VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

MAY 23, 2006

The Vanderburgh County Board of Commissioners met in session this 23^rd day of May, 2006 at 3:34 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: Are we all ready to start the meeting? I want to call to order the May 23, 2006 meeting of the Board of Commissioners of Vanderburgh County. We will start with introductions.

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

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

Commissioner Nix: Bill Nix, County Commissioner.

President Musgrave: Cheryl Musgrave, County Commissioner.

Commissioner Shetler: Tom Shetler, County Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Joe Gries: Joe Gries, Chief Deputy Auditor, sitting in for Mr. Fluty who is attending the state called Auditor’s conference.

President Musgrave: If you would all join me for the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

President Musgrave: Do I hear a motion to approve the May 16^th minutes?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We have several contracts, two contracts listed here, is there a motion to approve?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Department heads, John Stoll, County Engineer is not in the room at the moment. County Attorney?

Ted C. Ziemer, Jr.: Yes, I have two contracts about which I have e-mailed each Commissioner.

Madelyn Grayson: Ted, I’m not sure your microphone is on.

Ted C. Ziemer, Jr.: It’s not. Thank you. I have two contracts about which I e-mailed each Commissioner. One is a contract with Premis Consulting Group to engage their services for the selection, evaluation and negotiation with responders to the RFP for a vendor for IT services. That agreement would have a fee of $37,800, which would be split evenly between the city and the county. Mr. Arvay advises me that funds are in place for this. I have, since the city is also a party to this agreement, I had it reviewed by Kevin Winternheimer, and he and I have discussed it, and based on that discussion, I did revise the agreement. You have the revised form of that agreement in front of you today. That revised form is satisfactory for execution.

President Musgrave: I understand that this represents a considerable savings over the process that was contemplated, I think, three years or more ago. Was that figure some $300,000?

Ted C. Ziemer, Jr.: I think so, yes.

President Musgrave: Okay, is there a motion to approve?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

Ted C. Ziemer, Jr.: The next one is, arrangements are being made for an auction of personal property that still remains in the Safe House, which is no longer being used for that purpose. That auction is to be on May 30^th. We were advised by the school corporation that there are certain items, among those which could be very useful to the school corporation. It’s possible under the law for the county as a governmental entity to enter into a resolution agreeing to exchange that personal property for some other item of exchange that would be agreed to by the school corporation and the county, if the school corporation would adopt a concurrent resolution to that effect. I understand that the school corporation has done that, and I have, or in the folder today is a form of resolution to be adopted by the Commissioners, which would resolve to convey to the school corporation the items of personal property listed on exhibit A in return for a payment of ten dollars by the school corporation.

President Musgrave: Is there a motion to adopt the resolution?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Anything further?

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

President Musgrave: County Engineer, Mr. Stoll?

John Stoll: First, I would like to request that you award contract number VC06-05-01, the Old State Road bridge rehab to Gohmann Asphalt and Construction for the amount of $104,020.05. They were the low bidder on the project.

President Musgrave: Is there a motion?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: Next, I would request that you reject the bids that we received for contract VC06-05-02, the concrete repair of various roads. I would request that the bids be rejected because the two lowest bidders failed to provide any evidence of a drug testing policy as required by county ordinances, and the third bid we received was substantially over the engineer’s estimate.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Will you be rebidding that?

John Stoll: The next item that I had was a new notice to bidders–

President Musgrave: Oh, thank you.

John Stoll: –for starting that process all over again. Madelyn has a copy of the notice to bidders for a new concrete repair contract, and we have added some extra language in hopes of clarifying that the drug testing policy is required with the bid submittal. So, I would request that you authorize readvertising for the concrete repair contract.

President Musgrave: Is there a motion?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: Next, I would request that you reject the bid we received for contract VC06-05-03, Schmuck Road culvert number 659 replacement. Here again there was no drug testing policy included within the bid submittal.

President Musgrave: Is there a motion?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: Next, I have a change order. This is on contract number VC05-12-01, the Number Six School Road drainage improvement project. This is for an increase of $14,780.75. The reason for the increase was an error we had in our quantities on our original plans. We had only about a fourth of the needed driveway quantities included in the bid. So, that’s why it went up substantially once the actual work was finished.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

Commissioner Nix: I would like to make a comment on that. Mr. Stoll worked with the contractor on the unit cost price, and was able to save the county some money doing that. So, I appreciate the help on that.

John Stoll: The contractor was very workable with us as well. So, that helped on that issue too.

Commissioner Nix: Good.

John Stoll: That is all I have, unless you have questions on anything.

President Musgrave: Lynch Road opening?

John Stoll: I spoke to the inspector out there yesterday, and they have set a final inspection, well, they call it a pre-final inspection, of the project for June 1^st. Then the contractor has, I believe it’s five working days to complete any work identified in that. So, right now we’re estimating somewhere around June 9^th would be the potential opening date. Once I know something more specific then I’ll let you know.

President Musgrave: Okay, thank you.

John Stoll: Thanks.

President Musgrave: Next on our agenda is board appointments. We have two boards which we need to rescind the current occupant and replace her with Marissa Nichoalds. I guess, this is an appropriate time to inform everyone that B.J. Farrell, after 15 years of service in county government, is leaving for a post that will benefit her and her family, and be a terrific opportunity for her. So, Ms. Farrell, we hate to lose you from the Old Courthouse Foundation Board and the Polling Place Advisory Committee. I do need a motion to replace her with Marissa Nichoalds.

Commissioner Nix: I’m reluctant, but so moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

Ted C. Ziemer, Jr.: The one good thing is though if any of us get arthritis we will have somebody who’s very well connected to take care of us.

B.J. Farrell: Please call me, 474-1381.

President Musgrave: She’s already memorized the number. B.J., you’ve done terrific work here.

B.J. Farrell: Thank you.

President Musgrave: You made my becoming a brand new Commissioner easy. I appreciate everything that you’ve done for me and for the Commission.

B.J. Farrell: Thank you.

President Musgrave: New business. Is there any new business?

President Musgrave: Old business? Department of Corrections letter. Commissioner Nix?

Commissioner Nix: Yes, we’ve received a letter from the Department of Corrections of the State of Indiana, and it’s actually a grant that we applied for some months back, and I would like to read this letter. This is an intent to award:

“Dear Vanderburgh County Board of County Commissioners: The Indiana Department of Corrections is pleased to announce Vanderburgh County Community Corrections has been categorized in Level II for State funding in accordance with the funding formulas for Community Corrections and Community Transition Program (CTP) for fiscal year 2006-2007. A Level II designation indicates this agency meets the evidence based practice standards and plans to serve the target population as required for funding from the State of Indiana. This determination is based on information presented in the grant application, and through discussion with Grant Review Committee consisting of members from the Indiana Department of Corrections, the Indiana Department of Mental Health and Addiction, the Criminal Justice Institute, and the Indiana Judicial Center. For the first time in history with the assistance of the Government Efficiency and Financial Planning Division along with the Department of Correction Financial Division, funding are directly related to documentation as proposed by counties in grant applications. The information used for funding includes: the number of felony offenders proposed to be served; the number of felony offenders actually served; the level of commitment in utilizing evidence based practices, and demonstrating the effectiveness of the programs presently funded, and the specific county population level. The award for July 1, 2006 through June 30, 2007 will be $854,557.89 for the base grant allocation, and $231,485 for the Community Transition Funds. Funding priorities for additional base or one time funding is still under consideration and announcements will be forthcoming. Enclosed please find the contractual agreement between the State and Vanderburgh County. An electronic copy of the revised budget form has been sent via e-mail to the Director of Community Corrections. The revised budget should reflect the actual grant award and follow the original guidelines for State funding and be returned to the Department of Corrections, Community Corrections Division by May 25, 2006 in order for funds to be received in July 2006. The contractual agreement must be completed and returned to the Department of Correction, Community Corrections Division by May 30, 2006 in order for funds to be received in July 2006. Congratulations on this grant award and we look forward to working with you on Community Corrections initiatives during the upcoming year.”

It’s signed sincerely J. David Donahue, Commissioner. I didn’t know if Chief Deputy Williams had anything, any comments on this.

Eric Williams: Just that I encourage you to sign that, so we can get the money. That is the DOC grant that runs that facility, but, I think it speaks highly of the staff, the operation that’s running out there, that they continue to fund us the way we request.

Commissioner Nix: Okay.

Eric Williams: So, thank you.

Commissioner Nix: Thank you, Chief.

President Musgrave: I don’t, is there something to sign there that we need to vote on?

Commissioner Nix: There wasn’t anything else with this that I know of, but, I guess, we can follow up with that before the meeting is over.

President Musgrave: Alright, we’ll find out about the contract.

Commissioner Nix: We just need to get it signed and get it back in.

President Musgrave: Since we don’t meet again until June 6^th, I would like to just go ahead and have a motion to sign the relative documents to accept that grant.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

Madelyn Grayson: May I have a copy of that for the record?

President Musgrave: Okay. Is there any other old business?

President Musgrave: Is there public comment? I hear none.

President Musgrave: Is there a motion for the consent agenda?

Commissioner Nix: Motion to approve consent items.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries. Normally, I would ask for a motion to adjourn, but since we’re meeting again later tonight, do we adjourn, or just recess?

Ted C. Ziemer, Jr.: Just recess until tonight.

Commissioner Shetler: Well, that’s–

President Musgrave: Oh, it’s not a–

Ted C. Ziemer, Jr.: Well, let’s see, we did notice that as a special meeting though. You could go ahead and adjourn.

President Musgrave: Motion to adjourn?

Commissioner Shetler: Before we do that, let me just real quickly remind everybody though that we do have a meeting tonight at 6:00, from 6:00 to 8:00 out at the 4-H Center, and that’s at the top of the hill. I think, I guess it’s called the auditorium in some cases and stuff, but as you go in to the main entrance there you turn, veer hard to the right and go up to the top of the hill where there’s plenty of parking. That’s where we’ll be.

President Musgrave: I understand you will be conducting that meeting.

Commissioner Shetler: Yes.

President Musgrave: Anybody can come and make comment about smoking. Did I skip over the public comment?

Ted C. Ziemer, Jr.: No, you didn’t.

President Musgrave: Alright, then is there a motion to adjourn this meeting?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

(The meeting was adjourned at 4:47 p.m.)

CONSENT ITEMS:

Employment Changes:

Sheriff’s Office (1)                    Scott Assessor (1)                    Treasurer (2)

Circuit Court (1)                        Burdette Park (4)                      Health Dept. (2)

Supt. Of Bldgs. (1) 

Travel Requests:

Health Department (1)              SWCD (2)

Circuit Court: Surplus letter: desks.

County Clerk: Monthly report: April 2006.

Commissioners:

Receipt of amended Lang contract.

Taxpayer comments on smoking ordinance.

Taxpayer comments on Burdette bike trail.

Department head meeting notes: May 16, 2006.

Superintendent of County Buildings: Appropriation request.

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer                           Supt. Of Bldgs.                         Veterans Service

CIO

Those in Attendance:

Cheryl Musgrave                      Bill Nix                                      Tom Shetler, Jr.

Joe Gries                                  Ted C. Ziemer, Jr.          B.J. Farrell

Madelyn Grayson                     John Stoll                                  Eric Williams

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Cheryl A.W. Musgrave, President

Bill Nix, Vice President

Tom Shetler, Jr., Member

Recorded and transcribed by Madelyn Grayson.