VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

FEBRUARY 19, 2008

The Vanderburgh County Board of Commissioners met in session this 19^th day of February, 2008 at 5:05 p.m. in room 301 of the Civic Center Complex with President Jeff Korb presiding.

President Korb: It is 5:05 on February the 19^th. I would like to call to order the meeting for the Vanderburgh County Commissioners. Introductions, please, to my right. Marissa?

Marissa Nichoalds: Marissa Nichoalds, Superintendent of County Buildings.

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

Commissioner Nix: Bill Nix, County Commissioner.

President Korb: Jeff Korb, County Commissioner.

Commissioner Tornatta: Troy Tornatta, County Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

President Korb: Join with me now in the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

President Korb: Before we get started, just real quickly, we are not prepared to discuss Hamilton’s tonight. If that’s why you’re here, you might want to go ahead and go watch the Purdue-IU game, and enjoy yourself there. But, we’re still working on it feverishly, I can promise you that. So, with that said, we’ll go ahead and continue on with the meeting.

President Korb: Action items, Patty, how are you? Good. Joining us is Patty Avery, and she’s in charge of Girls in Bloom. Patty, introduce yourself, and tell us.

Patty Avery: Patty Avery, I’m event director for Girls in Bloom. Actually, I guess, the answer to the question is, I’m about as fine as you can be four days out from an event for hundreds of fifth through eighth grade girls. The snow days, as you may have read in the newspaper, really threw us a wringer. Those were the days that the girls have traditionally brought the forms back to school, and the schools bundle them and send them back to us.

President Korb: Ah.

Patty Avery: So, hence we pursued a lot of additional publicity. The media has been wonderful. I’ve done a lot of interviews the last few days. There was an article in today’s paper. So, the word is we are ready for walk-ins. Actually, since Friday, about 300 registrations came in of girls and parents. So, at this point, we believe we’re at least on target for what we had last year. But, we built the event to grow this year, so, we actually have seats and workshops for up to 600 girls. So, we are ready. We are purchasing lunches to accommodate walk-ins as well. So, we’re very excited. Commissioner Korb will be there helping register these throngs as they arrive on Saturday morning. You’re all invited.

President Korb: You are welcome to join me there, if you want to. I mean, that’s–

Patty Avery: Well, this event takes place, in large part, because of you. We are extremely grateful. As you know, this is the fifth annual Girls in Bloom. We began with our first one four years ago at the Old Courthouse with 100 girls. So, this year we now have 17 workshops an hour planned. One of the ones I’m excited about, in the afternoon we actually have Go Girl Vote. Susie Kirk is bringing voting machines and working with Women’s Equality Day and the League of Women Voters to present a workshop on getting involved in the public process too. In addition to all of their other fun ones, scrap booking, and dance, and drama, and painting, and you name it, they’ve got it, but we’re also working with them on these issues too. So, we’re all very excited, geared up, and I do hope that you’ll come. We’ll be back, once the event is over, with a full report on how many girls participated. I do want you to know, the personnel at the Centre have been wonderful.

President Korb: Good.

Patty Avery: They have worked with us from day one–

President Korb: Great to hear that.

Patty Avery: –to make this feasible and possible. They’ve been extremely accommodating, and they’ve really gone the extra mile.

Commissioner Tornatta: Patty, give me the ages, please?

Patty Avery: Fifth through eighth grade.

Commissioner Tornatta: Fifth through eighth grade.

President Korb: I was going to say, believe it or not, people do watch this, so, if you don’t mind, give us a quick 60 second, what is Girls in Bloom? It happens this Saturday, starting at?

Patty Avery: At 8:30.

President Korb: 8:30?

Patty Avery: Registration opens at 8:30. It’s a day of arts and activities structured to build healthy self esteem in girls in the fifth through eighth grade. It’s a time that author Mary Pfeiffer says they lose their North star. They lose that sense of who they are, and that makes it difficult to make wise choices as they go on through adolescence and through middle school and high school. We’ve worked very hard to create a day where they can make safe choices, they can try new things in a non-competitive environment. The studies show that builds positive self esteem. That’s why we exist. Now, we’re very excited, this year is a milestone for us, because the girls who came to the first event as eighth graders, are now graduating from high school. One of our members actually sits on a very prestigious scholarship judging committee, and she shared with us that many of the girls who came back throughout high school as volunteers, have listed that as a volunteer activity. On this form they were asked what kinds of volunteer activities do you see yourself doing as an adult, and they said I want to come back and help with Girls in Bloom, or I want to start one in my new community. So, we’re very excited about the potential for it to even multiply. We actually trademarked this year, and we’re documenting everything so that we can help other communities start some new programs.

President Korb: The event is this Saturday?

Patty Avery: This Saturday.

President Korb: Starts at 8:30?

Patty Avery: 8:30, workshops begin at 9:00.

President Korb: A workshop looks like what, for a girl?

Patty Avery: They can choose from 17 workshops.

President Korb: Okay.

Patty Avery: Everything from hip hop, with my daughter, to painting with USI students–

President Korb: Great.

Patty Avery: –to Tai Kwon Do and Karate and soccer with the UE girls soccer team. So, they’ve got a broad range of activities. It’s absolutely free.

President Korb: I was going to say, the cost is free. Are parents allowed to stay with their child during the day?

Patty Avery: They are. We have a café area set up for the parents, where they can have a complimentary cup of coffee, or some munchies, or hang out with other parents. But, we also have space in the workshop rooms, where it’s feasible, the parents are welcome to sit along the edges. We often have chairs set up, and they’re welcome to stay in and watch the workshop.

President Korb: And the event runs how late?

Patty Avery: Until 3:00.

President Korb: Great, so, from 8:30 to 3:00, this Saturday, Girls in Bloom, free of charge, parents can come, middle school girls ages fifth grade through eighth grade.

Patty Avery: Fifth through eighth grade, and you can call the Girls Scout office, and ask for the Girls in Bloom extension, and we’ll be able to get back with you that way.

President Korb: They don’t have to be affiliated with the Girl Scouts or any other organization?

Patty Avery: No.

President Korb: They can just show up?

Patty Avery: The website is www.girlsinbloom.us.

President Korb: Great. Thank you, Patty.

Patty Avery: Thank you.

President Korb: Anything else? Anybody have anything else to say? Super.

Patty Avery: Please come by. I think you’ll really enjoy it. If nothing else, come at lunch. We have the New Hope drum line, and the Courier and Press karaoke idols.

President Korb: Great.

Patty Avery: So, it will be a great time.

President Korb: Good.

Patty Avery: Thank you.

President Korb: Thanks, Patty. Have fun.

President Korb: Next on our list is Z. Tuley. Z., welcome.

Z. Tuley: Thank you.

President Korb: Did you get your other homework done?

Z. Tuley: I did.

President Korb: Good, and Madelyn didn’t have to call. Hey! Hey, good stuff. Thank you.

Z. Tuley: Is this a new podium for me to conduct the tax sale with? Won’t that be nice?

President Korb: Dave Rector’s nodding his head. That’s a yes.

Z. Tuley: And the microphone will work this time so that everyone–

President Korb: Do they all work now, David?

Dave Rector: No, those aren’t the new ones.

Z. Tuley: Okay, okay. Well, last time I got to prove that I didn’t need one, which was almost embarrassing. I’m Z. Tuley, I’m the Vanderburgh County Treasurer. The last time I was here was back on January 29^th with a law required minimum to quote, I guess, some advertising on t.v. So, this time I wanted to make sure that I had the full report for you. What I had omitted from last time was the bankruptcy filings. This is part of the financial picture. It’s part of my budget, with having an attorney that specializes in bankruptcy. So, I needed to let you guys know that bankruptcy filings are up. We had 402 filings in ‘07, where we only had 346 in ‘06. American Financial Credit Service, who is the company that I had contracted when people don’t pay their personal property tax, their mobile home tax, the state assessed tax, when those things are not paid, we send out a demand. When the demand is not met, and payment is not received, then we certify those to the County Clerk so that they become a lien against that person on their credit report, typically picked up by credit reports and title companies. When that has not produced a payment, we then turn them over to American Financial Credit Service out of Indianapolis. In 2007, they collected $414,006.41, which is very, very good. From March to December of ‘05, when we first hired them, the first year we hired them, they made $385,022.25. Then collections were almost a million in ‘06. So, since the time that we have contracted, they’ve brought in over a million seven. They are very, very productive. I’m very pleased with their service. They’re very professional. They are at no cost to the county, because their fee to track the people down and solicit payment is then turned on the delinquent offender. They are obligated to pay that. So, we get full tax payment.

President Korb: Typically that fee would be how much, Z.? Do you know?

Z. Tuley: I’m sorry?

President Korb: Their fee is how much, approximately?

Z. Tuley: 25 percent.

President Korb: 25 percent of whatever is owed?

Z. Tuley: Of the delinquency, uh-huh.

President Korb: Wow, okay.

Z. Tuley: So, those were the two items that I had failed to bring before you. No one can say that I couldn’t keep it short and sweet from now on.

President Korb: Great. Any questions from the Commissioners for Z.? Great. Thank you so much for coming back.

Z. Tuley: Thank you.

President Korb: It’s great to see you.

Z. Tuley: Okay, thanks.

President Korb: Thanks. Bye.

President Korb: Next we have David Rector to talk to us about our new podium. Are you here for other business too, David?

Dave Rector: I’m here to get out of here for the game.

President Korb: Great. Dave is the Director of our Building Authority. David?

Dave Rector: Dave Rector, Building Authority. The item we have before you tonight is at the Centre, the air handling unit number 18 that handles the first and second levels of the Centre, the variable frequency drive has blown and gone down, and we do not have any means of handling the air movement throughout the first and second levels. We need to replace it. Requesting the Food and Beverage money. The low bid was $5,298.

Commissioner Nix: Who’s that to?

Dave Rector: Johnson Controls.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Korb: Discussion? Seeing none. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

Dave Rector: The new system is almost up and running.

Commissioner Nix: Okay, looks good.

Dave Rector: Thank you, gentlemen.

President Korb: It looks complicated, but that’s okay.

Dave Rector: We’ll make it simple.

President Korb: Thanks, David, appreciate it, as always.

President Korb: Next on our agenda is contracts, agreements and leases. Gentleman? Troy, do you want to read those?

Commissioner Tornatta: We have the County Commissioners agreement with GAGE, a one year agreement with GAGE under the county. We’ll pay GAGE $150,000 for purposes described in the agreement. The Commissioners, Scott Township Fire Department lease agreement, as written.

Commissioner Nix: Move approval.

Commissioner Tornatta: I make that in the form of a motion, and a second.

President Korb: All those in favor, I’m sorry, any discussion? Seeing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The contracts and agreements are passed.

President Korb: Department head reports, County Engineer. Yeah, he did both.

Commissioner Nix: I’m sorry. Thank you.

John Stoll: The first item I’ve got is a time extension request for the St. Joe Avenue bridge project. The original completion date was last week, February 14^th. They are requesting an extension to February 29^th. This is due to some extra pipe that they had to install, as well as because of all the poor weather we had last week.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: Discussion?

Commissioner Nix: Who is the contractor out there?

John Stoll: CCC of Evansville.

President Korb: Any questions for Mr. Stoll? Seeing none. The motion has been made and seconded. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: The next item I have is a request for your approval of the illicit discharge detection and elimination plan. This is part of IDEM’s unfunded mandate where we have to go out and do inspections of ditches and pipes to see if there is any flow in those pipes during dry weather conditions. Then, do some testing to try and determine what the pollutants might be, and then find the source of those, and try to put an end to it. But, the plan is the same thing that I e-mailed all of you last week that basically just outlines just that, that we’ll have to do dry weather inspections of ditches and pipes, and do some testing to try and figure out what might be polluting the waters. This is all part of IDEM’s Rule 13 mandates, and just one component of it, and there’s more to come.

President Korb: The key word there is unfunded.

John Stoll: Exactly.

President Korb: Okay. Do you need that in the form of a motion? Or just a (Inaudible) of that?

John Stoll: Just for you to approve it, then I’ll send the certification forms in to IDEM stating that the ordinance has been passed and the detection plan has passed.

Commissioner Nix: I don’t guess we have much choice. I’m not real hip on this, but move approval.

Commissioner Tornatta: Second.

President Korb: Discussion? Questions for Mr. Stoll?

Madelyn Grayson: I have one.

President Korb: Madelyn?

Madelyn Grayson: Does this require their signatures anywhere?

John Stoll: No, there’s no signatures. That was just a copy of the plan for the record, since I had e-mailed the plan to the Commissioners last week.

President Korb: Mr. Ziemer, do we need a roll call vote on this?

Ted C. Ziemer, Jr.: No.

President Korb: Okay, great. A motion has been made and seconded. Discussion has been had. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: Next, I have an IDEM water quality certification permit application for the Cross Pointe Boulevard project. This needs your signatures so we can submit that to IDEM and keep that project moving ahead on the permitting side of things.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: Discussion? Questions? A motion has been made and seconded. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: Next, also in the Cross Pointe project, I received an IDEM notice of intent letter from Bernardin Lochmueller and Associates today. This is a notice of intent that has to be filed in conjunction with the construction of a water main. They said the permit application had to be signed by me, so, I’m just going to request your approval to authorize me to sign this on the county’s behalf.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: Questions? Seeing none. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. Thank you for helping us do that.

John Stoll: Wish we had a choice. The next item is also a Cross Pointe issue. This is an amended offer for parcel seven. The property is owned by Webb Development. The new right-of-way offer amount is $240,300. The reason for the amended offer is due to the fact that after the original property research was done, we later found out that Webb Development didn’t own all the property that we thought they had owned, based on the records in the Recorder’s office. We found that there were some deeds that, they had transferred some of their property to the YMCA. So, the YMCA property has been deducted off of what we thought Webb owned, which, in turn required a new appraisal, and that offer amount is $240,300. So, I’m requesting your approval to proceed with a new offer.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Korb: Discussion? Seeing none. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: The other part of that is an offer to the YMCA. The appraised amount is $29,400, and I would request your approval to make that offer as well.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Korb: Discussion? Seeing none. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: Then, the next item is another Cross Pointe issue. This is a request, we have some utilities that have to be relocated out there on that project, and Vectren has submitted a cost estimate of $139,106.80 for those relocations. They are in easements, so the county will have to pay for those relocations. So, I’ve been working with the County Attorney to try and get some agreements worked out between the county and Vectren to cover those costs. We’re not at the point where we’ve got a final agreement as of yet, but in the interim I would like to request your approval to authorize reimbursement of Vectren up to $40,000 so they can go ahead and order the utility poles needed for these relocations. Basically, they can get them ordered and in doing so it will start the three month lead time on the project, on their end of the project. In the end, this $40,000 will be included in the overall $139,000 agreement cost. But, just to get the ball rolling on this, they need to know that they will be reimbursed for the poles, and that’s what I’m asking, just for your authorization to reimburse the poles. In the end, we’ll have a formal agreement that takes care of all this later, but this will at least allow us to tell Vectren to place the order.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

President Korb: Can I ask a question before we do that?

Commissioner Tornatta: Sure.

President Korb: Anyway we can have those utilities put underground so we don’t have the poles–

John Stoll: This is a major overhead line. So, they couldn’t put this one underground.

President Korb: Okay.

Commissioner Nix: Everything else will be out there? We’ve talked about, yeah, early on. Everything else will be underground.

John Stoll: Yes. This is the major line that runs along Oak Grove Road.

President Korb: Okay.

John Stoll: I don’t know if you can picture it, but they’re huge overhead poles there.

President Korb: Great. Good. A motion has been made and seconded. Further discussion? Seeing none. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: The last thing, I’m not sure if ,Ted, you’ll bring this up or not, but the settlement agreement for the S–

Ted C. Ziemer, Jr.: I am.

John Stoll: Okay, I’ll leave that one for you. That’s all I’ve got.

President Korb: Great.

Commissioner Nix: One other thing, and I think I might have gotten an e-mail from you a week or two back on the situation, the railroad on the north end of Cross Pointe, is that, are we any closer on that? Maybe I might have missed an e-mail or something.

John Stoll: As it stands now, Bernardin Lochmueller still doesn’t have a final approval of that, they’re still working with the railroad. The railroad’s consultant has now sent it to a third different person for review. So, I hope it doesn’t mean they’re starting the whole process over, but BLA has submitted all the hydraulics information. I don’t know what else they can provide at this point. So, it’s in the railroad consultants hands again.

Commissioner Nix: Okay.

President Korb: Great. Thanks, John.

Commissioner Nix: Thanks.

John Stoll: We will have to get another right-of-way parcel associated with that. We’ve been holding off on getting that parcel until we knew that the railroad would allow the storm sewer outlet in their right-of-way. I think we’re getting close enough that we should be able to get that appraisal started here soon.

Commissioner Nix: Good.

President Korb: Great. Thanks, John.

Commissioner Nix: Thanks, John.

President Korb: Appreciate it. Have a good night.

President Korb: County Attorney. Mr. Ziemer?

Ted C. Ziemer, Jr.: Yes, thank you. As you know, we have, or J.H. Rudolph and Sons have completed the construction of the roadway and associated drainage improvements for Bohannon Estates. The total cost of that was $263,970.63. In that connection we want to proceed now to complete the Barrett Law so that the lot owners can be assessed for their relative shares of the total amount of the construction cost. The first item we need to have approved is, you will have presented to you today, and you saw by e-mail as well, an indication that will be signed by John Stoll saying that the project has been completed by J.H. Rudolph and Company, it has been inspected by the City Engineer, and it’s, and, in fact, it has been approved by the county, or accepted by the county for maintenance. Nonetheless, for purposes of the bond issue we need a document signed indicating that the roadway has been accepted by the county, and that document is before you today. If you approve Mr. Stoll’s recommendation that it’s been accepted, then you’ll be able to sign that. So, maybe a motion to that effect.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: Discussion? All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

Ted C. Ziemer, Jr.: The total construction costs, as I said, was $263,970.63. There are 26 lots that will participate or be assessed for that improvement, and that comes to $10,152.72 per lot. You have seen, by e-mail, and I have here today for you, and Madelyn has for approval, a preliminary assessment roll, which names the tax code number, property owners, mailing addresses, and assessment amounts for each of the 26 lot owners. There is one individual who owns two separate lots, and they will have two separate assessments of $10,152.72. The only matter that needs to be completed on this preliminary assessment roll, which can be done when we get the information tomorrow, the owner of part of lot two had two tax codes, and we place assessments based on numbers of tax codes. It is only one lot. I don’t know why it had two tax codes. We recommended four months ago that the tax codes be consolidated. They weren’t. When I got ready to prepare these documents, I checked, found out that it hadn’t been done yet. So, I instructed the engineer for the project, Easley and Company, to get that accomplished. The paperwork is in the township assessor’s office. The new tax code hasn’t been issued yet. We’ll find out what that is tomorrow and we will fill that space in with the correct tax code. Today you’re asked to approve the preliminary assessment roll. We need a motion and a second on that one.

President Korb: I need a motion please.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

Ted C. Ziemer, Jr.: Thank you. Then, finally, we ask today for approval to publish notice of a public hearing on the preliminary assessment roll, with that public hearing to be held on March 4, 2008, which is your next meeting. A copy of the notice has been presented to Ms. Grayson, and she has already sent it to the newspaper so that it’s going to be ready for publication on the 22^nd of February, which will meet the ten day requirement to allow the hearing on the assessment roll to take place on March 4, 2008. So, we ask your approval to publish notice of the public hearing.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: Discussion? All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

Ted C. Ziemer, Jr.: I have one other matter. We have been negotiating with S Properties LLC relative to the taking for part of the relocation of a part of Cross Pointe Boulevard, in connection with the extension of Cross Pointe Boulevard. We’ve completed those negotiations with the able assistance of the County Attorney and Bernardin Lochmueller Associates. The taking price will be, just a second, $44,600. Then, that’s to be paid in accordance with an agreement relating to that purchase, which provides for substantial compliance by the county with construction plans and relative to the lot from whom we’re taking property, preservation of utility services during the course of the construction, and access to driveways during the course of construction. All of those terms have been reviewed by John Stoll, the County Engineer, and he is satisfied that those, from a substantive point of view. We are satisfied with them from a legal point of view. If you agree to this, on signing the agreement, you will also be agreeing to the form of a county right-of-way encroachment agreement, which will also be signed by S Properties, so that they can encroach on county right-of-way, as agreed to by the County Engineer. That form is one that we prepared in our office and that we routinely use for county right-of-way encroachments. So, we recommend that you approve the agreement relating to the real estate purchased based upon eminent domain for Cross Pointe Boulevard project, parcel three.

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.

Madelyn Grayson: Ted, I don’t have those documents.

Ted C. Ziemer, Jr.: I have them. Thank you.

President Korb: Is that all, Mr. Ziemer?

Ted C. Ziemer, Jr.: That’s it.

President Korb: Thank you.

President Korb: Commissioners, any new business to appear before the Commission tonight. Steve, do you have anything? Nope? Any other department heads out there we don’t know about? Okay.

President Korb: Old business, we do need to reschedule the district three road hearing that was cancelled due to inclement weather last week. Commissioners, if you can look at your calendar. I don’t know what’s good for you all. Troy, we’ve got yours–

Commissioner Tornatta: When is that last day? Don’t we have a deadline?

Commissioner Nix: No, we won’t start any kind of paving, we probably won’t start any paving projects until sometime mid April, mid to late April. So, we’ve got some time.

Commissioner Tornatta: So, we’d be looking maybe the 12^th?

Commissioner Nix: The week of, yeah, I was going to say, that was the day I pulled up.

President Korb: That works.

Commissioner Tornatta: So, that would be the number three?

President Korb: Right.

Commissioner Tornatta: You’re third district.

President Korb: Yes.

Commissioner Nix: Do you still plan on having that at 6:00?

Commissioner Tornatta: 6:00?

President Korb: 6:00 at Helfrich Park Middle School. Marissa, would you mind contacting the principal and being sure that’s okay? So, for the general public, district three, which is my district, west side of Evansville will have our road hearing on March the 12^th, starting at 6:00 p.m. at Helfrich Park Middle School. If that changes, we’ll let you all know.

Commissioner Nix: I guess, just a reminder too, district two will be Wednesday, the 27^th, Commissioner Tornatta’s district, at 6:00 at Oak Hill Middle School–

Commissioner Tornatta: Just, that’s probably going to be in the gym entrance. So, as you’re going in the big parking lot, that’s where the entrance is.

President Korb: Okay.

Commissioner Nix: And, the district one meeting, which is my district, will be Wednesday, March the 5^th at Plaza Middle School.

President Korb: Great. Good deal.

President Korb: Any public comment at this point? Seeing none. Consent items?

Ted C. Ziemer, Jr.: Excuse me. Are you Ms. Copeland?

Michelle Copeland: Yes, I am.

Ted C. Ziemer, Jr.: Are you intending to say something to the Commissioners? If you are, this would be the time for you to say it.

President Korb: Please come forward.

Michelle Copeland: I was just basically asking for an extension.

President Korb: Can you push the button.

Michelle Copeland: The one that says talk?

President Korb: Yes, ma’am. You don’t have to hold it down. There you go. Just state your name for us, please.

Michelle Copeland: My name is Michelle Copeland, and I’m appealing to an extension of time to redeem some properties that were lost on tax sale, that didn’t sell, or that I was not aware of. Basically, was just, you know, a bookkeeping error and a communication problem with the Tax Sale Clerk. Because I did redeem one of my properties that I received a letter on, and three of the others, I did not. I would have redeemed them all had I known they were in jeopardy of being taken. I’m just here really to say please. I can’t go home tonight if I lose these.

Ted C. Ziemer, Jr.: I would just like to comment, if I may, since our office is handling the tax sales. We, first of all, there were three tax sales, I mean three tax periods for which you failed to pay an installment of personal property, of property tax on these properties. Then after having failed to do that, there was a tax sale and you did not redeem it at that tax sale. Then, there was a notice sent out that it was the intent of the Commissioners that they would take title to the property if it wasn’t redeemed by January 10, 2008. As I understand from your letter, which I have reviewed, your letter to Ms. Nichoalds, you said that you had put a forwarding address on your post office box, which was cancelled. I wanted to remind you that that isn’t the proper way to deal with this in the future. If you change your address, including your post office box, you notify the Auditor.

Michelle Copeland: I notified somebody.

Ted C. Ziemer, Jr.: Excuse me. I’m sorry, but we’re not responsible for whether you made the appropriate change at the post office or not, or whether it continued. All the Auditor is required to do is send the tax notice to your last known address, as shown on the county records. We did that. Your not receiving it is really immaterial to us. We sent it to that address, and we have proof of that. Nonetheless, after all of that, you are now asking that you be able to have the sale of this property set off again. It is the interest of Vanderburgh County that taxes be paid when they are due. Then it’s further the interest of Vanderburgh County that properties be put back on the tax roll so the taxes are paid on those properties, rather than our having to put them at tax sale and so forth, which we would have to do ordinarily. So, it would be our recommendation as County Attorney to get these properties back on the tax roll, and, in this case, since she indicates that she did not receive the notice, though we think there is no excuse for that, that Ms. Copeland be permitted to redeem the properties by payment of the tax, penalty and interest no later than February 26, 2008, which is one week from today. If not, our recommendation would be that we go forward with the tax sale. Then, I would just comment that it would be so much simpler for all of us if the taxes were paid on time and we wouldn’t have to go through this.

Michelle Copeland: Yes, I understand.

President Korb: Are you prepared to do it by the date that Mr. Ziemer specified?

Michelle Copeland: Yes, I don’t think that will be a problem getting that by that date. I can get the amounts from the tax sale office? From Jamie? Is that where I get those totals?

Commissioner Tornatta: Yep.

President Korb: Great. Mr. Ziemer’s point is well taken, but at the same time I want to say thank you for not having us have to auction these things, because that’s a colossal chore. Thanks for taking the time to write the letter, but do let the Auditor’s office know about your address change, like tomorrow, if you haven’t already.

Michelle Copeland: I did, and I think I did it with the Assessor. I know that people don’t talk to each other.

President Korb: Just don’t panic. It’s not a big deal. We’ll work through it with you.

Michelle Copeland: Okay.

President Korb: Troy?

Commissioner Tornatta: Just a quick question. You said you don’t think you’ll have any problem?

President Korb: I heard that too.

Michelle Copeland: No, I will make absolutely sure.

Commissioner Tornatta: The reason is, because this would be it for any type of–

Michelle Copeland: I understand.

Commissioner Tornatta: –reconciliation with the county.

Michelle Copeland: Yes.

Commissioner Tornatta: So, if you thought that that time wasn’t right, or that amount was not going to work, I mean, now is the time to say it, because there probably won’t be another period where we would go back and do this. So, I just want to make sure that you’re taken care of–

Michelle Copeland: Yes.

Commissioner Tornatta: –and you have everything handled.

President Korb: So, we’re good?

Michelle Copeland: Yes.

President Korb: So, Mr. Ziemer, her next step is to go ahead and pay this at the Auditor’s office?

Commissioner Tornatta: Treasurers.

President Korb: Treasurers office? Great, and you’ve got all the paperwork that you need to get that done?

Michelle Copeland: Yes.

President Korb: By March, February the 26^th.

Ted C. Ziemer, Jr.: Next Tuesday.

President Korb: Next Tuesday.

Michelle Copeland: Okay. That’s it. Thank you very much.

President Korb: You’re welcome. Now you can go home.

Commissioner Tornatta: Do we have to vote on that?

President Korb: Do we have to vote on that?

Ted C. Ziemer, Jr.: I think, why don’t you. Yes, I think you should.

President Korb: Okay.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Korb: Discussion? All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. It passes. Congratulations, Ms. Copeland. You’re welcome very much.

Commissioner Tornatta: Motion to approve all the consent items.

Madelyn Grayson: There’s a couple of changes. There’s a letter in there, the Commissioners Copeland tax sale letter, we’ll need to take that out now that you’ve just taken that action, and the approval of the February, that should be 5^th instead of 4^th Commission minutes.

Commissioner Tornatta: With those amendments, I continue my motion.

Commissioner Nix: A motion has been made and seconded. Discussion? Seeing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. Great. A motion for adjournment?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: It’s done. We’re out of here.

(The meeting was adjourned at 5:40 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the February 5, 2008 Commission Meeting Minutes.

Approval of the February 7 & 18, 2008 Executive Session Summary Minutes.

BLA: University Parkway Phases II & III: February 2008 Project Update.

Pay Req. No. 87: Vanderburgh County Jail Project: $174,168.68.

Vectren: Permission Form for Tree/Brush Removal on County Owned Property.

Solarbron 10K Race Course Road Closure Request: May 10, 2008.

Bohannon Estate Letters.

ONB Letter Authorizing Reassessment of County Owned Buildings.

Department Head Meeting Minutes: February 5, 2008.

Employment Changes:

Health Department (1)              County Highway (1)                  Prosecutor (2)

Superior Court (2)                     VCCC (1)                                  Sheriff Office (3)

County Assessor (1)                 Circuit Court (1)

Travel Request:

Health Department (4)              County Clerk (2)                       Burdette Park (1)

County Engineer: Pay Request No. 46: Burkhardt-Green River TIF Projects.

Health Department: Waiver of Fee at the Centre for Employee Health Fair.

Treasurer: Monthly Reports: December 2007 & January 2008.

Auditor: A/P Vouchers: February 2008.

County Assessor: Surplus Request: Laserjet Printer.

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                     Patty Avery                               Z. Tuley

Dave Rector                             John Stoll                                  Michelle Copeland

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Jeff Korb, President

Bill Nix, Vice President

Troy Tornatta, Member

(Recorded and transcribed by Madelyn Grayson.)