VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

JUNE 20, 2006

The Vanderburgh County Board of Commissioners met in session this 20^th day of June, 2006 at 3:32 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: Good afternoon. I would like to call to order the June 20, 2006 meeting of the Board of Commissioners of Vanderburgh County. We will start with introductions.

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.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

President Musgrave: Will you please join me in the Pledge of Allegiance?

(The Pledge of Allegiance was given.)

President Musgrave: I would like you to join me in observing a moment of silence for the death of a local, long term, elected official, Norman “Red” Mosby. Please join me in a moment of silence.

(A moment of silence was observed.)

President Musgrave: Thank you. Commissioner Nix, would you please read the resolution?

Commissioner Nix: Yes. First off, I would like to say that I’ve known Mr. Mosby, I guess, since I was a little kid and I went to high school with some of his children. I guess, I might be showing my age here a little bit, but, “Red” was always the kind of guy you could speak to about anything. I know he’s really going to be missed. Our thoughts are with his family, thoughts and prayers. I would like to read this now:

“Whereas, Norman W. “Red” Mosby served the public of Vanderburgh County as Perry Township Trustee for over 40 years, beginning in 1965, and; Whereas, “Red” Mosby was a member of numerous civic groups and a fixture of the community’s political and public life, and; Whereas, “Red” Mosby passed away at his home last Sunday, June 18, 2006, and; Whereas, “Red” Mosby’s son, David, served on the Vanderburgh County Board of Commissioners for four years from 2001 to 2005; Therefore, be it resolved that the Vanderburgh County Commissioners express their condolences to the family of “Red” Mosby and their respect for his lifetime of public service.”

President Musgrave: Thank you very much, and we’ll sign that and make it available for the family later today.

President Musgrave: We have on the agenda to approve the minutes of June 13, 2006.

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: Motion approved.

President Musgrave: The IEDC infrastructure application for Brake Supply. This application is to complete the process of applying to the state for a certain amount of money that, I believe it was $59,000, that the state is, has, I won’t say that they’ve said that they will give the money, but this application will be for that money, to assist Brake Supply in locating in the Vanderburgh Industrial Park. We need to sign this and send it in. So, is there a motion to adopt it so that we can send it?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: County Auditor, permission to advertise the notice of public hearing for the vacation of a drainage easement at 7145 East Virginia Street. They’re asking for permission to advertise now, and they will hold the public hearing at the July 11^th Commission meeting. Is there a motion for the permission?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: Next on our agenda, the City of Evansville has requested swimming passes for Burdette Park for the World Changers. Many of you will recall that the World Changers is a group of youth missionaries who come to Evansville and the city and work performing a ministry of assistance for repairs and painting and so forth to homes. Is there anyone from the city here who wishes to address this? I see no one. So, they’ve asked, again, I believe this is the third year for passes for those young people to go and swim at Burdette. I think this is a great plan. I love the work that they do in the community.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: County Engineer, permission to award the Cross Pointe Boulevard Engineering design contract.

John Stoll: The contract is with Bernardin Lochmueller and Associates. The agreement amount is $128,700. The agreement covers the design of the road between Virginia Street and State Road 62. That covers both the new alignment portions of the road, as well as the portions that will need widening.

President Musgrave: Is there a motion for approval?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: One thing, I was going to say, I was going to point out on that agreement too, the geo-technical work will have to be a supplemental agreement at a later date. They estimate that to be around $6,000, and once they get into the design, they will actually get the soils consultant hired to where they’ll get a more specific number. But, I’ll bring that back as a supplemental at a later date.

President Musgrave: Okay, thank you.

President Musgrave: The contracts, agreements and leases, the Health Department has the ADT security agreement for the new dental clinic, and a Dentrix software agreement for the dental clinic. Both of these have been reviewed. Unless there are any comments, we could take them both in one motion.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Mr. Stoll, I have you down again for the street plans for Section Six of Cross Pointe, and a revised change order.

John Stoll: Yes, I’ve got a revised change order on Lynch Road. This is for an increase of $4,721.27. This replaces the change order that I had you sign last week. Basically, the difference is that INDOT will not participate in the perforated pipe that was the main component of that change order. That means the county will have to pay the entire cost of that pipe, and that portion of the cost is $2,628.96. But, I would request that you go ahead and approve this revised change order.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: The other item is a street plan approval request for Section 6-C of Cross Pointe Subdivision. This involves the extension of Columbia Street east of Cross Pointe Boulevard, and it will curve around and tie back into Virginia Street approximately 450 to 500 feet east of Cross Pointe Boulevard. We’ve got roughly 800 feet of new road to be constructed. I would request approval of the street plan subject to the designer, who is Morley and Associates, providing some additional revisions that will provide some additional cover over some pipes at four locations, and subject to them providing a few extra drainage details that they’ve been made aware of.

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: That’s all I have.

President Musgrave: Thank you.

John Stoll: Thanks.

President Musgrave: Mr. Ziemer?

Ted C. Ziemer, Jr.: We have, pardon me, you caught me with my mouth full of chocolate. We have an ordinance to establish the, well, you’re going to cover that separately, so, let me find this. We have an ordinance which has been–

Madelyn Grayson: Ted, is your microphone on?

Ted C. Ziemer, Jr.: What? Maybe not. We have an ordinance which has been provided to you for amendments of Title 15 and Title 18 of the Code of Ordinances of Vanderburgh County. Title 15 is being amended to address manufactured mobile homes, and better securing those down and so forth, to make them better withstand tornado force winds. Title 18 is being amended with regard to flood hazard protection. You have been provided with copies of that ordinance, which amends both Title 15 and Title 18. It’s been recommended by Roger Lehman, the Building Commissioner, and we find it satisfactory for execution from a legal perspective.

President Musgrave: Now, the City Council passed this same ordinance last night?

Ted C. Ziemer, Jr.: Last night.

President Musgrave: So, we’re at least going to have a duplicate, I mean, an identical ordinance here. Did the ITAC ordinance come off the agenda?

Ted C. Ziemer, Jr.: No, but it’s just later on the agenda.

President Musgrave: Thank you. I’m not looking in the right place. Thank you. So, that will be two ordinances that we have on today’s agenda that perfectly mirror what the city action is going to take. Are there any questions? Or is there a motion regarding the mobile home ordinance?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: And, I will call for a roll call–

Ted C. Ziemer, Jr.: Right.

President Musgrave: –because this is an ordinance. This is the first reading of the ordinance, and we will have the second reading, and we will take comments next week, unless there is somebody here who cares to comment this week. Is there anyone here who cares to comment? I see no one. Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes. Thank you.

Ted C. Ziemer, Jr.: The next item has to do with a continuing disclosure report, which is required by the SEC Rule 15(c)2-12, in connection with the bond refinancings of April 30, 2003, September 15, 2003, and these are certifications regarding the information we were provided with by Umbaugh and Associates. This has to be signed by the Commissioners, also by a member of the Redevelopment Commission, also by a member of the Redevelopment Authority. I’ve reviewed the annual information which was provided by Umbaugh and copies of which have been provided to you. I can recommend that you can safely execute the certificates from a legal perspective.

President Musgrave: Is there a motion?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

Ted C. Ziemer, Jr.: Then, Madelyn, when those are signed by the Commissioners, then I need the two copies to get signed by the Redevelopment Commission and the Redevelopment Authority. Okay, thank you.

President Musgrave: New business, Bohannon Estates Barrett Law street improvements. We received a letter last week from engineer, Andy Easley, asking the Commissioners to consider your proposal for projects at the Bohannon Subdivision. Mr. Easley, do you have a presentation to make?

Andy Easley: Do each of the Commissioners have a copy of that letter? The, we have been working with the residents of Bohannon Estates for well over a year now. The pavement in Bohannon Estates, which is really badly alligatored and needs to be reconstructed, is 20 feet in width. I think Mr. Nix, we took him out to witness that. As the letter says, there’s many county roads that are much narrower than that, including Petersburg Road was measured at 19 feet, Heinlein is 16 feet, and Boonville-New Harmony is 20 feet, and we would like permission for the Barrett Law Project plans to improve the street in Bohannon Estates, which is a double cul-de-sac, it’s not a through traffic, to the width of 20 feet. That’s our request, so.

President Musgrave: Thank you. Does the engineer have any comments to make? No. Commissioners, do you want to take this under advisement, or take action today?

Commissioner Nix: I’ve had a chance to look at it, and I would like to maybe take it to a vote.

President Musgrave: Okay. Do you want to make a motion?

Commissioner Nix: I make a motion we approve.

Commissioner Shetler: I’ll second.

President Musgrave: Any discussion? All those in favor?

All Commissioners: Aye.

President Musgrave: Thank you, sir.

Andy Easley: Thank you very much.

President Musgrave: Old business, and this is where we find the ITAC ordinance. This is ordinance CO.06-06-010, establishing the governance structure for data processing/information technology. This is, again, a first reading. Mr. Ziemer, do you have any comments?

Ted C. Ziemer, Jr.: No. Except to say that we’ve been working on it now for nearly a year, and this represents, I believe, the best thought combined of the county and the city and certain county office holders, the Vanderburgh County judges, and I’m not going to say that it 100 percent pleases everybody, but it is satisfactory, I believe, to the Commissioners and to the City, so it’s ready for approval from a legal perspective.

President Musgrave: I know you’ve had numerous conferences to bring us to this point. Is there a vote, a motion?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes. We will have second reading and a final vote next week.

President Musgrave: We have come to the point in our agenda where we call for public comment. Is there anyone here to comment on a matter under the authority of the Commissioners? I see no one.

President Musgrave: We have some consent items. Is there a motion to approve the consent items?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: I believe we’ve completed the agenda. Is there a motion to adjourn?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

(The meeting was adjourned at 3:47 p.m.)

CONSENT ITEMS:

Employment Changes:

Knight Assessor (1)                  Pigeon Assessor (2)                 Health Dept. (2)

Prosecutor (2)                           Burdette Park (1)                      Recorder (1)

County Clerk (1)

Travel Requests:

County Assessor (1)                 County Engineer (1)                 SWCD (1)

Coroner (1)

Auditor: Continuing Disclosure Undertaking Agreement. (Bond Refinancing)

Commissioners:

Evansville ARC Monthly Report: May 2006

Taxpayer Comments on Smoking Ordinance.

Legal Aid: Monthly Report: May 2006.

Weights & Measures:

Monthly Report: 4/15-5/15/06.

Annual Report: 4/16/05-6/15/06.

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer                           Supt. Of Bldgs.                         Veterans Service

Those in Attendance:

Cheryl Musgrave                      Bill Nix                                      Tom Shetler, Jr.

Bill Fluty                                    Ted C. Ziemer, Jr.          Marissa Nichoalds

Madelyn Grayson                     John Stoll                                  Andy Easley

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Cheryl A.W. Musgrave, President

Bill Nix, Vice President

Tom Shetler, Jr., Member

Recorded and transcribed by Madelyn Grayson.