VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

JUNE 17, 2008

The Vanderburgh County Board of Commissioners met in session this 17^th day of June, 2008 at 5:05 p.m. in room 301 of the Civic Center Complex with President Jeff Korb presiding.

President Korb: Okay, according to our clock back there it is 4:45. Goodness sakes, we’re starting 15 minutes early. That’s not correct. It’s actually five minutes after. Mr. Rector has promised to get that replaced before the next meeting.

Dave Rector: Tomorrow.

President Korb: Whatever. I would like to call this June the 17^th meeting at 5:05 p.m. in room 301 of the Board of Vanderburgh County Commissioners to order. What we’re going to do is we’re going to start with introductions from my right. Marissa?

Marissa Nichoalds: Marissa Nichoalds, Superintendent of County Buildings.

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

James Holley: James Holley from Castle High School. Go Knights!

Commissioner Nix: Bill Nix, County Commissioner.

President Korb: Wait, wait wait. Was that a shameless plug for the Knights? That was a shameless plug for the Knights.

Commissioner Nix: You’re going to get one for the Tigers here in a minute

President Korb: Okay, okay, okay.

Taylor Byrley: Taylor Byrley from Memorial High School. Go Tigers!

President Korb: Gosh. Jeff Korb, County Commissioner.

Commissioner Tornatta: Troy Tornatta, County Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

President Korb: Join with me now in the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

President Korb: Alright, we’re going to open some quotes. Mr. Ziemer, I’m hoping you’ve got the quotes there for VC08-06-01, Old State Road–

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Korb: –culvert replacement. A motion has been made and seconded. Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. Come back to you, Mr. Ziemer, is that okay?

Ted C. Ziemer, Jr.: You’ll have to since I haven’t done it yet.

President Korb: Oh, okay. I just thought you’d been working on that for me since the last time we talked. It’s okay. I appreciate that. You don’t have to respond.

President Korb: Action items. The first one we have is the Evansville ARC presentation. Representatives from the EARC will be here to give a quarterly update. So, if you are here, please give us your quarterly update.

Deidra Conner: We are here.

President Korb: Great.

Deidra Conner: I’m a Castle graduate, so.

President Korb: Okay, can we knock that off already?

Deidra Conner: Actually, today you are getting two for the price of one. Amy and I are going to tag team this presentation.

President Korb: Great.

Deidra Conner: We have presented in the past–

President Korb: Whoa, whoa, whoa. State your name and what you’re doing here.

Deidra Conner: I’m sorry.

President Korb: That’s okay.

Deidra Conner: I’m Deidra Conner. I’m the President of Evansville ARC. With me today is Amy Mangold, the Development Director for Evansville ARC.

President Korb: Okay.

Deidra Conner: In the past we have presented on specific programs and services, and had clients and parents come and give testimony on that, those particular services. Today we thought it would be a good idea to go back and just kind of do a general overview of what we do, how we do it, and a little bit about our funding sources. So, Amy is going to start us off today.

Amy Mangold: As Deidra mentioned, we just want everyone to have a better understanding of the broad services that Evansville ARC provides to individuals with disabilities in our community as a whole. Most of you know that Evansville ARC has a very rich and long history. We started over 50 years ago in the basement of Eastside Christian Church, with a very small group of parents who wanted local services for their children with developmental disabilities. Back in those days many children were sent to institutions, and these parents refused to send their child somewhere else, and wanted to create services here in town. Of course, over the last 50 years we have grown exponentially, and we now have over eight direct service programs, with over a thousand families advocated for, and a $12 million budget, and nearly 200 employees. As we mentioned, we really do have a broad range of services, a lot of times we call it cradle to grave. Meaning that our first service is the Child Life Center, it’s an inclusive day care center, and it is only one of two in the entire Evansville area, meaning that both children with special needs and typically developing children are together. They learn together, play together, and, you know, grow together. It’s a wonderful program. It’s NACCE accredited, very quality program. If you’re parents, you know sometimes it’s very difficult to envision what your child’s future is going to look like once they graduate high school. Your vision might be different than your child’s. We have Successful Transitions, and what this does is it is a program to help parents and families plan for a child with a disabilities future. Which is much more difficult than planning for a typically developing child. Funding issues come into play, if they can work, how they’re going to live. It’s a very long process, and we begin very early to help them figure out how their child’s life is going to look after they graduate the public school, or private school system. We do have ARC Industries out on the east side, it’s kind of a dual program with a dual mission. We service manufacturing and packaging for area Fortune 500 companies. We do have a competitive type of plant where they, you know, earn minimum wage, or better than minimum wage, receive full benefits. Then we also have more of a sheltered work type of program where individuals with disabilities can be employed and be paid on a production type of rate. That allows them to work, create social networks, we do provide transportation, and it helps them to have a job and to contribute to the local economy. We also have Community Job Link which is, again, a job and vocational type of service, but it is community based. We serve over 130 people in this program. What we do is help individuals determine what they would like to do, and we help match them with employers in need throughout the Evansville area. So, they get a viable workforce, and individuals with disabilities are able to work in the community. Connections For Life is our next program, and what we do in Connections For Life we serve about 90 people in Connections For Life, and what this does is it matches individuals with disabilities with meaningful interactions within the community. That might be learning a new skill, maybe they want to learn Tae Kwon Do, maybe they want to serve their community by joining Kiwanis, or maybe they would like to serve the greater community by volunteering and offering a service. We provide thousands of hours of service to other non-profit agencies throughout the year. So, it’s yet another economic benefit through Connections For Life. It’s a very neat program, because we often see individuals grow and get more connected in their community, and then can work toward sometimes even community based employment. Day Services Program serves the most severely and profound individuals with disabilities. We might need to help them with toileting, ambulation, communication. We have about 100 individuals in this program. Then, Behavioral Services, helping individuals cope with some of the challenges that they have been dealt with. Our depth of service, we have over 88,000 hours of service through our Child Life Center to all the children that are enrolled. It is a very successful service. About 50 percent of the kids who are deemed at risk, or in need of special education services have a reduced or limited need when they get out of our program. So, it works. It really does. Successful Transitions is a partnership with the EVSC, and we provide counseling assistance and support to over 50 students a year. Day Services, I mentioned about Day Services, sometimes you know we take the everyday things for granted. This is what we do in helping them become more independent, whether it be feeding, toileting, ambulation, helping them learn how to communicate in various ways, not just with computers, but maybe sign language and other different non-verbal communication methods. Then, as I mentioned, Connections For Life benefits over 65 non-profit agencies. We had over 600 hours of volunteer service in April of 2008 alone. So, you take away that volunteer benefit to the community and other non-profit agencies would suffer as well. Over 220 individuals work in the supportive environment of ARC Industries five days per week. We do provide transportation to and from, so it’s not like they have to figure out a way to get there. It’s really a great environment. A lot of people, if we happen to be closed for snow or anything like that, they’re calling, they’re ringing, and they’re wondering why they cannot come to work. They do contribute to the community through this service. Then Community Job Link, we have placed over 600 individuals in community based jobs since the inception. Now, Evansville ARC provides an average of 165,000 client days of service to over 675 unduplicated individuals each year. That’s a depth of service. So, we have individuals that are coming on a daily basis, six hours a day, and sometimes they stay in our program for over 20 years, 30 years, sometimes 40 years. This is a support system that these individuals really need. We become a second family, especially to those who came out of institutions and might not have any family. Deidra will talk about our funding sources and some of the challenges that we face in the coming months.

Deidra Conner: I get to talk about the fun stuff. As you can see on the screen in front of you is a pie chart that represents our sources of revenue for fiscal year ending June 20, 2007. You can see the big piece of the pie, 53 percent, represents revenue from ARC Industries. Amy mentioned that that’s our manufacturing facility, our sheltered workshop. It is a great source of revenue for us, but the majority of that revenue is spent on client wages and support systems that are needed to help make the client successful there. You can see the second largest source of income for us is state revenue, 28 percent. As little as ten years ago those two were reversed. The majority of our funding came from the state with other funding supplementing that. State revenue means primarily today, Medicaid, and I’m sure that means a lot of things in terms of funding cuts for you all, but also some other Voc Rehab, Title 20 type monies. Then we have a variety of other sources like growing our donor data base, individual contributors, great Corpsorate support, United Way, special events, those kinds of things. But, you’ll see one of the pieces of the pie on there is county tax support. That represents our role in the County Commissioners budget. We get $279,000 per year from the county. We have been getting that amount of funding for about 15 to 18 years, and we’ve been getting support through the County Commissioners budget since 1964. Do you want to help me here? This just gives you a little bit of a trend line on those sources of revenue. As you can see, at the top, the yellow line, ARC Industries again is our biggest piece of the pie in terms of gross revenue. It is a very cyclical, up and down source of revenue. We do not have our own product, we do packaging and assembly work for other companies, like Mead Johnson, Berry Plastics, folks that are very, very good to us, and very committed to working with us, but we ebb and flow with their work. Often we’re a job shop, one and done, and the current economic conditions make it even a little tougher. So, we are trying to grow that actively. It’s a great source of jobs for our clients, but also very challenging at times. You can see the red line and the trend there. State funding is flat or declining at a time when the needs of the individuals we serve continue to increase. The people we serve today are far more involved physically, emotionally, behaviorally than five years ago, ten years ago. Many of the people we serve came from institutions. So, the resource needs increase, in terms of providing those services, but funding is flat or declining. Then, you can see contributions, which is part of Amy’s job, starting to see some trend up there. Child Life Center tuition, and then the county support remains steady. Any questions about that? Here’s some of our funding challenges, which I’m sure are not new to you. Operating costs continue to go up, salaries, medical benefits, transportation costs, utilities, paying the Vectren bill, continue to increase, annually, as I’m sure yours are as well, while state funding is declining or flat. As I mentioned, ARC Industries revenue is very dependent on the local economy and on the manufacturing contracts that we have. There is a pending change in our Medicaid funding that is being proposed that could be very harmful to Evansville ARC. A proposal that would take about $500,000 to $700,000 away from our core funding, if that goes through. So, we’re actively working with FSSA, and the legislators on that issue. Then, of course, our United Way funding was challenged this year with a lower United Way campaign. So, lots of challenges ahead of us. Now, this gives a good illustration of why the county support is important, and also what it does. I’m going to have to take a little break here, Amy. We get $279,000 of county tax funding, which equates to approximately ten front line staff positions, with benefits. You can see, that through that, with a five to one ratio, that serves 50 clients in our Adult Day Program. Which has a multiplier effect in terms of moms and dads, siblings, grandparents that are continuing to work because we’re serving their individual with significant disabilities. If you compare that to the cost of that same service at an institution, a state facility where many of these individuals came from, the cost is ten times that. Because, we know for a fact the cost of that service per day at a state institution is $325, am I seeing that correctly, $225,000. So, for $279,000, we are getting, you are buying, and we are providing the same service that costs the state historically $2.8 million dollars. So, a pretty powerful testimony to community based programs, and a tremendous impact, it’s not just 50 individuals, but their families, their siblings, their parents. Why is Evansville ARC important? Well, you’ve heard a lot about what we do on an individual basis, in terms of the programs and supports. What we do is very important for the individuals we serve, without a doubt, and for their families to allow them to continue to have a meaningful life, to work in the community. But, we have a tremendous impact on Evansville as a whole. We provide a tremendous workforce, we provide a tremendous group of volunteers, through our Connections For Life program, and truly help make this community a better place. Now, if we have time, we have a testimonial, but I’m not sure if we have time. Do we have time? We have a couple of parent testimonials, maybe three minutes, that probably would tell you far more first hand the importance of what we do. Now, while we’re loading that up, do you have any questions that we could address about our program services, funding?

President Korb: What happens if you lose your half million dollars?

Deidra Conner: Well, I am fighting very, very hard not to let that happen. But, if that happens, quite frankly, we will have to look at programs being reduced, which ultimately people in this community with significant disabilities–

President Korb: Right.

Deidra Conner: –will not receive services. Which means if family members need to continue to work, they will go to a much higher cost of service; a nursing home, a state hospital, or return to some type of state institution.

President Korb: Right.

Deidra Conner: So, it will be very expensive for taxpayers in the long run, and very harmful to families and to the individuals.

President Korb: Great, are we ready?

Deidra Conner: No?

President Korb: I’m thinking the answer is no? Okay? If you would, bring those with your next quarterly report.

Deidra Conner: Sure.

President Korb: That would be great. Thank you. Any questions by the Commissioners? Any comments or observations?

Commissioner Nix: I’ve had the honor to serve on this board for three and a half years. It’s a great board. As I leave this job in six months, I would like to ask that I stay on over there. So, I was appointed as a Commissioner, but it’s a great group of people, and what they do for the community is unbelievable.

President Korb: Well, it’s like you said, I mean, the services that you provide are kind of the unsung heroes of our community. Without that service a lot of families are impacted in a negative way.

Deidra Conner: I guess, if I could say one more thing–

President Korb: Sure.

Deidra Conner: – about the Medicaid cut? I feel very strongly that Amy and I speak often for the people who don’t have a voice–

President Korb: Right.

Deidra Conner: –to speak. Whether that’s the families who are overwhelmed in taking care of their family member and trying to make their life work, or for the individuals we serve. This program, as Bill has seen first hand, is life changing for the individuals with disabilities. For the first time ever they are learning skills to help them become independent, to work in the community, to volunteer, and to feel like they have value. I think we all grew up with just an innate sense that we have value to the community. So, there is no doubt in my mind it would be incredibly devastating for the community and for these individuals if our funding was cut significantly.

President Korb: Sure.

Deidra Conner: So, we ask for your continued support as you go through the budget process, and sincerely want you to know how important your funding is to us.

President Korb: Great. Thank you for coming. Appreciate your hard work. Really, I do. Don’t feel bad if you want to leave. You’re more than welcome to do that. It’s kind of a pregnant moment there, not sure, do I stay, do I leave, what do I do?

President Korb: The next thing that I would like to do is I need permission to receive quotes for the demolition of the old jail. Mr. Rector?

Dave Rector: Dave Rector, Building Authority. Commissioner Nix and I have, as you know, been discussing this issue for years now, in fact.

Commissioner Nix: Three and a half.

Dave Rector: I think this week we’ve come, not this week, last week come to the realization that we may have some support in moving forward. In talking with Council, I believe that we can go ahead and at least receive quotes to actually determine what this project may cost us, instead of working off of estimates.

(Interrupted by Evansville ARC Power Point presentation.)

President Korb: Well, we’ll see you next quarter, kiddo. Okay.

Deidra Conner: Sorry.

President Korb: No problem.

Dave Rector: So, anyway, to do that the Building Authority, as owners of the facility and the building, with the Commissioners and the county having this space in the county funding that we need a motion for you guys to request us to proceed to receive quotes on that project.

President Korb: Sure, David, for the benefit of the folks that are watching this at home, give them the 10,000 foot overview of what we’re talking about, the second and third floor of the old jail here in the Civic Center, can you do that for us, please?

Dave Rector: It’s the second and third floor of the old jail, 31,000 square feet, and it is just the old jail. It’s used for nothing more than storage right now and three cell blocks that the Sheriff uses for holding prisoners before they go to court hearings, anywhere from 20 to 90 prisoners a day. That area would still be used for that purpose, we’ll wall that off so that it isn’t interfering with any of the construction demolition. Then we’ll start with a complete new open shell that, hopefully, we’ll get better bids on at that time for a build-out of offices, conference rooms, whatever you all may decide.

President Korb: So, the goal is to demo this thing all at one time?

Dave Rector: Yes, it is.

President Korb: Okay. Alrighty, gentlemen?

Commissioner Nix: I make a motion we take the advisement of the Building, or the Building Authority to move ahead with this, to seek bids.

Commissioner Tornatta: Second.

President Korb: Discussion? A motion has been made and seconded. Hearing no discussion, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign.

President Korb: We also need an appointment to this committee, is that correct?

Commissioner Nix: I guess, for the prevailing wage.

Dave Rector: To the prevailing wage committee, we’ll need an appointment. As owners we make a representative appointment, and then you as Commissioners also do.

President Korb: Is that something you’re going to contact this individual and bring it back to us? Or do you need approval on that today?

Dave Rector: What I’ll, if you can make the motion to approve him, I can then send a letter to the state listing our representative, your representative, they have three representatives, and then they’ll convene the meeting sometime in the next few weeks.

Commissioner Nix: I move that we appoint Howard Williams to the board.

Commissioner Tornatta: We would like to do that for one year, though.

Commissioner Nix: Yeah, I would like to make that recommendation, or that motion.

Commissioner Tornatta: I’ll second that.

President Korb: Great. We have a motion on the floor and a second. Any discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. I hope that Howard is expecting his letter in the mail.

Dave Rector: Howard has served before–

President Korb: Great.

Dave Rector: –as our representative and I hope will also serve as yours. Thank you.

President Korb: Good. Thank you, David. Appreciate it.

President Korb: The next action item is the request to close the 7200 block of Ridgeway Avenue for a neighborhood block party. This for Saturday, July the 5^th for the neighbors to shoot off fireworks display. Resident Scott Anderson is here. Scott, how are you?

Scott Anderson: Good, sir, how are you?

President Korb: Good. State your name for the record please.

Scott Anderson: My name is Scott Anderson.

President Korb: Okay, and why are you here?

Scott Anderson: Again, this is about the sixth year that we’ve actually had this block party. This is the, I believe, the third year that we’ve gone through the County Commissioners office to actually get the approval to get it closed. Again, the sixth year we’ve had it. We’ve had no incidents, and it’s been a great time. We had about 275 people last year. A little down from prior years, but, you know, we’ve had upwards of 300-350 people out there. So, it’s a lot of fun and a good chance for everybody to get together.

President Korb: Are we invited to come?

Scott Anderson: Actually–

President Korb: Or do we have to have a house on the street?

Scott Anderson: No, no, anybody can come. Actually, Jonathan Weaver was down there last year, and he had a great time.

President Korb: Okay, great. I need a motion.

Commissioner Nix: I guess, all the insurance, all the paperwork is in place?

Scott Anderson: Yeah, well–

Commissioner Nix: For the record.

Scott Anderson: I talked with Ted Ziemer this year a little bit, and starting I believe it was last year, we, the county started requiring us to carry an insurance policy in the amount of a couple million dollars. Again, we secured that this year.

President Korb: Okay.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: A motion has been made and been seconded. Discussion? Hearing none, let’s vote on this. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Have fun. We’ll see you on the 5^th.

Scott Anderson: Thank you very much, guys.

President Korb: Yeah, please be careful. Thank you.

Scott Anderson: Thank you.

President Korb: Appreciate it, Scott.

President Korb: Next item is contracts, agreements and leases. We have the Commissioners, the Old Courthouse special event lease agreement with the Kraftwerks, Inc. This is an events lease agreement for Kraftwerks for the fall of 2008, except for covering only the fall event, because there was no spring event this year. This agreement is exactly as it was a year ago.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

President Korb: A motion has been made and seconded. Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The next item is the Sheriff, an agreement for professional services for a dentist for the jail inmates. Sheriff Williams if you would like to come up and elaborate on that for us, please. Since you failed to bring this up in your department head report, I thought we would go ahead and get the scoop.

Eric Williams: Well, you just got through telling everybody, if you’re going to say the same thing twice, don’t say it.

President Korb: That’s right. It’s efficiency, Sheriff. It’s efficiency.

Eric Williams: That’s right. I’m all for that.

President Korb: There you go. What’s your name, please?

Eric Williams: It’s Sheriff Eric Williams.

President Korb: Thank you, sir. State your business.

Eric Williams: Basically, we’ve negotiated a contract with a local dentist who will begin providing services inside our facility.

President Korb: Awesome.

Eric Williams: Which keeps us from having to transport prisoners. It’s savings all the way around. I think the dollars saved will even be realized, not to mention the money we save in fuel and security and all the other things. We’re very comfortable, and we think we’ve got a good deal worked out.

Commissioner Tornatta: And, she has been in the process before.

Eric Williams: She worked for the dentist–

Commissioner Tornatta: Right.

Eric Williams: –we have taken our inmates to–

Commissioner Tornatta: Right.

Eric Williams: –for the last 17 years.

Commissioner Tornatta: Yeah.

Eric Williams: So, she used to be an employee of theirs. So, she’s very familiar with our client base.

Commissioner Tornatta: Yes.

President Korb: Okay. During services provided there will be a deputy on duty?

Eric Williams: It’s inside the jail.

Commissioner Tornatta: It’s inside.

President Korb: Right, I know that, but, I mean.

Eric Williams: Our normal guard routine, we’ve always got somebody in the medical office anytime any kind of activity is taking place.

President Korb: Great. Good deal.

Eric Williams: She’s very comfortable with the environment. She brings her own assistant.

President Korb: Right.

Eric Williams: We provide the equipment. So, it’s, I think it’s a good deal for us. The worst case is it doesn’t work out and we go back to what we’re doing today.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign.

Eric Williams: Thank you.

President Korb: Thank you very much. The next item of business is the Health Department, the ISDH lead poisoning prevention grant amendment number six. This amendment increases the amount of the grant by $60,000 to a new total of $126,664. Under this amendment payments shall not exceed $29,839 for the period of July the 1^st, I’m sorry, that can’t be correct. It says July the 1^st of ‘06 through July the 1^st of ‘07. Am I missing something?

Ted C. Ziemer, Jr.: I think so. Actually, it’s spelled out that there is a certain amount that can be spent between ‘06 and ‘07, another amount between ‘07 and ‘08–

President Korb: And then $60,000 through–

Ted C. Ziemer, Jr.: –and a final amount between ‘08 and ‘09.

President Korb: There we go. Okay. So, I need a motion with that, please.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Korb: A motion has been made and seconded. Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. The next item is the County Engineer with the ESRI maintenance quote. This is a maintenance quote which also serves as an agreement for an updated software for the County Engineer at a cost of $700. What a deal that is.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. The last item of objectivity here is the Emergency Management Agency, an amendment to the Pease agreement for repair of mobile emergency operations center. The amended agreement between the county and John Pease adding work to be performed under his original contract, and increasing the not to exceed compensation amount to $6,500, from the original amount of $5,000. The compensation provided for under this contract is from the grant from the Indiana Department of Homeland Security.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Korb: A motion has been made and seconded. Discussion? Seeing none, hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

President Korb: We move on to department head reports. Mr. Ziemer?

Ted C. Ziemer, Jr.: Okay, thank you, Mr. President. We have one additional contract about which I have advised the Commissioners, it’s with Amec to provide archeological oversight in connection with the proposed improvements to Burkhardt Road, and it’s for a total cost of $900. They have adequate insurance and it’s satisfactory for execution from a legal perspective.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

President Korb: A motion has been made and seconded. Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Anything else, Mr. Ziemer?

Ted C. Ziemer, Jr.: No, sir.

President Korb: Did you get the bids open?

Ted C. Ziemer, Jr.: I could do that.

President Korb: Well, you want to talk about that while you’ve got the mic.?

Ted C. Ziemer, Jr.: I would be happy to. We have two bids for the Old State Road culvert construction. The first is from BMB Company, and the bid is $54,097. The second bid is from CCC of Evansville, and the bid is for $64,357.

Commissioner Nix: I move we take the bids under advisement.

Commissioner Tornatta: Second.

President Korb: A motion has been made and seconded. Discussion? Hearing none, all those in favor of taking the motion under advisement say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Mr. Ziemer, anything else? Great, thank you.

President Korb: The next item is Mr. Stoll. John, are you ready? Good evening.

John Stoll: I’ve got a couple of permits that need to be signed for the Green River Road project. They are the IDEM permit and the Corps of Engineers permit. If we can get those submitted, and , hopefully, get the permits here in the near future. So, I need your signatures on that.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: A motion has been made and seconded. Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: The other item that I have is a request for an administrative settlement to acquire parcel 15 on the University Parkway project. This is owned by the Kulenkamps. They have requested an increase of $2,100, which would make the total offer amount $6,900. The reason for the increase request was due to a discrepancy in regard to what the existing right-of-way was. So, I would request that this be approved.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Korb: A motion has been made and seconded. Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: That’s all I have.

Commissioner Nix: Just one question, Cross Pointe, the start date? Any idea right now? I know we have some people in the audience that are probably interested in the date on that. I don’t want to pin you down here right now.

President Korb: Sure you do.

John Stoll: The last–

Ted C. Ziemer, Jr.: Well, actually, it has started.

Commissioner Nix: The process yes, but as far as turning dirt.

President Korb: There’s still a crick in the road there though, Ted.

Commissioner Nix: I want to see some dirt turned.

John Stoll: When we had a pre-construction meeting a couple of weeks ago, they indicated that it was going to start this week. I haven’t followed up with Bernardin Lochmueller as to when the exact start date would be. I don’t believe it’s started yet, but I’ll find out and let you know.

Commissioner Nix: Thanks.

President Korb: My question for you, John, is where are we on the bid letting process for Green River Road?

John Stoll: These two permits are part of what we still need to acquire. An amended DNR permit has been requested. We still have probably about, I’m going to guess eight or ten right-of-way parcels to secure. If we could get the environmental permits approved, if we don’t have all the right-of-way secured at that date, we could go ahead and probably bid it with some exceptions on the right-of-way and just write in the contract that the contractors couldn’t get on those parcels until they were notified by the county.

President Korb: Is DLZ far enough along with the plans?

John Stoll: They submitted last week, or late the week before, a 95 percent complete set. They submitted a draft set of specifications as well.

President Korb: Great.

John Stoll: So, things have been moving along real well from the design perspective. It’s just the right-of-way and the permits are the main issues at this point.

President Korb: And, I’m assuming that’s at a pace we can’t control?

John Stoll: The right-of-way is somewhat out of our hands. If we come to an impasse, we’ll have to turn it over to Ted’s office to condemn.

President Korb: Okay.

John Stoll: And, typically, it’s three to four months before we’ll have a right-of-entry on to the property if the condemnation process is started. So, that will probably control things more than anything. But, given the fact that we could still bid it with making note of which parcels of property the contractor can’t get on, that might still allow for August and September time frames, assuming we don’t run into problems with the permits.

President Korb: For bidding you mean?

John Stoll: Correct.

President Korb: Then, once that process starts, we’re looking at two, to three, to four weeks?

John Stoll: Once you approve the notice to bidders, then it’s roughly a month until we open the bids.

President Korb: Okay.

John Stoll: And, I met with Bernardin Lochmueller today in regard to the Corps of Engineers and IDEM permits, and they felt like it would be fairly straight forward. There wasn’t anything unique about these permit applications. So, they thought that stood a good chance of getting approved. But, they said they are individual permits, not general permits, so, that could drag things out as far as times are concerned.

President Korb: Would you keep us updated on that, because the three of us, obviously, have a vested interest in that.

John Stoll: Sure.

President Korb: Okay, great. Thank you, John, appreciate that.

Commissioner Tornatta: We have an inspection contract coming our way?

John Stoll: I’ve got a draft. Ted has okayed the language from a legal perspective. I was working on today reviewing the fees, and I’ll send you an e-mail that I send back to the consultants. I’ve got, they sent me the fee justification, and I’ve got some questions about that. So, I’ll copy you on what I send back to the consultants and try and get that resolved. But, hopefully, by, I guess, the next meeting is July 1^st, so, either July 1^st or July 15^th meeting we can have that resolved as well.

President Korb: Yeah, we do have a meeting on the 1^st of July. Okay, great. Thanks, John, appreciate that. Anybody else for John? Nope, that’s it? Mr. Heck, do you have anything for us, real quickly? Yes, no? Great. Mr. Duckworth?

Mike Duckworth: Good afternoon, Mike Duckworth, Superintendent of the Vanderburgh County Highway Department.

President Korb: Congratulations to your daughter, by the way.

Mike Duckworth: Thank you, thank you. I appreciate that.

President Korb: You’re welcome.

Mike Duckworth: I’m here tonight to ask for permission to move forward on a purchase/trade-in allowance that I have for a tractor. As you know, this time of the year we’re in the middle of cutting right-of-ways and doing ditch work, and, of course, we’ve had our share of break downs. This one piece of equipment is a New Holland tractor. The New Holland Company that we purchased this from has relocated to Indianapolis, or near Indianapolis, and, so, every time something goes wrong with it, to get the diagnostic done, we have to transport it to Brazil, Indiana to get it done. To be real honest with you, I’m done with doing that. It takes too long, and parts, and it’s just one break down after another. With that respect, I have gotten a couple of prices, one from, two prices from companies that had these types of equipment available. That’s one of the problems is that you can’t find the availability this time of year, because they’re going off the shelf as quick as they make them. One was out of Rentals Equipment out of Indianapolis, and Stone and Stemle out of Evansville. I got prices, and Stone and Stemle was the low with a difference of $38,649. I’ve made a request and talked to you personally about this in regards to us needing to get that piece of equipment here and operative as soon as we can so we can catch up on our mowing of the right-of-ways. With this rain and all those conditions that are adding to the problems, it’s getting a little shaggy out there. So, I would like for your permission to move forward with this purchase. We have the money secured in our budget. It wouldn’t take any Council action.

President Korb: You’re relieved by that, I’m sure.

Mike Duckworth: I’m sorry?

President Korb: You’re relieved by that, I’m sure.

Mike Duckworth: Well, you know, they’ve got their job to do and I’ve got mine.

President Korb: There you go.

Mike Duckworth: So, I just would like to move forward and secure this equipment so that we can continue with getting these right-of-ways mowed.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: A motion has been made and seconded. Discussion? Hearing none. I’m sorry, what type? Yeah, hang on, what type of–

Mike Duckworth: It’s a John Deere 6430 tractor.

President Korb: Great. That means it’s green?

Mike Duckworth: It’s green.

President Korb: Sweet. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

Mike Duckworth: This will ensure that–

President Korb: We won’t get anymore phone calls?

Mike Duckworth: –the one piece of equipment that we have, that if it breaks down we can take it to the local vendor and get it fixed and get it back on the road as quick as possible. The only other thing I want to point out to you is that we did get a renewed cost, or the new cost of bituminous material today. Debbie Spalding forwarded that to me. It has gone up to far exceed what we had planned for. I’ll be bringing a report back to you to tell you what kind of impact that’s going to make. We had estimated a high figure of $55 a ton, and it looks like it’s going to be somewhere between $60 and $65 dollars per ton.

President Korb: Wow! Okay.

Mike Duckworth: I’ll get that report back to you probably by the next meeting.

President Korb: Great.

Mike Duckworth: Thank you.

President Korb: Thanks, Mike.

President Korb: Good evening.

Debbie Spalding: Along those lines–

President Korb: Whoa, whoa whoa. State your name.

Debbie Spalding: Debbie Spalding.

President Korb: Thank you.

Debbie Spalding: The Purchasing Department. I would like to ask for permission to advertise for surfacing materials. We did hear from two of the companies that now supply that, and they have gone up approximately $20 per ton. So, we would like to get your permission as soon as possible to advertise for surfacing materials. I apologize I didn’t make it on the agenda.

President Korb: That’s not a problem. I don’t have a problem with that.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Korb: A motion has been made. Discussion? Hearing none. All those in favors say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. Thank you, Debbie, appreciate it.

Commissioner Nix: We spoke a couple of weeks ago about another source for 53 stone and twos. Have you had a chance to look into that at all? I probably should have called you on that.

Debbie Spalding: I made a couple of calls, and the person that I needed to speak to wasn’t available at the time.

Commissioner Nix: Okay.

Debbie Spalding: I did speak with the City BPW and they were, had some concerns about the quality.

Commissioner Nix: Okay.

Debbie Spalding: Because they would use that gravel in alleys. So, I’ll talk to you about it later.

Commissioner Nix: Okay, it will pass state specs is what I’ve been told. So, I mean, I think there’s an opportunity there to save some money.

Debbie Spalding: Okay. Thank you.

Commissioner Nix: Thanks.

President Korb: Great. Thank you. Any other department heads out in the audience? Seeing none.

President Korb: Steve Craig, I haven’t forgotten about you. You’re last. Come on up. Coming before us now is a guy that doesn’t get a lot of atta boys and pats on the back, but I tell you what, he’s done a tremendous job for us out at Burdette Park, and that’s Steve Craig. Before you start to speak, I wanted to read a letter and present you with a plaque, that I think is kind of important, and certainly cool. This was addressed to us, and we received it on June the 3^rd.

“I am delighted to designate the Burdette Park-University of Southern Indiana Pedestrian Bicycle and Nature Trail as a National Recreation Trail. The Burdette Park-University of Southern Indiana Pedestrian Bike and Nature Trail is a fine addition to the National Trail System. It joins 23 other newly designated NRT’s across the United States.”

Translation, we’re one of 24 to be recognized in the country, which is awesome.

“ We are very proud of the NRT’s and the spirit of partnerships that they represent. On Saturday, June the 7^th – “

They’ve already done this–

“–tens of thousands of Americans will observe the 16^th anniversary of the National Trails Day. I’ve enclosed your certificate and designation that’s signed by me and the Director of the National Parks Service. A set of new trail markers will follow by mail. Congratulations, and thank you so much for your commitment to providing outdoor recreational and physical fitness opportunities to Americans of all ages.”

Steve, if you would, I would like for you to come up and accept this plaque, take it back to your office and hang it proudly. Again, this is coming to us from the United States Department of the Interior, which is a pretty big deal, but I understand that you are the one who applied for this. So, you continue to exceed everybody’s expectations, which is awesome. So, congratulations.

Steve Craig: Thank you.

President Korb: You’re very welcome.

Commissioner Nix: And, no, you don’t get a raise.

Commissioner Tornatta: That’s a Council deal.

President Korb: Yeah, we are not the bad cops. We are the good cops.

Commissioner Tornatta: We’ll send it through.

President Korb: Yeah. Now, you are permitted to go ahead and give us your department head report.

Steve Craig: Well, first of all, I would like to thank all three of you Commissioners, because the U.S. Department of Interior cited that the visionary partnership between the county and the university is what made this happen. A lot of good ideas come up, and not all of them get implemented, but you three Commissioners have been the spark behind this. Without your cooperation and your visionary insight into what a trail like this can bring to a community, we wouldn’t be getting this. I mean, I’ve come up with a lot of good ideas, and some bad ones in my life, it takes the cooperation of everybody backing this to make this work. This is from the work of you three guys, and some Commissioners that preceded you. They were interested in it too. They were, you know, members or partners in it, and I don’t think I could say anything better than what USI President Ray Hoops said when he was told about it, because he’s been a big part of it too. But, I’m going to quote him, because I can’t say it any better. But, he said, “Anything that gives students an opportunity for exercise or a place to recreate is a good thing. We think the tie in between a very beautiful park and a beautiful campus is a good thing also.” And, that’s what we’ve done, we’ve tied a beautiful park to a very beautiful university, and I think it’s going to be something that the people of Vanderburgh County will use for years to come. I just want to thank you three, because you’re the reason that it happened, plus the other Commissioners before you that worked on it.

President Korb: Great. Thanks.

Commissioner Tornatta: Steve, not to get away, I don’t know if you’re done, but how are park revenues?

Steve Craig: We’ve been doing real well. The aquatic center has been doing good because of the weather. Of course, if it’s hot and sunny we do real good, and if it’s cold and wet, we don’t. We’ve had some areas that have slowed down. The campground, I’ve noticed that the RV section and that has not been as crowded as what I’ve seen in the past. It probably has something to do with them getting four and five miles to a gallon of gas.

President Korb: You bet.

Steve Craig: So, you know, I don’t know if people’s out RV’ing and that as much as they did, but as far as attendance in the park, the park’s been packed.

President Korb: Great.

Steve Craig: We’ve had good weather, and everything’s been right. You know, we’ve had good crowds everywhere, except with the exception of maybe the RV camping.

President Korb: Chalet rentals are strong?

Steve Craig: They’re good. They’re not as strong as they can be. A lot of our people that visit our chalets are from different states and that, and I think that people are, you know, not traveling quite as much.

President Korb: Okay. Great, anything else for us?

Steve Craig: No.

President Korb: You’re not going to tell us about the toucan? Come on, you’re killing me.

Steve Craig: Oh, yeah. We do have a new toucan at the pool for all the kids. A toucan is a very large bird, and they can climb in the back side of him and come out the front side of him.

President Korb: But, not large enough for me to squeeze down and go, because I tried that and it didn’t work real well.

Steve Craig: We may get stuck if we go down it.

President Korb: Okay. Yeah, it’s ugly.

Commissioner Nix: I don’t even want to think about that.

President Korb: Me and my Speedo.

Steve Craig: That’s what I don’t want to think about.

President Korb: That’s scary. That’s all you’ve got for us?

Steve Craig: That’s it.

President Korb: Great. Thank you. Oh, here’s the letter for this. If you would take that too, you might want to frame that. But, again, thanks for all you do out there. It’s kind of a quiet thing. Congratulations.

Steve Craig: Thank you.

President Korb: Any other new business to appear before the Commissioners tonight?

President Korb: Any old business to appear before the Commissioners tonight?

President Korb: Any public comment?

Madelyn Grayson: There’s a gentleman in the back.

President Korb: Yes, sir? Come on. If you would, just state your name for the record, please.

Ron O’Hara: My name is Ron O’Hara. I live at 18025 Old Henderson Road. It’s formerly known as part of the 48 lock and dam system. In 1978 the Army Corps of Engineering closed it and sold it. When they did, they left an access road down behind the old houses that is down there by the dam house. I have a fellow that is, he owns property on both sides of me, and he’s took to blocking that access road. I’ve talked with the Sheriff. I’ve talked with several people in the permits office, and I was told that because Vanderburgh County owns property on either side of me, that you gentlemen were the people that could clear up the right-of-way issues, and that we could either get permission to install some new driveways at my expense, or that we could possibly get these road obstructions removed. I kind of have a package for you guys of pictures of it showing the property lines, the blockage, and ownership of our piece of property. It has a plot plan from Brenda Hill, who was instrumental in telling me that she believes that this road block runs behind our houses acts an access road. I just have been told that you are the fellas that could bring an end to this problem. I need to find some sort of relief.

President Korb: Great. Do you want to bring your packages forward, please, and present those to us. Sheriff, are you aware of this situation?

Eric Williams: I know exactly where it is.

Commissioner Nix: Oh, I do too.

President Korb: Ron, Gloria J. O’Hara is?

Ron O’Hara: Is my mother, and she’s actually the property owner.

President Korb: Okay.

Ron O’Hara: I’ve included in there my power of attorney–

President Korb: Right.

Ron O’Hara: –to do business in her behalf.

President Korb: But, she’s blind.

Ron O’Hara: No, she’s disabled.

Commissioner Nix: Now, do you own the building–

President Korb: Oh, okay.

Commissioner Nix: –the old dam office?

Ron O’Hara: No, I don’t own that building. I own one of the dam houses. It’s, in the pictures, I couldn’t get them in color for you, but the old dam building is owned by Dave Reese, and then the picture of the house that has, underneath the old dam building is my home. Then, you’ll see pictures of the road and where it’s being blocked and the things he’s doing to create an unlikeable situation.

President Korb: So, he’s doing this on purpose?

Ron O’Hara: Yes.

President Korb: Why?

Ron O’Hara: I have no clue.

President Korb: It’s not his property? Do we know this?

Ron O’Hara: Well, he does own property on both sides of me. He does own the dam house, and I’ve seen a quit claim deed for the dilapidated house on the other side of me that has no roof, no windows, no doors. It’s just boarded up, sort of.

Commissioner Nix: There’s a trailer here–

Ron O’Hara: That trailer is what he’s using to block the road with.

Commissioner Nix: Oh, okay. So, that’s the block?

Ron O’Hara: Well, he’s used railroad ties, dog pens, I’ve been told that it’s an access road, to unblock it, don’t worry about it, go on, but it’s gotten to a point where I don’t want violence.

Commissioner Nix: Excuse me, what’s the address again, sir?

Ron O’Hara: My address is 18025, which on the, in the very last picture here is an aerial picture that shows that access road that runs behind the house. I’m the large house in the center of it there. I did go down to the plots and records and quit claims deed office down there and got a copy of the sale of the dam property during 1978. On the second page of that quit claim deed, it says that “this conveyance is subject to all existing reservations, easements, rights recorded, unrecorded for public highways, roads, railroads, pipelines, drains, sewer mains and lines and public utilities, if any, including but not limited to the following”, and their right to flood the land. We do have a series of telephone poles...okay, I own the house in red right there.

Commissioner Nix: That’s your property?

Ron O’Hara: That’s my property there.

Commissioner Nix: Okay, and this road going through you say is apparently a public easement or a county road?

Ron O’Hara: Right there, that road goes all the way around.

Commissioner Nix: Is there a county road there?

Ron O’Hara: I can’t tell if it’s a county road or what it is, that’s why we needed to come before you–

President Korb: To determine that?

Ron O’Hara: –to determine it.

President Korb: Sheriff?

Eric Williams: It would be your call if it’s a county road or not. If it’s a county road I’ll unblock it.

Ted C. Ziemer, Jr.: John? John Stoll is here, he’d be the man to address that.

John Stoll: As far as we know it’s not a county maintained road. It was a private drive. I don’t know of any right-of-way for it. As far as I know there’s no name for it either.

Commissioner Tornatta: Okay. John? On an instance like this, in the past, how have we addressed it?

John Stoll: Ted might be able to answer that better, but if it’s, I guess, whenever I got a phone call asking about additional driveways, I didn’t see a problem adding an additional driveway out on Old Henderson Road to provide access to it, but if somebody blocked a private drive, I guess, my assumption was that it would be a civil matter between–

Commissioner Tornatta: Right.

John Stoll: –the person who’s been denied the access versus the person who had blocked the access. Ted might be able to address that better.

Commissioner Tornatta: How many property owners, I mean, we see quite a few lots.

Ron O’Hara: Vanderburgh County owns most of them. The second lot from the bottom of the picture is a dilapidated house, then Vanderburgh County owns the next two lots, and then they own the next group of lots.

Commissioner Tornatta: Then you own the next lot?

Ron O’Hara: Then I own the red, the area in red.

Commissioner Tornatta: Right.

Ron O’Hara: Then Vanderburgh County owns the rest of the area, all the way down to the lock and dam.

Commissioner Nix: Were you told that that’s some type of an easement up through there?

Ron O’Hara: Yeah. I took, on the last pages of the, it’s the second from the last page of the package I gave you, I went down and looked up the quit claim deed for the sale of the lock and dam. On the second page there is where I take it that it says that it’s, whether it’s a recorded road or unrecorded road, that road was there prior to the sale in ‘78. You know, I kind of contend that it should be a road for all time. I mean, it’s there.

Ted C. Ziemer, Jr.: Sir, that clause, your talking about the one that starts out, “this conveyance is subject to”--

Ron O’Hara: Right.

Ted C. Ziemer, Jr.: –“any and all existing”? That is simply saying that if there is an existing roadway there, or an existing easement for a roadway, then this conveyance is subject to that. But, this conveyance does not create easements or roadways. So, it needs to be there by virtue of some other document for this to mean anything.

Ron O’Hara: Okay.

Ted C. Ziemer, Jr.: This is simply saying, if there is an easement there for a roadway, this conveyance is subject to that, but it doesn’t say whether or not there are any easements there. Who, is the part, you say you’re the lot in red, right?

Ron O’Hara: Yes, sir.

Ted C. Ziemer, Jr.: So, part of this drive runs through your lot, right?

Ron O’Hara: Yes.

Ted C. Ziemer, Jr.: Then, he is, he owns on either side of you?

Ron O’Hara: Yes, sir.

Ted C. Ziemer, Jr.: So, what he doesn’t want you to do is to drive on to his lot on either side of you on this right-of-way, is that correct?

Ron O’Hara: Right.

Ted C. Ziemer, Jr.: I guess, he doesn’t let anybody else do it?

Ron O’Hara: No, sir.

Ted C. Ziemer, Jr.: You do have access to Old Henderson Road from your lot, do you not?

Ron O’Hara: No, the only way that I have access to Old Henderson Road is to drive across county property on either side of the house.

Ted C. Ziemer, Jr.: Oh, I thought you owned the whole red piece there.

Ron O’Hara: I do own the whole piece in red there.

Commissioner Nix: There’s no drive off of Old Henderson Road then, is that correct?

Ron O’Hara: No, sir.

Commissioner Nix: There’s no drive? So, you’re only access then is through this? Is he putting stuff on, what’s the road to the, at the bottom of the screen there?

President Korb: That’s Old Henderson.

Commissioner Nix: Oh, it comes around there?

Commissioner Tornatta: I mean, my question would be, if we own then on the other side of this gentleman, what gives him the right to come on the county property?

Ted C. Ziemer, Jr.: He has no right to come on our property, but if this is not a dedicated roadway–

Commissioner Tornatta: Right.

Ted C. Ziemer, Jr.: –he can stop–

Commissioner Tornatta: Sure.

Ted C. Ziemer, Jr.: What is your name, sir? I’m sorry.

Ron O’Hara: Mr. O’Hara.

Ted C. Ziemer, Jr.: Mr. O’Hara? He can stop Mr. O’Hara from going on to his property–

Commissioner Tornatta: Right.

Ted C. Ziemer, Jr.: –on either side.

Commissioner Tornatta: So, essentially, what would need to happen, in a perfect world, is you would have an agreement with him and submit that to us to be able to use that road–

Commissioner Nix: I guess, the only–

Commissioner Tornatta: –as a private drive.

Commissioner Nix: You’re landlocked, basically.

Ron O’Hara: Yes, sir.

Ted C. Ziemer, Jr.: But, I don’t understand why he’s landlocked. You’re telling me that’s his property–

Commissioner Nix: There’s no drive on to Old Henderson Road.

Ted C. Ziemer, Jr.: Well, can’t we put one in? That’s what John says he doesn’t see a problem with that.

Ron O’Hara: My house is 40 foot wide, and the lot, I believe is 45 foot wide.

Ted C. Ziemer, Jr.: Oh, so you can’t.

Ron O’Hara: There’s not enough room on my lot, or, you know, according to the paperwork for me to put a driveway in. So, I would have to have permission–

President Korb: Janet, would you pull that up please?

Ron O’Hara: –to install a drive on county property.

Ted C. Ziemer, Jr.: There’s another possibility. You can acquire property by what we call prescription, which means that if it’s used for a certain purpose for over 20 years and nobody’s paid taxes on the property, you would have to contact your lawyer to see whether you have those kind of rights. It’s not something that we would advise you about.

President Korb: But, here’s my question. We’re looking at this, so, we’re looking at the very tip of this thing, on the bottom, and that belongs to the county?

Ron O’Hara: Yes, sir.

Commissioner Nix: That little pie shape?

President Korb: That little pie shape, and the next one belongs to?

Commissioner Tornatta: The county.

President Korb: The county, and then the third one belongs to?

Commissioner Tornatta: The county.

President Korb: The county. The next one belongs to your neighbor, is that right?

Ron O’Hara: The first one belongs to the county, the second one belongs to the neighbor–

President Korb: Okay.

Ron O’Hara: –the third one belongs to the county, the fourth one belongs to the county–

President Korb: And then that’s yours is the fifth one?

Ron O’Hara: –the fifth one is mine, the sixth, seventh, eighth, ninth and tenth ones all belong to the county.

Commissioner Tornatta: So, essentially, we could, he could access that off another, no, that wouldn’t work.

President Korb: Well, I guess, I don’t understand, first of all why he feels like he can block access to our property. Ted? Not that we use it, obviously, but.

Ted C. Ziemer, Jr.: He’s not. He’s blocking access to his property.

Commissioner Tornatta: Yeah.

President Korb: No, he’s blocking access to all of it, because the only entrance is right there off of Old Henderson Road, you come up that little spur and then you turn left, and now you’re on to this, I’m assuming this is the road that led to the old lock and dam building?

Ron O’Hara: Yes.

President Korb: Okay.

Commissioner Nix: At the top of the screen, is that a house?

Ron O’Hara: That is the power house and the stables for the old lock and dam. The road turns right there, right at the green line, and comes back out on to Old Henderson Road.

President Korb: Can you enter your property that way?

Ron O’Hara: No, if you look, on both directions in those pictures you’ll see that he has that blocked also.

President Korb: But, he doesn’t own property right next to yours, does he? He owns it on this side?

Ron O’Hara: No, he’s got it blocked on county property.

President Korb: That’s not my question. We’ve got your property, then we keep going up, that’s his property then?

Ron O’Hara: His property doesn’t start until the angled line at the top of the screen. The rest of those properties belong to Vanderburgh County.

President Korb: I mean, I’m obviously not a lawyer, but my feeling is that’s a public access road, exactly what you’ve said, and he’s blocking access to that, to the properties.

Commissioner Nix: But, it’s not a public access road. It’s privately owned.

President Korb: By?

Commissioner Nix: By us and by that land owner.

President Korb: And by him.

Ted C. Ziemer, Jr.: If I could make a suggestion, Commissioners?

President Korb: Please.

Ted C. Ziemer, Jr.: It’s not something we’re going to solve here today. I’ll be glad to, I mean, we’re not in the, the county’s not in the business of giving private legal advice, or engineering advice, for that matter. However, I will meet with Mr. Stoll, we’ll have this drawing in front of us and we will determine whether any of the county rights are being infringed upon. If they are, we can stop it.

President Korb: Okay.

Ted C. Ziemer, Jr.: If they’re not, we can’t. It’s that simple.

President Korb: Okay. That may not be what you wanted to hear, but we’ll start.

Ron O’Hara: Alright.

President Korb: We’ll try to figure it out.

Commissioner Tornatta: We need all your information. Do we have that? Ronald?

Ted C. Ziemer, Jr.: You mean addresses and phone number?

Commissioner Tornatta: Well, a phone number.

Ted C. Ziemer, Jr.: Is it all in this packet that you gave us?

Ron O’Hara: The address is and things, but not the phone numbers.

Commissioner Tornatta: If you want to privately give that to Ted.

Ron O’Hara: Sure.

Ted C. Ziemer, Jr.: Yeah, right, yeah, and your social security, no, I don’t want your social security number.

President Korb: And your winning Powerball numbers too would be helpful. Okay, great. Any other new business to appear before the Commissioners? I’m sorry, we did that. We’re old business, public comment?

Commissioner Tornatta: If we can, let’s mention that we are real close on the ATV wording. A lot of people are waiting to hear what we’re going to have as a county policy on ATV vehicles.

President Korb: Yep.

Commissioner Tornatta: So, we’re real close on that.

President Korb: That will be at our next meeting. Alright, no other comment.

President Korb: Consent items. Gentleman, we need approval for that please.

Commissioner Nix: So moved.

Madelyn Grayson: Excuse me.

Commissioner Tornatta: Second.

Madelyn Grayson: Commissioners?

President Korb: Whoa.

Madelyn Grayson: There was one document on there that we were under the understanding we were going to have written documentation for approval, and we’ve not received that yet.

Commissioner Nix: Do you know what that was, Madelyn?

Madelyn Grayson: The Building Authority approval of expenditures.

Commissioner Tornatta: Yeah, it’s not on there.

Commissioner Nix: Mr. Rector is standing in front of us.

Commissioner Tornatta: Oh, sorry.

Dave Rector: Do you want the long convoluted explanation of this?

Commissioner Nix: Give us the cliff notes.

Dave Rector: This is–

Ted C. Ziemer, Jr.: Excuse me, Mr. Rector, I don’t think, unless you want to, you need to go back, there is an agreement that was approved by the Commissioners and the Building Authority back in 2004–

Dave Rector: Yeah.

Ted C. Ziemer, Jr.: –that agreement provides that out of a fund that’s available, funds can be expended for improvement to the Civic Center premises subject to approval by the Building Authority and the County Commissioners.

Dave Rector: Right.

Ted C. Ziemer, Jr.: You already have approval for this expenditure, and for a particular purpose, by the Building Authority. I think all you need to do is advise the Commissioners what the expenditure is to be, and what it’s for, and then they can approve that or not.

Dave Rector: I think, maybe to make this simpler, in the future, although we haven’t done it in the past, after we get the request, my board approves it, I’ll send you guys a letter saying we’ve approved the request for this, for this amount of money, so you know what it’s about. Because, like Ted didn’t know, Bill didn’t know, Commissioner Nix and I knew what we were doing about it, but I think had we sent something it might have made it a little bit easier. We’ll do that in the future. What this is for though is an expenditure from this fund to pay for the rehabilitation, remodeling expenses to move the Assessor, the Township Assessors into the building now under the County Assessor in some space we’ve found on the second floor, and also then to move Adult Protection Services upstairs into the old EPD area, and turn their area over to Public Defenders. Just a little domino effect. This is the money to take care of outlets, tearing down walls, building walls, doors and that kind of thing. It will be approximately, what our board did was just not to exceed $15,000.

President Korb: Okay.

Dave Rector: We’re thinking the Assessor part is going to be about five, and the other is going to be about eight, and then there’s a little contingency.

Commissioner Nix: With Mr. Fluty’s help we were able to get everybody up on the second floor, appreciate your help on that, if we can get this to move forward.

Commissioner Tornatta: You had a motion and a second for consents.

Commissioner Nix: So moved. Oh, there is a motion and a second.

Commissioner Tornatta: There’s a motion and a second for consent.

President Korb: There is, a motion has been made and seconded. Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

Dave Rector: Thank you.

President Korb: You’re welcome. Congratulations.

Bill Fluty: But, with the exception of that, he has to provide paperwork for that? Is that what we’re doing? It’s on the record now?

Ted C. Ziemer, Jr.: Well, I think the minutes of the meeting actually can serve as the paperwork.

Bill Fluty: That’s what I want. Just so we have record.

Ted C. Ziemer, Jr.: Right.

Bill Fluty: When you have consent items, I need paperwork if somebody comes and asks what actually happened, I can provide that.

President Korb: Great.

Bill Fluty: I just want to make sure that is clear.

President Korb: Yes, sir.

Bill Fluty: Thanks.

President Korb: So, you just need to get that information from David, is that correct?

Bill Fluty: Well, it’s on the record now. So, that will work.

President Korb: Okay, great, good deal. Thanks. Gentleman, let’s have an adjournment, please. Whoa, whoa, come here, you get to do the gavel.

Commissioner Tornatta: Motion.

Commissioner Nix: Motion to adjourn.

Commissioner Tornatta: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: The motion passes, we’re adjourned.

(Gavel pounded.)

(The meeting was adjourned at 6:09 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the June 3, 2008 Commission Meeting Minutes.

Evansville ARC: May 2008 Report of Activities.

June 3, 2008 Department Head Meeting Notes.

Employment Changes:

County Highway (1)                  Treasurer (2)                            County Clerk (1)

Burdette Park (5)                      Pigeon Assessor (1)                 Co-Op Ext. (1)

Sheriff Office (1)                       Public Defender (2)

Travel Requests:

SWCD (1)                                 Auditor (1)                                 Health Dept. (2)

Commissioners (1)

Building Authority:

Approval of Expenditure from Special Projects Fund. (See consent items minutes.)

Auditor:

Barrett Law Lien Release: Mill Terrace Subdivision.

June 2008 A/P Vouchers.

Surplus Request: black metal roller table.

Continuing Disclosure Undertaking Agreements.

County Assessor: Surplus Request: 14 Dell Computers.

County Engineer: Pay Request No. 54: Green River-Burkhardt TIF Projects.

Health Department: Surplus Request: Various computer equipment & exam table.

Purchasing: Monthly Report: May 2008.

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer

Those in Attendance:

Jeff Korb                                   Bill Nix                                      Troy Tornatta

Bill Fluty                                    Ted C. Ziemer, Jr.          Marissa Nichoalds

Madelyn Grayson                     Deidra Conner                          Amy Mangold

Dave Rector                             Scott Anderson                         John Stoll

Mike Duckworth                        Steve Craig                               Debbie Spalding

Ron O’Hara                              Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Jeff Korb, President

Bill Nix, Vice President

Troy Tornatta, Member

(Recorded and transcribed by Madelyn Grayson.)