VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

NOVEMBER 11, 2008

The Vanderburgh County Board of Commissioners met in session this 11^th day of November, 2008 at 5:00 p.m. in room 301 of the Civic Center Complex with President Jeff Korb presiding.

President Korb: It’s 5:00. It is time for the November 11^th County Commissioners meeting. Introductions from my right to left, please.

Marissa Nichoalds: Marissa Nichoalds, Superintendent of County Buildings.

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

Commissioner Nix: Bill Nix, County Commissioner.

President Korb: Jeff Korb, County Commissioner.

Commissioner Tornatta: Do you want to come up and say who you are and where you’re from?

Leah Edge: Leah Edge, I’m from Memorial.

Commissioner Tornatta: Welcome. Troy Tornatta, County Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

President Korb: Join me please in the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

President Korb: I would like to start the meeting by thanking all of the veterans in our community for their service to our country. It’s been a great day for them. The first action item is permission to seek quotes, the printing and mailing, Debbie Spalding, are you here? I don’t see her. Going once, going twice. Ted, do you know anything about this? Permission to seek quotes?

Ted C. Ziemer, Jr.: No, I don’t.

President Korb: Well–

Commissioner Nix: We don’t have any paperwork or anything on it? Nothing on it, Ted?

Ted C. Ziemer, Jr.: I don’t have a thing. Madelyn, do you have anything on this?

Bill Fluty: I can tell you a little bit about it. Every year she’ll go out to bid for the spring printing of the bills. So, I think it’s just pretty much what you’ve done in the past, if you’ll give her permission to do so.

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. The motion passes.

President Korb: The next item is affordable housing. It says here that Royce Sutton from the County Council will be here to discuss this. I don’t see Royce out there anywhere in the audience.

Commissioner Tornatta: We’re oh for two.

President Korb: Ted?

Ted C. Ziemer, Jr.: In his absence, I can try to cover that. Currently there is a statute in effect which provides that a certain fee, certain recording fees paid to the Vanderburgh County Recorder, 60 percent of the funds collected from those fees go to an Affordable Housing Fund of Vanderburgh County. Forty percent of those funds are distributed to the Treasurer of the State of Indiana for deposit in a State Affordable Housing and Community Development Fund. The County Council at its most recent meeting, and, I think, last evening the City Council, each adopted resolutions of their bodies to request that the General Assembly consider amending IC36-2-7-10 (i) to provide that 100 percent of the funds resulting from those recording fees be paid into the county available housing fund, and, therefore, none to the state’s community development fund and available housing fund. I have prepared a form of resolution similar to the ones adopted by the Vanderburgh County Council and the Evansville City Council. If you wish to approve this, Madelyn has copies of those resolutions for signature.

President Korb: Great. 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. The motion passes.

President Korb: The next item is contracts, agreements and leases. We have a Commissioners Weights and Measures office for leased space at the Evansville Executive Inn, I think.

Commissioner Nix: That’s correct.

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. The motion passes. The next item is the Old Courthouse lease agreement with the Aids Resource Group.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. The next item is the Old Courthouse lease agreement with the EVSC, I’m sorry, the Evansville-Vanderburgh Public Library.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. I’m sorry, real quickly, Debbie, we’ve already passed. You’re done. Go home. See ya later. Thank you.

Debbie Spalding: Can I stay if I want to?

President Korb: Yeah, you can stay if you want. That’s fine. That’s not a problem. Royce, we’ve also talked about yours. If you want to discuss it more you can. Or, you can go home with your son. Come on up. Welcome.

Commissioner Nix: Good afternoon.

Royce Sutton: Thank you, Commissioners. Royce Sutton, Vanderburgh County Councilman. Thank you.

Commissioner Nix: A cameo appearance.

President Korb: There you go. You’re welcome, Royce. Thank you very much. Appreciate it.

Commissioner Nix: Thank you, Councilman.

President Korb: It passes unanimously. The next item is the Commissioners supplemental agreement number six with DLZ for the Green River Road project. I need a motion to approve.

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. The motion passes. The next item is the agreement to extend the interlocal agreement to provide for a joint department of Central Dispatch.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. The next item is the local public agency project coordination contract between INDOT and Vanderburgh County for work on Green River Road and Millersburg Road.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. The next agreement is the agreement to exchange salt for leasehold estate for storage with the EVSC.

Commissioner Nix: Do we want to, does that need to be read?

Ted C. Ziemer, Jr.: Yes, it does. I would like you to read into the minutes, please, the resolution I suggested, which appears probably on your agenda.

President Korb: I would be more than happy to. Resolve that acting under the provisions of IC36-1-11-8, the Board of Commissioners of Vanderburgh County agree to give 100 tons of salt to the EVSC in return for the granting by EVSC of leasehold estate to Vanderburgh County for the period running from November 10, 2008 to March 31, 2009, for the storage of salt in a portion of the former L.B. Jones building. The value of said leasehold estate, and the value of said 100 tons of salt being deemed by the parties to be of equal value, and it being understood by the Board of Commissioners of Vanderburgh County that the EVSC will adopt a resolution identical to this resolution at its meeting on November the 10^th.

Commissioner Tornatta: I make that in the form of a motion.

Commissioner Nix: Second.

President Korb: Discussion? Basically, all that is, ladies and gentlemen, they have a vacant building, we have a need for salt to be stored. It was going to cost us eight grand for a tarp. We decided not to go that route. So, in return for that, we’re giving them some salt. It works out well for both parties. Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. The next item on the agenda is the CSXT construction agreement for the Baseline Road bridge. I need a motion.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. The next item is the assignment of Maximus, Inc. interest in county contracts to CourtView Justice Solutions.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Next is with the Health Department, the 2009 AIDS prevention grant agreement.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. The final one is the Health Department, Emerson Network Power renewal agreement.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

President Korb: Department head reports. John Stoll? Oh, Mike Duckworth, come on up.

Mike Duckworth: Good evening, Commissioners. Mike Duckworth, Superintendent of the Vanderburgh County Highway Department. I’m here this evening to ask that you accept the low bid in work to be done at the Vanderburgh County Highway Department on our HVAC system. We did put out three bids, and we had two returned. Shekell, no bid. We had Midwest Roofing and Sheet Metal, and the low bid was Tri-State Sheet Metal in the amount of $18,600. This is for repair and replacement to build the capacity to not only do the existing offices, but the addition as well.

Commissioner Tornatta: Mike, those bids have been checked, and you’ve seen that they look, everything is filled in, in an orderly manner?

Mike Duckworth: Yes.

Commissioner Tornatta: Okay.

President Korb: Any other questions for Mr. Duckworth? Great, I need a motion please.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Thanks, Mike.

Mike Duckworth: Thank you.

President Korb: You’re welcome.

President Korb: John Stoll?

John Stoll: I’ve got one more agreement for Green River Road that wasn’t listed in your contracts and agreements section of the agenda.

President Korb: Okay.

John Stoll: This is a Vectren reimbursement agreement for the Green River Road project. This is for the relocation of a gas and transmission line. The reimbursement amount will be $68,993.13. It’s been reviewed by the County Attorney, so, I would request your approval of that agreement.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none, 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: Thanks, John.

John Stoll: Thanks.

President Korb: Have a good night. Any new business to appear before the Commissioners this evening?

Commissioner Tornatta: How about Ted?

Ted C. Ziemer, Jr.: I do have one. Thank you. This is our lobbying report, which we’re required to file. It’s due November 30^th for the period ending October 31^st. It runs from May 1, 2008 through October 31, 2008. I reviewed that, and it appears to be, it’s certainly in good form from a legal perspective, and I assume the numbers are all correct.

Commissioner Tornatta: Motion to approve the report.

Commissioner Nix: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

Ted C. Ziemer, Jr.: You said, under new business, I see Mr. Reis is here. I don’t know if anybody is here from the O’Hara family. Anybody here from the O’Hara’s? We sent letters to Ms. Gloria O’Hara, and another letter to Mr. David Reis, both of Old Henderson Road, offering them an opportunity to obtain special use permits on certain properties adjacent to properties they own in that area, subject to certain conditions being met. They were advised to let us know in writing, prior to today, whether they wanted one or two lots, or three in the case of the O’Hara’s. We heard nothing, however, I see Mr. Reis in the audience. So, I guess, we would want to hear him.

President Korb: Come on up.

Dave Reis: Dave Reis, Old Henderson Road. In the letter I received from the attorney, the County Attorney, it said that I was able to get two lots immediately south of mine. The O’Hara’s can get, what, three lots, I believe?

Ted C. Ziemer, Jr.: That’s correct.

Dave Reis: Greg, which is also a property land owner down there, there’s only three of us, the O’Hara’s, myself and Greg. He was always, he was also wanting some lots.

Ted C. Ziemer, Jr.: Is that the dilapidated house?

Dave Reis: Yes.

Ted C. Ziemer, Jr.: No one lives there?

Dave Reis: Not right now.

Ted C. Ziemer, Jr.: Yeah, we’re not going to give any consideration to special use permits for property where no one is living. So, the offer was made to you, Mr. Reis, and to Ms. O’Hara.

Dave Reis: Okay. Is the fees the same for both of us?

Ted C. Ziemer, Jr.: Yes, they are. It is $250 per special use permit, per lot.

Dave Reis: Per lot?

Ted C. Ziemer, Jr.: Yes, sir.

Dave Reis: Okay. So–

Ted C. Ziemer, Jr.: Plus a certificate of insurance, providing $100,000 liability insurance with Vanderburgh County as a named insured, covering one or two lots, whatever you decide to take.

Dave Reis: Okay, but will I be able to get as many lots as they have?

Ted C. Ziemer, Jr.: You will be able to get two lots.

Dave Reis: Okay. I know you had said something about they were going to receive three lots?

Ted C. Ziemer, Jr.: Excuse me, I’m saying, we met out there with Commissioner Tornatta, and I’m saying you can do this and you can do that. That is the general consensus, and that’s what we were asked to write you about. Then we advised you, in that letter, that whatever would be decided regarding the number of lots you could have, would have to be approved by the Commissioners at a public meeting. That could be this meeting, if you’re prepared to tell us how many lots you have.

Dave Reis: Okay, I would like to have three lots.

Ted C. Ziemer, Jr.: The decision, my understanding is the Commissioners can do anything they please. My understanding is they’re only willing to grant you two lots, because that’s all you need adjacent to your property. The O’Hara’s really need three lots, two on one side and one on the other to have appropriate access to their property. It’s not a matter of giving one person more lots than another. As you know, the county is not required to give you any lots. By the way, for the audience, we’re not giving lots to these individuals. What we’re doing is executing special use permits, which allow them to use this property, essentially, for camping and agricultural purposes, and no other purposes with no structures to, no new structures to be put on the property. We felt that it would be beneficial to you, perhaps, to have the two lots south of your property, and subject to the Commissioners overriding what I am saying, I think it’s felt that the two lots south of your property are what they are willing to grant you special use permits on, and not the third one. As to the O’Hara’s, if they make a request, is anybody from the O’Hara’s here today? Okay. If they make a request, the Commissioners are willing, I think, to go up to three lots, two to the north, and one to the south.

Dave Reis: Two to the north and one to the south. Well, I would like to have three lots, you know, if they’re going to get three lots. That’s all I’m saying.

Ted C. Ziemer, Jr.: Okay, just what I want to be sure, it has nothing to do with equally dividing lots out there. The county really has no desire to grant special use permits to anybody, we would just keep it like it is. But, we understand that it may help you in the use of your property, access to your property and so forth to have a special use permit, which as you know has to be renewed annually, and another fee paid annually. It may help you to have a special use right on those lots. We can’t give you anymore than a special use under the deed restrictions from FEMA and the Department of Homeland Security of the State of Indiana. That’s the best we can do. We’re trying to do that in the interest of helping you, and we’re going to offer the same thing to Ms. O’Hara.

Dave Reis: Okay. The only thing I’m saying is I’m asking if they get three lots, I would just like to have three lots so it’s equal and fine, and, you know, it’s a shame that Greg can’t get any lots, you know, he could use them too down there, and you’d be making more money at $250 a lot. You know, that would be another $500 that could be put into your pockets.

Commissioner Tornatta: David, we went down there, and I think what we were looking at was clear and defined lines where it would shore up your property and how it would shore up their property. Especially with the contention that you guys had. So, we wanted buffer lots in between. That way you don’t have to worry about going on their property, they don’t have to worry about going on your property.

Commissioner Nix: I imagine that would be one parcel between these lots?

Commissioner Tornatta: There would be two.

Commissioner Nix: Two parcels?

Commissioner Tornatta: Yeah, we didn’t like the one concept. We wanted two in between. So, with that being said, the only place to go was to give you the two lots directly south of your property.

Dave Reis: Well, can we have two and a half lots each, and still keep the buffer zone?

Commissioner Tornatta: Well, no.

President Korb: No.

Commissioner Tornatta: Understand that we got, we had to jump through some hoops in Indianapolis to even get that job done.

Dave Reis: Yeah, well, I just, you know, I think it’s fair, you know, if one gets offered, you know, we all three live down there, if one gets offered three lots, I’m only getting offered two, Greg’s not getting offered any, but we’re all property owners down there.

Commissioner Tornatta: Well, we’re classifying it by residents. He’s not a resident down there.

Dave Reis: Okay, then that’s just between the O’Hara’s and myself. Like I said, if they get three lots, I should get three lots.

Commissioner Tornatta: We’ve got a buffer zone between the O’Hara’s lots and your partners lots.

Dave Reis: If you think, you know, whatever the buffer zone means–

President Korb: That means you can’t fight with each other. You can’t go in that buffer zone.

Dave Reis: Well, you know, if you wanted to fight with each other, you would do it either one lots, two lots, or five lots, you know. It would be pretty simple. But, that’s not what I’m saying. I’m just saying if they could get three lots, I should be able to get three lots. If he wants to argue, if he wants three lots, there’s nine lots down there–

President Korb: Dave–

Ted C. Ziemer, Jr.: Excuse me, Mr. Reis, I do want to remind you that there is a provision in the special use permit that it will be terminated if there is any illegal activity.

Dave Reis: I understand that. I don’t plan on having any illegal activity.

Ted C. Ziemer, Jr.: No, when you were talking about fighting, I just wanted to mention that.

Dave Reis: Right.

President Korb: So, the question is do you want the two lots or not?

Dave Reis: I want two, plus one more.

President Korb: Well, the answer is no to one more, as far as I’m concerned. I can’t speak for the other two Commissioners, but two lots, as I understand it, that’s what the county is offering you is two lots. Yes or no?

Dave Reis: I will need to take that under advisement then, if you’re only going to offer me two. Like I said, if you’re offering them three, I should get three.

President Korb: Then I would like to see us withdraw our offer to Mr. Reis.

Ted C. Ziemer, Jr.: Well, just a comment, so that you understand very clearly, this isn’t being done on the basis of giving everybody the same number of square feet of special use permits. We’re doing it based on our understanding of the need. You actually have no need for the property south of you based on my view of your property when I came out to visit it. However, the county is willing to give you a special use permit over the two parcels south of you. They’re willing to give three parcels to the O’Hara’s because they have need for one on one side of their residence, and two on the other side. It has nothing to do with fairness between the two of you. It’s based on what the Commissioners understand is needed to solve your perceived problems down there. We would sell you the property if the county had the authority to sell the property. We do not.

Dave Reis: Do you have the authority to (Inaudible) parcels of the property?

Ted C. Ziemer, Jr.: I beg your pardon?

Dave Reis: Would you only sell me two parcels?

Ted C. Ziemer, Jr.: We can’t sell anything.

Dave Reis: If you could?

Commissioner Nix: That’s not his decision.

Ted C. Ziemer, Jr.: Yeah, it’s not, it’s the Commissioners decision, but, I don’t know. Anyway, we can’t sell it, so that’s a moot question. We can grant special use permits, and my understanding, at this point, is, as we have explained to you, and if you want to think about that–

Dave Reis: Yeah, because on the use permit in here it just said $250 for a use permit. It doesn’t say per, should it say per lot?

President Korb: Are you telling us that you want to take this under advisement with your attorney?

Dave Reis: Well, I just, I don’t know what you’re talking about.

Ted C. Ziemer, Jr.: Yes, sir.

Dave Reis: That’s why I’m asking.

Ted C. Ziemer, Jr.: Each separate lot will have a use permit, and it’s $250 per lot.

Dave Reis: Okay, should that be in here then?

Ted C. Ziemer, Jr.: It’s what we understand. When we get your $500, we will give you a use permit for two lots, plus a certificate of insurance. If you only give us $250, we would only give you a use permit for one lot.

Dave Reis: Okay, okay. Well, then, this would have to be changed, right?

Ted C. Ziemer, Jr.: I don’t think so, sir. I’m the County Attorney and it seems okay to me.

Dave Reis: Okay, do you want to....okay, let me look at this then.

Ted C. Ziemer, Jr.: Okay, and I think Mr. O’Hara is here.

President Korb: Are we allowed to rescind the offer from the county?

Ted C. Ziemer, Jr.: Of course. The county is not obligated to give any special use permit.

Commissioner Tornatta: Let’s hold on.

President Korb: Until next meeting.

Commissioner Tornatta: Uh-huh.

President Korb: Hello, Mr. O’Hara.

Ron O’Hara: Hello.

President Korb: How are you?

Ron O’Hara: Oh, I’m okay.

President Korb: Good. State your name for the record, if you would.

Ron O’Hara: Ronald O’Hara.

President Korb: Address?

Ron O’Hara: 18025 Old Henderson Road.

President Korb: Great. Thanks.

Ron O’Hara: I would like to accept your offer on the use permits for the lots that you’ve offered to me.

President Korb: Great. Thank you.

Commissioner Tornatta: Do you understand the provisions?

Ron O’Hara: Yes, sir. I’m not prepared to tender you a check this evening, or an insurance policy. I called and spoke with somebody in the attorney’s office, and they said that because the insurance is not quite ready yet. The insurance company hasn’t figured everything out, because of Vanderburgh County being named as an additional insured.

Ted C. Ziemer, Jr.: If I may, Mr. O’Hara. What the Commissioners could do, is vote at this meeting to grant the O’Hara’s three use permits, or a use permit on each of three lots, two north and one south, subject to your providing the County Attorney with a check for $750, plus a certificate of insurance naming Vanderburgh County for liability insurance in the amount of, a minimum of $100,000, and then you could authorize the President to sign the use permit when we receive that.

Commissioner Tornatta: I make that in the form of a motion.

Commissioner Nix: Second.

President Korb: The question I have is, is there a time line on this guys?

Ted C. Ziemer, Jr.: Well–

President Korb: Just open ended? Whenever he decides he wants to do it?

Ron O’Hara: It would be within the next 30 days.

President Korb: Okay.

Ted C. Ziemer, Jr.: Alright, and then your use permit will be effective from the time we issue it, there will be a date on it, and then it will be good for one year, subject to termination by the county for any illegal activity on the property and so forth. But, it will be good for one year, and then you will have to renew it, come back to another County Commissioners meeting, and it will be up to the County Commissioners at that point in time to determine whether they want to renew it or not. But, you will have it for one year at the very least.

Ron O’Hara: Alright.

Commissioner Tornatta: Let’s change that motion to our second meeting in December, which would be December 16^th.

President Korb: Sure, that’s great. I like the time line. Second?

Commissioner Nix: I do.

President Korb: Great. Discussion?

Ted C. Ziemer, Jr.: What’s that going to mean? December 16^th?

Commissioner Tornatta: It has to be completed by then.

Ted C. Ziemer, Jr.: Oh, by December 16^th.

President Korb: I don’t want to leave this open ended until ad nauseam.

Ted C. Ziemer, Jr.: Sure. So, you understand you have to get your check to my office, and see either me or Kathryn Schymik, that’s the young lady you talked to earlier, with your check and your certificate of insurance. We will, in the meantime, proceed to get the special use permits ready, and, we’ll, in fact, get them signed, but we won’t deliver them to you until we receive that.

Ron O’Hara: Right, and just as soon as the insurance company gives me the certificate of insurance for me, for you, I’ll be down to see you.

Ted C. Ziemer, Jr.: Okay.

President Korb: That would be great. Thank you very much for coming. Appreciate that. Ad nauseam means a long, long time.

Commissioner Nix: Okay, thank you. I’ll have to look it up when I get home.

Dave Reis: I guess that means I only have until the 16^th?

President Korb: Hold on one second. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

Dave Reis: I only have until the 16^th then to come up with all that stuff?

Commissioner Tornatta: Well, hold on, that’s only if we vote on giving you the two lots, if you accept the two lots.

President Korb: We would give you the same consideration of 30 days. So, I mean, once you decide you want to do that, but I would encourage you to make that decision by our next meeting.

Dave Reis: Okay.

President Korb: Otherwise, I’ll make the motion myself to rescind the offer.

Dave Reis: Okay.

President Korb: I don’t see why this is so complicated for you. They need access, that’s why they’re being given three lots. It’s pretty common sensical. You’re having a hard time with that, and I respect that, but at the same time we’re giving you two lots, you want the two lots or you don’t. That’s what you need to come to terms with.

Dave Reis: I just want to be fair.

President Korb: Well, we think we’re being very fair.

Dave Reis: That’s what it’s all about.

President Korb: Okay, great, good.

Ted C. Ziemer, Jr.: Just so we understand, have you determined to take the two lots?

Dave Reis: I will tell you by the next county meeting.

Ted C. Ziemer, Jr.: Okay. Thank you.

Dave Reis: I can call you?

Ted C. Ziemer, Jr.: No, no, you’ll need to come to the Commissioners meeting.

Dave Reis: Come to the meeting?

Commissioner Tornatta: The 18^th.

Dave Reis: Okay.

President Korb: That’s all you need to do.

Commissioner Nix: That’s a week from today.

Dave Reis: Okay.

President Korb: Old business? Any old business?

Commissioner Tornatta: New business, real quick.

President Korb: Oh, are we still on new business?

Commissioner Tornatta: Yeah, if we could.

President Korb: Sure.

Commissioner Tornatta: Pigeon Creek, I messed that up before. Pigeon Creek Greenway has a board, and they expired, the board positions expired October 31, 2008, and I would like to recommend that we go back with the people who were on the board from the county, Ann Ennis, Lester Steinmetz, Steve Craig, Fred Padget, and Blaine Oliver, and I make that in the form of a motion.

Commissioner Nix: Second.

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

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

Commissioner Tornatta: Thank you.

President Korb: Now, they will not be serving ad nauseam, Commissioner Nix. They will be serving for a year, okay? Any other new business? No? Hearing none.

President Korb: Old business? Guys, any old business? No? Super.

President Korb: Public comment? Anybody out there want to say anything to us?

Unidentified: You’re doing a great job. Thank you.

President Korb: Well, you’re very kind and gracious and we appreciate that more than you know.

Commissioner Nix: Yeah, you tell him that with three meetings left.

President Korb: Yeah, that’s real nice.

Commissioner Nix: I’m sorry.

President Korb: Consent items. Oh, my goodness sakes. Consent items, anybody, let’s go ahead and vote on those. What am I thinking?

Commissioner Tornatta: I was just curious.

President Korb: Sure.

Commissioner Tornatta: Bill, on the Old Courthouse project, what do they have going there?

Commissioner Nix: Hang on a second, let me look.

Marissa Nichoalds: That was for the (Inaudible).

Commissioner Nix: Window treatments?

Commissioner Tornatta: Okay.

Commissioner Nix: Yeah, that was an extra, window treatments–

Marissa Nichoalds: That was actually in the county’s favor. We actually spent $9,000 less than we were budgeted.

Commissioner Nix: It was a credit.

Commissioner Tornatta: Okay, great.

Commissioner Nix: I’m sorry. I knew there was a couple, okay.

Commissioner Tornatta: Okay, motion to approve the consent items.

Commissioner Nix: Second.

President Korb: Discussion? Hearing none. The meeting is adjourned.

(The meeting was adjourned at 5:30 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the October 21, 2008 Commission Meeting Minutes.

Key Government Pay Req. No. 5: Networking System.

Change Order: Old Courthouse Ballroom.

Smoking Ordinance Support Letter: Vand. Co. Medical Society.

Smoking Ordinance Support Letter: Vand. Co. Health Department.

Wright & Shelton Settlement Agreements: Green River Road.

Boeke & Arvin Condemnation Settlements: University Parkway/Green River Rd.

October 21, 2008 Department Head Meeting Notes.

Employment Changes:

Health Department (1)              Burdette Park (2)            County Highway (1)

Public Defender (1)                  Election Office (1)           VCCC (3)

Sheriff Office (1)                       Auditor (1)                       Treasurer (1)

Circuit Court (1)

Travel Requests:

Health Department (7)              Commissioners (2)         Auditor (1)

SWCD (1)                                 Burdette Park (3)            Treasurer (1)

County Engineer: Pay Requests No. 63 & 64: Green River-Burkhardt TIF Projects.

Treasurer: Year-to-Date Report: September 2008.

Auditor:

Barrett Law Lien Releases: (5) Old State Road & (1) Oak Hill Barrett Law.

Knight Township Fire Department CDBG Certificate of Completion.

Health Resources 2009 Employee Dental Benefit Renewal Letter.

November 2008 A/P Vouchers.

County Clerk: Monthly Report: September 2008.

Health Department:

Memo Regarding Trade-In on Xerox Copier: Approved at 3/18/08 Meeting.

Surplus Letter: Miscellaneous Computers.

Area Plan Commission: 2009 CRS Recertification.

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer

Those in Attendance:

Jeff Korb                                   Bill Nix                                      Troy Tornatta

Bill Fluty                                    Ted C. Ziemer, Jr.          Marissa Nichoalds

Madelyn Grayson                     Royce Sutton                            Debbie Spalding

Mike Duckworth                        John Stoll                                  David Reis

Ron O’Hara                              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.)