VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

NOVEMBER 13, 2007

The Vanderburgh County Board of Commissioners met in session this 13^th day of November, 2007 at 3:31 p.m. in room 301 of the Civic Center Complex with President Bill Nix presiding.

President Nix: Good afternoon. I would like to call to order the Vanderburgh County Commissioners November 13, 2007 meeting. It’s 3:31. I will ask to start with introductions to my far right.

Marissa Nichoalds: Marissa Nichoalds, Superintendent of County Buildings.

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

Commissioner Korb: Jeff Korb, County Commissioner.

President Nix: Bill Nix, County Commissioner.

Commissioner Tornatta: Troy Tornatta, County Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

President Nix: If you would please join me in the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

Commissioner Korb: These are our shadows. Come on up.

President Nix: I would like to also welcome a couple of shadows today from local high schools. Please, we need an extra chair over there.

Commissioner Korb: Are you, Taylor?

Taylor Speciale: Yes.

Commissioner Korb: You’re stuck with me.

President Nix: And you are?

Katie Clevidence: Katie.

President Nix: Katie, okay. Have a seat here. With us today are a couple of shadows. Would you introduce yourselves?

Katie Clevidence: I’m Katie Clevidence from Harrison High School.

President Nix: And you are.

Taylor Speciale: I’m Taylor Speciale from Harrison High School.

President Nix: Thank you. Go Warriors!! You did say Harrison also?

Taylor Speciale: Yeah.

President Nix: Okay, good. Thank you. There you go.

President Nix: The first action item is to open bids for the Wedgewood Room renovation. Mr. Ziemer?

Commissioner Tornatta: So moved.

President Nix: Do you want to second that?

Commissioner Korb: Yeah, I’ll second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Thank you.

President Nix: The first action item is Mr. Phil Wolter to discuss briefly a fundraiser at the Old Courthouse. Mr. Wolter?

Commissioner Tornatta: Phil, you need to press that little purple button, I believe.

Phil Wolter: Thank you, Commissioners, and good afternoon, ladies and gentlemen. Yes, I am here to discuss another Courthouse item here. I just want to give a little bit and a very brief wrap up on this years Halloween attraction, which, of course, is the Old Courthouse Catacombs haunted house, and the children’s non-scare fundraiser. As we conclude our 18^th year as a tenant of the Courthouse, we continue to solidify our reputation as the tri-state’s best, scariest and most fun Halloween event. In fact, last month the Courier and Press ran a feature story, as well as the last two years, they’ve done an editorial describing the Old Courthouse Catacombs Halloween event as a fun filled, well organized fall tradition, and that Halloween in the tri-state just wouldn’t be the same without it. We’re also a sponsor of the children’s trick or treat festival on the walkway. This years children’s non-scare show raised an additional $722 for the Courthouse Foundation Board. Hopefully, the additional funds will help with the renovation of the Courthouse. We highly commend the Commissioners for their continued effort to restore and preserve this magnificent structure. Our entire staff looks forward to returning next year to help make the children’s fundraiser an even greater success, and we respectfully request a three year extension of the lease. Thank you very much for your support and consideration.

President Nix: We appreciate everything you’ve done for, I guess, the Old Courthouse, and it kind of keeps some activity going on down there.

Phil Wolter: Well, there’s some.

President Nix: As far as the lease, we don’t have a lease, Mr. Ziemer, we have nothing in front of us as far as a lease? Basically, you’re just asking us to consider a three year lease–

Phil Wolter: Yes.

President Nix: –when the lease is up? The lease is up in?

Phil Wolter: I believe December 31^st.

President Nix: The 31^st. Okay, and we will take a look at that.

Phil Wolter: Okay.

President Nix: Okay.

Commissioner Tornatta: I commend you on at least bringing something back. We know what the contract of the lease is, but then you do offer that check back to Vanderburgh County. So, we do appreciate that for the non-scare children’s event.

Phil Wolter: We increased that attendance quite a bit this year, and with increased, next year we’re going to put a little more promotion with that, and we think we can really drive that up even a little bit further for you all.

Commissioner Tornatta: And, how much have you raised from that event since you’ve put it on?

Phil Wolter: Well, the first year it went, it was just $500, then it went up $722 this year. We think we can keep bringing that, with a little better promotion, to a higher number. No telling what, because there’s about 20,000 kids and parents that come down. Now, all the people that do come through, they don’t all go through that Catacombs for the non-scare show, but what we do is kind of give a history of the building and tell them a little bit about the preservation and restoration as well. So, there’s a lot of parents and kids come through.

Commissioner Tornatta: Thank you, Phil.

Phil Wolter: You’re welcome.

President Nix: The next action item is the permission to award the quote for calcium chloride to Busler Enterprises. Ms. Debbie Spalding is here to discuss this. Good afternoon, or, yeah, good afternoon.

Debbie Spalding: Good afternoon. How are you?

President Nix: Fine.

Debbie Spalding: I’m here today to ask permission to award the calcium chloride for the 2007-2008 year. Last year we didn’t have a whole lot of snow, so, there wasn’t a whole lot of need to buy calcium chloride. I do understand that Mike Duckworth at the County Highway has some beet juice still available. But, should he decide, I think they maybe were going to do some testing to see the effectiveness of that versus the calcium chloride. So, should he run out of beet juice and decide that this is a better bargain at $1.24 a gallon, we would like to ask for your permission to award to the low bidder. There were five companies that we solicited quotes from. This is actually a reduction in the amount that they charged last year. You don’t get to say that very often.

President Nix: Yeah, really.

Commissioner Korb: They have a steady, already, stream of product for us whenever, we just buy it on an as needed basis, is that right? Or do we stock it?

Debbie Spalding: Yes, they have a minimum, I believe, it’s 4,000 gallons that you have to buy at one time. Then it’s stored on an as needed basis.

Commissioner Korb: Okay.

President Nix: Any other questions from the Commissioners? If not, I will entertain a motion.

Commissioner Tornatta: So moved.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign.

Debbie Spalding: Thank you.

President Nix: Thank you.

Commissioner Korb: You’re welcome.

President Nix: The next action item is the first reading of CO.11-07-014. It’s the Criminal Justice Planning Committee ordinance. I don’t know, Sheriff, if you had anything you wanted to say about this ordinance? This is the first reading.

Eric Williams: Sheriff Eric Williams. Number one, thank you for considering this. I’m sure you’re all aware that the Criminal Justice Planning Committee has been meeting for several years. It was reimplemented at the beginning of this year to discuss ongoing criminal justice issues. Through its duration we’ve talked about the formalization of it to try to maybe get more interest in attending the meetings, to give it some scope, authority and an audience with the various boards in the community to make presentations and recommendations. What I’ve presented to Ted for his review and we’ve come up with is what I think is a good draft to formalize an organization that’s, or at least a committee or a group that would meet monthly that could have a huge impact in county government and city government. I would answer specific questions, but I don’t think it’s any new news to anybody here.

President Nix: Right, okay.

Eric Williams: Other than maybe Commissioner Korb.

President Nix: Questions?

Commissioner Tornatta: No, I mean, it’s a good move. I think it’s a great, I don’t want to say first step, because we’ve been at this point before, but, I mean, it’s an ongoing effort to keep the system in check. We’ve found, since 2000 when we’ve met and when we’ve had those players involved it’s been an asset for the county. So, thanks for taking that lead on that.

Eric Williams: I think having the group meeting on a regular basis, if nothing else, it forces everybody that are stakeholders in the system to communicate on a regular basis, and to keep each other informed of what’s going on. I mean, hopefully, we find that we are operating very efficiently and we’re doing the best we can. Quite often times though we find ways to do what we’re doing better, or how to work together with other people within the system to make ourselves more efficient.

President Nix: Okay, thank you.

Commissioner Tornatta: I have a motion to approve the first reading of CO.11-07-014.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. This will require a roll call vote. Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Nix: Commissioner Korb?

Commissioner Korb: Yes.

President Nix: And I vote yes. Thank you.

President Nix: The next action item is resolution CO.R-11-07-014. This is basically opposing expansion of alcohol outlets. Mr. Ziemer, if you had time right now to address this?

Ted C. Ziemer, Jr.: Yes, I was contacted by Councilman Tornatta indicating that in, well, let’s see when this happened, March 15, 2004, the Commissioners adopted a resolution against expansion of alcohol outlets and specifically with regard to having alcohol outlets in convenience stores. He was interested in having that resolution reaffirmed, and in addition to that, the original resolution, one of the signers was Suzanne Crouch, who was then a Commissioner. Suzanne Crouch is now a member of the General Assembly, and it was his thought that we should include in the resolution that the resolution would be presented to her for presentation by her to the General Assembly. So, I’ve prepared this resolution to accomplish those desires, Mr. Tornatta, and that is the resolution that you have before you.

Commissioner Tornatta: I would just make mention that, and thanks, Mr. Ziemer, for handling that. We want to reaffirm about the gas station outlets. We want to make sure that, you know, alcohol should be purchased responsibly, and we want to make sure that that’s done at all costs. One of the ways that I think you lose sight of that is to provide so many outlets, and so many convenient outlets that it does make it a little bit tougher to police. By doing this we are making a statement that this Board of Commissioners, if all vote for this, will keep those primary vendors, which are grocery stores and liquor stores, if you will, in the hands of those people who work day in and day out on the liquor sales, and not that of those who do not do that and starting out new avenues. Then, as we mentioned, Representative Crouch was the first one to come up with this type of resolution and we would like to send this to Indianapolis to make sure that we can have that on a state-wide basis, or at least have the information out there for the state to vote on.

President Nix: I’ll entertain a motion.

Commissioner Tornatta: So moved.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Will we need a roll call vote for this, Mr. Ziemer?

Ted C. Ziemer, Jr.: Yes.

President Nix: Roll call vote. Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Nix: Commissioner Korb?

Commissioner Korb: Yes.

President Nix: And I vote yes. Thank you.

President Nix: We’re going to go out of turn here just a little bit. Z. Tuley, the Treasurer is here today, and I think she’s got some important business that needs to be tended to. So, Z., if you want to step forward. We do have a, I guess, you’re on the contracts for Lieberman Associates Technologies.

Commissioner Tornatta: I paid my taxes.

President Nix: I paid mine already too.

Z. Tuley: It’s official now.

President Nix: That’s where you were earlier then.

Commissioner Tornatta: Not a minute too soon.

President Nix: What is the date today? No.

Z. Tuley: Today is the deadline day. So, if there are people watching out there, you’ve got just a little bit to get to the bank. You can try to come down to the Civic Center, but when I left my office it looked like the parking lot had to be full, because the office was. So, I appreciate you moving me up, so that I can get back there, because my office is probably mumbling that I had stepped out.

President Nix: That might have been who was in my parking spot today. Go ahead, Z.

Z. Tuley: I thank you. I’m asking you to sign a contract with the Lieberman Group. With so many appeals that are still pending, and resolution hasn’t been coming quickly because of the volume, the delay in the deadline and so on and so forth, we are asking that they work on a project to allow us to post while we are in “piggyback”.

This process is what happens the day after tax deadline. It throws on the penalties, it sets everything in place for the monies collected up to that point. All late payments are set aside for the next settlement. It divides the settlement out for us. In the past, because of this division, once you’re in that mode, you could not post corrections, because the machine really didn’t know where to put them if you did those. So, it would try to put them on the last settlement, and it would throw on false penalties and so forth. So, with Lieberman coming in, they can accomplish this task, it will go and fall in the right settlement that it’s supposed to. We won’t have false penalties applied, and we don’t have to hold up about 4,000, the last time I checked, 4,000 appeals. People will know what they’re going to need to pay, with the exception of the new billing cycle. But, with the way it is now, we would have to take, if we got all 4,000 of them done, and hold those up until April, when we go to roll. Then you have to wait and have everybody locked out of the system while that posting is going on. And, that’s not going to be, it’s not timely, it’s not desirable, and it’s not going to work out very well for anybody. So, I really need this work to be done.

President Nix: Questions?

Ted C. Ziemer, Jr.: I just have one question. The total estimated price of the contract now is $20,160. That amount is appropriated? An earlier amount was $13,400, and I was told that was appropriated. I just want to be sure that the $20,160 has been appropriated.

Z. Tuley: Yes, we have that and more.

Ted C. Ziemer, Jr.: Thank you.

Z. Tuley: If need be, but we’ve got a not to exceed. So, we should be in good shape.

President Nix: Any other questions from the Commission? I’ll entertain a motion.

Commissioner Tornatta: So moved.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Thank you.

Z. Tuley: Thank you. I’ll get back.

President Nix: Mr. Ziemer, if you are ready, we can do the bids at this time.

Ted C. Ziemer, Jr.: Thank you. We only have two bids. The first bid is from ARC Construction Company. Their base bid is $372,890. They make no bid on alternate number one, at least that I could see. Lichtenberger Construction Company has a base bid of $347,920. Their bid for alternate number one is $3,656.

Commissioner Korb: What does the alternate bid number one include, Ted?

Ted C. Ziemer, Jr.: I have no idea.

President Nix: It would be hard to read through. I mean, I’m sure, if Mr. Shoulders is here, I don’t know if you want to address the alternate.

Mike Shoulders: Commissioners, I’m Mike Shoulders, Project Architect. That alternate is for a decorative cover over the return air grill in the probate courtroom across from Wedgewood, so that it’s done at the same time as the one that is going to be done in the Wedgewood Room, so that they will match. Now, it can be done later, and matched later, but that’s about the only work we have across the corridor in that room.

President Nix: And that’s outside the limits of the construction?

Mike Shoulders: Pretty much, yeah.

Commissioner Tornatta: Is this the case we have to vote it today? Or do we–

President Nix: We can take them under advisement.

Mike Shoulders: Yeah, we would like, we would ask that you and our office take these under advisement, along with the attorney make sure that all the forms are there, and that they are good bids and then we’ll come back with a recommendation to you.

Commissioner Tornatta: Motion to take it under advisement.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Thank you.

Mike Shoulders: Thank you.

President Nix: Thank you, Mr. Shoulders.

Commissioner Tornatta: Thank you.

President Nix: We apologize for the delay in that, a couple of weeks behind, but it looks like we’ve got that worked out now.

President Nix: The next action item is County Highway Garage storage building, Mr. Duckworth.

Mike Duckworth: Good afternoon, President Nix, Commissioners, ladies and gentlemen. Mike Duckworth, Superintendent of the County Highway Department.

I come before you this afternoon requesting change orders two, three and four, I believe are the numbers, of the public, I’m sorry, of the storage facility at the County Highway Department. These, the dollars were allocated by, or transferred by the County Council some 30 days or so ago. I was under the impression that we could pay it out of those accounts, but I found out through speaking with Mr. Ziemer that that has to be a part of the actual contract, and that’s the reason for requesting them as change orders at this time.

President Nix: And this will complete the project?

Mike Duckworth: Yes.

Commissioner Korb: This is really stuff we’ve talked about before though, right?

Mike Duckworth: Yes, yes.

Commissioner Korb: Just didn’t have it under the right–

Mike Duckworth: This is no new appropriation–

Commissioner Korb: Yeah.

Mike Duckworth: –no money, it’s just that we had to make it a part of the contract–

Commissioner Korb: Right.

Mike Duckworth: –because of the legal aspect of it.

Ted C. Ziemer, Jr.: And, just to be sure, because we have discussed this, we have three change orders?

Mike Duckworth: Yes.

Ted C. Ziemer, Jr.: Which are issued by the main contractor, who is–

Mike Duckworth: ECI Construction.

Ted C. Ziemer, Jr.: –ECI Construction, and they’ve indicated in those change orders that these are unforeseen circumstances giving rise to these additional costs, and if any other work is, I mean, if any subcontractor is needed to do any of this work it will be a subcontractor of ECI and not of Vanderburgh County.

Mike Duckworth: That’s exactly right.

Ted C. Ziemer, Jr.: Thank you.

Commissioner Korb: Because you were concerned about the bidding process, is that correct?

Ted C. Ziemer, Jr.: Yeah.

Commissioner Korb: Right.

Commissioner Tornatta: Motion to approve.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Thank you.

Mike Duckworth: Just one last thing. Just to let you know, and the folks at home, that we are prepared for snow removal or any inclement weather. As Debbie said, we have the beet juice ready, and, as well as our brine and salt, and we are equipped with equipment that checks the temperature of the pavement as well as the air temperature. We constantly watch weather systems coming through, so, hopefully, we won’t have to deal with that until March or April.

President Nix: Thank you.

Mike Duckworth: Thank you.

President Nix: Wishful thinking.

President Nix: The next action item is Legal Aid Society request to modify office space. I believe Mr. Dave Rector is here from the Building Authority. Good afternoon, Mr. Rector.

Dave Rector: Good afternoon, gentlemen. Dave Rector, Building Authority, here to address any questions you may have. I sent this letter to then Commissioner Musgrave and Mayor Weinzapfel back in July. It’s based off Sue Ann Hartig’s request to take over what we call “the old media room”, and move her lobby on out a little bit further. I’m estimating the cost of construction of about $2,000, which I believe they’ve indicated the would pick up that amount for the renovation. But, the more important thing is that would mean ongoing increased costs in rent to you all. It’s a 50-50 split between city and county. We bill the county and then, I think, in turn you bill the city back, but that would increase the rent of $1,617 a year, or about 800 and some dollars a piece to the city and county. I was just wanting to know if you want to pursue this project, or if you’ve got any questions on it?

Commissioner Korb: This is the space downstairs, isn’t it?

Dave Rector: It’s the space downstairs right across–

Commissioner Korb: The first floor?

Dave Rector: –right around the corner from the snack shop. It used to be used for a media room years ago.

Commissioner Korb: Right.

Dave Rector: Reporters would go down afterwards, type up their reports or call in to the office and that type of thing, and with today’s new technology it’s just not used for that. We have checked with the media and they indicate they don’t have a need for that room anymore.

Commissioner Korb: Great.

Dave Rector: The other thought, I guess, to go into this is, as you all know, there is some thought of that office moving and expanding at some point whenever we do these other renovations in the building, and whether you want to go ahead with this now or wait until a later date.

President Nix: I’m just curious, have you had a chance to talk to the Mayor or the city about this space? This is an all or none? In other words if the city doesn’t want to cooperate then, or, let me rephrase that. If the city doesn’t want to participate, then basically this wouldn’t happen, is that correct?

Dave Rector: Well, I have talked to the Mayor, and it’s under advisement. They’re going to get back with us, but, I guess, on the other hand, if they decide not to, then if the county so elected to pick up all of the increase you could do that. Just offering options. This isn’t my project. I understand her needs. She, her lobby is very crowded at times down there, and they do not have a meeting room at all. So, I’m not making light of the need. It is crowded.

President Nix: I’m just wondering if we couldn’t maybe table this until at some point we hear back from the city and their wishes then.

Commissioner Tornatta: We’ll have a meeting next week, so, if somebody could find out between now and then. I mean, I guess, I feel pretty comfortable with giving them the space. I don’t think that’s an issue on this board. So, it’s kind of up to what the city wants to do, and if they choose to do something, then we can bring it back here.

Dave Rector: I’ll see if we can get a response from them before your next meeting.

Commissioner Tornatta: Okay.

President Nix: Thank you.

Commissioner Tornatta: Thank you, Dave.

Dave Rector: Thank you.

President Nix: Okay, the next action item is the EPA burn ban update. I know that it was quite some time back when we, good afternoon, Dona, it was quite some time back when we put a ban in place. I know that we’ve had some rains, but the ground has been extremely dry. Maybe you have some more information for us today.

Dona Bergman: Thank you, Commissioners, for allowing me to speak. I wanted to take this opportunity to thank Marissa. She’s been super to work with as we’ve tried to coordinate city and county response to the drought conditions. We have had a long, hot summer. I don’t ever recall, at least in my time as director, ever having a burn ban to last this long. Probably we could have lifted it a couple of weeks ago, but we were concerned still regarding the amount of dead leaves and dry brush and dead weeds, and wanted to make sure that fall weather pattern of rain every so often was going to get here and stay here, because it’s, this summer’s been pretty rough. I had actually called a burn ban on August 6^th, and then County Commissioners were good enough to call a declaration of open burning emergency on September 25^th. I thank you for your support on that. I have spoken with Chief Zuber at the Evansville Fire Department, Chief Buckman of German Township, and Chief Kahre of Scott Township. They all believe that conditions have improved enough that we can lift the burn ban. So, if it meets with the Commissioners approval, and you vote to lift yours, I will lift the city’s at the same time.

Commissioner Tornatta: I make a motion to lift the burn ban.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Thank you, Dona. Appreciate it.

Dona Bergman: Thank you, gentlemen.

Commissioner Tornatta: Thank you.

President Nix: The next action item is contracts, leases, or contracts, agreements and leases. I’m going to read these, and if it would be okay with the other Commissioners, maybe we wholesale these as a vote, and if you’ve got anything that you would like to say about any of them, we’ll go from there. Number one is the Drug and Alcohol Deferral Service; the second contract is New Wave Cable franchise extension; the third is the County Sheriff revenue sharing agreement with Holt, Sheets and Associates; the fourth is the Health Department, this is a Medicaid transformation grant agreement; the fifth is the state-local hazardous mitigation grant program; and the sixth is the addendum to the Quantum Health Old Courthouse lease; and we have tabled wage addendum to the collective bargaining agreements, or I ask that we table that; and, then the last one on here, because we have approved the ninth one, the eighth one is the agreement to raze the building at 102 Read Street. The agreement would be with JL Crane. I understand the County Attorney has reviewed this and it is satisfactory from a legal perspective.

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

President Nix: Okay. I will entertain a motion for those. If either Commissioner has any questions or concerns about any of those.

Commissioner Tornatta: I do have a question for the Building Commissioner.

Steve Fuchs: Yes?

Commissioner Tornatta: Okay, the one is for, I believe, the tie downs, is that correct?

Steve Fuchs: Yes.

Commissioner Tornatta: Okay.

Steve Fuchs: The state-local agreement.

Commissioner Tornatta: Pardon?

Steve Fuchs: The state-local grant agreement, yes.

Commissioner Tornatta: Yes. My question is about those who have already essentially taken care of the problem. We had talked to them that they would get some type of remedy or reimbursement.

Steve Fuchs: Yes.

Commissioner Tornatta: Where do we stand in line on doing that? Although I know we’re trying to take care of those who have not secured their mobile housing. What do we do about those people that have done that?

Steve Fuchs: The procedure, the way it’s set up is, that those that have not yet we’ll proceed first. The others are submitting their bills, and after the project comes, you know, to the point where we’ve got Eastbrook done, we will start to pay all those.

Commissioner Tornatta: Okay, so, you’re just looking at finishing Eastbrook at this time?

Steve Fuchs: Eastbrook will be the first target area.

Commissioner Tornatta: Okay.

Steve Fuchs: It’s first.

Commissioner Tornatta: Okay.

Steve Fuchs: It has already launched, okay? They’re starting, we’re starting to do inspections on that one already. They, the other mobile, or modular home park owners have been told to contact the office anytime after December the 1^st.

Commissioner Tornatta: Right.

Steve Fuchs: And that we will get to them. Our project really is that we want to have them done before hazardous weather, you know, season comes this year. So, that’s within the next three months or so.

Commissioner Tornatta: Okay.

Steve Fuchs: You’re talking about having it completed.

Commissioner Tornatta: Two things, I would like to see us not forget those who went out there and took care of their homes. Obviously, that is a big step that they took, out on a limb, not knowing that the grant process was coming, but knowing that they had to do that to secure their family. I think we need to recognize that. And, two, if we could be in communication with the Commissioners office, just let us know how your process is working along the lines of getting Eastbrook done? And, then when we think we might see some of those monies released to those who have already done the work and applied for the grant monies?

Steve Fuchs: Okay.

Commissioner Tornatta: If at all possible.

Steve Fuchs: Some of that is, you understand, once the agreement is signed, then the state, Jan Crider will tell us the procedure we have to go through for the reimbursement.

Commissioner Tornatta: Okay.

Steve Fuchs: That’s not come forward yet–

Commissioner Tornatta: Okay.

Steve Fuchs: – because of the agreement. Dave Ballew already has a manila envelope full of receipts from people. So, I mean, we have started to collect those already to do that very thing. We will be as expedient about that as we possibly can be, but, some of it depends on what the state’s process is.

Commissioner Tornatta: And, just since this has happened around the Christmas season, I mean, however we can do it, if it’s possible, to get out some money released before Christmas would be a nice gesture, if at all possible.

Steve Fuchs: And, again, some of that, because, usually, on a grant, once it’s signed and it goes back, sometimes there’s a 45 to 60 day waiting period before that money is released to the state to distribute from the federal government. So, that’s not always immediate. That will be according to their guideline. We certainly will make every effort we can, but we don’t have control over when that money’s released.

Commissioner Tornatta: Okay, well, I would appreciate it if you would do your best–

Steve Fuchs: Yes.

Commissioner Tornatta: –I would appreciate that. Just stay in contact with the Commissioners on that.

Steve Fuchs: When would you like a progress report? I would be happy to come back at any time you want.

Commissioner Tornatta: Well, I guess, when there’s progress.

Steve Fuchs: Well, we have two inspectors going to spend all day tomorrow out there. So, it’s starting.

Commissioner Tornatta: Yeah, I guess, I’m just talking, I don’t want to lose sight of what’s going on on the Commissioners side. You guys will be working your tails off to get that done, but on our side we just want to see how things are going, how they’re progressing and if at all there’s a potential to get some of that dispersed.

President Nix: If someone’s had the work done already, they turn in their receipts, there’s a cap on that as far as spending. What is that cap? So, that everyone knows that.

Steve Fuchs: I don’t know what the cap is.

President Nix: And, the work has to be done by a licensed contractor in Vanderburgh County.

Steve Fuchs: Exactly.

President Nix: Or the City of Evansville.

Steve Fuchs: Exactly.

President Nix: I guess, those are two things that need to be clear, that people just can’t send in receipts and say this work’s been done and pay me, so.

Steve Fuchs: Right, they, in order to receive that reimbursement, they would have to have a permit on file that they had it done, and, you know, they’re getting an inspection. So, those things, just like anybody else who does a repair to their home, have to be in place. They would have to have a permit, they would have to have the inspections. Then they would, you know, their receipt would be turned in and the would be reimbursed.

President Nix: Up to a certain limit.

Steve Fuchs: Yes.

President Nix: You don’t have that?

Steve Fuchs: I don’t know what the limit is. But, there will be also names of licensed contractors that people can call the office and get a name if they need to know who can do that strapping for them.

President Nix: And that phone number is?

Steve Fuchs: The permit desk is 436-7869.

President Nix: Okay, great.

Steve Fuchs: No, 7867.

President Nix: That sounds right. 67? Okay.

Steve Fuchs: Yeah, 69 is the fax machine.

Commissioner Tornatta: We can actually put a little blip on our Commissioners website. So, we’ll have that on our Commissioners website, and be able to funnel that through.

Steve Fuchs: Okay. Any other questions?

Ted C. Ziemer, Jr.: Just a comment. I have, of course, read the grant agreement, and the project is described on exhibit B, and the project describes homeowners retrofitting the anchoring on their trailers and using a list of contractors that are approved by the Building Commissioner, and then the Building Commissioner is going to be presenting those contracts. The contract is going to be between the Building Commissioner and the contractors who are then going to go out and do this work. Those contracts are going to have to be submitted, they have to be signed by the county, they will have to be submitted to me for review. It does not say anything in the project description about reimbursing people for doing their own retrofitting prior to this grant being adopted. So, that doesn’t mean it can’t happen, but it means you do need to take it up with Jan Crider, and the State of Indiana Homeland Security will have to approve such payments for them to be made under the grant.

Steve Fuchs: Exactly. Now, if they have had it done by a licensed contractor and have the bill from that contractor, like I said, and have a permit and have an inspection, then that does make it acceptable. You know, if they’ve done it on their own as a homeowner then that will be, I’m sure, considered on an individual basis, and the state probably will have to look at those.

President Nix: Thank you, Mr. Fuchs.

Commissioner Korb: Just a question, an average cost to do this is what per structure? Ballpark?

Steve Fuchs: Okay, I’ll let Dave...this is Dave Ballew, structural inspector, or code enforcement inspector for us.

Dave Ballew: The average cost is about $35 per tie down. On average, what I’m seeing in the field is between $600 and $650 per manufactured home.

Commissioner Korb: Okay, so, I just wanted to know about how many homes we’ll be able to service with this. Ted, are you asking for that to be in writing though from Mrs. Crider?

Ted C. Ziemer, Jr.: No, I’m not. I just want it to be, the grant is the grant, and it describes the project, and any variance from that description will have to be between the Building Commissioner and the Department of Homeland Security. I suspect they would put that in writing.

Commissioner Tornatta: Yeah, and, of course, Roger has kind of promoted that as part of the project, that we would look to do that. So, that has been promoted. The thing that’s not been promoted is how and who’s first in line. So, they’ve been working to try and get that done. I just want to promote to them that we challenge them to try and take those others as quickly as possible, to get them reimbursement, if they qualify.

Steve Fuchs: Right.

Commissioner Tornatta: And only if they qualify.

Dave Ballew: Just to give you a brief update also, so far I’ve inspected approximately 45 homes in the Eastbrook Subdivision. One of the biggest hindrances I’m finding right now is the skirting that goes around the home is secured. So, that’s why I’m working with another inspector tomorrow to try to expedite things.

Commissioner Tornatta: That’s, it’s normally a $25 fee, and we’re waiving that fee.

Dave Ballew: Yes, the permit, correct.

Commissioner Tornatta: That will be part of our due diligence.

Steve Fuchs: And, as Dave spoke last night on television, I think, we are encouraging homeowners to take a section of skirting off so that our inspectors can expedite this and make this quicker and better. We’re finding that most of them are not doing that. So, if homeowners hear this, if they could do that, that would really speed the process along.

Commissioner Tornatta: Have you sent out a letter to any of the owners of the complexes? Just to kind of filter that through, to let them know if they can help us out, that’s one thing. We’re waiving a fee on that, and we would like for that to go as quickly as possible, to try and knock out as many homes as possible.

Dave Ballew: Yeah, definitely. The owners of Eastbrook did receive a letter, and they actually sent out a handbill, you know, this past weekend for us.

Commissioner Tornatta: Okay. Thank you.

President Nix: Thank you.

Dave Ballew: Thank you.

Commissioner Tornatta: On that, I make a motion to approve all these contracts and leases.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Thank you.

President Nix: The next action item is department head reports. John Stoll, County Engineer.

John Stoll: The first item, I would like to request approval to go to County Council to make a number of transfers to the First Avenue Bridge over Pigeon Creek. The accounts that the funds will be transferred from are as follows; Baseline Road Culvert, account number 2030-4330, the transfer amount will be $66,000; 2030-4335, Kuebler Road Bridge 1160, the transfer amount is $48,000; 2030-4376, Green River Bridge number 711, $350,000; 2030-4410, St. Joe Bridge number 1921, $200,000; 2030-4418, St. Joseph Avenue Bridge number 1924, $15,000; 2030-4419, Bromm Road Culvert, $10,000; and 2030-4421, Boonville-New Harmony Road Culvert, $49,000. All these projects are either completed or they will not be done at all during 2007, and these funds will be needed to do the repairs on the First Avenue Bridge, which basically will consist of constructing new bridges on the approaches to the existing First Avenue bridge. This total is $738,000, that will not be sufficient to cover the entire project cost based on the current consultant estimates. So, I plan to carry this money forward to 2008, then we’ll have to go back to County Council and get another appropriation later once we know a final estimated project cost. But, I would like your approval to go ahead and make those transfers.

Commissioner Tornatta: So moved.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Hey, Mr. Stoll, if you would, just so the public knows what’s going on out there, just a brief summary, and why the county is in the city doing work.

John Stoll: The county is doing the work because the county is responsible for all bridges within Vanderburgh County whether they’re within city limits or not. So, that’s why the county is doing that work out there on the First Avenue bridge. Basically, the scope of work for this project is to address the ongoing settlement problem that we’ve had out there on that bridge. The northwest corner has been the biggest problem. It’s been patched repeatedly, and, basically, some soils work was done out there and it was found that there are some soils that are in very poor condition, they’re very poor soils, they won’t support the road, which, in turn, they’re deep enough that there’s no practical way of excavating it out. So, they came back with the recommendation to build a new bridge in advance of the existing bridge in order to just cross over it, to where now the road approach won’t be resting upon those poor soils. That, like I said, will be a substantial cost that’s estimated to be over $800,000. I would like to get this to construction sometime next year, but part of that hinges on utility relocations, because there are water lines, sewer lines, phone lines, and a gas main out underneath that bridge as it stands now. The work that’s going on out there this week is, AT&T is locating all their phone lines, so that way we can see whether or not the consultant can design around those and have them avoid relocating their lines, their phone lines at a substantial cost to them, and potentially a significant delay to the project. So, once they know that, then the consultant can finalize the bridge plans, and, hopefully, sometime next spring or next summer we can, hopefully, get this to construction.

President Nix: Thank you. Anything else, John?

John Stoll: Yeah, the next item is approval of right-of-way offer on the Cross Pointe Boulevard project. This is parcel ten. It’s owned by Colonial House Motor Inn, Incorporated, and the offer amount is $25,700.

Commissioner Tornatta: Motion to approve.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Thank you.

John Stoll: Next, I have a street acceptance request for section one of Liberty Estates Subdivision. The streets are 582 feet of Strathmoor Drive, and 229 feet of Quill Drive.

Commissioner Korb: Motion to approve.

Commissioner Tornatta: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Thank you.

John Stoll: Then I have a street acceptance request for section two of Liberty Estates. This is 382 feet of Mayflower Drive, 686 feet of Patriot Drive, and 279 feet of Quill Drive.

Commissioner Korb: Motion to approve.

Commissioner Tornatta: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Thank you.

John Stoll: Next, I have a storm sewer acceptance request for section three of Havenwood Meadows Subdivision. This request is for 284 feet of 12 inch pipe, 202 feet of 15 inch pipe, 20 feet of 18 inch pipe, 355 feet of 21 inch pipe, for a total of 861 feet of pipe. These are all located outside of street rights-of-way. The developer has paid the two dollar per foot fee, for a grand total fee of $1,722. So, I would request acceptance of those pipes.

Commissioner Tornatta: So moved.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Could you hold just a second, Mr. Stoll–

John Stoll: Sure.

President Nix: –to change a tape?

(Tape change)

John Stoll: Next, I have a request for the Green River Road project. This is parcel 14. It’s owned by Thomas and Elizabeth Titzer. The property owners have requested an additional $74 on their offer amount to make their final offer $824, instead of $750. I would recommend approval of that revision of their offer so we can acquire this parcel.

Commissioner Tornatta: So moved.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Thank you.

John Stoll: Then, next, I have a request from the Sater Family Partnership, who owns parcel seven on the University Parkway project. They obtained an independent appraisal, and based on their appraisal, they are requesting an additional $157.21, for a grand total offer of amount of $1,857.21. I would request approval of that amended offer.

Commissioner Korb: So moved.

Commissioner Tornatta: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Thank you.

John Stoll: The last item I have is for a project that was completed last week. We received a letter from Ragle, Incorporated regarding a time extension request on the completion of the St. George Road bridge. The reason I bring this to you now is there was no meeting last week, but their completion deadline was October 31^st. They requested an additional 10 calendar days. They actually finished in seven calendar days, which was last Wednesday. So, I would request approval of their seven day extension, so that way they aren’t assessed any liquidated damages. The reason, the primary reason why they ran over their allotted contractual amount of days was there was additional bridge deck patching that was unforeseen when the project was originally awarded. So, I would request approval of the seven day extension.

Commissioner Korb: So moved.

Commissioner Tornatta: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Thank you.

John Stoll: That’s all I have unless you’ve got any questions.

President Nix: Thank you, Mr. Stoll.

John Stoll: Thanks.

President Nix: Following department heads, Ted, Mr. Ziemer?

Ted C. Ziemer, Jr.: Yes, sir. Thank you. You’ll recall that early this year the county received an offer from the State of Indiana to sell two parcels of real estate out by the intersection of Waterworks Road and Highway 41 to the county for a given price. We negotiated with them regarding that price, and finally it was agreed that the price it would be offered for would be $10,000. Subsequent to that, the $10,000 needed to be appropriated by the County Council. They requested that there be a phase one survey done on the property for environmental hazards. We did perform such a survey. After that there was some questions that developed as to actually what the property would be used for, even though it was some 70 acres of property being acquired for $10,000. One discussion was using the property as wetlands, then Mr. Jeffers had some thoughts that perhaps it might not actually be suitable for wetlands. So, there was a fair amount of give and take as what this property might be used for, if it was acquired for $10,000. In the meantime, the Soil Water and Conservation District of Vanderburgh County became aware of the offer for the property, indicated that they would be willing to take over the county’s position in acquiring this property from the State of Indiana, and at the same time would be willing to accept a donation from a local contractor who was willing to donate either to the county or to Southwest, or to Soil and Water Conservation District about 50 acres that unites the two parcels making up the 73 acres. They are still willing to do that. I have e-mailed and then phoned the representative of the State of Indiana relative to their offer to sell this property to the state. That gentleman has not yet gotten back to me. There is some urgency, especially with regard to the donation of the property that this transfer be completed during calendar year 2007. Since you will be meeting only next Tuesday, and not after that until December, and in the interest of perhaps getting this initially accomplished this week, assuming that I can talk to the representative from the State of Indiana, I would like to suggest to the Commissioners that they adopt a motion to approve the transfer of their rights as the purchaser of this property from the State of Indiana for $10,000 to the Soil and Water Conservation District, and that in addition to that the Commissioners authorize Bill Nix as the President of the Commission to sign any and all documents which might be required by the State, or by the Soil and Water Conservation District to effectuate that transfer. That’s the motion that I would suggest that you adopt, and if you do that, then I will continue in contact with Mr. Charlie Bell of the State of Indiana. As soon as I get my marching orders from the state, I’ll prepare an appropriate document for Mr. Nix’s signature.

Commissioner Korb: So moved.

Commissioner Tornatta: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Was that an aye?

Commissioner Korb: That was an aye.

President Nix: Okay, thank you. Mr. Ziemer, do you have anything else?

Ted C. Ziemer, Jr.: I don’t.

President Nix: Mr. Craig? Nothing? Any other department heads? We have no board appointments today.

President Nix: The next action item is new business. This is discussion of county long distance and directory assistance calls. Mr. John Staples is here from MRC.

John Staples: Excuse my voice, I’m getting over a cold. We met with Commissioner Korb on Friday of last week, and we had just implemented a telephone system here with the city-county and we’ve been investigating telephone bills with Marissa and Kristin. We found some interesting facts that the county has been paying several different long distance companies different rates, in fact, and, as we’ve been working with AT&T brought an offer to the table of lowering the long distance rate from the current rate of six cents that we’re paying with Quest, or the county’s paying with Quest, I should say, down to three cents a minute. That’s basically it right now. There’s no contracts, there’s just basically investigative work being done right now. Whether there is an contracts with Quest, there is no current contract right now.

Commissioner Korb: Okay, so, we’re not obligated to any other long distance company?

John Staples: That’s correct.

Commissioner Korb: Did you talk to the city to see if they were willing to join with us on that?

John Staples: Not yet. The county would get the biggest benefit from this right now. The city is currently with AT&T.

Commissioner Korb: Right.

John Staples: They’re currently paying four cents a minute.

Commissioner Korb: Right.

John Staples: So, it would drop down to three.

Commissioner Korb: Are they under contract, do you know, John?

John Staples: Their contract could be amended. They are under contract with AT&T though, correct.

Commissioner Korb: Okay. Great. I told the Mayor that somebody would be approaching him with that. So, he’s aware of it.

President Nix: John, if you could, I don’t want to, work through Matt Arvay on that if you could please.

John Staples: Yes, I am.

President Nix: Okay, great.

Commissioner Korb: John’s here today because Matt’s out of town?

John Staples: That’s correct.

Commissioner Korb: Yeah, so, he’s all in.

John Staples: Thank you. Just for your information, what kind of spending currently is about $600 a month the county spends on long distance. Just so the average savings could be between $250 and $300 a month.

Commissioner Korb: The long distance contract with AT&T, would that require a contract?

John Staples: I’m sorry?

Commissioner Korb: The long distance contract with AT&T, will that require a contract? Or is that just a we’re doing everything with you all so we’ll give you a reduced rate?

John Staples: No, basically, it would be a contract, yes.

Commissioner Korb: Okay. So, you’ll bring that back to us when you get something settled?

John Staples: Yes. It was informational, yes.

Commissioner Korb: Okay.

President Nix: Appreciate your work on that, Commissioner.

Commissioner Korb: You’re welcome. Had a great meeting with them.

John Staples: Thank you. You also had a request about directory assistance?

Commissioner Korb: Correct?

John Staples: That’s a separate item. Do you want me to cover that now?

Commissioner Korb: Go ahead.

John Staples: Okay. I have some information from AT&T regarding what can be blocked from AT&T’s side. Basically, if you use directory assistance, if you call 411 from the county, you can currently do that and request a telephone number and for an additional fee they’ll connect you. They cannot technically block that from their side. But, what I think we discussed during the site meeting that we had is maybe you would craft some sort of policy or something stating that wouldn’t happen. Technically, AT&T cannot do that. It would have to be done through a policy internally.

Commissioner Korb: So, we can’t do that through the phone system that we purchased either, is that correct?

John Staples: The, yes, the 411 can be blocked, but the old Centrex lines cannot be blocked.

Commissioner Korb: Okay.

John Staples: The phones that have not been cut over to the new system.

Commissioner Korb: So, the old Centrex lines would be the ones that would still have the capability of doing that?

John Staples: That’s correct.

President Nix: And–

Commissioner Korb: I’m sorry. Go ahead.

President Nix: No, no. I’m sorry. Go ahead.

Commissioner Korb: Well, we’re spending about $1,500 a month.

John Staples: It’s quite a bit. I don’t know the exact dollar amount. I would have to ask what the dollar amount is.

Commissioner Korb: That’s what our Administrative Assistants came up with.

John Staples: Oh.

Commissioner Korb: It’s that range between $1,200 and $1,500 a month.

John Staples: Well, then, that’s quite a bit. I didn’t know it was that much.

President Nix: What percentage of our phones are still on Centrex?

John Staples: There’s quite a few fax machines. Of course, that’s 411, but, off site locations. There’s not that many. There’s maybe 300 phones. That sounds like a lot, but there’s about 800 phones that the server–

President Nix: But, otherwise you could block, the new system could be blocked then, is that correct?

John Staples: The only thing that can’t be blocked is the 555-1212. So, basically, if you call information to Indianapolis, 317-555-1212, we can’t block that on the telephone system here, because there’s too many area codes to block. It’s not feasible to be done.

President Nix: Right.

John Staples: 411 pretty easy. We can just block if you dial 9-411, then you can’t–

President Nix: So, then what are our options then?

John Staples: Basically, on your options, you could create a policy and say that if you were to go against this policy of the county that you do not use directory assistance, or you’ll pay for it, I believe is what....didn’t you say that during the meeting?

Commissioner Korb: We had talked about that, but, I guess, my question isn’t where Bill’s going is with the new phone system can we at least block the 411 that’s a switching–

John Staples: The 411 on the new system, yes.

Commissioner Korb: And, the 555-1212, we can’t block, which addresses Mr. Jeffers concern this afternoon in the executive meeting about long distance directory assistance?

John Staples: Right.

Commissioner Korb: Okay.

Commissioner Tornatta: But, we can bill that back to the offices.

Commissioner Korb: Absolutely.

President Nix: The departments?

Commissioner Korb: Right. What we had discussed, John, was that some of the departments were just ordering their own phone lines and their own phone systems and their own long distance, and that’s what we had talked about. You have to come through the Commissioners office–

John Staples: Yes.

Commissioner Korb: –and then you would be directly billed for that.

John Staples: Oh, as far as ordering new telephone service or disconnecting telephone service?

Commissioner Korb: Correct.

John Staples: Yes, I would recommend that if I spoke with AT&T to make certain that they could name certain individuals to kind of force them through the Commissioners office, or whatever office.

Commissioner Korb: Okay.

John Staples: They said they could do that.

Commissioner Korb: Do we need to give John a directive for the 411, Commissioners?

President Nix: I really would like to see something, I guess, more, not necessarily a proposal, but something in writing that we, you know, instead of just–

Commissioner Korb: Doing it?

President Nix: Yeah. You understand what I’m saying? So, we understand exactly what we’re going to be doing. We don’t, you know, shoot our foot off here.

John Staples: Exactly.

Commissioner Tornatta: Why, I would say in the same letter, too, we would want to go ahead and address a policy on how we would run the whole system, which if we were going to bill back the county offices or the departments, how we would do that, and how that would be addressed.

President Nix: I would bet that most county employees and most employees that work in businesses don’t realize there is a cost for that. I mean, you pay for it at home, but maybe you think it’s free in, you know, here and in the courts building, or in , you know, businesses where you work. In fact, it does cost money to do.

John Staples: It does. It ‘s expensive, yes.

President Nix: That’s a pretty good chunk of money you’re looking at $1,200-$1,500 a month.

Commissioner Korb: Yeah, so, I mean, if you would just craft that for us and have it for us at our next meeting.

John Staples: Certainly. Is that next Tuesday?

Commissioner Korb: Yes.

John Staples: Sure.

Commissioner Korb: Yeah, and if you need to get with Marissa or with Kristin to craft that language that would be fine.

John Staples: Okay.

Commissioner Korb: Okay. However you want to do that.

John Staples: Alright.

Commissioner Korb: So, essentially, we’re looking at blocking the 411 on our system, minus Centrex, allowing the 555-1212, but it will be billed back to your department, and what was the other thing? Oh, directions of all future phone orders and line disconnects will be funneled through the Commissioners office. It’s not a control freak thing, it’s jut we’re trying to manage our money.

John Staples: Correct.

Commissioner Tornatta: Well, if you can cut out $15,000 a year, that’s a chunk of change.

Commissioner Korb: And not even trying hard.

John Staples: Exactly.

Commissioner Korb: And, I think also in that light, if you can, I don’t know, guys, is this how it goes out to the county, explaining to them why we’re doing it so it just doesn’t show up and say we’ve stopped.

President Nix: Well, I think we could do that through a county all e-mail.

Commissioner Korb: Great, great.

President Nix: That probably ought to be something we could do after next week’s meeting.

Commissioner Korb: Super.

John Staples: Alright.

Commissioner Korb: Well done. Thanks, John. I appreciate it.

President Nix: Thank you.

John Staples: Thank you.

President Nix: Any other department heads? Like I say, seeing none. We have no board appointments. Any other new business?