VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

SPECIAL MEETING

DECEMBER 23, 2008

The Vanderburgh County Board of Commissioners met in special session this 23^rd day of December, 2008 at 10:35 a.m. in room 301 of the Civic Center Complex with President Jeff Korb presiding.

President Korb: Okay, we’ve already taken care of the first action item. The second is now permission to award the towing services. With that, we’ve got, do we have the bids for that? Yep, here we go, page two. I had a question on this, who pays the fees to pick up? Does the county pay for that, or does the individual who’s vehicle is being picked up pay for that?

Commissioner Tornatta: The individual, or the insurance company.

President Korb: Okay.

Commissioner Tornatta: Depending on what the, what facet.

President Korb: Yeah, unless they don’t pick the vehicle up, then it’s really no cost to the county. It’s a cost to the person who’s vehicle has been towed?

Commissioner Tornatta: Right.

President Korb: Okay.

Commissioner Tornatta: Right.

President Korb: Discussion? Actually, should we invite the individuals here, I know Mr. Hamrick is here, and Mr. Fuchs is here, I guess, with your client? I’ve not met them yet before.

Commissioner Tornatta: I don’t, I mean, in the past we’ve awarded the contract. It’s been little or no, I know we have a couple–

Commissioner Nix: I would like to hear from both of them, if we could.

Commissioner Tornatta: Okay, sure.

Commissioner Nix: I think it would be a good idea.

President Korb: Don, do you want to come up first?

Don Fuchs: Yes, thank you.

President Korb: Yep, you’re welcome.

Don Fuchs: Good morning. Don Fuchs, I’m an attorney with the Evansville law firm of Bamberger Foreman Oswald and Hahn. Our law firm serves as legal counsel for Rideout Service Center, which does business under the name of Tri-State Towing. Here with me this morning is Gary Crawford. Mr. Crawford is seated here in the second row. Mr. Crawford and his wife, Brenda, are the owners of the company. Just, I appreciate the opportunity to provide you some comments. Just a little bit of information on our client, Tri-State Towing. Mr. Crawford has been in the towing service business for the past 33 years. He currently employs 33 individuals. The bid for the county towing contract requires 12 one ton wreckers. Our client has 14 of those. The bid requires three tandem axle wreckers, three of those, our client has seven. Our client has had an interest in providing service to both the county, as well as the city for over the past years, but has had difficulty in locating a place of business here in Evansville. Mr. Crawford has advised me, for the past five years he’s attempted to find a location here, but as you all may well know, to find a site that has the proper zoning, as well as the proper special use permit, that has been a challenge. In October of this year, our firm represented Mr. Crawford and his wife in purchasing a site at 1501 North Evans here in Evansville. That’s an approximate six acre site. Again, that was acquired in October of ‘07 of this year, excuse me, of 2007. Immediately after acquiring the site, we applied for a special use permit. As you know, it is the position of the Area Plan Commission that at any business that impounds what they refer to as abandoned or damaged or inoperable vehicles, you have to have a special use permit. We were successful in acquiring that special use permit in January of this year from the Board of Zoning Appeals. Mr. Hamrick’s contract originally expired in December of 2007, and at my understanding, at the request of this body that contract was renewed for one year. I was present at that meeting at the time this body renewed that, and my understanding the discussion was that they wanted to have an opportunity to have competitive bidding. There was a question of whether or not Tri-State Towing had met all the technical requirements, although it had acquired a six acre site here on North Evans. It’s application for a special use permit was not going to be heard until January, so, in an effort to have competitive bidding, it was my understanding this body awarded just a one year contract, so that in July of this year this towing contract for the county could be put out for bids. I just want to bring to your attention, as you may well know, at the Wednesday, December the 17^th meeting of the Board of Public Safety, the city towing contract was awarded to Tri-State Towing at that point in time. I would like to read into the record what the bid that our client submitted to the city, as well as the same bid that it is submitting to the county. On automobiles, pick up trucks, SUV’s, passenger vehicles, our bid is $48 per unit. Towing of motorcycles, $38. Towing of trucks under one ton, $45. Towing of semi-tractor with no trailer, $40. Towing of a semi-tractor with a trailer, $60. Towing of a bus or large RV, $30. Towing of an ATV, $25. Towing of a tractor, backhoe, or trailer, $25. The per charge hourly recovery fee would be $45. A storage fee would be $12 per day. I believe that the, it has also been read into the record the bid of Hamrick’s, in which all instances our clients bid is lower than Mr. Hamrick’s, with the exception of Mr. Hamrick has bid $50 on the towing of a semi-tractor with trailer. At the meeting of the Board of Public Safety, as I indicated, they did award the city contract to Tri-State Towing. I would just bring to your attention the comment of Rick Borries, who stated that he was very pleased with the fact that now the city has competitive bidding in this process, and he was extremely pleased that there was going to be what he saw as a substantial cost savings to the city in awarding the contract to Tri-State Towing. From my perspective the factors that I think are relevant here in weighing the two bids is, first of all, would be the reputation of the contractor. We would submit to you that Tri-State Towing enjoys an excellent reputation. Tri-State Towing tows for INDOT, they tow for the school busses, the Vanderburgh School Corporation. They also provide towing services to Warrick County and to Posey County. It’s my understanding that you Commissioners have been provided a letter from both the Posey County Sheriff’s Department, as well as the Warrick County Sheriff’s Department showing that our client enjoys a good relationship with them. The second factor that I think would be important to take into account is the equipment. Our client, as I’ve indicated before, we believe substantially exceeds the requirements for the equipment. Third factor, I think that is relevant would be, that I think there’s a lot of value in having one contract for both the city and county. As I’ve indicated, the city has already awarded a contract to Tri-State Towing. We would believe that there would be merit in the Commissioners taking into consideration of also providing the county contract to our client for, first of all, for safety reasons. As you note under the bid specifications, whoever is awarded this contract has to be at the site as an instance, within 20 minutes. If we have a situation where we don’t know if this is the city or the county’s jurisdiction, we have a wreck, we have a vehicle out there, we have a safety hazard, I just, it would make good sense to me, it would seem, to have one common contractor, so that there is no confusion on that point. Thirdly, gentlemen, and I believe the most compelling reason is this, is that our client’s bid is substantially less than Mr. Hamrick’s. We believe on a conservative basis, conservative basis, that the savings that the county, that the city and county combined will enjoy in using the services of Tri-State Towing, the savings of approximately, at a minimum of $70,000 a year. $70,000 a year. This is a three year contract, so, that’s a cost savings to our taxpayers here of $210,000 over the term of the contract.

Commissioner Tornatta: Well, and let’s don’t go so far as to say that everyone who’s coming here lives in Vanderburgh County or in Evansville. Because Vanderburgh County and Evansville does not pay for this service. It is a service. The taxpayers, when they bring their money into the coffers of Vanderburgh County and the city do not pay for this service. It’s paid by individuals and or people from out of town, people from other cities, other countries could be paying for this service. So, it’s not necessarily saying that this is coming out of the county coffers or the city coffers. In this case I’m talking about county coffers. I don’t want to lead down that road. This is a service. Just, while I’m getting at this, I just want to know one question, on the $48 when does the first storage fee start? When it hits the yard?

Don Fuchs: Do you want to come up here, Mr. Crawford? Gary, first of all, state your name.

Gary Crawford: Gary Crawford, Tri-State Towing. When does the storage start? We usually start it after midnight. If it comes in at say 8:00 in the morning, we usually start storage after midnight. Also, if it comes in at 11:00 that night, so we have to have one certain time, and we’ve selected midnight. You know, if it comes in at 11:00 p.m. and they pick it up at 7:00 a.m. it’s less than 24 hours, but unfortunately it’s still has one day’s storage on it.

Commissioner Tornatta: Okay. Okay.

Don Fuchs: Mr. Tornatta, I appreciate your comments in so far as the savings is that it may not well save the city and county government, but it will be a savings to the people of this community.

Commissioner Tornatta: Right, it may well be a savings.

Don Fuchs: Yes, sir.

Commissioner Tornatta: Absolutely. I mean, I just think that needs to be known.

Don Fuchs: No, I appreciate what you’re saying.

Commissioner Tornatta: You know, we, in bidding this contract, it’s different than other contracts, because it is a service. As we’ve done in the past, it’s been awarded as a service. It still is awarded as a service, but that’s because the county has no financial bearing in this, besides the fact that in the contract we did stipulate that whichever provider is used that they have given us free towing, bringing the county vehicles, and I’m talking about the county side.

Don Fuchs: But, you still, you would appreciate the fact and understand that it is, though, a cost savings to the people of this community?

Commissioner Tornatta: It may well be.

Don Fuchs: Well, how wouldn’t it be?

Commissioner Tornatta: Because you might not live in this county.

Don Fuchs: Okay. So, it would be a cost savings for people outside of our community?

Commissioner Tornatta: I don’t know if that’s of interest to people inside the community.

Don Fuchs: Why not?

Commissioner Tornatta: Because they’re not supporting those communities outside our community.

Don Fuchs: Well, they’re in here in our community and utilizing our services and visiting our hotels, our sporting events and things of that nature.

Commissioner Tornatta: Right, the point is, I do not want to lead the general public to thinking that there is an issue with this in their tax dollars.

Don Fuchs: I appreciate that. You’re point is well taken.

Commissioner Tornatta: That’s the point, because that’s where that’s leading, and somebody who didn’t know how this thing was funded might think that these are my tax dollars at work, and that is not the case.

Don Fuchs: Your point is well taken.

Commissioner Tornatta: That’s all I’m saying.

Don Fuchs: My point is it’s still a cost savings though.

Commissioner Tornatta: Right, exactly.

Don Fuchs: Yes, sir.

President Korb: Anything else?

Don Fuchs: No, sir. I’m happy to entertain any questions.

President Korb: Gentlemen? No? Okay, great. Thanks.

Don Fuchs: Thank you so much.

President Korb: Mr. Hamrick? Just state your name and the address of your business would be great, for the record please.

John Hamrick: John Hamrick, Hamrick’s Towing, 1277 Maxwell Avenue. Gentlemen, I’m not going to stand here and give you a long line of whatevers and what ifs. You all know me. I’ve been your towing provider for six years now. I’ve never had to stand up here in front of the Commissioners about complaints or anything, and I have followed these contracts to the “t”, everything that they’ve wanted in these contracts. Everything. The zoning, the license plates, everything. I’ve been right to the money. There’s never been nothing. My bid has been the same for the last three years. There’s not been any change in the bid. Yes, I wanted to bid the contract last year, because I wanted a fuel escalade price in there because of this fuel. The city decided they didn’t want to do it. My issue is, Tri-State Towing does not meet the qualifications of the contract. He bidded those contracts with Kentucky tags on those trucks, and it specifically states in the statutes of the State of Indiana that you must be a registered, the license bureau, let me read it, I’m sure you all know what it is:

“The bureau, which is the Bureau of Motor Vehicles, shall design and issue a license plate that will designate a registered vehicle as a recovery vehicle.”

It’s pretty plain and simple. Actually, Indiana even has a wrecker plate for an apportioned tag. They even designed one of those. I met those contracts to the “t”. I’ve always had the proper zoning from day one. I’m not going to sit here and cut down Mr. Tri-State Towing. As you all know, he operated in the old Mike’s place for three years. The zoning was never right. All the cars in and out. He got away with it. I also have a letter here from the Chief of Police about Tri-State. I’m not going to read it. I think you all know what it is. I meet the qualifications, and I should have the contracts. I will meet the price that he bidded. The deal about this $70,000 worth of savings, what they’re not telling you is 60 percent of those cars don’t ever get picked up. They’re left. Then we have to go through our auctions to sell the cars ourselves. So, it’s, you know, that’s not a savings to some part, but not totally. A lot of those cars are left. It’s more so now than it was before, because people don’t have any money. These cars that we get, they’re left just right and left. I’m, just like I said, I’m not going to stand here, you all know me, I don’t have to stand up here and give you a big speech.

Commissioner Tornatta: When does, let me ask you the same question. When does your first day of towing start? I mean, first day of storage start?

John Hamrick: If it comes in like an hour or two before midnight, we don’t charge that storage. It’s after midnight.

Commissioner Tornatta: Okay.

John Hamrick: Like, if they have a wreck right here, right now, and they’re in there in a few minutes, to get it out in an hour or two, we don’t generally charge them storage. We let them go. Because a lot of people, like here lately, they have these little fender benders, and they’re there within 30 minutes or so to get their vehicle.

Commissioner Tornatta: Okay, what is your policy now on like to, I’m talking when you first come in the storage, so you’re charging a storage fee on the first day?

John Hamrick: Calendar days, yeah.

Commissioner Tornatta: Okay.

President Korb: So, we have a wreck leaving this building and they tow my car to your lot and it’s 2:00 in the afternoon.

John Hamrick: And you come and get it?

President Korb: And I come and get it at 3:30 or 4:00.

John Hamrick: There would probably be a storage fee on it probably.

President Korb: Okay. A storage fee of the–

John Hamrick: But, you’re probably not going to pay that yourself anyway.

President Korb: Okay, twelve bucks. Alright.

John Hamrick: Because you’re going to have insurance.

President Korb: Maybe. I mean, I hope so. Not if I’m from Mozambique I won’t have insurance to pay for that. Okay.

John Hamrick: Do you all have any questions?

President Korb: I don’t. Gentlemen, do you have any questions?

Commissioner Nix: I would like to hear from the Sheriff. I don’t know if you have any comments on, not necessarily a preference, but if, I mean, you guys deal with these people day in and day out.

President Korb: Mike, do you want to come on up too?

Eric Williams: Pardon my voice, I’m still a little under the weather, but I would be happy to answer questions. I mean, we currently have a working relationship with Hamrick’s and it’s been good. We have, the few issues that we have had we’ve been able to work out. So, you know, I appreciate his willingness to cooperate and work with us. He’s been a good corporate citizen. My office doesn’t have any track record with Tri-State, since they haven’t had the contract. So, I can’t really speak to the quality of their towing. You know, I’ve known those guys though over there for awhile in their other capacities, and they’ve historically done a decent job. So, I can’t really say anything negative about them. Nor would I want to. There was one point brought up, that I would correct though, if the county chose to award their contract to somebody different, that would not be that huge of an inconvenience for us. We could work around that one. As far as jurisdiction goes, if the Sheriff’s office calls for it, regardless of whether it’s inside the city limits or not, we’re going to use the county’s contracted wrecker, because it’s the county that’s making the request. Evansville is within the county, so we would use the county’s regardless of that. So, it’s really going to be whoever’s got the jurisdiction over the crash and is actually taking the lead on the investigation.

Commissioner Nix: Even if it was an accident in the city?

Eric Williams: If my office is working it, we would use the county’s contracted wrecker service regardless.

President Korb: Because it really just depends on who calls it in, is that what you said?

Eric Williams: Yeah, whoever is taking the lead on the investigation.

President Korb: Okay.

Eric Williams: But, I would be happy to answer any questions.

President Korb: Any other questions for the Sheriff? Gentlemen, you all walked up.

Commissioner Nix: A familiar face.

Steve Bagbey: Yeah, unfortunately. My name is Steve Bagbey. I’m the former City Councilman of the second ward. I hadn’t planned to speak, but, as usual, when I–

President Korb: No?

Steve Bagbey: –hear things–

President Korb: You’re kidding. Really? I’m stunned.

Steve Bagbey: I’ll stand up. The problem that, in my term in office, with towing in the city was, the problems with Mike’s Towing. Even though it was right outside my ward, it was right across the levee. I lived through that and fought with that problem with EPA and etcetera. Then when Mike moved out, Tri-State Towing came in, and of the opinion of several attorneys at that time, they were in violation. The thing that caught my eye, they were towing vehicles in the City of Evansville with Kentucky plates. When Mr. Hamrick got the bid, he got my ire, because we had a day very similar to today, and I thought he was woefully unprepared for an ice storm. Those who know me know that I can get in your face. I had a lot of complaints about Hamrick Towing when he first took over. I made it my business to start getting involved in that issue. The one thing in the other part of my life, as a law enforcement officer, I’ve traveled all over the country. I began to see an inventory system take place at Hamrick’s Towing that I have not seen other than in Tampa, Florida. The thefts of the vehicles started to go down, according to my former law enforcement buddies, from the lot. We didn’t have complaints about that, according to my former comrades. I then began to hear no complaints as a representative of the second ward on the towing service. I just really met John about a year ago, and got to know him as a person. So, when this thing came up for bid, I thought it was very interesting that Tri-State Towing was the subject of a Police memorandum from Captain Gary Voegel in April, reminding the uniformed division that Tri-State Towing did not have the contract to pick up vehicles off the city streets. I personally read that memorandum. I do know as a board member on the Central Dispatch, that at the awarding of the contract which I thought took place on January 1^st of 2009, that Tri-State Towing is going to tow vehicles on accidents within the city, picking them up. I read the contract, correction, I read the specs because I got very interested in this issue. I even followed a wreck towed vehicle to the Commonwealth of Kentucky, with Vanderburgh plates. Not to North Evans. Now, I don’t know all the ins and outs of that, but I thought it was very interesting, again, that this tow truck operating in my city, supposedly paying taxes to the city and the county had Kentucky plates, and that bothered me. Not that I want to (Inaudible) against my relatives in the Commonwealth of Kentucky, but I thought it was very clear in the minutes. So, when it comes to about ethics, and it comes to about doing the job correctly and meeting the letter of the law, I should say what’s specified in the specs, I think the tip of the hat should go to Hamrick. If you’ve got any questions, I’ll feel free to answer them. Thank you. Any questions?

President Korb: Thanks, Steve. Michael?

Mike Duckworth: Mike Duckworth, Superintendent of the County Highway Department. Just a couple of brief points. First of all, I want the Commissioners and everyone involved to understand that when we, a county entity, have a piece of equipment go off the road or turned on its side, you’re talking about $120,000 to $150,000 piece of equipment. You want to make sure that we’ve got a recovery service that can handle pulling that up, that doesn’t just grab a hold of it with a chain and jerk it. Because there’s a lot of damage and a lot of cost factors that fit into that. I started this position right after the 22 inch snow of ‘04. But there was still a lot of recovery efforts and things being taken place at that time. John Hamrick was one of the first people to call me. We have worked together on a number of different things from the tornado, the recovery of all those vehicles, to situations like today. I think we’ve had over 30 roll offs today alone, before I came here. So, I would just tell you, anything that we’ve needed from tornados, I think there was one instance when there was cattle, a cattle truck that was wrecked, he took the cattle to his property and stored them there until they could properly be, you know, taken care of. Now, you know, that’s kind of funny, but when you’re dealing with highways and police and public safety situations, and you’ve got situations like that, you need a company that you can depend upon, that you can pick up the phone and call and they’re there. I mean, they have been that kind of a vendor. I too have an issue with the licensing. I don’t know what the legal ramifications are, but I will tell you this, the benefits of licensing and taxing and wheel tax, excise tax, and gasoline tax comes back to pay for the maintenance of our county streets. I think it’s extremely important that those people need to be paying the usage tax of our roads for Vanderburgh County so that we realize those benefits. So, the County Council and I don’t have to, I don’t have to stand up here in front of them anymore, but because you know, things are tight, and the more that we have revenue coming in, the better off we’re going to be. So, I don’t know anything about Tri-State Towing, I don’t know that they would be detrimental or bad, I’m just saying that what we’ve had to deal with has been a quality recovery service, and my recommendation would be to continue that.

President Korb: Mike, real quick. I have a question for you. Is the rumor true that Mr. Hamrick was actually shadowing the gradall from like June on in case it broke down on a regular basis? So, he could tow it in for us.

Mike Duckworth: Well, that gradall needs more than a shadow. I can tell you that right now.

President Korb: Well, I (Inaudible) a truck to that.

Commissioner Nix: Don’t get him started.

Mike Duckworth: Band-aids and duct tape.

President Korb: It’s my last meeting. I’m going to have a little fun here, folks. Okay, that’s all I got. Marty, do you have something you want to say? Then, Don, we’ll let you speak. Okay? I promise.

Don Fuchs: Thank you.

President Korb: You’re welcome.

Marty Amsler: My name is Marty Amsler. I live at 4009 Fairfax Road. I’m also a member of the Evansville Safety Board. However, I was not at their meeting last week. I was out on personal business. My daughter gave birth to premature twins, and we had a little crisis within the family. But, being a member of the Safety Board, I had an opportunity to review the contract. I reviewed the specifications. Having put together bids in the past for both federal, state, local, county, and city, if you do not follow what is in the specifications, your bid is thrown out. It doesn’t go any further. Bill knows this. What is happening here, that it said in the specifications, that the tow trucks had to be licensed in the State of Indiana. That’s at the time when the bid was put in, not later on, not when they’re getting ready to bid on the thing or whatever. It’s how you stand when the bid is, you know, are received by the city and county. To be honest with you, Tri-State Towing did not fit that bill. I went back to Debbie and I told her, I said, they’re disqualified. But, for some reason, they decided, within the city, to allow it to go on through. I’m glad I had no part of it. But, please, just take a look at the specifications, and that’s all the further you go. You don’t even go to the pricing. Thank you.

Commissioner Nix: Mr. Ziemer, a question, in your interpretation, and we’ve spoken over the phone over this, I guess, last week before the meeting, are you comfortable that Tri-State does meet all the qualifications?

Ted C. Ziemer, Jr.: Yes. Not to disagree with Mr. Amsler, it’s my opinion that the, there are some things stated in a bid document that require, say on their face that they must be in place at the time the bid is submitted. For example, a drug policy, the bid documents say that you must have it in place when you submit your bid. That was not stated with regard to the general provision in the bid documents regarding licensing and compliance with local, state and federal laws. However, it is clear to us, and we did research this, that a Kentucky corporation, even though it’s authorized to do business in the State of Indiana, must be registered in the State of Indiana, if it’s going to operate recovery vehicles in the State. It’s my understanding, well, I know, because I’ve seen the documents, Tri-State Towing did, after submission of their bid, obtain a registration of all of their vehicles. Three or four of them, the large ones, were already registered under the International Registration Plan, so they did not have to be re-registered. But, the smaller ones were registered, and they are now registered, and I don’t think that requires the bid to be thrown out.

Commissioner Nix: Thank you.

President Korb: Don, come on up.

Don Fuchs: Thank you.

President Korb: You’re welcome.

Don Fuchs: Let me just follow up on the comments of Mr. Ziemer. Mr. Ziemer contacted me when, concerning this issue of proper licensing, cited to me three Indiana statutes, asked for my interpretation. My interpretation is, as Mr. Ziemer’s is, is that we did qualify, even though Mr. Crawford did not have registration here in the State of Indiana. However, in an effort to resolve this matter–

Ted C. Ziemer, Jr.: Excuse me, Don, I just want to make it clear–

Don Fuchs: Yes.

Ted C. Ziemer, Jr.: –I don’t think they qualified before they registered their vehicles in the State of Indiana. That’s what I said.

Don Fuchs: I apologize. Ted, I guess, I would take a different view of that statute, that I think they do qualify, but and not to have any controversy or any issue about this, our client immediately went to the Indiana Bureau of Motor Vehicles and registered all the trucks, the towing trucks in question, and paid, and I have the receipt here, paid $10,251 to the State of Indiana to have those vehicles registered. So, that this issue would not, would be laid to rest. What I want to be very clear is that this payment was made even before the city contract was awarded. So, it was not, let’s wait and see if the city awards this contract, and then we’ll determine. In an effort to bring this matter to an end, our client went and advanced a considerable amount of money to settle, to get this issue addressed. Thank you.

John Hamrick: I’ve got one thing that I would like to say.

President Korb: Did you want to ask a question of Mr. Fuchs?

Commissioner Tornatta: I just want to call for the question.

President Korb: Okay, John, real quick.

John Hamrick: As you all know, my attorney is Les Shively, and he’s not here, he’s out of town for the holidays. I went and called another attorney, a guru on tow trucks. His name is Michael McGovern, and he works, he’s out of Knoxville, Tennessee. This is all he does is tow trucks. That’s it. Everything, that’s, and I asked him, he don’t have a dog in this fight, and I said I just want your opinion, that’s all I want. It says:

“I received your 42 page fax. You contend that your company is the only company that submitted a bid that fully meets the bid requirements. The winning bidder, from Kentucky, did not meet Indiana vehicle registration requirements at the time the bid was submitted. Furthermore, Tri-State’s recent Indiana truck registration has come too late to be considered for the bid.”

If you guys need copies of it, I’ll give it to you.

President Korb: Okay, yeah, you’ll want to give one to Madelyn for the record, John. Thank you. Discussion, gentlemen?

Commissioner Nix: I guess, you know, we have gone through this process over the last two years, year and half, it’s been four years in my case. I think, if you put something to bid and you see that you’ve got apples to apples with everything else, other than two line items here, semi-truck $50 to $60, there’s a ten dollar difference there, and then per mile charge, it looks like Hamrick’s is a little less, but all the rest of these are cheaper than Hamrick’s. So, I guess, if we do this exercise and we don’t at least pay attention to this, if they meet all the rest of these requirements, to me it just doesn’t make sense that we wouldn’t go with the low bid.

Commissioner Tornatta: Well, I mean, I think that there’s a certain comfort level in a relationship that you’ve developed. This is a service that’s provided.

Commissioner Nix: That’s right.

Commissioner Tornatta: This, the bid–

Commissioner Nix: I’m not arguing that at all.

Commissioner Tornatta: –and I’m not real sure, the prices are nice to have, but the service is what we really need to address. And, we’ve had an issue, I mean, this is essentially where I come from, we’ve had an issue, we’ve had to get our attorney to stop the ambulance chasing by Tri-State, and the delivery of pamphlets out. We’ve had to stop that. It is not, did not bode well that we had to do it not once, but twice.

Commissioner Nix: I guess, my point though is, why go through this exercise if it’s a service we could have just awarded it.

Commissioner Tornatta: Well, I don’t know why we didn’t do qualifications, at that point. Then when we go through qualifications, after we had our meetings, after we were talking about, after we had opened the bids, after we opened the bids, then we had to go back and find out were they qualified. At that point, we find out where they qualified. Tri-State was not qualified. So, then they spend $10,200 to then put theirselves into qualifications place. I think, post haste is, that leads me just to another responsibility level with this contract. I know what you say you can do, I know what you put down on the paper that you can do, but we had to go back and check and you didn’t have that done.

Commissioner Nix: Okay.

Commissioner Tornatta: So, you know, when it comes back to relationships, when it comes back to service and bid qualifications, and when we look at the issue of being registered, or not registered in Indiana, I think that that poses big problems no matter what the price is on this. We talk about interpretations and views, I mean, in my view, I like the service relationship that we’ve had.

President Korb: I need a motion. I’ve learned not to say much. So, I learned that a little too late in the game, but I’ve learned not to say much. Winnecke’s laughing because he knows it’s right.

Commissioner Tornatta: With that being said, I’m going to recommend Hamrick’s take over this contract, or continue the contract.

President Korb: I would second that. Discussion? All those in favor say aye.

Commissioner Tornatta: Aye.

President Korb: Aye. Opposed same sign.

Commissioner Nix: Aye.

President Korb: The motion passes.

President Korb: The next item on our agenda is permission to award the printing of the 2009 tax bills. Z.? Aw, you did not bring a big folder of papers to this meeting?

Z. Tuley: Yes, and you’re to read every piece of paper that I brought. No, we only had one bid. It’s the company that we’ve used for the last eight years, they do an excellent job. Completely satisfied with their efforts and their quality, and I would recommend that you sign the contract.

President Korb: Great.

Commissioner Tornatta: Do we want to take it under advisement, Debbie? Or are you comfortable with the contract?

Debbie Spalding: (Inaudible).

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.

Z. Tuley: Thank you. Merry Christmas to each of you.

President Korb: Merry Christmas to you too. Leave that folder at home next time. You freaked me out.

President Korb: Approval of block repairs at the Centre.

Dave Rector: I’ll be right with you.

President Korb: Okay, request for extension of payment of back taxes for 2664...you’re killing me here.

Dave Rector: Okay, David Rector, Building Authority. Good morning.

President Korb: Thank you.

Dave Rector: This is the repair of the parafet block and brick that I showed you pictures of last week at the department head meeting. I request permission from F&B money to make that repair, approximately $10,000.

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.

Dave Rector: Thank you, gentlemen.

President Korb: Thanks. Merry Christmas to you.

Dave Rector: Commissioner Korb and Nix, it’s been a pleasure working with you.

Commissioner Nix: Thank you, Dave. Appreciate it.

President Korb: Feel the exact same way.

Dave Rector: Commissioner Tornatta, I look forward to working with you–

Commissioner Tornatta: Thank you.

Dave Rector: –for the next four years.

Commissioner Tornatta: Sounds great.

Dave Rector: Thank you all.

President Korb: The last item, is the extension of the payment of back taxes for 2664 Mt. Vernon Avenue.

Commissioner Tornatta: We have awarded three extensions, and I think even from Ted’s opinion on that, that if we’re doing that before March 1^st, if we have one that wants to try to do the same, we should exercise–

President Korb: That’s my question, is it a March 1^st deadline? Or April? March 1^st?

Ted C. Ziemer, Jr.: That’s what we’re recommending–

President Korb: Okay.

Ted C. Ziemer, Jr.: –so that we can get the auction done, you know, in 2009.

Commissioner Tornatta: So, we would also recommend 2664 Mt. Vernon Avenue put on the March 1^st deadline to have those taxes due.

President Korb: Okay, super. Is that a motion?

Commissioner Tornatta: That’s in the form of a motion.

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.

Commissioner Tornatta: Motion to adjourn.

Commissioner Nix: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. We’re adjourned.

(The meeting was adjourned at 11:15 a.m.)

Those in Attendance:

Jeff Korb                                   Bill Nix                                      Troy Tornatta

Bill Fluty                                    Ted C. Ziemer, Jr.          Madelyn Grayson

Don Fuchs                                Gary Crawford                          John Hamrick

Eric Williams                             Steve Bagbey                           Mike Duckworth

Marty Amsler                            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.)