The Vanderburgh County Board of Commissioners met in session this 24^th day of July, 2007 at 3:30 p.m. in room 301 of the Civic Center Complex with Vice President Bill Nix presiding.

Commissioner Nix: Good afternoon. I would like to call to order the Vanderburgh County Board of Commissioners, June 24^th, or, excuse me, July 24, 2007 meeting at 3:30. I call the meeting to order, and we’ll start with introductions to my far right.

Commissioner Nix: Thank you. First of all, I would like to introduce newly appointed County Commissioner, Mike Whicker. He just joined us just a little while ago, and look forward to working with Commissioner Whicker for the next 18 months and maybe beyond, hey?

Commissioner Nix: I guess, it’s in order, since we have had a change of guard here, or actually a Commissioner has left this position that we have, we appoint some new officers?

Ted C. Ziemer, Jr.: Yes, we need to reorganize and elect a President and a Secretary. You would do that, of course, on a motion made by one person, seconded by another, and then approved.

Commissioner Nix: Okay, well, I guess, we’ll open up the floor for elections then.

Commissioner Tornatta: I’ll nominate fresh Mr. Mike Whicker for Vice President.

Ted C. Ziemer, Jr.: You can’t rise up faster than that in any other organization.

President Nix: Okay, first action item is the Building Authority Board of Trustees update. This is from Wilbert Robinson. I understand, yeah, Mr. Dave Rector is here today. Good afternoon, gentlemen.

Wilbert Robinson: Good afternoon, Commissioners. Congratulations to the new Commissioner, Mr. Mike Whicker. My name is Wilbert Robinson. I’m the president of the Board of Trustees for the Evansville Building Authority. I would just like to make a few comments. Ms. Musgrave, she asked me to come before the board. The Evansville Building Authority was formed in 1966, under Chapter Four of the Acts of the Indiana General Assembly, and is defined by Indiana Code 36-9-13. The Board of Trustees is comprised of five individuals appointed by the County Commissioners, the County Council, the City Council and the Mayor. The term of each trustee is four years. The purpose of the Board of Trustees is to meet each year, in January, to elect officers for the Board of Trustees, and to appoint the Director of the EVCBA, and perform any other duties defined in IC36-9-13. The Evansville-Vanderburgh County Building Authority is under the control of the Board of Directors that hires the General Manager for the Building Authority. Some of the highlights of recent years that we have done here in the last two years, in 2005 we reduced the budget for the first time in history. This was followed by another reduction in 2006, and a further reduction in 2007. The 2008 budget has a moderate increase of one percent for the Civic Center. The Civic Center has undergone several major and minor renovations under the Director of the Evansville Building Authority. One of them is the renovation of Circuit Court and Adult Probation, the renovation of Juvenile and Probate Court along with the Superior courtroom, and the addition of two new courtrooms and magistrate offices, the renovation of the old Vanderburgh County Sheriff area for use by the Evansville Police Department, the renovation of the Small Claims court administration area, installing a new microphone system, overhead projector and computer for use in the City-County Council chambers, installation of a video arraignment system in Misdemeanor Court. We have also added additional parking capacity around the Civic Center. We also own the Centre, which is across the street, and with the operation and cooperation of the Commissioners have completed several improvements of that facility in recent years. One is to build out dressing rooms, the addition of a new on demand hot water system that resulted in improved hot water supply while lowering the gas and water costs, the carpeting over there in the exhibition hall. Currently we are working with city and county officials to develop plans to use the old jail space in the Civic Center for the betterment of both city and county government. The Civic Center alarm system has been upgraded and a new LCD message system has been installed to better advise both the public and employees of relevant meetings and events going on inside and outside of the Civic Center. Now, on a personal note, I want you to know that my term ends at the end of the year. I’ve enjoyed working for the County Commissioners as a trustee, and I would like to be re-appointed again. So, I’m getting my bid in. If there’s any questions that you would like to have answered, feel free, but I’m in a little hurry because I’ve got to catch a 5:45 flight to Atlanta.

President Nix: Appreciate everything you guys do for us here. Thank you, Wilbert.

Gibson County Commissioner Sherrell Marginet: Paddlefest

President Nix: Next up we’ve got Gibson County Commissioner, Sherrell Marginet, and he would like to speak on behalf of the Paddlefest which is coming up in, what is the date? August 18, 2007.

Sherrell Marginet: Fellow Commissioners, I savor the fact that I’m able to come here today, and thank you for letting me be on the agenda. Today is a selling day, and we’re selling Southwestern Indiana. Southwestern Indiana has created, three years ago, as Mr. Nix you well know, you were part of it, the first Paddlefest. This comes down the Wabash River, from Grayville, Illinois to New Harmony, Indiana. There’s not a more scenic river, we need to sell it. The only thing that would top it would be the Ohio, and, of course, the Wabash goes into the Ohio. We have some things here we would like to bring up, first of all, some things have been added to this Paddlefest, and one of them is a war canoe race. The honor of Southwestern Indiana, and the honor of Southeastern Illinois is at stake. The great prize is a paddle itself. They will go down the Wabash River for that. By virtue of that, there will be seven people on each side of that war canoe, Indiana’s will be coached, you know you have to have a coach if you’re going to do this correctly, and our coach this year will be a fella by the name of Ralph Weinzapfel, who has a little bit of experience at Memorial High School. So, if you want to get on this team, what you need to do is call Ralph, and his number is 985-2073. Or, you can call the office at New Harmony and volunteer to be a part of it, and that’s 682-4438. Now, we have a lot of things going on, that morning there will be a pancake and sausage breakfast at Grayville, on the banks of the Wabash, but up on the hill at the park. It’s very scenic up there. It starts a very historic river. It’s part of our heritage. We’re trying to push tourism in Southwestern Indiana, and according to the last figures, we’re doing that. Last year, thankfully, the Wabash Paddlefest was up from about 200 to 300, and we’re hoping for more this year. If you’re a red blooded American woman or man who wants to be a part of this and you want to represent Southwestern Indiana, then you need to contact these people that I’ve told you about, make sure you’re part of it. Of course, the honor of our area goes with that. So, please try to turn out and be part of it. Now, we have brochures. My wife has them over here. I have a couple with me. If it’s alright with you people, I will leave some here, and if somebody would like to pick them up that will be fine. Now, the reason I’m here is because I was asked to be here earlier. I feel very proud about it. This is the third year. Let’s hope it goes on for 300, and we have a place that’s safe and a good place to take care of Southwestern Indiana and show it off. New Harmony is a very historic town. It’s like Evansville, I want to pass a compliment on here, I don’t know how much you people are involved with the Vanderburgh County Fair, however, I have a granddaughter that came down in the open class in cake baking. Now, only grandfathers go to watch granddaughters cake baking outfits, but she did end up, in the open class, with the grand championship, and, of course, that’s where we’re headed after this. So, we’re very much in tune to the things that go on in Vanderburgh County also, and we would like to say thank you. Now, the big thing is, I’m sure you have some questions about that. If you do, Mr. Nix, I remember you going to Burdette Park , you and Suzanne Crouch and practicing for this. You did a really good job. I think you still have blisters on your hands, but that’s alright, don’t tell anyone. But, if you would like to make some comments, or you have some things that you would like for me to answer, any questions, I would be very happy to do this. Also, remember if you’re in Southeastern Illinois, you call the Mayor’s office at Grayville to be a part of that team. Whoever wins it, I’m sure the paddle will be very symbolic.

Commissioner Tornatta: We appreciate all the information, but we would rather have had your granddaughters baked goods.

Sherrell Marginet: Well, I’m sure that somewhere grandfather will tie into that. Don’t tell anybody.

President Nix: Commissioner, if a person didn’t want to participate in the activities, but just wanted to see, they’re welcome to come over to Grayville and watch this kick off, or go to New Harmony at noon or so and watch the boats come in?

Sherrell Marginet: If you have an appetite at all, you want to be there for the sausage and pancakes. There will be brats and whatever down on the riverbank before the race takes off, it’s at 10:00 in the morning. It’s something that I think you’ll see....I told somebody the last time that there hadn’t been that many canoes on the Wabash River since the Shawnee went on an uprising. So, we’re hoping that this thing goes very well, and we’re very excited about it. We want to show off Southwestern Indiana the best way we can. I might add that there is in the plans, if we continue to be successful at this area in Grayville and New Harmony that the Wabash River is a very long river, 475 miles to be exact, to Fort Recovery, and there are 23 festivals, if I counted correctly, up and down that river. So, what will happen later on we will set other weekends aside for races that are similar, and then you will accumulate points and the finals will be run from Grayville to New Harmony. So, we want to bring it back to Southwestern Indiana, if we can. Any other questions?

Commissioner Whicker: I’m a little worried about Ralph Weinzapfel. I coached against him at Reitz for years and he knows every trick in the book. I want to know if this is going to be a fair race?

Sherrell Marginet: I cannot answer for the morals that he will use in coaching this team. However, knowing Ralph I’m sure that he’s very excited about it.

Sherrell Marginet: We say we’re having people out, the big thing you want to watch is, even if you don’t want to participate in the canoe or the Paddlefest or the float, remember that on the banks of the Wabash at New Harmony, after the race, the Red Geranium will have a place to eat, and they will set it up in the shade on the banks of the Wabash, and there’s not a better scenic view to have. You can sit right there and enjoy it, and, hopefully we can have people out. We’ve got a lot of nice things in Southwestern Indiana, and it’s time we get out and sell them to people. This is one way we’re going to try to do it. We’re very excited about it. I’m not going to be able to take part in it much longer, but while I’m here I’m going to try to do what I can. Hopefully this thing is successful. Any other questions?

Second/Final Reading of Ordinance CO.04-07-005:

An Ordinance to Establish Provisions for Animal Control (As Amended)

President Nix: Next on our agenda is the second and final reading for the animal control ordinance. I would like for Sheriff Eric Williams to step forward and maybe make a few comments.

Eric Williams: I would be happy to answer questions. I don’t know what the protocol would be other than that I think we’ve presented a good, final draft ordinance for your consideration for animal control. It comes with a lot of work and communication with a lot of members of our community and different aspects. I can tell you so far as being Sheriff for a little over six months, I’ve gotten more calls, e-mails, and things on this particular issue than any other that I’ve gotten, including the jail. So, it’s obviously a hot button with many members of our community. We’ve held several meetings and discussions, those included, and I need to thank several people. Number one some people from my staff, Major Molden and Sargent Klaser, they both played an integral role in getting this done. Representatives from the city Transportation Department, Animal Control, the Health Department, the Vanderburgh County Humane Society, several members of the community, and then the County Attorney’s office who helped greatly in making sure that we word smithed it properly and that it made sense. I would be happy to answer questions, but, I think you’ll find this ordinance meets all the demands, or most of the demands that were placed on us. I think it’s a good ordinance for both the community, for both those who are responsible pet owners, and for those that are also victims of people that aren’t responsible pet owners. It’s going to give the Sheriff’s office and the county some jurisdiction and teeth to be able to deal with those people who do not care for their animals the way they deserve to be treated. So, with that I would answer questions, and encourage you to pass this.

President Nix: Sheriff, I would just like to thank you and the group for the work, the time you put in this. I know we’ve been back and forth quite a bit about a lot of different issues, and I think this is a good ordinance, and I think it’s something we need to push through. At this time I would like to ask is there anyone from the audience that wishes to remonstrate this ordinance? If not, do the Commissioners have any questions?

Commissioner Whicker: I have had time to review this one, and I don’t have any questions.

First Reading of Ordinance CO.07-07-009:

Amending Ch. 1.14 of the Code of Ordinances of Vanderburgh County:

Enforcement of Ordinances

President Nix: The next action item is a first reading on an amendment to chapter 1.14. This basically addresses, and, once again, this is first reading, this addresses a, I guess, a standardized form. Sheriff, do you want to touch base on this?

Eric Williams: Well, you know, anytime you start the legislative process, one touches the other, and this brought about much discussion about the actual enforcement of this ordinance and several others that exist on the books, and doing that in a uniform fashion throughout the county and most all of the offices and departments that have enforcement authority over specific county ordinances. It also allowed for us to look at the ways of doing a specific way of collecting fines and fees and getting that all centralized. It also addresses the ability of the need to have a centralized, uniform citation/warning mechanism in place so that is all stored properly, and everybody is doing it consistently. So, that on those cases where we have an instance where we’re forced to warrant or cite somebody within our community, that there’s a system in place that’s understandable and that everybody will know how it’s going to work, and so that the County Attorney’s office can follow up on those systematically, so that we don’t have things slipping through the cracks. Ted has gone through and looked at a lot of that language. We’ve looked at it all, several of us have, I’ve agreed to be the repository for most of the data, and also to be the place that will get the tickets and citations to issue to the other offices and departments, primarily us, the Health Department, the Building Commission, Weights and Measures and some of those places. So, I think this is really just to clean up some things that have needed to be cleaned up for some time, and this animal ordinance kind of drove that train.

President Nix: And, I vote yes. The second reading is scheduled for? Do we have a date on that?

Approval of Purchase of 30 Acres of Land Adjacent to Burdette Park

President Nix: The next action item is approval of purchase of 30 acres of land adjacent to Burdette Park. I don’t know if the County Attorney, Mr. Ziemer, would like to speak to this issue.

Ted C. Ziemer, Jr.: Yes, thank you, Mr. President. At the last Commissioners meeting, the Commissioners authorized Steve Craig, the Manager of Burdette Park, and by that I think our office as County Attorney to pursue the purchase of 30 acres of real estate off of Ridgeway Avenue and adjoining Burdette Park. We had an appraisal done of that real estate, it was to be sold at public auction, and we had a very short period of time in which to develop our procedures for purchasing it. We did have an appraisal done to determine the maximum purchase price that we should be prepared to bid at the public auction. I attended the auction on behalf of the Commissioners, and my authority for the 30 acres alone would have been based on the appraisal to bid up to $150,000. As it developed, we were able to bid the property in for $120,000, so, a savings there below the appraised price. On behalf of the Commissioners, and as the attorney for the Commissioners, I executed a real estate purchase agreement, which I’m going to pass down to Madelyn for the record. I’m keeping a copy of that for closing purposes. I would ask that the Commissioners authorize me, as County Attorney, to proceed to close the purchase of this real estate, to ratify my execution of the purchase agreement, and then to authorize me to conclude the closing.

Commissioner Tornatta: Just real quick, I would just like to say, in any of these processes you have to have somebody that’s out there watching it and making sure that when these parcels open up that you get a chance. So, Steve Craig, I would like to commend you on kind of birddogging the project, and getting out there in front of it, and letting us know about it so we could get that handled in a way that taxpayers can save some dollars, and we can get Ted out there doing a little work for us out in the field. Anyway, thanks to Steve Craig.

Resolution CO.R-06-07-006:

Regarding Transfer or Exchange of Property with Governmental Entity

(Old Jail to EVSC)

President Nix: Next action item is a resolution for property transfer to EVSC from the county. This basically amounts to a washer and a dryer that will be taken out of the old jail space and transferred to Evansville-Vanderburgh School Corporation. I’ll entertain a motion.

Sheriff: Public Safety Partnership & Community Policing Grant

Sheriff: Agreement with Integrated Consultants

Health Department: Title V-MCH Block Grant Amendment

County Highway: Southeastern Lease/Purchase Agreement (Deferred)

Old Courthouse Lease Agreement: EVPL

President Nix: The next action item is contracts, agreements and leases. Number one is the Sheriff, the public safety partnership and community policing grant. Mr. Ziemer?

Ted C. Ziemer, Jr.: This will be an application actually for a grant from the Federal Public Safety Partnership and Community Policing Grants. It’s for a grant of $71,172.75, for which there would be a local match of $23,724.25. Sheriff Williams has completed the preparation of the application, and the funds would be used to develop and implement an electronic citation and warning system for use in Vanderburgh County. I’m told by the Sheriff that we’ll be way ahead of other counties in the state if we implement this. Maybe, Eric, you would like to comment on that.

Eric Williams: This is one of those grants that we kind of watch for. We tend to avoid people based grants, and we look for equipment grants. One of the areas that we’ve looked for avenues to streamline our efficiency is in the citation process and getting data from the street and the officers cars and deputies cars into our system and then into the Clerk’s system and into the courts system and spread out. Obviously, each one of those transfers require key strokes, and it’s always an opportunity to make errors. What this system, if we’re allowed to get this and we get it, will implement our ability to start barcode reading the drivers licenses straight in the police car, which will then electronically produce a citation, transfer that data electronically. So, we’ll be getting the actual information that’s barcoded on the license straight from the BMV and that will promulgate through the system. So, it’s the initial step, but I think we’re one of the few counties that’s aggressively going after this project like this, because we are fortunately in a position that we’ve got the backbone and the infrastructure in our system to accommodate it. So, we’re very hopeful that we’ll be able to get this. We think it will be a good step in efficiency for several entities in city-county government.

President Nix: Thank you. The second item is the agreement with Integrated Consultants. Mr. Ziemer, do you want to comment on that?

Ted C. Ziemer, Jr.: Yes. This will, I received the agreement prepared by the consultant and I revised it to insert various provisions to make it more satisfactory from the county’s point of view. They did not have any insurance requirements in the document, and I added our standard insurance requirements. As revised, it would be, from a legal perspective, satisfactory for approval. The question, some question has been raised as to the cost of the agreement, which is $10,000 per month for the first year of the agreement, $10,300 per month for the second year of the agreement, and $10,609 per month for the third year of the agreement. The agreement would begin January 1, 2007. I was asked a question by Commissioner Tornatta, which I believe is aimed at if we began this agreement and later found that we had the expertise available locally, or otherwise as part of county government, to provide the needed services, would we be able to terminate the agreement. The answer to that is, no. The agreement is for three years, and could only be terminated for cause in the form that it’s now drafted. If that answers the question you asked me.

Commissioner Whicker: I have not had time to review this. I would feel a little bit uncomfortable about voting for it right now. So, I will abstain if it comes to that point.

Commissioner Tornatta: Sheriff? What is the, I think we agree that this contract is much needed for you to run the office, and there’s no question that I’m in agreement that this is a person that is very integral to your office. However, is there an opportunity to look at getting some of this language put into a contract that would, and can that language be put into this contract that would give us a termination, a 90 day termination, let’s say if we found that we had, went a different direction?

Eric Williams: I cannot speak for the consultant myself, I would have to take that back to them. My feeling is that if we had mutually agreeable language in there of a 90 day out clause for just because we decided we could do it differently, as long as that side had the same mutually agreeable 90 days, I think they would be acceptable to that. I will tell you that we’ve continued to work without this contract since January 1, and it’s a critical piece or component of the office, obviously. You know, all of our offices in county and city government have become IT driven, and we’re dependent on those systems. Us more so than many, because he also, this contract details and covers the specifics of the security controls and electronic equipment that run the jail. So, it’s pretty vital to me that we have somebody doing this. I would be happy to sit down and meet with you, Commissioner Whicker, and bring you up to speed on this contract and how we got to where we’re at. I think we’ve spoke several times, and I think my understanding, and I don’t mean to put words in anybody’s mouth, is that we’re agreeable that this needs to happen, there just may be some fine tuning of the language in there.

Commissioner Whicker: Well, I’m sure there is. I just haven’t had time to look at it. I was just wondering, I had a question about our IT people cannot do this, I’m assuming?

Eric Williams: Truly there is not an IT people in city-county government at this point in time. It is all contractually contracted out. There are a few people scattered throughout some offices that serve as super users or liaisons, but the rest of city-county government is contracted with a group, another group that provides those services. This group happens to more in line meet and fit the needs of the Sheriff’s offices and the specialty of what we do. I think you’ll find that the cost of the contract is much in line with what the market will bear and what we’re paying other contracts and similar vendors. We’ve worked on this for quite some time, and I just, I would like to see it move to fruition or get some definitive answer that we’re going to have to do something else. I think we owe it to my vendor because he’s been here for several years providing tireless service and working well beyond the scope of his contract, just because it’s been the right thing to do. He needs to know some direction also.

President Nix: To add to that, if you look through the contract, there are quite a few items in that contract that the IT people here don’t necessarily do, down to working on radio systems, 400 megahertz and 800 megahertz radio systems, the security system out there which is unique in itself. So, there are some things that are unique to that building that aren’t to the rest of our ITAC or the rest of our people.

Eric Williams: It is somewhat unfair to roll this into an IT agreement that is purely computer based, because this vendor provides a lot more services than just the computer infrastructure. More so than some of the others. That’s why it’s a little more specialized or a different animal than some of the other contracts we have. Again, you know, I really would like to see this go. It’s funded for the rest of this year through our own funds. It’s in my budget request for next year, and much like any budget request, you know, it’s unknown until the budget’s passed, but that’s the reality of how we do business here.

Commissioner Whicker: I understand, and, you know, that was my question. If our people that we have on staff can’t handle it, then that was one of my questions.

Eric Williams: And, again, Commissioner, I know this was all just dropped on your lap in the last hour, and I don’t envy your position, and would be happy to set some time aside in the next few days, if you would like to sit down, if you are going to have the time–

Eric Williams: –and I can go through that with you, and I would be happy to do that.

President Nix: It sounds like if we can get that done and get some type of something built into the contract where by mutual agreement the termination of either party within 90 or 120 days or something like that, we could maybe move forward and have this at the next meeting and get it resolved.

Eric Williams: Yeah, and I’m comfortable with that. I think everybody’s understanding. I just, I really, as an office holder, and responsible for the operation there, I need to give people that are working under my jurisdiction some direction.

Ted C. Ziemer, Jr.: Excuse me, question. I think we could, or at least I would suggest to the Commissioners that they might approve this today subject to my satisfaction, with language that we would insert allowing either party to terminate this agreement, without cause, on 90 days notice to the other party. That’s pretty simple. Then, you would have to talk to your vendor, and if that’s satisfactory, I would put that in the agreement, and then the agreement could be signed by the Commissioners, outside the meeting, having been approved at this meeting, if that’s important to get it done before August the 14^th. On the other hand, if August the 14^th is fine, we can do the things to get this ready by that meeting.

Eric Williams: I personally am very comfortable with that, and, you know, that will push this off center and get it moving one direction or the other. If he’s not agreeable to it, then if that’s one of the terms and conditions the county sets forth, then I know my next course of action I’m going to have to do something else.

Commissioner Tornatta: I’ll make the motion that, with the provision that there is a 90 day clause put in for a termination clause, for whatever reason by your vendor by the county, and upon the County Council’s approval that we accept the contract.

President Nix: Can I also add that Commission Whicker could have a chance to review this and make sure he’s comfortable with everything that’s in there then.

Ted C. Ziemer, Jr.: Just so I can be clear, as County Attorney, I would understand then that the effect of this motion is you are approving the contract, subject to my satisfaction with that clause being inserted in the contract, and at that time, which might be Friday of this week maybe, we could have it available in the office and you all could go ahead and sign it and not wait for August the 14^th?

President Nix: Next item is from the Health Department, Title V, MCH block grant amendment. Mr. Ziemer, I don’t know if you wanted to address that.

Ted C. Ziemer, Jr.: Yeah, I can’t recommend this. I’m kidding, Gary Heck. Yeah, this is simply amendment number one to the grant that’s already in place. The original grant was for $142,067. This will extend the grant period for another year, from October 1, 2007 to October 1, 2008. It will increase the grant amount by another $142,067, to a total of $284,134. It’s satisfactory for execution from a legal perspective.

President Nix: Thank you. The next action item is from County Highway, Southeastern agreement lease/purchase for a boom truck. Mr. Duckworth, good afternoon, sir.

Mike Duckworth: There we go. Today I’m bringing to you a request to look at, and I’ve had Ted Ziemer, and I’ve e-mailed information to Mr. Fluty and County Council members, this is in regards to a purchase to lease of a crane truck. Just to give you a little background under this, we currently have three pieces of equipment at the County Highway Department that are gradalls that are used primarily for digging, but in addition, from time to time, we are called upon, in emergency situations and storms where large trees or large culvert pipes need to be moved, and it really stresses these pieces of equipment. I have been looking for a piece of equipment like this for some time, and last Thursday I was notified by a local vendor that said that he had had one. I went to work on trying to come up with some type of an agreement and a way that we could purchase this in the middle of a budget that I did not plan to purchase a piece of equipment like this. A new piece of equipment to this realm would cost in excess of $200,000. This is a 2005 piece of equipment that is in very good shape and handled by a local vendor, and we can attain this for approximately $90,000. I have put together information that I’ve shared with many of you, and I’m going to approach and give this to Madelyn, and I think some of you have this information at this time.

Commissioner Tornatta: I’ll just make a quick comment that not often do you get certain opportunities like we have. I know that this is a piece of equipment that will help us to set pipe and to pull trees out of compromising positions, and we’ve talked about that. Looking at some of the prices that we’ve had, most of them over $150,000 from Chicago and from other places in Indiana, this does give us an opportunity to buy a piece of equipment from Evansville, and then to get a pretty drastically discounted rate on a 2005 vehicle–

Mike Duckworth: Right, and to tell you, and I don’t want you to think that this has been an easy situation. I know that there are guidelines that we must follow, and Mr. Fluty’s staff has informed me of some of these things, so, I’m really trying to work through this and do it, first and foremost, legally, and, secondly, that’s conducive to my budget and being out front with this with the County Council, as well as the Commissioners and the Auditor’s office and the Purchasing Department, and all the other realms that we have to deal with. But, I will tell you, my first situation of trying to get this done would be to enter into the same type of situation that we did just previously with our paver and another large purchase with a mower, and that was to lease to purchase this situation, this piece of equipment. I contacted Mr. Ziemer and we had the company put together a lease agreement. Mr. Ziemer has been on the phone and worked on this this afternoon, and to be extremely honest with you, we’ve not come to a conclusion on whether or not that can be purchased that way. In talking to the President of the County Council, Marsha Abell, if Mr. Ziemer gets the contract worked out, and Mr. Fluty is agreeable that it can be paid that way, that’s one way we could go, and that would be to pay $45,000 out of this year’s budget, out of the rent/lease account, and then earmark that much, $45,000, again in the ‘08 budget. If that is not feasible, then I’ve asked President Abell to ask, and asked Sandie Deig to put me on the agenda tomorrow for a late transfer request to transfer and to move that money from the lease road account over to the road equipment account and purchase it outright. I’m normally not this pushy about equipment, but when this, when we have an opportunity like this, this is going to come along once in many moons, and if we don’t get it, it’s going to be sold the next day. I guess, my request is for the Commissioners to give the County Highway Department, myself, Mr. Ziemer the ability to try to work the lease out, and if that doesn’t work out, to move it forward to the Council for the late transfer.

President Nix: Questions from the Commission? Can we hold just a second to get the tape changed?

Commissioner Tornatta: I would just make a motion for Mr. Duckworth to purchase the 2005 Freightliner from Southeastern out of Evansville, with the caveat that you have to get County Council approval on the money. I make that in the form of a motion.

Ted C. Ziemer, Jr.: I have to ask a question. So, that means the lease/purchase agreement we’re not going to use?

Mike Duckworth: Well, my preference, for my budget would be to do it that way. Whether we can do that according to–

Ted C. Ziemer, Jr.: Because the motion was...well, don’t do it yet. I mean, the motion would be to approve the lease/purchase agreement.

Commissioner Tornatta: Well, I don’t think that that’s going to be possible talking to Auditor Fluty, and it’ looks like–

Ted C. Ziemer, Jr.: It’s not even possible talking to the company that prepared the document, because I’m not satisfied with it.

Ted C. Ziemer, Jr.: They told me that, I got the document just a half an hour before this meeting. They told me that they could make the adjustments that I needed in the document and have it here by half an hour from then. Of course, a half an hour has gone by and they haven’t done that. I understand that you have separate problems in the Auditor’s office relative to the agreement. So, your motion is fine–

Commissioner Tornatta: And, I think what’s going to have to happen is you’re going to have to go to the Council tomorrow and inform them of the late transfer, knowing that it happens in August–

Commissioner Tornatta: –then that gets approved, then you’re so many days out, then it gets–

Mike Duckworth: Sure, and I’m agreeable. I’m fine with doing that. I just want the Commissioners to know that in due diligence, my attempt to do it this way was based on previous events that had allowed me to do it in this way. I wasn’t trying to circumvent the law or the rules or anything else, and after Mr. Fluty told me that that was a problem, of course I brought that up to Mr. Ziemer and Marsha Abell to see if there was another way that we could do it. I want that to be clear that I’m not trying to ram this through, but it is an opportunity that we’re going to have to act on if we’re going to purchase this equipment.

Bill Fluty: I think, just the difference between the lease/rental for the paver and what you’re doing now is, the Council was on board with the lease/rental, and actually gave you permission to lease it for the last three months of the year and that they would actually fund it through another mechanism for 2007. In this case, you have money in lease/rental and equipment, which isn’t for purchasing, it is for leasing. The problem with that is to let those seven Councilmembers know that you’re actually buying a piece of equipment, and let them come on board to buy that piece of equipment. If we would spend all that money in lease/rental, and we come to November or December and we have to go out and contract for snow plows and things like that nature, I want them to know what decision they’ve made and where the money is.

Ted C. Ziemer, Jr.: The other thing that I wanted to point out, and we do have to have this on the record of the meeting, we’re doing this without bidding. It falls in excess of the limit that would allow us to do that. However, based on a document which was submitted to me and to the Commissioners by the Superintendent of County Highways, it is my opinion that we can do this purchase as a special purchase, thereby obviating the necessity for bidding in that it represents (1) under 5-22-10-5 “substantial savings to government that would not be available otherwise”, and (2) it’s a special item of equipment which only has one source at this point in time. So, I want that made a part of the record, and then, Madelyn will want to show as part of the minutes this statement that we have from Mike Duckworth to support that.

“Dear Commissioners, For the past several months I have searched numerous companies by telephone and e-mail requesting information on availability of a crane truck. Specifications for this equipment included a 2004 model or newer and a minimum 17 ton capacity with a good overall condition and competitive cost, preferably under $100,000. Currently the Vanderburgh County Highway Department has three gradalls which lift and move culvert pipe and can do some lifting of sections of large trees that are hazardous to motorists near roadways or a general safety issue for citizens. On Thursday of last week we were notified by Jeremy Eckert of Southeastern Equipment, Inc. of Evansville that he had located a piece of equipment that would enable our department to increase the amount of lifting, the size of trees and culvert pipe that we could handle. As in the past when storms move through this area and damage is done it causes our department to need several pieces of equipment to manage the workload, clear roadways and/or clear debris. This piece of equipment would meet those needs. After reviewing information sent from several companies it was determined that two companies (Runnion from Chicago, Illinois, and Nesco from Blufton, Indiana) submitted pictures and quotes but the equipment was not comparable to the Southeastern Equipment bid based on specifications such as lifting capacity, overall condition, age and cost. After County Highway Foreman Scot Wischer, County Highway Foreman Dave Hudson (oversees mechanical operations at the Highway Department) and Bridge Crew Foreman Mark Taylor were able to review the information it is our recommendation that we enter into a lease/purchase agreement with Southeastern Equipment, Inc. of Evansville. Below stated are descriptions of the vehicles, capacity, and prices as quotes.

After reviewing these quotes it is my recommendation to the Commissioners to grant permission to enter into a lease/purchase agreement with Southeastern Equipment, Inc. of Evansville under the provision provided by the State of Indiana “Special Purchase” conditions under purchasing guidelines which were provided to me by Mr. Ted Ziemer Vanderburgh County Attorney. Finally, this agreement would enable the Vanderburgh County Highway Department to purchase this equipment on a lease/purchase agreement which would include $45,000 this year from budget line item 2160-3630 and $45,000 out of the 2008 budget. I have discussed this purchase with Marsha Abell, but after speaking with Teri Lukeman with the Auditor’s office and Sandie Deig with the County Council I have made a request to attend the County Council meeting on Wednesday, July 25, 2007. I am requesting that the Commissioners approved the lease/purchase pending the County Council approval. Respectfully Submitted, Michael J. Duckworth, Superintendent, Vanderburgh County Highway Department.”

Mike Duckworth: I did do price checks, and all of those were out of town companies, because there are not local companies that I’ve found to have a used piece of equipment in this shape with this kind of a lifting capacity. Those other quotes that I got from the other companies were either equipment of much more age and use, or they were almost 40 percent higher in price. So, this is truly a good deal if we can get it taken care of.

Commissioner Tornatta: Mike, I guess, as part of the purchase, that’s however you can buy it. If you buy it, if you’re able to do it on a lease to purchase, then that’s fine as well. I’m sure the Council will have a lot more to say about that.

Mike Duckworth: I also appreciate Mr. Ziemer telling me the fact that, putting it on the record that because it’s over the $75,000 threshold right now, that we could go ahead and do this. Down the road I know that the State of Indiana has changed that amount, and I would ask that this Commission consider going with the state law that raised that amount from $75,000 to $150,000 to actually have to go out on bid.

President Nix: Okay, are we clear on everything now? Okay, thank you, Mr. Duckworth. Do you have anything else to report?

President Nix: Okay, thank you. The next action item is lease agreement between the Old Courthouse and the Public Library. I didn’t know, Ms. Nichoalds, if you wanted to address that? Or, Mr. Ziemer first?

Ted C. Ziemer, Jr.: Well, she sent it to me, I’ll just tell you what she told me. This is a lease between the county and the Evansville-Vanderburgh Public Library of space B-10, which is in the basement for $211 a month, or whatever that is times twelve per year. They will use it to store file cabinets in which they keep newspaper archives. The lease is for one year. There’s no security deposit, and I think that covers it.

President Nix: The next item, are there any department head, anyone from any of the departments to report. Mr. Seib?

Patrick Seib: Good afternoon. Welcome, Commissioner Whicker. Patrick Seib, Assistant County Engineer. The first item I have is a request to approve right-of-way purchase offers on four of our on going projects. The first project is Green River Road; parcel one we have Schnepper for $31,400; parcel seven is Vowels for $1,850; parcel nine is Keystone Homeowners Association, Incorporated for $13,650; parcel 19, Wagner, $300; parcel 24, J.J. Brodi, LLC, $112,500; parcel 29, Logan, $2,500; and parcel 31, Barfield and Kirby, $29,800. On Cross Pointe Boulevard we have parcel number 3, S. Properties, LLC for $35,600. On University Parkway we have parcel three, Mildred Mueller, $74,200; parcel eight, Rueger, $16,350. On the Oak Hill and Bergdolt we have parcel five, Ault, $850; parcel number nine, Young, $1,000; and parcel 11, Cox for $13,000.

Patrick Seib: My next item is to request approval of the notice to bidders for project number VC07-07-01, St. George Bridge Rehabilitation. I spoke with the design consultant earlier this morning, he said he did not have the DNR permits, but he did have verbal approval from them. He suggested that we wait a week before we advertise. So, the motion would be to advertise on August 3^rd, August 10^th and bid openings would be on August 21^st.

Patrick Seib: The next item is to request approval of two unit price options for a future change order for mail box relocations on the Bohannon Estates Barrett Law road project that was not included by the design consultant in the original plans. One option is to reinstall the existing mailboxes at $270 each. The other option is to use new posts for the permanent installation once the construction work is done, and that is at $310 a piece. Both options include all necessary labor and materials for temporary relocations during the course of the project. This would be something that once construction gets underway we can go out to the homeowners and ask them, “Are you wanting to keep your existing mailboxes? Yes or no?”, and get a final tally and come back and the end of the project and do a final change order on it. So, this would just be approval on using those two prices in that change order in the future.

Ted C. Ziemer, Jr.: Question, these won’t take us though over the estimated cost of the project that we approved when we established the bond issue?

Patrick Seib: No, I ran the highest numbers and we’re still underneath the total amount.

Patrick Seib: Next is to request approval of change order number one on project VC07-01-01, the Bohannon Estates Barrett Law project. This is for 35 feet of sanitary sewer line to be installed under one of the roads that was not originally a part of the original project. The price is for $2,275. This wasn’t included as part of the original project, but is being done in advance of another Barrett Law sanitary sewer project out there. This is to avoid having to open cut the brand new road that we build, and it’s also to avoid having to bore underneath the roadway. So, we’ll have a future net savings of approximately $6,000.

Patrick Seib: Another request for change order number two on the same project. This is for an additional four square yards or rip rap to be placed at the outlets of the culverts. There again, not included by the design consultant in the original plans. The total cost of this change order is $740.

Patrick Seib: My last item is to request approval of a late blue claim for partial payment to be made to BMB, Incorporated. This is for the Aabel Park Barrett Law sanitary sewer project. The amount is for $100,000. I spoke with Ted and Bill Fluty earlier this morning, and they assured me that everything was in order to be able to do this.

Dave Rector: Good afternoon, Commissioners, and as everyone else, Commissioner Whicker, welcome.

Dave Rector: A request from EPD to the Building Authority to use the third floor of the old jail rec yard ,interior rec yard for what they call defensive tactics and simunitions. This is a required training by law, they tell me. The training would be conducted on all three shifts. It’s, well, I’m just going to say what the Sheriff calls it, a “butt whipping” school, is basically what it is. Simunitions is building clearing and searching techniques. Building Authority does not have a problem with it, but since the Commissioners pay the rent on that space, I thought we would run it by you. I don’t know that we necessarily have to bring it to the meeting, but in playing it safe, I thought it would probably be wise to. Of course, the EPD is aware that we have plans on what’s going to happen up to the old jail and this may be temporary, but for whatever period of time they would like to use it, because right now they’re using the Y, and when they’re in academy downstairs, they’ve got to pack up, go over to the Y, then come back and it loses time. They feel like it would be a lot easier if they could just do it right here within in the building.