VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

JANUARY 11, 2011

The Vanderburgh County Board of Commissioners met in session this 11^th day of January, 2011 at 5:00 p.m. in room 301 of the Civic Center Complex with President Stephen Melcher presiding.

President Melcher: We’ll go ahead and start the Vanderburgh County Board of Commissioners meeting. It’s January the 11, 2011. It’s about two or three minutes after 5:00. We’re in room 301. Madelyn, could you call the roll, please?

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Here.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Here.

Madelyn Grayson: President Melcher?

President Melcher: Here.

President Melcher: Thank you. Marsha, being that you’re our new Commissioner and everything this evening, we have to welcome you aboard, and welcome Joe aboard as the new Auditor. So, Marsha, would you mind leading us in the Pledge?

(The Pledge of Allegiance was given.)

President Melcher: Next we have the election of officers. So, I guess we’ll open the floor up for the election of officers.

Commissioner Abell: Am I on? I move that Lloyd Winnecke be President.

President Melcher: I’ll second that. Any further nominations? Seeing none, Madelyn, do you want to call the roll?

Madelyn Grayson: Commissioner Abell?

Commissioner Abell: Yes.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

(Motion approved 3-0)

Commissioner Melcher: With that, it passes, and I hand it over.

President Winnecke: Thank you.

Commissioner Melcher: It’s all yours.

President Winnecke: Thank you, and thanks for your hard work in the last year as our President. At this time I would accept nominations for Vice President.

Commissioner Melcher: Yeah, I’ll move that Marsha Abell be Vice President of the County Commission.

President Winnecke: Second. Any other motions? 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: Okay, very well, our first action item of the year is an ordinance concerning our meetings for the year. This is the first and final reading. I did print out the, my cheat sheet and I forgot to bring it in here. But, essentially, we’re going to establish our 2011 County Commissioner meeting dates. We’ll have two votes. The first motion I would accept is to waive the second reading so we can get the meetings on the docket for, tonight, for the balance of the year, and that needs to be a unanimous vote.

Commissioner Melcher: Yes, I’ll go ahead and make the motion that we waive the second reading and make the first a final reading.

Commissioner Abell: I’ll second.

President Winnecke: All in favor say aye.

All Commissioners: Aye.

President Winnecke: Opposed? Okay.

(Motion approved 3-0)

President Winnecke: Now, we need to entertain a motion, I would entertain a motion to approve the meeting ordinance that has been presented before us.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion? Hearing none, all in favor say aye.

All Commissioners: Aye.

(Motion approved 3-0)

President Winnecke: Okay, and our meeting dates for the year have been set, and they will be on our Commissioners website for reference.

President Winnecke: First we have, next we have two contracts and a lease to consider. The first is for legal services, our agreement with Ziemer Stayman Weitzel and Shoulders. This agreement is for the services of the firm to represent us as County Attorney for 2011. The form of the agreement casts the firm as an independent contractor with the county, and specifically indicating Ted C. Ziemer, Jr. to be the designated partner who will act as the County Attorney for the firm. The contract amount is sixty one thousand thirty four thousand, I’m sorry, $61,034 for the year. I would entertain a motion to approve.

Commissioner Melcher: I’ll make a motion to approve. Ted Ziemer, Stayman Weitzel and Pat Shoulders as our attorney.

President Winnecke: Second. Any other questions or discussion?

Commissioner Abell: Mr. President?

President Winnecke: Yes.

Commissioner Abell: I think that I would like to see us discuss this contract. I haven’t had an opportunity to discuss it. I haven’t been, this is my first meeting, and haven’t had an opportunity to actually discuss it with anyone because I’m not supposed to discuss those type things except in a public forum or if we have an executive committee meeting, an executive board meeting, to discuss the contract amounts. I think I read that the Executive Session could accept those type agreements to be presented. I haven’t had anything presented, actually this is not the one that was originally presented to me, actually. The last one had Mr. Joe Harrison was also as attorney and I don’t see him on here. So, there’s been some changes made and I haven’t had an opportunity to look at that.

President Winnecke: I’m not familiar with the contract that you’re referencing mentioning Mr. Harrison. I would, I guess, I’m comfortable moving forward with the contract as presented. We do have a motion and a second on the floor. Mr. Melcher, would you have any comments?

Commissioner Melcher: No, I don’t have any comments.

President Winnecke: I would just say that in my two years as Commissioner I’ve witnessed first hand the professionalism that Mr. Ziemer, Mr. Miller and other members of his firm have represented on behalf of the county. I have no problems moving forward with them. The contract amount is similar to the amounts we’ve spent in previous years. While I respect that this is your first meeting, I think it is important that we have legal counsel on board right away. So, that would be my position.

Commissioner Melcher: I do want to make a comment now. You mentioned David Miller, but David Miller, it’s my understanding is not going to be part of this.

President Winnecke: No, I understand. I was just–

Commissioner Melcher: But, I just wanted it out in public now.

President Winnecke: Right.

Commissioner Melcher: He’s not going to be part of this.

President Winnecke: Correct. Any other comments or suggestions? Hearing none, roll call vote please.

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. Commissioner Abell opposed.)

President Winnecke: Also tonight we have, Mr. Ziemer, with that vote I would ask you to come up and take a seat please. Also we have an agreement before us, a legal service contract with Joe Harrison, Jr. This agreement is to represent the Vanderburgh County Sheriff’s Department before the Sheriff’s Merit Board relative to Deputy Sheriff Tucker, and the fee to be compensated for Mr. Harrison is $150 per hour. I would move, I would consider a motion to approve.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: Any 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: Next we have an Old Courthouse 2011 lease with Ivie Burns. This is a term for one year from January 9^th of this year to January 8, 2012. The rent for the new lease is $6,396.30 per year. I would consider a motion for approval.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: 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: Next we have an agreement with the Health Department for security enforcement for the Health Department. The agreement is with Thomas B. Shoulders Security Enforcement for $10.75 per hour without any overtime charges for hours, for after hours or weekends or holidays. Gary Heck from the Health Department is here with more on that. Gary?

Gary Heck: Thank you, Commissioner. Gary Heck, Vanderburgh County Health Department. The agreement is with Security Enforcement. Thomas Shoulders is actually the director. Security Enforcement is a division of Comaier Services. We have secured grant funding in order to have after hours security on Tuesday and Wednesday nights when our WIC Clinic is open. This security agreement would allow us to have security officers in place during those after hours clinic hours. We would hope that everything is in order. It’s been reviewed by Ted Ziemer. It’s my understanding that it’s in approvable form if the Commissioners so wish to have it approved.

President Winnecke: Thanks, Gary. Any questions or discussion for Gary? I would consider a motion to approve.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or discussion? All in favor say aye.

All Commissioners: Aye.

President Winnecke: Opposed?

(Motion approved 3-0)

President Winnecke: Thanks, Gary.

Gary Heck: Thank you.

President Winnecke: Next we have tax sale auction quotes. The quotes were submitted by Sohn and Associates, Kurtz, and Curran Miller. Sohn is the low bidder with a maximum fee of $18,000, including advertising for the 320 properties. Mr. Ziemer, would you have anything to add to that.

Ted C. Ziemer, Jr.: No, other than to say that regardless of the number of properties that are finally sold, it may end up being 250 properties, or 270 properties, however you look at it, based on the three quotes, the maximum amount proposed by Sohn, which is $18,000, will be less than either of the other quotes. So, we recommend that the auction be given to Sohn.

Commissioner Melcher: So, in essence, from the last meeting where we were going to vote on it, we went ahead and took proposals, and this is the lowest one?

Ted C. Ziemer, Jr.: Yes, sir.

Commissioner Melcher: I’ll vote to, I’ll make a motion to retain Sohn and Associates.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions or further 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: Next we have permission to award VC10-12-01, Mann Road culvert number 1212 replacement to Adler Excavating LLC for $39,371.84. County Engineer, John Stoll, would you like to help us understand that?

John Stoll: Adler provided the low bid on the project. Everything was in order with their bid submittal. So, I would recommend awarding the contract to Adler.

President Winnecke: John, what would be the time line on the replacement in the process?

John Stoll: Off the top of my head, I don’t remember. The culvert has to be made, I think the culvert wasn’t going to be ready until late February or early March. Typically we don’t have more than a couple of weeks road closures. So, I don’t know the exact date, but I can give you an update at the next meeting.

President Winnecke: Okay, great. Thank you.

Madelyn Grayson: President Winnecke?

President Winnecke: Yes?

Madelyn Grayson: The dollar amount on the contract is different than the motion that was made. Is that an issue?

John Stoll: The amount, I thought that got corrected. The amount on the Form 96 was incorrect. The language on our contract says that unit price is covered, and that caused the final amount to be a few cents different than what is shown on there. So, the amount read into the record was correct. The Form 96 amount was incorrect.

President Winnecke: So, that’s $39,371.84.

John Stoll: Sorry about that.

President Winnecke: Any other questions for John? I would consider a motion to approve.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: A motion and a 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: Thanks, John.

President Winnecke: Steve Craig of Burdette Park will be here to discuss the proposed rates for the new year. Steve?

Steve Craig: Steve Craig, Manager of Burdette Park. What I had submitted to you was a copy of what was the 2011 Burdette rates, which is the rates for this year, and then a three percent raise across the board for 2012. Then I also submitted a rate change with some adjustments. Some of the numbers were getting out of whack, I guess, you would say with the amount of people and the amenities that the buildings have got. Some of them went up a dollar or two, some of them went down a dollar or two, but I put a third one in so that you could take a look at that as my suggestions.

President Winnecke: Steve, how do you, how are the rates advertised?

Steve Craig: How are they advertised?

President Winnecke: If someone wants to consider renting any of the facilities?

Steve Craig: We either send them a copy of our rates in the mail, if they ask, or request a copy of them, or they call over the telephone and talk to the ladies that do the rentals and they tell them what the buildings are, or the rates to the facilities such as the Aquatics Center, the golf course.

President Winnecke: Are they available online anywhere?

Steve Craig: Yes, they are.

President Winnecke: Okay. Great. Any questions of Steve? I would consider a motion to approve the proposed rates as Steve has proposed.

Commissioner Melcher: So moved.

Commissioner Abell: 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)

Steve Craig: Thank you very much.

President Winnecke: Thanks, Steve.

President Winnecke: Next we have requests for extension on redemption period for the tax sale of the following properties; 40 W. Iowa, 1300 John St., 508 E. Chandler Ave., 40 W. Maryland St., 1326 Keller St., 737 E. Blackford, 1415 Parrett, and 3017 Crowley Drive. I would entertain a motion to approve the extent of the deadline to March 1^st.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: There’s 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: Next we have department head reports. John?

John Stoll: I have two items, the first is a right-of-way encroachment agreement for Mystic Creek Subdivision. This covers right-of-way encroachments that consist of street lights, decorative brick walls and subdivision name signs. The subdivision is on Green River Road, the west side of Green River Road between Morgan and Lynch. I worked with Ted Ziemer to get the agreement reviewed and approved. Ted has okayed everything and I have received the certificate of insurance to cover the encroachments. So, I would request your approval of the encroachment agreement.

Ted C. Ziemer, Jr.: Excuse me, John? Do you have or have you given to Madelyn the revised form?

John Stoll: I gave it to Madelyn.

Ted C. Ziemer, Jr.: Okay. I didn’t have that before me. So, good, thank you.

President Winnecke: Any questions of John on this? Otherwise I would entertain a motion to approve.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Questions, 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)

John Stoll: The other item I have is a change order on the First Avenue Bridge project. This change order is for an increase of $80,097.29. These cost increases are a result of unknown abutments that were approximately 30 feet deep below the surface of the existing road. We didn’t know they were out there. That necessitated additional soil borings, drilling through the abutments in order to get the piles for the new bridge driven, and required design modifications. It required bringing the crane, the pile driver in and out of the site several times, rather than just once. The net result was the $80,000 increase. So, I would request approval of the change order.

Commissioner Abell: So moved.

Commissioner Melcher: Second.

President Winnecke: Any questions or discussion on the change order? This has been a challenging little project as a result of all those old abutments. So, we appreciate your patience in seeing this through. 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: Anything else?

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

President Winnecke: Thanks, John.

John Stoll: Thanks.

President Winnecke: Next, board appointments, we have several to make, and several we’ll make in future meetings. First I would like to, just a moment of reflection perhaps, on a long serving member of the Alcohol Beverage Commission. Frank Daugul, a long time appointment of this body passed away over the weekend, and had eagerly volunteered prior to the new year to be re-appointed. It would be appropriate, I think, to take just a moment to remember Frank and his service to our community.

(A moment of silence was observed.)

President Winnecke: Thank you. Area Plan Commission–

Commissioner Melcher: I would like to say one thing about Frank.

President Winnecke: Oh, sure.

Commissioner Melcher: Frank has been here a long time, and if you ever wanted to know really what it was, you had to call him. They are really going to be missed. I mean, they are not going to be able to find somebody that’s dedicated...it will take a long time to replace what he did.

President Winnecke: Couldn’t agree more. Area Plan Commission, the Commission appointee will be Commissioner Melcher.

Commissioner Melcher: Are you sure? I’m just throwing that out. I had your name down here.

President Winnecke: I’m pretty sure it’s going to be you, Steve.

Commissioner Melcher: You’re pretty sure, huh?

President Winnecke: But, thanks for asking.

Commissioner Melcher: How do you count, right?

President Winnecke: Central Dispatch, the Commission appointee will be Commissioner Abell. The Community Corrections Complex, Commissioner Melcher has agreed to be re-appointed to that. Our Construction and Roofing Board, the members being Steve Heidorn, Ron Dauby and John Elpers, hereby re-appointed. We have two appointments to the Convention and Visitors Bureau. I don’t really think, I don’t think we’re going to be in a position to appoint these tonight, fill these, but I do, I know I’ve got a couple of names to throw out, and I suspect others do too. I think it would be appropriate for us to consider all the names that have been presented to us and take a little time to figure out who we would like on there. Would you like to start with any names you have?

Commissioner Abell: Oh, I’ve got about 12 or 13, but some of them I don’t even know, but some of the names–

President Winnecke: Turn your mic on.

Commissioner Abell: Some of the names that have come out are Lynn Finney, Bud Farmer, Chuck Whobrey, I have a resume here from somebody who I don’t know. There’s been just a lot of interest. I mean, I can’t, I wasn’t prepared to bring those forward tonight.

President Winnecke: Okay.

Commissioner Abell: But, there’s a lot of interest in that appointment.

Commissioner Melcher: And, I agree with that. I’ve had people calling me too. The one thing I wanted to make sure that we were doing right, since this is a state statute type of office, I understand, do they have, what the requirements are for our appointees. I didn’t know what that was.

President Winnecke: Well, by law, we have to appoint one hotelier.

Commissioner Melcher: And that’s already been done by the Mayor.

President Winnecke: No.

Commissioner Melcher: No?

President Winnecke: Our body has two appointments.

Commissioner Melcher: Our body, okay, that’s what I wanted to make sure of.

President Winnecke: One of them must represent the interests of a hotel.

Commissioner Melcher: That’s what I wanted to find out, because I thought it was one, and I figured since the Mayor did it, but, that’s fine.

President Winnecke: I’ll throw out a couple of names that, people that I’ve heard from; Pat Rayburn who is involved in, a small business person and active with the Evansville Otters, and Becky Kasha from the Zoo and who was most recently chaired the government reorganization committee. Those are just two of the names that I’ve....and, then, here’s....Neikirk, Dolli Neikirk. So, I would say these, these are two we’re going to consider for our next meeting. To the Disability Services Advisory Board, Don Counts is hereby re-appointed. Commissioner Melcher will be re-appointed to the Disaster Resistance Community Corporation.

Commissioner Melcher: Technically that committee was going to disband, and then they came back to life and they took the Commissioner off of it. So, they went from like 15-20 members to seven, and they’ve got their seven. So, I don’t think we’re even on it now, at least–

President Winnecke: Well, we’ll check.

Commissioner Melcher: They voted us out.

President Winnecke: They voted us out?

Commissioner Melcher: They voted us out.

President Winnecke: Well, we’ll check and make sure that’s really correct.

Commissioner Melcher: Actually, that committee is a duplication of what we already have. For some reason one of them wanted to hold on to it, and then there was a Commissioner up in Warrick County president of it and he wanted to keep it too so.

President Winnecke: Okay.

Commissioner Melcher: So, they redid it, and I think Joe Harrison did the by-laws for them.

President Winnecke: For the Evansville ARC we would hereby re-appoint Bill Nix to fill that seat. To the four county Economic Development Coalition, I will assume that appointment from the County Commission. The Electrical Board, we would re-appoint Randy Brievogel, Jerry Goedde and Jim Rexing. To the Emergency Management Agency–

Commissioner Melcher: Didn’t we get an e-mail or something from Rexing?

Commissioner Abell: We did.

Commissioner Melcher: We did.

Commissioner Abell: He wants off.

Commissioner Melcher: Yeah, he’s served a long time. He had a person on there, and I’ve kind of been trying to check with a lot of people and I’ve got one resume supposedly coming to me. I’ve had some others call, but I’m just one of us three. So, we probably need to appoint the two and then next meeting do the third.

President Winnecke: Okay, then we’ll hereby re-appoint Brievogel and Goedde and leave the Rexing position open until a future meeting.

Commissioner Abell: (Inaudible. Mic not on.)

President Winnecke: I was going to check on those and circle back. Emergency Management Agency, re-appoint Tom Barnett, Eric Williams and Randy Gentry. The GAGE board position, the Growth Alliance for Greater Evansville will be taken by Commissioner Abell. The HVAC board we would re-appoint Bob Crow, John Dillingham and Wayne Ravelette. The Levee Authority, Mike Whicker will be re-appointed. The Mayor’s Education Roundtable will be taken by myself. The Metropolitan Planning Organization, Commission Melcher will be on.

Commissioner Melcher: Going once.

President Winnecke: The Old, no, we’ll come back to that one, the Parks Commission, Gary Shetler will be re-appointed to. We would hereby re-appoint Ann Ennis, Lester Steinmetz, Steve Craig, Fred Padget and Blaine Oliver to the Pigeon Creek Greenway. Public Defender, we would re-appoint Commissioner Melcher. For the Redevelopment Authority, we would re-appoint Mark Pettinga, Dan Carwile, Matt Meadors. To the Redevelopment Commission we would re-appoint Kirk Knight, Chuck Whobrey, Jim Will, Sr. and Chris Kiefer. For the Workforce Reinvestment Board we will re-appoint Andy Goebel. The rest we’ll try and fill in our next meeting.

President Winnecke: Any new business? I have two matters if no one else has any. First, we have been presented tonight, and we literally have just gotten it, the report from the government reorganization committee. It is predictably lengthy, but just as a reminder this organization was appointed to do its work last January after being appointed by this body, the County Council, the City Council and the Mayor. This 12 member citizen committee, I think, has done a great job in finding its way through the structure of local government and they have landed on this document. Obviously it is not going to be without some controversy. The process, going forward, that I see, and I’m just throwing this out for discussion, first this would not be on the ballot if it were, let me backtrack, for it to be on the ballot for citizen approval, our body and the City Council would have to pass identical plans. I would propose that this body take the next month, and I literally mean the next month, to go through this in detail. I would then propose that, this has now been presented to the City Council, I don’t know if they’ve seen it yet, but it’s been presented to the City Clerk, I believe, to be distributed to them. I would propose that after each body has had ample time to thoroughly review it we would hold a joint meeting with the City Council, at which time we would hear, have our questions of the plan answered by the leadership of the reorganization committee. I think, maybe going forward from there we would have another joint meeting where we would take public input. A joint meeting of the City Council and the County Commissioners. Then, after that, we would take whatever modifications we may seem are necessary, based on the feedback, and have a smaller committee of this Commission and the City Council to try and make those modifications and get back before us. I think it’s important that we try and keep this on track for, you know, to get this done this spring. But, initially, I would think that we would need at least a month for all of us to go through it in detail. Questions or comments?

Commissioner Melcher: I just gave my copy to Ted. So, if I could get a copy later.

President Winnecke: Yeah, we’ll get another copy.

Commissioner Melcher: Okay.

President Winnecke: If that sounds like a reasonable plan, I will reach out to members of the City Council to pitch that. The next item under new business that I have, a couple of years ago this body repealed a smoking ordinance that I thought was really important to our community. I would like to see us revisit that issue. I would like to see us direct the County Attorney to present to this Board, at our next meeting, a comprehensive no smoking policy for the county. I would propose that we would receive that at our next meeting on the 25^th for review. Not to take action on that night, but just to review. I would then propose that we would have our first public hearing and consider a first reading on February 8^th, then a second reading for February 22^nd, and if an ordinance were to be passed I would like to see it take effect July 1 of this year. Any other comments or suggestions?

Commissioner Melcher: The only comment I would kind of like to say, I’ve been involved in this for many years, and we’ve passed a few prior to me being on here. This original smoking ordinance was passed by committee of the Commissioners and the City Council, and then what happened, at the time, the Commissioners decided to change it at the eleventh hour after the sub-committees got it all together and it came back. So, it was going to go down where the City Council met on Monday, so they were going to pass it on Monday, and then Tuesday the County Commissioners were. Well, what the County Commissioners did, they jumped ahead the week before or whatever and passed it and made the changes after we had all of these hearings, joint hearings. That’s the second time it happened to us. It happened under tax phase-in stuff, and I figured it happened again, but everybody said, no, this time it’s going to work, well, it didn’t. What we’re trying to do, and why I voted last time to get it back, I’ve been trying to keep, I’ve been working a long time, for five or six years or more trying to get all of our ordinances the same. So people don’t get confused. So, those four restaurants in the county, and one Funkhouser Post, American Legion Post isn’t different than the others, because they can just go on over to Posey County. All I was trying to do was make sure we’re on the same page. I would also think, since you’ve been reading in the paper where this is the Governor’s proposal now, and he’s got both the House and the Senate, and they are going to have some kind of an ordinance, which I think a Democrat House Representative is bringing forward, I would like us to maybe think about holding it and see if the State’s going to pass it State wide so that it would at least be fair to everybody around us. If they are going to really pass something, then let’s make it fair for everybody. That’s kind of where I would like to see us do it. If you want to go ahead and move forward you can. I think we ought to give the State a chance. We’ve been this way for two years, I don’t think another few months, I think their term ends what, the end of April? The first part of May we’ll know by that time if it’s going to pass or not, then we could always do this. But, I’m just trying to keep us on board. Even Henderson had a stronger ordinance, they turned around and copied the one that the city had, Evansville had, pretty much. So, basically, I’m just trying to keep us all together so we’re not losing business and giving it to somebody else. I think it hurts the people of our community, and especially the veterans out there, they would hate to lose some membership, and they leave that post to go to posts in Evansville...and I don’t think this is going to put any pressure on the City Council with the ones that are there now. So, with that I would just like you to think about it between now and the next meeting.

President Winnecke: Anything you would like to add? I would just add that I hear what you’re saying and I appreciate it. I guess, I’m not convinced that the legislature will take the action. I guess, I would rather be a leader than a follower.

Commissioner Melcher: Well, no, and I understand, and that’s what the committee did. The committee met, was the leader. The committee worked together for over, almost a year or more, and I know Bagbey represented the city, and the County Commission kind of let us down on it, because we wanted to keep it the same. Plus the Smokefree Community kept telling us that as soon as we passed it that the other counties around us would follow suit. Every time I’ve asked those other County Commissioners or whatever, they’re not even interested in listening to it. It doesn’t matter if it’s a Democrat majority or a Republican majority. So, that’s why you haven’t seen it in Warrick County or Gibson or Posey, they’re not still interested in it. We was also told by the State that if we would pass it, then that would give, since we’re a bigger city and we passed a joint one, that would help the State pass it. So, I just, I don’t know where the answer is, all I was trying to do was make it fair for all the people that live in Vanderburgh County. That’s the only thing that we were trying to do, and treat all of the veterans the same here. But, if we do pass this, then we’re going to be sitting here for at least until after this coming election in 2011, maybe if they change some people there they might change then, but I would think that we would want to give the State....I don’t see why they can’t, they say it’s going to be number one and they control the vote. I don’t see why it won’t happen. If it doesn’t happen now it won’t happen in the State.

President Winnecke: Well, Mr. Ziemer, if you could proceed with drafting an ordinance for us to review at our next meeting. Again, we’ll just review it at that time we won’t vote on it or anything like that. Any other new business?

President Winnecke: Any old business to come before us?

President Winnecke: Public comment? Anyone from the public that would like to bring an issue before us?

Chris Walsh: Chris Walsh, Vanderburgh County Highway Department. Excuse me, I turned in my letter of resignation to be effective for this Friday, which is the 14^th. I’ve been in contact with, the salt is going to be completely re-supplied from the storm that we’ve had, so you’re going to be in good shape, a fully stocked barn and should be in real good shape with that. But, I appreciate the opportunity that you’ve all let me have to serve you.

President Winnecke: Chris, you’ve done a very good job and we appreciate your professionalism, and wish you the best of luck with the city.

Chris Walsh: Thank you. I wish you all the best of luck as well. Thank you.

Commissioner Melcher: And, Chris, I would like to say you done a good job. Like I’ve said before, I didn’t get any snow complaints since I’ve been a Commissioner. I might now, but I did when I was a City Councilman. I think you’ve done a good job.

Chris Walsh: No matter who’s in this job, that department does an excellent job out there.

Commissioner Melcher: Yeah, and this is a political office. It seems to be. That’s what was said two years ago too. So, basically, I wish you well, and I want to thank Commissioner Winnecke and even Commissioner Abell for when I was having discussions with them about giving you the same time frame as we gave Duckworth instead of just sending him on his way like was done in the prior administration. That was pretty bad and I didn’t want to do that. So, we gave them a time frame. So, I want to thank both of you for giving Chris time to find something. I’m glad you was able to find something and come in, unlike the last time where it kept getting extended, extended, extended. You did something about going out and finding you a job.

Chris Walsh: Thanks.

Commissioner Abell: Chris, are you transitioning to the city, is that what you’re doing?

Chris Walsh: Yes. Yes, I’m going to work at the city next week.

Commissioner Abell: Well, good.

Chris Walsh: So, I’m looking forward to that, and I’ll be available if there’s any questions or anything that needs. I’m having some meetings with some people to make sure the transition is completely smooth.

Ted C. Ziemer, Jr.: What department with the city?

Chris Walsh: The Utility Department, the Water Department. So, I’m looking forward to it. Similar to the kind of work I’ve been doing here, and had done in the past. So, looking forward to it.

President Winnecke: Thanks, Chris.

Commissioner Abell: Good luck to you, Chris.

Commissioner Melcher: Thank you, Chris.

Chris Walsh: Thank you.

President Winnecke: And, on the, in our employment changes, under the consent items is not only the pink slip or the paperwork for Chris, but also the appointment of Chris’ replacement who is Mike Duckworth the former Superintendent out there. Mike in his time there has done extraordinary work too. So, I’m comfortable that the fine work of that department will be continued.

Commissioner Melcher: And I would like to say something about the consent agenda also. Tonight we’re going to be, in the veterans, which we’re over the veterans organization as far as the county office. It’s been a long time coming, as you know Mark Acker retired back in April, and then we had to wait a while before we could move Jay Ball into it. His resignation is the 21^st, and we’ve been trying to get Tami, which is the secretary into the middle position. With both of your help, but especially Marsha before she was even a Commissioner was helping me on it with the County Council. It seemed like we had a couple that didn’t want to do it, but tonight we’re voting on moving Tami to the Office Manager, and we’re voting on bringing a gentleman, a veteran on as Secretary until the buyout of Jay Ball’s term is over. So, when that happens we’ll be able to automatically move him up. So, hopefully, we’ll be able to put a secretary in there, and, hopefully, by the end of the year have some where the office could run smoother. But, it’s going to be hectic in the beginning because we’re going to have some days without a veteran in there. But, I do appreciate both of you helping. I do appreciate Marsha getting on the ball and helping me, because it’s been a long battle since April. I appreciate the County Council finally seeing the light, that our veterans in our community mean something to us. Thank you.

Commissioner Abell: If I could, Steve, for the benefit of those watching on television that don’t know, could you just briefly say what the Veterans Administration does for us?

Commissioner Melcher: Well, the Veterans Administration, it’s a small office, the computers are still on telephone lines. The Vanderburgh County Veterans Council, they work hard at making sure that the word gets out that we support our veterans. What’s happened over the years, the veterans office here, I mean, the VA Clinic here and the new one quit having a person inside there to help them with their claims. So, we’re getting more and more of those claims. I understand from about two weeks ago Work One is starting to do the same thing. They’re going to quit allowing the veterans in there to help them with their claims. So, guess who they’re sending them to. They’re sending them to us. So, we are kind of a regional hub. What happens is we also get some other counties in there on that, but it works vice versa, if you work in Boonville and you’re a veteran and you live in Evansville, you’ll probably go to Boonville instead of driving all the way back to Evansville on your lunch hour. So, it kind of washes out at the end, but they are going to get more and more claims as these soldiers come back from Iraq and that. I think they work pretty lean and mean in there with antiquated equipment. I know the Veterans Council raises money and buys some computers in there. I think the county only has one in there, the rest of them we bought as veterans. But, they help all the claims, and there’s also dates when a person files a claim, he has so many days that they have to get back to it. If not, and he gets denied they’ve got to get back, but if for some reason we mess up then that falls back on the county, we’re responsible. So, if we don’t have somebody in there that knows what they’re doing, that could hurt us financially down the road. That’s what I was trying to get across and I couldn’t get that across, but, again, with your help we have been able to do that. We’re like number four and number five in the State considering the size of ours, getting money back to this area. I mentioned it last year at the Rotary when we spoke in front of Rotary how we’re so much further ahead, basically, per people in our community our office runs pretty smoothly. It’s just started falling down since we have it. We also got a letter from the State asking us to fully fund it. So, hopefully, that’s going to happen.

Commissioner Abell: Thank you.

President Winnecke: At this time I would consider a motion to approve the consent agenda items as presented.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: A motion and a second. Madelyn, would you be so kind.

Madelyn Grayson: The consent agenda items for the January 11^th meeting are as follows; approval of the December 21, 2010 Commission meeting minutes, employment changes for the Commissioners approval this evening, there are two for the County Highway, one for Burdette Park and one for Veterans Services; we have three 2011 township trustee poor relief standards, one for Knight, one for Center and one for Pigeon–

Ted C. Ziemer, Jr.: Excuse me, Madelyn, those really need to come off the agenda. I’m sorry I did discuss that with Kristin, Marissa, and, I guess.... here’s what happened, when I started looking at the Knight Township Trustee’s standards from a point of view of approving them, the dating was incorrect. I thought we still have two other townships that we haven’t heard from, so, I thought if it satisfies you we will put all five on the January 25^th meeting.

President Winnecke: I apologize, I had deleted that from mine and forgot to tell the others.

Commissioner Melcher: I had it deleted too.

Commissioner Abell: I did too.

President Winnecke: Anyway, please proceed.

Madelyn Grayson: Okay, the County Auditor has the December 2010 A/P vouchers, there are three surplus requests from various offices, the County Assessor, County Auditor and Superior Court for office equipment and furniture, the County Clerk has the November 2010 monthly report, the Sheriff has the ICJI Governor’s Council on Impaired and Dangerous Driving grant, the Commissioners have the Old Courthouse Superior Courtroom renovations change order number two, Evansville ARC report of activities for July through November 2010, the Health Department has a request for approval of telework, the County Engineer approval of pay request number 119 for TIF projects in the amount of $994,894.97, the IBAP Gatekeeper December 2010, I believe, monthly report, and department head reports from the County Engineer and Burdette Park.

President Winnecke: Any other discussions or questions? 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: Is there any other business to come before the Commissioners?

President Winnecke: Oh, I do want to introduce, I beg your pardon, we do have someone from the Youth Resources Teen Advisory Council. Anna, would you like to introduce yourself over there on the end? Just push the button and say your name and your class and school.

Anna Loehr: I’m Anna Loehr from Memorial and I’m a Freshman.

President Winnecke: Thanks for sitting with us tonight. Be careful driving too, by the way. I would entertain a motion to adjourn.

Commissioner Melcher: So moved.

Commissioner Abell: Second.

President Winnecke: We are adjourned.

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

CONSENT ITEMS:

Commissioners:

Approval of the December 21, 2010 Commission Meeting Minutes.

OCH Superior Courtroom Renovations Change Order No. 2.

Evansville ARC Report of Activities: July-November 2010.

IBAP Gatekeeper December 2010 Monthly Report.

Employment Changes:

Veterans Services (1)               Prosecutor (9)                 Sheriff’s Office (6)

County Assessor (8)                 County Clerk (3)             Auditor (1)

Burdette Park (1)                      Superior Court (1)           Circuit Court (1)

County Highway (2)

Auditor: December 2010 A/P Vouchers.

Surplus Letters:

Auditor: One printer and one printer table.

Superior Court: Three chairs.

County Assessor: Various office equipment and furniture.

County Clerk: November 2010 Monthly Report.

Sheriff: ICJI Governor’s Council on Impaired and Dangerous Driving Grant.

Health Dept: Request for Approval of Telework.

County Engineer: Pay Request No. 119: Green River-Burkhardt TIF Projects.

Department Head Reports:             County Engineer             Burdette Park

Those In Attendance:

Lloyd Winnecke                        Marsha Abell                            Stephen Melcher

Joe Gries                                  Ted C. Ziemer, Jr.                    Marissa Nichoalds

Madelyn Grayson                     Gary Heck                                John Stoll

Steve Craig                               Chris Walsh                              Anna Loehr

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.)