VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

SEPTEMBER 22, 2003

The Vanderburgh County Board of Commissioners met in session this 22^nd day of September, 2003 at 5:43 p.m. in Room 307 of the Civic Center Complex with President David Mosby presiding.

President Mosby: Call to order Board of Commissioners meeting for September 22^nd. Introductions are as follows, Tammy McKinney, Superintendent of Buildings; Counselor, Kevin Winternheimer; Commissioner Fanello; myself; Commissioner Crouch; Auditor, Bill Fluty; and Recording Secretary, Madelyn Grayson. If everybody would, please stand and say the Pledge.

(The Pledge of Allegiance was given.)

President Mosby: Thank you very much. Do I have a motion to approve the September 15^th Commission meetings?

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

President Mosby: Do I have a motion to approve September 22, 2003 Executive Session minutes?

Commissioner Fanello: I’ll move approval of the Executive Session which began at 5:25 and ended at 5:35 and discussed pending litigation.

Commissioner Crouch: Second.

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

President Mosby: First up on the action items, County Assessor, permission to place PTABOA advertisement. Is there any questions on that?

Commissioner Fanello: I guess she’s not wanting to speak, so I’ll move approval.

Commissioner Crouch: Second.

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

President Mosby: County Engineer, open quotes for Stringtown Bridge debris removal.

Kevin Winternheimer: I guess I have those. Any bids from the audience? I have two bids. Seeing no others.

The first bid is from Koberstein Trucking, Inc. of Princeton, Indiana. Their total quote is $21,500. The next quote is from CCC of Evansville, Inc., and their total is $8,535.21. Those are the only two bids I have.

Commissioner Fanello: Motion to take under advisement.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second. So ordered, to take bids under advisement.

President Mosby: Next, under discussion items, we have Dennis Woehler, health insurance renewals.

Dennis Woehler: Dennis Woehler, ONB Insurance.

Madelyn Grayson: Dennis, do you have one for the record also?

Dennis Woehler: Excuse me?

Madelyn Grayson: Do you one that I can have for the permanent record?

Dennis Woehler: Yes. I have copies of the actual renewal stuff for the record here. These are summaries that I gave them, and I’ll leave a copy with you as well, after I find out if there are any questions on it. Currently, the renewal is an average of 19.6% for the Vanderburgh County health plans for next year. In light of the claims that we had for 2002, and, of course, we are what they call an “experience rated group”. Our renewals are based on our past performance. I think that it was probably a very fair renewal. We had a 105% loss ratio with Anthem, and 111% with Welborn. Without the plan changes that we made last year, we would probably have been looking at a 30% increase this year. So, we put it out to market, and the information is in there. With those kind of loss ratios, it’s very difficult to get anyone to entertain a bid. Now, the good news on this is that our claims have been running better this year. So, we should be able to attract more competitive bidders next year, and perhaps pull in the reins on the increases, somewhat, without having to sacrifice benefits. That always goes...and I have to, I would like to make it a point here that I can’t help but feel that some of the stuff that Vanderburgh County employees have done, have aided this situation. The fact that people are coupling with, partnering with the Health Department, and Mr. Fluty’s walking program, and the wellness committee, these types of things, making people aware is probably going to do more for our rates than just about anything else that can happen. People are going to get sick, the population of Vanderburgh County employees is getting older, the natural trend is to have more claims. So, the next best thing we can do is make people aware, and, hopefully, take stock in their own health. So, I congratulate them for doing that. I think that it will reflect in the numbers as time goes by. So, at this point, considering the alternatives, I think that the renewal is as fair a deal as we’re going to get for right now, and I would ask for a motion that it be accepted.

President Mosby: Are there any questions of Mr. Woehler?

Commissioner Crouch: Dennis, just to refresh my memory, what is, what was last year’s percentage increase? I mean, for 2003, what was that over 2002? Do you remember?

Dennis Woehler: What last year’s increase was? We averaged about 17%, it was almost 18% last year.

Commissioner Crouch: Okay. So, not too far.

Dennis Woehler: No. Last year we had just the opposite scenario. Anthem was at 26%, and Welborn was about 14.8%. This year, Welborn was about 22.7%, and Anthem was at 16.84%. So, the, when I give the 19.6%, that’s an average of the total plans.

Commissioner Crouch: So, Welborn’s cost to the employee/employer are higher percentage wise than Anthem’s for this coming year?

Dennis Woehler: Yes, and when you look at the rates, and you do the math on them, they don’t all equal out to an even average, because some classes were increased more than others. For example, an employee/spouse rate may have gone up more than, say, the single employee rate. So, the overall averages though were 16.84% and 22.7%.

President Mosby: Commissioner?

Commissioner Fanello: I would just say, I know we’ve had to make some tough decisions about plan changes. I think we made those either before the end of the year, or the beginning of this year, but I’m glad to see that our savings are looking at $750,000 for making those plan changes. Because I still think we have some very good health insurance plans. After reading a couple of articles today, and, you know, looking at comparisons, I think we’re right in line with national trends, so.

Dennis Woehler: In the back of your summary there are some articles on that very topic. Yes, we’re not far out of line with national trends. The national trend for HMO’s is 17% this year, is what they’re expecting for 2004.

Commissioner Fanello: Well, I would make a motion that we accept the recommendations of Mr. Woehler, and accept the plans as is.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second to accept the plans as is, and the renewals. So ordered. Is there any other questions? Dennis, thank you very much. I appreciate all the work you did.

Dennis Woehler: Thank you.

President Mosby: I know it’s been long and hard.

President Mosby: Next, we have discussion items, the personnel policy. Everybody should have, I think, a clean copy that was on your desk tonight. If there’s any questions, we can address them questions to the counselor. Or did you have some statements that you wanted to make?

Kevin Winternheimer: A statement, we, I think you received some information on what drug tests cost, and how many people have taken those. I guess, those were handed out?

Commissioner Fanello: Madelyn was good enough to e-mail us all that information. In 2002 we had 66 full time employees, 19 of those were Sheriff Department employees. So, they are already drug tested when they come in. Then part time employees hired were 207. Then in 2003, so far we’ve had 31 full time, of which nine are Sheriff, and part time, 301. So, I mean, you’re looking at, if we’re going to drug test everyone, you’re looking at anywhere from $12,000 to $13,000, $14,000 a year for drug testing.

Commissioner Crouch: Would it be an alternative to drug test new employees, which would be about $2,000, a little over $2,000, and then random test part time employees and current employees?

Commissioner Fanello: Is that...can we do that?

Kevin Winternheimer: Random test the part time employees, is that what you said? Yeah, I don’t know how many part time employees you have.

President Mosby: Well, I think the big bulk of part time employees come from Burdette Park. I mean, where we see a turnover too during the summer, so. Do we have to drug test part time?

Kevin Winternheimer: No, you would not. That, I’m sure you would not have to. We have, in the policy, a “for cause” type situation. If there is reason to believe they are under the influence and so forth, that’s already there.

Commissioner Fanello: The only reason that I would want to test part time, I mean, like you said we do have a lot of part time employees working at the park, and it seems to me like that would be an important place to...not that there’s drug use at the park, but you have a lot of people working at the park, and you need to know that you’ve got good people working around children. That’s my thought.

Commissioner Crouch: To do mandatory, or to do drug testing for part time employees, that would really drive the cost up.

Commissioner Fanello: I know it’s going to drive the cost up, but if you think about it, you’re part time employees are out there working at the pool. They are working around children.

Commissioner Crouch: That’s, you know, I don’t object to that. That’s why I’d suggested the random testing as an alternative. For cost purposes.

Commissioner Fanello: Why don’t we do this, I mean, why don’t we see if the Council would be willing to fund it for full time and part time.

Commissioner Crouch: Well, I think, that would certainly be an option. I believe if we do pass that, I think that they would fund it. I would think that they would want to fund that, but if you want to ask them first, I don’t object to that.

President Mosby: Put in there upon funding. I mean, if funding is available, we will drug test part time and full time. I mean–

Kevin Winternheimer: As far as your book goes, I can come up with some statement that you will decide annually whether or not, based on budgetary concerns, whether or not you’ll drug test part time. Just a generalized statement, so that if funding is too tight, and you decide not to do it, or it’s not necessary, you drop it. It wouldn’t be mandatory, if that’s what you’re looking at.

Commissioner Crouch: I think that would be good. Can you include language that if we don’t do mandatory drug testing on part time employees, that we do random drug testing?

President Mosby: Or just cause of some type.

Kevin Winternheimer: Yeah, okay.

President Mosby: If we find a reason or cause to drug test them, I mean, I would go with that too.

Kevin Winternheimer: Okay, I can come up with the language for that. Then, on an annual basis.

President Mosby: Is there any other questions?

Commissioner Crouch: The only other, excuse me, issue was, that we discussed last week...actually, a lot of them had been changed, but the only other one is just on the smoking, which is page 15. The language, as I understand it, would prohibit smoking in county owned or leased buildings, except those locations that have been specifically designated as smoking areas. I like that language, but that, the designation would require a vote by this board, correct? So, as far as of right now, there should be no smoking in any of those buildings, unless we vote to designate a specific space. Then the only other concern that I had was the Building Authority. I don’t believe that they should be able to designate common space within a county leased or owned building without coming to this board for a vote. I would presume they would want to go to City Council also. Because we are their major tenants. I think we may be their only tenants. I would think that they would want to come to us if that is a policy that we feel strongly enough about, for a vote, before they just designate an area in their common space. So, if we can, you know, if the other two Commissioners are agreeable, if we could at least include that. Or is that understood with this statement?

Kevin Winternheimer: To the first one, if that’s what you want to do, I can put “except upon approval of the Commissioners”, or something to that effect, to make sure everyone understands it, if that’s what you want. As for the second, I don’t think, you wouldn’t put that in the handbook. That would be something to discuss with Mr. Rector. He generally has been very cooperative, but if you want, if it’s your desire that the Building Authority not designate smoking areas, except after they come to you, that wouldn’t be appropriate in the handbook, but you could discuss that with him.

President Mosby: I was going to say, that’s more of a tenant, you know, or landowner, or landlord agreement.

Commissioner Crouch: Okay.

President Mosby: So, it wouldn’t be in our handbook.

Commissioner Crouch: Could we then do a letter, perhaps, this body?

President Mosby: We can do a letter to Mr. Rector asking–

Commissioner Crouch: That prior to his designating any specific space within the common areas, that he would come to this board for approval.

Commissioner Fanello: As long as, isn’t there an agreement between the city and the county and the Building Authority as to how this building is...I mean, is there some type of lease agreement?

Kevin Winternheimer: Yes.

Commissioner Fanello: Would that not, is that not stated in the lease agreement?

Kevin Winternheimer: I would have to go back and look at the lease.

Commissioner Fanello: I think we would have to look at that.

Commissioner Crouch: Look at that first.

Commissioner Fanello: If it’s not in there, we would have to look at amending the lease agreement.

Commissioner Crouch: Okay.

President Mosby: Yeah, when our agreement comes due, we could always amend it, if that’s what we want.

Commissioner Crouch: Okay.

President Mosby: Is there any other questions on that? The handbook? Seeing none, if the counselor would make them two corrections, I would put this on for action next week.

Kevin Winternheimer: Okay, that’s fine.

President Mosby: Next, County Attorney, resolution reducing the Cum Bridge Fund.

Kevin Winternheimer: Yes, before you is a resolution that reduces the Cum Bridge Fund, to be lowered from five....let’s see, for 2004, lowered to three cents per $100 of assessed valuation, for 2004. You already lowered it, I believe, this year from five to four, is that correct?

President Mosby: Yes, we earlier, we put a penny in the Old Courthouse Fund to take it down to four cents, and then we gave the Council a penny to balance the budget, which took it to three cents. My one question, will we have to come back? Because, I think, it was made clear at the Council’s budget hearings, and when we had discussion that this would be a one year deal. Do we have to come back then next year and put this penny back on?

Bill Fluty: Yes, you do.

President Mosby: We do have to come back? Okay. Because that would be one statement that I would want to make clear that when we did this in budget hearings this year, that the Commissioners in trying to work bi-partisanly with the Council, had said we would lower the Bridge Fund by one penny to help them balance their budget. So, this is probably something that we can see coming back next year, if not the year after. Are there any questions? Chair would entertain a motion.

Commissioner Fanello: Motion to approve resolution reducing the Cumulative Bridge Fund Tax Levy.

Commissioner Crouch: Second.

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

President Mosby: Next, we have County Attorney, settlement agreement for Mt. Pleasant road widening project.

Kevin Winternheimer: Yes, this is the matters that John Stoll came before you, I believe it was last week. This is the written agreement, nothing has changed. This is just the formal written document authorizing the motion that you approved last week, settling these two property purchases.

President Mosby: Okay. Is there any questions by any member of the Commission? If not, the chair would entertain a motion.

Commissioner Fanello: Motion to approve settlement agreements for Mt. Pleasant.

Commissioner Crouch: Second.

President Mosby: I have a motion and a second. So ordered. Do we have any contracts to come before the Commission?

President Mosby: Public comment. Is there anybody in the public...Chief Deputy Williams.

Eric Williams: I don’t know if public is the right point for this, but–

President Mosby: Old business, or new business?

Eric Williams: It’s kind of both.

President Mosby: Okay.

Eric Williams: Eric Williams, Chief Deputy Sheriff. I have a couple of items. This is the bid tabulation from the wireless project. It came before you last week. Purchasing, the Evansville Police Department, and the Sheriff’s office all concur and recommend it be awarded to Matrix, but you can take action on that whenever.

Commissioner Fanello: You have that in your budget, right?

Eric Williams: Yes. Well, in several budgets.

President Mosby: Okay. What is the Commission’s pleasure? Do you want to take action tonight? Or do you want to put it on the agenda for next week?

Commissioner Crouch: I don’t have a problem taking action if it’s agreed upon by all the parties involved. It’s obviously the lowest bidder, and if you’ve reviewed it and it’s the most responsive, I don’t have a problem approving it tonight.

Eric Williams: It met all the specifications that were required, and, obviously, by the price, it was substantially cheaper than the other two vendors.

Commissioner Crouch: I’ll make a motion that we do accept Matrix Integration for the wireless bridge implementation.

Commissioner Fanello: Second.

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

Eric Williams: Thank you. The other item, in weeks past, Sheriff Ellsworth was before you to talk about the Safe House, and the things that have occurred there, and I thought that if you would like an update, I would tell you where we stand and as for permission to take the next step. Three I Engineering was retained, and they spent a considerable amount of time in the building reviewing it, taking a look at the damage, trying to determine what was new damage, and what was just an extenuation of old damage. What we found is that basically the incident that occurred just strained what was already a problematic structural in areas throughout the building, and it caused some things to settle. I’ve got a lot of pictures, and some diagrams, if anybody cares to see them, to show you some of the damage that’s in there. But, basically, the position we’re at now is we know where the damage is, we have a good idea of what it’s going to take to shore it up, but we can’t really get any costs until we draw, get some project or some shop drawings of what needs to be done. In talking with Three I, they’ve estimated between $3,000 and $5,000 to do the shop drawings, to then be able to take those to local contractors to get cost estimates to actually do the repairs. So, with that, I guess I’m asking for permission to go on and ask Three I to continue with the next phase and do the shop drawings, so we can put it out and find out what it’s really going to cost to fix the building. I do have an appointment tomorrow with an adjuster out of Indianapolis that Tom Rose has sent down. They’ve had one adjuster, and now they’ve got another one coming. We’ve met with them a few times. We’ve dug through the building with the guys from Three I, and we all concur that that is probably what’s occurred. It’s pretty obvious when you get under there, you can see where the damage is. But, in doing so, we’ve also uncovered some other damage that is in that same central area that we hope to address, at least in the shop drawings that they are going to include in there as a phase of the project, so we know what it’s truly going to cost to get the building back in operation. Fixing the structure is only going to be one part of it.

President Mosby: I think in meeting with you and meeting with the insurance adjuster, they pretty well told us that’s what was going to have to happen. I mean, the adjuster came down, it’s like he said, I’m not an expert, and I can’t tell you exactly what needs to be done, and you’re going to have to get a contractor, or get drawings and a contractor. I don’t see where we have a choice.

Commissioner Crouch: I know it came up at the community corrections meeting, the advisory board meeting, regarding the deductible for the insurance. Do we have that information? Someone was going to check on that.

Eric Williams: Yes, I did get it, and it was $25,000.

President Mosby: $25,000 is our deductible.

Eric Williams: We, you know, and this is just basic numbers, but, we may be under that deductible for the structural part of this, but the rest of it may go well over. So, but, there again, we won’t know anything until somebody actually comes out and bids on the project.

Kevin Winternheimer: You’re contemplating quotes that we would open up here?

Eric Williams: Basically, what we would do is that we would ask Three I to do the shop drawings–

Kevin Winternheimer: Right.

Eric Williams: Bring those to you, let you take a look at the different phases and what they all entail, and then it would be up to you to release those in quotes, proposals, bids, however you wanted to address it, work that out with the insurance company, but we really can’t answer anybody’s questions or do anything until we have an idea of what really has to be done to get it back in order.

Commissioner Crouch: So, you’re just needing authority to continue to move forward? Then I’ll make a motion to that effect.

Commissioner Fanello: Second.

President Mosby: I have a motion and a second to move forward with drawings and try to get some quotes on community corrections. So ordered.

Eric Williams: Thank you. Three I did indicate that they would have the formal, written report to this stage ready tomorrow. As soon as I get it, I’ll deliver it to you, but they sat down with me Friday afternoon and kind of gave it to me verbally. Thanks.

President Mosby: Thank you very much, Chief Deputy. Any other public comment?

President Mosby: Any old business?

Commissioner Crouch: I don’t know if this is old business, I presume it is. At the Community Correction Advisory Board meeting last Thursday, and attorney Winternheimer was there, the placement criteria sub-committee was initially formed, and I can have Major Woodall e-mail those names to you, but it included representatives of the court system, the prosecutor, the public defenders, the Sheriff, and it was suggested that all three Commissioners be involved in that so that they could get the public’s perspective from us. Attorney Winternheimer suggested, and I passed this along to Major Woodall that if they want to have all three Commissioners involved, that perhaps they need to look at scheduling that on a Monday, perhaps before a Commission meeting. So, that’s where it was left. I don’t know if, Kevin, you have anything to add to that.

Kevin Winternheimer: No. It was just an idea that you’re all here at this time of the day. It’s tough to get all three of you together, that perhaps this might be easier for you, if it’s not, you’ve done earlier meetings that are pre-meetings, so that was just an idea.

Commissioner Fanello: In reference to that, I’m assuming everybody got the e-mail from Kevin regarding the advisory board’s duties versus the Commissioners duties. How does, what was your conclusion on that regarding the placement criteria? Or do you have one?

Kevin Winternheimer: No, yeah, the way the system is set up, I think that they are an advisory board, and they, due to the particular expertise of many of the members on there they are to make recommendations of policy, because they deal with this everyday. But, I think, the final decision, I think, is yours on that. Some of them disagree with that, but be that as it may. One of the judges, I can’t remember which one, I think it was Judge Heldt, suggested that it is a good idea to periodically review these criteria, and this is perhaps that time. Had no qualms at all about taking a second look at those to make sure we’re doing what needs to be done. So, I think the idea was, let’s look at it from that point of view, we’ll all try to work together and proceed in reviewing these.

Commissioner Fanello: How soon were they wanting to do that?

Commissioner Crouch: It was my intention it was going to be within the next couple of weeks.

Commissioner Fanello: Okay.

President Mosby: That would be fine. Is there any other old business?

President Mosby: Any new business? Okay, department head reports.

President Mosby: John Stoll, County Engineer.

John Stoll: The first item I’ve got is a request for storm sewer acceptance off the public rights-of-way in Bridlewood Subdivision. This is for Bridlewood sections one through five. The grand total of the two dollar a foot acceptance fee, as paid by the developer, is $7,204. It’s requested that all these pipes be accepted for maintenance.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

John Stoll: Next I also have a pipe acceptance request for Broadlawn Subdivision. This is for sections one and two of Broadlawn. In section one, the total fee paid was $774, and in section two, the total fee paid was $614. It’s requested that these also be accepted for maintenance.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

John Stoll: Next I would like to request approval to, for the county to purchase the Melick property on the Marx Road culvert project for $1,000. The property is overseen by a trustee at the bank, but they have agreed to a $1,000 payment. They did provide us a copy of an appraisal sheet that showed that the amount that they are asking is backed up by the appraisal. So, on that basis, I would request approval to proceed with making that purchase for $1,000.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

John Stoll: Next I would like to request approval to award contract number VC03-09-01, the Marx Road culvert replacement to Accurate Underground Utilities for the amount of $42,552.50. They were the low bidder on the project.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

John Stoll: Next I have a change order on the Harlan Avenue project. This is for an increase of $7,680. The reason for the increase is that two area drains and one other inlet were added, and some 12" pipe was added to pick up some drainage areas on the north side of the jail site that weren’t originally anticipated back when the Harlan Avenue project was under design. Basically, these extra areas came into play whenever the jail site itself was designed. Let me get the right sheet here and I’ll show you (Inaudible). Back when Harlan Avenue extension was originally designed they picked up the storm water and they were going to run it to the basin through this pipe right here. At that time this site plan had not been developed. When Bernardin Lochmueller developed the site plan, they realized they needed two area drains here on the north side of the north perimeter road. So, those two area drains were added, and this extra pipe was added as well as this extra inlet at this location. So, it’s requested this be, the change order be approved. Basically, we got some decent prices on the pipe, and the inlets, and it makes more sense to go ahead and put them in with this project, because since we already have this excavation going on, it’s just more efficient for them to go ahead and set that pipe in while we’re out there, rather than coming back in with the jail site project and doing the work then.

Commissioner Fanello: What was the total again?

President Mosby: $12,000?

John Stoll: $7,680.

President Mosby: Oh, $7,000, I’m sorry.

Commissioner Fanello: I’ll move approval.

Commissioner Crouch: Second.

President Mosby: So ordered.

John Stoll: The last item I’ve got is a request for approval of an agreement with Environmental Management Consultants for the asbestos inspections of the four properties that would be demolished as a part of the University Parkway project. We’ve got four houses out there that INDOT will require us to get asbestos inspections on. The grand total of the agreement is $1,600. This covers getting 50 samples out there to test for asbestos, and anything above and beyond the 50 samples will be billed at the rate of $20 per additional sample. I had Kevin take a look at this, and the only thing that he said we would need to do is strike provision number ten on page four. But, subject to that change, it’s requested this be approved as well.

Commissioner Fanello: I’ll move approval subject to the change.

Commissioner Crouch: Second.

President Mosby: So ordered.

John Stoll: That provision was just a liability limitation, that it limited their liability to twice the dollar amount of the contract. That’s all I had, unless you have any questions on anything else.

President Mosby: Any questions for the County Engineer? Thank you, John.

John Stoll: Thanks.

President Mosby: County Highway, Dennis.

Dennis Hudnall: Good evening, Dennis Hudnall, County Highway. Just to keep you up to date on Pioneer Rail Corp, last week I told you that they had tentatively scheduled the railroad crossing at Mill Road to be fixed on the 25^th of this month. They called and requested that I delay that until the last week in October, the first week of November, because of Cargill shipments and polymer shipments to DSM. I understand that commerce must move, so I okayed that. There’s nothing that we could do, they couldn’t shut down, but they did give me a date. So, that’s the main thing. We’ve got a date that they replaced it. So, they’re sincere in fixing the rail crossing. They said it will be fixed at that time. So, I trust them, I think.

President Mosby: Okay.

Dennis Hudnall: Another thing...do you have any questions on that?

President Mosby: Any questions of Dennis? Thank you, Dennis.

Dennis Hudnall: Well, I’ve got one other thing.

President Mosby: Oh, okay, I’m sorry.

Dennis Hudnall: I need permission to go out for bids on some side cut mowers. Two side cut mowers and a tri-axle truck. John Stoll and I reviewed some of these properties that I must cut, like Lynch Road, it’s a 3:1 slope, and I do not have the equipment to cut these properties. John tells me that I’m going to have more and more of them to cut. So, I need the low profile mowers with the dual tires on them in order to cut these slopes. I visited the Levy Authority, which cuts them everyday, and they have some mowers that are suitable. On one of these mowers I need a side cut mower with a bush hog pull behind. I would like permission to go out for bids on those two mowers and one tandem truck.

Commissioner Fanello: Is this going to meet the requirement of a sealed bid? Or an informal quote?

Dennis Hudnall: I’ve got a tentative estimate on the mowers, they are $70,000 a piece. The truck is right at that too.

Kevin Winternheimer: $70,000?

Dennis Hudnall: $70,000, so I’m going to have to go through Phil Lawrence, I believe.

Kevin Winternheimer: Yeah, you’re so close to the limit of $75,000. If I were you, I would do a formal advertising, because so many times these things come in just a little bit over. You’re so close there that I’d do a formal advertising with it, and then you know you’re safe.

Dennis Hudnall: Just to ask you the question on the purchasing, can I go to the vendors themselves and request a quote, according to my specs, and then turn that in to Phil Lawrence? Or do I let Phil Lawrence handle the whole thing after I turn the specs in to him?

Kevin Winternheimer: That’s up to you.

Dennis Hudnall: See, the problem I have with going through purchasing, they don’t know the exact...you’re not going to get an exact match on all the specs. I would like to have the ability to say, yeah, that’s acceptable, or reject it, either one, because it’s kind of critical. I have two mowers right now, and one of them stays in the shop more than it’s out on the road. It’s, I’ve been fighting to try to keep it out there, and it’s just about impossible, and I can’t keep up with the weeds. So, there are certain features that I do not want. I would like the ability to say, no, I’m not going to accept that replacement part, or substitute for something. Do you see what I mean?

Kevin Winternheimer: Right. Yeah, no, I would say you pick what you want as far as the specifications.

Commissioner Crouch: Isn’t that what taking it under advisement, I mean, Dennis would be the one that would go through it and, you know, determine. Even if you would go through purchasing, you still would have the right to review and decide whether something is acceptable or not.

Kevin Winternheimer: Yeah, I would say that he needs to work with you to get those specs. He can do the boiler plate stuff, but as far as the technical part, make sure you get the product that you need.

Dennis Hudnall: See, once I get the specs, I go out to these vendors...there’s going to be probably four of them that’s your main vendors that’s going to bid on these. Most of them will come to you and they’ll say, well, I can’t provide this feature, but this one is better than the one you’ve got in your spec. Well, that’s not always acceptable. You’ve got to go out, and I want to know a testimonial from somebody that’s used it–

Kevin Winternheimer: Sure.

Dennis Hudnall: – to prove that. Because I have an Alamo mower right now that stays in the shop quite a bit, and it’s just not repairable. It’s become a maintenance nightmare.

Kevin Winternheimer: If after talking to a number of these vendors, if you’re very certain you’re going to get some bids under $75,000, then you can do the quote method, whereby you send quotes to just the dealers that you want. You have to do at least three.

Dennis Hudnall: Okay.

Kevin Winternheimer: Three local dealers to get the kind of product you want. But, like I said, if you do that, make sure you are going to stay under $75,000. But, if you’re, you know, if you’ve looked through their brochures and information and they’re coming in, it looks like it would be, then you don’t have to do the formal advertising. I didn’t want to lead you astray.

Dennis Hudnall: I would prefer to go out to the vendors on a formal quote, bring them before the Commissioners, give them all the bids, make my recommendation, and let them decide.

Kevin Winternheimer: We should, even on the where you get quotes, we should open them up here.

Dennis Hudnall: Okay.

Kevin Winternheimer: You know, you can go out and get them, but bring them here.

Dennis Hudnall: Do they need to be sealed?

Kevin Winternheimer: Yes.

Dennis Hudnall: Okay.

Kevin Winternheimer: Yeah, and they can either mail them to you, or wherever you want them to, but bring them here and we’ll open them up in the meeting.

Dennis Hudnall: Okay. That’s all I have.

President Mosby: Are there any other questions of Dennis? Dennis, do you have anything else?

Dennis Hudnall: Huh?

President Mosby: Anything else?

Dennis Hudnall: That’s it.

President Mosby: Okay, thank you.

Dennis Hudnall: Have a good night.

President Mosby: Next, County Attorney.

Kevin Winternheimer: No report tonight.

President Mosby: Superintendent of County Buildings.

Tammy McKinney: I’ve got a couple of things that I would like to go over with the Commissioners. The first thing is the city and county lots, the mowing. The County Highway have been mowing these lots, and these are lots that we get complaints from the Building Commission. What I need to do is get a dollar amount where I can bill these citizens back, the owner of these properties and try to recoup some of the time that Dennis and his guys are using. Basically, what I’ll do is invoice, I’ll get with Dennis and see how long it took to take care of these properties, send an invoice, or send a letter requesting the amount of money. I give the taxpayers 30 days to send us a check, and if they don’t within the 30 days, assess a $15 fee, and then put it on their tax lien.

Commissioner Fanello: Now, these are the owners of properties that violate the weed ordinance?

Tammy McKinney: Right.

Commissioner Fanello: Okay, and before I think we had other contractors out there mowing, but you haven’t been able to get any contractors to do it.

Tammy McKinney: Right. I’ve tried to contract it out this year, and they are just swamped. The company that we used last year went out of the mowing business, and last year the average bill was about $84 or $85. So, you know, the $90 is not way out of, you know, out of the ballpark, as far as price wise.

President Mosby: Okay. So, are you looking for approval–

Tammy McKinney: Right, just approval from the Commissioners on these prices that Dennis got to me.

Dennis Hudnall: I would like to make one comment about this. This is a big task, and it takes at least one of my people, it takes a one and a half workers a year just to accomplish this. Because I take them from the Building Commission, which is weed control, and then Tammy has her lots that’s in the county. We’re getting more and more of these, and it ties up about one and half workers , because when you go out to these lots they have bottles and cans and everybody wants to dump their trimmings and debris on them. It really taxes the County Highway to do these. There’s a hiring freeze on, and you only have a limited amount of people. What we’re doing, we’re, when John Stoll comes up here and accepts the county, or new subdivisions every week and says, okay, we would like, and you okay those, the county’s responsibility is growing, growing, growing, but the personnel is not.

Tammy McKinney: It’s staying the same.

Dennis Hudnall: We are really fighting to get all these jobs done, and to please everyone, but I want you to understand that when she can’t get a contractor, when weed control can’t get a contractor, and the County Highway has to do this type of work, it really taxes us to get it done. A lot of times when people call you from the county and says, well, they haven’t been out here yet, you pretty well know why. It’s because I just don’t have the resources to complete all of them. We will eventually get to them, and we do log them in, but we can’t get to them right away. We do the best we can to help Tammy out.

Commissioner Crouch: This is for city and county–

Dennis Hudnall: Yes.

Commissioner Crouch: –lots? What’s the percentage, off the top of your head? What percent is city, and what percent is county? Is it about a 50/50?

Dennis Hudnall: I would say, right now, she has 42?

Tammy McKinney: Well, now, the lots that are in the city, those are our surplus. Those don’t get charged. The one’s that will be charged are the one’s that are county.

Dennis Hudnall: That you have an owner to.

Tammy McKinney: Right, and those are one’s that the Building Commission, they go out, they investigate, they send a letter and everything, and then they usually let it go. They give them like a couple of months to show progress, and when they don’t get a response, then that’s when it comes to our office.

President Mosby: Any other questions? Chair would entertain a motion.

Commissioner Fanello: I’ll move approval on the prices.

Commissioner Crouch: Second.

President Mosby: So ordered.

Tammy McKinney: Okay, the next item I want to discuss is the Old Courthouse roof. I took the liberty of taking pictures and everything, since no one else wants to go up there.

President Mosby: I seen them.

Tammy McKinney: Once we’ve gotten to the main center dome, we’ve discovered more damage than anticipated. Basically, to cut through the chase, it’s going to be about an estimated additional $33,000. I believe I do have this in my budget. So, at this time I don’t think I need to go to the County Council to ask for additional funding. But, I just wanted everyone to kind of see what’s up there.

Commissioner Fanello: Well, I think you may have to make a transfer.

Tammy McKinney: Right, I’m going to have to transfer some monies to get into a new, or an appropriate line item. But, as far as having the monies, I think it’s there.

President Mosby: Are there any questions?

Commissioner Crouch: So, you just need to permission to file the transfer?

President Mosby: Yeah, I guess.

Tammy McKinney: Yeah, permission to file a transfer. Just if you have any questions about any of the pictures or anything.

Commissioner Crouch: Pretty impressive. You’re a brave woman.

President Mosby: I mean, I would just say we need to do it now while we’re doing all this work, so.

Tammy McKinney: Right.

President Mosby: I mean, we’re there, and we can address the problem.

Kevin Winternheimer: I guess, you’re also approving an addendum to the contract then, right? To increase the amount.

Commissioner Fanello: Yeah, it’s actually a change order.

Tammy McKinney: Yeah, it would be a change order to their P.O.

Kevin Winternheimer: So, I guess, you’re approving that too.

President Mosby: Okay.

Commissioner Fanello: I’ll move approval.

Commissioner Crouch: Second.

President Mosby: So ordered.

Tammy McKinney: Okay, so that’s my spending of money, now I’m trying to create new money with a couple of leases for the Courthouse. Cinergy Communications would like to lease three office spaces. They want to use these for administrative purposes. They would like it on a year to year basis. So, once we get our space allocation, if we need those offices, that shouldn’t be a problem to get those. Approximately they are going to rent another 1,700 square feet. It’s going to be approximately add $11,500 a year. So, I just need approval on the lease for Cinergy.

Commissioner Crouch: Motion to approve.

Commissioner Fanello: Second.

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

Tammy McKinney: The second lease is for the haunted house. This is a yearly thing we do with Phil Wolter. So, if you have any questions, I ask that you approve this.

President Mosby: Any questions?

Commissioner Crouch: So moved.

Commissioner Fanello: Second.

President Mosby: So ordered.

Tammy McKinney: That’s all I have. Oh, no, I have one more thing. In the consent items, in the travel requests, the County Assessor had the Commissioners budget as the means, the funds, and she has changed that to her budget. So, I just want to note that it will be coming from the Assessor’s budget.

President Mosby: Okay. So, we need to change the consent items too. Amend them.

Tammy McKinney: Now I’m done.

President Mosby: Burdette Park, Gary.

Gary Hohman: Gary Hohman, Burdette Park. You have within your package the recommendation from the Burdette Park Advisory Board. Sending their recommendation to you regarding the lease of the seminar building at Burdette Park. I would just like to ask for a motion for your approval for this lease fee of $1,500 per month on this one building.

Commissioner Crouch: How long would that lease be for, Gary?

Gary Hohman: They are looking at possibly a minimum of six months. Right now the building will be vacant between October the 3^rd and July the 1^st.

Commissioner Crouch: How much rent does that normally, in the course of a year, generate? That building.

Gary Hohman: We probably don’t have over six requests at $177 per–

President Mosby: It’s not very much. I talked to Steve and we haven’t had much success in renting that building.

Commissioner Crouch: Yeah.

President Mosby: We’re going to make more in one month, than we’ll make all year.

Gary Hohman: Our long range plans for this building is to possibly convert it over to, possibly, an additional chalet building. There are a number of changes that would have to be made to the building in order to put it as a regular rental building, but that is in our plans. The second form of their motion was to have the County Attorney look at and draw up a new apropos lease agreement for this six month period. I have a copy of our normal lease agreement for the rest of our chalets that Kevin can use as a guidelines, and put in the apropos language that would suit this for a six month rental. At the close of today’s work date, a confirmation from the potential lessor, lessee has not been confirmed. What I would like to ask of you that I will not get Kevin’s valuable time involved until we do get a firm committal from the leasing party before he draws up, or goes and puts the time and effort into drawing up a new lese for this building.

President Mosby: Okay, are there any questions? So, the chair needs a motion to have the County Attorney draw up a lease in the amount of $1,500.

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

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

Gary Hohman: Okay, the only other item I have is that on behalf of the management staff of Burdette Park we would like to thank not only the Commissioners, but your staff as well for the role that each of you played in the dedication ceremony of the O’Day Discovery Lodge. We have received nothing but favorable comments regarding the event that took place this past Wednesday. Our first rental on the building is this coming Friday, and we look forward to hosting not only this event, but many, many more in the future. That’s all I have.

President Mosby: Thank you and your staff.

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

Commissioner Fanello: So moved.

Commissioner Crouch: Second.

President Mosby: So ordered.

President Mosby: Consent items, one amendment being the travel claim.

Commissioner Crouch: Right, with that amendment, and then also to add a response to the memo to the County Commissioners from a Ms. Connie Whitmer, or Whitman.

President Mosby: Yes.

Commissioner Crouch: So, with those changes and amendments, I would move approval.

Commissioner Fanello: Second.

President Mosby: A motion and a second on the consent items with amendments. So ordered.

Madelyn Grayson: Excuse me, I don’t have the addition for the record. I don’t know what that was you were just mentioning.

President Mosby: We’ll get you a copy. There being no other business, motion to adjourn?

Commissioner Fanello: Motion to adjourn.

Commissioner Crouch: Second.

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

(The meeting was adjourned at 6:32 p.m.)

CONSENT ITEMS:

         Jail Expenses:

         Evansville Water and Sewer Utility ($5,100.86)

         Bernardin Lochmueller ($85.00)

         Travel Requests:

         Health Department                   County Assessor

         Employment Changes:

         Superior Court                          Circuit Court                   County Clerk

         Burdette Park

         Treasurer: Submit Monthly Report for August 2003.

         Auditor: Submit Financial Statement.

         Knight Assessor: Surplus of printer.

         Commissioners: Letter from Connie Whitman.

         Those in Attendance:

         David W. Mosby             Catherine Fanello           Suzanne M. Crouch

         Bill Fluty                          Kevin Winternheimer      Tammy McKinney

         Madelyn Grayson           Dennis Woehler              Eric Williams

         John Stoll                        Dennis Hudnall               Gary Hohman

         Others Unidentified         Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

David W. Mosby, President

Catherine Fanello, Vice President

Suzanne M. Crouch, Member

Recorded and transcribed by Madelyn Grayson.