VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

AUGUST 19, 2008

The Vanderburgh County Board of Commissioners met in session this 19^th day of August, 2008 at 5:00 p.m. in room 301 of the Civic Center Complex with President Jeff Korb presiding.

President Korb: Good evening, ladies and gentlemen. It is 5:00 p.m. and we are gonna start this meeting of the August the 19^th Board of Commissioners of Vanderburgh County meeting. So, if you would, please, introductions from my right.

Marissa Nichoalds: Marissa Nichoalds, Superintendent of County Buildings.

Kathryn Schymik: Kathryn Schymik from the office of the County Attorney.

Commissioner Nix: Bill Nix, County Commissioner.

President Korb: Jeff Korb, County Commissioner.

Commissioner Tornatta: Troy Tornatta, County Commissioner.

Madelyn Grayson: Madelyn Grayson, Recording Secretary.

Bill Fluty: Bill Fluty, County Auditor.

President Korb: If you would, please, join me in the Pledge of Allegiance.

(The Pledge of Allegiance was given.)

President Korb: The first item of business is permission to open the RFP’s for the tax management system.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. Kathryn, if you would please, go ahead and start opening those. In Ted’s absence, make as much noise as you can.

President Korb: The next item is an action item, approval of ordinance CO.08-08-017, approved by the Vanderburgh County Council on 8/6/08 regarding $3.13 million dollars of bond refinancing. I need a....I’m sorry?

Commissioner Tornatta: Real quick, 3.135 million.

President Korb: Oh, I’m sorry, 3.135 million. My contacts are not working. Move the approval of an ordinance adopted by the Vanderburgh County Council on August 6, 2008, authorizing the issuance and sale of no more than $3,135,000 Economic Development Revenue Refunding Bonds Series 2008 for the Catholic Diocese of Evansville, Indiana Project of Vanderburgh County, Indiana, for the purpose of funding a loan to the Catholic Diocese of Evansville, Indiana to refinance an economic development facility and currently refund outstanding economic development revenue bonds providing for the pledge of revenues for the payment of such bonds, authorizing the execution of a bond purchase and loan agreement, and a project note appropriate for the protection and disposition of such revenues, and to further secure such bonds, and authorizing other actions in connections with the issuance of such bonds. I need a motion and a second please.

Commissioner Tornatta: So moved.

Commissioner Nix: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. I need a roll call vote please. Commissioner Nix?

Commissioner Nix: Yes.

President Korb: Commissioner Tornatta?

Commissioner Tornatta: Yes.

President Korb: Commissioner Korb votes yes. We need to take a brief recess, ladies and gentlemen. We have to sign these documents and they have got to be sent out Fed Ex tonight at 5:30. So, if you’ll just hang with us for a few minutes, we’ll do this.

(The meeting was recessed at 5:04 p.m.)

(The meeting was reconvened at 5:09 p.m.)

President Korb: We will go ahead, thank you, ladies and gentlemen, first of all for your patience. We’re going to go ahead and resume. Kathryn Schymik will now read the bids that she has opened, please.

Kathryn Schymik: We received the following proposals for the new tax management system. Government Utilties Technologies Service, otherwise known as GUTS, decided to submit no bid. Hamer Enterprises also submitted no bid. Low Associates, Inc., submitted a bid in the amount of $552,810. Manatron submitted a bid in the amount of $370,580. Nikish submitted a bid of $1,090,400, and we received no response from Tyler Technologies, Inc.

Commissioner Nix: Move we take the bids under advisement.

Commissioner Tornatta: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. We’ll take that under advisement. Thank you, Kathryn.

Commissioner Nix: Debbie, did you have a comment on that at all? I’m sorry. Getting ahead of ourselves here a little bit.

Debbie Spalding: I was just going to let the public know that this is not just a bid situation. It is a request for proposals. So, the evaluation team will be looking and seeing demonstrations from the vendors and determining who’s the best for the county, on more than just price.

President Korb: Thanks for that.

Debbie Spalding: Thanks.

President Korb: The next item on our agenda is contracts, agreements and leases. The first one is for the Commissioners, the Xerox lease agreement. The new lease agreement for the copier in the Auditor’s office, for a term of 60 months at $713.74 per month. This would take the place of the current lease with 39 months remaining, which is a total of $952.81 a month.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none. All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. The next item is the Commissioners, agreement for the Norfolk Southern Railroad Company, agreement relative to culvert and drainage work being done, partly on the railroad’s property in connection with Cross Pointe Boulevard.

Commissioner Nix: I would like to thank John Stoll for his work on this. It’s been kind of a lengthy process, but move approval.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. The third item is for the Sheriff of Vanderburgh County for an American Portable Medical Services, Inc., diagnostic service agreement. This agreement is for the furnishing of diagnostic services to inmates of the Vanderburgh County detention center.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. The next item is for the Sheriff also, it’s an agreement with the State Court Administration of the Indiana Supreme Court. It’s a memorandum of agreement to be effective from August 5^th of ‘08, relative to the administration of a grant for development and deployment of an electronic citation and warning system. Layman’s terms that e-ticket. So, you get a ticket, they’re going to do it right there on the spot for you. Need a motion.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. The next item is a software license agreement to be effective as of 8/5/08 relative to the obligations of the Sheriff and the division regarding the implementation of the system that we just spoke about.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes. The final item is data exchange agreement to be effective August the 5^th of ‘08, relative to the terms of the data exchange between the Sheriff’s office and the division. I need a motion.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

President Korb: The next item on the agenda is department head reports. John Stoll, are you here? There he is.

John Stoll: The first item I have is a notice of intent letter that has to be filed with IDEM in regard to the Green River Road project. This is just the notice of intent to disturb the land out there in conjunction with the construction. I need your signature on that.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: The second item I have is, I have all, several of the Mylar cover sheets for the Green River Road project plans. This covers the sanitary sewer plans, the traffic signal plans, the environmental mitigation plans, a portion of the road plans, and the bridge plans. I just need the Commissioners signatures on all those Mylars.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: Next, I request approval to award contract number VC08-08-01, concrete repair of the roads in Ensle Place Subdivision to JBI Construction. This is for the amount of $280,595. They were the low bidder on the project.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: Then, next, I have an administrative settlement letter for one of the right-of-way parcels on University Parkway. This is parcel nine owned by Fred Bumb. This administrative settlement increases the purchase amount from $101,000 to $120,000, and I would request approval of that increase.

Commissioner Tornatta: Motion to approve.

Commissioner Nix: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: The last item I have is an incentive bonus letter for the Oak Hill Road-Bergdolt Road intersection project. This is a letter that the county needs to submit to INDOT stating that the county would fund the $1,000 per calendar day incentive bonus for early completion. I should say early re-opening of the Oak Hill-Bergdolt intersection. The contractor has proposed a three month closure, and the county has agreed to provide a $1,000 per day incentive bonus, a maximum of $30,000 to try and get the intersection re-opened early.

Commissioner Nix: And, just to make that clear, the intersection would re-open, but there would still be work to do, or there’s still going to be a chance that there would be work to do, (Inaudible) surface, striping, and that type of thing.

John Stoll: Correct. They would still have their final work, final finish work, and then potentially any punch list work that was identified by the project engineer.

Commissioner Tornatta: I did talk to some people out in that area, and they are all for getting it done as quick as possible.

President Korb: Good.

Commissioner Tornatta: Even though the road might be closed and there will be inconvenience, they are for getting that road done as quick as possible.

President Korb: Great.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

John Stoll: That’s all I have.

President Korb: Thanks, John. Appreciate it. Any other department heads out there? Seeing none.

President Korb: We move on to new business, with the Evansville Fire Department and the Evansville Police Department making a request for the use of the basement of the Old Courthouse for preparation of Guns and Hoses fund raiser.

Dave Rector: Good afternoon, Commissioners, Dave Rector, Building Authority. Excuse me. A couple, two, three weeks ago, Sargent Bolin had called and asked if they could use space in the old jail for their practice and training sessions for their Guns and Hoses event they have. We had talked previously that we thought we were going to be able to allow them to do that, but with the pending demolition of that space, that’s not going to be possible. Since then, we’ve identified space possible in the basement of the Old Courthouse, and we have representatives from EPD and EFD to address that before you tonight and for your consideration.

Bill Bolin: Thank you all. What we’re doing, last year we had a fund raiser called Guns and Hoses, where we had policemen boxing firemen. It went over really well. We sold out. This year we’re going to move it to Roberts Stadium in March. We’re just looking for someplace to where the police officers and the firemen, Sheriff’s deputies, anybody that’s going to participate in it can go and train, where it’s not going to cost them anything to do it, since they’re doing this to raise money. So, that’s what we’re hoping we can do.

Commissioner Nix: Can you tell me who won?

Bill Bolin: Last year the police won by one match.

Commissioner Nix: Who’s favored this year?

Bill Bolin: The police, of course. He might have a different opinion.

Commissioner Nix: We had a meeting yesterday, the Old Courthouse Foundation, and the board was in favor of it, but I told them we would need to come to this board for a blessing there, so.

President Korb: Absolutely. I think it’s a great cause.

Commissioner Nix: It’s a good cause, yeah.

Commissioner Tornatta: What’s your charity?

Bill Bolin: Last year, we have an officer who has a daughter who has a disease called Prater Willie Syndrome. We just sent a $5,000 check off to them. It’s also going to provide for the maintenance of the Kids Kingdom playground downtown. And, we think, in the future, we’re going to make enough money that we’ve formed a six member board, where we’re going to have three firemen, three policemen, and hopefully we’ll affect several other charities throughout the community here.

Paul Kirby: We would like to focus on children too, in everything we do.

Commissioner Nix: A plug for the function, the dates again?

Bill Bolin: It’s going to be March 7, 2009.

Commissioner Nix: At Roberts Stadium?

Bill Bolin: At Roberts Stadium.

Commissioner Nix: Just one day?

Bill Bolin: Yes.

Madelyn Grayson: Can you gentlemen identify yourselves for the record, so when we’re transcribing this I’ll get you correctly.

Paul Kirby: Paul Kirby.

Mike Dorn: Mike Dorn.

Bill Bolin: And Bill Bolin.

President Korb: Great, and the understanding is that you’ll use the space at no charge, is that correct? Have you got the key situation worked out with–

Bill Bolin: We’re going to speak with Dave after we get approval for it, but that is the understanding yes.

Commissioner Nix: One thing, I did mention to Ted the other day, and I would like to maybe see if Kathryn can follow up with this, we need some kind of release.

Bill Bolin: Okay.

Paul Kirby: Of course.

Commissioner Nix: Real simple verbiage. Just something that covers everybody. If we could, I would like to make a motion contingent on the signature of that–

Bill Bolin: Okay.

Commissioner Nix: –by both parties.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. Good luck, fellas.

Commissioner Nix: Thanks.

Bill Bolin: Thank you all.

President Korb: Oh, you’re welcome. Happy to do it.

Commissioner Nix: Appreciate your work.

President Korb: Any old business to come before the Commissioners this evening?

Dave Reis: Hi, Dave Reis. Last time, at the meeting, you said you’d have some kind of finality done with regarding the road and property down on Old Henderson Road that the county controls. Wondering what you came up with?

Commissioner Tornatta: Go ahead.

Kathryn Schymik: That’s an issue that we’re still looking into. We have been working with various county departments, and, obviously, looking into some of the title issues and property line issues in that area, but it’s still an on-going investigation as to how all that’s going to kind of shake out and be resolved. I think Ted Ziemer sent you an e-mail, possibly, to that effect before he left town, indicating that there was not a resolution that we would be able to provide you with at tonight’s meeting, but we will continue to work towards one.

Dave Reis: Okay, then, I would like to, oh, go ahead.

Commissioner Tornatta: David, I’ve also called up to the state, and I’m waiting to get word from FEMA, or the Indiana side of FEMA, to find out some clarification on the agreement and to get that agreement into our legal hands. So, we’re kind of a train in motion at a stop right now.

Dave Reis: Okay, the only thing, other thing I can ask is if the county is going to cut it? Could they, we’re having trouble. It’s been five weeks now since it’s been cut. I don’t mind cutting it, if you give me permission one time to cut it. Or, you can have a county crew come down for half a day and they can cut it. It don’t matter to me. Whatever you all decide.

Commissioner Tornatta: Okay. We’ll take care of that.

Dave Reis: Okay, thank you.

Commissioner Tornatta: Okay?

President Korb: Great. Thank you.

Dave Reis: Okay.

President Korb: We’re going to go ahead and skip over item nine of public comment, and finish up with consent items, then circle back around to public comment. Because, I’ve got a feeling that might take a while. So, let’s go ahead, gentlemen, and approve our consent items, if you would please.

Commissioner Nix: Move approval.

Commissioner Tornatta: Second.

President Korb: Discussion? Hearing none, all those in favor say aye.

All Commissioners: Aye.

President Korb: Opposed same sign. The motion passes.

President Korb: Public comment? Mr. Butterfield? Yeah, yeah, yeah, real quickly, I mean, let’s call this what it is. Most everyone is here, I’m assuming for Right to Life and/or Planned Parenthood, or whatever side of this issue you want to take. As a result of that, we’re fine with that, just kind of give us an idea of approximately how many people want to speak tonight. Because, if it’s like everybody that raises their hands, we may have to do a time limit. But, if not, then, okay. Okay, my desire is to go ahead and just open it up. Since there was some discussion about the lack of discussion at our last meeting. So, we want to be sure that everybody gets to talk this time. So, let’s go ahead and whoever would like to come up first.

Commissioner Tornatta: If we, do we have some type of timing? I mean, we need to be consistent. Like, three minutes? Is that, can you–

President Korb: Let’s just see how we do.

Commissioner Tornatta: Okay.

Lois Marie Akers: I would like to thank you all for taking responsibility for the safety of the citizens. You’ve done a good job.

President Korb: Yeah, one more rule. Everybody needs to state their name.

Lois Marie Akers: My name is Lois Marie Akers.

President Korb: Okay.

Lois Marie Akers: I live at 2700 Melrose.

President Korb: Okay, otherwise, you drive Madelyn crazy, by her not knowing what’s going on.

Lois Marie Akers: I understand. Thank you, Madelyn.

President Korb: Yes, come on. Hi, Roberta.

Robert Heiman: Gentlemen, thank you for hearing my remarks. I’m Robert Heiman, Vice President of the League of Women Voters of Southwestern Indiana. The board of the league wants to express concern that there appears to have been an obvious attempt by this government body to enact an ordinance without the public knowing that it was even being considered. We consider that an egregious offense and a front to the citizens who elected you in good faith to carry on in an open and honest way. We think that this was a blatant violation of the intent of Indiana’s Sunshine Law for an open and honest government. We were shocked by it. We hope we cannot expect you now to try to keep quiet every potentially controversial thing that you deal with. I guess, our hope is that you would void this ordinance and start over again, in the manner that the law calls for you to act. Now, speaking personally, for me and not for the league, in this community we have become so polarized, so polarized over this issue of abortion, this argument over pro-life and pro-choice, that our public officials want to avoid any discussion on it for fear that, as one told me, one put it, it will bring out all the crazies and we’ll have to deal with them. But, while trying to avoid the crazies, we do things we wouldn’t normally do, such as try to sneak in an ordinance. In the meantime, we keep our heads buried, or there’s some bigger, underlying problems in this community, such as our high rate of unintended pregnancies, our high rate of teen pregnancies, the large percentage of our children who are growing up in poverty, and our tragically high rate of child abuse and neglect in Vanderburgh County. Hardly a week goes by that we don’t have a front page story of more child abuse and more neglect. Now, I’m not inferring that sexual activity is the only cause of these problems, but it’s unprotected sexual activity is one of the causes, and we have our heads buried in the sand in this community of trying to address that thing. I would hope that this opportunity, this raises an opportunity for us, for people on both sides of this abortion issue to come together and seek solutions to our problems. Thank you. I have, I have given the Commissioners secretary–

Commissioner Tornatta: We have it.

Roberta Heiman: –a letter from the board.

President Korb: Can I ask a question, Roberta?

Robert Heiman: Sure.

President Korb: Typically, when, and I think, you may or may not agree, I’m just asking, and this is nothing political, when you say the words, when I hear the words pro-life or pro-choice, it’s just like an incendiary bomb waiting to go off. Do you think there’s room for, as you just asked, for both sides to come together to address other issues that are important to our community?

Roberta Heiman: I would hope so. I think we have no legitimate excuse to not do that. We are doing a disservice to our children if we don’t.

President Korb: How do you see that happening?

Roberta Heiman: Well, I wish I were wise enough. You know, I’m not that smart, Jeff. I just would hope that we would accept this challenge, this responsibility that we do it.

President Korb: And, I don’t have a problem with that, and, again, I’m not trying to be a smart aleck at all, but I think that if we’re able to figure out ways to get together and do that, first of all, I think it would be an historic moment, if you had pro-life and pro-choice in the same room, pulling in the same direction, which I think would be beneficial for this community. Again, anybody sitting here in this audience, and I know Roberta so I’m putting her on the spot a little bit, any suggestions on how to do that, that would be very helpful to us as Commissioners, and we would be happy to facilitate that.

Roberta Heiman: Other communities have, other communities have formed commissions on children and women.

President Korb: Right.

Roberta Heiman: I don’t know, we have two universities, maybe Evansville can start acting like a university town and get the expertise of our two universities to help bring something like that about. I don’t know.

President Korb: Just give that some thought, and get back with us, if you don’t mind.

Roberta Heiman: Sure, thank you for hearing me.

President Korb: Great. Thank you. No problem.

Helen Templeton: My name is Helen Templeton, 208 South Taft Avenue, the city. I represent no agency. I represent myself, but I think there will be others who agree with my comments. Mine is a purely emotional response. It’s about justice for women. I believe that a grave injustice has been done to women in this county. Three men on this council have acted like we are back in the 18^th century when women were still property. You seem to believe that women are not smart enough to make wise decisions for themselves, about themselves. This ordinance, that doesn’t mention abortion, is all about abortion. I think that you three need to rescind this ordinance and give women the right to think, decide and act for themselves, and not put roadblocks in their way. Patriarchy is no longer in vogue.

President Korb: Thanks, Helen.

Linda Redman: Hello, my name is Linda Redman, at 3308 Tremont. Years ago, back in the 70's, I was having female trouble, and I went and got an IUD by a doctor that was in the clinic, two weeks later I was in the hospital. I had no health insurance, and I ended up having to have a hysterectomy because of what he put in me, he did not put it in there correct. Dr. Welborn told me that. Thank you.

President Korb: Thanks, Linda.

Dick Connolly: Yeah, my name is Dick Connolly. I live at 2415 Bayard Park Drive in Evansville. I would, I suppose I would like to reiterate some of the (Inaudible) points that Roberta made about the manner in which this was passed. It concerns me in a number of other respects as well. In particular that the Commissioners, if you want to talk about this issue and get people on the different sides of this complicated question down, sitting at the table and talking to one another. I assure you, one way not to get that going is to pass an ordinance in the manner in which this was passed at the last meeting. As far as the issue more specifically, it’s an unnecessary ordinance. There are no abortion clinics in Vanderburgh County. There are no abortion clinics south of Bloomington. So, it’s an effort to fix a problem, I’m not sure it’s a problem, but to fix a problem that doesn’t even exist. It’s unnecessary in that sense, even if the grounds upon which it were based were valid. Abortion is legal in the State of Indiana. It is also safe. It is as safe as many other procedures that might well be carried out in a clinic or in a doctor’s office. In some cases even lower. It seems to me that this is not an issue that should be a pressing concern at this point. It isn’t really, it seems to me that this issue is not about patient safety. There are no patients at risk in this connection. There are no abortion clinics south of Bloomington. So, there’s no problem that needs to be addressed. If the situation arises where some problem in this regard should be addressed, then it should be addressed openly and publicly and not carried out in the manner in which it was. I watched the proceeding, and, believe me, I would have had, and I’m pretty sensitive to this kind of question, I’m a member of Planned Parenthood, I would have had no clue what you were voting on. I think that’s a disservice to the people of Indiana, or Evansville. I would suggest that you reconsider, rescind this ordinance, and, if, at some future date there is a reason to discuss this type of question, that it be done in an open way, and that it also include, not only procedures with respect to reproductive choice, but that it also procedures with respect to any medical procedure that carries a comparable risk. Thank you.

President Korb: Anyone else? Sure, you can go ahead and stand up here in line if you want to. No, you’re fine. You go ahead, there’s just someone behind you.

Diane Collins: My name is Diane Collins, 620 South Lodge Avenue in the city. I wanted to take this opportunity to thank the board for what they, for their efforts, and to comment that I can’t think of anything more logical than requiring a physician who is performing an invasive medical procedure to have admitting privileges at a local hospital to protect the person on whom the procedure is being done. Thank you for your efforts on behalf of women.

(Applause).

Andrew Mickins: My name is Andrew Mickins. I represent, tonight at the meeting, the Vanderburgh County Young Democrats. I’m not speaking for them though. In my personal opinion, it probably wouldn’t have mattered if you had put the word abortion in the ordinance, but for the sake of openness, I wish that the Commissioners had. So, that way we wouldn’t have these discussions now, and those who were paying attention would have come and spoke with you that evening about the ordinance. I worry that not putting that in the ordinance, in the title of the ordinance sets a bad example for people that will succeed you. Because there may not, there may be some that will come after you that will not have your intentions that will use that to try and, you know, slide in other ordinances past the people of Vanderburgh County. I just encourage you, seeing that you have done a great job, up to this point, to continue a sense of openness for the people of Vanderburgh County, so that way we know what is going on. We do care about what is done in this chamber, but we would definitely like to have some notice that you are doing it.

President Korb: Thanks, Andrew.

Mary Blanc: Commissioners, I’m Mary Blanc at 4001 Bellemeade Avenue. I also would like to thank you for what you passed and for getting this skunk out on the table. Even though people are taking issue with the way, the manner in which it was passed, it is now generating respectful conversation today on this vital issue. I do know that, you know, we’ve asked our government to be proactive, which you are. You can see that if the day would come, we should have ordinances in place addressing problems that other areas suffer from now because they were not proactive in their leadership on issues of health that involve government funding and government oversight. So, yes, this is a very dangerous world when covert bureaucratic means are used to cloak truth and sneak things through. We have a very dangerous international stage, because this type of effort has been used to try to slip abortion into United Nations language and move it into countries that do not have our political attitudes towards this procedure. So, I’m grateful to hear those members of Planned Parenthood, you know, decry this bureaucratic means of slipping things through, because this is not just going to affect the way things are done after these meetings, this is also a reflection of how things have been done in other areas before these meetings. So, yes, we have, other areas have commissions on children and women’s health, but I hear a missing link, because I know of no children that just came of a woman, but one. So, we need to open up our discussions, and we need to open up our minds, once again, and re-visit a lot of decisions that were made, many of us who have been involved in these issues have made up our minds back in the 60's and 70's, in our youth, and a lot has been tried, and a lot has been learned, and a lot has been tested, and a lot has been vetted, and I don’t see that we have really course corrected on a lot of unsubstantiated assumptions. Anyone who would read that decision that was made back in 1973 would know, based on the opinion, that it was written that since there is no way to know when life begins, and since there’s debate on this issue, we’ll say it begins at birth. Well, that’s ignorance, to say that because we don’t know, we’ll say it’s here. We do know when life begins, it begins at conception, but we have a tradition in this country, starting with our Declaration of Independence, that we need to again re-visit, because we are not strictly independent beings. We need to advance our understandings and arrive at better declarations of interdependence, because anyone in government knows that this is a very interdependent world. All life is received, all authority is received, none of us are self made, we all are here because of what we were given and continue to receive to sustain our life. So, an awful lot of the short sighted assumptions that went into the laws that we labor under now, probably should be re-evaluated. I thank you for your little object lesson in this important topic. Thank you.

President Korb: Thanks, Mary.

(Applause).

Phil Hoy: Good evening. I’m Phil Hoy. I live at 217 Cherry Street. I’m not representing my congregation, because my congregation is in the State of Kentucky. I’m representing myself. The first thing I want to say to you all is that I’m here to remind you that you have lots of constituents, and I am one of them, and I’ve made this very clear, I’ve never hidden this, who believe in a woman’s right to choose. There are a lot of us in this county. But, the second thing I want to say to you is I know all three of you, I’ve worked with all three of you, and the only word I can use is disappointment. You’re having a wonderful, calm discussion here today, which you could have had previously had this been announced. You have spoken about having transparency in government, and you have violated that. I’m really, really disappointed that you’ve done that. I have enormous respect for all three of you, both parties, and you all know that, but I’m really disappointed in how this was handled, among other things. You say you’re concerned about the safety of women, there’s a whole list of procedures that you could have included; oral surgery, biopsies, or since you’re all men, how about a vasectomy. Maybe that needs supervision also. I think that’s something that bothers me about the decision that we have three men, and your lawyer I noticed is not here tonight, but he was very active in this, who want to decide what kind of procedures women should follow. This ordinance also smacks of bigger government that’s unnecessary at this time. There’s a medical licensing board, there’s a complaint process, the state has adequate procedures set up for the safety of women who go through this procedure, who, by the way, as it’s been mentioned already, are not going through this procedure in a clinic in Evansville, Indiana. But, I want to tell you, I’m an ordained minister, and I can tell you I’ve counseled people for 50 years, and there’s one hospital in this town that will do an abortion and it’s called a D&C. I know people, I can’t tell you who, because I’m sworn to confidence, and that’s a vow I’ve taken. But, they do use that hospital. Those things do happen in this county, and prior to Roe v. Wade there were abortions in this county, because the people who had money knew where to get them safely, and the people who did not know where to get them, were damaged, because they were not given them safely. There’s a lot of disagreement on this issue. There are five counties in Indiana where you can obtain an abortion, this is not one of them. I know that those who claim to be right to life, but aren’t against the war, I always find that curious, I just had to throw that in there, but those who are in the Right to Life camp will consider this a victory. It is really a hollow victory, since there is not a clinic here. In some measure, in addition to being disappointed, I think you all have been used, and I’m really sorry about that, because I think you’re good people, and I think you made a mistake. Thank you very much.

President Korb: Thanks, Phil. Anyone else?

Eric Cake: Hello, my name is Eric Cake, 7812 Greenbriar Drive. I’m not here to speak for or against this passing or not. I’m just here to say that the way it was done a lot of people don’t agree with. There’s a lot of people that are being turned off by government when stuff like this gets run down people’s throats. It’s kind of the baseball stadium. People appreciate if we could have had this discussion before. That’s all I have to say. Thank you.

President Korb: Thanks, Eric. Anyone else?

Chrystal Struben-Hall: Good evening. I really wanted to thank you for opening this up for public comment. My name is Chrystal Struben-Hall. I’m with Planned Parenthood of Indiana. So, I’m here tonight to make a statement on behalf of Planned Parenthood and the women of Indiana and the men of Indiana. Two weeks ago this Commission passed, without discussion, an ordinance that would limit women’s access to health care, and would take away from their ability to make decisions about their own health care and family planning. The supporters who encouraged you to push this ordinance through, without public input, claim they did so because it addresses a patient safety need. That is simply untrue. Abortion is a safe and legal procedure, you’ve heard that several times this evening. The complication rate for abortion is less than half of a percent. The state already has several mechanisms in place to oversee doctors in the State of Indiana. There are additional licensing procedures for abortion, and a review process by the State of Indiana, and a complaint process. Planned Parenthood of Indiana does put patient care at top priority and safety at top priority. For us, I can speak for us in terms that we make ourselves available to patients, after they’ve had a procedure, we’re able to refer them where they need to go and we also follow up with them to ensure that they received quality care. Again, abortion has a complication rate of less than half of a percent. It’s frustrating to hear supporters of this ordinance to play the “patient care” card, knowing what I’ve detailed for you already here. It would be better served if we could all come together and really get to the root of the problem which is preventing unintended pregnancy. Planned Parenthood does have several coalitions that folks could join and look at better sex education in schools, look at increasing access to care by talking with the legislature about those types of issues. So, we’re about reducing unintended pregnancy. We want to promote comprehensive sex education, and we do call for folks to join us in that effort. So, on behalf of Planned Parenthood of Indiana, I hope you will seriously consider striking down this ordinance. It is unnecessary. It limits women’s access to care. It is a concern for Hoosier women across the state. So, I want to thank you.

President Korb: Thanks, Chrystal, for coming. Did you come all the way down from Indianapolis?

Chrystal Struben-Hall: We did. I did.

President Korb: Did you enjoy the drive down–

Chrystal Struben-Hall: I did.

President Korb: –41?

Chrystal Struben-Hall: I love driving through the State of Indiana.

President Korb: Yeah, well, welcome. Thank you. Anyone else? Yeah, folks, please, this is why we’re here. I mean, we’re not going to hide that for any way, shape or form. So, if you’ve got something you want to get off your chest, now is the perfect time to do it.

Mary Ellen Van Dyke: My name is Mary Ellen Van Dyke. I live at 3814 Farrington Drive. I represent Vanderburgh County Right to Life. I’m the Executive Director. I applaud the Commissioners for passing this ordinance that in protecting women’s health, that is what this is about. This is a non-partisan issue. We just heard from Planned Parenthood that only one half percent of all abortions result in complications. Since Roe v. Wade in 1973 there have been 52 million abortions, that is a result of 260,000 complications. So, I think that there is a need to protect women, and that is what this ordinance is about. We thank you for being proactive. Eleven other states surrounding Indiana have passed a law, and we think that Vanderburgh County has been proactive in passing this ordinance, because this was a bill that was proposed in the Indiana Senate, it passed 39-9. Vaneta Becker voted yes. Robert Deig voted yes. It was a non-partisan bill. It was sent to the House and it died in the committee. So, we applaud you for being proactive, and thinking of women’s health and protecting all women. Vanderburgh County Right to Life protects human life through education, services and advocacy. We, today, are working to protect the lives of women who have, may have complications from abortion procedures. In the past, Planned Parenthood has indicated a need for an abortion clinic in the Evansville area, and we wanted to be proactive in making sure that all requirements are in place if this would ever happen. I represent over 20,000 pro-life supporters, and, again, I applaud the Commissioners for passing the ordinance. Thank you.

(Applause).

President Korb: Thanks, Mary Ellen. Anyone else? Are you sure? I don’t want to read about this in the paper tomorrow morning, that we didn’t give anybody time to get up here and speak. Last chance. Yes, Ma’am.

Mona Wooten: My name is Dr. Mona Wooten. I’m a retired family physician. My point, I understand your ordinance. The thing I want to point out is that there is other abortion clinics, okay, besides Planned Parenthood. During my practice, I know they were not done in Indiana, but they were done in other places. I had lots of complications. I did not appreciate having patients come in to me, and suddenly inform me, I’m finding that there’s a problem, unrelated to me, and I am dealing with a significant, serious illness that may have to go on to a referral, to an OB/GYN specialist. Again, I want to stress, there are other abortion clinics besides Planned Parenthood, which may have, you know, good follow up, but I was very concerned because I got tired of having patients come in, they have nobody to call, they were “referred” back to their family physician, which is fine, but inappropriate if I do not have follow up. In other words, if I don’t have any information on that patient, they come in and they are very sick, running fever, and maybe they’re lying to me because they don’t want to tell me what they did, you know, which some patients will do. That complication is my responsibility. It’s my liability. And, as somebody who has to carry malpractice, I think a lot of physicians are very uncomfortable with this. Just an opinion is all I’m trying to explain to you, that we then take on the responsibility, because this patient comes to us, they are our patients, it is our responsibility to treat them, no matter where they have been treated. I don’t care if they are treated in Florida, I don’t care if they are treated in Kentucky, Atlanta, or wherever. They are our responsibility. Therefore, we take them back and we have to take care of them. Again, it’s a large responsibility when we did not do a procedure, that we personally may not recommend, or have no feeling either way on, and then, suddenly, that patient becomes very ill. So, just a comment is all I want to say, that the ordinance makes sense. I do agree that there are medical licensing boards that can take care of this. But, I do want to stress there are other, you know, clinics that do perform abortions, and, if that’s there, we do need to make sure that there is some guidelines for these people, because we, the physicians who care for these people, are the ones obligated to take care of them afterwards, is my only point. Thank you.

(Applause).

President Korb: Great. Thanks, Dr. Wooten. Anyone else? Come on.

Brenda Bergurtz: My name is Brenda Bergurtz. I live at 3646 Orchard Road, in the county. I also want to applaud each and every one of you for the ordinance that you’ve brought about. I think it’s something that needed to be done. I mean, our country, we can be pro-choice or pro-life, whatever, but, again, I applaud you all for what you’ve done. God bless you.

(Applause).

President Korb: Thanks, Brenda. While others of you might be screwing up the courage to come up here, I don’t know who has not read the ordinance. Who has not physically seen a copy of that? Has everybody read it? I’m going to doubt, no. Back in the back, we’ve printed off some ordinances for people to have, and they are up here on this small desk. We’ll have a brief recess when this meeting is adjourned, and we’re not quite there yet, so, but it is there for you to take and to read. We feel that’s important. Just so you know, from a procedural standpoint, everything we discuss as County Commissioners is always made available to the media prior to our meetings. Those, this information on this particular ordinance was on file, just like any other ordinance. So, just, and I appreciate, the real reason why we’re here is, because some folks thought that the way that this was handled was not appropriate. I’m not going to totally disagree with that, but I will tell you that the intent of that was not because we were afraid to run and duck and cover. I mean, Troy and I are constantly poking each other in the eye with a stick, and we’re going to learn one of these days how not to do that, but, for the most part, we, together and with Commissioner Nix, we have the best interest of the county at heart. That’s really where we were with that. So, what I would like to do is, if the Commissioners have anything they want to add, they are welcome to do that, now is the perfect time, because, again, and I’ll be honest with you, I’m not thinking that if we would have done this this way from the get go, we would have had this much civility. Because we’ve had a lot of civility in this room tonight, and that’s how things get done in our community, which I really respect, number one, and, two, appreciate. So, anyway, anybody else in the audience? Please understand, that’s, we’re, this, we’ve not done this very much. So, no? Yes, Ma’am?

Cheryl Byrnes: You made me get up, Jeff.

President Korb: I’m not back there twisting your arm.

Cheryl Byrnes: No, you’re up there doing it. My name is Cheryl Byrnes, 4419 Crestview. I had no intentions of getting up here tonight. I just came to listen, because I have a real issue, not with what the ordinance is, that’s personal. I’m not going to get into the pros and cons. I’m not going to get into the wording of the ordinance. I’m getting into the procedure it came about. I have worked with all of you at some point or another on various projects. I live in the county. My County Commissioner is sitting up here. What I do take issue with is, yes, you have Right to Life and you’ve got Planned Parenthood, you’ve got both out here, and you said that I’m not sure had we done this, this way, it would have been this civil. I disagree. I’m sure most everybody out here will disagree. It will be civil. The point of the matter is, you never gave us the opportunity to do that, and that’s what most of us sitting out here that haven’t spoken are concerned about. This is 2008, it’s an election year. We’re having our elected officials, two of which won’t be here, if I can help it, two of them won’t be here come January 1. I do a lot of volunteer work, and I spend a lot of money with my party, but this is bipartisan. This is our government at work. This is our county government at work. I’m sad that Ted’s not here to hear all of this. I’m sure he’ll watch a tape, like I do. I tape every meeting, or I watch it. I’m disappointed. I’m with Reverend Hoy, I’m very disappointed in my government right now. I’m disappointed in the federal, and now I’m disappointed in the local. All I’m asking is from now on, when you’re out there on the stump, or whether you’re sitting behind this desk fulfilling your obligation that we put you there and we pay you to do, that you do it in an open forum. Thank you.

President Korb: Cheryl? Cheryl, come back. Those are great remarks.

Cheryl Byrnes: Thank you.

President Korb: I think that–

Cheryl Byrnes: And, it’s off the cuff. I’m sorry, Jeff.

President Korb: No, I’m impressed. You should run for office.

Cheryl Byrnes: Well, I hope people get in office.

President Korb: Well, and that’s really the whole purpose of this.

Cheryl Byrnes: Exactly.

President Korb: Because we’ve heard both pro and con, and, but the biggest complaint we’ve heard was it just smacked of shadiness.

Cheryl Byrnes: Yes.

President Korb: I mean, that’s the bottom line.

Cheryl Byrnes: Yes, that is the bottom line.

President Korb: Let’s call this what it is. So, that’s why we’ve opened this up as much as we can. But, again, I go back to everything we did–

Cheryl Byrnes: I am so disappointed that it wasn’t from the get go.

President Korb: And, my promise to you–

Commissioner Tornatta: Let me just–

President Korb: –is it won’t be, from now on. Go ahead.

Commissioner Tornatta: Not altogether true. We’ve said that this has all been hidden. Not altogether true.

Cheryl Byrnes: I’m sure–

Commissioner Tornatta: This document started, seven pages. The document ended, two pages.

Cheryl Byrnes: Uh-huh.

Commissioner Tornatta: There has been hospital involvement. There’s been outside involvement. They’ve been dealing with the attorneys. I’ve been dealing with the attorneys.

Cheryl Byrnes: I’m sure.

Commissioner Tornatta: They’ve been dealing with the attorneys. There have been more, there’s been a meeting with the attorneys and we weren’t even present , of outside individuals. So, I mean, I really want to say that there’s not, there’s a bunch of people that knew that this was coming on, and it wasn’t, that wasn’t the case. I mean, there’s been e-mails sent out to let people know that this is out there. If some people didn’t get that information, I mean, it’s like some people didn’t get information on a bridge project, or a road project–

Cheryl Byrnes: Uh-huh.

Commissioner Tornatta: –and I don’t think that you new exactly who we were going to hire to do consulting work on the Green River Road project. So, all I’ll say is, is, you know, I’ll listen to that for a moment, and you know me–

Cheryl Byrnes: Yes, I do.

Commissioner Tornatta: Seven pages.

Cheryl Byrnes: I know.

Commissioner Tornatta: Two pages.

Cheryl Byrnes: I’m sure you were very troubled by it.

Commissioner Tornatta: It’s not for lack of not getting the information out.

Cheryl Byrnes: Okay, I’m standing here in front of a camera, actually, there’s three in this room, but I’m standing in front of a camera, and I’m sure there’s a lot of constituents sitting out there right now of all three of you that are watching this on t.v., if not, they’ll catch it later, or another repeat. Every news media organization in the tri-state area is in this room, written and radio and video. If this had been more open, and a discussion, whether it was passed the first reading, or if it was passed, waived, the rules waived and it was passed with one, and you waive the second and the third reading, that would have been a little more tolerable. I understand that quotes very often, especially in print media, doesn’t get the full thing in there. I understand all that.

President Korb: You’re kidding. That’s a revelation to me, Cheryl.

Cheryl Byrnes: Most of us in here, believe it or not, believe most of the quotes that are in, I know they’re not. I understand that there’s a lot of discussion and a lot of work that’s done behind the scenes. Governments can’t get anything done, at all, without it. It’s just that simple. It’s too big. It’s too complicated, and I understand that there are telephone calls and e-mails. I’ve even been in on some of these projects with questions, okay? I’m sure of that, but this just really smacked of behind the scenes, let’s get it through, so we can protect something that really didn’t need protecting. I just wish that you would hold off and not pass it, or rescind it, and let the civil discourse that happened tonight, happen with the rest of the constituency in all three districts. That’s all I’m asking.

President Korb: Great. Thanks, Cheryl. Appreciate it.

Cheryl Byrnes: Thanks, Jeff.

President Korb: Your hair looks great too on camera, by the way.

Cheryl Byrnes: Oh, thanks.

President Korb: You’re welcome. Anyone else? Anyone else? Commissioners, do you wish to comment?

Commissioner Nix: It’s always easy to look in the rearview mirror and see what you’ve done wrong. Some things you’ve done right, and I do feel like we have, we made a mistake in the way we worded, the wording for the ordinance to come out. But, in hearing the discussion this evening, I want to thank everyone for showing up, I don’t know that I would feel any different after a hearing. I just feel like we’ve done our homework, Commissioner Tornatta alluded to the fact that this started out to be a seven page document. We cleaned it up to where it’s acceptable to my feelings, and the way I feel my constituents would feel about this, or the majority of them anyway. I just think that, like I say it went from seven pages to two. A lot of work went into it behind the scenes. The hospitals put their blessing on it. I don’t know that I would feel any different in two weeks or three weeks or a month. I really haven’t had a chance to talk to a lot of people. I know that in the next few days there’s going to be a lot, the media is going to be all over this as far as slamming us, but, you know, I feel like in passing this, I feel like we’ve done the right thing. I just, once again, apologize for the way we did it, but if you’ll look, over the past three years and seven months, we’ve passed a lot of ordinances on waiving a reading. This is the first one that’s ever come up that’s been controversial. Now, I don’t know, I don’t know where you people have been up to now, but, maybe start watching a little closer, I don’t know. But, a lot of those ordinances weren’t, you know, as sensitive as this ordinance is, or as we’ve found out. So, I’ll just leave it at that.

(Applause).

President Korb: Commissioner Tornatta?

Commissioner Tornatta: Kathryn, can you tell us, just give us a little background on, not only the Sunshine Law, but also tell us about why one would pass something on first and last reading?

Kathryn Schymik: Well, I heard the comments, and I understand that some people have concerns over the process that was used. However, according to Indiana Open Door Laws, the Commissioners are required to post an agenda prior to a meeting, they also send the copy of the agenda out to all of the media outlets, media packets are made available prior to the meeting that have the full text of every ordinance that is up for discussion and for a vote at that meeting, and also there’s a file in the Commissioners office, and every ordinance is available to anybody from the general public upon request. This is a procedure that’s been followed for years and years and years. It’s according to state law. After all the concern was raised, we took a closer look at the procedure that we did follow, we also contacted the Indiana Public Access Counsel, who works in Governor Daniels office, she confirmed that everything we did was according to the letter of the law. So, I think that Commissioner Tornatta’s point, to stress that the media always has, and will continue to have access to anything that’s on the agenda, as does the general public. So, you know, while the process may not suit the public, it does conform to the letter of the law and the statutes of Indiana.

Commissioner Tornatta: Thank you.

(Applause).

Commissioner Tornatta: I just have a brief comment, and then I’m going to reserve the rest of my comments for a written statement later on this week. There’s a majority position and a minority position. I fill the need in the minority position. And, there are certain things the majority has to do, and there are certain things a minority has to follow. When one is put in that place, then we have to make the best decision of what decision is left for us to make. So, I, at this point, have done my due diligence to bring this document from the seven pages, and work with the hospitals to make sure everyone is comfortable with the two page document. I, too, would not be in any position to rescind it.

(Applause).

President Korb: I’m not sure that if we rescinded this this evening, that the outcome would be any different after everything we’ve heard tonight. I am greatly encouraged by, and I mean this, I don’t disagree with Cheryl a lot, but I do just a little bit. I think that the tenor of this entire conversation has been as positive as I’ve ever seen it, because, again, whenever I say Right to Life or pro-choice, boy, you can see people’s hair on the back of their neck just start standing straight out. That’s not been the case tonight. When we passed this, it wasn’t done like the Colts were being shuffled out of Baltimore, under the dark of the night. We honestly, the three of us looked at this as something that was for the betterment, for the health of someone who’s had an abortion. I mean, I’m pro-life, but my wife and I have mentored tons of kids, and some of them have had abortions, some of them have been fathers of children that were along when they were having abortions, and, you know what, that’s a tough time. I think Dr. Wooten said it best, even though you’re going to a practitioner who you don’t even know, and there’s a great deal of anonymity involved, they’re still scared to tell her. This is what I’ve done. That’s not with everybody who’s had an abortion. For us, we were looking at, okay, what happens if someone does have an abortion and comes into our community. I mean, no disrespect, but sometimes to hear the comment of that we don’t have an abortion clinic here in Evansville, Indiana or Vanderburgh County, you can’t tell me that people from Vanderburgh County don’t go to Louisville, don’t go to other locations to have abortions, because they do. I know they do, because I’ve talked to those people, and they’re not constituents, they’re kids. They’re teenagers. It’s not my job to judge whether that decision was right or wrong for them. My job, as an adult it to love them and encourage them and come clean with the truth. Once that happens, then healing can begin, because the emotional scars are far greater than the physical scars. I appreciate, really the words that Dr. Hoy said tonight, you know, guys, I feel like you’ve been used. Well, at the time when we looked at this document, we didn’t feel that way, and I think from what we’ve heard tonight, we still don’t feel that way. It’s not an anti-abortion issue for us, it was a health issue in our community for us. That’s how we viewed it, and that’s why we honestly, because, I guess, maybe we’re guys, we didn’t think it was that big of a deal, and we just went ahead and voted on it. But, that’s why tonight was so important to take this at your pace, not our pace, because you all needed to have this time to have dialogue. Really and truly, I was open to saying, okay, if there’s a compelling argument that really has burned in my soul about this that changes my mind, then I’m happy to take a look at rescinding it, if we get to that point, but I didn’t get there tonight. I’m sorry, for those of you who are going to leave here thinking, oh, great, just another, no, it’s not just another meeting. This is a meeting where people have come and expressed their views in a heartfelt way, which, not as a politician, but as a member of this community, that’s what makes our community so positive. When Roberta was up here talking about, you know, we have other issues that we need to address, and I wasn’t trying to put her on the spot, then let’s address them. Let’s not let this cockroach run in the dark any longer. I don’t mean that abortion is a horrible, dirty word, because that’s why we have choice. We don’t have it in Vanderburgh County, but there’s still choice. Dr. Hoy’s shaking his head. So, after hearing what I’ve heard the other two Commissioners say, at this point in time, we are not willing to revisit the rescintion of this, and I, that’s where we are with it.

(Applause).

President Korb: Now, let me take it, let me take it one step further. I would have zero problem, and Dr. Hoy said this, and part of it was said facetiously, but part of it’s true. If we’re going to require someone who’s performing a medical procedure such as this, then there’s no reason why anyone else who is doing outpatient surgery shouldn’t be required to follow the same rules and the same regulations. Everyone is given the opportunity to have a licensing with the hospital. It doesn’t cost them anything. They’ve got to jump through some hoops, through some qualification hoops to do that. Whether it’s something at one of the surgicare centers, they’ve got to have a license. Here’s why that’s important to me, when something goes wrong in those operating rooms, they are off of a hospital campus, and I guarantee you they do, there has got to be some recourse to take their patient to that’s not afraid to say I’ve had an abortion, or I’ve had a botched vasectomy, or I’ve had this, or I’ve had that. So, that’s the one thing that I will say, that if there is a groundswell of support so this does not focus merely on an abortion issue, if I’m having a mole removed, if I’m having lasik surgery done, if I’m having whatever the case may be, and, you know, I don’t know what all that list is, but would be happy, and more than happy to entertain that. There would be some doctors that say, oh, great, now that’s one more thing that we’ve got to do. I’m sorry, we’re trying to hold you accountable in Vanderburgh County for your actions. We’re not trying to be jerks about it. We’re not trying to hide it under a bush, and you know what, again, I’ll raise my hand and say we could have done it better. There, for the media people, we could have done it better. But, we can’t, the tube is already out of the toothpaste, the way that it was done is done, it’s over, but that’s why we came together tonight, as a community. So, if there is, if there are people in this audience that think, hey, you know what, that’s right, we have to spread this around to everybody who does an outpatient procedure, I’m happy to look at that. Because I don’t want to have a spotlight shown on abortion. That’s enough of a polarizing common in and of itself. Someone’s had an abortion, gosh, I’m sorry, what can we do to help? What can we do to be supportive? What can we do to be encouraged? Because I can tell you that there are a lot of people, there are a lot of kids that don’t feel like they have any other options. I can tell you there are, because we were on a three year, my wife and I were on a three year waiting list with an adoption agency in Kansas City, Missouri. Three years. I’ve told every kid that gets pregnant, if you need help finding a home for that baby, it won’t take me 24 hours to do it. So, please, this was not us passing judgement on people that have abortions. This was not us discouraging people who needed to have an abortion. This was not us saying, okay, now we’re going to do this in the back door. This is about us saying it’s a patient safety issue, because what happens to us afterwards, and I really think the most compelling comments tonight were Dr. Wooten’s. They were right on target. That’s what we were thinking as Commissioners. Could it have been handled differently? Yeah. Okay? But, at the same time, it’s also important to understand, the media had this information for nine days. They had it available to them for nine days. They chose not to do anything with it, which I find curious in and of itself. So, on the one hand, give us all the flak you want. We’re giving you the opportunity to come and express your views tonight. On the flip side of the coin, it’s like okay, media, where’s your accountability? Where is the fact that this was in your hands for nine days? I really believe, just personally, that this wouldn’t have even come out now had Right to Life not come out with their press release, which is unfortunate, because we wouldn’t have had this discussion here this evening, which I have found to be very productive. The thing I hate about being in this chair, we make some people happy, and we make some people upset. But tonight I make no apologies for what we did. I make an apology for how we did it, but not for the actual vote itself. Any other comments?

Commissioner Nix: We’ve got one.

President Korb: Yes. Yes, sir? It’s Dick, isn’t it?

Dick Connolly: Yes, Dick Connolly, Bayard Park Drive. I think what I find somewhat perplexing about this, Commissioner Nix, I cannot imagine dealing with an issue with abortion and thinking it wasn’t going to be of major public concern. But, when we talk about, even when we talk about people, women coming in with complications from abortions performed, or procedures performed elsewhere, this ordinance has no effect on that whatsoever. The reason is that we do not have opportunities in Indiana, as many as we should have, I think, for safe, careful, considered abortion. I suspect, this is my fear, is that if ever, in the future, the situation would arise when someone, Planned Parenthood or someone else, would try to open up a clinic to perform safe procedures, that we would find this ordinance being used, now, I can’t predict the future and neither can you, but I’m concerned about that, that in the future what we’ll find is that there will be roadblocks put up to prevent even the establishment of clinic where safe abortions are provided, where care is provided in those rare cases in which there are complications. I think that’s part of the problem here, that we don’t have those. We don’t have those available in our community, and as a consequence, we may face situations where people come in from elsewhere with complications. People are, they didn’t serviced here, they got serviced someplace else, and this ordinance will have absolutely no effect on that whatsoever.

President Korb: Thanks, Dick. If there are no other comments, I will turn a motion, entertain a motion, that’s the word I’m looking for, senior moment, I’m sorry. Entertain a motion to adjourn.

Commissioner Nix: So moved.

Commissioner Tornatta: Second.

President Korb: All those in favor say aye.

All Commissioners: Aye.

President Korb: Thank you everybody.

(The meeting was adjourned at 6:17 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the August 5, 2008 Commission Meeting Minutes.

Waiver of Fees, Not O/T 2009 Girls in Bloom Event (No Paperwork).

Key Government Finance: Pay Req. No. 3: Networking System.

IBAP Gatekeeper Report: July 2008.

Old Courthouse Rosewood Bookcase Loan Renewal: Evansville Museum.

Autumn Winds Subdivision: Petition to be Included on 2009 Paving List.

County Highway Response to Petition for Tree Removal: Petersburg Rd.

Kessler Condemnation Settlement Agreement.

Employment Changes:

Sheriff’s Office (6)                    VCCC (6)                        County Assessor (2)

Circuit Court (2)                        Prosecutor (1)                 County Clerk (2)

Travel Requests:                    Health Dept. (3)              SWCD (2)

County Engineer: Pay Request No. 58: Burkhardt-Green River TIF Projects.

Auditor: August A/P Vouchers.

Treasurer:

Monthly Report: July 2008.

Year-to-Date Report: July 2008.

Surplus Requests:

Weights & Measures: 1 computer tower, 1 monitor, 1 keyboard.

County Highway: scanner.

Health Department: various computer equipment.

Treasurer: 3 monitors, 2 printers, 4 phones, 2 modems.

Purchasing: Monthly Report: July 2008.

Weights & Measures: Monthly Report: July 2008.

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer

Those in Attendance:

Jeff Korb                                   Bill Nix                                      Troy Tornatta

Bill Fluty                                    Kathryn Schymik                      Marissa Nichoalds

Debbie Spalding                       Dave Rector                             Bill Bolin

Paul Kirby                                 Mike Dorn                                 David Reis

Lois Marie Akers                       Roberta Heiman                       Helen Templeton

Linda Redman                          Dick Connolly                           Diane Collins

Andrew Mickins                        Mary Blanc                               Phil Hoy

Chrystal Struben-Hall               Mary Ellen Van Dyke                Eric Cake

Mona Wooten                           Brenda Bergurtz                       Cheryl Byrnes

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Jeff Korb, President

Bill Nix, Vice President

Troy Tornatta, Member

(Recorded and transcribed by Madelyn Grayson.)