VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

SEPTEMBER 18, 2007

The Vanderburgh County Board of Commissioners met in session this 18^th day of September, 2007 at 3:30 p.m. in room 301 of the Civic Center Complex with President Bill Nix presiding.

President Nix: Good afternoon. I would like to call to order the Board of Commissioners of Vanderburgh County, September 18, 2007 at 3:30. I will start with introductions to my right.

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

President Nix: You’ve got to push the button there, Jeff.

Commissioner Korb: He had to tell me what to do, push the button. I’m Jeff Korb, County Commissioner.

President Nix: Bill Nix, County Commissioner.

Commissioner Tornatta: Troy Tornatta, County Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

President Nix: If you’ll join me in the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

President Nix: We’ll start out with the first action item which is permission to open bids. This is a removal of the debris from 102 Read Street. I think Building Commissioner, Roger Lehman is here to address this.

Roger Lehman: Thank you, President Nix, and welcome, Commissioner Korb. It’s always good to see you, and Commissioner Tornatta, and the rest of the group. I have bids today, actually a bid. As most of you are aware, you have a property that you received unwantingly on tax sale, and the garage burned down, and so the county forces got it on the ground, and now the house needs to be demolished. On behalf of the Commissioners we solicited bids, and we got one. So, the attorney ought to open this.

Commissioner Tornatta: Motion to open bid.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: While that bid is being opened, we’ll move on to the next action item. This is election of officers. I will open the floor up for election of officers at this time.

Commissioner Tornatta: Ted, do we still nominate the President at this point, or do we just fill the Vice President?

Ted C. Ziemer, Jr.: The President is going to stay the same. So, no, we just elect someone Vice President, and that’s all we do.

Commissioner Tornatta: Okay, motion to elect Jeff Korb Vice President.

President Nix: I second that. All in favor? Aye.

Commissioner Tornatta: Aye.

President Nix: Opposed same sign. Congratulations.

Commissioner Korb: Thank you very much.

President Nix: Welcome, Commissioner Korb.

Commissioner Korb: Thank you. It’s good to be here.

President Nix: Mr. Ziemer, do you have the bid ready?

Ted C. Ziemer, Jr.: I do. To remove the existing house and garage at 102 Read Street, the bid is $8,300. That bid is from J.L. Crane Concrete. There are no other bids.

Roger Lehman: So, I would leave it at the Commissioners discretion if they wish to accept this.

Commissioner Tornatta: Motion to take under advisement.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Thank you.

Roger Lehman: We will await your direction.

President Nix: We’ll probably go....we’ll bring this in front of the meeting next week.

Commissioner Tornatta: Ted?

President Nix: We’ll bring that in front of the meeting next week for–

Madelyn Grayson: I’ll see that it’s on the agenda for next week.

President Nix: Okay, thank you.

Roger Lehman: Alright, thank you all. Have a good day.

President Nix: Thank you, Roger.

President Nix: The next action item is the County Engineer, award bid for VC07-08-01. This is the Bromm Road culvert 1338. I believe Mr. Stoll is here today.

John Stoll: The recommendation is to award to–

Madelyn Grayson: The mic’s not on, John.

John Stoll: The recommendation is to award it to CCC of Evansville for the amount of $99,946.55. They provided the low bid on the project.

President Nix: Questions from the board? If not, I’ll entertain a motion.

Commissioner Tornatta: So moved.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Thank you.

President Nix: The next action item is resolution CO.R-09-07-011, this is to transfer properties to the Evansville Redevelopment Commission. Mr. Ziemer?

Ted C. Ziemer, Jr.: The county in 2007, as opposed to prior years when we simply sold certificates for tax sale, has obtained deeds, or obtained title to the various properties that were not sold on tax sale. Two of these properties are properties that would be useful to the Redevelopment Commission, should the county desire to transfer those properties to the Redevelopment Commission. Last year we had three properties that fell in this category, and they were deeded, by quit claim deed, to the Redevelopment Commission without any charge for that. I will advise the Commissioners that there are charges of the county in connection with acquiring titles to these properties. As to each of these, we think the notice charges, plus the charge for obtaining the 20 year title search, plus the attorney’s fees that would be attributable to this would make the cost....the county has spent approximately $600 on each of these properties. It would be reasonable for the county to consider charging the Redevelopment Commission $600 for each property. On the other hand, these are properties that have absolutely no use to Vanderburgh County. If they’re not transferred to the Redevelopment Commission, then they’ll simply sit there. No one is ever going to buy them. The only reason the Redevelopment Commission can use them is because they abut other property owned by the Redevelopment Commission, which makes it useful to them. It will make the property larger. I’ve discussed this with Ms. Rusk at the Redevelopment Commission this morning. They are going to have a meeting on this, I believe on September, well, I forget the date they’re going to have a meeting, but following that meeting they’re going to get back to me, and indicate what they would be willing to pay for these properties. I can then bring that back to the Commissioners, and then you can determine whether you want to accept that payment, if any, they may determine that they don’t want to pay anything for the properties, or whether you just want to deed the properties to the Redevelopment Commission. I would suggest that you don’t do anything at today’s meeting.

Commissioner Tornatta: So moved.

Commissioner Korb: Ted, who would be responsible for paying the property taxes on that? Or, because we’re a government body are there no property taxes?

Ted C. Ziemer, Jr.: Well, there are no property taxes after we take title. Yeah.

Commissioner Korb: Okay.

President Nix: A motion has been made.

Commissioner Korb: Second.

President Nix: All in favor? And, that motion, I guess, is to table this until you get back with us? All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Thank you.

President Nix: The next action item is first and final reading of CO.09-07-012, the street sign and traffic control. I believe, Mr. Blaine Oliver is here today from the Area Plan to discuss this. Good afternoon.

Blaine Oliver: Good afternoon. Blaine Oliver. Let me try that again. Blaine Oliver, Assistant Director of the Plan Commission. I’m before you this afternoon to discuss a proposed amendment to the subdivision ordinance. Basically, what the amendment does is it allows for signs, road signs and traffic control signs to be put in quicker than what the existing situation is now. It would be a developer’s responsibility in new subdivisions to install the signs, whereas now the county is installing them. But, once a new subdivision is recorded, homes have begun to be built within the subdivision, often times there’s a lag period there of maybe up to a couple of years before the streets are accepted and the county actually does go out and put the signs in. Or, actually it’s the city sign shop that the county contracts with to put the signs in. So, we have this period where there’s no signs out there. It’s a safety problem for emergency vehicles, for delivery vehicles, and for the general public just not being able to find these new streets because there’s no signs. So, we’ve written this amendment to our subdivision ordinance to address that problem.

President Nix: Thank you, Mr. Oliver. Is there anyone else in the audience that would like to address this ordinance?

Bill Pedtke: Good afternoon. My name is Bill Pedtke. I represent the Southwestern Indiana Builders Association. We’ve had a chance to briefly look at this ordinance, and we’ve been talking about it for years actually. Our organization stands in support of having the signs up as early as possible. The safety benefits aren’t enjoyed just by the residents in the new subdivision, they’re also there by the workers that work on the construction sites that may or may not need emergency response. We don’t have a problem with having the signs up at an earlier time. The question is about the expense. If the developers put up the signs, they’ll have an expense. The ones I talk to probably think it’s worth the expense to go ahead and have the signs there early. The rub is this, they don’t want to have to pay for the signs twice. That would be an unfair burden on the housing in that area. If we could hold the people responsible for any damages to the sign, if they were installed correctly, then that would be most appropriate. So, what I would suggest to this ordinance is maybe a brief, a modest modification, so that this would happen, if after the signs are installed to the specs that the county sets forth, still no problems, that the signs would be inspected for compliance, that they are installed correctly and adequately and to the county’s satisfaction, even with a one year warranty after that, just like the streets are done. But, if we could separate the sign installation from the street acceptance process, that would help us a lot. It would start the time, it would start the year time start faster, or sooner, I’m sorry. If we could hold, help hold the people who may do damages to the signs, either by truck with an accident or a car by accident, or by people maliciously hurting the sign, then we could hold them responsible. So, no problems with the developer installing it. Even willing to give on the cost of the signs up front, which the county now pays for. But, if we could just get the acceptance of the sign as early as possible, that would benefit us greatly, and all the home buyers in that subdivision.

President Nix: Okay, you and I had the conversation this morning on the phone. I guess, even from a legal standpoint could we actually go out and maintain these signs if they are, in fact, if the property hasn’t been accepted by the county, I guess, is one question I have.

Ted C. Ziemer, Jr.: No.

President Nix: So, we would have no legal recourse to even go out and do anything after these signs are installed by the homeowner, or by the home developers?

Ted C. Ziemer, Jr.: That’s correct, if we don’t have title to the property. If it hasn’t been accepted.

President Nix: That’s one concern that I have. I guess, the other concern is too, during the construction process there’s a lot of equipment, and there’s a lot of people moving back and forth, you know, dump trucks and concrete trucks, and boom trucks to put shingles up on the roofs, things like that. I just have a concern that the county is going to end up responsible for things that the developers are doing as these projects go forward. That’s a concern I have.

Bill Pedtke: Okay. If I could address number one. What recourse would the county use given this ordinance, after it’s time? I guess, I may have been mistaken, but I understood that the county would be accepting the street signs and the streets after a certain year.

President Nix: Well, after they’re called for to be inspected, and the County Engineer would go out and inspect them. Then, once that inspection takes place, and is satisfactory to the County Engineer, at that point there’s a one year warranty that the developer has to maintain. The inspection is done after one year.

Bill Pedtke: Right.

President Nix: It’s my understanding that the way this is written, the way I read it is that this all falls within the guidelines of inspection of streets and drainage issues. Mr. Oliver, I don’t know if you could maybe address that.

Blaine Oliver: That is correct, that it does fall within the inspection for the County Engineer of the streets. They would inspect the signs, once they’re all in. What this ordinance does is it provides a time frame, once a subdivision is recorded, and a developer comes to our office and the Building Commission to get permits to build the first home within that subdivision, there’s a 60 day clock that starts ticking, and those signs have to be in within the 60 day period. If they’re not, John Stoll notifies our office, the County Engineer notifies our office, and we will not issue any more permits until the signs are in. Then, once the signs are in, the developer would have the responsibility to contact the County Engineer, and the County Engineer would come out and inspect for the signs then.

Bill Pedtke: With all due respect to by good friend Blaine, we’re not talking about guys that aren’t playing by the rules, we’re talking about guys that want to play by the rules and get the time and the clock started ticking earlier, sooner. Not different, just sooner. If there’s any extra cost, maybe it could be made up by the signs that the county’s not going to buy at that point.

President Nix: Let me make sure I understand. You’re wanting everything to be accepted earlier than the normal process?

Bill Pedtke: No, not–

President Nix: I’m not for sure.

Bill Pedtke: –everything. Just the signs. Developers install the signs, come out and inspect them right away, start that one year sooner.

President Nix: Mr. Stoll’s got a comment.

John Stoll: If I understand it correctly, we would basically be sending out another inspector to take a look at it to make sure the signs were put in properly, is what you’re asking for. The only issue I would see there is if legally the county has no obligations because the streets haven’t been accepted, I don’t know how the county, if a sign was knocked down, damaged, taken by a vandal, or whatever the case may be, if the county has no legal authority to be doing anything on those streets. I guess, that’s one problem I would see is who would actually replace a sign if in what Bill Pedtke has talked about here? We would just have an inspection, and that’s easy enough to do. I could have somebody go take a look at that and say, yes, the signs were put in per plan, but, in that scenario we would end up with a situation where if the one year clock started ticking, if we’re legally not obligated to do any work on the streets, and the developer is not wanting to have any obligations, I guess, I don’t see who would be able to take care of it at that point. The extra inspection, we could make that work. It’s just, from a legal perspective, I guess, we would have to figure out who would repair or replace any damaged signs in that time frame.

Bill Pedtke: Well, if it happened in the first year after you guys did the inspection, it would be the developer. He has the warranty on it for a year. It’s not an extra inspection, it’s the same inspection earlier.

President Nix: Well, I guess, this goes along with what we’ve been talking about all along is some of these subdivisions they’re not one or two year projects, some of them are three or four or five year projects. I just can’t see until the county accepts the roads and the drains along the side of the roads that we could do anything any different. I mean, unless there’s some way, correct me if I’m wrong, I just don’t see it.

Commissioner Tornatta: My question is, if we’re addressing an ordinance on the signs, would we not be putting ourselves in some way, shape or form in the middle of this process, where we’re expecting them to take care of the signs at said point, but then we’re not coming through and doing anything on our side, like we would any other sign, if we expect them to do that? If we don’t expect them, then it’s outside the box, and we have nothing to replace.

President Nix: But, the bottom line, until the county accepts the road or the street, and goes through that one year warranty period, we have no jurisdiction out there. I mean, there’s nothing really we can do from a legal standpoint.

Ted C. Ziemer, Jr.: Correct.

President Nix: Basically, we would be making improvements on private property.

John Stoll: Like Mr. Pedtke said, there really wouldn’t be another inspection if the streets were accepted within that first year, then it’s no problem, the problem takes care of itself. But, like was said earlier, we’re dealing with the ones that end up being a problem where there are streets right now out in the county on subdivisions that letters of credit have been extended for up to ten years. So, that one year warranty period would have long since lapsed before the county accepted the road. So, in that time period between the end of the one year maintenance to the time the county accepted the road, I guess, that’s where I was trying to get at as far as what would, who would be responsible for the street signs?

Ted C. Ziemer, Jr.: I guess, it could be amended to say that if the road is not accepted or completed for acceptance during the one year period, then the obligation of the developer to maintain the sign is extended beyond the end of the one year warranty period until the road is accepted. But, maybe that’s doing the same thing that you’re objecting to. I’m not sure.

Bill Pedtke: I think that’s some middle ground.

Ted C. Ziemer, Jr.: Pardon?

Bill Pedtke: I’m sorry. I think that would be middle ground. I mean, it’s a step closer to where I’m coming from.

Ted C. Ziemer, Jr.: I wonder if it might be possible, unless this is deemed to be urgent, that we simply have first reading of this today, and then, as it is, and then perhaps have a meeting between John, and you, and me, and Blaine, and we look at this, with your comments in mind, and my knowledge of county liability in mind, and John’s knowledge of acceptance of streets in mind, and try to arrive at something that satisfies everybody, but meets the intent of this ordinance. Then we could amend it and then have it approved on second reading as amended.

Bill Pedtke: It could still happen at next week’s meeting?

Ted C. Ziemer, Jr.: Well, that depends on whether the group can get together between now and then.

Bill Pedtke: Yeah, but, I mean–

President Nix: We have a meeting next week, but we do not have one the following week.

Bill Pedtke: So, you could do first reading tonight and then final reading next week?

President Nix: Well, or if everyone can come to terms by this time next week, yes, but, otherwise it would be another three weeks from today–

Bill Pedtke: Okay.

President Nix: –or further out than that, depending on when everyone can get together.

Bill Pedtke: That would be greatly appreciated.

Commissioner Korb: Can I just ask for clarification? Let me see if I’ve got this time line correct. You start a subdivision, the developer puts the signs up within the first 60 days? They install the signage, right?

Blaine Oliver: Within 60 days of getting their first permit.

Commissioner Korb: Okay.

Blaine Oliver: They may not come in and ask for permit immediately after a plat is recorded.

Commissioner Korb: Right, but once they sell, they ask for their first permit, that’s when the signs are supposed to go up. Now, what Bill was talking about, let’s say the subdivision takes three or four years to sell out, the one year warranty, to me, doesn’t start until the developer turns over the property, or the streets, to the county. That’s when the one year warranty begins. Am I understanding that correctly or not?

Ted C. Ziemer, Jr.: Well, except for the sign, their suggesting that the warranty on the sign be one year from the time the sign is erected. Isn’t that what I heard you say, Bill?

Bill Pedtke: Inspected and approved.

Ted C. Ziemer, Jr.: Yes, right.

Commissioner Korb: So, what you’re wanting to have happen is, because if the subdivision doesn’t sell out, and you still have lots, and it hasn’t been turned over to the county yet, you’re saying, at least for the sign purposes, not the roads, for sign purposes, the county one year from acceptance by John’s crews, the signs then would become the property and management thereof and replacement of the county?

Bill Pedtke: I think that’s what I’m saying, yes.

Commissioner Korb: Okay. Because as I was seeing it was that the time line started, the one year warranty started when the entire subdivision was turned over and then we had responsibility for the streets and the signs.

President Nix: Or in phases. It could be done–

Commissioner Korb: Yeah.

President Nix: –that could be done in phases too.

Commissioner Korb: If you get like a phase here in this subdivision. Yeah, exactly. That’s, I’m fine with that.

Bill Pedtke: Right. That all is in agreement, I think.

Commissioner Korb: Well, that’s why I think it’s a great idea Ted’s got. Let’s go ahead and take it back and hammer it out so that way everyone is clear, and we understand what’s going on with it.

Ted C. Ziemer, Jr.: One other question though, Blaine, since this comes as a recommendation from the Area Plan Commission, will our revision have to first be approved by the Area Plan Commission?

Blaine Oliver: That’s correct.

Ted C. Ziemer, Jr.: Before it comes back for second reading?

Blaine Oliver: It would have to go back to Plan Commission. They would have to approve the amended version, and then it would come before this body for final approval.

Ted C. Ziemer, Jr.: That may extend the time a bit, but it would work.

President Nix: What I don’t want to see happen is what we’ve been seeing on some, and not a lot, but there are a few of them out there, that the letters of credit have run out six, eight, ten years, these things aren’t done, and the county’s not necessarily on the hook, but the jobs just aren’t getting completed. We need to make sure we’ve got teeth in this so that this thing gets, it’s taken care of in a timely manner.

Commissioner Tornatta: I would just like to say, I think I know what the intent is, obviously for public safety, and for finding addresses, and for finding streets when officials are coming out of there, or police officers, or Sheriffs, or ambulance, but I would also like to see that we respect that builder, that developer who goes out there, puts the sign in that the county asks for at a certain time, put a sign down, and there should be, you know, like we do the streets, accept it or whatever, once that sign’s accepted, then, yeah, there’s a year period and once that period is over, as long as they’re in compliance with all of the rest of the factors, I mean, I would see where the county would then pick up that sign, if the county’s asking for it. I think that’s what we’re seeing here, the county is asking for a developer to do something over and above what they’ve had to do in the past.

Ted C. Ziemer, Jr.: Except, Commissioner Tornatta, the sign, after the one year period, if the streets haven’t been approved, will be on private property. The county would have no right to go on to private property to do anything with the sign.

Commissioner Tornatta: But, we’re making them do something on private property that they would otherwise not do.

Ted C. Ziemer, Jr.: But, we’re having them do it on their private property, not the county doing it on their private property.

Commissioner Tornatta: Right.

Ted C. Ziemer, Jr.: I understand what you’re saying. Why don’t we have this meeting, and I think we can maybe resolve this.

Commissioner Tornatta: Okay, I make a motion to approve a first reading.

President Nix: A motion has been made.

Bill Pedtke: Yes, I’ll set it up.

Commissioner Korb: I’m waiting. We’re not tabling this until they have discussion?

Commissioner Tornatta: We have to go through a first reading.

Commissioner Korb: Great. Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: I guess, we need a roll call vote. Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Nix: Commissioner Korb?

Commissioner Korb: Yes.

President Nix: And I vote yes.

Bill Pedtke: Thank you.

President Nix: Thank you. Mr. Pedtke, thank you for coming tonight.

Bill Pedtke: Thank you for your time.

Commissioner Korb: Thank you for your time.

President Nix: Okay, the next action item is Mr. Steve Craig is here to give us an update on the Burdette Park/USI bike path. Good afternoon.

Steve Craig: Good afternoon.

Madelyn Grayson: The microphone is not on, Steve.

Steve Craig: Good afternoon. Thank you, Madelyn. I’m going to give you an update on the Burdette Park-University of Southern Indiana pedestrian bike and nature trail. This trail will provide 10,000 plus students and the community an environmentally friendly access between Vanderburgh County’s largest park and one of the state’s most rapidly expanding universities. The trail offers uses and users an opportunity to experience the rare, natural beauty of hidden lakes, an old stone quarry, native forest and wildlife, while providing a link between two of Vanderburgh County’s most unique treasures. The development of this trail will offer a wide variety of teaching and learning opportunities for thousands of students and promote healthy living for residents of southern Indiana of all ages. In May of 2005, Bernardin Lochmueller and Associates was awarded a location alignment study contract in the amount of $14,000, which would determine the route and the path between Burdette Park and USI. On February 21, 2006, the Vanderburgh County Commissioners signed a design contract with Bernardin Lochmueller and Associates in the amount of $150,600. This was for the design of a 2.5 mile long bicycle pedestrian nature trail between Burdette and the University of Southern Indiana. This contract also included the preparation of legal description for easements needed for the bike path construction. On August 3^rd of 2006, the Vanderburgh County Commissioners dedicated 32.5 miles of bike trails along the river bottoms. Four routes defined with signs and maps distinguished the difficulty and length of each different route, and were identified by the large trail head maps. These 32.5 miles will connect to the Burdette Park and USI pedestrian nature trail, and to the American Discovery Trail. When complete, this trail will be a unique treasure for the benefit of USI teachers and students, as well as fitness minded people of Vanderburgh County. With over 10,000 students and 150,000 visitors at USI and well over 200,000 patrons at Burdette Park a year, this very well could be one of the most utilized trails in the tri-state area. On December 9^th of 2006, the contract was awarded to Blankenberger Brothers in the amount of $416,392. Construction began in April of 2007 and is now near completion. The trail is approximately 95 percent complete, and with its natural beauty it well compliments both the University of Southern Indiana and Burdette Park. The remainder of the work to be done on this section of trail for completion includes fencing, gates and landscaping. On September 5^th of 2007, the State of Indiana trail representatives met officials from both Vanderburgh County and the City of Evansville, including; USI President, Dr. Ray Hoops; County Commissioner, Troy Tornatta; Mayor Jonathan Weinzapfel; Brad Mills of the Metropolitan Planning Organization; County Engineer, John Stoll; INDOT officials, John Meyers, Calvin Evans, and Engineer, Brian Malone. Also in attendance was grant writer Debbie Stearsman; City Park Planner, Glen Boberg; City Park Director, Gail Riecken; and myself. The purpose of this meeting was to discuss our grant request of a million dollars to begin the next phase of the three phase project of the trail from Burdette to the University of Southern Indiana. Both the city and county presented their projects to Burdette Park-University of Southern Indiana bicycle, pedestrian and nature trail and the Evansville Greenway. Members of INDOT were very impressed with both projects, and although we do not know if our grant will be approved, I feel very positive after this meeting. On September 13, 2007, I met with John Meyers, our local program director from INDOT, and Brian Malone, our local INDOT LPA Engineer, at the Burdette Park-USI trail and took them on a tour of the trail and discussed the history and the future of this trail. They were very pleased with the trail project and look forward to helping us with different ideas for future phases of our project. At this time I would like to thank Commissioner Troy Tornatta for arranging this organizational meeting, and at this time I would also like to thank all the Vanderburgh County Commissioners who have supported this incredibly unique trail from its inception. The ribbon cutting will be probably announced next week, I think we had talked about, and we’ll pick a date.

President Nix: Thank you, Mr. Craig.

Steve Craig: Anybody got any questions?

Commissioner Tornatta: Well, I would just like to say that, you know, you kind of spearheaded things, and took off with the meeting, and you were able to kind of follow up with John Meyers and Calvin Evans and Mr. Malone when they came down, and it really seems like they’re into the project. In fact, talking to you, they think that’s kind of what these monies are for. Then, looking back, I kind of see that’s how we would like to use those monies, on these projects, try and take as little amount of dollars out of our tight funds as we can, but, if we can get some grant monies like this, especially, you know, get upwards of a million dollars for this project, it’s really gonna bring us something beautiful, and also bring some money from outside the county.

President Nix: Commissioner Tornatta, I would like to thank you for working with that too. Okay, anything else?

Ted C. Ziemer, Jr.: Just a question, you mentioned a ground breaking, I mean, a ribbon cutting. I thought there already had been a ribbon cutting.

President Nix: We had a ground breaking for the first phase back late last year.

Ted C. Ziemer, Jr.: Oh, okay, that’s what.....okay, now this is the part that’s completed, there’s a ribbon cutting?

Steve Craig: Yes, we will have, the trail is actually completed, but we have some railings and that we have to put up for some of the parts for bicycles, but the ribbon cutting, and we will open it up to the public when all of these safety railings have been installed.

Commissioner Tornatta: But, you said that’s a phase. Just so we clarify to the public. That’s a phase.

Steve Craig: That’s phase one of the three phases.

Commissioner Tornatta: And, it’s about?

Steve Craig: It’s point six miles long.

Commissioner Tornatta: And that’s essentially encompassed on the Burdette Park grounds?

Steve Craig: Part of it’s on SIHE’s property. Actually, it starts out on Burdette Park, right behind the Discovery Lodge, and it runs down to Nurrenbern Road. Approximately, the last several hundred yards is SIHE property.

Commissioner Tornatta: Thank you.

Steve Craig: Thank you.

President Nix: Appreciate your time on this. Thank you.

President Nix: The next action item is contracts, agreements and leases. The first one, I guess, is an agreement with Apex Title bid. Mr. Ziemer?

Ted C. Ziemer, Jr.: Yes, thank you. This is in connection with the county acquiring title to properties that were not purchased at tax sale. As was the case last year, we need a title company to provide 20 year title searches. Earlier this year quotes for title search work were presented. The low quote was Apex Title. What you have before you today is the contract that will be entered into between the county and Apex Title, under which they would do 20 year title searches at a cost of $200 per search.

President Nix: Questions from the board?

Commissioner Tornatta: Motion to approve.

Commissioner Korb: Second. Can we work on this?

Commissioner Tornatta: No, it’s going to be that way.

President Nix: Okay, the motion has been made and seconded. All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Thank you. Mr. Ziemer, Midwest X-Ray agreement addendum?

Ted C. Ziemer, Jr.: Yes, this is an addendum to an agreement previously approved by the Commissioners between Midwest X-Ray and the Commissioners on behalf of the Health Department. Under this addendum, Midwest will also provide interpretation of x-rays at a charge of $20 per study. That’s the only change in the agreement. It is satisfactory for execution from a legal perspective.

President Nix: Questions from the board? If not–

Commissioner Tornatta: Oh, sorry. Motion to approve.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Thank you. Mr. Ziemer?

Ted C. Ziemer, Jr.: That’s all I have that’s on the agenda. I do have one more agreement under my report. Should I go ahead and do that?

President Nix: Go right ahead.

Ted C. Ziemer, Jr.: This is an agreement between the county on behalf of the Vanderburgh County Clerk, actually, and Pitney Bowes for the maintenance of certain hardware used by the County Clerk’s office. I originally had some questions about the agreement, but I’ve been able to satisfy myself through conversation with Tim VanCleave, who acts as computer liaison with the courts, that funds are in place for this agreement. Therefore, I’m waiving any concern I had about it not having a failure of appropriation clause. The agreement will cost $2,440 per year, and it is satisfactory for execution from a legal perspective.

Commissioner Tornatta: She’s not here, is she?

President Nix: Questions?

Commissioner Tornatta: Well, it was just, I think the original, there have been several people who have come in here, and it’s all about cost savings of actually sending out certified mail, is it not?

Ted C. Ziemer, Jr.: Yes.

Commissioner Tornatta: Potentially, this is something that can save the county $100,000. Or, a number I don’t know. That’s kind of why I wanted her here to see if she knew what number we would be looking at.

Ted C. Ziemer, Jr.: I don’t know what that number is. I also know this, that the state is considering taking over this particular function from the County Clerk’s office. Though that may not happen until sometime in 2009, if it happens at all. But, if it does, we would no longer need this service.

Commissioner Tornatta: Okay, then it’s a lease, a yearly lease?

Ted C. Ziemer, Jr.: It is a yearly lease, but it automatically renews unless we terminate on 60 days prior notice.

Commissioner Tornatta: Motion to approve.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Thank you. Anything else, Mr. Ziemer?

Ted C. Ziemer, Jr.: No, sir.

President Nix: Department head reports, Mr. Stoll?

John Stoll: First, I’ve got a pipe acceptance request for section 6B of Bridlewood Subdivision. This is for 130 feet of 12 inch pipe, 140 feet of 15 inch pipe, and three feet of 42 inch pipe. The developer has paid the two dollar fee. So, it’s requested that these pipes be accepted by the Commissioners.

President Nix: Just for the record, was that 40 feet or 140 feet?

John Stoll: 140 feet.

President Nix: Okay, thank you. I’ll entertain a motion.

Commissioner Tornatta: So moved.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Thank you.

John Stoll: Next, I have a street acceptance request for section seven of Stonecreek Subdivision. The street is 291 linear feet of Anchor Way. It’s requested that that be accepted for maintenance.

Commissioner Korb: So moved.

Commissioner Tornatta: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Thank you.

John Stoll: The next acceptance request is for section three of Carrington Meadows Subdivision. This is for 132 feet of Stapleton Drive, 124 feet of Pondella Drive, and 744 linear feet of Sylvan Court.

Commissioner Tornatta: Motion to approve.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Thank you.

John Stoll: Then, next, you might recall a few weeks ago Mr. Jim Bush was here to request your approval to put “Share the Road” bicycle signs on a number of streets throughout the county. In working with him, and he’s got his first sign order placed, I would like to request your authorization to put in work orders for the signs that will be provided by Mr. Bush on the following streets. On Oak Hill Road we would put signs, one northbound and one southbound, between Lynch and St. George, between St. George and Heckel, and between Heckel and Millersburg, for a total of six on Oak Hill Road. Then, on Browning Road there would be one in each direction between Old State and Schlensker, Schlensker and Boonville-New Harmony, between Boonville-New Harmony and Hillsdale, and Hillsdale and Old Petersburg, for a total of eight on Browning Road. Then, on Boonville-New Harmony Road we would put two between County Line and Big Cynthiana Road, two between Big Cynthiana and Bender, two between Old State and Browning, two between Browning and Old Petersburg, two between Old Petersburg and 57, and then two between Green River and 164, for a total of 12 signs on Boonville-New Harmony. Talking to Mr. Bush, he has his sign order in, basically, we would get those signs over to the Traffic Department, and put in the work orders to put the signs in these locations, and then have the Traffic Department proceed with getting everything installed.

Commissioner Tornatta: Mr. Bush is here. I would just like to thank you for what you’ve done. Any updates or anything you want to say?

Jim Bush: The good news is, with the signs going up the media has offered to run Public Service Announcements. These announcements are to educate the public of the importance of the sign for cyclists and for motorists. They are going to air these public service announcements starting the first week of October, which is really a high bicycle traffic area, or time of the year for this part of the country. So, thank you for your support on this.

President Nix: Thank you.

Commissioner Tornatta: Motion to approve.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Thank you.

John Stoll: The next item that I have is I would like to request approval to go to County Council to transfer $5,000 from the Mt. Pleasant Road and Street Account to our Legal Services Account in the Road and Street Fund. We’re about to run out of money on that account again, so, we need to get a transfer to take care of it.

Commissioner Tornatta: So moved.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Thank you.

John Stoll: Then, the last item I have is to request your approval on some right-of-way offers for the Green River Road-Millersburg Road intersection project. The owners and the offer amounts are the following; Arnold Heilman, and that offer amount is $53,450, and William Heilman, the offer amount is $500.

President Nix: Questions?

Commissioner Tornatta: Motion to approve.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

Commissioner Korb: We probably should have gotten the Heilman brothers together, so they could have kind of come a little closer together on their prices for us.

John Stoll: That’s all I have, unless you have any questions on anything.

Commissioner Korb: No.

President Nix: Fine, thank you.

Commissioner Korb: Thanks, John.

President Nix: Are there any other department heads to report? Seeing none.

President Nix: We’ll go to the next action item, which is board appointments. The first board to be, for an appointment is GAGE. I would like to make a motion we appoint Commissioner Tornatta to GAGE.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Thank you. The next appointment is Area Plan. I will entertain a motion.

Commissioner Tornatta: Do you want to take the next–

Commissioner Korb: Should we do them all?

President Nix: That would be fine. I guess, he’s on all of them.

Commissioner Tornatta: Alright, I’ll make a motion–

President Nix: Let me read them into the record here, for Area Plan, MPO, Community Corrections, the Mayor’s Education Roundtable, and DRCC, and that would be for Commissioner Korb.

Commissioner Tornatta: So moved.

President Nix: Second. All in favor? Aye.

Commissioner Tornatta: Aye.

Commissioner Korb: Thanks.

(Tape change)

President Nix: They’re all early evening meetings.

Commissioner Korb: There you go. Atta boy. I love you.

President Nix: I’ve got the next few months off.

Commissioner Tornatta: New business.

President Nix: Okay, moving forward here.

President Nix: Is there any new business?

Commissioner Tornatta: I think Dave Rector.

President Nix: Oh, excuse me. I’m sorry. Mr. Rector?

Dave Rector: Thank you.

President Nix: Mr. Rector, go ahead.

Dave Rector: Dave Rector, Building Authority. We’ll give lessons on the mics. later on. You can only have four–

Commissioner Korb: Just call them Dork One, Dork Two, Dork Three, and you’re good to go.

Dave Rector: The problem is so everybody doesn’t talk at once. That was the idea.

Madelyn Grayson: I told you that wouldn’t work.

Dave Rector: Two items to address with you. If you recall, on the Centre CIP program we had approved $10,000 for an upgrade to the grease trap, at the request of the Centre. After we got in over there, and I took a look at it, it was woefully inadequate, and, in fact, it was an interior grease trap, instead of exterior. So, we redesigned it to install a 2,000 gallon grease trap on the exterior of the building. We moved the one on the inside, $10,000 will not do that project, but $30,000 would, and I would like to request that we up that line item from the Food and Beverage, from the $10,000 to the $30,000.

Commissioner Korb: Do we have the power to grant that? Or is that a County Council thing?

Dave Rector: Yes, it’s Food and Beverages of the Commissioners, and the Food and Beverage Account is just for the Centre projects.

Commissioner Korb: Alright, so moved.

Commissioner Tornatta: Second.

President Nix: Good question though. All in favor?

All Commissioners: Aye.

President Nix: Thank you.

Dave Rector: The other item I have is a safety issue on some lighting over there that we need to rewatt some of the lamps and put some shields on some of the high bays. That would be approximately $5,000.

Commissioner Korb: So moved.

Commissioner Tornatta: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Okay, thank you. Anything else, Mr. Rector?

Dave Rector: Not today, thank you.

President Nix: Thank you.

Commissioner Tornatta: It’s a good thing.

President Nix: Is there any other new business?

Commissioner Tornatta: Yeah, I would just like to bring up potentially moving the Commissioner meetings, and just maybe taking a week or two to come up with some times, e-mail back to the office some times that would work for you, and see if we can find a time. Keeping it on a Tuesday, I believe, is what we need to do, but I would like to see maybe a later time.

President Nix: And, Mr. Ziemer, I guess, excuse me, a question, the meetings are set in place at the first meeting of the year.

Ted C. Ziemer, Jr.: Yeah, there’s an ordinance we adopt at the beginning of the year, which sets the meetings. So, we would have to amend that ordinance.

President Nix: And, that could be done if it’s agreeable that the Commissioners would rather meet a little later in the afternoon on certain days?

Ted C. Ziemer, Jr.: It could.

President Nix: Okay, thank you.

Commissioner Tornatta: And, just, I think I’ve looked at scheduling of the Commissioners as one, and two, the public sometimes has times, has a hard time getting here at a certain time. If we can schedule that, and try to get as close to the public, the County Council when we were in that seems to deal with office holders and with people inside county government, but the Commissioners definitely do deal with people, outside citizens, that want to have their say. So, kind of another reason why I’m looking that direction.

President Nix: I guess, along with that, the fact that we’ve added live video streaming, and we’re live on t.v. and that we’ve addressed those issues, so, I think this is really more something that we just need to work out amongst ourselves. We can discuss this in a meeting in a couple of weeks then, so.

Commissioner Tornatta: Okay.

President Nix: Is there any other new business?

President Nix: Is there any old business? I guess, we do have one item here. We would like to set some dates for a public hearing on the Hamilton Golf Course. I’ve got some dates here for the Centre Locust Room. It’s available the 3^rd of October, the 4^th of October, October the 11^th, October the 24^th and the 25^th. That would be, those are, I guess, weekdays. Let me look at my calendar here.

Commissioner Tornatta: Yeah, the 3^rd and the 4^th is during the Fall Festival, so, that would be tough.

President Nix: Yeah, we wouldn’t have many west siders there anyway.

Commissioner Tornatta: The 11^th is during cities and towns–

President Nix: Okay.

Commissioner Tornatta: –so, I don’t know if that’s an issue. So, I think you’re maybe pushing it to the 24^th or 25^th.

President Nix: The 24^th is a Wednesday. We talked about maybe having it in the evening around 6:00 or so. Is that agreeable to the Commissioners? To the other two Commissioners?

Commissioner Korb: It is to me.

Commissioner Tornatta: That’s fine.

President Nix: Okay, so we’ll set the first meeting for the Hamilton Golf Course public hearing on Wednesday, October the 24^th at the Centre Locust Room at 6:00 p.m. I guess, the other one is the, we had talked about trying to have one on a Saturday so that the people who couldn’t make it during the week could possibly make it on a weekend, a Saturday morning. The 6^th is the Fall Festival, that is correct? I believe that’s correct, isn’t it?

Commissioner Tornatta: Yes. Yes. Yes.

President Nix: Okay. The 13^th is Oaklyn Branch Library is available on the 13^th between 10:00 and 1:00. On October the 20^th and 27^th North Park Branch Library is available. Wait, North Park Branch Library is available on the 6^th the 13^th or the 20^th. Do you all have a preference at all?

Commissioner Korb: You just need one of us to be there, is that where we are with this?

Commissioner Tornatta: The 13^th is our secretary’s wedding. Oh, in the morning, we could do it in the morning.

President Nix: Well, it’s either that, or we could actually do it the same week, on the 27^th of October.

Commissioner Korb: At North Park?

President Nix: No, this would be at the Oaklyn Branch.

Commissioner Korb: Okay.

President Nix: And, that’s out there on–

Commissioner Tornatta: Oak Hill Road.

President Nix: Oak Hill Road, okay. Just right before Lynch Road.

Commissioner Tornatta: So, you’re saying the 27^th?

President Nix: Is that agreeable with–

Commissioner Tornatta: At what time?

President Nix: We would make it 10:00 in the morning.

Commissioner Tornatta: Okay, you’re going to get me out of work.

Commissioner Korb: What time do you close, Troy, on Saturday?

Commissioner Tornatta: 1:00.

Commissioner Korb: I don’t care.

President Nix: Right now it says it’s available between 10:00 and 1:00.

Commissioner Tornatta: We can go with 10:00.

President Nix: Is that a problem? Okay, on the 27^th?

Commissioner Tornatta: Uh-huh.

President Nix: Okay, that would be the 27^th at 10:00 at Oaklyn Branch.

Ted C. Ziemer, Jr.: As to that, we will need to sign an agreement with the Public Library for the use of that space. The current form of that agreement has the county indemnifying the library without any limitation on our liability, which we have as a political subdivision in the State of Indiana. So, I have talked to the attorney for the library, and he agrees that he will allow an amendment of that agreement to that effect. So, you can go ahead and set your hearing to date, but by next week I will have a revised form of that agreement with the Public Library for the use of that space.

President Nix: Okay, great. Thank you.

President Nix: The next action item is public comment. Is there anyone here from the audience that would like to speak to the Commission on Commission business? Seeing none.

President Nix: There’s a number of consent items. I will entertain a motion to approve consent items.

Commissioner Tornatta: So moved.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: I guess, we’ll go right into zonings. I think we have one zoning today.

(The Commission portion of this meeting was completed at 4:20 p.m.)

CONSENT ITEMS:

Employment Changes:

Voter Registration (1)               County Highway (3)                  Commissioners (1)

Travel Requests:

County Clerk (2)                       Voter Registration (1)               Health Dept. (3)

Commissioners (1)

County Engineer: Pay Request No. 35: Green River-Burkhardt TIF Projects.

Commissioners:

Key Government Finance Disbursement No. 6.

IBAP Gatekeeper Monthly Report: July 2007 & Client Letter.

Area Plan Commission: Annual Multi-Hazard Mitigation Plan Progress Report.

Letter of Intent to Apply for I-69 Grant Funds.

Workers Compensation Judgement: Pamela Ward.

Department Head Meeting Notes: September 11, 2007.

Weights & Measures: Monthly Report: 8/15-9/14/2007

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer                           Veterans Services

Those in Attendance:

Bill Nix                                      Jeff Korb                                   Troy Tornatta

Bill Fluty                                    Ted C. Ziemer, Jr.          Madelyn Grayson

Roger Lehman                          Blaine Oliver                             Bill Pedtke

John Stoll                                  Steve Craig                               Dave Rector

Jim Bush                                   Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Bill Nix, President

Jeff Korb, Vice President

Troy Tornatta, Member

(Recorded and transcribed by Madelyn Grayson.)