VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

JANUARY 25, 2011

The Vanderburgh County Board of Commissioners met in session this 25^th day of January, 2011 at 5:02 p.m. in room 301 of the Civic Center Complex with President Lloyd Winnecke presiding.

President Winnecke: Good evening and welcome to the January 25^th Vanderburgh County Board of Commissioners meeting in room 301 of the Civic Center. We’ll begin with attendance roll call please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Here.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Here.

Madelyn Grayson: President Winnecke?

President Winnecke: Here.

President Winnecke: Would you please stand and join us in the Pledge of Allegiance?

(The Pledge of Allegiance was given.)

President Winnecke: Thank you, before we get to the agenda, we have a number of student visitors here. Why don’t we start on this end, please introduce yourself. Turn the microphone on and state your name, what grade in school you are and what school you represent.

Taylor Hinton: My name is Taylor Hinton. I’m a junior at Reitz Memorial High School.

McKenzie Thomas: I’m McKenzie Thomas, and I’m a junior at Signature School.

Rebecca Reidford: I’m Rebecca Reidford, and I am a senior at Reitz Memorial High School.

Christina Salgado: I’m Christina Salgado, and I’m a senior at Memorial High School.

President Winnecke: Ladies, thanks for joining us.

President Winnecke: We’ll get to our action items. First on the agenda is the appointment of a 2011 hearing officer for the purpose of conducting appeal hearings connected with the denial of assistance by any of the township trustees. I would recommend that Ted Ziemer, our County Attorney, be named as the hearing officer for the Commissioners for 2011, as he was in 2010.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion?

Commissioner Melcher: No, I’m just glad that we’re doing this now so we would have it for the whole year. I think that’s something that we talked about last year.

President Winnecke: Right. Any public comment? Hearing none, roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next, permission to advertise the 2010 statement of receipts and expenditures. This is the annual ad of the county’s receipts and expenditures.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. Questions or discussion? Roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next, St. Jude benefit, the 5K and 10K road race request. Katie Witsoe is here. Katie is the organizer. She’s been working with the Sheriff’s office and has submitted all of the required forms to our office. Would you like to come up please?

Katie Witsoe: Thank you for having me. My name is Katie Witsoe. We are seeking approval for a road race down at Burdette Park. It will be a five and 10K road race. All of the benefits of this event will go to St. Jude Children’s Research Hospital in Memphis. Our son was a patient there. Every year they do a walk in November, but we were unable to pull that together in Evansville, and we know of about 50 families here in the area and more outside the area that their children go to St. Jude, and we just think it will be a great event to bring to Evansville.

President Winnecke: Katie, would you just review with everyone the date and times?

Katie Witsoe: The date is April 30, 2011. The starting time will be about 8:00, and we expect it to go until about noon.

President Winnecke: Okay.

Commissioner Melcher: And, you’re working with the Sheriff’s Department?

Katie Witsoe: Yes, we, I’ve been in contact with Sargent Molden, who is in final contact with Sargent Lutz.

Commissioner Melcher: So, you know about overtime pay and anything that you have to pay on it?

Katie Witsoe: Well, he’s told us that they’ll need about eight people at the event, and I just asked him for the final costs of what that’s going to be, but we are working also with St. Jude and their national headquarters to pull this event together as well.

Commissioner Melcher: Because I’m okay with it as long as we cover the costs.

Katie Witsoe: Absolutely. Yeah, we will be covering those costs.

President Winnecke: Sheriff, did you have any concerns or questions?

Eric Williams: No, I believe, she addressed them very adequately. We’ve reviewed the course and we feel that we need probably eight people to cover those. Those are fairly busy roadways through there, in the bottoms, and we figured eight people for three hours each, so about 24 hours of overtime. If the Commission wants us to do it we would be glad to do it. We welcome these kinds of events.

President Winnecke: Great. Thank you.

Ted C. Ziemer, Jr.: Excuse me, though, are you planning then to be reimbursed for that by the–

Eric Williams: That’s been generally the protocol.

Ted C. Ziemer, Jr.: Then we need a little, we’ll need an agreement to that effect, just as we did in the–

Eric Williams: We’ve kind of got that standard agreement that we could put that language in, a not to exceed number.

Ted C. Ziemer, Jr.: Right, if you can get me that number, and if you can give me the name of your organization and your phone number I’ll get that agreement prepared. When is the race?

Katie Witsoe: April 30^th.

Ted C. Ziemer, Jr.: Oh, we’ve got plenty of time. Yeah, if you would get me that information, I’ll get the agreement prepared. Thank you.

Eric Williams: They’ve been very cooperative and very understanding of our situation.

Ted C. Ziemer, Jr.: Great.

President Winnecke: Any other questions of Katie? Okay, we’ll get you back on the agenda at a later meeting and get everything approved. Thanks for showing up tonight.

President Winnecke: Next on the agenda is County Treasurer, Rick Davis, to talk about the annual Board of Finance meeting. Rick?

Rick Davis: I have some forms I want to hand each of you, if you will give me just a moment.

Commissioner Melcher: Thank you, Rick.

President Winnecke: Thanks, Rick.

Rick Davis: I have a Power Point too I’ll be presenting in just a minute. I’m going to go ahead and load it. Okay, thank you. My name is Rick Davis, I’m your Vanderburgh County Treasurer. I’m here today for two reasons, one State law requires the Treasurer to meet with the Vanderburgh County Commissioners in the month of January and establish a Board of Finance. So, we’ll be taking care of that first. Historically the county uses this meeting to vote for a President and a Secretary. Historically the Treasurer is the President of the Board of Finance and the Auditor is the Secretary. If you would like to continue with that practice I would be happy to oblige. I’m told this is something you generally make in the order of a motion.

President Winnecke: I would entertain a motion to appoint the County Treasurer as the President and the County Auditor as the Secretary to the Board of Finance.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion? Roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

Rick Davis: Thank you. Another housekeeping item, this is my first meeting to come here this year, so, I wanted to welcome aboard our new County Auditor, Joe Gries, and County Commissioner, Marsha Abell. I look forward to working with both of you. I’ve given you some exhibits, exhibit A is obviously the Power Point presentation I’m about to go through; exhibit B is the percentage earned in Trust in Indiana; exhibit C is the percentage rate that we have received daily for this year, which is around a quarter of a percent, just slightly above that a few days; exhibit D is some bedroom reading for you, it’s a Bloomberg Report saying the FDIC bank fee change may drive near zero short term interest rates lower. So, they are already near zero and they are going to be even lower. So, that’s something for you to take a look at tonight. Exhibit E is a complete listing of all of our investments from CD’s, our agency securities with Smith Barney Morgan Stanley, and investments in Trust in Indiana. The Power Point that I’m going to go through is to kind of give everyone a summary of the amount of money we brought in and the percentage rate we received. The investment climate right now is pretty much the same as it has been since the fall of 2008, and that is not rosy to say the least. The financial crisis hit in 2008 and it really had a major effect on banks. Twenty five banks failed in 2008, 140 in 2009, and 157 in 2010. Only one bank has failed in Indiana, and none of the banks in Evansville have failed. We have a very conservative investment opportunity in Indiana’s governing units. The most we can go out on an investment is two years. So, most of the investments we have are very short term, especially when you look at some people invest 10, 15, 20, 30 years. The economy, when the banking crisis hit in 2008, it made Vanderburgh County change the way it invests your taxpayer dollars. In 2009, 2010 and even, I’m sure it’s going to have an effect on us this year as well. In addition to traditional certificates of deposit, known as CD’s, and repurchase agreements, which are basically extremely short term CD’s, and when I mean short term, I mean like two or three days. We began investing in a government pool, Trust in Indiana, managed by the State Treasurer’s office in 2009, and that helped us with liquidity. The money that we have and invest we have to pay bills with, we have to pay bonds with, we have to make payroll with. So, there’s a balancing act with keeping money fluid enough to pay our bills, but also maximizing our investment dollar, because as County Treasurer I feel every dollar we earn in interest is a dollar that the county doesn’t have to tax. In 2010 the Treasurer’s office sought and received approval from the Commissioners to create an investment policy. We put in order of importance the following; safety, especially in light of all of the number of banks that were failing; liquidity in order to make payroll; and yield. The reason why is a lot of Treasurers of other governing entities they chased a higher percentage rate yield, and a lot of people forget even when you’re dealing with CD’s, the higher the interest rate the greater risk there is of the investment failing. That’s why you get paid interest to begin with. In 2010 the Treasurer’s office sought and received permission to invest in agency securities with Morgan Stanley Smith Barney allowing the county to diversify our investments. We had hundreds of millions of dollars invested with our local banks only covered by about $250,000 in FDIC insurance. So, we had a lot of eggs in only three or four baskets. So, by investing with Morgan Stanley Smith Barney we’re able to invest at an amount roughly around $240,000 or less in CD’s around the country, with banks, I’m sorry, around the country so that our investment is entirely protected in the event that those banks failed. I also go to a website called bankrate.com and I look at the rating of the banks to ensure that none of the banks are a one or two star, well, two star is not bad. It only goes to four, but just to make sure that the banks we’re investing in around the country are sound and will not fail, but in the event that they do, we have got a level that will be 100 percent protected by FDIC Insurance. The results, I have listed them by CD’s and repos, we did no repos but I still put it on there with the CD, was just a shade under one percent return on our investment. We’re earning around a quarter of a million dollars. Agency securities, point seven at $16,000 we brought in. Now I want to clarify that, we started agency securities in April, whereas the CD’s, some of them are two year CD’s, so they were purchased when the CD rates were much higher, and the rates have just slipped downward over the last two years. So, that’s not apples to apples. The CD’s are a longer term, whereas the agency securities, those are all of the investments that matured just this year between April and, or, I’m sorry, April through December 31^st. Trust in Indiana was a point three and brought in $154,280. Legence Bank, we have a savings account that had a point six four at $2,000. The checking account I put on there, even though it’s zero, the reason why, under the previous agreement signed by the previous County Treasurer, she signed a two year extension that had a quarter of a percent minus the Fed rate. The Fed rate has been zero, or, I’m sorry, point two five or less, so, our checking account since I became Treasurer, January 1, 2009 has not earned one single penny. To add insult to injury, we had to have a five million dollar minimum balance in there. So, we had a five million minimum balance earning zero percent interest for two years. The County Commissioners in the month of December, I believe, possibly November, signed a new agreement with Old National Bank, it was bid out competitively and after consulting with County Attorney, Ted Ziemer, I really said that if we’re going to have five million dollars in an account it should be earning something. So, the County Commissioners agreed and that bank account will now earn one quarter of one percent for the next two years at the bare minimum. So, in 2010 we brought in just a shade under $400,000 in investments. It’s not great, but it’s far better than I would have expected considering how rotten the economy has been the last couple of years. I put a couple of previous years totals on here; in 2009 we brought in just a little over a million dollars; in 2008 it was three million. On December 31, 2010 we reported to the Indiana State Board of Accounts that we had sixty three million two hundred eleven dollars eight hundred fifty nine, I’m sorry, $63,211,859.79 invested. That was in Trust in Indiana, Legence Bank, agency securities and CD’s. To give you an idea, again, on the investment climate we have right now, ten year Treasury Bills fell below two point five percent in 2010. That means there are people out there investing for a full decade at two and a half percent. As I said earlier Indiana allows only two year investments maximum, and four of our matured CD’s earned a combined $136,000 plus, an average of one point seven nine percent. They were invested for 460 days. The average of those CD’s was two million dollars. In 2007, to put that in perspective, we had an eight day investment of three million dollars that yielded a four point three percent rate. In 2008 the average percentage rate was two point seven percent. The Fed rate remains at zero or up to a quarter of a percent, and coupled with economic indicators that’s kept our investment opportunities low in 2010. We’re hoping for a better 2011, but long range CD’s maturing in 2011 will not be as big as they were this year and last year. When I say long range I’m talking the two year maximum. We have three CD’s that are maturing in 2011 from local banks, they’re estimated to earn around $100,000. So, when those investments come through we’re guaranteed, just on those investments to bring in $100,000 for 2011. Those investments are an average of 608 days at one point one five percent, and are $1.67 million average. Our agency security investing is doing better than our local rates for CD’s, but still are less than one percent and are mostly at one and a half to two year maturation dates. I kind of tested the waters at the end of December to see where our CD rates were locally, and the last three CD’s we purchased, which were only for 44 days, came in at point oh five percent. Keep in mind, that eight day investment was earning far greater than that three years ago. So, a 44 day investment was only point oh five. That’s why I’m so grateful that the Commissioners allowed us to invest in agency securities last year. The Fed is keeping interest rates at an all time low as an effort to boost spending and borrowing. Banks are not making money off of loans these days. They are switching to fees. The economic situation, jobs, inflation, retail, Wall Street, trade with other countries, real estate must improve in order for our interest income to rebound. Obviously, it does not pay to be a saver or an investment in this type of climate. That’s all I have. Again, I wanted to mention to the folks at home, all of these investments that I have given the County Commissioners are available on our website, vanderburghtreasurer.org. Within the last year or two my Chief Deputy, Zachary Heronemus, put every investment going back to the year 2000 on our website. So, anybody who wants to look to see what kind of income the county has generated through their investment opportunities, you can do that. I would be happy to answer any questions.

President Winnecke: Any questions of the Treasurer? Rick, I just have one quick question.

Rick Davis: Yes?

President Winnecke: On the slide that’s slugged 2010 investment results, where it breaks down the interest earned for the year, on the CD/Repos is the point nine nine is that an average?

Rick Davis: That’s an average.

President Winnecke: For the 12 month period?

Rick Davis: Yeah, and that includes that point oh five from the last three, and it also includes CD’s that were purchased in 2008 when the rates were still much higher.

President Winnecke: Right.

Rick Davis: So, everything that matured in 2010, that was our average, point nine nine. Again, when you’re looking at ten year Treasuries at 2.47 percent, you know, a two year or less investment earning one and a half times less that is not too shabby, in my opinion. I wish we could do better. I’ve said this to the newspaper before, I wish I could wave a magic wand over our checking account and make the rates go higher, but I just can’t. There are so many variables and the economic situation that lead to these interest rates that I can’t change them. I just, it’s my job to keep investing this money as best I can. Again, every dollar we earn from investing is a dollar that the County Council or County Commissioners or even other governing entities do not have to tax.

President Winnecke: Thanks, Rick.

Rick Davis: You’re very welcome. Thank you for your time.

President Winnecke: Next, the Commissioners, we need to notice abutting property owners of the following properties that these properties will be offered for bid; 1301 Fountain, 26 East Blackford, 80 Bayard Park, 2023 South Fares,1223 South Governor. I would entertain a motion to such effect.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion? Roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Under contracts, agreements and leases Central Dispatch, I believe I saw someone from Central....Dona Bergman’s here, from the energy savings performance contract. Dona is here to discuss, and Joanne Smith, nice to see Joanne.

Dona Bergman: Thank you, Mr. President. My name is Dona Bergman with the City of Evansville’s Department of Sustainability Energy and Environmental Quality.

Joanne Smith: I’m Joanne Smith the Director of Central Dispatch.

Dona Bergman: Mr. President and County Commissioners, we, the City of Evansville received $1,206,000 from the U.S. Department of Energy as part of the stimulus package. The intent of those funds are to allow us to finance energy efficiency improvements. To that end we issued a request for qualifications for energy audits and energy performance contracts for the Central Dispatch building. Energy Systems Group was the respondent who was chosen. Energy Systems Group has since done a very thorough audit of the Central Dispatch building, has developed a list of recommended energy conservation measures totaling $143,041. That includes spray foam insulation in the attic, changing out all of the lighting to more efficient lighting, some, adding another HVAC unit, programmable thermostats and some other miscellaneous items. The energy efficiency and conservation block grant through the stimulus funds will pay for $20,000 of that, those improvements, because, basically, we’re trying to leverage those funds to stretch as far as we can and improve as many city properties as possible. The remaining $123,041 will be financed through the Bond Bank at a one percent interest rate. The energy savings from the project will pay for the payments to the Bond Bank. It should have an absolutely neutral or even slightly positive effect on the Central Dispatch budget. Because it’s an energy savings contract, Indiana Code requires that the governing body approve such a contract. The Central Dispatch Board has already approved it. The City Council has approved it, and because Central Dispatch is a joint city-county department, we are now asking for your approval.

President Winnecke: If I remember correctly from one of the e-mails that I read, the annual savings would be in the neighborhood of $14,000 or $15,000, is that correct?

Commissioner Abell: I don’t believe so.

Ted C. Ziemer, Jr.: No, I think it’s closer to about $9,000.

President Winnecke: I’m sorry, okay.

Ted C. Ziemer, Jr.: Yes.

Dona Bergman: We expect that the payments to the Bond Bank will be offset by the savings in operational savings, less repairs, cheaper maintenance contracts, and then actual energy savings.

President Winnecke: Okay.

Dona Bergman: Then, this, of course, is guaranteed by Energy Systems Group.

Ted C. Ziemer, Jr.: Yeah, so that if those savings aren’t achieved, we’ll receive the money for the difference.

Dona Bergman: If Energy Systems Group guaranteed we would save ten dollars and we only saved eight, they would write us a check for two. On the other hand if they guaranteed we would save ten and we actually saved 12, well, that’s gravy to us.

President Winnecke: And the City Council approved this last night, is that correct?

Dona Bergman: Their last meeting, I believe.

President Winnecke: The last meeting?

Joanne Smith: Two weeks ago.

President Winnecke: Two weeks ago?

Dona Bergman: Yeah, January 10^th.

President Winnecke: Any questions of Dona or Joanne?

Commissioner Abell: Joanne, how old is that structure?

Joanne Smith: Twenty years. It was completed in 1990.

President Winnecke: Other questions? I would entertain a motion to approve the contract for the energy savings.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: Motion and a second. Questions or discussion? Hearing none, roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Thank you, ladies.

Dona Bergman: Thank you so much.

President Winnecke: Next, the County Assessor has a request to update the KRONOS software, total cost of $488. I would consider a motion to approve.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. Questions or discussion? Hearing none, roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: We have an Old Courthouse lease agreement renewal with Robert W. Collier for one year from February 1, 2011 through January 31, 2012, for an annual rental of $2,472, payable at $206 per month. I would consider a motion to approve.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. Questions or discussion?

Commissioner Abell: Standard rate increase?

Ted C. Ziemer, Jr.: Yes, three percent.

President Winnecke: Roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next we have an addendum to the F.C. Tucker listing agreement with the Old Courthouse. Ted?

Ted C. Ziemer, Jr.: Actually it’s not an addendum. I know it reads that way on the agenda. We have a listing agreement with F.C. Tucker, which renews until it’s terminated by either party. It has not been terminated. The agent previously under this account was Lisa Daugherty, who was an agent with F. C. Tucker. She is no longer an agent with F. C. Tucker. The Commissioners have the option of either terminating the listing agreement and following Lisa Daugherty, or continuing the listing agreement and having a new agent named to work that account. It’s at the pleasure of the Commissioners.

President Winnecke: If we opted...oh, go ahead.

Ted C. Ziemer, Jr.: Excuse me, nothing to be signed, it would just be the naming of a new agent by F. C. Tucker.

President Winnecke: Okay, if we took no action the contract, the listing agreement continues with F. C. Tucker?

Ted C. Ziemer, Jr.: That’s correct.

President Winnecke: So, we don’t necessarily need action if that’s our desire.

Ted C. Ziemer, Jr.: Yes, the only issue then is who will be the agent so that Marissa will know I will know for, in terms of leasing those spaces in the Old Courthouse.

Commissioner Abell: Well, I know.

President Winnecke: Turn your microphone on.

Commissioner Abell: A little disclaimer, I work for F.C. Tucker. Kyle Bernhardt will be the...it’s B-e-r-n-h-a-r-d-t, will be the leasing agent.

Ted C. Ziemer, Jr.: Okay, Kyle, and spell that again for me.

Commissioner Abell: B-e-r-n-h-a-r-d-t.

Ted C. Ziemer, Jr.: Thank you. Marissa, you got that. Yeah, thank you very much.

President Winnecke: So, I would entertain a motion to renew the leasing agreement, the listing agreement with F. C. Tucker.

Commissioner Melcher: We don’t have to.

Ted C. Ziemer, Jr.: You don’t really need to do that. It will continue unless somebody wants to terminate it.

President Winnecke: Okay. I think that’s it.

Ted C. Ziemer, Jr.: Right.

President Winnecke: Okay. Next, Health Department has several items. Two, I will take the first two together, ESRI quote for purchase of five ArcView single use licenses. The license agreement with ESRI for five ArcView licenses at $1,350 each, for a total contract price of six hundred, I’m sorry, $6,750. With that, the cost of the maintenance agreement with that organization is $1,650, which the Health Department indicates has been appropriated. The term of the agreement is from January 14^th of this year through January 13, 2012. I would consider a motion to take both of those.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. Questions or discussion? Gary, anything that you would like to add?

Gary Heck: Thank you.

President Winnecke: Good.

Commissioner Abell: We like that answer.

President Winnecke: Roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next we have a WIC grant. This is amendment number one to the agreement EDS#A70-1-070306 for the WIC program. The amendment increases the amount of the original grant by $69,113 to a total of $599,004, with the additional funds to be used to cover increased costs for rent and the need for additional staff due to the increased case load. The term of the grant is from, it started October 1, 2010 and runs through September 30^th of this year, and it remains otherwise the same. I would consider a motion to approve.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: There’s a motion and a second. Questions or discussion?

Commissioner Abell: I have a question. When the grant money runs out on September the 11^th, how are you going to handle the additional staff?

Gary Heck: They are all time limited. So, they’re all what are considered a green slip.

Commissioner Abell: They go with the grant?

Gary Heck: They are all green slip employees.

Commissioner Abell: Okay.

President Winnecke: Other questions?

Gary Heck: I should add that we’ve had this grant for over 30 years, so it’s fairly stable.

Ted C. Ziemer, Jr.: So, you would expect an extension before that time?

Gary Heck: I would expect that it be renewed, yes.

Commissioner Abell: I just don’t want to put people on the payroll we can’t afford.

Gary Heck: We understand that. Thank you.

President Winnecke: Roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next we have a breastfeeding peer counselor contract with Emily French. Ms. French will provide counseling services for a fee of nine dollars per hour. The contract is identical to previous such contracts with other peer review counselors. I would entertain a motion to approve.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion? Roll call vote.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next, H1N1 extension on the grant contract. This H1N1 extension grant with the State Department of Health for $105,662 for the periods from October 1, 2010 through July 30^th of this year. The grant funds are for health preparedness and response with regard to H1N1. I’ll consider a motion to approve.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion? Gary, do you have anything to add to this, or clarification?

Gary Heck: This will allow us to actually fund eight different projects. One of them will include video conferencing equipment, which will allow us to receive training here without necessarily having to go other places, as long as it’s offered that way. The State Department of Health is beginning to offer a lot of their trainings that way. So, it should decrease travel time, it should allow us to do various webinars where we can participate, very similar to how distance learning classes are set up on various campuses around Vanderburgh County. Also, it will allow us to put in wireless access points within the Health Department, purchase a smart board for the same use with electronic conferencing equipment. We’re going to also be able to include 12 additional computers for the Health Department, which should finish our recent like refresh of the computer program for the Health Department–

President Winnecke: Right.

Gary Heck: –where we’ve been able to do it all under grant money. It also will allow us to carry on with the GIS contract that you all have approved previously, and also acquire P25 compliant, 800 megahurtz radios, ten radios that can be used for future public health emergencies, and they’re inter-operable with the system that are used. They came recommended by Sherman Greer, our Emergency Management. So, this is a very nice package for Vanderburgh County and the Health Department in particular, where we can pick up some infrastructure that will allow us to better respond to future pandemic exercises and events, if you will.

President Winnecke: Great. Any other questions or discussion? Roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

Gary Heck: Thank you.

President Winnecke: Thanks, Gary. John Stoll, County Engineer. The first thing on John’s agenda is the agreement for engineering services with Clark Dietz for the Baseline Road-U.S. 41 improvements. These, this is tied to the new North Middle School and High School. John?

John Stoll: Correct. That, the scope of work would be to extend the turn lanes for the northbound right turn lane on 41 and also improve the east leg of the intersection to accommodate the school traffic. The contract is for an amount not to exceed $75,410. Of that amount, $20,310 is for right-of-way engineering acquisition services. I just wanted to point that out, because that was based on the assumption that there would be three right-of-way parcels. So, in the event there are more than that, then we’ll have to come back with another supplemental agreement to address the correct number of parcels.

President Winnecke: Just for clarification, this is being funded from by proceeds from the Azteca TIF.

John Stoll: Correct.

President Winnecke: Questions of John on this project? I would consider a motion to approve the agreement with Clark Dietz.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion? Hearing none, roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: John, do you want to go down through your other items?

John Stoll: Sure. At the last meeting there was a question about the Mann Road culvert project. The completion date on that project is April 29, 2011. We still don’t have an exact start date because the concrete box culvert has not been made as of yet, but once we do know a start date we’ll notify the media like we always do, but I didn’t have that completion date when I was here at the last meeting. So, I wanted to pass that on. The next item I have is approval for a notice to bidders and advertising for the next phase of the Evergreen Acres project. This section of the project covers the reconstruction of the intersection of Holly Hill and Berry Drive. This project was committed to at last year’s road hearings. In conjunction with that project we will be totally removing and replacing the streets, adding new storm sewers, new curbs and a new culvert that crosses underneath the street. I just need your approval on the notice to bidders and then it can be advertised. We’ve submitted the paperwork to the Auditor’s office for the advertisement.

Commissioner Melcher: Is this the one that had all the utility problems?

John Stoll: Yes.

Commissioner Melcher: And all the water? Okay.

John Stoll: In the Power Point last year where the pictures were taken in the streets that were just totally destroyed, this was the section that was so bad.

Commissioner Melcher: Now, will this finish up that project?

John Stoll: Yes, there’s still a section that’s technically not Evergreen Acres, but Heather Court runs out over towards Old State Road, that, by plat, is not part of Evergreen Acres, but it’s immediately adjacent to Evergreen Acres, so we’ll probably continue to get requests for road repairs out there until that portion is done, but that was not anything that was discussed at last year’s road hearing.

Commissioner Melcher: So, we told them two or three years, we’re going to get it done in two.

John Stoll: Two, correct.

Commissioner Melcher: Thank you.

President Winnecke: Other questions of John on this? I would consider a motion to approve the notice to bidders.

Commissioner Melcher: So moved.

Commissioner Abell: A motion and a second. Questions or discussion? Hearing none, roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

John Stoll: Also, on that same project I need your signatures on the cover sheet for the plans. So, if you would sign off on that too, that will take care of everything.

President Winnecke: Do we have to do anything on the amended subdivision sign standards?

John Stoll: The previous version had the Commissioners signatures approving the specs as a whole, so, I do have an amended sign specification that has a signature page for you, and, like I’d said in the e-mail the amended sign specification is the result of a change in federal standards where street signs used to have all upper case letters, now the standards have been revised to require upper and lower case letters. That’s the only change that we made in those specs. We just post it on the website, so that way the developers can see the specs.

President Winnecke: The old, the existing signs are grandfathered, I assume, under previous standards?

John Stoll: Long term, no. They have to be replaced, and that’s one of the issues with that revision by the Feds is it’s a substantial expense to say the least.

President Winnecke: Is there a justification, although I’m afraid to ask, the government says we need upper and lower case versus all upper case?

John Stoll: I think I read about that sometime, but I don’t remember what study or excuse they used.

Commissioner Melcher: So, it’s another unfunded mandate?

John Stoll: Just like the sign reflectivity requirements–

Commissioner Melcher: I agree.

John Stoll: –the storm water requirements and everything else that trickles down to us.

Commissioner Melcher: Sometime it ought to trickle up, you know it.

President Winnecke: Touche. So, do we need to vote to approve?

John Stoll: You can just vote to approve it. It’s just a signature page.

Commissioner Melcher: Okay, so moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Other questions or discussions or snide remarks? Okay, roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

John Stoll: That’s all I have.

President Winnecke: Thanks, John.

John Stoll: Thanks.

President Winnecke: Next, County Attorney, Ted Ziemer, we have a remediation issue regarding a meth lab explosion.

Ted C. Ziemer, Jr.: Yes, I have e-mailed the Commissioners regarding this. So, I will be brief. A piece of property and a house that was owned by the Commissioners, having taken title because it wasn’t purchased in a tax sale. While it was owned by the Commissioners some trespassers occupied the property, and on December 11, 2010, due to their operation of a meth lab on the property, the building exploded, and we’re now required as the owner of the property under IDEM regulations and Indiana law to remediate the property. I’ve supplied the Commissioners with three examples, really the first one is not an example, it’s, Premium Environmental is a local company who said that they would do the testing to see what was required for $800 to $250. I wanted to have some idea for you of what it might cost to do the remediation, and while neither of these other companies have actually seen the property, so it’s purely an estimate on their part, you’ll see that it ranges between $3,836 for one estimate through $6,000-$7,000 for another estimate, but we’re asking for permission to seek official quotes of certified parties, and they must be certified by IDEM, to conduct remediation on these properties.

President Winnecke: I would entertain a motion to make that approval.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. Questions or discussion?

Commissioner Abell: I don’t suppose there’s any chance that insurance covers anything?

Ted C. Ziemer, Jr.: There really isn’t. No. Too bad.

President Winnecke: Roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next we have some outstanding board appointments to make.

Ted C. Ziemer, Jr.: Pardon me, I have one other–

President Winnecke: I apologize. Go ahead.

Ted C. Ziemer, Jr.: I’m sorry. It wasn’t on your agenda, so you didn’t know. This is another piece of representation which we would like to refer to Joseph H. Harrison to do. There’s a contract for you to consider executing in this regard. This is the case of Amy McCoy, a former employee of the Vanderburgh County former Assessor’s office against the county for, she’s filed a tort claim notice, and I suspect it’s for, she believes she was wrongfully terminated. This contract would allow Mr. Harrison to conduct that representation.

President Winnecke: Is that at the typical $150 an hour?

Ted C. Ziemer, Jr.: Yes, at the standard rate of $150 an hour, yes, sir.

President Winnecke: I would consider a motion to approve.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: Do we, do we need to schedule an executive session in regard to that or not?

Ted C. Ziemer, Jr.: We may, but that will, if that develops you’ll be advised of that.

President Winnecke: Okay. Roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

Ted C. Ziemer, Jr.: That’s all I have.

President Winnecke: Okay, thanks.

President Winnecke: Next we have board appointments. First, our appointment to the Alcoholic Beverage Commission, Pete Swaim; to the Convention and Visitors Bureau, John Montrastelle and Barbara McCarty, both of whom–

Commissioner Abell: They are both here.

President Winnecke: –both of whom are in the audience. Wave your, raise your hand and wave. If you would like to come up to the podium. Why don’t you come on up. Also, from the Economic Development Coalition, Mike Hinton; and for the Property Tax Board of Appeals, this is now a three member board to which the Commissioners have two appointments, Carrie Hatt-Figueroa and Kurt Kiefer. This would be a good opportunity to introduce two new members of a highly visible board, an important board for our community, the Convention and Visitors Bureau. First, we appreciate your agreeing to serve on this board. Anything you would like to say?

Barbara McCarty: It’s my pleasure to do so. Thank you for asking me.

John Montrastelle: I’m excited. I can’t wait to get going and meet the other six board members. I know Barbara from–

Barbara McCarty: We played baseball in the street together where we grew up.

John Montrastelle: She had a little doll house in the backyard. We used to harass her, because the neighborhood was full of boys.

Ted C. Ziemer, Jr.: You had a height edge on her for the baseball, right?

Barbara McCarty: I don’t know. I was pretty good.

President Winnecke: You might just give, for the folks in the audience and perhaps watching at home, just a brief background on your professional experience.

John Montrastelle: Okay, I’m a graduate of Memorial High School and the University of Evansville with a degree in Legal Administration. I’ve really had two real jobs in my professional career, and that’s with the Lipton Tea Company, where I was a sales representative, and then a Regional Sales Trainer, I went from tea to tents, now I’m working at Anchor Industries for the past 15 years where I’m Sales Manager of the government and international side of the business. Married for 25 years, three daughters.

President Winnecke: Good, thank you. Barbara?

Barbara McCarty: I’m born and raised in Evansville. Evansville is my hometown. I love Evansville and am excited about being on the board as well. I am the Director of Sales and Marketing at the Residence Inn by Marriott, been there for three and a half years. I love my position. I love being in the hospitality industry and the tourism industry. I hope that John and I and the rest of the board can promote new tourism into town, bring in new events, and just, you know, really create a great environment for everybody to use more and more of our leisure activities in Evansville. I’m active at Wesselman Park Nature Center. I’ve known Marsha for a long time through that, and I’m still active there. In fact, right now the new development of exhibits is staying at the Residence Inn, complimentary, because she’s here in town helping them to get their new nature center all in shape. So, I’m excited I was able to do that. Then, I’m a big tennis player, so, the Wesselman Park tennis courts are a big part of my life too. So, I just love it.

President Winnecke: Great.

Barbara McCarty: I’ve raised my children here and am still here. I’m anxious to serve.

President Winnecke: Well, again, thank you both for agreeing to serve. Marsha, do you have anything else?

Commissioner Abell: I’m really happy, hometown products, you should certainly be able to convince other people what a wonderful place Evansville is. You’ve got a clean slate to start with, a brand new board, everybody’s fresh and I’m really looking forward to working with you. I might point out that I was appointed to the Wesselman Park Nature Center Board with Barbara more years ago than either one of us probably want to admit, when Ms. Carol McClintock was the Parks Director in Evansville.

Barbara McCarty: Yes, she was.

Commissioner Abell: So, it’s been a long time ago. Thank you both for coming tonight. I’m sure that the press is happy to see you here. Thanks.

John Montrastelle: Thank you.

President Winnecke: Thank you.

Barbara McCarty: Thanks a lot.

President Winnecke: Steve, did you have anything to say?

Commissioner Melcher: Yeah, I’m really glad you came aboard, and I hope you have a lot of time and good luck. If you need any help from us, just call us.

John Montrastelle: Thank you very much.

Barbara McCarty: Appreciate the support.

Commissioner Melcher: Just keep an open mind and everything. Thank you.

Barbara McCarty: We’ll do that.

Commissioner Abell: And a closed pocket book.

President Winnecke: Thanks.

(A vote was taken on the recommended board appointments later in the meeting.)

President Winnecke: Next, I thought we would just briefly place for discussion, although the real public hearing, in my mind, will be February 8^th. At the request of this body, the County Attorney has provided us with the proper language to reinstate the restrictions that had been lifted on the previous smoking ordinance. In my mind, we have that before us, but, in my mind the first public hearing and the first consideration for a vote will take place at our February 8^th meeting. Assuming an affirmative vote, a second hearing and a second vote would take place at our February 22^nd meeting. I notice there are several people who are here tonight, and we don’t necessarily, I wasn’t intending to have a public hearing, but if you would like to get up and say something we would love to have you do that tonight. Or, if you would like to wait until the 8^th, that’s great too. But, just for the record, notice that there are several people in the audience apparently in support of that. Anybody?

Martha Caine: Thank you, Lloyd. I’m Martha Caine, I’m the Executive Director for Smokefree Communities of Vanderburgh County. I just want to thank you for bringing this issue back up. We know that it’s very important to our community and we will back on February 8^th and February 22^nd.

President Winnecke: Great. Thank you. Okay, we’ll move on. Thank you. Any old business?

President Winnecke: Any public comment on any issue? Pertinent to the Commissioners that is. Hearing none.

President Winnecke: I would consider an approval, and a motion to approve the consent items that are before us.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Madelyn, would you do a dramatic reading please?

Madelyn Grayson: Sure. The consent items for the January 25^th meeting are as follows; approval of the January 11, 2011 Commission meeting minutes; employment changes for the Commissioners approval, there is one for the County Engineer; Health Department J&S quotation; County Engineer pay request number 120 in the amount of $288,005.46; the County Treasurer December 2010 monthly report; the Commissioners have the Westside Improvement Association Neighborhood Association registration, a DOC grant letter, the Centre preventative maintenance memorandum of understanding; the County Clerk December 2010 monthly report; there are surplus requests from the Superior Court and County Assessor for various office furniture and equipment; Hillcrest Washington Youth Home fourth quarter fees; Evansville ARC December 2010 report of activities; Weights and Measures December 16^th through January 15^th monthly report; and Burdette Park has a yearly comparison of January through December from 2009 to 2010, and the summer daycamp sponsorship letter; and there are department head reports from the County Engineer and Burdette Park.

President Winnecke: Any questions on the consent agenda? Roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: At this time I would entertain a motion to adjourn.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: We stand adjourned.

(The meeting was adjourned at 5:56 p.m.)

(The meeting was reconvened at 5:58 p.m.)

President Winnecke: I would reconvene the January 25^th meeting of the Vanderburgh Board of Commissioners. Would there be any objections to that?

Commissioner Melcher: No.

Commissioner Abell: No.

(Approval to reconvene 3-0)

President Winnecke: Okay, Sherman, you’re on.

Sherman Greer: I’m very sorry about that. This appointment is very important to us as far as our grants and things that we get for Homeland Security. I’ve passed on the information there that, we meet in Jasper, but as a, we also have a conference call that you can call in on (Inaudible).

President Winnecke: And, who is the appointment?

Sherman Greer: It’s up to you, whoever you want to appoint.

President Winnecke: I mean, who is your recommendation, what’s your recommendation?

Sherman Greer: I don’t know. Steve?

President Winnecke: It’s a member of the Commission? Is that what you’re telling us?

Sherman Greer: Yes.

President Winnecke: Oh, okay.

Sherman Greer: Yes, it’s a member of your Commission, yes.

Commissioner Abell: Oh, I’ll do it. I’m the only one that doesn’t work.

President Winnecke: Your words, not mine.

Sherman Greer: That’s great.

Commissioner Melcher: I’ll make a motion that Marsha is our representative.

Commissioner Abell: When is it?

Sherman Greer: Tomorrow.

Commissioner Abell: Tomorrow?

Sherman Greer: Yeah.

Commissioner Melcher: Do you want to second that?

Sherman Greer: You’ve got a number there that you can call, it’s on a conference call. Just as long as you’re on the conference call–

Commissioner Abell: Okay.

Sherman Greer: –that would be sufficient.

Commissioner Melcher: I made a motion.

President Winnecke: I’ll make the second. Roll call vote please.

Madelyn Grayson: Oh, I’m sorry, that’s me. Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

Sherman Greer: Thank you.

Commissioner Melcher: Welcome to the County Commissioners.

President Winnecke: I would consider another motion to adjourn.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: We are adjourned.

(The meeting was adjourned at 5:58 p.m.)

(The meeting was reconvened at 6:08 p.m.)

President Winnecke: I would reconvene the January 25, 2011 Vanderburgh County Board of Commissioners meeting. Are there any objections?

Commissioner Melcher: No.

Commissioner Abell: No.

(Approval to reconvene 3-0)

President Winnecke: I would entertain a motion for the board appointments.

Commissioner Melcher: I move to approve the board appointments recommended earlier in tonight’s meeting.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion? Roll call vote.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

Commissioner Melcher: Motion to adjourn.

Commissioner Abell: Second.

President Winnecke: We are adjourned.

(The meeting was adjourned at 6:10 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the January 11, 2011 Commission Meeting Minutes.

West Side Improvement Association: 2011 Neighborhood Association Registration.

DOC Grant Letter.

Centre Preventative Maintenance Memorandum of Understanding.

Hillcrest Washington Youth Home: 4^th Quarter Fees.

Evansville ARC December 2010 Report of Activities.

Employment Changes:

Auditor (4)                                 Sheriff (4)                                  Circuit Court (2)

County Engineer (1)

Health Dept: J&S Quotation: Portable radios.

County Engineer: Pay Request No. 120: Green River-Burkhardt TIF.

Treasurer: December 2010 Monthly Report.

County Clerk: December 2010 Monthly Report.

Surplus Requests:

Superior Court: Various non-operational office equipment.

County Assessor: Various office furniture.

Weights & Measures: December 16, 2010-January 15, 2011 Monthly Report.

Burdette Park:

Yearly Comparison: January through December: 2009-2010.

2011 Summer Daycamp Sponsorship Letter.

Department Head Reports:              County Engineer             Burdette Park

Those in Attendance:

Lloyd Winnecke                        Marsha Abell                            Stephen Melcher

Joe Gries                                  Ted C. Ziemer, Jr.                    Marissa Nichoalds

Madelyn Grayson                     Taylor Hinton                            McKenzie Thomas

Rebecca Reidford                     Christina Salgado                     Katie Witsoe

Eric Williams                             Rick Davis                                Dona Bergman

Joanne Smith                           Gary Heck                                John Stoll

Martha Caine                            Sherman Greer                         Others Unidentified

Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Lloyd Winnecke, President

Marsha Abell, Vice President

Stephen Melcher, Member

(Recorded and transcribed by Madelyn Grayson.)