VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

OCTOBER 24, 2006

The Vanderburgh County Board of Commissioners met in session this 24^th day of October, 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 October 24, 2006 meeting of the Board of Commissioners. It’s 3:30. We will 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.

Preston Edge: Preston Edge, Memorial High School.

President Musgrave: Cheryl Musgrave, County Commissioner.

Commissioner Shetler: Tom Shetler, County Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

President Musgrave: 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 October 17^th?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Is there a motion to grant permission to open bid VC06-10-01?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries. We will be looking to award that bid, if possible, later on in the meeting.

President Musgrave: First action item, Mr. Steve Craig of Burdette Park here on the Keep Evansville Beautiful award.

Steve Craig: My name is Steve Craig, I’m the Manager of Burdette Park. (Inaudible. Microphone not on.)

Steve Craig: Steve? Steve? Turn the microphone on.

Madelyn Grayson: Push the blue button there. I’m sorry, that should have been on.

Steve Craig: I’m here today, Burdette had received a 2006 Beautiful Business Award for our landscaping and that at Burdette, but like I was saying, I think that this is something that should be given to the County Commissioners, that they would have the concern and the enthusiasm for landscape that we would be allowed to do this in the park. They gave me the freedom to pretty well do what we want, but the results are if you come out there to see, I think, are very beautiful, and I want to recommend them for their efforts in letting us do what we can do as well as we do do it. At this time I would like to give them this award. We are starting a tree memorial, and a trail that we’re going to USI with, and I look forward to doing the landscaping on the trails, and the tree memorial with the same enthusiasm that we had that took care of this award here. I want to present this to the Commissioners.

President Musgrave: I think it’s wonderful that you and the members of the staff who worked so hard at Burdette Park were recognized by Keep Evansville Beautiful, with the presentation of this outstanding award, 2006 Beautiful Business Award. That is a really lovely plot here on the front. Congratulations!

Steve Craig: Thank you.

President Musgrave: Next on the agenda is...okay, if you’ll wait for just a moment, Treasurer Tuley, we have the bid opening for the Kuebler Road bridge rehabilitation.

Ted C. Ziemer, Jr.: Thank you. We just have one bid, it is from Gohmann Asphalt Construction, Inc., and the bid amount is $178,400.

President Musgrave: Mr. Seib, would you....there we go...Mr. Seib, you’ll be taking that back and looking it over to make sure it’s complete, and then come back later on in the meeting?

Patrick Seib: Yes.

President Musgrave: Okay, good.

President Musgrave: Treasurer Tuley here to talk about property taxes, our least favorite subject.

Z. Tuley: The most popular elected official in the county, the tax man. I just wanted to remind everybody that the property tax deadline is approaching, it’s November the 10^th. All tax bill information, in case you’ve misplaced your tax bill, can be located on the website at www.vanderburghtreasurer.org . I want to strongly urge the public to pay their property taxes at the 16 convenient bank locations Integra has. It includes all of Vanderburgh County, Gibson County, Posey County and Warrick County bank locations, for your convenience. So, if you work outside of the county, it’s still convenient for you to pay. I recommend that you use the drive thru. If you want to walk in, you’re welcome to walk into the bank. There is no fee there, and you are given and provided an official receipt. If you wish to pay on-line, there is a convenience fee, but on that same website you can pay on-line. You can also pay by 1-800-2PAYTAX, and the jurisdiction code is 2405. However, all of this information is located right on your bill. If you cannot find a bill, you can call my office at 435-5248, and we will be happy to provide you with another one. One of the sticklers that seems to occur every single tax deadline time is that people are dropping their payments in the mail, in the little blue boxes that are posted around town, and they are not paying attention to the last pick up time. If you’ve missed the pick up time, then your payment is not going to be postmarked until the next day, and that makes it officially late. According to Indiana Code we cannot honor a meter mark. So, it has to be postmarked. So, if you are one of those that wants to wait until the last day, I strongly urge that you walk them in to the Post Office to pay. Our office is open from 8:00 to 4:30. The deadline is Friday, November the 10^th. You’re welcome to pay in my office, however, we do have limited parking around the Civic Center, and we usually have long lines, and we do have a limited staff. So, the banks are better equipped to take care of you quickly, if that’s your desire. Any questions?

Commissioner Nix: Z., what’s the latest they can pay on-line? That day up to the closing time of your office?

Z. Tuley: As long as the payment transaction has been completed before midnight, that is considered an on time payment.

Commissioner Nix: Okay, midnight the day they are due?

Z. Tuley: Midnight, uh-huh.

Commissioner Nix: Okay.

Z. Tuley: November 10.

President Musgrave: That web address for your on-line payments is?

Z. Tuley: It’s www.vanderburghtreasurer.org.

President Musgrave: Okay.

President Musgrave: While you’re here, and before you get away, we have some cash management contracts to award.

Z. Tuley: Okay.

President Musgrave: I know the County Attorney has reviewed them. Do you have any remarks to make?

Ted C. Ziemer, Jr.: No, unless you have questions?

President Musgrave: Alright, I am looking for the list of them, and I can’t quite see it. Here we go, the depository agreement with Old National Bank for cash management. Is there a motion to award this contract?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

Z. Tuley: Thank you.

President Musgrave: Thank you for coming to remind us about the property tax due date on November 10^th.

Z. Tuley: Thank you.

Ted C. Ziemer, Jr.: Excuse me. That was, tell me which contract you read there? There are six different contracts which we’ve examined, and all of them are to be approved.

President Musgrave: We have listed on the agenda only one, depository agreement with Old National Bank for cash management. Marissa, did I overlook the other five, or are they listed?

Ted C. Ziemer, Jr.: I’ll just read them into the record.

President Musgrave: That would be fine.

Ted C. Ziemer, Jr.: You, of course, were provided a copy of all of these. Mrs. Tuley has a copies of all of them. We’ve examined all of them, and we have reported, giving our opinion on each contract. There are; depository agreement, a master agreement for cash management services, a wholesale lockbox service agreement, an agreement for automated clearinghouse services, a Bank Connect Plus service agreement, a Bank Connect Plus user access profile sheet, and a Bank Connect Plus billing information. Each agreement, if the Commissioners should decide to approve them, have to do with the depository agreement. Each agreement is to be, and various information was required to be filled in on the agreements, which has been filled in by Mrs. Tuley, and if you approve the agreements, they are all to be signed by the Commissioners on behalf of the Vanderburgh County Treasurer. I think, in most cases, they’re made for the signature of the President of the Commissioners. My suggestion would be that you have a motion to approve all of the agreements which I have read into the document, and then whatever your decision would be.

Z. Tuley: The depository, if I might, the depository agreement is kind of a summary of all of the other agreements that he’s talking about. It basically goes into a little more detail. There are some, if I’m going to remember the acronym correctly, NACHA rules that go along with ACH, and, so, there are certain guidelines that you have to follow. So, those guidelines are spelled out and that kind of thing. With the lockbox it’s the same situation. It’s a little more detailed. We’re going to pick up your mail, and we’re going to process it for you once a day, that kind of thing. It’s just a little more detail, and it’s the standard form for probably any bank.

President Musgrave: To make sure the record is clear. Is there a motion as outlined by our attorney?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries. Thank you.

Z. Tuley: Thank you.

Ted C. Ziemer, Jr.: Then, excuse me, Madelyn, you have those agreements and they’re ready then to be signed by the Commissioners at the appropriate time, right?

Madelyn Grayson: Yes, I do.

President Musgrave: We have here with us today, Greg Grabner and Jay Harris with the county IT department. I guess, we’re calling that computer services, to demonstrate a new website that they were the programmers for, and put in some hours conceiving this website that you see on the screen here. I’ll go ahead and turn it over to Mr. Greg Grabner and Jay Harris, who both shared in the programming.

Greg Grabner: Yeah, let’s see, I guess, here to present the, or show the Vanderburgh County election results webpage that we presented.

President Musgrave: Greg?

Greg Grabner: Yes?

President Musgrave: Talk as closely into the microphone as you can.

Greg Grabner: Okay. Right now we currently have the 2004 election data on there. It’s pretty easy to use. We have the drop down box for the election races. As you can see, Jay right there is browsing, picking one for the State Representative District

76. We have bar graphs on the website itself to show how close the race might have been, how many people voted, percentages and stuff like that. It goes even further down to show the precincts.

President Musgrave: Would you like to pick like another race? Just to show that it’s interactive. This is, again, historical data, November of 2004, and that right there that’s being displayed, that’s School Board District One, and it shows who won, what precinct in a certain color. You gentleman helped make what I saw in my mind appear on the screen, and it’s our hope that on election night we’ll be able to capture the data, the votes as they’re being counted in the election office by precinct and keying that in so that it can be viewed on-line, in addition to the information that the County Clerk normally makes available on-line.

Greg Grabner: Yes.

President Musgrave: To give it a sense of which precinct is being counted, and how it’s unfolding color-wise across the county. These gentlemen helped me over the past couple of weeks. I would like to thank you, and I would also like to thank my daughter, Margaret Musgrave, and my friend Mary Jane Steele who very patiently read the numbers on the spreadsheet to me over a ten hour period so that I could type them in and hand those over to you. But, Commissioners, I wanted you to see that we’ve added this website to the information that we added a couple of months ago, which you a see a link to here on the right hand side, the 2006 precinct maps. If you’ll recall, the League of Women Voters asked us to make those maps available so that they could print them out and post them in stores and libraries and other facilities all around the community, so that everyone would be able to find their precinct and vote on election day. So, this website just gives more information about the results of an election.

Greg Grabner: Correct.

President Musgrave: My strongest hope is that it helps people understand the election process more, and motivates more people to get out and vote. So, thank you for your help. Oh, since you’re the webmaster–

Greg Grabner: Actually, he’s the webmaster.

President Musgrave: Oh, Jay’s the webmaster. Jay, come and give the address where people would e-mail comments or questions to.

Jay Harris: You can send comments and questions to harrisj, or jharris, the letter j, harris@evansvillegis.com.

President Musgrave: Okay, thank you, Jay.

Commissioner Nix: And the website address is, once again?

Jay Harris: Www.evansvillegis.com/election.

President Musgrave: Thank you, gentlemen. I appreciate all the efforts you’ve made.

Commissioner Nix: Thank you for your work.

President Musgrave: We have next on the agenda, the amendment to county ordinance chapter 2.48, commonly known as the ITAC. Mr. Nix, would you like to take this?

Commissioner Nix: Yes, basically, what this amounts to, the only change that was made to the ordinance is we saw a need, I guess, there was a request from the board, from the ITAC board to have a proxy vote if the person that was elected to the board couldn’t make it to the meeting, a proxy vote would, they could designate somebody for the proxy vote. That’s what this addresses. So, and I would like to make a motion that we approve this.

Commissioner Shetler: Second.

President Musgrave: As an amendment?

Commissioner Nix: As an amendment.

President Musgrave: As an amendment to an ordinance, does it require waiving the second reading?

Ted C. Ziemer, Jr.: Yes.

Commissioner Nix: I make a motion that we waive the second reading.

President Musgrave: Okay, and you’re second?

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

Ted C. Ziemer, Jr.: Roll call.

President Musgrave: Roll call. Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes to waiving the second reading. Is there a motion to approve the ordinance?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: And I would like to call for comment at this time. I know I have comments. If anyone has comments? I’m not in favor of this change to the ordinance, because when we first drafted this ordinance, it was to make a new beginning of an old board that was called Data Board, and Data Board gradually declined in its effectiveness over time. So, when this ordinance was brought before us, it was to have the elected officials themselves serve on the board, and not send staff members, their deputies, and I am in favor of the elected official or the head of the department being the person serving on this board. I am not in favor of them not attending these monthly meetings and giving their opinion. So, I will now call for the vote. Unless there are more comments?

Commissioner Shetler: I want to ask a question, is that a permanent designee, or can it change from time to time?

Ted C. Ziemer, Jr.: No, what the ordinance provides for is that any named member, except the person appointed by the Mayor, the Mayor’s appointee is provided for in the ordinance, and then it’s the appointment of the Mayor. So, there’s actually two there. Except for the appointee of the Mayor, any named member can by, in writing, to the ITAC board, name an alternate to serve for him or her. After that person is named, either the named member or the appointment can attend the meeting and be a voting member. That would last until it’s changed by the person who made the appointment.

Commissioner Shetler: Alright, thank you.

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

Commissioner Nix: Aye.

Commissioner Shetler: Aye.

President Musgrave: Opposed? Aye. Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote no. Show the amendment to county ordinance 2.48 as passed.

President Musgrave: We have a second amendment to a county ordinance, 05-06-009, the smoking ordinance. If you’ll recall, we had discussion about this last week that requires establishments to post signage advising that the facility, restaurant, whatever it may be, as a non-smoking establishment. Smokefree Evansville last week said that they would be able to provide most of the signs that are required under this ordinance. There is a single exception that they will not be able to provide. Is there any discussion? Or a motion?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: And I vote yes. Since this is an amendment to the ordinance that motion then was to waive second reading, Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Is there a motion to pass it on first reading?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: Before we do that, I need to go back and do a roll call vote for the first one. Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes. And we have a motion to pass it on first reading, and a second. All those in favor?

All Commissioners: Aye.

President Musgrave: Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes.

President Musgrave: We move now to Keith, is that Poff? Consideration of amended rezoning ordinance VC-16-2006, 1034 Beacon Hill. Welcome.

Keith Poff: Good afternoon. Regrettably I’m here to ask for your consideration on an amendment to the ordinance you passed last week for the rezoning petition. There was an error in the caption of the description that needs to be corrected. I don’t know if you have copy in front of you, but in the caption I had a quarter quarter reference referred to as southeast, it needed to be southwest. Two letters off.

President Musgrave: Is there a motion to waive second reading to amend this ordinance?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: I’ll call the roll? Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: And I vote yes. Is there a motion to pass the ordinance on first reading?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: I vote yes. Commissioner Nix?

Commissioner Nix: Yes.

President Musgrave: Commissioner Shetler?

Commissioner Shetler: Yes.

President Musgrave: I vote yes. Show it as amended.

Keith Poff: Thank you.

President Musgrave: Next on our agenda is a letter from Mayor Jonathan Weinzapfel, notice of termination of joint department of Central Dispatch interlocal agreement. Commissioners, I brought this to your attention because it is a letter from the Mayor wishing to terminate the Central Dispatch agreement that’s been in place, I think, for about ten years, and also to change it a little bit in that it would require us to use the fees from Reverse 911 to fund this department. This has been talked about on the Central Dispatch board for several months, and the Council is aware of it. I think that we need to ask our attorney to sit down with the City Attorney and begin drafting a revised ordinance. This letter constitutes a two year notification, because that’s what the prior ordinance required. So, this is the two year notice from the city that they are no longer willing to continue that agreement and are seeking a different type of agreement. So, if there is a motion to ask our attorney to begin negotiations with the City Attorney?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

Ted C. Ziemer, Jr.: Thank you. We’ll be pleased to do that. I just want to point out that the other agreement does not, however, expire until October 28, 2008. So, it’s not a huge rush that we get this moving.

President Musgrave: Right. I did ask the Mayor if he was going to leave the governing part of the board in place. There’s a board with representatives from all the safety units in the city and the county and the County Council, and it’s the intent to leave that governing structure in place and take, looking more at the financial distribution, and that’s, I don’t think that would be too hard. I would be in favor, if the city is, of going ahead and making those changes now. Why wait two years if that’s our desire?

Ted C. Ziemer, Jr.: Okay, thank you.

President Musgrave: Okay, we already did the first item under contracts, agreements and leases, and we can move now to the contract for group health insurance renewals effective January 1, 2007. Mr. Tony Flittner is here to go over that with you.

Tony Flittner: Hi, my name is Tony Flittner. I’m with Torian Hofmann Dillow and Flittner insurance agency. We act as your insurance advisors for Vanderburgh County. I wanted to recommend that you accept the renewal offer from Anthem Insurance companies at the renewal rates, as they are fair and would be expected. With regard to the Spectera Vision plan, I would recommend that you renew it as well. There is no change in the plan design, and no increase in the rates whatsoever. The dental plan is through Health Resources Incorporated, they’ve offered a plan that at renewal that gives adults orthodontics benefits. I would recommend that you accept that renewal offer. Then the final matter would be with Welborn Health Plans, they’ve offered to renew at a four tier rate structure, which allows for a more fair pricing arrangement between the different classifications of coverage, which would be; a single employee, an employee and spouse, or employee and children, or family. Today, as we speak, the rate structure is three tier. A four tier rate structure is a better way to go. It’s the same way that the Anthem health insurance plans have been offered for years. So, it aligns everything up nicely and makes everything fair from one plan to the next. Then, the final item would be that with Welborn Health Plans, there’s a slight change that we can make with the provider list that will allow a savings to the county, somewhere we hope in excess of $200,000 for the year. I would recommend that that be passed.

President Musgrave: I served on a committee with you and Lloyd Winnecke, president of County Council, Royce Sutton, member of County Council, and we had the advice of Gary Heck from the Health Department and we met over a period of a few months where you managed to surface these options for us, and finding a cost savings of around $200,000 with very minimal impact on any employee access to providers was outstanding work. I want to thank you for finding that for us.

Tony Flittner: Thank you. Was glad to do it.

President Musgrave: Is there a motion to approve the contracts as he listed?

Commissioner Shetler: I do have one question, Mr. Flittner.

Tony Flittner: Sure.

Commissioner Shetler: Did you say on the Health Resources that there was no increase on that?

Tony Flittner: There’s a slight increase. For example, on the single employee, I think, the rate increases 70 cents. For a family the rate increase is $2.46 per month.

Commissioner Nix: I don’t know if it was addressed or not, but the life insurance will remain the same then, at $15,000?

Tony Flittner: The life insurance numbers all remain the same. The rates for those, for that plan does not change. We negotiated a multi-year rate back when we set that in place.

President Musgrave: I did try to talk him out of more life insurance, and he assured me that he had squeezed the blood out of that turnip.

Tony Flittner: She sure did.

Commissioner Nix: I think that you had had an increase in life insurance, not the premiums, but the benefit two years ago? I think it went from $10,000 to $15,000 then. So, that’s a plus in itself.

Tony Flittner: Yes, sir. That’s correct.

Commissioner Shetler: I make a motion to approve.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

Tony Flittner: Thank you.

President Musgrave: Thank you, sir.

President Musgrave: The County Health Department has the Nextel agreement. It’s been reviewed by the County Attorney. It saves money, although I don’t have the exact figure that it saves. There is also a Hewlett-Packard maintenance agreement brought by the county computer services department. It too has been reviewed by the County Attorney, and it looks like it’s about a $4,000 savings. No, I’m sorry, gosh, $11,000 a year? That’s a pretty good savings that they managed to get on that. Is there a motion to approve both?

Madelyn Grayson: I don’t have the Hewlett-Packard agreement in my file. Matt Arvay was going to bring it to the meeting.

President Musgrave: Well, how about if we approve it on the condition that you get the agreement for us to sign? So, is there a motion to approve both of those, pending the receipt of documentation?

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

President Musgrave: Department head report, County Engineer, John Stoll, is being represented by Pat Seib today. It looks like you have a number of items to cover.

Patrick Seib: Good afternoon. Patrick Seib, Assistant County Engineer. The first item I have is to recommend rejecting the bid by Gohmann Asphalt for contract number VC06-10-01. The amount of the bid exceeds the amount that we have in the budget. We can go back and look and see if there’s any changes in design that we can make to lessen that, or possibly see about going to County Council for more money.

Commissioner Nix: How much over budget is it?

Patrick Seib: I could talk about that with you privately, if you like.

Commissioner Nix: Okay.

Patrick Seib: I just am hesitant to make that public record when it comes back time to bid again.

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

Patrick Seib: The second item that I have is regarding a street plan approval for Chadwick Place Subdivision. The County Engineer has reviewed the plans, the design consultant has made the requested changes, and it’s recommended that the street plans be approved.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

Patrick Seib: The third item is to request the approval of the St. George Road bridge design contract with Beam Longest and Neff for the amount of $39,200.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

Patrick Seib: The next item is to request the approval of change order number one on contract VC06-06-02, concrete street repairs. This change order is for additional rock and geo-textile due to poor subgrade conditions encountered in three of the subdivisions, and for some additional patching that was added on during the construction. The total amount of the change order is for $32,127.55.

Commissioner Nix: And there’s money in the street repair for that? Is that the line item it comes out of?

Patrick Seib: Yes.

Commissioner Nix: So moved.

Commissioner Shetler: Will we be able to get this done during this construction season?

Patrick Seib: The work is already done.

Commissioner Shetler: It’s already been done? Okay.

Patrick Seib: It’s just a change order for payment.

Commissioner Shetler: Alright, thank you. Second.

President Musgrave: All those in favor?

All Commissioners: Aye.

President Musgrave: The motion carries.

Patrick Seib: My last item is to request approval of a letter to be sent to Mr. Sam Sarvis up at INDOT’s district office in Vincennes, informing him of the county’s intent to move ahead with the design work for the Burkhardt Road and Virginia Street intersection. The design was placed on hold when INDOT was looking to make an interchange at Burkhardt and the Lloyd. But, now that INDOT has moved that project off their ten year list, and knowing that we have to spend the funds in the TIF by June of 2009, we’re just informing INDOT that we plan to move ahead with that project. Also, letting them know that once it’s done, any changes in the future to Burkhardt and Lloyd, we may have to come back and do additional improvements to that intersection.

President Musgrave: Is there a motion?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

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

President Musgrave: When do you think that we will bid out the construction for the Virginia Street intersection?

Patrick Seib: I’m not sure when, I don’t know how far along R.W. Armstrong is on that design. I want to say we should have those probably by next spring.

President Musgrave: So, construction during the summer on this as well?

Patrick Seib: That’s very possible.

President Musgrave: So, next summer should see this intersection at Burkhardt and Virginia, see construction of Cross Pointe Boulevard through the farm field there and realignment a little bit perhaps on the northern part where it intersects with Morgan, Green River Road, and University Parkway, the Baseline Road bridge. You aren’t going to go on vacation or anything are you?

Patrick Seib: No.

President Musgrave: Okay.

Commissioner Shetler: Oakhill and Burkhardt, or Bergdolt intersection.

President Musgrave: Oakhill and Bergdolt.

Patrick Seib: Yep, it’s going to be a busy year.

President Musgrave: Plenty of road projects to do next year. Alright, thank you.

Patrick Seib: Thank you.

President Musgrave: So, we are not going to award the Kuebler Road bridge rehabilitation, which is number eight on our agenda. We will skip that.

President Musgrave: We will ask for permission to advertise the County Highway’s bituminous paver, VC-15-2006. Is anyone here to address that? Does anyone need to address that? I see Mr. Mike Duckworth coming forward.

Mike Duckworth: Good afternoon, Commissioners, Mike Duckworth, County Highway Department. I’m here to ask you to allow us to move forward with the purchase of the new paver. Many of you have heard of me going to the County Council and talking about the condition that our existing paver is in. We’ve crunched the numbers on how efficient and effective it is for us to continue paving. I think the overwhelming response was that we would continue that. If we’re going to do so, this piece of equipment is desperately needed. This is a lease to purchase agreement. It’s very specific in regards to the timetable set down, so, that we can get this piece of equipment prior to the end of the year and have it ready for next year’s paving season.

President Musgrave: Is there a motion to advertise?

Commissioner Shetler: So moved.

Commissioner Nix: Second.

President Musgrave: All those in favor?

Commissioners: Aye.

President Musgrave: The motion carries. I want to remind the general public that we are now placing all of our legal ads on the Commissioners webpage at vanderburghgov.org, and on the Commissioners home page. We will post those as soon as you make the documents available to us, and that’s generally many days in advance of the ad being placed in the paper. It’s such that somebody could pull that down off line and begin getting their own specs together.

Mike Duckworth: Well, we have those, the bid documents ready. I’ve been working with Debbie Spalding in Purchasing. Those will be relatively soon, within the next week.

President Musgrave: Okay.

Mike Duckworth: So, they will be advertised relatively soon.

President Musgrave: One last, just short item, if I could? I had approached Commissioner Shetler in regards to several concerns from folks about speed limits in some of our subdivisions. In the near future, especially the Brookview area, we’ve had some complaints, and I’ll be working with the County Engineer and bringing some recommendations back to you about some possible changes in that regard.

President Musgrave: Okay. Thank you.

Mike Duckworth: Thank you very much.

President Musgrave: We move now to new business. We have a couple of items that are not listed on the agenda. First, Mr. Dave Rector has an item to bring to our attention.

Dave Rector: Good afternoon, Commissioners, Dave Rector, Building Authority. I have something, real quick, if you would consider. At the new jail, I think you’ve all been there, the stairway at the entry is open underneath it, and we have a situation, I have some pictures here and proposed design. You have to be there to appreciate it, but during visitation period it’s pretty congested, and a lot of times there’s a number of children that are just running amuck in there, and they’re trying to control them, but they’re getting under the stairs and climbing on the stairs. And with that, we’re wanting to post (Inaudible. Away from microphone.)

President Musgrave: Hang on, make sure you repeat all of that for the microphone.

Dave Rector: We have an initial bid in. I need to get a couple of more, but it looks like approximately $10,000. Could we do it cheaper? Yes, but we would like to do it so it matches the stairwell and the spindles. So, it’s as attractive as the jail is. We have about $200,000 left in retainage, retainage/contingency, whatever we want to call it. So, we do have money to do it, and would request permission to get that constructed.

President Musgrave: So, you’re going to use bars, metal bars on it then?

Dave Rector: To match the spindles there, the ballisters and the bannister, it’s ½ inch square tube stock with about an inch and a half railing. So, and we’ll paint it green so it will match the one color picture you see.

President Musgrave: You won’t be putting the children under there?

Dave Rector: That’s up to the Sheriff.

Commissioner Nix: You could put a gate there where we could...no.

Dave Rector: I suggested that, but I don’t think he thought much of it.

President Musgrave: Okay, do you need a motion to get bids, or what?

Dave Rector: I’ve gotten one bid, so you could just have an idea of what it was going to cost. So, we know our worst exposure is about $10,000, and, hopefully, we’ll do better than that.

President Musgrave: Are you looking for action from the Commissioners today? Or just to inform us?

Dave Rector: Permission to move ahead with the lowest bid.

Commissioner Nix: So moved.

Commissioner Shetler: Second.

President Musgrave: All those in favor?

Ted C. Ziemer, Jr.: Excuse me. It will be under $25,000?

Dave Rector: Yes. We know the worst case is a little under ten. So, whatever is less than that.

President Musgrave: We have a motion and a second, all those in favor?

Commissioners: Aye.

President Musgrave: The motion carries.

Dave Rector: Thank you.

President Musgrave: Thank you. I would like to mention that tomorrow will be the funeral for Sergeant Babb. We would like the county residents to display flags for Sergeant Babb. His funeral will be tomorrow at 10:00 at St. Boniface. We have another gentleman here today who wishes to bring some new business to the County Commission regarding animal control. Sir, if you’ll come forward and state your name and address for the record.

William Rainey: My name is William Rainey. I live at 2005 Selzer Road, Evansville, Indiana. That’s on the west side of Evansville. In the past three months, well, actually the last three years, we’ve had problems out on our road, on Outer Broadway Road, Short Selzer Road with animal control. Lots of dogs running wild. Here’s what, I have a petition here, here’s what it states:

“We the people of Selzer Road, Short Selzer Road and Outer Broadway ask that steps be taken to curtail the dogs that are running loose in this section of Vanderburgh County. There were two people bitten, of which one was reported to the Sheriff’s Department just in the last six months. We also request that there be a maximum limit to the number of dogs that are permitted per household, due to the stench and health hazard coming from a couple of homes. One home has 20 plus dogs that are running loose or constantly barking almost 24 hours, seven days a week. We request a dog leash be required for all dogs, or keep them completely confined in a fenced area. The Sheriff’s Department has been called to Selzer Road at least–

I had four times down here, but upon getting signatures for this petition, it’s not four times, they have been called 11 times in the last eight months on Selzer Road alone.

“–if these restrictions could be implemented, our deputies could be freed up to attend to more important matters than running dogs down in neighborhoods. Selzer Road is a dead end street. There are a lot of people who do their morning or evening walks. It’s very sad to see them walking with sticks or clubs so they can defend themselves from dogs running loose.”

This happens every day. It’s not just once a day, once a week, it happens every day. I’ve lived out there for 29 years. I can’t even let my kids, my kids are grown, excuse me, I can’t let my grandkids play outside. Stray dogs coming in. I’ve gone out there before, dogs are coming at them, they have them backed up against the fence. You run them off, turn around, they come back. You call the Sheriff’s Department, according to Sergeant Mulden from the Sheriff’s Department, he’s in charge of animal control, he said there is a state law that says dogs should be on a leash or be in a confined area, which is inside of a fence or something. That is the only law that we have. What we’re asking is that the County Commissioners come up with some kind of a law, pass some kind of an ordinance or something. We just want help. I mean, after three years of this, we’re sick and tired of it. People can’t walk down the street without dogs chasing out after them, getting bit, whatever. There should be something done in this county. We have 180,000 people in this county plus, and to say they have no protections from dogs running loose. With that many people in this county, there shouldn’t be dogs running loose. They should be on a leash. If somebody’s going to walk them, that’s fine. Walk them on a leash, but don’t let your dogs out to run all night long that they come in the next morning. I got a total of 61 signatures here. I went to 70 homes. Out of the 70 homes, I had 61 people sign it. I had two people refuse to sign it, because they let their dogs run loose. The remaining people were not home at the time. So, I have a petition here. I ask for your help. We ask for your help. If we need to go out and get a whole bunch more signatures, we can if we have to, but we’re just asking for your help. That’s all we’re asking for.

Madelyn Grayson: Commissioner, may I make a quick tape change?

President Musgrave: I was just going to suggest that.

Tape Change

President Musgrave: You say these dogs are stray, and some of them are owned by someone in the neighborhood?

William Rainey: 99 percent of these dogs are owned by people in the neighborhood. A lot of people out, anymore, and it’s not just in our neighborhood, because I’ve talked to a lot of other people, come evening time just let the dog run. If he’s got something he has to get rid of, go get rid of it in my neighbor’s yard, don’t put it in my yard. Now, when I mow the grass, I don’t have to fertilize. There’s plenty of fertilizer out there already dumped, and I don’t own a dog. There’s plenty of fertilizer left there for everybody else. People come to me and say, “Bill, our trash cans get knocked over every night. We step out in our back yard, there’s dogs there that we’ve never seen.” 99 percent of these dogs are owned by residents in the area. That’s one of the big problems. Like the one neighbor lady told me, she said, “I can have as many dogs as I want.” I talked to Sergeant Mulden with the Sheriff’s Department, he said, “I’m sorry, and it’s sad to say, this is true. She could have a hundred dogs if she wants them, and she could let them run loose. Basically, our hands are tied. We can go out, we can talk to them, we can tell them you have to pen your dog up, pen your dog up, pen your dog up.” And he said, “Basically, that’s about all we can do.” We have no restrictions in this county.

President Musgrave: Has anybody talked to the owners of these animals?

William Rainey: Well, let’s put it this way. I talked to the Sheriff’s four times in the last eight months, they have gone over there four times in the last eight months, and talked to them. Her response one time was, “Well, I guess, I’ll just pay a hundred dollar fine.” And that was it. The next afternoon the dogs are back in my yard. Now, the Sheriff told me, he said, the Deputy Sheriff or Sergeant told me, he says, “You can call every time there’s dogs in your yard.” I said, “ I can call you every day.” I can call you every single day.” Now, I can’t see tying up Deputy Sheriff’s every single day going out for dog calls. You know, we’ve got dogs already loose. It’s ridiculous. We’re just asking for help. Come up with something, please.

President Musgrave: Alright, if you would like to deliver your petition, we can go ahead and take it.

William Rainey: I would love to deliver this petition.

President Musgrave: Okay. Commissioners, would you like to take this under advisement, and perhaps explore what we could do? I know, the city’s exploring a new animal control ordinance, and I got about ten pages into it and realized that if my cat had kittens I was in violation of this ordinance. So, I’m not sure I want to go that far. But, maybe we could meet on some middle ground.

William Rainey: But, whatever help you can come up with, we would appreciate it. We’re just, we’re fed up.

President Musgrave: I can understand that.

William Rainey: We need your help. Thank you very much.

President Musgrave: Thank you, sir. Alright, I want to give this to the recording secretary.

President Musgrave: Next on the agenda is Deputy Craig Blessinger for a discussion of the proposed FOP/VCSO contract.

Craig Blessinger: My name is Craig Blessinger, and I’m the president of the Vanderburgh County Deputy’s organization. With me this afternoon are Sheriff Brad Ellsworth, Chief Deputy Eric Williams, FOP President Larry Cannon and Jennifer Keppler, our legal representative. Thank you for allowing me to address you today. 95 percent of the deputies of the Vanderburgh County Sheriff’s Office have signed petitions, which you have received, expressing their desire to negotiate the terms of their employment through a collective bargaining, and further be represented by the Fraternal Order of Police in that endeavor. The preparation of this contract, excuse me, has been a joint effort between the FOP, the deputy sheriff’s, the Sheriff and Chief Deputy. All the aforementioned parties fully support this document and hope you, as the Commissioners, will do the same. This contract, we believe, is a fair document that will solidify benefits the deputies have been receiving for nearly two decades. The benefit language seen in this contract is reflective of language you as the Commissioners passed in a recently signed deputy personnel ordinance. Furthermore, this contract will create consistency between the deputies, the Sheriff’s administration, and county in terms of disciplinary measures and benefits distribution and will give the deputies and their families a long term sense of security. Finally, the contract will cost the taxpayers of Vanderburgh County nothing. You’ve each received copies of the contract and have had a chance to review it. The County Council has also received copies of the contract. I’ve spoken with several of them, and they plan to put forth a resolution at their next meeting supporting a collective bargaining agreement. I welcome the opportunity to entertain any questions you may have about the proposed contract, and hope my answers will assist you in your eventual passage of the document. Again, with that said, I welcome any questions that you have in regards to the contract.

Commissioner Nix: I, yeah, and you and I have met quite a few times over this.

Craig Blessinger: Yes, sir.

Commissioner Nix: It appears that it is pretty well the same on staffing of the Sheriff’s Office. I believe, last year it was 105, it’s 108 this year, is there a reason why there’s an increase in that?

Craig Blessinger: I believe that was the wording of the document. I don’t believe that in the last proposed document that we gave you, I don’t know if that included the Chief and the Sheriff in that total.

Commissioner Nix: It did address that.

Craig Blessinger: Okay, so, again, those may be where the discrepancies, it may be just a matter of wording, but, I believe, Chief Williams called today and per line item we are at 108, sir.

Commissioner Nix: Okay.

Commissioner Shetler: Do you have anything else?

Commissioner Nix: Not right now.

Commissioner Shetler: Okay, I guess, the main question I have is, and perhaps I’m incorrect on this, but it seems to me a little bit unusual that you’re combining, it seems like we’re combining two issues here together. We’re dealing with, first of all the issue if the deputies should be recognized by the FOP, or some other group? And, second, whether or not the contract is something that we should accept? And, I’m wondering if we shouldn’t, I think it seems to me a little bit unusual, at least in my past negotiations that I’ve been involved in privately as well as publicly, it seems that we have usually dealt with those issues separately. In other words, that we first would ask the question, should the deputies be represented by the FOP, and does it meet, you know, have they met all the legal requirements? Has there been a majority? And our attorney, along with Mrs. Keppler have looked it over and have decided that, yes, we’ve met the majority, and then the Commissioners decide that the FOP is the proper bargaining unit to represent them. Then, I guess, the second step would be then that we get into the contract, because I see that as being the item that could bog down, to some degree, when you get into negotiating different points of it from here and there, you know, and stuff, on different pages here. So, I’m just wondering if maybe that’s the approach we ought to take here, is to separate this thing into two different questions?

Craig Blessinger: I guess, I’m, are you asking, are you, maybe I’m not totally clear on what you’re requesting of me. Are you concerned about the representation of the Fraternal Order of Police as our negotiating agency? Is that your question? Again, maybe I’m not totally clear on what you’re asking me, sir.

Commissioner Shetler: No, I’m not concerned about it. I think that we have two different questions in front of us. I think you have a question first, if the deputies should be represented by a bargaining unit? That’s one question.

Craig Blessinger: Yes, sir.

Commissioner Shetler: And the second question is, should we approve this contract, or some other contract? I think we need to separate those two questions into two different packages here so that we don’t get...I think that they’re to a point that I wouldn’t want....if everyone feels that it’s the fair and right thing to do to have the deputies represented by the FOP, for example–

Craig Blessinger: Okay.

Commissioner Shetler: –that we not bog down into some nitty gritty just because that there’s a contract dispute, or a little line in the contract that we have a problem with. If we resolve that question, the big question, and then we move forward to dealing with something that may take a little bit of time to work out a contract.

Craig Blessinger: Well, as far that issue with the FOP representation, for the, I guess, two years ago we really took an effort to bring this thing forward to you guys. In that approach, from the very onset of, you know, of our putting this back together, because, again, it’s been in some shape or form for the last probably 15, maybe 20 years. With that approach, the Sheriff, the Chief Deputy, everybody in the administration was along and onboard with this, and signed off on the fact that the FOP would be our negotiating agent. The Sheriff has given his full consent. He’s done so in writing twice, and the last time that we met with you, he did, he stood up here before you and expressed his consent to that agreement. This agreement doesn’t affect their day-to-day operations. So, I’m hoping that part of it answers your question in terms of where we stand in the FOP representing us. Because, it’s consistent across the board, it wasn’t an adversarial approach with the deputies and our administration. It was two entities working together to come to an agreement before we brought it to you. So, on our end, that is not an issue. We believe the FOP is the best representative for us because of their background, their knowledge of law enforcement related issues. Also, the city has been represented by, the members of the Evansville Police Department have been represented by the Fraternal Order of Police for, I believe, and, don’t quote me on this, for at least 30 years. I believe that has worked out in a, well, in a decent manner. So, again, we chose them, and we’re all on board.

Commissioner Shetler: I don’t disagree. I think it’s the appropriate body as well.

Craig Blessinger: Okay.

Commissioner Shetler: I guess, my point is, that in the past when a petition has come before me, whether again privately or publicly, the petition has first of all come forward saying that the employees are requesting this to be represented by–

Craig Blessinger: Oh, okay.

Commissioner Shetler: –whether it be the Teamsters or whatever.

Craig Blessinger: You’re talking about a petition?

Commissioner Shetler: Correct.

Craig Blessinger: Okay.

Commissioner Shetler: That is a separate issue.

Craig Blessinger: Maybe....I misunderstood you. I apologize.

Commissioner Shetler: Then you decide on that.

Craig Blessinger: Okay.

Commissioner Shetler: Then, at some point in time later, maybe the next day, a contract, then you start working out, hammering out those details.

Craig Blessinger: Okay.

Commissioner Shetler: I’m just saying to get bogged down into the big question of whether or not it should be represented or not, we ought to deal with those separately.

Craig Blessinger: Okay, and I can comment on that. It looks like our legal representative wants to add some things. As far as that, and, again, I hope I’m on the same track with you. Petition-wise, and you can concur with Commissioner Musgrave, twice we have sent out petitions amongst all the Sheriff’s deputies, and each time we have, I believe the first was 90, over 90 percent, this was nearly 95 percent of all the deputies agreed that they want the Fraternal Order of Police to be their bargaining agent. So, as far the petitions, in that sense, again, everybody is on board on our end, wanting the Fraternal Order of Police to represent them. I hope that is what you were asking. I don’t know if you were clear. I mentioned that in my, you know, in my initial speech here. Again, Commissioner Musgrave has received those petitions, and actually I have all those petitions back there with me, if you would like to see them for yourself, sir.

Commissioner Shetler: That’s not, I’m not questioning–

Craig Blessinger: That’s fine.

Commissioner Shetler: —I’m just—

Craig Blessinger: But, I wanted to let you know that we–

Commissioner Shetler: –I guess, I’m suggesting more than anything is that, you know, I don’t know how you normally have handled it in a legal way, but I think there’s two questions here. I think we need to address it in two different ways, but correct me if I’m wrong.

Jennifer Keppler: Well, Commissioner Shetler, I would just, Jennifer Keppler, on behalf of the deputies and also the FOP, I would just echo something of what Deputy Blessinger said, which is that the deputies have brought forward petitions showing substantial support from the deputies requesting that the FOP represent them and that they be recognized, the FOP be recognized as the bargaining agent on behalf of the deputies. That happened some time ago, and it’s also happened again here. I suspect what you may be getting at is something more of a private, in the private arena where there is a formal process where individuals seek representation from a particular bargaining representative and then negotiate a contract. We’re a little different here because we’re a governmental entity, or because you’re a governmental entity and the contract negotiation process doesn’t follow the same steps as it would in the private realm. We have here a number of deputies who want to be, want to have the FOP recognized as the bargaining agent, we’ve made that request, and we don’t see any reason why the two can’t be condensed into one thing. To have the Commissioners recognize them as the bargaining agent, and then to begin the negotiations. We’ve got some fairly substantial support here, and, I think, what you may be driving at is a little different in the private sector than it would be here, where the county has the ability to enter into the contract.

Commissioner Shetler: I guess, I’m going back on experience a little bit. You know, with the Teamsters in the past, and, that’s, you know, the way we had done it. I think they preferred it that way, simply because it is a way to get past the