VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

NOVEMBER 21, 2006

The Vanderburgh County Board of Commissioners met in session this 21^st 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 21, 2006 meeting of the Board of Commissioners. It’s approximately 3:30. We’ll start with introductions.

Marissa Nichoalds: Marissa Nichoalds, Superintendent of County Buildings.

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

Commissioner Nix: Bill Nix, County Commissioner.

Maria Nelson: Maria Nelson, Mater Dei.

President Musgrave: Cheryl Musgrave, County Commissioner.

Jessalyn Julian: Jessalyn Julian, Central High School.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

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

(The Pledge of Allegiance was given.)

President Musgrave: I would like to welcome again Troy Tornatta, County Councilman and County Commissioner-elect.

President Musgrave: And mention that Commissioner Shetler who was to be here for what was his final meeting, suffered a back injury, and is not able to join us. But, I would like to thank him for his service anyway, and wish him well in his new position on Council, and remind him that the Commissioners have some items on Council’s agenda, and we would certainly like to have his consideration for those.

President Musgrave: The first item on our agenda is the November 14^th Commission meeting minutes. Is there a motion to approve?

Commissioner Nix: So moved.

President Musgrave: And I’ll second. All those in favor? Aye.

Commissioner Nix: Aye.

President Musgrave: The motion carries. Is Mr. Dave Rector here? I do not see Mr. Rector, so we’ll pass him.

President Musgrave: Steve Craig from Burdette Park is not here, and has sent instead his deputy to give us the chalet rental update. Gary?

Gary Hohman: Gary Hohman, I was going to say that I was Steve and that I’d been on a crash diet, but I don’t think I can get by with that. What I have for you today is some comparisons for the past three years for building rentals at Burdette Park. During the year of 2004, we rented a total of 1,693 buildings, 827 of those were chalet rentals, and 913 were other buildings, 60 were pool related type rentals. In 2005 we had an increase overall of 30 rentals, and renting a total of 1,723 units, 849 of those were chalets, 821 were other buildings, and 53 were pool related rentals. In 2006, these figures are incomplete in that we do have them on the book from January 1 through December 31^st. There will possibly be some additional late rentals coming in for the balance of this year. For the current year, we have rented 1,854 units at Burdette, 886 of those were chalets, 800, excuse me, pardon me, 888 were chalets, 866 were other buildings. We do have, our latest chalet we opened up in May of this year, which gave us the availability of 225 rental days. That building was rented 113 of those 225 days. We are offering at Burdette Park from November 1^st through February 28^th, a half price rental rate Monday through Thursday on any of our chalets, based on the availability, are available for the public at half price during this time period.

President Musgrave: About how much is the rental at full price and then the half price?

Gary Hohman: There’s two different categories of our chalets. Five of the units have Jacuzzi hot tubs in them, they rent for $114 plus tax. The two that do not have the Jacuzzi hot tubs have a full bath upstairs and down in lieu of the hot tub, they rent for $102 per night.

President Musgrave: So, from Thursday through Sunday you can rent those at full price? And is it Monday through–

Gary Hohman: Monday through Thursday.

President Musgrave: Monday through Thursday is the half price?

Gary Hohman: Half price rental.

President Musgrave: It sounds like you have rooms available?

Gary Hohman: We do, and we welcome the public to come out and spend the holidays with us for a nice retreat in our rustic chalets.

President Musgrave: You have fire places?

Gary Hohman: A fireplace, all of the amenities are provided, all they need to bring is the food.

President Musgrave: That sounds like a lot of fun.

Commissioner Nix: I know, just, if you could just touch on the Discovery Lodge, just a little bit about the size of the facility and how many people it can accommodate and what it’s used for. I know we’re booked out a pretty good ways, but we’re looking to really promote this, as part of our–

Gary Hohman: This facility, sir, is rented, it’s the only building in Burdette’s system that we will rent two years in advance, by virtue of the type of facility that it is. It offers an opportunity not only for wedding receptions, business seminar conventions, so, by virtue of that we have set it up on a two year rental basis, rather than the one year rental basis that all of our other buildings are available. The Discovery Lodge is a 16,000 square foot, open air, log structured building. We have the maximum seating and still allow a 40 by 40 dance floor area in that building. It will seat up to 650 people. We’ve rented it, on an average of 1.8 times per week since it’s inception.

Commissioner Nix: And, I’ve noticed too there seems to be a lot of companies, or businesses in Evansville and this area that are using it during the week for conventions and that type of thing. I think a lot of that has to do with some of the amenities this has. Of course, it’s the surroundings, it’s a good place to get away and have a company retreat, and we’ve added wireless internet too.

Gary Hohman: Wireless internet is available for groups and organizations that would like to utilize that service. We have the capability of breaking the building down into different sections that, the building is large enough that, you know, specific groups or areas can meet in different sections of the building. We have an eight speaker sound system in the facility. We provide a wireless, cordless microphone that can be used, that will go through that eight speaker sound system. We have a large, gas fireplace that offers a great ambience to the entire structure.

Commissioner Nix: Thank you.

President Musgrave: Alright. Well, thank you very much for your report.

Gary Hohman: Thank you.

President Musgrave: I hope that your bookings during the week increase at the half price chalets.

Gary Hohman: Yes, Ma’am.

Commissioner Nix: Thanks.

President Musgrave: I see that Dave Rector has now arrived. If you would like to come forward and talk about the concession machine at the Centre.

Dave Rector: Good afternoon, Commissioners. Dave Rector, Building Authority, requesting permission to spend some F&B dollars to relocate the existing coat check station at the Centre, just down about 12 feet into the room to create more space for another concession area next to the concession areas where the coat check is. It gets really congested and crowded during concerts, with everybody checking in coats, trying to get a soft drink or whatever they’re getting. This is going to create another concession area, so that it will alleviate some of the crowding, but, yet still have a coat check area. It will cost about $6,000.

President Musgrave: I went over and toured this–

Dave Rector: Yes.

President Musgrave: –was that last week, I think it was?

Dave Rector: Last week or the week before, yeah.

President Musgrave: And looked at some of the other projects that they’re talking about, and it looks like it would indeed cut down the confusion and the lines, and perhaps sell more concessions.

Dave Rector: I think so.

Commissioner Nix: I move approval.

President Musgrave: And, I’ll second. All those in favor? Aye.

Commissioner Nix: Aye.

President Musgrave: The motion carries.

Dave Rector: Thank you, Commissioners.

President Musgrave: Let me know when it’s time for me to come over and look at the progress on some of the jobs that they have.

Dave Rector: Yeah, like we talked last week, I will.

Commissioner Nix: Mr. Rector, while you’re here, if you could, we had a Solid Waste meeting last week, and there was some discussion about improvements to that area–

Dave Rector: Yes.

Commissioner Nix: –and a move, a couple of moves. Could you touch on that first, please?

Dave Rector: Yes, Marissa got us copies of the minutes today, and, indeed, as you thought, and the motion was made by Commissioner Musgrave in that meeting to approve expenditures up to $5,000 to relocate Solid Waste to make room for Computer Services. Only one correction, Joe made the statement in there that the Building Authority would pay for the move, and that’s not our intention to do that. We aren’t moving them at our request, it’s their request to make room for expansion, but we’ll certainly facilitate the project. We will take care of though, he’s saying they’re going to take care of the carpet, because that’s part of the building that we do. So, we’ll take care of the carpet. So, just some corrections to those minutes, but I think it will come in under the $5,000.

Commissioner Nix: Then, that will make room for Computer Services, their needs for right now then?

Dave Rector: And, we have done some layouts for that Matt Arvay has to review, and I’ve not gotten feedback from him to whether they meet his needs or not, but we’ll let you know about that as soon as we do.

Commissioner Nix: Thank you.

Dave Rector: So, with that, I think with your motion we’re ready to proceed with getting Solid Waste moved up here and down at the old police personnel.

President Musgrave: Okay. Thank you very much.

Dave Rector: Okay. Thank you.

President Musgrave: Next on the agenda is an item that I know we want to discuss, it’s about the purchase of some state surplus land. A little background on this is, a few months ago the state sent out a list of property, in the county, that they were going to sell. I expressed interest in it at that time, because these are two wooded lots on the east side of 41, just at the state line. So, it’s right on Waterworks Road. They are heavily wooded, they flood, the land can’t be built upon, very restricted building options, and it seemed to me that that would be a good addition to the county’s recreational inventory. I talked with Bill Jeffers, and he’s here in the audience today, Surveyor Jeffers, about the land, and he helpfully provided some maps, and we’ve discussed it a couple of times. The state has, it started out with an offer of, for us to purchase this land at an appraised value, they had a local appraiser put a value of $55,000 on this. When I suggested that the government should not charge another government for this land, they reduced their asking price to $15,000. Mr. Jeffers, would you like to comment on this land and the potential uses and activities that we might pursue there?

Bill Jeffers: Yes, Commissioners, when Commissioner Musgrave approached me on this, I thought at first the price was rather high. I’m glad to hear she’s been able to negotiate it down to something reasonable, a couple, three hundred dollars an acre doesn’t seem unreasonable for such land. I think part of it might be farmable, but, I think if it is, it’s very marginal. As she said, it’s not buildable. It’s definitely so far below base flood elevation that it would be unreasonable to fill it and build on it. The property happens to be adjacent to Eagle Slough, which is the county’s regulated drain that serves the entire southeast side of Evansville that doesn’t go through the combination sewer. In other words, all those areas that are gravity flow that go to K-1, K-2, and K-3 pump stations are pumped out into Eagle Slough. This ground is immediately adjacent to that. It would establish a more practical access for us to take in our maintenance equipment and repair equipment to Eagle Slough to make drainage improvements associated with that drain. Like I said, this is a very important drain. It serves those areas that experienced the heavy flooding in September of this year. We do have chronic beaver dams and logjams because of high water. Currently we have to block one lane of I-164, dismantle the guardrail and deploy our equipment down the steep embankment of I-164. That’s very impractical. Or, we could enter via farm fields, which usually ends up causing crop damage. Since we don’t have easements in that, that are totally accessible, we have to pay crop damage. This would provide an alternative flat land route from a county road, Waterworks Road, then across county land to get to Eagle Slough. Also, you might want to think, another big plus would be wetland mitigation for North Green River Road project. This is definitely a wetland. You may be able to not only maintain it as a wetland, but enhance it as forested wetland, wildlife refuge, wetland habitat, and you may be able to bargain with the Indiana Department of Transportation for wetland mitigation value, and not have to go purchase land somewhere else in a more expensive setting to accomplish that. There may also be incentives from state and federal agencies through the United States Department of Agriculture and Indiana Department of Natural Resources, programs they use if you were to put it into a permanent habitat easement. I think there would be some benefit there. You could partner with public and private groups like Ducks Unlimited, Isaac Walton League, Howell Wetlands, Canoe Evansville, Evansville Parks Department, and so forth, to develop it for recreational purposes; bike paths, hiking trails, bird watching, ridal paths for horses. Overall, I think it’s a great opportunity, and I support the project.

President Musgrave: I’ve been also discussing it with our attorney, and we think that maybe a counter offer might be appropriate. Would you care to comment on that, Mr. Ziemer?

Ted C. Ziemer, Jr.: Well, only to this extent. It’s not clear, as Mr. Jeffers has said, that there’s any particular value to the property, other than perhaps for exercise or entertainment, through use of a bike path or whatever. Really, I think, we might just suggest to the state that we don’t have any budget for this particular purchase, even at $15,000, and that we would be perhaps willing to accept the donation of the property, if they’re willing to do that, and then we would undertake the maintenance of the property.

Commissioner Nix: I guess, from a legal standpoint, what steps do we have to do to get that process started then?

Ted C. Ziemer, Jr.: If it’s going to be donated, we don’t have to do very much of anything. One governmental entity can donate property to the other governmental entity, we would both adopt a resolution, our resolution would be to accept it, the state’s resolution would be to donate it. If we’re going to purchase it for any amount of money over $1,000, we then have to get an ordinance passed by the County Council approving the terms and conditions of the purchase.

President Musgrave: I would like to ask you to negotiate with the Department of Administration, and go back to them and ask them if they couldn’t see their way clear to giving that to us.

Ted C. Ziemer, Jr.: I’ll do that.

President Musgrave: Alright. Just to make it official that you’re doing this, I would like to make a motion to that effect.

Commissioner Nix: And, I will second it.

President Musgrave: All those in favor?

Commissioner Nix: Aye.

President Musgrave: The motion carries. So, we will come back, hopefully, at our next meeting, and see what kind of progress that we can report on that.

President Musgrave: County Engineer, Pat Seib is subbing for County Engineer, John Stoll, and there are one permission to advertise for bids on the agenda, and that is for Burdette Park bike path. Then, you have another one that is not on the agenda?

Patrick Seib: Correct, I also have one for VC06-12-01, Hillside Road reconstruction. I would like to request permission to advertise both of those. Also, to go along with the Burdette Park, I would also like to request that the Commissioners sign the cover sheet that will accompany those plans.

President Musgrave: Could you tell us a little bit about the Burdette Park bike path?

Patrick Seib: As I understand it, this bike path is the first phase linking up Burdette Park to USI. I think this phase is going to run approximately east to west out of Burdette and end up over near Nurrenbern Road, a little over half a mile.

President Musgrave: Is there a motion to grant permission to advertise for those two bids?

Commissioner Nix: So moved.

President Musgrave: And, I’ll second. All in favor? Aye.

Commissioner Nix: Aye.

President Musgrave: Motion carries.

Patrick Seib: I’ve also got, recommend the Commissioners award contract VC06-10-01, Baseline Road culvert number 130 repair to CCC of Evansville in the amount of $21,972.07.

Commissioner Nix: Move approval.

President Musgrave: Question, what’s that VC number again? Because I think it’s listed wrong on our agenda.

Commissioner Nix: It’s out of order actually.

President Musgrave: It’s out of order?

Commissioner Nix: Well, yeah, he’s got that....go ahead, if you want to read it again.

Patrick Seib: I’ve got down VC06-10-01.

President Musgrave: And, I have it–

Commissioner Nix: Excuse me, I’m sorry, yes?

President Musgrave: –down as 03. Madelyn, do you know which number it actually is?

Patrick Seib: I think the Form 96 should have the correct number on it.

Madelyn Grayson: It’s for the Baseline Road?

Patrick Seib: Yes.

Madelyn Grayson: The Form 96 doesn’t have it on there, but it was listed last week as VC06-10-03.

Patrick Seib: Very well, then, I’ll correct that and say 03.

President Musgrave: Is there a motion to award?

Commissioner Nix: So moved.

President Musgrave: All those in favor?

Commissioner Nix: Aye.

President Musgrave: Wait, I second that.

Commissioner Nix: Okay.

President Musgrave: All those in favor?

Commissioner Nix: Aye.

President Musgrave: Aye. Next?

Patrick Seib: I also want to recommend the Commissioners award contract VC06-12-02, Koressel Road Bridge number 1140 repair to Deig Brothers in the amount of $39,306.

Commissioner Nix: We need a clarification on that one too.

President Musgrave: It’s ten, zero two.

Commissioner Nix: It is ten? Okay.

President Musgrave: Is there a motion to award?

Commissioner Nix: So moved.

President Musgrave: I’ll second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: Aye. The motion carries.

Patrick Seib: I also have, I would like to recommend approval of a storm sewer acceptance request for Section One of Creekside Meadows Subdivision. There’s 2,641 feet of pipe, and the acceptance fee of $5,282.

Commissioner Nix: So moved.

President Musgrave: I’ll second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: The motion carries.

Patrick Seib: My last item is to recommend approval of a storm sewer acceptance request for Asbury Pointe, Section One. That has 1,049 feet of pipe, for a total acceptance fee of $2098.

Commissioner Nix: Move approval.

President Musgrave: I’ll second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: Motion carries.

Patrick Seib: That’s all I have, unless you have any questions.

President Musgrave: No questions. Thank you very much.

Patrick Seib: Thank you.

President Musgrave: I would just like to comment that the Burdette Park bike path has been talked about and dreamed of for, I understand, more than 20 years, and bidding out this first section which is .6 miles is a real milestone upon the path to get this real amenity and wonderful, new recreational path under construction. I understand that if they can afford the bids that come back, that maybe we’ll be looking at an early spring start. But, that will all remain to be seen.

President Musgrave: We move now to Purchasing, review and award quotes opened at the Board of Public Works for calcium chloride. We have Ms. Debra Spalding here to give us the information.

Debbie Spalding: Good afternoon. The quotes were opened for calcium chloride on November 2^nd at the Board of Public Works. There were four options that were available, due to conversations we had with the Board of Public Works and the County Highway. In speaking with Mike Duckworth, his preferred option was option two, because of the fact that the county has storage tanks already on their property, so, they would like the option to not have to buy 4,000 to 4,500 gallons at one time, but to have the vendor have it available, and then as they need it they would order it. So, you will see on the bid tabulation that option two, there was only one bidder and that is Busler Enterprises. And, that’s who we would recommend awarding the bid to.

President Musgrave: Are there any questions? Is there a motion?

Commissioner Nix: Move approval.

President Musgrave: I’ll second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: Motion carries. Thank you.

Debbie Spalding: Thank you.

President Musgrave: Contracts, agreements, and leases, we have it looks like a couple. The County Treasurer depository agreement revision number two, there are technical errors in the contract. Are there any questions? Is there a motion?

Commissioner Nix: So moved.

President Musgrave: All those in....I’ll second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: Aye. The motion carries. The Sheriff Department has a STOP grant memorandum of understanding. This has been reviewed by the County Attorney. This runs until June of 2007, and there’s a budget attached for local match funds. I understand that that budget is already in place. Is there a motion?

Commissioner Nix: So moved.

President Musgrave: I’ll second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: Aye. The motion carries. The Health Department has an AIDS continuation grant, also reviewed and appropriate for approval. If there are no questions, is there a motion?

Commissioner Nix: Move approval.

President Musgrave: I’ll second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: The motion carries. We come now to department head reports, the County Engineer has already given your report? Are there any other department heads to give a report? Ms. Nichoalds? Mr. Ziemer?

Ted C. Ziemer, Jr.: No.

President Musgrave: Okay, so, no other reports.

President Musgrave: New business. We have the item to cancel the November 28th meeting. That is a week from today, and that’s due to the Indiana Association of County Commissioners conference, which I will be attending. I believe Commissioner-elect Tornatta is also attending. Commissioner Nix can’t run the meeting by himself.

Commissioner Nix: I’ll be holding down the fort.

President Musgrave: Okay. So, let’s have a motion to cancel that meeting.

Commissioner Nix: So moved.

President Musgrave: I’ll second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: Aye. The motion carries.

President Musgrave: Old business. I just want to report that I’ve been in contact with our Washington D.C. lobbyist every day, sometimes more than once a day, and it looks, his latest report today was that it looks fairly certain that our two million dollar earmark that looked like we had obtained late this summer, early fall for University Parkway is dead. It looks like a bunch of earmarks all across the country, you know, for governments and other entities of all sizes will die along with our earmark. I’ve met with Congressman-elect Ellsworth, and we established a working relationship, and he has said that he will help us to pursue the same type of a grant starting next year. It looks like all of those grant applications and paperwork will come in a big flurry, beginning in January. So, we’ll look probably to apply again for nine to eleven million dollars for University Parkway. Last year we asked for money for the Burdette Park bike path, we will again ask for it, because, as you can see today, we’re only building part of that bike path, if we are successful in our bids. Last year we asked for reverse 911 money, and that also went by the wayside. So, our Congressman-elect Ellsworth is a member of Central Dispatch board and knows how useful reverse 911 would be. So, we will pursue all of those. I believe, Commissioner Nix, you wanted us to look into Old Courthouse renovation money. So, I’ll be looking for that as well. So, I did just want to bring you up to date on University Parkway’s earmark, which, things still could change he tells me, but it looks less likely every day.

President Musgrave: Is there anyone here to bring a public comment to the Commissioners? I see no one.

Commissioner Nix: That gentleman.

President Musgrave: I’m sorry. Please come forward and state your name and address. Thank you.

Tim Hermes: Commissioners, ladies and gentlemen, I’m Tim Hermes with Sitco. We’re the secure internet provider to the rural environment in our area. We had a situation come up that for weeks has kind of astounded us. I wrote you a little letter this morning, you may have not had a chance to look at it. I’ve got a copy, and in the, I guess, interest of time, we provide a signal that comes from the Old Courthouse building, over to the Old National Bank building, which begins our, the projection of that signal out to the rural communities. The communities that we serve are Arthur, Buckskin, Elberfeld, Ditney Hills, Evansville, Francisco, Fort Branch, Haubstadt, Johnson, Mackey, Oakland City, Owensville, Posey County/Mars area, Princeton, Sand Hill, St. Wendel, Wadesville, and Winslow, and others to be added shortly. What’s happening is, is we rent space in that building from Cinergy in their co-locate area. With that, we have an antenna that points towards the Old National Bank building through a window, and we’ve been working and working and working and working to improve that signal. We’ve spent several thousand dollars and a lot of labor and time, low and behold to find out that the low-e glass coating, the low-e coating that’s on the window is razing havoc with that signal, you know, it getting out. We propose that you allow us to just take the antenna and go up to the bell area where there’s, and locate it where it’s out of site, behind the mesh screening, nobody will see it, but there’s no low-e getting in the way of the signal. There is an existing cable that is there, and we have permission from the Cinergy people to use that, and it’s kind of an emergency. We need to do it. It’s really not a big deal, but it’s your building, and we feel we need to ask you before we would go up there with an antenna. The next thing you’re going to say is how big is it? It’s about, oh, 16 inches tall and 12 inches wide, and it’s just bars, little bars. You have a picture of it there actually. With your permission–

Commissioner Nix: I guess, from the standpoint of the Old Courthouse Foundation, I guess, that’s what we still call the group, I’m a little uncomfortable making any modifications to that building at all, or doing anything like this, unless we go in front of their board. I’ve just had this morning to look at this, and haven’t had a chance to talk to anybody about, any of the board members at all, but, I just think it would be prudent that we do that. They work pretty hard, and we’re in the process of doing some renovations to the building, and, I don’t know that they would incorporate this area at all, but, I guess, the other question, I have a question also, the feed for this, will this come up through the building? Or is this something that’s going–

Tim Hermes: It’s already there.

Commissioner Nix: Okay, you’d mentioned that. There’s cable inside the tower here?

Tim Hermes: Yes.

Commissioner Nix: Okay.

Tim Hermes: Yeah, it’s existing.

Commissioner Nix: So, it’s just a matter of you tapping on to an existing feed that’s in the tower?

Tim Hermes: Yes.

Commissioner Nix: Okay. We meet–

Tim Hermes: It’s, you know, it would not be visible in anyway.

Commissioner Nix: Okay.

Tim Hermes: You couldn’t see it.

Commissioner Nix: I understand that, but, once again, it’s just something I’m not comfortable approving without going through the board. I actually sit on the board. We meet on the 11^th of December, and, we actually, at that time, will have an architect there to discuss the plans for the renovation work. I would like to take this along. With the understanding, you say it won’t be visible, but, once again, I would like to meet with the board before we do anything.

Tim Hermes: Would there be anyway to, in an emergency, locate that antenna to point to the Old National Bank, and should it be a problem, then take it down? We are in dire straits, and we’re trying to...there’s a national mandate to provide broadband internet to our nation, our local communities, as well as even here in Vanderburgh County, and we are extremely hampered by the result of this. We just recently took on a new level of customer base, the Ohio Valley Cable Company. That put more pressure on the system, and it can’t get enough out through that window.

President Musgrave: Before we address the timing point, I have another question. I know that there are other antennas in the bell tower, and I know that a fee is paid for those, and they are under contract, but, what I don’t know is what the fee is. I remember sitting through Commission meetings a couple of years ago where they began to refuse new applications because it was already too crowded up there. So, under any circumstances, I would be looking for a fee to place your equipment there, and make sure that the Pigeon Township Assessor’s office is aware of the equipment and receives the proper reporting forms for those.

Tim Hermes: Well, I’m sure your fees are fair, and we would be comfortable–

President Musgrave: And, I don’t know. I have not had time to research this, because I learned about it at the exact same time that Commissioner Nix learned about it.

Tim Hermes: Would there be any opportunity of checking into those fees where we may discuss it tomorrow?

President Musgrave: Of course, there is. I think that–

Tim Hermes: Could we move it away from the public forum?

President Musgrave: Yes. So, I would like to go ahead and authorize Commissioner Nix to proceed with the plan that he has outlined, including investigating the fees, the space issues, and taking into consideration the fact that many, many other services and entities want to use the high point that exists in that cupola to locate antennas.

Commissioner Nix: I guess, that’s part of my concern is you allow, and I wasn’t aware, well, I did know there were a couple of things, but, at some point, you’ve got to say, you know, we’ve got no more space. I mean, it’s just something that we need to look at. A day’s notice isn’t enough for me.

Tim Hermes: I realize that it is short, and I apologize for that, but we do have an emergency. It has to do with families that are trying to be on the internet, it has to do with businesses, tier one suppliers to Toyota, TMMI, and all I can do is ask and prevail on your sense of fun and fair play that we might be able to expedite, even a temporary fix.

Commissioner Nix: I’m just curious, that low-e glass has been in there for quite some time.

Tim Hermes: That’s correct, and at the level we were utilizing it, it was working. But, now with the expansion and trying to take on the OVC customers, the signal that we’re trying to put through that, it’s not doing well.

President Musgrave: I would like to make a motion that you go ahead and handle this problem, and report back–

Commissioner Nix: I’ll do that in the two week meeting then.

President Musgrave: Okay.

Commissioner Nix: With the option that if we can get something worked out, maybe temporarily.

President Musgrave: Perhaps you can consult with that board by phone, or call an emergency meeting. So, that’s my motion.

Commissioner Nix: I second it.

President Musgrave: All those in favor?

Commissioner Nix: Aye.

President Musgrave: The motion carries. We look forward to the satisfactory resolution for all parties.

Tim Hermes: When could I speak with you?

Commissioner Nix: Well, I’ve got, we’ve got another probably hour’s worth of meetings or so. I can give you the Commission office number, it’s 435-5241. Just call that in the morning around 8:00 or so.

Tim Hermes: Okay.

Commissioner Nix: I’ll, we’ll get together.

Tim Hermes: Great. Thank you very much.

Commissioner Nix: Okay. Thank you.

President Musgrave: Thank you, Mr. Hermes. Are there any other members of the public wishing to address the Commissioners? I see no one.

President Musgrave: Consent agenda. Is there a motion to approve the consent agenda?

Commissioner Nix: So moved.

President Musgrave: I’ll second. All those in favor?

Commissioner Nix: Aye.

President Musgrave: Motion carries. If there’s no other business, I will ask for a motion to adjourn.

Commissioner Nix: So moved.

President Musgrave: And, I will second. We will follow this immediately with Drainage Board and then Rezoning.

Commissioner Nix: Yes.

(The meeting was adjourned at 4:09 p.m.)

CONSENT ITEMS:

Employment Changes:

Public Defender (2)                 Pigeon Assessor (1)       Center Assessor (1)

Health Department (2)              County Clerk (1)             Sheriff (3)

Travel Requests:

County Council (1)                    Health Department (1)

Auditor:

Surplus Request: printer.

Barrett Law Lien Releases (3): Westwood Barrett Law Project

County Engineer:

Pay Request No. 9: Integra Acct. 4314: Burkhardt-Green River TIF Projects.

Commissioners:

Barnes and Thornburg Lobbyist Quarterly Report.

Drawdown No. 8 & No. 9: Knight Township CDBG Grant Fund.

Girls in Bloom: Use of Centre: Waive Fee not OT: Feb. 2007

Purchasing: Monthly Report: October 2006.

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer                           Supt. Of Bldgs.                         Veterans Service

Those in Attendance:

Cheryl Musgrave                      Bill Nix                                      Bill Fluty

Ted C. Ziemer, Jr.          Marissa Nichoalds                    Madelyn Grayson

Gary Hohman                           Dave Rector                             Bill Jeffers

Pat Seib                                    Tim Hermes                              Debbie Spalding

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Cheryl A.W. Musgrave, President

Bill Nix, Vice President

Recorded and transcribed by Madelyn Grayson.