VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

NOVEMBER 14, 2006

The Vanderburgh County Board of Commissioners met in session this 14^th day of November, 2006 at 3:30 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: Good afternoon. I would like to call to order the November 14, 2006 meeting of the Board of Commissioners of Vanderburgh County. It is approximately 3:30. We will start with introductions on my right.

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

Commissioner Nix: Bill Nix, County Commissioner.

Maria Nelson: Maria Nelson, Mater Dei High School.

President Musgrave: Cheryl Musgrave, County Commissioner.

Commissioner Shetler: Tom Shetler, County Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

President Musgrave: Would you please join me in the Pledge of Allegiance?

(The Pledge of Allegiance was given.)

President Musgrave: I would like to start this afternoon with a proclamation for Curt Wortman, a long term member of County Council who recently died. Commissioner Shetler will read the proclamation.

Commissioner Shetler: Thank you.

“Whereas, Curt Wortman served seven consecutive terms as Vanderburgh County Councilman, an event unprecedented in recent history; and, Whereas, Curt Wortman gave nearly three decades of his life to serving the citizens of Vanderburgh County by providing leadership in government; and, Whereas, Curt Wortman represented his constituents and the taxpayers of Vanderburgh County well and to the best of his ability; and, Whereas, Curt Wortman contributed to the nation through his service in the U.S. Air Force, and the community through his involvement in many organizations; and, Whereas, Curt Wortman passed away on Saturday, October 28, 2006, Therefore, in honor of this dedicated public servant, Wednesday, November 1, 2006 is herewith proclaimed as Curt Wortman Day in Vanderburgh County, Indiana. Executed this 14^th day of November, 2006 by the Board of Commissioners of Vanderburgh County.”

President Musgrave: This proclamation was also read out at the Council meeting on November 1^st, where we celebrated the life and the public service of Curt Wortman. Is there a motion to adopt the proclamation?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Is there a motion to approve the minutes of October 24^th?

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Before we get started with the business today, I would like to recognize Councilman Troy Tornatta, who is Commissioner-elect, and who is here in the audience today. We would like to welcome you, Councilman Tornatta.

President Musgrave: We have several bids and quotes on the agenda today; VC-15-2006 for the bituminous paver, VC06-10-02 for the Koressel Road Bridge number1140 repair, VC10-03 Baseline Road culvert number 130, a replacement. We will not be opening any title search bids that we advertised for, because none were received. Is there a motion to open all of those bids?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. I would like to point out that the title search bid is still listed on the County Commissioners website at Vanderburghgov.org. We will still want to pursue work for these title searches, and if anyone would like to make a proposal to us, please do so and respond to the office.

President Musgrave: Action items, we have CO.R-11-06-023, an I-69 resolution. Commissioner Nix has that.

Commissioner Nix: Yes. This is county resolution 11-06-023, a resolution reaffirming formal declaration of support for the Major Moves initiative to create I-69.

“Whereas, in January of 2006 the Board of Commissioners of Vanderburgh County, Indiana, “the board”, voted it’s approval of the efforts made by Governor Mitchell E. Daniels, Jr. to bring the I-69 project to completion; and, Whereas, at the time the board expressed it’s desire that I-69 be built as a freeway; Therefore, be it resolved by the Board of Commissioners of Vanderburgh County, Indiana as follows: Section One: The board reaffirms its opinion that the construction of I-69 will serve the citizens of Vanderburgh County and of Indiana by providing a new link for commerce and industry between the United States, Canada and Mexico. Section Two: the board expresses its support for the plan proposed by Governor Daniels that would build both I-69 in the Indiana Commerce Corridor, and urges the General Assembly to work quickly to realize this vision. Section Three: this resolution shall be in full force and effect upon its adoption by the board. Section Four: this resolution shall be included within the records of the board, shall be circulated to the state legislators who serve Vanderburgh County and other counties that would be affected by I-69, and shall be submitted to the office of Governor Daniels.”

This is passed and adopted on the 14^th day of November, 2006 by the Board of Commissioners of Vanderburgh County. I will make a motion that we approve this.

President Musgrave: We have a motion. Is there a second?

Commissioner Shetler: Second.

President Musgrave: Is there any discussion? I feel that supporting a free I-69 between here and Bloomington, which was looked for to be tolled, is a very positive step for Southwestern Indiana. I’m excited and impressed that the Governor has come up with a way to take those tolls off and build a needed connector that would broaden opportunities for development in the middle of our state. I’m very excited about this. I would like to thank the Governor for his creative, innovative action, and to encourage our state legislators to get behind this effort. Get behind any effort that gets I-69 built, built soon, started in Evansville, working toward Indianapolis. We need this right now. Is there any other discussion? All those in favor?

Commissioner Shetler: Aye.

Commissioner Nix: Aye.

President Musgrave: Aye. The motion carries.

President Musgrave: I would like to call forward Dr. Nancy Kovanic, for the leadership enhancement program evaluation. Nancy is here to give us a brief overview of the leadership program that she and Dorie LoBue recently put on for the elected officials of Vanderburgh County. Welcome.

Nancy Kovanic: Hi, I’m Dr. Nancy Kovanic, and Dorie LoBue will represent us today. Thank you.

Dorie LoBue: Hi. Thank you for letting us address you today. I’m the chair of Southwest Indiana Development Council for the current year. This SWIDC, as we are called, is an organization made up of volunteers representing 14 counties in Southwest Indiana. The membership consists of economic developers from those representing counties. It’s a completely volunteer organization. I have a full time job besides that. Our purpose of SWIDC is for networking among economic developers in the Southwest Indiana region, and also to market this area to outside businesses to move here. That is our main purpose. We are not a “go to” organization that takes prospects and that sort of thing. We have a website that does a lot of advertising that represents industrial sites around the area, but those sites, the contact person is the economic developer in each region. So, I just want to clarify what our purpose is, what the quad counties purpose with that going on. SWIDC received a grant in 2005 from the Indiana, I’m getting it wrong, because they changed names, or it’s changed names, the Office of Community and Rural Affairs. The grant was for $90,000. It was for leadership initiative. We chose to use that money to encourage elected officials to get involved and to be good leaders in community development and economic development. The grant, we hired Nancy Kovanic with Isaac Paul and Associates to help us develop a curriculum. We wanted a brand new curriculum. We didn’t want somebody who knew a lot, or was very involved in economic development, because we didn’t want something that had been done before. So, we hired Nancy. She met with, very involved with the SWIDC executive committee for several months. Met with county representatives in each of the counties. Then developed a program to roll out to each of the counties. Basically, what this program consisted of was, it was aimed at elected officials on why they need to be involved in economic development, and a basic overview of what economic development is. There was also a separate module on leadership and how to be a good leader. Really, most of the counties chose to either offer strictly economic development, or a program with economic development and a little bit of leadership. Is that correct?

Nancy Kovanic: Yes.

Dorie LoBue: So far, as of this date, we have offered nine of these programs in the counties in Southwestern Indiana. We have one more that will be offered at the end of the month. The grant was supposed to expire the end of September. We got permission to continue that through January, or actually through the end of December, since it had been so successful and been so well received in all of the counties. We have a copy for the Commissioners on what took place, but before I tell you about that, I would personally like to thank Cheryl Musgrave for helping us offer this in Vanderburgh County. If it had not been for the Commissioners office, this program would not have taken place in Vanderburgh County. The challenge here was that, the way we chose, the way SWIDC chose to do this is we really let the economic developer, the lead economic developer in each county be the shining star and be the host of this program. The challenge with Vanderburgh County is we’re part of this quad county, we went to the quad county economic development coalition, they didn’t feel like it was right for them to offer a program for one specific county. So, we went back to Cheryl, since Cheryl had been very progressive in offering a basic course in economic development. We had asked her if this would compliment what she was already doing, and she agreed to let us host this through her office. So, or through the Commissioners office. So, thank you very much for you and your staff, very, very helpful. It was obviously very successful. Based on the evaluations, on a scale of one to ten, the lowest score was 7.4, I believe. No, 7.6, and the highest score was 8.4. So, it was right on target. I’ll go over those, you can go ahead and hand these out to each of them there. This binder contains the program that was offered, a list of attendees, a compiled evaluation, and a section on the recommendations that came out of this. This is really what we’re here for today, is to hand these recommendations off to you, and invite you to take this to the next step. Now, we are also giving a copy of this to the Chamber of Commerce. I’ll be meeting with them, Matt Meadors and the vice chair, Evan Beck, next week to see if they would like to also, you know, take this to the next step, or use these recommendations. There was no cost to the Commissioners, Vanderburgh County, or to anyone else. SWIDC grant paid for all of it. I just wanted to reiterate that. As far as the recommendations go, 100 percent of the participants that were there, and one thing that I would like to compliment Vanderburgh County, most of the, when we offered this, the attendance ranged from, oh, 23 to 40 individuals. At every program there was three to six elected officials, except in Vanderburgh County. All but three of them were elected officials. So, I really want to compliment you on your attendance, both the Commissioners and the other elected officials in Vanderburgh County. That was the highest attendance of elected officials we had anywhere. The results of the evaluations indicated that attendees were encouraged to become more involved in community economic development. 100 percent of the participants were interested in attending other programs on economic development, and they have listed there for you some ideas, whether that is carried forward through the County Commissioners or probably through the Chamber’s economic development efforts. I know they have a separate department just for that. Also, 94 of the respondents were interested in additional programs on community leadership. So, here’s a perfect opportunity for us to offer, or us as a county to offer more programs to educate business leaders and elected officials on why they need to be more involved. Is there anything else that you would suggest that we hit the highlights of, Nancy?

Nancy Kovanic: The regional programming.

Dorie LoBue: Oh, thank you. The next step from this is, see, that’s why we hired her, to keep me straight. The next step for this is, we have been approved by the Indiana Office of Community Rural Affairs to do a next step. The step two will consist of regional meetings, probably a total of three, which for this area will include Gibson County, Vanderburgh County, Warrick County, and is there one more?

Nancy Kovanic: Posey.

Dorie LoBue: Is it Posey? But, the program wasn’t offered in Posey, because, again, the challenge of not having an economic developer there. At this regional meeting, they’ll be talking about the outcomes that came out of each of these county meetings, and the best practices from that. Also, next steps on how we can move as a region towards economic development. My experience here at being a transplant from Texas, I have always been impressed with this part of Indiana that hasn’t drawn lines around counties. They do work very well across city-county and even state lines. So, I don’t think that’s going to be a big challenge for this area. Anything else? Okay. Are there any questions from this grant or what came out of it, or what we do next?

President Musgrave: Well, it doesn’t look like there are any, but thank you. I think your program was very well received. We appreciated the opportunity to be part of what you developed, and to encourage everyone to get on board with economic development, because it’s what we need to bring more jobs and more of everything to our area.

Dorie LoBue: Well, thank you. Thank you all, and thank you, Commissioner Musgrave.

Nancy Kovanic: Thank you.

Madelyn Grayson: Dorie, do you have an additional brochure that I could keep for the permanent record?

Dorie LoBue: Oh, okay, sure, you can have this one. We’ll just make another one. If you do find other questions that you have later on, feel free to contact me.

President Musgrave: Alright, thank you, Dorie.

Dorie LoBue: Thank you.

President Musgrave: Ted, I hear you still opening things there. Do you have the paver ready?

Ted C. Ziemer, Jr.: Yes, I do.

President Musgrave: Okay.

Ted C. Ziemer, Jr.: The bids for the bituminous paver, Brandeis Machinery and Supply Company, $229,061, plus, no, including a lease of $36,000 for four months for the initial use of the equipment.

Commissioner Nix: Excuse me, before you, that $229,061 is, the $36,000 is included in that $229,000?

Ted C. Ziemer, Jr.: You know, let me look again. I’m not positive. Just a second. Brandeis...I’m not sure. Mike, could you come up here, please? I don’t know how they were supposed to bid.

Commissioner Nix: Well, I just want to make sure that they’re clear on that before–

Mike Duckworth: It was to be included.

Commissioner Nix: Okay.

Mike Duckworth: So–

Ted C. Ziemer, Jr.: Let me just look here. Yes, no, let me see. The total bid is $229,061, and they bid $9,000 per month for the four month lease. It does not specifically say whether that is included in the $229,061 or not.

Mike Duckworth: But, for total bid does it say $229,061?

Ted C. Ziemer, Jr.: Total bid cost is $229,061.

Mike Duckworth: Before you go any further, and announce any of the other bids, there may be someone from Brandeis here that could actually state whether that’s included or not before you ask the others. Do you think it would be appropriate to ask that question?

Ted C. Ziemer, Jr.: Well, it would more appropriate if I could tell from looking at the bid.

Commissioner Shetler: Are you saying the language in the bid clearly stated that it’s supposed to be included in that total price?

Mike Duckworth: It was, what percentage, it was to be included and what percentage of that lease would go toward the purchase.

Debbie Spalding: On the bid sheet that you’re looking at, it says summarize bid items and provide a total bid cost. So, where it says bid item, total cost of paver, there should be a price.

Ted C. Ziemer, Jr.: There is.

Debbie Spalding: Then the cost of the initial four month lease?

Ted C. Ziemer, Jr.: There is.

Debbie Spalding: Then the cost of the performance bond, but, then if you add those down, that should be the total bid cost.

Ted C. Ziemer, Jr.: Okay.

Debbie Spalding: So, if you add those two together, does it equal the total bid cost?

Ted C. Ziemer, Jr.: It comes out to $229,061.

Mike Duckworth: Okay, I think that’s what we need.

Commissioner Nix: I just want to make sure that we’re clear on this.

Ted C. Ziemer, Jr.: So, I’m reading the bid and we’ll read the others as though they include the lease payment. The total bid is $229,061, and that includes $36,000 for $9,000 per month for a four month lease of the equipment. Okay, then Construction Machinery Company is $234,923.33, and that’s for, includes $40,000 for four months lease of the equipment at $10,000 per month. The final bid is Whayne Supply Company for $254,996, which includes $40,000 for four months lease of the equipment at $10,000 per month.

Mike Duckworth: If I may ask the Commissioners permission to take that to the next room to review it? Because I would like to come back and ask that it be awarded, if possible, at the end of this meeting.

President Musgrave: Is there a motion to take the bids under advisement?

Commissioner Nix: So moved.

Commissioner Shetler: Second, just let me ask one question. The other question I had was whether or not that equipment is ready now, or if there’s a delivery time?

Mike Duckworth: There’s a delivery date of December 15^th, I believe.

Commissioner Shetler: Okay.

Mike Duckworth: And that’s why I want to award it at this time to give them a maximum amount of time to get the piece of equipment here and ready.

Commissioner Shetler: Alright, thanks.

President Musgrave: I have a motion and a second. All those in favor?

All Commissioners: Aye.

President Musgrave: We’ll expect to hear back from you by the end of the meeting.

Mike Duckworth: If I may approach to get the bids?

President Musgrave: Yes, go ahead and get those. Mr. Ziemer, do you want us to come back to you for the other bids?

Ted C. Ziemer, Jr.: I do, because I’m not prepared.

President Musgrave: Under contracts, leases and agreements, there are several here that have already been reviewed by the County Attorney, and those are the Xerox lease for the copy machine in the Auditor’s office, the Health Department’s Liebert renewal service proposal for 2007, that’s battery back up power for their refrigerators in their lab, the County Clerk, Image Office Solutions contract (Inaudible) for the Clerk’s (Inaudible) software, Welborn Health Plans contract is also here.

Madelyn Grayson: Cheryl, your microphone is not on. You might have to pull it towards you. There you go.

President Musgrave: These things are so fickle. Okay, no substantive changes. If there’s a motion to approve all of those contracts please.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We have the County Highway asking for a right-of-entry permit and waiver of liability for Indiana Southwestern Railway Company. I understand that this right-of-entry permit has been reviewed by the County Attorney. If there are any questions we can ask Mr. Duckworth to step back in. Are there any questions on this? Is there a motion?

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We need permission to advertise for the County Treasurer. It says a representative of Purchasing is here for any questions, but this is for VC-01-2007 for the printing of tax bills. It’s routine, done every year. Is there any questions? Is there a motion?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We are down to the Bohannon Subdivision Barrett Law and department head reports. Mr. Stoll, would you like to come forward and do your department head report?

John Stoll: The first item that I have is a notice of intent letter for the Bohannon Estates Barrett Law project. This is the paperwork that has to filed with IDEM for discharging storm water associated with the project, and it needs the Commissioners signatures. So, I would request your approval of that.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: Second, I have a street acceptance request for Section One of Creekside Meadows Subdivision. This is for 834 feet of Burlingame Drive, 995 feet of Prairie Drive, 944 feet of Aberdeen Court, and 470 feet of Double Tree Court. I would request that those streets be accepted for maintenance.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: Next, I have a sidewalk waiver request for Stonegate Subdivision. This is a subdivision located on the west side of Browning Road, adjacent to Schlensker Ditch. The subdivision basically terminates into two cul-de-sacs, there are no other sidewalks out there, and I would request approval of the sidewalk waiver.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: The last item that I have is a right-of-way engineering agreement for the Oak Hill Road-Bergdolt Road intersection project. The agreement is with Level Five Engineering. The amount of the agreement is for $29,180. I’ve had the County Attorney review the agreement, and he found it to be acceptable. So, I would request approval of that agreement.

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: That’s all I have.

President Musgrave: That’s all you have. Are you sure you don’t have anything more just to talk about while we–

John Stoll: Some filler?

President Musgrave: Yeah.

John Stoll: Not today.

Commissioner Nix: Like the definition of a Barrett Law or something?

John Stoll: I don’t want to be accused of practicing law without a license.

Ted C. Ziemer, Jr.: I don’t want to have to accuse you of it either.

President Musgrave: Is there any other department head here with a report? No?

President Musgrave: We could go ahead and consider the consent agenda. There is a number of items on there, standard reports and so forth, letters.

Commissioner Nix: I would like to add one item to that, it’s pay requisition number 83 for the new jail, which is coming up to be a year old now. But, this is actually some retention monies and also monies for a payment on the maintenance facility that we constructed in the back. We’re going to be seeing some more of this over the next few weeks or so.

President Musgrave: So, your motion is to approve the consent agenda as amended?

Commissioner Nix: As amended, and that total amount is $154,646.73.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries. Well–

Madelyn Grayson: Commissioner, there was a lease agreement that the County Highway had asked to be approved today.

President Musgrave: And he wanted to bring that up under his report–

Madelyn Grayson: Okay.

President Musgrave: –Mr. Duckworth did. I thought we might wait for him to return to the room. So–

Ted C. Ziemer, Jr.: I’ll be ready in about a minute.

President Musgrave: Okay.

Ted C. Ziemer, Jr.: Okay, for the Koressel Road bridge, Deig Brothers’ bid is $39,306; CCC of Evansville, Inc. bids $62,969.91. For the Baseline Road culvert, and this is what was taking the time, there’s a main bid, then an alternate bid, which wasn’t totaled, but we’ve got it now. The main bid of Deig Brothers is $24,859.50. For the alternates, they bid $4,982.50. Their total bid is $29,842, including the alternates. For CCC of Evansville, Inc. for the Baseline Road culvert, their main bid is $17,808.60. Their alternate bid is $4,163.37. Their total bid, including the alternates, is $21,972.07.

President Musgrave: Is there a motion to take those under advisement?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Do you have anything further, Mr. Ziemer?

Ted C. Ziemer, Jr.: Not on bids.

President Musgrave: Any other reports of any kind?

Ted C. Ziemer, Jr.: Nothing that’s not on the agenda.

President Musgrave: Okay, do we want to then take a, I don’t know, a five or ten minute break?

Ted C. Ziemer, Jr.: Want to do the Barrett Law?

President Musgrave: Oh, yes, please.

President Musgrave: Go forward with the Barrett Law, Bohannon Subdivision Barrett Law.

Ted C. Ziemer, Jr.: Okay, we have prepared and you have before you for consideration and possible approval, a preliminary resolution of the Commissioners approving certain roadway and roadside drainage system improvements adjacent to lots in Bohannon Estates number one, two and three subdivisions, the issuance of bonds to finance such a project and other matters related to that. The preliminary resolution includes the engineer’s estimate of $286,250 for the project. Attached to the resolution is, or are the names of the benefitted property owners with their addresses, and it, of course, provides that on determination of the final cost and adoption of a final resolution the benefitted property owners will have the opportunity to elect to pay assessments in annual installments of ten years, 20 years, or 30 years, or a number of monthly installments that correspond to ten years, 20 years, or 30 years. In connection with that, as a separate item, if that resolution is approved, we have prepared and you have before you a form of notice of public hearing, which would be given to the, by certified mail, return receipt requested to all of the benefitted property owners who’s names are attached to the preliminary resolution. In addition, that notice of public hearing would be published Friday of this week, November the 17^th, advertising a public hearing on this for December 5, 2006 at 3:30 p.m. You can do those separately, if you wish, to approve the preliminary resolution and then, secondly, approve the notice of public hearing and publication thereof.

President Musgrave: Alright, is there a motion to approve the preliminary resolution CO.R-11-06-022?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: Any discussion? Anyone here to speak on this? All those in favor?

All Commissioners: Aye.

Ted C. Ziemer, Jr.: Okay, could we have a roll call vote on that, please?

President Musgrave: Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes.

President Musgrave: We will move now to the notice of public hearing. Is there a motion that the public hearing will be held here, in this room, on December 5^th at 3:30?

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Do I need a roll call on this?

Ted C. Ziemer, Jr.: No.

President Musgrave: Okay. Those two have passed, and I know that this subdivision Barrett Law has taken quite some time to bring to this point, and this is a vehicle whereby the subdivision will get certain improvements, and it will be paid for by the property owners within that subdivision. No county funds are involved in that. Alright, I still do not see Mr. Duckworth returned.

President Musgrave: Is there any new business that the Commissioners may have?

Ted C. Ziemer, Jr.: In Mr. Duckworth’s absence, I could comment on the lease.

President Musgrave: Alright.

Ted C. Ziemer, Jr.: If I can find it. It’s the desire of the Superintendent of County Highways that certain heavy equipment be stored inside, or within cover for a period of four months, during the winter months. The Superintendent of County Highways has located a space that would be suitable for such storage in a building owned by Southern Indiana Scale Company. The storage would be for a lump sum payment of six thousand, a rental of $6,400 for the entire four months, running from November 15, 2006 through March 15, 2007. We were presented with an original form of that lease, which had some defects, as far as I was concerned, as County Attorney, I discussed those with the attorney for Southern Indiana Scale Company, and they have revised the lease to my satisfaction. I now find that it is acceptable for execution, should you desire to approve it, from a legal perspective.

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

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: Any discussion? All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries. Mr. Ziemer, since we’ve never done this before, let me ask your opinion, can we recess this meeting and go directly into the Drainage Board? There’s no Drainage Board? There’s nothing else today?

Ted C. Ziemer, Jr.: There is no Drainage Board.

President Musgrave: So, we’re just all waiting for the paver?

Ted C. Ziemer, Jr.: I could dance or sing, I guess.

Commissioner Nix: Please don’t.

President Musgrave: I don’t hear a motion for that. Alright, in which case we are going to recess until Mr. Duckworth is done reviewing his bids, and when he comes back we’ll reconvene.

Ted C. Ziemer, Jr.: I could ask, Mr. Stoll, did we do the McCutchan Estates? I have, do you want to come here, please? Because I was doing bids when you were at the podium. I had delivered to my office executed copies of the warranty deed from the McCutchan Estates owners association and the perpetual highway easement, however, I don’t have the encroachment agreement. Do you have that?

John Stoll: I don’t have it.

Ted C. Ziemer, Jr.: Okay.

John Stoll: I guess, we could proceed with getting the right-of-way dedications recorded, and then, at a later date, whenever we’re ready to accept the street, have the encroachment agreement signed at the same time. If they provide it at that time, but they did not forward it to me today, at least.

Ted C. Ziemer, Jr.: Do you want me to give these to you?

John Stoll: Yeah, I can take them.

Commissioner Shetler: Did we, when we made that original motion, did we approve it subject to certain conditions being met, and that you would kind of just come back and tell us that those conditions were, in fact, met? So, do we need to actually make...I mean, I guess, that’s my question to you?

Ted C. Ziemer, Jr.: No. I don’t think so. If we have the encroachment agreement, which is not here today, we now have a deed of easement to the county, plus a perpetual highway easement to the county in form satisfactory to the County Attorney. They need to be recorded, and then when we receive an executed copy of the encroachment agreement–

John Stoll: Then we can accept the road–

Ted C. Ziemer, Jr.: Right.

John Stoll: –and we’ll forward the encroachment agreement back to the–

Ted C. Ziemer, Jr.: There would be action by the Commissioners–

John Stoll: –homeowners association.

Ted C. Ziemer, Jr.: –then to accept the road.

John Stoll: Right. The conditions were that they provide a survey showing that the road lies within the right-of-way. They found that it didn’t, so, that’s why these extra easements had to be granted.

Commissioner Shetler: Right. Okay.

John Stoll: Then, the encroachments that were in the existing right-of-way, like the retaining wall and the decorative guard shack and things like that, are addressed in the encroachment agreement. So, all the conditions that were discussed are addressed either through those deeds, or through the encroachment agreement.

Commissioner Shetler: Okay, thanks.

John Stoll: They did do the street repairs as was requested on that original conditional approval.

President Musgrave: Okay.

President Musgrave: Is there any member of the public wishing to address the Commission, under our public comment period? I see no one. So, Mr. Shetler is going to check on the situation. We’ll wait.

Ted C. Ziemer, Jr.: John, are you going to take these bids?

President Musgrave: Before we reconvene and let Mr. Duckworth inform us of the decision, I would like to introduce Jessalyn Julian, who is a student at where?

Jessalyn Julian: Central.

President Musgrave: Central, and she came in after the meeting started, and I didn’t notice her, and I didn’t call her up. I’m sorry about that. But, you were at a competition which had delayed you from arriving earlier.

 President Musgrave: Okay, Mr. Duckworth, we’ve been waiting for the news.

Mike Duckworth: Yes, well, first of all, thank you for your indulgence in letting us go through the figures. I wanted to just give some explanation as to why this is so imperative. With the new season starting, and construction companies, as well as municipalities looking to get this type of equipment after the first of the year when new budgets are in, we felt that it was imperative to move this along so that we could get this piece of equipment in here before the end of the year. We’re utilizing 2006 dollars, as well as 2007 dollars, and that way we have no worry or no concern about starting our next years paving season. With that, after reviewing the bid documents, it’s my recommendation to award the bituminous paver bid for Vanderburgh County to Brandeis at an amount of $229,061, which includes, that would be the total amount, it includes four lease payments of $9,000. They met or exceeded all of the expectations of the bid process, and we had to make a call and get some clarification, but all of that was clarified. So, it’s my recommendation to award that bid at this time.

Commissioner Nix: Just curious, Mr. Duckworth, what did we have budgeted for that? Do you remember?

Mike Duckworth: Yes. We have approximately $60,000 in our rent to lease line item, and we will be utilizing the $36,000 out of that this year. In addition to that, the County Council allocated an additional $210,000, which will be more than enough for us to take care of this.

Commissioner Nix: Thank you.

President Musgrave: And, the old paver, I know that you were quite concerned that it was going to fatally break down. How old is that machine?

Mike Duckworth: It’s, let me double check here, a ninety–

Dave Hudson: ‘95.

Mike Duckworth: ‘95 model. So, eleven years old. It’s also been struck by a tree, and in a storm, and, so, it’s, our crew Dave Hudson, the gentleman there does a good job in keeping our equipment, you know, updated and serviced so that it will last eleven years. The average life span is about six to seven years on these, and we’ve gotten eleven years out of it. We’re averaging, this year we did somewhere around 35 miles of paving in the county, along with some other paving done within the community at other entities, governmental entity properties. I think this is a good investment. We can continue our staff and our workforce in paving. Before I leave, I would, since I was out of the room, ask if the railroad liability agreement and the Southern Indiana Scales agreement were approved?

President Musgrave: We could have done even more work, but we ran out of it.

Mike Duckworth: Well, thank you, again.

President Musgrave: Well, hang on, let’s make a motion to award the bid to the low bidder, Brandeis.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Is there any other business? Motion to adjourn?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: Thank you.

(The meeting was adjourned at 4:15 p.m.)

CONSENT ITEMS:

Employment Changes:

Center Assessor (2)                 Prosecutor (2)                           Superior Court (4)

Circuit Court (1)                        VCCC (1)                                  Scott Assessor (1)

County Highway (2)                  Sheriff’s Office (1)                    Auditor (1)

County Clerk (1)                       Commissioners (1)                   Centre (1)

Travel Requests:

Health Department (4)              Commissioners (3)                   Union Assessor (1)

County Highway (1)

Surplus Requests:

Area Plan                                  County Engineer                       Coroner

Health Department

Auditor:

A/P Vouchers: November 2006.

Drawdown No. 7: Knight Township Fire Department CDBG Funds.

County Engineer:

Pay Request No. 8: Integra: Burkhardt-Green River TIF Projects.

Maximum Estimate for Bohannon Estates Barrett Law Project.

County Clerk:

Monthly Report: September 2006.

Use of Centre/Waiver of Fees Not Overtime: Election Office.

Commissioners:

IBAP Gatekeeper Report: October 2006.

Legal Aid: October 2006 Statistics.

Letter from Gail Riecken: Department of Parks & Recreation.

Letters from Insight Communications: State Issued Video Franchise.

Letter from Sigecom: State Issued Video Franchise.

Letter from Planetary Planners.

EVSC Letter: Daniel Wertz: Permission to Use Discover Lodge: Evacuation Site.

Pay Req. No. 83: Jail Project: 154,894.20.

Department Head Meeting Notes: October 24, 2006

County Council: Resolution CO.R-01-06-021: Sheriff Dept. Proposed Contract

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer                           Supt. Of Bldgs.                         Veterans Services

CIO

Those in Attendance:

Cheryl Musgrave                      Bill Nix                                      Tom Shetler, Jr.

Bill Fluty                                    Ted C. Ziemer, Jr.          Marissa Nichoalds

Madelyn Grayson                     Nancy Kovanic                         Dorie LoBue

Mike Duckworth                        John Stoll                                  Dave Hudson

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.