VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

MARCH 7, 2006

The Vanderburgh County Board of Commissioners met in session this 7^th day of March, 2006 at 3:30 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: I would like to call to order the March 7, 2006 Board of Commissioners of Vanderburgh County meeting. We’ll begin with introductions.

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

Commissioner Nix: Bill Nix, County Commissioner.

President Musgrave: Cheryl Musgrave, County Commissioner.

Commissioner Shetler: Tom Shetler, County Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

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

(The Pledge of Allegiance was given.)

President Musgrave: The first item on our agenda is the approval of the minutes of February 21, 2006.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: I would like to welcome Debra Bennett with the grant agreement contract. Welcome, Debra.

Debra Bennett: Good afternoon. I came for two different items this evening. First, is I’m presenting a copy of a sub-recipient agreement between the Knight Township Fire Department and Vanderburgh County. The agreement is a form by the state of Indiana, it has been sent to the Knight Township Fire Department, they have approved and signed it. I’m now presenting to you this evening for approval, signature by the County Commission President, attestation by your attorney, and then it will be forwarded back to the state for approval and then sent back to the county for recording at the Recorder’s office.

President Musgrave: Is there a motion to approve?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries. And your second item?

Debra Bennett: The second item is the grant contract between the State of Indiana and Vanderburgh County for $500,000 for construction of a new fire station to replace the one that was damaged by the November 6^th tornado. This grant agreement needs to be executed by the Commission President and attested by the Auditor. In addition to that, there are three additional documents; a W-9 form request for federal taxpayer I.D. number, and two documents requesting, one by paper disbursement of funds and one by automatic deposit of funds, and both of those are to be signed by the Auditor.

Ted C. Ziemer, Jr.: Well, the other one has to also be signed by another person, doesn’t it?

Debra Bennett: Oh, yes, by you, I’m sorry.

Ted C. Ziemer, Jr.: No, no. No, the authorization.

Debra Bennett: I’m sorry, the one for paper form is by the Commission President, and by the Auditor, and approved by you. The direct deposit is just by the Auditor.

Ted C. Ziemer, Jr.: Exactly.

Debra Bennett: Yes, sorry.

President Musgrave: Is there a motion to approve that contract?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Alright.

Debra Bennett: Thank you.

President Musgrave: Thank you.

President Musgrave: Mike Duckworth, County Highway Garage with a paving update.

Mike Duckworth: Good afternoon. Thank you for seeing me early on the agenda today. Just a quick update as to where we’re at, as you well know, we held three county-wide road hearings, strategically located in each of our districts. We did have some involvement from the citizens and got some input, as well as other complaints that have been called in to our office, as well as sent to us by e-mail. We have gathered that information, as well as having our supervisors drive local county roads and checking the conditions of those roads. Today at the department head meeting I submitted you with a preliminary report on the conditions of some of those roadways for your perusal, and for you to take a look at those. I would just say to you by March 21^st, which is a couple of weeks from now, John Stoll and I, the County Engineer, will put together some recommendations for your consideration as to what roads that we will resurface and repair this year. So, I wanted to get that information to you for your input and for your information, and just to tell folks at home that if there are roadways that they see that need some work to give our office a call at 435-5777. We’ll take a look at those and evaluate the situation.

President Musgrave: So, these are roads in the county that need work, call 435-5777 over the next couple of weeks to get on the final paving list for the 2006 season.

Mike Duckworth: That’s right.

President Musgrave: We’re all looking forward to a good season.

Mike Duckworth: Last year we did somewhere between 32 and 33 miles. That did not include just the general patch work that we do. We also hope to have a pothole blitz. Hopefully, we’re kind of out of the snow season now, but, you know, the deterioration that it causes to the roadways, with the ice and the snow and the warming and the heating, and, so, the first couple of weeks of April we’ll be receiving calls and have a pothole blitz to where we can go out and patch some of the smaller areas and get ready for our paving season.

President Musgrave: But, we’ll have a more formal announcement at that time–

Mike Duckworth: Yes.

President Musgrave: –of the pothole blitz dates–

Mike Duckworth: Right.

President Musgrave: –and the phone number, the e-mail?

Mike Duckworth: Exactly.

President Musgrave: Okay.

Mike Duckworth: One last thing, I wanted you to know, give you an update on our FEMA money. We did receive documentation in the mail today to verify the monies that we will be reimbursed for, and I have signed those documents and sent them back to FEMA. Upon their receipt of that information and my signed documents, they will disperse the checks. So, I anticipate that that will be in within the next couple of weeks. I think Mr. Ziemer has an extended agreement with the insurance provider, or the property owner that those monies will be in by, I think it’s March 15^th, isn’t it, Ted?

Ted C. Ziemer, Jr.: I believe so.

Mike Duckworth: Okay, so, I would say by, you know, the second or third week of this month we’ll tie all of that together as well.

President Musgrave: Wonderful. Any questions of Mr. Duckworth?

Commissioner Nix: No.

President Musgrave: Alright, thank you.

Mike Duckworth: Thank you.

Commissioner Nix: Thanks, Mike.

President Musgrave: We have the permission to advertise the sale of 5500 Bayou Creek Road. Is, Mr. Ziemer, are you handling that? Or is Ms. Schymik here to do that?

Ted C. Ziemer, Jr.: I’m not.

President Musgrave: Okay. Commissioners, we own 5500 Bayou Creek Road, and the neighbor would like to buy it.

Ted C. Ziemer, Jr.: Wait a minute. I’m sorry, Madam President. I thought you were, let’s see, is this the same....wait just a second. Don’t we have also on the agenda–

President Musgrave: No, that was taken off.

Ted C. Ziemer, Jr.: No.

President Musgrave: Okay.

Ted C. Ziemer, Jr.: Riger, is that?

President Musgrave: Oh, I don’t know if that’s the name of the potential buyer or not.

Ted C. Ziemer, Jr.: Just a second.

President Musgrave: It is also down here under four in County Commissioners.

Ted C. Ziemer, Jr.: Under which?

President Musgrave: Four in County Commissioners. There’s a resolution regarding sale of property to–

Ted C. Ziemer, Jr.: Okay, that’s the one I’m familiar with. If that’s the same as you’re talking about here, I’m not sure.

President Musgrave: One is permission to advertise, and one is the resolution.

Ted C. Ziemer, Jr.: I’m sorry, I thought they would both be handled at the same time.

Commissioner Nix: We could table this until next week, next week’s meeting.

President Musgrave: I think we’re ready to go.

Commissioner Nix: Okay, if we’re ready to go then.

Ted C. Ziemer, Jr.: Two actions, one is to resolve to sell the property to an abutting land owner pursuant to the offer that we have received.

President Musgrave: Uh-huh.

Ted C. Ziemer, Jr.: And the second one is to authorize the advertising.

President Musgrave: Right.

Ted C. Ziemer, Jr.: So, that really one comes before the other.

President Musgrave: So, why don’t we go ahead and do the resolution first, Mr. Ziemer?

Ted C. Ziemer, Jr.: Yes.

President Musgrave: Is there a motion for the resolution regarding the sale of property?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: That motion carries.

President Musgrave: Now, a motion to advertise the sale of 5500 Bayou Creek Road?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion is carried. We move now to other permission to advertise, Purchasing.

Ted C. Ziemer, Jr.: I’m sorry about this confusion. 5500, the property that I am referring to, which is for, we have an offer for the property is 5000 Bayou Creek Road. I don’t know anything about 5500 Bayou Creek Road.

President Musgrave: I’ve now looked at my notes, and it’s the abutting property of 5500. So, that would probably make it 5000.

Ted C. Ziemer, Jr.: Okay, we have a resolution which I did send and it’s in the file, which would be a resolution that you would adopt regarding this property, Madam Commissioner.

President Musgrave: Which we did.

Ted C. Ziemer, Jr.: Okay, by that vote, okay. That will need to be signed. And then there is a notice of the sale of the property to be advertised.

President Musgrave: Okay.

President Musgrave: Mr. Lawrence?

Phil Lawrence: Madam Chairman, Mr. Nix and Shetler, I would like your permission to advertise APA-014-2006, which is traffic paint for the city and the county, and APA-015-2006, which is also the traffic signs for the city and the county.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Proceed with advertising.

President Musgrave: Under the County Commissioners agenda we have a letter to Sam Sarvis, our District Director of the Indiana Department of Transportation. Mr. Stoll is here to answer any questions you may have. Basically, as he’s coming up, this is a letter in response to a letter that we received from INDOT offering to swap maintenance and obligations for two roads.

John Stoll: Back a few years ago the county had requested INDOT to assume the maintenance of the Lynch and I-164 interchange. Initially we never received a response, and then we got the response from Sam Sarvis, and it basically reiterated some previous verbal conversations where they had asked the county to assume the responsibility of 57. So, once we received Mr. Sarvis’ letter, I worked with the Evansville Urban Transportation Study to gather some data to show that 57 will still need to be widened to four lanes, even after I-69 is built. That will be a $25 to $30 million project when it’s needed. I think it was 2025 was when EUTS was recommending it. That’s too much of a financial burden for the county to assume without an exchange for the maintenance of the interchange. So, basically, I wrote the letter to identify that as well as the fact that INDOT has seen some traffic flow benefits on Morgan Avenue as a result of the county’s construction of Lynch Road. Basically, there’s been traffic diverted from Morgan to Lynch, and that traffic diversion will even increase in the future once Lynch opens up out to 62 in Warrick County. So, I tried to elaborate on all those reasons why it’s not in the county’s best interest to take on 57, as well as INDOT has seen some benefits as a result of the county’s project, and, therefore, they should assume the maintenance without stipulating that we have to assume the maintenance of Highway 57.

President Musgrave: So, basically, we feel that the county paid for the interchange at I-64 and Lynch Road with county funds, plus some other funds, and we feel that just giving that to the state should be enough of a swap. But, we are willing to entertain other swaps if INDOT would like to propose them, but we will not take over the maintenance of Highway 57 in exchange for giving the state this interchange. From what I understand, every single other interchange is maintained by the state, and this one is an anomaly here in Vanderburgh County that the state feels we should continue to maintain it.

John Stoll: I’ve never seen any documentation that says that any other interchange on the interstate system anywhere in Indiana is maintained by a local government. On 164 all the interchanges are maintained by INDOT, so, it’s definitely the exception and not the rule as far as things go here. I can’t imagine that really is done any differently anywhere else in the state.

President Musgrave: So, there’s a letter in the packet and I would just need a motion to sign the letter.

Commissioner Shetler: Question, what is included in the interchange? I mean, is that also the ramps?

John Stoll: Yes.

Commissioner Shetler: Or at what point–

John Stoll: Basically, the ramps, everything between the ramps.

Commissioner Shetler: Everything between the ramps and then the new highway that goes over–

John Stoll: Yes.

Commissioner Shetler: –164? Including the supports that support the bridgework?

John Stoll: Yes.

Commissioner Shetler: Whatever you want to call that there.

John Stoll: Some of the data I’ve seen, they already list the bridge on their inventory, but, the ramps are not. And the way the right-of-way’s been mowed by INDOT’s mowing contractors, it looks like they try to go down where the old right-of-way lines were before the ramps were constructed on the interchange. So, they mow, if you extended the right-of-way fence straight through the interchange projects, they are mowing part of it but not out to the full limits of where the ramps are now located.

Commissioner Shetler: And how much money did the county spend? Do you have any, can you approximate just for that interchange for example?

John Stoll: The interchange construction cost about $7.5 million. The project was funded with federal funds, so it was 80/20, so our share would have been a million and a half. Off the top of my head I don’t know what the right-of-way design costs were, but in conjunction with that, as far as the diversion of traffic to Lynch Road, the county also has probably eight to nine million dollars in construction in the segment between Oak Hill to Burkhardt. There again, there’s substantial right-of-way dollars and design dollars associated with that too that I don’t know off the top of my head. Then the segment out to Warrick County is another four plus million dollars. So, there’s been significant amounts of county dollars, as well as county allocations of federal aid dollars have gone in to the project.

Commissioner Shetler: Alright. Okay, thank you. I’ll move approval.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Severe weather awareness week proclamation. Would you like to come up and explain? Commissioners, would you like to read the proclamation, or just?

Adam Groupe: Good afternoon. This week, not only in the City of Evansville and Vanderburgh County, excuse me, but state-wide is severe weather awareness week. This is something that we do every year to raise the awareness level among the citizens and the emergency responders of the threat of severe weather that we have here in the Tri-State. We feel that it’s a little more timely perhaps this year with what happened in November. Everyday has been awareness week day for storms lately, we would like to keep that rolling. There’s some initiatives that we’re doing. We’ve recently added the four new sirens out in the county. In addition to what Channel 25 is doing with Buy-Low with weather radios, we’re also working with the state to put more weather radios out. This proclamation is something that we ask that you do.

Commissioner Shetler: Thank you. Whereas, there’s several whereas’ here, so, Severe Weather Awareness Week is March the 5^th to the 11th:

“Whereas, Indiana is vulnerable to severe storms throughout the year; and, Whereas, spring in Indiana brings with it the likely occurrence of severe thunderstorms and tornadoes; and, Whereas, the months of March through June present the highest risk for severe thunderstorms and tornadoes to strike Vanderburgh County; and, Whereas, Vanderburgh County is located within the Nation’s tornado belt, becoming a prime target of devastating tornado outbreaks and other types of severe weather; and, Whereas, the extremely devastating tornado of November 6, 2005 occurred in Vanderburgh County; and, Whereas, the statewide tornado warning exercise will be held on March 8, 2006 for the purpose of testing communications systems, equipment, and procedures; and, Whereas, during this week the Evansville-Vanderburgh County Emergency Management Agency, in cooperation with the American Red Cross is emphasizing it’s safety procedures involving tornado activity. Now, therefore, we, the Commissioners of Vanderburgh County, do hereby proclaim March 5-11, 2006 as Severe Weather Awareness Week in Vanderburgh County and encourage all citizens to become aware of tornado danger and signs and learn how to safeguard the lives of their families, friends, and citizenry in the event of severe weather activity in our area.”

As a side note, I would just say, probably the most important thing is, is to heed the warnings. Something that we haven’t always done. Sometimes we take it for granted. We think it’s going to happen to another part of town, or another part of the state, or another part of the country. We learned from last year that it can happen to us. So, heed the warnings.

President Musgrave: Another thing that I would like to emphasize is for people to purchase the weather radios. They give you the same information that is given to the news media, at about the same time.

Adam Groupe: Exactly the same time.

President Musgrave: Exactly the same, that is the information that is given to the media.

Adam Groupe: Same data stream.

President Musgrave: So, you can hear it when it’s being told to the folks who would normally tell you on your t.v. or your radio. Although, I like to have all the sources, I want to make sure that I miss nothing. But, the weather radios are crucial. They will wake you up in the middle of the night, and your t.v. and your radio, sadly, will not do that.

Adam Groupe: And, as you mentioned during the press conference yesterday, the new technology will only wake you up when it affects you.

President Musgrave: That’s right.

Adam Groupe: You no longer have to hear these storms travel across Missouri, and Illinois and then beyond us. These new radios, you only put the county that you live in, and maybe the county to the south, the county to the west, and maybe the county to the north, and you are only bothered when it really affects you. Because the old technology, unfortunately, people would hear these storms go across three states, and after that first storm, they would unplug them, turn them off, because they were too annoying. That’s what drove this new technology.

President Musgrave: Let’s have a motion to adopt the Severe Weather Awareness Week Proclamation.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: I’ve also got this nice certificate–

Adam Groupe: Yes.

President Musgrave: –suitable for framing, which it’s already framed, talking about our storm ready certificate of re-accreditation.

Adam Groupe: Yes, this is our third cycle of accreditation. Storm rating is a program of the National Weather Service, where they come in to a community and they have a three page set of standards that a community has to meet 100 percent. We were the second storm rated community in the state of Indiana, and we’re the first one certified by the National Weather Service in Paducah.

President Musgrave: That’s wonderful. I think it reflects the good work that your office does for the people of Vanderburgh County.

Adam Groupe: Thank you, but it’s not only us. They went over to Dispatch, they look at the Dispatch procedures, our warning siren system, which, of course, we partner with Dispatch in maintaining and using. They look at the schools, it’s really a community award, it’s not just EMA.

President Musgrave: Well, well done.

Commissioner Nix: Good job.

President Musgrave: Thank you.

Adam Groupe: Thank you.

President Musgrave: And you’re also here to talk about the National Incident Management System resolution.

Adam Groupe: Yes, for those of you that are not familiar, NIMS, like you said, is the National Incident Management System. It’s really not an entirely new concept. It’s three quarters of something that we’ve been doing for years, started in the fire service with what we call the Incident Command System. It’s really moved to be a standard in all of public safety. We have done that here in Vanderburgh County since 1980 sometime, minimum. Probably the fire service has been doing it since the late ‘60's. So, it’s not something entirely different from what we do. The federal government though, Presidential decision directive, I believe it was 39, said that, and President Bush also issued a few after that saying the same thing, that we will operate, nationwide, in a National Incident Management System. To put teeth to that, unfortunately, or fortunately, since it’s a good idea, in order to receive any further federal funds after 2007, every governmental entity, municipal entity must adopt the National Incident Management System. Our county is now working towards compliance. This is one step in that compliance process. Public safety people from the nine disciplines are currently training to the required levels of the National Incident Management System. Again, this resolution is part of that process that we’ll be considered compliant.

President Musgrave: Okay. Is there a motion to adopt this resolution?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries. Thank you.

Commissioner Nix: Thank you, Adam.

President Musgrave: I hope that this week’s threatened severe weather passes us by. That we get some rain out of it, but–

Adam Groupe: We will definitely be getting some rain. Tomorrow evening and Thursday could be interesting.

President Musgrave: Wonderful.

Adam Groupe: Thank you.

President Musgrave: The EPA burn ban. Dona Bergman.

Dona Bergman: Thank you, Commissioners, for inviting me to your meeting. My name is Dona Bergman, and I’m the Director of the City of Evansville’s Environmental Protection Agency. I am charged with, among other things, regulating open burning in the City of Evansville and four miles beyond the city limits, but not outside of Vanderburgh County. I work in cooperation with the Suburban Firefighters Association and the Evansville Fire Department. Those people who are out in the field and on the front lines fighting fires tell me when conditions are getting too dry, and when they’re having to chase a lot of brush and grass fires around the county. When they ask me to call a burn ban, I do so. Which I did at the Suburban Firefighters Association’s request on March 2, 2006. I appreciate your support and consideration of an open burn ban. I’m aware that we expect rain, especially Wednesday and Thursday, and maybe some even through the weekend. I spoke with Chief Kahre over at Scott Township yesterday morning, after I was invited to this meeting, and we believe it would still be beneficial to call a burn ban for the remainder of the county. If we get a lot of rain, people aren’t going to be burning anyway. So, the burn ban is not really going to inconvenience anyone. If we don’t get rain, then we’ll, obviously, still need the burn ban. We know it’s going to be scattered showers and scattered thundershowers, so, there may be portions of the county that get more rain than others. So, what we would propose to the Commissioners would be for you to call a burn ban for the remainder of the county until March 14^th at your next meeting, at which time we can, I’ll have talked to the Suburban Firefighters and the Evansville Fire Department and they’ll be able to give us a recommendation if things are wet enough.

President Musgrave: Can you describe exactly what is banned and what is permitted?

Dona Bergman: It’s all open burning on the ground. That would include recreational fires. It also includes burn barrels, because sparks will fly up out of those, agricultural and ditch clearing, any previously approved open burn variances in Evansville EPA’s jurisdiction, and any previously approved air curtain incinerators. Those are the big pits that they dig, all of those are banned while the burn ban is going on. In the case of the open burn variances and the air curtain incinerators, folks do pay a fee to have those, and we can extend those variances or incinerator permits an additional two weeks without charge after the burn ban is over.

President Musgrave: Okay. Any questions? Is there a motion?

Commissioner Shetler: So moved.

Ted C. Ziemer, Jr.: I do. I noticed that the declaration says it’s “until further notice”. Are you going to come back and say when it can be lifted?

Dona Bergman: I defer to the Suburban Firefighters and the Evansville Fire Department–

Ted C. Ziemer, Jr.: I guess, what I mean, will you notify the Commissioners?

Dona Bergman: Oh, absolutely.

Ted C. Ziemer, Jr.: Okay. Thank you.

President Musgrave: You’ll come next week?

Dona Bergman: And I will be happy to come next week.

President Musgrave: Alright.

Dona Bergman: Thank you.

President Musgrave: So, we have a motion–

Commissioner Shetler: So moved.

President Musgrave: –is there a second?

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: Thank you.

President Musgrave: Contracts, agreements and leases. The bulk data transfer agreement. Attorney Ziemer, would you like to express any thoughts for the record on this?

Ted C. Ziemer, Jr.: This is, the county is interested in being able to sweep the court records regarding county employees to learn of individuals who are, I guess, convicted of crimes that might somehow impinge on their ability to satisfactorily perform their duties as employees of the county. The courts, Vanderburgh Superior Courts and Circuit Court have indicated that they would be willing to agree to such sweeping if two things occurred; one, there would be a bulk data distribution agreement entered into between the county and the administrator of the state courts, and that agreement we have before us today, and it’s satisfactory for execution. The second part of that is the courts indicated that they would provide additional stipulations that they would want to be in effect relative to this before it would go in effect, and they have not yet provided me with that. But, you do have the bulk data distribution agreement today, which would be the first step.

President Musgrave: Alright, is there a motion to adopt the bulk data transfer agreement?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Thank you. I know that took a long time to achieve this part. We’ll at least be one step closer to the information that this will provide to us.

President Musgrave: The Youth Care Center agreement. Commissioner Nix, I understand that you have an explanation.

Commissioner Nix: Yes, after quite some time of working with the County Attorney and the people from the Youth Care Center, I’m happy to have in front of us today a document that will put this all in place. I know, I guess, in last year’s budget hearings the County Council had appropriated some money to actually get this thing going, and we’ve got that in place. This will include a 36 bed detention facility for the youth care in this area. It does a lot of things, if it doesn’t save the county any money at all, which I think it will in the long run, it’s going to bring all of the children, or the juveniles that we’ve had incarcerated in a lot of outlying facilities around Vanderburgh County, as far away as maybe a hundred miles or so all put back in Vanderburgh County, closer to their parents and their loved ones. It’s a good program. I’m happy to say I was a part of it. I would like to make a motion that we approve this today and move forward with this.

Commissioner Shetler: Second.

President Musgrave: We have a motion and a second. All those in favor?

Commissioners: Aye.

President Musgrave: I think that this is an extremely exciting day for Vanderburgh County. I know that people have been working on this project for literally decades. So, I’m looking forward to the benefits that that would bring to our county.

President Musgrave: Subgrant application for Day Reporting Drug Court. I understand that you’ve reviewed this application?

Ted C. Ziemer, Jr.: I have, and it is satisfactory for execution, if approved by the Commissioners.

President Musgrave: Motion?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: Health Department, SPSP grant. This provides for an HIV counselor with federal funds, I understand.

Ted C. Ziemer, Jr.: The Health Department has received a request for proposal, and this is the proposal that they are making for this grant. What the Commissioners are asked to approve today is the signing of this by the Auditor.

President Musgrave: Is there a motion?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Sheriff Department federal annual certification report. I understand that you’ve reviewed this, Mr. Ziemer?

Ted C. Ziemer, Jr.: I have, and it’s satisfactory for execution.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The Sheriff’s Department farm land lease agreement.

Ted C. Ziemer, Jr.: Yes, I, for a number of years farm land owned by Vanderburgh County and held for the use of the Sheriff has been leased to this individual for use as farm land. We took the agreement as it has been in the past and made some revisions to it. You have it before you and I recommend it’s satisfaction for execution.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: I would like to welcome John Bolton from SMG, who manages the Centre for us.

John Bolton: Good afternoon. I’m John Bolton, I’m General Manager at the Centre. It’s my pleasure today to announce that the Centre, more specifically the auditorium located within the Centre was recently recognized as the winner of a Prime Site Award as one of the top entertainment and meeting facilities in North America. More specifically, we were one of 26 theaters in the Nation to be selected for this award. I quote, “The award winners consistently deliver the best in all categories, including; customer service, maintenance, food and beverage, technological capabilities, quality of staff, attractiveness of the facility, seating, ease of setup and breakdown.” The awards are given annually, and they are voted upon at those meeting and event planners, there’s booking agents and promoters who use the facility on a regular basis. So, it’s a great honor for us to receive the award. Some of the other theaters in the category that received the award, for example, the Kodak Theater in Los Angeles, which just hosted the Academy Awards, as well as the Chicago Theater in Chicago. So, it’s a great group to be among, and we’re proud to announce that to you.

Commissioner Nix: Do you think we could get the Academy Awards here in Evansville?

John Bolton: I wish, but you know we’re going to get close to that with the Kenny Rogers Live DVD taping, you know.

Commissioner Nix: I understand there’s also another concert. I think tickets go on sale Friday for that concert.

John Bolton: Yes, there are two concerts that go on sale Friday. James Taylor goes on sale Friday at 10:00, and Kenny Rogers goes on sale Friday at 11:00.

Commissioner Nix: Great.

John Bolton: So, it’s been a very good year. I’m also pleased to report today that the Convention and Visitors Bureau approved a joint study between our organization and the CVB in creating a unified sales strategy for the Centre. So, we’re very excited about that development. Commissioner Musgrave has been very involved with that. I’m very excited about that development. It’s kind of been months in the making, and we’re very excited about that as we move forward in trying to attract more conventions to our community.

Commissioner Nix: Congratulations.

John Bolton: Thanks.

Commissioner Nix: Congratulations, Commissioner.

President Musgrave: Thanks. Well done, John.

President Musgrave: We have John Stoll, County Engineer, with several agreements and requests.

John Stoll: First, I would like to request approval of an agreement with Bernardin Lochumeller and Associates for the right-of-way engineering and right-of-way acquisition services for the segment of the University Parkway between Marx Road and Diamond Avenue. The cost of the agreement is $130,000. The County Attorney has reviewed the agreement and was okay with it. So, I would request your approval.

Commissioner Nix: This would be funded out of?

John Stoll: The CCD line item that we have now.

Commissioner Nix: Okay, thank you.

John Stoll: Then, ultimately, once we start buying the right-of-way, then we can start using some of the federal monies that were obtained through the lobbying efforts last year.

Commissioner Nix: Thank you. Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

John Stoll: Second, I would like to request approval to go to County Council to transfer $400 from the Stockwell Road culvert project to the Repairs to Buildings and Grounds account. Both of these are in Cumulative Bridge. This is to cover the cost of reimbursable expenses in the agreement with Hafer and Associates for the renovations to the Room 305 of the Old Courthouse. Basically, when we got the P.O. , we didn’t put any additional money for reimbursable expenses. We’ve received one invoice already for reimbursable expenses for about $125-$150. So, just put a little bit more in there to cover any more that we might see.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: Third, I would like to request approval of accepting Interchange Road South for maintenance. This is 1,300 linear feet of Interchange Road South, from Burkhardt Road east to a segment that was accepted for maintenance last year.

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: Next, I would like to request street plan approval for Mystic Bridge Planned Unit Development. This is a development located on the west side of Green River Road just south of the Timbers Apartments. There will be condos in this development. We have reviewed the plans and recommend approval.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: Also, in conjunction with that same development, the consultant has requested a sidewalk waiver on that particular site, and I would recommend approval of the sidewalk waiver.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: Next, I would like to request your approval for me to sign off on a certification form that’s to be submitted to the Indiana Department of Environmental Management. This is in regard to the Rule 13 storm water requirements. This certification form basically states that the county has adopted an ordinance to deal with the construction runoff controls and that everything was prepared under the supervision of the MS4 Operator, and through the paperwork I was designated as the MS4 Operator. So, they request my signature on this form.

Commissioner Nix: Congratulations. So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

John Stoll: That’s a title I would be more than happy to pass on to somebody else.

Commissioner Nix: You’re the right man for the job, Mr. Stoll.

John Stoll: Thanks. In conjunction with that, we are in the process of working with the Soil and Water Conservation District to transfer the construction plan review and inspection program from their office to my office starting April 3^rd. So, I’ll keep you updated on that as we make progress with that. Then, the last thing that I have is just to let you know that we’re in the process of putting together a contract to do some embankment repairs due to some erosion and scour on New Harmony Road. This is located just west of Allen’s Lane, and we’ll have those quotes submitted at next week’s meeting.

President Musgrave: I was going to bring this up under Old Business, but now might be a good time. I’ve been informed that Southern Indiana Higher Education met yesterday, and that they have approved the Commissioners request to allow the engineer to go on to the Burdette Park bike path proposed site and begin that engineering work. So, you can give the engineer the notice to proceed. I would like to thank SIHE, as it is known, for meeting. Normally they only meet once a year, and they met for a second time to consider our request. I would also like to thank them for viewing our request for the right-of-way favorably. I think this is a huge step in the progress of the Burdette Park bike path. So, tell them to get cracking on the legal descriptions.

John Stoll: I’ll get the notice to proceed sent out tomorrow.

President Musgrave: Alright. Thank you.

Commissioner Nix: Thanks.

John Stoll: Thanks.

President Musgrave: Steve Craig, Burdette Park.

Steve Craig: Steve Craig, Manager of Burdette Park. I have a change order for project VC02-2006, the Bishea Building renovation. I had requested that an existing exit door for the Bishea Building be reused as an exit door on the project. The door was a seven foot door and the frame would not fit under the existing header. So, therefore, we need to put a 6' 8" door which we would have to purchase at $247.25, and we do have the money to cover this change order.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

Steve Craig: I would like to give you, at the time, a quick run down on some of the projects that we are working on right now at Burdette. We are, as I mentioned with the change order, we are remodeling our Bishea Building and enlarging it so that we can accommodate larger crowds, and also installing central heating and air in it, which we think will be a lot more efficient and save us some money in the long run on our utilities there. At the present time, the building has been enclosed, the section that we’re expanding to and the duct work for the heating and air has been installed. We’re waiting for the air handler to be delivered, and the job is on schedule. Another project that we’re working on right now is the pavilion restrooms, which are not only handicapped accessible, but they are tornado proof. They are coming on schedule also. The plumbing, the electric has been roughed in and the block is just about to be finished this week. So, we’re doing good on this. The weather has been permitting us to move along with these portions of the projects. The other main project that we’ve got going is a concession stand and shade pavilion that we are installing on the back side of our aquatic center. This will be in conjunction with the new spray park that is being installed back there this spring. The footers and the piers have been poured for the shade pavilion, and the block build, or the frame building has been roughed in with the electric and plumbing, and they’re getting ready to start the framing on it right now. Any other questions?

Madelyn Grayson: Do you have the change order for the Commissioners to authorize today?

Steve Craig: I had sent it in earlier in the week. I don’t know, has it been...I have one here.

President Musgrave: Okay.

Steve Craig: Thank you.

President Musgrave: We already made the motion for that?

Commissioner Nix: Yes.

President Musgrave: Okay, good.

President Musgrave: County Attorney, the Mary Hart lease.

Ted C. Ziemer, Jr.: No. I don’t have anything on the Mary Hart lease. ARAMARK.

President Musgrave: Do we need to confirm, with a vote today, our notice of termination of that lease?

Ted C. Ziemer, Jr.: I gave notice of termination. So, there’s nothing to confirm.

President Musgrave: Alright.

Ted C. Ziemer, Jr.: Good.

President Musgrave: ARAMARK agreement then. Would you like to discuss the ARAMARK agreement?

Ted C. Ziemer, Jr.: Yes. Earlier we reviewed and made some suggestions for really filling in the blanks in the ARAMARK agreement. Since then, Eric Williams has been working with ARAMARK to get that completed. They have done that. I’ve reviewed the completed document. ARAMARK has signed three copies of the documents, and I have the original signed copies here to give to Madelyn, should you decide to approve it today.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Are there any other department head reports? Mr. Ziemer, do you have anything further?

Ted C. Ziemer, Jr.: No, Ma’am.

President Musgrave: Let’s hold now while we change the tape.

(Tape Change)

Madelyn Grayson: Thank you.

President Musgrave: Are we all set?

Madelyn Grayson: Uh-huh.

President Musgrave: All three Commissioners attended the Major Moves rally in Indianapolis this Tuesday, last Tuesday. Would you like to give an update on the status of that?

Commissioner Nix: Yes. We had a real nice turn out there, and I think there was six busloads, maybe five going up and six coming back, busloads, a lot of representation from this area; Vanderburgh County, Posey and Warrick County, and really southwestern Indiana. There were probably five or six speakers and it was just a good day, good representation from this area. Right now, today, there are a couple members of the House and Senate and they are doing some meetings, I guess, behind closed doors to hammer out the details, but, I guess, the bottom line is that anything besides the original plan, it’s my understanding, this whole project could get thrown off track to the tune of two to three years and $60 to $100 million. So, we’re really asking anybody that’s listening, anybody’s that’s interested in seeing this project move forward to contact your legislators and make sure that they understand how you feel. This is a very, very important project for us and for the county and for southwestern Indiana. So, once again, if you can call and talk to your legislators and let them know your feelings and move this thing forward.

President Musgrave: Not only does the Major Moves proposal include I-69, which I think is key to the future of our community here, but we added up all the road projects that would be funded by Major Moves, if it went forward, and if my memory serves, there are $84 million worth of road projects in Vanderburgh County and the City of Evansville that will be accomplished if we got Major Moves. I want I-69, I want $84 million worth of projects. Please encourage your state legislators, and any other state legislators that you know, or care to spend time calling, e-mailing, talking to in person, Evansville and southern Indiana need this.

Commissioner Shetler: In addition to that, I think it’s important to point out that Indiana, while we’re not the first to embark upon this kind of financial arrangement of leasing out the toll road, there are others that have done it before us, we are certainly one of the first to do it. Next year there will be many, many more. As more and more come to that trough, it will spread the monies thinner, we will not get $3.85 billion dollars the next go around. We’ll be lucky to get half that amount of money. So, if we want this road built, we have to get it and get it now, while the getting’s good. In addition to that, there are some that are arguing that perhaps we should have another study done on it, that would mean throwing out $45 million of studies that have already been done. $45 million is a whole lot of money, plus a three to five year delay, plus another $100 million to redo those studies that were done on old monies. So, there’s no doubt, it’s now, and now is the time, and we need to get it going. Too much is riding on it for southern Indiana.

President Musgrave: Thank you. Another piece of old business is to hand over to the Auditor a check that we received for a piece of mowing that I believe had caused consternation in multiple county offices for several years. We finally, with the help of attorney Don Fuchs and his client tracked down the appropriate owner of that property, we billed them, and we have here today the check for the mowing in the amount of $4,530. I turn that over to the Auditor. I would like to ask the Auditor, if possible, since this was done out of the County Highway’s budget, to determine whether any part of this can go back in to reimburse that department for the expenses incurred in cutting this piece of property. I believe that they did it more than once.

Bill Fluty: I’ll have to review where it was paid out of originally.

President Musgrave: Okay.

Bill Fluty: And then look at that, and I’ll get back with you.

President Musgrave: Thank you very much. I’m proud of our staff person, B.J. Farrell, and Sheryl Lemmer of the Building Commissioners office who had to work, sometimes for years, to reach this happy day of getting that mowed, and, hopefully, now that we have the ownership issues all settled now, we won’t have to mow it anymore, and the owner will take it from here.

President Musgrave: We’ve reached the item on our agenda for public comment. Are there any members of the public who wish to comment on anything the Commissioners have authority over? I see no one.

President Musgrave: Consent items.

Commissioner Nix: Move approval of the consent items.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries. Is there any further business? 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 4:20 p.m.)

CONSENT ITEMS:

Employment Changes:

Burdette Park (3)                      Sheriff Office (2)                       VCCC (2)

Circuit Court (1)                        County Clerk (1)                       Health Dept. (2)

Travel Requests:

Auditor (1)                                 Commissioners (3)                   Health Dept. (4)

Burdette Park: 2005 Year End Report and Cost Analysis.

Circuit Court: Surplus request: printer cabinet.

Auditor:

Transfer request: flat panel monitor.

Surplus request: monitors, hanging file folder cart.

Fixed asset listing by department.

Commissioners:

Letter to DNR for Urgent Need Grant.

Habitat for Humanity Letter.

Disabled American Veterans Letter.

County Engineer-Old Courthouse Lease Agreement.

Veterans Services-Old Courthouse Lease Agreement.

Artwork Unlimited-Old Courthouse Lease Agreement.

IBAP Gatekeeper-Monthly Report-February 2006

Union Township Trustee 2006 Poor Relief Guidelines

Department Head Reports:

Burdette Park                           County Engineer             County Highway

Ozone Officer                           Supt. Of Bldgs.               CIO

Veterans Services

Those in Attendance:

Cheryl Musgrave                      Bill Nix                            Tom Shetler, Jr.

Bill Fluty                                    Ted C. Ziemer, Jr.          Madelyn Grayson

Debra Bennett                          Mike Duckworth              Phil Lawrence

John Stoll                                  Adam Groupe                 Dona Bergman

John Bolton                              Steve Craig                     Others Unidentified

Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Cheryl Musgrave, President

Bill Nix, Vice President

Tom Shetler, Jr., Member

Recorded and transcribed by Madelyn Grayson.