VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

FEBRUARY 1, 2005

The Vanderburgh County Board of Commissioners met on this 1^st day of February, 2005 at 3:30 p.m. in Room 301 of the Civic Center Complex with President Suzanne Crouch presiding.

President Crouch: Good afternoon. Thank you for being here. We will commence with the Board of Commissioners meeting of Vanderburgh County, February 1, 2005. We will start to my far right, I’m Suzanne Crouch, I’m the President of the County Commission, and if we could move to our far right we will do introductions.

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

Commissioner Musgrave: Commissioner Cheryl Musgrave.

Commissioner Nix: Bill Nix, County Commissioner.

Madelyn Grayson: Recording Secretary, Madelyn Grayson.

Bill Fluty: Bill Fluty, County Auditor.

President Crouch: Please join us in the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

President Crouch: Thank you. Our first item of business is approval of the minutes.

Commissioner Musgrave: Move approval.

Commissioner Nix: I second that.

President Crouch: This is for the January 25^th Commission meeting and department head meeting. All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

President Crouch: Action items; contracts, agreements and leases. The first item on our agenda is the Mulberry Center, and–

Commissioner Musgrave: Would it be appropriate for me to make a motion to approve all the contracts?

President Crouch: I believe that some of them are ready to approve today, and some aren’t.

Commissioner Musgrave: Okay, well, which one’s are not ready to approve today?

Ted C. Ziemer, Jr.: As I’ve indicated in my e-mails to the Commissioners, the Mulberry Center agreement is not ready, the YMCA agreement, and the EARC agreement is not. The Sonitrol agreement is, and I have that with me, and the Health Department is.

Commissioner Musgrave: Okay, so I move to hold until a future meeting the first three; a, b, and c, and move to approve d and e, the County Highway Sonitrol and the Health Department, Tim Thompson.

Commissioner Nix: I second that.

President Crouch: Would your motion include the change in the Health Department to have the maximum of $8,000, as opposed to $15,000?

Commissioner Musgrave: Yes.

Ted C. Ziemer, Jr.: Madam President? For discussion, there are two agreements there with that, there is the....here, just a second.

Commissioner Musgrave: (Inaudible)?

Ted C. Ziemer, Jr.: Yes. One was attached to the other, let me just find it here. There is an agreement entitled, “Consulting Services for Vanderburgh County Health Department”, which contains the provision for the hourly rate, and currently provides for a maximum which has been changed to $8,000.

Commissioner Nix: And that was, before, $7,500?

Ted C. Ziemer, Jr.: It was $15,000.

Commissioner Nix: Oh, $15,000, okay, but that was the other one.

Ted C. Ziemer, Jr.: Then, attached to that, let me get past all the appendixes, is a separate agreement for HIPPA compliance called, “The Vanderburgh County Department of Health Business Associate Contract”. Madelyn, do you have that attached to the copy that you have?

Madelyn Grayson: Yes, I do.

Ted C. Ziemer, Jr.: That’s a separate document, so, it should be....I have reviewed it, and it’s appropriate for execution, but you should approve each of them.

Commissioner Musgrave: I did have a conversation with the Councilmember who is the liaison with the Health Department, that’s Marsha Abell. She was interested in learning more about the HIPPA agreement. So, I’m not sure that we should pass that one today, if that is to hire somebody to do the HIPPA compliance.

Ted C. Ziemer, Jr.: It is not to hire anybody.

Commissioner Musgrave: Okay.

Ted C. Ziemer, Jr.: It’s to make Tim Thompson comply with HIPPA as a contractor with the Health Department.

Commissioner Musgrave: That’s fine then. Include that in my motion.

Commissioner Nix: I second that.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

President Crouch: The next item on our agenda is the Old Courthouse event lease, and I believe, Mr. Ziemer, this is just a standard lease that you have reviewed and made changes to?

Ted C. Ziemer, Jr.: I have reviewed it and made substantial changes. The highlighted copy of it, with the changes, and the clean copy for execution, if you approve it, was sent to you and to B.J.

President Crouch: So, this would be the lease that we would distribute from this day forward, if it’s approved?

Ted C. Ziemer, Jr.: Yes, ma’am.

President Crouch: Okay.

Commissioner Musgrave: I’ve read that, and it looks very good. Thank you for your work on that.

Ted C. Ziemer, Jr.: Absolutely.

Commissioner Musgrave: Move approval.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

President Crouch: Next item, we do have a request from the Evansville Police Department. They are asking that we waive rental of the Centre. They also are asking that we waive overtime charges. As you recall, we did pass a resolution, I believe last week, where we did say that we would waive the rental to government entities, but we would not waive the overtime charges. So, your motion needs to reflect what it is that you care to do.

Commissioner Nix: I move that we approve the rental but not the overtime.

Commissioner Musgrave: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

President Crouch: At this point in time, if there are any department heads that have items that the Commission need to take action on. I believe that Purchasing is here, and we do need to take action on some items. Mr. Lawrence?

Phil Lawrence: If you could open VC-02-2005, tax bills.

President Crouch: Do we have a motion to that effect?

Commissioner Musgrave: So moved.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

Ted C. Ziemer, Jr.: Are there any other–

President Crouch: Are there any bids in the audience regarding the tax bills? Seeing none, Mr. Ziemer, could you open the bid?

Ted C. Ziemer, Jr.: Certainly. While he’s reviewing that, we can go ahead and move on to permission to advertise.

Commissioner Musgrave: I make a motion for permission to advertise the two on our agenda, APA-014-2005, APA-015-2005. Was there a correction about the date and time that needed to be made to that?

President Crouch: That, the opening, or the date that is advertised for bid opening is the Board of Public Works meeting. Then it will come here afer that.

Commissioner Musgrave: Okay. So, that’s my motion to give permission.

Commissioner Nix: I second that.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

Phil Lawrence: Thank you.

President Crouch: You can stay here, and when Mr. Ziemer is ready.

Ted C. Ziemer, Jr.: I have a question for–

President Crouch: The next item on our agenda, I don’t believe Burdette Park has any items that need action. The County Engineer.

John Stoll: I have two items, first is a reimbursable utility agreement for the Lynch Road project, section three. This is for the relocation of the Texas Gas line that’s out in the easement that we will require them to relocate as part of the Lynch Road project. The agreement amount is $336,074. Of that, our share will be 20%, assuming INDOT funds the project, that’s the typical 80/20 split. I’ve had Ted review the agreements, and he was okay with these. So, I would request the Commissioners approve the agreements.

Commissioner Nix: I make a motion that we approve.

Commissioner Musgrave: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered. Any other items, Mr. Stoll?

John Stoll: The second item that I have is a street plan approval request for section nine of Metro Center Subdivision. This is the same subdivision that I brought a sidewalk waiver request to you last week. Here’s Virginia Street down here, this is Royal Avenue along the left side of the sheet. American General’s building sits at this corner over here. Basically, all we’re approving is the segment of Metro Center Drive from Royal Avenue back to approximately this location. It will be the same as the rest of Metro, a concrete street with curb and gutter. I’ve reviewed the plans, the designer has made the changes that I’ve requested. So, I would recommend the Commissioners approve the street plans.

Commissioner Nix: This doesn’t go through at this time, does it? This part?

John Stoll: It does go through up to about here. They recently built an indoor soccer complex right here, and the street goes up to their driveway.

Commissioner Nix: So, this is tying this in?

John Stoll: Right. It will be continuous from the intersection of Metro and Virginia around to Royal Avenue.

President Crouch: Any questions?

Commissioner Nix: I make a motion that we approve that.

Commissioner Musgrave: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

John Stoll: If you could sign here on the roadway plans portion right here. Oh, I’m sorry, down here. Those were the only items that I had, unless you have questions on anything else.

President Crouch: Thank you.

John Stoll: Thanks.

President Crouch: County Highway Superintendent.

Mike Duckworth: Good afternoon, President Crouch, Commissioners. Just two or three real quick things, just for your information. First of all, I wanted to let you know and the public know that we have opened South Weinbach from the levee to 41, that had been closed due to high water. We’ve got that open. In addition to that, our crews are working rather extensively in the Old Henderson Road-Union Township area as well as the South Green River Road area because of the amount of debris that’s being removed. So, those areas are passable, but we are still working in those areas. We are cleaning, as I said, debris and working on wash outs around the shoulders. So, the public still needs to be aware of that situation while we’re working through this. We will submit some requests to FEMA for some of that work, so that the county can recoup some of their money. I wanted to tell you about two items that, I covered them last week, of course, we approved the purchase of a gradall, which is about a $269,000 piece of equipment. I have provided B.J. with some additional equipment that enables that piece of equipment to be more flexible. It’s two grapples for one existing gradall, and then the new one. I’ve provided that information to them for your consideration. As well as, I’m still gathering information on the salt brine production and the spray equipment for the mitigation of the ice and snow on the roadways. So, I wanted you to be aware of that, and that will probably be forthcoming at the next meeting. Thank you.

President Crouch: Any questions? Thank you.

President Crouch: County Attorney, Mr. Ziemer, do you have information on the bids please?

Ted C. Ziemer, Jr.: Yes, we have one bid for printing of 2005 tax bills, plus an alternate by the same bidder. The bid is for $100,260. The alternate bid is for $74,385.

President Crouch: And these were submitted by?

Ted C. Ziemer, Jr.: Oh, I’m sorry, Relizon. R-e-l-i-z-o-n.

President Crouch: If it pleases the Commissioners, we would take them under advisement for a week and let the County Treasurer review the bid to make sure it meets their requirements.

Commissioner Musgrave: So moved.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered. Mr. Ziemer, I do believe you have a lease?

Ted C. Ziemer, Jr.: Yes, I do. This was a lease sent to me by Steve Bohleber on behalf of an organization that wants to put on craft shows in the spring and fall of 2005 in the Old Courthouse. The same organization has run these craft shows in the Old Courthouse for a number of years. I made some revisions to the agreement relative to the space they’re requesting and the exact time that they will be using that space. Otherwise, I found the agreement satisfactory for execution, if that’s your wish.

Commissioner Nix: It’s my understanding that construction will still be going on, and they’re aware of that. I think they went through that last fall.

Ted C. Ziemer, Jr.: They indicated to me that they worked around the construction in November, when they had their last craft show, and that they will be able to do that again.

Commissioner Musgrave: Move approval.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

President Crouch: At this point in time we have board appointments. I would like to receive a motion to inspect, or to appoint as a home inspector Dwight Barnett.

Commissioner Nix: I second that. I’ll make the motion, I’m sorry.

Commissioner Musgrave: I’ll second that.

Commissioner Nix: Okay.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered. On Human Relations, our appointment, Dave Abbott, has a conflict with the date and the time. He has asked that we rescind his appointment, and we will appoint him to another board. But, I need a motion to rescind him.

Commissioner Musgrave: So moved.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered. On Redevelopment Commission, we have five appointments, if I could receive a motion to appoint Tim Deisher, Tom Shetler, and Dave Abbott.

Commissioner Musgrave: So moved.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered. Those are the only appointments. We do have a number, not a number, but we do have a few more appointments that we do need to make, and I would like all the Commissioners to work to get those all made by the next meeting, if that’s doable.

President Crouch: We will now move into new business, first item is Mr. Robinson, with Vision E.

Ken Robinson: I’ve got a couple of handouts here to pass out here. Madam President, members of the Commission, my name is Ken Robinson. I’m Executive Director of Vision 2000, Vision-e, I’m sorry. We changed our name this year, since people are asking us since the new millennium started, when are we going to update the name. So, we are now Vision-e. I think, my purpose here today is to kind of give you an update of Vision-e, and where we’re going. First of all, I would like to kind of give you a little background, we were formed back in 1990 as an economic development attraction agency for Vanderburgh County and the three surrounding counties, in terms of marketing the advantages of the Evansville region. We had one simple mission, and that was to attract jobs to the Evansville region. We have modified the mission statement to include retention and expansion, as noted in this year’s activities by our board, to increase our economic development activities to include, not only the attraction of new jobs and investment to the Evansville region, but also the retention and expansion of jobs and investments as well. So, we have really been successful, because we have a focused mission. The board structure is something that seems to always come up about Vision-e, and what I would like to offer is how we’re put together. Basically, we’re a 501(c) (3), non-profit corporation. We’re a true public-private partnership. With your support and the support of the city, combined with that of the private sector, we are really a true public-private partnership economic development organization. We have 13 members, 11 of which are private sector, and two of which are public. This board serves on the board of Vision-e, as well as the Mayor from the City of Evansville. The slots are either elected or designated, or they’re appointed. We currently have 13 board members, as I said, two of those board members are here today, Joe Theby and Ed Hafer are with us. I don’t know if I’ve missed anybody else. I have provided a list of the past board members, so we have had quite a bit of activity on the board over the years. Our successes have been over 40 projects, and I listed some of the larger projects, the more notable projects that we’ve been involved in. We, as I said, we’re a partnership, so, we assist in the attraction of new business and industry to the area. We were part of the team that worked on the Toyota project, for example. We were the lead agency to attract Azteca Corn Milling to Vanderburgh County. As I read down the list of the other large ones; Collis Corporation, with the help of the Evansville Industrial Foundation, who built a spec building, and then we helped find the prospect for that spec building. They are currently a Whirlpool supplier. The others; Allison, Graham Packaging, Total Interior Systems, which is a Toyota supplier. Accuride, which received a great amount of help from the county to locate them out in the county portion, near 164, a very important project for, from a headquarters standpoint. Just recently, the announcement of United Components on north 41, which involved the help of the county in convincing them to attract them to locate their new headquarters in Vanderburgh County. The impact is really what the bottom line of economic development is all about. What has the impact been on the community? With our involvement either in partnering with other organizations, or direct involvement, we have been involved in over four billion dollars worth of new investment to this area, which has resulted in over 6,000 new jobs. Many of those are actually contained in Toyota, but there are quite a few spin off benefits from that particular project and the other projects. This creates what really is the engine that drives the economy, and that’s the annual payroll, the recirculating payroll that occurs from these projects. The calculations that we have used are 500 million dollars of new payroll circulating through the economy. That’s payroll to send kids to college, to buy groceries, to buy new cars, pay your taxes, whatever is involved. At this point, we’re really fundamentally looking at Vision-e’s activities in three areas, and that is continuing our retention, or our attraction program, and getting involved now in the retention and expansion program of the larger companies, and then other economic development activities that we get involved in, such as the certified technology park, or the health sciences initiative, or other, maybe air quality issues. But, Vision-e has become a major player in trying to, you know, broaden the economic horizon of the area, as well as having to deal with some very specific projects related to our attractiveness. In 2004, we were asked by Azteca Milling to become involved in their expansion project. Since we worked on their initial project, they asked us to get involved in the expansion. That was a 24 million dollar expansion, which is currently underway right now. As I mentioned, United Components, six and a half million dollar investment, average job is $54,000 at their new headquarters. Those are very good jobs for the area, and we would like to capitalize on those kind of experiences with headquarter locations. We worked on Fed Ex ground out at the Vanderburgh Industrial Park. We also worked on a few smaller projects, Monarch Beverage, Monsanto Seed, which were relocation projects, and we have been working for the last four or five years on technology related issues. As an initiative of Vision-e, at that time Vision 2000, knew that we were getting inquiries from other companies, from companies about our technological capabilities. We really didn’t know what they were, so, we began the investigation into the use of technology from an economic development standpoint. That turned into a certified technology park designation that we were positioned to be approved as the tenth certified tech park for downtown Evansville, and then that lead to a grant of $280,000 that we received over the summer, I’m sorry, in the fall, from the Department of Commerce. So, we are really meeting a wide variety of objectives. Our 2005 objectives are very similar to those that we’ve had over the years, that is marketing, getting the word out about the Evansville-Vanderburgh County region, continuing with our certified technology park program. We’re going to build the retention and expansion program, since that’s a very new program that we just took on. We’ll be building that program and implementing that. Then we’ll be looking at a new regional initiative to involve others in economic development coordination throughout the region. That’s pretty much where we see ourselves going in 2005. I would like to finish there, and open it up to any questions.

President Crouch: Thank you, Mr. Robinson. Any questions by the Commissioners?

Commissioner Musgrave: Could you explain what the certified technology park is?

Ken Robinson: The certified technology park is a state program designed to allow communities to encourage the development of new technology, new companies to locate in a certified, in a technology zone. Traditionally, communities have put those in green field locations, and I, through our efforts, decided that we needed some help in downtown Evansville from a revitalization standpoint. This is really a program to help attract investment from a technology standpoint to help support downtown needs. I thought that technology is becoming, you know, broadband technology, for the most part, is becoming what I call the fifth utility. You know, everybody looks at water, sewer, electric and gas. Now, they are looking at broadband capabilities, and we really didn’t know what they were. We felt that the certified technology park, which is a partnership between the entity, which in this case is the city, Vectren Corporation, and also USI coming together to form a partnership to encourage new business development with in the certified technology park. One of our programs is to develop a high tech incubator, and we’re looking at a location right now to develop the incubator, and what we want to have in that location is a place where we can capture what I call the brain gain. Instead of those kids leaving the university and going other places, we want to have an opportunity for them to take their ideas, or entrepreneurs who have a good idea and want a place to take that idea to at the incubator, incubate that idea, and, hopefully, then build jobs and capital investment by keeping that interest right here in Evansville. Now, let me just back up, the real advantage, one of the advantages is that the state will, they more or less create a TIF of two taxes that are generated in the zone. One is any incremental increase in state income tax, and any incremental increase in sales tax generated in that district comes back directly to that district to be spent on technology needs. Those technology needs would be, the decision on how those dollars are spent would be through the Redevelopment Commission process.

Commissioner Musgrave: I guess, I just don’t have a clear idea on what kind of business you’re seeking to attract, software programmers, or what?

Ken Robinson: I think we’re, it’s so, you know, we’re kind of in the infancy of developing the whole program. The companies we want to attract eventually are engineering related companies that use high end software development, software developers, medical device companies, these are the typical companies that have been attracted to the other technology parks.

Commissioner Musgrave: Commissioners, I gave him a list of questions, and he promised to get back to me in writing, and when he does I’ll share those with you. Thank you.

Ken Robinson: Thank you.

Commissioner Nix: Thank you.

President Crouch: Any other questions? Thank you, Mr. Robinson. Mr. Hafer and Mr. Theby, thank you for joining us.

Ken Robinson: Thank you.

President Crouch: Next item on our agenda is Brent Robinson, Energy Systems Group. Brent?

Brent Robertson: Good afternoon. I’ve pre-distributed a packet of information for you. I’m happy to announce that progress at the Old Courthouse is going well. I’ve put together kind of a snap shot as far as where we’re at right now, and a sheet that kind of outlines some accomplishments that we’re going to try to make this month, and then I’ll entertain any questions that you have. Under HVAC ductwork, the ductwork systems are 99% complete. The grills, registers and diffusers are 70% complete. HVAC piping, the main heating and cooling loops are 95% complete, equipment room piping is 85%. We have 46 of the 53 fan coil units that are piped, and five of the six air handling units are piped. HVAC equipment, we have 48 of 53 fan coil units installed, five of the six air handling units installed. The building heat, right now, is being supplied by the five air handler units, and several of the fan coil units that are under temporary control. The permanent controls for those units should be installed later this month, and the thermostats will be operational at that point. We’ve also begun preliminary testing and balance work on those units. The plumbing in the restrooms, the women’s restrooms are complete and operational. The men’s restrooms are roughed in for plumbing and they have begun putting those back together, as far as architectural work. The men’s basement restroom, which had had some problems when we, it was installed under a previous contract. We’ve found those issues in the plumbing and have corrected those. So, it will be operational in the near future. Electrical-wise, the main electric gear is installed and connected to the temporary transformer. The power systems are being transferred to the new distribution system, as progress allows. The overall electric panels and distribution system is 90% complete. The surface mounted raceways for power and data are 60% installed. Sixteen rooms have new lighting completed, and our initial surveys, I went in in the evening and took some readings of the old lighting, back in, I think November, December time frame, and it was on the range of two to ten foot candles, which is very dim. The new lighting is providing an average of about 100 foot candles. The general trades, the drywall bulkheads at the windows are 99% complete. The ceiling systems are 55% complete. As I’ve stated earlier, the architectural work in the men’s restrooms should be complete some time next week. Windows, the paint removal is completed, the repairs and the glazing work is 98% complete, and painting in 25% complete. The painting is being completed as the weather permits. We have, in the last couple of weeks, had two or three days where we’ve been able to come in and do some of the priming and caulking work on the front windows. Summary, the planned milestones for February is to install and connect all remaining mechanical equipment, complete all work in the tenant occupied areas, install and transfer the power to the new transformer, connect equipment to the new digital control system, and complete all the restroom work. The substantial completion date projected is March 31^st.

President Crouch: Brent?

Brent Robertson: Do you have any questions?

President Crouch: We will stay within budget? We won’t go over?

Brent Robertson: There’s been no change orders, and none are projected at this time, yes.

President Crouch: Thank you. Any questions?

Commissioner Nix: If we were to have change orders, before you proceed with anything, you would come to the Commission, is that correct?

Brent Robertson: Yes.

Commissioner Nix: Okay.

Brent Robertson: By nature of our business, those change orders would probably come from you to us, through the request of changes in the scope.

Commissioner Musgrave: I was just going to say that your report is very impressive. It looks great, and was easy to read and follow.

Brent Robertson: Thank you.

Commissioner Musgrave: As a person who actually worked in the Old Courthouse for, I think it was three years, it’s really encouraging to see some of the changes. The restrooms, the change there is so dramatic, it’s gosh, I think people can actually work there.

Brent Robertson: It couldn’t have gotten much worse.

Commissioner Musgrave: So, you should be really proud of the work that has been done. I just wish that we could have brought that lighting, the candle foot lighting change to all of the rooms. I guess, I’m upset that the third floor was mostly left off of that, and that’s where our county departments are. It’s still incredibly dim up there. Maybe in the future we can rectify that.

Brent Robertson: Yeah, I know we spoke about that earlier, and I didn’t have a good answer for you at that time. After doing some research, we, basically, did as little as we could on the third floor, because of some constraints that the historical society had asked us about.

Commissioner Musgrave: Thank you.

Brent Robertson: Okay. Thank you.

President Crouch: Thank you, Brent. New item, or new business. I don’t know if this is old or new, but the Commissioners were at the Convention and Visitors Bureau board meeting this morning. The Convention and Visitors Bureau did pass the extension of the 2% hotel/motel tax through the year 2009, with it then to continue at 1% from there on. In light of the fact that we did a former resolution, you know, to the legislature asking that it be set in at 2% through 2010, would the board like to make a motion that we send a letter to the legislature supporting the change that the Convention and Visitors Bureau did make this morning?

Commissioner Musgrave: Oh, definitely. I’ll make that motion.

Commissioner Nix: I guess, before, that was through 2009, and then 1% thereafter, is that correct?

President Crouch: That’s my understanding, yes.

Commissioner Nix: Okay, I’ll second that.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered. Is there any other new business?

Commissioner Musgrave: There is, well, legislative priorities. We had talked earlier about what we were going to plan to do at the legislature. So, I just want to inform the Commissioners that I will continue to work on specific property tax legislation. I’ll watch the bills that go through, anything that would reduce the cost to county government for raising, collecting the data for taxes, generating tax bills, I’ll be looking at that. I would specifically like to see the legislature eliminate the personal property tax form 101. I’ve asked if there are any bills that have that in it. I’ll ask for it to be amended or put in next year, but that’s the sort of thing that takes a long time. There are other minor, they seem minor changes in the law, but for officials having to do the work it occupies, and a number of employees way too much time and money. The ability to grant tax abatements is a law that is sun setting this year, and I will work to make sure that that does not sunset, so that we can keep that economic development tool going. Of course, the hotel/motel tax issue that we have here. I’m really pleased that the Convention and Visitors Bureau took such an interest, and they are going to continue to help us with that. But, that is basically it. I’m very interested in what’s going to happen at the legislature this year. I think we’re going to see so many changes, and that they are going to come probably all in a rush at the end, and I don’t want them to rush on us, I want us to be part of that. So, I’m just excited about the things that are going on up there.

President Crouch: Commissioner Nix? The only, and I echo your sentiment, the only other, there are a couple of bills regarding designating Mesker Park Zoo for revenues to come there, and Representative Becker has one of the bills, and I have asked her, and she has indicated that she will amend that to also include Burdette Park, which I think would be a positive. Then Senator Server also has a similar bill, and I think we should contact him to do the same on that. I also think that, not only should we work with the legislature, but we should work hard and lobby our departments, state departments for action that would benefit Vanderburgh County. Some of that would be the I-69, you know, that we are to receive monies later this year, and I think we need to be in close contact, and be on top of that at all times. Then, maybe look at ways to perhaps get Vanderburgh County and our surrounding counties, our neighboring counties in attainment, ozone attainment. So, you know, I would like to be involved in those projects. But, certainly, anything that we can do to benefit the citizens of Vanderburgh County, we’re going to do. Thank you, is there any other new business?

David Kifer: (Inaudible. Not at mic.)

President Crouch: Sir, we’re doing Commission business now, when we have public comment–

David Kifer: Oh, I’m sorry.

President Crouch: That’s okay.

Commissioner Musgrave: New business, yes. The Mayor and I’ve been watching this percolate it’s way through the neighborhood associations and the Police Department. The Mayor yesterday released a press release about the drug house ordinance for good neighbors. My understanding of this is that it would make the landlords accountable for the activities conducted on their property. They are proposing an ordinance to be adopted by the city. If I understand this fully, if you have a house and you rent it out and the people in the house are using it for illegal drug activity, after due process, if that continues, I think that they could even take the house. I would like us to ask the Sheriff to look at this ordinance and let us know whether or not we should pass it for the county. Because my fear is, is that if the city passes this ordinance, and the drug dealers are forced to move, they just move across the city line into the county. Frankly, if they’re going to move, I would like to move them across the county line.

President Crouch: Or to jail.

Commissioner Musgrave: Well, that too. So, do I need a motion to send this to the Sheriff for his recommendation?

President Crouch: If Commissioner Nix would like to make a motion, or if you would like to make a motion. I would also say that we need to get it to our County Attorney so that he also can review it. Do we need to–

Commissioner Musgrave: So, I make that motion to give it to the Sheriff and the County Attorney for their review.

Commissioner Nix: I second that.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered. And we will change the tape.

(Tape change)

President Crouch: Alright, any other new business?

President Crouch: Old business.

Commissioner Musgrave: I do have old business regarding the televising of the meetings. I wasn’t able to make the Building Authority meeting last week, as I was out of town, but the attorney, Joe Harrison, Jr., did report to me that the Building Authority has agreed to pay for the moving of the cameras from the Commission room to this room, so that we won’t incur costs for that. So, as soon as they can work out the details of getting the wiring and the cameras all in place, we’ll be able to resume. Our contract, as it stands, is for one year. I believe that one year is up in October–

President Crouch: It’s November, I believe.

Commissioner Musgrave: November? Of course, we have a certain funding amount that was set aside for that, some $20,000. So, our question then, the question I pose to you, is should we send a letter to the County Council asking them to participate in the televising of these meetings? We could do two Commission meetings a month, and do the two Council meetings. We would stay within our budget, and fulfill our contract for the year. Once I know when the cameras will actually physically be here, then I can start projecting how many meetings we’ll be able to televise, and how much cost. Because, we certainly don’t want to go over that. Just a little bit more about the funding, we would have to put in the budget this year for additional funding for next year. Because the agreement with the Building Authority to use the bond defeasance money is only for this year. So, Council would have to approve any funding for future years. At that time, they could renegotiate the $200 an hour fee, but right now we have that as a contract that we have to work with. I have also spoken today with Councilman Keith Jarboe about the city taking advantage of the cameras being here. I know that they have some bond defeasance money coming to the city as well, and even though I don’t support using future revenues for current expenses, that is what’s being done in the case of the county. So, they have some money coming back, and they could fund their project identically to ours. Mr. Jarboe has indicated to me that he will take this question, request, concept to City Council’s Monday meeting on February 7^th.

Commissioner Nix: Have you had conversation with the County Council on splitting the meetings up two and two?

Commissioner Musgrave: No, not at this point. I wanted to ask you first.

Commissioner Nix: I have no problem with that at all.

President Crouch: I certainly think that we ought to make that opportunity available to them. Of course, it’s their decision whether they want to be televised, but I think it’s--

Commissioner Musgrave: I’ll try to get a letter to them so that they receive it first thing in the morning. They have a meeting tomorrow, maybe they would even have the opportunity to discuss it tomorrow. If not tomorrow, then, I think we have a few weeks before the cameras actually arrive in the room.

Commissioner Nix: The cameras will be relocated from the other room then to this room?

Commissioner Musgrave: Right. The last time we talked with the technical people about this, they were going to leave all the wiring and mounting in that room, and install new wiring and mounting here. So, that if you ever wanted to resume televising in that room over there, you would just have to buy new cameras, you wouldn’t have to rerun all the wires.

Ted C. Ziemer, Jr.: I just have a question. The $20,000 of funding, is that the bond defeasance money that we’re talking about?

Commissioner Musgrave: Yes, it is.

Ted C. Ziemer, Jr.: And that would be for not only the....now, what about the cost of moving? Are they doing that with bond defeasance money, or not?

Commissioner Musgrave: No.

Ted C. Ziemer, Jr.: No, okay. That’s with other Building Authority money. Then they will also cover the two, I’m just thinking about developing the agreement. They will do the $200 an hour for the televising as well.

Commissioner Musgrave: Pretty much leaving the same terms in place.

Ted C. Ziemer, Jr.: In place. Thank you.

President Crouch: Do we have a motion to that effect?

Commissioner Musgrave: I’ll make a motion to send a letter to Council.

Commissioner Nix: I second that.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered. Is there any other old business?

Commissioner Nix: Madam President, I have one issue. This is pertaining to the County Highway Superintendent department. I would like to make a motion that we withdraw request of transfer of $16,003 from the Assistant Supervisor position to the Supervisor position, and a repeal of $24,281 from the Assistant Supervisor’s position to the County Highway fund. This is in reference to the pay increase of the Highway Superintendent and the elimination of the Assistant Superintendent’s position.

President Crouch: Is there a second? I will second that motion. I believe the attempt was to streamline the County Highway Department, and to get the pay in parody with the private sector, and also to save by doing that, by this action we would have saved the taxpayers over $50,000 a year. In the course of four years that would have amounted to $200,000. But, I will second your motion at this time. All in favor?

Commissioner Nix: Aye.

President Crouch: Aye. Opposed?

Commissioner Musgrave: Aye.

President Crouch: So ordered. Any other old business to come before the board?

President Crouch: At this point in time we have public comment. Is there anyone in the audience that cares to speak to the Commission.

David Kifer: If I may. I just need to make a brief record. Verdelski Miller is my attorney, in 82D03--

President Crouch: Your name, sir? And address?

David Kifer: I’m sorry. My name is David Kifer. My address is now 1128 Missouri St. I just recently moved. Verdelski Miller was appointed to represent me by the Public Defenders office in 82D03, or, no, excuse me, in 82D020308CM0660. This case was formerly 82D050307CM04488. The cause number was changed and twelve minutes were not transferred, it created a fifth amendment violation against double jeopardy. I cannot get the Clerk’s office to consolidate these cases. I cannot get in the Clerk’s office. They are telling me it’s trespassing. I can’t get in to get to my files. I’m trying to appeal this case. I can prove my innocence. I just recently, I came in and spoke with the County Attorney before this Commission met today, and he advised me to go talk to my attorney. Well, I went to the Public Defenders office, and apparently the Public Defenders office does not want to be held accountable for this, because they say Verdelski Miller is not affiliated with the Public Defenders office. I would have to pose the question, who is paying this man to represent me? I don’t understand this. These cases are related to 82D0303PL00933NN0660, which is also 04488. There was no complainant signature on the arrest report, and all three of the state’s witnesses refused to execute the document in the presence of the jury. You cannot prosecute a person under trial rule, uncited, I can’t think of it, without executed documents. Furthermore, you have to transfer the minutes of these cases. They are not, I am sorry to trouble you people, I know you have business, but I am a human being, I am a citizen of this county, the rights are retained by the people, and I’m exercising due diligence to get to the bottom of this, because Judge Pigman’s office, and Judge Pigman himself, I am not ashamed or afraid to say committed a crime of false informing against me, merely by not filing my civil–

President Crouch: Mr. Kifer, thank you for your comments, and we appreciate you sharing them with us–

David Kifer: I need your help.

President Crouch: –but, at this point and time, Mr. Ziemer, do we have any recourse?

David Kifer: I understand–

Ted C. Ziemer, Jr.: I advised you before the meeting, and I advise you again that there’s nothing that this Board of Commissioners can do for you at this time. I will re-extend my offer to talk to your attorney. You selected your attorney–

David Kifer: I don’t even know who’s paying him.

Ted C. Ziemer, Jr.: – Verdelski Miller.

David Kifer: I mean, who is he working for? I mean, he’s not working–

President Crouch: Sir, you’re out of order.

Ted C. Ziemer, Jr.: The Public Defenders office agreed to compensate Verdelski Miller as an accommodation to you, even though he was not on that staff. Verdelski Miller you selected as your attorney.

David Kifer: I didn’t select not to have fair justice though.

Ted C. Ziemer, Jr.: But, you did select Verdelski Miller.

David Kifer: You can’t say because I got a bad deal, that I waive my rights–

President Crouch: Sir, would you let the County Attorney finish, please?

David Kifer: Yes, ma’am. I apologize.

Ted C. Ziemer, Jr.: I’ve asked you to have him call me. If he has a suggestion as to what the County Commissioners can do to assist you. You told me that you called him and told him to call me, but he has not done that.

David Kifer: He was supposed to be here at this meeting today, and he has stood me up. I want that on the record as well. He was supposed to be here. He wrote it in his book, and he’s not here. I can’t, you know, well, it’s like, well, everybody, nobody wants to do anything, but I’m not going to leave. I want my right of redress, and I have that right in this country.

President Crouch: Sir, not at this forum, and I’ll please ask you to take your seat.

David Kifer: Well, how, at what forum do I go to, Ms. Crouch?

President Crouch: I think that–

Ted C. Ziemer, Jr.: It’s the judicial system.

David Kifer: And, and, and the separation of powers is legislative, judicial and executive, with the rights being retained by the people, and that is what I fight for today. I would appreciate this Commission having a little bit more empathy for it’s citizens when they are being treated like this by the county.

Ted C. Ziemer, Jr.: We have a great deal of empathy, but there’s nothing we can do.

David Kifer: Eight and a half months for a crime that carries six months just to go to trial is a violation of–

President Crouch: Thank you, sir.

David Kifer: –due process.

President Crouch: Sir, thank you.

David Kifer: I need help.

President Crouch: Thank you.

David Kifer: Just to (Inaudible). I mean, why would you want a judge who’s creating crimes against the citizens of this county to retain his self on the bench?

President Crouch: Sir, you are out of order.

David Kifer: I do not understand that.

President Crouch: Can you please take your seat?

David Kifer: Thank you, I have finished.

President Crouch: Thank you.

David Kifer: Have a nice day. Thank you for letting me make a record. I’ll see you again.

President Crouch: Thank you. Is there anyone else from the public that cares to address the Commission?

President Crouch: Moving on to consent items. There are two changes that we need to make. If your motion would include deleting the payment of requisition number 49 for the jail construction fund, that was done at a previous meeting, and if your motion could also include the terrorism risk insurance of 2002, which the insurance agent brought by that requires signatures that need to be filed.

Commissioner Musgrave: Question, last week we had a jail, or a Shireman document with a bunch of claims for payment, and I had a question on one of those. What was the resolution of that?

Commissioner Nix: I have not gotten an answer back from them yet.

Commissioner Musgrave: Then, that’s not on this list then?

Commissioner Nix: No.

Commissioner Musgrave: Okay. I would like to hold out the Perry Township Trustee’s standards for acceptance from my motion. I make a motion to accept the items as listed with the changes that Commissioner Crouch just added.

Commissioner Nix: I second that motion.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

Commissioner Musgrave: We have the Perry Township Trustee standards for acceptance which consisted of essentially a one page document listing salaries and amounts of money that food will be allowed in, and a couple of other things. I contrast that with the Knight Township Standards that we passed last week, which is, gosh, many pages, giving lots of information to people who need aid. All sorts of details, I think, that would be helpful for people. So, I will make a motion to ask the Perry Township Trustee to beef up their standards a little bit.

President Crouch: Has the County Attorney looked at that? Is that required? I mean, is what the Perry Township Trustee submitted, is that, is this something we could take under advisement–

Commissioner Musgrave: Alright.

President Crouch: –and let the County Attorney look? Because I want to be sure that–

Commissioner Musgrave: I agree.

President Crouch: – you know, that the offices are meeting the standards that are dictated by law.

Ted C. Ziemer, Jr.: Sure, I would be happy to look at them.

President Crouch: So, if we could hold that, and, which we’ve already voted on holding it, but have the County Attorney take a look at it and report back?

Commissioner Musgrave: I’ll make a motion that the County Attorney take a look at it.

Commissioner Nix: I second that.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered. With there being no further business to come before the Commission I will take a motion for adjournment.

Commissioner Nix: I make a motion we adjourn.

Commissioner Musgrave: I second that.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

(The meeting was adjourned at 4:24 p.m.)

CONSENT ITEMS:

         Employment Changes:

         Health Department (2)              VCCC (3)              Prosecutor (1)

         County Clerk (1)

         Travel Requests:

         Health Department (1)              DADS (2)              SWCD (1)

         Department Head Reports:

         Burdette Park                           County Engineer             County Highway

         Ozone Officer                           SWCD

         Commissioners:

         SWIRDC- Jobe’s Lane block grant project report.

         Torian Hofmann & Dillow:Terrorism Risk Insurance of 2002 &

         All Lines Aggregate Public Entity Package Application &

         Claims Service Contract with Alternative Services Concepts (ASC)

         Surplus Request Letter: Fax machine.

         Prosecutor:

         SW IN Multi-Agency Drug Task Force Grant Renewal Application.

         County Engineer:

         Surplus Request Letter: HP printers.

         Jail Expenses:

         Payment Requisition No. 50: $267,165.42

         Payment Requisition No. 51: $798,307.39

         Shireman Payment No. 7: $64,035

         Those in Attendance:

         Suzanne Crouch             Cheryl Musgrave            Bill Nix

         Bill Fluty                          Ted C. Ziemer, Jr.          Madelyn Grayson

         B.J. Farrell                      Phil Lawrence                 John Stoll

         Mike Duckworth              Ken Robinson                 Brent Robinson

         David Kifer                      Others Unidentified         Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Suzanne M. Crouch, President

Cheryl A.W. Musgrave, Vice President

Bill Nix, Member

Recorded and transcribed by Madelyn Grayson.