VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

JUNE 6, 2006

The Vanderburgh County Board of Commissioners met in session this 6^th day of June, 2006 at 3:30 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: I would like to call to order the June 6, 2006 meeting of the Board of Commissioners of Vanderburgh County. We’ll start with introductions to my right.

Marissa Nichoalds: Marissa Nichoalds, Superintendent of County Buildings.

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

Commissioner Nix: Bill Nix, County Commissioner.

President Musgrave: Cheryl Musgrave, County Commissioner.

Commissioner Shetler: Tom Shetler, County Commissioner.

Bill Fluty: Bill Fluty, Vanderburgh County Auditor.

Madelyn Grayson: And, Madelyn Grayson, Recording Secretary.

Bill Fluty: Oh, I did it again.

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

(The Pledge of Allegiance was given.)

President Musgrave: Do I hear a motion to approve the May 23^rd Commission meeting minutes, and the special meeting minutes.

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We have here today Mr. Jim Holderread to give us the quarterly update for Vision-e. Welcome, Jim.

Jim Holderread: Thank you. It’s a pleasure to be with you today, and to thank you for the financial support that you generously give Vision-e, the Evansville Regional Economic Corporation. We have been very busy this spring. My report covers the last quarter. We have done lots of marketing, in terms of advertising. We’ve placed ads in publications like Midwest Real Estate News, Heartland Real Estate Business, and Expansion Management. We were notified, by the way, that Expansion Management magazine, which is a publication that goes to corporate real estate executives, has selected the Evansville metro area as a five star quality of life region, metro area, and that will come out in the next issue, which is the May/June issue. So, we were happy to receive that information. We have had several visits from companies during the last quarter. We have been very busy with ethanol plants. We have visited with two companies that have come to the area with rather large facilities, both are looking at sites in Posey County, and both are very serious about making it happen. So, we expect to see something in the way of big ethanol plants happen in Posey County. They’re both looking for sites close to the river, so they can use river transportation for the facilities. One of the interesting things that they might do in the Evansville-Vanderburgh county area is put lots more grain trucks on the highways. So, that might be one of the down sides. We’ve been working with a food research facility, and that’s looking at, the company is looking at a site in the north part of the county. We think that looks very good. We’ve also been working with a location consultant who is representing a plastics company that’s looking at the area. That also looks very promising. We’ve been working with a couple local projects. Both of those are coming along. We have a number of projects that are pending. A meat processing plant is one of those that is in the study stage. We also have a corporate back office that’s in the study stage, and another food related project. We have a couple facilities that are in the done but not announced stage. One is an Ag research facility. Another is a drug testing facility, and those projects are essentially done. We’ve been busy with information calls. We’ve answered many. Also, we have completed the ACCRA cost of living survey for the first quarter of 2006. The ACCRA survey had been done by the Chamber of Commerce and we took that responsibility over the first of the year, and now we have, our first survey has been published for the first quarter of 2006. The composite index for the survey is 94.3. The median for the survey is 100, so, we’re pretty proud of that number, and it makes the area look very good, very competitive. We’ve been tracking projects that we have worked over the past year. We are proud to see the steel going up on the Shoe Carnival distribution center across from the Vanderburgh Industrial Park. In the Vanderburgh Industrial Park we have noted that Tenneco is, Tenneco Automotive is moved in, they’ve set the machinery, and there are workers cars outside, and it looks like a real plant now. We’re proud of that. So, with that, we have continued our efforts to attract and retain business in the area, and I would be happy to answer any of your questions.

President Musgrave: Any questions? I don’t think we have any questions. Thank you very much for your report. I certainly would like to see a copy of Expansion magazine when it comes out.

Jim Holderread: Will do.

President Musgrave: Alright. Thank you very much.

Jim Holderread: Thank you.

President Musgrave: If it’s alright with the County Engineer, I would like to go ahead and make the vote to open the quotes, so that those can be getting started while we’re waiting here. So, we have, it looks like three sets of quotes here. Is there a motion to open them as listed on the agenda?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: We’ll now move on to the Economic Development Coalition Resolution. Ed Hafer is here on behalf of the coalition to introduce the resolution.

Ed Hafer: We were discussing who was going to speak, but apparently you already knew. Good afternoon, I’m Ed Hafer, a member of the Task Force that has been studying how we might better organize our efforts to attract new jobs and new capital investment to our region. With me today are Scott Moye, a Commissioner from Posey County. Posey County passed this resolution some time last month, and Sally Rideout Lambert from Warrick County who is, along with Mayor Jonathan Weinzapfel, the Co-Chairman of the organization that’s being formed. Also, Commissioner Musgrave and Commissioner Shetler, along with former Commissioner Suzanne Crouch have been involved in this effort, and we certainly thank you for all that help. The effort, as I said, is centered around the need to create a regional economic development organization, composed of representatives from Vanderburgh, Posey, Warrick and Gibson counties. The reasons are really three fold; one is the need to create new jobs, two is the need to stimulate tax revenues and localized spending, and third is to effectively compete with our competition throughout this region, as well as the Midwest and beyond. The benefits of the coalition are numerous. We would be a single voice to promote the entire region, the entire four county area, along with economic development, other initiatives that affect transportation, infrastructure, taxes, and the like. It would be a far broader base for fund raising. Vanderburgh County contributes significantly to, along with the City of Evansville, to economic development efforts. If they could spread that cost out over a four county area, it’s going to be to everyone’s advantage. We’ll provide a stronger and faster response to inquiries. Jim Holderread knows well the importance of a timely and quality response when people come looking. How would it differ from the efforts that are currently underway? As I’ve said, it will combine multiple entities, most of you have probably seen this goofy, as I call it, chart that had like 28 or 29 different organizations participating in economic development throughout this region. It looks kind of funny and everything, but it is a real depiction of what’s been going on. It will give us a broader base for fund raising, which I think is good. I’m sorry, the State of Indiana, the other how will it differ, those as well as, the State of Indiana is going to be a partner in this. While I can’t tell you, because I don’t know, the depth and breadth of their involvement, they have committed to provide technical and financial support to the new organization. It will also provide for active participation by the business community of the four county area, as well as the governmental leadership of the four county area. The new organization will be a public-private partnership, a not-for-profit corporation. It will have a board of directors comprised of representatives from all four counties. A board of directors of approximately 50 to 55 people, as well as an executive committee and other committees. It will have a staff of six or seven specialized professionals, and all in all we expect it to be a world class organization. We’ve begun the search for an executive director. That field is narrowing. We are close to having face-to-face interviews with the first, or with a group in Evansville, within the next two weeks. That will narrow down, we certainly expect to have that decision made here in the next month or so. There will be an announcement, I’m probably giving away some of it today, but there will be an announcement on June the 26^th to sort of roll out the organization, give the community the details on it. Today we’re asking for a couple of things; one, your support of a resolution that has already passed in Gibson and Posey counties, the only other two counties it’s been presented to so far, and your consideration of two appointments that you will have. One, a member of the Commission, and secondly an appointment by the Commission to the new board of directors. With that, I or Sally or Scott would be happy to answer any questions you may have.

Commissioner Nix: I had just one, Mr. Hafer. I’m just curious, you had mentioned these 28 other groups, has there been any talk about maybe, I don’t want to use the word consolidation, that’s a bad word nowadays, but any talk about putting some of these groups within this group here at all?

Ed Hafer: Oh, absolutely. It will, I mean, some of these groups aren’t going to go away. Like the universities and whatever, but it will certainly take on certain roles that they have. There are other organizations, such as Vision-e, that will mold into this. In fact, Vision-e, over the next six or seven months will, the new organization, at least on a temporary basis, will be taking over the space currently occupied by Vision-e and certain other business equipment and things like that. The current employees of Vision-e will be molded into this group. Efforts relative to work force initiatives, you know, will be a part of this. Grant writing and things that the recently organized QE2, I believe, consideration is being given to that moving in under this umbrella. So, yes. Not that those 20 other organizations will become one, but the functions that those 20 organizations, many of those organizations are, the activities that they are currently involved in will mold into the new organization. I gave you a pass out also of the fact sheet on this. It has more detail than I’ve gone into today. Yes, Mr. Shetler?

Commissioner Shetler: It sounds to me as if, instead of really just eliminating various different groups, that really what we’re doing is setting up a new TO so that it’s clear who’s at the top and that the direction that they’re getting from the top going down, so that you can utilize, better utilize the universities and specialized groups to do specific tasks.

Ed Hafer: Absolutely. I mean, you can look at those 28 organizations and say, “This is great that we’ve got 28 different organizations that we can call upon for help.”, and it will always still be that way.

President Musgrave: I understand that counties all over the country are forming up into multi-county regions, and there are several here in Indiana. In fact, I think I saw an announcement of another one in southern Indiana just last week.

Ed Hafer: The, I believe the announcement that you saw was southeast Indiana, the Jeffersonville-New Albany area, which has been, you know, organizing sort of just a couple of steps in front of us. The announcement was actually that, you know, they’ve already rolled out their organization, but the announcement was that they have hired their executive director. So, yes, I mean, areas around Indianapolis, the South Bend-Mishawaka area, Allen County, I think there’s a five county organization up there around Ft. Wayne.

President Musgrave: Commissioner Nix, do you have the resolution?

Commissioner Nix: This is a resolution supporting regional economic development:

“Whereas, the Vanderburgh Commissioners (the “Commissioners”) are committed to enhancing economic development activities in a four (4) county region defined as Gibson, Posey, Vanderburgh and Warrick Counties in the State of Indiana (the “Region”); and Whereas, the County Commissioners recognize that the Region offers tremendous opportunities for investment from businesses which are located both within and outside the Region; and Whereas, in June of 2005, the Southwestern Indiana Economic Development Task Force (the “Task Force”) was established with a mission to further advance the economy of the Region in collaboration across public, private and non-profit sectors; and Whereas, the Task Force has reported that while the Region is a diverse marketplace overflowing with potential, efforts to capture new investment and to rapidly respond to business issues are hindered because there is a lack of coordination between economic development initiatives within the Region, and Whereas, economic development must be elevated from a purely local to the regional stage with a focus on business attraction, retention and expansion; and Whereas, in order to attract new business investment and to retain and expand existing business investment, the Region should immediately act to establish equitable and shared economic development principles and convert these principles into action; and Whereas, the Task Force has recommended that a umbrella organization be formed, to be known as the Economic Development Coalition of Southwestern Indiana, Inc. (the “Coalition”), to serve the economic development needs of the Region with to build on past accomplishments and harness the Region’s energies and collective resources in a more coordinated manner; and Whereas, the Coalition is a non-profit corporation which will be overseen by a Board of Directors comprised of elected officials from each county in the Region, prominent business leaders, educators, workforce development and transportation providers and others positioned to support the needs of existing and prospective investors in the Region; and Whereas, the Coalition will be staffed by persons versed in regional economic development initiatives whose mission will be not only to further investment in the Region in its entirety but also to support the economic development efforts of each of the counties comprising the Region; and Whereas, the Coalition will act to develop and implement new strategies to modernize the Region’s economic development structure and better align the Region’s public, private and not-for-profit sectors; and Whereas, the Coalition will act to properly coordinate and eliminate costly duplication of certain activities such as data gathering, marketing material development and target industry intelligence, which will allow economic developers to devote a greater percentage of their time and money to productive service delivery and economic enhancement and provide a mechanism for lead sharing and project tracking with the Region; and Whereas, the formation of the Coalition will enhance the Region’s business climate and enhance the ability of public-private leadership to speak as one resounding voice to state, federal and local governments, philanthropic institutions and others. NOW, THEREFORE, BE IT RESOLVED, that for the reasons set forth above, the Commissioners support and encourage the formation and mission of the Economic Development Coalition of Southwest Indiana, Inc.”

President Musgrave: Is that a motion?

Commissioner Nix: Yes, it is.

President Musgrave: Is there a second?

Commissioner Shetler: I was going to ask you to repeat the motion?

Commissioner Nix: You don’t want to.

Commissioner Shetler: I’ll second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries. Thank you for bringing us the resolution. I understand you have one more county to go to, and tomorrow you’ll be at County Council.

Ed Hafer: Just giving them a report.

President Musgrave: To give them a report. That “to do” list that you set for the four county region is impressive, but I have every expectation that the coalition will work very hard to ensure that we continue to grow and compete, not only locally, but state-wide and nationally. So, we’re here to help, and we’ll appoint the members when it looks like it’s about ready to go. Please let us know.

Ed Hafer: And we thank you for your support.

Commissioner Nix: Thank you.

President Musgrave: Thank you.

President Musgrave: Commission to End Homelessness. Is Luzada Hayes here today to give us an update on the commission?

Luzada Hayes: Good afternoon. I’m Luzada Hayes, and I’m the executive director of Aroura, but I’m also the resource coordinator for Destination Home. With the support of the Commissioners back in December of ‘04, they established an ordinance that created the Commission on Homelessness. That’s a joint venture between the county and the city. The commission has been active. Destination Home implementation began in January of ‘05, and the commission began meeting in June of ‘05. They have met fairly regularly monthly since that time. Commissioner Shetler is the representative from this body on that group, and the leadership of that body rotates yearly. So, Mayor Weinzapfel has been the Chair of the group thus far, and on Thursday, Commissioner Shetler will take over Chairmanship of that committee. Destination Home, and I’m not sure, Commissioner Musgrave and Commissioner Nix, if you have the actual ten year plan, but I can most certainly provide that for you, if you haven’t seen the full document, is basically a comprehensive effort. We began planning how to end homelessness in our community back in July of 2002. It took 29 months and over 200 community volunteers to actually put Destination Home together. We are the second community in Indiana to actually develop such a plan. So, like I said, since January of ‘05, we have been busy trying to implement. In your packet you have the progress, thus far, since January of ‘05. Basically, the first year strategies were focused on promotion and getting the word out, community awareness about Destination Home, what it’s purpose is, and the many strategies that are available for other groups, organizations. It will definitely take the whole community to end homelessness. So, the first year was basically focused on getting the word out. In March of this year, we actually were able to hire an educational specialist, and her sole role is promotion of Destination Home and the educational strategies that it contains. Another big piece of the plan is to increase coordination of existing services. The plan called for several strategies along those lines. We are in the process of developing a Homeless Youth Council that will look at the very specific issues that homeless youth have, and how, what strategies need to be developed to address their needs. We have a local management information system that 19 local agencies are using. That will give us data to be able to measure success, and determine the benchmarks as we progress through the plan. Increase training for existing providers was another one of the strategies, and we have Bridges out of Poverty training that should be, it has been funded for the first year, and will begin in the fall, as well as a training and certification committee that is developing a curriculum for the individuals that work in our existing homeless shelters to improve their education levels, how to deal with the individuals that are coming into shelters, as well as create a local certification program that will help them as they go forth and maybe get other jobs. We’re really looking at how to increase the employability of some of the people that are currently working in the homeless system. Then, developing resources is another huge effort. A back to work program was established in 2005. They were able to renovate 25 donated bicycles. I’m sorry, 42 bicycles, and give them to homeless veterans, to help them be able to get back and forth to work. There’s also, prevention is a huge piece of the plan. We’re currently working on a rating scale that will identify individuals that are at risk of losing their housing, and will level that risk. With that level there will associated interventions that need to take place in order to keep housing in tact for that family. Housing is a huge piece of what it will take to end homelessness. Supported housing is a local model that has generated much success across the country. So, ECHO Housing has committed to the development of 100 units of supported housing, single room occupancy over the next three years. I’ve also listed our strategies for ‘06. These are the things that we’re working on. The prevention piece, the commission has actually established a community discharge policy committee that will establishing a discharge plan for any individuals released from public institutions that currently they are using homeless shelters often as their discharge plan. The federal government, HUD, says that that should not be. That individuals leaving institutions should not be discharged to homeless shelters. So, the community, that committee is working to develop a community plan for that. We’re moving forward, and the last page of your report is actually a result of other cities that are showing measurable and quantifiable results in actually reducing the numbers of homeless in their communities. So, right now, we’re one of about 200 across the country that are in the process of implementing their plans to actually end homelessness. I would be glad to answer any questions, and thank you for your support for this effort.

President Musgrave: Well, thank you very much for coming. I don’t have any questions. Are there any?

Commissioner Nix: I was just curious, how do you measure? I mean, I’m sure it’s pretty hard to do from time to time. Is there, is this something you look at once a year? Or is it something that you continually look at?

Luzada Hayes: We traditionally have done a point in time surveys at least twice a year, and the Department of Metropolitan Development is instrumental in getting those surveys completed. So, we know what our average, on average we have 400 individuals on any given night in emergency shelters or transitional housing programs. So, we will be able to monitor that as new resources are developed and the prevention programs are put into place to actually, we’ll be able to watch that number decrease. A lot of the reports are street counts. They can measure how many were homeless, living on the streets, and, hopefully, that number goes down as well.

President Musgrave: Thank you very much for coming, Luzada.

Luzada Hayes: Thanks.

President Musgrave: The County Engineer, permission to award quotes for Green River Road, Phase Three, and Cross Pointe Boulevard.

John Stoll: Today I just have the one contract for the Green River Road, Phase Three project. It’s with Bernardin Lochmueller, and Associates, and it’s for the amount of $243,000. I had the County Attorney review the agreement, he found it acceptable from a legal perspective. Basically, it defines the scope of work between Heckel Road and Millersburg Road, widening and elevating the road, including the construction of the new bridge. If any of the specific tasks outlined in the agreement aren’t used, then we just wouldn’t be billed for those services. So, it’s an amount not to exceed $243,000.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: I understand that the engineering work will proceed this summer, and perhaps this will go out to bid next year sometime.

John Stoll: Probably the middle of next year, somewhere in that neighborhood.

President Musgrave: And at that point then the public will begin to see activity perhaps in the road after that?

John Stoll: Correct.

President Musgrave: So, there is a long lead time. Did you want to say something? We have a motion and a second, all those in favor?

All Commissioners: Aye.

Commissioner Shetler: I’m sorry, excuse me, I was going to mention that this does coordinate though with everything that’s going on at Millersburg, Green River Road and then as well as Phase Two and Phase Three.

John Stoll: Correct. There is an item in the Phase Three agreement that you have before you that is set up to have Bernardin Lochmueller coordinate the plans between section two and section three to combine that into a single construction contract, in hopes of minimizing any kind of traffic problems, as well as saving the county some money. But, everything will be done and this contract will tie into what’s going on already with the design that’s taking place at Green River and Millersburg.

Commissioner Shetler: I might point out that a lot of this has been facilitated because of Commissioner Musgrave’s work on getting the TIF program expanded and going in to get the extra money. So, it’s not really county money being used, nor is it federal money, but it is the TIF money that’s being utilized in order to speed up the project and try to consolidate this all into one deal so that people were with a very limited amount of being put out of the road for a short period of time, hopefully.

John Stoll: Right. If we were using federal funds, this would drag on for many, many more years than doing it with the TIF funds.

President Musgrave: I think the original projections showed for these two phases to be done in 2015?

John Stoll: That sounds right.

President Musgrave: And we will get them done in 2009, which still seems like a long way off–

Commissioner Nix: Or maybe before.

President Musgrave: –or maybe before. So, that cuts six years off, and I’m very, very pleased to see that happen. Hopefully, we won’t have very many more incidents of deep flooding like we had, when was that, in February that we had to close the road?

John Stoll: February or March.

Commissioner Nix: March.

President Musgrave: Through the engineer’s presentations, they were discussing raising the road anywhere from three feet to even nine feet at a certain bridge. So, there will be significant elevation, depending on the final designs of the road, and I know we’ll hear about all of that probably eight, nine months from now.

John Stoll: Yes, that agreement does set out for some public information meetings. So, that way the plans can be presented to the public, and, at that point we would know more specifics as far as the elevation and the location where the most significant raised in elevation will be.

President Musgrave: Okay.

Commissioner Nix: He seconded.

Commissioner Shetler: Yes, I seconded.

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

All Commissioners: Aye.

John Stoll: I should have the Cross Pointe agreement next week.

President Musgrave: Okay, we look forward to that.

President Musgrave: We have several requests to close roads. To close a portion of Ridgeway Avenue for a block party, and a portion of North Kentucky Avenue, Mt. Pleasant Road, Baumgart Road, and Browning Road for a 5K run. I understand that the Sheriff and the engineer and our attorneys have reviewed these. Do we have a certificate of liability for the Ridgeway Avenue, or does that determine not to (Inaudible).

Ted C. Ziemer, Jr.: We don’t ordinarily require that from a neighborhood, but we should get a certificate of insurance from Bob’s Gym for the other.

Madelyn Grayson: They did supply that. Do you need to review that?

Ted C. Ziemer, Jr.: I beg your pardon?

Madelyn Grayson: Bob’s Gym did supply the certificate of insurance.

Ted C. Ziemer, Jr.: Okay, I hadn’t seen that. I can take a look at it.

President Musgrave: Okay, pending the acceptable review of that certificate, is there a motion to close the roads as requested?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: This is the time for the Aabel’s Park Subdivision Barrett Law project. I understand that Mr. Ziemer has been working on this.

Ted C. Ziemer, Jr.: Yeah, thank you. Yeah, today is the advertised public hearing date on the declaratory resolution, which was previously adopted by the Commissioners, for a Barrett Law project to improve sewers in Aabel’s Park Subdivision, and at the United Methodist Church, and four lots on Erskine’s Lane. There are a total of 42 lots, two of which are owned by one individual, and there are 41 buildings on the 42 lots. Previously, the County Engineer has filed with the Commissioners his estimate of costs for the project, which was for $337,000. Just a comment on that for the Commissioners, that in a project like this, should the low bid for this project turn out to be higher than the maximum estimate, that we’re now, that has been submitted by the engineer, then the county’s choices are to either scrap the project, start over again, or to pay the difference out of other county funds. So, we’ve been very careful to try to estimate on the high side so that we believe the estimate will exceed, at least we anticipate that it will exceed, the maximum low bid for the project. Notice of this meeting was given by publication, and also by mailing notices to all of the property owners involved. I have to deliver to the Auditor today, my certificate of mailing to all of those property owners, with their names and addresses attached to the certificate, plus the green return receipts showing that we did, in fact, we know that they were received by all of the residents involved. So, the appropriate thing now, Madam Chairman, Madam President, would be to open the public hearing and ask if there are any remonstrances, or any comments regarding this.

President Musgrave: Alright, this opens the public hearing on the Aabel’s Park Subdivision Barrett Law project. I now call for remonstrators, and please state your name and your address when you come to the microphone.

Jim Thomas: My name is Jim Thomas. I am not here to remonstrate, so, if you want me to give some opening comments on behalf of the committee, I would be glad to do that. I live at 9911 Old Petersburg Road. I’m Jim Thomas. Our committee was formed with Nelson Bailes, myself, Vicki Hebert, and A.P. Drennen, originally. The project kind of developed back in the spring of ‘04. It further developed in the summer of ‘04, and has then moved along since then. Basically, originally it was eleven people who wanted to go together and privately fund their sewer project to bring sewer extension into our area for a need that we have. After other neighbors found out, certainly about that activity, they wanted to join with that. So, it kind of grew into a larger group of about 21, and then kind of into our subdivision. So, at that point, including myself, there was a financial situation of did we want to put all of that money up front, or quote, kind of pay as you go with a Barrett bond, which seemed reasonable to many people to do that approach. With that said, it was recommended that we look at that, we did, and that’s how we’ve arrived today at asking for a Barrett bond for our service area. Personally, I’ve met more times than, I’ve lost track of the countless meetings, discussions with probably well over 60 percent of the 42. Other committee members have certainly spent a lot of time on this themselves. There are a handful of neighbors that I did not speak with personally. If I did, it may have been once, but we have spent countless, countless hours on this project. I think the neighborhood, as a whole, certainly, truly realizes the benefit to this long term. It’s a long term investment to our neighborhood, and to our 42 people in this service area. We have an irritating problem with some properties that have been shared with us, and this is a long term investment to resolve that, versus continuing to repair or, “replace”, for several thousand dollars, systems in our subdivision where we’re located. We have a very nice subdivision. We have very nice homes, and have very fine neighbors. This has not been an easy project. We’ve had a lot of support for it, and we’ve had a handful of folks that have had some genuine concerns. We have listened to that, and I’ve personally listened to them, and I do understand some of their feelings, and I certainly understand an overwhelming majority, 85 to 90 percent of the folks who do want the project. Balancing all that out, I personally would never ask my neighbor to do something that I wouldn’t do. I think this is the correct thing to do as a whole. On behalf of the neighbors, I would certainly like to thank all those involved at this point to help us get to this point. Andy Easley has spent a lot of time to get us to this point. For the neighbors who funded some up front money to even get this process going, which was very difficult. I want to thank them also on behalf of the committee. On a personal note, in closing, the committee realizes that as neighbors we are undertaking an important and a very significant project for our neighborhood at Aabel’s Park. Everyone’s cooperation, help and understanding is very critical, and it’s appreciated by their neighbor. For all of us, the committee can assure the neighbors who have signed for immediate hook-up, which is approximately at least 17 to 21. We want to thank our other neighbors for their support, and for those who have concerns, I want to ask them tonight for their support again, even though the cost has, quite frankly, dramatically went up the last two years. I acknowledge that, as part of the spokesperson for the committee. It is a big investment, but it’s, after talking to appraisers, four of which in our area, I feel affirmed that we are doing the right thing. Thank you.

President Musgrave: Thank you, sir. Are there any other individuals here wishing to speak? Please come forward, state your name and address.

Jerry Murphy: Jerry Murphy, 2411 Southeast Browning Road. I apologize if I repeat something that Jim said, but the audio is not very good back there, and I’m also hard of hearing. I’m in sticker shock. Dramatic cost increase, yes. Four hundred percent. Jim, mentioned that the original project was undertaken as a private project. It was. There are a number of us in the area that have septic systems that are in good shape, working fine. Personally I’ve been in four different homes with septic systems, never had a major problem. I know there’s a number of people that have problem systems in our subdivision. I stated this before to Jim and other people, they should have had them fixed, but they didn’t. The real, what I want to mention to you is the fact that this project started out with $82,000. That was in the latter part of ‘04. March of ‘05 it went up to $192,000. Now, I know you folks and the City Engineer, is he still here? Whoever, are not involved in these estimates. But, this is what the homeowners were told. We were going to expend money based on these estimates. Now, please don’t talk to me about estimates. I’m very familiar with estimates and firm quotes and all those things. So, in April we were told that the project is now at $273,000. A month later, in May, $337,000. I am retired. My wife is retired. I believe of the 40 some residents in the area, I think at least ten or 12 of them are retired. We live on a fixed budget. My current estimated cost, I do not have $8,000 available to buy a new sewer system. I would have to mortgage my house, go through the Barrett bond, take the monthly payment, or yearly payment, whatever. If I calculate right, that’s almost $20,000 for me. $20,000. That’s a lot of money. That’s the point I want to make, and the impact on some of the people in our subdivision. I know there are people that need and want, and everybody says, “Well, you know, sewers are, everybody needs a sewer.” Well, fine, okay. That’s the end of my discussion on the costs, and you can understand what it does to retired people. Whether or not we’ll ever recover that from our home when we try to sell them is questionable. I had two questions, and I think this gentleman answered one already, and that was, “What happens to project cost over runs?” If I understand you right, there won’t be any.

President Musgrave: Before–

Jerry Murphy: Or there are a couple of option.

President Musgrave: Before he answers that question, we need to change the tape on the recording device. So, if we could just take a little time out.

(Tape change)

Ted C. Ziemer, Jr.: There cannot be any cost over runs. The project has to come in, together with the engineer’s expenses and so forth, at less than $337,000.

Jerry Murphy: Okay, that’s the other. Do we have an established interest rate that we’re going to be dealing with or not?

Ted C. Ziemer, Jr.: No, sir. I can tell you that it is not yet established. If the Commissioners determine to confirm the declaratory resolution today, then bids will be taken for the actual amount of the project. Once the bids are taken, we’ll know what the actual cost of the project is going to be, which, as I said earlier, it’s anticipated to be less than $337,000, then the bank will be able to determine what the interest rate will be, depending on whether the owners of the lots to be assessed elect to be assessed for ten years, 20 years, or 30 years, or wish to pay up front. If, for example, a number of owners pay up front, that will reduce interest for the others over the period of their respective pay backs.

Jerry Murphy: Fine.

Ted C. Ziemer, Jr.: But, we don’t know that yet. I think the anticipation is, as I recall from talking to some of the neighbors, is that most intend to request a 20 year assessment period. If that’s the case, the interest rate would be based on a 20 year repayment, after considering those who pay up front, if any.

Jerry Murphy: I understand. Okay.

President Musgrave: Thank you, Mr. Murphy.

Jerry Murphy: Thank you very much.

President Musgrave: Is there anyone else to speak?

Matthew Winkler: Hello, my name’s Matthew Winkler, and I’m actually not here, I’m here on behalf of my mother and my late father. Their address is 10115 Southeast Browning. I’m actually here to support, you know, this measure. My dad’s been wanting to get sewers for 20 years out there. I don’t know, I heard something about 11 people, but this guy had some comments, I mean, sticker shock, that’s why I don’t live in McCutchanville. I was looking at houses in the early 90's and, you know, housing’s been really going up. Everything’s going up, but, and nobody likes it. I don’t like it, but, that’s, you know, that’s why I didn’t go out there and pay those high prices, and I live in town in a cheap house. But, anyway, as far as the survey, there’s things that, you know, I grew up out there. I’ve lived there since the late 50's, and I’ve seen all kinds of things that I can point out to anybody, there’s a lot of newer people. My mom and dad was retired. My mom is on her own now. Actually, when the development went out that way, and one of the things that got sewers out there was, something that I’m going to bring up was the development of the golf course. When they started doing the bulldozing and everything of the drainage ditch that goes between Veahy and Southeast Browning, it goes under Petersburg Road, let’s see, which direction is that? West, but all of that erosion and mud and everything came down and filled in the ditch. My dad was having trouble, he had like a drain for his septic system and a drain for part of his gutters. We had to dig them out. They were covered up, you know, because of all the development. So, you know, they dredge it, that goes to another problem, they were talking about they were going to, one reason they didn’t want to do it because they had to put a pumping station in and it raised the cost. Well, now they’re going to go over the ditch, right?

Unidentified: Yes.

Matthew Winkler: Okay, they’re going over the ditch. My question with that is, you know, I understand it’s going to be a plastic pipe, I wonder how much clearance there’s going to be? Is there going to be any structural support for the pipe in the open if kids run across it? Anyway, for debris, you know, to keep stuff from damming up. That’s actually my question there. I would, this might be a homeowner thing, but there is a utility pole, I’m bringing up, you have to understand here, I’m bringing up things that my dad told me, and I’m trying to kind of fill in for him. So, pardon me if I’m not all the way established here. But, there’s also a culvert between the proposed route and my dad’s house, and there’s a utility pole there, and that thing, he showed me one time, he stood there and just shook it. You know, the transformer’s up there. I mean, nowadays they bury everything, but, I mean, they say you have to call the utility company or something, but I didn’t know. There was, my dad told me there was comments from the committee members and everything that they might be able to get the culvert repaired and all that done. So, that was my question. The other thing, there’s a lake, nobody mentioned about a lake, okay, and there’s houses around the lake. Like I said, I grew up out there, and there was tons of kids and we used to swim, and there was, a lot of times there was problems with, I guess, it was wet weather or what, drainage into the lake, you know, and scummy stuff, and they would have to chemical it. So, that’s something with these aging, I mean, most of these houses were built in the late 50's and the 60's, I think, so, the systems, I don’t think anybody’s replaced any that I know of. They’re getting old, and it is a sticker shock and it is double if you pay by the, you know, the year. Like anything else, you know, I paid for a house, you’re going to pay a lot of money. Let’s see, can I say anything else? I was going to ask about the bond and the numbers, which I added some stuff up here, I thought the numbers were different, but after I added the hook up and the $400, I think it come out to $8,000.

President Musgrave: Okay.

Matthew Winkler: Let’s see, that, I think that’s all I have here.

President Musgrave: Okay, well, thank you, Mr. Winkler. I think your engineering questions are going to have to be directed to the engineer.

Matthew Winkler: Yeah, this isn’t the place. Okay.

President Musgrave: Alright, but thank you for your comments.

Matthew Winkler: I was going to say, you have to understand, I’m trying to take up where my dad left off.

President Musgrave: Alright, the engineer is here today, so you can probably address this to him.

Matthew Winkler: So, I guess, I was just here to support it and point out those other things about the lake. It’s a health thing and everything like that too, you know.

President Musgrave: Okay.

Matthew Winkler: Thank you.

President Musgrave: Thank you. Are there any other speakers? Sir? I have one here, and then you’ll be next after that. Please come forward, state your name and address.

A.P. Drennen: I’m A.P. Drennen. I live at 2227 Southeast Browning. Forgive me. I am, the house that I own sits in a valley where there are five leaking septic systems that eventually run onto my property, across my property, into the lake, and then down through a culvert ditch, which goes into most of my neighbors yards. The water that is in the lake is contaminated. It is full of ecoli. I’ve lived there for almost 20 years, and when we first moved there we were able to swim in the lake. At this point it is too dangerous. The fish that are in the lake are contaminated. It is not a good system. I’m here to support this resolution.

President Musgrave: Thank you very much.

A.P. Drennen: Thank you.

President Musgrave: The gentleman in the back? Is there anyone after this gentleman who cares to speak? Okay, I’ll take the gentleman in the grey t-shirt, and then in the white.

Ken Colbert: My name is Ken Colbert, and I reside in an historic home at 9700 Erskine Lane. In fact, the previous owner of my property, Albert Hahn, was the one that developed Aabel’s Park in 1953, approximately. I had some challenges in regards to Mr. Easley. We did not see eye to eye perhaps on this project initially. In fact, I had written a letter about a year ago to the County Commission with some of the concerns. Those have since been resolved. It primarily was an issue where my wife and I are putting geo-thermal into the back of our multiple acre property, and having a sewer line coming across was not practical. So, with the abutting property owners there was an easement granted, which now solves my problem. We do embrace the fact that the sewer is coming to our community. I’m a realtor by trade, commercial realtor. Property values have continued to increase approximately three to five percent in the McCutchanville area. This is definitely a positive thing for us. There was a comment made about the lake, it is accurate that the fecal matter composition is extremely high in that lake. It is primarily because of irresponsible people around the lake that are not taking care of their septic systems. That is a concern. I have other property currently that’s on Barrett Law, some investment property, so it does work, from that perspective. So, I do support it. I would also want to mention that I also have multiple tax codes on my property. I want to make sure that I’m not assessed for each tax code number. That there’s only one home on the property.

President Musgrave: I don’t know the answer to that.

Ted C. Ziemer, Jr.: I do. Tell me which, I think I’ve got it here.

Ken Colbert: The address is 9700 Erskine. I had, there were three tax codes and I actually had one of them consolidated into the second one.

Ted C. Ziemer, Jr.: Just one second here.

President Musgrave: You’re encouraged to consolidate them all.

Ken Colbert: I understand that.

Ted C. Ziemer, Jr.: Yes, you are just going to be taxed on one tax code, because your tax codes have been combined.

Ken Colbert: Well, actually I have two tax codes now. There were three, I now have two.

Ted C. Ziemer, Jr.: Yeah, you’re going to be taxed on one tax code.

Ken Colbert: Okay, that’s in the minutes, right?

Commissioner Nix: He just said it.

Ted C. Ziemer, Jr.: There are 42 lots that are going to be assessed. One person is going to be assessed twice, because they have two separate lots on which homes can be built, and two separate tax codes. Everyone else is going to be assessed once.

Ken Colbert: Thank you. Right answer.

President Musgrave: Thank you, Mr. Colbert. The gentleman in the grey t-shirt.

John Hartz: My name is John Hartz. I live at 2431 Southeast Browning Road. I’m not going to stand up here and waste a lot of time, but Mr. Murphy you talked to, the first gentleman, and I am just reiterating what he’s been saying, that the prices went up astronomically. Yes, the lake is polluted. I’m on the lake committee. I’ve been on the committee for about seven years. It’s bad. The people that live around it should have had their stuff taken care of initially, but they didn’t, and this is not going to fix the problem, because the lake is polluted. I just think that this is ridiculous, to force something down someone’s throat that doesn’t want or need it. That’s all I needed to say. Thank you.

President Musgrave: So, you’re speaking in opposition?

John Hartz: Yes, I am in opposition.

President Musgrave: The gentleman in the back. Is there anyone else who wishes to speak? I see, is that two or three? One there, and the lady? Two, and you’ll be last two speakers? Okay.

Nelson Bailes: My name is Nelson Bailes. I did live at 10144 Southeast Browning. I just recently sold my house, and that’s the reason that I wanted to speak today, because Mr. Murphy had mentioned about the prices of the houses and how it would affect the real estate costs. I’ve been in Aabel’s Park for 20 years. I originally moved in there to a house across the street, and then later on I bought an acre across from the house I lived in and built a new home there. We have had problems with the septic systems there ever since I moved there originally. When we had families there, which when my kids were home, my original septic system worked fairly well until it was really wet, and, of course, then it ran over into the creek a little bit. Which always worried me about that, but the thing of it is, I just sold my house. The gentleman that bought my house, he was extremely concerned about the operation of the septic system. Of course, we had it tested, and I’m sure anybody else selling in that area will have their septic system tested. Had my septic system not been working properly, it would have cost me well more than what people are going to be paying for this sewer, to have it repaired or have it rebuilt. So, I feel like that anybody that’s selling their property there, it’s going to increase the value of their property. Certainly, it gives you a comfortable feeling that if the project goes through, the people that moved into my home feel that if something happens to the septic system, the sewer will be available to them. So, it certainly does effect price of your property and the sellability of your property. Thank you.

President Musgrave: Thank you.

Aaron Peckenpaugh: My name is Aaron Peckenpaugh, 9901 Old Petersburg Road. My wife and I are currently building a home out there. We’ve been building our home since about August of 2004. So, it’s been quite a while, where we actually are at a stand still. We stopped building because of the sewer. The septic is grand fathered in, but our property actually is on the lake. We have the lake, we have some lake frontage. The overflow for the lake, there’s a ravine in the back of our property that the overflow comes out. We just had twin girls about a year ago, so, very concerned about the contamination of the lake, any part of that. The cost of putting the sewer in is just going to continue to rise. I mean, if we don’t do it now, it’s just, you know, just going to keep rising. I don’t know that we really have a choice other than, you know, just fixing the problem and putting the, you know, biting the bullet and going with the sewer. I mean, I’ve talked to a lot of Realtors and they even mentioned that, you know, if you even talk to a client and as soon as you mention a septic tank, you know, a lot of people just don’t want to mess with them. The property value will increase with the sewer, I know it will. It will pay for itself. I’m just very much looking forward to getting this resolved and finishing our house and moving out there, and then, you know, enjoying it out there.

President Musgrave: Thank you. The last speaker? This gentleman behind you, sir, is speaking. And you’ll be the last speaker.

Mike Belloli: I thought I was going to be the last speaker. My name is Mike Belloli, and I live at 10140 Southeast Browning Road. I’m new to the area, just moved in a year ago this June, as a matter of fact. I think it’s about time we moved to the 21^st century and get a sewer system in there. And to readdress the other people’s concerns about that lake, I would lake to use that lake, and I won’t even go anywhere near it. So, we need it desperately. I’m all for it. I think had people been together way back when it probably wouldn’t cost as much now as it did, it could have been cheaper back then, I think. Anyway, I’m for it. So, one more to the plus side.

President Musgrave: Thank you, sir. And now the gentleman in the green shirt.

Ted Sterne: I’m Ted Sterne. I live at 2323 Southeast Browning Road. I’ve lived out there for 46 years. When I first moved out, for the first ten years I had a lot of trouble with my septic system. Then I learned how to handle it, and I have had no trouble since then. I do believe that other people can do the same thing. I feel also that this would not have come up had it not been for the church and someone who sold a lot, and the people had built a house on it with the promise that they would have a sewer. That’s all I have to say.

President Musgrave: Alright, thank you. We’ve heard from the remonstrators both for and against, and at this time is it appropriate to make a motion to consider the resolution?

Ted C. Ziemer, Jr.: Yes, I did want to make one comment. If the Commissioners adopt this final resolution today, then if 40 percent or more of the 41, or the 42 lot owners out there file a written remonstrance to the Barrett Law, setting forth the statutory grounds, then this matter would go to court. I’m telling you this so that you’re fully aware of what your rights are. That’s my information on that. Now, the Commissioners, if you would want to conclude the public hearing portion of this meeting, and then following that, if you wish, you would approve the resolution, which would find that there are 41 lots with buildings on them in the area, that the maximum cost for the project is $337,000, and that, it’s your opinion, or your finding, that the benefits to the property liable to be assessed are equal to the estimated maximum cost for the project. If you so find, that will then begin the five day period, and following that, which would probably be at our next meeting, you would authorize the proceeding with the bidding, and set a bid opening date. I don’t recommend that we do that until after the next meeting, to see what happens in the next five days.

President Musgrave: Alright do I hear a motion to conclude the public hearing and outlined by the motion as described in Ted Ziemer’s comments?

Commissioner Nix: So moved.

Commissioner Shetler: I’ll second. I look at this as one of those quality of life issues, much like the smoking issue that we’re dealing with for the last month. It’s one that I think will enhance the neighborhood, and take care of the neighbors out there. I think it will help the value of their property. So, I think it’s something that will enhance the county at large, and not just specifically that neighborhood. So, I would second that.

President Musgrave: Alright.

President Musgrave: So I’ll call for a vote on the motion to confirm the declaratory resolution. All those in favor, please say aye. Does this call for a roll call vote?

Ted C. Ziemer, Jr.: Yes, please.

President Musgrave: Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes. Thank you all for coming. We’ll likely see you again in the future as this moves forward.

President Musgrave: We now have another resolution, CO.R-06-06-015, regarding the public sale of certificates of sale in Vanderburgh County. These are properties that have failed to sell on two consecutive tax sales and now arrive at the desk of the Commission for disposition. Mr. Ziemer will discuss.

Ted C. Ziemer, Jr.: Yes, and if you approve this resolution, then you would also, by approving the resolution you would be approving the publication of notice of sale of the tax certificates. The notice would indicate that the sale would occur on September 21, 2006 at 10:00 p.m. in the City-County Administration Building.

President Musgrave: 10:00 a.m.

Commissioner Nix: A.M.

Ted C. Ziemer, Jr.: Oh, pardon me, what did I say?

Commissioner Nix: 10:00 p.m.

Ted C. Ziemer, Jr.: I’m sorry, 10:00 a.m., 10:00 a.m., pardon me.

Commissioner Nix: Nobody would show up.

Ted C. Ziemer, Jr.: That’s what you’ll be doing if you approve the resolution. I do want to point out that anyone who wants to learn more about the sale, can go on their computer to http://taxcertificatesale.evansvillegis.com . Again, that’s http://taxcertificatesale.evansvillegis.com , and you can see more information about the sale.

President Musgrave: And, as we did last year, we will be accepting redemption of those properties up until a specific amount of time before the sale, and I can’t remember the exact number of days, but we’ll make announcements as time goes by. So, if your property is on that, you must redeem it before then, otherwise, it will be sold on September 21^st at 10:00 a.m. Is there a motion to affirm the resolution?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: Do we need a roll call vote for this one?

Ted C. Ziemer, Jr.: No. Madelyn, you do have the publication?

Madelyn Grayson: Yes, it’s scheduled for this Friday and again June 16^th.

Ted C. Ziemer, Jr.: Okay, good, thank you.

President Musgrave: We have another resolution, CO.R-06-06-016, this regards the transfer of a cable franchise. Mr. Ziemer?

Ted C. Ziemer, Jr.: Yes, Charter Communications is currently the holder of franchise which serves approximately 80 people in Vanderburgh County to provide cable connections for them. That franchise expired in August of 2004. For some reason was never extended. They have continued, not withstanding the expiration, to pay the county the five percent franchise fee, to which the county is entitled under the terms of the franchise agreement, as amended by letter agreement. They then contacted us and indicated that they want to sell the franchise to New Wave, to Charter Communications, let’s see who they want to sell it to, to Telecommunications Management, LLC, who does business as New Wave Communications. They asked that the county consent to that transfer, which is required under the terms of the agreement. I advised them that the county, in my opinion, or at least I wouldn’t advise the county to do that so long as the, Charter, the franchise had expired. A representative of the company then contacted Commissioner Musgrave, they’ve discussed that, and subject to approval by the Commissioners, I’ve prepared an agreement which would extend the term of the franchise for 18 months, until December 31, 2007, and in addition to that, by adoption of a resolution, you would approve your consent to the transfer of the franchise from Charter Communications to Telecommunications Management.

President Musgrave: Any questions?

Commissioner Shetler: Do we receive any income?

Ted C. Ziemer, Jr.: We receive a five percent fee per connection annually.

Commissioner Shetler: Does anybody have any idea how many dollars that’s bringing in?

Ted C. Ziemer, Jr.: It’s about, I’ve seen a couple of numbers, it’s like $47 a year or something. There are only 80 connections. So, it’s not a big money maker for the county.

Commissioner Shetler: Time to renegotiate.

Ted C. Ziemer, Jr.: Well, under state law, five percent is now the maximum and the minimum fee that can be charged. By the way, effective July 1^st, the state is taking over all cable television, and the county will no longer have to grant franchises for that.

Commissioner Shetler: This is it. Alright, so moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: Mr. Ziemer, I understand you’ve prepared a contract for employment for Carla Hayden.

Ted C. Ziemer, Jr.: I did. It’s for temporary, well, yes, temporary employment for the 6^th, 7^th, and 8^th of June, for eight hours per day, at $12.00 per hour, which I think comes to a total of $288 during that three day period. So, it’s not to exceed that amount, no overtime is to be included. This is to be paid out of contractual services. The contract, should you decide to approve it, is satisfactory for execution from a legal perspective.

Commissioner Nix: Move approval.

Commissioner Shetler: This has been approved by Council? Are they, Council has had an order for this?

Ted C. Ziemer, Jr.: I don’t know, Commissioner Shetler.

President Musgrave: We have this money in our Contractual Services line item available for expenditures such as a contract like this.

Commissioner Shetler: Right, okay. Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: It’s my understanding that our ability to pay her will continue next week, because Council will take action, is that tomorrow, Marissa?

Marissa Nichoalds: Yes.

President Musgrave: Alright. Hopefully, will take action tomorrow, otherwise, we may be back next week discussing similar items.

President Musgrave: John Stoll, County Engineer. I understand that you have some action items for us.

John Stoll: I’ve got three change orders. The first two are for the final phase of Lynch Road. The first one is for an increase of $31,257.60. The reason for that increase in cost is due to some excavation on the project that was originally not classified as rock. It was re-evaluated by the inspectors and INDOT. They determined that it did meet the INDOT definition of rock, which in turn, instead of paying around three dollars and something a cubic meter for the excavation, it bumps it up to twenty dollars or so per cubic meter. So, that’s what necessitates that increased cost. I would request that that change order be approved.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

John Stoll: The second change order is also on Lynch Road. This is for an increase of $7,500. This is for additional rip rap that had to be added to the project.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

John Stoll: Then the last item that I have is a change order on contract number VC06-03-01, New Harmony Road embankment repair. This was for an increase of $2.897.94. It was a final adjustment of all of the under runs and over runs, but primarily the over run came from us adding a curb along the side of the project to direct some water to try and prevent some erosion. I would request approval of that change order as well.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

John Stoll: That’s all I have.

President Musgrave: While you’re here, let’s read off the bids.

Ted C. Ziemer, Jr.: For drainage improvements, Pinehurst Drive, JBI Construction, $33,746; Deig Brothers, $46,652.40; J.H. Rudolph, $32,900. For Schmuck Road culvert improvements, CCC of Evansville, $48,777.12; Koberstein Trucking, $45,050; and J.H. Rudolph, $58,957.22. For Smith-Diamond Road improvements there’s only one bid from CCC of Evansville, Inc. for $18,877.22.

Commissioner Nix: Motion to take the bids under advisement.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: Thank you. Are there any other department heads who wish to address the Commission?

President Musgrave: We will move now to board appointments. We have four boards; Airport Authority, reappointing June Folz for another, I believe that’s a four year term?

Marissa Nichoalds: I think it’s three.

President Musgrave: Three year term? Economic Development Commission, Becky Kasha, another re-appointment; Commission to End Homelessness, Ryan Scheidler, a re-appointment, and to replace an appointment for the Old Courthouse Foundation, Nick Hermann. Is there a motion?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: Is there any new business?

President Musgrave: Any old business? We have, I am very, very happy to report the Lynch Road extension project ribbon cutting ceremony, with refreshments, June 8^th at 9:00 a.m., the Vanderburgh-Warrick County line on Lynch Road. Commissioners and Councilmembers from both Warrick and Vanderburgh County will be in attendance. We again, we will have a tent, we will have refreshments, we will open the road, I believe, at 10:30 is when the road will be actually driveable. So, we are not going to be endangered as we celebrate...I’m not sure if they’re going to have rocky road ice cream or not. But, I’m really, really happy to see this project come to completion. We will be issuing a press release directly after this meeting to give the media and others who are interested the pertinent facts. So, see you all then. Now, for an update on the smoking ordinance. Commissioner Shetler?

Commissioner Shetler: Okay. To let you know kind of where we are. I guess, you might call it in conference committee right now, trying to work out some ideas that City Council has played around with as far as amending it to get their necessary votes to get a passage, and the County Commissioners and what we’ve already introduced with the County Commission. The two plans that are kind of floating around right now, basically, are one that has a, well, I think all of us agree pretty much to exempt fraternal organizations, particularly dealing with the veterans associations that were here on both of the public hearings. The first night I estimated about 60 people that were here probably in remonstrance to the ordinance. About 30 or 40 of those people probably were vets of one sort or another. I haven’t felt any real serious objection to taking them out of and leaving them out, exempting them from the ordinance. The other, I think that’s something everybody’s on board with. There are two other plans that are kind of floating around right now. One, is a phase-in on a time line basis, which would, basically, eliminate smoking in most public facilities January 2^nd of ‘07. The only caveat to that might be that in bars and all adult clubs there would be smoking permitted in adult type of areas like that, where it’s over 18 accessible. In the year 2010, there’s a possibility of looking at extinguishing, if I may use that, smoking throughout all public facilities in Vanderburgh County. Another plan that is floating around is one that I’m not very excited about, to be honest, one that seems to be by a few people that haven’t been on board till lately. One that where there would be designated smoking areas within businesses, and I have a real problem with this, because that seems to be codifying the status quo. I have a problem with us just simply allowing restaurants or taverns and family rooms to be able to say, “These two tables over here, or this section over here, is non-smoking, or is smoking, the rest is non-smoking.” Because everything we’ve heard, all the evidence is overwhelming to indicate that there is effect on the non-smoker people from a few smokers. I think that we need to protect that. I, underneath that scenario, there is some talk that there would not be any boundary lines. For example, any walls that would separate the smoking from the non-smoking. So, I would hope that, the public, I think, has voiced their concern on it loud and clear. In addition to the public, I’ve also heard from restaurants, from private clubs and entities who wish for us to become rather restrictive on it, and to make this ordinance something that does mean something. I would encourage this body, when the time comes in the next couple of weeks, that we certainly look at something that is going to be very restrictive and protect the health of the people in Vanderburgh County. So, that’s where I want to bring you up-to-date on that. I don’t know if, I know later on you’ve got this section here for people to speak. I don’t know if you want to wait until then, or if you want to–

President Musgrave: No, I’ll go ahead and call for comment on smoking. If anybody has a comment on smoking at this time. Mr. Kincaid? No? When will City Council voting on this?

Commissioner Shetler: Well, from the looks of things, they are talking about bringing it to the head on the 19^th, I believe. On Monday, the 19^th. So, hopefully, we can get things worked out before that time. I do believe, we have, I probably was remiss in not mentioning we have received from the executive committee of the Chamber of Commerce their endorsement for a smoking ban. Now, I think the main catch to theirs is they want to make sure that the city and the county stay on the same page. But, they are for a ban of smoking, at least as the general concept. They didn’t specifically endorse any one plan, but they are for a progressive community that does eliminate smoking in public places. Again, with the one catch being that the city and county stay on the same page.

President Musgrave: Are you part of this conference committee, as it were? Or is this among members of City Council only?

Commissioner Shetler: I’ve been a part of some of it.

Commissioner Nix: I’m curious. I guess, maybe the question is, you’ll be part of the conversation with City Council before they vote? Or is that something–

Commissioner Shetler: I would hope to be a part. I haven’t been invited to all of the sessions that they’ve been talking about, but I have been involved in some.

President Musgrave: Well, I’m troubled that they think smoking, negatively affecting the health of some people is okay in some places. Like you, I think that our policy or ordinance should be as restrictive as possible, to protect the health of everyone, as soon as possible. So, if they’re going to exempt certain organizations, and if that’s what it takes to get an ordinance that’s relatively restrictive in place, then I would reluctantly, with the greatest reluctance, go along with that, but not if children were allowed anywhere near these areas where there’s smoking, or at the same time. They would have to not be in the building, the same building where this smoking is going on. But, I wish that the City Council would agree that the health of everyone, no matter whether you’re a veteran or a member of a fraternal club, that your health deserves to be protected.

Commissioner Shetler: I certainly don’t want to be one that would codify the status quo.

President Musgrave: I agree.

Commissioner Shetler: I feel as if one of the alternatives simply, that’s all we’d be doing. I have a real problem with doing that.

Ted C. Ziemer, Jr.: I would just like to remind you that when we get to a point that the ordinances are adopted, if the city ordinance is different than the county ordinance, then it would be my opinion that the county ordinance would apply only in the county, and the city ordinance apply in the city.

Commissioner Nix: I guess, that’s one thing that we’re trying to say, is that we really don’t want to see that. We want to see something that’s the same between the city and the county. I mean, that only makes sense. I mean, I don’t think it would work any other way.

President Musgrave: Well, I don’t believe that there is more than one veterans facility outside city limits. So, for us that would be talking about one, single organization. As for fraternal entities, I know that there are several, but that brings up another point, the definition of a fraternal organization needs to be very well drawn up. I hope that you can’t just create a fraternal organization on the spot, and have somebody pay dues and walk in and, voila, you have a fraternal organization.

Commissioner Shetler: Well, I think our current ordinance that we have drafted mentions that they have to have a 501C, and that would mean that it’s got to be a not-for-profit. So, that’s already going to exclude someone from just walking in and saying, “Well, we have a dollar membership today.” Which would be, in essence, a cover charge. So, I think it would eliminate that part of it. But, it is not going to exclude from that group, you know, private entities or private clubs that, you know, some of those which have spoken to me, would like to have it. You know, so they would have to fall underneath that ordinance. But, anyway.

Ted C. Ziemer, Jr.: I just didn’t follow you there. Are you suggesting that private clubs would be considered, I mean, if they are 501C3, would be considered fraternal organizations?

Commissioner Shetler: That’s correct.

Ted C. Ziemer, Jr.: Okay.

Ted C. Ziemer, Jr.: May we change the tape quickly?

President Musgrave: Please change the tape.

(Tape change)

President Musgrave: Well, as the former County Assessor, I heard all those exemption applications for all those 501C3 clubs, and they’re all tax exempt, and I just, it just goes against the grain that the government would actually encourage behavior at a place where we don’t require them to pay taxes that causes cancer. So, that upsets me a little bit. But, the phase-in time, I think it would be quite reasonable to work with them on phase-in times that make sense. So, that organizations can plan and put in the proper systems, and build smoking areas outside, and so forth and so on that are needed for those. Mr. Kincaid, I see you changed your mind.

Johnny Kincaid: Sure. Not to drag out a subject that probably everything conceivable has been already said about. But, actually what I want to do is just thank you Commission members for standing your ground on this issue. I know you’ve received a tremendous amount of feedback, and I also know that most of it’s been positive. I just really appreciate the fact that you’re looking for an answer for the community that really is going to impact community health. In the end, that’s what we hope we wind up with, with both the city and the county. Thank you.

President Musgrave: Commissioner Nix, is there an update on the jail, we’ll call it a shed construction?

Commissioner Nix: Actually, it’s not a bid, we’ve got some information together. Mr. Rector is here today. He and I and we’ve run quite a few different plans by, some different scenarios, and we’ve finally got the price skinnied down to where I think it’s acceptable. I would like to move forward with this, if we could. Mr. Rector, if you want to take it from there.

Dave Rector: If you recall, we had, Dave Rector, Building Authority, we had taken bids on a building that was going to accommodate the Sheriff’s Department, the Corrections Department, and the Building Authority equipment area. The bids came in quite high, we thought, for the building we were building. From that then we had conversations, and have tried to lessen the cost and have gotten it down now to less than a third of what it was going to be. We’ve got a maintenance shed/building. It’s going to be concrete block construction, at Commissioner Nix’s suggestion, and it’s about $135,000, and that would be used for the storage of trailer, mower, gator, weed eaters/blowers, yard equipment to take care of the jail facility out there. We have, again, Peyronnin was the low bidder on that. We gave them a purchase order then to be paid for from the contingency for $135,000.

President Musgrave: Since this is coming out of the bail bond, I’m sorry, the jail bond–

Commissioner Shetler: It ought to come out of the bail bond.<