VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

FEBRUARY 8, 2011

The Vanderburgh County Board of Commissioners met in session this 8^th day of February, 2011 at 5:00 p.m. in room 301 of the Civic Center Complex with President Lloyd Winnecke presiding.

President Winnecke: Good evening. I would like to call to order the February 8^th meeting of the Vanderburgh County Board of Commissioners. We’ll begin with attendance roll call please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Here.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Here.

Madelyn Grayson: President Winnecke?

President Winnecke: Here.

President Winnecke: Would you please stand and join us in the Pledge of Allegiance?

(The Pledge of Allegiance was given.)

President Winnecke: We have an action packed agenda. We’re going to slip one thing into the very, very beginning. It should not take long. Mr. Rector, Mr. Fluty would you come forward please?

Dave Rector: Thank you, Commissioners. Dave Rector, Building Authority. I have a request tonight to spend some money from our joint fund that we have for some in-building projects between the Commissioners and the Building Authority. The only way we can spend from that fund is if both of our boards approve that. When Bill came in the office, the Assessor’s Office, he had some minor renovations he wanted to do to improve the flow through the office. I was able to handle those through our budget, the minor ones. Bill then wanted to do a little bit further work, I’ll let him explain what he’s wanting to do, but he’s done a lot of things down there to help improve the flow by furniture and all, but this entails some renovation kind of work that he’s wanting to do is why we’re requesting $2,000 for this, not to exceed $2,000 to finish it off. I’m going to let Bill explain what he’s wanting.

Bill Fluty: When I originally spoke to David I had talked about kind of creating a hallway down through, between about four different offices. We did, he had the money available to do about a four foot opening in two different offices. When we got to the third office it kind of made more sense to actually take that wall out. Which really expands real estate into where personal property is. Personal property was a pretty big office with five people in it, which had extra space, and then the real estate was very cramped, and they needed to kind of expand. This actually puts all of them in the same office. We may move maybe transfer down to this side or something, but it’s at the point that we get that wall out, we are really done with any renovations and we have plenty of space and won’t be back before this Board for any spacing needs. So, we’re asking if that can be done.

President Winnecke: Dave, if I remember correctly, there’s a little over $400,000 in that?

Dave Rector: Yes, there is.

President Winnecke: Is that right?

Dave Rector: Yes, you’re correct.

President Winnecke: Okay, and how quickly would this work be completed?

Dave Rector: Immediately.

President Winnecke: Okay. Any questions? I would entertain a motion to approve an expense not to exceed $2,000 from the Commissioners and the Building Authority’s joint account.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. Questions or further discussion? Hearing none, roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

Dave Rector: Thank you, Commissioners.

President Winnecke: Thank you, gentlemen.

Dave Rector: What we’re going to do, when we’re done with this then, is I’m going to go ahead and replace all of the carpet in that area so that it makes it uniform. With all of the old township offices you’ve got a hodge podge. So, it’s going to totally improve that area for you.

President Winnecke: Thanks, appreciate it. Have a good evening.

President Winnecke: Next we have Rusty Fowler who is from the Indiana Department of Transportation, Vincennes Office. I asked Rusty down late last week when word began to urp up about the changes, the modifications to the proposed interchange at U.S. 41 and the Lloyd Expressway. Rusty, I appreciate you coming down. I thought maybe we would begin, if you would just basically exchange, describe for us and for the folks watching at home, the modifications to the plan and the reasonings behind it.

Rusty Fowler: Sure. Absolutely. My name is Rusty Fowler. I’m with the Department of Transportation, (Inaudible) in Vincennes. I absolutely appreciate the opportunity to come in and talk to you. I’ve met a few of you before, but not all of you. As you know we are tasked with delivering projects across the State of Indiana with the focus on what’s best for infrastructure, what’s best for the taxpayers dollars. We continuously review those projects for budget purposes, the need, scope, try to get the best bang for the buck. U.S. 41 and Lloyd is no exception, you know, we also look at that. Recently it was being reviewed by the project manager and several things were kind of noted about the project. One, the existing full interchange project was in excess of $30 million, over $10 million of that was only in drainage items to drain the new interchange. Also, the mere fact that we’re trying to get away from (Inaudible) interchanges because of the merging movements that they do create. So, what we did was we said, well, is there a better option that will allow free flow on the Lloyd, reduce some of those merging movements, save some of the dollars that were appropriated for the project. A few options were explored. The selected option, the one that we kind of looked at and said, you know, this has very good benefits, which I’ll get into here in a second was a partial cloverleaf with loops in the northeast and the southwest quads of the intersection. Now, obviously, there is a challenge in that it would require two signals on U.S. 41 to control the ramps. Interestingly enough the significant impact to the Lloyd will surface on 41 is, it’s very insignificant as far as the additional signals go. Just to kind of let you know that the signals are really to control the left turn movements at the ramp ends. Our planning folks looked at the delay time caused by those signals, and the average delay time per vehicle was generally less than 5.5 seconds, except at one location where it is 10.3 seconds. All of those are high levels of service. So, you know, if those could all be possibly improved by re-timing signals up 41 through the corridor as well. Now, that’s the challenge, now let’s look at the positives of what we can do here. We can reduce the number of merging movements of the full interchange, because we’re only going to have a couple of merging movements now. The existing merge movements, particularly southbound 41 to westbound Lloyd would be lengthened by approximately 700 feet. So, it improves that merge movement. Lloyd would be free flowing. It opens up approximately another four and a half miles of signal free Lloyd, improves that level of service on the Lloyd. The pedestrian structure is still included. The greenway details can still be worked in. We talked about that with the MPO and the city and some county folks last week. Overall cost savings is an estimated $12 to $15 million. So, the project schedule is (Inaudible) interchange. With what we’re proposing, we would have a public information meeting in late spring, hopefully, before the end of April, where the public could come in, take a look at the specific plans, comment on them at that point in time as well. Still looking at the same fiscal year, being an April ‘12 letting, and proposed December of 2013 opening. After a request of the MPO last week, we are going to be providing the traffic and planning numbers that was used by our planning folks to do the analysis. You know, obviously, interested in comments back as they get a chance to look at that. Also, we will be attending the transportation committee meeting later in the month as well, to kind of have this similar discussion. So, that’s it in a nutshell, and interested in comments, or always here to listen, obviously.

President Winnecke: Again, thanks for coming down and clarifying. I have a few questions–

Rusty Fowler: Sure.

President Winnecke: –then I would turn it over to my colleagues, if that’s okay?

Rusty Fowler: Sure.

President Winnecke: The two additional stop lights on Highway 41 you say would cause, you said a very insignificant impact on Highway 41 traffic. Then I thought I heard you say that’s going to be anywhere between 5.5 seconds and 10.3 seconds, did I understand you right?

Rusty Fowler: Yes.

President Winnecke: So, help me, you know, as a motorist on that, help me understand how two more stop lights along a thoroughfare that’s punctuated with a lot of stop lights is going to, not going to change my life a lot?

Rusty Fowler: It’s really all about the timing. If those two new signals can be timed up, synced up with the ones just to the north and just to the south, that impact should be very minor. Keep in mind one thing, we will drastically improve the level of service on the Lloyd because we will free flow that. Those two signals, even though, I realize the perception is, wow, we’ve got a lot of signals on 41 right now. Those two signals won’t change the level of service dramatically on 41. So, you know, that’s why we’re looking at it as a, you know, it’s an insignificant impact to 41. It’s a big impact to the Lloyd, and it saves between $12 and $15 million.

President Winnecke: I can appreciate the cost savings. I hope this isn’t an apples to oranges comparison–

Rusty Fowler: Sure.

President Winnecke: –but, I’m thinking about the eastside of Evansville, from roughly the entrance to the Target complex to going northbound on Burkhardt Road to Virginia–

Rusty Fowler: Sure.

President Winnecke: –I think is about 2,500 feet. Walnut to Virginia along the 41 corridor another, is about 2,900 feet. So, it’s 400 feet longer, but the traffic count is twice as much on 41 already than it is on Burkhardt. I guess, I hear ya about changing the timing, but, I guess, I’m not really kind of buying into the theory yet that this is going to be better for us, when we have roughly the same length of corridor and the traffic is going to be twice as much as it is on Burkhardt, and Burkhardt Road is horrendous.

Rusty Fowler: Yeah, keep in mind one thing about these signals, Lloyd, the signals that we’re talking about are to control the ramps at the top of the intersection of 41 and that ramp. So, as you come up to that ramp, if you’re going to go right, whether you’re coming from the east or from the west, when you come up to the top of that ramp you’re going to have a (Inaudible) to be able to take the right without stopping. Now, if you’re going to take a left at either one of those locations, you’ll have to stop at the signal. So, that signal is not to control any through traffic, obviously, it’s just to control that ramp. That’s all it will control. So, priority has got to be given to 41, obviously. So, it’s not a through signal intersection signal as you might, as you look at it, maybe the situation over at Burkhardt.

President Winnecke: Okay. Help us understand sort of the process. We’re going to have, you’re going to, you’re body is going to have a late April public meeting and you’re going to hear input. I suspect the comments that you hear from my colleagues tonight will not be unlike mine, what happens if it’s just so overwhelmingly negative? What does INDOT do at that point?

Rusty Fowler: You know, we’re tasked with moving ahead with projects in order to best spend the taxpayers dollars. We’re charged with that. We would certainly take anything into consideration, but, obviously we’re not in a situation where we’re going to negotiate at that point in time necessarily, okay. So, we would hope to move ahead. I obviously don’t want to say, well, you know, we could take the project off the books. I don’t want to say that. If it’s overwhelmingly negative, I suppose that’s always an option, but I don’t see that as an option. I think there’s a need there that we need to address.

President Winnecke: Okay.

Rusty Fowler: So, I don’t think that’s a logical solution.

President Winnecke: Okay.

Commissioner Melcher: I can start out with saying, I’ve sat on the MPO a long time and that project wasn’t even on the State’s radar. That project was only on the State’s radar because of Mayor Lloyd. When, on the MPO, Mayor Lloyd and myself and some members of the MPO, which used to be called EUTS at that time, picked three projects. Vann Avenue was one, 41 was another and Fulton was done. Fulton didn’t end up the way we thought it was going to be done, but it seems to be working. I’m not sure about getting on the highway when you get up there at the end, but it seems to be working. So, I don’t really understand, it seems like and don’t take this wrong, but it seemed to us, it’s perceived to us because of all the future and all the stuff we’ve had in the past too, it always gets cut down here in the south. It doesn’t get cut up north. You go up to Indianapolis, you’re constantly waiting for all of these new super highways, these turns and everything. Down here, you’re wanting to install two lights on a busy one already, you’re going to cut $13 million, so what does that leave out of the other? How much is that ramp going to cost now, under what you’ve got now?

Rusty Fowler: Well, let me kind of jump in there, and I don’t have all the numbers exactly in my head.

Commissioner Melcher: Okay.

Rusty Fowler: You know, I’m from southern Indiana, born and raised. I’ve heard that we don’t have all of the opportunities that other people have or other locations have. I disagree with that. Right now we’ve got a $1.1 billion commitment with I-69 to link Evansville up with Bloomington and then on into Indianapolis. We’ve had $77.5 million of Major Moves projects completed in Warrick County, 50, I believe 55, again my numbers may be a little off here, 55 plus or minus a million dollars completed in Vanderburgh County, another in excess of 30 million in a combination of Vanderburgh and Warrick County that aren’t complete but that are active. So, you know, we’ve got a tremendous amount of work going on. Those are just the big projects. We’ve got a tremendous amount of work going on in the Vincennes District in southern, southwestern Indiana right now. We’ve never seen construction like this before in our area. It’s phenomenal. It’s a great time to be in transportation. It’s a great time to be in the Vincennes District. So, you know, I necessarily can’t agree. I think we’ve got a boom construction business going right now. We’re very fortunate to have that.

Commissioner Melcher: Well, I’m not disagreeing with all that. A lot of that is because of Major Moves and us selling our highways off for 75 years and getting that money. I understand that made a big deal and I’m for that. But, how much do you think, how much is this intersection going to cost now the way you’ve got it designed now?

Rusty Fowler: With the new proposal?

Commissioner Melcher: Uh-huh.

Rusty Fowler: The new proposal is going to be about $17 million construction.

Commissioner Melcher: Okay, and what I’m leading to, I don’t think it’s really broke that bad, but we knew we needed to tune it up and try to fix it better and try to spread it out, that’s why we put it on the agenda and hoped that priority would come down the road sometime, but then we’ve got, we’re sitting out here with USI and an interchange that the State wouldn’t build. None of us were here at that time, but they wouldn’t build it, but they need to take ownership of it, we need to straighten it out now, if we’re going to. What I’m trying to get around to, I guess, if we can’t get what’s good the first time, or the second time around, I don’t want a third time around at 41, let’s take that same money and let’s do something proactive on the west side and fix up the westside interchange.

Rusty Fowler: Yeah–

Commissioner Melcher: Let the 41 stay, because as we continue up, which we are, as soon as we hook up to Diamond and move on up to 64, you know, there’s going to be a lot of trucks coming in that way and they’re going to be dumping right at the front door of USI. So, to me, that’s a more important one, if we’re going to start cutting, if we’re cutting back, let’s take that cutting back money and move it to USI.

Rusty Fowler: Okay, and I appreciate the comment. Obviously we’re always interested to hear what the county and the MPO and locals feelings are about what the priority is. I can tell you that right now, and I’ve talked to others about this, USI as far as long range, has, there’s not any kind of projected project out there right now long range, because our long range planning people have told us that nothing is warranted at this point in time. Now, I do agree that there’s, you know, University Parkway is another big project that we’ve been involved in, and it is progressing along, but right now we’re still showing that there’s no, there’s no interchange work required there.

Commissioner Melcher: Well, reality is there is. I think if the State would get serious about looking at it. I don’t think the State’s been serious at looking at it over the time frame. That is going to be a major problem out there. The neighbors didn’t even know that all the trucks and everything were going to be rolling down that way. USI went ahead and built their circle or whatever you want to call it, and now that’s really hurt that interchange. It should have been working with you, but because we couldn’t get the State and us all on the same page, everybody’s doing what they think. So, what we’ve got, we’re going to have two or three patch jobs out there before we get a real one. So, I really think we need to look at it, because once, and I think the numbers will show once we could get it all done, and we talked about doing a study, we met with INDOT here two or three times, and they said, well, we need a study, but we don’t want to spend the money for a study and then you make us come back later and do another study. We don’t want to pay for it twice. So, that’s, we want to do it correct this time. We want to do that correct for the future, let’s build for the future is the way I look at it.

Rusty Fowler: I appreciate your comments absolutely.

Commissioner Melcher: I don’t need to be up here, we’ll go to the public hearings and that.

Rusty Fowler: I absolutely appreciate your comment there.

Commissioner Abell: Thank you for coming. You know, I attended the INDOT meeting, you met me up there last Thursday. A couple of things that were said at that meeting I would kind of like to go over. One was that the traffic count at that particular intersection, the 41-Lloyd Expressway intersection, someone, not you, but, I think, Mr. Pence, must have said on 41 the traffic count was 50,000, and on the Lloyd it was 60,000. So, you felt that that was the highway that needed the more improvement because it had the 10,000 more vehicles. My concern is not necessarily the number of vehicles, my concern is the number of wheels that are on those vehicles. I think that the tire count on Lloyd Expressway would be about 60,000, but I think the tire count on 41 would be way above the 50,000, because the Lloyd Expressway basically is our residents going from one side of town to the other, but that corridor that goes through the middle of our city and which has been terribly dangerous for our citizens for years, carries heavy semi traffic. I would be more inclined to think that we should be thinking about the safety rather than we are ten to 15 seconds time. I’m more concerned about my children getting on that highway with my grandchildren in the backseat than I am with whether or not they’re going to be 15 minutes late to my house for dinner. The other thing that was mentioned there that I thought was extremely important was that it seemed from the comments that were made, the highway would have been a go and no one was going to have any problem with it until you hit the problem of the sewer system, because as I recall the gentleman said, and these aren’t his exact words, but correct me if I’m wrong, that you are going to be putting down less pavement now than you would have with the original plan, and since you are now putting down less pavement instead of more you get the freedom to leave the old combination sewer system there and you don’t have to replace it, I think was pretty much what he said.

Rusty Fowler: That’s close. Basically, the bottom line is that if we’re going to build a full interchange, it will require at least a ten million dollar structure to get up to where we need to outlet that structure. In the event that we change this and do provide a higher level of service overall on the interchange, by maintaining the same square footage of pavement that we have now we don’t have to change the drainage as it would exist.

Commissioner Abell: Okay.

Rusty Fowler: So, that is true, and that’s part of, that’s the majority of the cost savings.

Commissioner Abell: That’s what I thought. Well, with that said, I can, I have to echo what Mr. Melcher said, and I know, I think Mr. Winnecke agrees with is that, you know, we don’t mind that staying just like it is, because we’re going to have to pull it up pretty soon anyway to replace that sewer if you’re not going to. So, why do the typical thing that, excuse me, but INDOT normally does is put the pavement down and then we come back a year later and dig it all up. That combination sewer is not going to last forever. We’ve already been cited from the EPA for different sewer problems here, so, my preference, representing the people of Vanderburgh County, would be that we take the millions of dollars that certainly we’re entitled to in the southern, down here in the very, very southern part of the state, and use it on the USI interchange, instead of putting it at the Lloyd Expressway and 41 where it’s really not going to change much except make it harder for people on 41. I understand that you indicated that the studies say that there’s no need for it at USI. I certainly, first of all, would beg to differ because I’ve been out there a lot, and there are, if you stop when you’re supposed to make a left hand turn at USI you can now go meet the guy that just hit you in the rear. That’s the growth of Evansville. We have already reached the Warrick County line, we can’t go south because we have a river, and the northern part along the 41 corridor is already being developed. The only place Evansville has got to develop is to the west.

Rusty Fowler: Right.

Commissioner Abell: Why should we wait and let it all develop and then come back here and say, oh, my goodness we should have accommodated a road, and then tear it up and put it in after we’ve already put in all the utilities, the drainage, all of the drainage, all of the sewer lines, all the utilities that we have to have to force it to be built.

Rusty Fowler: Sure.

Commissioner Abell: We need to be looking at 30 years from now, not lunch next week. I think it’s important that you take back to INDOT that we feel our growth is that direction, and that’s where we need to put our money. 41 and the Lloyd is fully developed and has been for many, many years. There’s nothing going to go in there.

Rusty Fowler: Right, well, I absolutely appreciate those comments. Keeping in mind, if it is the locals wish that we don’t proceed with this project, I can’t promise that those dollars stay here. We do have State-wide asset teams that look at projects State-wide and they, you know, we have to look at those priorities State-wide, because we’re trying to function as where is the most need for the dollars State-wide, not necessarily in one particular area. But, the comments about USI, you know, I understand where you’re coming from there, and I can certainly take that message and share that within INDOT, if truly you’re not necessarily wanting this project.

Commissioner Abell: I appreciate it. Thank you.

Rusty Fowler: Thanks, Marsha.

President Winnecke: Clearly, we’ll have, you know, this is three folks who have just had a few days to kind of digest this. It will be interesting to hear what other folks have to say at your public hearing or public meeting whenever it is scheduled in April. You know, just, before we open up to anyone in the audience who might have a comment on this, you know, relative to the USI interchange, the latest MPO traffic studies show that in a moderate growth area, the traffic northbound on University Parkway is going to grow at a 30 to 40 percent range between now and the year 2025, with strong growth, and we hope there is strong growth, and hopefully we should plan for strong growth, those traffic counts increase 130 to 140 percent. I know INDOT did an evaluation of all of the State interchanges a short while ago, and at that time the USI interchange was not very high in terms of–

Rusty Fowler: Yeah.

President Winnecke: –relative to others in the State.

Rusty Fowler: That’s true.

President Winnecke: But, it is a high priority for us, we’ve worked closely with Brad Mills and the MPO team to get the best data we can. We’ve talked to the residents out there on a regular basis about what we can do, and we’re soon going to launch a corridor study out there. So, you know, that is a message, I think, that this body is universal, or is unanimous in, that’s a message that we would like for you to take back. We understand there are formal channels to go through–

Rusty Fowler: Sure.

President Winnecke: –and all that, but that is a big priority for us.

Rusty Fowler: Okay, alright, well, I appreciate that. Yeah.

President Winnecke: I know John Stoll, our County Engineer, is here. John, is there anything that you would like to add to the discussion? I don’t see you, I know you are here.

John Stoll: I think you’ve all pretty well covered it. Basically, like Rusty had said, I had spoken to him about the USI interchange, and Rusty had indicated the prior INDOT studies didn’t show a problem, but with the completion of University Parkway by the end of 2012, we will see more traffic on that corridor. Or even worse, if the problems at the interchange are a bottle neck and divert people away from that whole corridor, then the county has spent a tremendous amount of construction dollars on a project that won’t be used to its full capacity. So, either situation is not good. That would show that the interchange does need looked at in great detail out there.

President Winnecke: Thanks, John. I see Brad Mills, is there anything that you would like to add from the MPO’s perspective?

Brad Mills: I’m going to wait for the traffic data, obviously, so that we can take a good look at that and see what those numbers say. One of my big concerns, just from looking at the interchange is, right now, for the eastbound coming from the westside to go northbound, we have a loop ramp, and what they’re proposing is for that to be signalized. That’s a pretty heavy movement now. He mentioned the southbound to west bound, which would be the complimentary movement, how high that is and we need that weaving. So, I have a lot of concern that that’s going to be congested and possibly back up to the Lloyd like we have at USI. So, I’ll have to wait to see what the traffic numbers are though.

President Winnecke: I have that same thought. Thanks.

Rusty Fowler: If I’m on the same page with you, that is the point where the local service is actually a B instead of an A.

Brad Mills: Okay.

Rusty Fowler: So, it is a little bit less than the other sites.

Brad Mills: Okay.

President Winnecke: I thought I saw Pat Keepes, the City Engineer. Pat, is there anything you would like to–

Pat Keepes: Thank you. Pat Keepes, City Engineer. With all due respect to the Commissioners, and the priorities in the county, I agree with the needs in some of those areas that you mentioned, USI and some of the others. However, speaking on behalf of the city, I wouldn’t want Mr. Fowler to leave here tonight with the impression that we don’t want the improvements at U.S. 41 and the Lloyd Expressway. We do feel like there’s a need for improvements there. We would love to see it done with no signals added and signals removed, as a matter of fact. I understand the drainage aspect of it, and, to me, there’s an opportunity there to address the combination sewers that have plagued this, as well as many other (Inaudible) communities. We addressed those issues on part of our major reconstruction projects. So, I wanted to make sure that Mr. Fowler understood that we do still see a need for improvements there. Again, with all due respect to the Commissioners and the needs in the county.

President Winnecke: That’s a good point. I think we wouldn’t just like to see it done, we would like to see it done correctly.

Pat Keepes: I agree.

President Winnecke: And in a manner that we feel would benefit all of us, but your point is well taken. We don’t want to send the message that we don’t want improvements, we just want them to be effective.

Pat Keepes: I agree. I thank you for the opportunity to come before you.

Commissioner Melcher: Before you leave up there, I, that’s what I said originally. We do want some improvements, we want to do it right. We’ve had to redo the Lloyd a couple of times already and raising it and everything else. We’ve always had the water problems. But, basically, Pat, you might want to think about this, just, since we’re talking about the sewers, maybe under this $13 million savings or 17, whatever it is, maybe we ought to look and see what the city is going to have to pay for sewers, and what infrastructure we’re going to have to build because of that, because that was the problem we had out at Burkhardt, if you remember. We were going to have to come up with about $20 million worth of improvements when they cut that project back. So, we might end up cutting the same thing, you know, so, once, you might want to do that on the city side just so we have an idea, so when these public hearings come up, the State’s saving 13, but as a city and us residents down here have to come up with 13. Just food for thought.

Pat Keepes: Right. I appreciate that. We look forward to continuing these discussions with INDOT. Hopefully, we’ll all keep open minds here and look forward to working with them as this song plays out. Thank you.

President Winnecke: Thanks, Pat.

Pat Keepes: Thank you again.

President Winnecke: Anyone from the public who would like to speak? I see Councilman Lloyd here.

Russell Lloyd: Good evening, Mr. Fowler, how are you doing? Good evening, Commissioners. I had sent a letter to INDOT expressing my concern about the project. Just a quick history, as Commissioner Melcher mentioned, when I was Mayor we pushed for trying to get some great improvements on the Lloyd Expressway, and that former INDOT Commissioner, Bryon Nichol, we came up with a corridor study, I’m sure I have it at home somewhere, but it took the whole Lloyd Expressway from basically the far eastside all the way to USI, and the thinking being you can have all this growth out at USI and the Expressway was laid in the early 80's and there was things that needed to be fixed on it. So, part of what came out of that was there was going to be express, or there was going to be an overpass at Burkhardt and Lloyd, well, that was changed, the improvements of 41 and Lloyd, you could argue that should have been a full cloverleaf from the get go, but it wasn’t, and then we’ve got the new overpass at Fulton, which I would contend is a good thing and certainly moves traffic a lot better. I know, I think in the plan now you’ve got an overpass at St. Joseph Avenue and Lloyd, and then also the study going out to USI. But, my concern is, as you mentioned, the vehicle counts, Highway 41 north-south, 50,000 vehicles, Lloyd Expressway, 60,000 vehicles, I would ask INDOT to look at this, see if they can come up with a way to not add lights to U.S. 41, which, I know at one time I had an exact count, I’ve lost that count, but it’s probably upwards of 20 if you go all the way up to, start at the State line and go all the way up to north around 64. It makes it difficult, there’s safety issues. Obviously, if there’s some way, we’re cognizant of trying to save money. That is important, but this is a project that’s been on the drawing board, if this Lloyd and 41 is improved, you will take two lights out, and you’ll have a straight shot with no lights all the way from Vann Avenue all the way out to, right now, St. Joe and eventually past that. So, it will help the motoring public going east-west, but I would contend we don’t want to see degradation of north-south U.S. 41. We can’t put overpasses on all of those interchanges, but I think it would be better for the motoring public and for safety reasons not to add lights to that. So, anyway, I sit on the MPO with Commissioner Melcher as well, and look forward to working with INDOT as we move through this process. Thank you.

President Winnecke: Thanks, Russ. Anyone else from the public that would like to come up and speak to this issue? Yes, sir.

Mike Lockard: President Winnecke, Commissioners Melcher, Abell. On behalf of Westside Improvement, by the way, Mike Lockard, Westside Improvement. On behalf of all of us, thank all three of you very, very much, our admiration for the fact that you are looking out for what those of us that live out on the westside, around the USI area have known for a long time. The fact that all three of you have been so forthright with INDOT on that, I hope that they take that message back appropriately. President Winnecke, two years ago you had the MPO do a study out there, and that study has widely been around the State, and I think it proves pretty clearly what the need is out there. Mr. Fowler, you and I we met with Mr. Woodruff up at your office last year some time, I find it interesting that last year Russ Lloyd told me that we made the last bond payment on that interchange at USI in January of 2010, 25 years and we finally paid it off just last year. It was this Commission, many years ago, or several years ago, that actually started the University Parkway project in getting it moving forward. We have talked with not only folks in Vanderburgh County, but also Posey County and Gibson County, and, Commissioner Abell you said it right, clearly that is the future of the west side, and it’s the future of Evansville for growth, and it’s not going to be just a corridor in Vanderburgh County, it’s going to be a regional corridor. We’ve talked with the President of USI about that and what they would like to see out there, and I don’t think for INDOT that this should be a matter of Solomon trying to split the baby in half. If we can save $13 million on the Highway 41 project, $13 million will go a long way towards the USI interchange. Why do we have to have one or the other? I guess, my question for INDOT to take back is, if the money is ours, why can’t we have both? I think, you said it very good, President Winnecke, that, you know, we’ve waited around a long time down here for some of these projects, I think we’re due to have some changes made, and there’s no reason why with $30 million set aside for this project, if you can save 13, then give it to USI , and I’m sure between the federal government, the state government, and the local government we can find a way to change the USI interchange and have both of them done. I hope that’s what INDOT takes away from it that we don’t want one or the other, we want both of them. Thank you.

President Winnecke: Thanks, Michael.

Rusty Fowler: Just for a quick comment on that.

President Winnecke: Sure.

Rusty Fowler: INDOT has been supportive of University Parkway and been involved in giving federal funds to that project. So, you know, we’re partners on that as well.

President Winnecke: We understand that, yeah.

Rusty Fowler: As far as, and, again, going back to a comment I made earlier, if we save this additional money and do progress ahead with this project, let’s say it rolls forward, there is no guarantee that that $13 million stays here. That would have to be assessed on a State-wide level, and, particularly in a situation where right now the long term study doesn’t show us needing anything out there, I would be hard pressed to say that it would probably go there even if it, you know, even if that was an option. But, again, I’ll just, talking off the top of my head here, I will definitely take that message and share it with everyone and go from there.

President Winnecke: Okay, thank you. Any other public comment before we move on?

Eldon Maasberg: My name is Eldon Maasberg. You’re talking about Lloyd Expressway, correct me if I’m wrong, but is one of them out there on the westside ain’t it the number one accident in Vanderburgh County, or even in the city? Why ain’t we doing something with that one?

President Winnecke: Which one are you speaking of, Eldon?

Eldon Maasberg: I think it’s Red Bank Road, or one of them two at the bottom of the hill there.

President Winnecke: I don’t have those statistics off the top of my head.

Eldon Maasberg: It was in the paper in the last year.

President Winnecke: Well, then it must be right. No offense, Richard.

Rusty Fowler: I appreciate those comments too. I don’t have any data on that either.

President Winnecke: Any other comments?

Unidentified: Do you know where we’ll be able to see the plans?

President Winnecke: Richard, or–

Unidentified: The plans, when the public can see them and where?

Rusty Fowler: Yeah, we want to have a public information meeting, it will probably be by the end of April. That’s not set yet, but that was, that’s what the project manager has told us. It will probably be later on in the spring, but it would be down here somewhere, exactly I don’t know where, but it will be later this spring.

President Winnecke: Are they–

Unidentified: Not until then?

President Winnecke: –available on line anywhere, Rusty?

Rusty Fowler: They are not available online. Honestly, with what we’ve got right now, with the proposed changes, they’re just now beginning to make these–

President Winnecke: Okay.

Rusty Fowler: – changes to the design plans, okay? So, at the public information meeting there will be a lot more to see. I’m going to have the project manager with me when we come down to the Transportation Committee, but, again, he’s going to probably have the same drawings that I shared with Marsha last week. I doubt that he would have any kind of definitive plan at that point in time to be able to show, you know, the conceptual schematics.

President Winnecke: Okay. So, more to come. Anyone else? Rusty, thanks for coming down today. I appreciate it, and we look for continuing dialogue and partnership with INDOT.

Rusty Fowler: Absolutely. I mentioned this to Pat on the way in, absolutely appreciate the opportunity to come in. We’ve always had a good relationship with the MPO and the city and the county, and absolutely wish to continue that.

President Winnecke: Thank you, sir. Appreciate it.

Rusty Fowler: Thank you.

Commissioner Melcher: Thank you.

President Winnecke: Okay, next on the agenda, I would entertain a motion to reappoint Old National Insurance as the agent of record for the county’s insurance needs. I would make that motion. I would recognize that it dies for a lack of second.

Commissioner Melcher: I’ll make the motion to make ONB, retain ONB for the property and casualty insurance.

President Winnecke: I will second that. Questions or discussion? Roll call vote.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: No.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 2-1. Commission Abell opposed.)

Commissioner Abell: I would like to move that the Torian Hoffman Dillow and Flittner Insurance Agency be made agent of record for the health insurance.

Commissioner Melcher: I’ll second it.

President Winnecke: There’s a motion and a second. Questions or discussion? Hearing none, roll call vote.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: No.

(Motion approved 2-1. Commissioner Winnecke opposed.)

President Winnecke: Next, request for redemption extension for 200 East Delaware Street. I would entertain a motion to approve the extension date to March 1^st of this year.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion? Roll call vote.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next we have resolution CO.R-01-11-001, this is the transfer of county property to the City of Evansville, DMD and Parks and Recreation. This is for, the transfer of county owned property acquired by default, and this is going to DMD, and as I said, the Department of Parks and Recreation.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion? Hearing none, roll call vote.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next we have several contracts to consider. The first through the Sheriff’s Department. This is for Issue Trak, it’s a software lease for the license and sale of software to the Sheriff’s Office to provide for tracking of various internal issues in the operation of the Sheriff’s Department. The total cost for the ten stations is $4,774. This is money, I understand, that is appropriated.

Commissioner Abell: Out of the Sheriff’s budget?

President Winnecke: Yes.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. Questions or discussion? Hearing none, roll call vote.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next we have a reimbursement agreement for providing security for the 10K/5K race/walk for the St. Jude Hospital.

Commissioner Melcher: That’s with the Sheriff’s Department?

President Winnecke: Yes.

Commissioner Melcher: I’ll make the motion.

President Winnecke: There’s a motion.

Commissioner Abell: Second.

President Winnecke: And a second. Questions or discussion? Hearing none, all in, roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next we have an agreement for Burdette Park for the AT&T advertising agreement. The cost of this agreement is $3,150 for the year. This is an increase of $48 over last year. I would entertain a motion to approve.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. Questions or discussion?

Commissioner Abell: Is this out of Burdette’s budget?

President Winnecke: It is. Roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next, out of the Commissioners, Tyler Technologies software and software maintenance agreement. This is to provide integrated public sector finance, human resources, payroll, community development and utility information systems. The cost will range between $221,365 and $412,240 for software, depending on the actual needs over the county over the next four years, plus annual maintenance services of $98,400, of which $75,805 is waived in the first year. The County Council appropriated $160,235 to the IT Department for this project. We have Matt Arvay here to, Matt, do you want to come up and chat about that?

Commissioner Abell: I’ll move approval for the sole purpose of discussion.

Commissioner Melcher: I’ll second.

President Winnecke: Matt?

Matt Arvay: Matt Arvay, Computer Services. This will allow the Auditor’s office and the county to replace our financial systems, as well as the HR/Payroll. It will also allow us to continue removing applications off a piece of hardware that’s over 25 years old. So, in additional to that, it will coincide with the financial system that the city’s putting in place. So, we have some experience there with the implementation, and the Auditor’s office should see those benefits of us already going through an implementation on a financial system. The county also sees the 57 percent discount that the city received by moving with the same software product. So, it’s everything on a modern system, a web-based browser system, and you should see some efficiencies from that.

President Winnecke: Matt, just a clarification on the financials. The, what has been appropriated is a little over $160,000, that’s for this fiscal year?

Matt Arvay: Yes.

President Winnecke: The projections that you provided, $221,300 to $412,000 is over a four year period, is that correct?

Matt Arvay: Right, that varies based on the implementation services. So, a portion of the $412,240 are implementation services. On the city side we are seeing us use the budgeted money for implementation services. So, I foresee us using them, but if we can save some money throughout the project on implementation services, we will do so, and we will not expend all those monies.

President Winnecke: Any other questions?

Commissioner Abell: Am I correct that if we were to have consolidated government, these financials would go together and we would not have to buy another package?

Matt Arvay: We would have the same software. There would be some consolidation of data bases, but as far as we would get credit, we have some language, I worked with Ted on some language, so we would get credit on both sides for what we’ve paid into the system. Ted, do you want to talk about that?

Ted C. Ziemer, Jr.: That’s going to be true if consolidation occurs before March of 2014.

Matt Arvay: So, we’ve got some protection in there in case consolidation does occur.

President Winnecke: Other questions or discussion? Hearing none, roll call vote please.

Ted C. Ziemer, Jr.: Excuse me.

President Winnecke: I’m sorry.

Ted C. Ziemer, Jr.: You ought to maybe have the issue of, the financing of this is going to be through the document with Diversified Financing. So, perhaps, I mean, one without the other is not going to be effective. So, perhaps, Mr. President, you want to just discuss the government lease-purchase agreement as well.

President Winnecke: Where is that?

Ted C. Ziemer, Jr.: It’s a separate document to be approved.

President Winnecke: I don’t even see it.

Commissioner Melcher: Is it this one?

Ted C. Ziemer, Jr.: Madelyn, do you have that? The cost of this agreement, $412,240, will be financed through Diversified Lending, which is a funding company for government financing in Texas. The financing will provide that, they will advance the funds to Tyler, as the county requests portions of the software provided for under the agreement. The county will pay for the $412,000 worth of financing at the rate of $28,000 plus and some change a quarter for each of four years through 2014. The reason it’s spread out that way is because there is sufficient money to cover that in this current calendar year, that is $28,014 times four. There will have to be appropriations in future calendar years for ‘12, ‘13 and ‘14, and if there were none that provides that the, for failure of appropriation, it would terminate, and then the whole deal would terminate.

President Winnecke: So, we need, just to clarify, we need to approve the agreement with Tyler, and then a separate agreement to agree to provide the financing with–

Ted C. Ziemer, Jr.: DivLend.

President Winnecke: –DivLend Equipment Leasing?

Ted C. Ziemer, Jr.: Yes.

President Winnecke: Okay, we have one motion on the floor for the Tyler Technology agreement. Questions or discussion? Roll call vote.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next, I would entertain a motion to, Ted, how does this need to be worded here?

Ted C. Ziemer, Jr.: I’m sorry?

President Winnecke: I’m unclear how the next motion should be worded.

Ted C. Ziemer, Jr.: It should be a motion to approve the government lease-purchase agreement with DivLend Equipment Leasing of Texas, and a resolution, and a motion to adopt the government lease-purchase resolution, which is contained in the documents in connection with the funding agreement.

President Winnecke: Okay, I would entertain a motion to such.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion? Roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Thanks, Matt. Next we have the County Engineer, a supplemental agreement for consulting and right-of-way acquisition for the Millersburg-Hedden-Green River Road project. The supplemental agreement increases the not to exceed price of the original agreement of June 1, 2010 by $160,500 to a new not to exceed price of $573,400. I would entertain a motion to approve.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. Questions or discussion?

John Stoll: I just have one correction.

President Winnecke: Okay.

John Stoll: The fees have been revised. We had deleted the review appraisals. They were not necessary based on the County Attorney’s opinion. So, the increased amount now is $139,100, as opposed to the $160,000 figure.

President Winnecke: Is the not to exceed price still correct at $573,400?

John Stoll: I didn’t write that down, but it would have gone down by–

President Winnecke: The same amount?

John Stoll: –$21,000.

President Winnecke: Okay, so that would be?

Ted C. Ziemer, Jr.: Yeah, that happened since I sent you the e-mail on this.

President Winnecke: Yeah, $21,400, so, 552,okay, so the, it would reduce it by, it would increase the not to exceed price of the original agreement by $139,100, and the new not to exceed price of $552,000. Do we have a motion and a second?

Commissioner Abell: I think we did.

Ted C. Ziemer, Jr.: Yes.

President Winnecke: Would you amend your, whoever made the motion, to have the corrected figures please.

Commissioner Abell: I made the motion, I’ll amend the figures to $139,100 from $160,500, to $552,000 from $573,500.

Commissioner Melcher: I’ll second that amendment.

President Winnecke: Okay, additional questions or discussion? Thanks for the clarification, John.

John Stoll: Sorry about that.

President Winnecke: Hearing none, roll call vote.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: John, did you have anything else you wanted to present to us?

John Stoll: I have two other items. They are storm sewer acceptances for two different subdivisions. The first one is for sections two and three of Cayman Ridge Subdivision. The linear footage of the storm sewers outside public right-of-way in section two is $1,248 . The developer has submitted the $2,496 acceptance fee on that. Then on section three we have 130 feet of sewers, storm sewers to be accepted outside of the right-of-way. The $260 fee has been submitted on that. So, I would request acceptance of those storm sewers.

President Winnecke: I would entertain a motion.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. Questions or discussion? Hearing none, roll call vote.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

John Stoll: Then the other subdivision is sections one, two and three of Wynnfield Subdivision. This covers 2,044 feet of storm sewers on section one, 361 feet of storm sewers on section two , and 230 feet of storm sewers outside of right-of-way on section three. The two dollar a foot fee has been submitted on all three of those sections in the subdivision as well. So, I would request acceptance.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion? Hearing none, roll call vote.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

John Stoll: That’s all I have unless you’ve got any questions.

President Winnecke: I think you’re good.

John Stoll: Thanks.

President Winnecke: Thanks, John.

President Winnecke: Ted, did you have anything for us?

Ted C. Ziemer, Jr.: I do not.

President Winnecke: Okay, next we’ll get to our first reading of CO.01-11-002, this is amending the ordinance regarding smoking in public and work places. I believe everyone is familiar. We are essentially removing the exemptions that had previously been put in place. I know we have a number of people who are here to speak. I hadn’t really planned on putting a time limit on you, but I would hope that you keep it to a reasonable time and try not to be too repetitive. So, whoever would like to start, is welcome.

Commissioner Melcher: President, while they’re coming up, can we go ahead and announce, just in case somebody’s staying for a Drainage Board meeting, there’s not going to be a Drainage Board meeting after this meeting.

President Winnecke: Good catch. Thank you.

Commissioner Melcher: So, if you’re staying here for the Drainage Board, there’s not going to be one this evening because of the length of this meeting. There is only one item and we’re going to hear it on the next meeting.

Commissioner Abell: (Inaudible. Microphone not on.)

President Winnecke: Yeah, let’s do that. Before we get to the discussion, just to get it on the floor, I would entertain a motion to approve the revised, the ordinance as is.

Commissioner Abell: So moved.

President Winnecke: Second. Okay, now it’s on the floor. So, if you would state your name.

Tyrese Morris: My name is Tyrese Morris, and I’m the coordinator at the Caldwell YMCA Outreach Facility. We have a couple of youth, we have Nixon, Temiah and Temayah, and they actually put together a Smokefree Community video in order to get people, to encourage people to stop smoking inside of restaurants and other places, and for it to be smokefree. So, we’re going to play a video.

President Winnecke: Okay.

(Video presentation was played.)

(Applause)

Tyrese Morris: Then we’re going to have a speech lead by Temiah.

Temiah Cooper: Rat brains–

President Winnecke: Could you pull the microphone down.

Madelyn Grayson: There’s a cordless mic right there also if you would like to use that.

Temiah Cooper: Rat brains, poison fries, nicotine coke and a lung cancer burger doesn’t sound tasty. How many of you realize that this is what you’re eating when you’re being exposed to cigarette smoke in a working environment. My name is Temiah Cooper. During the Smokefree Club I have had a fun time, but it was also a learning experience. I’ve learned that there are hundreds of chemicals inside of one, learned that there are hundreds of cigarettes and that just one cigarette can lead to cancer. I’ve also learned that secondhand smoke is even more dangerous than just smoking a cigarette. I want to be another strong person to stand up against smoking in a working place and encourage others to take a stand up for a healthier environment for everybody to enjoy smokefree air indoors.

President Winnecke: Thank you, Temiah.

(Applause)

President Winnecke: Who else?

Nadine Coudret: I’m Nadine Coudret, a nursing and health profession educator who cares deeply about our community. I speak in support of this ordinance. I want to thank you, those of you who have recognized the opportunity that this ordinance has for improving the health of our community. Also, for not succumbing to the political pressures that have stalled this effort in the past. Third, for the leadership that you are displaying for not waiting until the city, the state, or maybe the nation in fact takes this action. The leadership is certainly appreciated. I’m not going to repeat the scientific data that shows the negative impact that smoking and secondhand smoke has on both the individual and in our community. That information is fact, and truly is not worthy of debate. It is also a fact that smoking is a compelling habit, and a physical addiction. As such, my comments are not to criticize those who smoke, but it is to encourage those who smoke to participate in the stop smoking programs that we do have in our community and that are readily available. Stopping smoking is very difficult, but it can be done. The benefits to the individual who stops smoking, the benefits to their family and to our community are great. I again want to commend those of you who have taken this leadership position and encourage you to follow through and pass this ordinance. Thank you.

President Winnecke: Thanks, Nadine.

Cathy Engel: My name is Cathy Engel and I’m a citizen of Evansville. I’m also a member of the Board of Health, and I just want to remind you that in, on February 11, 2010, the Vanderburgh County Board of Health had a resolution in support of 100 percent smokefree work place and public places. You may find that online at vanderburghgov.org. Thank you for revisiting this issue, and, hopefully, taking our recommendation in support of 100 percent smokefree. I would also like to personally say this is just a question, to kill or not to kill, that’s the question. Secondhand smoke kills. It is your decision whether to allow secondhand smoke to kill someone in Vanderburgh County in any work place. I beg of you with all my heart and soul, please choose to prevent that death. Thank you.

President Winnecke: Thank you.

Tony Schmitt: Good evening. My name is Tony Schmitt. I’m a respiratory therapist, as well as an educator. I have some data that I requested from several different organizations and could never find, but ITPC brought me some information that I was looking for, though dated, is still true, and going to be more true every day. We are all, my age and above, baby boomers. As we grow older there’s going to be a lot more of us, so the realistic approach to this is that smokefree now is not going to do anything for us, that’s the truth. However, it’s not me that I’m worried about. It’s my children and my grandchildren, and the perception the city provides for itself as being a smoking city. Just the numbers that I have in front of me, it costs us about $62 per Hoosier to cover the cost of smoke related illnesses. These are 2008 data from an IU published study. In Evansville alone, based on the population, 22 people died of chronic obstructive pulmonary disease related to secondhand smoke itself. In Vanderburgh County that number was 34, that was in 2008. So, with the population growing older, more people still smoking at 23 or 26 percent, whatever it is that you hear, we’re all going to be affected. We all deserve to have the right to have clean air. I too am not against the smoker, but I think with the things that we have available, the programs, other medical research that’s out there. We should provide that opportunity for them to become non-smokers and join the crowd. Thank you.

President Winnecke: Thanks, Tony.

Thomas Stratton: Good evening. I’m Thomas Stratton. I’m a family physician with Deaconess Clinic. Not long ago my family moved from Louisville, which in the heart of tobacco country, passed a comprehensive indoor clean air measure. Even in today’s economy Louisville’s extraordinary blend of local dining and a vibrant music scene continues to thrive absent the toxic blue haze which once pervaded many public spaces. Smokefree can and does work, and businesses savvy enough to cater to the 70 percent of us who do not smoke know it. The notion that clean air rules somehow infringe on private property has no merit, as if one could hold a lease on the air we breathe. Public health efforts already rightly ensure that restaurants and taverns don’t take reservations from rodents, and that the soup of the day doesn’t hold open swim for cockroaches. A license is required to sell liquor, basic work place safety measures to protect life and limb have enabled many Americans to move beyond the live and let die industrial ethos that was so graphically portrayed in Upton Sinclair’s The Jungle. Such measures make sense when they protect the workforce and the public without placing an undue burden on the owners, employees or patrons. Simply requiring that smokers step outside to enjoy their right to smoke in order to preserve the right to breathe of everyone else inside is likewise a reasonable step and one who’s time has come. We are also told that it is somehow unconscionable to restrict a legal product. Well, gasoline is a legal product. You might take issue, however, with my right to bring in an open container of this legal product into this room and start flailing it about. Why might that be? The term passive smoking is a misnomer. There is nothing passive about the damage that environmental tobacco smoke causes. It is an actively destructive process. A host of agents and tobacco fumes triggers an inflammatory process that can wreak havoc immediately and produce long term disability and disease. From asthma exacerbations in children leading to ER visits and hospitalizations, including the ICU, to heart attacks and even the risk for lung cancer among adults, through secondhand smoke exposure, the toll in illness and deaths in Indiana is enormous and has already been recounted. All of us paid a cost in lost wages, productivity and expensive medical intervention. As a family physician I routinely see people who smoke without ever lighting up because they are exposed to second day poison at work on a daily basis. Some of these patients have asthma, some are at risk for heart attack or stroke. Maybe they should just get another job. If only it were so easy. To expect that they could trade their livelihood for their health is neither realistic nor ethical. These patients know it, their families know it, the American Medical Association knows it, the Surgeon General knows it, Casino Aztar knows it too. They just won’t admit it. The science on secondhand smoke is clear. The harm in delaying action is tremendous. Regretfully the collective skill of Indiana’s legislature has managed the equivalent of striking out at wiffle ball by failing, yet again, to enact a comprehensive bill. The burden and the opportunity to act on behalf of every citizen of Vanderburgh County rests with you. Thank you.

President Winnecke: Thank you, Doctor.

Bob Murphy: I didn’t want to ruin my new coat. Bob Murphy, I’m a registered pharmacist. I tell you what, if you ever want to go after somebody like him, he’s the guy to go after, because I couldn’t have said it any better. It’s just funny, I’ll just take a couple of minutes, I won’t go over the facts. I’ve done that many times before. It’s just kind of funny, when you walk in here, the first thing you see as you walk in the building, what do you see? No smoking within 25 feet. Okay, what more do we need to know? How many people here know about asbestos? How many people, everybody knows about asbestos and the effects of asbestos on the lungs. If you have ever seen a building with asbestos and the process these people go through to remove the asbestos from the building, you would think you’re at a sci-fi movie. I mean, their gowns, their, you know, because they don’t want to get it, but yet we continue to let people smoke in Vanderburgh County in restaurants. I get a little nervous when I’m up here, because I’m so passionate, but I just applaud the fact that we’re looking at this issue again. I think for once, I really feel positive that it’s going to happen. It rests with you. As I said, you know, I’m not going to go over the facts, because I’ve, back in 1998 I got passionate about this, and was able to hold a little conference about trying to get people to stop smoking. That was back in 1998, yes, and we were assuming that maybe 50 people would show up. We had 300 people there. I thought, wow! People really want to quit, and they do. 90 percent of smokers want to quit. It’s just hard. I feel sorry for them. I smoked, and it’s not easy, but, I know better. It’s not about rights, it never has been. It’s a public health issue. Secondhand smoke is just as dangerous as smoking. So, I look forward to your vote on the 22^nd. Thank you.

President Winnecke: Thanks, Bob.

Joe Wallace: Good evening. I’m Joe Wallace. Two years ago Vanderburgh County Commissioners became one of the only elected bodies in the United States to ever reverse an anti-smoking ordinance. That decision reversed four years of progressive work that would have brought Vanderburgh County into the ‘90's in 2008. You’ll hear people talk about rights. There’s 30 states and about a hundred cities that have smoking ordinances. The Constitution has never been used to overturn one. The people who talk about a right to smoke are completely misinformed, and the courts have struck it down. Today I would like to thank you for revisiting this, having the courage to bring this back up after it was struck down. There are a lot of reasons for smokefree work place laws. You’ve heard a lot about public health, but what I would like to address is economic competitiveness and attractive lifestyle for young, educated professionals. Evansville and Vanderburgh County do not compete. I repeat we do not compete with Lynnville, Owensville or Monkey’s Eyebrow, Kentucky for economic opportunities. Our competition is not who can sell hamburgers to people at lunch, our competition is for economic prosperity that’s generated within and brought from other places. Our competition are our peer cities; Lexington, Louisville, as you heard from that doctor, Raleigh, North Carolina, the capital of tobacco road which the entire state is now smokefree, and Chattanooga, who recently got a Whirlpool expansion when our place was shutting down. In the 50's our competition was San Jose, Nashville and Phoenix, cities of all the same size of Evansville at that time, most of which are in the top ten in the country now. The Los Angeles Lakers don’t really care about the talent level of Harrison High School’s team. The big leagues compete against the big leagues. They play by different rules and they set the bar a whole lot higher. All of the big league cities restrict smoking, most of them do it comprehensively. If we don’t go that direction, we’re going to be a leader or a finalist on a project and it’s going to come down and it’s going to be Evansville or Chattanooga or Peoria or whatever, and it’s going to come down to that question of lifestyle. That executive will look at it and he will say can I attract 50 young, educated people to move to a place that allows public smoking when the other two who also qualified for the project don’t allow it? We’re going to lose those projects. We’re going to lose them every time that we compete with people who don’t do it. Now, for you people on the City Council who are thinking of running this year, you’re watching on television, this will be a key issue in 2011. You need to get on board and follow the leadership of your County Commissioners. When this comes up for a vote, it’s going to be a litmus test. If you block it and it doesn’t come up with a vote, it’s going to be a litmus test. You will pay at the polls in November if you don’t do this at the city level too. You like to say it’s the State, it’s not the State’s job to tell the urban areas how to compete with the rest of the world. Don’t use that as a bailout. The ones of you who celebrated the pact that you made to ignore the 73 percent of the people in this town who are in favor of a non-smoking workplace ordinance, you know, that looks very much to me when you’re going around high fiving yourselves, that it’s kind of hazardous to your elect ability. It reminds me of a fella that stood on the front of a ship with a big mission accomplished sign behind him to be high fiving and congratulating yourselves for not passing a smoking ordinance. Finally, congratulations, guys, I know how this vote’s going to go. I would like to encourage very much that this is a unanimous decision. Remember, lifestyle is what attracts talent. Talent will attract investment. Investment will attract these jobs that everyone needs, and these jobs are what builds the wealth and sustains a community. Thank you very much.

President Winnecke: Thanks, Joe.

Brian Kessler: Hello, my name is Brian Kessler, Director of Respiratory Care at St. Mary’s. On behalf of St. Mary’s Health System, our President and CEO, Tim Flesch, I’m here today to show our public support for the smoke banning for all public places. As a leader and a local health care facility we know all too well the effects that smoking and secondhand smoke can have on the body. While some make the conscious decision to smoke regardless of the dangers by continuing to allow smoking in some public facilities, non-smoking patrons are still being put at risk. Secondhand smoke kills children and adults who don’t smoke, and it makes others sick. Scientific evidence shows there is no safe level of exposure to secondhand smoke, despite a great deal of progress over the years. There is no risk free level of exposure to secondhand smoke. To show our support of this ban, St. Mary’s campus and all of our facilities have been smokefree since November 17, 2005. This amendment would benefit our entire community, not only today, but also provides protection for future generations. The scientific evidence is clear regarding the negative health consequences for involuntary exposure to tobacco smoke. We strongly urge you to vote in favor of health and well being for our community and all of its members. Thank you so much for your time.

President Winnecke: Thanks, Brian.

Sheila Seiler: Hi, my name is Sheila Seiler. I’m the Executive Director of the Susan G. Komen For the Cure Greater Evansville Affiliate. Just as cancer has no discernable boundaries, neither does secondhand smoke. Secondhand smoke doesn’t care what color you are, doesn’t care if you are a male or a female, or if you are a smoker or non-smoker. Smoke flows through the body causing damage much like a cancer does. Although we know that smoking causes lung cancer, not many people realize that secondhand smoke may also cause lung cancer. I have a cousin going through treatment for lung cancer right now and he’s never smoked a day in his life. However the rest of his family did. According to a 2005 report of the Environmental Protection Agency, and a 2011 study just completed by Komen Researches, it involved nearly 400,000 women nationwide, long term exposure to secondhand smoke has become a risk factor for a pre-menopausal woman in getting breast cancer. Maybe this is the reason why 21 years ago I was diagnosed as one of the youngest in the country of having breast cancer, and I’ve never smoked a day in my life, had no history of breast cancer in the family. I’ll never really know, but I did not smoke and my parents did. According to a 1993 study by the Centers for Disease Control, smoke filled rooms can have up to six times the air pollution of a busy highway. A 1986 report of the U.S. Surgeon General ventilation is not a viable alternative. That’s why we need this ordinance. That’s why I thank you for being proactive and taking this action to improve the lifestyles of Vanderburgh County. I thank you very much for being courageous enough to take this initiative, do it now, and not wait for what the State’s going to do.

President Winnecke: Thanks, Sheila.

Sheila Seiler: Thank you very much.

President Winnecke: Appreciate it.

Lindsay Grace: Hi, Commissioners. Thank you for allowing me to testify today. My name is Lindsay Grace. I’m here today representing the American Lung Association. I do live in Indianapolis, but we do serve the entire State of Indiana. We have a couple of programs here, including a Better Breathers Club, we provide radon kits for free to your Health Department, etcetera. Of course, our board is supportive of this. I’m going to read a brief letter on their behalf:

“Dear Commissioners, on behalf of the American Lung Association and the Indiana Board of Directors we are writing to urge your support of a comprehensive smokefree ordinance for Vanderburgh County. The American Lung Association supports the right of all Vanderburgh County residents and workers to breathe smokefree air in public places and work sites. Exposure to secondhand smoke causes many of the same tobacco related diseases and premature death as active smoking, including increasing nonsmokers’ heart disease, stroke and cancer risk. Right here in Indiana 1,240 adult non-smokers die every year from exposure to secondhand smoke. That’s nearly four Hoosiers every day.”

The other gentleman had comments that were very specific to Vanderburgh County.

“Not only is exposure to secondhand smoke in the workplace dangerous to health, it’s costing communities across Indiana millions of dollars. A 2009 study that was talked about earlier Bowen Research Center at IU School of Medicine concluded that secondhand smoke costs our State $390 million a year, or $62 a taxpayer. The Indiana Chamber of Commerce recently released their legislative priorities for 2011. Amongst education reform and economic development, the Chamber has prioritized making all workplaces in Indiana smokefree. They stated, “Support total ban on smoking in the workplace. Smoking is detrimental to employee health and productivity and contributes to higher premiums for businesses providing health benefits.”

Just to touch on that, you’ve heard a lot of talk tonight about the Statehouse and what’s going to happen there, I think we all know that it did pass the House and it has moved over to the Senate, but the Indiana Chamber Associations of Cities and Towns and the Indianapolis Chamber have been very big advocates at the Statehouse. So, I hope your Chamber of Commerce is also supportive of this issue.

“Smokefree laws are good for health, good for the economy and widely supported amongst Indiana voters. Two recent polls, one a poll of rural Hoosiers in four Indiana counties and the other a State-wide poll, both concluded that 66 percent of adults would support requiring all workplaces, including restaurants and bars, to be totally smokefree.”

I think those numbers actually poll higher here in the metropolitan area.

“The American Lung Association believes that smokefree air ordinances are a public health issue and governments have the right and responsibility to enact them for the health benefits of all employees and residents. At this time, more than half the United States population benefits from laws that require workplaces, including bars, to be smokefree. The American Lung Association Board of Directors urges your support of the strongest possible smokefree air ordinance that eliminates employee exposure to secondhand smoke in the workplace. Thank you for your consideration.”

Signed William B. Stephan.

President Winnecke: Thank you, Lindsay.

Lindsay Grace: Thank you for your time.

President Winnecke: Thanks for coming down.

Brad Wilhelm: Good evening. My name is Brad Wilhelm. I’m from Monroe County. I’m from Bloomington, and I work with the good folks here in Vanderburgh County on this issue with the youth group that you just saw. I just would like to say that since 2005 Monroe County has done exactly what you’re doing here today, and also Hancock County has done this very same thing. You know, Hancock is a pretty conservative county and Monroe might be classified as a pretty liberal county, but we have seen no decline in business in bars, private clubs, donations from social service organizations to those, from those organizations that rely on bingo or any other kinds of things that you are going to hear testimony that it’s going to hurt those things. That has just not happened in either county and it’s not going to happen here in Vanderburgh County. Thank you very much.

President Winnecke: Thanks, Brad. Anyone else? Commissioner? Okay, we have a motion on the floor to approve in the first reading. I don’t know that I have anything–

Commissioner Melcher: I think we already had the motion.

President Winnecke: Yeah, I’m just saying that it’s on the floor.

Commissioner Melcher: Okay.

President Winnecke: Yeah. I think anything I could say would be repetitive. I thank everyone for coming out. Roll call vote.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Basically, my stance over the years is already out there. I think I represent some of the people too, and I’ve also had a lot of people talk to me about this, and everybody needs to understand this is just outside the city limits. So, people like St. Joe Tavern, St. Wendel and the American Legion Post Three, sorry that’s mine, American Legion Post Eight is going to be affected. If we’re going to pass one, I would like to see one passed unanimously by the city and county. We worked hard on this ordinance for years in the city. It’s very passionate on both sides, and when it came down to it we thought we had an agreement with both sides of how it was going to go down and then at the eleventh hour the County Commissioners changed it and went with the one they went with at the time to be effective, I think, January 1, 2009. That put the city and county kind of in competition. At the same time Henderson lowered theirs, they went totally smokefree then they changed theirs to match Evansville. Then Gibson and Posey and Warrick was supposed to file suit and they never did. I wished there was some way we could try to get them on board too. I’m just trying to keep everybody on the same playing field. So, I vote no.

Madelyn Grayson: President Winnecke?

President Winnecke: This is an issue of public health and economic development. I vote yes. So, I show it two to one on first reading. It will be considered passed after our second reading on November, February 22^nd.

(Motion approved 2-1. Commissioner Melcher opposed.)

President Winnecke: Thank you for everyone who came out to speak tonight.

President Winnecke: Next we have board appointments. Several of them, I will read them and please catch me, Commissioners, if I–

Commissioner Melcher: We’re not doing Electrical Board.

President Winnecke: Okay. Central Dispatch, appointing JoAnn Smith; the Disability Services Advisory Board, Jenny Dewey ; the ITAC Board, that’s the Information Technology Advisory Committee, Commissioner Abell; the Old Courthouse Foundation, Commissioner Abell, Roger Lehman, Dave Rector, Mary McCarthy, Brian Hayden, Ted Ziemer IV, Nancy Drake, with a “D”, Marissa Nichoalds from our office, and Larry Bristow. The MWBE, Holli Sullivan. I make those in the form of a motion.

Commissioner Abell: Second.

President Winnecke: A motion and second. Roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Any new business to come before the Commission tonight?

President Winnecke: Any old business?

President Winnecke: Public comment on any issue? Hearing none.

President Winnecke: We do have a consent agenda. I would consider a motion to approve the consent agenda.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Madelyn, would you provide the dramatic reading please?

Madelyn Grayson: The consent items for the February 8^th meeting are as follows; approval of prior minutes, the January 25, 2011 Commission meeting minutes, the February 8, 2011 Executive Session summary minutes; employment changes, there are none for the Commissioners approval this evening; the Sheriff has approval of payment for repairs to Sheriff’s cruiser; the equitable sharing agreement and certifications for the Drug Task Force, County Prosecutor’s Office, and County Sheriff’s Office; the County Commissioners have a Tess Grimm proclamation; the County Auditor has the January 2011 A/P vouchers, an affidavit regarding certification of employment, covered bridge certification and Barrett Law lien releases for Oak Hill, Aabel’s Park and Mill Terrace Barrett Law projects; the Public Defender Agency request for reimbursement to the State Public Defender Commission; County Treasurer December 31, 2010 year-to-date report; the County Engineer pay request number 121 for TIF projects in the amount of $33,110.24, and the transfer of county vehicle, a 2000 Ford pickup truck to the County Highway Department; there are surplus requests from the County Assessor and the County Prosecutor for various office equipment and furniture; and there are department head reports from the County Engineer and the Ozone Officer.

President Winnecke: Very good. Roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: I vote yes. I just want to go on record as saying Aabel’s Park I have no part in.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: I don’t have any money on it. So I vote yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: Next we have a final rezoning, VC-3-2010, excuse me, finally we have a rezoning. Final reading of VC-3-2010, the petitioner Gabriel L. Schroeder, 6011 New Harmony Road. Hello.

Janet Greenwell: Hi, Janet Greenwell with Area Plan Commission. Mr. Schroeder came to our meeting in January with a request to rezone the old Alpine Hotel building on New Harmony Road. It’s zoned agricultural. He’s trying to zone it to R-3 to get it into compliance with current zoning ordinances. The Plan Commission voted unanimously at their January 13^th meeting to approve, to recommend approval by this body.

President Winnecke: Any questions? Hearing none, I would consider, entertain a motion to approve.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: A motion and a second. Questions or discussion? Hearing none, roll call vote please.

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes.

(Motion approved 3-0)

President Winnecke: No other business before us, I would entertain, oh, I forgot one thing. I wrote on every piece of my agenda, our students tonight. If you could introduce yourselves. Turn your microphone on and give your name and the school that you attend.

Rebecca Reidford: I’m Rebecca Reidford from Reitz Memorial High School.

Anna Loehr: I’m Anna Loehr from Memorial.

Caleb Heiman: I’m Caleb Heiman from North.

President Winnecke: Okay, thanks for coming out tonight. You got more than you probably bargained for. I would entertain a motion to adjourn.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: We stand adjourned.

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

CONSENT ITEMS:

Commissioners:

Approval of the January 25, 2011 Commission Meeting Minutes.

Approval of the February 8, 2011 Executive Session Summary Minutes.

Tess Grimm Proclamation.

Employment Changes:

Prosecutor (1)                           County Clerk (1)             County Assessor (1)

Sheriff: Approval of Payment for Repairs to Sheriff’s Cruiser.

Prosecutor: Approval of Equitable Sharing Agreements and Certifications for

Drug Task Force, Prosecutor’s Office and Sheriff’s Office.

Auditor:

January 2011 A/P Vouchers.

Affidavit Regarding Certification of Employment: John Stoll as County Engineer.

Covered Bridge Certification.

Barrett Law Lien Releases: Oak Hill, Aabel’s Park and Mill Terrace.

Public Defender:

Request for Reimbursement to State Public Defender Commission.

County Treasurer: December 31, 2010 Year-to-Date Report.

County Engineer:

Pay Request No. 121: Green River-Burkhardt TIF Projects.

Transfer of County Vehicle: 2000 Ford Pick up to County Highway.

Surplus Request Letters:

County Assessor: Various office equipment and furniture.

County Prosecutor: 1 table, 3 shelf bookshelf, 1 chair.

Department Head Reports:    County Engineer                       Ozone Officer

Those in Attendance:

Lloyd Winnecke                        Marsha Abell                            Stephen Melcher

Joe Gries                                  Ted C. Ziemer, Jr.                    Marissa Nichoalds

Madelyn Grayson                     Rusty Fowler                            John Stoll

Brad Mills                                  Pat Keepes                               Russell Lloyd, Jr.

Mike Lockard                            Eldon Maasberg                       Dave Rector

Bill Fluty                                    Matt Arvay                                Tyrese Morris

Temiah Cooper                         Nadine Coudret                        Cathy Engel

Tony Schmitt                            Thomas Stratton                       Bob Murphy

Joe Wallace                              Brian Kessler                            Sheila Seiler

Lindsay Grace                          Brad Wilhelm                            Rebecca Reidford

Anna Loehr                               Caleb Heiman                           Janet Greenwell

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Lloyd Winnecke, President

Marsha Abell, Vice President

Stephen Melcher, Member

(Recorded and transcribed by Madelyn Grayson.)