VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

OCTOBER 3, 2006

The Vanderburgh County Board of Commissioners met in session this 3^rd day of October, 2006 at 3:32 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 meeting of the Board of Commissioners of Vanderburgh County. It’s October 3, 2006, at roughly 3:30. We’ll start with introductions to my right.

Marissa Nichoalds: Marissa Nichoalds, Superintendent of County Buildings.

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

Commissioner Nix: Bill Nix, County Commissioner.

Preston Edge: Preston Edge.

President Musgrave: Preston is shadow today for Commissioner Nix, and he’s from Memorial High School.

Commissioner Shetler: Tom Shetler, County Commissioner.

Rachel Krampe: Rachel Krampe, 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: Is there a motion to approve the minutes of September 26^th?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: We have an action item, the County Treasurer is here seeking permission to open bids for the cash management. Is there a motion to open the bids?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: County Highway, Mr. Duckworth is here to discuss the county ordinance regarding yard signs. In this active election season, I think some folks need reminding about the dos and don’ts.

Mike Duckworth: Thank you. Good afternoon, Commissioners, and shadows, and public officials, ladies and gentleman, Mike Duckworth, County Highway Department. I am here today to discuss an ordinance that was enacted regarding signs, and, of course, it identifies the signage that is better known as the political signs, or first amendment signs, and allows them, of course, to be placed in private property. The problem that we run into is when people have a tendency to place them, to get better coverage, in public right-of-way. Of course, that is prohibited. In addition to that, some of these signs are probably bigger than they should be, and cause site distance problems for motorists, and, of course, that’s prohibited. So, we would like, and we would ask all candidates to watch out for that, and all property owners to abide by that as well. There is a procedure set down in the ordinance that basically says that in the event that a person places a sign in the public right-of-way, that it can be removed by the County Highway Department, because that’s where we do work on ditches and culverts and mow and do tree work and those kinds of things. In the event that we should remove a sign, we will bring it to our property, located at the intersection of St. Joe and Mill. We will hold it there for three days. We will contact the owner of that property to tell them that they can pick the sign up. After three days, I think our policy has been in the past to contact the party headquarters of the folks, and if no one picks up, then we’ll dispose of it. We will answer any complaints about these signs and investigate those said complaints, and do our due diligence in making sure that we follow the ordinance to the letter. So, if there’s any questions or concerns about that, I would be glad to address those at this time.

President Musgrave: This is a county ordinance, chapter 17.26, if I’m reading this correctly. Are these on line? So, they can go to the County Auditor’s page on line and read the whole chapter if they would like to, to make sure that they are conforming with county ordinance.

Mike Duckworth: That’s right. Of course, there are lots of candidates this year, and we want to keep things fair, we want to keep things ensured that there’s not any traffic problems due to these signs, and continue the county’s work as needed.

President Musgrave: But, you’re not going to go out on sign patrol?

Mike Duckworth: No, no.

President Musgrave: If you see the sign, you’re going to pick it up?

Mike Duckworth: Right.

President Musgrave: If somebody calls in and complains, “Hey, there’s a sign in this particular—

Mike Duckworth: When you say, “you”, it will not be me.

President Musgrave: A member of the Highway Department.

Mike Duckworth: It will be staff on the Highway Department, but, of course, we have much to do rather than go on sign patrol. We won’t be doing that, but we will respond to any complaint that comes in out of the county.

President Musgrave: Commissioners, any questions? Alright, thank you.

Mike Duckworth: Okay, thank you.

President Musgrave: Department head reports. Mr. John Stoll, County Engineer?

John Stoll: First, I would like to request approval of a notice to bidders for the rehab of the Kuebler Road bridge. It’s located between Meier and State Road 65. The project will consist of installing a new concrete deck, removing the existing deck, and then extending some wingwalls and installing some pipe. If this notice to bidders is approved, we would open bids on October 24^th.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: Then, also I have the cover sheet for the plans for that project that needs your signatures. Madelyn has that, I forgot to mention that. The next item I have is, I would like to request approval to award the bid for contract number VC06-09-02, Schmuck Road culvert number 663, to CCC of Evansville for the amount of $63,336.86. CCC provided the low bid on the project.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: Then, next, I have the bridge inspection agreements, again, with Beam Longest and Neff. The amount of that contract was $131,800, of which 20 percent will be the county’s cost. The agreement was forwarded to INDOT, INDOT has since reviewed and approved the agreements. So, now it’s ready for your signatures.

President Musgrave: Is there a motion?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor.

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: Also, in conjunction with the bridge inspection, INDOT also forwarded us an agreement between Vanderburgh County and INDOT. That agreement spells out the stipulations as far the requirements that we have to meet in order for them to provide the 80 percent federal funding on the bridge inspection project. The contract has been reviewed by the County Attorney and he found it acceptable. So, I would request approval of the INDOT-Vanderburgh County agreement.

President Musgrave: Is there a motion?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

John Stoll: Then, next, I have a change order on contract number VC06-05-01, this was the rehab of the Old State Road bridge up north of Mount Pleasant Road. This change order is for an increase of $17,917.96. The primary reason for the large increase was due to the fact that there were some existing bumps on each end of the bridge. In order to level that out and provide a smooth ride we had some overruns on the concrete deck overlay, as well as the approach asphalt.

Commissioner Nix: And we’re still within budget on that?

John Stoll: Yes.

Commissioner Nix: Okay.

John Stoll: It won’t take any new appropriations or transfers.

Commissioner Nix: Move approval.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

John Stoll: The last item I have is a notice of intent for land disturbing activities for the University Parkway project between Upper Mount Vernon and Marx Road. The notice of intent has to be filed with IDEM, and even though we won’t, hopefully, be, actually we probably won’t be constructing the project until sometime mid to late next year, Bernardin Lochmueller is the consultant on the project is going to go ahead and file this paperwork with IDEM, and it needs your signatures.

President Musgrave: Is there a motion to approve?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

Commissioner Shetler: John?

John Stoll: Yes.

Commissioner Shetler: Before we get too much further here, Green River Road and Lynch Road intersection, what’s the date we’re looking at on that?

John Stoll: Based on the remaining work, it looks like about another couple of weeks. They were finishing up the grading work, hopefully, today, if not tomorrow. Then, they got some seeding, and some additional striping, and some sign installation. So, it shouldn’t be anything more than another couple of weeks. The turn lanes that have been constructed on Lynch, and on the south leg, on Green River, haven’t been opened as of yet, but, once the striping’s been done, then they can get those opened. But, all the through lanes are open at this point.

Commissioner Shetler: All the through lanes are now open, and it’s the, the traffic is back to normal? Pretty much back to normal, what it was?

John Stoll: I believe so. I don’t think they’ve had to close down any lanes for any short term work. As far as I know all of the through lanes are open, and they should remain open.

Commissioner Shetler: Will they be doing that striping, and any other minor things that need to be done, in slower, if there are slower, periods of time during the day?

As opposed to 7:30 to 8:30 in the morning, and as opposed to 3:30 to 5:00 in the evening?

John Stoll: I really don’t know their exact schedule as of yet?

Commissioner Shetler: Can we kind of request that? Because those have been pretty tough times, and it’s really put a bad situation, I think, for the residents out on that side of town.

John Stoll: Okay, I’ll ask them about that. One other item too real quick, on the deeds that have been referenced on the agendas for the last couple of meetings in regard to Ruston Lane and Highway 57. We did get the signed copies of those back, and since it didn’t require any Commissioners signatures on those deeds, we’ve gone through and submitted those for recording. So, once we do get them recorded, then we’ll reference it on an upcoming consent agenda. But, we did just want to give you an update that that paperwork was received, and we are getting it recorded.

President Musgrave: Okay, thank you. Anything else?

John Stoll: That’s all I have.

President Musgrave: Mr. Ziemer, report on the opening of the bids.

Ted C. Ziemer, Jr.: Yes, thank you. This is for cash management services for the Vanderburgh County Treasurer. We have four bids, and I want to point out that there are numerous variable contained within each bid, and then an indication of what the charges would be for those services, and then each bidder gives a total cap amount or total estimated annual charge. So, it’s that bid that I’m going to read. Then, if the Commissioners vote to take these under advisement, then the Treasurer will review the services indicated in each bid and the amounts provided for that in arriving at a recommendation to the Commissioners for the bid to perhaps be approved. With that in mind, Integra Bank’s bid is $12,500; Old National Bank’s bid is $11,500; Regions Bank bid is $43,156; and Fifth Third Bank bid is $19,500.

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

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries. See you next week. Mr. Ziemer, do you have anything further?

Ted C. Ziemer, Jr.: I don’t.

President Musgrave: Thank you.

Z. Tuley: Do you mind if I mention one thing, just really quick?

President Musgrave: Certainly.

Z. Tuley: The last contract that you signed for me back in March with the American Financial Credit Services, we have now had seven months worth of collection, to the tune of almost $700,000. The exact figure is $685,879. We are very pleased.

President Musgrave: And that money goes straight into the General Fund?

Z. Tuley: No.

President Musgrave: No?

Z. Tuley: It does get distributed to the townships, and the demand fee itself gets quietused into the General Fund, but it’s a big boost to all that had worked really hard. They have kept us hopping.

President Musgrave: Good.

Z. Tuley: Okay.

President Musgrave: But, it is spendable money right away, because it’s back taxes.

Z. Tuley: Yes, yeah, as soon as we do settlement.

President Musgrave: That’s wonderful. Thank you.

President Musgrave: Marissa Nicholads, Superintendent of County Buildings.

Marissa Nichoalds: I just have a few items for you. First of all, starting this week, bid documents, especially those that the Commissioners bid out, will be placed on the Commission website for anyone to review that’s interested in bidding on any county items. Second of all, I have a request from SWIDC to use the Centre, with a waiver of fees, but not overtime for a leadership program.

Commissioner Shetler: Marissa, with regards to putting those out on the website, would they be able to place a bid by e-mail, or anything like that as well?

Marissa Nichoalds: I do not believe so. I think, it will just be information with specific instructions to turn in bids, as normal, sealed by 3:30 the day of the meeting.

Commissioner Shetler: Would statutes prohibit us from doing that, Ted? From getting into–

Ted C. Ziemer, Jr.: Yes.

Commissioner Shetler: Alright, thank you.

President Musgrave: So, these bid documents that we put are essentially the exact same thing that we’re putting in the newspaper. Any legal ad that we approve for the newspaper we’ll go ahead and put up on our website?

Marissa Nichoalds: Right.

President Musgrave: Oh, I think that will be so handy. People will find that very useful. Just so you know, our website address is vanderburghgov.org, and you can pick the Commissioners page, and there are lots of pages to pick on there. So, I encourage you to find those and look at them. Because it does get it out there a few days earlier than the newspaper will be advertising them, and they’re in a form that you can download, and forward, and do all sorts of good things with. Okay. Is there a motion to waive the fee for the Centre for SWIDC leadership program?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Mrs. Duckworth? Norma Duckworth is here to give us an update on some successful grant applications.

Norma Duckworth: Norma Duckworth, the Vanderburgh County Soil and Water Conservation District. Yes, it’s good to come and bring you good news. We’ve been recently notified that we have received three separate grants. The first two are from the State Soil Conservation Board, with the Clean Water Indiana grant money. One of those grants is for $5,000 to help restore Howell Wetland, to make it more effective. We used some earlier Clean Water money to do some regrading and a native plant seeding. This will be used on water leveling and some earthen dams. It should make the wetland much more effective. The second one from the Clean Water money is a CREP marketing program. CREP is a program using state and federal monies, a cost share program. It’s completely voluntary, to work with farms on field borders, seeding, tree planting. What this is doing is, this money will only be available in the Pigeon Highland watershed area until the end of 2007. So, we’re going to be doing a mailing explaining this program, and anybody who’s interested could call the office and possibly sign up for some of this cost share money. So, we will be doing a mailing on that. We also received, just recently, notification from DNR on Lake and River Enhancement money, which comes from boat fees and registrations. It’s know as LARE, L-A-R-E, and that’s the way it’s publicized quite a bit. It’s a LARE grant, and we received $30,000 for the Locust Creek watershed, which is, of course, a sub-watershed of Pigeon Creek. Most of it will probably be in more ag type cost share. Some of this can be used with federal and state monies, and some of it will be stand alone cost share. We are also going to be having a public meeting December 5^th and December 6^th. The 5^th will be in the evening, probably at the Vanderburgh County 4-H Center. The 6^th will be a morning meeting, probably at the same place. We don’t have any times set up for that yet. This also is a completely voluntary program. We’ll be offering cost share money for things like tree plantings, again, field borders, and other conservation programs to improve water quality in Vanderburgh County. If we utilize this money, we will be eligible for possibly $6,000 to $90,000 more for this watershed in the next two to three years. So, we’re very excited about it, and we wanted you to know. We do have a little blurb on these on our website, especially the LARE program, because we are seeking people who want to do some work on their property. If anyone would be interested, they could go to our website, which is www.vandswcd.org, and our phone number is 867-0729. Again, these are cost share monies, and these are volunteer programs to increase conservation on the land and improve water quality. Any questions?

President Musgrave: No, congratulations to everyone who worked on that. It’s wonderful to know that property owners who want to take advantage of this, have some money that they could possibly tap to improve, not only their own water quality, but as it goes downstream.

Norma Duckworth: Very well said.

President Musgrave: Well done.

Norma Duckworth: Thank you.

President Musgrave: Thank you.

President Musgrave: Is there any new business?

President Musgrave: Any old business?

President Musgrave: Any public comment. Norma?

Norma Duckworth: Yes, Ma’am?

President Musgrave: Would you tell them out in the hallway that this is the time for public comment, in case that was the moment they’re waiting for? Thank you.

President Musgrave: While we wait for the public comment, the consent items, we need to amend, has it been amended already? It’s not on this list? It is on the list? So, the SWCD/Four Rivers letter needs to be removed from this consent agenda. Is there a motion to remove it, and then approve the amended list?

Commissioner Nix: So moved, as amended.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: I’m being signaled that the gentleman in the hall is not interested in making a public comment at this time. Is there anyone else? Do I have a motion to adjourn?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: We stand adjourned.

(The meeting was adjourned at 3:50 p.m.)

CONSENT ITEMS:

Employment Changes:

Superior Court (1)                     Health Department (2)              County Clerk (2)

County Highway (1)                  Pigeon Assessor (2)                 Burdette Park (2)

County Assessor (1)                 Area Plan (1)

Travel Requests:

Legal Aid (1)                             Health Department (1)              Area Plan (1)

County Engineer (1)

Commissioners:

Evansville ARC: Report of Activities: August 2006

September 26, 2006 Department Head Meeting Notes.

Treasurer: Monthly Report: August 2006.

Purchasing: Monthly Report: August 2006.

County Engineer: Pay Request No. 4: Integra TIF Account 4314.

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer                           Supt. Of Bldgs.                         Veterans Service

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Cheryl A.W. Musgrave, President

Bill Nix, Vice President

Tom Shetler, Jr., Member

Recorded and transcribed by Madelyn Grayson.