VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

DECEMBER 16, 2008

The Vanderburgh County Board of Commissioners met in session this 16^th day of December, 2008 at 5:00 p.m. in room 301 of the Civic Center Complex with President Jeff Korb presiding.

President Korb: Good afternoon. It’s 5:00, let’s go ahead and get started for this December 16, 2008 meeting of the Vanderburgh County Commissioners. Introductions to my right, please.

Marissa Nichoalds: Marissa Nichoalds, Superintendent of County Buildings.

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

Josh Betz: Josh Betz from Central and from TAC. Go Bears!

Commissioner Nix: Bill Nix, County Commissioner.

Mary Reynolds: I’m Mary Reynolds from Central Team Advisory Council. Go Bears!

Commissioner Nix: There you go.

President Korb: Shameless plugs. Jeff Korb, County Commissioner.

Taylor Speciale: Taylor Speciale from Harrison. Go Warriors!

Commissioner Tornatta: Troy Tornatta, County Commissioner.

Katie Clevidence: Katie Clevidence from TAC and Harrison.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor. Go Rex Mundi!

President Korb: That’s a Monarch. I’m old enough to know what that is.

Commissioner Nix: Where is that, Bill? Can you tell us?

Bill Fluty: Old Ivy Tech.

President Korb: There you go. Join with me please in the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

President Korb: Permission to open quotes, printing and mailing of the 2009 tax bills.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Mr. Ziemer, are you the one who opens those?

Commissioner Nix: Get to ripping.

Ted C. Ziemer, Jr.: Sure.

President Korb: Okay, for those of you that are curious why he’s acting like that tonight. It drives me crazy when he opens the bids up and just makes all kinds of noise, so. Thank you, Ted. Appreciate that very much. What have you got for us? There’s just the one, isn’t there? Is there more than one?

Ted C. Ziemer, Jr.: Yeah, I would like to look at it.

President Korb: You would? Okay, alright, we’ll move on.

President Korb: Action items, the first item is Burdette Park 2009 through 2011 rates. Steve Craig, if you would please come forward to discuss.

Steve Craig: Steve Craig, Manager of Burdette Park. Do you have any questions?

President Korb: Give us a clue on how you came to these rates?

Steve Craig: Well, the advisory board had met and they had suggested three percent, and that was kind of a point to work from. We usually try to take it up, if we’re going to raise it, enough to cover the cost of living and utilities going up and that. This year, we took a more comprehensive look at it, where some of the buildings rentals were going up, we went ahead and stayed with the three percent. Then some of them that were not doing as well, we actually lowered the rate on them. So, we have some rates that are lower. We have a few that are a little bit higher, but not very much. I feel confident with these that it’s going to be fair to the patrons of Vanderburgh County and Burdette, and I think that we’ll be able to do okay with these rates the way we’ve set them.

Commissioner Nix: I guess, one of the things we’ve talked about before the meeting, Steve, was rates for the Discovery Lodge. Your thoughts on that?

Steve Craig: Yeah, we did not raise it all. We actually left the rates the same way, the same amount that it was. Then for the weekdays we lowered it. It will be, for Monday through Thursday it will $850 to rent the Discovery Lodge. That’s for up to 650 people. So, that’s a good deal. We’ve been working on the acoustics and the sound, so I think that will help also. We hope to see to pick up some more of the weekday rentals up at the Lodge.

Commissioner Nix: Thank you.

President Korb: Any other discussion? I need a motion please.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Thanks, Steve.

Steve Craig: Thank you, and if I don’t see you, Merry Christmas.

President Korb: And to you too, and to your staff as well.

President Korb: Discussion about the 2010, 2011 and 2012 county holiday schedules.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

President Korb: This is the second and final reading of an amendment to the speed limit ordinance. I need a motion to approve.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. Public comment on this issue? The motion passes. Roll call vote, please. Commissioner Nix?

Commissioner Nix: Yes.

President Korb: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Korb: Commissioner Korb votes yes.

President Korb: First reading of CO.12-08-022, an ordinance amending ordinances regarding licensing, certification, administration and enforcement of construction businesses and occupations.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Public comment?

Commissioner Nix: There won’t be at this time, first reading.

President Korb: Okay. Just going by my notes.

Commissioner Nix: Sorry about that.

President Korb: That’s okay. No problem. Roll call vote. Commissioner Nix?

Commissioner Nix: Yes.

President Korb: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Korb: Commissioner Korb votes yes.

President Korb: The next item is a discontinuance of Anthem Health Plans for county employees.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

President Korb: Commissioner request for extension of payment of back taxes at 1310 Fountain Avenue. We received an e-mail from Counselor Ziemer on this.

Ted C. Ziemer, Jr.: Just a comment, if I may? There are two of these, this and then the next agenda item. This first one is for property at 1310 Fountain Avenue. No, excuse me, the first one is for...yeah, 1310 Fountain Avenue. The owner of that property, Mr. Fry, has been disabled for some time. He is about to be able to go to work again. His wife is working. He wrote a very compelling letter. The fact of the matter is that the county would rather see, at least the County Attorney’s office would rather see taxes paid rather than have to sell property at public auction, if we can get that done within reasonable time limits. So, we recommend that Mr. Fry be given until March 1, 2009 to pay his delinquent taxes, which are $2,135.01. If he does it by that time there will be no tax sale and he’s caught up and everything is current. If he doesn’t do it by that date, then the county will, on March the 2^nd, take title to that property and it will be sold at public auction. It’s your pleasure.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

President Korb: My question is $2,135 seems awfully high. Is that just more than one missed payment?

Ted C. Ziemer, Jr.: Let me see what I have here on this. It also includes the title search that we had to do and so forth to get ready for the tax sale.

President Korb: Okay.

Ted C. Ziemer, Jr.: Delinquent taxes are $1,711.38, interest of $173.63, cost of the sale $25, and title search $225, gives rise to that total cost.

President Korb: Great. Any further discussion by the Commissioners? The motion has been made and seconded. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign.

Ted C. Ziemer, Jr.: Okay, then, if I may, as to the second one–

President Korb: The motion passes.

Ted C. Ziemer, Jr.: –this property at...where is this one?

President Korb: 1119 Uhlhorn.

Ted C. Ziemer, Jr.: Yes, 1119 Uhlhorn. This property is a little different in that there is only about twenty dollars of delinquent tax. The house that was on the property was ordered razed. The owner, Mr. Rankin, did not raze the property. The county, or the City-County Building Commission razed the property. This amount that’s due, this $4,500 is the cost of razing the building. Nonetheless, it is a lien on the property, which has to be paid and is part of the tax bill. So, while the circumstances are different in this case, once again, we would rather see, we think it would be better if the taxes are paid and not to put it on tax sale. So, he wanted to have until June 15^th. The County Attorney’s office would recommend that he be given until March 1, 2009 to pay this lien, under the same conditions that Mr. Fry is.

President Korb: And there was someone out there that had their hand raised. You may come on up if you would like. If you would please, just state your name and your address when you get to the microphone.

Antionetta Carter: Okay. Hi, my name is Antionetta Carter. I, myself, am in the same situation as the gentleman on, the gentleman that was unemployed on Fountain Avenue. I own several pieces of property. The piece of property that I’m referring to is at 712 East Chandler. The property was assessed quite high. It was assessed at $794 each quarter. The property, I was able to purchase the property for only $7,000, and they’re saying that I owe back taxes on the property of over $2,000. The property, if you look at the other properties in the neighborhood, they’re condemned, boarded up, been, they had gotten, people had gotten Front Door Pride monies to fix the properties up, but they never did. My particular property, I try to keep the trash, you know, picked up, I try to keep the landscaping looking nice, but if you enter the property, that house is gutted on the inside. So, they appraised the property at $46,500, and the property, there’s no way I could get a loan against that property for that amount of money. So, what my question is, or what my request is, if my property was bought by an individual I would have had a year to get my property back. But, since it was taken by the city, they are only giving me 90 days to catch up on my taxes. So, I’m coming to the Board to request an extension to be able to get additional days to be able to pay the taxes on the property. Because, I’m in a financial bind right now. When a property is assessed at $49,000 and it’s only worth $10,000–

President Korb: Sure.

Antionetta Carter: –so–

President Korb: I’m going to defer, real quickly, to Councilman Ziemer on that, because I’m trying to figure out is that a city issue or a county issue?

Ted C. Ziemer, Jr.: Well, it’s everybody’s issue.

Antionetta Carter: Pretty much, yeah.

President Korb: Get your signals right here, will you, Troy?

Ted C. Ziemer, Jr.: You need to understand, and I’m sure you probably do, that the Commissioners have nothing to do with the assessment of the property, which gives rise to what the tax is. So, what the Commissioners are doing is when people don’t pay their property taxes and it goes through two cycles, and people have really a year and 18 months to pay their taxes, when they don’t pay it in that period of time, then the Commissioners take title to the property. They send you a letter saying that they’re getting ready to take title to the property, give you an opportunity to pay up the lien. If you don’t pay the lien, then they take title to the property and it goes on sale at an auction. So, there’s been a lot of time go by, Ms. Carter. I don’t know how much you owned it during that period of time, but the time has gone by. What I wanted to say is though, if we go beyond March 1, 2009 for time to pay these delinquent taxes, it will more than likely cause the tax sale, if it becomes necessary, if you can’t pay those taxes–

Antionetta Carter: Well, if I could get until March, if I could get an extension for March of 2009, I would be ecstatic.

Ted C. Ziemer, Jr.: Oh, okay.

President Korb: Excuse me, have you received a letter from the county or the city saying that they’re going to take the land?

Antionetta Carter: Yes, take possession of the property this month.

Commissioner Nix: When did you purchase the property?

Antionetta Carter: I purchased the property, I’ve had possession of the property, I guess, about two or three years.

Commissioner Nix: Okay, and when you got the reassessment, it was reassessed, is that correct?

Antionetta Carter: Yes.

Commissioner Nix: When you got the reassessment, you have appealed that? How long back was the appeal? I’m just trying to (Inaudible).

Antionetta Carter: That was just, they just assessed it just like this year, this past year, that the assessment went that high.

Commissioner Nix: Okay, but since then, you have appealed that assessment, is that correct?

Antionetta Carter: Well, at the time I didn’t know how to go about appealing or anything like that.

President Korb: Sure.

Commissioner Nix: Sure, okay.

Antionetta Carter: This is my first time even knowing anything about meetings like this.

Ted C. Ziemer, Jr.: Sure.

Antionetta Carter: That I could even do that, and stuff. I was totally dealing with the Auditor’s office and the assessment office down the hallway. I didn’t know that it was open for discussion.

Ted C. Ziemer, Jr.: Can I ask you a question?

Antionetta Carter: Yes.

Ted C. Ziemer, Jr.: What is, are you the property owner?

Antionetta Carter: Yes, sir.

Ted C. Ziemer, Jr.: What is your full name?

Antionetta Carter: Antionetta–

Ted C. Ziemer, Jr.: Spell that for me.

Antionetta Carter: A-n-t-I-o-n-e-t-t-a–

Ted C. Ziemer, Jr.: e-t-t-a? And the last name is Carter?

Antionetta Carter: Yes, sir.

Ted C. Ziemer, Jr.: C-a-r-t-e-r?

Antionetta Carter: Uh, huh, and my middle initial is M.

Ted C. Ziemer, Jr.: Okay, and, Ms. Carter, the address of the property that has the taxes on it, what is that address?

Antionetta Carter: 712 East Chandler.

Ted C. Ziemer, Jr.: East Chandler Avenue?

Antionetta Carter: Uh-huh.

Ted C. Ziemer, Jr.: Okay, I would say to the Commissioners, on behalf of the County Attorney, that as to these other two properties, if, it won’t halt the sale of the property at public auction process if the Commissioners wanted to extend the time for payment of the delinquent taxes to March 1, 2009.

President Korb: I’m very comfortable with that.

Commissioner Tornatta: I would make that in the form of a motion, and that’s for both properties.

President Korb: Yeah, we’re going to circle back around to the one.

Commissioner Tornatta: We already did the one.

President Korb: Yeah, we’re going to circle back to vote on--

Ted C. Ziemer, Jr.: Uhlhorn?

President Korb: –Uhlhorn, we haven’t done that yet, because I thought that that’s why you were here.

Antionetta Carter: Oh, I’m sorry.

President Korb: No, there’s no reason to apologize.

Antionetta Carter: (Inaudible).

President Korb: No, you’re fine. You’re good to go.

Antionetta Carter: Okay.

President Korb: So, we’re just going to take your property first, and we’re talking about what Mr. Ziemer has offered, and the address again, Ted?

Ted C. Ziemer, Jr.: 712 East Chandler Avenue.

President Korb: 712 East Chandler, and the motion is to extend you the opportunity to pay those back taxes until March of 2009. We have a motion and a second. Discussion?

Commissioner Nix: Second.

Commissioner Tornatta: And is that March 1^st or March 31^st?

Ted C. Ziemer, Jr.: March 1^st.

Commissioner Tornatta: March 1^st.

Ted C. Ziemer, Jr.: We would have said February 28^th, but that’s a Sunday.

Commissioner Tornatta: Okay.

President Korb: Okay, so, you’ve really only got two months. Is that okay?

Antionetta Carter: Yeah, that’s better than–

Ted C. Ziemer, Jr.: Two months and 15 days.

President Korb: That’s better than tomorrow.

Antionetta Carter: Yes, sir.

President Korb: You bet. Okay, great. So, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Congratulations. Thanks for coming.

Antionetta Carter: Thank you.

President Korb: Oh, you’re welcome. Not a problem at all.

Commissioner Tornatta: You might try and get that appeal process started if you think–

Antionetta Carter: Well, I was told that it was too late to go through the appeal process, because I have a couple of other properties that I was able to purchase for like $5,000 and then they turned around and assessed them at like–

President Korb: Crazy money.

Antionetta Carter: I don’t want to say–

Commissioner Nix: If you’re going to own the property, you need to go ahead and do that, get that process in place anyway.

President Korb: Yes.

Antionetta Carter: So, I still have the–

Commissioner Tornatta: You can appeal–

Antionetta Carter: –I still can do that?

Commissioner Nix: I don’t think it’s going to help you this year.

Commissioner Tornatta: Right.

Commissioner Nix: Correct me if I’m wrong, but it will help you–

Antionetta Carter: Down the road?

Commissioner Nix: –next time. Yes.

President Korb: Do you know where to go to to do that? Do you know what office you want to go to here in the Civic Center to make that appeal?

Antionetta Carter: No, sir.

President Korb: It’s down on the second floor–

Antionetta Carter: Uh-huh.

President Korb: –and it’s just the County Assessor’s office. I’m not sure what township that’s in–

Antionetta Carter: Okay.

President Korb: –but, if you go with the addresses down there, they’re great folks down there and they will give you the direction, because they’ll have various offices. Just go there and they’ll help you, but Troy and Bill are right, go start that process now for the next tax cycle.

Antionetta Carter: Yes.

President Korb: That way you should be good to go. But, you’ll need to bring all of your paperwork in with you, that will help you downstairs quite a bit.

Antionetta Carter: That’s fine.

President Korb: Okay?

Antionetta Carter: Okay, then. Thank you so much.

President Korb: Oh, you’re welcome. Thanks for coming. We appreciate it. Now, gentlemen, we have a first and a second on the floor for the property in extending the tax payment on 1119 Uhlhorn. Any discussion further on that? Okay, let’s have a vote. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

President Korb: The next item on the action item list is Councilman Ziemer will tell us about the Catholic Diocese bond issue.

Ted C. Ziemer, Jr.: Thank you. I e-mailed you at length about this. I’ll just tell you, remind you that this is a request for bond issue by the Catholic Diocese of Evansville to buy certain properties on Bennighof Avenue, to raze those properties and then construct a parking lot at that location. It’s going to relieve on street parking in that area, to a large extent. This has been through a lengthy process. It was first recommended by the Vanderburgh County Economic Development Commission. Then it was recommended by the Vanderburgh County Council. It then went to the Vanderburgh County City Council, because the property is located in the City of Evansville. It then went back to the Vanderburgh County Economic Development Commission, who recommended the adoption of an ordinance by the Vanderburgh County Council, authorizing the $800,000 in bonds. The Vanderburgh County Council did adopt an ordinance authorizing the issuance of $10,000 in bonds and requesting that the Commissioners approve that and sign all the bond documents today. The, what we have here, I’ve sent you copies of the documents with e-mail, what we have here are signature pages for all of the various documents to make it easier for you. Once you’ve signed those, you will have approved the bond issue. So, I think all that’s needed is a motion to issue the bonds pursuant to the ordinance of the Vanderburgh County Council.

President Korb: And just for those watching television at home, there is no cost to the county for us doing this.

Ted C. Ziemer, Jr.: None whatsoever. No obligation.

President Korb: Absolutely.

Commissioner Nix: Motion to approve.

Commissioner Tornatta: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

President Korb: Debbie Spalding is here to speak briefly. We’ve talked about this, is Debbie here right now? There you are, we’ve talked about the towing contract, would you please come to the microphone and, even though we already know the answer, to the question of how we’re going to handle this?

Debbie Spalding: Yes, I’m Debbie Spalding with the Purchasing Department. We did open bids for towing services at a Board of Public Safety meeting earlier in December. This is a joint city-county bid. Tomorrow the Safety Board will be looking at this contract, and just wanted to report to you that we did open the bids, and, I guess, after discussion it has been determined that maybe this should be tabled?

President Korb: Right.

Commissioner Tornatta: I would make that in the form of a motion, to table this until the 23^rd when we have a meeting, our next meeting.

President Korb: We have a special meeting of the Commissioners on the 23^rd. So, a motion has been made to table this till the 23^rd. Is there a second?

Commissioner Nix: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. So, we’ll take this up on the 23^rd.

Debbie Spalding: Thank you.

President Korb: Thank you, Debbie.

Ted C. Ziemer, Jr.: And just for people watching, there is a special, there has been a special meeting of the Vanderburgh County Commissioners and the Board of Public Safety called for 10:00 on December the 23^rd. Proper notice has been given to the media. Additional notice will now be given to the media, and it’s more than 48 hours prior to that meeting, indicating that there will be two other agenda items added to that meeting, one of which will be the award of a bid for the towing contract.

Commissioner Tornatta: And that’s the Board of Public Works, I believe.

Ted C. Ziemer, Jr.: What did I say?

Commissioner Tornatta: Public Safety.

Ted C. Ziemer, Jr.: Oh, Board of Public Works. The Board of Public Safety is the one that’s approving the, or is acting on the–

President Korb: Towing contract.

Ted C. Ziemer, Jr.: –towing contract tomorrow. That’s the Board of Public Works on the 23^rd.

President Korb: Alright, the next item we have on the agenda is with the County Treasurer’s office, the AFCS rate increase to offenders. It’s requesting that they increase the fee that they charge for delinquent property owners. Z., hello, come on up. Welcome.

Z. Tuley: Hi. I’m Z. Tuley, the Vanderburgh County Treasurer. The fee is the fee that the collection agent charges to the delinquent offender. When he is given what is owed on the tax roll, Vanderburgh County receives 100 percent of that. His fee is collected from the offender. So, he is wanting to raise it from 25 to 27 to 30 percent. I don’t have an issue with that.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

President Korb: When you said raised from 25 to 27 to 30 percent, do you mean $27 to $30?

Z. Tuley: No, percent.

President Korb: Percent? Okay.

Z. Tuley: Percent of the delinquent tax.

President Korb: Gotcha, okay. Motion on the floor, there’s been a second. Discussion? All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

Antionetta Carter: (Inaudible). I disagree.

Z. Tuley: Oh, this is not on your house.

President Korb: This won’t be on your house.

Z. Tuley: The delinquent tax collector is hired to go after those properties that qualify to be certified to the County Clerk. This has nothing to do with real estate. Real estate is a totally different set of laws.

President Korb: Right. So, you’re fine.

Z. Tuley: Yeah, this is for businesses that haven’t paid personal property items such as RV’s, boat trailers–

President Korb: Gotcha.

Z. Tuley: –mobile homes–

President Korb: Yep.

Z. Tuley: –state assessed. Okay.

President Korb: Great, thank you, Z.

Z. Tuley: Uh-huh.

President Korb: Appreciate it. Merry Christmas to you.

Ted C. Ziemer, Jr.: Mr. President, if I may? I have the bid now. There’s one bid for printing the 2009 tax bills, if you want to receive that?

President Korb: We do want to receive that.

Ted C. Ziemer, Jr.: It’s from Work Flow One to print 2009 tax bills. The cost of that is $87,450.

Commissioner Nix: I move we take the bid under advisement.

Commissioner Tornatta: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign.

Ted C. Ziemer, Jr.: Thank you.

President Korb: The motion passes. Thank you, Mr. Ziemer.

President Korb: We have a flurry of contracts, agreements and leases. Gentlemen, would you like to entertain these all at once?

Commissioner Tornatta: Yes, sir.

President Korb: Or do you want to individually take a look at them? The first one, we’ll just go through them quickly, Drug Court contract for home verification officer Mike Collins; Health Department, Verizon air card renewal; Sheriff, 2009 L.C. agreement for medical records software; Commissioners, Homeland Security sub-grant agreement; Burdette Park-USI trail supplemental agreement; and, finally, the DADS offense lease agreement.

Commissioner Tornatta: Office.

President Korb: Office.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Yes, sir?

Ted C. Ziemer, Jr.: Excuse me, on my agenda there’s more contracts. I don’t know if it did not–

President Korb: I had five, six, I had six.

Commissioner Nix: The rest of them are (Inaudible).

Ted C. Ziemer, Jr.: The next one would be Commissioners, 2009 Youth Resources agreement. The next one, Commissioners, 2009 Evansville ARC agreement.

President Korb: Right, I was getting ready to get to those.

Ted C. Ziemer, Jr.: Oh, I’m sorry. I thought you were finished.

President Korb: No, huh-uh. Not yet.

Ted C. Ziemer, Jr.: Good.

President Korb: The other ones were more chatty than that one. We’ll entertain these next ones the same way. It’s the 2009 Youth Resources, these are just single lease annual agreements, for one year. The 2009 Youth Resources agreement, the 2009 Evansville ARC agreement, the 2009 METS-USI transportation agreement, the 2009 elderly and handicap agreement, the 2009 agreement with the Mulberry Center for employee assistance program, the 2009 car wash agreements, the 2009 Fehd farm land lease agreement, and the County Commissioners Old Courthouse lease agreements.

Ted C. Ziemer, Jr.: Of which there are three.

President Korb: Of which there are three; Phoenix, Vanderburgh County Engineer and Cinergy Communications.

Commissioner Tornatta: And, just for the record, these are very similar, if not similar to what was last year.

President Korb: Yep.

Commissioner Nix: Carry overs.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

President Korb: Department head reports. Mr. Stoll?

John Stoll: First I have a street acceptance request for Dawnridge Subdivision. This request is for acceptance of 401 feet of Maya Court. It’s recommended that this street be accepted for maintenance.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: Next I have construction inspection agreements with Clark Dietz for the Green River-Millersburg project. The contract amount is $270,800. That will be funded 80 percent federal funds and 20 percent local funds. This is the agreement that you had authorized at your last meeting to forward to INDOT. INDOT has since said it was okay to sign. So, I would request that you approve the agreement so we can get moving ahead with the project.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: The next item is a change order. This is on concrete repairs of Ensle Place Subdivision. This is for an increase of $2,668.50. The reason for the increase is due to some additional crack sealing in the concrete pavement. I would recommend approval of the change order.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: Then, next, I have an amended right-of-way offer for the Colleen Mueller property on University Parkway. The new offer amount would be $157,200.

Commissioner Nix: Move approval.

Commissioner Tornatta:

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: The last two items are also related to University Parkway right-of-way purchases. These are both in regard to purchasing surface rights of people who own mineral interests in the land. The first one is for $250 for Charles J. Hershelman. This is parcel 25.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: Then the other one is parcel 26. This is Alice M. Hershelman, and it’s also $250.

President Korb: Motion?

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: That’s all I have.

President Korb: Thanks, John. Merry Christmas to you and your family.

Commissioner Nix: Thanks, John.

President Korb: Any other department heads that wish to report this evening?

Ted C. Ziemer, Jr.: I have two other agreements, which you were e-mailed about late in the day, at 3:59, right before the beginning of the department head meeting. These are collective bargaining agreements, renewal agreements actually. One with the County Garage employees and the Teamsters, and the other with the Vanderburgh County confinement officers of the Sheriff’s Department and the Teamsters. The County Garage agreement was reviewed extensively by Mike Duckworth and Bill Nix, along with Rick Voyles, I think, of the Teamsters.

Commissioner Nix: And James Raben of the County Council.

Ted C. Ziemer, Jr.: Oh, yes, and James Raben of the County Council, relative to financial concerns. The agreement with the confinement officers and the Teamsters was reviewed by the Sheriff, Eric Williams, and Bill Nix and also James Raben, relative to financial concerns. We were then asked to review the agreement, which we did. We commented on certain provisions of the agreement, but they were mostly syntactical, and we found none that were onerous to the county from a legal perspective. So, we have those agreements before you today, and they are satisfactory for approval from a legal perspective.

Commissioner Nix: I guess, just on behalf of the committee that bargained this, I appreciate your help, legal counsel’s help, Jim Casey, Sheriff Williams, James Raben, and Rick Voyles. I just, we’ve worked at this for, I guess, three or four months now, and the Sheriff’s had a lot of input on, we’ve got some different conditions at the jail out there now than we had with the old ones. So, we’ve got, hopefully, a lot of that stuff cleaned up now. We’ve got a good contract with both groups. I would recommend approval. That’s in the form of a motion.

Commissioner Tornatta: Once again, I know that that’s not an easy contract to tackle. No matter how easy the, oh, sorry, no matter how easy the groups are to deal with, it’s not an easy contract to tackle. So, Ted, thanks to your office and, Bill, thanks for getting that handled for us. I’ll second.

President Korb: Discussion? Hearing none, all those in favor of approving those contracts please say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Anything else, Mr. Ziemer?

Ted C. Ziemer, Jr.: No, sir.

President Korb: Great. Thank you very much.

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

President Korb: Any old business to appear before the Commissioners this evening?

President Korb: I’m going to skip down to consent items before public comment. We need a motion please. We have had two additions to the consent agenda items. They are, number one, from the Sheriff requesting to apply vacation time for a buy out of early retirement, or of a retirement, and, second, to request to purchase new or unissued weapons.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

Commissioner Nix: As amended, excuse me.

President Korb: Sure, as amended, and there’s a second. Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

President Korb: Public comment this evening? Mr. Kincaid? If you would, just state your name and your address for the record, please.

Johnny Kincaid: My name is Johnny Kincaid, and I live at 6521 Greencove in Vanderburgh County. Actually, my only reason for coming here is because I know that the year is running out and we have two Commissioners who will no longer be sitting on this body, and I just came forward because I wanted to thank both of you. Mr. Nix, you have treated this office with dignity. I believe that you’ve served the public well, and I think the community is better because of your service.

Commissioner Nix: Thank you.

Johnny Kincaid: Mr. Korb, your enthusiasm is contagious.

President Korb: And it gets me in trouble a lot. I knew they wanted to say that so bad. So, aw, you know, come on.

Commissioner Nix: That will be headlines tomorrow morning.

President Korb: Yeah, I doubt it.

Johnny Kincaid: Afraid so. Yeah, I have the same tendency, to get in trouble, and you can ask Troy about that. But, Jeff, I truly appreciate your service as well.

President Korb: Thanks.

Johnny Kincaid: And not only your service on this Commission, but also what you do with Chrysalis, and with faith based programs, you’re leaving a great legacy in the community. I just wanted to, before the year ran out and you guys leave office, I just wanted to have the opportunity to say thank you very much for your service.

President Korb: Great. Thanks, Johnny. And, that’s really why I’ve saved the public comment till last. As Chair I get to do this, this is, well, not my last meeting, and, Bill, we have one more on the 23^rd, but that’s just basically a formality. Bill, you’ve been doing this for four years, anything you want to say to the audience?

Commissioner Nix: No, I just a couple of things. It’s been a great experience. I appreciate the patience my family’s had with me through this. I have a brother-in-law that, he doesn’t always agree with me on things, and I always hear about that.

Commissioner Tornatta: We all have those.

Commissioner Nix: Yeah, we do. He’s a great guy though, he’s a great guy. My father, I think, he’s religious about watching this show. He’s camped in front of the t.v. right now. So, hi, dad. I guess, the six Commissioners I’ve worked with in four years, which is a little bit unusual in itself, and I don’t want to get into naming names beyond that because there’s just too doggone many people out there that I would like to thank, but I would leave somebody out if I didn’t. So, we’ll ride off into the sunset.

President Korb: You bet. I’ve only been doing this for a year and three months, and I’ve really enjoyed myself immensely. Always trying to do what’s right for the Vanderburgh, for the people of Vanderburgh County. Like Bill, my mom and my dad and my wife and my son, well, not so much my son, but my wife watch the program religiously. So, for the last time I get to say hello and good-bye to all of you. It has been a joy and a privilege to work in the county. Yeah, my enthusiasm does get me in trouble, but I wouldn’t trade that for anything in the whole wide world. That’s who I am and that’s what I’m about, and the bow tie’s going to stay.

Commissioner Nix: I almost wore one tonight.

President Korb: You big liar. You can’t believe the number of, where’s your bow tie. You know, it’s my day off. So, but anyway thank you Vanderburgh County. I really do wish the two new incoming Commissioners the very best as they take over this office. You’ve got some big decisions right off the bat. I’m confident that you’ll use your heads and be calm in reasoning with your decisions that you make. But, again, thank you very much for allowing me to serve. It’s been a joy. It really has been. Any other public comment?

Commissioner Tornatta: Well, let me chime in.

President Korb: Be charitable now.

Commissioner Tornatta: It’s the giving season.

President Korb: It is.

Commissioner Tornatta: Bill, first of all, we’ve been down a healthy road together. Almost dealing with as many Commissioners on my term as you have, and I’ve had half the term. So, but, I do appreciate to be able to disagree in a manner that is respectful, and we’ve always had that. I appreciate that. Mainly why I called and offered you any seat that you every wanted, it’s open, because the job you’ve done goes across the aisle and transcends more than just serving your political interests.

Commissioner Nix: Thank you, Troy.

Commissioner Tornatta: So, I appreciate that–

Commissioner Nix: I appreciate that.

Commissioner Tornatta: –wholeheartedly in what you’ve done. Jeff, as a newcomer coming in and trying to fill some shoes, you have definitely made your impact. I appreciate your enthusiasm on this board, although it’s been well established that our eyes have not always met, there is still respect in this business. Once we leave this office, we go and we can still help the community in the same way, arm in arm, hand in hand to try and make it a better place.

President Korb: Absolutely.

Commissioner Tornatta: Thanks for all you’ve done as well.

President Korb: You bet. Thank you. Good luck to you in the next couple of years. With that, I need a motion to adjourn.

Commissioner Tornatta: So moved.

President Korb: Say it.

Commissioner Nix: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. Come here, you get to hit the gavel. Do it like you mean it. Don’t be doing it like a girl, okay? Just beat that sucker.

(Gavel pounded)

President Korb: That a girl. See ya later.

(The meeting was adjourned at 5:36 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the December 2, 2008 Commission Meeting Minutes.

Pedcor Local Government Notification of Proposed Development.

Letters Regarding Smoking Ordinance.

Grants of Public Rights-of-Way: Industrial Contractors.

AMR Third Quarter 2008 Financial Report.

Substance Abuse Council: 2009 Budget.

IBAP Gatekeeper Appropriation Request.

Department Head Meeting Notes: December 2, 2008.

Employment Changes:

Commissioners (4)         County Highway (5)                  Treasurer (3)

Recorder (2)                   VCCC (3)                                  Surveyor (2)

Coroner (1)                     Prosecutor (2)                           Knight Assessor (1)

Co-Op Ext. (1)                Public Defender (1)                  Circuit Court (9)

Superior Court (5)           County Council (1)

Travel Requests:

SWCD (1)                       Treasurer (1)                            Commissioners (1)

Treasurer:

Year-to-Date Reports: October and November 2008.

November 2008 Monthly Report.

County Engineer:

Pay Request No. 67: Green River-Burkhardt TIF Projects.

Vacation Roll Over Request.

Auditor:

December 2008 A/P Vouchers.

Barrett Law Lien Release: Oak Hill Barrett Law Project (1).

Health Department:

Surplus Request: Various items.

Ruxer Ford QPA.

Board of Health Resolution: Regarding Smoking Ordinance Exemptions.

Board of Health Resolution: Regarding Continuation of Contract with EPA

Recorder: Markham Security Pick Up for Recorder’s Office.

Sheriff’s Office:

Vacation Buyout Request: Steve Bequette.

Duty Weapons Request for Retiring Deputies.

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer

Those in Attendance:

Jeff Korb                                   Bill Nix                                      Troy Tornatta

Bill Fluty                                    Ted C. Ziemer, Jr.          Marissa Nichoalds

Madelyn Grayson                     Steve Craig                               Antionetta Carter

Debbie Spalding                       Z. Tuley                                    Johnny Kincaid

John Stoll                                  Josh Betz                                  Mary Reynolds

Taylor Speciale                         Katie Clevidence                      Others Unidentified

Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

    (Not in office when approved.)

Jeff Korb, President

  (Not in office when approved.)

Bill Nix, Vice President

Troy Tornatta, Member

(Recorded and transcribed by Madelyn Grayson.)