VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

NOVEMBER 22, 2005

The Vanderburgh County Board of Commissioners met in session this 22^nd day of November, 2005 at 3:30 p.m. in room 301 of the Civic Center Complex with President Cheryl Musgrave presiding.

President Musgrave: Good afternoon, and I will call to order the November 22, 2005 meeting of the Board of Commissioners of Vanderburgh County. We will start with introductions.

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

Commissioner Shetler: Tom Shetler, County Commissioner.

Commissioner Nix: Bill Nix, County Commissioner.

President Musgrave: Cheryl Musgrave, Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

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

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

(The Pledge of Allegiance was given.)

President Musgrave: I would like to note for the record that we had an Executive Session today where we discussed pending litigation.

President Musgrave: We have on the agenda some minutes which need to be approved.

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 several action items for permission to advertise in Purchasing.

Commissioner Nix: Move approval that we grant permission to advertise APA-0163-2006, liquid asphalt; APA-020-2006, toners and ink cartridges; and APA-022-2006, computer and copy paper.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Purchasing, report of bid openings at Board of Public Works.

Phil Lawrence?

Phil Lawrence: Thank you. We opened the bids last Thursday at the Board of Public Works for APA-002-2006, crushed stone; APA-003-2006, sand and gravel, both of those had one bidder, Mulzer Crushed Stone; APA-008-2006, batteries, that was three bidders, Batteries Plus, Busler’s and Holderfield. They were all taken under advisement. I will have the complete analysis for you next week.

President Musgrave: Thank you. We have permission to award quotes, County Engineer? Pat Seib is here today.

B.J. Farrell: Commissioner Musgrave, if I may? Mr. Lawrence referenced he would bring those to the Commission next week. We will not be here.

President Musgrave: That’s right. We will not hold a meeting next week. Our next Commission meeting will be two weeks from today. Mr. Seib?

Patrick Seib: Good afternoon. I’m here to request approval to award contract number VC05-11-01, Middle Mt. Vernon Road culvert number 624 replacement to CCC of Evansville for the amount of $27,966.94.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

Patrick Seib: I would also like to request approval to award contract number VC05-11-02, that’s Barton Road culvert slip lining, also to CCC of Evansville for the amount of $9,825.62.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries. Thank you, Mr. Seib. Will you have a report later? Or do you want to–

Patrick Seib: Yeah, I can address that now if you would like.

President Musgrave: Okay, go ahead.

Patrick Seib: Another thing that I have is to request approval for change order number two for contract number VC05-05-01, concrete repair of various roads. This change order is an increase of $70,706.54.

Commissioner Nix: Is that on the concrete portion of the paving?

Patrick Seib: Yes.

Commissioner Nix: Okay. So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

Patrick Seib: I also have a request for approval for a sidewalk waiver request. This is for Fawn Creek Subdivision, Section B. They will be constructing sidewalks on the south sides of lots number 41, 42, 43 and 44. On the east side of lots 53 and 54, and on the west side of lots 22, 23, and 24. ADA handicap ramps will also be constructed at the end of these runs of sidewalks. No sidewalks will be constructed in any other lots. I also have a map if anybody wants to take a look.

Madelyn Grayson: Pat, do you have a written waiver request that you would like for the Commissioners to initial today? Or was that just a verbal request?

Patrick Seib: I believe it was just verbal.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

Commissioner Nix: Excuse me, let me back up just a second. We normally put that on some type of a document. I was wondering, is that–

Madelyn Grayson: Usually they just provide a written request, and then you initial off on it that you approved it.

Commissioner Nix: Okay, yeah.

President Musgrave: Would you bring that so that we can circulate it and initial it in the coming days?

Patrick Seib: Yeah, that’s fine.

President Musgrave: Okay, thank you. Next, I have a request for approval of the plans for project number VC05-12-01, that’s Number Six School Road drainage improvements.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

Patrick Seib: Next is to request approval to publish the notice to bidders for contract number VC05-12-01, Number Six School Road drainage improvements.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

Patrick Seib: Then my last item is to announce that I’ve talked with the contractor represented out on Mt. Pleasant Road earlier this morning, and he said they were finishing up line striping today, and they have some water line work tomorrow, and Mt. Pleasant Road should be open by 3:30 tomorrow afternoon.

Commissioner Shetler: Great.

Commissioner Nix: Excellent.

President Musgrave: Thank you. I’m sure everyone will be very excited about that. Is that everything?

Patrick Seib: Yeah.

President Musgrave: Okay thank you for coming, Mr. Seib.

Patrick Seib: Thank you.

Commissioner Nix: I would like to say on that project we appreciate the patience with all the people that live out in that area out there. I know it’s been a little trying at times, but I think the improvements have been well worth the wait and the inconvenience. So, once again, anyone that’s been inconvenienced by that, I thank you for that.

President Musgrave: We move now to Burdette Park, the approval of suggested park rates. Mr. Steve Craig?

Steve Craig: Steve Craig, Manager of Burdette, and I was requesting approval of the suggested park rates as discussed and passed at our last advisory board meeting.

President Musgrave: Are there any questions?

Commissioner Nix: Do you have just a summary of the rates for the, or for the public, I guess?

Steve Craig: Yes, I do. I think Madelyn has them right there.

President Musgrave: Is there anything that you would like to highlight?

Commissioner Nix: Anything to touch on at all? I know there’s quite a few different.

Steve Craig: No, there was just rates, they were for 2007 and 2008, and we usually the rates we raise them according to what inflation’s been just so we can keep up with the utilities and the maintenance on them and that. There was nothing that stood out.

Commissioner Nix: Thank you. Move approval.

President Musgrave: I know that the advisory board worked pretty hard on coming up with those rates, and they’ve approved them at their meeting.

Steve Craig: Yes, Ma’am.

President Musgrave: That you’ve submitted to the Commissioners today.

Commissioner Nix: Move approval.

Commissioner Shetler: I’ll second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: We move now to the second reading of the ordinance concerning construction site runoff control. This is the second and final reading. Are there any comments on this proposed ordinance? Any questions? Is there a motion?

Commissioner Nix: I move approval of the second reading on the drainage runoff, site runoff control.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: This requires a roll call vote. Mr. Shetler?

Commissioner Shetler: Aye.

President Musgrave: Mr. Nix?

Commissioner Nix: Yes.

President Musgrave: And I vote yes.

President Musgrave: We come now to department head reports. We’ve already heard from Mr. Stoll and from Purchasing, are there any other department heads here who have a report? Mr. Duckworth?

Mike Duckworth: Good afternoon, President Musgrave, members of the Commission, ladies and gentlemen. Mike Duckworth, Superintendent of the County Highway Department. I am here to let you know that the county was notified yesterday that a public assistance declaration has passed. What basically that means is the declaration puts us in kind of a different mode as to how we handle the clean up of the Eastbrook Trailer Park. There are several varied components that reach into this as far as, first and foremost, how we gain authority to go on to the property. The first thing I would say to you is that the property owner was issued a letter some ten days ago regarding the possibility of some health issues. Through our County Attorney, Mr. Ziemer, who has been in constant contact with the property owner, it has been determined that we will gain the ability to move on to the property starting this Friday. The FEMA declaration allows us to be reimbursed for time spent in the overtime mode. So, we are activating our County Highway Department, as well as two private contractors to go on to the property starting Friday to clear the heavy debris and ensure that those health issues are dealt with properly.

President Musgrave: I think in order to do that we need to address the Health Department’s order. Mr. Ziemer, would you like to go over any part of that?

Ted C. Ziemer, Jr.: Well, as Mr. Duckworth indicated–

Madelyn Grayson: Mr. Ziemer, is your microphone on?

Ted C. Ziemer, Jr.: –on November 10^th a letter was sent to the property owner indicating that there were, that the debris there constituted a hazard to public health and safety, and asking that it be mitigated, and asking that there be a response within 24 hours. Today a letter has gone out to the property owner indicating that in as much as no action was taken in the intervening ten or eleven days and the time for appeal of that order had passed, that the county had determined to go on to the property to remove the debris in order to eliminate the public health and safety hazard. Then the letter from the Health Department indicates the various conditions that constitute public health and safety hazards such as road and insect harborage, fiberglass insulation mixed with debris, fuel from overturned vehicles, residential and agricultural chemicals mixed with the debris, and so forth. That letter will be, it has been signed by Dr. John Heidingsfelder, the Vanderburgh County Health Officer, and it will be sent to the property owner today.

President Musgrave: As a result of this serious situation regarding public health and safety, I’ve been advised that we need to have, to extend the local emergency proclamation that we signed on November 6^th. We need to cover the intervening days with one proclamation, then carry forward with another proclamation. So, I would like....do we need a motion for these, Mr. Ziemer?

Ted C. Ziemer, Jr.: Yes.

President Musgrave: We need to have a motion for these two emergency proclamations.

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: Any discussion? All those in favor?

All Commissioners: Aye.

President Musgrave: So we have an emergency in place, we have the notice to the mobile home park owner, and you will be moving in the equipment and taking care of the serious threat to public health and safety that exists at Eastbrook Mobile Home Park beginning Friday?

Mike Duckworth: We will begin Friday, and to add to that emergency situation, normally when we ask for bidding on work as such because of the amount that may be incurred, we would get, go through the normal bidding processes. Due to the emergency situation, and the fact that the county is under a state of emergency, the health situation, it states in our bidding policies that under those circumstances we may go forward without extending that bidding process. I’ve checked with Phil Lawrence in this, I’ve talked with him in regards to contracting Allied Waste, who is going to be, of course, the dump site where we take the debris, as well as assisting in the transportation of that in some of their larger carriers. Also, we will contract with Klenck Construction because they have the heavy duty equipment that were on rollers that could, you know, not puncture the tires and get into the very tough areas that we need to and pick up the heavy equipment and put it in those carriers.

President Musgrave: And you expect to be finished by Monday morning?

Mike Duckworth: Yes, we’ll be finished...I didn’t know if you were talking about this report or if you were talking about–

President Musgrave: I mean the clean up really.

Ted C. Ziemer, Jr.: We were talking about the work, but we hope both.

Commissioner Nix: You know how you are, Mike.

Mike Duckworth: Thank you, Mr. Ziemer. That really hits me coming from an attorney that I’m taking too long, but, yes, we hope to be finished by 3:00 on Sunday. In fact, with doing those two companies, we’ve also asked Trockman to come out, Mr. Trockman to come out and his recyclables to take all the frames out and separate those, and that is taking place now as we speak. In addition, we’re going to ask volunteer groups at noon on Sunday to come out and do some of the little raking up and that kind of thing that they’ve requested. Groups such as CAPE and churches and the West Side Nut Club to continue some of their work as well. So, with that request, and those things I would tell you that the cost of this would, with the FEMA declaration, with the contract between the property owner, who has agreed to collect some insurance that some of the property, some of the mobile home park, some of the mobile home owners have, that we don’t anticipate the out of, immediate out-of-pocket cost to the county to exceed $100,000. We do, and have filed the proper paperwork and kept the proper documentation so that the entire amount that is used, within that $100,000 cost to the county can be reimbursed by FEMA.

President Musgrave: Okay, thank you, Mr. Duckworth. Was there anything else to report?

Mike Duckworth: No, thank you.

President Musgrave: Thank you.

President Musgrave: Mr. Ziemer, do you have a report?

Ted C. Ziemer, Jr.: Yeah, I’ve got two items. First, this is a quote received by the Board of Health for equipment back up services in the amount of $4,757. It’s under $25,000, usually requiring three quotes, however, there is only one entity that could provide the back up service required, and the quote of that entity is $4,757. Sam Elder, the Director of the Board of Health is here to address this. Then I would just like to welcome to the meeting, Dr. John Heidingsfelder, who is also joining us today, and I think that’s maybe in connection with the letter sent to the property owner regarding the health and safety hazard. So, Mr. Elder?

Sam Elder: Sam Elder from the County Health Department. The manufacturer requires that the person that we make this contract with be certified to provide the maintenance for this back up unit, which we’re required to have because of the vaccines and things that we store in the lab. So, that’s the sole supplier of it. We have a similar thing, there’s a local certified Liggett contractor for refrigeration, and he does our refrigeration work at Schmitt. But, this is the only provider of this service that would comply with the manufacturer’s requirements.

President Musgrave: Do you need a motion on this?

Ted C. Ziemer, Jr.: Yes, to approve that quote.

Commissioner Nix: That’s to purchase the Liebert unit?

Ted C. Ziemer, Jr.: That’s right.

Commissioner Nix: This is to install it also? Or just to purchase it?

Sam Elder: What did you say?

Commissioner Nix: The Liebert unit?

President Musgrave: Is it to purchase and install? Or just purchase?

Sam Elder: No, no, it’s there, it was supplied by the, when they, by Southwestern Mental Health. We required them to have it. The, it came as a surprise to us, you know, the maintenance contract.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Thank you, Mr. Elder.

Sam Elder: Thank you.

Ted C. Ziemer, Jr.: Thank you, Sam. The only other item I have is just to say that since the meeting of the, the special meeting of the Commission a week ago Monday, making a determination to clean up the debris at the Westbrook, or Eastbrook Mobile Home Park, I’ve been in the process of negotiating an agreement with the owner of Eastbrook Mobile Home Park, and that is Westbrook Corporation, under the terms of which the county would clean up the debris out there. Westbrook Corporation would see to the collection of the insurance, both from itself and from it’s tenants who are the owners of the mobile homes in the mobile home park, and that the proceeds of that insurance would be paid to the county to reimburse the county for it’s expenses, and others to the extent that there was sufficient funds to extend to others. The agreement provides for a letter of credit to be issued by Westbrook Corporation to the county in the amount of $100,000, and if the amount of insurance collected by Westbrook Corporation and paid to the county is less than $100,000, then the county would, then Westbrook Corporation would owe a dollar to the county for every dollar less than $100,000 that the insurance proceeds were equal to. The agreement also provides for various agreements on the part of Westbrook Corporation relative to the tenants out there, in connection with abatement of rent under certain circumstances and cancelling of leases and returning security deposits under other circumstances. The agreement has been signed, I have two copies of the agreement signed by Westbrook Corporation, and would recommend to the Commissioners the signing of the agreement.

President Musgrave: Questions? Mr. Shetler?

Commissioner Shetler: I don’t know if this is a question or a clarification here. On, basically, on those insurance, our intent is for the individuals that is for the debris removal aspect of the insurance, and not for other parts of insurance like recouping of their actual costs?

Ted C. Ziemer, Jr.: This agreement only deals with the removal of the debris, and it’s only insurance that covers debris removal. No other aspect of the policies are involved.

Commissioner Shetler: Alright, thank you.

President Musgrave: Is there a motion.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: Any discussion? All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. Thank you, Mr. Ziemer. I know that that took a tremendous amount of time.

Ted C. Ziemer, Jr.: One other comment. The bill, I mean, the letter of credit is not attached. I’ve been notified by an officer at Old National Bank that it had been approved and it would be executed by the bank and in my hands tomorrow. So, I’ll see that it’s delivered to you.

President Musgrave: Thank you.

President Musgrave: Superintendent of County Buildings, Mrs. Farrell?

B.J. Farrell: I do have two items today for the Commissioners. I’m requesting a travel request be approved to attend the County Commission conference next week due to you absence with the things that are going on in our county. And we have a problem with the ice machine at the Centre, and Dave Rector is here to bring you up to date on that and ask for your permission.

President Musgrave: Are you asking to amend the consent items for the travel request?

B.J. Farrell: Yes, thank you.

Dave Rector: Good afternoon. The problem is it’s not working. It’s broke. It’s the main ice maker in the kitchen up there. We’ve gotten quotes to replace it. This is outside of the other F&B monies that we had agreed to spend earlier in the year is why I’m coming to you. Brucken’s was low at $3,525 to repair, to replace the one that’s broken. SMG’s also asking if you would consider to install one in the downstairs main concession stand. When we built it, I guess, we never put one in, so, what happens when they have an event in the auditorium, they have to get the ice from upstairs and carry it downstairs and put it in coolers, and they would like to put one downstairs in the main concession stand. That was $4,402. Both of these, I think, would come from F&B.

President Musgrave: Are they low bidders?

Dave Rector: Yes. Brucken’s was the low bidder on the replacement, and C&T Design was the low bidder on the all new unit.

President Musgrave: Commissioners, is there a motion?

Commissioner Nix: Do you have money in place to do that?

Dave Rector: Yeah.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

Dave Rector: Thank you.

President Musgrave: Thank you.

President Musgrave: I believe now we move to new business. Is there any new business, Commissioners?

President Musgrave: Is there any old business, besides the District Three meeting, which is next Tuesday at 3:30 in the Burdette Park O’Day Discovery Lodge. This is a meeting where members of the public can come and talk to the Commissioners in a less formal atmosphere, away from the television cameras. The meeting is not recorded, although notes are taken, and the notes are entered into the record. So, is there any other old business?

President Musgrave: We come to public comment. Is there any public comment today?

Douglas Knight: Good afternoon. My name is Douglas Knight, and I’m one of the judges in the Vanderburgh Superior Court. I’m here on behalf of those judges, as well as the Clerk, Treasurer, Auditor, and Recorder of Vanderburgh County. Those offices have been meeting for quite a number of months in an effort to formulate an IT ordinance. We have finished that work, and have presented, about a month ago, a copy of the proposed ordinance for the consideration of the Commissioners, the County Council, the Mayor and the City Council. My purpose is to formalize that presentation and make a formal request that it be considered by the County Commissioners, and whatever action is appropriate that it be taken. I’m available at any time to explain and discuss the contents and meaning and purpose of the ordinance. I know time is short today, if there are any questions I would try to answer them, but I’ll make myself available at any other date and time that you may select. Mr. Shetler, I don’t believe you have a copy. Ms. Crouch got your copy. I’ll see that you get one tomorrow.

Commissioner Shetler: Thank you.

Douglas Knight: Thank you. Any questions? No? May I approach you and provide you with a copy now?

Commissioner Shetler: Yes, sir.

Douglas Knight: Thanks.

Commissioner Shetler: Thank you.

President Musgrave: Thank you, judge.

Douglas Knight: Thank you.

Commissioner Nix: Thank you.

President Musgrave: Is there any other public comment?

President Musgrave: Then we move now to the consent items, there has been already one amendment for a travel request.

Commissioner Nix: I do have one other amendment, it’s actually invoice number six for payments out of the FF&E account out at the new jail project. It’s in the amount of $94,900, I would like to add that to the consent items.

President Musgrave: Is that a motion?

Commissioner Nix: Yes, that is a motion.

President Musgrave: Is there a second?

Commissioner Shetler: Second.

President Musgrave: Will you include in your motion the travel request?

Commissioner Nix: Yes, and also the additional travel request by Mrs. Farrell.

President Musgrave: And your second also includes that, Mr. Shetler?

B.J. Farrell: Commissioner, if I may? The Public Defender’s Office had sent a surplus letter asking that a bookshelf and a table be declared surplus. They did call our office today and ask if they could change that to bookshelf only. They have room for the table and decided to keep that.

President Musgrave: Okay, so, would you–

Commissioner Nix: I will amend that to include that also.

B.J. Farrell: Thank you.

President Musgrave: And, Mr. Shetler, indicates that he is changing his second. Any further amendments? Any discussion? All those in favor?

All Commissioners: Aye.

President Musgrave: Do we also, did we approve all of the consent items in your motion?

Commissioner Nix: Yes, that was the only one I had was this additional.

President Musgrave: In which case, if there’s no further business to come before the regular meeting, I will ask for a motion to adjourn.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: We will move immediately to the Drainage Board.

(The meeting was adjourned at 3:57 p.m.)

CONSENT ITEMS:

         Employment Changes:

         Area Plan Commission (1)       Center Assessor (1)       Sheriff Dept. (2)

         VCCC (1)                                  Pigeon Assessor (1)       Health Dept. (1)

         Travel Requests:

         Commissioners (1)         County Assessor (1)       Center Assessor (1)

         Knight Assessor (1)        SWCD (3)                       County Engineer (1)

         Burdette Park: Day Camp Letter.

         Commissioners:

         Notice of Proposed Precinct Boundary Changes Legal Ad.

         Lobbyist Activity Report: May-Oct., 2005: Barnes & Thornburg

         Evansville ARC- Monthly Report for October 2005.

         Jail Construction Payment Number 73: $14,234.16

         Jail Construction Payment Number 74: $1,037,248.98

         Community Corrections Payment Number 14: $33,891.11

         Community Corrections Payment Number 21: $658.66

         March of Dimes Letter: Extending display of lights at OCH.

         SWIRDC: Financial Settlement/Expenditure Report: Jobe’s Lane Close Out

         Blue Claims: FF&E Account: Jail Project: $94,900

         Weights & Measures: Monthly Report: October 2005.

         Public Defender: Surplus letter: bookshelf.

         Department Head Reports:

         Burdette Park                 County Engineer             County Highway

         Ozone Officer                 Supt. Of Bldgs.               SWCD

         Veterans Services          CIO

         Those in Attendance:

         Cheryl Musgrave                      Bill Nix                            Tom Shetler, Jr.

         Bill Fluty                                    Ted C. Ziemer, Jr.          B.J. Farrell

         Madelyn Grayson                     Phil Lawrence                 Patrick Seib

         Steve Craig                               Mike Duckworth              Sam Elder

         Dave Rector                             Douglas Knight               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.