VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

MAY 17, 2005

The Vanderburgh County Board of Commissioners met in session this 17^th day of May, 2005 at 3:30 p.m. in room 301 of the Civic Center Complex with President Suzanne Crouch presiding.

President Crouch: Good afternoon. Welcome to the Vanderburgh County Commission meeting of May 17^th. We will start our meeting with introductions, and we will start to my far right.

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

Commissioner Musgrave: Commissioner, Cheryl Musgrave.

Commissioner Nix: Commissioner, Bill Nix.

President Crouch: Commissioner, Suzanne Crouch.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Auditor, Bill Fluty.

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

President Crouch: Please join us in the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

President Crouch: First item on our agenda is the approval of prior minutes.

Commissioner Musgrave: So moved.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

President Crouch: Our first action item, we will make a motion to open bids.

Commissioner Musgrave: Move to open the bids of VC05-03-01, Oak Hill-St. George Road, and VC05-05-01, concrete road repair.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered. And the County Attorney will open those bids, we will proceed with our agenda, and he will give his report when it is his opportunity.

President Crouch: Contracts, agreements, and leases, first is ACS, Hewlett-Packard service agreement.

Commissioner Musgrave: Would it be appropriate to make a motion for all five?

President Crouch: That’s fine with me.

Commissioner Musgrave: Alright, I move that we approve all of the contracts as listed on today’s agenda.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

President Crouch: Next item, EVSC request for 25 Votomatic machines.

Commissioner Musgrave: Move approval of the EVSC’s request for the loan of 25 Votomatic machines.

President Crouch: The loan?

Commissioner Musgrave: Are we loaning them?

President Crouch: No, these are the old machines.

Commissioner Musgrave: Oh, the old ones. They may have them.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

President Crouch: Next item, Superintendent of County Buildings.

B.J. Farrell: I would like to ask the Commissioners to approve the date of September the 30^th to advertise that that would be the date that we would have the surplus property sale. That would be held in this room, 301, beginning at 8:00 a.m.

Commissioner Nix: So moved.

Commissioner Musgrave: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

B.J. Farrell: I would like to also ask the Commissioners for permission to set the date for the county surplus sale for June 4^th. That is a Saturday. It would be held at the Old Courthouse. It would begin at 8:00, and end at 1:00.

Commissioner Nix: So moved.

Commissioner Musgrave: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

B.J. Farrell: I would also like to ask that they set the rates for cleaning and controlling weeds. These are properties that are in the county, they have already been through the process with the Building Commission, we have several pieces that are totally, the growth is out of control, and I have submitted those dollar figures to the Commissioners, and I ask their approval.

Commissioner Musgrave: Move approval, and I have a question. These are in the county, we will charge people, after due notification to clean up their properties, if they don’t clean them up first, and then that gets billed back to them on the form of a lien, and then put on their property tax bills?

B.J. Farrell: We would first bill them individually, giving them 30 days to pay.

Commissioner Musgrave: Okay.

B.J. Farrell: If they don’t pay in 30 days, then I’ve asked Mr. Ziemer to instruct the Commissioners on the proper procedure to apply a lien to that property.

Commissioner Musgrave: Okay. I made a motion.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

President Crouch: County Commissioners, jail construction change orders.

Commissioner Nix: Yes, we had met about a month ago out at ARC, excuse me, about two weeks ago out at the site with Mr. Paul Summers, Dave Rector, Sheriff Brad Ellsworth, and Eric Williams, Deputy Chief, and discussed the last set of change orders, and they’re to the amount of about $176,000. Just to give you a little history, we, since the project has started, through change orders through December we were at about $405,000, it included some built-in contingencies for three prime contractors out there. Along with that, there was a change order in August, I believe, of last year for $126,000, and since the first of January to today we’ve approved approximately $71,000 in change orders, this Commission has, which gets us to a total of $602,000. If we were to approve this today, and I’m requesting that we table this, but if we would approve the proposal request today, we would be at a cost of about $778,000 in change orders, which is about two and three quarters percent of the total construction costs. I’ve got some concerns about, I guess, the amount that we’re looking at, plus, I think there’s some things on there that might have been overlooked in the design, and I think we need to address before we approve these. Mr. Summers is here today, maybe we could speak to a few of these issues, and then I would like to ask the Commissioners to table this until we can sit down with maybe Mr. Ziemer, Mr. Summers and his group, and go over these items. So, Mr. Summers, if you have a minute to maybe just address some of these issues.

President Crouch: I was curious what they exactly were?

Commissioner Nix: It was a lot of different things. There was one large item on there that was left off of the drawings. Understandably, this is something that happens in construction projects, but it kind of alarmed us that it’s around $55,000. There are some other things on there that appear to be left off the drawings, and we want to sit down and get this worked out before we either approve or....we want to do the right thing. So, Mr. Summers, you’ve got the floor.

Paul Summers: Do you want me to answer any specific questions? Or just give an overview?

Commissioner Nix: Just an overview right now, yes, would be fine. Then, we might have a few questions after that.

President Crouch: I guess, my first, my major question is how is a $55,000, what is that for? How is that left off a drawing?

Paul Summers: The $55,000 is for the painting of our outdoor recreation yards. It’s a steel framed structure with a fence fabric. I wrote a memo claiming that to deny the, or I denied recommendation of approving it. The design team decided to put it into the change order, put it before the Commissioners. It’s for the painting, we have a general painting spec for ferrous and non-ferrous metals. All items noted and otherwise unnoted are to be painted and finished. It’s a general catch all note. It directs them to where or what the paint specification is. It’s still my intention that it is covered in the drawings.

Commissioner Nix: Okay. There were, and there’s quite a few issues here, I’ve got a pretty lengthy stack, but there were some other items, handrail and such as that, and these are things that we can discuss at a later date, but, you know, the idea that we’re trying to, we need to bring this thing in under budget. I’ve got some serious concerns. We’ve got some contingency money left, but, as you’re aware, and we’ve just got a concern, as Commissioners, that we’ve got a responsibility to the county to make sure that this project comes in under budget and on schedule. I know the weather delays have caused some problems with that, but early on, so. That’s really the key thing behind what we’re trying to do here.

Paul Summers: In reality, the weather delays, while it’s caused the contractor extra money, they have not billed us for those amounts.

Commissioner Nix: Right.

Paul Summers: The built-in contingencies, even with those, and I know you’re including those in the change orders, even with that amount we’re still on budget with the estimate. Right now we’re under one percent construction, for construction change orders, if you do not count the built-in contingencies.

Commissioner Nix: Right.

Paul Summers: In the future some of the, I anticipate that going to two percent for future change orders. There are also some items that the Sheriff’s office is looking at that we went over for security, some extra electronics. It’s not their wish list, but if they could get it, they would like to have it. You’re aware of those.

Commissioner Nix: Those are the things that we spoke about in our meeting about a week and a half or so?

Paul Summers: Correct.

Commissioner Nix: Okay.

Paul Summers: There was also an item, the parking lot for community corrections, because of the construction trailers sitting on site, it was decided with the last administration that that item would be bid out separately towards the end of this project. There was a line item in the budget to pay for it. So, while it will be a change order, it’s already taken care of outside of the contingency.

Commissioner Nix: Okay. One of the things I would say though, I think this $405,000 that was spent over the last, since the start of the construction should be included. I know from an accounting standpoint you’re not looking at it that way, but it is, in fact, change orders, and I know that early on they weren’t called change orders, but if these are things that are over and above the construction costs that the county would have realized otherwise. So, I think when we figure these, when we look at these numbers, we’ve got to make sure that we include those numbers with that. So, that’s where I’m coming up with this, once again, if we were to spend the $176,000, we’re at two and three quarter percent right now. I know that’s, you’re looking at it a little bit different way, but, the bottom line is, it’s money.

Paul Summers: It’s still the county’s money.

Commissioner Nix: Right, it’s the county’s money. That’s correct.

President Crouch: Mr. Summers, and I’m a little, not understanding this, so, help me. The painting, you said for the outdoor–

Paul Summers: Outdoor recreation yard.

President Crouch: Okay, that was left off, and you said that you did a memo saying that you didn’t think that that should be approved?

Paul Summers: I wrote a memo saying that I did not believe that should have been approved. That it is included in with the contract.

Commissioner Musgrave: Approved by whom?

Paul Summers: I’m sorry?

Commissioner Musgrave: You said that you wrote a memo saying that you thought it should not be approved.

Paul Summers: By the Commissioners.

Commissioner Musgrave: By the Commissioners? The Commissioners should not approve this change order?

Paul Summers: That is my intention, yes.

Commissioner Musgrave: Because the, it was in the bid specs and the–

Paul Summers: Yes, it is.

Commissioner Musgrave: Okay, and, so it should be–

Paul Summers: Included in with the cost of the contract.

Commissioner Musgrave: And, we...okay.

Paul Summers: The design team made the decision to put it in with the general change order, with all the other changes, and present it to the Commissioners.

Commissioner Musgrave: What were the elements of that decision?

Paul Summers: The elements?

Commissioner Musgrave: Why did they choose that?

Paul Summers: The contractor feels because it wasn’t specifically called out to paint that structural steel, that it was not included. The painter, in his breakdown, of which they shared with us, did not include that cost in with their bid estimate. So, in reality, they have not been paid for that work, even though they should have been. They should have included it in with their bid.

Commissioner Musgrave: You’re saying that the bid covers that, even if they didn’t line item it out?

Paul Summers: Correct.

Commissioner Musgrave: Okay, because it had that, whether specified or not language?

Paul Summers: Whether specified or not, everything gets a finish. I would never have exposed structural steel that is not painted.

Commissioner Musgrave: So, we should not come up with another, what was it, $55,000?

Commissioner Nix: It was $55,000. There was a couple of different options we were looking at.

Paul Summers: There’s two options. There is one, they actually gave us a second option which was a little under $2,000 more. It’s a much better paint, and it will last ten years. For $2,000 it’s a much better one to accept.

Commissioner Musgrave: Okay, so, and what you want us to do is to table this, so, that you can work with him a little bit further on this.

Commissioner Nix: That’s correct. Yeah, we need to address these issues, and, then, I guess, in our meeting about a week and a half or so back, we looked at maybe doing an audit to see that how much more of this we’ve got coming, to give us some assurance that we’re going to have some money left in the project, that we’re not going to go over budget.

Paul Summers: And, Les Smith, the construction manager and myself, we’re still working on that, and we’ll present a report of every imaginable item that we can think of.

Commissioner Nix: Okay. I mean, it’s real easy right now to say, you know, we’ve got some contingency, but, you know, we’ve still got a little ways to go to finish the project, this is, usually, a lot of times when these kinds of things come up.

President Crouch: Mr. Ziemer?

Ted C. Ziemer, Jr.: I was wondering if you have a list of the items that you’re concerned about? Let’s present that list to you, and why don’t you in writing–

Paul Summers: Respond to that?

Ted C. Ziemer, Jr.: –respond to that, as you have done on the paint issue today. Now, I’m not saying that I actually understand all that. But, I want to understand it, and I think if I see it in writing from you, as to exactly what happened, then we can review his responses to all of these issues, and then we’ll have that information available when we have our meeting, and probably can have a shorter meeting.

Commissioner Nix: I like that.

Paul Summers: If you wish, I could respond to the proposal request, rather than you pick and choose, I can just respond to each one of the proposal requests individually .

Commissioner Nix: And, you’ve got all the current, you can just respond to all the current proposal requests then?

Paul Summers: Yes.

Commissioner Nix: Okay, I think that would probably be just as clean to do that.

Commissioner Musgrave: Okay, would you like to make the motion?

Commissioner Nix: I make a motion that we table this. I guess, that’s–

Commissioner Musgrave: Okay, second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

Paul Summers: Okay, thank you.

President Crouch: Thank you.

Ted C. Ziemer, Jr.: Excuse me. I’m sorry, Madam President, are we, what are going to do about the other?

Commissioner Nix: We’re going to set up a date with Mr. Summers, and I will get back with you on a time on that.

Ted C. Ziemer, Jr.: Okay. We’re not going to present these things to him and get a response in writing?

Commissioner Nix: He has all of this information.

Ted C. Ziemer, Jr.: Okay.

Commissioner Nix: He sent it to us. So, basically, he’s got it all. He’ll come up with explanations for all of these, and then we can sit down.

Ted C. Ziemer, Jr.: Okay, great, thanks.

President Crouch: Next item on our agenda, department heads. Those department heads that have action that needs to come before the Commission would appear at this time. Burdette I do not believe has anything. Engineer?

Patrick Seib: Good afternoon. Patrick Seib, Assistant County Engineer. I would like to take this opportunity to give a brief overview of the upcoming Oak Hill Road-St. George intersection project. To begin, I would like to point out that this project is a conglomerate of three distinct improvements; installing a new stoplight at the intersection, providing distinct turning movements in all directions, replacing a large culvert structure underneath Oak Hill Road, and installing larger capacity storm sewers on Oak Hill, between St. George and Rode. Because these improvements are all located on the same close stretch of Oak Hill Road, it was decided to make these three improvements all part of the same project in order to lessen the impact on traffic. Closing the road once, rather than three times. In order to minimize distractions to traffic as much as possible, the contract was written to allow for Oak Hill Road’s closure only between May 25^th and August 5^th. As an incentive to open Oak Hill back up to traffic as soon as possible, the contract also calls for a financial bonus of $1,000 per day, each day prior to August 5^th that Oak Hill Road is open to traffic. To my knowledge, this is the first time that Vanderburgh County has used bonus pay as an incentive. Also as an incentive to be used, the contract calls for a $1,000 per day penalty for each day that Oak Hill Road might remain closed after August 5^th. In addition to the financial incentive, Vanderburgh County has already placed the order for the large pre-cast concrete box structure, in order to have it ready for the contractor to install as soon as possible. After this contract is awarded, the project schedule will be as follows; May 25^th is the first day that Oak Hill Road will be allowed to be closed. August 5^th is the final day for Oak Hill Road closure, but St. George may remain closed. September 16^th is the day of total project completion. Are there any questions?

Commissioner Musgrave: Will the contractor work six, seven days a week? Do you know yet?

Patrick Seib: As far as I know, they’ll only be working Monday through Friday. Whether or not we’ll allow them to work weekends, I do not know yet at this point. That’s something that can be worked out with the contractor, as soon as it’s awarded.

Commissioner Musgrave: The time of day that they’re allowed to work? Or encouraged to work?

Patrick Seib: We’ll only be allowing them to work through the daylight hours, so that there is no work going on at night to disrupt the residents.

Commissioner Musgrave: It appears that the department has put a great deal of thought into this project.

Patrick Seib: Yes, this project’s been a long time coming.

Commissioner Musgrave: Appreciate that.

President Crouch: And, it’s my understanding that this is the, kind of the information regarding the road project is posted on the County Engineer’s website, and is linked, or will be linked to the County Commissioner’s website, is that correct?

Patrick Seib: Yes.

President Crouch: And that address is?

Patrick Seib: You can access it through www.vanderburghgov.org, and you can follow the links on there to the County Engineering Department, and we have this set up as a link on our main page.

Commissioner Musgrave: What is your main page address?

Patrick Seib: It’s–

President Crouch: It’s probably slash org, slash engineer.

Commissioner Nix: And there will be signage put out prior to the start of construction?

Patrick Seib: Yes.

Commissioner Nix: I think the County Highway Department is going to do that, just some preliminary signage.

Patrick Seib: I believe all the maintenance and traffic signs are part of the contract itself.

President Crouch: Thank you, Mr. Seib.

Patrick Seib: Thank you.

President Crouch: Do you have any other business?

Patrick Seib: Not at this time.

President Crouch: Alright.

President Crouch: County Highway.

Mike Duckworth: Good afternoon, President Crouch, members of the Commission. Mike Duckworth, County Highway. I have a couple of items to go over with you. First of all, I had a question regarding the city lots, just for clarification purposes. I understand that once these weeds get to a certain degree, and after they’ve been notified by the County Attorney, that our department is going to be asked to go out and clear these areas. The money that’s assessed to them, will that come back into County Highway funds? Because we’re going to be expending our manpower and our equipment and those things.

President Crouch: That would be correct.

Mike Duckworth: Okay. Thank you. The second thing has to do with the fact that we are in the weed mowing season, we have two new mowers that were purchased last year. Within the last week both of those have gone down. They are both still under warranty. We had one repaired, so, we’ve got one new mower that’s currently in operation, one has major transmission problems and that’s at the shop. Our third and back up mower is a 1983 model that’s pretty well on it’s last legs. So, with that explanation, I am requesting at this time to utilize some of our street and road money to look into the purchase of a third mower. I’m asking at this time, I don’t anticipate that the cost of this would exceed $75,000. According to our policy I’m asking, making the request at this time to check on some prices on those items, and then get back with you.

President Crouch: Would that be new or a used mower?

Mike Duckworth: It would be used.

Commissioner Nix: Will you look at prices on new also, just to compare?

Mike Duckworth: I will. I have done some preliminary looking, and it appears that the size of the tractor and the mower deck that we’re looking at are going to cause us, because of our budgetary concerns and trying to keep the costs down, and the fact that it is our third piece of equipment, it would probably be more advantageous to utilize a good, used piece of equipment. But, I will look at both areas of it in that regard.

Commissioner Musgrave: Move approval to check prices on new and used.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

Mike Duckworth: The last thing, I would notify you that last week I did receive a $62,000 check that was made out to the Auditor of Vanderburgh County in regards to our declaration of emergency on our snow removal. So, we’ve received that and I’ve forwarded that to the County Commissioners office and on to the Auditor’s office to be placed back in our accounts for whatever the Commissioners deem that we utilize that for. I’ll have to look into what the requirements are for that. I’ll let you know that information. In regards to that, we had also submitted in excess of $190,000 in a request to FEMA for the flood damage in the lower lying areas of Old Henderson Road and Union Township during the previous flooding that we had. Sherman Greer contacted me last week, and basically told me that at this point in time that reimbursement had been denied by the state, there is an appellate process. One of the reasons that I want to move forward with an appeal in this regard is they’ve allowed, in previous times, some of the Levee Authorities requests, and in this process now they’re not allowing that. So, I would like to at least get with Sherman and go through the process of making that appeal. It could mean in excess of $400,000 in to the county coffers. So, I would make that request at this time.

Commissioner Musgrave: Move approval to pursue the appellate process for the flooding reimbursement.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

Mike Duckworth: I would just update you just briefly to finalize that our paving is going very well. We have received and are utilizing our new roller, and it’s, if you’ve been out on Harmony Way or Adler Road, or now Number Three School Road, or Baseline Road, those are areas that we already have completed. So, it’s in the process and working well.

President Crouch: We did get a compliment that the job out on Harmony Way is one of the best paving jobs that they’ve seen. So, congratulations.

Mike Duckworth: It’s always good to get those comments.

President Crouch: Yes. Thank you.

Mike Duckworth: Thank you.

Commissioner Nix: Thanks.

President Crouch: Next item on our agenda, Superintendent of County Buildings.

B.J. Farrell: I do have some items to bring to the Commissioners today. I wanted to remind everyone that the city-county health fair is tomorrow at the Centre from nine to two. Any employee that participates in six screenings may have their name put in a drawing. Some of the prizes are wonderful this year, we have pedometers, walking radios, recipe books, and we have five one hundred dollar gifts. It is a cash gift, and those were given to us by our insurance carrier, Torian Hofmann and Dillow. I would also like to bring to the Commissioners, Burdette, we have picked up some items from the facility out there that we are going to ask be declared surplus. We may put them in the county surplus sale. I would like to give that to Madelyn Grayson. We have one late travel request from the Health Department. Due to the timing we ask that it be approved today so they can travel the next two days. I would like to give that to the board for approval. The other item that I would like to mention is I did speak with Bev Behme from Area Plan, there are no county rezonings today. So, we will not have to have a rezoning meeting immediately following this meeting. So, I wanted to make everyone aware that we don’t have anything on that agenda today. That is all I have. Thank you.

President Crouch: Questions?

Ted C. Ziemer, Jr.: Madam President, a comment. I did suggest to Madelyn that if this meeting finishes before 5:00, which it looks like it will, that someone from staff be here at 5:00 in case some person does appear for that meeting, to simply tell them that there is no meeting.

President Crouch: Thank you.

President Crouch: And now the bid openings.

Ted C. Ziemer, Jr.: For the Oak Hill-St. George Road, Deig Brothers Construction, $1,032,196.46. That’s $1,032,196.46. J.H. Rudolph and Company, $734,717.80. JBI Construction Company, $809,144.50.

Commissioner Nix: Mr. Ziemer, could you repeat that?

Ted C. Ziemer, Jr.: $809,144.50.

Ted C. Ziemer, Jr.: For the concrete repair of various roads, Deig Brothers Construction, $409,959.80. J.H. Rudolph, $314,694.80. JBI Construction Company, $274,454.80.

Commissioner Musgrave: Move to take the bids under advisement.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

Commissioner Crouch: Second. And, I believe we have a special meeting tomorrow at noon, simply to award the bid on the Oak Hill-St. George Road improvements only.

Commissioner Musgrave: And that meeting will not unfortunately be able to be on television, because this room, where the cameras are located was not available, and we’ll be meeting in our former location, 301?

B.J. Farrell: 307.

Commissioner Musgrave: 307.

President Crouch: Thank you.

President Crouch: Do you have any other business, Mr. Ziemer?

Ted C. Ziemer, Jr.: I do, Madam President. We have a, we are proposing a settlement in the case of Vanderburgh County versus the Deerfield Homeowners Association for an amount in the sum of $39,500. The court appointed appraisers award was $45,900. So, if the Commissioners accept this settlement proposal, $39,500 will go to the homeowners association, and $6,400 will be returned to the county. I’ll remind the Commissioners that originally the landowners were seeking $230,000 for this. I have a settlement agreement, which if you decide to accept this is to be signed by the Commissioners at this meeting.

President Crouch: Motion?

Commissioner Nix: I move we approve that.

Commissioner Musgrave: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

Ted C. Ziemer, Jr.: Then I have delivered to Madelyn Grayson of the Auditor’s Department two copies of a lease to be entered into between Vanderburgh County Commissioners on behalf of Burdette Park in the youth River City Baseball. This is for their use of the ball diamonds out there in arranging for, paying all the expenses in connection with youth baseball on the facilities at Burdette Park. We believe this agreement is satisfactory for execution, and Madelyn has the two copies of that proposed lease.

President Crouch: Is that a lease that we normally approve annually?

Ted C. Ziemer, Jr.: This was done last year and the year before.

President Crouch: Okay.

Ted C. Ziemer, Jr.: There’s some differences in this, mainly in providing that the River City Baseball will assume more responsibility for the upkeep and maintenance of the ball diamonds than they have in the past. Also, that they will pay any real estate taxes, should any real estate taxes ever be assessed against this property.

President Crouch: Do we have a motion?

Commissioner Musgrave: Move approval.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

Ted C. Ziemer, Jr.: I have here a grant from the Indiana Department of Corrections to the Vanderburgh County Sheriff’s office for $978,513 for the community corrections program. We find this agreement satisfactory for execution from a legal perspective.

Commissioner Musgrave: Move approval.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

Ted C. Ziemer, Jr.: Finally, I have a Federal Equitable Sharing Agreement with the Sheriff of Vanderburgh County, which is almost identical, except for the agencies involved, as the one you approved under action items for the Prosecutor. We find it satisfactory for execution.

Commissioner Musgrave: Move approval.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

Ted C. Ziemer, Jr.: That’s all we have.

President Crouch: New business? Do we have coffee with the Commissioners?

Commissioner Musgrave: I’m sorry, coffee with the Commissioners, our second meeting will be held this Thursday, 8:00 to 9:00 a.m., hosted by the Convention and Visitors Bureau at the Pagoda. All of our appointed officials, that this body appoints, and the county elected officials and our legislators have been invited to come to this informal atmosphere, and to discuss whatever they care to discuss with one another. But, we’ve also asked this time that they bring any legislative concerns, laws that need to be changed for the benefit of the citizenry or the departments to make things better, smoother, cheaper. So, we hope to accumulate some of those items, and perhaps discuss in future meetings or take them on as marching orders.

President Crouch: Thank you. Any other new business? There is one item, I don’t know if it really falls under new or old business, but back in 2003 the County Commission did approve a drug free/alcohol free workplace. One of the conditions of that was pre-employment testing for new hirees, drug testing. It was based upon, or contingent upon budgetary funding. We currently have no funding for that, but if it pleases the Commission, I would ask that we go to Council and seek an additional appropriation for funding for our new hirees for that.

Commissioner Musgrave: How much are we going to ask for?

President Crouch: I recall that when this was first discussed, and we would have to go back and review, I believe that it was figured that about $15,000 would be adequate for the time period that we’re looking at.

Commissioner Musgrave: It’s about $75 per–

President Crouch: I think it’s a little bit less than that, about $40 is what I had heard.

Commissioner Nix: It’s $40 to $45 per test.

Commissioner Musgrave: Okay, does the ordinance allow us to test only new hires?

President Crouch: It is only new hirees, and then probably cause.

Commissioner Musgrave: Okay.

President Crouch: And I would like to ask that the County Attorney look at that and see if we need to address it for random drug testing. We do have random drug testing with the Sheriff’s Department and with the County Highway. It may be that we perhaps need to look at expanding that to all county employees.

Commissioner Musgrave: I make a motion that we have the County Attorney bring to us a revised ordinance for random drug testing of current employees as well as the pre-employment testing, and to file the appropriation for $20,000?

Commissioner Nix: $15,000.

Commissioner Musgrave: $15,000, in order to fund this.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

Commissioner Musgrave: Will you be taking this matter to Council?

President Crouch: Certainly.

Commissioner Musgrave: Okay.

President Crouch: Mr. Ziemer, we would, you would look at perhaps providing language to amend this, if that is possible? The current ordinance.

Ted C. Ziemer, Jr.: Certainly.

President Crouch: Okay, thank you.

President Crouch: Old business?

Commissioner Nix: Yes, I have something here. The community corrections, I sit on the board for Vanderburgh County community corrections, and in light of the tragic events, which occurred, and I apologize I don’t have the date here in front of me, about a month ago where four individuals lost their lives, we as the community corrections board have formed a sub-committee to evaluate, I guess, we want to look at this whole process that occurred and everything that’s happened. We will gather information and report back to the full board, or full community corrections with recommendations. They will approve or disapprove the recommendations that we make, and then at that time I will report back to the Commissioners.

Commissioner Musgrave: Okay.

President Crouch: Thank you. Any other old business. Seeing none.

President Crouch: Public comment. This is an opportunity for members of the public to comment to the County Commission about items that fall within the County Commission’s jurisdiction. Seeing no one.

President Crouch: Consent items. If we could do a motion for all the consent items, and amend the consent items to add the late Health Department travel request.

Commissioner Musgrave: So amended. I move to approve the consent items.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered.

Commissioner Musgrave: Move to adjourn.

Commissioner Nix: Second.

President Crouch: All in favor?

All Commissioners: Aye.

President Crouch: So ordered. Thank you.

(The meeting was adjourned at 4:04 p.m.)

CONSENT ITEMS:

         Employment Changes:

         Area Plan (1)                 Coroner (1)                     Burdette Park (3)

         Health Department (1)    Co-Op Extension (1)       County Clerk (2)

         Auditor (1)                       Sheriff Department (1)    Jail (3)

         Public Defender (1)        VCCC (3)

         Travel Requests:

         Commissioners (1)         County Engineer (1)       Health Department (1)

         Weights & Measures (1)

         Auditor:

         Satisfaction of Barrett Law Assessment: Tax Code 02-150-02-432-010

         Approval of Covered Bridge Certification

         Building Authority: Letter Concerning Work Station Donations.

         Burdette Park: Day Camp Shows: Contracts & Blue Claims (3)

         County Assessor: Burdette Swim and Golf Passes.

         County Clerk: Monthly Report for March 2005.

         Commissioners:

         Jail Construction Payment #58: $62,946.46

         Community Corrections Payment Requisition #9: $143,947

         Council Call: Unemployment: $30,000

         IBAP Gatekeeper: Report of Program Specifics: 1997 to Present.

         Legal Aid Society: March 2005 Report.

         Purchasing: January and February Monthly Reports.

         Treasurer: YTD Investment Reports.

         Sheriff:

         Community Corrections Grant.

         Weekly Jail and Community Corrections Reports.

         Superintendent of County Buildings:

         New Travel Request Form.

         Removal of Fixed Assets Letter.

         Vision-e: Monthly Report for April 2005.

         Department Head Reports:

         Burdette Park                 County Highway             County Engineer

         Ozone Officer                 SWCD                            Veterans Service

         CIO

         Those in Attendance:

         Suzanne Crouch             Cheryl Musgrave            Bill Nix

         Bill Fluty                          Ted C. Ziemer, Jr.          B.J. Farrell

         Madelyn Grayson           Paul Summers                Patrick Seib

         Mike Duckworth              Others Unidentified         Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Suzanne M. Crouch, President

Cheryl A.W. Musgrave, Vice President

Bill Nix, Member

Recorded and transcribed by Madelyn Grayson.