VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

MARCH 14, 2006

The Vanderburgh County Board of Commissioners met in session this 14^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: Alright, I’m going to call to order the March 14, 2006 Board of Commissioners of Vanderburgh County. We’ll start with introductions to my right.

B.J. Farrell: B.J. Farrell, Superintendent of County Buildings.

Kathryn Schymik: Kathryn Schymik from the office of the 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: If you’ll join me in the Pledge of Allegiance.

President Musgrave: We have the prior minutes of March 7^th to approve.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Our first action item is the permission to open quotes from the County Engineer. That’s VC06-03-01, New Harmony Road embankment repair. Is there a motion?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. If the attorney would please begin to open those.

President Musgrave: I’m pleased to welcome Mr. Mark Foster. Is Mark here?

B.J. Farrell: He did call, and he’s on his way.

President Musgrave: Well, he asked to be first, so, we’ll just have to move him back.

B.J. Farrell: Well, sometimes court gets in the way.

Commissioner Nix: Is that him? There he is.

B.J. Farrell: Here he comes.

President Musgrave: Oh, here he comes. You’re just in time to give us your update on the polling place recommendations. Mr. Foster is the Commissioners appointee to the Polling Place Advisory Committee, and is here to advise the Commission on where we will be voting, hopefully, in May and November this year.

Mark Foster: Thank you. I’m Mark Foster, Vice Chair of the Polling Place Advisory Committee. I think everybody’s got a list of the polling places. The ones that are highlighted are the changes, and everything’s been finalized, particularly in 2-1, just finalized this morning with Nativity Church. Then in Center two others have been confirmed, Bethlehem in C-4 and C-8 McCutchanville Fire Station. In K-2, from Indian Woods back to Angel Mounds, I think Angel Mounds was under renovation last year, and that’s been confirmed that they do want us back, and the people in the precinct want to go back. So, I think everything else is...so, we would ask the Commissioners to adopt the list as presented.

President Musgrave: Are there any questions or comments?

Commissioner Shetler: I would like to point out that the committee has put in a tremendous amount of time and effort in to deciding on the places and the locations, with a tremendous effort on making sure that these are all accessible for disabilities. So, we have complied, I think, pretty much with the new state mandates on all of these precincts that we possibly can. We’ve used schools as often as possible, and churches in other circumstances.

Mark Foster: Right.

Commissioner Shetler: But, they’re no longer in homes and garages and in back alleys and stuff that you used to find polling places. These are government buildings, and I think you’ll find that they’re in good professional locations with parking lots.

Mark Foster: Well, they’re almost always schools, government buildings, churches, a few apartment clubhouses, but, and, hopefully, within the next year there may be some modifications, depending on some negotiations with the School Corporation, but, it may open up some more avenues there.

Commissioner Shetler: A perfectly good example of one, is one that used to be at the County Garage. This was a change that was made even as late as today, and that is going to be in the McCutchanville Fire, hose house just right down the street on St. Joe Avenue. So, most of these were changes that were within blocks of the old locations, but, again, a lot cleaner, a more desirable location, in many cases they have bathroom associated with them, which they didn’t always have before. For 12 hour days that works out well.

Mark Foster: Like I say, others that we’ve had problems with in the past that were very unaccessible, stair, narrow staircases, they’re not handicap accessible. We’ve moved a few of those to make them more accessible. So, I really think, and we’ve taken a lot of input from the Count Us In people and HAVA to get everything accessible.

President Musgrave: Commissioner Shetler, I know that you’ve put in a number of hours working with the committee, and I want to thank you for your efforts. I appreciate the committee’s efforts. Ms. Farrell, I know, serves on that as well. So, would you please extend our thanks to them?

Mark Foster: I will.

President Musgrave: Is there a motion to approve the polling place locations?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

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

Mark Foster: Thank you. Sorry I was running a little late.

President Musgrave: That’s alright.

President Musgrave: Vision-e update. We will move past that.

President Musgrave: Dona Bergman, the burn ban update. Is Dona here?

Commissioner Shetler: Flooded out.

Commissioner Nix: She couldn’t make it, high water.

President Musgrave: Commissioners, do you see any reason to continue the burn ban? Or would you prefer to waive it?

Commissioner Nix: I would say—

Commissioner Shetler: Let me think about this.

Commissioner Nix: The only problem we would have now is getting fire trucks to the fires with a lot of this road stuff.

Commissioner Shetler: Do we need a motion?

President Musgrave: I would say.

Commissioner Shetler: Okay, move–

President Musgrave: To lift?

Commissioner Nix: To rescind or lift?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries. Ms. Patty Avery for Girls in Bloom update.

Dona, we just lifted the burn ban.

Dona Bergman: Thank you.

President Musgrave: Okay.

Dona Bergman: If you all want it to rain again just ask me to call a burn ban.

President Musgrave: That’s what we’ll do, but I don’t think it will be anytime soon.

Dona Bergman: I would like to be of service.

President Musgrave: Okay.

Dona Bergman: You all have a good afternoon.

President Musgrave: You too.

Commissioner Nix: Thank you.

Commissioner Shetler: Thank you.

President Musgrave: Ms. Avery?

Patty Avery: Good afternoon. I’m here on behalf of the Girls in Bloom Committee to bring you a report of a tremendously successful event. I hope you saw the coverage in the newspaper, which was outstanding. Our coverage in the local media was excellent. Today we have Amy Walker from the Public Education Foundation, and Dorrie and Amy LoBue with us. Many of our committee members today send their regrets today, Jan Daviess, especially, Lu Porter, Nancy Kovanic, as we’re all working women with families, you can imagine the number of things that come up. The Delaware Divas had hoped to be here today, but weren’t able to work it out. We had, all together with adults and girls in attendance, we had approximately 500 people there this year.

Commissioner Nix: That’s great.

Patty Avery: It was a tremendously successful event. Actually, when I walked in to the lunch room, which had been set for 490, and I saw how full it was, it took my breath away to see how the event has grown. We offered a total of about 60 workshops, we added workshops that last week, including one workshop for parents about the Girl Culture exhibit that’s coming up. As I said, it was a day that exceeded our own expectations. To hear the girls, their feedback at the end of the day as well. We give out feedback forms, but this year we did them at lunch to make sure they got done, and their feedback was wonderful. Actually, on the comment,”What would you change about Girls in Bloom?”, the highest percentage was nothing.

Commissioner Nix: Great.

Patty Avery: It’s a great day. We’ve tabulated all of that. We would be happy to share that with you. We’re in the process of tabulating the parent responses as well. I did want to share with you that we were honored by the Indiana General Assembly a week ago Monday. Representatives Crouch and Avery introduced this Resolution. It’s very, very brief, I’ll read it to you. It says:

“Whereas, Girls in Bloom is a day of art, writing, music and dance for 5^th to 8^th grade girls and their parents or guardians; Whereas, it is during this time of their development that young girls are searching for themselves and are faced with many challenges; Whereas, the girls who attend Girls in Bloom are encouraged to find ways to help everyone become aware of the challenges faced by adolescent girls today; Whereas, in the previous two years of the event, many of the participants have come away from the event feeling empowered and able to use their talents to express themselves in a positive way; and, Whereas, Girls in Bloom was created to help girls recognize their talents and establish and reach their goals; Therefore, be it Resolved by the House of Representatives...”

And all that good stuff. So, it was a wonderful day, the Divas joined us up there. When we were given the opportunity to go, we said,”What is Girls in Bloom without the girls who participate?”, and the Divas have participated every year. So, just when I thought my fundraising was done, I got back on the phone and raised, we worked to raise the money for them to come up too. They had a wonderful day. They got to tour the Statehouse, and had lunch and went to the Children’s Museum after that. So, it was a very exciting day of empowerment for them to get to stand before the General Assembly. One little girl named Asia told them the things that she learned at Girls in Bloom. So, it was a wonderful day. I’ve brought you a copy of this. We’re taking a breath. We’re at work planning an event for the fall in conjunction with the Girl Culture exhibit, and it will be held, we’ll meet at the museum and then we’re working on a place to meet afterwards for high school girls. But, we’re looking to expand and giving serious thought to the direction in the next year. But, we just wanted to come back and thank you once again for your support.

President Musgrave: The one comment that we received could be classified, I guess, as a jealous comment, in that someone expressed a desire that boys should have a conference of their own. So, I guess, we should take this as a challenge to those who would get together and organize such a conference for boys. I’m certain that the Commissioners would support that as well.

Patty Avery: Well, certainly our committee is willing to share the lessons that we have learned along the way, they’ve been many, and to share the resources that we’ve found to be particularly helpful. Actually, we’ve been really encouraged, one of the reasons that Representative Crouch asked if she could introduce this Resolution was she wanted to get the model out there for other communities to see. We’ve already been contacted by people who actually watched on the Internet or were in attendance and are asking us for information on how they can start a similar program. So, we’re very encouraged. Again, thank you very much.

President Musgrave: Thank you.

Commissioner Nix: Thank you.

Commissioner Shetler: Patty, just real quickly, can you give a little bit of illustration how a couple of years ago when you started how many people you had attending, and then last year and this year? You said 500 this year.

Patty Avery: The very first year at the Old Courthouse we had a total of about 200, counting, and this includes the girls in attendance, teachers, parents, guardians, and all of our presenters and volunteers. The second year we doubled to 400.

Commissioner Nix: Wow!

Patty Avery: We held our breath and wondered what would happen this year, and we hit, as I said, we hit 500 this year.

Commissioner Nix: How many people did you take to Indianapolis? I was just curious.

Patty Avery: Um, out of our committee, I think about ten of us, and the Divas they brought 20 of them.

Commissioner Nix: Good.

Patty Avery: So, it got crowded back behind the podium that morning. If you want to look, if you’ll go to the archive on the legislatures website you can see that. If you’ll go to March 13^th and click on, I think we’re about 15 minutes in or something. But, again, thank you so much.

Commissioner Nix: Appreciate all your work on that.

Commissioner Shetler: Thank you.

President Musgrave: Next on our agenda is Maddison Seib for the public health emergency preparedness. I believe you have an agreement for the Commissioners, is that correct?

Maddison Seib: A mutual aid agreement for District 10. I brought Dan Gettelfinger with me from the Indiana State Department of Health to speak to you about that.

President Musgrave: Thank you.

Dan Gettelfinger: Good afternoon. My name is Dan Gettelfinger, I’m an attorney with the Indiana State Department of Health. I can speak very briefly to the mutual aid agreement that’s before you for your consideration this afternoon. The basic purpose for this is to provide a legal framework under which neighboring jurisdictions can render aid and assistance to each other when local ability or resources to deal with a situation are inadequate. The benefits of this type of agreement are mainly on the back end. As we saw recently with your tornados last fall, there’s no reluctance or reticence on the part of the good folks down here to work across county lines to help each other, but what this can do is help you on the back side, in terms of avoiding disputes over reimbursements and issues that might arise having to do with civil liability. So, it can avoid post response administrative conflicts and litigation, and it can also help, have the added benefit of helping with planning and coordination and resource allocation between the local health departments. For example, one health department may choose not to lay in, you know, enough tetanus vaccine for something like a tornado, when they know they can go across the county line and borrow it from Warrick County and get reimbursed. So, that’s the kind of situation that this was contemplated to deal with. If you have any questions, I would be more than happy to address those.

President Musgrave: I believe the County Attorney has reviewed this and found it satisfactory for execution. Thank you for coming. Is there a motion?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. That mutual aid agreement is now approved.

Dan Gettelfinger: Thank you.

President Musgrave: Thank you very much.

President Musgrave: FEMA summary. Sherman Greer is here to present a summary of the FEMA reimbursements that we will get.

Sherman Greer: The, as of this date, the FEMA reimbursements that we have received is $34,912.94 for the Emergency Management Agency. Knight Township Fire Department, I haven’t been able to get a total from them as of yet. They’re still working on that. The person that keeps their books is a volunteer also, maybe they can inform me tomorrow. Vanderburgh County Coroner’s office received $18,600. The Building Commission, $3,147.12. Animal Control, $5,260.75. This was the last one that I’ve got and it just, I just got these numbers before I came here, so, we’re hoping that it’s correct. It’s from the Sheriff’s Department for $144,000. Then, the County Highway, I do not have a figure on them for the simple reason that they just revised their application last Tuesday or Wednesday, and it hasn’t, it’s got to go through the system before we’ll get a reimbursement in that area. The Central Dispatch got $4,432.29. Those are the eight categories that we filed for, and that is the status them as of today.

President Musgrave: Okay. Thank you very much.

President Musgrave: Over the past several days, it seems like at least a week that we’ve had this terrible weather and the news is once again reminding us of the awful destruction that Mother Nature can visit upon us. I’ve worked with Sherman in developing a letter of commendation to FEMA. I would like to read this letter, because it expresses, I think, how we feel about the level of expertise and caring that FEMA showed to us during our crisis in November. I will read it now.

“On behalf of the citizens of Vanderburgh County, we thank you for the assistance FEMA gave us in the days after our community was struck by a tornado on November 6, 2005. The support FEMA provided to our local and state emergency responders was invaluable, and the dedication and professionalism of the FEMA staff who worked with us was exceeded only by their compassion. Their efforts helped us swiftly clear the debris from the affected area and give assistance and comfort to the families who had lost their homes, or their loved ones. We are also grateful to your agency, FEMA, and to President Bush for the expedited processing of Governor Daniel’s request for a federal disaster declaration. The funds made available to our community made a real difference in our ability to recover. We especially wish to recognize the outstanding efforts of our Federal Coordinating Office, Brad Gair, and Jeanne Kern and her Public Assistance Program staff from Region Five. Their cooperation with the Indiana Department of Homeland Security and the Evansville-Vanderburgh County Emergency Management Effort was a model of efficiency and effectiveness. Although we hope that the citizens of Vanderburgh County never face a tragedy of such proportions again, we are reassured to know that the federal government stands ready to aid us in the event of another crisis.”

I would like to have a motion to approve sending this letter to David Paulison, the Acting Director of FEMA, with copies to President Bush, the Governor, our Senators, Congressman, Michael Chertoff, the Secretary of Homeland Security, the Regional Director of FEMA, Edward....I can’t pronounce his last name.

Sherman Greer: Buikema.

President Musgrave: Okay. And Eric Dietz the Executive Director of Indiana Department of Homeland Security.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

Sherman Greer: Better for me to butcher his name than you.

Sherman Greer: Could I take another moment? We’ve got flooding that’s going on right now, and I want to pass these maps out to you. The flooded areas, these are maps that we got from GIS. What I would like to, I’m getting a lot of phone calls today on why is it that we can’t come out and pump their basements out, or put sandbags up around people’s homes? As you know, I’ve got a three person department. We can supply everyone with sandbags. From what I understand right now, Mulzer is taking sand out and dumping it so that people will be able to have sand with no charge to them. That’s very, very nice of them, and shows a lot of citizenship on their part to be able to do that. But, as you can see here with the map, on, the Pigeon Creek area, the Pigeon Creek area is where the blue is right here, this is where we’re getting most of our flooding, Heckel Road, out in to those areas there off of Pigeon Creek. Right now the river is not supposed to crest until Thursday, about 10:00 a.m., I think it is, as 36 feet. So, it’s not backwash, it’s not backwater and everything, because the river is still draining, it’s still draining in to the Ohio. All I can tell these citizens right now is to be very conscious of the water levels and everything as they are, and if you need sandbags, please come in, or call in and then we’ll meet you and give you sandbags that you can go back to your homes and get some people to help them out. I had one lady that called and wanted the National Guard to be activated so they could come out and help sandbag her home. I really feel for these people, but it’s one of those things to where that, you know, we would have to have a State of Emergency, and we’re not near a State of Emergency, I don’t think, right now in Vanderburgh County. Some of our surrounding counties may be declaring State of Emergency within the next 24 hours or so. But, you know, with our levee system and the pumping stations that we’ve got, the only problem that we really have always is Pigeon Creek draining off in watersheds to where that the water just spreads out. So, those people that are in those areas, you know, if they need some assistance as far as sandbags and sand that Mulzer’s is helping them out with and everything right now, we have those for them, we have that assistance. But, as far as manpower and pumps and different things of that sort, we just don’t have those to offer our citizens. But, we’re willing to do anything...I got a call from Governor Daniels office also in reference to some people that are thinking that we’re not doing enough, but we’re doing everything that we possibly can right now.

President Musgrave: What advantage would declaring a State of Emergency have anyway for someone’s home that is flooded now or is threatened to be flooded?

Sherman Greer: It’s just like the State of Emergency that we do for the snow. It’s just making people aware, just, you know, this is happening, be aware of it. Until it reaches, and, as you know, from the tornado situation, the state of Indiana is going to have to reach an eight million cap before we can get a declaration out of this.

President Musgrave: And that’s an eight million dollar damage to public infrastructure.

Sherman Greer: Damage to public infrastructure and things of that sort, like roads and different things. You know, we called the Highway Department, and the bad thing about flooding is, is that you can’t really see how much damage is done until the water goes down. You can estimate that, but you can’t really, you can’t really see how much damage is done until the water, you know, recedes. So, it’s going to be some time before that’s even going to happen. Some parts of the state, northern parts and all along the Wabash and everything else, they’re declaring State of Emergencies right now, but that is not, that doesn’t break lose anymore assistance or anything of that sort right now.

Commissioner Nix: And our County crews have been out working some long hours, making sure these areas are secured. I know, that’s one thing we need to get out to the public is that if there’s barricades across roads, please, please don’t take those barricades down and drive through them. The water may look shallow and may look like there’s not a lot there, but you just can’t take that chance.

Sherman Greer: I have the, I’ve been giving people instructions to call their, if they’re in the township, to call their township fire department, to maybe that they could come out and give them a hand. But, there again, they’re upset with the township fire departments because they can’t drive through that water. They’ve been instructed not to drive through that water also, the same as you and I have and everything with their fire trucks. So, it’s one of those things to where that, right now, we’re in a situation to where that we can offer as much help as we possibly can. There’s people out here that will help. The lady that wanted the National Guard to come out, her son or husband, I’m sorry, her husband is a National Guardsman and he got four or five other National Guardsman to come out and help him. I don’t want people to think that we’ve activated the National Guard at that time and everything, because we can’t do that. Only the Governor can do that.

Commissioner Shetler: Sherman, I did suggest earlier that we could become a little bit more proactive. This doesn’t have to do with your department, but maybe with the Garage. We came up with a system last year of developing snow routes in a State of Emergency, when it comes up. We could do the similar type of things, the same roads seem to be flooding every time the water does get to a certain point. So, in anticipation of that, what we ought to do is devise a flood route, if you will, so that the people will automatically know that if you have a situation like that, and Green River Road is blocked off, that there is an ideal route to travel to get to work, as opposed to being kind of left stranded or left thinking what do I do today?

Sherman Greer: I live off of Oak Hill, and people are doing that now. The ones that go down Green River Road, they’re all coming Oak Hill, as of now. They plan their routes, I guess, to a certain extent, but some of these people and some of these places, like Heckel Road at the end, they’re land locked.

Commissioner Nix: Right.

Sherman Greer: You know, they can’t go any further. You know, there’s only one way in and one way out in some of these areas. But, I think that’s a good idea that we can look at areas that are land locked like that to figure out exactly what it is that we can do to help these people out in these type of situations. We do have snow routes, you know, not reinventing the wheel, see how much of those snow routes we can use also for flood routes or something of that sort and everything. I would be willing to work with the County Highway Department and city also, because we do have some places within the city that flood every time we get four or five inches of rain like that.

Commissioner Nix: Do you have an anticipated, you said the rivers are supposed to crest Saturday morning?

Sherman Greer: No, Thursday about 10:00 a.m.

Commissioner Nix: Thursday, excuse me. So, at that point, the water should start subsiding in these areas then, for the most part?

Sherman Greer: It should, but, there again, you know, when I talked to the National Weather Service last night, I had to give them a call, because a lady called me and I wanted to talk to their hydrologist there to see exactly what they anticipated the water levels would be, and they were saying that the closer you are to the Ohio River on Pigeon Creek, the draining is going to happen, more or less, it’s the backflow and everything that they’re concerned about. So, and they said, you know, we’ll give you this information, Sherman, but it’s not an exact science that we can do it. They have no monitors on Pigeon Creek. Those were taken out about seven years ago due to funding and everything. So, you know, we’re getting, a lot of that water’s coming down from Gibson County, and it’s just too much for it to drain at, that system that we have and everything to drain. So, that’s where we are right now, and we’re willing to help anyone out as we possibly can.

President Musgrave: Let me make a follow up question regarding the National Guard. Even if we had a declared emergency and you called out the National Guard, would the National Guard put sandbags around people’s homes? What would they do?

Sherman Greer: You know, nine times out of ten they’re usually working on levees and public areas where to people, you know, roads and different things of that sort. I can’t give you an honest answer on that, whether or not they would go to individual homes and do that. If all those public areas, you know, like the levees and different things like that were taken care of, I’m sure, those gentlemen from the National Guard and everything, they’ll do just about anything. I mean, we got that, we got a good indication of that from the tornado. They’ll do anything that they can to help us out.

President Musgrave: Okay. Thank you for your efforts. What is your number in case someone needs sandbags?

Sherman Greer: 435...

Commissioner Nix: Work number, right?

Sherman Greer: 435-6020.

President Musgrave: Alright.

Sherman Greer: That’s, 435-6020. If you call after 5:00, leave a message and mark it urgent, and it rings my phone at home or whatever and everything. So, I’ll be able to get to them.

President Musgrave: Alright, thank you.

Commissioner Nix: Thanks, Sherman.

Sherman Greer: You’re welcome.

President Musgrave: Next on our agenda is Resolution CO.R-03-06-009, to approve creation of new or 20 percent enlargement of an economic development area. You’ve received copies of this in advance, and I know that we have an Assistant County Attorney here to answer any questions, if you want to come forward, or not.

Charles Compton: Charles Compton, one of Ted Ziemer’s partners. The resolution’s before you. It’s fairly self explanatory. The Burkhardt Road TIF area has been in existence since 1995. There’s been action taken by the Redevelopment Commission to expand the geographic scope of the Burkhardt Road TIF area. They have approved that expansion. A report has been given to the Plan Commission regarding that. They have a Plan Commission order approving that the expanded area complies with the development plan. The action before you is to simply confirm the declaratory resolution that was undertaken by the Commission to approve the amended plan to expand the area and to approve the Plan Commission order.

President Musgrave: Is there a motion?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: Thank you.

Charles Compton: Thanks.

President Musgrave: Next is Resolution CO.R-03-06-008, transferring property at 105 Madison, 600 Jefferson, and 743 E. Chandler. Would you like to address this?

Kathryn Schymik: I will. These three properties are properties that the County Commissioners currently hold title to. The Redevelopment Commission has identified these properties as properties that they would like to take control of in order to improve these properties and get them back in to public use, eventually. Under Indiana Code 36-1-11-8, the County Commissioners can transfer, by resolution, property to another government entity. So, today, if the Commissioners choose, they will approve this resolution. The Redevelopment Commission will, at their next meeting, approve a similar resolution that will effectuate the transfer of these properties.

President Musgrave: And that’s the City Redevelopment Commission?

Kathryn Schymik: Yes, I’m sorry. It’s the Evansville, City of Evansville Redevelopment Commission.

President Musgrave: This is part of our continuing program of cooperation with the city transferring inner city properties for redevelopment in a positive way, breaking that cycle of destructive ownership. Is there a motion?

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We also need to do title searches for these properties. Do we need to have a motion to do the title search?

Kathryn Schymik: Those are actually, separate properties. There are, and I can give you the property addresses; 129 Washington, 634 Jefferson, 822 Lincoln, and 501 NW Third, are properties that have been on two tax sales and have not sold. The certificates were delivered to the Commissioners, and the Commissioners will elect, they will eventually take title to those, and then by similar resolution to what we just discussed, transfer them to the City of Evansville Redevelopment Commission. The first step in taking title to those properties is to obtain 30 year title searches on each property. So, if you all would entertain a motion possibly.

President Musgrave: For the last group of properties that we did title searches, the city covered those costs. Are they willing to do so in this case?

Kathryn Schymik: I think that’s something that they have entertained, but we have not discussed that. We don’t have anything in writing committing them to that.

President Musgrave: Do you want to come to the microphone and commit on the record?

Carolyn Rusk: No.

President Musgrave: This is Carolyn Rusk of the Department of Metropolitan Development. Could I ask you to just iron out that wrinkle?

Kathryn Schymik: Uh-huh.

President Musgrave: But, we’ll go ahead and approve the title searches, but–

Commissioner Nix: I’ll make that motion contingent on that.

President Musgrave: Okay.

Commissioner Shetler: I’ll second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: That motion carries.

President Musgrave: Contracts, agreements and leases. The Health Department Vector and Rodent Control, the trash contract. Is Justin Manning present from the Health Department?

Justin Manning: I am present. Just, this is a service agreement that we have with R&R Hauling, we’ve had in place for the last four years. We have been agreeable to the job that he has done and would like to extend that agreement with him.

President Musgrave: Are these for Vector and Rodent Control in the entire county, or in the unincorporated county?

Justin Manning: The contract is with the Health Department, so, it’s a county, but on top of that, the city uses this contract, because the Rodent Control Division is overseen by the Health Department. There are two different sources of funding, there’s the Community Development Block Grant that funds a target area within the city, and then the County Health Department has funding that they use outside of that target area.

President Musgrave: Okay.

Justin Manning: So, this contract applies to both of those programs.

President Musgrave: And this covers removing trash and debris from properties that have been cited, noticed?

Justin Manning: Yes.

President Musgrave: And also for rodent control, bating rats?

Justin Manning: Yeah, we don’t charge for that program. This is purely trash and debris removal.

President Musgrave: Okay. How many of those properties do you expect to be able to cover with this?

Justin Manning: Last year we cleaned 160 approximately, and that’s been the number approximately the past three or four years with the funds that the city provides. The trash and debris fund for the city is about $50,000, and that comes from HUD and is a Community Development Block Grant.

President Musgrave: I understand that the city is about to adopt an ordinance to allow them to resume debris removal from properties?

Justin Manning: That is correct. We’ve had a hold on that. The city attorneys wish to put in the ordinance a hearing procedure for people to be able to voice an appeal to these, and, so, once that’s in place and we get the hearings going we’ll be able to resume cleaning properties in the city.

President Musgrave: Is this an ordinance that the county should adopt?

Justin Manning: I don’t have an opinion on that. You would need to talk to your County Attorney.

President Musgrave: When the ordinance gets approved, I would like you to forward it to us–

Justin Manning: Okay.

President Musgrave: –so that we can seek an opinion on that.

Justin Manning: We sure will.

President Musgrave: Okay, is there a motion?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: We have another Health Department item, the dental equipment maintenance agreement. I understand that it has been reviewed and Gary Heck is here to answer any questions.

Gary Heck: Gary Heck from the Vanderburgh County Health Department. In order for us to be able to open the dental clinic, one of the steps is to have a fee ordinance adopted. That will allow us to have the charges that would be in place. This amendment to the fee ordinance that got modified just recently is the step that the County Attorney recommended as the way to do it. I would be happy to answer any questions, if you have any.

President Musgrave: Is there questions?

Commissioner Nix: No. Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

Gary Heck: Thank you.

Madelyn Grayson: Commissioner Musgrave, was that the dental equipment, or was he talking about the ordinance? That’s down further on the agenda.

Gary Heck: Oh, I’m sorry.

President Musgrave: He was talking about the ordinance, Chapter 2.40 of the County Code, excuse me. Before we can make a motion to approve it, we need to make a motion to waive the second reading. Is there a motion to waive the second reading?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes. Now, is there a motion to adopt the ordinance?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes as well.

Gary Heck: I apologize. There was two generally related items there.

Commissioner Nix: Right.

President Musgrave: Let’s just go back to make the record clear and adopt the dental equipment maintenance agreement, which allows them to install and maintain the equipment itself.

Commissioner Nix: I looked through that, that’s just a one year contract, is that correct?

Gary Heck: It’s a standard agreement, and it’s a one year, I don’t know if it’s closed ended--

Commissioner Nix: Right.

Gary Heck: –but, it’s only for a limited amount of hours. A one year period is what we discussed with the County Attorney.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Have we finished with the Health Department?

Gary Heck: Under all the action items, I think there’s some consent items.

President Musgrave: Okay, great.

Gary Heck: But, we’re fine other than that. Thank you so much.

President Musgrave: Thank you.

Commissioner Nix: Thanks.

President Musgrave: Burdette Park, the National Bicycle League lease. Mr. Steve Craig?

Steve Craig: Steve Craig, Manager of Burdette. I was wanting to get permission from the Commissioners of Vanderburgh County to enter into a lease with the National Bicycle League. The revised lease is satisfactory for approval according to Mr. Ziemer, the County Attorney.

President Musgrave: Is there a motion?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: This allows the BMX racing to go forward, right?

Steve Craig: Yes, Ma’am.

President Musgrave: Looking forward to it.

Steve Craig: Thank you.

President Musgrave: We move now to ordinance CO.03-06-008, storm water ordinance correction for technical error. In order for this to be the first and final reading we’ll need to make a motion to waive the second reading. Oh, Mr. Surveyor Jeffers, do you have any remarks to make?

Bill Jeffers: I was just here in case you had any questions about it.

President Musgrave: No.

Bill Jeffers: I think you were probably filled in by Mr. Ziemer.

President Musgrave: Yes.

Commissioner Nix: Yes.

Bill Jeffers: But, I would like to put a plug in.

Commissioner Nix: We need more than one plug right now.

Bill Jeffers: We need quite a few plugs out there today. The Homebuilders Association is having their monthly meeting this evening from 5:30, they have a social hour, and then at 6:00 John Stoll, the County Engineer, Mike Wathen, his assistant, and myself are presenting a short power point on this ordinance. For anyone who’s interested, it’s at the Holiday Inn North, just north of Lynch Road in the banquet room.

President Musgrave: Okay.

Commissioner Nix: Thank you.

President Musgrave: Is there a motion to waive the second reading?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes. Is there a motion to adopt the ordinance?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes. The ordinance is adopted.

President Musgrave: Department heads. Mr. Craig, could you inform Mr. Stoll that he is up? John Stoll, the County Engineer will be making his way forward. We sent out a little bit of media information today regarding one of the RFP’s that Mr. Stoll will be discussing. We’ve been working on this for a number of months now, and it addresses what will be a solution to the Green River Road flooding, and that it will be to raise and widen the road. This is an action that depended upon the adoption of the resolution to expand the TIF district. Mr. Stoll, you have several RFP’s.

John Stoll: Yeah, the first RFP is for several locally funded projects, one of which is Green River Road. That is actually split in to three phases. The first section is between Lynch and Hirsch, and the RFP in that case is for construction inspection services for when we can get that project out for bid later this year. The second phase of Green River between Hirsch and Heckel is for design, right-of-way and construction inspection services. Then, the third phase is between Millersburg and Heckel, and that is also for design, right-of-way and construction inspection services. The other project that will be funded through the TIF district that’s in that RFP is Cross Pointe Boulevard between Virginia and Morgan, and that will consist of widening the three lane sections to five lanes, as well as construction of a new five lane road between Columbia and Oak Grove. Then, the final project in that RFP is a proposed bridge on Baseline Road over the CSX railroad tracks. This is a project to be funded with the Cumulative Bridge Funds. It is proposed to be a two lane bridge that could be ultimately widened to four lanes at some future date when funding and traffic warranted it. In addition to that RFP for the locally funded projects, I also put together a second RFP for the phase two of the Green River Road project. That RFP is basically identical to the other, the first one in the sense that it also calls for widening and raising Green River Road, but it assumes that federal funds will be used on the project. For following federal funding procedures, we have to have RFP’s available for a minimum of 30 days. So, the initial, the first RFP I discussed has a submittal date of April 4^th, while the second one for the federal funds has a submittal date of April 18^th.

President Musgrave: If you can hold on while we change the tape.

John Stoll: Sure.

(Tape change)

John Stoll: Then, there was one final RFP in there, and it’s also for a federally funded project. It’s for the bridge inspection. This is the bridge inspection that we have to get every two years for all bridges 20 feet or greater in length.

President Musgrave: Any questions?

Commissioner Nix: No, I’m just real excited to see these projects move forward, especially the Baseline Road project. I know that’s something that just kind of hit the radar screen a month or two back, but I envision over some time to have a possible four lane from there over to, maybe made up with University Parkway. I think that would be a real asset for the community, and this would be the start of that. I know that there’s been some safety concerns from the emergency people out in that area, ambulance and fire access to 41 off of Baseline. I know when the trains come up along, parallel on 41 there, sometimes they stop there for some length of time, and this would eliminate that problem. It would relieve some congestion and traffic on Ingelfield. So, I think all these are very, very good projects, and I’m really looking forward to getting them moving forward.

Commissioner Shetler: My only concern is, is the three phases on Green River Road, and then we’re also talking about Millersburg and Green River Road intersection being improved and a stop light and etcetera. So, it looks like to me we might be dealing with kind of four different construction periods along that road stretch. It just looks like that’s going to be a tremendous inconvenience. If there’s a way to consolidate that so we can get that in to one or two construction seasons, or, you know, lumped together there, it would be a whole lot less confusion, I think, on the people out there. As much development that’s happening, we need to look at that.

John Stoll: Ideally, if we can get all of Green River funded with local funds, and not have to rely on the federal funds, it will help address that problem. With the federal funding process taking forever, that project will lag behind and will cause the problems that you’re talking about where you’ll have construction going on for an indefinite period of time. The way I put the RFP together, it indicates that there will be some coordination required by the consultants to address the coordination between the Green River Road and Millersburg intersection project, as well as if we chose to have different consultants doing different segments, they’re required to work with whatever consultant might be working on the abutting segment. So, we’re trying to minimize and address that. I put some language in the RFP also to say that the consultant shall try to come up with a maintenance and traffic plan that will preferably keep Green River Road open to two lanes through the duration of the construction. There again, to try to minimize the impacts to the motorists that are out there everyday. It’s something that’s going to be a hassle to get it all taken care of, but it’s not an insurmountable problem.

Commissioner Shetler: What would they be looking at on the bridge there? Putting up a temporary and going around it, or?

John Stoll: Ideally, they would keep the existing bridge in service while they built two new lanes, and then switch the traffic over to the new bridge and then demolish and replace the existing bridge. Since no design work’s been done there, as of yet, it’s hard to say exactly how that would play out, and what costs that will have. Another issue in regard to that segment of Green River is the fact that through the hydraulic studies that have already been done on Pigeon Creek, the Department of Natural Resources is mandating nine 50 foot bridges between Hirsch Road and the main channel bridge over Pigeon Creek. Those structures will also have the same issue as far as trying to get those constructed and not interfere with traffic.

Commissioner Nix: And those requirements have just been implemented recently in the last couple of years from....initially when this went on the drawing board till now, those things have been added as part of that?

John Stoll: Initially, it was thought that fewer of these overflow structures could be put in. The intent is that when the road is raised that we’re not building a dam that backs up water and raises the upstream flood elevations. These overflow structures are intended to basically punch holes in that dam and allow the flood waters to not raise up beyond what they currently have. When the studies were done, DNR mandated that some additional ones were installed to insure that we wouldn’t see any increases in the upstream flood elevations once the road is raised.

Commissioner Nix: Which increases the price of the project drastically.

John Stoll: Probably about three million dollars.

Commissioner Shetler: Thank you. Timetable on Green River Road?

Commissioner Nix: You’re going to put him out on a limb here now.

President Musgrave: Oh, no, no. This is the most--

Commissioner Shetler: Maybe kind of a rough idea of what we’re dealing with here?

President Musgrave: If I could comment. This is the most exciting part of this announcement today. These projects weren’t supposed to be completed until 2015, and Engineer Stoll and I have been working diligently since, I believe, the end of November to examine how we could rearrange the funding for these projects and pull that forward. We’ll be able to let some of these contracts, or the design contracts and then construction contracts after that in 2006, and have these completed by 2009, instead of the original completion date of 2015. So, I’m tremendously excited that we can move that much faster, and get this road done while we’re young.

Commissioner Shetler: Thank you.

President Musgrave: You’re welcome.

President Musgrave: Speak for yourself.

John Stoll: The key component in all that is trying to avoid the use of the federal money. That’s where the delays will come in. If we have to use that, here again, just like you’ve seen on any other federal aid project we’ve done, they take extremely long periods of time to get done. So, hopefully, the TIF district will generate enough revenues that we don’t have to go that route, then the federal money can be obligated to another project.

Commissioner Shetler: Would we still have the same kind of requirements on specifications on building and stuff? Or can, or are those a little looser?

John Stoll: The design requirements will be very similar, if not the same. Like the DNR permit that requires the overflow structures, that won’t change. Where you can pick up some time is, potentially, in the right-of-way acquisition. Rather than following the INDOT procedures of having to wait till all the design plans are totally finished, even though you know the limits of the right-of-ways, you could start to find the right-of-way parcels earlier on and get those parcels acquired sooner.

Commissioner Shetler: Alright, thank you.

President Musgrave: So, will we have problems with these newly constructed parts of Green River Road flooding after we get them raised and widened?

John Stoll: The scope of work is to raise it above the 100 year flood elevation. So, we shouldn’t, unless you get something greater than a 100 year flood.

President Musgrave: Okay.

Commissioner Nix: We should be in good shape.

President Musgrave: We should. So, we found a way to fund this, to move the project forward six years to get ourselves out of the water. So, I’m really pleased with this, and I’m hoping that we get some great bids from our engineers and construction people so that we can even build more than we had hoped to build.

Commissioner Shetler: Sounds like we’ve got a use for Major Moves.

President Musgrave: Yes.

Commissioner Nix: There you go.

President Musgrave: I’ll be working on asking the Governor for even more money.

Commissioner Shetler: Yeah. So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: Thank you. Do you have more?

John Stoll: Yeah. A couple of other items. First, I’ve got an assignment agreement for the Oak Hill Road-Bergdolt Road intersection project. The consultant that was hired on that project was Congdon Engineering, and they have since been acquired by a company named Level Five Engineering, LLC. There’s an assignment of contract letter that needs your signatures. I had Ted Ziemer review the letter, and he was fine with you signing off on it.

Commissioner Nix: This is just transferring the contract or paperwork from one company to another?

John Stoll: Correct.

Commissioner Nix: Because of the buyout?

John Stoll: Correct.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: Next, I have a street acceptance request for section nine of Metro Centre Subdivision. This acceptance consists of 264 feet of Metro Avenue, and 741 feet of Metro Centre Drive. I’ve had those streets inspected, and would request that they be accepted for maintenance.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

John Stoll: The last thing I’ve got is a letter that provides a counter offer on one of the right-of-way parcels that we’re trying to acquire on the section of Green River between Lynch and Hirsch. This is on the property at 4419 North Green River Road. It was originally owned by Bender, but through the course of our project , it is now owned by Mr. and Mrs. Hawa. They had requested, in writing, that...they had requested that we provided them assurance in writing that says that if their septic is damaged during the course of our construction, that we would repair it. They had also requested an additional $800 above and beyond the $4,800 that they were originally offered. Bernardin Lochmueller went back and took a look at the paperwork and they recommended that we go back with an additional $400 rather than an additional $800. So, I’m requesting your authorization to send this letter to Mr. and Mrs. Hawa to increase their offer by $400 and provide them the written assurance that we will repair any damage that we might cause to their septic.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: That’s all I had.

President Musgrave: Thank you, sir.

Commissioner Nix: Thank you.

President Musgrave: B.J. Farrell, Superintendent of County Buildings.

B.J. Farrell: I do have three items this week for the Commissioners. I would ask permission to advertise and schedule the date for our next county auction. These are desks and chairs, not land. So, I would like to have that auction April the 8^th at the Old Courthouse, as we did previously last fall.

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

B.J. Farrell: I would also like to ask your permission to begin the process of advertising the polling places that you adopted today, as we will have to publish those in the newspaper. I would like for permission to go ahead and do that.

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

B.J. Farrell: Then, I would also ask you to amend the consent agenda. I did receive a late travel request today from the Legal Aid Department. If they are one of the, they only take 55 reservations, and they would like to get theirs in to attend a conference on management and information exchange, supervising legal work.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

B.J. Farrell: That’s all I have. Thank you.

President Musgrave: And you’re saying that notice of advertising triggered my memory that I skipped over two important notices to advertise on the enlargement of the economic development area. We need to do a notice of the public hearing on the declaratory resolution, and a notice of additional appropriation hearing, both of those will be in the newspapers on March 24^th.

B.J. Farrell: Would those be advertised by us or the Redevelopment Commission?

President Musgrave: The Redevelopment Commission. We need a motion to approve their advertisement.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: That covers that.

President Musgrave: Mr. Scott Wischer, County Garage? Is he here?

B.J. Farrell: I believe he’s out addressing some flood problems at the moment. I did talk to him earlier.

President Musgrave: Okay. We got a pretty good report already on the road flooding, and I know that they are working very hard. I want to thank the members of the County Garage for all the very late hours that they’ve been putting in, and their help. Did I miss any? Do you have anything to report? The Health Department, every other department has had....ah, please come forward.

President Musgrave: We can take this under new business as well.

Mark Acker: Mark Acker, Veterans Service Officer of Vanderburgh County. Madam President, Commissioners, I come before you this evening to ask permission to draft a letter in support of the Welborn Hospital project as becoming the new VA clinic. I have the unique opportunity to speak to many veterans in this area, and they all are in resounding support that they believe the hospital, once known as Welborn, would be an outstanding new VA clinic. So, they have asked me to come before the County Commissioners, and I would like to draft a letter to the Senators, Congressmen, and our State Representatives to ask for their support towards the project at Welborn Hospital.

Commissioner Shetler: You know, in addition to that, I think we ought to draft a letter endorsing the project on behalf of the veterans. I think it’s something that could be good for our near downtown area. It’s something that would keep that viable place, I think, alive, and for what it’s intended purpose was, which was to deliver health care. So, I think it makes good sense, and, Mark, I applaud you for doing it.

Mark Acker: Thank you.

Commissioner Shetler: I just think we need to give further assistance, rather than just, more than just giving you our agreement on it, but I think we need to send a letter of endorsement backing it.

Mark Acker: I think that’s a very important part of this, that all of our community leaders stand together in this concept, because it is definitely an uphill battle with the federal government trying to get funds in the right place to do the right thing. I think this is the right thing and the right place.

Commissioner Shetler: Right.

President Musgrave: Is there a motion to approve the sending of the letter?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: And a motion to approve the drafting of the letter? Or shall we approve a letter in advance?

Commissioner Nix: Do we want to maybe get something drafted for next week’s meeting?

President Musgrave: Alright. That would be fine. We’ll bring that back to you next week. The veterans know how much the Commissioners care about their service and their health care going forward. We have shown our compassion in a number of ways, but having a regional clinic, like the one in Illinois for here to serve all the veterans that are, not only in Vanderburgh County, but Posey, Gibson, Warrick, and three states, would be a real asset.

Mark Acker: Definitely. This is a tri-state issue. It’s not just a local Evansville issue. It is all of our tri-state area. The impact of this clinic and what it does not only for southern Indiana, but portions of Illinois, as well as northern Kentucky. So, our efforts are trying to make a first class facility. We once had that with the old Marine Corp Hospital that was up behind Hillcrest Home. That was eventually demolished. But, to keep this story short and simple, we feel that Evansville and the tri-state area would be best served with a first class facility, and Welborn Hospital brings all of that together in to one package.

President Musgrave: Alright. Thank you, sir.

Commissioner Shetler: Thank you, Mark.

Mark Acker: Thank you.

President Musgrave: Is there any other new business?

B.J. Farrell: The quotes for the County Engineer’s office.

President Musgrave: Thank you. Are we ready to open quotes?

Kathryn Schymik: