VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

JANUARY 16, 2007

The Vanderburgh County Board of Commissioners met in session this 16^th day of January , 2007 at 3:30 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: Good afternoon. I would like to call to order the January 16, 2007 meeting of the Board of Commissioners of Vanderburgh County. Welcome. We will start with introductions on my right.

Marissa Nichoalds: Marissa Nichoalds, Superintendent of County Buildings.

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

Commissioner Nix: Bill Nix, County Commissioner.

President Musgrave: Cheryl Musgrave, Commissioner.

Commissioner Tornatta: Troy Tornatta, Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

President Musgrave: And, before we finish with the introductions, do we have anyone here from Youth Resources? Normally we have them sit up front, and I see no one. So, please join me in the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

President Musgrave: Motion to approve the minutes of January 2^nd?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Is there a motion to open the bids VC07-01-01, repair and repaving of roads in Bohannon Estates?

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: I would like to welcome our special guests here today, the Prosecutors office. Mr. Stan Levco is the County Prosecutor, if you would like to come forward, I know you have a number of artists and family members here who participate in your anti-drug calendar program. I saw the calendar and was very captivated with the artwork, and I wanted to give you some time to explain what you do and all the people who help you do that.

Stan Levco: Well, thank you. We started this, I always forget, was it eight years ago? Eight years ago, seven years ago, something like this. As all good ideas, and most good ideas, it was an idea that I stole from a prosecutor in Baltimore. The middle schools participate in this. This year we had 19 out of 31 middle schools participate, 1,115 students. What we have is we have them, I hope you’ve all seen it, we have them all submit an anti-drug artwork. We have a group of judges each year, celebrity judges, and I hope I’m looking at one of next year’s celebrity judges.

President Musgrave: That must be you, Bill.

Commissioner Nix: It wasn’t me. I have family in this, and they won some of this. So, it can’t be me.

Stan Levco: They judge it every year. We narrow it down, we have 12 month winners and a grand prize winner. Also, we have a number of honorable mentions. I talked to the prosecutor in Baltimore, who’s name is Sandra O’Connor, but not the Supreme Court Judge, who’s a graduate of Indiana University Law School, and she’s finishing up, she’s done about 30 years as the head prosecutor in Baltimore, she’s not, as of this year she is no longer, but I will modestly say she said I think we have really made some improvements on hers. What we do is we list every person’s name who enters the thing. I just think it’s vision, I don’t know if it’s true, that everybody that does goes home and, I know if I did I would be looking to see that my name was in there. Not only that, it’s on the internet. So, any of the parents, or any relatives can see it from anywhere. This year, we always have a good year, but this year we had a number of really good contestants, particularly, the grand prize winner, I thought was exceptional this year. It will be on a billboard that’s donated to us. It will be up there on Vogel Road, I think it is. All the money that, the money that funds this comes from forfeited drug money. We distribute roughly 5,000 calendars throughout the city, to all the middle school participants and libraries and police offices, the county offices. If any of you didn’t get one, or want some, I have some down at the office. We have a number of the winners this year with their winning entries. Do you want me to have them come up or what?

President Musgrave: Yes, have them come up, and then put their artwork briefly on the easel–

Stan Levco: Okay.

President Musgrave: –so, maybe the camera can pick it up for them. Introduce them and tell us what month you are. I think that’s exciting.

Stan Levco: Okay, those of you that are winners and you have your winning posters with you, could you come up and bring them up? We’ll just do one at a time, but all of you come up here, and then I’ll just take you one at a time. How’s that? This is January, I recognize January already. This is Ms. January, Emily David.

President Musgrave: Please stand beside your picture and read what it says on the picture.

Emily David: It says, “Drugs will give you the wrong tune.”

President Musgrave: Drugs will give you the wrong tune. That’s very nice. Your name is?

Emily David: Emily David.

President Musgrave: Emily David. What school do you go to, Emily?

Emily David: Christ the King.

President Musgrave: Christ the King? Well, congratulations! It’s very, very nice and I think you have exactly the right message.

Emily David: Thank you.

President Musgrave: Thank you.

Stan Levco: Now, are you Logan?

Unidentified: No.

Stan Levco: Are you Logan?

Unidentified: No.

Stan Levco: Okay, Logan is not here? Lauren is not here. This is William Rodenberg, June.

President Musgrave: Say your name into the microphone and tell us what it says on your artwork.

William Rodenberg: My name is William Rodenberg, and it says, “Smoking dope won’t give you hope.”

President Musgrave: This is for June did you say?

Commissioner Nix: What school do you go to?

William Rodenberg: St. Boniface.

President Musgrave: St. Boniface.

Commissioner Nix: William happens to be my nephew. So, I knew that already, I was just baiting him.

Stan Levco: Well, I want to make it clear that we didn’t know that. I didn’t know that.

Commissioner Nix: And, I wasn’t a judge.

President Musgrave: Well, congratulations. I’m sure that your talent is all your own.

Commissioner Nix: Gee, thanks.

President Musgrave: Thank you.

Stan Levco: Aimee? This is Aimee Boyle, August.

President Musgrave: What does it say on your artwork?

Aimee Boyle: It says, it has an injection thing, and it says, stupid, a little bit is stupid, a little bit more is unhealthy, more is dangerous, and all the way full is deathly.

President Musgrave: And which school do you go to?

Aimee Boyle: Evansville Day School.

President Musgrave: Evansville Day School. Well, thank you very much for participating. It also just says, “Just say no”, right?

Aimee Boyle: Uh-huh.

President Musgrave: In the upper right hand corner, what does it say there?

Aimee Boyle: “Say no to drugs.”

President Musgrave: Say no to drugs, okay. Well, thank you very much for bringing that today.

Aimee Boyle: Thanks.

Stan Levco: Reid? This is Reid Mobley, October.

Reid Mobley: Okay, my name is Reid Mobley, and the theme for my drug calendar addition is, “Alcohol pours your life down the drain.”

President Musgrave: What school do you go to?

Reid Mobley: Perry Heights Middle School.

President Musgrave: That’s the school my kids went to. Congratulations for your entry.

Reid Mobley: Thank you.

President Musgrave: Very well said.

Stan Levco: Is Perry Heights where you have the dancers?

Reid Mobley: Yeah, the snowball dance and all that stuff, so.

Stan Levco: No, I mean, your principal’s (Inaudible).

President Musgrave: My kids went to the same snowball dances he’s talking about.

Reid Mobley: I don’t know what you’re talking about.

Stan Levco: Alright, okay. This is Trey, Trey Fullilove.

Trey Fullilove: My logo says, “Cocaine causes pain.”

President Musgrave: Say your name again for the microphone, and what school do you go to?

Trey Fullilove: My name is Trey Fullilove, and I go to McGary Middle School.

President Musgrave: McGary, I understand, is your art teacher here? I understand that she works very hard at making this program successful at McGary.

Stan Levco: McGary dominates this contest. When the judges judge, they don’t know what schools they’re from. McGary, every year, does exceptionally well. This is the first year we’re seeing a few little intervals, but some years they have swept.

President Musgrave: So, McGary rules?

Stan Levco: (Inaudible) yeah.

President Musgrave: Congratulations, Trey.

Trey Fullilove: Thank you.

Stan Levco: And, our grand prize winner, from McGary. Yelena?

Yelena Koshichiy: My name is Yelena Koshichiy. My poster says, “Make our city safer, stay away from drugs.”

President Musgrave: I was so taken by the picture of the Old Courthouse that you drew there. I was wondering how we can get that from you, because, I think that’s an excellent rendition of the Old Courthouse. I understand that you’ve not been the lead winner before, but you won last year for one of the months as well?

Yelena Koshichiy: Yes, I won first place last year.

President Musgrave: Wow! Congratulations! And, you’re from McGary too, aren’t you?

Yelena Koshichiy: Yes.

President Musgrave: Yes, you are. But, you’re not from McGary, I mean, I think you’re from somewhere else originally, not from this country.

Yelena Koshchiy: You mean what country?

President Musgrave: Yes.

Yelena Koshchiy: Yes, I am from Ukraine.

President Musgrave: How long have you been here?

Yelena Koshchiy: For about three years.

President Musgrave: Three years. I understand all of these artwork, the artwork for the calendar is on display at the Children’s Museum?

Stan Levco: It has been. Not any more, but it has been since the past month or so.

President Musgrave: Okay.

Stan Levco: It will be next year, the winners will be next year. Pretty soon she will have her first place entrance on a billboard on Vogel Road.

President Musgrave: On Vogel Road.

Stan Levco: They get prize money for this also, which is not the reason that they do it.

President Musgrave: Well, I was very impressed with the calendar. I think I’ve noticed it for several years, but this year there is something special about it, and I want to congratulate, who’s your staff member who does this?

Stan Levco: Doug Brown and Regene Newman.

President Musgrave: Would you please come forward? Because I know that this takes quite a lot of extra work in a serious office like the Prosecutors office to do what might not seem very serious, an art competition among students, but, I think it really makes everyone think. I want to thank you for that. Thank you for bringing that.

Stan Levco: We have a presentation every year, and I tell this story to parents, so, I’ll tell it to you, the way this began was, roughly eight years ago, Doug is actually the one who saw Sandra O’Connor do this–

President Musgrave: Ah!

Stan Levco: –and, said to me, “I think this is a good idea we should do.”. I was pretty skeptical, and he kept telling me to do it. What I finally said to him was, “You do it. You prepare it. You get it all done, and if it works, I’ll take the credit for it.” That’s exactly what I’ve done for the past eight years. So, it’s worked out pretty well.

Commissioner Musgrave: Well, I want to congratulate all the young artists, and know that I think you’ve made a difference in what you’re doing. Thank you for the work that you are doing to bring to this contest. I asked you when you came up to the meeting, I hope that you can televise the awards ceremony next year.

Stan Levco: We’ll look into that.

President Musgrave: I think it probably only costs about $100, and the kids would get some great recognition. You know if McGary is going to rule in this, boy, somebody’s got to try to take them off their pedestal. We’ve got to get some more involvement in this.

Stan Levco: We’re making inroads.

President Musgrave: Okay.

Stan Levco: Okay, thank you for doing this. It was really nice.

President Musgrave: Thank you, and thank you to all the students and sisters and brothers and parents and cousins and uncles and other relatives who took the time to come down here today. I want to thank you.

President Musgrave: I saw Sheriff Williams come in. Is he still here? Behind the easel? Sheriff Williams, if you’ll come forward. I talked to him earlier today, and I told him that I wanted to also recognize the joint task force for the Police and Sheriff’s department for another drug related event last week. If you’ll explain to us what happened.

Eric Williams: Basically, it’s, the joint task force is an organization comprised of Vanderburgh County Sheriff’s deputies, Evansville Police officers, and Vanderburgh County Prosecutor’s personnel. It’s been in place for about four years now. We work jointly on drug enforcement issues. I applaud Prosecutor Levco and his staff for what they’ve done, because the real long term answer is through education awareness, just like you’ve pointed out. Having these young people involved in a program like this is going to make a difference in the long run. In the meantime, it’s groups like the JTF who are out looking for the bad guys and putting them behind bars. We’re very fortunate, we had a good tip, information led up to a pretty big arrest and a seizure out in our county. Those guys are doing that everyday, and they continue to do that everyday and work very diligently to try to rid our streets of things like meth, heroine, cocaine, and all those other horrible substances that are affecting our lives. But, they do a good job everyday and we’re very proud of them.

Thank you.

President Musgrave: Thank you and congratulations to you, and to the City Police, on that major drug bust.

President Musgrave: Alright, do we have the Bohannon Estates bids ready, Mr. Ziemer?

Ted C. Ziemer, Jr.: We do. Yes, Ragle, Inc’s bid is $293,259.70. Koberstein Trucking’s bid is $239,949. J.H. Rudolph’s bid, oh, excuse me. Koberstein Trucking I said is $239,949, with alternate one, which was not bid by Ragle, Inc., with alternate one, Koberstein Trucking is $240,477. J.H. Rudolph bid $224,940, and with the alternate it’s $226,964. Blankenberger Construction bid $260,750, and with the alternate it’s $259,694. The engineer’s estimate for the project was $286,250.

Commissioner Nix: I make a motion we take these bids under advisement.

Commissioner Tornatta: Second.

President Musgrave: Try it again.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We move on to CO.01-07-001, the ordinance establishing the 2007 meeting dates, the second and final reading. This was passed on the first reading at our last meeting. Is there any discussion of this ordinance? Is there a motion to adopt it on second 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. Show the ordinance as adopted.

President Musgrave: We have a couple of other things to adopt, the County Commissioners 2007 lobbyist activity registration statement. This is required to be filed by the state yearly. In fact, we need to do that today. Is there a motion to adopt it?

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We had hoped to set the date and time for the district road hearings, and we will be naming those exact dates next week. It looks like they’ll be three Wednesdays in February, but we want to finalize our plans with the schools, where we normally hold these to make sure that those dates are acceptable with them. So, we will be announcing the district road hearing dates next week. But, you don’t need to wait for the road hearing to send in your complaints. If you have a pothole, a street repair, concrete or asphalt, or an idea or complaint about roads, go ahead and e-mail those in, mail them in, just don’t phone them in. We would like to have a written record. You can e-mail them to commissioners, that’s commissioners with an “s”, at vanderburgh gis dot com. We will take complaints on any road, but know that complaints on state roads, federal roads, city roads, we will be passing those along to the appropriate jurisdiction. So, don’t wait for the meeting to give us your road paving ideas. Send those in right away.

President Musgrave: Commissioners, if it’s acceptable to you, can we take the Purchasing permission to advertise in one motion?

Commissioner Nix: That’s fine with me.

Commissioner Tornatta: Yep, that’s fine.

President Musgrave: Does somebody want to make the motion as listed?

Commissioner Nix: Yeah, move approval of APA-002-2007, crushed stone; APA-003-2007, sand and gravel; APA-006-2007, oil products; and APA-008-2007, batteries. That is in the form of a motion.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We move now to contracts, agreements and leases. All of these have been reviewed by the County Attorney, and we have several. We’ll go ahead and take them one at a time, in case there are questions. The Superior Court Youth Services Bureau contract. I understand that this is identical to the agreement for 2006. The annual charge has decreased from $54,000 to $41,000. Is there a motion?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. The Superior Court CASA, Incorporated contract. The agreement is for a period of one year in the amount $44,700. Is there a motion for approval?

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. The County Commissioners Economic Development Coalition grant agreement. This is the agreement establishing the successor organization to Vision-e, and will provide economic development in Southwest Indiana, that now includes four counties; Posey, Gibson, Warrick and Vanderburgh. We will pay $139,000 in quarterly payments as per this agreement. Are there any questions? 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. We have received the Knight Township Trustee 2007 guidelines. The law requires that these guidelines be filed every year. As far as I know, Mr. Ziemer, we have only received Knight Township’s and not the other seven?

Ted C. Ziemer, Jr.: That’s all we’ve received.

President Musgrave: Okay. Is there a motion to adopt those guidelines?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. While I said the word adopt, I think they are just required to file them with us. We don’t actually adopt them. I have told though the townships that fail to file them with us, if there’s a petition to the Commissioners because of a denial of services, a grant, or relief by the township trustee, and they have not filed any guidelines with the Commission, my vote will be to grant it. Whatever the relief is the petitioner is looking for, I am going to vote yes, because I have no guidelines from the township. So, let that be an encouragement to the other seven townships to get their guidelines in to the Commissioners. We have a lease renewal as our next item, the O’Connor Creative lease agreement for the Old Courthouse.

Commissioner Tornatta: Move approval.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. The Health Department STD grant for $69,814.

Commissioner Tornatta: I’ll move approval.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. The Superior Court Indiana Criminal Justice Institute grant. The grant renewal for the Superior Court with the Indiana Criminal Justice Institute.

Commissioner Tornatta: Move approval.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. The QPA–

Ted C. Ziemer, Jr.: Excuse me. Pardon me, Madam President, we have two items there. I thought there might be confusion on the agenda.

President Musgrave: Your microphone is misbehaving.

Ted C. Ziemer, Jr.: Okay, there are, one is a new grant, which is a Byrne grant renewal, and that’s a grant for $36,322 running from April 1, 2006 through March 31, 2007. That’s one grant agreement. The other document you have to approve is an award, a grant award statement for a prior grant, which expires March 31, 2007, which the court inadvertently failed to send to us when we approved the grant initially. So, I didn’t want you to just do one approval. So, your motion ought to be to approve an ICJI grant award statement, that’s one thing is you want to do that, and the second thing is to approve the Byrne grant renewal. Then you’ll have covered both of them.

Commissioner Tornatta: I amend my motion to encompass the award statement, plus the Byrne grant.

Ted C. Ziemer, Jr.: Good. Thank you.

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

All Commissioners: Aye.

President Musgrave: Thank you for the clarification on that, Mr. Ziemer. We now move to the lease of computers for the courts. I noticed that we have Tim VanCleave, Judge Knight and Matt Arvay here to answer any questions. There’s a number of documents and master lease agreements. Mr. VanCleave, if you’ll just give us a brief rundown of what this request is.

Tim VanCleave: Thank you. My name is Timothy VanCleave, I’m the Executive IT Director for the courts. This is a project that will be replacing the technology for the court system here inside of Vanderburgh County. It’s a project that’s been on-going, in a planning cycle for sometime, and has come to fruition here. The court has elected to choose the Hewlett Packard product, mostly because the cost was very competitive with the Dell QPA, but, more importantly, the Hewlett Packard product offers a longer guarantee on parts being available. The court has a unique opportunity, that is not necessarily present in all offices, that several offices utilize the same software in all offices, encompassing about 250 to 300 users. This allows us to provide a controlled environment, which helps us in turn keep costs for managing that environment down, when all of the computers are the same, and can maintain parts that are the same as the initial cost, because the county has invested in a software distribution system. Most problems with the hardware in the environment is normally software. That is why being able to have a configuration that is consistent over three or four years during the life cycle is beneficial in keeping the costs for the county’s operations down low. It is that, plus the cost comparison with the Dell’s that we have elected to go with the Hewlett Packard product. As part of some of the delays in bringing this to the board, the initial project started as we were starting to change out the facility management provider, which brought us into, you know, the fourth quarter when we began working on the final details of that. Then the state did not decide what they were going to do with their 2007 QPA on computing equipment until December of ‘06, which put both Matt and myself into a decision making process on how to best move forward. At that point Matt thought it was best to engage the County Attorney to get some legal counsel on whether or not we could proceed with this. Which brings us up to this week, finalizing our project, our costs, our quantities, and getting them presented in the lease document for legal review. I’ve tried to cram a whole lot of information into a very short period. I hope I haven’t gone too long, or shortened it too much for this board.

President Musgrave: As well, when I saw that it was on our agenda for today, and it had to be done today, acted upon today, or you would lose this pricing, I thought that that was way too much brinkmanship. What if something had happened and we hadn’t been able to hold this meeting today? So, I encourage you to get those to us with more time, more leeway next time, so that everyone doesn’t feel that they are rushed in this. I understand that you will be bringing in new computers to replace pretty much all the desktops in the courts environment?

Tim VanCleave: Yes.

President Musgrave: Now, I want to make sure, will these other computers that you are replacing, will those be available for redistribution in other county offices?

Tim VanCleave: Yes.

President Musgrave: Okay, good.

Tim VanCleave: But, we will be retaining a few for the Election Office, who was, the Council did not fund to have new computers. So, we do want to retain some of these so that we have spare parts or replacement units, as well as a testing environment. But, that would still leave, in my estimation, 200 to 225-230 computers for redistribution by the CIO and computer services.

President Musgrave: Alright, and I know that we have a need for at least one server elsewhere. If any of the servers are freed up, would you let Matt know. He knows where we are really in dire need of newer equipment.

Commissioner Tornatta: Tim, there was a quote and then a deal price. So, was there a cost savings in the purchase?

Tim VanCleave: HP did go below their state QPA pricing in order to make sure that they obtained this deal.

Ted C. Ziemer, Jr.: If I can just clarify? You are referring to that chart that you were sent?

Commissioner Tornatta: Yes.

Ted C. Ziemer, Jr.: The quote is Hewlett Packard’s quote to the State of Indiana, under their QPA pricing agreement. The deal price is the price that they actually gave Vanderburgh County, which as Tim says, is lower than the state price.

President Musgrave: They reached that deal in order to be the same price as Dell, correct? Because Dell was coming in at a lower price even than the Hewlett Packard QPA, is that correct?

Tim VanCleave: Yes, but HP had already reduced their costs knowing that they would be going against Dell here.

President Musgrave: So, we got the lowest possible cost, but we benefitted from the competition between Dell and Hewlett Packard?

Tim VanCleave: Yes.

Commissioner Nix: What’s the duration, this transition from old to new, what kind of time frame are we looking at? Just ballpark.

Tim VanCleave: Ballpark, we will probably be looking at two to six months. With approval today, then we begin the details with the new facility management, as well as Matt, to determine how we can put the pieces together, bring them online and transition them over to the facility management organization.

Commissioner Nix: You guys are pretty comfortable that you can pull this off, I mean, with the people you have? I mean, to make it all work then?

Tim VanCleave: Part of this we will be requiring additional services, because to deploy this number of units will take significant resources for a very short duration. So, it does not make sense to increase staff in any location permanently to handle this one surge.

Commissioner Nix: Okay.

President Musgrave: So, is Mark Rolley’s organization going to be assisting you with this?

Tim VanCleave: To the degree in which we will be turning it over. I do not know if Matt will be allowing them to quote on the services. I would need to defer that one over to him, because I know that in our discussions Matt has mentioned that MRC cannot bid on any other work without the approval of the bodies.

President Musgrave: Alright. Are there any other questions?

Commissioner Tornatta: Just, Judge Knight, since you’re here, if you could just answer a quick question. I always found that on the Council I go to the source. Any other issues in the computer area that you’re going to see after we get some of these things in place? Is everything working pretty smooth?

Doug Knight: Not that I can foresee at this point. I think I just told Mr. Fluty earlier that we would have them up and running by March, but I think that’s a little more conservative estimate, later in the summer. I’ll see if I can push Tim as fast as I can, and you can beat that date. He may disagree with that. No, not that I can foresee at this point.

Commissioner Tornatta: Okay.

Doug Knight: I certainly appreciate the accommodations of the Commission in taking it as swiftly as they were able to, and we’ll do much better in the future.

Commissioner Tornatta: Thank you.

President Musgrave: Thank you.

Doug Knight: Thank you.

President Musgrave: Mr. Ziemer, I note that there are a number of agreements. Would you like to make the suggested wording for the motion to encompass all of them?

Ted C. Ziemer, Jr.: Yes, I would suggest that the motion be to approve the state and local government master lease purchase agreement, the schedules attached thereto, the attachments attached thereto, and the associated certificates.

Commissioner Tornatta: So moved, okay.

Commissioner Nix: Second. I was going to ask him to repeat that.

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

All Commissioners: Aye.

President Musgrave: The motion carries. Thank you. Thank you for taking the time to come over today.

President Musgrave: We move now to department head reports. Mr. John Stoll, County Engineer, I understand you have some supplemental agreements.

John Stoll: I’ve got four contracts that deal with the TIF district projects. The first one is a supplemental agreement with Clark Dietz, Incorporated for the Green River Road-Millersburg Road intersection project. This is for an increase of $24,300. This cost is associated with the necessary design changes to make sure that the Clark Dietz plan match up with the Bernardin Lochmueller plans for the project to the south of Green River-Millersburg. This project, this cost is actually, the full contract amount of which we’ll only pay 20 percent, because we will request INDOT to supply 80 percent federal funds. So, at this point, I’m just requesting your approval to submit this to INDOT so they can finalize this, review it, and return it back to us for final signatures. They have to , we have to go through that process first, through INDOT, before we can sign the contract.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

John Stoll: I forgot to mention too that the County Attorney had reviewed all of these contracts. So, he found them to be acceptable for your approval. The second contract is for the right-of-way engineering and right-of-way services for phase two and phase three of Green River Road. This contract is with Bernardin Lochmueller and Associates, and the amount is $315,000. One thing that I would like to point out on that amount is the fact that the total was based on all properties would require a long form appraisal. We know that’s not going to be the case, so, the final amount of the contract should be less than that, but they figured that in on the basis that that would be the high end for everything. But, I would like to request approval of that contract.

President Musgrave: Is there a motion?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: Then, next I would like to request approval of the supplemental agreement with Bernardin Lochmueller and Associates for the Green River Road project. This is for an additional amount not to exceed $65,000. This is for the soils work on phases two and three of the project.

Commissioner Nix: John, correct me if I’m wrong, that was part of what we pulled out of some, I guess, a contract that we were working with–

John Stoll: DLZ?

Commissioner Nix: –DLZ on, and, we had put that in their contract, and, okay.

John Stoll: Right. This was combined for phases two and three, rather than having separate soils contracts for the DLZ project, and separate soils for the Bernardin contract.

Ted C. Ziemer, Jr.: Excuse me, John? You’re now referring to the BLA supplemental agreement to the June 6, 2006 agreement?

John Stoll: Yes.

Ted C. Ziemer, Jr.: I showed that the additional cost was $68,200.

John Stoll: I’m sorry, you’re right. It had an extra $3,200 for an additional line item.

Ted C. Ziemer, Jr.: Okay. I just want the record to be correct.

John Stoll: Ted’s amount is correct.

President Musgrave: Is there a motion?

Commissioner Nix: So moved.

Commissioner Tornatta: Second, and I would just like to point out that all these things have been sent to the Commissioners for those who are either in the audience or watching on the television, that these have been submitted. Normally in e-mail form we’ve been able to look at them. So, although we’re approving them pretty quickly here, we have had a chance to look at these.

President Musgrave: Yes, we’ve been doing that for a couple of years now. We have a motion and a second, is there any discussion? All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: The last item that I have is a right-of-way agreement with Bernardin Lochmueller and Associates for Cross Pointe Boulevard. This is for $134,000. This would provide right-of-way engineering and right-of-way acquisition services for all the right-of-way needed for that project between Virginia Street and Morgan Avenue.

Commissioner Nix: Oh, excuse me.

John Stoll: One other thing too, this was all figured on the basis of long form appraisals on all parcels again. So, here again, this final amount paid should be a little less than this.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: That’s all I have.

President Musgrave: Mr. Ziemer, do you have a report?

Ted C. Ziemer, Jr.: I do.

President Musgrave: Where are we getting this feedback from?

Ted C. Ziemer, Jr.: Let’s see, we have a series of documents relative to the making of first payments to Berbee and to Keller Schroeder for the acquisition of equipment, installation of equipment for the new county telephone system. This is all being done pursuant to the Key Government Finance, Inc. master agreement, lease/purchase agreement and escrow agreement. I have e-mailed each of you, in detail, regarding that agreement. The amount due Berbee under this current draft would be $27,420.15. The amount due Keller Schroeder would be $117,231.90. Matt Arvay, is he still here, or did he leave? I don’t know if you had questions, but I think it’s all in line.

President Musgrave: Are there questions regarding the contract?

Commissioner Tornatta: The only question that I’ve had, and I’ve addressed it to Auditor Fluty, is that the amount is in place when we go through with this. I still don’t know if I have a clear answer if the money is in place for the contract.

President Musgrave: Marissa, why don’t you call Mr. Arvay and ask him to come back, and we’ll move on to other items on our agenda. What else do you have, Mr. Ziemer?

Ted C. Ziemer, Jr.: The, just the second thing was, I e-mailed the Commissioners regarding an automobile accident to one of the Sheriff’s Crown Victoria’s, and there was a total loss, and the Sheriff, through Sargent Tenbarge, is recommending that we keep the damaged vehicle for parts, and allow the settlement to be reduced by the salvage value of $2,050. I need your approval if we’re going to settle that in that manner.

Commissioner Tornatta: I make a motion to accept the settlement.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

Ted C. Ziemer, Jr.: Okay, thank you. Now, let me see what’s...I think that’s all. Thank you.

President Musgrave: Are there any other department heads? Oh, thank you, Mr. Arvay. We had questions. Mr. Tornatta has a question regarding the telephone contract.

Matt Arvay: Yes.

Commissioner Tornatta: What my main issue right now, and we’ve talked about it, is that the monies are in place for this contract.

Matt Arvay: Right.

Commissioner Tornatta: I’m not going to sign a contract until the monies are in place. It’s a state law.

Matt Arvay: Right.

Commissioner Tornatta: Now, what I need to know is, we kind of think there are, and the monies are in place. There’s a $25,000 roll over from last year.

Matt Arvay: Right.

Commissioner Tornatta: Adding to our $210,000 in that line item.

Matt Arvay: Right.

Commissioner Tornatta: But, I hear, “I think that will be enough.” The Council, at budget time, said that that was, the $210,000 was the number. Now, we didn’t even appreciate the roll over. We still signed the contract. Or the prior administration signed a contract. I guess, my question is, do we have proof that that’s going to be the case, and then can we move from there knowing that there won’t be going back to the County Council for any more monies?

Matt Arvay: Well, when I met with you Friday, I had brought that study, and that’s where we got the RLI from was looking at our current Centrex costs, what this new IPT system would cost us, as well as our communication lines back at AT&T. When we did that study, we felt that with the current line item out of the Commissioners Telephone budget, with a proper installation of getting this done in the first quarter of this year, that that would cover the costs. That’s why we didn’t come to Council and ask for an appropriation specifically for this project.

Commissioner Tornatta: Okay, and then if, not knowing where the votes fall, but if this contract were deferred, does that put us behind?

Matt Arvay: The installation is still continuing. It’s just, I was trying to appease these folks that have submitted invoices.

Commissioner Tornatta: Okay.

President Musgrave: Any other discussion?

Commissioner Nix: I’m just curious. Would it hurt to put this off a week? Maybe we could look at this.

Commissioner Tornatta: I was just going to recommend we defer this for a week and make sure that all of the funding is in place, and that we can...I don’t have an issue at that point.

Commissioner Nix: I think the key here, and at an ITAC meeting that we had last week was, I asked the question about, you know, they were talking about schedules and this, that and the other, my question to them was, when would the last phone be installed? The answer that I got, the long answer was, or, I guess, the short answer was three months. So, and that was the reason for the question, because the quicker we get this done, the quicker we get off the old system and get our cut lines free and all that, and get on the new system. The new system is considerably more economical.

Commissioner Tornatta: They’ve talked about that, I think the main point was, in the budget hearings we did talk about that on the Council. There was not an approval from the Council of going through with the process. Although, if we can approve by a GAN chart that we see that things are going to end up possibly even saving us money in this effort, then I don’t see any problem with it. If it takes us a week, I think that that’s very acceptable.

Matt Arvay: That’s fine. That will give me plenty of time to get the necessary information to you in the format you’ve asked for.

Commissioner Tornatta: Okay, thank you.

President Musgrave: Mr. Arvay, can you refresh my memory. Exactly how much was this projected to save us over three years?

Matt Arvay: It was either 720 some thousand dollars over ten years, or the $850,000. It was city-county, one or the other over ten years.

President Musgrave: So, a significant–

Matt Arvay: It was like 1.5 million for the city-county as a joint over a ten year period. The reason why we looked at it as a ten year period, because that’s exactly what our phone contract ran, a ten year contract.

President Musgrave: So, we are looking at a significant savings, and the sooner we get started the more actively we will realize those savings?

Matt Arvay: Yes.

President Musgrave: I trust that your folks who are working on this won’t slow down, even though we are taking an extra week to put the numbers on paper?

Commissioner Nix: I was going to say, with the new ITAC board, I don’t think that’s going to happen. These folks, I mean, this thing, and, of course, Mr. Williams back there has been voted in as the new president. So, we’ll see that all that gets taken care of with Sheriff Williams.

President Musgrave: Again, it’s a joint city-county project?

Matt Arvay: Yes.

President Musgrave: Even though the city chose not to lease their equipment, and chose instead to–

Matt Arvay: Out right purchase.

President Musgrave: –out right purchase. I think they realized a slightly larger savings than the county did. The county chose instead to go ahead and lease. But, I look forward to seeing your report. I can’t quite recall, did we have a motion to table this or not?

Commissioner Tornatta: Yes, I moved to table this until next week.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Thank you.

Ted C. Ziemer, Jr.: Excuse me. On that, I didn’t notice, but this is on the consent agenda, so, you’ll want to, before you approve the consent agenda, move to take this off.

Madelyn Grayson: And, we need to change the tape real quick.

(Tape change)

President Musgrave: Are we ready?

Madelyn Grayson: Yes.

President Musgrave: We have some board appointments, a rather lengthy list. I’ll defer to Commissioner Nix to go through those please.

Commissioner Nix: Okay, these are some new and some changed. I’ll just start with the Commissioners. President Musgrave; Area Plan Commission, the Evansville MPO, GAGE and the Mayor’s Education Roundtable. Myself; EARC, Economic Development Coalition, Old Courthouse Foundation, and Public Defender Board. Commissioner Tornatta; Central Dispatch, Coalition to End Homelessness, Community Corrections, Domestic and Sexual Violence, DRCC, and Southwestern Indiana Mental Health. Burdette Park Advisory Board, Suzanne Nicholson. This is for the Common Construction Wage Board at Ivy Tech, for an Ivy Tech project, excuse me, Paul Sowders. Construction and Roofing, Steve Heidorn, John Elpers and Jeff Hatfield. Domestic and Sexual Violence Commission, Holly Dunn-Pendleton and Laura Symon. Electrical Board, Randy Breivogel and Jerry Goedde, and Jim Rexing. Coalition to End Homelessness, Evelyn Hansen-davis. Hamilton Golf Course Task Force, Grey Meyer. Human Relations Commission, Jamil Wali. HVAC Board, Jeff Schneider, Bob Crow, and John Dillingham. The MWBE, Frankye Calloway, Darrell Ragland and Caroline Walters. We are waiting for a response back from Caroline on whether she will serve on that. The Old Courthouse Foundation, Kristen Tucker, Roger Lehman and Mike Buente.

President Musgrave: Is there a second?

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. I apologize for the feedback. I can’t seem to locate the source of that. Mr. Duckworth says I skipped him on the department head reports.

Mike Duckworth: I’m pretty easy to overlook. That’s okay. Thank you. Mike Duckworth, Superintendent of the County Highway. I have two or three just updates on some things I want to make public at this time. First of all, to update the Commission on road closings, not much of that has changed at this time, but, of course, now that the rain has stopped, we could have some of our flooded areas recede, and the forecast for the river is for it to actually continue to grow. So, depending upon what area it’s in will determine whether or not we open the streets. So, we’ve had a lot of calls with people wondering, Waterworks Road and South Weinbach, when they’re going to be open. We just monitor those on a daily basis, and we do have some other areas in the Old Henderson Road area that we’re monitoring as well. So, as soon as the water gets off the roadway and there’s safe passage, we’ll get those back open for the public. In addition to that, now that the weather has turned cold, I would remind and ask the Commission to confirm an agreement between Vanderburgh County and Warrick County, that we’ve just received the signed document back from Warrick County, which basically states, and I think Mr. Ziemer crafted this, that Vanderburgh County will be responsible for all of Lynch Road, and Warrick County will take Oak Grove to the Burkhardt Road from the Warrick County line. So, I would ask you to confirm that. Just a couple of other items, those that have looked for our vehicle locator system on our website, we’ve had some glitches in that. We have to have some hardware updates, and those will be taking place the week of January 22^nd through the 27^th. So, we’ll let you know next week if we can have that back on line. We’re trying to do so. We do have and have requested a couple of employment changes due to a retirement, a promotion, and then one hire. Those are things going on at the Highway department, and ask for your approval of those matters.

President Musgrave: If all goes well in the testing and deployment of the AVL improvements next week, perhaps you can come back and demonstrate the AVL system for the board.

Mike Duckworth: With Mr. Arvay’s assistance, I’m sure we can do that.

Commissioner Tornatta: Mike, I also want to thank you and your guys from the Commissioners. You guys set up the trailer, or got a trailer ready, worked with the city to get some sandbags just in case there was some flooding.

Mike Duckworth: Right.

Commissioner Tornatta: I think that’s the least the county can do to help out the city in some of their areas.

Mike Duckworth: When Commissioner Nix and yourself called me, the thing I want to remind the public is, so we have to have those agreements between, not only the city and county, but other surrounding counties as well. As I told Bill, at 2:30 that night, myself, Eric Williams and Bill Nix, there was Ed Ziemer right there with us during the tornado on site. They were there to help us, and we should reciprocate. So, we’re there–

Ted C. Ziemer, Jr.: I apologize that you had to put up with him.

Mike Duckworth: Well, it was the middle Ziemer. We’re not saying smart or slow, it’s the middle Ziemer, I guess. But, he was there for us, and the city has always been there to assist the county, and we want to be there for them as well.

Commissioner Nix: One of the things I’d asked Mr. Duckworth to look into is some type of a piece of equipment, and I don’t think it would be ver expensive to purchase, is some thing that would fill sandbags, versus the old fashioned shovel and that. If you could maybe look into that and get back with us in a couple of weeks.

Mike Duckworth: We’re looking at that. We did it relatively fast by utilizing a salt spreader. The old kind have kind of a trap door that you could funnel the sand through, and it worked very well. So, and then just good ol’ hard labor.

Commissioner Nix: Yeah.

Mike Duckworth: And I watched every bit of it, I tell you that. Thank you.

President Musgrave: I’m just glad that you weren’t here today to explain why you had to close Green River Road for flooding. We are, hopefully, by, John, is that by the end of this year going to be doing the.....no? Beginning of next year? Beginning of next year we’ll be raising Green River Road and widening it. So, between now and then it’s not allowed to flood. So, fill the sandbags. Alright, we move now, unless I’ve skipped any other department heads. I see no one. Ms. Spalding, are you here for...okay.

President Musgrave: We move now to new business. I have one announcement that I would like to make. We got the legal notice of public hearing from the Indiana Department of Transportation about I-69 on January 18^th from 5:00 to 9:00. The presentation itself will be at 6:30 in the Waldo J. Wood Memorial Jr-Sr High School at 943-945 South Franklin Street in Oakland City. This is to view and comment on the draft environmental impact statement for I-69 from Evansville to Indianapolis. So, I know that this is an important hearing. So, all of you who are interested, hope to see you on January 18^th between 5:00 and 9:00 p.m. in Oakland City. Is there any other new business? I will hand you this copy of that.

President Musgrave: Moving on to old business, we have listed the Hamilton Golf Course Task Force. I had hoped that Councilman Tom Shetler, Jr. would be here today in order to explain the purpose of this task force, but he had another engagement and could not come. Basically, while he was Commissioner he wanted to set up a task force to examine the potential or opportunities that may exist for the Hamilton Golf Course property. Many people remember that the Hamilton Golf Course is built upon what used to be the Vanderburgh County Poor Farm. In, I believe, it was the very early 1970's, this property was leased to the Hamilton’s under a very long term lease to operate a golf course. That lease has been extended at least one time, and is now set to expire in 2009. This task force will examine the county’s opportunities with regard to that property, whether to lease it, not lease it, sell it, do any number of things on that property. Of course, the Hamilton’s would be involved in that process. I’m looking to Councilman Shetler to lead that and come back and give us periodic reports. So, I just wanted to bring you up to speed on what task force was for. Is there any other old business?

President Musgrave: Is there any public comment? Any member of the public here today to address the Commissioners? I see no one.

President Musgrave: We have the consent items, which need to be amended, because we already passed one of the things. Are there any further amendments to the consent agenda? I see none. Is there a motion to adopt the consent agenda.

Madelyn Grayson: Withdraw the GIS payment?

Ted C. Ziemer, Jr.: Did you withdraw?

President Musgrave: Go forward.

Commissioner Tornatta: Okay. I would like to approve all the consent items, withdrawing the GIS payment request one and two for Keller Schroeder and Berbee.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Madelyn, you’ll talk to Dave Rector about these microphones again, right?

Madelyn Grayson: Yes, it may require a call from one of the Commissioners, because, as far as the number of microphones that are on, I’m told there is not a solution for that, but I will talk to him about the feedback.

Commissioner Nix: There’s four on right now.

Madelyn Grayson: You can’t get any more than four on.

President Musgrave: Okay.

Commissioner Nix: I make a motion that we adjourn.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. We will now commence with rezoning.

(The meeting was adjourned at 4:25 p.m.)

CONSENT ITEMS:

Employment Changes:

County Highway (3)                  Burdette Park (1)            Public Defender (2)

County Clerk (5)                       Auditor (2)                       Center Assessor (1)

VCCC (4)                                  Superior Court (2)           DADS (1)

County Council (1)                    Treasurer (1)                  Sheriff Office (6)

Surveyor (1)                              Pigeon Assessor (2)       Scott Assessor (1)

Travel Requests:

SWCD (1)                                 County Assessor (8)       Health Department (8)

Treasurer (2)                            Commissioners (2)         Center Assessor (2)

County Highway (2)                  County Engineer (1)       Pigeon Assessor (1)

Commissioners:

AMR Quarterly Report and Payment

Harrison High School Letter

Knight Township Fire Dept. CDBG Grant Fund Drawdowns No. 13 & 14

Letter to WTH requesting transfer of documents

Letter from Keep Evansville Beautiful regarding Alcoa grant application

Department Head meeting notes: January 2, 2007

Surplus Letters:

Center Assessor (1) laser jet printer.

Coroner: various items.

Prosecutor: computers and printers.

Auditor: various items.

Auditor:

A/P Vouchers: January 2007

Waiver of Fees not OT for Centre: PERF meeting

County Clerk:

November 2006 monthly report

Escrow payment for election equipment

Sheriff: Request to accept settlement agreement on vehicle accident.

County Engineer: Pay request No. 15: Burkhardt-Green River TIF: $126,600

Superior Court: Indiana Criminal Justice Institute Grant.

Department Head Reports:

County Engineer                       County Highway                       Veterans Service

Supt. Of Bldgs.                         Ozone Officer

Those in Attendance:

Cheryl Musgrave                      Bill Nix                                      Troy Tornatta

Bill Fluty                                    Ted C. Ziemer, Jr.          Marissa Nichoalds

Madelyn Grayson                     Stan Levco                               Emily David

William Rodenberg                   Aimee Boyle                             Reid Mobley

Trey Fullilove                            Yelena Koshchiy                       Eric Williams

Tim VanCleave                         Doug Knight                              Matt Arvay

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Cheryl A.W. Musgrave, President