VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

MAY 5, 2009

The Vanderburgh County Board of Commissioners met in session this 5^th day of May, 2009 at 5:02 p.m in room 301 of the Civic Center Complex with President Troy Tornatta presiding.

President Tornatta: Good afternoon. We’re ready to commence the agenda, or the Board of Commissioners, May 5, 2009, room 301. 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: Now to honor us with the pledge is Diane Clements with the Human Relations Commission. All rise.

(The Pledge of Allegiance was given.)

President Tornatta: Come on up, Diane. This is your part of the show.

Diane Clements: Thank you, Commissioner Tornatta. I’m here today to ask for consideration for the waiver of the Centre for our annual dinner, which will be held on June the 18^th. We are having as our keynote speaker, Dr. Mary Frances Berry. She is the former chairperson of the United States Commission on Civil Rights, and currently the Geraldine R. Segal Professor of American Social Thought and Professor of History at the University of Pennsylvania. We are so pleased to have Dr. Berry as our keynote speaker. We are also, during that same week having, or hosting the 36^th Annual Indiana Consortium of State and Local Human Rights Agencies training conference. So, we’ll have state human rights and civil rights agencies from throughout the state with us that week, and they will also be available for the annual dinner, or joining us for the annual dinner. I do have some information on both.

President Tornatta: Not to get too far ahead in the agenda, which we’re in good shape–

Diane Clements: Okay.

President Tornatta: –but, tell us about what the Commission is doing, what some of the goals are, what are some of the goals that have been achieved since the Commission’s been in existence, and just give people a good insight.

Diane Clements: Okay. The Human Relations Commission is primarily an enforcement agency. We enforce civil rights laws through our municipal ordinances. The bulk of our work is in the area of employment discrimination. We do also process fair housing complaints, and also public accommodations complaints, and education complaints. Some of our most recent successes have included a contract with HUD. We have received a contract to process housing discrimination cases. We have always done that, but we did receive a capacity building grant, for three years, to allow us to process complaints that are comparable to how cases are processed on the federal level. So, we did have to make amendments to our ordinance, and we’ve done that, which was one of the requirements to be substantially equivalent to HUD. We are going to receive training through the National Fair Housing Training Academy. We’ll be traveling to Washington, D.C. We did receive a grant, or funding, through the U.S. Equal Employment Opportunity Commission, EEOC, in 2005, I believe. So, we do receive some funding from EEOC as well. We do want to do more in the area of prevention. We are called on often to do in-service training for fair housing, and also for agencies dealing with employment issues, to prevent discrimination complaints from happening. Those are, that is an immediate goal of ours, is to expand the prevention aspect of our work. To go out and educate housing professionals, and also human resources people on preventing complaints.

President Tornatta: Super. Alright, we thank you for coming out.

Diane Clements: Thank you.

President Tornatta: Thank you for helping us with the pledge. We do have something on the table right now for the Commission to waive the fees at the Centre.

Diane Clements: Yes, sir.

Commissioner Winnecke: So moved, Mr. President.

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Thanks, Diane–

Diane Clements: Thank you, sir.

President Tornatta: –for coming today. Have a wonderful event.

Diane Clements: Okay, you’ll be getting more information on that.

President Tornatta: Sounds great.

Diane Clements: Thank you.

President Tornatta: Alright.

President Tornatta: If we don’t mind, let’s go back up one, permission to open bids. If we can have a motion for Burdette Park.

Commissioner Melcher: So moved.

Commissioner Winnecke: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, second and final reading of CO.04-09-009, revision of the MBE/WBE ordinance.

Commissioner Winnecke: Mr. President, I’ll move passage on second and final reading.

Commissioner Melcher: I’ll second that.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Second and final reading of CO.04-09-010, an ordinance amending the ordinance entitled Information Technology Governance Structure.

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

Commissioner Winnecke: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Second and final reading of CO.04-09-011, ordinance amending the ordinance entitled administration and enforcement.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: County Engineer, proposals for construction inspection for Burdette Park/USI bike path. John, if you want, do you want to take everything at once here?

John Stoll: Sure.

President Tornatta: Okay.

John Stoll: Let me go grab my agenda off the chair.

President Tornatta: Okay.

John Stoll: Those proposals for the bike path just need to be opened. Then they need to be reviewed and scored in accordance with INDOT procedures. Then we can make a selection upon which consultant would ultimately end up doing the construction inspection on that project.

President Tornatta: I’ll entertain a motion.

Commissioner Melcher: So moved.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion?

Commissioner Winnecke: Just for the sake of clarification, the folks scoring these will be the three of us and John? Is that right?

John Stoll: However you want to proceed. INDOT prefers more than one, but it can be just one person. If it is somebody knowledgable of the project. I know, last year when we had the Oak Hill and Bergdolt project, I was the only one who scored it, but I did have, I believe, four copies submitted. So, you three could also score it, and then there’s another INDOT form that provides for averaging of the scores. Then we submit all of that to INDOT, and it turns around and determines which consultant is selected for the project.

President Tornatta: That’s fine.

Ted C. Ziemer, Jr.: Excuse me. These are the proposals here?

John Stoll: Yes.

Ted C. Ziemer, Jr.: I think the motion needs to authorize me to open the proposals, and then submit them back to John Stoll for review.

President Tornatta: Okay.

Commissioner Winnecke: Who made the motion? Or have we made a motion yet?

President Tornatta: Okay, we’ll need a motion to open the proposals at this time.

Commissioner Winnecke: Mr. President, I’ll move that we instruct, or authorize the County Attorney to open the proposals and return them to the County Engineer for review.

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Go ahead, John.

John Stoll: On my agenda I’ve got a right-of-way certification letter–

President Tornatta: Is that mic on?

John Stoll: Yes.

President Tornatta: Okay. Sorry.

John Stoll: No problem. The first thing I have is a right-of-way certification letter for the University Parkway project. We are in the process of getting the check for the final right-of-way parcel. That was for the oil lease that we’re buying out on the project. Once we get that check, and the paperwork for that check is in your information for tonight’s meeting, we’ll deposit that with the courts next week, and then we’ll submit this right-of-way certification letter that says that all right-of-way has been secured for the project. It just needs to go to INDOT, and it needs your signatures.

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

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Good job on that. I mean, that’s–

John Stoll: Finally.

President Tornatta: –great to get all the right-of-way purchased out there.

John Stoll: It’s taken awhile, but we’re finally there. Now, we hope we can get the stimulus money.

President Tornatta: There you go.

John Stoll: Did you want me to go ahead and go through the things that were on your agenda?

President Tornatta: Just go ahead, yeah.

John Stoll: Okay. Next up I have the INDOT agreement for the USI-Burdette bike path. This is the agreement between INDOT and Vanderburgh County that obligates up to $1.3 million in federal funds toward the construction of phase two of the project. It also indicates that the county will pay a 20 percent local match. It’s been reviewed by the County Attorney, and he was okay with it. So, I would request approval of the agreement.

Commissioner Melcher: I’ll move for approval.

Commissioner Winnecke: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: Then, next I have a supplemental agreement with Bernardin Lochmueller and Associates for the design of the Burdette-USI bike path. This is a supplemental agreement that will split the plans into two sets of plans and specs. This is an increase of $4,700. The reason this has come about is INDOT has hit their obligation limit on federal funds for fiscal year 2010. So, they can’t obligate enough federal money in FY10 to get both phases done at the same time. So, in order for our project to proceed, we’ll split it into two phases, and at least get phase two out for bid. Then, if other projects drop out of the INDOT system, then there’s a chance that we might become eligible to get phase three constructed as well.

Commissioner Melcher: And this is the phase two we couldn’t get the stimulus money on, right?

John Stoll: Correct.

Commissioner Melcher: Okay.

John Stoll: In order to qualify for the stimulus money we had to advance it one fiscal year. So, since this has always been set to go in fiscal year 2010, we can’t advance it to ‘09, because that ends June 30^th.

Commissioner Melcher: I move for approval.

Commissioner Winnecke: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: Then, next, I have a letter that needs your signatures. This is to go to INDOT to correct a problem we found with the functional classification maps in regard to University Parkway. The alignment of the road was shown as the old original alignment that was studied years ago. They showed the road going up the existing Eickhoff Road and then up along the existing Korressel Road. Since the road ultimately is on a new alignment, we just need to amend the maps to show the correct alignment, and with this letter plus some paperwork prepared by the MPO, we can submit this to INDOT and get that all clarified.

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

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

John Stoll: Then, next, I would like to request your approval to terminate two existing contracts with R.W. Armstrong. This was for design and right-of-way acquisition for County Line Road West. This is running south off of Denzer Road. These contracts were signed in September of 2003 and September of 2004. Still, as of this date, we don’t have any construction or right-of-way money for these projects. We haven’t had any activity on either of the contracts for quite some time because we knew we didn’t have sufficient funding to pursue those. So, on that basis, I had sent an e-mail to the County Attorney to ask him to review the contracts. There was a seven day advance notice clause that allowed the county to terminate the contract and pay the consultant current. I checked with the consultant, they said there are no outstanding payments due to the consultant. So, on that basis, I would like to request your authorization to terminate the contracts, and that would free up $50,000 that is currently obligated in those contracts that could go to University Parkway or for additional road repairs.

Commissioner Melcher: So moved.

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)

John Stoll: Then, the last item I have is a notice to bidders for contract number VC09-06-01. This will be for the concrete repair of various roads. This would cover street repairs in Autumn Winds Subdivision on Mt. Pleasant Road, and would cover repairs in Copperfield Subdivision, which is on the south side of Mt. Pleasant, and then some repairs in Romain Park which is in the Congress and Bergdolt area.

President Tornatta: Okay, and, we’ll go ahead and do a motion first.

Commissioner Melcher: So moved.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion?

Commissioner Winnecke: Just, I guess, sort of in addition to that, where do we stand on the rest of the paving list?

President Tornatta: The, we can have Chris come up here in just a second.

Commissioner Winnecke: Okay.

President Tornatta: On the concrete work, of those subdivisions that might not get the attention this year, we do have remedy for those, if need be, through asphalt until we can repair it with concrete?

John Stoll: Right. We get with the County Highway Department and get some temporary asphalt patches, and then, as is the case every year, we never have enough money to do all the work that’s requested, so, the roads that don’t get finished this year will roll over into next year.

President Tornatta: Once again, this is a perfect time to bring out, the road hearing is probably the best conduit to get your information out there. If you have a road issue, if you have an issue in your subdivision, make sure you go to the road hearings, bring those items, pictures if you can, and we will address those and put those in the mix.

Commissioner Winnecke: So, one other, so, John, we would get these bids and them open them in the first of Junish?

John Stoll: June 2^nd.

Commissioner Winnecke: June 2^nd? So, the work would begin roughly the middle to the end of the month in June?

John Stoll: With the meeting schedule, we wouldn’t be able to make an award until June 16^th. Usually it takes a week or two for the contractor to get all of the paperwork taken care of. So, I would say late June, early July would be the start date.

Commissioner Winnecke: Thank you.

President Tornatta: We have a motion and a second. 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: That’s all I have.

President Tornatta: Thank you.

Commissioner Winnecke: Thanks, John.

President Tornatta: Chris, if you would come up here please.

Ted C. Ziemer, Jr.: Whenever you’re ready, I’ve completed opening the bids.

President Tornatta: Okay.

Chris Walsh: Chris Walsh, Vanderburgh County Highway Department.

President Tornatta: Chris, where do we stand on the list, the paving list at this point?

Chris Walsh: I’ve submitted a copy of, through the road hearings and talks with John Stoll, we’ve come up with roughly 23.7 miles of road. All of you should have a copy of that.

President Tornatta: Okay.

Madelyn Grayson: Chris, do you have an extra copy for the record? If you don’t, I can get it from you later.

Chris Walsh: This is the only copy I have, but you can have it.

Madelyn Grayson: If you want you can hold on to it until you’re finished.

Chris Walsh: No, you can go ahead and keep it.

President Tornatta: We can get a copy of it if we need to.

Commissioner Melcher: There was an e-mail copy. I received an e-mail copy.

Chris Walsh: Yeah.

President Tornatta: Do we want to take those roads under advisement and come back next meeting and go ahead and vote on that? What is your time table for getting–

Chris Walsh: We’ve been pulling some maintenance on some of the equipment, and we had some, we’re pulling shoulders on a lot of the roads, which is something we would do anyway. So, whenever you are ready to vote on it, we’ll be ready to go.

President Tornatta: Okay.

Commissioner Melcher: We could vote on it at the next meeting, couldn’t we?

President Tornatta: Yes. We have the list. If we can, just get a motion to take this list under advisement. We can go ahead and vote on paving at the next meeting.

Commissioner Winnecke: Then, just again to clarify, Chris, you’ll be able to work with John’s office and patching whatever concrete projects he doesn’t have the budget for?

Chris Walsh: Right. You were talking about the one subdivision. I’m going to try and borrow a camera from the city and go out and look and investigate a couple of the pipes. It looks like there’s some piping failure that maybe our department could help.

Commissioner Winnecke: Great.

Chris Walsh: I’m not saying it’s going to solve the problem, but it might help a little bit. I went through there in the rain a few weeks ago, and I kind of noticed a few things. Dennis Hudnall’s going to loan me a camera, we’re going to go out and camera some of those.

Commissioner Winnecke: Great. Thank you. Do you want to take these under advisement?

President Tornatta: Uh-huh.

Commissioner Winnecke: Do you want a motion?

President Tornatta: Yeah.

Commissioner Winnecke: Mr. President, I would move that we take this 2009 road pavement list under advisement.

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: Alright.

President Tornatta: County Treasurer. Rick?

Rick Davis: Hi, Rick Davis, County Treasurer. Thank you guys for seeing me tonight on such short notice. I have given you a map, a color coded map for your perusal. This is from the Department of Local Government Finance. It shows where every county is in the state in the property tax billing cycle. As you’ll see we are in purple, which means we are getting close to billing. The reason I’m here tonight is basically as a public service announcement. I’m trying to get the word out to as many people as possible that, obviously, we’re not billing for a May 11^th deadline this year, that’s only next week, but the reason I’m here is to remind people to budget accordingly, because we plan on mailing the bills out in late May, with a mid-June deadline. The people I’m most concerned about, and the reason I’m here now, that would be people who are on a fixed income, people who get a social security check, or a pension check, they get one check per month. So, if they get their bill at the very beginning of June, I don’t want them to have to pay the bulk of their pension or social security check to pay for their property taxes. I would like for them to save some money from this month and apply it toward the bill next month. If anybody would like to know what their bill was last year, they can go to our website and they can still see what was paid last year. That’s a good reference point. Not to say that it’s going to be identical. It’s not, but it’s a good reference point and it’s a good ballpark figure to tell people how much they need to save this month. So, when they get their paycheck and bill in one month, it won’t be such a burden on them.

Ted C. Ziemer, Jr.: Rick, just for the record, a question, are you saying then that the first installment of real estate taxes due this year will be due June 10^th instead of May 10^th?

Rick Davis: Not a date yet, in mid-June sometime. Legally we have a 15 day headway to give people. From the date on the postmark until the due date we are required to give 15 days. That’s why I’m hesitant to name an actual date.

Ted C. Ziemer, Jr.: But, the first installment will be due in June sometime?

Rick Davis: Exactly, mid-June.

Ted C. Ziemer, Jr.: Thank you.

Rick Davis: Yes, and, another note, although we may only be forced to give 15 days notice, we will have that information on our website. It will take two weeks to get the bills printed. So, during that two week period we’re going to have a press conference. We will drive people to go to that website so they can see how much their payment is going to be, and that’s an additional two week headway that we’re going to give people. Obviously, they can call our office and find out what that amount is too while the bills are being printed. As you can see, there are only 13 counties out of 92 that have scheduled a due date.

President Tornatta: Alright. Any other questions of Rick? Rick, thank you for the update.

Rick Davis: No problem. Thank you for having me, Commissioner.

President Tornatta: Alright.

President Tornatta: Okay, Commissioners, agreement with Morley and Associates for consulting services for Sonntag Stevens and Keil ditch regulated drains.

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

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Next, the Coroner, agreement with Allen Griggs, M.D. for pathology services.

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

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Health Department, 2009 AIDS prevention grant agreement amendment number two. Amendment two serves to increase the grant amount from $12,800, to a total of $252,320, and extends the grant to December 31, 2010.

Commissioner Melcher: Move for approval.

Commissioner Winnecke: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, Emergency Management Agency, we have three; 2008 Homeland Security grant program sub-grant agreement EDS#C44P-9-689A. The main purpose of the grant is to provide partial staffing for the Emergency Management program. The grant amount is $68,434.01. It runs until September 30, 2009.

Commissioner Melcher: So moved.

Commissioner Winnecke: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: 2007 Homeland Security grant program sub-grant agreement EDS#C44P-9-752A. Attached is a sub, is a captioned sub-grant agreement which is for the purpose of supporting the salary of a district administrator coordinator. The grant is in the amount of $36,220, and the agreement shall end three years after the date that the last of the necessary signatories executes the same.

Commissioner Winnecke: Easy for you to say.

Commissioner Melcher: So moved.

Commissioner Winnecke: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Verizon wireless purchase order. A purchase order for the cell phone service for a total estimated due with taxes and applicable charges, a cost of $1,076.74.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, Sheriff’s SunGard public sector add-on quote, and SunGard public sector data access agreement for electronic sharing of police and Sheriff office data between law enforcement agencies. The cost of the software on a one time basis is $1,400 to be split between city and county.

Commissioner Winnecke: So moved.

Ted C. Ziemer, Jr.: There is also an addendum to that agreement.

President Tornatta: The addendum to the agreement will serve to limit the indemnity of the city and county under the agreement.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, County Auditor, agreement with Code Publishing Company for supplement service for Vanderburgh County ordinances. The agreement for a cost sheet of electronic code supplement services between Vanderburgh County and Code Publishing Company to provide the electronic update to ordinances that will be forwarded to them in electronic form. The cost sheet sets forth the cost for the electronic update service.

Commissioner Melcher: So moved.

Commissioner Winnecke: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Okay. Any other department heads?

Madelyn Grayson: President Tornatta, there was one agreement on there that I think we passed over.

President Tornatta: It’s in old business.

Madelyn Grayson: Okay.

President Tornatta: Alright, new business? Health Department, H1N1 update. Dwayne Caldwell is here. Dwayne?

Dwayne Caldwell: Hey, how ya doing?

President Tornatta: I know you’ve been busy.

Dwayne Caldwell: Just a tad, yes. Well, I am Dwayne Caldwell. I’m the Public Information Officer for the Vanderburgh County Health Department for the duration of this flu event. I would like to start out on a positive note. Dr. Judy Monroe, the State Health Commissioner, held a press conference at 3:00 and reported that Indiana has only 13 confirmed cases. So, that keeps us now, in the United States, at 403 cases, and only one death. So, this H1N1 hasn’t spread as rapidly as we had thought, nor has it been as virulent. So, that is good news. Just to bring you up to speed on what the county has been doing to make sure that our citizens stay safe. The Emergency Management Agency and Health Department have adopted a unified command structure. They are meeting daily to discuss any problems, situations that may come up. The command staff are also meeting with our hospitals and with law enforcement to make sure that everything is ready, should we have to move forward with any type of dispensing of any medications. We are cooperating, of course, with the State Department of Health to deliver specimens to the lab for testing. That is saving our hospitals some time and money. So, we really think that’s a good idea. We do have a joint information center up and running that’s made up of the Public Information Officers from the Health Department, our elected officials offices, the school corporation, our hospitals, the Red Cross, and the Police Department. That way the citizens are getting a very timely, very accurate piece of information every day, so there’s not anyone saying one thing, or another person saying another. We’re doing plenty of public education, as you might well believe. My phone is ringing off the hook with people wanting me to come out and speak to them. Doing plenty of press releases and interviews. We do have a 24/7 number for the Health Department, 435-2400. 435-2400 where people can call and get any questions answered. Of course, we also want to put forth to make sure you’re washing your hands, make sure you’re taking care of yourself, just like grandma told you, with plenty of rest and plenty of water. Stay home if you’re sick. Finally, our continuing operations, well, I shouldn’t say finally, because I have one more thing after that. We’re going to continue to meet until we are sure that this puppy is put to bed. At least through the command staff. They are going to monitor what’s going on and a decision will be made then when we can stand down. Two important meetings coming up, the American Red Cross is having an information night at their Stockwell Road address, tomorrow evening from six to eight. The public is invited to come out and talk to any one of several subject matter experts that they’ll be able to take care of themselves and their families. Tomorrow at the Lynnville Fire House, the District Planning Oversight Committee for the Department of Homeland Security District Ten is having a meeting. This is a very important meeting, because the District Oversight Committee is made up of elected officials from the 12 counties that make up our district, and they are going to be discussing what each county is doing to make sure that their citizens are safe. That is tomorrow at 9:00 at the Lynnville Fire House. So, I would urge anyone who can possibly make it to be there. That’s all I have, unless you have any questions.

President Tornatta: Any questions of the Board? Dwayne, thanks for the work you’re doing. Thank you, Dr. Nicholson, Gary Heck for calling some impromptu meetings, and getting everybody there. So, I think it’s been very important. It might look like the county’s kind of laying low on this, and the city as well, but we’ve been hard at work under the covers and behind the scenes to make sure that we’re well prepared. Our Commissioners have been part of that with the Mayor, and with a lot of help from hospital staffs and the Health Department. So, we couldn’t have done it without you, and we appreciate all of your support. Obviously, it’s still on-going.

Dwayne Caldwell: Definitely, and we’ll be there for the duration. Thank you for your help as well.

President Tornatta: The public should know that they’re well taken care of right now.

Dwayne Caldwell: Thank you, sir.

President Tornatta: Thank you. Commissioners, request to move vulcan statue from the Old Courthouse to the Evansville Museum.

Commissioner Melcher: I’ll approve that wholeheartedly.

Commissioner Winnecke: Is this at the county’s expense, or at the Museum’s expense.

Commissioner Melcher: The Museum’s.

President Tornatta: Museum.

Commissioner Winnecke: Second.

President Tornatta: The....a motion and a second. Discussion? Real quickly, there is a vulcan statue that is in the basement of the Old Courthouse, and this dude is awful lonely down there. So, the thought from the Old Courthouse Foundation was to move him to a better place, and the Museum said, well, we would love to have him. So, he has no significance to the Courthouse, but he is of significance to what we are around here.

Commissioner Winnecke: Vulcans?

President Tornatta: For whatever that means. Vulcans. A motion and a second. 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 a motion to review the bids?

Commissioner Melcher: So moved.

Commissioner Winnecke: Are we done with new business? I’m sorry. Can we go back? Or, are you going to go back to that?

President Tornatta: Okay.

Commissioner Melcher: We need a second.

President Tornatta: Oh, we need a second.

Commissioner Winnecke: Oh, second. I’m sorry.

President Tornatta: A motion and a second. 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)

Ted C. Ziemer, Jr.: For Burdette Park food service items, we have three bidders. I will call the Commissioners attention to the fact that they don’t bid a total amount. They bid on various items of food, with separate items for the various food items. So, we’re unable to tell, at this point, any low bid, until after they’ve been reviewed. We have bids from CRS One Source, Fischer Candy Company, and Sara Lee Food and Beverage.

President Tornatta: Do we have a motion to take those under advisement?

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, any old business?

Ted C. Ziemer, Jr.: Then–

President Tornatta: I’m sorry.

Ted C. Ziemer, Jr.: I’m sorry, we have proposals for construction inspection for the bike path. These are simply proposals. No bid amounts are included. The bids are from, the first one here, excuse me, Strand Associates, another from Clark Dietz, another from the Corradino Group, another from Cripe Architects, and a final one from BLA Associates.

Commissioner Melcher: Do we need a motion for–

President Tornatta: To take them under advisement.

Commissioner Melcher: I’ll make a motion to take under advisement.

Commissioner Winnecke: So moved.

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: Is that it, Ted?

Ted C. Ziemer, Jr.: That’s it.

President Tornatta: Okay. Old business?

Commissioner Winnecke: I have a couple under new business.

President Tornatta: Oh, new business, sure.

Commissioner Winnecke: First, the Sheriff may have to correct me on the date, but, I think it was a Friday or two ago, there was an ammonia leak at the Farm Bureau Co-Op. I would just like to offer my congratulations to the Sheriff’s Department and to our volunteer fire services who responded really quickly and well and prevented what could have been a, they stopped it from being bigger than what it could have been. I appreciate the efforts of the Sheriff’s deputies, as well as our volunteer fire. I thought it would be remiss if we did not mention that. Secondly, on a more serious note, the County Council in the last couple of weeks has had some discussion with one of our county officeholders regarding permitting an employee to work at home. I think that’s a dangerous slope, because of accountability and potential risk to the county. I think it would be prudent for this body to direct our County Attorney to draft an amendment to the county’s personnel policy that would prevent county employee’s from working at home.

President Tornatta: Any discussion on that?

Commissioner Melcher: I think the problem could be also is what they’re taking home. If they’re taking, you know, county information home and not bringing it back, or whatever. That’s probably not a bad idea to look into that.

President Tornatta: How about we can give some ideas on a direction to the County Attorney and send that via e-mail?

Commissioner Winnecke: Yeah, I mean, my direction would be, or my suggestion is that we prohibit it. So, it would be basically directing the County Attorney to direct an amendment to our current personnel policy that would ban that.

President Tornatta: Okay. Would there be any known exemptions at this time?

Ted C. Ziemer, Jr.: Not that the County Attorney knows of.

President Tornatta: Okay. Sheriff?

Ted C. Ziemer, Jr.: I think the issue at this point is the county personnel policy does not address working from home at all. So, at this point, if a county department head, or an elected officeholder directed or permitted one of his or her employees to work from home, they could, because the policy is silent on that.

President Tornatta: Okay.

Eric Williams: I don’t believe I’m the officeholder in question, but I would like to be included in any conversation that does that, because the nature of what we do in 24 hours a day, seven days a week, from time to time my personnel do find themselves working on reports and things like that at home, just because of the whereabouts and the location. I don’t disagree with the concept, but I think there needs to be some exceptions based on what we do.

Commissioner Winnecke: I concur with that.

President Tornatta: Gary?

Gary Heck: Gary Heck, Health Department. I’m assuming you would put in a clause that said in a public health emergency, like the swine flu, or the H1N1, one of the recommendations would be to encourage flexibility in employee staff, where if coming into close contact becomes an issue, encouraging businesses to allow their folks to be at home. But, that would be something where the Commissioners could pro-actively, with a recommendation from the Health Officer make a modification. So, we would at least offer that as one possible opportunity where having somebody work somewhere other than in their normal county business office might be acceptable.

President Tornatta: I would like to have some type of discussion with officeholders, if we could. If you want to take charge of that, I would gladly defer. Just to get some ideas of what they see, and what would be palatable. Not to say that we have to go any certain direction, but we do ask these officeholders opinions, and they do run their offices. You know, it just might be a good starting point, and then we can give direction to Ted past that, or David.

Commissioner Winnecke: Um.

President Tornatta: We might find more issue than just what the Sheriff had.

Commissioner Winnecke: I get–

President Tornatta: Just to set something in stone without going and doing the due diligence to make sure that...I know where it’s coming from, and we don’t want ghost employment in this building. I mean, we don’t want that.

Commissioner Winnecke: I’m not suggesting that we have it, but, to me, there’s just an issue of accountability and risk that the county needs to be on the look out for. With no reference to it in the county personnel policy, I think the county, potentially, could be, it opens us up to criticism and risk.

Ted C. Ziemer, Jr.: I, we might check, on the County Attorney’s part, to see how this may have been addressed by other counties in the State of Indiana. We have a mechanism to try to do that. So, we’ll do that as well.

President Tornatta: We’ll want to make sure that that’s in compliance with the State statute. I mean, we wouldn’t go farther than the State statute at that point, would we?

Ted C. Ziemer, Jr.: Well, I’m unaware of a State statute that addresses this subject. There may be one. I’m not saying that there isn’t, and I haven’t researched it. Certainly, if there is, we can’t go farther than the State has, but, yeah, we’ll take a look at that.

Commissioner Winnecke: To your point, I will reach out to the officeholders and get their input.

President Tornatta: Okay, and then if, do you want to set something up for next meeting?

Commissioner Winnecke: Sure.

President Tornatta: Is that, okay? Alright, we’ll–

Ted C. Ziemer, Jr.: That might be ambitious. I mean, if he’s just going to, you know, get the officeholders together. We need time to synthesize what everyone has had to say–

President Tornatta: Okay.

Ted C. Ziemer, Jr.: –and then report back.

President Tornatta: Let’s get a report back next meeting.

Ted C. Ziemer, Jr.: Okay.

President Tornatta: Then we can go from there.

Ted C. Ziemer, Jr.: Okay.

Commissioner Winnecke: Fair.

President Tornatta: Okay.

Ted C. Ziemer, Jr.: In other words, we’re not going to have an ordinance ready for next meeting?

President Tornatta: No.

Ted C. Ziemer, Jr.: Thank you.

Commissioner Melcher: You’re just going to look at other ordinances.

President Tornatta: Right, just kind of informational.

Commissioner Melcher: So, we don’t reinvent the wheel.

President Tornatta: Right. Okay, any other new business?

President Tornatta: Old business?

Commissioner Melcher: Under the old business, I think we were supposed to add the County Assessor’s amendment to the A&S Associates model contract for annual adjustments. That was put under the wrong area, but, it should be under old business, right?

President Tornatta: Okay. Go ahead.

Commissioner Winnecke: Mr. President, I voted against this the last time. After additional research, I feel differently. I feel like it would be cumbersome upon this vendor to be required to have a performance bond based on the nature of the payment they received, and the timeliness of the work they deliver. After this research I feel like I would vote differently, and maybe that’s one reason it’s back on the agenda today. So, I would make a motion to waive the performance bond for this vendor.

Commissioner Melcher: I’ll second it.

President Tornatta: Okay, and just to ease everybody’s mind, I think they’re almost done with the job.

Commissioner Winnecke: Okay.

President Tornatta: So, it would be not a lot to worry at this point. Motion and a second–

Ted C. Ziemer, Jr.: If they’re not, they already owe us $1,500 in penalty.

President Tornatta: Okay. I think they’re done. Glen Koob out there says they are done.

Commissioner Melcher: I was told that they are.

President Tornatta: Okay, good. A motion and a second. 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: Alright, any public comment? Anybody out there from high school raise your hand. Okay. What school?

Unidentified: North.

President Tornatta: North, that’s what I’m talking about. Okay, good. Go, Huskies!

President Tornatta: If there are no further, nobody for public comment, Madelyn, if you will go over the consent items, please.

Madelyn Grayson: The consent items for the May 5^th Commission agenda are as follows; approval of the April 21, 2009 Commission meeting minutes; approval of the April 27, 2009 Executive Session summary minutes; employment changes from the various offices; travel requests, there are three from the Health Department, one from Veterans Services, one from the Soil and Water Conservation District, two from the County Engineer; the Commissioners have a Roger Lehman proclamation and a West Side Nut Club proclamation; there’s a letter to Congressman Ellsworth regarding transportation projects; Commissioners Arthritis Foundation request to use Old Courthouse basement for 2009 Jingle Bell Run; the next item has a correction to it, it’s the Commissioners request to redeem properties, the correct tax ID numbers are as follows; 09-430-14-118-036, 09-430-14-118-037, 09-430-14-118-038 and 09-430-14-118-039; the County Engineer pay request number 78 for Burkhardt-Green River TIF projects in the amount of $59,411.48; March 2009 monthly reports for the County Clerk and County Treasurer; the County Treasurer has a surplus request for eight scanner ribbons, two keyboards, two computer monitor stands, two computer terminals; and department head reports from the County Highway, Burdette, County Engineer and Ozone Officer.

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

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: Great job, Madelyn, as always. Alright.

President Tornatta: Rezoning, first reading, VC-6-2009, petitioner, Elite Development Group, address, 1000 Beacon Hill, request change from R-3 to PUD with private covenants.

Commissioner Melcher: I’ll make the motion to accept it and move it to Area Plan.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Any discussion?

Commissioner Melcher: I just had a little one, I was talking to Area Plan, I try to stay on top of a lot of zonings, and my understanding is this got filed, but there’s probably going to be a bunch of changes and we’ll probably see a different version by the time it gets back to us.

President Tornatta: That’s fair. 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: If that’s it, can I have a motion to adjourn?

Commissioner Melcher: So moved.

Commissioner Winnecke: Second.

President Tornatta: So moved, second. All in favor say aye.

All Commissioners: Aye.

(The meeting was adjourned at 5:50 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the April 21, 2009 Commission Meeting Minutes.

Approval of the April 27, 2009 Executive Session Summary Minutes. 

Roger Lehman Day Proclamation.

West Side Nut Club Proclamation.

Letter to Congressman Ellsworth: Transportation Projects.

Arthritis Foundation OCH Request for 2009 Jingle Bell Run.

Request to Redeem Properties: 09-430-14-118-036, 037, 038 and 039.

Employment Changes:

County Highway (2)                  County Clerk (2)                       Auditor (1)

Health Department (2)              Burdette Park (19)

Travel Requests:

Health Department (3)              Veterans Services (1)               SWCD (1)

County Engineer (2) 

County Engineer: Pay Request No. 78: Green River-Burkhardt TIF Projects.

County Clerk: March 2009 Monthly Report.

County Treasurer:

March 2009 Monthly Report.

Surplus Letter Request: scanner ribbons, keyboards, computer terminals.

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer

Those in Attendance:

Troy Tornatta                            Stephen Melcher                      Lloyd Winnecke

Bill Fluty                                    Ted C. Ziemer, Jr.          Madelyn Grayson

Diane Clements                        John Stoll                                  Rick Davis

Chris Walsh                              Dwayne Caldwell                      Gary Heck

Eric Williams                             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.)