If someone bids at a flat fee, if they bid $85 versus 75 bucks an hour, that means if it takes them three bucks, or, I’m sorry, three hours to get it, you still charge them 85, or they still get 85 bucks, right? That’s a flat fee?

Commissioner Mosby: That’s what I was talking to him about rate. I mean, I can’t...drive time from, if you’re going way out in the county, I mean, you’re going to have two or three hours invested in a run, which is going to make a run $225, as opposed to $85. That to me is not being responsive to the public. And county owned vehicles is on the second page, where we’ve got $35 bids against no charge. Or 30 and 20. I mean, I will just say, if Mike’s is in violation of the contract, then they need to be notified of that via a, you know, registered letter–

Phil Lawrence: Yeah, they’ve given–

Commissioner Mosby: –given 90 days to–

Phil Lawrence: They’ve received several.

Commissioner Mosby: Okay, I mean, did you follow up on them?

Phil Lawrence: Every time.

Commissioner Mosby: I mean, did they–

Phil Lawrence: I mean, Safety Board, I mean, this is city. I mean, the county I don’t get as much information. I get city because I’m here everyday, and they’re right down the street. Basically, Eric said if they’ve got a problem, we’ve got a problem. So, that’s–

Commissioner Mosby: And I had this conversation with the Sheriff today, and it’s like I told him, if you have a problem, I don’t have a problem with you sending them a registered letter, give them 90 days to clear it up, if they don’t clear it up, just come back to this board. I mean, we can null any contract.

Phil Lawrence: Right.

Commissioner Mosby: I mean, if they’re in violation of it, that’s fine. I mean, if there’s a problem with the lot, then I suggest they straighten the lot out. If there’s a problem with the equipment, they need to straighten the equipment out. If there’s a problem with service, through any of our public safety officers having to wait, then I suggest they straighten that out. I suggest they be given a 90 day notice to do that, so.

Commissioner Mourdock: Is that a motion? You say you suggest they be given a 90 day notice. Is that a motion?

Commissioner Mosby: Upon that, I will make a motion to accept Mike’s towing as low bidder–

Commissioner Mourdock: Well, that’s–

Commissioner Mosby: –and given a notice that if the Sheriff has problem, they straighten it out.

Commissioner Mourdock: Okay. That was different than what I thought I heard you referring to.

Commissioner Mosby: Okay.

Commissioner Mourdock: I thought I heard you referring to the contract as an issue–

Phil Lawrence: Right.

Commissioner Mourdock: –and should there be 90 day notice given to the contract.

Commissioner Mosby: Well, we’re voting on the contract. This is–

President Fanello: The contract is up–

Commissioner Mosby: This is going to be the contract right here.

President Fanello: –December 31^st, right?

Phil Lawrence: It’s actually November 1^st.

Commissioner Mosby: Yeah, we’re behind on that.

President Fanello: November? Okay.

Commissioner Mosby: I’m saying, I’m making a motion that we take the low bid.

President Fanello: I have a hard time comparing them, because they’re on two different–

Commissioner Mourdock: Uh-huh.

President Fanello: I can’t compare them.

Phil Lawrence: Yeah.

Commissioner Mourdock: How can that be resolved?

President Fanello: I don’t know, because if we put it out to re-bid, they already know, we’ve already given the information out here.

Phil Lawrence: Everybody–

Commissioner Mourdock: Well, I mean, we’ve done that before.

President Fanello: Yeah.

Commissioner Mourdock: I understand when you put something out for bid, in a sense, you’re giving everyone a second bite at the apple,–

President Fanello: Uh-huh.

Commissioner Mourdock: –but we have done that before, if that’s the best path.

President Fanello: My opinion would be we throw them out, because they’re not comparable. That’s my opinion. I don’t know, I would defer to the County Attorney for that, but–

Kevin Winternheimer: That’s always an option you have. The question, I guess, becomes with the low bidder, as David pointed out, is in your case, and your case may not be the same in the city, but in your case is the performance satisfactory? I guess, the one’s who would answer that, primarily, would be the Sheriff’s department. I guess, they’re the main users of this service, and the County Garage, I guess, and your other departments. If I’m understanding the whole conversation, I’m not totally familiar with all the facts here, but if I understand it right, in Mike’s bid he did comply with your request and put flat fees.

Phil Lawrence: Right.

Kevin Winternheimer: But, the other bidder had some instances where he put hourly rates–

Phil Lawrence: Correct.

Kevin Winternheimer: –instead. So, the question is, I guess, before you decide to re-bid is do you want to do that again? Or is it even necessary, if you’re satisfied with the bids that you received, and the low bid being in compliance with both the standards you expect, as well as, did he properly fill out his bid?

Commissioner Mourdock: I’m hesitant to do anything, and, Catherine said something to me about contingent, I heard the word, and in this sense of signing a contract, I’m personally hesitant to do anything that is contingent. But, I do agree, Catherine, with what you said before. I think it’s very hard to evaluate these. I would feel comfortable if we put out a bid and said, the only way you are going to bid this is on a flat fee. If the people who previously bid it hourly, with the thought in mind that David is presenting that they know it’s going to be two or three hours, if they don’t like it, they are not going to return that on a second bid basis. If that’s what it is, that’s what it is. The second issue, and it’s a separate one, I understand, and it may be a greater issue to the city than the county, but regarding the service under the terms of the contract, certainly, if we know, and if the Sheriff or others within the county want to let us know that we need to pursue some action, at least as far as a letter to clarify that service, then we ought to do that as well.

President Fanello: I think the, in the bids, and I’ve glanced over the bids, I mean, we need to document what type of service levels we expect in the bids.

Commissioner Mourdock: That’s a good point, and certainly what is grounds for immediate termination.

President Fanello: Because my only, I mean, my issue with that, we don’t have any documentation at this point, and the county....I haven’t received any documentation.

Commissioner Mourdock: Okay. Well, let me do this, I’ll move that we throw out all bids, and re-advertise, specifically, with the only way bids will be accepted will be on a fixed fee basis.

Commissioner Mosby: I’m not seconding that.

President Fanello: I’m going to second it, because I think we ought to throw them out.

Commissioner Mosby: I mean, I’m only going to say–

Commissioner Mourdock: I’m sorry, Catherine.

President Fanello: Second.

Commissioner Mosby: –I think that–

Commissioner Mourdock: Okay.

Commissioner Mosby: –it puts them at a disadvantage now that you have the bids on paper. It’s obvious to me, if somebody bids $75 an hour, if they thought it was going to take one hour, they would have bid $75. It’s obvious it’s going to take over an hour, and that bid is going to be higher.

President Fanello: That’s why I don’t think–

Commissioner Mourdock: And if that’s–

President Fanello: That’s what he’s saying. He doesn’t think they will bid lower than that.

David Bunner: Madame President, may I?

President Fanello: Sure.

David Bunner: Mr. Hamrick, one of the bidders is here, and has asked me to inquire as to whether he could address the Commissioners on the issue of the hourly fees?

Commissioner Mosby: Sure.

President Fanello: Does that please the board?

Commissioner Mourdock: State your name, please.

John Hamrick: John Hamrick, owner of Hamrick’s. The reason I bidded that by the hour, now, there are certain things on these newer trucks you can’t expect a person to go out there...I mean, supposing we have a tractor trailer turned over in the middle of the highway, do you all expect me to go out there for $75, and turn that vehicle over? And he’s lost his load everywhere. Do you expect me to do that for that kind of money?

Commissioner Mosby: I’m going off what the other bidder has bid.

President Fanello: Uh-huh.

John Hamrick: Well, if anybody’s doing that for $75, they’re not going to be in business for very long.

Commissioner Mosby: I got one bidder at $85, and one $75.

John Hamrick: You go out and you get these trucks, they’ve got air brakes on them, and they’re wrecked, all these trucks have to have the brakes backed off on them before they can be moved. You’ve got to pull the drive shafts and transmissions on these trucks. My bid was for big trucks only. One tons and bigger. There was no hourly on the small stuff.

President Fanello: Well, and you’re not the low bidder on the hourly though.

John Hamrick: On the hourly?

President Fanello: Uh-huh. Because the towing of autos, Mike’s is the low bidder.

John Hamrick: Okay, but, you know, you have to pull the drive shafts in these trucks, and all that stuff takes time. That adds up. Who’s going to pay for that?

Commissioner Mosby: Well, that’s exactly what I just sat here and said, and you’re saying that I’m right.

President Fanello: Uh-huh.

Commissioner Mosby: I mean, I’ve got one guy that bid $85, and you bid $70 an hour. You’re telling me that it’s going to take two or three hours. Three hours times 70 is $210 opposed to an $85 bid.

John Hamrick: If I go out and pick one up, and it takes an hour, that’s what will be charged, an hour.

Commissioner Mourdock: My response to that is if the bid is for a flat, fixed fee basis, per occurrence basis, that what you would submit as a bid would be something that’s comprehensive. You probably are going to lose money on some of them, and you’re going to make money on others.

John Hamrick: The present tower that you have is not even doing the big stuff. They’re subletting that out to a wrecker company in Corydon, Kentucky. I know they’re not coming over and doing tractor trailers for $75 an hour. A flat fee of $75.

President Fanello: Well, my problem is, I mean, when we put these bids out, and it’s not just this bid, but I have to look at all the bids we look at, and when we ask for them to be bid a certain way, if they’re not bid that way, then to me they are a non-responsive bid.

John Hamrick: Well, I can’t bid those at, you know, a flat fee on that, because on trucks as you go out, you never know what you’re going to get into with them. You never know what you’re going to run into. I mean, they are liable to be down....in the county especially, not in the city, but in the county. They are liable to be down an embankment, in the middle of the median somewhere, out in the cornfield. You don’t never know what you’re going to run into when...you have to protect yourself. That’s the reason I bid it by the hour.

President Fanello: See, I have to be consistent, and since I’ve been on this board I’ve tried to be consistent with our bids. If we’ve asked for it to be a certain way, and it hasn’t been bid that way, to me it’s a non-responsive bid. I mean, that’s why we put the specs in there.

John Hamrick: Well, if you want to do it that way, that would be fine. I could re-submit it.

Commissioner Mosby: Are you going to re-submit at a flat fee?

John Hamrick: Yes.

Commissioner Mosby: Okay, well, because you just–

John Hamrick: But, I’ll have an attached sheet to it.

Commissioner Mosby: Well, because I was going to say, because you just stood there and said I can’t bid it that a way.

John Hamrick: I just said I’ll bid it again.

Commissioner Mourdock: Yeah, I think in response to the comment I made that you would bid it in a comprehensive way. You might make a lot of money on some jobs, and you might lose money on some jobs. You just have to average it out.

John Hamrick: That’s exactly right. You can’t, I’ve had wreckers for 30 years, and messed with semis for 30 years now. You can’t do it like that.

Commissioner Mourdock: I understand that.

John Hamrick: I worked the county many, many years before when I was with Walt’s, and you just can’t do it by the job.

Commissioner Mourdock: Yeah, when we bid this, Phil, did we bid it for, as Mr. Hamrick said, he only bid the large trucks, is that correct?

John Hamrick: Large and the small ones.

Commissioner Mosby: He only did hourly rates on the large.

Commissioner Mourdock: Okay, but he bid on the other vehicles, okay. Well, I’m just wondering is, if we do, or when we do re-bid this, if we give bidders who would only be responding to large trucks some other way of looking at it? That’s just a thought, because, certainly, it’s different than somebody’s VW Bug.

Brad Ellsworth: Brad Ellsworth, Sheriff Vanderburgh County. A couple of the things, and I’ll be glad to, from this point, since notification today to keep what I think, if I can get a copy of the contract to see what the stipulations are, but of things that would concern the Sheriff’s department, obviously, is timely service. I know a few years ago when we did this, there was difference in time, and I felt that a wreck in the county, my guys standing in the middle of the street, traffic safety is just as important as in the city. If there is a 20 minute in the county, in the city, it ought to be 20 minute in the county also. Response time. I don’t think there is anything that makes the citizens of Vanderburgh County less important. It would be important to us to have safe service. Drivers who know what they’re doing, and know what to do when they get there. They have the right equipment to do it when they get there. And it’s full service. That they clean up. That’s, I think that’s in the contract that they sweep, and keep the trash up, and they do that. Also that the yards, and it’s convenient for the citizens. I know that the first place most people stop when they want to find out where to get their car, is the Sheriff’s office is the one that has to send them, and tell them how to get there. If they get out of jail, and they’ve been, their car has been taken from, we have to tell them where to get there, and how to get there. That there is secure storage. I know that’s in the contract for narcotic seizures, and sometimes cases are extremely important that our cars are secured in a safe manner. This might could be a, you know, murder committed in a car, where we have to have that secured scene, and I would insist on that from whoever gets the contract. Then ease of entry. You know, that it’s kept in a fashion that we can get in and out, and the citizens get in and out of the tow yard and get their vehicles in a timely fashion. Also that the wrecker drivers keep their equipment in a safe and operable manner. I’ve seen some that, in fact, I almost pulled a guy over a couple of months ago, in a wrecker, that looked like a mosquito fogger going down the road, and it turned out to be one of our wrecker drivers who we have our contract with. So, I would ask the Commission that, you know, that’s embarrassing, the one that we use. I might have towed it with their own wrecker, another one of their own wreckers. So, that’s just something, some of the things, but I will start keeping, and insist that we document, from this point forward, any complaints. Whoever this goes to, and provide that to the Commissioners in a timely fashion. Thank you.

President Fanello: Thank you, Sheriff.

Phil Lawrence: I guess, I would suggest that we wait on this. Well, it’s up to you. It’s your pleasure. Storage of nuisance, wrecked and impounded county vehicles, Hamrick was the low bidder. I mean, it’s your pleasure.

President Fanello: Okay. Anybody have any questions about the storage? That was a separate bid, right?

Phil Lawrence: A separate contract.

Kevin Winternheimer: Let me, let me ask–

Commissioner Mosby: If you’re gonna re-bid one, you just re-bid them all.

Kevin Winternheimer: Well, I was going to say, that would be awkward if you get a different tower.

Commissioner Mosby: Exactly.

Kevin Winternheimer: If it comes at a different (Inaudible).

Commissioner Mourdock: Is that not what you were saying? I thought that’s what you were indicating.

Phil Lawrence: No. It’s probably best that we wait. Since, if we have–

Commissioner Mosby: I’ll just make a motion that we re-bid them all.

President Fanello: Okay.

Commissioner Mourdock: Okay. Second.

President Fanello: So ordered.

Phil Lawrence: Next is to award APA017-2003, guardrail. St. Regis was the low bidder on that.

Commissioner Mourdock: Move the award as recommended.

Commissioner Mosby: Second.

President Fanello: So ordered.

Commissioner Mosby: Did you give us something on that? Was there just one bidder?

Phil Lawrence: No, there were four. I didn’t do it. John did the tabulation on that. He uses most of the, Stoll, most of the guardrail. He did the tabulation for guardrails.

Commissioner Mosby: Okay.

Kevin Winternheimer: Before Phil leaves the podium. Do you want to go ahead and set a bid date for those towing bids? When we can...I don’t know how much lead time you need to advertise it.

Phil Lawrence: It takes, it typically takes a month.

Kevin Winternheimer: Okay, so, do you want to set sometime in January then to–

Commissioner Mourdock: Yeah, I’ll move a bid date of January 27^th? The 20^th is a holiday, I think. Is it not?

President Fanello: Right.

Commissioner Mourdock: Okay, January 27, 2003 as the bid date.

Phil Lawrence: As the open date?

Commissioner Mourdock: Right.

Phil Lawrence: Yeah, the open date.

Commissioner Mourdock: Right.

Commissioner Mosby: Second.

President Fanello: So ordered.

Commissioner Mosby: I guess, my other question would be here then, Mike’s towing contract runs out, what, December 31^st?

President Fanello: It’s actually in November.

Phil Lawrence: It actually ran out in November. We just continued to go month to month.

Commissioner Mosby: Okay. I was going to say, do we need to extend that, or make a motion to extend it?

Kevin Winternheimer: Does the language in the contract automatically extend it? I don’t–

Phil Lawrence: We extended it last year. So, it–

President Fanello: So, it actually–

Commissioner Mosby: Last year.

Kevin Winternheimer: Is that okay? He’s nodding that he’s okay with that, so.

President Fanello: I do have one other, two other, actually, on the back page of what I just gave you. Permission to roll the page contract for one additional year. Cater Paging is the vendor. There are actually four local vendors, and none of them wanted to bid on the service. It was too cheap. Cater guaranteed his price for another year. So, I think that would be in our best interest to renew that contract.

Commissioner Mourdock: So moved.

Commissioner Mosby: Second.

President Fanello: So ordered.

Phil Lawrence: Finally, permission to advertise APA022-2003, computer and copy paper. The ad dates would be the 20^th, 27^th, and open on January 6^th. This is all the copy and computer paper for the city and the county.

Commissioner Mourdock: I’ll move permission to advertise.

Commissioner Mosby: Second.

President Fanello: So ordered.

Phil Lawrence: Thank you.

President Fanello: Thank you, Phil.

President Fanello: Next item is open bids for St. Wendel Road Bridge Replacement.

Kevin Winternheimer: Before I start, are there any bids from the audience on this? Seeing none. The first bid is from Blankeberger Brothers, Inc. from Cynthiana, Indiana. It’s an itemized bid. Let me find the total. Total bid $147,334.20. The next bid is from Deig Brothers Lumber and Construction Company, Inc. of Evansville. Their total bid $145,973.08. Next bid is from Accurate Underground Utilities, Inc. from Evansville. Their total $172,550. The next bid is from D.K. Parker Company, Inc. of New Harmony, Indiana. Their total, $137,033.80. I’ve got one more. The last bid is from, is it Ragle? R-a-g-l-e, Inc. from Newburgh, Indiana. Their total bid, $128,858. That’s all the bids I have.

Commissioner Mourdock: I’ll move we take bids under advisement.

Commissioner Mosby: Second.

President Fanello: So ordered.

President Fanello: Next item first reading of GASB34 ordinance, capital asset policy.

Commissioner Mourdock: I don’t know that we, and I hope we don’t have to read all this into the record, especially as first reading.

Kevin Winternheimer: No.

Commissioner Mourdock: Let me just read in the pertinent part here, that what we’re putting before the Commission tonight is an ordinance establishing a capital asset policy for Vanderburgh County. This is something being recommended by the County Auditor. Suzanne, any comments regarding that?

Suzanne Crouch: No.

Commissioner Mourdock: Okay. Anyone here to comment on first reading? You startled me. I thought we had someone for the first reading of an ordinance. I don’t think that’s ever happened in eight years. Seeing none, I would move approval on first reading.

Commissioner Mosby: Second.

President Fanello: So ordered.

President Fanello: Next item is Health Department.

John Heidingsfelder: Hi, John Heidingsfelder, County Health Officer. I wanted to come by and talk to you a little bit about smallpox, and to also introduce Dr. Pulcini, who wants to say a few words to you about our building committee, a sub-committee of the board. November 22^nd, a few weeks ago, we had a conversation with State Health Commissioner, Greg Wilson, and he informed us of the decision of the President and the CDC to initiate an accelerated immunization program for the American people against smallpox. Now, smallpox is a disease that was eradicated in the 1970's, but is a potent, potential bio-terrorism agent. The plan that the Commissioner presented to us was a very accelerated plan, which called for us to begin immunizations, actually, before Christmas of this year. The plan has been modified somewhat in the last several days, because of liability issues relating to the administration of the vaccinia, smallpox immunization vaccine. Such that the federal legislation will not cover liability to hospitals, and to health care providers, and to individuals until after January 24^th of next year. Legislation has been passed under the Homeland Security Act, which would allow the federal government to absorb that liability risk. So, that the program which was to have begun before Christmas of this year, has been put off until January the 24^th. Phase one of the smallpox immunization program involves immunizing public health teams, who’s job it would be to immunize other people, and to also establish teams related to hospitals. The purpose of the teams at the hospital is primarily to care for individuals who may develop smallpox for the first seven to ten days of their illness. So, the public health team’s purpose is primarily to immunize people at the hospitals, who then may immunize other hospital employees. Phase one involves the Health Department immunization of it’s own personnel, and selected teams on a voluntary basis, from hospitals on a voluntary basis. Phase two, which is to follow very soon, or immediately after phase one, involves offering the immunization on a voluntary basis to all health care providers, all hospital employees, all emergency and public service employees, which would include police, fire department personnel. Emergency medical services personnel. The numbers that we’re looking at for the first phase are probably in our region, and I need to mention to you that the State Health Commissioner has appointed Vanderburgh County Health Department to be the lead agency for 11 counties in southwestern Indiana. There are some responsibilities that I could talk to you about that, along those lines, but, basically, we’re going to be responsible for the security and the handling and the distribution of the smallpox vaccination. At any rate, the phase two would involve immunizations on a larger scale. I think, in phase one we’re looking at probably 300 people being immunized. In phase two you’re looking at all hospital emergency, fire, police, EMT’s, you’re probably looking at thousands of people that are going to need to be immunized. The immunization is not a simple, as simple as it was back in the 1970's, for those who may have received a smallpox vaccination back then. You go in, you got your arm scratched, and you walked out, and that was about it. They’re trying, the CDC is trying very hard to minimize the number of people who may develop complications of the vaccination, and to minimize the number of people who may die from the vaccination. There is a ten page protocol that we have to go through with each person to be vaccinated to determine whether or not they meet the criteria to be vaccinated at this time. Phase one and phase two involve medical personnel. Phase three is the immunization of all the American people, on a voluntary basis. It’s projected that this would begin until late 2003, or early 2004, but the medical personnel should be in place and immunized well before that time. So, that, at least for now, I think, that in the next month or two, or three months, we’re going to be looking at an immunization of phase one, Health Department, and immediate teams. Then, phase two would be all medical type personnel. I’ve been assured by the State Health Commissioner that any expenses incurred related to what we have to do will be paid for through federal funds, through the Bio-Terrorism Funds. Of course, you have to keep track of those monies, and you have to, I guess, file the papers at the right time to get reimbursed. So, I’m, and that’s an important issue, because we’re looking at a significant expenditure of Health Department personnel, and time in carrying out what the State Health Department and the CDC wants us to do. But, I’ve been informed that it’s a budget neutral thing. Now, one of the things that we’re looking at is that I may need to be coming to you in the near future to ask you about, perhaps, use of public facilities for immunization clinics. I may be asking you about agreeing to contracts for personnel, perhaps hiring of personnel if we don’t have enough personnel within the Health Department, but to look expeditiously at any contracts that we may ask you to look at, so that we can move quickly to do what we need to do. I don’t know if you have any questions about any of this. I know a lot of it has been in the media lately. But, that’s, basically, where we are right now. It’s been a very, it’s been like an emergency, accelerated plan. Usually, what has been requested of us is something you do over several months. They are asking us to do it in days to weeks.

President Fanello: Does anybody have any questions?

Commissioner Mourdock: I have two areas of questions. First of all you said you might have to, well, you said there may be significant expenditures. I’m going to ask you to define that. Significant, I guess, means you really don’t know what they will be, but they will be a lot.

John Heidingsfelder: Well, if we have to have a place to put the clinic, the personnel that we’re committing–

Commissioner Mourdock: Okay, that’s question number two. Let me jump to that, because you said you may have to hire other personnel. If that happens, are those part of the revenue neutral? Is that, in fact, going to be covered under the Federal Bio-Terrorism Funds?

John Heidingsfelder: It’s my understanding that it will be.

Commissioner Mourdock: Okay.

John Heidingsfelder: Some of the contracts may have to do with the handling of personnel. It can get a little bit complicated with having county personnel working overtime, on weekends to have a clinic such as this. It may be expeditious to have a separate agency, a non-profit agency handle the personnel issues, and actually apply for the funds from the state and federal government to pay for the personnel expenses. Rather than directly running them through our budget.

Commissioner Mourdock: On the facilities side, if, in fact....if, in fact, you need some other place to do this, I assume, again, based on what Catherine just showed me, the letter from the governor, and what you’ve said, that all those costs would be covered, but are there certain standards that have to come into place as to what the facility would be itself? Where you would be doing the immunizing.

John Heidingsfelder: Very specific standards.

Commissioner Mourdock: Are there any buildings in the community that you might think–

John Heidingsfelder: We’re looking at the hospitals as supplying space, potentially. We’re looking at, depending on which phase you’re talking about, maybe the use of public facilities such as the Centre, the C.K. Newsome Center. We’re looking at each of these facilities as far as space, the way the space is arranged, and the functions that have been enumerated to us as to how we need to do this.

Commissioner Mourdock: But, would a place like the Centre function for any other epidemiological needs that you have. I can never say the word. I try.

John Heidingsfelder: Epidemiological. That’s a good word.

Commissioner Mourdock: Thank you.

John Heidingsfelder: Possibly.

Commissioner Mourdock: Okay, so–

John Heidingsfelder: So, phase one and phase two is coming down the pike pretty soon. Phase three may be towards the end of next year, or early 2004.

Commissioner Mourdock: Okay.

John Heidingsfelder: It’s a big project, and it’s been presented to us in very short order. The State Health Commissioner is also trying to respond to the directions from the Center for Disease Control. Of course, with the backing of the President.

Commissioner Mourdock: One last one I just thought of. Because of the liability aspect does that mean you will not be starting the process until the 24^th?

John Heidingsfelder: The first immunization will not be given until the 24^th of January. That’s correct, sir.

Commissioner Mourdock: Okay.

John Heidingsfelder: So, that everyone will be covered under the new federal law that’s been passed.

President Fanello: Any other questions?

John Heidingsfelder: I would like to pass the torch to Dr. Pulcini so he may continue the discussion.

President Fanello: Thank you.

John Pulcini: Thank you. John Pulcini, board member of the Board of Health. Chairman of the search committee, and all it’s attendant requirements. I’m here to, on behalf of the board, and the department, to reiterate, briefly, what Dr. Heidingsfelder’s concerns are. Public health, in the past, was pretty much taken for granted, ladies and gentleman. Today, with the new evil forces that are in this world, we can no longer do that. With our county agency being designated the lead agency for 11 counties, there are extra significant demands that are going to be placed on this agency. They are, I think, a very fine agency, working in very difficult surroundings. This brings back memories of some of the meetings we’ve had here in the past, and I would like to back up and refresh our presentation to this Commission, which we very dearly wish to work with, and to accomplish our needs. The present Health Department is located in this building in a very cramped and difficult space in which to deliver the services that we need to do for those that are ill, as well as those that are not ill, that come here for various records and vital statistical information. At present, it’s in this very critical complex, governmental building. I want to re-emphasize that, because I’m going to come back to that statement. At present we’re in approximately 10,814 square feet. And we’re dealing in cramped quarters where we have patients, and private customers coming, without health needs, down very long hallways. There is no close parking for the ill patients. We have patients actually being served in the hallway, and interviewed in the hallway. There are various governmental requirements coming down the pike. An eponym called HIPPA, it’s truly a hippopotamus. It is such, it is well meant in the way of privacy and concerns and delivery of health care, but it is a supreme burden being placed on all health care facilities. Not only the big ones, but governmental agencies such as our here at the Board of Health, and even in the little doctors offices. We, I think, will have very supreme difficulties conforming to those rules. I don’t know what implication that would have if we’re in default of the HIPPA rules. There are fines. Substantial fines, which we don’t want to even get close to. So, I bring back the fact that we are in this very important, centralized government building. We’re going to be dealing with public health issues that we hope and pray never occur. But, if they should, we’re in the wrong location. In the very wrong location. We don’t want to be here, where there is other governmental needs. In short, the scope of services for the Board of Health has been expanded substantially since the last time we were here to present to you. In short our space requirements remain insufficient. That’s the same. We believe that timing is very critical that we do some things to try to accomplish the needs of our department, and provide some relief of the dangers as we see ahead. So, I’m here asking that you consider entertaining a motion and acceptance of two items. The first is that we request that all of the Board of Health space that’s presently in this building be excluded from the space and allocation study. Removed, and that our space allocations be devoted to other governmental agencies that could use this space more effectively. We presently utilize about 10,814 square feet in a building that has 213,332 square feet. So, we’re a very small part. That does not, my estimation, include the jail. Secondly, we request that you consider a motion that the Commission agree in principal to expeditiously study, review, and, hopefully, approve the purchase or renting of a facility, not in this building, for the services the Board of Health needs to provide. After we, as the search committee, review it, and present it to you for your study. Two simple, what we think are very appropriate motions for you to consider. The Board of Health is very, very concerned that our ability to function is directly impacted by the people that work in that department. Secondly, by virtue of the fact that we are located in this building, you have some influence on how well we can perform. So, we respectfully request you consider those two motions.

President Fanello: Did you, have you, did you take proposals on, did I hear that you got some proposals on–

John Pulcini: Yes, we did. Yes, we did, Ms. President. We had five. We reviewed them last Friday, and of those five, we believe four are worthy of further review. One, two of them are previously, were previously on the docket of a previous review. The other two are brand new. We are going to be doing the site searches.

President Fanello: Okay.

John Pulcini: All of those were rentals. One was a proposal for possible purchase. I can’t tell you the price.

President Fanello: Will you be sharing those with us, so that we can take a look at them?

John Pulcini: Oh, yes.

President Fanello: Okay.

John Pulcini: We would like to make a site visit before we–

President Fanello: Okay.

John Pulcini: We’re going to distill a little bit. That’s really part of our operation is to try to pre-search, and we’ll, certainly, give you any, answer any questions you have regarding as to why we eliminated certain of those.

Commissioner Mourdock: Go ahead, David.

Commissioner Mosby: You say you’ve done, I guess, got the proposals in. How did you go about, what criteria, or how did you go about contacting people to send a proposal?

John Pulcini: What we did, it was published in the paper, like we’re supposed to do. And they responded to the advertisement in the paper. We had a, and then after they responded, then we gave them each a standard form, because you just had some experiences about inconsistencies, and asked them to fill in those spots. Some of those need to be refined, but the basics that came back, Commissioner, were reasonable to at least consider. That’s all we’re doing is considering. We’re not...the other one was just not appropriate for what we’re considering (Inaudible).

Commissioner Mosby: Are you still open to proposals?

John Pulcini: Pardon?

Commissioner Mosby: Are you still open to proposals?

John Pulcini: In principal, I suppose, we can be. The only thing that I have a question about, and that was raised at our little sub-committee meeting, was that in all fairness to those people that were asked to perform within a certain deadline, we felt we should review these first. We’re certainly not in a position where we’d say if none of these were considered appropriate, we’ll move on, and keep on looking.

Commissioner Mosby: I mean, I don’t know who submitted proposals to you, but I just know that over the last six months I still have four or five people calling me, and asking me if the Health Department was going to take proposals. I had no idea you were doing this, so. I mean, I didn’t see anything come through–

John Pulcini: It was published in the paper.

Commissioner Mosby: –that said you were out doing this. That’s why I’m wondering if you’re still open to proposals. I mean, I hate the fact that I told them we weren’t accepting them at this time, and, I guess, you were.

John Pulcini: Well, I would ask Mr. Winternheimer. Technically speaking, since I’m not privy to what the rules are, exactly, but it would seem to me, that since we had put a deadline on some, I didn’t know whether it would fair to reopen it again. I don’t know.

Kevin Winternheimer: I think you could. You could entertain proposals (Inaudible). Have a new deadline, whatever. Let the others, sorry, let the ones that submitted modify them, if they wanted to. Anything to get the word out, because you have many criteria. Price is one important factor, but utilization of space, I’m sure, is up there equal with price, if not even superior to price, so.

John Pulcini: And location.

Kevin Winternheimer: And location, yes. But, yeah, I think you could.

Commissioner Mosby: I don’t know that any of them would, I mean, I’m just, I just happened to read your letter, I guess, here recently that you had did this, and told people that I didn’t know you were doing it.

John Pulcini: It was published in the paper, Commissioner. It really was.

Commissioner Mosby: I hope somebody wasn’t going to send you one, and I told them no. So–

John Pulcini: The only ones that I’m privy of are the ones that were submitted during that time frame that came to the department.

Commissioner Mosby: No, I’m just saying people have....I’ve talked to people over the last four, five, six months. Some as recent as two or three weeks ago. I told them, I didn’t think you was taking any proposals at this time. So, I hate the fact that I might have told somebody that, and you were, and me or you one is getting sued.

John Pulcini: Well, I tell you what, I think we should, I think we should be, as Mr. Winternheimer said, be open, because I think we need to, we need to look at all options, but timing we think is appropriately urgent.

Commissioner Mosby: I have no problem with you doing it. I just wish the communication was better. I mean, that’s the only, I mean, I understand the need here right now, so it’s definitely not a problem, you know, with what we’re doing. It’s just kind of like we don’t know which page each other is on. That’s the only problem I have.

Commissioner Mourdock: Along those lines, let me go ahead and say what I was about to say a moment ago, because that was one issue I wanted to deal with as well. You mentioned that you have the site review committee, and I know the Health Department because of your funding is somewhat independent of this board, in some ways. Would it be something your board would be willing to have on your site review committee if our Superintendent of County Buildings went to that meeting, or attended those site visits? So, at least we could then enhance communication between what you’re doing and this board. That way the Superintendent of Buildings wouldn’t have any voting responsibility with your board, or any decision making, but at least her presence there might somehow enhance communications. If that would be acceptable.

President Fanello: No, that would be Ms. Tammy McKinney. Right here.

John Pulcini: Oh.

President Fanello: And she works in our office full time. So, that way she could communicate back to us.

John Pulcini: I don’t have any problem with that. I think that would be fine. Be fine.

President Fanello: Okay.

Commissioner Mourdock: I think that might just help the communication.

John Pulcini: Anything that would expedite.

Commissioner Mourdock: Exactly.

John Pulcini: So, getting back to my two recommendations.

Commissioner Mourdock: Where I was going. Going to those two, in the order that you gave them, I’m going to re-state one. I’ll officially present it slightly different wording than you did, but I do think that it’s time that the Health Department have space outside this building, for a lot of reasons, many of those you mentioned, just as far as the actual shortage of space, but I continue to have concerns about the separate HVAC systems that you need, and, I mean, there are just a lot of reasons this building was never meant to be a health facility. So, I would move that this board commit to having the space currently occupied by the Health Department look to assign that to some other government entity when the space allocation is completed so that the Health Department may be moved out of this building. That is a motion.

Commissioner Mosby: I guess my only question is, why are we making that motion?

President Fanello: We haven’t really gone, I mean, Mr. Rector–

Commissioner Mosby: I mean, I don’t have a problem probably with the second motion that he stated, and that’s that this board, you know, look at moving the Health Department outside of the Civic Center. But, I don’t understand why, all of a sudden, we’re eliminating the Health Department from even being considered if, I don’t know, for any simple reason we wanted to keep one office down there or something for Dr. Heidingsfelder, or somebody. I don’t understand why we’re doing that.

Commissioner Mourdock: Okay, well, your comment about the second suggestion Dr. Pulcini made is why I kind of re-worded what he had said initially. Because I think it’s saying the same thing, but, you know, I think it’s important that this board act to send the message to the Health Department and the people they are working with in their search committee, that it is our intention to have them locate somewhere other than in this building. I think that’s what you’re asking for, and quite simply that’s what I’m trying to do with the motion. It would seem to me, with the space allocation study that we have on-going, since that is a formal process, that if we could say to Mr. Rector right now we voted on December 16^th to say that that space should be used for someone other than the Health Department, it opens the door to communications within this building to try to get other people looking at that space constructively. So, that’s my reason for doing it, but the second motion I agree with, or the second suggestion I agree with as well, David. If you want to do it that way, I’m fine with that.

Commissioner Mosby: I would rather just go with the second motion that this board is going to entertain in an expedient manner, try to find, or I’ll say space outside of the Civic Center to serve the Health Department’s needs in whatever fashion with the new mandates, or whatever, coming down. I mean, I’ll make that motion. I just don’t, I’ll leave it at that for a minute.

Commissioner Mourdock: Yeah, I’ll second that. As I said, I think it’s time to find some other space for the Health Department, so.

President Fanello: I’ll say so ordered.

Commissioner Mourdock: One out of two isn’t’ bad, John. It’s better than some of the other meetings we’ve had.

Commissioner Mosby: I mean, and I’ll say the only reason I didn’t...the first motion, I don’t want us to be binded to looking outside immediately, and accepting whatever proposal just because we say the Health Department has to be moved out. But, I am all in favor of what you’re trying to do.

John Pulcini: We appreciate this very much. Thank you very much.

Commissioner Mourdock: Obviously, I’m a barely ambulatory lame duck here, but–

Commissioner Mosby: I don’t look at it that a way. I really don’t.

Commissioner Mourdock: The comment again about the space allocation study, this board, and I know Dave Rector has spent a lot of time trying to figure out how we can use this space most effectively. I think the sooner they know that, yeah, it’s a done deal, meaning they, the Building Authority, that that space is going to go somewhere else, I think it’s going to help the planning for that group. So, it’s–

Commissioner Mosby: I really think once they see us doing this, and we find you something that, you know, they’ll make good use of that space, but I don’t want to see people pushing you out of here before we have anything, and everybody saying just take it, you know, whatever, just to get them out of here so we can have their space. I don’t want to do that.

John Pulcini: Thank you very much.

President Fanello: Thank you, Doctor.

Madelyn Grayson: We need to make a tape change, please.

President Fanello: Okay.

(Tape Changed)

Madelyn Grayson: Thank you.

President Fanello: Next item is voting machine application for reimbursement. The County Clerk has submitted a completed form for us to submit. I don’t know if the County Attorney has had time to review it.

Kevin Winternheimer: No, I have not seen the actual application.

Commissioner Mourdock: It’s very straight forward, and I take it she got this probably from the Secretary of State’s office.

President Fanello: Yes.

Kevin Winternheimer: It looks like a fill in the blank.

Commissioner Mourdock: It is exactly a fill in the blank. It’s, I think, Catherine, your intent with this, and I think it’s the correct one, is to put the Secretary of State’s office on notice saying we’re going to proceed in some way, but we don’t know yet how we’re going to do that. I think that’s appropriate. So, I would move that we send this application on.

Commissioner Mosby: Second.

President Fanello: So ordered.

President Fanello: Next item is precinct renumbering, and I don’t have anything in my packet.

Commissioner Mosby: I think we want a motion to hold that till next week.

Kevin Winternheimer: Yeah, if I might just give a little explanation. I just recently found out about this, and I think the intent was that we not have any gaps in our precincts. When we re-numbered precinct eleven in ward one, and moved that into whatever other ward, and there was another one, I believe it was in the fourth ward, or moved to the fourth ward, that left non-sequential numbers. I think they were concerned that there were, there was no 1-11 anymore. So, they want to re-number. However, I want to look into this a little further, because if you do that, then City Council has to go back and act again, because they operate on the assumption that there was no 1-11, as an example, and this may not be necessary. There may be some time lines involved that we may not be able to meet. I think by holding it off, it’s better than acting right now. Because I don’t, I don’t believe there is any specific reason other than just to avoid non-sequential numbers.

Commissioner Mourdock: Okay. Motion to defer.

Commissioner Mosby: Second.

President Fanello: So ordered.

President Fanello: Next item, I included in your packets for consideration the fixed fee contracts for Crowe Chizek and Baker and Daniels. I guess, would ask if you had any questions.

Commissioner Mourdock: Read them over, and, again, I see the numbers here correspond, roughly correspond with what you presented last week. I did do a little investigation with the school corporation, and for their, I think it’s just over $50 million bonding that they are doing for the proposed vocational school, they’re having all of the services provided at $250 per thousand of the bond amount. So, just as a rule of thumb, we’re not real far off of that, at least as I summarize these, but I thought that was interesting the way they bid it out, and, basically that was how the bid was responded to was $250 for everything. Good numbers to keep in the back of your mind, rule of thumb.

President Fanello: Thank you. So, do I have a motion to accept these?

Commissioner Mosby: I’ll make a motion that we accept the fixed fee.

Commissioner Mourdock: Second.

President Fanello: So ordered.

Commissioner Mourdock: Was that for both?

President Fanello: I’m sorry.

Commissioner Mourdock: Yeah, they were both one agenda item.

President Fanello: Yes.

President Fanello: The next item you have in your packet, and we will have something weekly for the bond issue on our agenda, but the next item you have is a resolution regarding the setting of a public hearing, and authorizing the publication of a notice of public hearing regarding certain related matters. Which, basically, to summarize means we desire to hold a public, the Board of Commissioners, desires to hold a public hearing pursuant to Indiana Code 6-1.1-20-3.1, regarding the consideration of the adoption of a resolution making a preliminary determination to enter into a lease with the Evansville-Vanderburgh County Building Authority to provide for financing for the project. Project meaning the jail project.

Commissioner Mourdock: And I’ll go ahead and, well, let me say first in reading through, and I know, Catherine, last week I asked that we get a list of pros and cons, and I know that that’s on the desk here–

President Fanello: Yes.

Commissioner Mourdock: –that I just arrived before we started the meeting, so I haven’t had a chance to read it. So, I will go ahead and move approval of the advertisement for the hearing, but I’m still going to keep my options open on that one.

President Fanello: Sure, and we still have time to make any changes. Baker and Daniels was supposed to send down a draft lease. I don’t know if Kevin has received it yet.

Kevin Winternheimer: I’ve received it, but I have not reviewed it.

President Fanello: Okay. Maybe before the next meeting we’ll have time to review it. If any of the other board members wants a copy to review, we can get a copy to them.

Commissioner Mourdock: I’ll second the motion to advertise.

President Fanello: And I’ll say so ordered. As I understand it, Madelyn, Baker and Daniels has already delivered to the newspaper the advertisement.

Madelyn Grayson: Oh, okay. That’s what I was going to ask.

President Fanello: Yes, and I have a copy to that effect in my packet here, and I can get you a copy for the record. If you want to make a copy, we can make one.

President Fanello: Next item would be anyone wanting to address the board in the public. Nobody.

President Fanello: Old Business. Any of the other Commissioners have any Old Business? I have one small piece of Old Business. I spoke with Mark Owen this morning, who is the President of our county Redevelopment Commission, and Clifton Gunderson will have their report at the beginning of this week. So, they desire to meet on Friday to approve, possibly approve the calculations and the form to send to the Department of Government Finance regarding the tax levy. They will also discuss the Lynch Road Project. So, they, we talked about us approving the advertisement for that.

Commissioner Mourdock: So moved.

Commissioner Mosby: Second.

President Fanello: So ordered.

President Fanello: If there is no other Old Business, we’ll move into New Business. I have two small items. We need to appoint our Area Plan appointment, since we are losing him at the end of the year. So, we would ask Ms. Crouch is she interested in serving on that board?

Suzanne Crouch: I would be honored.

President Fanello: Does the board want to make a motion to that effect.

Commissioner Mosby: I vote for Mrs. Crouch.

Commissioner Mourdock: How can I second that, she’s a friend of mine too.

Commissioner Mosby: I’m sorry Richard, I couldn’t vote for you.

Commissioner Mourdock: I will second that.

President Fanello: Okay, and I’ll say so ordered. We had one other–

Suzanne Crouch: (Inaudible. Mike not on.)

Commissioner Mourdock: It is. I like it.

President Fanello: It’s not.

Commissioner Mourdock: How do you know? You didn’t (Inaudible).

President Fanello: And now I won’t have to next year. The other one is our EMA Advisory Board, and I think they are just wanting us to re-appoint our members, which are John Buckman, Sheriff Ellsworth, and David Alexander. They needed these appointments before the 23^rd.

Commissioner Mourdock: I’ll move those re-appointments.

Commissioner Mosby: I was looking to see if he was...I second that.

President Fanello: Okay, so ordered. That’s all the New Business I had. If there is no other New Business, we’ll move on to department head reports.

President Fanello: County Engineer.

John Stoll: First item, I would like to request to, approval to hire the Glenn Black School of Archeology at IU for an archeological study at the Greenriver Road and Millersburg Road intersection, for an amount not to exceed $5,500. This is one of the things we have to do as part of the environmental work for that project. In their preliminary evaluation they said that there were some historic sites in the vicinity. Therefore, we’re stuck with this.

President Fanello: That’s one way to put it.

Commissioner Mosby: Motion to hire, what was the name of it?

Commissioner Mourdock: Glenn Black Laboratory.

President Fanello: Glenn Black Laboratory.

Commissioner Mosby: Yes.

Commissioner Mourdock: Funny, they seem to be the only one’s in the state who do that business, and they are a statewide agency. I will second.

President Fanello: So ordered.

John Stoll: There were no signature lines or anything on that letter. I’ll just get a P.O. on the basis of that letter.

President Fanello: Okay. Okay. Is this my copy for the record?

John Stoll: That’s a copy for the record, yeah. Next I would like to request approval of streets in Section Five of Clear Creek Village Subdivision. This is 899' of Big Hill Drive, 905' of Gish Drive, 691' of Imperial Drive, 845' of Valleyview Drive, 405' of Arbor Grove Court, and 345' of Harlie Court. It’s requested these streets be accepted for maintenance.

Commissioner Mosby: Motion to accept.

Commissioner Mourdock: Second.

President Fanello: So ordered.

John Stoll: Next I’ve got a change order on the concrete repair of various roads contract. This is contract number VC02-08-02. The cost increase is $11,122.34. The reason for the increase is there were just extra, there were additional areas of required patching on Vogel Road and in Copperfield Subdivision. We had overruns in concrete and rock in both those areas. It’s requested this be approved.

Commissioner Mosby: Motion to approve.

Commissioner Mourdock: Second.

President Fanello: So ordered.

John Stoll: Next I have the INDOT county agreements for the University Parkway Project. These are the agreements that obligate our local funds for the local match for the project. Basically, these are obligating $4,539,250 in county funds towards the project. It is, basically, an 80/20 split on the road portion of the project, and 100% local funding on the bridge portion of the project. We do have sufficient funds to cover this. Kevin has reviewed the agreements, and was okay with them, so it’s requested they be approved. There is one minor, well, there is potential for a change on this, because I received these agreements from the Local Assistance Department of INDOT. They have not received their final approval from the Budget Department of INDOT. So, if the Budget Department does make any changes, I’ll bring any addendums back to the Commissioners.

President Fanello: Okay.

Commissioner Mosby: Motion to approve the funding expenditures for Eickhoff-Koressel.

Commissioner Mourdock: Second.

President Fanello: So ordered.

John Stoll: Next I wanted to let you know that we are soliciting quotes for a culvert replacement on Graff Road, and another culvert replacement on Schillinger Road. Those quotes will be due in in next Monday’s meeting. The last item I’ve got, I went through the bids that were opened this evening for the St. Wendel Bridge, and everything was in order with the low bidder, which was Ragle, Incorporated. I would request that we award that contract to Ragle for the amount of $128,858.

President Fanello: Do you–

Kevin Winternheimer: If you’re looking at me, I never remember the amounts. So, I don’t know who was low bidder.

Commissioner Mosby: We just opened them, that’s why I didn’t know if you wanted to review them.

John Stoll: I went through them back (Inaudible) discussion was going on.

Commissioner Mourdock: Is there any question, just, I mean, it was a very simple contract. Nothing that Kevin would need to review for any exceptions.

John Stoll: Right. It’s just our standard contract. I went through all the bids, and found no errors on anybody’s. Ragle was low, relative to everyone. I believe it was by about $10,000.

Commissioner Mourdock: Okay, I’ll motion that we go ahead and make that award.

Commissioner Mosby: Second.

President Fanello: So ordered.

John Stoll: That’s all I have, unless you have any questions about anything else.

President Fanello: No. Thank you, John.

President Fanello: County Highway.

Dennis Hudnall: Good evening, Dennis Hudnall, County Highway. Before the meeting I gave you a computer estimate for equipment that was requested to network the computers out at the County Highway Garage. The total estimate from Computer Services was approximately $4,800. However, I’m going to request $6,000, because some of the older computers may be, have to be upgraded on the software. It probably would not exceed $6,000. The expenditure wouldn’t take place until the first of next year, and, therefore, the computer budget was $5,000. So, I’ll have to transfer $1,000 into that to cover it.

President Fanello: How much will you have to transfer?

Dennis Hudnall: $1,000 out of printing.

President Fanello: And it’s too late to do transfers. The Council meets on Wednesday.

Suzanne Crouch: You could do a late transfer.

President Fanello: Can they do a late one? What you need to do to get it on this Wednesday’s agenda is call them, and see if you can do a late one. Otherwise, you’ll lose your funds at the end of the year, and you won’t be able to do it until–

Dennis Hudnall: Well, I don’t, I’m banking on the funds beginning the first of the year. Because that’s when the expenditure is.

President Fanello: Oh, you’re looking at the first of the year. You’re not looking at money you have left over right now.

Dennis Hudnall: No, ma’am.

President Fanello: Okay. Okay. I was thinking you had some extra money left over in your budget, and that’s what you were, okay. That’s fine.

Dennis Hudnall: Most of those are encumbered at this time.

President Fanello: Okay.

Dennis Hudnall: So, I’m going to wait until the first of the year to do that. So, I’m asking that this be approved. That I could go ahead and get the Auditor a request for all of these, of the computer equipment, so they can then therefore tell Computer Services to go ahead and order them.

President Fanello: And I’ll just say, before you came on board, I actually, I went out to the Health, Health Department, Highway Department and looked at your computers, and we were trying to extract some information out there when we were going over some financial information, and they are in bad need of some updates out there in networking, so.

Dennis Hudnall: Well, this will allow us, we’re going to set up a file server, and a hub, which all the computers talk together. It will allow us a greater speed and accuracy. A lot of the forms will be on the computer, instead of in the file cabinets.

President Fanello: Commissioner Mosby. We were talking about the computer, so, he’s wanting to know if we approve it. He would like to have a motion.

Commissioner Mosby: I’ll make a motion to approve.

Commissioner Mourdock: Second.

President Fanello: So ordered.

Commissioner Mosby: I mean, I was listening and talking to John.

Dennis Hudnall: Thank you. The only other thing I have is you received my report, and do you have any questions?

President Fanello: I don’t.

Dennis Hudnall: Thank you.

Commissioner Mosby: Thank you.

Commissioner Mourdock: Snow in the forecast tomorrow night again.

Commissioner Mosby: Keep up the good work.

President Fanello: County Attorney.

Kevin Winternheimer: I have three brief matters. One is a question for Madelyn. Did you ever get a copy of the River City contract for signature? I’ve got one here, if you don’t have it.

Madelyn Grayson: No, I did not.

Kevin Winternheimer: I have it here. You’ve already approved it, it’s just here’s the, here’s one for signature. The second item is, I received word that there’s another poor relief appeal, and on this one I would, again, ask that you appoint me as hearing officer, and I will take it from there. If that’s your pleasure.

Commissioner Mosby: Motion to appoint Kevin as the hearing officer.

Commissioner Mourdock: Second.

Kevin Winternheimer: And–

President Fanello: So ordered.

Kevin Winternheimer: –finally, on the lease for the Sheriff at the airport. I missed the deadline. I didn’t realize we needed that much lead time to get it in the newspaper. They do cars in 24 hours, but our legal notices take, apparently, longer to get it in. In any event, I want to re-schedule that for the 30^th. I have the notice here, and ready to go. We can have our hearing on the lease of that building on the 30^th.

Commissioner Mourdock: Okay, I’ll move that we schedule that hearing for the 30^th.

Commissioner Mosby: Second.

Kevin Winternheimer: I’ll give that to you, Madelyn, after the meeting.

President Fanello: So ordered.

Kevin Winternheimer: And that’s all I have.

Madelyn Grayson: Was that motion pursuant to permission to advertise, as well?

Commissioner Mourdock: Yes.

President Fanello: Superintendent.

Tammy McKinney: The only thing I have is a late telephone request from the Sheriff’s department.

Commissioner Mourdock: I’ll move–

Tammy McKinney: He had a prisoner break a phone.

Brad Ellsworth: I can’t believe that.

Tammy McKinney: So, I have one on order for you. Okay.

Commissioner Mosby: So, do we have to accept that.

President Fanello: Yeah, well, I mean, she had to go ahead and get one ordered.

Commissioner Mosby: Motion to accept late phone.

Commissioner Mourdock: Second.

President Fanello: So ordered.

President Fanello: Burdette Park.

Steve Craig: Steve Craig, Manager of Burdette Park. First thing I have is, I guess, the report that ARC has started the steel building on the O’Day Discovery Lodge, and they started setting that up. Gary is doing fine after his operation. Should be back in about a week and a half. I have my work reports. I like the new podium.

Commissioner Mourdock: Yeah.

President Fanello: Oh, I didn’t even notice the new podium.

Tammy McKinney: It has a slide out table that slides out.

President Fanello: Oh.

Tammy McKinney: No, on the side.

President Fanello: Does anybody have any questions for Steve?

Commissioner Mourdock: No.

President Fanello: Thank you, Steve.

Commissioner Mosby: Thank you, Steve.

Steve Craig: Thanks.

Commissioner Mourdock: I’ll move that we add the Soil and Water report to the Consent File.

Commissioner Mosby: Second.

President Fanello: So ordered.

Commissioner Mourdock: And with the Ozone Officer’s report, she also provided me a letter today that I just want to read a brief sentence or two into the record from. Dr. Alexandrovich has been monitoring, as certainly her job requires, all of the changes in the clean air act, and she sent off a letter to Jan Tierney, who is the Air and Radiation Law Office of the USEPA, regarding some, oh, directions that EPA is trying to do. This greatly affects, or could affect what happens to us with local air quality. Part of her letter says:

“I am, however, opposed to the USEPA entering into a Consent Decree, because it will likely have a negative impact on my community. We may receive a non-attainment “label”, yet the meaning of this label, largely considered to be a deterrent to economic development, is ambiguous and the economic consequences are unclear, because no legal implementation guidelines have been set.”

There’s a whole lot of the letter that goes with that language, but it says to me that, again, she’s doing a good job in keeping aware of what’s happening federally, and trying to protect our community. So, with that, in fact, we’ll add that to the record to. I move that we add her monthly, or her weekly report, and a copy of this letter to the record.

Commissioner Mosby: Second.

President Fanello: So ordered.

Madelyn Grayson: There is one amendment to the Consents. The Accounts Payable vouchers.

President Fanello: Yes. We have Accounts Payable vouchers that need to be added.

Commissioner Mourdock: Okay, I move we add Accounts Payable vouchers to the Consent File.

Commissioner Mosby: Second.

President Fanello: So ordered.

Commissioner Mourdock: No other changes to the Consent File? So, I’ll move approval of the Consents.

Commissioner Mosby: Second.

President Fanello: So ordered.

Commissioner Mourdock: Move adjournment.

Commissioner Mosby: Second.

President Fanello: We’ll start Rezoning in five minutes.

The meeting was adjourned at 6:48 p.m.

CONSENT ITEMS:

         Travel Requests: Health Department 

         Employment Changes:

         Circuit Court                   Treasurer              Prosecutor

         County Assessor            Burdette Park

         Requests for Service: Sheriff Department.

         Sheriff:

         Weekly Jail and Community Corrections Reports.

         Interlocal Agreements for Transfer of Inmates. (Henderson/Hopkins County)

         Auditor:

         KRONOS Contract for Prosecutor’s Office.

         Accounts Payable Vouchers.