VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

MAY 20, 2008

The Vanderburgh County Board of Commissioners met in session this 20^th day of May, 2008 at 5:00 p.m. in room 301 of the Civic Center Complex with President Jeff Korb presiding.

President Korb: Good afternoon, everybody. I would like to call to order the May 20, 2008 Board of Commissioners of Vanderburgh County meeting to order. Introductions, please, to my right to left. Marissa?

Marissa Nichoalds: Marissa Nichoalds, Superintendent of County Buildings.

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

Commissioner Nix: Bill Nix, County Commissioner.

President Korb: Jeffrey Korb, County Commissioner.

Commissioner Tornatta: Troy Tornatta, County Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary. For the record, Auditor Bill Fluty and Joe Gries are in Indianapolis at state called meeting, so they will not be here today.

President Korb: Great. Thank you. Join with me please in the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

President Korb: We’re going to go out of sequence here for just a bit, because I made a promise that we would get individuals in and out of here. As a County Commissioner, as a group of County Commissioners, we get to do a lot of really cool things, but tonight is really special, and I’m going to put a good friend of mine and a great friend of our community’s on the spot. If I could ask Dr. Robert Yeager to please come forward. If you would, Dr. Yeager, please give us your name for the record. This is for posterity, so don’t screw it up.

Robert Yeager: I’ve stood here before (Inaudible. Microphone not on.)

President Korb: You’re not sweating. It’s really great, because I, just for the record, I called today and left him a....”Hey, Bob, this is Commissioner Korb calling. We would like for you to show up at the Commission meeting, we’ve got a School Corporation question.” So, I saw him at the Rotary luncheon today, and I said, “Bob, there’s no question, it’s just we’re going to do something for you.” So, it was great.

Robert Yeager: Anyway, I was a little nervous.

President Korb: Oh, yeah, whatever.

Robert Yeager: A little nervous. Bob Yeager, 5124 North Posey County Line Road, Evansville, Indiana.

President Korb: I have asked Bob to come, because he has been such a tremendous public servant, we are, it’s kind of like “Bob Yeager Day”. We’re going to be reading a proclamation, which goes into the minutes, and we have framed this for you. So, if I can, I would like to read this to you now.

“Whereas, Dr. Robert Yeager has made a lasting and significant contribution to the students of the Evansville-Vanderburgh County School Corporation serving students since 18, 1986–“

Whoa, (laughter), I’ll do the job, Yeager, you just stand there and be that young.

“–in the capacity of a teacher, department head, assistant principal, Director, Assistant Superintendent, Interim Superintendent, and Deputy Superintendent/Chief Operating Officer. Whereas, Dr. Robert Yeager was instrumental in the vision and development of the $50 million Southern Indiana Career and Technical Center Institute, which serves students of the five counties surrounding Vanderburgh County, and which is a national model facility for technical education. Whereas, Dr. Robert Yeager’s financial leadership was responsible for the board resolutions which were instrumental in restoring the financial integrity of the Evansville-Vanderburgh schools by establishing operating balances in three funds. As a result, the EVSC general cash balance fund grew from only $16,500 in 2002 to a cash balance of nearly $6.5 million at the end of the 2006 budget year. Whereas, Dr. Robert Yeager through negotiations with the teachers bargaining unit was successful in increasing the length of the instructional day for elementary students, and developed a plan for reinstatement of full day kindergarten beginning with the 2007 school year.”

I’m not real sure kids are happy with you for extending their day, but–

“Whereas, Dr. Robert Yeager was the Project Director for the 2005 Efficiency and Effectiveness Study conducted by MGT of America–“

Which my daughter served on with Dr. Yeager.

“–which included EVSC commendations, recommendations, time lines, and financial implications, and which serves as a resource for the continued improvement of the operational areas of the EVSC. Whereas, Dr. Robert Yeager has continued to build upon the theme of creating an environment where every child can be successful, of creating a sense of oneness within the EVSC, and of creating a sense of purpose and passion around the inter-relatedness of community and school. Whereas, Dr. Robert Yeager has demonstrated that he is a man of integrity, wisdom, character and a true servant leader and encourager of children. Whereas, Dr. Robert Yeager will retire from the EVSC on June 30, 2008. Therefore, we, the Board of Commissioners of Vanderburgh County, Indiana express our deep gratitude to Dr. Yeager for 22 years of dedicated service to education in Vanderburgh County.”

Thanks, Bob. (Applause). Now, if I could, I would like to ask Mike Duckworth, the President of the School Board to come forward and say a few words. (Inaudible. Microphone not on.)

Mike Duckworth: Thank you, Commissioner Korb. It is my honor and privilege as, wearing another hat as the School Board President, and I’ve said this at Stanley Hall’s graduation, and last night at the final School Board meeting that we had, where Dr. Yeager would be in attendance. This Corporation is in great shape financially, and our stability in regards to how we serve children is only because of employees like Dr. Yeager. It’s through his leadership that we are able to move forward into a progressive plan that Dr. Bertram now is beginning to implement. So, with that, the citizens and the children of this community owe this man a great debt of gratitude, and I appreciate the Commissioners honoring him in such a way.

President Korb: Absolutely.

Mike Duckworth: So, thank you.

President Korb: Bob, if you have anything that you would like to say to, and I’ve got to warn you, people watch this stuff on t.v.

Robert Yeager: Sure, sure. I would say that I’ve been honored to be a part of the Evansville-Vanderburgh School Corporation. It’s been something that’s been enlightening through all the years. It’s been something that’s been a real tribute to the children of our community that we’ve been able to serve. I feel very fortunate to have had the opportunities provided to me by the School Corporation. I would say that as an administrator, as a teacher, and most of all as a parent, we need to be very proud of our School Corporation. I would say that as a father of a graduating senior, I can tell you that the opportunities available to our kids, you can’t find anyplace else. Opportunities through Youth Resources, opportunities through our schools, through Academic Super Bowls, through athletics, the whole range of activities that we provide for our kids is outstanding in this community, and you need to be very proud of that. They need to embrace the School Corporation and help move our kids forward, and help them become the citizens that they can be. Speaking from my heart, thank you very much. It’s very humbling to be here. I appreciate all that you’ve done, and all of your hard work. Thank you for this honor. It’s very nice.

President Korb: Thank you, Bob.

(Applause).

President Korb: I was going to try to give him some keys to the city, but, or the county, but they don’t let me play with sharp objects. So, there you go. For those of you that are guests and here with Dr. Yeager, you are free to go. You do not have to stick around. Please, just do yourselves a favor and walk out now. Thank you, everybody, for coming. It’s great to see all the faces. Former, Commissioner, Mr. Tuley, is there. See ya, Pat, thanks. My wife and children are here. Daughter is home from college for ten days, then, who knows where she’s going. Alright, let’s move on.

President Korb: Open proposals, Mr. Ziemer, have you already done that?

Ted C. Ziemer, Jr.: I haven’t, and I’m not going to. Let me explain this to you. This is an INDOT procedure, and INDOT handled the request for the proposals and any notices that were required to be given. The proposals have now been submitted, and they contain no quotes or pricing. All there is to be done with these is that they be reviewed by the County Engineer, and then scored according to INDOT regulations. So, I’m simply going to read into the record who the proposals are from, and then we’ll deliver them to John Stoll to do his job.

Commissioner Tornatta: I’ll make a motion to do just that thing.

Ted C. Ziemer, Jr.: Thank you.

Commissioner Nix: Second.

Ted C. Ziemer, Jr.: And, reading into the record, the proposals are from; Commonwealth Engineers, Clark Dietz, Wessler Associates, Beam Longest, and R.W. Armstrong.

President Korb: Great. Thanks, Mr. Ziemer, we’ll have Mr. Stoll come up and pick those up.

President Korb: And I really think that to make this official for Dr. Yeager, and I apologize, we need a motion and a second, please.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

President Korb: Old Courthouse presentation, looking for students from USI. Are they here today? No.

Commissioner Tornatta: They’re done.

President Korb: Did they know they were supposed to come?

Commissioner Nix: We got the proposals, that was last week.

President Korb: Okay, great. Well, we want to, actually I would like to turn this over to Commissioner Tornatta, at this point, to say thank you, because he was the one that engineered it. Troy?

Commissioner Tornatta: Well, they’re out of class right now.

President Korb: Sure.

Commissioner Tornatta: So, what we’re waiting on is the professor of the class was supposed to make his opportunity to come here and talk about some things. He’s been unable to get here, because he’s had prior commitments.

President Korb: Okay.

Commissioner Tornatta: We’ll just have to put that on the back burner.

President Korb: Not a problem.

Commissioner Tornatta: I think we do have all the information in the right hands. We can move forward.

President Korb: Great.

President Korb: Next we have the first and final reading of CO.04-08-010, the Vanderburgh County Sheriff retiree benefits. I need a motion please to waive the second reading?

Commissioner Nix: So moved.

Commissioner Nix: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. Roll call vote. Commissioner Nix?

Commissioner Nix: Yes.

President Korb: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Korb: Commissioner Korb votes yes. Now, we need a motion to approve the ordinance.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Public comment?

Ted C. Ziemer, Jr.: Roll call.

Commissioner Nix: Roll call.

Ted C. Ziemer, Jr.: Oh, excuse me.

President Korb: Stereo, that’s what I live with is stereo. Roll call vote. Commissioner Nix?

Commissioner Nix: Yes.

President Korb: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Korb: Commissioner Korb votes yes. Now, public comment? Seeing none. We move on.

President Korb: The Indiana lobbying registration commission, lobbyist activity report. Lobbyist activity must be filed by May the 31^st.

Ted C. Ziemer, Jr.: This is a regular report that gets filed, I think, three times a year. It’s provided to us by our lobbyist. I’ve reviewed it, and it appears to be standard in form, and satisfactory for execution, should you desire to approve it.

Commissioner Nix: Motion to approve.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none. A motion has been called and seconded, I mean, a motion has been made and seconded. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

President Korb: Next is permission to award VC08-05-01, the Allen Lane over Locust Creek bridge rehabilitation. Mr. Stoll, would you please join us front and center? For those of you watching this on television, John Stoll is our County Engineer.

John Stoll: The low bid on that project was provided by Ragle, Incorporated, and the low bid amount was $222,797.06. I recommend that you award it to the low bidder.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Then, Mr. Stoll, we have VC08-04-01, the concrete repair of various roads.

John Stoll: I recommend you award that to J.H. Rudolph and Company for the amount of $209,076. They also provided the low bid on that project.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

Commissioner Tornatta: Do you want to stay up here for his report?

President Korb: Yeah, go ahead, John, that’s fine.

Commissioner Nix: Before we go on though, is Cross Pointe, should that have been on here?

John Stoll: At the time we were still reviewing that when the agenda was being finalized. So, I have it now, but it wasn’t listed on the agenda. So, that was going to be my next question.

Commissioner Nix: Sorry.

John Stoll: Or recommendation, I would like to recommend that you award the Cross Pointe Boulevard project to Summit Civil Services for the amount of $6,098,088.20. There again, they provided the low bid on the project.

Commissioner Nix: So moved.

Commissioner Tornatta: That’s a big number. Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: I’m just glad it wasn’t bigger than what it was. The next item I have is a contract with R.W. Armstrong. This is for the environmental study on the Burdette Park-USI bike path. The contract amount is $43,500. This will provide the environmental documentation needed to use the federal funds that have been secured for this project. This contract will be paid for out of the Riverboat Infrastructure funds.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: The last item that I have is a letter that needs to be signed by the Commissioners. This is a letter to submit to INDOT for the University Parkway project. It is just a right-of-way assurance letter that says the proper federal procedures are being followed on the right-of-way acquisition. So, that way we are still eligible for the federal construction dollars.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: That’s all I have.

President Korb: Great. Thank you.

President Korb: Let’s go through our contracts, agreements and leases. The first one is the AT&T master agreement that provides general terms and conditions that will govern other pricing schedules, like the one that was approved by the Commissioners on March 3, 2008. The agreement does not provide for payment of any cost by the county, as those will always be covered by separate pricing schedules that the county may or may not enter into in the future. I need a motion please.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. The next one is the Sheriff’s agreement with USI for the use of campus facilities. An agreement to be entered into between the University of Southern Indiana and Vanderburgh County on behalf of the Sheriff’s Office for use by the Sheriff’s Office for Vanderburgh County Sheriff applicant testing. This event will be held on June the 21^st from 8:00 a.m. to 3:00 p.m. in Forum Two on the campus of USI. The rental fee has been waived by USI, the same as it has been waived for this purpose in previous years. I need a motion please.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. The next item is the Health Department breastfeeding peer counselor contract with Latisha Minor. Breastfeeding peer counselor contract between the county on behalf of the Health Department WIC program and Latisha Minor for counselor services for a fee of $9.00 per hour for such services. Note this is less than the $10.00 per hour that we had agreed upon last week in the case of a similar contract with Yvette Wassmer. I need a motion please.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Also, with the Health Department is an advertising agreement with South Central Radio Group. The Vanderburgh County Department of Health is celebrating its 60^th anniversary as the City-County Health Department, and in connection with that it is working on a public health system quality improvement plan. South Central Radio Group is proposing to the Health Department that it enter into an advertising agreement in connection with a website to be maintained by South Central for a healthy cookbook. The Health Department sees this as a great way to get the word out on workplace wellness. The Health Department has grant funds in place which would cover the costs of the advertising agreement, which would be $1,200 per month for the three month duration of the promotion, for a total of $3,600. The details of the cookbook website and a copy of the proposed advertising agreement are attached. The advertising agreement is, obviously, for three months, the sponsorship of the tri-state cookbook for fees indicated.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

Commissioner Nix: We’ve got the next one covered.

President Korb: I’m sorry?

Commissioner Nix: He’s got five already. We did that.

President Korb: Yep, that’s exactly right. Mike Duckworth, are you still here? Come on up, Mike, would you please? This next agreement is a form of agreement with ECI, would propose to enter into with the county to construct a training room at the County Highway Garage. Can you kind of explain that for us, Mike, a little bit please?

Mike Duckworth: Yes, dating back to 2006 when our crews went through an enormous task of dealing with the tornado site and the clean up of that site, we realized then and there we needed a place to put all of our employees where we could brief them and direct them, and actually train them in many aspects of what we do. I approached the Council through the budgetary process, and they agreed to, it was $50,000 to establish this room, and we have put out bids, and received the prices back. We’ve had Mr. Ziemer look at the contractual agreements and the insurances involved, and I believe it passed his test, and we’re asking that you agree to allow us to move forward on this.

President Korb: Is this the same company, Mike, that built the fourteen bay garage?

Mike Duckworth: The storage, yes, that’s right.

President Korb: Okay. Alright, great. Any questions for Mr. Duckworth? Seeing none. I need a motion.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Congratulations.

Mike Duckworth: Thank you.

Mike Duckworth: Just one last thing, while I’m up here. I just wanted to mention that I know that the Commissioners anticipated me bringing a paving list forward from the county road hearings that we had. We are still doing some assessments of three roadways that we’re not sure of what we’re getting into in regards to the voids underneath those roads. So, we’re doing some preliminary assessments, and that list should be ready at the next meeting. I will tell you, just preliminarily looking at the cost of, the increasing cost in asphalt, as well as all the other materials that go along with us doing our work, that, and in regards to a decrease in some of the monies allocated to us by the Council, we are not going to be able to meet the expectations of what we’ve done in the last two years. So, I’ll just forewarn you, it looks like we’re somewhere around the 17 mile range. I will provide that information to the Council, and if they would like to allocate further dollars, I’ll give them an opportunity to do that, but we can only use what we’ve got, and utilize the costs that are there, and we’ll do the best that we can with what we’ve got.

Commissioner Tornatta: Mike, our next meeting is what, June 3^rd? So, in that amount of time in between, I mean, when did you start to think about planning on–

Mike Duckworth: Well, our problem is that we’ve been assessing these, and doing the inspection, but we’ve been waiting on the bids to come in on the asphalt to exactly know what the cost is going to be and how far we can go on the list. We want to be very careful about that, so that we didn’t over extend ourselves. But, we want to do as much as we can. Then, in the middle of that, we’ve had John Stoll, consulted with him in regards to these three roads in Evergreen Acres, and we’ve had some preliminary looks at it, we’ve had to mark those up and get locates done so we could actually dig those up and look underneath the roads to do the assessment, to see if it’s something that we do want to get into, or if it’s too much that we can’t do anything other than just patch it at this time.

Commissioner Tornatta: And, when would you anticipate starting the paving?

Mike Duckworth: I would say we will probably start there shortly after the June 3^rd meeting, and with only doing 17 miles, it’s not going to take us very long. I would say we would be done probably by the end of July or middle of August this year.

Commissioner Tornatta: Okay.

Mike Duckworth: Depending upon weather and costs and those kinds of things.

President Korb: Great. Okay.

Mike Duckworth: Thank you.

President Korb: Thanks, Mike. Department head reports. John, can you come back up, or are you done? You’re finished? Great, thank you.

President Korb: Steve Craig. Steve Craig is our director of Burdette Park. Hi, Steve.

Steve Craig: Hi.

President Korb: State your name for the record, please.

Steve Craig: My name is Steve Craig. I’m the Manager of Burdette Park. It’s that time of the year again at Burdette Aquatic Center, and we’re ready to start off a great season in 2008. The Aquatic Center will open May 24^th at 10:00 a.m., and our schedule this year is going to be for Friday, Saturdays and Sundays we’re open from 10:00 until 7:00, and Monday through Thursday we’re open from 10:00 until 6:00 through Labor Day. When school starts we will be open weekends only. Our batting cages and miniature golf will be open daily starting May 24^th also, and it’s time that it’s open every day is 10:00 to 10:00 on weekends, and from 10:00 to 8:00 p.m. Monday through Thursday. We’re also starting up our summer camp and our teen camp again. August 1^st, or I’m sorry, May 27^th is the first day of day camp and the teen camp, and it will run through August 1^st. There will be five sessions. These camps are for kids from six to 14. What they’re designed for is to increase children’s physical and mental activities during the summer. We’re looking forward to opening weekend and we would like to invite everybody out to Burdette for a good summer of fun. If you haven’t been to Burdette, it’s a county run facility, and it’s for everybody in the tri-state. I would just like to invite everybody out there for the summer.

President Korb: Real quickly while you’re still here, Steve, publicly would you mind thanking the Nut Club for their contribution to your day camp?

Steve Craig: Yes, I would. At this time I would like to thank the West Side Nut Club, they made a $2,500 donation to our day and teen camp. This enables children that can’t afford to go to the camp to be able to come to the camp in the summer. I would like to thank everybody at the West Side Nut Club for their donation.

President Korb: Thank you.

Commissioner Nix: Also, while you’re at it, could you touch on the rentals that you have throughout the year? I guess, just to mention that.

Steve Craig: Okay, our rentals is not during the summer only. During the year we have an array of rental buildings. We have what’s called the Discovery Lodge, it’s a very unique venue for weddings, they have a lot of picnics there in the summer, and if you haven’t been out there, it’s a very beautiful building and a very beautiful setting. It holds weddings or different venues up to 700 people. We have several chalets, six of them to be a fact, one of them is a very large chalet, it holds up to 12 people. These are overnight buildings that you can stay in. They have fireplaces, they have jacuzzis, and they are very nice buildings and set in a very woodsy atmosphere. They’re very, very popular. We also have rental buildings from 25 people capacity, all the way up to a 300 people capacity, and you can have graduations, birthday parties, family reunions. It’s very popular for family reunions. They are rented year round, and we rent them out the year-to-date. It sometimes hard to get them on holiday weekends and that. So, you might want to make rentals in advance. The Discovery Lodge can be rented two years out in advance.

President Korb: Wow, great.

Madelyn Grayson: You also have pool rooms that are great for birthday parties.

Steve Craig: Yes, they are.

President Korb: We have a what?

Madelyn Grayson: They have rooms over the pool, that look out over a deck over the pool, and you can have birthday parties and things there.

President Korb: I did not know that.

Steve Craig: Yes, our Aquatic Center has two party rooms that are on the upper story of the pool facility, and has a deck overlooking the Aquatic Center. It’s very scenic, and the kids can be in the pool, the parents can sit up there, keep their eyes on the kids, and get in the air conditioner if you have older people that need air conditioner or something, they are air conditioned. I appreciate you bringing that up, Madelyn.

President Korb: That’s great. Anything else?

Steve Craig: No.

President Korb: Thanks for coming.

Steve Craig: Thank you.

President Korb: Good luck. Have a great summer.

Steve Craig: I did enjoy your speech at lunch.

President Korb: Thank you. Appreciate that very much.

President Korb: Mr. Ziemer?

Ted C. Ziemer, Jr.: Thank you. I just have one item. The Vanderburgh County Department of Health received only this afternoon, or this morning, I guess, a, what is called a Vanderburgh County mass prophylaxis plan that was to be reviewed and returned to the Health Department by Wednesday, May 28^th, if the county is to receive $2,474 for that timely response. It’s 115 pages long. I got it just prior to this meeting, and with my speed reading ability was able to completely go through that agreement before the meeting started. I can tell you that you have seen similar plans in August of 2006, August of 2007, and earlier this year, I don’t have an exact date on it, well, no, this one now from May of 2008. What it involves is the rapid deployment of prophylaxis, which consists of medication, both oral and injectable, in response to public health emergencies. The State Department of Health wants acknowledgment by Vanderburgh County that this mass prophylaxis plan is in place. There are, it’s financially neutral except for the $2,474 which the county will receive for timely return of the document to the State Department of Health. So, I recommend, that even though you haven’t seen it and had an opportunity to read it, that it is satisfactory for execution, should you desire to approve it.

President Korb: I need a motion.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. Madelyn, can we put you in charge of telling us where to sign so that we don’t screw that up?

Madelyn Grayson: Sure.

President Korb: Thank you.

Ted C. Ziemer, Jr.: It’s on the third page, Madelyn.

President Korb: Since it is due soon.

President Korb: New business? I’m sorry, any other department heads out there that would like to speak? Seeing none. New business? Hearing none.

President Korb: Old business? Whoa. Seeing none.

President Korb: Public comment? Anybody out there want to say anything? Okay. We just need to have you state your name.

Gerald Reddick: My name is Gerald Reddick, and I live in Bohannon Estates. John Stoll is going to love me. We had a street put in late last fall. We acquired some ditches that we didn’t want, don’t like and not happy with. I got out this morning and took some pictures. I don’t know if you want to look at them or not. We’ve got standing water in these ditches. They will not drain. Water has stood in them from the time they put them in, when we had the first rain. They’ve never dried up. We’re getting into warm weather. It’s going to be mosquito breeding time. We just don’t want them. I personally don’t know what can be done, other than J.H. Rudolph needs to do what they should do. I don’t know who’s at fault, whether it’s the construction company, or the engineering on it. We don’t know, but the ditches don’t drain. So, what are we to do? We’ve asked for the Barrett Law process, we’ve had that done through an enormously escalating costs, and now we’re stuck with a bill. To be quite honest with you gentlemen, Rudolph thinks we’re a bunch of idiots sitting out there. They don’t want to talk to us. They pulled my mailbox up, which was set in concrete, and I’ve asked three or four different ones of that outfit, “Are you going to put my mailbox back in, in concrete?” It’s leaning back, when it rains the paper box under the mailbox collects water, I go out in the morning to get my paper and I’ve got a wet paper. I’m really tired of it. Can I do that myself? Sure I can. I did it once. Now, they pulled it up, I think they should put the concrete back around it so that it’s set according to standard. My mailbox is not the only one that’s done this way. I asked the, I don’t know whether it’s the General Manager or what, his name was Martin, this afternoon, he said, you’ll have to talk to the Project Manager. The Project Manager said, no, we just tamp the dirt. To me that’s not satisfactory. I just, and I’m at my rope’s end. Do you want to see these pictures of this standing water in the ditches?

President Korb: Sure that would be fine. Bring them on up.

Gerald Reddick: I’ve got notes on the back just to what it’s (Inaudible. Not at microphone.)

President Korb: Okay.

Madelyn Grayson: Mr. Reddick, can we have those pictures for the record?

Gerald Reddick: You can have them, yes.

President Korb: For the audience sitting at home, that doesn’t really know what a Barrett Law is, I’m going to ask Commissioner Nix or Commissioner Tornatta to give their brief description of what that is.

Commissioner Tornatta: It would probably be Counsel Ziemer would be the appropriate source.

Commissioner Nix: The technical part.

Ted C. Ziemer, Jr.: Well, I would be happy to do that. The Barrett Law procedure is established under the laws of the State of Indiana to allow residents in, I’ll say, various subdivisions or other tracts of homes in the county who want to have either drainage improvements or street and highway improvements to first go to an engineer of their choice, which the residents of Bohanon Estates did. In this case they met with that engineer, the engineer developed the plans for the improvements that were to be made. When that’s completed those plans are submitted to the County Engineer for review. The County Engineer does not rewrite the plans, but it does review the plans to see if they meet code standards, and signs off on them to that extent. After that’s done, the project is brought before the Commissioners, unless 60 percent of the people in the subdivision object at the time the resolution is presented to it going forward. It is then presented to the Commissioners, the Commissioners adopt a resolution approving the construction pursuant to the plans prepared by the engineer employed by the neighborhood in question. When that’s completed, there is an advertisement for bids to construct the project. The bids are received by the County, well, first by the County Commissioners and opened, and then reviewed by the County Engineer. Ultimately, the lowest responsible and responsive bidder receives the award of the project. They then do the project, and after the project has been completed, the County Engineer again advises the Commissioners that the project has been completed, and then the neighbors in the subdivision are assessed based on the total cost of the project divided by the number of individuals who are in the subdivision. Those individuals are then assessed for that amount, and I’ll just say if there were ten people in the subdivision, and the cost was $10,000, each resident would be assessed $1,000. They have the right to pay that $1,000 under the Barrett Law in either ten, 20,or 30 year installments, with interest. The bonds are then issued and sold. The contractor gets paid, and the engineer out of those bond proceeds, or the sale of the bonds. Then the residents of the subdivision pay for the project in either ten, 20 or 30 years, as they have elected to do.

President Korb: Great, thank you. Mr. Nix?

Commissioner Nix: I’m just curious, where are we with pay apps for Rudolph out there? John, do you know for sure?

John Stoll: The final resolution was all approved, I can’t remember exactly when, but it was several weeks ago. So, Ted’s been working with the bond attorneys to finalize the bond issue. It’s my understanding that the bond will be finalized here soon, then the contractor would get paid, once all the punch list items have been addressed.

Commissioner Nix: Okay, but before they get paid, I mean, we still have some money out then? Or, the homeowners still have money out, excuse me.

John Stoll: Yes, they’ve only been paid $30,000, I believe.

Commissioner Nix: That’s what I was thinking.

John Stoll: Out of about a $230,000 bill.

Commissioner Nix: Okay. I would like to come out there and take a look at that, Mr. Reddick.

Gerald Reddick: I wish you would.

Commissioner Nix: Yeah. We’ve had a couple of issues the last few weeks, some other drainage issues and some things we’ve addressed, but I would like to take a look at that, and maybe we can meet with Rudolph out there and come to some resolution.

John Stoll: Pat Seib of my office met with Rudolph out there yesterday. They did do a walk through. There were spots where water was standing. From what Pat told me, for the most part, he felt that the problem was silt that had accumulated in certain spots in the ditches, which in turn had caused the water to be held back. The silt primarily came from areas at the end of culverts that had eroded. Going back to the original design, the driveway culverts were shortened as much as possible, which, to try and keep the culvert costs down, which in turn didn’t allow for enough slope at the end of the pipe, which in turn made the grades too steep, which encouraged the erosion. That was where the source of the sediment was coming from, based on what I was told. There was also straw that was washed around from the rains that had accumulated in certain spots, which too held back water. Then there was some settlement that needed to be addressed. But, those were the three main areas that were the sources of water standing in the ditches that I was told about.

Ted C. Ziemer, Jr.: Didn’t you mention a septic system? Or did you just say that?

John Stoll: They’re, another thing that I was told too was that there’s septic effluent in the ditches. Well, they thought it was septic effluent based on grey water flowing in the ditches. So, that was something we’ll have to check with the Health Department and see what they can or can’t do. But, there are no sanitary sewers out in that neighborhood, so, I’m not sure that there is anything to do, that can be done in regard to correcting that problem. But, that was another problem for the contractor in regard to trying to go out and clean up the ditches whenever they had to deal with what was appearing to be raw sewage.

Commissioner Nix: John, when was that punch list, that was just generated over the last few days?

John Stoll: A punch list was generated last fall when a walk through was done. There have been a couple of times that Rudolph has sent people out there over the course of the last few months, but no new punch list has been generated.

Commissioner Nix: Okay, there hasn’t been, okay. I misunderstood you then.

John Stoll: We are in the process of putting together another one though–

Commissioner Nix: Okay.

John Stoll: –on the basis of the inspection they did yesterday.

Commissioner Nix: If you could give me about a week, I’ll come out and I’ll either give you a call, if you can leave your number with them, you don’t need to give it to us right now, but if you would call the office tomorrow and leave your number.

Gerald Reddick: Okay, I’ll do that.

Commissioner Nix: And, we’ll follow up.

Gerald Reddick: I would appreciate it.

Commissioner Nix: Okay, thank you, Mr. Reddick.

President Korb: Any other public comment? Seeing none.

President Korb: I need a motion to approve the consent items, please.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passe. I need a motion for adjournment.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Korb: Meeting adjourned.

(The meeting was adjourned at 5:40 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the May 13, 2008 Commission Meeting Minutes.

Evansville ARC Report of Activities: April 2008.

USEPA Letter: Notice of Completion of Soil Replacement: 107 W. Indiana St.

Department Head Meeting Notes: May 13, 2008.

Employment Changes:

Health Department (1)              County Highway (3)                  DADS (1)

Circuit Court (1)                        Sheriff Office (1)                       VCCC (2)

Treasurer (1)

Travel Requests:                    Health Department (3)              Auditor (1)

County Engineer: Pay Request No. 52: Green River-Burkhardt TIF Projects.

Auditor: May 2008 A/P Vouchers.

Sheriff: Request to Surplus 10 Vehicles.

Purchasing: Monthly Report: April 2008.

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer

Those in Attendance:

Jeff Korb                                   Bill Nix                                      Troy Tornatta

Ted C. Ziemer, Jr.          Marissa Nichoalds                    Madelyn Grayson

Robert Yeager                          Mike Duckworth                        John Stoll

Steve Craig                               Gerald Reddick                         Others Unidentified

Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Jeff Korb, President

Bill Nix, Vice President

Troy Tornatta, Member

(Recorded and transcribed by Madelyn Grayson.)