VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

MARCH 31, 2009

The Vanderburgh County Board of Commissioners met in session this 31^st day of March, 2009 at 5"03 p.m. in room 301 of the Civic Center Complex with President Troy Tornatta presiding.

President Tornatta: Alright, good evening. We will commence in starting the Board of Commissioners meeting, March 31, 2009. It’s a little after 5:00 in room 301. Attendance roll call please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Here.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Here.

Madelyn Grayson: President Tornatta?

President Tornatta: Here.

President Tornatta: If we could have Zach Harris. Zach, if you’ll use this microphone right here, we would be honored if you would lead us in the pledge of allegiance.

Zach Harris: Alright.

(The Pledge of Allegiance was given.)

President Tornatta: Zach, just stay there, buddy.

Zach Harris: Alright.

President Tornatta: Thanks for coming today. You are a client at the Easter Seals?

Zach Harris: Yeah.

President Tornatta: And–

Terry Hayne: Why don’t you tell them about what’s coming up this Sunday.

President Tornatta: Sure.

Zach Harris: We have the telethon coming up this Sunday. A lot of the money that we, well, all of the money that we get from that goes towards giving us help with paying for our therapy sessions out there at Easter Seals, and that helps a lot of us be more productive members of society. Without those donations, you know, it all starts with you guys. You know, without those donations we wouldn’t be anywhere. Easter Seals wouldn’t be where they are today, and I wouldn’t be where I’m at today if it wasn’t for them.

Terry Hayne: Tell them where you go to school and how old you are and what you do.

Zach Harris: I go to Reitz High School, I’m 15, I’m a freshman. I’m in mostly AP classes, and I am the manager of the Reitz football team. I’m also their motivator, sort of.

President Tornatta: I can believe that. And, it says here you are the ambassador this year for the Easter Seals Telethon.

Zach Harris: Yeah, and it’s an honor to be doing that.

President Tornatta: Who did you bring with you today?

Zach Harris: I brought my dad, Lonnie, and my grandfather, Marion.

Terry Hayne: And me.

Zach Harris: And, yeah, and Terry.

President Tornatta: That’s Terry Hayne, V.P. of Development for Easter Seals. Well, we appreciate you coming in.

Zach Harris: Thank you.

President Tornatta: Anything else you can tell us to get the people psyched up for the telethon?

Zach Harris: Just, we need all of the help we can get, because, I mean, with, like I said, without the great community that we have, you know, we wouldn’t be anywhere today. Like I said, without Easter Seals, I more than likely would not be where I’m at today, if it wasn’t for Easter Seals.

President Tornatta: Would you give a shout out to that Panthers football team?

Zach Harris: Yeah.

Terry Hayne: Tell them when the telethon is.

Zach Harris: It’s April 5^th from noon to six at Easter Seals. So, and all the help that we can get, you know, that would just help us out tremendously. You know, I mean, with the economy the way it is today, that makes it harder too, but, I mean, just donating five or ten dollars, all the small donations, you know, they still add up. You know, if everybody could just maybe donate five or ten dollars, if, you know, you could get your relatives or your friends or whatever to donate at least like five or ten dollars that would help us out and we would have a very successful telethon, and it would help a lot of kids out. You know, it would help them have a greater chance of becoming a successful person in life, as I’ve done with my life. You know, Easter Seals I owe them a lot, as I said, to where I am today. They helped me get my start in life at an early age, and that just has tremendously helped me, because, I mean, now with the classes that I’m in, being in like majority honors classes, you know, my possibilities as far as life are endless. It all started, like I said, with Easter Seals. That wouldn’t be possible without, you know, you guys, the people. It’s our community, plain and simple, that helps them run, which helps us. You know, I mean, that’s pretty much all I can say about it.

President Winnecke: Well, thank you, Zach. Any questions to Zach from the Board?

Commissioner Winnecke: No, but, Zach, I look forward to seeing you at 3:00 on Sunday.

Zach Harris: Alright.

President Tornatta: Alright. Well, thanks, dad. Thanks, grandpa. Thanks Terry and Zach for coming.

Zach Harris: Thank you for having me.

Terry Hayne: Zach’s dad brought pledge cards.

Zach Harris: Yeah.

Terry Hayne: We could leave them if you would like.

President Tornatta: Set them on that desk right there.

Terry Hayne: You could send them back with Lloyd.

President Tornatta: Okay. Alright, thank you very much.

Zach Harris: Thank you.

Commissioner Winnecke: Thanks, Zach.

Lonnie Harris: Could I address the Council, just real fast?

President Tornatta: Sure. State your name, if you would please.

Lonnie Harris: Lonnie Harris, I’m Zach’s dad. I would just like to say that Easter Seals has been a great benefit to Zachary, and they helped him get started at about 16 to 17 months he started attending the Evansville Easter Seals Rehabilitation Center. I would just like to let everybody know how proud I am of him, but not only does it help children like Zachary, or Josh Wooley who has Downs Syndrome.

Zach Harris: Woolsey.

Lonnie Harris: Or, Woolsey, I’m sorry. It also helps veterans, it also helps anybody who’s been in an accident. It helps older people, as well as the youngest of children. It may not be your son, it may not be your daughter today, but it might be your grandchild, it might be your granddaughter or grandson. It might be an aunt or an uncle who has a stroke. Easter Seals is unlimited in the people that they can reach out and help. So, like Zachary said, if you could give two dollars, five dollars, ten dollars, I know things are tough right now for a lot of people, but just the littlest donation will add up. So, we would like to thank everybody in advance. Tune in noon to six on Sunday, April 5^th on Channel 25. Thank you very much.

President Tornatta: Thank you, Mr. Harris.

President Tornatta: Alright, permission to open quotes for VC09-03-01, Sensmeier Road bridge number 1970 rehabilitation.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

Commissioner Winnecke: Mr. President, at this time, I would move that we recess the Board of Commissioners meeting so that we can open our Drainage Board meeting so we can open a lot of bids. Then we can reconvene the Commission meeting.

Commissioner Melcher: I’ll second that motion.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

(The Commission meeting was recessed at 5:08 p.m.)

Commissioner Winnecke: At this time I would move that we reconvene the Board of Commissioners meeting.

Commissioner Melcher: I’ll second it.

President Tornatta: We have a motion and a second. All in favor say aye.

All Commissioners: Aye.

President Tornatta: Alright.

(Motion approved 3-0)

(The Commission meeting was reconvened at 5:10 p.m.)

President Tornatta: Alright, okay back to the Commissioners meeting.

Commissioner Melcher: You might want to explain.

David Miller: I just want you to know the lawyers made them do that.

Commissioner Winnecke: And we did it correctly, I think.

President Tornatta: Alright, action items, second and final reading of CO.03-09-008, an ordinance regulating tattoo parlors and body piercing facilities. An ordinance proposed by the Health Department to regulate tattoos and body piercing activities. This ordinance is identical to the city’s ordinance in its regard, except for changes in numbering, etcetera to comply with the standard county form for ordinances.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Debbie Spalding?

Debbie Spalding: Good afternoon.

President Tornatta: Good afternoon.

Debbie Spalding: I’m here to ask for permission to advertise for copy paper. It’s sort of an informality. The School Corporation and the City-County Purchasing Department, this is the first bid that we are working on together. This is for copy paper for all city, county and the EVSC, school corporation. So, we just kind of wanted to let you know that we’re going to be doing that. The School Corporation will be paying for the legal ad, so there’s no cost for you to advertise for this. We just want to make you aware that we are advertising for copy paper. It will be a little bit different. In the past we’ve always warehoused copy paper here and city-county departments would order it from the Purchasing Department. This bid will allow for direct delivery, desktop delivery to departments by the chosen vendor. There will be, I think, a weekly delivery is what we’re looking at.

President Tornatta: Super. Any other questions?

Commissioner Melcher: I’ll make the motion.

President Tornatta: We have a motion to advertise for copy paper.

Commissioner Winnecke: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

Debbie Spalding: Thank you.

President Tornatta: Thank you, Debbie.

President Tornatta: Contracts, agreements and leases. The County Prosecutor, certified assurances and special provisions for Drug Court grant.

Commissioner Winnecke: I’ll move approval.

Commissioner Melcher: I’ll second the motion.

President Tornatta: A motion and a second. This is identical to last year. Any other discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Next, the Health Department bio-terrorism preparedness grant with amendment number one for an additional $10,000. Amendment number one increasing the grant amount from $10,000 to $20,000 for a period from 8/10/08 through 8/9/09. The original grant was approved by the Commissioners in October of 2008. Gary?

Gary Heck: Gary Heck, Vanderburgh County Health Department. This, basically, they have another $10,000 for us. The grant hasn’t been extended, so, we need to have everything in place and submit a second budget. But, we will be able to use the money and we will be able to meet the performance standards to be able to draw the money down. So, we certainly encourage you to approve it for us.

President Tornatta: Well, stay there, and we’ll do just that.

Commissioner Winnecke: I’ll move approval.

Commissioner Melcher: I’ll second it.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Do we have any problem with taking the next three at the same time?

Commissioner Winnecke: I don’t.

Commissioner Melcher: Neither do I.

President Tornatta: Okay. Gary, I’m going to read this and if you could just give a brief synopsis. We’ve received these already via e-mail. The Health Department Emerson network power agreement, battery replacement. The next one is the Health Department, Trimble Juno ST handheld device quotes. The next one is the Health Department agreement with James D. Kozarek, M.D., for vaccine on the children’s program.

Gary Heck: Okay, the Emerson network power agreement, these are the battery back up systems that takes care of all of our laboratory freezers and refrigerators where our vaccine is stored. Our building doesn’t have a permanent generator for back up power. So, this is a 1,600 pound unit that has 24 batteries. So, it’s like, if you could imagine a home UPS system that would keep your computer working, this is a 1,600 pound one that does it for refrigerators and freezers. The useful life cycle on a system like this is four to five years. We had our annual inspection and visit last week, or a week or so ago, and they told us they are at their useful life end, and they recommend replacement of the batteries. We have the funds in place to take care of it, and we would encourage you to approve this for us.

President Tornatta: Okay, Trimble Juno?

Gary Heck: These are handheld devices that our environmental staff will be using. It will tie in with the county’s GIS system. The global positioning satellite devices are when our environmental health inspectors would go out into, say a septic field at a property owners spot, they can pin point the exact locations, this will capture the data, put it on the computer, bring it back to the office, and then we can plot it on maps, and have everything electronically. We can also do catch basins for our mosquito efforts. Just about anything that you can imagine that you can use a GPS and a tracking system for to get those locations, these will use. This is actually a replacement model for the original quotes we got last fall. Those units are no longer available and this is a replacement.

President Tornatta: Alright, and the agreement with Dr. Kozarek?

Gary Heck: This one is, we were encouraged by the Indiana State Department of Health that if we had an agreement with a rural health clinic, we could offer vaccines for children to additional families who don’t qualify for it now. Their children could be protected, and the vaccine for children program could pay for the vaccine for them. So, once we have this agreement in place we’ll be able to expand services to those who need it that aren’t eligible for it now.

President Tornatta: Okay.

Commissioner Winnecke: I just had one question.

President Tornatta: Yeah, sorry, questions?

Commissioner Winnecke: Gary, did you say what the typical lifespan is of the battery we’re replacing?

Gary Heck: They tell us it’s four to five years.

Commissioner Winnecke: Okay.

Gary Heck: And, we’ve been in the building since October of 2004. So, when they came up for their inspection, it’s right, just past four years, not quite the five years yet.

Commissioner Winnecke: Thank you.

President Tornatta: Any other questions?

Commissioner Melcher: No. Do you want a motion for all three?

President Tornatta: If I could, please.

Commissioner Melcher: I’ll make the motion to accept all three of the ones we’re talking about, the Emerson network power agreement, battery replacement; the Trimble Juno ST handheld devices, and the agreement with James D. Kozarek, M.D.

Commissioner Winnecke: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Thank you, Gary.

Gary Heck: Thank you.

Commissioner Winnecke: Thanks, Gary.

President Tornatta: Under the Sheriff, lease agreement with the Evansville Vanderburgh Airport, for the Sheriff command post.

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

Commissioner Melcher: I’ll second it.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: County Engineer, amendment to agreement with Pedcor Investments, LLC for deceleration lane improvements. Essentially delaying the escrow payment until March 1, 2010. Anything to add to that?

John Stoll: Not really. This was just a decel lane that’s going to be constructed in front of Delaware Trace Apartments on Green River. Back when the Green River Road project was still in the design, the original agreement was entered into that said that Pedcor would have the option of building the decel lane themselves, or reimbursing the county if it was constructed as a part of the Green River project. So, they’ve chosen to do it through the Green River project. Given the fact that the decel lane itself won’t be constructed until sometime next year, that’s why we felt that it was okay that they delayed their escrow payment.

President Tornatta: Okay.

Commissioner Melcher: I make a motion to approve.

Commissioner Winnecke: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Sherman, if you want to come on up. Memorandum of understanding with the Emergency Management and that’s with the Indiana Department of Homeland Security regarding a state use of Homeland Security grant funds on behalf of Vanderburgh County.

Sherman Greer: Sherman Greer, Emergency Management director for Evansville-Vanderburgh County.

President Tornatta: Any questions of the board for Sherman?

Commissioner Winnecke: I don’t.

Commissioner Melcher: I don’t either.

President Tornatta: Okay. Sherman, you did a good job.

Commissioner Melcher: So I’ll make a motion we approve it.

Commissioner Winnecke: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

Madelyn Grayson: And Sherman has someone delivering this to Indianapolis tomorrow, so can you sign it and then –

President Tornatta: Sure. Sherman, anything else that we need to know right now?

Sherman Greer: There is another matter that I still have to go to the County Attorney to get some approval on that matter that I was talking about with the air cards, so I’ve gotten Matt Arvay’s approval, but he advised me to go through the attorney.

President Tornatta: That’s good. Just in a –

Sherman Greer: So I’ll try to get it on the agenda for the next meeting.

President Tornatta: In a minute or so, can you talk to us just about how the siren systems worked? I know that in Corydon, it was found out they did not work. Could you just kind of go over how ours works and what procedure we use to make sure they’re fully functional?

Sherman Greer: Okay, we have 33 sirens within Evansville-Vanderburgh County. We’re in the process of adding six more, which will make us 39. Our sirens are mechanically driven, but they’re also radio wave activated, just like they are in Corydon so, there again, it could have been because of the storm and the disturbance and everything out there, it could have been a signal that didn’t go through. They also have the battery backup, which we do not. Sirens are pre-warners to thunderstorms and tornados coming in, so they should be going off prior to the storm getting into the area. And the reason that, the way that we set our sirens is when the National Weather Service gives a warning, through the Central Dispatch gets that warning, then they set the sirens off. So that’s the policy that we’ve always had. We do it for severe thunderstorms because a lot of times tornados are embedded within severe thunderstorms and we do it for tornado warnings also. We were fortunate that all 33 of ours worked this time, but they’re electronic, and electronic things can sometimes suddenly break. We have a maintenance agreement to where that if, when we do our test every Friday, which we do our test every Friday at noon, and a lot of people are attuned to that to where that they expect for them to go off at noon. If we have one or two that does not work, we have it maintenanced at that before the weekend comes so that it will be operational through the weekend.

President Tornatta: And obviously the storm sirens are not to – it’s to alert people.

Sherman Greer: It’s to alert people outside. A lot of people are under the impression that they’re going to hear the siren on the inside of their home. And inside your home with the air conditioning going and the television on and as air tight and as soundproof as we have our houses built, you’re probably not going to hear it inside unless you live right under one of them. So there again, it’s to alert people outside to go inside, turn on your radio, turn on your television and listen for further instructions. It’s also advisable for people to have a weather radio because, just like the 2005 tornado, that was at 1:59 in the morning, so that it can alert you, wake you up in the middle of the night, so that you can get into your safe place, whether that be your basement or a walk-in closet in the middle of the house or something of that sort.

President Tornatta: Alright. Any questions of Sherman? Thank you. And we have your signed sheet over here. Document.

Sherman Greer: Thank you. Appreciate it.

President Tornatta: Thank you, Sherman.

President Tornatta: Sheriff agreement with Norlight, Inc. for a T1 line for Internet service to the jail.

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

Commissioner Melcher: I’ll second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, department head reports. Chris Walsh. Welcome back to Vanderburgh County.

Chris Walsh: Chris Walsh, Vanderburgh County Highway Department. I just have two items. The first item is the pothole blitz. I know its been advertised on television and we’re receiving a lot of calls. We’ve got about a 100 to 125 calls today, so we’ve had quite a bit of calls on it and we’re going to start crews out tomorrow, weather, hopefully, permitting. We’re going to get some crews out tomorrow and get started on these and then the blitz actually starts, I think, the first Monday of April. The only other item that I have is in regards to the rock salt agreement with IAC. And I was working for the city at the time that that happened and Dennis and I were not able to get in on the conference call. I have contacted them, they’re going to send us some more information. We’ve run some numbers, they’re going to send a report to us for the first of April and initially the numbers that I have are that 4,000 tons of salt are what an average snow season is. We have 1,500 tons of salt on hand, which leaves us 2,500 tons. So we’ve got some figures in place that we’re going to tweak a little bit before this report is due. It’s going to be due about the first week of April, so I’ll stay in contact and let you know if I receive any more information from them. I hope to this week.

President Tornatta: Chris, would they be bringing that periodically or whenever we would need the salt?

Chris Walsh: My understanding is a seven day, they need no more. Within seven days they’ll have it delivered to us, and it’s a delivered price. Say we put in for 2,500 ton, we have to guarantee that we’re going to take 80% of that. That will be 2,000 ton, but they’re guaranteeing us 120%, which will be 3,000 ton, which should put us in the right ranges for the average snow season.

President Tornatta: Now, what was the number? Have they bid it? They have not made any bids yet?

Chris Walsh: No, I think they’re still working on that and I hope to receive something tomorrow and I can contact – I don’t have a cell phone yet. I should have it possibly tomorrow. As soon as I do, I’ll get you gentlemen my number and –

President Tornatta: And the email? Do we have the email yet?

Chris Walsh: They just signed me up today, but I –

President Tornatta: Just shoot that to the office. When you get both of those, shoot those to the office and they’ll get it out.

Chris Walsh: I will.

President Tornatta: That would be super.

Commissioner Winnecke: Mr. President, I did sit in on that conference call with the two state associations, counties and cities, and just for clarification for the public, this is a mass buy that INDOT is coordinating and the idea is that the more INDOT buys, the lower our price will be. And once a municipality commits to the plan, that’s the commitment we have to buy through that. But I think in the quantities that INDOT will be purchasing, it will certainly be better than the price we paid last year, buying independently.

Chris Walsh: Which was in the neighborhood of a hundred and –

Commissioner Winnecke: It was over a hundred dollars.

President Tornatta: A hundred and twenty-five, and our last quote was almost a hundred and forty-two, so we did not buy salt at that price. We deferred and I think that we made a great decision, and we have that money sitting there for this purchase if we need to. So we will be ready. Any other questions of Chris? Welcome to your first day on the job.

Chris Walsh: Thank you.

President Tornatta: And I know you’ve been in there working and trying to get caught up, but we’re glad to have you and wish you the most success.

Chris Walsh: Thank you very much.

President Tornatta: County Engineer.

John Stoll: The first item I have is the Corps of Engineers permit for the Green River Road project. This is the permit that Bernardin Lochmueller prepared and its taken a while, but we finally got it. It just needs your signature, and then we can return it to the Corps and we’re good to go on the project.

President Tornatta: Great. I just need a motion.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: And then secondly, I have a letter from IDEM that needs to be signed in regards to the Burdette Park/USI bike path. This letter basically summarizes the different permits that would be required for a federal aid project and it just says that we’re certifying that we will obtain all applicable permits and between R.W. Armstrong and Bernardin Lochmueller, that is already in the works. The construction of the flood way permit, the Rule Five permits, things like that. So basically you’re certifying the stuff that we’ve already got going.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: Next, I have a sidewalk waiver request for Hamilton Creek subdivision. This is the subdivision that you approved the street plans on at your last meeting. It’s on Petersburg Road, out near Hamilton golf course. It’s recommended that you go ahead and approve the sidewalk waiver.

President Tornatta: Thunderbolt Pass.

John Stoll: I forgot about that.

Commissioner Melcher: Motion to approve.

Commissioner Winnecke: Second.

President Tornatta: Motion and a second. Any discussion? Roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: Next, I have the Mylar cover sheet for the University Parkway plans. I need the Commissioners’ signature on that and this will be part of the submittal that we’ll make to INDOT in hopes of getting some of the stimulus funds for this project.

President Tornatta: Alright.

Commissioner Melcher: I’ll make the motion.

Commissioner Winnecke: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: Then the last item I have is change order number one on the Oak Hill and Bergdolt project. In reviewing our files and our consultant reviewing their files, we found that this change order number one was never approved. We approved change orders two and three recently, but this one never had been run through a meeting. This is for an increased cost of $8,946 and this was for work done last fall to do some tree clearing and trimming in order to facilitate utility relocation work. I’m not sure exactly how it fell through the cracks, but it should have been signed last fall so, the work has been completed. The county will be obligated to pay 20% of this $8,900, and I would request your approval of the change order.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: That’s all I have unless you have any questions on anything?

President Tornatta: I think we’re good.

John Stoll: Okay, thanks.

President Tornatta: Thank you, John. Okay, any other department heads?

President Tornatta: Alright, new business. Any new business? I did want to make the comment, Hamilton’s Golf Course, which has been a treasure on kind of our north side, has turned into Thunderbolt Pass. It is the new golf course out there and the airport has leased that to a company that is the caretaker of the building. They’ve put new a roof on it. They have – I believe they bought 60 new golf carts. They have upgraded a lot of the greens and some of the aprons on the greens and it really seems like this outfit is taking the place pretty serious and ready for business. So if you get a chance, go out to the new Thunderbolt Pass, which is the old Hamilton’s Golf Course.

President Tornatta: Any Old Business? Alright.

President Tornatta: Public comment? Freddie?

Frederick Bumb: I’m Frederick Bumb, I was in here a few weeks ago and it’s concerning a mitigating of some property that we own. And my wife, Janet, back there, we are quite concerned about the way this is on it. I had a brief talk with Mr. Tornatta and I appreciate that. But I wanted to make sure that everybody kind of felt, I mean, try to get a feeling that – that we feel so disappointed in the fact that this is going to be a mitigation on our property. I’d like to tell – this is also Mr. Paul Kleinknecht, he’s president of our Kleinknecht Farms, and he farms the ground that I own along the property that my wife and I own. There might be some comments that I’d just to say. I wonder why, I wonder why this ground was selected for this? One reason is that, some of the things that makes it, there’s a waterway on there that I was involved with and put it on this property. There was a drop box that was put on many years ago and it was replaced three years ago. And now we have a tile going through this property that drains a lot of our property. So its really been a concern of mine, just where do we go from here and why. I guess the why is, couldn’t there have been some other ground that would have been acceptable for this? And if you can – if you have the sheets there, you can maybe see that our property goes from two sides of it and so that’s our concern, just what can be done, what should be done on that side.

Paul Kleinknecht: There is an existing structure and tile –

Frederick Bumb: I have to be just – is this an order that we can show these sketches?

President Tornatta: Yeah, what we’re trying to do, Fred, is he’s trying to point out here and we’re trying to catch it.

Paul Kleinknecht: I’m showing them where it was.

Frederick Bumb: Oh okay. Well, that’s what I was hoping, maybe there would be some questions that maybe would come up and we want to make sure that everybody kind of knows our feelings about it. I know that the county owns this ground now from what I understand.

President Tornatta: But somebody else owned the ground before the county owned it.

Frederick Bumb: Somebody else did?

President Tornatta: But it wasn’t you.

Frederick Bumb: No. My brother-in-law and I owned it and we divided it up, why, he got this part of the property, see. And so, at the time.

Kleinknecht: – tile still is together.

President Tornatta: But now, he sold this property to us.

Frederick Bumb: Yes, he did. I mean, he has nothing to do with it.

President Tornatta: Right. And I guess that’s the tough part because, you know, he didn’t have to sell that property to us that I’m aware of.

Frederick Bumb: Well, I’ve just developed –

President Tornatta: They were willing to sell us this property so we would have the mitigation land that we needed for compliance. And what, essentially, and we have the Surveyor here and we have the Engineer here to explain anything that you need. I mean, we’d be happy to go over this, but to my understanding, and I have limited knowledge, but to my understanding, the flow will stay the same, but this will be a water standing area. But the flow will stay the same. If the flow would change and/or back up, then that would create a drainage problem from which, now we’d go under the Drainage Board side and we talked about this earlier, Freddie, but if this works as it’s designed to work, this will hold water, yet it would not push back water. So you would not be adversely affected.

Frederick Bumb: Yes, I understand that and I –

President Tornatta: And I know you don’t believe that.

Frederick Bumb: Well, on your comments of why, but on the other hand, the experience I’ve had in the past, normally, you have something like a wetland below the area that you’re draining into, it’s going to gradually back up into your property, and I found it be true every time that we have, we’ve been experienced, that’s with some wetland. And if the ditch closes up a little bit, then we get the problems and who is going to take care of getting that ditch opened?

President Tornatta: Maybe if I can have either Bill Jeffers or John Stoll to address any part of this?

John Stoll: I’m not sure which ditch. Are you talking about Little Creek?

President Tornatta: Yeah.

Frederick Bumb: The drainage area that goes into the Little Creek, there’s some low spots.

Paul Kleinknecht: See, the flow goes this way and you’re going to berm it up, plus we have a tile, the tile goes through here, drainage tile, which we’re going to be able to – I mean, my oil rig will go through this, so I don’t know how they can keep that as a wetland if we can maintain the tile here. If you cannot stop the existing drainage tile,

Frederick Bumb: This is what you would have here, was done by Lochmueller.

President Tornatta: Okay. But let John get a word in here.

John Stoll: I will say, in some fashion, the drainage, the field tiles will have to be maintained. It think we’ve all discussed that in the past that, whether they’d be rerouted in some fashion or they’d be maintained through the wetlands side, the field tiles will be continued even after the wetland side has been developed. I don’t have the exact mitigation plan here, so I’m not sure all the details of, like they presented here in regard to the drainage and the flow and how that will be affected, if it will be affected. That’s something I would have to go back and get with the consultant again and try to research as far as whether or not anything they’ve got proposed does affect any surface flow across Mr. Bumb’s property.

Frederick Bumb: All the drainage comes off of our ground, goes through this area, see, and so it’s a concern of ours because we’ve got high producing ground. In fact, this, where they’re going to put this, is some of the highest producing ground in German Township, and that’s what doesn’t make sense to me. But I don’t know, it seems like maybe they could have found some ground someplace that a mitigation would have been more suitable for the situation. But I’ll tell you, I’m really at a loss and I just don’t feel like that maybe I should – which direction I should be going.

President Tornatta: John, is –

Frederick Bumb: How far along is the mitigation?

John Stoll: The county has purchased the property and we’re in the process of getting this plan approved through all the – through IDEM and all applicable channels, so I guess it’s a matter of, in my opinion, this will be the mitigation site. We’re not pursuing any other sites at this time. I can get with the consultant, like I said, and make sure that it doesn’t have an adverse impact as far as drainage is concerned on Mr. Bumb’s property. I’m not sure, since I don’t have the plans with me, exactly what the final layout is of the mitigation site, nor do I know as far as how they’ve got the roadside ditches set up to convey the water. Looking at the contours, it looks like it goes southeast and I know we’re going to have some large roadside ditches alongside University Parkway as well. That might be part of their plan, but without having the plans here in front of me, I can’t give you all of the specifics.

President Tornatta: And assuming that Mr. Bumb had an issue after this was all put together, the plan was running and then the plan failed, what recourse would he have?

John Stoll: As far as –

President Tornatta: Would he come back to Drainage Board at that point and then have a petition against the county?

Frederick Bumb: That’s what I’d like to know. I don’t know where we are right now and I wrote a letter to, I think, and the Board got that, a copy.

President Tornatta: Right, and I mean, that’s, can you answer that or is that a Surveyor question?

John Stoll: With – that might be a question for the County Attorney more so. I guess it could be the Commissioners or the Drainage Board. The only issue here is Little Creek is not a legal drain, so I think that kind of would take it out of the realm of the County Surveyor unless it was through a drainage obstruction petition, and I’m not sure how that plays out as far as whether or not the county would be named in something like that or whether or not it would just be a Commissioners’ situation to deal with.

David Miller: I would not want to commit to that until I looked at the entire file.

President Tornatta: Okay.

Frederick Bumb: I understand that.

President Tornatta: Okay, well, let’s do this, Freddie. I appreciate you coming in today and Mr. Kleinknecht as well. Let’s go ahead and have John research the mitigation plan and he can get with me and I’ll be happy to give you a call.

Frederick Bumb: I’d appreciate it. I get to the point that, well, maybe I shouldn’t be going about it anymore, and I am, but on the other hand, then sometimes later, well, somebody say, well, why didn’t you come in and –

President Tornatta: But no, I think you’re fine and, I mean, and –

Frederick Bumb: It is a concern of mine and I think if all of you folks out there were bordering this here, you would be concerned, too, because there’s places for wetland and I’m not completely against wetlands, but this area here, I don’t think is the place for it necessarily.

President Tornatta: Okay, and if something changes, we’ll be happy to let you know that as well, as far as if it’s a redirection of a wetland or something of that nature.

Frederick Bumb: Could I consult with Lochmueller and them, would that be of any value? But I guess they didn’t know there was tile in this ground, see.

President Tornatta: Okay, John, do you want to talk with him right now and maybe come up with some type of who is calling who?

John Stoll: From my perspective, if he wants to call Bernardin Lochmueller, that’s fine, but I’ll be more than happy to get a hold of them and discuss what the specifics are and the specific concerns regarding the drainage. The discussions we’ve had in the past have been in regard to the field tiles that they would need to be maintained through the site with an easement to Mr. Bumb or somehow rerouted, but the surface drainage hasn’t been discussed in the past.

President Tornatta: Why don’t you give him the name who he would need to talk to and then –

John Stoll: Jeremy Kiefer.

Frederick Bumb: I knew –

President Tornatta: Why don’t you go ahead and just ask him and then that will start the ball rolling.

Frederick Bumb: Would you give me the phone number?

Paul Kleinknecht: We’re just concerned whenever drainage – sorry, being a farm and I farm in the river bottoms and drainage is one of the biggest things that we have. And if you keep water on a ground, I mean, if the tile is there that we spent and put the tile in and that’s stopped, I mean, it’s, you know, in one day you can ruin a corn or soy bean or wheat crop and that’s what we’re concerned about whenever the way it’s kind of set up here, because of the flat nature and everything else, that eventually, it’s going to come back and have problems for us.

President Tornatta: Alright.

Frederick Bumb: Thank you for your time.

President Tornatta: Thank you. Anybody else for public comment? Sure.

Randy Jones: My name is Randy Jones.

President Tornatta: Randy?

Randy Jones: Randy Jones. I’ve lived here 55 years except for three years I served my country. I’ve never had a problem with Evansville or any Commissioners or anybody. But it seems like I have a neighbor that’s an elected official that decided they would cut trims and stuff off of my – and this is – you’ll have to bear with me. And the problem is, it was my fence to begin with and all of the sudden, you know, I’m trying to explain this to this person, and all of the sudden, I come out there and the County Surveyor is out there in front of my house on my private property with orange paint, painting it and marking it with posts and all that. And I’m going, who are you? You know, what are you going here? This is private property. I’m doing this as a favor for this person. And I’m thinking, well, I can fight this person, but I can’t fight the whole city. And I don’t know why they were here to begin with. And the problem is, when I bought my house, I had a VA loan on it, so I had to have it surveyed. I have the legal documents here that shows that it was surveyed. I have 40 foot in front of my house from the post that I have put in the ground, they had in the ground. You mark it 39 ½, and what he marked was a tent post that somebody had put there, one of these little cheap plastic tent posts there. Well, that’s where the marker is at. If he had actually, if the County Surveyor had actually went a little further and dug down, he’d have found where that post where – Mr. Bassemier, Mr. Bassinger? put it in. So I went down and I talked to the Surveyor. Well, that don’t mean nothing because he’s dead. I said, well, I’ve got the legal document. Well, you’d have to have the whole block done. This is what I’m hearing. I mean, I’m being told this. Well, you’d have to have the whole block surveyed before everybody can do it. I said well, if this stake is right, then I own six inches of her ground, they own six inches, I said, everybody’s drive is off. What really becomes concerning, they’re fixing to redo Oak Hill Road completely. So if these surveys aren’t right, and they start putting these concrete, you know, rebuilding these drives, we’ve got to get this straightened up before this happens.

President Tornatta: What is your address?

Randy Jones: 915 Oak Hill Road, and I have pictures of where the County Surveyor come and stuck these stakes up and I’ve got an orange (inaudible) sitting up there now that’s ugly.

President Tornatta: Could that be the Engineer?

Randy Jones: No, it was the County Surveyor. And I also have legal documents here showing that I had it surveyed when I bought the house. And it shows where the stakes, the red spot is where he put his wooden stake, he didn’t even put a post in, he just stuck a wooden stake in it. And I do not know why the County Surveyor would even be out there for this, to be honest with you.

President Tornatta: Well, you’re in the city, correct?

Randy Jones: I’m in the city, this is correct. Why would the County Surveyor be out there on my private property marking my ground with orange paint and stakes? I mean, that is a question I would like to have answered, because when I go down there and ask them, tough luck.

President Tornatta: Does that look like the guy you talked to?

Randy Jones: No.

President Tornatta: That’s your County Surveyor.

Randy Jones: Well, what gentleman from the office with black hair that came out there and did that? Would that have been? You have no idea? Have you talked to them about it? I mean, have they discussed it that they came out there and did that?

Bill Jeffers: What room did you go to?

Randy Jones: The Surveyor’s office, the County Surveyor’s office. They sent me to the County Surveyor’s office. I’ve also been to the Engineer’s office about the fact that they built a big – and I get flooded every time because they paved over the concrete of the sidewalk. Well, they told me they couldn’t find nothing on that, too bad on that, too. I don’t know where to go with this, gentlemen.

President Tornatta: Okay, well, we want to help. So –

Randy Jones: You know, I can’t fight this person...I could, but I mean, not if she’s got friends that’s going to come around here and do favors.

President Tornatta: Well, here’s a –

Randy Jones: But I was told it was County Commission by her, and when I went to the – the gentleman with the black hair and the girl told me that this meant nothing, because the man is dead and I didn’t have the whole block done. She told me this meant nothing and I thought, I thought it meant something. I’ve been there 28 years.

President Tornatta: Right. Let’s try and –

Randy Jones: I’m not trying to mention names because I’d just prefer –

President Tornatta: That’s fine. Let’s redirect you to a body that could more influence a decision here and I think that we’d probably be looking either at the City Council or –

Randy Jones: The City Council is my next step.

President Tornatta: The County Commissioners would be dealing with issues in the county and the unincorporated part of the county. Okay, so right now you’re in the city side of things and that’s dealing with the Mayor, the City Council, City Engineers.

Randy Jones: This is true. But I have talked to the City Engineer about the fact that the sidewalk floods in the front and they told me I’d have to – I said what I want to do is just tar the whole sidewalk. Well, you’d have to get a permit and I doubt if you can get a permit to tar over that sidewalk. And I said, well, there’s tar over the sidewalk now. When they fixed their drive, they stuck tar about that high over it, which just floods me. So –

President Tornatta: Well, unfortunately, if somebody did it without a permit, then you could bring that on that person if that was an issue, but that might be a civil issue, not a –

Randy Jones: I will do it legally, so the city has no say so when their sidewalks are covered over with tar, the city has no or the county has no say so on that?

President Tornatta: No.

Randy Jones: So if tar just happens to come up in front of mine, and I don’t know who did it then they’re not going to come out and make me take it up?

President Tornatta: Well, they could potentially. Absolutely.

Randy Jones: Well, that’s what I don’t understand. Why not the one that’s there now over the city sidewalk in the right-of-way.

President Tornatta: Just to guide you to a body that might be able to accommodate you a little better –

Randy Jones: I just kind of wanted to get this open to at least they know where I’m going through and what’s happening to me here because I’ve just never had this problem before. I’ve just never had anybody do this to me, you know, and I’m fixing to put a fence up to the front and I’m told I can’t do that because they can’t open the doors correctly. So I’ve been told, I’ve been threatened they’ll take the fence down if I put it up. So I’m getting kind of threats here.

President Tornatta: Do you want these?

Randy Jones: No.

President Tornatta: I was going to say, if you want to give those out.

Randy Jones: No, I can make prints of them. I’ve got that orange thing sitting in front of my house right now.

President Tornatta: Okay. Randy, we appreciate it and sorry we couldn’t help you.

President Tornatta: Could you please read the consent items into the record?

Madelyn Grayson: The consent items for the March 31^st, 2009 Commission meeting are as follows: approval of the March 17, 2009 Commission meeting minutes; employment changes from various offices; travel requests: four from the health department, one from Burdette Park, one for the County Auditor; the Commissioners: FC Tucker Commercial Notice to buyers/lessees; Commissioners: Waiver of fees, not overtime for the Centre for Indiana Minority Supplier Development Council Southern District Business Opportunity Fair on September 22^nd and 23^rd, 2009; the County Engineer, Approve pay request number 75 for the Burkhardt Green River TIF projects in the amount of $429,879.94; Evansville ARC: Report of Activities and January 2009 meeting minutes; the County Clerk: February 2009 monthly report; the Treasurer, February 2009 monthly report; Surplus requests from the County Assessor, County Recorder, Treasurer, Superior Court, County Auditor and Prosecutor; County Auditor: Annual Report and Summary of 2008 Fixed Assets; Burdette Park, request to surplus a 1991 Chevrolet Caprice and return 2000 Ford Crown Victoria; and department head reports from the County Highway, County Engineer, Burdette Park and Ozone Officer.

President Tornatta: Is that Weights and Measures in that, too?

Madelyn Grayson: I’m sorry, I skipped over that one. Weights and Measures monthly report from February 15^th to March 15^th.

President Tornatta: I think we’ve got it.

Commissioner Winnecke: I’ll move approval.

Commissioner Melcher: Second.

President Tornatta: Motion and a second. Discussion? Roll call vote please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: David, do you have a report for today?

David Miller: I have nothing.

President Tornatta: And we have some bids that were opened, I believe.

David Miller: We have one bid that was opened on the Sensmeier Road bridge.

Madelyn Grayson: David, is your microphone on?

David Miller: I’m sorry. We have one bid that was opened on the Sensmeier Road bridge. The bid is submitted by Allen Relleke Excavating, LLC. It appears to be in order.

President Tornatta: And the amount?

David Miller: And the total amount of the bid is $26,240.

President Tornatta: Motion to take that under advisement.

Commissioner Melcher: So moved.

Commissioner Winnecke: Second.

President Tornatta: Motion and a second. Discussion? Roll call vote please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: And a motion to adjourn. All those in favor?

Commissioner Melcher: Before we adjourn can we introduce our students today?

President Tornatta: Oh, I’m sorry. Absolutely.

Commissioner Melcher: Sitting on my right, your left, we have Sammi Burnworth, a junior at Central High School.

President Tornatta: Lucas Keck, and where are you from, Lucas?

Lucas Keck: Memorial High School.

President Tornatta: Oh, that’s right. Memorial High School.

Commissioner Winnecke: And we have Andrew Ritter from Mater Dei. And, Mr. President, we also have a Public Affairs Reporting class from the University of Southern Indiana, Gary Blackburn, who is the publisher of the Princeton Daily Clarion is their instructor, and they’re in the audience, I assume covering us for a project.

President Tornatta: Alright. Welcome. Alright. Motion to adjourn? All those in favor, say aye.

Commissioner Winnecke: Aye.

Commissioner Melcher: Aye.

President Tornatta: Aye.

(The meeting was adjourned at 5:58 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the March 17, 2009 Commission Meeting Minutes.

F.C. Tucker Commercial Notice to Buyers/Lessees.

Waiver of Fee/Not OT for Centre: Indiana Minority Supplier Development Council

Evansville ARC Report of Activities and January 2009 Meeting Minutes.

Employment Changes:

County Clerk (1)                       County Assessor (1)                 Sheriff (6)

VCCC (3)

Travel Requests:

Health Department (4)              Burdette Park (1)                      Auditor (1)

County Engineer: Pay Request No. 75: Burkhardt-Green River TIF Projects.

County Clerk: February 2009 Monthly Report.

County Treasurer: February 2009 Monthly Report.

Weights & Measures: 2/15/09-3/15/09 Monthly Report.

Surplus Requests:

County Assessor: (2): Various office equipment and furniture.

County Recorder: (1): Six (6) Ithica receipt printers.

County Treasurer: (1): Three (3) office chairs.

Superior Court: (2): Various office equipment.

Prosecutor: (1): Two (2) file cabinets.

County Auditor: Annual Report and Summary of 2008 Fixed Assets.

Burdette Park: Request to Surplus 1991 Chevrolet Caprice and 2000 Ford Crown Victoria

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer

Those in Attendance:

Troy Tornatta                            Stephen Melcher                      Lloyd Winnecke

Bill Fluty                                    David Miller                               Madelyn Grayson

Zach Harris                               Lonnie Harris                            Terry Hayne

Gary Heck                                John Stoll                                  Sherman Greer

Chris Walsh                              Fred Bumb                                Paul Kleinknecht

Randy Jones                            Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Troy Tornatta, President

Stephen Melcher, Vice President

Lloyd Winnecke, Member

(Recorded and transcribed by Madelyn Grayson.)