VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

JANUARY 6, 2009

The Vanderburgh County Board of Commissioners met in session this 6^th day of January, 2009 at 5:00 p.m. in room 301 of the Civic Center Complex.

Commissioner Tornatta: Good evening. We would like to call the Vanderburgh County Board of Commissioners meeting to order.

Commissioner Tornatta: Attendance roll call.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Here.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Here.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Here.

Commissioner Tornatta: Leading us in the Pledge of Allegiance today is Susan and Steve Harp. Is Steve here? Okay, there you are, and Evie, the dog.

(The Pledge of Allegiance was given.)

Commissioner Tornatta: Yeah, Susan, if you don’t mind coming up? Just kind of breaking away from our priorities right now. We would just like to, tell us a little bit about what Evie’s done and what you’re doing, and Steve’s doing–

Susan Harp: Okay.

Commissioner Tornatta: –and then, without giving away too much.

Susan Harp: Okay, we’re glad to be here, because it’s a nice way to start out 2009, because we want to have a litter-free community. That’s what Evie’s job has been the last, well, she’ll be two years old Monday. But, her job has been to go around to the area schools and educate the children about why litter is wrong and how it harms our community. At this time last year Mary Scheller, Keep Evansville Beautiful staff member, and my husband, Steve, and Evie have visited over 22 schools, public, private and parochial. They have seen around 2,700 children, and that’s just within the schools. There is a curriculum that we have given to the schools, they have a song that they sing with Evie, they are given litter bags, book marks to encourage them to pick up litter and to remember to pick it up and to keep it up. The other events that Evie has been to, she’s been to every community event that has an opportunity for us to meet children and adults, to encourage them not to litter. She was a recipient of the Hero of the Year award from the Red Cross, and Leadership of Evansville. So, we’re really doing a great job with the Evie program. She will be turning two years old next Monday, and I’m going to let Ann Ennis tell you a little bit about that.

Commissioner Tornatta: Okay.

Ann Ennis: Hello, I’m Ann Ennis, I’m the Executive Director of Keep Evansville Beautiful. Thanks so much for inviting us here today to have Evie lead the pledge. As Susan said, Evie is celebrating her second birthday next Monday at 3:00 with the song being sung at 3:30 at Fifth Third national, or Fifth Third bank downtown on the 15^th floor. This is suitable because Fifth Third is the sponsor of Evie and is the entity that has made this puppy possible for the community. Because Keep Evansville Beautiful doesn’t get any government money, and we’re unique in the United States as agencies like this to be functioning totally with private money, it’s really important to have mascot’s like Evie, people like the Harp’s, and sponsors to help us get this litter cleaned up and get the sense of civics instilled in our students in the community. It’s been a great year. We’ve got a very big announcement that we’re going to be making next Monday, so we hope you can join us for the birthday party.

Commissioner Tornatta: Alright, Monday at what time again?

Ann Ennis: 3:00.

Commissioner Tornatta: Okay.

Ann Ennis: With the cake being cut at 3:30.

Commissioner Winnecke: That would be at Fifth Third bank.

Ann Ennis: Fifth Third. I’m sorry.

Commissioner Tornatta: Susan, one question. You’ve been contacted from other communities–

Susan Harp: Yes.

Commissioner Tornatta: –trying to find out about Evie. Tell us what Evie stands for?

Susan Harp: Okay, Evie, E-V-I-E. I originally named her short Evie for Evansville, but then when I got to the end of writing the book, I realized that I could make a, it’s called a backronym, because you’re working backwards of her name. E stands for every, V stands for volunteer, I stands for is, E for essential. Every volunteer is essential in keeping our community beautiful. When we were at this place, a very prominent place in the Nation, to get an award, people were thrilled with what they saw. Forty states were represented, and people from all over have come to us wanting to copy a program like us. Las Cruces, New Mexico has just purchased, or someone donated a little Labrador puppy, and they are starting the program. Theirs is combined with animal control, DMD, the police department, and the Las Cruces, Keep Las Cruces Beautiful, all four, this guy heads like four, he holds four positions with those organizations. They are going to do this program there. So, and we’ve been asked to come different places and share what we do, because everybody thinks it’s a winner.

Commissioner Tornatta: You’re keeping Steve on the road?

Susan Harp: Yes, we’re keeping him busy.

Commissioner Tornatta: Okay, good.

Susan Harp: So, he doesn’t have anything, you know.

Commissioner Tornatta: Well, thanks for sharing the pledge with us.

Susan Harp: Thank you for inviting us. Okay, and don’t litter. We could, real quick, just real quick, we could just hide a little piece of litter behind Mr. Fluty here. Not that you would litter, Mr. Fluty. But, just wad up a little piece of paper and drop it back there.

Commissioner Tornatta: He’s a natural.

Susan Harp: I’ll let her (Inaudible). She was deputized. Sheriff Eric Williams–

Commissioner Tornatta: Oh, she was deputized by Sheriff Eric Williams?

Susan Harp: She’s an honorary Deputy. She will (Inaudible).

Bill Fluty: I’m waiting.

(Evie proceeded to move around the room looking for the litter.)

Commissioner Tornatta: Okay, we’re clear there. I bet that cameraman is having a tough time following her.

(Applause as Evie finds the litter and retrieves it.)

Susan Harp: Thank you, Sheriff.

Bill Fluty: I need that back.

Ann Ennis: I’m sorry. This has been the most amazing adventure with this puppy, and what this family has done for the community. You’re going to see a lot more of Evie in the next year.

Commissioner Tornatta: Thank you very much.

Commissioner Tornatta: Alright, we’re going to start our action items. Let’s see, we’re going to approve the prior meetings minutes of 12/16/08 Commission meeting, 12/23/08 special joint meeting with Board of Public Works, and 12/23/08 special Commissioners meeting. Since, it’s a special case, I’m going to make the motion, second it, and roll call vote, Madelyn.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Yes. Thank you. Okay.

(Motion approved.)

Commissioner Tornatta: Alright, we have election of officers. Election of President?

Commissioner Melcher: I would like to move that Troy Tornatta be President for the year 2009.

Commissioner Winnecke: Second.

President Tornatta: Any discussion? Roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, I would like to appoint Steve Melcher as Vice President for the year 2009.

Commissioner Winnecke: Second.

President Tornatta: Any discussion? Roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, appointment of a legal firm.

Commissioner Winnecke: Mr. President, at this time I would move that we name David Miller and the firm of Ziemer Stayman Weitzel and Shoulders to be the County Attorney.

President Tornatta: I have a motion.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. Any discussion? Roll call.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, the, we’re going to have a first and final reading on CO.01-09-001, an ordinance setting 2009 meeting dates. I need a motion to waive the second reading.

Commissioner Winnecke: Mr. President, at this time I would make a motion that we waive the second reading.

Commissioner Melcher: I’ll second it.

President Tornatta: Any discussion? Roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: I vote yes. It passes.

(Motion approved 3-0)

President Tornatta: Okay, we need a motion to approve the ordinance.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

President Tornatta: Any discussion? Roll call vote, please. Oh, sorry.

Commissioner Melcher: Is there any public....okay.

President Tornatta: With no public comment. Roll call.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Okay, we’re going to skip the ordinance, to make room for the amended smoking ordinance, and go down to the second and final reading of CO.12-08-022, ordinance amending ordinances regarding licensing, certification, administration and enforcement of construction businesses and occupations. Let’s get a motion on the floor and then we can have discussion.

Commissioner Winnecke: So moved.

President Tornatta: I take–

Commissioner Melcher: Second.

President Tornatta: Yeah. Alright, a motion and a second.

Dave Balew: Thank you. I am Dave Balew, representing the Building Commission. I was really hoping Roger would be here.

President Tornatta: Sorry, Dave.

Dave Balew: What you have before you is an ordinance amending fees for permits, setting up a standard for the citations, on page three there, I believe. Do you just want to go into, when we go into court, you know, we have a set standard.

President Tornatta: Okay.

Dave Balew: I think the employees are, amend wording for the, allowing a building contractor, commercial contractor to be able to do roofing. Also, a roofing contractor would not be able to do building, but somebody holding a general permit, same way with the residential contractor, would also be able to do roofing.

President Tornatta: Dave, did Roger say anything about maybe ways to deal with the contractors if they did not pay their fine?

Dave Balew: No, nothing was mentioned to me about it. You know, we do go to court and just, you know, take them in front of a judge.

President Tornatta: Right, but we have a group of contractors, maybe not local, that have not paid their fines, is that correct?

Dave Balew: I’m sure there are some, yes.

President Tornatta: Okay.

Dave Balew: I apologize, you know, for the county I haven’t seen a whole lot of issues on that. So, I personally follow up with the city more.

President Tornatta: Okay. This is open to Commissioners, but one thing I would like to see is that we have a measure by which we can hold people’s feet to the fire if they have overstepped, or have a code on them and a fine against them, that they pay that fine before we give that building or sign off on the building. You would give, actually you give a checklist or a punch list weeks in advance–

Dave Balew: Well–

President Tornatta: –of taking a building? Just depending on what the timing is?

Dave Balew: Yeah, it’s not always weeks in advance, but, you know, as soon as we can, you know, we get it, and, you know, like most construction work, everybody wants it done yesterday. So, but, we will hold up, you know the C of O until all the proper fines have been paid. You know, that’s one way we do our little system of checks and balances on that.

President Tornatta: To your knowledge there’s nothing in this ordinance that would lead us to think that we could hold their feet to the fire and not sign off on a building?

Dave Balew: Not more than what we’re doing now, per policy.

Ted C. Ziemer, Jr.: Commissioner Tornatta, that was not one of the amendments made. It could, you know, there could be a future amendment to the ordinance.

President Tornatta: Could be a future amendment?

Ted C. Ziemer, Jr.: Certainly.

President Tornatta: Okay.

Ted C. Ziemer, Jr.: But, we just need to determine, you know, to what extent we want to amend it, and how we want to go about enforcing those. But, none of the amendments addressed in this current ordinance deal with the subject that you’re talking about.

President Tornatta: I have no problem with a future amendment, if that is something that we would like to address with Roger.

Commissioner Winnecke: I think that merits further discussion with the Building Commissioner.

Dave Balew: He’s going to probably be here in about ten minutes.

President Tornatta: Okay.

Dave Balew: If you have any further questions, or I can talk to him afterwards.

President Tornatta: We can either hold it and amend it now, or set it up for amendment at a later date, which is probably the better way to do it.

Commissioner Winnecke: I would suggest that we go ahead and act on this proposed amendment to the ordinance, and if we need to circle back and offer further amendments later, we can have it drafted properly and bring it back before us.

President Tornatta: Commissioner?

Commissioner Melcher: I agree. I just looked at the attorney when he jumped in. Because I was going to get his opinion.

President Tornatta: Alright, we have a motion and a second. Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Thank you, Dave.

Dave Balew: Thank you.

David Miller: Mr. President?

President Tornatta: Yes?

David Miller: I might say that there is probably a way for the Commissioners to seek, or the Building Commission to seek contempt of court, failure to pay the fine, and that would not require any amendment to the ordinance. If the fine is levied and not paid, there are ways to pursue that.

President Tornatta: Okay. Maybe what we could do is work with Roger to try and address one of the two ways, to make sure that we’re getting our fines, if that’s the case, and we’re taking care of the people who are not doing business correctly, by our code.

Dave Balew: We are doing that now. You know, if we do not, you know, excuse me, if we have proper service, you know, and they don’t show up to court or something like that–

Commissioner Melcher: There’s Roger.

Dave Balew: Oh, now you come in. But, yeah, that is being followed up with that.

President Tornatta: Okay, we’ll address that. If you could convey that to Roger, okay?

Dave Balew: Okay.

President Tornatta: Thank you.

President Tornatta: A request for extension for the payment of back taxes. The first one is 1318 North Second Avenue, the second one is 214 South New York Avenue, and the third is 206 South Grand Avenue. All these taxes, if they are extended would be paid before March 1, 2009.

Commissioner Winnecke: Mr. President, I would move that we grant the extensions to the aforementioned date for those three properties.

Commissioner Melcher: I’ll second.

President Tornatta: A motion and a second. Any discussion? Roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: It passes.

President Tornatta: Okay, we’re going to go to contracts, agreements and leases. Keep in mind all these contracts, agreements and leases have been approved by the County Attorney.

Commissioner Melcher: Mr. President, I would like to hold the one for WNIN until next week.

President Tornatta: Okay.

Commissioner Melcher: I just want to check on a couple of items. So, if we need to have a motion, I’ll make that a motion.

President Tornatta: Okay, let’s just do the Commissioners agreement with WNIN televising county meetings. This is just to make sure, since Commissioner Melcher is new on the scene, that he is comfortable with the contract. So, he wants to have a motion to table.

Commissioner Winnecke: Second.

President Tornatta: Roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright.

Ted C. Ziemer, Jr.: Excuse me, Mr. President. Commissioner Melcher, if you would let us know, you know, early what your concerns are, if this is something we can help you with, you know, we’ll be happy to do that.

Commissioner Melcher: Yeah, basically it’s the fee.

Ted C. Ziemer, Jr.: There may not be anything we can do about that.

Commissioner Melcher: Well, might not be, but I believe we can.

Ted C. Ziemer, Jr.: No, no, I meant the attorneys. I’m sure you can do something about it, but I don’t think we can.

President Tornatta: Okay, number two, Commissioners semi-annual Old Courthouse HVAC maintenance agreement with J.E. Shekell.

Commissioner Winnecke: Mr. President, I move approval.

Commissioner Melcher: I’ll second it.

President Tornatta: Any discussion? Roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Right, number three, 2009 County Attorney’s contract with Ziemer, Stayman, Weitzel and Shoulders.

Commissioner Winnecke: Mr. President, I’ll move approval.

Commissioner Melcher: I’ll second.

President Tornatta: Any discussion? Roll call, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Our fourth, the Commissioners, extension contractual services agreement, amendment number one. And, I believe that’s with the Purdue Extension for $72,934, and that was approved by the County Council.

Commissioner Melcher: That’s what was in the County Council e-mail from the attorneys?

Ted C. Ziemer, Jr.: Yes.

Commissioner Melcher: I’ll move for do pass.

Commissioner Winnecke: Second.

President Tornatta: Any discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, department head reports. John Stoll, County Engineer, is he around? Good evening, John.

John Stoll: Good evening. I’ve got one item this evening. It’s a change order on the Cross Pointe Boulevard project. This is for an increase of $1,076.74. It covers various increases and decreases for 11 different items in the contract. There is sufficient funds to cover the $1,100 increase.

President Tornatta: Alright. Do I have a motion?

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

President Tornatta: Any discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Anything else?

John Stoll: That’s it.

President Tornatta: Have a great day.

John Stoll: Thank you.

Commissioner Winnecke: Thanks, John.

President Tornatta: Alright, board appointments. I’m going to list, very quickly, the board appointments of the Commissioners. These have all been approved by the Commissioners. I will take Central Dispatch, Coalition to End Homelessness, Domestic and Sexual Violence and the Economic Development Commission. Commissioner Melcher will take Evansville MPO, the Mayor’s Educational Roundtable, Disaster Resistance Community Corp and Community Corrections and the Public Defenders Office. Commissioner Winnecke will take the Old Courthouse Foundation, ITAC, GAGE, and Area Plan. We also, let’s take the rest of them and then we’ll make a motion on all, if that’s okay? The Alcoholic Beverage Commission, Frank Daugul will serve for us; the Building Authority Board of Trustees, Dan Tuley; Domestic and Sexual Violence, Holly Dunn Pendleton, Lori Hahn Cornelison, and Laura Symon; EARC, our trusty friend Bill Nix will serve on that, an extension from last year; Four Rivers RC&D, David Ellison; Human Relations Commission, Erika Taylor; Library Board of Trustees, Dr. Bob Reed; Polling Place Advisory Committee, Bill Bennett, Mark Foster, Roberta Heiman, Connie Carrier, Tony Bushrod, Ken Lefler and Rob Faulkner; Redevelopment Commission, Dave Abbott, Chuck Whobrey, Jim Wills, Sr., Kirk Knight, and Bob Musgrave. I believe we have one other one that’s not on this list and that’s the–

Commissioner Winnecke: The Electrical Board, and I would add, nominate Jim Rexing, Jerry Goedde and Randy Breivogel.

President Tornatta: And will somebody make that in the form of a motion?

Commissioner Melcher: I will. I’ll make a motion we accept them.

Commissioner Winnecke: Second.

President Tornatta: Any discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Okay, any, let’s go back up to the top here. First reading, CO.01-09-002, ordinance amending non-smoking ordinance. Alright, section one provides for deleting the sunset date of January 2, 2009 for the exemptions regarding bars or taverns and certain businesses and clubs. Section two amends the exemption for vehicles used by employees while in service of an employer when the vehicle is occupied only by the employee by providing that the exemption does not apply to buses and taxi cabs. This would eliminate the driver of the cab or bus smoking in the cab or bus when there are no passengers, ie: no one could smoke in taxi cabs or buses. This is the first reading, if we could get a motion.

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

President Tornatta: And I will second it. We will have discussion from the board. We can come back to the board if you would like to? Okay. We’re going to take public comment on this particular ordinance and would welcome anybody. We will have a two minute limit, not only for the audience members, but for the Commissioners today. We will also, when this comes back out, which I believe is next Tuesday, on the 13^th, we will allow for public comment on that date as well. We will have a minute, you’ll be down to a minute, then you’ll be down to 30 seconds, and then there will be something held up to tell you stop. If we can all be orderly, and, obviously, we’re going to have people on both sides, just respect one another’s efforts, why they came out here, as we want to hear you. We hope that there’s mutual respect, not only from this Board to the public, but throughout the public. So, if that’s all understood, we’d ask that the, if somebody wants to start, come up here, give your name and address. We would enjoy hearing from you.

Gene Maxwell: Mr. President, Commissioners, my name is Gene Maxwell. I live at 2804 North Garvin Street, Evansville. But, I’m here as the Commander of American Legion Post Eight, 6001 New Harmony Road, and representing my 400 plus veterans, about 100 auxiliary, and probably about 40 or 50 sons of the legion. These gentlemen and ladies have served their country well. They were given cigarettes in their rations, most of the World War II veterans. They pay dues to belong to this organization. They own the building. They think it’s theirs, and they would like to be able to come in, smoke a cigarette, have a beer, and tell lies about their war experiences with their brothers. Thank you.

President Tornatta: Thank you, Gene.

Tony Schmitt: Hi, my name is Tony Schmitt. I live at 3130 Waterman Drive, the west side of Evansville. I’m a respiratory therapist, and I deal with lung disease everyday. While I respect the gentleman’s wishes, what we don’t understand is, is that lung disease is not something you see today, or tomorrow. We’re going to see it 20 years from now. I’m 50 years old and I’m ready to retire, but I see COPD everyday. We know what it costs everybody to treat COPD, Chronic Obstructive Lung Disease. When you have emphysema and bronchitis, you have difficulty doing the daily things that we take for granted; going to the bathroom, fixing your own meals, being able to walk outside to get your mail. I think it’s very important, when you consider changing the regulation as it is, that you consider not only what you’re doing to the public right now, but the public in the future. I have an article, if I can give it to you?

President Tornatta: Absolutely.

Tony Schmitt: Okay, I have an article that doesn’t even address first hand and second hand smoke. It actually addresses third hand smoke. They found that over 4,800 different types of chemicals remain in carpet, clothing, draperies, whatever, hours and hours and hours, if not days, afterwards. Over 60 of these produced, excuse me, produced cancer. So, it’s very important that we consider not what’s going to happen today, and who might or might not close because of the fear, but the reality, statistics prove people don’t close. It doesn’t happen. So, I would like to give you the article, if you don’t mind?

President Tornatta: Absolutely. Madelyn, we’ll enter this in the record.

Tony Schmitt: Thank you.

President Tornatta: Thank you, Tony.

Patty Avery: Hi, I’m Patty Avery. I’m a resident of Vanderburgh County and a volunteer for the American Cancer Society. It’s in that capacity that I’m here tonight. On January 2, 2009, Vanderburgh County became a safe place to work, no matter what your job. On that date exemptions to the 2007 smoking ordinance lapsed, and membership clubs, bars and taverns became smokefree. I’m here to urge you to leave this already passed ordinance alone. By making all work places smokefree, you’re protecting the health and savings the lives of all individuals who work in Vanderburgh County. The 2006 U.S. Surgeon General’s report was unequivocal. There is no safe level of exposure to second hand smoke. Even brief exposure has immediate adverse effects on the cardiovascular system, and increases the risk for heart disease and lung cancer. Each year, second hand smoke kills 3,000 non-smokers from lung cancer, and another 35,000 to 45,000 from heart disease. Based on this data, it’s clear the only way to avoid the harmful effects of tobacco smoke in public places is to completely eliminate it. The report acknowledges that there is simply no such thing as a non-smoking section. Second hand smoke is a serious health issue, especially for restaurant and bar employees. Food service workers are actually 50 percent more likely than the general population, than the general non-smoking population to develop lung cancer, largely because of the second hand smoke they inhale on the job. As my time is coming to a close, the American Cancer Society supports effective smokefree workplace laws that protect workers health and save lives. I would urge the Vanderburgh County Board of Commissioners to leave this ordinance in place, and allow all workers to avoid having to choose between their health and their paycheck. Thank you.

President Tornatta: Thank you, Patty.

Courtney Johnson: Good evening.

President Tornatta: Good evening.

Courtney Johnson: My name is Courtney Johnson, and I’m a youth volunteer at the C.K. Newsome Center and a college student. I’ve received the information, you have received the information, so please don’t ignore the evidence. Thank you.

President Tornatta: Thank you, Courtney.

Sherri Hurt: Hi, I’m Sherri Hurt. I’m a chronic disease program nurse with the Vanderburgh County Health Department. I would just like to try one more time to help everyone understand that it is nothing more than a very serious health issue. First of all, I would like just to present that second hand smoking causes cancer. We’re not talking about people smoking, we aren’t trying to eliminate people’s choice to smoke. We are trying to protect people who choose not to smoke, that are subjected to known carcinogens. It has been classified as a known human carcinogen by the U.S. Environmental Protection Agency, the U.S. National Toxicology program, and the International Agency of Research of Cancer, which is a branch of the World Health Organization. It is classified as a group A carcinogen, which is a designation which means it’s sufficient evidence that the substance does cause cancer in humans. The group A designation has been used by the EPA for only 15 other pollutants, including asbestos, radon and benzine. You’re probably all familiar with the ban on asbestos. We’ve gone to a great deal of cost to eliminate it from the environment, because it’s harming people that inhale it unknowingly. The research indicates there is currently 10,000 deaths reported per year as a result of the asbestos exposure. For second hand smoke exposure, the estimate is 53,000 deaths per year. There’s really no comparison. The country acted immediately, at great expense, to protect us from asbestos. The cost to save us from the dangers of exposure to second hand smoke is zero, and we could save up to 53,000 lives a year. I feel like that deserves consideration. Thank you.

President Tornatta: Thank you, Sherri.

Catherine Engel: My name is Catherine Engel. I’m a resident of Evansville. I’m the Vice Chair of the Board of the Vanderburgh County Public Health Department, and I’m part time assistant professor at the IU School of Medicine in Evansville. I first would like to than Lloyd Winnecke for public support of keeping the smoking ban ordinance comprehensive. It’s my wish that Mr. Tornatta and Mr. Melcher would have the same opinion. I know that both of you have read or heard all the evidence that second hand smoke is unhealthy. That evidence continues to grow, as you’ve heard tonight. There’s more data almost everyday. There’s more information on how second hand smoke is not healthy. You’ve heard from the physicians, you’ve heard from bar owners who have gone smoke free, you’ve heard from numerous organizations and businesses who have signed a resolution to keep the comprehensive ban. It’s really amazing to me that this is even on the table tonight. You’ve ignored the recommendation of the Health Department, the Vanderburgh County Health Department that is, it doesn’t seem that, how you can completely ignore their resolution. You seem concerned that the county ordinance is not the same as the city ordinance. You should be proud that you could provide the leadership and to help educate the community that smokefree is the way to go. It is the healthy way to go. If you could stand and say keep this ordinance comprehensive, it shows leadership and helps educate the community that second hand smoke is harmful, and that you want to protect the workers in all public places, and provide economic opportunities that benefit from smokefree communities. You have the opportunity to be true leaders and let the others follow your example, rather than kowtowing to the minority. Please reconsider the health consequences of your action before you make a decision to take away the comprehensive ban. Thank you.

President Tornatta: Thank you. Anybody else?

Jimmy Funkhouser: Hi, my name is Jimmy Funkhouser. I live at 1937 East Gum Street. Let me first say that I’m not here representing any organizations, or any interests. I actually used to be a bartender at American Legion, but I’m not representing them either. I have no statistics, I have no medical degree, I have no other interests other than expressing my deep concern that this is a discussion. That there is dialogue going on regarding something that’s such a health concern for the public. I used to live in Ft. Wayne, Indiana, and they, as you’re probably aware, have passed a similar smoking ban in their community. I recently moved back to Evansville about three months ago and was almost floored when I read in the paper that this was a discussion at the public level and that there were concerns that this ban might not continue. With all due respect to anyone that may smoke in the room, I’m really asking you to do nothing more than stand up, remove yourself from the room and go outside and smoke. Common decency. I won’t profess to have, like I said statistics, reasons, other than decency. That’s all I’m asking. I understand the conservative argument about controlling businesses from the government, but if I were to walk into a restaurant and start a campfire at the table and smoke everybody out, you might have an issue with it. But, the fact that somebody’s fire is contained in a cigarette makes that okay? I don’t get that. I don’t get that. You know, the government says we’re going to make you cook your meat to a certain degree for public health. Why? Maybe because nobody’s addicted to that meat. Maybe that’s why the cigarettes are an issue. Maybe that’s where the outcry comes from. I’m just frustrated. You know, like I said, I’m not here representing anybody really, except for the people that I have this discussion with. I hope you take that into consideration. Thank you.

President Tornatta: Thank you, Jimmy. Anybody else? If you don’t get to talk tonight, or don’t want to come up, you can come up next week.

Commissioner Melcher: They could even e-mail us.

President Tornatta: Right, we’ve received quite a few e-mails. So, you can call the Commissioners office and get an e-mail on that. Okay, we have a motion and a second.

Commissioner Melcher: I’ll make the motion.

President Tornatta: You, we have a motion and a second.

Commissioner Winnecke: Are we going to have some discussion at this level?

President Tornatta: We sure can. Sure. Sorry.

Commissioner Winnecke: Thank you. I think this motion is a regressive move for our community, not just from a health standpoint, but from an economic development standpoint as well. Site selectors who work for industries and businesses that are looking to move companies look for progressive communities that are conscious about their health and their well being. Specifically, they seek out communities that are smokefree. I think if you look at any number of stories on-line about the correlation between a decrease in heart attacks after smoking bans have been in place, it’s pretty impressive. I think the arguments are compelling. What I would like to see this body do is not vote on this tonight. In think we have, while I think the three of us do agree that a common city-county ordinance on this issue is important, we obviously disagree on how to get there. I think we should not vote on this at this time. I think we should sit down with our colleagues on the City Council. I see at least one member of the City Council in attendance tonight, and figure out just how close the city is to moving to our standard. Because, as someone said, I believe our standard is frankly the best when it comes to the smoking issue.

President Tornatta: Thank you, Commissioner. Commissioner Melcher?

Commissioner Melcher: The only thing I can say, just coming off the City Council, I don’t know of anybody on the City Council that would do that. I don’t think that the City Council is ready to move. I think there was one Councilman on there that was wanting to do something. We’ve got a new one now that took my spot. They might be interested, but I don’t know about the majority. I think the City Council’s going to end up staying where they’re at.

President Tornatta: Thank you. We talk about a comprehensive ban, and I think minds are changing. The efforts of the Smokefree Communities, I think over the past two years should have played a little bit more of a part. Not taking anything away from the job they’ve done. I know it’s a difficult job, and the training of telling people that you have to stop something that you’ve done for a hundred years, and to try and retrain people on what to do. We no longer smoke in airplanes. We no longer smoke in restaurants, and of the restaurants that do, there’s a restrictive measure on how they smoke, and that’s been in an ordinance since 2006. As far as a comprehensive plan, I think it’s kind of asking a business a lot to do a comprehensive smoking ban, when in this building we have a smoking room. We haven’t done anything to talk about our smoking room. Even if we passed an ordinance that was smokefree, it did not address this smoking room. So, we would have businesses out there that we would expect to follow our rules, yet, as a county we can’t follow our own rules. A comprehensive plan would be with the city and county. To have two different plans, in my estimation, would be of conflict. There are, right now, we’re right now eight businesses, eight businesses in our county that filed for exemptions. The rest of them went smoke free and I applaud them, and ate at one last night. Of what was eight, now it’s seven, because one is now in the city. But, I did receive some affidavits, I did talk to all of the bar owners, as I said I would, to our Smokefree Community, and of them, it was said that I coerced them into giving affidavits. I asked them to tell me, on paper, what they told me over the telephone. That was, if the City Council will entertain this, we will entertain it. That is from, and I’m not going to mention their names, and it will be part of public record, but that’s from three, there have been another three that have talked to me verbally and said the same thing. Now, I am not, by any means, putting any pressure on another body. I’m just telling you that on an even playing field, that is where I am sitting at this time, and that is to put Evansville and Vanderburgh County on an even playing field, and keep an open mind. If there is a group, or the city wants to entertain doing something, they could gladly come to the county. I think that they’ve got the support of the rest of the businesses that are seeking exemption. We have a motion and a second. Roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: No.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

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

Commissioner Winnecke: Mr. President, is it your desire then to have the second reading next week? Just for public clarification.

President Tornatta: Second reading will be the, I believe, the 13^th.

Commissioner Melcher: And public comment.

President Tornatta: And public comment as well.

President Tornatta: New business, any new business? We thank everyone for coming. No new business.

President Tornatta: Going to old business.

President Tornatta: Any other public comment? Seeing none.

President Tornatta: Madelyn, if you will read our consent items into the record please.

Madelyn Grayson: Okay, the consent items for the January 6, 2009 Commission meeting are as follows; employment changes for the various offices, travel requests, Soil and Water Conservation District had two, County Assessor, four, County Engineer, one; the Commissioners Equal Development LLC local government notification for proposed development for the Green River Apartments, the Commissioners Hillcrest Washington Youth Home annual contract increase, the Commissioners letters regarding the county smoking ordinance, the Commissioners letter to ONB Insurance regarding insurance agent of record, County Auditor Barrett Law lien release for the Bohannon Estates Barrett Law project, the County Clerk November 2008 monthly report, Weights and Measures monthly report for November 15, ‘08 through 12/15/08, Purchasing monthly report for November 2008, County Engineer pay request number 68 for the Burkhardt-Green River TIF projects in the amount of $528,245.42, and department head reports from the County Engineer, County Highway and Ozone Officer.

President Tornatta: And I would like to also have all of the literature that we got added into the record from our discussion today about the smoking ban.

Ted C. Ziemer, Jr.: Are you going to include the thing–

President Tornatta: Yeah, we’ll include all of it.

Ted C. Ziemer, Jr.: I don’t know what that is. Do we know what that is?

Commissioner Melcher: No.

President Tornatta: We’ll take a look at it. Anybody have a motion on that?

Commissioner Melcher: I would like, I would just like to ask if there’s any public comment on the consent agenda items? I’ll make the motion to accept.

Commissioner Winnecke: Second.

President Tornatta: Any discussion? Roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: I need a motion to adjourn.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

President Tornatta: Roll call vote.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(The meeting was adjourned at 5:45 p.m.)

CONSENT ITEMS:

Commissioners:

Equal Development, LLC Local Gov’t Notification: Green River Apartments

Hillcrest Washington Youth Home Annual Contract Increase

Letters/E-Mails & Literature Regarding County Smoking Ordinance

Letter to ONB Insurance Regarding Insurance Agent of Record

Employment Changes:

County Clerk (1)                       Treasurer (3)                            Recorder (2)

Sheriff’s Office (6)                    County Assessor (10)               Prosecutor (5)

Knight Assessor (9)                  Pigeon Assessor (6)                 VCCC (1)

County Council (2)                    Center Assessor (5)                 Health Dept (3)

Public Defender (2)

Travel Requests:

County Assessor (4)                 County Engineer (1)                 SWCD (2)

Auditor: Barrett Law Lien Release: Bohannon Estates Barrett Law Project (1)

County Clerk: Monthly Report: November 2008.

Weights & Measures: Monthly Report: 11/15/2008-12/15/2008

Purchasing: Monthly Report: November 2008

County Engineer: Pay Request No. 68: Green River-Burkhardt TIF Projects

Department Head Reports:

County Engineer                       County Highway                       Ozone Officer

Those in Attendance:

Troy Tornatta                            Stephen Melcher                      Lloyd Winnecke

Bill Fluty                                    David Miller                               Ted C. Ziemer, Jr.

Madelyn Grayson                     Susan Harp                              Evie

Ann Ennis                                 Gene Maxwell                           Tony Schmitt

Patty Avery                               Courtney Johnson                    Sherri Hurt

Catherine Engel                        Jimmy Funkhouser                   Dave Balew

Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Troy Tornatta, President

Stephen Melcher, Vice President

Lloyd Winnecke, Member

(Recorded and transcribed by Madelyn Grayson.)