VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

SEPTEMBER 25, 2007

The Vanderburgh County Board of Commissioners met in session this 25^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 Vanderburgh County Board of Commissioners September 25, 2007 meeting. It’s exactly 3:30, and I will start with introductions to my far right.

Marissa Nichoalds: Marissa Nichoalds, Superintendent of County Buildings.

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

Commissioner Korb: 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 will please join me in the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

President Nix: The first action item is to award bids, this is for removal of debris at 102 Read Street. Is there someone here to address that? Award bids for 102 Read Street?

Commissioner Korb: Is that Ted?

Ted C. Ziemer, Jr.: No.

President Nix: Okay. I think the Building Commission was to be here today. So, we’ll have to table that.

President Nix: The second action item is a burn ban declaration. I don’t know if this is still in effect, but, I guess, we’ll move forward with this. Does someone have a copy of the burn ban. Commissioner Tornatta, do you want to read that into the record please?

Commissioner Tornatta:

“Public notice, declaration of open burning emergency. The Board of Commissioners of Vanderburgh County, in order to protect the public welfare and safety during this unusual dry period and pursuant to the Vanderburgh County ordinance 8.12, hereby proclaims an OPEN BURN EMERGENCY. This emergency shall be in effect for all unincorporated areas of Vanderburgh County and valid 24 hours a day until further notice. No person shall set, start or attempt to set, or allow to continue an open fire within the county unless he or she has first obtained or has in his or her possession a written permit from the commanding officer of the fire department having primary jurisdiction over the area where the open fire is to be conducted. Any person deemed guilty of a violation of this declaration, and upon conviction, shall be fined not more than $500.”

President Nix: Is that in the form of a motion?

Commissioner Tornatta: That is.

President Nix: I will entertain a second.

Commissioner Korb: Well, yeah, can we have discussion on that first?

President Nix: Sure.

Commissioner Korb: My only concern is the ambiguity of not more than $500. Can we just like nail it down to one price? So that we don’t have to sit down–

Commissioner Tornatta: We need a second first.

President Nix: Yeah, then we talk.

Commissioner Korb: Second.

President Nix: Okay, any conversation?

Commissioner Korb: Yeah, that’s it. I want to find out if we can just have one price, instead of not more than. Just make it a set fee of 500 bucks, can we do that? Sorry.

Ted C. Ziemer, Jr.: You can.

Commissioner Korb: Then, I would like to amend that to just say a $500 fine.

Commissioner Tornatta: I would incorporate that in my form of the motion.

Commissioner Korb: Great. The only reason why I’m asking for that, it just makes it a lot clearer, and there’s no, well, oh, wait a minute, now how come you’re not going to.

Commissioner Tornatta: It’s kind of a moot point right now, because it’s rained like four inches.

Commissioner Korb: Great.

President Nix: A motion has been made and seconded. All in favor?

All Commissioners: Aye.

President Nix: Opposed same sign. Thank you.

Commissioner Korb: Thanks, Ted.

President Nix: Okay, the next action item is contracts, agreements and leases. Mr. Ziemer, good afternoon.

Ted C. Ziemer, Jr.: Good afternoon. The first item is space lease for use of space in the library for the second public hearing that you’ve ordered in connection with the Hamilton golf course. That lease is satisfactory for execution from a legal perspective.

Commissioner Tornatta: Motion to approve.

Commissioner Korb: Second.

President Nix: All in favor?

Commissioner Korb: We’ve got to get that fixed.

All Commissioners: Aye.

President Nix: Opposed same sign. Thank you.

Ted C. Ziemer, Jr.: The next one is a grant to the Vanderburgh County Prosecutor for the Adult Protective Services program. The grant is for a total of $285,592, of which $142,796 would be spent in 2007, and $142,796 in 2008. The agreement runs through 2009. The Prosecutors Office understands that they are responsible for fulfilling all obligations of the grantee under the grant agreement. So, it’s satisfactory for execution from a legal perspective.

Commissioner Tornatta: Motion to approve.

Commissioner Korb: Second, but can we have some discussion on this too?

President Nix: Yes.

Commissioner Korb: The concern that I have is that, as you read through this it makes it pretty clear that the state can pull this at anytime. Are we going to add employees for this, Ted, do you know? Or are we just going to take from existing employees and pay for them this way?

Ted C. Ziemer, Jr.: I don’t know the answer to that. I do know that this is recommended for approval by the Prosecutor. I would assume that he will only employ individuals who’s terms of employment would run through the period of the grant, but I don’t know that.

Commissioner Tornatta: Well, I can actually answer that question.

Commissioner Korb: Okay.

Commissioner Tornatta: Per the County Council, for the most part, anybody that is subject to a grant, is also subject to be fired when the grant ends.

Commissioner Korb: Okay.

Commissioner Tornatta: So, the Prosecutor knows that, normally the people that go in to that position could be from another area and they’re just moving over, so, they know about it. If they bring somebody in, they’re also told that if that grant runs out that they potentially could be let go.

Commissioner Korb: That was the concern I had. I did not know that. So, that’s good to know.

Commissioner Tornatta: Yeah, they won’t hold that up, and the County Council has pretty much made a standard of how they are going to handle those situations.

Commissioner Korb: Great. Good. No further discussion.

President Nix: Mr. Tornatta, did you make a motion?

Commissioner Tornatta: Yes, I did. Did you second it?

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Thank you.

Ted C. Ziemer, Jr.: The next item is with regard to the letter of credit for improvements to MJM Subdivision. The developer of that subdivision was unable to complete the improvements necessary for the subdivision. At the time the subdivision was approved he had posted a letter of credit in the amount of $86,278 as surety for completing the required improvements to the subdivision. A property owner in the subdivision has come forward and indicated that he is willing to assume the obligations of the developer to complete the improvements required in the subdivision, as indicated on a punch list prepared by the County Engineer, and that he will have a contractor that he selects do that, and he understands that the total amount that his contractor could be paid for performing these services will be $86,278, which is the amount of the letter of credit. If the work is done for a lesser amount and Mr. Flittner, who is that individual, believes it can possibly be done for less, then the excess would go to Fifth Third Bank as the issuer of the letter of credit. We’ve been working on this for a long time. We have some other letters of credit issues in the county, but this would take care of this one. We’ll take the next one as it comes.

Commissioner Tornatta: Motion to approve.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Thank you.

Ted C. Ziemer, Jr.: The next contract is a statement of work from Berbee Corporation, which is a supplier of hardware and software to the County and to the City. In this particular case the statement of work covers a Cisco Monitoring Analysis and Response program ,which goes under the acronym MARS, and that program will supply services to the Vanderburgh County Courts and to the City of Evansville. The total cost of the program is $7,200, with the city paying one third of that amount, and the county, on behalf of the courts paying two thirds of that amount. That breakdown, one third and two thirds, is based on the equipment and services being more for the county courts than it is for the city. We recommend the approval of this agreement.

Commissioner Tornatta: The important part is it says that we have these already in the budget, these funds.

President Nix: I’ll entertain a motion.

Commissioner Tornatta: So moved.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Thank you.

Ted C. Ziemer, Jr.: Finally, you’ll recall that a couple of meetings ago, under our refund agreement with the county’s health insurer, it was determined that we would draw down the excess of premiums paid over claims paid. We signed a document to accomplish that. In that same connection, it’s for the benefit of the county that we have in place an out-of-area claims agreement, which they call a schedule of financial variables. Under that, the pooling level for claims cannot exceed $100,000, and it may well exceed that, but under this agreement it cannot exceed a hundred, and we won’t be charged more than that. Anthem’s refund discount will be limited to $2,000. So, this is for the benefit of the county and will serve to increase the amount of our annual refund, under the refund agreement. We recommend approval of this.

Commissioner Tornatta: Motion to approve.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Thank you. Mr. Ziemer, do you have anything else?

Ted C. Ziemer, Jr.: I don’t.

President Nix: Department head reports. Mr. Stoll?

John Stoll: First, I’ve got some amended street acceptance requests for Carrington Meadows Subdivision. Last week we had processed an acceptance for Section Three of Carrington Meadows, and in that we had included 124 feet of Pondella Drive, but in reviewing the plats, all of Pondella Drive is in Section Two. So, I’ve got an amended Section Three acceptance that eliminates Pondella Drive. So, the Section Three acceptance is just for Stapleton Drive, which was 132 feet, and Sylvan Court, which was 744 feet. That eliminates Pondella for Section Three.

Commissioner Tornatta: Motion to approve.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Thank you.

John Stoll: In conjunction with that we found that there was an additional 191.39 feet of Pondella Drive that was in Section Two that was not accepted when that was previously accepted in ‘05 for Section Two. So, I’m also requesting acceptance of 191 additional feet of Pondella Drive in Carrington Meadows, Section Two.

Commissioner Tornatta: Motion to approve.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Thank you.

John Stoll: Then, next I have a time extension request for contract number VC07-05-02, concrete repair of various roads. This is being done by JBI Construction, and they are requesting a 30 day extension until October 26^th. I would request approval of that time extension.

Commissioner Tornatta: Motion to approve.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

John Stoll: The last item that I have is in regard to the Bohannon Barrett Law project. There was a conflict with a water main out there. So, Easley’s office had to redesign some portions of the drainage ditches out there. I brought those plans to you several weeks ago. We’ve now gotten the amended prices back from JH Rudolph for making those changes that Easley’s plans had drawn up. I’ve got a change order here for an increase of $14,162. They are also requesting an extension of the completion date until December 1, 2007.

President Nix: Motion?

Commissioner Tornatta: Motion to approve.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Sir? Are you here for Bohannon Estates? If you could wait till we get to public comment?

Unidentified: Okay.

President Nix: We can address it at that time. Thank you.

Unidentified: But, this is what I don’t want approved.

President Nix: Okay, wait until we get to public comment please. Any other department heads.

Mike Duckworth: Mike Duckworth, County Highway Department. I’ve submitted to you, and I believe it’s in your packet, information regarding a contract, and I had Mr. Ziemer look at it briefly. This is between Ivy Tech and the County Highway Department regarding the applicant testing of a position that we have open at the Highway Department. We would like to send some potential employees over to be tested, prior to hire. This is a similar contract that we’ve had before with them.

Ted C. Ziemer, Jr.: Yeah, we have a similar agreement in place. Ivy Tech performs a service to evaluate employees, and I did get to look at it 20 seconds prior to this meeting starting. But, I find it acceptable for execution.

Mike Duckworth: Well, I would have had it earlier, but I forgot that we were going to not be here for the next two weeks. So, I thought that we should continue the process. So, that’s why my lateness in the request for consideration in this.

Commissioner Tornatta: I’ll make a motion to approve.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Thank you.

Mike Duckworth: Thank you.

President Nix: Any other department heads at this time? Thank you.

President Nix: The next action item is board appointments. This is for common construction wage for a project we have at the Old Courthouse, the Wedgewood Room. I’ll entertain a motion to approve these two appointments.

Commissioner Tornatta: So moved, and that’s actually board appointments, common construction wage, is that it?

President Nix: Yeah, uh-huh.

Commissioner Tornatta: Of Kristi Adams and Richard Lamb.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: Thank you.

President Nix: Next item is old business. This is a NACo Energy Star Change-A-Light campaign. I think we’ve got a, do we have a proclamation here for that today? Okay. Basically, we are encouraging county residents to make a pledge to change one incandescent light bulb in their home to an energy efficient one between October 3^rd and November 30^th . Residents of Vanderburgh County can go online and pledge to change a light at NACo.org/changealight and receive a three dollar off coupon for an energy efficient light bulb from Office Depot. Additional information, as well as a link to this website will be available on the Commissioners home page. Thank you.

President Nix: The next action item, first of all is there any new, excuse me, the next action item is public comment. Sir?

Gerald Reddick: My name is Gerald Reddick. I live at 11711 Bohannon Drive in Bohannon Estates.

President Nix: Okay, how do you spell your last name, sir?

Gerald Reddick: R-e-d-d-i-c-k.

President Nix: Thank you.

Gerald Reddick: I’m here today because the rest of the people in this subdivision have fought this project for four years. I moved in last October, and I’ve been blind sided by it. I had no idea what was going on. But, all of a sudden work starts, and everybody I talk to, County Engineering Department, Rudolph’s people, they’re saying these are the most screwed up set of plans they’ve ever laid eyes on. I talked to Tom Goodman this morning and yesterday afternoon, he said the plans were ridiculous. He said that what has happened, they came out and started digging the ditches, and all of a sudden they are exposing an eight inch main water line coming in to the subdivision. Well, Rudolph had to stop. That makes sense. Well, the county don’t want anything to do with it. The Water Department don’t want anything to do with it. So, Rudolph’s got no choice but to pack up and leave.

President Nix: Okay.

Gerald Reddick: Now, we’ve been sitting this way for what, two months? We’ve got ditches dug and it’s a mess. Now, they’re wanting an extension now. I don’t have a problem with the extension, but I want the work done.

President Nix: Okay.

Gerald Reddick: We’re tired of messing with it. Now, the reason that Rudolph has had to pull out, they’ve got to exchange pipe, do this and do that, is for one reason, it’s because Andy Easley Engineering did not do the work like they should have done to know where this water line was, to know where the utilities were, and this $14,000 request for add on to this job is coming out of my pocket and 24 other people’s pocket, and I think it’s a crock if this is approved. If they need that much money, let them go to Andy Easley and get it. He’s the one that screwed them to start with. Now, this is getting a little bit ridiculous. All of a sudden now we’ve got a sewer project coming up out of this same deal, Easley said, well, it’s not finalized yet, because we’ve got two houses on Fischer Road that wants to get in on it. Now, as I understand it, and I’m not a contractor in this respect, for those two houses to tie into this main line that runs down Boonville-New Harmony Road, they’re going to have to lay a line all the way down Fischer Road to get to these two houses. And they’re going to get it installed for the same price that the other 30 or 35 houses are getting it installed at? They’re coming in on this thing on the back end. Now, I don’t have a problem with them getting on sewer, but they’re responsibility is from Boonville-New Harmony Road and down Fischer Road. That’s not our problem. That’s going to jack our costs up. Now, we’re sitting here as the end customer in this whole deal, and we have had nothing to say in what goes on. I think it’s time that it stops.

President Nix: Sir, were you notified by the previous homeowner that this Barrett Law–

Gerald Reddick: No, sir.

President Nix: –was being taken underway?

Gerald Reddick: No, sir.

President Nix: You were not? Mr. Stoll, I didn’t know if you wanted to address any of this or not.

John Stoll: I guess, if Mr. Reddick was moved in last October there should have been a notice, because all the affected property owners were mailed notices of the resolution and the hearings back, what was that November and December of last year, Ted? So, the procedures were followed. I mean, the hearings, I know two of the three Commissioners weren’t here at the time, but the proper procedures to the public notice were followed. As far as why Mr. Reddick didn’t receive any notice, I really don’t know.

President Nix: I’m just wondering, maybe because of the address change of the person that lived where you are at, maybe they got the notice and didn’t see that you received it. Could that have been a possibility? Because it could have been, it was addressed to, I’m sure the previous homeowner?

John Stoll: There again, I don’t have that handy--

President Nix: Right.

John Stoll: –but that’s very possible.

President Nix: Right. I’m wondering if it was forwarded to the person that owned the home before you purchased it.

Gerald Reddick: I haven’t heard anything about it.

President Nix: Okay.

Gerald Reddick: If that’s the case.

Ted C. Ziemer, Jr.: Just to make a couple of comments from a legal perspective, the way a Barrett Law procedure works, the homeowners in a subdivision, like Bohannon Estates, select the engineer that they want to use. In this case, the owners selected the engineer who is doing the job. If they have a problem with that engineer, that’s where the problem is, between them and the engineer. The county has nothing to do with the selection of the engineer. Then, the second thing that I wanted to point out is that relative to the sewer project that you mentioned, that will be a separate Barrett Law bond issue, and it has not even started yet. So, nothing is going forward on the sewers, at this time it’s only the road improvements that are being done.

Gerald Reddick: I would like to ask a question.

Ted C. Ziemer, Jr.: Sure.

Gerald Reddick: I understand this project started in excess of four years ago, what’s the problem?

Ted C. Ziemer, Jr.: I’m not sure I can answer that. But, I can tell you what I know about it. When you say it started four years ago, what that means is that people in the subdivision began to think that they would like to have some road improvements done out there. They selected an individual, I can’t remember who it was, and, again, it’s not the county’s responsibility, they selected an individual to go around to the homeowners and check to see who all was in favor of doing this and who wasn’t. That usually takes several months to get that process done. Then, when they get to that point they select an engineer and he begins to develop the plans for the project. Then, after the plans have been developed, they have to be approved, and then following that we have public hearings, everybody in the subdivision is notified, both in the newspaper by publication and by certified mail sent to their addresses as shown on the tax records of this county that there’s going to be a public hearing to discuss this. I remember this in particular, there was no one from the neighborhood who appeared at the public hearing to express any remonstrance at all regarding the project. After that’s completed bids are taken, and if the bids come in under the estimate of the total cost for the project, then bids are awarded to the lowest, most responsible and responsive bidder, and the work begins. After the work begins it’s in the hands of the contractor who’s doing the work, not, again, the county has nothing to do with that. I do know that in this case they ran into a problem regarding the water line. That was unfortunate. I don’t know who’s fault that was, but I know that they did have that problem. The only way that we can resolve that problem is to have the request for a change order approved today so that the work can be done to avoid, I guess, breaking that main in the process of doing the work.

Gerald Reddick: Well, I talked to Justin from Easley’s office at 2:05 this afternoon, and unless I’m mistaken, he told me that on September the 13^th this change was approved. The money was approved. The changes were approved on September the 6^th. Now, I don’t know. It’s hard to get a straight answer out of anybody. It’s really getting frustrating, because here I am moved into a place, sunk a bunch of money into it, and I get slapped with a $10,000 bill. Then the sewers are coming, and they’re telling me it’s going to be $5,000-$6,000.

President Nix: Once again, this sewer issue is another whole Barrett Law, is that correct, Mr. Ziemer? So, that’s really not an issue.

Ted C. Ziemer, Jr.: That’s right. That’s not an issue now.

President Nix: I guess, the other thing, as far as the change, I don’t recall any change order being approved for this until today, for this particular work. John, was there anything else out there?

John Stoll: We had some cost estimates submitted by JH Rudolph a couple of weeks ago, but I never brought those to you for approval. So, this is the first change order regarding the changes to the ditch grades and all the other issues associated with the water main. There were no other change orders. The original estimate that we’d received from Rudolph was around $20,000. So, in order to stay in line with the overall maximum project cost, that’s where we’ve been working with Rudolph to try to find what could be changed to lower the cost, and that’s why it was delayed until today to be brought to you for your final approval.

President Nix: And they were able to get the cost down somewhat by, I guess, some value engineering?

John Stoll: We thought some of the unit prices were too high.

President Nix: We questioned those?

John Stoll: Then, Rudolph agreed to adjust it downward.

President Nix: Okay.

Commissioner Korb: John, are you comfortable with the change order that the project will move along a lot smoother than what it has?

John Stoll: Yes, this will allow them to get back out there, because the changes were made, basically, the ditch slopes had to be changed, some pipes had to be changed in order to be able to go ahead and get the intent of the project, which is reconstruct the road to about, I believe it’s 19 to 20 feet in width with open ditches. The original plan, when the excavation was done for the ditches then it reduced the cover over the water main to virtually nothing. It was found that the original cover over the water main was roughly a foot and a half, as little as a foot and a half, when Easley’s office said that they were originally told by the Water Department that it was three feet. So, there wasn’t any, with that lack of cover, they couldn’t take more dirt off and not hit the water main. So, the design changes were made to the ditches in order to try and get the project to progress again. Now, with the approval of the change order, now Rudolph knows they are going to get paid to make these changes and get back out on the job and get it done by December 1^st.

President Nix: Sir, do you have a comment? You need to step up to the podium, please, and say your name, please, for the record.

Jess Sharber: My name is Jess Sharber. I’m Jess Sharber. I also live in the Bohannon Estates. You know, with all the frustration with the project, I guess, we’ve learned to live with some of that. As John can tell you, he’s been out there and looked at some of the stakes and the changes. There’s property owners out there that’s property has been left in a mess. You know, we ought to have some assurance that at some point this project is going to be completed. As Gerald said, this has been rolling around for quite some time. I’m not saying that was your fault, because I was here in the meeting when it was approved for the cost of the project. My issue and concern is Andy Easley is the engineer, Rudolph is the contractor, where is it that we have a financial obligation to bear the cost of $14,000 in changes that we did not have a public hearing on? We had a public hearing on an amount that said each homeowner was going to pay $11,003. Now, I didn’t think that day that I heard anyone, some of you are new, but, some of you were here, Troy was here, Bill was here, the attorney was here. No one told me at that meeting that this was a guesstimated cost, and that there is a zipper clause that says you may end up paying $20,000. I didn’t think that we were handing someone a blank check. If there’s a $14,000 cost that’s been incurred because of whoever’s mistake, and I’m not here to point fingers or lay blame. I am here as a concerned property owner that I have an idea what these projects are going to cost after I come to my representatives and they tell us clearly what that cost is going to be, and that we may, you know, we may incur additional costs because we really don’t know if this is what the project should look like or not. I don’t feel that we owe, we have the burden to pick up this $14,000. And I believe before you approve that you need to call another public hearing so the property owners can speak on this issue. We need some assurance, if at some point we get by the $14,000, some assurance that that project is going to be completed. People’s property, fellas and ladies, have been tore up out there for two months. It’s pitiful. Every time you call Andy, and we don’t deal with Rudolph, because he deals with Andy, it’s as Gerald says, I was told the first of the month that they would be back on the job the 14^th or the 17^th. I was told that by Jason. Well, apparently, from what you’re saying today, there’s no way they would be back, you hadn’t even approved any changes. I will say to you again, I don’t think the $14,000, folks, should be beared by the homeowners in Bohannon Estates. Somebody else needs to wear that one.

Commissioner Tornatta: Let’s get a little clarification here, if you don’t mind. I know I’m a familiar face, but I wasn’t on when we approved this, but that’s okay. John, if you can, are we still under the parameters of what they were initially told?

John Stoll: Yes. The total maximum project cost in the resolution was set in at $250,000. So, we had a ten percent contingency set up in that. The original bids were about $225,000. So, this change order ends up using up the remaining part of that contingency. We’re just shy of $250,000 with this change order.

Commissioner Tornatta: So, would that have been the money they would have been told would have been the maximum?

John Stoll: Yes, the resolution–

Commissioner Tornatta: Okay, so, in this monies that’s spent today, if we go on with what we’re looking at, would still be underneath? So, they would incur no additional costs than what they were once told?

John Stoll: Correct. The resolution capped it at $250,000 for the street construction, plus legal fees and design fees. I think the grand total was like $286,000, but we haven’t exceeded that. This change order puts it right up to that limit, but it hasn’t been exceeded.

Commissioner Tornatta: Right, and that’s pretty much why you worked with the contractor to bring that price down to that point to where they would see no extra monies going out?

John Stoll: Correct. We couldn’t exceed that.

Commissioner Tornatta: So, you’re working for Bohannon Estates a little bit, trying to help them out. I mean, in all intents and purposes, working with the county to make sure you’re not going to be spending that extra money. So, even though we approved extra money, it still finishes the project under what they originally told you that project cost would be?

Jess Sharber: I’m sorry I took up your time. Because I didn’t understand that when he announced earlier that there’s additional costs, I didn’t understand that it was within, I didn’t know there was a fixed percentage built in for mistakes or whatever. So, I’m sorry for that, but I would ask you to help us anyway you can to make sure that project gets a dead date and is completed by that date. This has went on, now we’ve got flags and poles in our yards. We’ve done had one neighbor got mad and pulled all of his up and throwed it in that Little Pigeon Creek they dug on his side of the street. So, we would ask any assistance you could give us on that, we would appreciate it.

President Nix: Sir, the fact that we acted on this today is to try to keep this thing moving forward. It’s just taken some time to get Rudolph and everyone to come up with a price that was agreeable to us that fell within this limit. So, we appreciate you coming today. But, once again, these Barrett Law projects, we’ve got, how many do we have right now going , John? We’ve got the potential for a couple, and then three or four, they’re not easy projects to do, because you’ve got a general consensus, you’ve got a whole lot of people that you’ve got to please. John’s really, I know every one of these things we just, we shudder at the fact of doing it. We’ll continue to do it, but they’re just hard, they’re hard projects to get done. So, just bear with us on this. I don’t know, Mr. Easley’s here, I don’t know if you had any comment on this at all? Okay.

Jess Sharber: Well, we were fairly patient until they started. Now, they’ve got us all tore up, and, you know, I understand contractors work by jobs, so, even though you’ve approved it today, we need some assurance that Rudolph’s going to get back out there and get on that job and have that thing completed for us in some reasonable amount of time. Thank you.

President Nix: Thank you. Thank you for coming. Is there any other public comment?

Gerald Rettig: I don’t mean to jump on the band wagon, but on August the 29^th an article appeared in the Evansville paper concerning the Scott Township Assessor, John Habermel. Now, he went before the County Council, and they, with a money request, and they cut his request for rent from $12,600 a year to $6,000 a year, and told him he had to negotiate with the County Commissioners with regards to moving the office of the township assessor, which at its present time is in the Scott Township Fire Department building on North Green River Road. He wants to move it to a residence that he owns on Boonville-New Harmony and Old State Road. Now, my contention is, he says that there’s a liability with people walking into the fire department building, going through the fireman’s lounge and around the fire truck that’s parked in the bay. I’ve been in that building since the assessor’s office has been in there. Number one, I don’t see a liability. You would have to be blind to walk into that fire truck. If you’re blind, you need help walking. So, somebody could lead you around it. Number two, if he sees a liability of people walking through the building, why don’t he get off his duff and pour a sidewalk on the north end of the building where there’s an entrance door, and when you step inside that door, you’re in the assessor’s office? That sounds to me like a lot cheaper than moving an office. Furthermore, the assessor’s office is paying the township fire department $800 a month rent. Okay? That’s like me taking $800 a month from my left hand and putting it in my right hand. I still got it, I’m just using it in a different manner. It’s still benefitting the township residents. If we let him move this office to a house that he owns, all we’re going to be doing is paying his mortgage, and I think that’s a crock. I think the money that’s going into the township fire department’s account, that’s fine. But, then I look at this empty jail sitting over here. How long has that new jail been in operation, three years? Why haven’t all these township satellite offices been moved into these buildings down here that the county owns, and they don’t have to pay no rent? Gentlemen, I’m sorry–

Ted C. Ziemer, Jr.: For one thing, the office has to be in the township for which they are trustee.

Gerald Rettig: It has to be in that township?

Ted C. Ziemer, Jr.: It has to be in that township, yes, sir.

Gerald Rettig: Alright, then if that’s the case, I’ll say the same thing about that that I say about the state motor vehicle department that goes out and leases property in a new building and pays a lease on it for years. Number one, they don’t pay taxes, why don’t they buy a piece of property, build a building that’s big enough and stay there forever? Now, I got the same thing to say to you guys, you don’t have to pay rent and help a guy pay a mortgage off. The county owns property, I’m sure, I’m sure that there’s something that can be worked out with the Scott Township Fire Department property that the county could build a building, and there’s plenty of room to do so, and put that township office, not only the assessor’s office, but the trustee’s office could be put in the same building. I’m kinda simple. I look at a dollar bill real hard, and I see a lot of waste.

Commissioner Korb: Excuse me for interrupting, has he brought that before us for discussion?

President Nix: I’ve seen some correspondence about it, but I don’t know that he’s been to a meeting to discuss this at all. There was some correspondence about it, but there’s been no action taken on it. So, right now, they are where they are.

Gerald Rettig: Now, I went before the County Council with this. It was after the fact, and they had already flagged it over to you all for him to negotiate with you on moving the office.

Commissioner Korb: We’ve not heard from him, but your comments make a lot of common sense. I read the article too and I just smiled and thought that doesn’t even smell right. So, for whatever that’s worth, we’re just waiting until it comes before us.

Gerald Rettig: Well, to me, thank you for your time.

Commissioner Korb: Point taken.

President Nix: Thank you. Appreciate your time. Any other public comment?

President Nix: Seeing none, I will entertain a motion to approve the consent items.

Commissioner Tornatta: So moved.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

Madelyn Grayson: There is an additional travel request for the County Highway that needs to be added.

President Nix: Okay. Amended?

Commissioner Tornatta: Motion to amend to include an additional request for the County Highway.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

President Nix: We will start Drainage Board immediately.

Madelyn Grayson: We have to adjourn this meeting first.

Commissioner Tornatta: Motion to adjourn.

Commissioner Korb: Second.

President Nix: All in favor?

All Commissioners: Aye.

(The meeting was adjourned at 4:10 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the September 18, 2007 Commission meeting minutes.

2006 & 2007 Anthem Schedule of Financial Variables.

EPD: Waiver of Centre Fee, Not O/T.

Evansville MPO: Revised Letter of Intent for I-69 Grant.

Employment Changes:

County Clerk (3)                       Auditor (1)                                 Treasurer (1)

County Highway (2)                  VCCC (1)                                  Sheriff Office (3)

Commissioners (1)

Travel Requests:

Area Plan Commission (2)       Health Dept. (3)                        DADS (1)

County Highway (1)

Area Plan Commission:

Community Rating System Recertification.

Surplus Letter: 3 computers.

County Engineer: Pay Request No. 36: Green River-Burkhardt Road TIF Projects.

Purchasing: Monthly Report: August 2007.

Treasurer: Monthly Report: August 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.          Marissa Nichoalds

Madelyn Grayson                     John Stoll                                  Mike Duckworth

Gerald Rettig                            Jess Sharber                            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.)