VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

MAY 15, 2007

The Vanderburgh County Board of Commissioners met in session this 15^th day of May, 2007 at 3:30 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: Good afternoon. I would like to call to order the May 15, 2007 meeting of the Board of Commissioners. We will start with introductions on my right.

Marissa Nichoalds: Marissa Nichoalds, Superintendent of County Buildings.

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

Commissioner Nix: Bill Nix, County Commissioner.

President Musgrave: Cheryl Musgrave, Commissioner.

Commissioner Tornatta: Troy Tornatta, County Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

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

(The Pledge of Allegiance was given.)

President Musgrave: Is there a motion to open the bids, VC-53-2007, Veteran’s Memorial Coliseum roof repair, and VC07-05-02, concrete repair of various roads?

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We will begin with the Legal Aid Society update. I’m pleased to welcome Mr. David Guerrettaz.

David Guerrettaz: Thank you. May it please the Commission....David Guerrettaz, as you know, is my name. I stand before you as the president of the board of directors for Legal Aid Society of Evansville. Fortunately, with me here this afternoon are some representatives of our board, as well as our staff. Immediately behind me I have one of our staff attorneys, Garvin Senn, and one of our senior legal assistants, Karen Paulin, and then to her right a couple of our board members, specifically, Amy Back and Sheila, I’m sorry, not Sheila, Angela Freel, and then behind her, David Kent. We are pleased to be here before the Commission, we thank you for this invitation, just to briefly explain for you what we’ve been up to lately and where we are headed. I am proud to be leading Legal Aid’s board in their 49^th, going on 50^th year. We’ll be celebrating our 50 years as a legal services organization for the underprivileged in our society for 50 years next year. Legal Aid is a successful example of the great collaboration between government and the private sector in providing legal services here in our community for those underprivileged. As many of you may know, Legal Aid is supported by both city and county, as well as United Way. We are proud of that, and we believe that that collaboration will continue for the next 50. It’s been a successful organization, and I want to share some of that success with you. Incidentally, normally for a nice events like this we would have our Executive Director here with us, Susie Hartig, who has been the Executive Director for several years. How many, Karen?

Karen Paulin: Twenty.

David Guerrettaz: Twenty. Twenty years she’s been our Executive Director. She is in Indianapolis today with the Indiana Pro Bono Commission to which our own Chief Justice, Randall Shepherd, has appointed her to. So, she’s taking on that duty today. Legal Aid represents Vanderburgh County residents living in poverty, of course, with civil legal needs. We don’t handle criminal matters for indigent individuals. We handle civil, their civil needs. Over 11 percent of our local population, unfortunately, continues to live in poverty. It’s our job to assist those individuals when legal issues are confronted. We have three attorneys and three legal secretaries who, and historically, since 2001, have worked in excess of 800 cases per year. So, divide that between three staff attorneys, we keep them pretty busy. In 2006, last year, Legal Aid provided the amount of legal services of $1,360,310 when you compare the value of their legal services to members of the private sector who provide legal services. We operate on a budget of less than $370,000. Our board consists of 12 members, some of whom you see here before you, six attorneys from the Evansville Bar Association, and six appointees from city and county government. Of course, we have two appointments from your organization, from the Commission. Despite employing less than one percent of the county’s attorneys, we completed last year ten percent of the divorces in the county, four percent of the adoptions, 22 percent of the guardianships, all of which was done in 2006. This has been a joy for me to be a part of, and I can assure the Commission that the clients who’s cases we handle have been most appreciative and have been quite, in most cases, I would submit to you, have been quite victorious in having their claims resolved in court. We expect to continue this effort going into next year, and, of course, the next 50 as well, if not longer. We are very proud to be in front of you. If there’s any questions about Legal Aid and what we do, we’ll be happy to field those. Otherwise, we thank you for this time to present to you. Thank you.

President Musgrave: Commissioners, are there any questions? Alright, thank you for coming.

David Guerrettaz: Thank you all.

President Musgrave: We look forward to seeing you again next year. This is part of our continuing program of having the boards to which the Commissioners appoint members come and give us an annual update. So, thank you for coming. We appreciate the time that you have devoted today and business throughout the year.

David Guerrettaz: Thank you.

President Musgrave: Thank you.

President Musgrave: I asked Mr. Mark Acker to make a short, a few short remarks today as we’re opening bids, just to highlight the Veteran’s Memorial Coliseum roof repair that we hope will occur. So, Mr. Acker?

Mark Acker: Thank you. I’m Mark Acker, County Service Officer of Vanderburgh County. I kind of take the position on the Veteran’s Memorial Coliseum as part of one of the board members at the council. The importance of the Veteran’s Memorial Coliseum tells it’s own story, built in 1916 in honor of the Civil War veterans, ultimately, excuse me, the Civil War veterans, and then certainly World War I veterans then were incorporated into it, because it was built in 1916. The building was occupied as a major metropolitan development when it was constructed at $850,000 construction fee. In 1916 that was quite a bit of money. It does house a 1,500 rank pipe organ that the children of this community put their milk money together to buy, because it was built for a particular building and it could not go into it because it was too large. So, it wound up in Evansville, Indiana. It’s part of the history of the Coliseum. It has been operated by the Veterans Council, under a lease agreement, since 1971, April 8^th. For 37 years they have been the caretakers of this war memorial. With the help of the CGB funds the building has all brand new windows in it, at a cost of excess of $650,000. $650,000 to be exact, that was given through those funds. The integrity of the building now is, with the roof, and the County Commissioners have been gracious through these years to replace the roof, or repair the roof once before, approximately 15 years ago, and then acquired a new boiler for the building. We hope today with the success and understanding the community that the new roof will strengthen the integrity of the building and have it standing for another 100 years so this community can be proud of it’s heritage. Thank you.

President Musgrave: Thank you, Mr. Acker.

President Musgrave: We now move to awarding bids for the Burdette Park food and APA-022-2007 for computer and copy paper. I welcome Debbie Spalding from the Purchasing Department.

Debbie Spalding: Good afternoon. We are ready today to award the Burdette Park food bid. In front of you you have a bid tabulation of the bids that were opened at the last meeting. There were four bidders, and we are recommending that each of those four bidders receive a portion of the bid. Not all bidders were capable of bidding on everything. You’ll see on the first page of your bid tabulation, the items that are highlighted are the ones that we are recommending award for. The first three items, the hamburger, hot dog buns, basically, Burdette Park does not have the facilities available to store frozen food, as CRS bid, even though that was the lower bid. We would be recommending that we go with Earthgrains for that. CRS you will see, on all of these, were awarded the biggest portion of the bid items. They bid on the most items, and in many cases they were the only bidder on a certain item. Weber Foods, we are recommending be awarded the nacho chips. That brand, Funacho, which they have looked at several times, other alternatives, and they would prefer that that brand be awarded. Then, Fischer, basically, is the only person that provided a bid for the candy and some other items. So, we would recommend that you would award to these four different vendors; CRS One Source, Earthgrains, Weber Foods, and Fischer.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

Debbie Spalding: The second reason I’m here is to award the computer and copy paper for the year. This is an annual price agreement of the city and the county. We advertised in the paper on February 21^st and 28^th this bid. There were six companies that the bid was sent to. Two companies responded to that request. The winner, based upon price, the low bidder we would recommend that you award that to Resource Services.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

Debbie Spalding: Thank you.

President Musgrave: We move now to revised Board of Health fee ordinance. Does the Health Department wish to make any comment? No?

Gary Heck: Not on that. I do have one thing I would like to share with you.

President Musgrave: Alright, let us. Is this a first reading of the Health Department fee ordinance? Or is it a second reading?

Ted C. Ziemer, Jr.: It’s a vote to, you may, if you wish, vote to waive second reading, and then vote unanimously to adopt this on first reading. Two separate votes, each with a roll call.

President Musgrave: Alright, is there a motion?

Commissioner Tornatta: I make a motion to waive the second reading. First and second reading?

President Musgrave: Second reading.

Commissioner Nix: Second? I think second is correct.

Commissioner Tornatta: Second? Okay.

President Musgrave: We are waiving the second reading. Okay?

Commissioner Nix: Okay. Second.

Commissioner Tornatta: Okay, waiving the second reading, I make that in the form of a motion.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Musgrave: And, I vote yes. Is there another motion?

Commissioner Tornatta: I make a motion to–

Ted C. Ziemer, Jr.: Adopt on first reading.

Commissioner Tornatta: –adopt on first reading.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Do you want to vote? Oh, you can’t vote.

Commissioner Nix: I don’t have a light.

President Musgrave: You need to turn yours off. Alright, I believe that was unanimous. Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Musgrave: And I vote yes. Show the revised Board of Health fee ordinance as adopted.

President Musgrave: Mr. Heck, I believe you have something else that you would like to discuss.

Gary Heck: Thank you. Gary Heck, Health Department. I just wanted to remind everyone that tomorrow is the city and county employee health and fitness fair. It will be at the Centre from 9:00 to 2:00. We’ll have various screenings. This year the cholesterol screening is free of charge. You do need to fast for at least 12 hours before having that done for the best results. But, in addition to that, there will be blood pressure screenings, back care, breast cancer information, free neck, shoulder and foot massages, cancer information, vision screening, mental health information, health risk appraisals, nutrition information, and carbon monoxide testing for any smokers so they can understand all of those extra risks as well. If they participate in at least six activities, they will have their name put in for a drawing for door prizes. I also understand, just so you’ll know, that the State Health Commissioner will be in town tomorrow for presentations elsewhere, but intends to visit the health fair.

President Musgrave: Oh, wonderful.

Gary Heck: So, just so you’ll know, we’re having a visit from a special guest.

President Musgrave: So, this is for employees of the city and county only?

Gary Heck: That’s correct.

President Musgrave: Okay, so, we expect to see everyone there.

Gary Heck: Well, we hope to. They can arrange their schedules, and they usually plan for this every year. They’ve already gotten announcements, but we thought we’d better give another reminder. Thank you.

President Musgrave: Alright, thank you.

President Musgrave: Contracts, agreements and leases, Superior Court, agreement for professional services. This is an agreement to provide services, it’s been reviewed. Is there a motion?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Before we go ahead and move to the right-of-way acquisition, do you want to go ahead and read the bids off for the two bids that we took?

Ted C. Ziemer, Jr.: Yes. For new roofing for the Coliseum, Lehman Roofing Company, $289,348; Industrial Contractors, $279,500; Midwest Roofing, $325,000. Then, for concrete repair for various roads, J.H. Rudolph, $511,130; JBI Construction, $421,325; and Rivertown Construction, $505,440.

Commissioner Nix: I move we take the bids under advisement.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We move then to the right-of-way acquisition agreement, Bergdolt Road. Does the County Engineer have remarks to make on this? Is there a motion to accept?

Ted C. Ziemer, Jr.: Excuse me. John, did you bring the agreement with you?

John Stoll: Yes.

Ted C. Ziemer, Jr.: Okay, yeah, Madelyn was just saying she didn’t have it. On the chance that it gets approved.

President Musgrave: It might. Is there a motion to approve the agreement?

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Purchasing has the SBM service agreement for the mail machine. It has been reviewed. Is there a motion to accept?

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We move now to the Windemere Farms Homeowners Association request to close the road for the neighborhood picnic. I understand that the certificate of liability is in transit, has not arrived.

Commissioner Nix: Do we have a date on this? Is there anyone here to speak to that?

President Musgrave: Does anyone know the date of this?

Madelyn Grayson: Here’s the letter.

Commissioner Nix: I would like to make a request that we table this until–

Ted C. Ziemer, Jr.: Steve Craig was here. Did he leave?

Commissioner Tornatta: July 6^th until noon on Sunday, July 8^th.

Commissioner Nix: I would like to see someone from this group to show up for a meeting and ask some questions. I think it would be appropriate that we do that.

Commissioner Tornatta: I’ll second your motion to table.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Marissa, if you could contact them please and let them know that we would like to see them at the next meeting of their convenience.

President Musgrave: We also have a request from Bob’s Gym, for the, I believe, the second year to close their road for a race. We have the liability certificate in hand for that one. Is there a motion?

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

Commissioner Nix: Just for the record, so, we’ve seen this last year and it worked out okay. I just think that if we’re going to do these on a year-to-year basis, we need to at least have the people come in and explain what they’re doing–

President Musgrave: Okay.

Commissioner Nix: –and the reason for it. Thank you.

President Musgrave: Alright, department head reports. The County Engineer has an extensive list of reports. Mr. John Stoll?

John Stoll: The first item that I have is to request your approval to increase the offer on the Hutchinson right-of-way parcel on the Green River-Millersburg project by $1,121. This would be to cover a fence relocation cost. The original appraisal just had an estimate, while the property owner provided an actual contractor’s estimate. So, I would request your approval. That should close out and secure that parcel.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: Next, I would like your approval to go ahead and make an offer on parcel 14 on the Green River-Millersburg project. This is owned by Purdue, and the amount, based on the appraisal, is $13,400.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: The next right-of-way offer is on the Green River Road project. This is for parcel two owned by Floyd Staub Incorporated, and the amount is $23,900.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: Next, I would like to request approval to go to County Council to transfer $3,500 from our Koressel Road Bridge account to our Cumulative Bridge Legal accounts. The Koressel Road project is finished, so we won’t need any additional funds in that account.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: Then, next, I have a change order on the Schmuck Road culvert replacement project. This is for an increase of $7,861.61. The primary reason for the increase was due to poor soil conditions, the project limits were expanded, which in turn increased the asphalt and stone quantities.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: The last item is a supplemental agreement with Clark Dietz for the Green River-Millersburg project. This is for an increase of $24,300. This agreement was originally approved by you back in January for me to send to INDOT for their review and final approval. INDOT has now given it’s final approval to the contract, so, it’s ready for your signatures. Basically, this contract will have the plans redesigned to properly match up with the Bernardin Lochmueller segment of Green River between Heckel and Millersburg.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

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

President Musgrave: I don’t have any questions.

John Stoll: Okay, thanks.

President Musgrave: Are there any other department heads who have any reports? Mr. Ziemer, do you have anything?

Ted C. Ziemer, Jr.: No, Ma’am, I do not.

President Musgrave: Alright, we move now to new business. Is there any new business?

President Musgrave: Any old business?

Commissioner Tornatta: I do have a question real quick. John, if you could oblige? I’ve had several calls on the Bergdolt Road project. Could you just give a brief idea of some of the things that are going on, and potentially what we’re looking at with that project versus the Green River Road project, the timing and what have you?

John Stoll: Right now, since the right-of-way contract got approved today, the right-of-way purchasing will start here soon. As soon as the appraisal work is finished we’ll get the offers out to all of the affected owners. I believe there were only nine or ten parcels we have to acquire from out there on that project. So, hopefully, it will go reasonably quick. In the event we can’t make it happen to where the project gets out for bid and gets finished prior to Green River, what we were looking at was putting up a temporary traffic signal. We should know, once the right-of-way starts how well that will work, as far as getting the true project done, versus having to go with potentially a temporary traffic signal. But, the intent is to get a traffic signal up, in some manner before Green River starts.

Commissioner Tornatta: So, would we install that traffic signal as it would be once the development is done? Once the project is done? Or, will they have to be reconstituted in some way, shape or form?

John Stoll: Ideally, we’ll put it in and it could stay. Like we get the new foundations and the new poles in for the signal, and that would be part of the widening project. INDOT has given a tentative okay on that. I just got an e-mail from them in the last couple of days that said, they said that sounded workable. I still don’t have all the details on how to make that happen. If that doesn’t happen, then we would have to go with all temporary, which would come back out again. We don’t want to go that route. Ideally, anything we do now would count towards the local match on the federal aid project. So, a couple of different options there. It’s, probably the biggest obstacle we’ll have in regard to all of it would be the utilities that are on the west side of the road. There’s quite a number of overhead utilities to deal with there, and how well we can get signal poles, whether permanent or temporary, will be the big issue. But, that’s all being looked at, and we’ll have a game plan on that here–

Commissioner Tornatta: As a normal process, how long do you think this will take from start to finish? Then, when will the Green River Road process start, in your opinion?

John Stoll: Right now, on Green River things still look like it would be on target for putting it out for bid next January. We haven’t hit any roadblocks on that, as of yet. It will still hinge on right-of-way acquisition more than anything else. But, things are progressing with the environmental side of it, the mitigation sites, and things like that. So, assuming right-of-way goes as planned, January still looks to be a good bidding date. As far as Oak Hill and Bergdolt, the right-of-way, if it was secured quickly, given the fact there’s only a few parcels, we might be able to get that done, but, I would say that’s unlikely, which would then go towards the temporary signal, as opposed to the permanent project. We should have a handle on that here over the next couple of months once the appraisals are done and the offers are made. If we have to go with a temporary signal, I would say by July we would have to get a design started so that we could get it installed sometime by the end of this year.

Commissioner Tornatta: Okay, thank you.

John Stoll: You’re welcome.

President Musgrave: Old business, Commissioner Nix?

Commissioner Nix: I guess, there’s been, seeing the media here today, I guess, they’re wondering about the animal ordinance. There will be a meeting on the 24^th with the sub-committee to address, and we’ve received two more e-mails here. Just to kind of bring you up to date, there has really been nothing decided at this point. We’re still looking at some different options. I do not, I don’t sit on the committee, I’m trying to think who’s–

President Musgrave: The Sheriff and our attorney.

Commissioner Nix: And our attorney?

President Musgrave: Ted Ziemer, and a group of interested citizens, but anyone who is interested in assisting the Sheriff in his efforts, I’m certain that he would welcome your calls. So, please go ahead and reach him if you so desire.

Commissioner Nix: If you would like to e-mail, our e-mail address is?

President Musgrave: Commissioners@vanderburghgov.org.

Commissioner Nix: Please, if you’ve got any input, we would appreciate it before the 24^th. I think, the plan is to try to get something nailed down on the 24^th to bring back for a second and final reading some time after the 24^th of May. So, that’s it.

President Musgrave: Even the passage of an ordinance though, I caution folks, will not cause dogs to cease barking. I wish it would. It will cause the ability to call the Sheriff to visit the barking dogs owner, I suppose. But, there will still be activity that you could take on your own, you can consult your own private attorney, and perhaps review your civil litigation options. You can talk to your neighbor. I encourage you to do the talking to the neighbor part first. I wish that the dogs would stop barking as result of a passage of a law, but we will definitely be working toward the day when the ordinance is ready to be voted on. Is there any other old business?

President Musgrave: Is there any public comment?

President Musgrave: We have several items on the consent agenda. Is there a motion to approve?

Commissioner Tornatta: Motion to approve the consent items.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Is there a motion to adjourn?

Commissioner Tornatta: So moved.

Commissioner Nix: Don’t we have rezoning?

President Musgrave: We adjourn this and then we do the rezoning.

Commissioner Nix: Okay.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

(The meeting was adjourned at 3:58 p.m.)

CONSENT ITEMS:

Employment Changes:

County Highway (1)                  VCCC (2)                                  Sheriff Office (4)

Burdette Park (11)                    Public Defender (3)                  Scott Assessor (1)

Health Department (1)

Travel Requests:

Health Department (7)              County Assessor (1)                 Legal Aid (1)

Veterans Services (2)               County Engineer (1)                 Treasurer (3)

Commissioners:

Approval of May 1, 2007 County Commission Meeting Minutes.

Approval of Settlement Proposed by the Property Owner in Joyce Waters v. Vanderburgh County, Cause No. 87D02-0304-PL-128

Bernardin Lochmueller: University Parkway: Phases II & III May 2007 Project Update

Support Letter for CAPE Pursuit of USDA Grant for Low Income Housing

Bldg. Comm.: Letter IN Dept. Of Homeland Security: Mobile/Manufactured Homes

EPD: Waiver of Fees/Not OT: Centre: May 11-12, 2007

Indiana Business Diversity Council: Waiver of Fees/Not OT: Centre

Building Authority: Revised Pay Req. No. 85: Jail Project: $82,682.70

Letters Regarding Animal Control Ordinance.(3)

Letter to Jack Rogers: Relocation of Cross Pointe Boulevard.

Department Head Meeting Minutes: May 1, 2007.

County Highway: Council Call Request.

Auditor: A/P Vouchers: May 2007.

Treasurer: Year-to-Date Investments.

County Engineer: Pay Req. No. 25: Burkhardt-Green River TIF Projects.

Superior Court: Surplus Request: 40 Phones.

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer                           Veterans Services

Those in Attendance:

Cheryl Musgrave                      Bill Nix                                      Troy Tornatta

Bill Fluty                                    Ted C. Ziemer, Jr.          Marissa Nichoalds

Madelyn Grayson                     David Guerrettaz                      Karen Paulin

Mark Acker                               Debbie Spalding                       Gary Heck

John Stoll                                  Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Cheryl A.W. Musgrave, President

Bill Nix, Vice President

Troy Tornatta, Member

(Recorded and transcribed by Madelyn Grayson.)