VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

FEBRUARY 21, 2006

The Vanderburgh County Board of Commissioners met in session this 21^st day of February, 2006 at 3:30 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: Good afternoon. I want to call to order the Board of Commissioners meeting of February 21, 2006. Let’s start with introductions.

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

Commissioner Nix: Bill Nix, County Commissioner.

President Musgrave: Cheryl Musgrave, County Commissioner.

Commissioner Shetler: Tom Shetler, County Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

President Musgrave: If you will please join me in the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

President Musgrave: We have the approval of prior minutes.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We’re pleased to welcome Patty Avery to give us an update on Girls in Bloom.

Patty Avery: Thank you so much for allowing me to come today and share with you where we are. As you know, and you can see on the brochures in front of you, our event is this Saturday at the Centre. I shared with Commissioner Musgrave just before the meeting that I got an e-mail a few minutes after lunch, after noon, saying that we have 407 pre-registrations of girls and their mothers, and my phone’s been ringing off the hook all afternoon with additional ones. We’ll close that pre-registration tonight. Those girls and their families will all receive a free lunch that day at the Centre. That was how we motivated people to pre-register, which helps us, obviously, in our planning. I want to thank you for your ongoing support, to thank Commissioner Shetler for coming to our kick off press conference and representing you so well as the father of daughters. He shared with us, he gets it, he understands the reason we need to be investing in our girls and building up their self esteem. We are offering ten workshops an hour on everything from dance and drama and painting and music and Internet blogging and Internet safety to painting and calligraphy and a lot of workshops that directly address the issues our girls are facing; substance abuse prevention, eating disorders, and how to recognize a healthy relationship. We’ve got on board this year UE, USI, Ivy Tech, both St. Mary’s and Deaconess and the Women’s Hospital are investing in the project. It’s even a multi banking affair, we have four different banks involved in supporting us this year. So, it has gone extremely, extremely well. I e-mailed the committee today, when we got word of the number of pre-registrations, and I said, you know, two years ago today no one had ever heard of Girls of Bloom. We hadn’t officially announced the first one yet. We’ve grown to an event that now when I call the media and say, hey, can we come on? They’re like, sure, come, tell us all about it. What are you doing this year? So, we’re very, very excited. I’m looking forward to bringing you in a few weeks, I’m going to need a few days to rest up from Saturday I have a feeling, but I look forward to bringing you a report on the success of this year’s Girl in Bloom and how we dealt with the challenges of so many girls and their families at the Centre. But, things are going very well. The staff over there has been wonderful, as always, and they’re doing everything they can to facilitate a really smooth event on Saturday. So, I thank you from the bottom of my heart. This is a tremendous project, and you would be welcome, very, very welcome to come by anytime on Saturday. But, if you want to come for lunch, tell me so I can count you in.

President Musgrave: Patty, you mentioned that you’re accepting registrations until this evening. This is Tuesday, for anyone who might be watching this program as it’s aired later. What number, or what e-maill address do people–

Patty Avery: It’s 421-4970. It’s the Girl Scout office. Or they can e-mail us at girlsinbloom@insightbb.com.

President Musgrave: Okay. Well, good luck with it, and we’re pleased to sponsor that event over at the Centre, and happy to give girls in our community some information that they need to be safe and grow up and achieve their potential.

Patty Avery: Thank you so much. And, as well, while I’m here, I want to thank you for your embracing the Relay for Life as well, and having a county team this year. That’s another one of the community hats I wear, and I look forward to working with you on that too.

President Musgrave: The Commissioners may not know that Councilwoman Marsha Abell has agreed to chair the county effort, and she’ll be asking you for all of your money, instead of the other way around. We’re always asking her for all of her money.

Patty Avery: Thank you very much.

President Musgrave: Thank you.

Commissioner Nix: Thank you, Patty.

President Musgrave: Next on our agenda is the Wayne Henning resolution. Patty, do you have information about that as well?

Patty Avery: Sure. I’m sorry, I wasn’t prepared to present that. I’ll put on another one of my hats and say Patty Avery, Old National Bank, Director of Employee Communications. This week Wayne Henning will be retiring after nearly 42 years with the bank. As you all know, Wayne is a tremendous, tremendous community supporter. For that reason we come to and ask you to acknowledge his many, many community contributions. I had the privilege of going up with Wayne and some of the people from the bank last Monday when the Indiana House of Representatives and Senate honored him in a very similar resolution. So, we would respectfully request that you join us in honoring Wayne and declare February 23^rd Wayne Henning Day.

Commissioner Nix: Good.

President Musgrave: Commissioner Nix will read that resolution, if that’s–

Commissioner Nix: Yes, and this will be for February the 23^rd, this is from the Board of Commissioners of the County of Vanderburgh.

“Whereas, Wayne F. Henning will retire on February 23, 2006 capping a nearly 42 year career with Old National Bank; and Whereas, Wayne F. Henning began his successful banking career with Old National Bank as an adjuster in April of 1964; and Whereas, Mr. Henning rose steadily through various positions in the retail area of the bank until he was named to his current position of Executive Vice President and Regional Chief Operating Officer for the Evansville region; and Whereas, a life long resident of Evansville, Mr. Henning graduated from Reitz Memorial High School and received a Bachelor of Science degree from St. Edwards University in 1963. He is also a graduate of the Stonier Graduate School of Banking, and he served active duty with the U.S. Army and the U.S. Army Reserves; and Whereas, Mr. Henning has been engaged in the political and governmental process throughout his banking career, his most notable accomplishment was to work with the Indiana General Assembly and with the Governor to ensure the passage of the Interstate Banking statute in 1985, which permitted banks in Indiana to form multi-state bank holding companies; Whereas, while fulfilling his responsibilities with Old National Bank, Mr. Henning has been the epitome of a community and civic leader. He has been an unashamed Evansville booster, contributing his time and talents to many community organizations. He has served as the past president of many notable Evansville organizations, including the Evansville Freedom Festival, Evansville Association of Commercial Banks, Consumer Credit Counseling Services, Greater Evansville Lenders Association, Reitz Memorial High School Alumni Association and the Memorial Athletic Booster Club; and Whereas, Mr. Henning has served as the Associate General Chairman of the United Way, and as Financial Chairman at Holy Rosary Church, Vice Chairman of the Evansville Chamber of Commerce, and Chairman of the Southern Indiana Financial Institutions for I-69. He has served admirably on the boards of the Evansville Association of Retarded Citizens, Roberts Stadium Foundation, Mesker Zoo, and the Evansville Airport Advisory Board. Whereas, Mr. Henning has been deeply involved in the Evansville business and cultural community most of his adult life, impacting the lives of many of its residents, and his service has been appropriately recognized by many of those organizations. He is the recipient of the Multiple Sclerosis “Hope” Award, the Memorial High School “Distinguished Service” Award, the Beacon Group “Community” Award, the Best of Evansville “Decades of Wisdom” Award, and most recently the Buffalo Trace Council “2004 Distinguished Citizen” Award; and Whereas, Vanderburgh County would not be all that it is today without Mr. Henning’s generous service and in recognition of the fact that his leadership, wisdom and enthusiasm have made him highly honored in our community and across the State of Indiana. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Commissioners of Vanderburgh County, Indiana, that in recognition of Mr. Henning’s many years of service, that we do hereby proclaim February 23, 2006, WAYNE HENNING DAY in Vanderburgh County.”

And this is signed by all three of the Commissioners. You know, it’s a wonder he could get a job, get any of his work done at work with all the things he had going on, but he’s a real good man, and we congratulate Mr. Henning for everything he’s done for this community.

Patty Avery: Thank you.

Commissioner Shetler: I did get a tickle in my throat, and wasn’t able to read that. But, I did want to see if Bill was going to be able to say Memorial Tigers three times. For a Mater Dei Wildcat, that was good.

Commissioner Nix: It was tough to bring it out, but, it’s okay.

Patty Avery: Well, and, of course, we welcome, Commissioner Shetler will be there that day to deliver the proclamation too.

Commissioner Shetler: You know, in addition to that though, I would like to point out that Wayne not only was president and chairman and president and chairman of all these different groups and activities, my first association with him was actually as a hawkster during the Freedom Festival buttons when he and I walked the parade route selling buttons three or four dollars a piece to people. So, you know, he could stand at the top, he could direct people, but at the same time he could get down on the street and sell the buttons and do the things necessary. I think that’s a lot to say for Wayne Henning.

Patty Avery: Thank you.

Commissioner Nix: If Mr. Henning’s listening, we’ve got quite a few board placements that we’ve got to fill, so maybe he could help us out on the Commission now.

Patty Avery: Thank you so much.

President Musgrave: Next on our agenda is attorney, Les Shively, rezoning waiver of 8200 Telephone Road.

Les Shively: Thank you, President Musgrave, and Commissioners Nix and Shetler. Briefly, let me just sort of bring you up to speed on why I’m here. This is sort of an unusual situation. If you’ll recall, back in January we had two rezonings on Telephone Road, one was for commercial, and one, which you approved on that time was by my clients, John Elpers and Bruce Biggerstaff, Sr., that were going to do a residential subdivision. You approved that one, the commercial one, which I believe Brandeis was going to be the end user. They withdrew that. Under your ordinance, if you withdraw a rezoning request, you’re out for a year. Well, after that was withdrawn officially, the folks who own that property came to my people, I don’t know who came to who first, but they reached an agreement whereby Mr. Elpers and Mr. Biggerstaff and their limited liability company is going to buy this land and do either a condo or a multi-family development, get it rezoned to that which would be an appropriate buffer. Because you know that we have industrial on the other side of the border, so, it would be the more appropriate buffer than commercial. I talked to Brad Salmon who represented the remonstrators that you would have heard from had the commercial rezoning gone forward, his clients wholeheartedly support this waiver should you feel it’s appropriate. Again, all this means is, if you would approve this today, it has to be done unanimously, is that the one year waiver would be approved. We would still have to go through the rezoning process, give notices, have the two public hearings with the Plan Commission and the Commissioners. But, again, this doesn’t happen too often, but it’s kind of a win-win proposition. At least for those folks that own that property that was going to be C-4.

President Musgrave: Commissioners, is there a motion to approve the waiver of the rezoning?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

Les Shively: Thank you very much. We’ll see you in March or April.

President Musgrave: Okay.

President Musgrave: Next on the agenda is the Region 14 Public Safety Communications Plan of the Federal Communications Commission. I believe we have Mr. David Vice and Jo Anne Smith from Central Dispatch. Mr. Vice, would you state your title?

David Vice: I’m Field Coordinator for the Integrated Public Safety Commission. If you don’t mind, I’ll approach and give you a few hand outs? Just, quickly, to give you a little history about the Integrated Public Safety Commission, in 1999 the General Assembly, the Indiana General Assembly created the Integrated Public Safety Commission, and our project to complete was a voice and data system for public safety agencies in the state of Indiana. The project is called Project Hoosier Safety. It is a project that promotes interoperability for public safety agencies to use either daily or during times of incident disaster. The commission that was set up has 12 members. They are representative of the user community. Those represented are the sheriffs, police chiefs, fire chiefs, EMS, the mayors, county commissioners, campus law enforcement, private sector, the Superintendent of the Indiana State Police, the FBI, and the Speaker of the House has an appointment, and the Speaker Pro Tem of the Senate has an appointment. All the other appointments are made by the Governor. This project is a $79 million project that will have 126 tower sites across the state. The map that I handed out to you shows approximately, I think, 74 that are operational. Those are the towers that are identified as black towers on your map. As of this afternoon, I think we’re up to about 76. What I’m here today to ask is the Federal Communications Commission assigns 800 megahertz frequencies to the state and also to the counties. In a lot of situations most counties don’t recognize that they have those available to them. What I’m asking today is that the state be allowed to co-license these frequencies that currently aren’t being used in Vanderburgh County so that we can utilize them on one of our tower sites that will be in this area. One of the things that I want to clarify, if you look at the map, this system is called a trunk system, and that means all the towers work together to provide coverage. Similar to what your cell phone technology does. As you move around with your cell phone, it roams from tower to tower, and you don’t recognize it except you can talk or you can’t talk. This system is set up the same way. So, it really doesn’t make any difference how many towers are necessarily in your county. It’s the location of the towers in the county and the ones around it that will provide the coverage for this area. Probably the most significant line of this is the end of the first paragraph where it says, if Vanderburgh County wants those frequencies back, the state will relinquish them back. We are not assuming control of those frequencies, we are just asking to co-license those frequencies listed, and the FCC requires this letter on county letterhead or County Commissioner letterhead. You are looked at as the owners of those frequencies for the county.

President Musgrave: And the Central Dispatch Board did approve your request at our last meeting. I don’t remember the date.

Jo Anne Smith: Yes, they did.

President Musgrave: After much discussion, I remember.

Jo Anne Smith: After much discussion.

President Musgrave: Commissioners, are there any questions? I believe every region in the state, are we the last region to be completed? Or the next to last?

David Vice: Well, actually, we’re doing the south a little differently than we did the north. So, we’re not sure which, whether the southwest or the southeast, which one will be completed first, because what’s taking the most time is to negotiate leases with private tower vendors. We’re not building towers ourselves. We’re looking for existing sites. One of the questions that did come from the board meeting that I attended was, did we look at the tower here in Evansville? It was reviewed, and because of the amount of tenants that are already on it, structurally it wasn’t going to support another user. We also looked to go to the top of these towers. The top was also unavailable, and there’s already an 800 megahertz system on it. So, there was the issue that there could be some problems there of the two not working together correctly. So, it was reviewed. The second site, actually, is just across the river, right across the 41 bridge.

President Musgrave: I believe we have a copy of this on a letterhead? If the Commissioners have no further questions, is there a motion to approve?

Commissioner Nix: Motion to approve.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: While I have Mrs. Smith here, I would like her to bring up the reverse 911 grant application letter that I know that she has been working on.

Jo Anne Smith: I am in the process of gathering figures for the emergency telephone notification systems, reverse 911. I am hoping to have that in the Commissioners hands within the next couple of weeks. I spoke with one of the vendors today to get some figures, to give us some idea of what we’re looking at. It’s based on the number of phones in your county. I did find that out today. It is done by phone, at a cost per phone. Also, it is can, at one point, cover cell phones as well as they are looking at voice over IP technology as well.

President Musgrave: As she’s working to gather these figures, we are hoping to make a grant application deadline. In order to, hopefully, meet that deadline, I would like permission from the Commissioners to have her draft a letter that we could sign as soon as it’s ready, and get in to Washington. So, today I would like to request a motion to approve the signing of the grant application documents when they become ready.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Thank you very much for–

Jo Anne Smith: I’ll have them as soon as I possibly can.

President Musgrave: – scrambling on that one.

President Musgrave: We move now to the University Parkway federal grant application letter to the Committee on Transportation and Infrastructure. I know that engineer Stoll has been working diligently with me on this.

John Stoll: The letters you have are letters to Congressman John Hostettler, Senator Bayh and Senator Lugar for requests for appropriations for the continued construction of University Parkway. The request that we’re making is for nine and a half million dollars. Based on some spreadsheets that I’ve been working on, that is the estimated shortfall on what we see in the funds for getting the entire project completed up to Diamond Avenue.

President Musgrave: I just need approval to sign the letters to the Senators.

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: Thank you for the effort that you put in on this.

President Musgrave: Contracts, agreements and leases, we have several; the AMR, Kraftwerks lease agreement, Southwest Indiana Drug Task Force grant renewal, and the Perry Township SBC agreement addendum. Attorney Ziemer, are you handling all of those? Or is there anyone here to make any comments on any of them?

Ted C. Ziemer, Jr.: I prepared the AMR agreement, and it is almost identical to last years form of the agreement, with one slight change regarding liability, which AMR requested, and I agreed to. It’s satisfactory for execution from a legal perspective. I prepared the Kraftwerks lease agreement, which is now on the standard form of Old Courthouse space lease agreement. Otherwise the provisions of it are very similar to those of last year. I reviewed the Prosectuor’s Southwest Indiana Drug Task Force grant renewal, and find it satisfactory for execution from a legal perspective. I reviewed the SBC agreement addendum and also find it satisfactory for execution.

President Musgrave: Are there any questions? If there is a motion to approve all four?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motions carry.

President Musgrave: Next on the agenda is the proposed IT ordinance by the Courts, Treasurer, Auditor, Recorder and Clerk. This is the continued first reading. Judge Knight?

Doug Knight: Thank you. My name is Doug Knight, one of the judges in Vanderburgh Superior Court. I can be very brief. The purpose of being here today is to simply request that you move forward in some favorable way in considering the ordinance that we submitted to this body several weeks ago. That’s my purpose in being here today.

President Musgrave: Any discussion? A motion to take under advisement?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Thank you.

Commissioner Nix: Thanks.

Doug Knight: Thanks.

President Musgrave: Department head reports. Are there any department heads with a report? Engineer Stoll?

John Stoll: I have just one item, it’s the agreement for the design and right-of-way engineering on the Burdette Park-USI bike path. This agreement is with Bernardin Lochmueller and Associates, and it’s for the amount of $150,600. This would just get the plans done to the point that legal descriptions could be prepared for the easements, and then the easements could be signed off on by USI and Southern Indiana Higher Education. This agreement will have to be supplemented at a later date to complete the final design plans, but this at least would provide the legal descriptions.

President Musgrave: Mr. Ziemer, I know that you’ve been discussing this with Southern Indiana Higher Education, would you say that it’s advisable to pass this now contingent upon their approval of the path? Or would you prefer we just wait?

Ted C. Ziemer, Jr.: I want to ask John a question. What Southern Indiana Higher Education is doing is reviewing drawings that we’ve presented to them to determine whether the proposed location of the bike path as shown on those drawings in anyway conflicts with the master plan for development of USI. I have not heard back yet from them on that review. So, it’s possible that they would suggest some deviation from the current proposed route. If that happened, would that in anyway jeopardize our approval of this contract today?

John Stoll: I don’t’ think so. From the perspective of the notice to proceed with the consultants, I contacted Bernardin Lochmueller and Associates today in regard to that, knowing that this issue was out there, and they didn’t see a problem with us going ahead with the agreement, but just not giving the consultant the notice to proceed with the work until this issue is resolved with SIHE. So, on that basis I would say that we would be okay.

Ted C. Ziemer, Jr.: Then the only other question I had, and you may have addressed this, I think I heard you say something, I didn’t see anything about the cost of the project in that draft of the agreement.

John Stoll: Right. The version I sent to you was just the front end portion of the agreement. They were still working on the cost at that point. In the appendix it does have the cost, the appendix is included in the agreement now that has the costs and outlines the scope of services.

Ted C. Ziemer, Jr.: And you’re satisfied with those costs?

John Stoll: Yes.

Ted C. Ziemer, Jr.: They are in order?

Commissioner Nix: I guess, the $195,000, is that the amount on that?

John Stoll: $150,000.

Commissioner Nix: Excuse me, $150,000, okay.

President Musgrave: The funding is in place for that.

Commissioner Nix: I think we need to move forward with this. I would like to see it going as quickly as possible. I would like to make a motion that we approve this.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: We’ll let you know when to give the notice to proceed. I know that attorney Ziemer is talking to them, and he’ll let us know.

John Stoll: Okay. Sounds good.

President Musgrave: Nothing else to report?

John Stoll: Nothing else.

President Musgrave: Roger Lehman, Building Commissioner.

Roger Lehman: Yes, I have brought to the Commissioners today an agreement that the county will be responsible for the match grant for the safe room upgrade for the restroom facilities at Burdette Park pavilion. The most likely scenario is that we will pick up the actual dollar figure in the construction itself as opposed to it being a cash outlay. But, in order to apply for the grant, we have to agree to cash or in kind. So, the letter reflects that. I would ask that you all would sign that.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

Roger Lehman: Thank you very much.

President Musgrave: Any other department heads? Mr. Ziemer?

Ted C. Ziemer, Jr.: Yes, I have two items, we have a lease which I have prepared for Patrick O’Connor in the Old Courthouse, which Madelyn now has in the file for execution should you decide to approve it. It is satisfactory for approval from a legal perspective. Also, we have in the file a form of encroachment agreement, under the terms of which the City of Evansville would place benches at four locations, and a shelter at one location to provide comfort for people who are waiting for busses at those locations in the county. I think Ed Ziemer of City Transportation Services is here, if the Commissioners have any questions of him about that.

President Musgrave: I cleared up all my questions this afternoon. So, do we have a motion on those two?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Board appointments, Old Courthouse. Is there a motion to appoint John Stratman to the Old Courthouse Board?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: New business is the Pigeon Creek enhancement project letter. We have Mr. Norb Woolley here to address this.

Norb Woolley: Thank you, Madam Chairman. I’m Norb Woolley. I’m a retired educator, and I’m a retired General Manager of the Water/Sewer Department. I’ve had the privilege of working some 20 years trying to get federal grants for the city. I met with Cheryl this past week and asked her if I could get the Commissioners support for a project that I’m working on this year, and it’s called Pigeon Creek Enhancement Project. I’ve worked through this for the last six years. Fortunately, in that six years for various sur projects I’ve been able to get approximately two and a half million dollars through the STAG grant. This grant through the Pigeon Creek Enhancement Project is for the Mt. Auburn neighborhood. We have quite a few challenges there, and I’m attempting to get, with a consultant, a grant of a $1,450,000, which would pay 55 percent of the cost. The total cost being $2,636,000. I gave a letter of support, which I’ve put on your desk today, to Cheryl, and told her she could modify it any way she wished, and she asked me if I would be willing to come today to ask you for your support. At this time I would like to ask your support of the draft letter she may have put together to support this grant. I will be flying tomorrow to Washington, D.C. to present this grant to the two Senators offices, and Congressman Hostettler’s office. So, I would appreciate it if you would give me support. If you have any questions, I would be glad to answer them. Thank you very much.

President Musgrave: Someone earlier emphasized to me that we weren’t asked to make up the difference between any grant and the cost of the project. No, we are not. We are merely offering our support to the City of Evansville.

Norb Woolley: That is correct. The difference would come from the Sewer Department, from user fees. Over the past few years, and I’ve been involved in the Water/Sewer Department for 22 years, even though I’m retired for three and a half years, I still work to help it. You can’t give up something you’ve done for 22 years, plus we probably have one of the highest sewer rates in the state because we’ve kept pace with a lot of things that other cities haven’t. I don’t mind spending my time trying to get grant money for the city if it will hold the sewer rate down and help all citizens of Vanderburgh County. This proposal will do that. The other costs would be paid our of sewer user fees.

Commissioner Shetler: As a customer who uses a lot of water and sewer having seven kids, thank you. Thank you very much. I appreciate that.

President Musgrave: Is there a motion to approve?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

Norb Woolley: Thank you very much for your time.

Commissioner Nix: Appreciate your efforts on this.

Norb Woolley: If I’m successful, I’ll be more than happy to come back and let you know.

President Musgrave: We would love to hear from you.

Norb Woolley: Because in five years I think that Don Roke and I have been pretty successful in getting two and half million dollars. Thank you.

President Musgrave: Thank you.

Commissioner Nix: Thank you.

President Musgrave: Next on our agenda under new business is the rescheduling of the February 28^th Commission meeting. Commissioner Shetler?

Commissioner Shetler: Yeah, next Tuesday it’s been set up, and actually I think this was requested by our Governor to have a strong show of support from our community and from southern Indiana in support of I-69. I think that’s important, there’s a lot of misconception, I think, out there that I-69, at this point, may be a shoe in because of the Senate being more on the Governor’s side. That isn’t the case. There’s some prospects there where aspects of the legislation may be gutted and taken out and altered in one way or another. If that happens, it could be fatal to I-69. I-69 is not only a major road transportation network system that we need to be put in place, but it’s also a huge economic tool. Economic development that’s come about from I-164 spur, for example, in that short life span has been over $200 million. I can’t imagine what additional that we’ll get from a direct link with our state capital, it probably will be well into the billion dollar range. So, it’s necessary, I think, that we, as a group, the County Commissioners, in fact, I would like to even press upon our County Council, members of both parties to go up and show their support in unison for this project, because it’s that important.

Commissioner Nix: I want to thank you for, I guess it was last Wednesday you spoke, or Thursday, excuse me, at the statehouse on behalf of I-69 and the County Commissioners. I understood that turned out real well.

Commissioner Shetler: It did. Thank you.

Commissioner Musgrave: It appears that the best move for us would be instead of rescheduling the meeting, would be to cancel it altogether. We’ve checked with all the department heads and no one had any critical business pending for that date. I also checked with Surveyor Jeffers and the items that he had on his agenda, he checked with the developers and they were agreeable to waiting for a week. So, if there’s a motion to cancel the February Commission and, I guess we can’t do Data Board, not Data Board, Drainage Board, we will just send out an announcement on that.

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Old business? Artwork Unlimited lease at the Old Courthouse. Mr. Phil Wolter asked us to decide by today to see whether he could still use the Old Courthouse. I’m sorry, I skipped one. I’m going to put that one on hold for a moment. We received a letter from Dave Rector, who I believe is here today regarding the 2006 projects for the Centre. If you would like to go through those, Mr. Rector.

Dave Rector: I want to give you, Commissioner Musgrave, (Inaudible) there was a math error there. So, I’m going to give you the correct one. Our Excel system was trying to add in the date too. We have the 2006 through 2009 requested proposed projects for the Centre coming from the Food and Beverage Funds. I would suggest that we just address 2006 at this time. I’m here for any questions you might have. As you can see, it’s a pretty aggressive list, but the F&B Fund looks like it’s more than healthy enough to handle those. Some of them are absolutely necessary for the building maintenance, others are for enhancing the ability of the Centre to continue prospering. I’m here for any questions.

President Musgrave: Today, Commissioners, we would be approving the projects, but the estimates are exactly that, they’re estimates, and Mr. Rector will be bidding those out and awarding them to the low bidders after coming to the Commissioners to let us know what those awards are.

Dave Rector: What we’ve been doing, as we bid them, they go to our board for the approval, and then I’ve been giving you a letter of what the bids were and what the project was, so that you are aware of it. Then after we pay for it, we’ll invoice you just like we’ve been doing in the past year.

President Musgrave: There are a couple of items on here that will require some consultation as they are developing and come to fruition. So, if there’s a motion to approve the 2006 project list with that understanding.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

Dave Rector: Thank you.

President Musgrave: Thank you, sir.

Dave Rector: While I’m here, just one other item. SBC showed up today, finally, after over a year and are putting in another antennae for the Wi-Fi on the first floor. So, that should be available down there, beside up here.

President Musgrave: I know we had some questions about that agreement, so, you’ll be getting a few phone calls I think.

Dave Rector: This was the SBC that did it from the same ones that did it last year.

President Musgrave: If you have a handy copy of that agreement, we would like to take a look at it.

Dave Rector: I was going to say, do you have some information that I don’t have. They showed up at the door today and said they were here to do—

President Musgrave: No, it’s funny how that works.

Dave Rector: Okay. Thank you.

President Musgrave: Thank you. Next, Ed Ziemer is here to present the encroachment agreements, or Mr. Ed Ziemer is watching us on television and will come down as soon as he realizes that we’re ready for him.

Dave Rector: I’ll go tell him.

President Musgrave: Okay.

Ted C. Ziemer, Jr.: I think we did that.

President Musgrave: Did we?

Ted C. Ziemer, Jr.: Yes. Under my report.

President Musgrave: That’s right.

Ted C. Ziemer, Jr.: Yes.

President Musgrave: Then, it’s on this list twice, and I just didn’t remember that. Artwork Unlimited lease, now we’re ready for that, unless anyone thinks I skipped anything else on the agenda. Is anyone here to address the Artwork Unlimited lease? Or are there any questions or comments by Commissioners?

Commissioner Nix: I didn’t know if Mr. Wolter wanted to speak on behalf of?

Phil Wolter: Good afternoon, Commissioners. I think I dropped a letter off for all the Commissioners kind of covering some of the background of Artwork Unlimited, and certainly we would like to come back in and go with the project again this year with the approval of the Commissioners. I think we’ve had a pretty good history of helping some of the local charitable organizations that we detailed out in the letter. We also did start up, at the request of a lady you folks mentioned a little earlier, Mrs. Abell, she asked last year what we were doing to help downtown Evansville, and at that point we did start that little program, which was the contest promotion that we started, which helped out about seven different local businesses along the walkway there last year. We worked with Downtown Evansville, Inc. Event Coordinator, Tiffany Ball, to promote that event. It worked out fairly well. It wasn’t the greatest event in the world, but we feel like next year we would like to get more involvement from more businesses down there and have more registration sites and bring some more people in. The bottom line, we would just like to come back and be able to run the haunted attraction in the Courthouse again, with the approval of the Commissioners.

Ted C. Ziemer, Jr.: Excuse me, did you not also say that you would be willing, if it were approved, to have one night, what was that going to be, to benefit?

Phil Wolter: It would be a fund raiser, that was another one, I believe it was Mrs. Abell brought that one up, and it was, there was a motion within the Foundation Board meeting, and it was approved, most certainly, most definitely, we would like to work with the Commissioners and the Foundation Board and make that a successful event, raise some more funds for the Courthouse.

Ted C. Ziemer, Jr.: So that the proceeds from that particular night would go to the Foundation.

Phil Wolter: The Foundation Board or the County Commissioners general fund, whatever they deemed appropriate.

Ted C. Ziemer, Jr.: So, if this were approved, you’re willing to have that built in to the lease agreement?

Phil Wolter: Absolutely. Yeah, I think we already approved that, as a matter of fact.

Commissioner Nix: Well, sitting on the board, I know the long term plans for the Old Courthouse really don’t lend to this activity or this function, but I just I think for another year, I feel comfortable we can allow this to go on. So, I would like to make a motion we approve.

Commissioner Shetler: I’ll second.

President Musgrave: We have a motion and a second, so I’ll discuss. I appreciate that we have a consultant coming on board to let us know how to proceed with the Old Courthouse, not only in certain renovations, but perhaps with the whole building and the direction that it’s going. I respect what you’re doing, but I will not support it. So, I’ll call for a vote at this time. All those in favor?

Commissioner Nix: Aye.

Commissioner Shetler: Aye.

President Musgrave: Opposed? Aye. So, the motion carries. Your lease is approved for another year.

Phil Wolter: Well, thank you very much. I will, I guess, I’ll expect to hear from the Foundation Board where we can start planning the event for the fund raiser.

Ted C. Ziemer, Jr.: I’ll be preparing a new lease for you and we’ll shoot you a....could you give me your e-mail address.

Phil Wolter: I believe it might be on some of that correspondence. It’s wolterart–

Ted C. Ziemer, Jr.: Excuse me, wolterart?

Phil Wolter: Wolterart, excuse me, at hotmail dot com.

Ted C. Ziemer, Jr.: At hotmail dot com. Thanks.

Phil Wolter: Yes.

Madelyn Grayson: May we make a quick tape change please?

Commissioner Musgrave: Certainly.

(Tape change)

Madelyn Grayson: Thank you.

President Musgrave: Next on the agenda is the district two road hearing, Commissioner Shetler?

Commissioner Shetler: Yes, I would just like to invite everyone, regardless of if you’re in district two, or one or three, that we will be having our third road hearing, that will be at Scott School in the cafeteria, and that will be tomorrow at 5:30. From 5:30 to 7:00. So, if anybody has any road concerns and you were unable to make it to any of the other two that we had before, you are more than welcome to come to the district two as well. Again, that’s at Scott School cafeteria and that will be 5:30 to 7:00 tomorrow.

President Musgrave: Thank you. Next on the agenda is attorney Andrew Ozete with a settlement agreement in BBJJ versus Vanderburgh County.

Andrew Ozete: Thank you, Madam Chairman, Commissioners. My firm was engaged as special counsel for the county to deal with a matter of a claim by an entity known as BBJJ against the County. A lawsuit was filed and a copy of the lawsuit was tendered to the Commissioners. Based upon that lawsuit, subsequent discovery was conducted, depositions were taken. It would appear that while the complaint as stated is not particularly well pleaded, an underlying claim does sound, based upon one of several theories of law, ie: breach of contract, Res Judicata, excuse me, not Judicata, but promise of Res Ipsa, excuse me. In any event I have entered into settlement negotiations with BBJJ wherein they would agree to pay to the county some taxes that are due and payable at the same time that the County pays in satisfaction of the lawsuit in an exchange for the release of the lawsuit, $28,736.63. The County also, it’s a complete release by all, by BBJJ of all activity in relation to the lawsuit, in relation to the activities that resulted in the lawsuit. The County does a similar release for activities in relation to the lawsuit, excuse me, also activities related to the bankruptcy that led up to this lawsuit. But, the County does retain, of course, rights to enforce it’s police powers and taxing powers. I have prepared a copy of the release. I believe I tendered it to you just earlier today, but with that said, I have an original settlement agreement signed by the opposing counsel, signed by the other side. I would like to tender it for approval at this time. I also have a blue form, pre-filled out in the amount of that, and since I don’t do this everyday, I’ve written down what I would like. I would like a motion that would authorize the settlement to be executed, the blue form to be executed, and all other actions necessary to consummate the action, including without limitation timely sending the wire called for in the settlement agreement. Because there’s some timing issues, we’re going to do a wire transfer, and we really don’t have much time. So, that is how I would like the motion to read.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioner Nix: Aye.

Commissioner Shetler: Aye.

President Musgrave: And I abstain. The motion carries. Thank you, sir. Anything further?

Andrew Ozete: I hope not, Commissioner.

Commissioner Nix: Thank you.

President Musgrave: Thank you very much. We will all sign those after the meeting, and if you care to stick around for that, or you can just pick it up tomorrow. It’s your preference.

Andrew Ozete: Thank you.

President Musgrave: Is there any further old business?

President Musgrave: This is the time on our agenda where we call for public comment for anything relating to the Commissioners. Did I skip over the Treasurer’s annual report? No? That’s not today?

Z. Tuley: Wrong meeting.

President Musgrave: Okay.

President Musgrave: Consent agenda. I know that there’s been an amendment for a late travel request from the Treasurer’s office. Is there a motion to accept the amended?

Commissioner Nix: I would like to add one more, pay requisition number 78 for the new jail in the amount of $209,115.45.

President Musgrave: Is that a motion?

Commissioner Nix: So moved. Yes, that is a motion, yes.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: It’s amended for that. Is there a motion to accept the consent items and the Treasurer’s late travel?

Commissioner Shetler: Let me ask one question real quickly on that, on this jail, how are we running on that now, on the total budget? Are we still–

Commissioner Nix: Yeah, we are still within budget. This is actually out of the bond itself, this is a payment out of the bond, this is not any extra, this is for the contract itself.

Commissioner Shetler: Right.

Commissioner Nix: So, yeah, everything, yeah, we’re still, I think, in good shape, so.

Commissioner Shetler: Okay. Thank you. Did you need a motion?

President Musgrave: We had a motion and a second.

Commissioner Shetler: So moved.

President Musgrave: All those in favor? Aye.

Commissioner Nix: Aye.

President Musgrave: Do you vote to accept the–

Commissioner Shetler: Yes.

President Musgrave: Okay. That concludes the agenda items. Is there anything further? If not, a motion to adjourn?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

(The meeting was adjourned at 4:20 p.m.)

CONSENT ITEMS:

Employment Changes:

Health Department (1)              Veterans Services (1)

Travel Requests:

Center Assessor (1)                 County Clerk (2)             Election Office (2)

Treasurer (1)

Commissioners:

AMR Quarterly Report-4th Quarter 2005.

ONB Letter Regarding Jail Pay Requisition No.77

Evansville ARC Monthly Report-January 2006.

Department Head Meeting Notes: February 14, 2006.

Jail Pay Requisition No. 78: $209,115.45

Treasurer:

Monthly Report-January 2006.

Year-to-Date Investments: January 31, 2006.

Surplus Letters:

Building Commission: desks.

Auditor: printer and paper.

County Highway: vehicles.

Information Technology: UPS power system.

Weights & Measures: Monthly Report-January 2006.

Department Head Reports:

Burdette Park                           County Engineer             County Highway

Ozone Officer                           Supt. Of Bldgs.               CIO

Veterans Services

Those in Attendance:

Cheryl Musgrave                      Bill Nix                            Tom Shetler, Jr.

Bill Fluty                                    Ted C. Ziemer, Jr.          Madelyn Grayson

Patty Avery                               Les Shively                     David Vice

Jo Anne Smith                          John Stoll                        Doug Knight

Andrew Ozete                           Phil Wolter                      Norb Woolley

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Cheryl A.W. Musgrave, President

Bill Nix, Vice President

Tom Shetler, Jr., Member

Recorded and transcribed by Madelyn Grayson.