VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

JUNE 27, 2006

The Vanderburgh County Board of Commissioners met in session this 27^th day of June, 2006 at 3:34 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 27, 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 join me, please, in the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

President Musgrave: Is there a motion to approve the June 20^th Commission minutes?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: I would like to welcome Beth Lowery from the EARC to give your quarterly update presentation. You’re not Beth Lowery, I can tell that.

Theo Boots: I will give the report though.

President Musgrave: Alright. State your name, please, for the record.

Theo Boots: Okay, I’m Theo Boots, and I’m the Director of Development for ARC. We really appreciate the time today to give you an update, a quarterly update, about what we’re doing at ARC. I have some friends, I’m not going to talk a long time, which is good news. I know, Ted, you’re excited that I’m not going to talk a long time, but I’ve got some friends who are going to talk for me. What I want to tell you, I think most of you know that Evansville ARC helps individuals with disabilities in our community. We have since 1954. We started serving children because, at the time, there was no services for individuals with disabilities. So, we opened as a school, and we did that because of the need in the community. As we have grown, we have shifted what we serve, and who we serve, because the needs in our community have changed. Today we’re going to talk about a couple of programs that we provide that are serving our youth. So, right now I’m going to introduce Lyneve Scott, and she is our Coordinator of the Successful Transitions program. This is a program that we have in our high schools.

President Musgrave: Welcome.

Lyneve Scott: Hello. Thank you. Successful Transitions began about 2003, and it was partnered with the Evansville-Vanderburgh School Corporation. The program was developed to assist students transitioning out of high school into adult service programs, so there isn’t any delay in services. Currently I serve about 55 students. I assist those students, and their parents, in accessing adult service programs. Things like Social Security benefits, Medicaid/Disability, vocational rehabilitation services, the Bureau of Development Disabilities, which has the Medicaid waiver. I also help them pick providers for services. Say if they get approved for vocational rehabilitation, then they have to pick a provider, and sometimes they need help doing that. So, I help them do that. I help them access affordable housing, or apply into college, if that’s something that they, a goal of theirs. Also, I work with students who participate in the Transition program, we developed a second program, which is called Project TAP, and it’s a summer program. That is partnered with the Substance Abuse Council and the Evansville-Vanderburgh Wrap Around. We had developed this program because we decided that the kids that have developmental disabilities need more social skills and communication skills and just in various areas. The project, TAP, runs three days a week in the summertime. I brought some of the students here, they are in the back, they are here with me today because we’re in the middle of our program today. So, I think they are happy to be here. One of the students will speak in a minute. Some of the things that the kids are learning, well, of course, they have to learn about drugs and alcohol, because the Substance Abuse Council is involved. So, they do some prevention things, some communication skills, they are learning about nutrition, and self advocating, learning about safe dating and relationships, and cooking and life planning, all those good kind of skills that they kind of need to be successful in an adult environment. Some of the, I have speakers that come in throughout the sessions. We’ve had speakers talk about nutrition and germs and advocacy, and we had a DARE officer come in and they are going to participate this week in stress bingo. They also are going to enjoy the FOP camp. So, that’s the things that they are planning on doing. So, then we have a complete second summer session that will start in July. So, then I think Carmen Embry is here to talk about the Best Buddies program.

President Musgrave: Welcome, Carmen.

Carmen Embry: Thank you. Thank you very much. Thank you for allowing us to come this afternoon. If you’re not familiar with Best Buddies, Best Buddies is an international organization that was started by the Kennedy-Shriver family several years ago. This program is designed to assist individuals with developmental disabilities and developing relationships with students who are in college. We’ve tried for several years to get a Best Buddies chapter started in Evansville, and there has not been any funds nationally to do so. About a year and a half ago, they contacted us at ARC and said they were ready to look at the Evansville area to start a chapter at the U of E campus. We were so excited. The U of E students were so excited about doing this. We were looking at a very small program at first, maybe around ten to 15 students, and then matching them with individuals who need support services from the ARC. We have successfully matched 44 individuals at the University of Evansville–

President Musgrave: That’s wonderful.

Carmen Embry: –with 44 buddies. What happens is, these individuals are matched with people with similar interests. They get together one time a month, as a group, and do some kind of social activity, or attend computer classes at U of E. Then the buddies make a commitment to have weekly contact with the individual that is their buddy that they are matched with through Evansville ARC. The exciting thing about the U of E chapter was this was their first year, and they were nominated nationally to be recognized as the “Best New Chapter”. The U of E chapter was recognized with not only the “Best New Chapter”, but they were recognized as being the “Best Chapter”, because of the activities that took place on the U of E campus this year. Also, Diane Triplett, who is the, she is my cohort, she is the one that is responsible for the students at U of E, she received an award for the “Best Faculty Advisor”. So, the program was just quite successful this year at U of E. We started a chapter at USI as well this past winter. Because we were so busy at U of E with that many students, we wanted to keep it down a little bit. So, we stuck to ten student matches at USI. Some of the things that we’ve seen as a result of this is that naturally students at the university are learning about individuals with disabilities, and they are learning how to develop friendships and relationships with them. The folks that are their buddies are getting to be out in the community integrated, doing things with people that aren’t family, aren’t paid staff, that are people that just want to spend time with them. I want to introduce to you an exceptional young lady. Belinda has been involved in the Transitions program, she’s also in the TAP program, and she’s also a Best Buddy. This is Belinda Morrison, and I’m going to kind of ask Belinda to share a few things with you. Belinda, would you kind of tell them about some of the things that you’ve been learning in the TAP program with Lyneve this summer?

Belinda Morrison: I’ve been learning how to progress on how to learn how to cook. I’ve been learning how to, with food, how to profess with food, how to, nutrition. I’ve been learning about the, if you need help from the police officers, they’ll help you. And, I’ve been learning, that’s mainly it.

Carmen Embry: What are some of the things that you’ve really enjoyed doing with the TAP program this summer?

Belinda Morrison: Meeting new friends, and learning new stuff.

Carmen Embry: Okay. You’re also in the Best Buddies program at U of E. Tell me a little bit about your Best Buddy, Lindsey.

Belinda Morrison: Lindsey is 21. She goes to U of E. She is going home for the summer. She contacted me when we was, for my birthday, when I turned 19. She contacted me for my 19^th birthday and wished me a happy birthday. Then we went out to parks, we took pictures, and then sometimes we go to the mall.

Carmen Embry: You guys did some things around the U of E campus as well?

Belinda Morrison: Yes.

Carmen Embry: Okay. You graduated from Bosse High School, and what are some of the things that you want to do now that you’re out of high school? Do you want to find a job? Do you want to volunteer somewhere? What would you like to do?

Belinda Morrison: I would like to find a job. I would like to help people like me learn that they’re just as normal as everybody else in the world. If somebody has something to say rude, say like, “You’re gifted from God. You’re a special gift.”

Carmen Embry: That’s good. You have been involved in a lot of programs at Evansville ARC. Would you like to share with the Commissioners why it’s important for you to be involved in these programs?

Belinda Morrison: Well, it’s important for me to be in these programs, because if I was not in these programs, I could be at home being, doing nothing, just sitting there wasting away on the couch or in bed. Or I could be out on the streets doing drugs.

Carmen Embry: Okay. Is there anything else that you would like to share with the Commissioners today about what you’ve been doing?

Belinda Morrison: I think that, I hope Evansville ARC will get lots of more fundings, and I hope it will stay open for a very long time.

Carmen Embry: Thank you.

Belinda Morrison: Thank you.

Carmen Embry: So do we. Thank you.

President Musgrave: Thank you.

Commissioner Shetler: Thank you.

Theo Boots: I don’t need to say much more, do I? But, I just want to take the time though to thank you all for your support. Because programs like Best Buddies and Successful Transitions do not receive state funding. If we did not have funding from the Commissioners and from our private donations, we couldn’t be able to do that. So, individuals like Belinda wouldn’t be able to receive services. There is a parent who told me from Best Buddies that, they had a Best Buddy, and this was the first time that anyone had come to their home and picked their son up, other than a family member, to take them just out to eat. So, it is important for programs like ARC to help individuals integrate in our community. We thank you for your support.

Commissioner Nix: If someone’s watching today, how, and they want to give to Evansville ARC, what’s the different ways they can do, financially, or helping out?

Theo Boots: There’s many ways that you can help Evansville ARC. 428-4500 is our phone number. You can look us up online, evansvillearc.org, but more than just financial donations, which we are always looking for, but if you are an employer and you’re looking for someone, you need a good employee, we have many individuals out there looking for jobs. They really want to work. They just need an opportunity. Also, in the Connections for Life program, which Carmen also runs, we need sites out there. We have people who want to volunteer in our community. We have probably about, I’m probably going to get the numbers wrong, Carmen, but probably about 70 individuals who are volunteering now at over 100 different sites in our area. So, if you want to be a site that needs some volunteer work, we would look for that too. If you want to come to our daycare and read to our children, there’s just so many ways that you can help Evansville ARC.

President Musgrave: And that’s Evansville A-R-C dot org.

Theo Boots: Yes, correct.

President Musgrave: I know that we will be including your budget request in our budget to Council this year, as the Commissioners have done every year for quite a long time. So, I hope that the students aren’t worried that the Commissioners are putting anything to change in our budgets. So, we’re looking forward to continuing your support. You come every three months to let us know how you’re doing, and this is a regularly scheduled presentation, nothing has happened.

Theo Boots: That’s correct.

President Musgrave: Alright. Thank you, Theo.

Theo Boots: Okay, thank you very much for your time.

Commissioner Nix: Thank you.

Commissioner Shetler: Thank you.

President Musgrave: Next item on our agenda is the County Engineer, permission to award VC06-06-02, concrete repair of various roads. Engineer Stoll?

John Stoll: I just want to request approval to award the contract to J.H. Rudolph for the amount of $489,914.60. They were the low bidder on the project.

President Musgrave: Is there a motion?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Thank you, sir.

President Musgrave: Next on the agenda is county ordinance 06-06-012, concerning abandoned vehicles. This is the first reading. Mr. Shetler, do you have anything you would like to say?

Commissioner Shetler: Well, this is basically one to just really get the ball rolling and introducing it. There will be some amendments made to it, and perhaps Mr. Ziemer would want to address that.

Ted C. Ziemer, Jr.: Thank you. Yeah, currently the ordinance you have in front of you provides,10.50.50 that the Building Commissioner will handle the sale of abandoned vehicles, or abandoned vehicle parts. Since drafting that, we’ve learned, and we’ve had a conversation with Sheriff Eric Williams about this, and we think we’d be better, I think, to substitute the Vanderburgh County Sheriff for the Building Commissioner. Actually, just to delete the Building Commissioner from this ordinance entirely, since the Vanderburgh County Sheriff already disposes of vehicles on certain occasions for other reasons. So, we would plan to make that change in time to have it here as an amended ordinance when you do second reading.

President Musgrave: You mean Deputy Sheriff Eric Williams?

Ted C. Ziemer, Jr.: Deputy Sheriff, yes.

Commissioner Nix: Chief.

Commissioner Shetler: The basic purpose is that, in the future, sometime down the road here, I plan on, with all our efforts and everything, perhaps putting together a task force to assess the county’s different gateways that we have within our community. You know, we need to clean up a lot of the areas, and I think this is the first effort to try to bring back that sense of pride that we have in our community, that many of our people feel, and would like to share it with everyone so that we dispose of the litter and the weeds, and abandoned vehicles goes a long ways to help trying to do that. You go across I-164, you look down into some of the areas and you see some vehicles that have been sitting there for a number of years and rusted out and that, and it’s time that something is done about it. Vanderburgh County hasn’t done anything about it. The city has an ordinance, and this is taking what they have and Posey County and a few things that Mr. Ziemer felt that would help add some teeth to it. So, that’s the purpose behind it, and we hope to have public hearing later on and the final reading later on sometime in July.

President Musgrave: Commissioner Shetler, I know this is your initiative, and that you do desire to make Vanderburgh County the sort of place that people take pride in moving in, and if this ordinance will help, I’m all for it. I’ve had a lot of experience with the abandoned vehicle ordinance inside the city, and having cars that are not functioning, rusted out, I know some we’ve had in the city have been there, or had been there so long that they had trees growing out of them. So, I know it’s important to keep things like this moving. That you don’t allow the accumulation of abandoned vehicles. So, I’m pleased that you brought this forward. Is there a motion for the first reading?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: This requires a roll call vote. Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes.

President Musgrave: We move now to CO.06-06-010, the establishing ordinance for the structure for data processing/information technology. This is the second and final reading. Is there any comment on this?

Ted C. Ziemer, Jr.: Only this, that the ordinance in front of you has been, at least it’s suggested that it be amended by changing the number of members on the ITAC board from 26 to 28, and doing that by adding another appointee of the Mayor and by adding the Executive Director of the Vanderburgh County Department of Health. So, should you decide to approve that, this would be as amended from the first reading.

President Musgrave: Is there a motion--

Commissioner Nix: So moved.

President Musgrave: –of the amended?

Commissioner Nix: Excuse me, so moved.

Commissioner Shetler: I’ll second. I will say that since November, when I went on the Commission, this is one of the first things that I was approached about is on this. So, I’ve looked at it, studied it for a number of months. The one thing that does concern me greatly, is the fact that it is such a large, and I hope not cumbersome, but it’s such a large entity here that sometimes that impedes progress, when it is so large. To get some kind of consensus going here. So, I guess, I’m cautioning that, you know, that that is a pitfall that could end up, or we could end up seeing in the future. But, I do think it’s something that all of the elected office holders are looking towards.

Ted C. Ziemer, Jr.: Just to comment, Commissioner Shetler, that the reason it’s so large is the desire was to give representation to almost anybody you could think of. That has happened here.

Commissioner Shetler: Yes.

Commissioner Nix: I just think we need to monitor it, and make sure that as time goes on that things move forward with this, and, hopefully, we get a good enough group of people together we can make this all work.

President Musgrave: Well, are you willing to be the Commission appointee to this?

Commissioner Nix: I sensed that was coming.

President Musgrave: Yeah?

Commissioner Shetler: I’m glad I quit talking when I did.

Commissioner Nix: Yes.

President Musgrave: You are? Alright, do I hear a motion not only for the second and final reading, but to make Bill Nix our Commission appointee?

Commissioner Shetler: So moved. Quicker.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: This does require a roll call vote. Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes.

President Musgrave: We move now to our third ordinance of the day, 06-06-011, amending Titles 15 & 18 of the County Code. This regards mobile homes, flood protection. This is the second and final reading. I’m not going to call you a Commissioner again, Building Commissioner, Roger Lehman.

Roger Lehman: City and County Commissioner.

President Musgrave: Yes, is here to discuss, as he was not able to be here last week.

Roger Lehman: Thank you, President Musgrave and Commissioners. We do have a proposal before you that is the same form that was submitted and passed by the city last week. We felt that this was necessary because of the damage from the tornado and what we considered to be excessive damage beyond those homes that were hit directly by the tornado. Upon checking, we found the state was not doing an exhaustive job of inspecting, to put it nicely. So, we intend to do that ourselves. This ordinance does provide for permits for installations of, and relocations of manufactured housing. It also provides for the inspection and upgrade of existing homes, if they are found to be lacking in that. Having said that, we understand that one of the reasons some folks live in these homes is because of afford ability, and we have therefore applied to the state for a couple of grants that would help offset some of the costs of the upgrades. Just for your information, we’ve inspected about 150 homes, since the tornado, that have been re-installed and are now in compliance with the manufacturer’s installation standards. Which is the primary standard that we will use for newer homes as they are relocated. The standards that are included in this ordinance will be for those who do not have manufacturer’s standards available, and for older homes that were installed many years ago, and we have applied the standard the state used to have for the real old homes. It’s impractical to try and make them like a new home when they’re 50 years old or 40 years old. Having said that, I believe there’s some folks here, you might want to have some comments from the public, if that’s acceptable at this time?

President Musgrave: Alright.

Unidentified: You answered my questions, young man.

Roger Lehman: Yes, sir, please.

President Musgrave: Be sure and state your name and address when you come to the microphone.

Art Richey: I’m sorry?

President Musgrave: State your name and address. Okay, thank you.

Art Richey: My name is Art Richey. I’m actually here to help my wife out. She lives here in Vanderburgh County. My ex-wife. She has a home at Parkview Mobile Home Park. Our concern and question is, with this new regulation, I mean, her home’s been there 20 years, her dad’s home’s been there for the past 13 years. A lot of winds, a lot of storms, a lot of flooding has come through there, and no damage to these homes. With these new regulations, is it going to mean that the new strapping, and, I guess, this question would go to you, it says, “over the top”, is this where these straps will have to go? Over the top of the mobile home? The new ones that are installed? Because there’s no way to go inside the wall.

Roger Lehman: No, and I need to tell you the answer in here. Because this is for the Commissioners and public information also, the reference to the “over the top” straps, in the ordinance, refer to only those homes that are currently equipped with them. If it does not have over the top straps, there is no requirement for those to be added. The only thing to be added under this ordinance is frame straps, if they don’t have them.

Art Richey: So, if they don’t have them, instead of going over the top, we can go with frame straps with the cork screw anchors?

Roger Lehman: Yes, the ground anchors.

Art Richey: Okay, and they don’t have to be set in cement?

Roger Lehman: No, they have to be installed according to the standards of the manufacturer as they are now, correct.

Art Richey: Now, the other question being, I noticed on the back side of this, and I hadn’t even realized, and this gentleman was kind enough to send a copy of this to me e-mail so that I could go through it, this is concerning some of the floods and flood plains. Parkview is located right there on Locust Creek. In the 12 years that we have been there, or she has been there, we have had two floods, they came right up to the underneath side of the mobile home without getting into the insulation or anything. This states that you have to be one foot above the flood plain?

Roger Lehman: Well, again, this will, this requirement is for reinstallations of homes in the flood plain.

Art Richey: So, existing is not a problem?

Roger Lehman: Existing it does not affect.

Art Richey: Fortunately we, I mean, when we had the flood several years back, we had flood insurance. I’d been in New Orleans 20 years–

Roger Lehman: Okay.

Art Richey: –when I moved up here, I said, “Yeah, I want it!”. Didn’t know that it would happen, but, so, that does not affect her?

Roger Lehman: No, no.

Art Richey: Appreciate it very much. Thank you for your time.

President Musgrave: Thank you.

Commissioner Nix: Roger, I had a question, maybe a couple.

Roger Lehman: Yes, sir.

Commissioner Nix: If state money isn’t available for existing homes, how will that be handled then? In other words–

Roger Lehman: We have some contractual services money in our budget, not enough, and if the state, I’ve been told that the state is very favorable to this, so we are kind of counting on them coming through. If they do not, then we will likely be back before this body and the City Council asking for some assistance.

Commissioner Nix: So, basically, what you’re saying is all new installations, what this says is, the ordinance, all new installations will meet all these requirements. So, that’s a given and that’s taken care of by the homeowner as they purchase the property. It has to be installed by a licensed contractor–

Roger Lehman: Right.

Commissioner Nix: –which we’re also setting out.

Roger Lehman: That’s not a cost issue, because that’s just part of the cost of putting it there.

Commissioner Nix: Exactly, but, once again, all existing homes, as of right now, it won’t be mandatory that existing homes do this, unless we offer them some assistance, financial assistance to do it.

Roger Lehman: That is our policy. That is not the ordinance. The ordinance mandates that it be done, because the public safety isn’t really arbitrary. I mean, we have to maintain the public safety, and this ordinance is aimed to that. Our policy, and we will do everything within our power to be sure that those who cannot afford it, have some means to do it. We have some other options besides the state funding, and besides coming here, but our first line is the state, and our second line is some other resources, and you guys would be our third line. What will happen is, if we go to a place and it’s totally unsafe, we will even go to the extent of trying to find some benefactor, philanthropist that would be willing to do it, if necessary, if the people are really, you know, unable to.

President Musgrave: I attended one of the hearings that you had, it was a couple of months ago, I think, and I know that some of the folks came up to you afterward and said that they were prompted by the hearings to take a peek underneath their skirting to look at the frame of the mobile home and were shocked to find that there were no straps whatsoever under there.

Roger Lehman: Yes.

President Musgrave: I’m really glad that, for their benefit, that this process has come about. But, I do want to say that I am sensitive to the cost issue, and should the state not come through, I would be more than happy to pursue local funding options.

Roger Lehman: Thank you.

President Musgrave: As a child, I grew up with my father who was in the military, and one year the U.S. military saw fit to send him some place where the family wasn’t allowed to go, and, so, we lived in a mobile home, my three sisters, my mom and I for a year. The following year the mobile home next to us, after we had gone to the next base, was blown down the hill. I was traumatized by the thought that I could have lived in that one. So, yes, the cost is important, but the safety is paramount. So, I’m pleased to move forward with this.

Roger Lehman: Okay.

Commissioner Shetler: Roger, is there anyway of quantifying the strength or stability after, of the structure, after these are put in place? I mean, does it, for example, if, right now, they would withstand an F-1 storm, would it increase it to an F-2? Or, you know, wind structure or wind that might be say at 40 miles an hour and this will help it, stabilize it to a point that it could withstand a 50 mile an hour wind?

Roger Lehman: There’s so much variation in the way the homes are built, it’s very, very difficult to get a definitive answer to your question. Basically, we had an engineer come down after the Eastbrook event and analyze what was present at Eastbrook. We felt like that was fairly representative of the homes built in the last ten to 15 years, not the older ones, but at least those built in the recent history. The information that we gleaned from those engineering reports is what helped us kind of craft this standard for the local. The 12 foot on center and two foot from each end for the newer homes built after the early 90's. The homes before that, the Indiana standard was 24 feet on center and six feet from each end. That, obviously, does not provide the same amount of holding power as 12 feet apart and two feet from each end. But, when you come down to what wind will it resist, and, actually, everywhere away from the coast, they only are required to resist 90 miles an hour. That’s the standard by the code. That’s the building code that’s followed by the manufactured home industry, as well as by the conventional home industry, as well as by the commercial building industry. So, 90 miles an hour is kind of the goal. The 12 and two will meet that. The 24 and six probably will not quite meet that, but most of the older homes are smaller and shorter, so, they have less surface area to be affected by the wind. So, it kind of makes sense, even though I can’t give you a detail of the way each one works.

Commissioner Shetler: Right, I guess, you know, it’s one of those things, when I get ready to invest or to spend some money on something, I kind of like to know what I’m buying. I think that if people knew that this was going to increase the safety and the structure 20 percent or 15 percent on wind sheer, or, you know, whatever norms that you would use, that they would at least know what they are buying into.

Roger Lehman: Right, I understand.

Commissioner Shetler: I mean, I think it’s a great ordinance. I think it’s something that absolutely has to be done. But, I’m just trying to sell it to the public now to get the existing people to buy in.

Roger Lehman: Right, and our feeling is the 12 and two meets or exceeds the 90 mile an hour requirement. The 24 and six probably does not, but, again, some of those homes don’t even have frames, there’s nothing to tie to. So, there’s going to be times when we can’t, I’m not sure what we’re going to do. But, when we come across those, we’ll definitely have a couple of engineers in town who have kind of offered their services to us on a, you know, not an unlimited basis, but on a limited basis to help us out with some of those questions. But, again, with this standard, the 12 and two, the 90 mile an hour, I think, I can safely say will meet or exceed the 90 mile an hour minimum, or 90 mile an hour wind speed. Which we have not experienced, other than in the tornado, we’ve had 60 mile an hour gusts, and I think maybe even a 70, but I don’t think we’ve ever had a 90 that I’m aware of. So, most people, as the gentleman said, he had a home and it’s been there for 20 years and it’s never been damaged by wind. But, again, I don’t believe we’ve ever had a 90 mile an hour wind either.

Commissioner Shetler: Right.

Roger Lehman: Long answer to a good question, but we will attempt to quantify it in some non-technical, understandable way as we go.

Commissioner Shetler: Alright, thank you.

Roger Lehman: Sure.

President Musgrave: Any other discussion? Is there a motion to approve?

Roger Lehman: If I might? We do have two other, three other parts of this ordinance that are all kind of bunched into one. If I could touch on those for just a second?

President Musgrave: Certainly.

Roger Lehman: So, that we do cover all the things in the public record. One is the fee changes, there are just a couple of minor fee changes in there. One is a composition of the Building Commission/Construction and Roofing Board of Examiners. We took away one restriction on who the Commissioners and who the Mayor could appoint, and made it a little bit broader so they could, your ability to appoint somebody to that board is expanded in the group of people who you can appoint. The last thing is on the flood plain changes, and these are changes that we’ve been actually operating on for the last three years, because when we passed our flood plain ordinance in 2003, I believe, it might have been 2004, there were some errors in there that we didn’t catch until after the fact. It would have effectively made everybody build everything two feet higher than the ordinance intended for them to do. So, we’ve actually been operating under what this ordinance is now saying, and will be the legal standard for the last three years. So, this kind of ratified what we’ve been doing, which we appreciate. I don’t know if anybody has any comments on any of the rest of this. I don’t think so. So, we should be good to go.

President Musgrave: Alright. If there’s no further discussion from Mr. Lehman or anyone, is there a motion to approve?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: This also requires a roll call vote. Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes. Show it as passed.

Roger Lehman: Thank you very much.

Commissioner Nix: Just one, just a comment–

Roger Lehman: Yes, sir.

Commissioner Nix: –I appreciate all the hard work. I know this has been a grueling task for you since the 6^th of November, or there abouts, and you and your staff and everybody that you work with has done, I think, an excellent job to try to move this forward. Once again, thanks for everything you’ve done.

Roger Lehman: Appreciate that, I appreciate attorney Ziemer working with us on it too. So, thank you.

President Musgrave: Contracts, agreements and leases, we have several. The Public Defender Agency agreement for professional services, the KRONOS maintenance agreement, and the encroachment agreement for bus benches, and Tax Management contract. Mr. Ziemer, I believe you’ve looked at all of these?

Ted C. Ziemer, Jr.: Yes, I have.

President Musgrave: Any comments on them?

Ted C. Ziemer, Jr.: No, they’re all satisfactory for execution from a legal perspective.

President Musgrave: If you would like, we can take them all in one motion to approve?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: We only have one department head, Mr. Stoll, do you have anything to report? Okay. Do any other department heads have anything to report?

Ted C. Ziemer, Jr.: I do.

President Musgrave: Okay, so, after Mr. Stoll.

John Stoll: I’ve just got two items for the Green River Road-Lynch Road intersection turn lane project. The first is a Mylar cover sheet needs the Commissioners signatures. So, I would request that you sign off on that. This is the project that adds right turn lanes on the east, south and west legs of the intersection, and installs a raised median on the south leg of the intersection.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: The second item is approval on the Notice to Bidders for that same project. In conjunction with that, we were requesting that you authorize us to charge a $50 fee for those plans.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Were you successful in getting the PDF files from the vendor?

John Stoll: I haven’t talked to them as of yet, but I will do that tomorrow morning.

President Musgrave: Okay. So, the goal here is to not only, if you have to have a copy of them, that there is a fee schedule in place, but if we can put them on line, so that folks can print them down without bothering the engineer or his staff, then they can go do that.

John Stoll: I’ll talk to the consultant. I just didn’t get a chance before today’s meeting, but I’ll get a hold of them tomorrow and, hopefully, we’ll have it ready by Friday.

President Musgrave: Okay.

John Stoll: Thanks.

Commissioner Shetler: Thanks, John.

President Musgrave: Mr. Ziemer?

Ted C. Ziemer, Jr.: Yes, a company called Noorthoek Corporation was sued by Mannon Illinois Company in Vanderburgh County. The contract provided for arbitration to be conducted in Indiana. Noorthoek Company, contrary to that provision, filed arbitration proceedings in California. He ordered the attendance at that proceeding by Judge Heldt and the Vanderburgh County Commissioners. We have prepared a brief and a motion to dismiss that proceeding in California. No one in our firm is licensed to practice law in California. We’re required to get local counsel in California. We have a firm that our firm uses regularly when we have California issues, and we want to refer this matter to that firm. Their fee, which is low for California, will be $400 per hour. We expect their time to be one or two hours. We’re doing all of the briefing ourselves, but we must have California counsel to carry it to the court in California. So, I have two copies of a contract with that firm that we would ask the Commissioners to approve today.

President Musgrave: Is there a motion?

Commissioner Nix: So moved.

Commissioner Shetler: I’ll second.

President Musgrave: All those in favor?

All Commissioners: Aye.

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

President Musgrave: What’s your estimation of success?

Ted C. Ziemer, Jr.: Oh, we’re going to be successful. There isn’t any question about it.

President Musgrave: Thank you.

Ted C. Ziemer, Jr.: It’s classic frivolous law suit, but unless you want to go to California, which would cost the county a lot more than the $400 for a couple of hours.

President Musgrave: Where at in California?

President Musgrave: Next on our agenda is new business. Dave Rector is here to discuss the signage at the Centre, and has proposals. I’ve had several discussions with him on this point. Mr. Rector?

Dave Rector: Good afternoon. Dave Rector, Building Authority. Commissioner Musgrave has been working with SMG on some additional signage for the Centre. We have some proposals for you to consider. I was wanting, as a courtesy, I know the Building Authority owns the Centre, but I think it’s our obligation to make sure that you guys are included in what goes on over there, and I would like your consensus with this. Because, I have a board meeting tomorrow, and if you guys are good with it, then I’ll run it by them, and then I can start the process. We’ll have to go for a variance with the BZA, because of the way it’s zoned and the square footage of signage we have. But, anyway I have two different ones. One is large letters from 15 inches to six foot that would go on the three corners of the building, perhaps four. The other would be letters that would go above the entrance at each door. As I think you all probably agree, the signage is lacking at the Centre. I think this is really a neat way of trying to identify it better.

Commissioner Nix: Mr. Rector, is there some lights or something? Or is this, the sign will actually be illuminated within itself?

Dave Rector: This is lit. The others would be just above the doorway, and you would have the entrance lighting, but the large ones here that you see would be lit. The price on the large ones, I thought was pretty reasonable, just a budget estimate was around $4,000 and we would have to take power to it. The other ones that are just applied above the doors were just several hundred dollars for all of them.

Ted C. Ziemer, Jr.: Do you want to do that, or get ten hours of this attorney’s time in California?

President Musgrave: I think this looks great. I know that the Centre has worked very hard finding appropriate signage. We did a lot of walking around the building one day. I did drive down Martin Luther King today, approaching it from this direction, and I noticed that your trees are blocking the view.

Dave Rector: We need to trim some.

President Musgrave: I don’t know, you should take a look.

Dave Rector: We’ve got a lot of trees we actually should be trimming. I have heard a lot of comments from people about they don’t know the Centre is the Centre.

President Musgrave: No, no one knows what that building is.

Commissioner Nix: This would be in three locations?

Dave Rector: Three, possibly four.

Commissioner Nix: Four. Basically, one in each direction?

Dave Rector: Uh-huh.

Commissioner Nix: Okay, from the end of the building?

Dave Rector: I think Commissioner Musgrave and I talked today, if we could, we might get one on Walnut Street also.

President Musgrave: As you’re coming down Walnut Street, toward downtown, that, the back brick wall. Again, you don’t know what that building is.

Commissioner Shetler: David, I’m sorry, you said it was $4,000 for, and I didn’t catch the rest.

Dave Rector: Each sign, the large signs, and then we’ll have to run power to it. So, it would be additional to that.

Commissioner Shetler: So, total costs with everything here?

Dave Rector: For the large signs, if we did four of those, and the others, $20,000 to $25,000. And we have that already approved in the 2007 CIP that you all had a few months ago.

President Musgrave: Some other signs that we’re working on are signs on the Lloyd Expressway. There are no “turn here to go to the Centre” signs. There are no signs up and down Martin Luther King, “Centre that way” down Walnut, either direction. So, I know that the Centre is working with the Safety Board to get some of those.

Commissioner Nix: One other location I thought about the other day was off 41 south and north on to the Lloyd, because I know U of E, there’s some other signage there, maybe we could incorporate with that or something.

Dave Rector: We’ve talked with some of the representatives, and they have, State Representatives, evidently there’s some signage restrictions, we can only have so much for so many things.

Commissioner Nix: Sure. If we could do it, I think that would help

Dave Rector: I think we could come up with some additional signage.

Commissioner Shetler: Perhaps Representative Crouch might be sympathetic, since she had to sit in one of these chairs at one time, and she would be sympathetic to our plight here. Then I think the other signs could possibly come out of that 14 percent that we pay for the city-county sign department. We could continue to get our fair share there. So, anyway.

President Musgrave: I think we should go ahead and have a motion to approve these signs, whether there’s three or four. I hope that there will be four.

Dave Rector: Sure.

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

Dave Rector: If I may, while I’m up here, something else had come up–

Madelyn Grayson: Can I change the tape real quick, Dave?

Dave Rector: Sure.

President Musgrave: Oh, I’m sorry, I forgot about your beeping.

(Tape Change)

Dave Rector: Ready? We had to replace the air dryer on the air compressor system over there. We’re getting a lot of condensation in the air lines. Scott Moore asked if I would bring this before you. Johnson Controls came out and removed the old air dryer and put a new one in. It was $2,390. I think that’s an appropriate expenditure from F&B, but wanted to request your permission to do that.

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

Dave Rector: Thank you very much.

Commissioner Nix: Mr. Rector, I know you and I have spoken about this, but maybe to convey to the other two Commissioners where we’re at with the old jail space, as far as the design and for the demolition project and where we’re at?

Dave Rector: The end of next week we should have a 90 percent complete package for us to review then to see if we like the direction it’s going. By the middle of the month we hope to have a 100 percent package. After that, we’ll have notification to bid, we’ll get the quotes in, and then we’ll have to determine how we’re going to fund the project. The meeting, you and I and the judges and the Sheriff have next week hinges critically around what we’re doing with the old holding cells, versus how we demo that project.

Commissioner Nix: And what we’re looking at on that is how we handle what space we need for holding, where we put it and how it works in with the demolition project and that. So, like I said, we’re going to meet, is that next Wednesday?

Dave Rector: Wednesday, July 5^th.

Commissioner Nix: Yeah, we’re going to meet and then, I guess, we’ll get back and give a report back to the Commission at that time then?

Dave Rector: It’s a convoluted project. It really is. Either they stay or they don’t, and if they stay, then we can’t just disconnect piping, because it’s connected to other piping. If we move them out, then we’re going to have to have a different facility. This is going to be a bit of a process, but one that’s necessary.

President Musgrave: I know we were waiting on some of the audio/video things that we need in this room, but you had gotten some prices, along with Matt Arvay, for some equipment. Are you ready to proceed with that?

Dave Rector: I got from Mark, actually, his recommendation on the projector we need. The other audio/visual equipment for in here, their recommendations is what I’m going to get. It’s like a computer, I can turn it on. So, I’m going to get with Mark and figure that out, and I’ll get it purchased and installed for in here. It would be something that we could move to a new meeting room, if we need to.

President Musgrave: Do you have any idea of a time line on that?

Dave Rector: I just got that from him yesterday, Friday the projector, and yesterday the other stuff. I’ll get with him this week, and, hopefully, order it next week.

President Musgrave: Okay. That would be good. Anything further?

Dave Rector: No.

President Musgrave: Alright, thank you.

Dave Rector: Thank you very much.

Commissioner Nix: Thank you, Mr. Rector.

President Musgrave: For those in the viewing audience, we will not have a meeting next week for the Fourth of July holiday. Our next meeting will be July 11^th. So, no meeting next week. Is there any other new business?

President Musgrave: We move on to old business. I am sorry to report that our application for the Transportation Enhancement project for Burdette Park-University of Southern Indiana Trail that we made to Indiana, INDOT in particular, has been denied. We received a letter from Jeanette Wilson, the Transportation Enhancement’s Program Manager, informing us that the committee awarded 19 million dollars to 25 other projects, but not our project. So, I am going to suggest to the Commissioners that we put in approximately a million dollars in the budget request that we will be sending to Council later on this week, in the CCD funding, I believe, or perhaps in discussions with the Auditor and Councilmembers they will have a suggestion as to a different fund to put it in. Our funding request, at least to this, has been denied. As you know, we received the good news that the federal government was giving, or we’re in the process in a bill where we have two million dollars for University Parkway, but we had asked for money for Burdette Park there, in that bill as well, and it did not get any in that bill. There’s one other possible opportunity outstanding at the federal level, and we’ve got a couple more weeks before we get any information on that. So, good news on University Parkway, bad news on the Burdette Park trail. Is there any public comment about any item under the Commissioners control? I see no normal people here, just members of the media and others. Oh, you have another piece of old business, Commissioner?

Commissioner Nix: I guess, on old business, not to take any thunder from the ordinance that we passed a few weeks ago, but this is kind of to emphasize the importance of the ordinance, the smoking ordinance that we passed. I ran across this this morning early. This is an article from AP, and I’m going to read just a little bit of it. I don’t want to take a lot of your time, but this is from Washington D.C. It states:

“Separate smoking sections don’t cut it. Only smoke-free buildings and public places truly protect non-smokers from the hazards of breathing in other people’s tobacco smoke, says a long awaited Surgeon General’s report. Some 126 million non-smokers are exposed to second hand smoke, but U.S. Surgeon General Richard Carmona repeatedly calls “involuntary smoking” that puts people at increased risks of death from lung cancer, heart disease and other illnesses. Moreover, there is no risk-free level of exposure to someone else’s drifting smoke, declares a report issued Tuesday. A conclusion sure to fuel already growing efforts at public smoking bans nationwide. Fourteen states have passed what are considered comprehensive smoke-free workplace laws those that include restaurants and bars. Exposure to second hand smoke remains an alarming public health hazard, Carmona said. Non-smokers need protection to the restriction of smoking in public places and work places, and by smokers voluntarily not puffing around children.”

It goes on to say:

“There is no longer a scientific controversy that second hand smoke is a killer, he said. This report eliminates any excuse from any state or city from taking halfway measures to restrict smoking or permitting smoking in any indoor workplace.”

President Musgrave: I was interested in reading this article, that California, let me see if I can find it here, California became the first state to declare second hand smoke a “toxic air pollutant”. My question to you is, can Vanderburgh County declare second hand smoke a “toxic air pollutant”? If you can look into that between now and maybe our next meeting? I’m not sure how long it would take. I would really like to know that.

Ted C. Ziemer, Jr.: I’ll take a look at it.

President Musgrave: Will you check with City Council to see if they’ve received this report? Maybe?

Commissioner Shetler: I’ll check.

President Musgrave: Okay. Any other old business?

President Musgrave: I called for public comment, though being no normal people here.

President Musgrave: We have consent items. Is there any, is there a motion on the consent agenda?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: 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 4:26 p.m.)

CONSENT ITEMS:

Employment Changes:

Superior Court (1)                               VCCC (2)                        Union Assessor (1)

Treasurer (1)                                      Sheriff Office (2)             Burdette Park (6)

Area Plan Commission (1)                 Dental Clinic (1)

Travel Requests:

Health Department (3)                        Commissioners (3)         Auditor (1)

Treasurer (1)

Health Department: Surplus letter: various items.

Commissioners:

Pay Requisition No. 81: Jail Project: $714,207.19

Auction Status: Safe House Auction (5/30/06)

Letter of Agency: Comvest Communications

Department Head Meeting Notes: June 20, 2006

Treasurer: Monthly Report: May 2006.

County Clerk: Monthly Report: May 2006.

County Engineer: 2006 Local Government Cooperation Award Application.

Auditor:

Surplus Letter: chair.

Financial Statement: June 2006.

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer                           Supt. Of Bldgs.

Those in Attendance:

Cheryl Musgrave                      Bill Nix                                      Tom Shetler, Jr.

Bill Fluty                                    Ted C. Ziemer, Jr.          Marissa Nichoalds

Madelyn Grayson                     Theo Boots                               Lyneve Scott

Carmen Embry                         Belinda Morrison                      Roger Lehman

Art Richey                                 John Stoll                                  Dave Rector

Others Unidentified                   Members of Media