VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

JANUARY 2, 2007

The Vanderburgh County Board of Commissioners met in session this 2^nd day of January, 2007 at 3:30 p.m. in room 301 of the Civic Center Complex.

Commissioner Musgrave: Good afternoon. I would like to call to order the meeting of the Board of Commissioners of Vanderburgh County for January 2, 2007. We’ll start with introductions.

Marissa Nichoalds: Marissa Nicholads, Superintendent of County Buildings.

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

Commissioner Nix: Bill Nix, County Commissioner.

Commissioner Musgrave: Cheryl Musgrave, Commissioner.

Commissioner Tornatta: Troy Tornatta, County Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

Commissioner Musgrave: If you would please join me in the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

Commissioner Musgrave: Before we get started this morning, I would like to have a moment of silence to recognize the national day of mourning for the remembrance of former President Gerald Ford.

(A moment of silence was observed.)

Commissioner Musgrave: Thank you.

Commissioner Musgrave: I would like to officially welcome Mr. Tornatta here as Commissioner.

Commissioner Musgrave: Is there a motion to approve the minutes of December 19^th?

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

Commissioner Musgrave: All those in favor?

All Commissioners: Aye.

Commissioner Musgrave: The motion carries.

Commissioner Musgrave: The first item on our action agenda is the election of officers for this board. Is there a motion for President and Vice President?

Commissioner Nix: I move that Commissioner Musgrave be re-elected as President. Or nominate, excuse me.

Commissioner Tornatta: I second that.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. And for Vice President?

Commissioner Tornatta: I move that Mr. Nix be the Vice President. What do you think?

President Musgrave: And, I will second that. All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

Commissioner Nix: Gee, thanks.

Commissioner Tornatta: You’re welcome.

President Musgrave: We now move to CO.01-07-001, an ordinance establishing our 2007 meeting dates. I assume that you’ve all had an opportunity to look over that. There are no substantial changes beyond our regular Tuesday at 3:30 meetings here in room 301. Is there a motion to adopt the calendar of meeting dates.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. We move now to CO-12-06-021, the zoning code, the second and final reading, oh, excuse me. I need to go back and do a roll call vote on the other ordinance.

Ted C. Ziemer, Jr.: Well–

President Musgrave: And, you need to turn your mic. on if you’re going to talk.

Ted C. Ziemer, Jr.: Yes, I thought you were doing this in two readings. We’re doing this in two readings, the setting of the meeting.

President Musgrave: Alright. Do I need to do a roll call vote for this one?

Ted C. Ziemer, Jr.: You really don’t, because we’re not doing it unanimously.

President Musgrave: Okay.

President Musgrave: However, this is the second reading for CO.12-06-021 of the zoning code. It passed on the first reading on 12/19/06. Is there any public comment on this? This sets the guidelines for parking spaces for apartment units, which essentially rent by the bedroom. This ordinance came about as a result of a specific apartment complex that was proposed to be constructed as an apartment complex, and then later constructed as student housing, where each bedroom was then leased on its own and had access to a common area. But, the parking requirements for the complex was the same parking requirements for normal apartments. In other words, there was way too little parking. So, this addresses that. Are there any comments from the public? I see no one. Any comments from the Commissioners? Is there a motion to adopt this on the second and final reading?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Musgrave: And I vote yes. The motion carries.

President Musgrave: We move now to contracts, agreements and leases. If no one has any issue, we could take all three of them together. Commissioner Nix, would you like to read them into the record?

Commissioner Nix: Yes, the first one is with Weights and Measures, it’s a lease agreement. This is a lease of space at the Executive Inn. The lease is the same except for the rent increase for 2007, and I don’t have that rent amount in front of me here.

Ted C. Ziemer, Jr.: Yeah, it’s increased from $5,450 a year to $5,600 a year.

Commissioner Nix: Thank you. The second one is Paramount Mortgage Company lease of the space at the Old Courthouse. This is a new tenant that we’ll have at the Old Courthouse. It’s a standard lease. The third one is a contract for Eric Williams to accept the contract salary in lieu of money collected on tax warrants. I think that’s standard language that we’ve had implemented for quite a few years.

President Musgrave: Is that in the form of a motion?

Commissioner Nix: Yes, it is.

President Musgrave: Is there a second?

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. We now move to department head reports–

Ted C. Ziemer, Jr.: Excuse me. There were two agreements for the Sheriff.

President Musgrave: It’s not on this week.

Commissioner Nix: Which one?

Ted C. Ziemer, Jr.: One is the compensation agreement in lieu of taking other fees, and that’s the agreement you’ve just approved. The second agreement is an agreement to compensate the Sheriff for operating the Community Corrections program. That’s also in your packets.

Commissioner Nix: Move approval of the second.

Commissioner Tornatta: Second.

Ted C. Ziemer, Jr.: See, it’s not so easy.

President Musgrave: Yeah, we have a motion and a second. All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Now we move to department head reports. Mr. Ziemer?

Ted C. Ziemer, Jr.: Okay, now that I have the microphone on, the, I did e-mail each Commissioner about this, but the state has offered to sell Vanderburgh County 73 plus acres of property near the intersection of Waterworks Road and Highway 41 North. They initially offered to sell that property for $50,000. That was summarily, pretty much, declined by the Commissioners, or by Commissioner Musgrave, and then they came back offering to sell it for $15,000. I had some further discussions with them, and they reduced it to $10,000. I advised them, after our long conversation, that subject to approval by the Commissioners, I thought that, you know, we could recommend that the Commissioners enter into an agreement to purchase that property for $10,000. It needs to be approved by the County Council. I have prepared a letter, which is also in your files that would be sent over the signature of the President of the Board of Commissioners, should you decide to approve this, advising Mr. Charlie Bell, the project manager for the Department of Administration of the State of Indiana, that the county would entertain purchasing the property for $10,000, subject to their being appropriation by the Vanderburgh County Council. If you approve this, the letter is available to be signed.

President Musgrave: So, Council would be required to approve an appropriation, if we requested one, and also to pass a resolution in favor of it?

Ted C. Ziemer, Jr.: Yes. Obviously, the Council has to make an appropriation, if we don’t have the money in some other line item that’s appropriate to spend for this. But, in addition, since it’s a purchase of real estate exceeding $1,000, the Council has to adopt a resolution approving it.

President Musgrave: Alright. We’ve had discussion about this proposed idea at previous meetings, and I want to make sure that Commissioner Tornatta is up to date on that. Okay.

Commissioner Tornatta: Yes. I make a motion that we proceed to send a letter to the County Council to ask for funds.

President Musgrave: And the adoption of the resolution?

Commissioner Tornatta: And the adoption of the resolution.

President Musgrave: Okay.

Commissioner Nix: Second.

President Musgrave: We have a motion and a second. Any further discussion? All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Is there anything further, Mr. Ziemer?

Ted C. Ziemer, Jr.: No, I would just say then, even though you’re going to go to the County Council, I think it is appropriate for you go ahead and sign the letter to Charlie Bell indicating that we are willing to purchase it for that price, if the money is appropriated by the County Council. So, he can go ahead preparing his deed and getting everything ready, in the event that we go ahead.

President Musgrave: Do you feel that we should make a separate motion to sign that letter?

Ted C. Ziemer, Jr.: I think it’s included in your approving the....I just wanted to be sure the letter got signed.

President Musgrave: Okay, and you also have a joint snow removal agreement with Warrick and Vanderburgh County?

Ted C. Ziemer, Jr.: I do have. This was prepared at the request of Mike Duckworth, the Superintendent of County Highways. It’s a situation where there are, there’s a Warrick County road which is very near a Vanderburgh County road that it would be very convenient for Vanderburgh County to remove snow from, and there’s the same thing on a Vanderburgh County road that it would be convenient for Warrick County to remove snow from. These are defined in the proposed agreement. It falls under the statute where governmental entities can mutually agree to do something for each other without any consideration. You have this agreement in your file should you desire to approve it.

Commissioner Nix: I haven’t had a chance to look that over, but I have no problem with it. I make a motion that we approve.

Commissioner Tornatta: I’ll second that.

President Musgrave: And, as soon as I get my microphone on, just for the public’s clarification, Vanderburgh County will plow Lynch Road through Warrick County, until it gets to the intersection. There is no place in the middle of Lynch Road to turn around, and then we’ll come back and plow the other way. Warrick County is taking upon themselves Oak Grove Road to plow in both directions. So, if you see a Vanderburgh County truck on Lynch Road going east and crossing the county line and coming back, that’s what this agreement reflects. Also, if you see a Warrick County snow plow coming all the way over to, is it Burkhardt Road? Burkhardt Road on Oak Grove Road, and then turning around and going back, the Warrick County Commission is expected to address this, the same agreement, tomorrow at their meeting. So, this is the subject of that agreement. So, having a motion and a second, I’ll call for the vote. All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Anything further, Mr. Ziemer?

Ted C. Ziemer, Jr.: The final thing was just to inquire, as the County Attorney we did advise the Commissioners, each Commissioner that we believe that there’s a need to have an executive session to discuss litigation in the case of Charlotte Gunn versus Vanderburgh County. The nature of the executive session would be to participate in mediation, which would be held at 9:00 a.m. on January 26, 2007. The court ordered mediation has indicated that there need to be decision makers present at the mediation. Of course, the only decision makers here are the Vanderburgh County Commissioners. You would not make a decision at that meeting, but you would hear recommendations and give advice to the mediator as to whether or not you would recommend to a public meeting of the Commissioners that it be approved. So, I don’t know what your pleasure is on that, but that is the date that it is set, January 26, 2007 at 9:00 a.m. is the mediation. The mediators are willing to do this is the County Commissioners chambers, board room over here, if that suits you.

President Musgrave: Commissioner Nix, are you willing to attend that?

Commissioner Nix: Yes. I didn’t know if, they wanted all three of us there because of that?

Ted C. Ziemer, Jr.: At least a majority.

Commissioner Nix: I don’t know if that would work for that.

President Musgrave: Could we designate one of us, or do two of us actually have to be there?

Ted C. Ziemer, Jr.: I would prefer to meet the courts order that we have two Commissioners present at the meeting.

President Musgrave: At least two?

Ted C. Ziemer, Jr.: At least two.

President Musgrave: So, what I’m hearing from all, both of you, that this is a good day that both of you could be there?

Commissioner Nix: Yeah, 9:00 you say?

Ted C. Ziemer, Jr.: Yes.

President Musgrave: And, whom, how many people do you think they’ll have, because I would want to make sure that that room–

Ted C. Ziemer, Jr.: Oh, I’m sure it’s plenty big enough. I mean, there will be the mediator, and then there will be the plaintiff and her attorney, and then it would be the two Commissioners who are there, plus a representative from our office, and I suspect that will probably be it. So, there’s plenty of chairs in there.

President Musgrave: Okay, and they know that we don’t have water, soda, any amenities whatsoever?

Ted C. Ziemer, Jr.: They actually don’t expect this to take very long.

President Musgrave: Excellent. Alright, so we’ll see you then.

Commissioner Nix: Our is a BYOS.

President Musgrave: Yeah, is there any further business?

Ted C. Ziemer, Jr.: It will be sort of like the Commissioners water and cheese party at Christmas time.

President Musgrave: Well, we’re not allowed to have anything too (Inaudible). There’s not anything we can do about that. Alright. Mr. Duckworth, do you have anything further? I think we’ve covered yours.

Mike Duckworth: Mr. Ziemer took care of my part.

President Musgrave: Mr. Stoll?

John Stoll: I have one item and that’s to request the award of contract number VC06-12-01, the Hillside Road reconstruction. I request that this contract be awarded to J.H. Rudolph for the amount of $79,319. They provided the low bid on the project.

President Musgrave: Was that pending the successful acquisition of the easements?

John Stoll: The remaining easements, yes. We would just withhold the notice to proceed to the contractor until the easements have all been secured.

President Musgrave: Okay. Is there a motion?

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Anything further?

John Stoll: That’s it.

Ted C. Ziemer, Jr.: John, you’re not ready to proceed on the Green River Road agreement with–

John Stoll: The right-of-way?

Ted C. Ziemer, Jr.: –BLA? No? Okay, thank you.

John Stoll: I need to talk with them some more about some of the fees in the contract, but, hopefully, I’ll have that for next week.

President Musgrave: Mr. Ziemer, will we have an agreement with the Hirsch’s by next week?

Ted C. Ziemer, Jr.: I don’t know. Well, I’m not being flip. I mean, I called them again, their attorney, on Friday before New Year’s Day. December 31^st was the date by which they indicated they would give some information to us on the alignment, and I reminded them that December 31^st was two days away, and that if they had any information to give us, they should do so. They have not. So, that’s as much as I know.

President Musgrave: Do we need to proceed with condemnation then?

Ted C. Ziemer, Jr.: Well, that’s, of course, up to the Commissioners. I, personally, wouldn’t advise it, since I believe there will be a donation of the right-of-way by the Hirsch’s. But, I think another week or so is more advisable than talking about proceeding with condemnation.

President Musgrave: Alright, we won’t have a meeting next week, but the following week, I certainly hope that we can have that for the agenda.

Ted C. Ziemer, Jr.: I’ll let the attorney for the Hirsch’s know that.

President Musgrave: Okay. Any other department heads with any reports?

President Musgrave: Mr. Greer?

Sherman Greer: This matter that I have is for the use of the Centre and the Locust Room for an exercise that’s being planned by the United States Coast Guard and EPA. The planning phase of this is January the 18^th and 19^th and March the 13^th. The exercise itself is in June, June the 19^th through the 21^st. We would like to see if we could get the planning dates free of charge, the use of the room over there, and then they’ll pay also for the exercise dates, which would be June the 19^th through the 21^st.

President Musgrave: I understand that they’ll be bringing about 150 people to our community for this event in June?

Sherman Greer: Yes, Ma’am.

President Musgrave: Okay, and it will likely be at the Executive, which means they will be in Vanderburgh County hotels?

Sherman Greer: Yes, Ma’am. Also, Evansville is being asked to participate in that exercise, even though it is a Spill On The Ohio, which is an exercise that the National, the Coast Guard does every two years. They want us to develop and run an earthquake scenario, so that it will coincide with their exercise, and we will be in the process of doing that.

President Musgrave: Okay. Commissioners, what’s your pleasure?

Commissioner Tornatta: I move that we grant them the opportunity to come here and use the room, and then, hopefully, they’ll come back and patronize us on the run through.

Sherman Greer: I’ll make sure of that.

Commissioner Nix: Second.

President Musgrave: So, your motion is to waive the fee for the planning phase of this, but require the fee in the operation?

Commissioner Tornatta: That’s correct.

President Musgrave: Okay. All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

Sherman Greer: Thank you.

President Musgrave: There is something wrong with this capricious microphone.

Madelyn Grayson: I’ll have it checked out.

President Musgrave: Okay. No, other department heads.

President Musgrave: We’ll move forward to board appointments. We have quite a long list. Commissioner Nix?

Commissioner Nix: Yes, board appointments, I’ve got, like Commissioner Musgrave said, we’ve got quite a few. The Alcoholic Beverage Commission, do we want to wholesale these? Or do we want to do them one at a time? Is that your pleasure?

President Musgrave: All of them at once.

Commissioner Nix: All at once? Alcoholic Beverage Commission, Frank Daugul; Convention and Visitors Bureau, Michelle Peterlin and Joe Vezzoso; the Parks Board, Gary Shetler; Redevelopment Commission, Dave Abbott, Jeff Korb, Tim Deisher, Pam Martin and Andrew Smith; Redevelopment Authority, Mark Pettinga, Matt Meadors and Dan Carwile; Polling Place Advisory Committee, Gregg Utley, Roberta Heiman, Mark Foster, Connie Carrier, Marissa Nichoalds, Tony Bushrod and Ben Trockman; PTABOA, Kris Seger and Paul Farmer; MBE/WBE, Darrell Ragland and Frankye Calloway; Hamilton Golf Course, Carol McClintock, Nino Cocchiarella, Bob Harris, Tom Shetler, Jr., and Steve Craig. I make a motion that we approve all these.

Commissioner Tornatta: Second.

President Musgrave: I have a motion and a second. All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Is there any new business?

Commissioner Nix: Yes, I do have one thing. We got some information on a towing contract from Hamrick’s, and apparently it parallels the city’s contract, with the exception of a couple of items, I think, that our attorney’s taken care of. I didn’t know if it was the board’s pleasure to, and I talked to Mr. Hamrick this morning, I didn’t know if it was the board’s pleasure to move ahead with this contract, or to put this out on the street? I know it’s our discretion to do one way or the other.

Commissioner Tornatta: I would say since the contract has expired that we go ahead and approve the contract, as we have in front of us. Looking at the exemptions, or the additions that our attorney will have, and then, if we choose to do something next year then we, you know, get on that a few months ahead of time, and then go from there. But, I approve, I make a motion that we approve this contract.

Commissioner Nix: Second.

President Musgrave: As we had discussion, could you please elaborate on the small differences (Inaudible).

Ted C. Ziemer, Jr.: Certainly. Mainly, well, there are numerous changes in the contract which have to do with it being a county contract and a city contract, and I made all of those appropriate changes. There was in the county contract a provision that was deleted from the city contract, which said that, excuse me while I get to it;

“The contractor will not charge a storage fee for the first three days of storage of a vehicle that was towed or impounded at the direction of the county. The day the towing occurred shall count as the first day.”

I don’t know why that was deleted. Mr. Hamrick told me he thought it was included in the city contract. It is not, and I have included it in the county contract. The second thing, there was a discrepancy between some of the language, I felt, regarding the provision, there’s a provision that says that the contractor shall have one employee at the storage facility 24 hours a day, seven days a week, 365 days a year, without exception. And, that that employee must be authorized to do a number of things, including release vehicles. On the other hand, it’s Mr. Hamrick’s desire, and in the city ordinance it says that the only time that vehicles can be released to the public would be, not 24 hours a day, seven days a week, etcetera, but 7:00 a.m. to 6:00 p.m. Monday through Friday; 8:00 a.m. to 3:00 p.m. on Saturdays; and 8:00 a.m. to 12:00 noon on Sundays. So, I’ve changed that second sentence of that provision to say, notwithstanding, they have an employee there who could do this 24/7;

“The contractor shall maintain sufficient personnel to permit pickup of vehicles by the public only during the following hours.”

And then I’ve listed the hours. Otherwise, the contractor is essentially the same as the city contract.

President Musgrave: We have a motion and a second. All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Any old business?

President Musgrave: Any public comment? I see no one coming forward.

President Musgrave: We have a list of consent items. Is there a motion to approve the consent agenda?

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Musgrave: Okay, Ted, you can turn yours off.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Is there a motion to adjourn?

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

(The meeting was adjourned at 3:55 p.m.)

CONSENT ITEMS:

Employment Changes:

Prosecutor (4)                           Surveyor (1)                    County Clerk (3)

Auditor (1)                                 Union Assessor (1)         Pigeon Assessor (1)

Circuit Court (2)                        Public Defender (1)

Travel Requests: German Assessor (1)

County Engineer: Pay Request No. 14: Green River TIF Projects: $26,202.61

Surplus Letters:

Surveyor: various office furniture.

Knight Assessor: Minolta copier.

Sheriff Department: Old jail surplus list: miscellaneous items.

Treasurer: Monthly Report: November 2006.

Commissioners: Evansville ARC Monthly Report: November 2006.

Purchasing: Monthly Report: November 2006.

Department Head Reports: County Engineer

Those in Attendance:

Cheryl Musgrave                                Bill Nix                            Troy Tornatta

Bill Fluty                                              Ted C. Ziemer, Jr.          Marissa Nichoalds

Madelyn Grayson                               John Stoll                        Sherman Greer

Mike Duckworth                                  Others Unidentified         Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Cheryl A.W. Musgrave, President

Bill Nix, Vice President

Troy Tornatta, Member

Recorded and transcribed by Madelyn Grayson.