VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

JANUARY 13, 2009

The Vanderburgh County Board of Commissioners met in session this 13^th day of January, 2009 at 5:00 p.m. in room 301 of the Civic Center Complex with President Troy Tornatta presiding.

President Tornatta: It’s 5:00, January 13, 2009, room 301, the Board of Commissioners meeting. We would like to call the meeting to order.

President Tornatta: Attendance roll call, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Here.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Here.

Madelyn Grayson: President Tornatta?

President Tornatta: Here.

President Tornatta: Alright, to assist us in the Pledge of Allegiance we have the Raintree Girl Scouts Council. Jeani Harl is here with three of her Girl Scouts. So, if everyone would rise, the ladies will lead us in the Pledge.

Jeani Harl: Ready?

(The Pledge of Allegiance was given.)

Jeanie Harl: Okay. Thank you, girls.

President Tornatta: Thank you. Okay, well, give us some names.

Jeani Harl: And thank you, oh, alright, Emily, tell your name.

Emily Rusk: My name is Emily.

President Tornatta: Emily what?

Emily Rusk: Rusk.

President Tornatta: Rusk?

Jeani Harl: Okay.

President Tornatta: Okay.

Adeline LaMar: Adeline LaMar.

President Tornatta: Alright.

Jeani Harl: And Ashton? Ashton has a real long name.

Ashton Kilby-Benefield: Ashton Kilby-Benefield.

President Tornatta: Okay, well, welcome.

Jeani Harl: Thank you. I’m Jeani Harl, and I’m just going to do a real quick overview of Girl Scouts here. We really appreciate the opportunity to come and talk to you. You know us because we sell cookies. Right, we sell cookies, don’t we, girls?

Girls Together: Yes.

Jeani Harl: But, and that’s one of our very, very powerful financial literacy programs that we have with girls. Girls, I thought you might be interested to know that girls, that’s not just a fund raiser. Although it does provide 61 percent of the income that the Council gets to run programs for girls. You begin by setting goals, they develop strategies on how to sell with their leaders, they practice tactics, they’ve all rehearsed, and then they hit the bricks with those order cards. They do a wonderful job, and they make a promise to deliver the cookies, and to collect money for them, and to get the paperwork done. When it’s all said and done, they get a chance to spend, to figure out how to spend the money. So, there’s a beginning, a middle, and an end. That’s just one of the programs in the leadership development program that the Girl Scouts has offered girls for 97 years. We’re going to be 97 years old in March. So, we’re old, and we’re big too. Nationwide there are three million of us. In Raintree Council, and these girls are members of Raintree Council, we cover 11 counties in Southern Indiana. If you start at Knox, come on down through Gibson and Posey, and you do Vanderburgh and Warrick and Spencer and over to Perry and on up to Daviess and Martin and all points in between, that’s Raintree Council. One out of every six girls in that area is a Girl Scout. So, we serve a lot of girls, which comes to about between ten and 12,000 girls a year, give or take, depending upon, and about 2,500 volunteer adults. Couldn’t do it without volunteer adults. We’re very proud. As a governmental organization you might be interested to know, that about 78 percent of all the women in the United States Congress have been Girl Scouts, and 64 percent of American Women of Distinction have been Girl Scouts. So, we’re very, very proud of our alumni. As we are very proud of these girls here today who are learning to, who are participating in a program that helps girl develop the courage, conduct and character to make the world a better place. And they do a lot of service projects, and they’re preparing to take their places in your seats tomorrow. So, thank you–

President Tornatta: Super.

Jeani Harl: –for coming. Girls, would you go pass these out to the people up here? We brought cookies today.

President Tornatta: Oh.

Jeani Harl: We thought a lot of you all might like the cookies. So, help yourselves.

President Tornatta: Yeah, don’t miss us. Thank you. Thank you, very much.

Commissioner Winnecke: Thank you. I didn’t realize they were trying to sell those.

President Tornatta: Yeah. Now, do we have any cards? Do you have any sales cards?

Jeani Harl: I was just going to say, these girls would probably be more than happy to have your order, if you haven’t given it to someone else. Thanks again for inviting us here and for giving us an opportunity to do our duty to our country as we promised to do in our Girl Scout promise.

President Tornatta: Thank you, girls.

Commissioner Winnecke: Hey, Jean? If you would e-mail the Commissioners, I would buy two boxes from each of these three young ladies.

Jeani Harl: Right on! Okay, you will have an e-mail soon.

President Tornatta: Okay.

President Tornatta: Alright, action items. Dave Rector with some exciting news. Interesting news. Stuff you don’t see everyday. We’ve been looking for something, and here it is.

Dave Rector: Dave Rector, Building Authority. I’ve got two requests here, both for F&B money for the Centre. We can thank Steve Craig for this opportunity. Eastland Mall had called Steve, and they have four 20 foot tall Washitonian palm trees, live trees, 50 years old, that they offered to Steve if he would just take them out of there. Steve didn’t have a use, thought perhaps we would in the Building Authority, and we thought the Centre would be a great place for it in the Exhibit Hall atrium there. I gave you pictures I took with my camera phone. They aren’t real good pictures, but I think you can see they are really a nice looking tree, a large pot, and they’re ours if we just pay for getting them moved. The other request for the F&B money is we had some roof leaks in the Centre, and we had some ceiling damage and have to repair that in two different locations. Both projects together, we would like to request $10,000 from Food and Beverage money to pay for both of those projects.

President Tornatta: Any questions?

Commissioner Winnecke: Mr. President?

President Tornatta: Sure.

Commissioner Winnecke: Dave, what’s, how much for the tree moval, and then how much for the roof leaks?

Dave Rector: Looking at–

Commissioner Winnecke: Separately.

Dave Rector: –quite, actually about half and half. Five to move the trees, and five for the ceiling. That’s not to exceed on the ceiling, because we don’t know until we get up there. We’ve got some puckered areas and the drywall and the tape. As you know, once we start cutting it out and taking it, it may turn in. So, I’m looking at the worst case.

Commissioner Winnecke: Then, on the palm trees, are they for sort of permanent decorative use? Or are they for rental for groups that come in to use the facility?

Dave Rector: It would be for permanent decoration in the hall, the atrium outside of the Exhibit Hall. They weigh 2,200 pounds.

Commissioner Winnecke: Gotcha. Okay.

Dave Rector: I’m not sure yet how we’re going to move them. I’ve talked to a local moving company, and they’re looking at maybe getting with a nursery also, because to lay them down, get them out of Eastland Mall, as you can see, and support the trunk. It’s going to be pretty neat to see palm trees going down the Lloyd Expressway.

David Miller: In the winter.

Dave Rector: In the winter. Yeah, that’s the other thing, they want them out of there now.

President Tornatta: Okay. Alright, do I have a motion?

Commissioner Winnecke: Mr. President, I’ll move for the expenditure of $10,00 of Food and Beverage money for the moval of the trees and the repairs to the roof of the Centre.

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)

Dave Rector: Thank you, gentlemen.

President Tornatta: Thank you.

Dave Rector: I’ll have the Centre CIP list that we do every year together in the next two to three weeks. So, we can talk about that.

Commissioner Winnecke: Thank you.

President Tornatta: Okay.

Dave Rector: Thanks.

President Tornatta: Thanks, Dave.

President Tornatta: Alright, first reading of CO.01-09-003, ordinance amending storm water ordinance. Ordinance which will amend the county storm water drainage control ordinance by shortening the period during which property owners can pay for contractual service ordered by the Drainage Board from 90 days to 45 days.

David Miller: This is pursuant to your request at the last meeting.

Madelyn Grayson: David, is your microphone on?

David Miller: It is now. This was pursuant to your request of last week, that we amend that ordinance for you, to bring before you. I think you each have one in your file.

President Tornatta: Do I have a motion?

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

President Tornatta: Any discussion?

Commissioner Melcher: Public comment? Does anybody in the public have any comment?

President Tornatta: 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, contracts, leases, and agreements. Superior Court, Vanderburgh County Superior Court and Vanderburgh County CASA contract, renewal contract for the period of January 1, 2009 through December 31^st. It’s identical to last year’s contract with regard to the year 2008, except for the contractual amount which has been increased from $91,000 to $96,164.

Commissioner Winnecke: Mr. President, I’ll move approval and note that the $96,164 is the amount that the County Council did budget for it at budget hearings last year.

Commissioner Melcher: I’ll second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Commissioner Melcher: Go ahead.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, the next agreement with WNIN for televised county meetings. Tabled on the January 6^th meeting, agreed to be entered between the county and WNIN for services in telecasting Commissioners meetings in 2009. The agreement is identical to last year’s agreement, except for the change of the legal name of WNIN and the dating.

Commissioner Melcher: Yes, I asked for it to be held, so, tonight I’ll make the motion to approve it.

Commissioner Winnecke: Second.

President Tornatta: Discussion?

Commissioner Melcher: Is there any public–

President Tornatta: Public comment? 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: Third action item is the, or contract and agreement, the agreement for Assessment Software Solutions, Incorporated for computer software services and equipment. This is a DLGF approved contract to be entered in between the Assessment Software Solutions, Incorporated and the county on behalf of the County Assessor for personal property assessment software. The cost of the contract is $8,500 for installation of the software, training and one year of maintenance of the software.

Commissioner Winnecke: I’ll move approval.

Commissioner Melcher: I’ll second.

President Tornatta: Any discussion? Public comment? 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, we have the second and final hearing of CO.01-09-002, an ordinance amending the non-smoking ordinance. Section one provides for deleting the sunset date of January 2, 2009 for the exemptions regarding bars and taverns only, and certain businesses and clubs. Section two amends the exemptions for vehicles used by employees while in the 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 a cab or bus smoking in the cab or bus when there are no passengers, ie: no one can smoke in taxi cabs or buses.

Commissioner Melcher: I make the motion to approve it.

President Tornatta: Second. We’ll have, we’ll hold our discussion until after. We will, once again, give people in the audience two minutes to talk to this measure. At that time then we will have a two minute discussion from each of the Commissioners and a roll cal vote. I would entertain somebody that wanted to speak. Yes, sir.

Ed Lahue: Yes, I’m from St. Mary’s. I have a written statement that I would like to read.

President Tornatta: Sure.

Ed Lahue: I’ve got copies of it, if you would like them?

President Tornatta: Absolutely. Once again, I would just remind everybody that no matter what side you are on, we try to be respectful to both. We will have a two minute limit. Marissa will hold up when you’re getting, I believe your one minute and 30 seconds, and then she’ll give you a stop.

Ed Lahue: My statement is about a minute and seven seconds.

President Tornatta: Your name please.

Ed Lahue: My name is Ed Lahue. I’m the Director of Marketing and Public Relations for St. Mary’s.

President Tornatta: Okay.

Ed Lahue: On behalf of St. Mary’s Health System and the President and CEO, Tim Flesch, I am here today to show our public support of the smoking ban for all public places. As a leading local health care, excuse me, health care facility, we know all too well the effects that smoking and second hand 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. In fact, it has been shown that second hand smoke plays a role in causing or contributing to a number of deaths, excuse me, of health problems from cardiovascular disease to cancer. The Surgeon General reported in 2006 that scientific evidence shows that there is no safe level of exposure to second hand smoke. Experts believe that second hand smoke is to blame for 3,400 adult lung cancer deaths, and an estimated 35,000 smoke related heart disease deaths in the United States each year. To show our support of this ban, St. Mary’s main campus and all of our facilities have been smokefree since November 17, 2005. We urge you to vote in favor of the health and well-being of our community and all its members. Thank you for your time.

President Tornatta: Thank you, Ed. Hold on one second. You’ve got somebody right behind you.

Linda White: Good evening. I’m Linda White. I’m representing Deaconess Health System. Thank you, Mr. Tornatta, Mr. Melcher, and Mr. Winnecke for representing the residents of our community. You were elected to represent what is best for our community, our economy, our health and our people. We don’t need to rehash the statistics related to smoking or second hand smoke. We don’t need to review the pros and the cons of the smoking exemption. All I ask you to do tonight is to ask yourself if your vote on this important issue truly represents the following; what is in the best interest of the majority of the citizens of our county, the majority being non-smokers? What’s in the best interest of the employers of our community who are jumping hurdles to decrease the cost of health care, and this includes the absenteeism due to lung congestion, emphysema, respiratory illness? What is in the best interest of bringing new businesses to our county, where we rank as an unhealthy state throughout the community and other states? What’s in the best interest of demonstrating to our children healthy habits? Let these questions weigh on your mind as you cast your vote tonight to represent those in our community, the people representing your county, and everybody else affected by this vote. Thank you.

(Applause)

President Tornatta: Thank you, Linda. Yes, sir.

Gene Maxwell: Well, gentlemen, here I am again. I guess, the lone voice in the forest.

President Tornatta: Your name?

Gene Maxwell: Gene Maxwell.

President Tornatta: Alright, Gene.

Gene Maxwell: I’m the commander of American Legion Post Eight, one of the two clubs in the county that has a liquor license. Probably nobody with one of these stickers on tonight owns a restaurant, owns a tavern, or is a member of a club in the county. Now my members want to smoke. I told you this last week. I congratulate you men by sticking by your guns, two of you. We still want to smoke in our club. Thank you.

President Tornatta: Thank you, Gene.

Martha Caine: I’m Martha Caine, and my address is 614 Southeast Third Street in Evansville. As I stand before you tonight, I want you to think of the nearly 45,000 other young adults that live in this county. Troy, when you spoke to the Smokefree Communities group you mentioned that you have what you called a voting dollar, meaning if a place has smoking you will vote to spend your dollar in a place that does not. I too have a voting dollar, along with these 45,000 other young adults, but it isn’t one that we get to spend very often, because the options for smokefree nightlife and entertainment are so limited in this county. I’m also a member of the Young Evansville Professionals Club, of which there are some members who are here with me tonight, and it is very difficult for us to retain membership in this group, because young people are moving to more progressive cities that have smokefree air laws. Troy, you also stated to the Smokefree Communities group that if we don’t like the smoke in the bar, or in other public places, that we can just stay home. Well, for 20 and 30 year olds that becomes so boring that we end up just moving away. The previous body of Commissioners held public debate on this very issue two years ago, and acted on the facts to enact the current ordinance. In this time of great need for fiscal and careful consideration of the needs of Vanderburgh County citizens, this Commission is spinning its wheels back in time. You have chosen to distract the public away from solutions to real problems, while enacting a seriously flawed amendment that harms workers and public health. For those of us who have stayed and waited patiently for two years for this ordinance to provide breathing room, for the workers of Vanderburgh County, what a disappointment. If you amend this ordinance, I will be ashamed to call Vanderburgh County my home. I am pleading with you to give this ordinance more than 12 days. Give it more time, at least six months. Thank you.

(Applause)

President Tornatta: Thank you, Martha.

Kenny Page: I’m Kenny Page from 1731 E. (Inaudible) Street in Apartment A. Thank you guys for letting me speak today. I think that smoking in bars, if you are going to stop smoking at bars, then you should stop selling alcohol, because that might hurt somebody that does that, or kill somebody. It might hurt or kill somebody. How do you guys plan on making your wages, if you guys plan on stopping smoking altogether? How do you guys plan on doing that, (Inaudible) your wages. One other thing is, (Inaudible) not happy at all, I don’t want nobody to tell me what I can and can’t do. Thank you guys.

President Tornatta: Thank you, Kenny. We have one over here. Are you ready? Okay.

Tony Schmitt: My name is Tony Schmitt. I live at 3130 Waterman Drive on the west side. As I said last week, we have second and third hand smoking. That hasn’t changed. The history of COPD is one that we’re not going to see in a matter of ten years in some folks. We’re going to see it in a longer period of time. The gentleman from the VFW, I agree, it was wrong for them to get cigarettes, but we’re not making them smoke now. As a respiratory therapist we see, everyday, what this stuff does to them. So, what I would like to say is to argue that the reason for this change is to prevent these businesses from closing has no foundation for support. Also, the argument that the county ordinance should mirror that of the city is invalid. The progressive thinking, health promotion and rationale, logical thinking community must not change. We should keep the county ordinance as it is. The issue about, you know, smoking and drinking, well, there’s plenty of statistics in my e-mail that I sent you that relates children smoking in relationship to using other drugs and drinking. So, if you want to push it that far, there’s argument for that as well. So, finally, the argument of the City Council, or the County Council to think that there’s no one on the City Council committee that would change. That’s not progressive thinking. I think it should be our job, and your job to make them change. To make them see the light. To make the Mayor see the light, and make change for a non-smoking community totally. Thank you.

President Tornatta: Thank you.

(Applause)

Denise Bartholomew: Good evening.

President Tornatta: Good evening.

Denise Bartholomew: My name is Denise Bartholomew. I live at 1720 Plaza Drive in the county. In addition to my full time job, I have worked with Smokefree Indiana for the last ten years, facilitating smoking cessation classes, as well as the quit smoking support group. The reason I gave up two evenings of my week for the last ten years is very simple. My goal was to help people in our community quit smoking and lead healthier lives. Mr. Tornatta, Mr. Melcher, I would ask, what is your goal for our community? Is it a progressive one geared toward the health and the well-being of the citizens of Evansville? Or is it to appease a few tavern owners? The argument we keep hearing from you is, it’s all about leveling the playing field, that it’s only fair to have the county and the city the same. But, I have to ask, fair to who? Those few tavern owners? The minority of the people that still smoke? Why are you so keen to be the nice guy to these few select people at the expense of the majority of all of Evansville? Because it sure isn’t fair to the majority of the people who told you explicitly in the poll by the Courier and Press that they did not want smoking anywhere. So, who exactly is benefitting from this proposed fairness? You are going against the majority of the people in this community. The majority. How can you do that? Why would you do that? This is such a step backwards. It is basically a slap in the face to everyone in this city and county who has worked so tirelessly and diligently the last few years to make Evansville a progressive, health conscious community and improving the quality of life for all of us. Now, the two of you sit here, with all this power, and you’re about to throw all that hard work away with a simple vote. It’s a shame, an embarrassing shame. Thank you.

(Applause)

President Tornatta: Thank you, Denise. Anybody else? Yes.

Vera Blackman: Good evening. My name is Vera Blackman. My address is 3100 Lowe Lane. Last week a statement was made that a comprehensive ordinance wasn’t going to happen anytime soon from the City Council, by Commissioner Melcher. After hearing that statement, last week I truly began to think about the political process. Forget about all the health concerns and equal rights for employees, you are obviously ignoring that. But, let’s think about politics here, this time last year there were rumblings about a Democratic nominee and would that nominee be a black man or a woman, neither which had never happened. I ask you, how many said it wouldn’t happen, shouldn’t happen, they wouldn’t allow it to happen? Yet and still, a week from today history will be made when President Elect Barack Obama becomes the 44^th President of the United States. How is it that something that seemed impossible became possible? People made it possible. People like the people in this room, and people like you serving as legislators, holding key delegate and superdelegate positions. There were millions of first time voters., People who didn’t think their vote counted. People who usually vote Republican, and people who don’t have black friends or live in black communities who voted and shared their support for this man. People like you then had no choice but to make your vote heard as well to support the will of the constituents. It’s up to you now to not disobey the will of the people. It’s up to you to do what we elected you to do. It’s up to you not to have us question what is the true agenda of this County Commission, To do what is right for Vanderburgh County, or to hide behind a poor and lame excuse of bringing the county and city together on this. Because if that’s your stance, you will do nothing to this ordinance and allow the city to see why they’re behind and backwards and need to do the will of their constituents as well. We say to you, please keep this ordinance in place. We want a smokefree county. Thank you.

(Applause)

President Tornatta: Thank you, Vera. If the next person would want to come up to the front row, maybe we could, we would just have some people ready to speak, if we could, I would appreciate that. Thank you.

Eric Herndon: Good evening. I’m Eric Herndon with the American Cancer Society. Director for the Southwest Indiana area. Thank you for allowing me to be here this evening to speak about this important subject. I work for the people of Vanderburgh County through the American Cancer Society. I urge the Vanderburgh Commission to make decisions based on fact. Medically or economically eliminating smoking indoors just makes sense. I handed out some information for you supporting that. Just simple facts. There have been several studies done during the last decade on the impact of smokefree laws on business. Every one not funded, but the tobacco industry has come to the same conclusion, that smokefree laws have no net negative economic impact on businesses. In fact, smokefree laws help businesses save money by lowering expenses and boosting worker productivity. Something even more concerning is a real danger of second hand smoke. In the end this is a public health issue. Second hand smoke kills people. Exposure to second hand smoke is the third most preventable cause of death in the United States. You’ve heard time and time again about the health effects of second hand smoke. You’ve heard that there are over, that there are 50 known carcinogens, including formaldehyde, benzine and Pelonium 210. I’m sure you’ve also heard that second hand smoke itself is labeled a class A carcinogen by the EPA, and that this is the same label used for such deadly chemicals as radon and asbestos. All these facts are not disputable. In 2006 the Surgeon General’s report stated that the only way to avoid the risk of second hand smoke is to make all work places, including bars, taverns and membership clubs smokefree. In reaction to this evidence the Vanderburgh County Commission decided to put the health of its residents and businesses first by enacting a comprehensive smokefree law. You should let it remain that way. You might not know this, but just recently the Hancock County Commissioners heroically chose to keep their knew ordinance comprehensive, including bars and membership clubs. I ask that you be similar heros and consider health and safety of workers over speculation and unwarranted fear. Thank you.

President Tornatta: Thank you, Eric.

(Applause)

Ed Butch: I’m not a resident of Vanderburgh County. May I speak?

President Tornatta: Absolutely.

Ed Butch: My name is Ed Butch. I live in Warrick County. I just want to say just a couple of things. One thing I haven’t heard here, everybody’s talking about the patrons. I have been a union member all my life. We expect and demand manufacturers to provide, to protect their employees, to provide smokefree. If we have known carcinogens, we expect them to protect the employees. I’m asking you what the difference is between a manufacturer and a non-manufacturing employer to protect their employees? I want you to think about that. Thank you.

(Applause)

President Tornatta: Thank you, Ed. Doc?

Dr. Ray Nicholson: I’m Dr. Ray Nicholson, the Vanderburgh County Health Officer. I feel it’s my duty to speak to this. I don’t feel like I would be doing my job if I did not speak out against this ordinance as you’re proposing. First of all, you’ve received much information, and I don’t want to bore you with more details, medical details and so forth. However, there are certain things that I would like to point out. As the speaker before spoke about cancer, you know, we think of cancer of the lung, only five percent of the people get cancer of the lung. But, there are many other organs that are affected by all those chemicals. I mean, cancer of the pancreas, bladder, other areas are involved, not just the lung. Only 15 percent of the people get emphysema. That’s why so many people say that cigarette smoking doesn’t bother me. However, 99 percent of the people have cardiovascular disease. This affects the smallest arterioles in the body. It is the reason why people have blindness. It’s the number one cause of blindness in our country. Number one cause of kidney dialysis. It is actually one of the leading causes of herniated discs, because the little vessels that supply the nucleus pulposus dry up and desiccates and it’s more of a reason that the workers have discs than from lifting whatever they do. So, it is a very important health problem. Our Board of Health has voted unanimously to support the ban, and I do too. I hope that you all will seriously consider, the problem is that you all want to make the playing field level, the people that spoke to this, we don’t want you to take a step backwards, we want you to go forward to protect the health of the public here in Evansville. You need to do that by, in some way causes the City Council to come up to your standards. Your standards right now are high. If you go backwards, they are going to be low. Thank you.

(Applause)

President Tornatta: Doctor? Doctor, I just had a question. Can you give us revised numbers on how many exempted businesses there are in the county at this time?

Dr. Ray Nicholson: I do not know. I know that there, how many exempted businesses, there are more in the county, less in the county than there are in the city.

President Tornatta: Do you know what the city’s number is?

Dr. Ray Nicholson: I’ve heard, since today, no, I would be afraid to give you a wrong statistic.

President Tornatta: What I had heard and didn’t know if this had changed, because I know we’re updating this constantly, there were seven businesses that would ask for exemptions, or have asked for exemptions over the past two years.

Dr. Ray Nicholson: In the county?

President Tornatta: In the county. There were ten or 12, and they ended up going smokefree. So, we’re down to seven, and I believe we’re still at 92 in the city.

Dr. Ray Nicholson: The figure I heard today was around 65, but don’t quote me. I just don’t know.

President Tornatta: Okay, because somewhere it was supposed to equal 100, and actually it’s 93 and seven, because one of our establishments now is in the city. It was in the county, now it’s in the city.

Dr. Ray Nicholson: On a personal note, I had dinner at a restaurant just the other day with a good friend of mine, and I didn’t bring up the subject, my friend did, who talked to the owner of the restaurant. He said I hope they do not do away with the ban, he says, because I want to keep smokefree, but if they do away with it, I will probably have to go along with other people who allow smoking. He expressed his desire that he wanted to keep his place smokefree, but would feel like he would have to open it up.

President Tornatta: Now, was that the city or the county?

Dr. Ray Nicholson: Green River Road, it would be the city.

President Tornatta: Yeah. Keep in mind, we have no jurisdiction–

Dr. Ray Nicholson: Yes.

President Tornatta: –over any of the 93 in the city. This is just talking about the seven in the county.

Dr. Ray Nicholson: I think your leadership would be very, very effective of those people in the city, I think they might step up to the plate and join you if you showed good leadership in this.

(Applause)

President Tornatta: Thank you.

Dr. William Wooten: Good afternoon. I’m Dr. William Wooten. I’m a retired physician. I just wanted, I came here with no prepared remarks, and didn’t intend to speak, but I find it difficult to understand why this issue is coming up for discussion again. It’s a shame, after spending the last 20 or 30 years of my medical career dealing with addictions of all sorts, and the last 10 years focusing on prevention of addiction to tobacco and other drugs, to see our community step backwards and do things that will send the wrong message to the children. Many of the people who have talked here this evening have shared facts and other reasons for continuing the smoking ban, and I just wanted to add my voice to support that continued ban of tobacco use in public places. Thank you very much.

President Tornatta: Thank you, Dr. Wooten.

(Applause)

President Tornatta: Come on.

Carol Oglesby: Hello, my name is Carol Oglesby. I live at 9607 Darmstadt Road. That is in the county. I am not a member of the health care field. I am not here representing any particular group. I’m here as a citizen of Vanderburgh County, and I know that at least you, Mr. Tornatta, have heard all the facts, and I think everyone else has too. The facts are very clear, and I think there’s only one message left to say, and that is, no smoking in public places. That’s clear.

(Applause)

President Tornatta: Thank you, Carol.

Serita Cabell: Good evening. My name is Serita Cabell, and I live at 1729 South Grand. I too was not going to give a speech tonight, but, again, you kind of feel this compulsion to get up here and speak about this. You three Commissioners are educated, intelligent men. You have positions that indicate that. Yet and still it seems that you are blindly ignoring, having ignorance upon this the will of the people. We bring up the 93, the 65, the nine, the seven. If it were going by the majority, the majority of the people in the city and the county want this. The majority of the people will support this. The majority of the people will make this be a success in Vanderburgh County, so that we can have young professionals here. So, that we can keep businesses here and get more businesses here. Please, at least give this three months or six months to see how well it can act, and we can educate the City Council and bring them along. Get that political process that the woman mentioned back there. Make this a possibility. Thank you.

(Applause)

President Tornatta: Thank you, Serita.

Andrea Hayes: Good evening. My name is Andrea Hayes, and I live at 524 Plaza Drive. I wasn’t planning on speaking either. I’m here just as a resident, but what I want to point out is that I’m here as a new resident. I just moved here within the last eight months. I too am a young professional. I’m also the mother of an asthmatic child and a public health advocate. I just find it amazing that when I was looking into moving here with my family, I was told that Evansville was on the move. That Evansville was making great changes, and I looked up the ordinances and I was excited to see what was happening. I’m just really disappointed. I really hope that you might change your mind.

(Applause)

President Tornatta: Thank you, Andrea. Anybody else? Let me guess, you thought you weren’t going to speak?

Bob Murphy: I’m sorry. My name is Bob Murphy. I am a health care professional. My address is 610 Berringer Drive. I wish I could say I was a young professional, I’m not. I just, you know, I’m not going to sit up here and tell you guys the ill effects of smoking, because we all know that. I hate to say it, but my father was in politics in the city of St. Louis, and he still is for 35 years. This is a travesty. Okay? I mean, guys, it’s not a right issue. I understand if people want to smoke. That’s their right. There’s many rights that we have as citizens, but this is not an issue of right. This is an issue of health. Okay? I can’t tell you how excited I was last year to go to Los Bravos, my home away from home, and eat in a smokefree environment. I know, I see the one minute. To take that back is just, it doesn’t make sense. I mean, it really doesn’t. I’m very passionate about this, as you can tell, but to go back on this and be the only county in the State of Indiana to repeal , it’s just, it doesn’t make sense. I plead with you to, you know, take a step back and think before you vote. Because I guarantee you, if the vote goes in the wrong way, then the people will speak. Okay? We will speak next election, and I guarantee you it will be hard. Thank you very much.

President Tornatta: Bob?

(Applause)

President Tornatta: Bob?

Bob Murphy: Yes, sir?

President Tornatta: Los Bravos is located where?

Bob Murphy: Oh, I know where it’s at.

President Tornatta: I’m just asking, which –

Bob Murphy: Well, I go to all of them. It doesn’t matter.

President Tornatta: Okay. Well, I mean, I’m just clearing up a misconception.

Bob Murphy: I know, I know, it’s the one on First Avenue, but still they were, they had smoking in there prior to this ordinance, and they decided to go smokefree. As many others have. But, my fear is that , you know, things will change, and there’s no need to change. If people want to go to eat, and that’s fine, but to not have a cigarette for an hour, I think that’s okay. Because when you go to somebody’s house and it’s a smokefree environment, do you ask them to smoke in their environment? No. You wait, you go outside, or you wait till you go home or wait until you get in your car. You’re not asking a lot. But, you’re asking the lives of many other people in that room, in that restaurant to be exposed to second hand smoke? I mean, it’s, it doesn’t make sense.

President Tornatta: Bob, you understand that we don’t control what the city does?

Bob Murphy: I know that, but I’m talking to you three.

President Tornatta: I understand. But, you understand that if there was non-smoking in there today, and there was non-smoking in there in December, there’s going to be non-smoking in there in February?

Bob Murphy: I know, but that’s not–

President Tornatta: I’m just saying, because there’s misconceptions.

Bob Murphy: Oh, I know, I know, but that’s not the issue at hand here tonight. The issue at hand is you three voting. That’s the issue at hand. Not what’s with the city. I’m not worried about the city–

President Tornatta: Sure.

Bob Murphy: – I’m worried about convincing you two to vote the other way. That’s what I’m worried about. So, I appreciate you letting me talk, and now I’m going to go exercise. Thank you.

President Tornatta: Thank you, Bob.

(Applause)

President Tornatta: Anybody else? Okay. That being said, we have a motion and a second. We’ll ask for discussion from the Board. Mr. Winnecke?

Commissioner Winnecke: Thank you, Mr. President. First, thank you for the nice turnout tonight and the passion with which everyone spoke. I’m sorry that my request last week to delay the vote until such time that we would have an opportunity to work with the City Council, to work with a common smoking ordinance that really promoted a healthier community fell on deaf ears. I think this is a disappointing day for Vanderburgh County, from a public health perspective and from an economic development standpoint. I think it’s very sad that the politics of the City Council is influencing and now hindering the actions of county government. I would hope that at least tonight, after tonight we can make an overture to the City Council to keep this discussion alive. Because, ultimately, we’ve thrown the ball back to them, and I think that’s the wrong move.

President Tornatta: Mr. Melcher?

Commissioner Melcher: First, I just want to thank everybody for coming out this evening and voicing their opinion. This is what this site is for. I want to thank the ones that were also, were here to vote for what we’re doing, because I understand as a veteran what Funkhouser is going through. But, this is something that, you know, with every vote that we take up here is not taken lightly. You know, we have to consider a lot of things when we vote, and that’s what I do. Thank you.

President Tornatta: A lot of good comments, I think, that, and I appreciate everyone being respectful of the process. Whether you agree with the direction or don’t agree with the direction, there’s one thing, we can be respectful. We have talked many times that there are two different ways to get to a common goal. There are a lot in this room that don’t believe that there is another way to get to a common goal, but I say be patient, and I say stick with the cause. Over the last two years there has been ample time to work on our City Council, if that’s an avenue that we thought should have been taken. To rest this entirely on the County Commission in a situation where we have been in the minority on the establishments is tough to put to our establishments that the seven make the 92 go a direction. The Courier and Press has been referenced many times, saying about how many people wanted the smoke versus did not want to smoke. However, last week the Courier and Press ran a poll that said how many people want a level playing field in the city and county on the smoking ban. Last check was 399 to 99 for a level playing field. We, I as a Commissioner, I’ll speak for myself, would support a state law that would deal with a comprehensive smoking ban, and would be in favor of that. Since the time that we have talked with our Smokefree Communities, I have also talked to our neighbors in the county that asked for exemptions, and of those neighbors, all but one said that if the city would go in the direction of a smokefree community and have a comprehensive ban, they would too, because they feel a lot of pressure right now in the business world. So, I stand by that. Tomorrow I will direct a letter, a personal letter to Councilman Adams saying that I, as a County Commissioner, will support and open talks if the City Council or Councilman Adams would like to embrace those talks. I will be a proponent for working with my county to mirror a city’s ban, if the city wants to take that tact. With that, 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 passes 2-1. Commissioner Winnecke opposed.)

(One person applauding)

President Tornatta: New business? We have, um....okay, Majestic Place, okay. Okay, for those who have sent numerous e-mails for the, and, excuse me, we’re still running the meeting. If we could just be quiet. I’m sorry. Under new business, we would like to tell, those who are interested in Majestic Place, we do have a, it does look like there will be a continuance on January 20^th. Essentially, what that means is, we would send the measure back to Area Plan, and at that point we would let the developers and the residents and the neighbors have ample opportunity to discuss any of their concerns and, hopefully, work out a compromise. So, anybody else have new business?

Commissioner Melcher: No, I want to say something about that. So, what they’re doing, are they going back to Area Plan? Is that where they’re going back to? Are they going to do a special use development?

President Tornatta: The developers want to address certain use and development issues.

Commissioner Melcher: Okay.

President Tornatta: With the neighbors.

Commissioner Melcher: My understanding is, don’t we have to vote to send that back?

President Tornatta: On the 20^th.

Commissioner Melcher: On the 20^th? So, on the 20^th we’re going to be prepared to send it back?

President Tornatta: Well, if the vote goes through, and, I guess, I’m mentioning it now–

Commissioner Melcher: Okay.

President Tornatta: –because, far and away, more e-mails have I returned today with that issue.

Commissioner Winnecke: Actually, haven’t they just withdrawn it from the 20^th?

Commissioner Melcher: I don’t know that, that’s why I’m asking.

Commissioner Winnecke: I think that’s the–

President Tornatta: No.

Commissioner Winnecke: –because I think the developers are meeting with the neighbors and the West Side Improvement Association on Thursday.

President Tornatta: It’s on a timed course. So, it has to be sent back.

Commissioner Melcher: If they’re going to change it, it has to go back, as a special use, it has to go back to Area Plan. We have to vote to send it back. So, they’re time, you know, works out that way.

Commissioner Winnecke: Okay.

Commissioner Melcher: I suggested to them that maybe they ought to have a special use, because I didn’t like that they didn’t have it all tied down. But, I didn’t know, nobody called me to say that.

President Tornatta: Right, and, I guess, I just bring this up because, there’s a lot of sentiment out there that one would think that we’re not going to give ample time, or we’re not going to let people know about these situations. We’re actually jumping a week ahead of the gun to let you know that the likelihood of us sending this back to Area Plan would be on the 20^th. David?

David Miller: I have nothing.

President Tornatta: Any old business? I don’t, this is not really old, I guess, it’s back in new business. I would, I guess, being, Lloyd, you might know this more than I do, as far as the county, but I’ve been getting a lot of reports about the county, and I’ve talked to Duckworth and I’m going to meet with him out there here within the next week or so. But, I would like to get a list of equipment that’s broke down, and how long it’s been broke down, and do we know how much it’s going to cost to repair it? Then, I would also like to get some kind of an idea, because I haven’t seen anything, I tried to find it, about the break room that cost $50,000, then it cost $50,000 more. I don’t, I haven’t been able to find anywhere where any of that, and I understand that a lot of the employees done it. So, is there a breakdown somewhere, Bill, would that be in your department?

Bill Fluty: Mike would have the figures on–

Commissioner Melcher: Okay.

Bill Fluty: –we also would have that.

Commissioner Melcher: So, Mike would have that? Because I just want to know what we paid the construction people, what we paid for is what we got. Also, I understand that we jack hammered a lot of that stuff out of there ourselves and there’s time involved and cost involved in that too. I don’t know if that’s part of the $50,000, or if that was just manpower.

Bill Fluty: I wouldn’t have knowledge of actually if Highway workers were doing the demolition.

Commissioner Melcher: Okay, but, we could get that from Mike?

Bill Fluty: Yes, Mike would have that.

Commissioner Melcher: Alright, thank you.

President Tornatta: Alright, any public comment. Mr. Jeffers?

Bill Jeffers: Good afternoon, Commissioners. I just received this memo, about 20 minutes ago. So, it says for immediate release, January 13, 2008, it’s not signed, but it has the seal of the City of Evansville, Vanderburgh County seal, and EVSC’s seal on top, with contact Audry Levy?

President Tornatta: Audra Levy.

Bill Jeffers: It regards city-county and EVSC joint purchasing agreement. It explains what apparently is the result of on-going talks between the Mayor, Commissioner Tornatta, and Vince Bertram regarding moving the city-county Purchasing Department over to EVSC at , on Walnut Street, I believe. Is that over–

President Tornatta: Where the old bus–

Bill Jeffers: Where the bus parking is?

President Tornatta: Parking used to–

Bill Jeffers: Yeah. So, I had some questions about this. I don’t doubt that it would be a money saving move, as is explained in this memo, and you’re eliminating some employees. So, obviously, the elimination of two employees would save money, I understand all that. It’s a consolidation move of some sort, but I had some comments that I wanted to make publicly to make sure that you all had thought this out, because it’s not mentioned in this memo. You realize that’s also the mail room? They handle about $300,000 worth of mail, or more, per year out of that room.

President Tornatta: And, I just want to just let’s let the air out of this just a little bit and say that this was predominantly done under a prior administration.

Bill Jeffers: I’m just reading what, I mean, I just got it, I’m just reading it.

President Tornatta: Understand, understand, and probably should have brought that out, and I appreciate you bringing it up.

Bill Jeffers: But, you realize that’s the mail room?

President Tornatta: Okay.

Bill Jeffers: And they handle about $300,000 worth of postage, out of this building per year. Was that considered?

President Tornatta: I’ll look that up, Bill.

Bill Jeffers: Okay. They also handle the mailing of the absentee ballots, the voter registration cards, the jury notices from the court system, purchase orders, price checks, etcetera. I mean, well, I can understand, I think it’s probably addressed the purchase order, the price checks, the delivery costs, the supplies. Does that mean that people in this building will have to truck across the back 40 to pick up, or pick up their supplies from now on? Will they be delivered over here?

President Tornatta: They will be delivered.

Bill Jeffers: Okay, but I want you to consider, particularly the mail.

President Tornatta: Okay.

Bill Jeffers: There’s a huge volume of mail coming out of the courts, and these offices up here that I don’t see considered in this memo.

President Tornatta: Okay.

Bill Jeffers: Thank you, sir.

President Tornatta: Sure. Thank you. Alright, and just to kind of elaborate on what went on at today’s press conference, we had, the City of Evansville and the EVSC started a process by which they were going to try and bring some of their purchasing services together. First it was talked about having storage, set storage units that they each would utilize, and then it went to purchasing. They asked the county if they would like to be a part of that purchasing consortium. We, our prior administration had been in all the negotiation talks. Our attorney had approved the contract, and the set date was January 13^th, prior to this administration. But, we are gladly in favor of anything that would give ourselves an advantage in saving some dollars and being more efficient, and this is one way we have identified. We will address those other issues. So, I appreciate you saying something.

President Tornatta: Alright, we have board appointments. Either side, if you want to tackle those.

Commissioner Winnecke: Mr. Chairman, at this time I would move that we would make, this body would make the following appointments to the MWBE Board; Darrell Ragland, Frankye Calloway and Carolyn Waters, or Walters, excuse me; Human Relations Commission, Jamil Wali; to EMA, Sheriff Eric Williams and Tom Barnett; to the CVB, Greg Gee and Joe Vezzoso; to the HVAC Board, Bob Crow, John Dillingham, Wayne Ravellette; to the Construction and Roofing Board, Ron Dauby, Steve Heidorn and John Elpers, and I would make that in the form of a motion.

President Tornatta: We do have one amendment, on Human Relations, would also include Erika Taylor.

Commissioner Winnecke: I would include that name in the motion.

Commissioner Melcher: I thought we did Erika Taylor last time.

President Tornatta: Did we?

Commissioner Melcher: Yeah, we did.

President Tornatta: We did? Okay, I apologize. Okay.

Commissioner Melcher: We did Erika Taylor last week–

President Tornatta: Okay.

Commissioner Melcher: I’ll second.

President Tornatta: Thank you. 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)

Madelyn Grayson: President Tornatta, is there an agreement to sign for this evening for the county, for purchasing? Because I don’t have it if there is.

President Tornatta: Does Ted have that?

David Miller: That agreement was not delivered to us. I was told that the agreement was in the hands of the Commissioners office. So, I’ll have to check back with Ted, because he concluded those discussions early today, and sent an e-mail around to all of you about it, saying, I believe EVSC was the last one of the legal counsel to sign off on it. That happened about noon today.

President Tornatta: Would we–

David Miller: I was told, I even asked about it, because I have files on all the others, but I was told by Ted that that agreement was in the hands of the Commissioners office.

President Tornatta: Will we end up, we’ll end up putting that as an action item on the 20^th?

David Miller: I think you need to do that.

President Tornatta: Okay. Alright.

President Tornatta: Madelyn, if you’ll go through the consent items.

Madelyn Grayson: Okay, the consent items for the January 13, 2009 Commission meeting are as follows; approval of the January 6, 2009 Commission meeting minutes, employment changes for the various offices, travel requests, there are four for the Health Department, one for Area Plan Commission, one for the County Treasurer, two for the County Coroner; Legal Aid Society, the fourth quarter 2008 year end statistics; the Commissioners Key Government Finance disbursement; Commissioners citizen letters regarding smoking ordinance; EPD waiver of fees, not overtime for use of the Centre for various events for the Evansville Police Department for 2009; County Auditor, request to roll over 2008 employee vacation time; County Treasurer, year-to-date report for December 31, 2008; and department head reports for Burdette Park, County Highway and the Ozone Officer.

President Tornatta: I need a motion.

Commissioner Winnecke: So moved.

Commissioner Melcher: I’ll second.

President Tornatta: Discussion? Public comment? 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: Do I have a motion to adjourn?

Commissioner Melcher: So moved.

Commissioner Winnecke: Second.

President Tornatta: So ordered.

(The meeting was adjourned at 6:06 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the January 6, 2009 Commission Meeting Minutes.

Key Government Finance Disbursement #13: Telephone System.

Citizen Letters Regarding the Smoking Ordinance.

EPD: Waiver of Fee/Not OT for the Centre: Various 2009 EPD Events.

Employment Changes:

Auditor (2)                                 County Clerk (2)             Superior Court (1)

Burdette Park (2)                      County Assessor (1)       Health Dept. (1)

Travel Requests:

Health Department (4)              Area Plan (1)                  Treasurer (1)

Coroner (2)

Legal Aid Society: Fourth Quarter 2008 Year End Statistics.

Auditor: Request to Roll Over 2008 Employee Vacation Time.

Treasurer: Year-to-Date Report: December 31, 2008.

Department Head Reports:

Burdette Park                           County Highway                       Ozone Officer

Those in Attendance:

Troy Tornatta                            Stephen Melcher                      Lloyd Winnecke

Bill Fluty                                    David Miller                               Madelyn Grayson

Ashton Kilby-Benefield             Adeline LaMar                          Jeani Harl

Emily Rusk                               Dave Rector                             Ed Lahue

Linda White                    Gene Maxwell                           Martha Caine

Kenny Page                              Denise Bartholomew                Tony Schmitt

Vera Blackman                         Eric Herndon                            Ed Butch

Dr. Ray Nicholson                    Dr. William Wooten                   Carol Oglesby

Serita Cabell                             Andrea Hayes                           Bob Murphy

Bill Jeffers                                 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.)