VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

NOVEMBER 24, 2003

The Vanderburgh County Board of Commissioners met in session this 24^th day of November, 2003 at 5:36 p.m. in Room 307 of the Civic Center Complex with President David Mosby presiding.

President Mosby: I would like to call to order Board of Commissioners meeting of Vanderburgh County, November 24, 2003. Introductions are as follows; Tammy McKinney, Superintendent of Buildings; Counselor, Kevin Winternheimer; Commissioner Fanello; myself; Commissioner Crouch; Auditor, Bill Fluty; and Recording Secretary, Madelyn Grayson. It’s on. You can’t hear nothing? Testing one, two. Is that a little bit better? If everybody will, stand for the Pledge.

(The Pledge of Allegiance was given.)

President Mosby: Do I have a motion to approve the November 17, 2003 Commission minutes?

Commissioner Crouch: So moved.

President Mosby: Second. So ordered.

President Mosby: First we have Phil Lawrence, permission to award APA-005-2004, surfacing materials.

Phil Lawrence: Thank you, Commissioners. Did you get the information on the three bidders? We would like to make an award for all three bidders. Typically what happens is, whatever side of town they are, that’s who they call. We didn’t, unfortunately, did not get a bid from Jerry David. We will let our esteemed counsel handle that portion of it. We don’t, I called them and checked with them, and they said, oops. I said, okay, thank you. So, we’ll try to figure out how to get around that portion.

President Mosby: Okay, any questions by any member of the Commission? Seeing none, chair would entertain a motion to accept all three.

Commissioner Fanello: I’ll make a motion to accept the three bidders.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second. So ordered.

Phil Lawrence: Thank you.

President Mosby: Thank you, Phil.

President Mosby: Next up we have Judge Heldt for the community transition program sub-contract.

Carl Heldt: Mr. President, members of the Commission, my name is Carl Heldt, Vanderburgh Circuit Court. Under state law every community corrections program is required to establish what’s called a community transition program. This is a program whereby the inmates in prison who are about to be released, and it’s typically between 60 and 120 days, are sent back to the community in which they are going to return, for want of a better word, for sort of a re-entry type program, to assist them with housing, jobs, and whatever, counseling, or whatever else might be helpful to make them successful when they come back to the community. Which they are coming back. For this, and our corrections program has established a community transition program, for this, the state of Indiana, through the Department of Corrections, sends money to the counties and to our corrections program. Of that money, and I’m going to say $200,000 a year, that may be right or wrong, but I think it’s close, the corrections program gets to keep 25% of it as sort of for setting up the program, and then they can draw down a per diem for each inmate that they have in the program. It’s $15 per day, per inmate. What we have been doing, sparingly, since this program has been set up, with me being the judge, is every once in a while we’ll send someone...first of all, the judge then determines whether a person is coming back or not. The judge looks at the person’s record, what the crime was, what their record is in prison, and basically how successful they think they will be in this community transition program. We’ve sent very, very few people to the corrections complex, simply because there’s no room there. If we sent a community transition person there, we’re taking a bed that could be used by someone in the jail, that’s waiting to get to the community corrections complex, or someone on the street that’s waiting to get there. So, it hasn’t been used much. There is, and what happens then is, is if the money that is being sent by the Department of Corrections isn’t used, and if you don’t have people going through it, and you’re not taking the per diem down, you’ve got to send the money back to the state. So, what we do is we get the money at the beginning of the year, and we send most of it back, I’m going to say most of it, at the end of the year. But, there is a procedure, and the Department of Corrections recognizes this where the corrections complex can sub-contract part of this program through a probation department, and that’s what I’m asking for permission to do. I run the probation department for Circuit and Superior courts, adult probation department. The law allows a community transition program to take place within a probation department. What that will mean is, is it’s an intensive type probation, where the person isn’t staying at the complex, but when they come into the jail, our probation officer goes over there, goes through all the requirements that a person is going to have to follow if they are let out on this program, and they have to voluntarily sign up and agree to do all of this. Once again, there’s a lot involved as far as, and a lot of it is in this sub-contract that I think you have in front of you, it’s an intensive supervision and assisting this person to reintegrate them back into the community. Then, so, what I’m saying is, since we can’t put very many people in the corrections complex, the Sheriff and I and the advisory board have agreed that it will sub-contract to the probation department. This will accomplish several things, first of all the state of Indiana very much wants us to get much more active in community transition. We haven’t done it much, and they’ve indicated their displeasure, and, of course, they are the one’s that furnish a lot of funds to us for community corrections. Secondly, I think we can provide a service for these people that they wouldn’t otherwise get in prison. Thirdly, we can keep much more of the state money in the community. I can use that to supplement into our adult probation funds to help support and pay for the other services that we run, such as the alcohol and drug abuse probation service, for which we get no county funding at all. It’s all self supporting and it needs the money. So, those are the things that I want to try to accomplish. The Sheriff and I met and discussed some of his concerns, and I think those have been resolved as follows; he was concerned, and rightly so, and I am too as a member of the advisory board, that this doesn’t drain any money away from the corrections complex. It will not, for this reason, first of all these people aren’t going to the corrections complex anyway, and this money that I’m seeking to get is what’s going back to the state and not staying in Vanderburgh County. Secondly, there’s a 120 day termination provision in here, so, if at any point in time the Sheriff, or the advisory board, or you all feel that this program is somehow draining money away from the corrections complex, it can be terminated, on a 120 days notice. I’m confident that is not going to happen, because if the Sheriff and the advisory board comes to me and says, look, this is hurting us, I’ll just pull back from it and not do it anymore. Or do less of it. If there are open beds out there, if we get a new facility built out on Highway 41 and there are beds that are dedicated and we need to fill them, we’ll fill them. If, to back that up, as I said, there’s 120 day termination provision in here. So, I think it’s a no lose situation, and I think the Sheriff agrees at this point, and the advisory point has approved it. The law requires that you approve it, and that the Department of Corrections approves. I’ve already run this by the DOC person, and he seems to be pleased with it, so, that’s why I’m here today for, is to ask you to approve it, and sign it.

President Mosby: Questions by any member of the Commission? Seeing none, chair would entertain a motion.

Commissioner Fanello: I’ll make a motion to approve the community transition program sub-contract.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second. So ordered. Thank you very much.

Carl Heldt: May I ask you to sign these so I can get them off to the state.

President Mosby: Sure, thank you, Judge. These I keep? I’ll let her have it for the record. Thank you.

President Mosby: Next we have Vision 2000, digital downtown proposal, Ken Robinson.

Ken Robinson: Thanks for the opportunity...is this on? I can’t tell. Okay. Thank you for the opportunity to bring before you a really exciting proposal about the digital downtown enterprise zone project that we’ve been working on for a number of months. I would like to distribute a couple of copies of a presentation. For the record, I’m Ken Robinson, Executive Director of Vision 2000. What I gave to you is a brief presentation that we’ve used to explain what the digital downtown enterprise zone is. Tonight we are bringing to you an opportunity to implement one of the recommendations, and that is to bring Wi-Fi communications to downtown Evansville, and particularly to the Centre. Just briefly, you know, we had concerns that we weren’t attracting the kind of investment to Evansville, in terms of 21^st century research and technology dollars and other economic development opportunities. We looked into how we could change that situation. So, we did a number of studies, and those studies indicated that we needed to move forward with a strategy for technology improvements in the community, and we called it the digital downtown enterprise zone, to bring some focus to it. So, in that analysis we found out that really one of the things that we had to really fight in terms of industrial attraction and commercial attraction is an image issue when it came to attracting technology related companies. So, with this partnership that we’ve established with SBC, we feel that bringing Wi-Fi to a city of our size is really a monumental accomplishment. The map that I put up shows the downtown digital enterprise zone. The red lines actually represent where we’re proposing to hardwire the downtown area with a new backbone, but the red dots are where we’re proposing, with the assistance and the program of SBC, to put in a new linkage called Wi-Fi or hot spots. Dave Hanson is with us tonight, and I want to have Dave give his overview of the program, which, again, we’re very excited about.

David Hanson: Thank you, Ken. Again, my name is David Hanson. I work for SBC, I’m on the steering committee for the digital downtown zone. One of the things that we’ve been wanting to do to overcome the image issue, when we look at what the type of fiber, the copper, the type of bandwidth that is in the downtown Evansville area, I don’t think that anybody can argue with us that we have the type of technology that we need to grow and develop. You can get anything from a telephone line to an OC48 sonet ring. Our problem, as a community, according to the research that was done, is that there are a lot of people out there that don’t understand that. They don’t necessarily believe that. One of the things that Wi-Fi will do for us is help improve our image, as far as the technical capabilities of Evansville. So, we approached, as a committee we approached SBC, and what they are willing to do is to come into the area, we are going to pick, we have selected the Evansville Regional Airport, the Casino Aztar, convention centers, the Executive Inn convention center, the auditorium, the Evansville Auditorium, and then what we also would like to do is the downtown main walkway. What that would mean is we put the equipment in, and then you have high bandwidth wireless Internet connection for anyone that is in that area that has a device that is capable of connecting wirelessly to the Internet. So, what we’re proposing, the reason that we’re coming to the County Commissioners is for the Evansville Auditorium, to get your signature. SBC will furnish all equipment at no charge, they will do all installation, they will furnish the Internet bandwidth, the connection, and then continued maintenance. So, there is no expense from a county standpoint. There is a three year agreement, that once we put it in, it stays in there for three years. Any questions or comments about Wi-Fi?

President Mosby: Any questions? Counselor?

Kevin Winternheimer: May I ask a question?

President Mosby: Sure.

Kevin Winternheimer: I’m totally confused here. You’re running wires and that’s all? Are you putting satellites up? What is this? I have no idea what this is.

David Hanson: Wi-Fi, wireless Internet, it’s part of a–

Kevin Winternheimer: I understand that, but I don’t know what you’re putting in. What kind of devices are you putting in ?

David Hanson: What we’re going to put in is a piece of equipment, it’s about the size of a laptop.

Kevin Winternheimer: Okay.

David Hanson: Then it’s hooked to a telephone line. That’s what is actually installed.

Kevin Winternheimer: Okay.

David Hanson: The telephone line is an Internet connection–

Kevin Winternheimer: Right.

David Hanson: –either T-1 or a DSL, as far as the bandwidth.

Kevin Winternheimer: Okay.

President Mosby: Are there any other questions? Seeing none.

Rick Borries: David?

President Mosby: Yes?

Rick Borries: No, I was going to get that David–

President Mosby: Wrong David. You.

Rick Borries: You might say a little bit about revenue for the county.

David Hanson: That’s true. For everyone that utilizes, that connects on to this wireless device at this particular hot spot, wherever the hot spot is located, that entity will receive 80 cents per day for every time they connect on to the Internet. So, for example, the reason we’re thinking that the convention center is an excellent prime location for a city, is because the number of the traffic, the public that’s there. Once you have a convention there, you have people using either a laptop, or they are using a PDA, and they access the Internet on that wireless hot spot, the county would receive 80 cents per day for each person that does that. So, there is a revenue stream. This is obviously not typical of what we would do as far as the company is concerned. We’re putting in 20,000 of these hot spots nationwide. Normally we don’t furnish everything free, we try and charge for our services, like the Internet connection. In this case, for these locations, we do have the authorization where we will pay for 100% of the cost.

President Mosby: Okay. Are there any questions?

Commissioner Fanello: I would just say that I met with Mr. Robinson and Mr. Hanson and Mr. Borries about a week ago to discuss this, and I think it’s an excellent idea, because it’s an excellent marketing tool for our convention center. So, I would be in support of us pursuing an agreement.

Commissioner Crouch: I’m very much in favor of it. I was (Inaudible. Mike not on.)

Commissioner Fanello: I think that we could, my intent would be to make a motion to pursue an agreement with them. We’re not signing anything tonight, because there’s nothing for Kevin to look at, at this point. I think what they would like to know is if we want them to move ahead with pursuing this for the convention center.

Commissioner Crouch: Are there any other companies that would also be interested in doing what SBC is doing?

David Hanson: To be honest with you, I couldn’t speak for them. I doubt it, from the standpoint of the prime locations we, as a company, are going for are the larger cities; O’Hara, San Antonio, San Diego. Obviously, those are the prime spots. What we have done, because the committee approached SBC saying we want you to put these in here. The advantage with being with a large network, 20,000, it’s actually called Freedom Link, the branded name, is that when you leave Evansville and you go to the airport, you can use your wireless Internet, laptop, or PDA and you fly into Chicago, you can use it there, you go to San Diego, you can use it there. You don’t have to pay a different fee, another fee every time you log on. So, that’s the advantage of being with a large network. I would anticipate most of those that are going to be successful are going to be those that have a nationwide network. There’s none that I know of here actually in Indiana. This would be, I hope, the first.

Ken Robinson: That brings up an interesting point. You know, we weren’t even on the radar screen for SBC until we undertook this initiative. You know, we’re a small community, when you read about Wi-Fi , it’s generally in the large markets. I would say that this is really a stretch for SBC to do this, but I think that they saw the real potential and the real value of what we’re putting together here. So, I think we have a real opportunity for, you know, for moving the community forward, and SBC has been a great partner in helping to do that. Otherwise, I don’t think that anybody would even have considered Evansville at this point. So, it’s a real good–

Commissioner Crouch: So, we aren’t excluding any competition on moving forward.

David Hanson: I think the reason, you know, I don’t think there would be a lot of interest initially is that Wi-Fi is kind of in the early stages, there’s not a lot of people here in Evansville that are going to have a wireless device. There’s no need to have one if you can’t log on. So, which comes first? We’re spending the money, and I don’t anticipate any kind of reasonable return for three years. I don’t know that there are many companies willing to make that kind of investment. That’s why I said what I did. But, what we would like to see is that the County Commissioners agree that they want to move forward with this, and then sign the agreement, and then as soon as this is done we’ll do a site survey. The other suggestion that some people have had is that we also do Wi-Fi in this meeting room and possibly the one next door. Once it starts, there will be several entities that will want a hot spot. Obviously, we won’t be doing those for free though.

President Mosby: Okay. Are there any other questions? Was yours a motion? I have a motion to pursue a contract.

Commissioner Fanello: Yeah, to pursue an agreement to move forward.

President Mosby: Motion to pursue an agreement with–

Commissioner Crouch: I will second.

President Mosby: I have a second. Motion and a second, so ordered, to pursue an agreement.

David Hanson: Thank you.

President Mosby: Next we have election equipment financing, which we held last week.

Commissioner Crouch: Mr. President?

President Mosby: Yes, ma’am. Yes, Commissioner.

Commissioner Crouch: I spoke with, or communicated with Lloyd Winnecke, the Finance Chair for the County Council. He had indicated that....am I not on?

Commissioner Fanello: I don’t know, you’re just, I can’t even hardly hear myself on here either.

Commissioner Crouch: But I spoke with Lloyd Winnecke, the president of County Council, regarding the source of funding for the payments, and he had indicated that while they were a little reluctant to designate a specific fund, it would more than likely be COIT. Whether it would be regular revenues to the General Fund or the COIT Windfall. So, with that, I make a motion that we go ahead and approve the election equipment financing.

Commissioner Fanello: I would second that motion.

President Mosby: I have a motion and a second to pursue election equipment. So ordered. Any Commission contracts?

President Mosby: Public comment?

President Mosby: Any old business?

Commissioner Fanello: I think we have one item.

President Mosby: Go ahead.

Commissioner Fanello: Are you sure? Unless you were going to bring it up, old business, and that’s the estimate that Chief Deputy Williams gave us, I think a couple of weeks ago regarding the community corrections facility. I think they are probably looking for some direction. Just as a little bit of insight, I met with our insurance agent today from Old National Bank and discussed this issue, and I would probably like for Kevin to pull out the lease agreement again, and look at that lease agreement and speak with the insurance agent before we made a final decision.

Brad Ellsworth: Brad Ellsworth, vice president....vice president, I don’t know what I am. Sheriff and community corrections board. Vice president, okay, well, now everybody knows. No. I think it might also be prudent at that time, and I probably owe the Commission an apology. When I took the phone call, I think I programmed in Joe’s phone first on a Friday night, or whatever night it was–

Commissioner Fanello: You got one at home too, huh?

Brad Ellsworth: –and discussed some of the options. It might be prudent at that time to meet with the insurance agent and call our landlord and get a meeting with a member of the Commission or two, or, I guess, one, and discuss, and the attorney, and discuss the options. The ones that are listed in the paper, there are probably more options, but, I think, like I said, we’ve got some estimates before us. So, I’ll do anything, whatever the Commission, the pleasure is.

Commissioner Fanello: I know this is a short week, so it might be hard to get it back on the agenda by next Monday, but, I would make a motion that we instruct our County Attorney, Kevin Winternheimer, to speak with our insurance agent, and possibly the landlord and the Sheriff about what options we should pursue regarding the repairs.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second. So ordered.

Brad Ellsworth: Thank you.

President Mosby: Any other old business?

President Mosby: Any new business?

Commissioner Fanello: Commissioner?

President Mosby: Commissioner.

Commissioner Fanello: One item that I’m not sure was discussed last week. I think we talked about a piece of the...I should have done this under the election equipment financing, but a piece of that equipment, there’s a new model in the equipment that we’re buying that is on the agenda to be certified by the state, and I’m not sure if you discussed that last week. ES&S has provided an amendment to the contract that they signed, saying that they will, as of this time, deliver the model below that one that is certified, and once the new model is certified, they will replace that equipment. So, what I would like to do is just add this into the record, and maybe each Commissioner initial it or something. But they sent me the two pages that described that equipment.

Kevin Winternheimer: And, Kevin, has he seen that?

Kevin Winternheimer: Yes. I was the one that was talking to them. They told me the model number is the one that is currently certified, but is the current older model is the model 550, and as soon as they get the model 650 certified by the state, which they expect it to be January of next year, they will substitute them out. We will not pay for the model until it is delivered, the new model. That comes off the price until delivery, and then we pay for it at that point. Yeah, I’ve reviewed that exhibit A, and I think that’s the easiest way to do this. They have it outlined in there what they are going to do, and they will even pay for the shipping of the old model back to them when they deliver the new model.

Commissioner Crouch: That was a motion?

Commissioner Fanello: That’s a motion.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second. So ordered. Enter this into agreement, exhibit A, on election equipment.

Commissioner Fanello: I think we could probably just initial it.

President Mosby: Any other new business? Seeing none, department head reports, County Engineer.

John Stoll: First item I’ve got, I would like to request approval to make some right-of-way purchases on the Darmstadt Road bridge project. This is for the replacement of the structure on Darmstadt, immediately north of Inglefield Road. Valerie Harry has been negotiating with two of the property owners, and they have agreed, verbally, on some prices. So, I would like to request approval to purchase the Tucker parcel for $500.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

John Stoll: Then on the Mann parcel, I would like to request approval for making a $100 purchase on that parcel.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

John Stoll: The next item I’ve got is also on that bridge, it’s a notice to bidders, and it’s requested this be approved and advertised.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

John Stoll: I also have the cover sheet for the plans that needs the Commissioners signatures. I just request approval that the Commissioners sign that cover sheet.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

John Stoll: Next I have a street acceptance request for Clear Creek Subdivision. This is section four of Clear Creek. It is for 1,767' of Sterchi Drive, 1,080' of Big Hill Drive, 1,066' of Reliance Drive, 413' of Valley View Drive, and 472' of Mallory Court, for a total of .90 miles.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

John Stoll: Next I have a request for a street acceptance in section three of Windemere Farms Subdivision. This is for 1,032' of Wheaton Drive, 804' of Stonewick Drive, and 1,015' of Windfield Drive, and this is a total mileage of .54 miles.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

John Stoll: Next I have a request, a letter to send to a property owner on the Lynch Road project, section three, this is the Freson property. This is a letter that we send the 30 day notice to vacate the property. The property has been purchased, and this is just letting her know that we would like all property, all of her personal property removed from the house at 7474 Old Boonville Highway by January 2, 2004.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

John Stoll: Next I have a request for approval for a water line installation that Warrick County plans to do in Vanderburgh County. This water line will go up Baseline Road out to Highway 57, and then ultimately up to the northeast corner, northeast quadrant of the I-164 and I-64 interchange. Morley and Associates have prepared some plans for this, and I’m requesting the Commissioners approval for locating this water line within the right-of-way. There are some areas on the plans that show public right-of-way, I would question whether or not that right-of-way exists. So, I just want to point out that this is solely for the areas where we have documented county right-of-way. I didn’t want the county to be on the hook for granting approval for installation on private property if that ultimately what the plans show. I mean, we just don’t feel that the documentation is there to support some of the locations on the right-of-way, as shown on the plans. But, for the locations where right-of-way does exist, I’m requesting the Commissioners approval for this installation.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

John Stoll: I did contact the Evansville Water and Sewer Department, and they have approved the plans with the intent of accepting the water line for maintenance, once it is complete. Last, I would like to request approval to get a purchase order to hire Savage Engineering for the design of a flashing light that would be installed at the Upper Mount Vernon Road and Red Bank Road intersection. The design fee for this would be $1,700. This would be for a federal aid project. EUTS has secured some safety funding for the flashing light installation at that location. I talked to Dave Savage today and he said, basically, as long as he had a purchase order he would bill according to the hourly fees established in his agreement with the traffic department. So, I just need approval for the purchase order for $1,700.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

John Stoll: That’s all I have, unless you have anything else.

President Mosby: Are there any questions? Thank you, John.

John Stoll: Thanks.

President Mosby: County Highway, Dennis.

Dennis Hudnall: Good evening. Dennis Hudnall, County Highway. First of all I have a request for, to excess out some equipment that we have setting out at the garage that’s outlived it’s life. I have a copy of it here. This equipment right now is not being used at all. The trucks are in need of repair, and it’s just taking up space in the yard. What I’m trying to do is review all of our equipment, and excess out what we do not use, or do not need. So, I request that the Commissioners approve that I put this on the auction excess list.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

Dennis Hudnall: The only other thing I have is to ask you if you have any questions on the report, weekly report.

President Mosby: Any questions? Thank you, Dennis.

Dennis Hudnall: Okay. Have a good night.

President Mosby: County Attorney, Kevin.

Kevin Winternheimer: The only thing I have to report is that I did attend a seminar last Wednesday in Indianapolis, and it was on TIF’s, tax abatement, and tech parks, and it was undoubtedly the best seminar, I think, I have ever attended in my life. I think what, it shows you that when the speakers know what they are talking about, they are able to communicate it. So many times you feel as though the speakers don’t really know what they are talking about. These people did. The best part is that they had a question and answer, so you could ask all those questions about how they fit together. The good news is, as you remember about a week or so ago we talked about tech parks, and one of the big questions we had was how TIF’s and tech parks work together, and they do work together very well. It is very common that they go hand in hand, which is a question that I had. I just wanted to let you know that it was well worth the trip. I don’t claim to know everything about it, but at least I know enough now to ask, how to ask questions about it. It was a very good seminar. I got some materials, and I’ll make a copy and leave that in your office, if you would care to look it over. It may be kind of hard to follow without having actually having attended the seminar, but it was an excellent seminar. That’s all I have to report.

President Mosby: Are there any questions?

President Mosby: Superintendent of County Buildings, Tammy.

Tammy McKinney: I have a contract that I want to add to the consent items. It’s for the Sheriff’s public safety computer upgrade. They do have the money in the budget for this, so, I ask that this be approved.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

Tammy McKinney: Second, I have, I put the Xerox lease agreement on the consent items, and I want to defer that until next week.

Kevin Winternheimer: If I might, the only thing, she had me take a quick look at it, and the only thing I had is that I always like to see a non-appropriation clause in there. A lot of times these companies have governmental lease provisions, and their sales people just forget to submit them. Where it says that it’s a continuing lease, that if in some year the money is not appropriated, that we can get out of it. That was basically my only concern. So, if we can contact them, and see if they don’t. It seems like Xerox has one of those. I know many of the companies do. You just tell them give us your governmental contract form rather than your standard retail customer type form. See if that doesn’t do it. Otherwise, I don’t have any problem with it.

President Mosby: Any questions or comments? Do we need a motion?

Commissioner Fanello: When I go to make a motion under the consent items, I can just–

President Mosby: Okay. Do you have anything else, Tammy? Okay.

President Mosby: Burdette Park, Gary.

Gary Hohman: Gary Hohman, Burdette Park. You have before you the revised edition of the guidelines for the Discovery Lodge. There were two changes made to these guidelines from the original proposal. One of them was in guideline number one that you had questions on last week. That sentence has been extracted from guideline one. The other change was in the original version was guideline number eight has been eliminated, and it pertained to the hanging of decorations from the building. We felt like that the liability factor, and so forth involved, and the difficulty of finding any type of piece of equipment that would reach 42' in that building would be rather difficult. It would have to be some form of a motorized piece of equipment, which we do not like, would not like to have inside that building. Those are the only two changes that were made in the original proposal that was sent to you.

President Mosby: Are there any questions?

Commissioner Fanello: Do you know if they...did you check other rental facilities around town to see what kind of guidelines they have?

Gary Hohman: Yes, ma’am. That, plus every question that we’ve been getting regarding the building have been applied to this. Then we also have our regular lease agreement that ties in with, and these guidelines will be added to the portion of our original lease agreement when that building is leased by anyone.

Commissioner Fanello: Do we need to make a motion to approve these? I’ll make a motion to approve the guidelines for the Discovery Lodge.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second to approve guidelines. So ordered.

Gary Hohman: The only other thing we have is our weekly report. If you have any questions regarding, I would be glad to answer any questions that you might have.

President Mosby: Any questions? Thank you, Gary.

Gary Hohman: Thank you.

President Mosby: Soil, do I have a motion to accept Soil and Water and Ozone?

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

Commissioner Fanello: Motion to accept the consent items, with the exception of the Xerox lease agreement.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second. So ordered. Do we have a motion to adjourn?

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

(The meeting was adjourned at 6:16 p.m.)

CONSENT ITEMS:

         Jail Expenses: Repro Graphics: $9,500.36.

         Travel Requests:

         Commissioners               Health Department

         Employment Changes:

         Cum Bridge          Superior Court                Circuit Court

         VCCC                             Sheriff Department         Burdette Park

         Request for Service: Circuit Court.

         Auditor: Submit Financial Statement.

         Treasurer: Submit October, 2003 Monthly Report.

         Sheriff: Public Safety Computer Upgrade Contract.

         Those in Attendance:

         David W. Mosby             Catherine Fanello           Suzanne M. Crouch

         Bill Fluty                          Kevin Winternheimer      Tammy McKinney

         Madelyn Grayson           Phil Lawrence                 Carl Heldt

         Ken Robinson                 David Hanson                 Rick Borries

         Brad Ellsworth                John Stoll                        Dennis Hudnall

         Gary Hohman                 Others Unidentified         Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

David W. Mosby, President

Catherine Fanello, Vice President

Suzanne M. Crouch, Member

Recorded and transcribed by Madelyn Grayson.