VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

JUNE 30, 2009

The Vanderburgh County Board of Commissioners met in session this 30^th day of June, 2009 at 5:00 p.m. in room 301 of the Civic Center Complex with President Troy Tornatta presiding.

President Tornatta: Okay, welcome, everyone. This is the Board of Commissioners meeting, June 30, 2009 in room 301. Roll call, call to order.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Here.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Here.

Madelyn Grayson: President Tornatta?

President Tornatta: Here.

President Tornatta: Okay, and for those of you who can’t see, we have a bunch of camouflaged orange and yellow shirts standing around the perimeter of the room. That’s because this is the cast of South Pacific, the EVSC’s yearly production that they put on during the summer. The director is Sue Schriber. So, Sue, if you would come up. (Applause).

Sue Schriber: I direct them, but (Inaudible. Not at mic.)

President Tornatta: Absolutely. We see Terry Becker in the audience, both of which I’ve had the pleasure of studying or singing or–

Sue Schriber: When you were just a baby boy.

President Tornatta: Just a baby boy. So, anyway, first off, if you would please honor us by leading us in the Pledge of Allegiance.

Sue Schriber: Thank you very much.

(The Pledge of Allegiance was given.)

The cast of South Pacific performed “God Bless America”.

(Applause)

Sue Schriber: We would like to invite all of you to join us July 9^th through the 12^th, right across the street at the Centre for South Pacific. Thank you for your time.

President Tornatta: Thank you. Thank you, Sue. Appreciate it. (Applause). As she said, Thursday, July 9^th at 7:30 p.m; Friday, July 10^th at 7:30 p.m.; Saturday, July 11^th at 7:30 p.m.; and Sunday, July 12^th at 2:00 p.m. That is at the Centre. We thank you all, and break a leg. Now, that’s what I call getting the meeting started. Okay. Good acoustics and everything. Okay.

President Tornatta: Permission to open quotes VC09-07-01, Baehl Road culvert number 1242 replacement.

Commissioner Melcher: So moved.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Questions? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, action items, County Auditor 2009 continuing disclosure undertaking agreements. I think those were sent to us via e-mail. If there are no questions, I would entertain a motion.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

Madelyn Grayson: Commissioner, we need to have these signed now so that they can be sent out Fed Ex to Umbaugh.

President Tornatta: Okay.

President Tornatta: We have an American Structurepoint presentation, Burdette Park expansion. Are we ready for that today?

Steve Craig: I do not see anybody here.

President Tornatta: Okay, we’ll see if Kevin can come back and do that at a later date, maybe on the 7^th. Just get it organized, Steve. Appreciate it.

President Tornatta: County Coroner, permission to seek bids for building repairs. Coroner Groves?

Annie Groves: I would like to ask for $88,500 for the following repairs that need to be done to the building.

President Tornatta: Alright. As listed, a roof, paint the outside of the building, the gutters, landscaping, walk in unit, air conditioning for the pathology area, windows and security system were a few of the upgrades. Where do you stand on a process? Have you done, have you found the vendors for these?

Annie Groves: Well, what I want to do is ask if we could bid those out.

President Tornatta: Okay.

Annie Groves: It seems that that’s how the Council wants those done.

President Tornatta: Okay.

Commissioner Melcher: Would that be bid out through the school corporation?

Annie Groves: Well, Deb might be....Deb should be.

Ted C. Ziemer, Jr.: Through the Central Purchasing Organization.

Annie Groves: Yeah.

Commissioner Melcher: Okay.

Ted C. Ziemer, Jr.: Which includes the school corporation.

Commissioner Melcher: Alright.

President Tornatta: Commissioner?

Commissioner Winnecke: Annie, just a couple of quick questions. The $19,000 proposed expense on a walk in unit, is that the cooling?

Annie Groves: Yes, that’s our refrigeration where everyone stays when they are there.

Commissioner Winnecke: The, in your opinion, does the $88,500 represent the total needs of the building?

Annie Groves: I think those are pretty accurate. I have received price checks on all of these. So, I’m pretty sure that’s right in the ball park.

Commissioner Winnecke: Okay, but there are no other major repairs outside of these that you know of?

Annie Groves: Yeah.

Commissioner Winnecke: Okay, thank you.

President Tornatta: We approved something already, did we not? Or, did we hold off everything?

Annie Groves: We held off everything.

President Tornatta: Okay. Alright. Okay, and, I guess, it’s the wishes of this Board, if this wants to be a, if there are some things that we would like to see done quickly, and some things we would like to see phased in.

Commissioner Melcher: Well, right now I think she’s just asking to bid it. I would think that, we would wait to get that.

President Tornatta: Okay.

Commissioner Melcher: I think let’s just do what she’s asking. So, I’ll make a motion that she could take this to Purchasing and have them bid these items out.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

Annie Groves: Thank you.

President Tornatta: Alright.

Commissioner Winnecke: Thanks, Annie.

President Tornatta: Request to close Mahrenholz Road between Schutte and Mahrenholz Drive for July 18^th Night Flight race. Mike? Mike’s in the audience. Mike, let’s pump up your race a little bit. Tell us about it? Hold on, come on up to the microphone. We’re giving you front row.

Mike Hillyard: The event is called Night Flight. This will be, I believe, the 31^st annual running of the event. It’s a four mile race at night, on the campus. There is a small section of Mahrenholz Road from Schutte until it proceeds into the campus, if you’re familiar with, and, Troy, I’m sure you are, that will be taken up for about 45 to 60 minutes for the race.

President Tornatta: Alright, and then if somebody wanted to run in this race how would they do so?

Mike Hillyard: Yeah, actually if you go to www.gousieagles.com –

President Tornatta: Okay.

Mike Hillyard: –you can find an entry form there online. They’re also all over town, Bob’s Gym on the east side, the west side, YMCA downtown, eastside, Gilles, Swift Athletics, there’s plenty of places that you can pick those up. You can register the day of the event, starting at 6:30 p.m. in the Physical Activities Center, or you can pre-register by mailing that in.

President Tornatta: Okay, and then how much is registration?

Mike Hillyard: It’s $20. If you register late, if you pre-register before July 11^th it’s $15.

President Tornatta: Okay, and then the money goes to?

Mike Hillyard: The money goes to support our cross country and track programs at the University of Southern Indiana.

President Tornatta: Because you are?

Mike Hillyard: I am the coach.

President Tornatta: Alright, there we go.

Mike Hillyard: Thanks for the prompts.

President Tornatta: Now we’re getting it all out. Mike Hillyard is the coach of the USI cross country team. They’ve done outstanding. You finished where last year?

Mike Hillyard: We won the GLVC for the fifth time in six years. The women won the league title as well. Both programs were nationally ranked. Women as high as fifth in the country. The men did advance to the national championships and finished 12^th.

President Tornatta: So, that’s not bad.

Commissioner Winnecke: Mr. President, I’ll move approval.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Have a great event.

Mike Hillyard: Thank you.

President Tornatta: Okay.

President Tornatta: Commissioners, notice to overlapping taxing districts there being no pass through of excess TIF and assessed value to those districts for 2009 pay 2010.

Commissioner Winnecke: Mr. President, I’ll move that we recommend to the County Redevelopment Commission that it should determine that for 2009 taxes payable 2010 there is no excess assessed value from any Vanderburgh County TIF that may be allocated to the overlapping taxing districts since all tax increment is needed to make payments on bonds or leases when due and to pay for other proposed purposes described by state law.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. Discussion? That is IC36-7-14-39, subsection B (2). Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Health Department of Vanderburgh County mass prophylaxis plan. Used in the event of need to dispense medication, antibiotics, immunizations to the county population as a result of disease outbreak, bioterrorism event, or other public health emergency. Gary?

Gary Heck: Gary Heck, Vanderburgh County Health Department. This document is part of an annual review that the Health Department goes through, and we make any minor corrections or adjustments that are required. We had an update that included quite a few minor changes through it. The document has been reviewed by the Emergency Management Agency and we have their signature. It’s been reviewed by the Health Department and we have the Health Officers’ signature. The Mayor is reviewing it right now, and it’s been reviewed by the County Attorney, on behalf of the Commissioners, and, I believe, they are depending upon the Health Department’s recommendation to give you advice on it. We would encourage you to support it and approve it on behalf of the community for the Health Department.

Commissioner Melcher: I’ll move for approval.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Gary, you might stay up here.

President Tornatta: Health Department, lease on behalf of WIC program for space at the 4-H County Fair.

Gary Heck: Our WIC program is a member of the Tri-County Lactation Coalition, and part of their outreach this year is to have a booth at the 4-H Fair for breastfeeding and other healthy type activities for mothers to be. This, one of the requirements from the Vanderburgh County Fair Association is that you have to have a contract, and this allows us to have it if you can support it on our behalf.

Commissioner Melcher: I’ll move to approve it.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Thank you.

Gary Heck: Thank you.

President Tornatta: Commissioners, Old Courthouse office space lease agreement with Iridium LLC. The lease is for one year, two options to renew for an additional one year term. The rent is $5,544 per year, payable at the rate of $462 per month. It will begin on July 1, 2009, if approved today.

Commissioner Melcher: Move for approval.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, Commissioners, collective bargaining agreement for Sheriff deputies.

Commissioner Melcher: Move for approval.

President Tornatta: Second. Any discussion?

Commissioner Winnecke: That’s just for you.

President Tornatta: Oh, sorry. Okay. Anything?

Commissioner Melcher: No, I just think this is a long time coming. I think it’s a good contract. I’ve signed many of them being a City Councilman, and this is similar to what the city has. I’m glad we were finally able to reach that milestone. I kind of wish we could have done it in January or February, but at least we got everybody on the same page.

President Tornatta: I will say that this has not been without blood and sweat, very few tears, but we have come to the table in an honest fashion and met on terms that are very professional. That’s one of the things that I respect about dealing with this group more than any other is that we always kept the focus of what we wanted in our sites. Very often times when somebody gets mad about a contract they go and run another direction. This group worked with us to come to a head and to make a contract that was not only palatable to the deputies, but that was going to work with the administration of this county, with the Sheriff’s Department, and with the County Council and other units of county government. So, my hat’s off to the leadership of our counsel and of their counsel and of the agreement bodies to make this deal come to fruition. With that being said, roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: I would just, before I cast my vote, make one brief comment first. I think our community is blessed by the professional law enforcement that protects our community. I do believe we’re blessed. Having said that, I do have a major philosophical difference with one element of the contract, and for as long as my opinion has mattered on this issue, I think I’ve been consistent in how I’ve communicated that. The issue that is a deal breaker to me is the mandatory minimum staffing level. It seems to me that it’s counterintuitive to require a minimum number of deputies at a time when the city is eyeing its growth through annexation, thereby theoretically reducing the county’s jurisdictional limits. That’s why I’m going to respectfully vote no.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Again, I just, I think it’s a good contract. I don’t have a problem with it. As you know we’ve got a grant coming where we’re going to need more Sheriff’s probably here in the Civic Center for people coming in. I can’t see us even reducing them, if not expanding them. With that, I’ll vote aye.

Madelyn Grayson: President Tornatta?

President Tornatta: I will say, just want to make one point. I got to go on a ride with one of our deputies, and I will just say this, extended, being extended sometimes is part of how these deputies do business. Even with the annexation of the city into parts of the county, it will only make the protection and the ability for these deputies to do their job that much more efficient. So, I vote yes.

(Motion approved 2-1. Commissioner Winnecke opposed.)

President Tornatta: And that contract passed 2-1.

(Applause.)

President Tornatta: Alright, we have a Sheriff’s agreement for professional services of Barbara S. Perkins, DDS for the inmates of the Vanderburgh County jail.

Commissioner Melcher: Move for approval.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Health Department, contract with ShredX for x-ray pick up and shredding and business associated contract. The cost of the contract is $24 per pick up of x-rays by ShredX, and ShredX will reimburse the county for ten dollars per barrel for clean x-ray film. The Health Department has approved the funds to cover the net costs.

Gary Heck: Gary Heck, Health Department. That’s correct. ShredX was the only vendor we could find that will, when they do the shredding and processing will recapture the silver that’s in that, and then the Health Department will get paid back a fee for that recovered silver. So, it was a win-win as far as we were concerned.

Commissioner Winnecke: I’ll move approval.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Thank you. Supplemental agreement number one of BLA–

Ted C. Ziemer, Jr.: Excuse me.

President Tornatta: I’m sorry.

Ted C. Ziemer, Jr.: Did you approve both the ShredX shredding agreement and then the business associate agreement? There are two agreements.

President Tornatta: Okay.

Ted C. Ziemer, Jr.: The second agreement, the business associate agreement is that ShredX in the course of doing this may come into contact with confidential information, which under the Federal HIPPA requirements is required to remain confidential, and to protect that we would recommend that the county enter into a business associate contract with ShredX. You have that contract, and we recommend approval of that.

Commissioner Melcher: I’ll move for approval of the business associated contract.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Okay, supplemental agreement number one for BLA University Parkway phase two. On December 20, 2008 the Commissioners entered into an agreement with BLA for the University Parkway phase two. Since then, BLA has been asked to do additional work in connection with condemnation proceedings. It increased the cost of the original contract $12,854.75 to cover the cost of additional work. The increase is a total cost of the contract from $69,000 to $81,854.75.

Commissioner Melcher: Move for approval.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Department head reports. Anybody have anything? Just for the record, we found out that our paving is 30 percent done of what was scheduled. So, we’re moving on with the paving. So, if you were on the paving list, you’re that much closer to getting your roads paved.

President Tornatta: Burdette Park has a pool that’s open, I hear. There’s chalets that are open for renting. What else is out there?

Steve Craig: The Discovery Lodge.

President Tornatta: Oh, yeah.

Steve Craig: We have all kinds of cabins for family reunions, we have tennis courts, basketball courts, we have RV camping, primitive camping, and the last two or three weeks, I think the only place that you would want to be is the aquatic center. But, when it cools down we do have a miniature golf that is a state of the art miniature golf course. It’s a professional course, and I would like to invite everybody out there.

President Tornatta: What’s a good number to call, Steve, if somebody wants to find out about accommodations or potentially having an event out at Burdette?

Steve Craig: It’s 812-435-5602. We’re open from 8:00 until 4:30, our office, and you can make reservations or find out any information you need on the facilities.

President Tornatta: And how long, how late is the pool open?

Steve Craig: It’s open, Monday through Thursday it’s open until 6:00. It opens at 10:00. Then on weekends it’s from 10:00 until 7:00.

President Tornatta: Great. Anything else going on out there?

Steve Craig: Everything’s going on.

President Tornatta: Okay, that’s what I wanted to hear.

Steve Craig: Just come out and see us.

President Tornatta: Okay.

Steve Craig: I did talk to Kevin and them, they made it here, they were running a little late, but they’re going to probably need Marissa’s help to tap into the....and I see a deer in the headlight look there.

President Tornatta: Kevin, are you in town?

Kevin Krulick: Yes.

President Tornatta: You are? Would you want to try and do this on the 7^th?

Kevin Krulick: I’m sorry. (Inaudible. Away from mic.) Indianapolis.

President Tornatta: Okay, well, that’s fine. Let us get a couple of things done and then we’ll have you up here, okay?

Kevin Krulick: Absolutely.

President Tornatta: Okay?

Kevin Krulick: Sorry to keep you waiting.

President Tornatta: That’s okay. That’s okay. Anything else?

Steve Craig: Nope.

President Tornatta: Okay.

Steve Craig: Thank you very much.

President Tornatta: Thanks, Steve. Alright.

President Tornatta: John?

Ted C. Ziemer, Jr.: We’ve got the bids too.

John Stoll: Are we going with Ted first?

President Tornatta: Go ahead.

John Stoll: Okay.

President Tornatta: We’ll take care of him after you’re done.

John Stoll: The first thing I’ve got is a time extension request from Summit Contracting. This is on the Cross Pointe project. They’re asking for a time extension to July 18^th just to complete punch list items. As you saw during the ribbon cutting today, everything looks good. So, they won’t have a lot of work to do, but they just wanted to make sure that they had ample time to get all of their subcontractors back.

President Tornatta: John, tell about the open road now and how people can access it and where the access points are.

John Stoll: It’s just an extension and widening of where Cross Pointe was in the past. It, I shouldn’t say where it was in the past, it’s an extension north off Virginia Street. Originally that section from Virginia to Columbia was three lanes, we’ve widened it to five, constructed a new five lane road from Columbia Street to Oak Grove, and then from Oak Grove north to Morgan Avenue it’s been widened from three to five lanes. We had a substantial new storm sewer system put in to accommodate the run off generated by the new development proposed south of Oak Grove Road, and we’ve added traffic signals at Virginia Street and Oak Grove. It’s got nice, wide medians. Once it gets landscaped it will really look great.

President Tornatta: Super.

Commissioner Winnecke: Do you need approval on that?

John Stoll: I just need approval just to officially extend their deadline.

Commissioner Winnecke: I’ll move that we extend the deadline.

Commissioner Melcher: I’ll second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: The contractor basically wanted the official time extension so that way there would be no question, no liquidated damages would be assessed. The next thing that I have is that I need to request your approval to forward the documents to INDOT on the consultant selection for the Burdette-USI bike path project and on the University Parkway project. Based on the scoring of the proposals, Cripe will be the consultant for the bike path project, and Bernardin Lochmueller will be the consultant for the University Parkway project.

Commissioner Melcher: So, we’re sending this to the State?

John Stoll: Yes, they have to review it, then approve it, and then we’ll get to the point where we will start negotiating contracts.

Commissioner Melcher: I’ll move for approval.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion? Those were, that was individual, there were four votes is that what I was to understand?

John Stoll: Right.

President Tornatta: Okay.

John Stoll: Each of you scored, as well as my score, and then, basically, the process, you total up everybody’s scores and whoever had the highest number of points is the recommended consultant.

President Tornatta: Okay. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: Did you want to discuss anything about Oak Hill, not Oak Hill, Clover and Bergdolt? Or was that for Drainage Board?

President Tornatta: I was assuming that it would be for Drainage Board.

John Stoll: Okay.

President Tornatta: So–

John Stoll: Not a problem.

President Tornatta: –but, I would like to, I don’t know if we made mention of this before, but I would like to, the road is open, let’s just reiterate, for all those who don’t know that Oak Hill Road is open at Bergdolt. We, even if we mention it again, we want to thank all those folks out there that had to endure all of the traffic going by. Paulette and Dave Senning are out there, but we appreciate the law enforcement that made sure that everyone was trying to do a speed that would be okay in the neighborhood on the by-pass or detour. Then, all the folks out there that had to endure all the cars going by, which is heavy traffic for them. So, thanks to those people.

John Stoll: We did do a final inspection on that last Friday. I believe about the only item that they still have to take care of is switching that one manhole lid from a solid lid to an open grate. I think that pretty well covered it. So, we shouldn’t see many workers out there anymore.

President Tornatta: Sounds good.

John Stoll: Thanks.

Commissioner Winnecke: Thanks, John. We’ll see you at Drainage Board.

President Tornatta: Thank you. I guess, we don’t want to forget, Oak Hill Church and all those people on that side were troopers, having to go around. Any other department head reports? Okay, any new business?

Ted C. Ziemer, Jr.: Do you want to do these bids?

President Tornatta: Let’s do it.

President Tornatta: I was holding you off as long as I could.

Ted C. Ziemer, Jr.: These are bids for the Baehl Road culvert replacement. The bid of BMB is $75,380; the bid of Koberstein Contracting is $61,652; the bid of Deig Brothers is $76,384; and the bid of Ragle, Inc. is $91,135.

Commissioner Winnecke: I’ll move that we take them under advisement.

Commissioner Melcher: Second.

President Tornatta: Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Any new business?

President Tornatta: Old business? I will say under old business we will have, tomorrow at 1:30 we will be making do to our promise that anybody that beat the highest walker of the walking contest we’ll be washing cars. So, Steve gives us our blessing to be able to do that. Lloyd and I are going to do a little grunt work tomorrow to make sure all that’s happening.

Commissioner Winnecke: There will be eleven vehicles.

President Tornatta: Twelve.

Commissioner Winnecke: Oh, twelve?

President Tornatta: Twelve vehicles. We will have to wash twelve vehicles. Do our wager. We will be using the water out of this building, however, we will be reimbursing the Building Authority for that. So, everything’s on the up and up, there will be no tax dollars expended in this, but a lot of heartache and broken backs. But, be that as it may. Any other old business?

President Tornatta: Public comment?

Judy Mefford: I’m Judy Mefford and I’m from Bergdolt Road. I understood that you were going to bring stuff up into your meeting here, not in the Drainage Board.

President Tornatta: Well, we wouldn’t necessarily have to close this meeting to address those issues, but we’re going to handle it in our Drainage Board portion of this meeting.

Judy Mefford: Okay. That means you can’t, if you close this meeting–

President Tornatta: We’re not going to close the meeting.

Judy Mefford: Okay.

President Tornatta: We’ll keep the meeting open and we can come back to this meeting. So, actually we’ll do what we’ve done in the past when dealing with these issues, we’ll close them at the same time.

Judy Mefford: Okay.

President Tornatta: Okay? Any other public comment? Come on up.

Craig Blessinger: Sergeant Craig Blessinger with the Vanderburgh County Sheriff’s Office. I am the F.O.P. and deputy contract chairman, and I’m also president of the deputies organization. I just wanted to say a few words, if I could, in light of your recent vote. For nearly two decades and five recent years of intensive efforts and negotiations, the deputies now have an F.O.P. endorsed collective bargaining agreement. What this document does is finally put the deputies, the Sheriff and you as the County Commissioners on the same sheet of music. It also provides for the deputies and their families a needed sense of security. More importantly, during these uncertain economic times, this agreement provides for the aforementioned securities without burdening the taxpayers, and we felt that was very, very important. For the hard work that went into solidifying this agreement, if I could just say a few words of thank you, I would appreciate that. First of all, to the F.O.P., I just wanted to thank Larry Nelson, the current executive board, as well as past presidents Larry Cannon, Shawn Clark, Mike Cook and Dave Cook, and also about the F.O.P., I wanted to thank them not only for their support of law enforcement nationally and locally, but for the numerous acts of philanthropy that they engage in within the community. I wanted to say that. I also wanted to say some thanks to the legal staff of the F.O.P., Charlie Berger and Jennifer Keppler for their works on our behalf. To the County Commissioners, first to the staff, Marissa and Kristin, thank you guys for your efforts and your patience over the last five years. Who else? Where do I start, Commissioners Tornatta and Melcher, first, thank you both for your yes vote. I can’t tell you how much we appreciate your efforts on behalf of the deputies. Words can’t express our gratitude for your efforts in this endeavor. Commissioner Winnecke, although you did not vote yes, because of some philosophical differences, we did not forget during your tenure as County Council President, your stepping forward and issuing a push for a resolution of support for the collective bargaining agreement. Especially at a time when we had some rough goings with the current Commission at the time. For those we do not forget your efforts. We do want to say thank you. Even in light of your no vote, we still appreciate the support that you have given us in the past and we do not forget that. So, thank you, sir. For the legal staff of the Commission, Ted Ziemer, Jim Casey, thank you guys. We put you through a lot in the last couple weeks. So, we appreciate your efforts as well. Madelyn and Bill, I know, inside you guys have different issues and you deal with these and look over things. So, we do appreciate your efforts as well in this endeavor. Sheriff Eric Williams, thank you, sir, for trusting in your deputies. You did not have to do this, and you are one of the few Sheriffs in the State that believed in their deputies and stepped forward with this bold decision. So, for putting forth those efforts, on behalf of the deputies, I want to say thank you. Finally, to the deputies, the officers and their family members, I feel it’s important to thank them for the sacrifices that they make on a daily basis for our community. They’re often away from their families on a daily basis protecting the citizens of the county. For their efforts I just want to say, give a public thank you. So, again, in closing, just a closer, thank you for all those who made this a reality. The deputies and their families truly do appreciate it. Thank you.

President Tornatta: Thank you, Craig.

Craig Blessinger: Thank you.

President Tornatta: Any other public comment?

President Tornatta: Alright, Madelyn, consent, please.

Madelyn Grayson: The consent items for the June 30^th meeting are as follows; approval of the June 16, 2009 Commission meeting minutes and department head meeting notes; employment changes from the various offices; travel requests, there’s one from the Health Department; the Building Commission has a request for waiver of fees/not overtime for the Centre on July 15^th for FEMA meetings; the County Treasurer’s April 2009 monthly report; the County Engineer has approval of pay request number 82 for the Burkhardt-Green River TIF projects in the amount of $1,207, 486.14; the Building Authority has pay requisition number 90 associated with the jail construction project; the County Auditor has June 2009 A/P vouchers; County Auditor has Barrett Law lien releases, there’s one for Old State, three for Evergreen Heights, one for Oak Hill; the County Clerk has the May 2009 monthly report; Evansville ARC has May 2009 report of activities; Weights and Measures monthly report from May 15^th to June 15^th ‘09; the Health Department requests a transfer of a Kawasaki Mule utility vehicle from the city; there’s department head reports from the Ozone Officer, Burdette Park, County Highway and County Engineer; and a request to appoint Dave Carson to the Airport Authority Board.

Commissioner Winnecke: I’ll move approval of the consent agenda.

Commissioner Melcher: I want to ask a question before we went there.

Commissioner Winnecke: I’m sorry.

Commissioner Melcher: On the unemployment changes, I guess, I’m trying to read more of them every time. I know there’s a longevity increases with the county, but my understanding was that we couldn’t give, those raises are given for the following year, and both of the Commissioners have sat on the County Council before, are they allowed to give longevity raises in the middle of the year?

President Tornatta: Hold on, can we have a second, and then this will be on the floor.

Commissioner Melcher: I’ll second it.

President Tornatta: Okay.

Bill Fluty: I think the ones you’re looking at are with the Centre, and the union contract.

Commissioner Melcher: Is that what that is?

Bill Fluty: I believe so.

Commissioner Melcher: Because I just, I’m just trying to get a handle on it. I was just wondering about that. The other one, there was a temporary, we all got a letter or an e-mail or something from Sue Hartig about a person she’s got on, asking for an extra 90 days. The part time person that they’re wanting to put in there, she’s in these employment changes it looks like. What I’m asking is, if we vote for this are we okaying what Sue Hartig’s got in this letter?

Commissioner Winnecke: I would be personally.

Commissioner Melcher: But, she’s asking for a date. In the letter it says through October 19^th or 22^nd. So, do we need to have some type of a motion for what date?

Commissioner Winnecke: Well, it’s part of the consent agenda.

Ted C. Ziemer, Jr.: Yeah, it’s part of the consent agenda.

Commissioner Winnecke: It’s part of the record, so, it would be, theoretically part of the motion.

Commissioner Melcher: No, I understand, but I didn’t know if it was going to be the 19^th or the 22^nd.

Commissioner Winnecke: Oh.

Commissioner Melcher: See what I’m trying to say?

Commissioner Winnecke: I do now.

Commissioner Melcher: I think we ought to say what the date is.

Ted C. Ziemer, Jr.: Yeah, I would have thought it was in the paperwork. I’m not sure. I haven’t seen that.

President Tornatta: It does say the leave would run until October 19^th, and in parentheses unless it is extended to October 22^nd because of Memorial Day, Fourth of July and Labor Day holidays. So, what they’re asking is if they get the holiday periods, will that extend the period of the off time?

Ted C. Ziemer, Jr.: I see no problem with that from a legal point of view.

President Tornatta: I would say it would be recognized.

Commissioner Melcher: As the 22^nd?

President Tornatta: I guess, I would say it would have to comply with our–

Commissioner Melcher: Policy?

President Tornatta: –policy right now.

Commissioner Melcher: Okay.

President Tornatta: So, they couldn’t circumvent the policy just by reading this into the record is what I’m getting at.

Commissioner Melcher: Okay.

President Tornatta: Okay, we have a motion and a second. Any other discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, if it’s okay, I would take a motion, or accept a motion to–

Commissioner Winnecke: Suspend.

President Tornatta: –suspend.

Commissioner Winnecke: Motion to suspend the Commissioners meeting.

Commissioner Melcher: Second.

President Tornatta: Second. All in favor say aye.

All Commissioners: Aye.

President Tornatta: Okay.

(The Commission meeting was recessed at 5:40 p.m.)

Discussion concerning Bergdolt Road-Clover Drive drainage issue was discussed during the June 30, 2009 Drainage Board meeting.

Commissioner Winnecke: I’ll move that we reconvene the Vanderburgh County Commissioners.

Commissioner Melcher: Second.

Commissioner Winnecke: Mr. President, at this time I would move–

President Tornatta: A motion and a second.

Commissioner Winnecke: Oh, I’m sorry.

President Tornatta: All in favor say aye.

All Commissioners: Aye.

President Tornatta: Okay.

(The Commission meeting was reconvened at 6:20 p.m.)

Commissioner Winnecke: Mr. President, at this time I would move that we approve the previously discussed drainage plan for the area of Bergdolt and Clover.

Commissioner Melcher: I’ll second that.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: With that being said, Ted, anything? Kevin? Sorry, buddy. Hated to throw you to the back of the line. You’re doing good work, I’m sure. If we could, okay, we don’t have it up there. That’s fine. Or do we? Marissa, will that go on that screen? Can we pull the screen down? We don’t know if we can.

Kevin Krulick: While this is loading up, for the record, my name is Kevin Krulick with American Structurepoint, offices at 7260 Shadeland Station, Indianapolis, Indiana. I would like to thank all of you for your time, and apologize for the delay in us getting here. It seems as though Indianapolis keeps moving farther north. Maybe if we push a little harder on that I-69 project.

President Tornatta: You know what, they think so too.

Kevin Krulick: I think I need a...is that okay? Sorry, one second here. I once again would like to thank you for your time. I would like to thank Mr. Ziemer for your efforts in getting us here. Thank Marissa and Kristin, I’m sorry for the headaches I’ve provided this evening, and would also like to issue a special thank you to Mr. Craig and Mr. Stoll who appears to have left the room, for their efforts in helping us get to this point. What we’re here to talk about is the Burdette Park expansion. What we’re here to just present is some thoughts that we went through on our conceptual site plan that we have developed with Mr. Craig and some of the other staff at Burdette. This is the existing park, as you can see. The park expansion area is a 30 acre tract just north of the middle of the park, basically, just north of the existing park offices. It’s a 30 acre wooded tract that we are proposing some expansion of the facilities in the park. Just a few objectives that we’ve laid out as we’ve been working with Mr. Craig, we want to develop this 30 acre site (Inaudible) park. Above all else we want to minimize impact to this historic forest. This is a Class V forest that’s been protected for over 40 years, and although we want to develop that forest so that it can be better utilized by the residents and those that use the park, we do want to do so consciously and not degrade the current state of the park or that property. We want to cue up the amenity items that we want to look at. We want to scan the existing chalet area. We also want to provide a site for a new park office, and a new park event building. We also want to establish a primitive camping area on this property and expand a trail system throughout the entire 30 acres. To go through those items just briefly one by one. We have proposed four new chalet sites that are just north of the–

Madelyn Grayson: Kevin, can you turn the microphone a little bit closer to you so we can pick you up for the record? Thank you.

Kevin Krulick: Is that okay? We want to expand the existing chalet area to the north and provide for four new chalet sites. We are not looking at really architecture at this point, just more site planning and engineering planning. As we said, there will be four new sites that are at the top of the ridge here along the eastern portion of this project. We want to protect the privacy, that’s partly why those are kind of secluded up on the ridge. They will be connected to the remainder of the park, but we want those to have a certain private feel to them. We will also be providing adequate parking for each of the chalet buildings. The existing park site, again the proposed park site is along the existing creek that runs through this property, just off of the creek. We’ve shown a photo here, a rendering of what that building might be, but at this time, as we said, we’re just looking at conceptual site planning. But, we would anticipate this building, footprint as approximately a 4,000 square foot footprint. It would be the future park offices, with a potential that at some point that there is a new nature center developed within this facility. We anticipate that the facility would coexist within the existing surroundings, would sort of be built into the hill, if you will. As we said, we were trying to develop this are with minimal impacts to the existing beautiful wooded lot that is there.

President Tornatta: When you’re building these sites, looking at these sites, not meaning to interrupt, but are we thinking green? Are we thinking fuel efficient? Are we thinking making sure that they are efficient in their heating and cooling and have those systems built in?

Kevin Krulick: Absolutely. You know, at this point we’re really just looking at site planning and engineering for these sites, but even at that level we are very much looking at environmentally friendly, green design aspects. As you can see the building that’s shown there, although this is just kind of, you know, to get people thinking, it would have probably a lot of glass to help with, you know, natural light infiltration, things like that. We’ll also get to this further, but we want to develop rain garden areas that would handle and treat storm water run off from the building’s roofs as well as the parking that’s required. So, we are very much taking that into account, even at this early stage.

Commissioner Winnecke: Before you go on–

Kevin Krulick: Yeah.

Commissioner Winnecke: –along the same lines of the center here, or the main office, have any architectural consistency with like the O’Day Discovery Lodge?

Kevin Krulick: You know, that’s–

President Tornatta: Steve is saying yes.

Commissioner Winnecke: I can’t see Steve.

President Tornatta: You can’t see him. Steve, why don’t you move up.

Kevin Krulick: That’s a good possibility. You know, the Discovery Lodge, I’ve toured that. It’s a great facility. You should be very proud of it. I think that’s definitely something that could be explored. At this point, as we said, we’re not really to that point, we’re just kind of looking at planning and engineering, but, definitely, I think, to build off of the existing architectural character of the park would be appropriate. Steve, do you want to add anything?

Steve Craig: Yes, part of our ten year master plan that the Corradino Group had done for us, part of that plan was to start having some consistency in the park on the buildings. Just recently when we did the BMX club house, it looks a lot like the Discovery Lodge with the log, you know, the log motif and that. But, that wouldn’t have anything to do with not going green. We’ve entertained all kinds of ideas about the different kinds of heating and air we can use. You know, there’s geo-thermal, this is all stuff that we’ve been talking about, but we kind of want to make this a project in green. It’s the future of the park. It’s nothing that’s going to happen in a week or a month, but it’s something that’s going to happen that’s going to last for the next 50 to 100 years. So, we have looked at the fact that we want it to be as green as we can, and, I know there’s not going to be any extra monies available for utilities and that, so we have to plan for that now.

Kevin Krulick: Moving on to a couple of other points, parks event building. We would propose a new park event building, situated just north, further up the creek from the proposed park site. Again, I think this would be, you know, the possibilities are endless, but I think this would be in keeping with the existing architecture. I’m sure you’ve been to the park, I’m sure you’ve seen some of the great, old WPA buildings that were built out there. You know, I think that’s something that you build off of. Whether or not it looks like that park, or it’s some sort of an adaptation of that part of the park, I think you have great infrastructure to build off of.

Commissioner Winnecke: To what extent, excuse me, would this new reception hall compete with O’Day?

Steve Craig: I really don’t look at it competing, I look at it as filling in a space that’s needed. We probably turn down more people right now for the available dates for weekends and that than we actually rent it. It would probably not be as large as what the O’Day would be. You know, it would be a smaller one. We have different niches, you know, from the 800 person, then the next largest building we have is the Bische Building, which is 250 people. So, you know, we would probably take a look and see where it would fit in, and that would be the size of the building that we would look at building at that time.

Commissioner Winnecke: Thank you.

Kevin Krulick: For some of the space planning reasons, you know, we’ve thrown in that this is probably 100 capacity seating venue. That would be like dining seating, you know, obviously more if it’s more of an auditorium style event. Catering areas, you know, I’ll just touch on that just so we know what kind of infrastructure in terms of sewage and water mains that we’ll need to have back on the site. Not full kitchen, but the ability to warm up food and prepare food on site. The primitive camping area. The primitive camping area would be kind of opposite of the proposed park buildings on top of this ridge. It would have an access trail that would go to the existing camping area to the southwest of this portion of the site. It would be a primitive camping area, so it would have limited vehicular access, probably completely limited to public vehicular access, but it would have trails, you know, with the capacity that Steve’s people could get trucks and other things in there to do work. These would be tent camping sites. There would probably be some sort of a pad built that, you know, we would try to encourage people to pitch tents on to help, you know, help drainage and stuff like that. Also, picnic tables and fire rings, that’s the sort of nature of the camping facility that we would be talking about. No public utilities, this truly would be a primitive type of camping area. Similar to what you would see, you know, in a State park classification of primitive camping. The expanded trail system. As you can see on the plan, the trail systems go throughout the development, and we really worked to follow the nature of the contour of the land. We don’t feel as though it would be appropriate to really do a lot of earth work to get the trails in, or to build a lot of retaining walls, but we think it’s important to work with the land and to connect all the proposed amenities. Then, we’re also doing some other space planning items, you know, for options like overlooks and gazebos and other gathering places that people would want to go to. As we said, it would connect the entire proposed park system to the existing park system as well. Here we go, low impact design features that we’re going to try to incorporate, and also make this an educational component as well. As we said, the park office may someday serve as a nature facility, an educational facility. We would like to go ahead and start that education process from the beginning. As we build these types of green infrastructure, we would like to put, you know, informational, educational signage up around those, as you see, like here in the picture. Obviously, this is in a little bit more of an open field than what you would see. We do not anticipate you would remove this many trees in the park, but, that would be a key component. Again, this is maybe a little bit skewed, because this is in, you know, kind of a sea of asphalt here you see in this picture, but, definitely we would be building parking on the site to facilitate the new structures, and those parking areas would have islands. So, we would try to incorporate rain gardens in those parking islands to treat the run off that comes off of those parking lots. This is maybe more of an example of a bio-retention rain garden area that might be just out in the open. As we talked about, there is an existing creek that runs up through the middle of the site. These hatched areas that we’ve shown adjacent to that creek would be this type of facility. They would be bio-retention facilities that would collect the water, infiltrate the water into the ground, treat all the run off coming off of the buildings and the parking lots. Very much a popular, green infrastructure design feature that you’re seeing a lot now. This also does help with storm water detention. I think most of you are probably aware of some of the drainage problems that are existing within the park. This is one item that will help to alleviate some of those issues, as well as to mitigate any of the development that we’re doing on this property, any of the new, impervious surfaces that we’ll be constructing. At this point I would like to open it up to questions. The principal in charge of the project at Structurepoint is Alen Fetahagic. He is also here to answer any questions. My name is Kevin Krulick. I will be the chief engineer and project manager on the project.

Commissioner Winnecke: So, what happens now?

Kevin Krulick: Well, I think now would be a good time for any input, or, not necessarily at this meeting, but over the course of the next few weeks we would like any input that you would have, and continue to work with Steve and his staff to refine this plan. Like we said, this is just a concept. We think we’ve caught most of the ideas and the wants and needs of the park. If this is something that looks attractive to you, then we move forward into full engineering construction document design. Not architectural, so, we’re not giving you architectural plans for buildings. But, the space planning, the infrastructure to facilitate those buildings when those do come to fruition.

Ted C. Ziemer, Jr.: Does the bike path, is that anywhere near this area, this 30 acre area?

Kevin Krulick: I don’t believe so.

Steve Craig: Actually it will be. The part that he was talking about, the primitive camping, that’s going to tie into our existing campground, which actually ties directly into the trail. That’s one of the things that when we talked about putting trails all through it, they’re not going to be the paved type that’s going from USI to Burdette, but once you got there you would be able to go right into the trail system on this new property. Then you’ll actually be able to get into the park and be able to, you know, hit the trails there, then you can head back to the trail going the other way. But, it will connect in the sense that the campgrounds will connect them. But, yeah, it will be very accessible to the new trail.

Kevin Krulick: Any other questions or concerns?

Commissioner Winnecke: Good presentation.

Madelyn Grayson: I just had a question how spell Alen’s last name?

Kevin Krulick: Yes. Again, we thank you for your time. We do apologize for running a little late.

President Tornatta: That’s alright, Kevin. We appreciate it. Thank you.

Ted C. Ziemer, Jr.: Are you going to turn around and drive back tonight?

Kevin Krulick: We are.

Commissioner Winnecke: Motion to adjourn.

President Tornatta: Second. All in favor say aye.

All Commissioners: Aye.

(The meeting was adjourned at 6:38 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the June 16, 2009 Commission Meeting Minutes.

Approval of the June 16, 2009 Department Head Meeting Notes.

Building Commission: Waiver of Fee/Not OT for the Centre 7/15/09: FEMA.

Building Authority: Pay Request No. 90: Jail Project: $3,675.

Evansville ARC: May 2009 Report of Activities.

Employment Changes:

Health Department (1)              County Clerk (1)                       Circuit Court (2)

VCCC (1)                                  Superior Court (1)                     Legal Aid (2)

County Highway (1)                  DADS (1)                                  Recorder (1)

Burdette Park (4)                      Centre (5)

Travel Requests:                    Health Department (1)

Treasurer: April 2009 Monthly Report.

County Engineer: Pay Request No. 82: Green River-Burkhardt TIF Projects.

County Auditor:

June 2009 A/P Vouchers.

Barrett Law Lien Releases: Old State (1); Evergreen Heights (3); Oak Hill (1)

County Clerk: May 2009 Monthly Report.

Weights & Measures: Monthly Report 5/15-6/15/09.

Health Department: Transfer of Kawasaki Mule Utility Vehicle from City.

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer

Those in Attendance:

Troy Tornatta                            Stephen Melcher                      Lloyd Winnecke

Bill Fluty                                    Ted C. Ziemer, Jr.          Madelyn Grayson

Sue Schriber                             Steve Craig                               Mike Hillyard

Gary Heck                                John Stoll                                  Judy Mefford

Craig Blessinger                       Kevin Krulick                             Others Unidentified

Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Troy Tornatta, President

Stephen Melcher, Vice President

Lloyd Winnecke, Member

(Recorded and transcribed by Madelyn Grayson.)