VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

JUNE 2, 2009

The Vanderburgh County Board of Commissioners met in session this 2^nd day of June, 2009 at 5:00 p.m. in room 301 of the Civic Center Complex with President Troy Tornatta presiding.

President Tornatta: Good afternoon. We will start the Board of Commissioners meeting, June 2, 2009, room 301. 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: Sam Elder, would you mind leading us in the Pledge of Allegiance?

(The Pledge of Allegiance was given.)

President Tornatta: Sam, if you would stay up here. We’re going to bang on you for a little bit. Now, Sam, exactly how long have you been at that Health Department?

Sam Elder: Well, today it makes 60 years.

President Tornatta: Can you check and make sure that mics on, Sam?

Sam Elder: Sixty years.

President Tornatta: Well, with that in mind, we would like to, the Commissioners got together and thought that this was an appropriate time to do a 60 commemoration and proclamation in Vanderburgh County. So, if you’ll bear with me, if I can read it through the glare.

“Whereas, Samuel T. Elder, Jr. has served Vanderburgh County for the past 60 years-June 2, 1949 through June 2, 2009; and, Whereas, Mr. Elder worked through the consolidation of the City and County Health Departments in 1949; and, Whereas, Mr. Elder began his career with the Health Department as a food inspector and then a dairy farm inspector; and, Whereas, on July 24, 1964 Samuel T. Elder, Jr. was the first chair of the state licensing board for public health environmentalists. Mr. Elder himself holds license number one; and, Whereas, in 1977 the Board of Health in an administrative restructuring named Mr. Elder full-time, non-medical Administrative Director overseeing the day to day operations; and, Whereas, Mr. Elder is the past president of the Indiana Public Health Association, and the past president of the Indiana Vector Control Association, and past president of the Indiana Environmental Health Association and is also the only person who has held the top position in all three of those statewide organizations; and, Whereas, Mr. Elder’s last day at the Health Department will be Friday, July 31, 2009. Therefore, we, the Board of Commissioners of Vanderburgh County, Indiana recognize Samuel T. Elder, Jr. for 60 years of dedicated service to our community.”

(Applause)

Commissioner Winnecke: Congratulations, Sam.

President Tornatta: If you would like to say something, we’ve got a minute to listen.

Sam Elder: You know, basically, this has been a wonderful place to spend a lifetime. I can’t think of anything, what I guess I’m saying is I should be giving the people that have allowed me to work at something that I enjoyed very much for all these years, I think I should be giving you and them an award, instead of receiving one. I take nothing with me but good memories. I can’t think, I try to think back, and, you know, sometime in an enforcement position it’s not a good place sometime to make friends. But, I don’t think that I’ve had dealings with anyone in all these years that I can’t sit down and have a cup of coffee with. I’ve had disagreements with a lot of them, but it all worked out. Thank you so much.

President Tornatta: Thank you, Sam.

(Applause)

President Tornatta: There won’t be many people, if any people work 60 years at this county. So, we appreciate all you’ve done.

President Tornatta: Let’s go back up to permission to open VC09-06-01, concrete repair of various roads.

Commissioner Melcher: So moved.

Commissioner Winnecke: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: And also VC09-06-02, Lynch Road erosion repairs.

Commissioner Melcher: So moved.

Commissioner Winnecke: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, Deidra?

Deidra Conner: Deidra and company.

President Tornatta: Deidra and company, from the ARC.

Deidra Conner: Thank you. Sam will be a tough act to follow. He’s very gracious. My name is Deidra Conner. I’m the president of Evansville ARC. Thank you for letting us come back again and give you an update every six months. It seems like those six months were just yesterday. For those of you who don’t know, who may be in the audience, Evansville ARC is a not-for-profit organization, also a United Way agency, that was founded in 1954. We were founded by a group of parents who had children with special needs, but no place to send their kiddos for school. In 1954 there were no special education programs. In fact, the school corporation really didn’t start offering those programs until the late 60's, early 70's. So, we started as a school for kids, and as those children grew in age and as more children stayed in the community, did not go off to institutions, Evansville ARC’s programs and services evolved to meet the needs of the community. So, you’ve heard us talk about our inclusive childcare center, where we serve children with and without disabilities, six weeks to six years of age. You’ve heard us talk about our adult daycare, or adult day program, primarily for adults with severe and profound disabilities, to offer alternatives other than work for those individuals during the daytime. I think you’ve heard us talk about our ISO registered manufacturing facility, ARC Industries, that gives a real world manufacturing experience for adults, even with significant disabilities. We have a variety of other programs, but, today we’re really excited, and luckily for you, you don’t hear from just me today. I’m the least interesting person that’s up here to talk to you. You’re going to hear about Community Job Link, or CJL. That is our employment services branch of Evansville ARC, where we assist individuals with disabilities in getting jobs in the community. We started that program in 1991. Since that time, we’ve served about 650 individuals with disabilities in getting jobs in the community. We have about 120 today that we’re working with actively to get jobs and keep jobs. We have about 60 to 70 community employers that work with us in that program. So, I’m going to introduce you to Denise Seibert, who’s the Development Director of Evansville ARC, and she will introduce you to our other guests here, who will really tell you what CJL is all about.

Denise Seibert: Well, you know, I have the privilege here to have with me two very special guests with me, Crystal Fetcher and Mary K. Stoermer. Crystal is involved in the Community Job Link program, and Mary K. is actually an employer that employs Crystal. So, I think it will give you a couple of different and unique perspectives that neither Deidra nor I could give you. Crystal, let’s tell them a little bit about what you do. How long have you been in the CJL program?

Crystal Fetcher: Five years.

Denise Seibert: And, where do you work?

Crystal Fetcher: Central Child Care.

Denise Seibert: And, how long have you worked there?

Crystal Fetcher: It will be four years in August.

Denise Seibert: I told her, I think that’s very impressive, because very few of us hold jobs for more than four years anymore. What do you do on a daily basis? What are some of your job duties at Central Child Care?

Crystal Fetcher: I change diapers, I get breakfast and lunch ready, and take care of the kids, and clean toys when they need to be done.

Mary K. Stoermer: (Inaudible).

Crystal Fetcher: Yes, when necessary.

Denise Seibert: And, what are your hours, and how many days a week do you work?

Crystal Fetcher: Forty hours, forty weeks.

Mary K. Stoermer: No, forty hours.

Crystal Fetcher: Forty hours, 7:45 to 4:45.

Denise Seibert: Monday through Friday?

Crystal Fetcher: Monday through Friday.

Denise Seibert: And, what ages do you work with?

Crystal Fetcher: Twos.

Denise Seibert: Okay, I think that right there tells you what a great person Crystal is.

President Tornatta: Wow! And for four years.

Denise Seibert: Yes, forty hours a week.

President Tornatta: I only wanted my two year old for one year.

Denise Seibert: Exactly. Exactly. What do you consider the best part of your job?

Crystal Fetcher: Getting to know the kids and their parents, and playing with the kids.

Denise Seibert: You know, how often does your CJL employment specialist does she come visit you?

Crystal Fetcher: Just whenever, once a month.

Denise Seibert: Because Crystal needs very little assistance.

President Tornatta: Absolutely. That’s great.

Denise Seibert: So, it requires very little of our staff time in terms of follow along services. Mary K. is the Assistant Director.

Mary K. Stoermer: I’m the Assistant Director. I got involved with Job Link, they called and asked if we, they had Crystal who was interested in working with childcare, would I have her come in. I said what we could do is a job shadow. So, they came in and her mentor is what we call them, stayed with her for three or four hours, and came back and talked with us, and then we sat down and talked with the mentor and Crystal and gave her our expectations of what we expected from her. Now, we have two that are employed at Central Child Care, both have exceeded what we thought they would do. Both going to college, working on what we call a Child Development Associate Degree, and are both allowed to be by the children by themselves.

President Tornatta: Wow!

Commissioner Winnecke: Great.

Mary K. Stoermer: Very successful, their mentors, when they first started Crystal’s mentor was there every week. And, her mentors now stay in touch with us and say is there anything that we need to work with. As I can say, both of our employees have been, I can always count on them. They’re never out. They never call in for a headache.

Denise Seibert: Well, I think another unique thing to point out with Crystal here, is when she first started becoming involved with Evansville ARC, she was originally in our Successful Transition program, which is a partnership with the EVSC and Evansville ARC to work with high school students as they’re leaving high school programs to figure out what the next step is going to be. Is it to get a job? Is it to attend other Evansville ARC programs? So, Crystal here is just a poster child for the Successful Transitions program and Community Job Link, because, as you can see, she worked with our transition consultants through high school, immediately after high school got signed up for vocational rehabilitation services through Voc-Rehab, and here she is today four years later working a forty hour a week job. I think a goal that any of us would have as we leave high school. So, thank you very much, and I know Deidra is going to finish up with just a few other statistics. Do you guys have any questions for Crystal?

President Tornatta: Absolutely.

Denise Seibert: I figured that.

President Tornatta: So, what’s the most difficult part of your job?

Crystal Fetcher: The kids.

Mary K. Stoermer: She has 15, the ratio is five to one. There is 15.

President Tornatta: Okay.

Crystal Fetcher: Yeah.

Mary K. Stoermer: So, there’s three teachers and 15 two year olds.

President Tornatta: Okay, and what’s the best part of your job?

Crystal Fetcher: Hugs and kisses.

President Tornatta: And sleeping?

Crystal Fetcher: Yeah.

Mary K. Stoermer: Nap time.

President Tornatta: Alright, and Crystal, do you live at home?

Crystal Fetcher: Yes.

President Tornatta: Okay, well, great. Any other questions? Crystal, thanks for coming in.

Crystal Fetcher: You’re welcome.

President Tornatta: Alright.

Deidra Conner: Of course, I always have to say a few more words. I can, we have a daycare at our office. So, when I’m having a bad day, or think I have a very difficult job, I go to the two year old room, and it makes me very grateful for the job I have. That is a tough job, but the hugs and kisses, that’s a really great reward. Well, as you can tell, you know, employment is very important to all of us. It’s part of our identity. What’s the first thing someone asks you typically after they learn your name? What do you do? Where do you work? That’s true for all of us. When I talk to the folks that we work with at Evansville ARC and ask what do you want, what are your goals? It’s typically a job, and to live in the community. So, we would like to thank all of the employers who support us and work with us. We have over 60 employers currently, and I think we have a listing of those in our newsletter that we want to leave with you, so that you know who those folks are. I do have a couple of slides. Do we have a few minutes that I can show you three slides?

President Tornatta: Sure.

Deidra Conner: Of course, I always want to....right click?

Brenda Jeffers: You can just click on the ones that you want on the side.

Deidra Conner: Okay. I can move the mouse. As I tell you every time we meet, our successes are your successes. We have had a partnership with the Vanderburgh County Commissioners since 1964. That’s probably one of our longest standing funding relationships. As you probably know, we just submitted our request for the next fiscal year. I know it’s probably going to be a very tough budget year, but I want you all to know how important your funding is to us. We couldn’t do the things that we do without your support, because the state funding just does not meet the needs of the people we serve today. If you look at this slide, just to give you and the audience a reminder of who we serve, about 87 percent of the people we serve has a medical diagnosis, and I know this is not a popular term, but it is a medical diagnosis of mental retardation or developmental disability. But, we do serve people with autism, cerebral palsy, you’ll see the other includes brain injury, learning disabilities, a variety of other disabilities. So, not everyone looks alike, not all of the needs are the same. You can see the primary diagnosis, less than half of the individuals we serve are considered a mild disability, if they have an MR/DD diagnosis. The individuals we serve typically, that more than 49 percent, need assistance with feeding, toileting, ambulation, lots of medication. So, just to give you a flavor of some of the work that we do and the needs that are there. In addition, this is new information to me, only 25 percent of the people we serve have one diagnosis. Many have two, three and four diagnoses. So, again, just to give you a flavor of its complex needs, lots of hand over hand assistance, lots of medication administration, and not just a cookie cutter approach. Individuals have different needs, and they each have an individual plan. So, it’s a very diverse group, and a group that needs significant support. But, as you’ve heard me say before, state funding has not been consistent. Our expenses continue to rise, I’m sure yours do too, utility bills, medical plan benefits for our employees, wages. So, our expenses are increasing while state funding is either level or decreasing. So, that you can see, in 2000 approximately 53 percent of our funding came from the state. Which means Medicaid or line item state dollars. Today that’s less than 32 percent. So, from your perspective, maybe the amount of the grant that you provide to us is not significant, to us it is very significant. We appreciate your support. The funding that we get from you allows us to serve people with very complex needs. It is greatly appreciated. Do you have any questions for me? For Denise? For Crystal? For Mary K.?

President Tornatta: Anything?

Commissioner Winnecke: Thank you for all you do.

Deidra Conner: Thank you.

President Tornatta: Thank you, Deidra.

Deidra Conner: We sincerely appreciate your support, more than we can express.

President Tornatta: Thank you.

President Tornatta: Alright, County Coroner?

Ted C. Ziemer, Jr.: I’ve got the results, and then John wants to look through the Lynch Road bids and make a recommendation tonight, I think, if you want to receive them now.

President Tornatta: Okay. Annie, if you’ll just give us about a minute here. Okay.

Ted C. Ziemer, Jr.: Okay. Thank you. For Lynch Road erosion control, we have four bids. Blankenberger Brothers, $7,180; Koberstein Contracting, $28,603; Allen Rellecke Excavating, $7,273; and Deig Brothers Construction, $24,175.

Commissioner Winnecke: Mr. President, I’ll move that we take those under advisement.

Commissioner Melcher: I’ll second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

Ted C. Ziemer, Jr.: Then, for concrete repair to various roads Hazex Construction, $763,650; J.H. Rudolph, $554,397; M. Bowling, Inc., $626,634.48; JBI Construction, $502,577; and Rivertown Construction, $509,887.

Commissioner Winnecke: Mr. President, I’ll move that we take these under advisement.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Madame Coroner.

Annie Groves: Hi, Annie Groves, Vanderburgh County Coroner. I have sent you all three different items; the landscaping the building and the glass, the windows. There has been a second, I’ve had to add another thing of, with the landscaping. He had only sent the first page, and actually there are two pages to it.

President Tornatta: Okay, and I think we got that up here, if I’m not mistaken.

Commissioner Melcher: From Stocker?

President Tornatta: Yeah.

Commissioner Melcher: We’ve got that.

President Tornatta: Okay.

Annie Groves: I do have layouts if anyone would like to see what they’re going to look like, what they’ve proposed. You know, what all three companies proposed.

President Tornatta: Alright, now, on the landscaping, was there any type of, did they do any service after it’s installed?

Annie Groves: Well–

President Tornatta: Was that not–

Annie Groves: –Stocker’s a little bit more, but I would like to recommend that one, because he will for two years come back and fertilize the plants to make for sure that they, you know, grow healthy for....so, he will install them, next year come back and fertilize, the following year come back and fertilize. So, for two years he will go ahead and fertilize the plants. Where, I don’t have that with the other two.

President Tornatta: Right, and were all the plants that you looked at, obviously, we didn’t get a chance to–

Annie Groves: Would you like to see the layouts?

President Tornatta: I guess, what I’m wanting to know first off, were they all the same size? Was that criteria in the bid spec? Or was this just going over it and giving their best estimation of what we needed?

Annie Groves: It was basically them giving what they thought we needed. The things that we’d asked for, what I’d asked for is something that we could have color all year long.

President Tornatta: Okay.

Annie Groves: Different plants that we could have color all year long.

President Tornatta: Right.

Annie Groves: Very low maintenance plants.

President Tornatta: Yes, and your recommendation on this one is?

Annie Groves: It would be Stocker because of the two year follow up.

President Tornatta: Okay.

Annie Groves: I’m happy with whoever you all pick.

President Tornatta: Okay. Next one then?

Annie Groves: Okay, on the building, my recommendation would be Key Construction for a couple of reasons. One, they’re the lowest price, and two, they built the building, but all three of them are good.

Commissioner Winnecke: Two was what?

Annie Groves: They built the building originally.

President Tornatta: Okay. Okay.

Annie Groves: Then, on the glass, I recommend Seimer’s, even though they are a little bit higher, if you look on page, on the other one, I don’t understand their comments what they mean down there. It just appears, it sounds like they would just weather proof, and something else would have to be done by someone else. So, I’m not, I don’t really understand the quote that they sent us.

President Tornatta: Siemer’s or the other?

Annie Groves: Lensing, yeah.

President Tornatta: Okay.

Annie Groves: If you look at the very bottom there, I don’t know what their comments mean by that. I have contacted them and I still don’t know what their comments mean by that.

President Tornatta: Okay. Alright. Let’s see here. Okay. Anything else?

Commissioner Melcher: We’ve got two (inaudible).

President Tornatta: Anything else at this time?

Annie Groves: That’s all I have at this particular moment.

President Tornatta: Alright. Would it be the recommendation of this Board to take these under advisement? Or, do you have a clear thought on where you would like to go with the project? Or take the recommendation of the Coroner?

Commissioner Winnecke: Mr. President, I would like to review them. I mean, I just saw them late this afternoon. So, I think, I would recommend that we take them under advisement until our next meeting.

President Tornatta: Make that in the form of a motion?

Annie Groves: May I ask one thing?

President Tornatta: Yes.

Annie Groves: Can we move on with the windows? I’ll tell you why, we’ve got, there is a major gap in it, and I’ve ended up with a major ant problem that it’s taken us several weeks to get the ant problem under control. We’ve kind of done a little band-aid approach to that window. It was bad to start with, and then when we had that bad storm it opened it a little bit more with the condensation. So, I’ve ended up with a really bad ant problem. So, if we could expedite that one.

President Tornatta: On the construction, that was just the roof, correct?

Annie Groves: That is the roof, gutters–

President Tornatta: Gutters, right.

Annie Groves: Uh-huh.

Commissioner Melcher: She’s talking about the glass.

President Tornatta: I understand. If, do we have a problem with the landscaping at this time? Or do you still...the only reason I say, we’re a little time sensitive at this point.

Commissioner Winnecke: To me, the landscaping, I mean, based on previous discussions, I mean, I think we have expense requests coming down the pike for refrigeration and/or air conditioning, I mean, I think we have some more important expense categories coming, I would assume relatively soon.

Annie Groves: I can respect what you’re saying, but if you would like, I would show pictures of what that building looked like last year in June. The weeds were up to everyone’s knees. We have people that the only thing they see in Evansville Indiana and Vanderburgh County is our building. They come in to pick up personal needs. Right now we have the weeds under control, you know.

President Tornatta: The one part, I mean, I was out there and told you that the landscaping–

Annie Groves: Last year we received complaints.

President Tornatta: –is a problem.

Annie Groves: We received complaints last year. You know, they called the Commissioners office several times, people did, so.

Commissioner Winnecke: Yeah, I guess–

Annie Groves: I respect whatever you all want to do.

Commissioner Melcher: Did they call because the grass wasn’t cut?

Annie Groves: No, they called because the weeds were so high, because we have no plants.

Commissioner Melcher: I understand, but, who takes care of the weeds? Who cuts the grass?

Annie Groves: We have someone that cuts the grass, we take care of the weeds. Last year the County Highway came out when they got knee high and sprayed, and then work release came and pulled all the weeds.

Commissioner Melcher: So, whoever cuts our grass doesn’t do that?

President Tornatta: No.

Annie Groves: No, they do not.

President Tornatta: No, no, they run a pass by on the grass, and that was it.

Annie Groves: What happened is, there has been no landscaping since 1991. No updates, no nothing. So, all the netting under there, it no longer exists.

Commissioner Melcher: I’m okay with the glass this evening. I agree with Siemer’s, I’ve dealt with them a lot.

Commissioner Winnecke: Help us understand what we’re doing with the glass. I mean, just reading these quotes, I guess, I don’t follow what they’re doing.

Annie Groves: Well, they’re installing new windows in three different areas. It’s all about, we’re just paying for the labor, because fortunately the windows that they installed have like a, I think a 20 year guarantee to them. So, we need to pay for all the labor, shipping, insulation, and then the actual window itself is so called, has a warranty on it.

Commissioner Winnecke: So–

Annie Groves: The reason I don’t have the three quotes for that, is there is only two companies in town that can do that work with that warranty.

Commissioner Winnecke: Well, it looks like, maybe I’m just not reading this correctly, but it looks like on the Siemer’s quote that they are charging for material for windows for two clear insulated glass units, but the other one, the other quote is calling for three. They have a unit price also.

Annie Groves: Well, if you want me to be real honest, Steve Lockyear handled this and he is off this evening.

Commissioner Winnecke: Well, I just–

Ted C. Ziemer, Jr.: Commissioners? I haven’t seen any of this, and it’s not necessary that I do, but I just had a word with the Purchasing Agent for the county and I don’t know whether there have been compliance or they indicate that they are going to comply with MBE/WBE requirements. If we’ve taken three quotes, we can award to the lowest and best quote. I don’t know that if you feel that you’re in a position, and I understand what you’re saying about the ants, but I really think maybe we’d better take this under advisement and it would be two weeks, the next meeting.

Annie Groves: I have no problem with that.

Ted C. Ziemer, Jr.: Yeah, it’s going to be in two weeks.

Annie Groves: Whatever you all do, I respect whatever you need to do.

President Tornatta: Let’s go with the first motion, the first motion was to take these bids under advisement. Do we have a second?

Commissioner Melcher: I’ll second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Okay.

Annie Groves: Also, I have a 6:00 meeting, I don’t know if any of you have a question on the memorandum of understanding with Community Tissue that I could answer, because I’m going to have to leave.

President Tornatta: Not at this time.

Annie Groves: Okay.

President Tornatta: Okay?

Annie Groves: And the travel request, any questions on that?

President Tornatta: Where you going?

Annie Groves: Indianapolis.

President Tornatta: Okay.

Annie Groves: State mandated meeting, Coroner’s conference.

President Tornatta: State meetings are fine.

Annie Groves: Thanks.

President Tornatta: Thank you.

President Tornatta: County Engineer, receive construction inspection proposals for University Parkway. Is John out? We’re going to skip him right now.

Ted C. Ziemer, Jr.: Well, we have the proposals here.

President Tornatta: Okay, sorry, okay.

Ted C. Ziemer, Jr.: I think, all we need to do, none of the proposals mention dollar amounts, they are just proposals to do the work. So, I think if we just read into the record who the proposals have been received from–

President Tornatta: Okay.

Ted C. Ziemer, Jr.: –and then it would be appropriate to take them under advisement. We have proposals for this from Level Five Engineering, Bernardin Lochmueller Associates, Cripe Architects, Corradino Group, Beam Longest and Neff, and Strand Architects.

Commissioner Winnecke: Do we want a motion?

President Tornatta: Uh-huh.

Commissioner Winnecke: Mr. President, I move that we take those under advisement.

Commissioner Melcher: Second.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, permission to award copy paper for Cooperative Purchasing Organization to River City Industrial and Resource Services. Jim Harris is here to present a brief Power Point to illustrate the projected savings from the previous years prices.

Jim Harris: Hi, good evening. Okay, tonight I bring before you the 2009 copy paper bid. It’s the first bid that’s done in conjunction with our purchasing agreement that we’ve done together, or co-op between the EVSC, the city and the county. As you can see, we’ve broke the categories down to white copy paper, colored paper, greenbar, which the city and county use, two ply, three ply. These are all the companies we send bids out to and who showed interest. Responses came back from Alstadt Office City, Office Max, Resource Services, River City Industrial Supply, and Royal Office Products. The estimates that you’ll see here are based off of 12,000 cases; 7,000 are EVSC, and the remaining are split between the city and county. The low bid for white copy paper came in from River City Industrial Supply at $25.50 a case. Resource Services had the low bid for the two ply, green bar and three ply paper. So, we’re going to recommend splitting the bid and the award to go to Resource Services and River City Industrial. As you see here, the current price paid is $32.90. If we accept the River City price of $25.50, EVSC and the city and county will receive a 22.5 percent decrease, or savings. Based off of current estimated usages of 12,000 cases, the city and county will save a relative $37,000. The EVSC saves almost $52,000. We recommend River City Industrial Supply for the white and various colored paper, and Resource Services for the greenbar, two ply and three ply. Let me make note, because of the requirements for delivery, we only can use local businesses. We do just in time delivery, we don’t warehouse, so those semis bringing pallets of 3,000 cases of paper don’t happen anymore. We deliver once a week. We take orders once a week by Wednesday, deliveries are done by the following Friday. So, no long distance, Cincinnati, Louisville, St. Louis companies are even considered in this. They may show interest, but they don’t bid. Any questions?

President Tornatta: No. Do you need a motion?

Jim Harris: Yes.

Commissioner Winnecke: Mr. President, I’ll move to accept the recommendation on the paper bids.

Commissioner Melcher: I’ll second it.

President Tornatta: A motion and a second to accept the reco....any discussion?

Commissioner Melcher: Yes, you said they were going to go ahead and deliver it, are they going to deliver to the Civic Center and the school corporation, or is it all going to the school corporation?

Jim Harris: No, it goes to individual locations.

Commissioner Melcher: That’s great.

Jim Harris: To the door.

Commissioner Melcher: Thank you.

Jim Harris: To the door, just in time, what’s happening, what the system we’re setting up is, you, all the departments place an order to EVSC Purchasing. We compile all the orders, we submit one order to the company, so they’re not bombarded with 60 phone calls or e-mails saying I need this, I need that.

Commissioner Melcher: So, they’re handling all the deliveries?

Jim Harris: Yes.

Commissioner Melcher: That’s great.

Jim Harris: The billing is handled individually though.

Commissioner Melcher: I got ‘ya.

President Tornatta: That recommendation is from the Purchasing Organization to River City Industrial and Resource Services, Incorporated. Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Thank you, Jim.

Jim Harris: Thank you.

Commissioner Winnecke: Thanks, Jim.

President Tornatta: Appreciate it.

President Tornatta: Contracts, agreements and leases, Commissioners, Regional Work Force Board, local elected officials agreement 7/1/08 to 6/30/10. Agreement for the period of July 1, 2008 through June 30, 2010. The purpose of the agreement is to provide a method for selecting a designated County Commissioner and the Mayor of Evansville as elected officials. The local elected officials acting together shall appoint a member as the business representative to the Regional Work Force Board using criteria set forth in the agreement. The local elected officials together shall select from among themselves an elected official to represent their interests in the Regional Work Force Board. Ron Keeping informs us that this has always been the Mayor, and the agreement has been prepared to reflect that. I think, what I would like to see is a motion to approve a person from this Board and the Mayor on this agreement, with the agreement.

Commissioner Winnecke: Mr. President, at this time I would move that we appoint you from this body to represent the Commissioners.

Commissioner Melcher: I’ll second it.

President Tornatta: If you’ll also include the agreement to allow the Mayor to be the designee.

Commissioner Winnecke: And, I’ll amend the motion to include the Mayor to be the designee.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Health Department, revised AIDS prevention grant amendment number two. Correction to the typo in the amendment signed on May 5, 2009 in the last line of the first paragraph to read December 31, 2008, and should have read December 31, 2009.

Commissioner Melcher: I make a motion we approve it.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: County Prosecutor, Adult Protective Services contract agreement number one to grant EDS #A345-8-82-08-PB-1253. The amendment serves to increase the grant amount of $285,592 by $142,796, to a new total of $428,388, and extends the grant period by 12 months to June 30, 2010.

Commissioner Winnecke: Move to approve.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Superior Court, Exacutrack agreement with BI Incorporated for house arrest services and addendum to agreement. The agreement is for one year, but will roll over from year to year unless terminated by giving sixty day notice prior to the end of any one year period. In addition, the agreement may be terminated at any time by either party on the giving of sixty days notice, advance notice of termination from the terminating party to the other. The cost of the agreement will be $5.90 per unit, per day of use. The Superior Court indicates that funds have been appropriated to cover these charges at this time.

Commissioner Winnecke: Mr. President, I’ll move that we approve the agreement and the addendum to the agreement.

Commissioner Melcher: I’ll second all that.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: County Coroner, agreement with Community Tissue Services Indiana regarding tissue services. The agreement is a revision of the memorandum of understanding that was sent by County Tissue Services Indiana to Annie Groves, the Coroner. Since a memorandum of understanding is actually a contract, and since the memorandum of understanding did not contain certain provisions that we like to see in the county contracts, insurance language, independent contractors language, it has been rewritten. The rewritten form makes it more clear as to the duties of the parties in the agreement and the consideration to be paid to Community Tissue to the Coroner.

Commissioner Melcher: Move for approval.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: The Sheriff, grant agreement EDS# D25-10-057 is a grant of $1,265,129 for the Community Corrections grant fund. The grant runs from 7/1/09 through 6/30/10. There are various obligations on the part of the grantee set forth in the grant, and the Sheriff’s Office will be in the office to perform these obligations on the part of the grantee.

Commissioner Melcher: I’ll move we accept the grant agreement of EDS #D25-10-057.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Alright, Ted, anything else to open over there?

Ted C. Ziemer, Jr.: No.

President Tornatta: Okay.

Ted C. Ziemer, Jr.: We’re set.

President Tornatta: Anything else? You’re covered?

President Tornatta: John Stoll?

Commissioner Winnecke: Mr. President, while he’s coming to the microphone, maybe this would be the appropriate time to address the speed limit issue. I would make a–

John Stoll: That’s what I was going to bring up.

Commissioner Winnecke: –motion to, based on the recommendation of the County Engineer, to lower the speed limit on North Green River Road from Millersburg Road to Surry Way to 30 miles an hour.

Commissioner Melcher: I’ll second that motion.

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

John Stoll: That would just be consistent with the rest of the Green River project. So, I’m glad to see it. We’ll get the signs taken care of.

President Tornatta: Sounds great. 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)

John Stoll: Also, along the speed limits, with Eastbrook, Clove and Ridgewood, they need to be, those 20 mile an hour speed limits need to be extended for another 30 days out there, or until the project completion, whichever comes first. Right now Oak Hill and Bergdolt is slated to be open again by the end of the month, but if we got it open, I mean, if it got finished, obviously, we would open up sooner. So, we just need to extend the speed limits until the project is finished, or if it got delayed I would be back here again next month requesting an extension.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. 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)

John Stoll: Then, the final item, I would like to request that you award the Lynch Road erosion repairs to Blankenberger Brothers for $7,180.

Commissioner Winnecke: I’ll make that motion.

Commissioner Melcher: I’ll second.

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

Madelyn Grayson: John, is there anything they need to sign tonight?

John Stoll: I’ve got it here. I’ll give it to you in a second.

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)

John Stoll: That’s all I have.

President Tornatta: The other bids are under advisement?

John Stoll: Yeah, we’ll have to go through their–

President Tornatta: Right.

John Stoll: –there’s quite a bit more to go through. The Lynch Road only had eight pay items, so it was pretty easy to go through pretty quickly.

President Tornatta: Okay, and what items are taken care of on the concrete bid?

John Stoll: Copperfield, Romain Park and Whispering Tree in Wynn Circle out in Autumn Winds.

President Tornatta: I’m sure there’s probably 55 or 60 people that will be very happy with that.

John Stoll: That part is, based on the numbers we just heard, I don’t think that’s going to leave us any money to turn around and try to do anything in Evergreen. So, that will have to carry forward to another, till next year.

President Tornatta: Well, we’ve got to work with our Highway Engineer–

John Stoll: Right.

President Tornatta: –to be able to go in and do any patching.

John Stoll: Right.

President Tornatta: Okay.

John Stoll: I’ve been talking to Chris, and he is going to try and pursue that in the meantime.

President Tornatta: Super. Thank you very much.

Commissioner Winnecke: Thanks, John.

John Stoll: Thanks.

President Tornatta: Chris, anything from you? Okay, Dave Rector?

Dave Rector: Good afternoon, gentlemen, Dave Rector, Building Authority. Would like to request approval, or a motion to approve Food and Beverage Funds for revised signage at the Centre on the interior and on the exterior.

President Tornatta: Okay.

Commissioner Winnecke: In what amount, David?

Dave Rector: We have estimated pricing of about $16,500. I would like to ask for $20,000 for unforeseen circumstances, but, of course, knowing we won’t spend that if it’s not necessary.

President Tornatta: Alright.

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

Commissioner Winnecke: At $20,000?

Dave Rector: Please.

Commissioner Melcher: That’s what he said.

Commissioner Winnecke: Okay, second.

President Tornatta: A motion and a second. 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.

Commissioner Winnecke: Thanks, Dave.

President Tornatta: Any other department heads. Gary?

Gary Heck: I have a presentation.

President Tornatta: Oh, absolutely. Sorry about that.

Gary Heck: You already know that Mr. Elder, today is his 60^th anniversary as a Vanderburgh County employee. We can go through these parts pretty quickly, but these are the elected officials and Board of Health members for this year. A little bit about the national public health logo to increase national identity for public health. The mission statement of the Vanderburgh County Health Department, which picks up on three of the important things for the national public health, which is to promote, protect and to prevent. This is actually the third health officer, but in the scrapbook, he’s the one that had the most pictures that we could find that we were still able to do something with. This is Dr. Brockmole. He assumed the post, he was the communicable disease medical director, left to take another position, and then came back about a year later when the opening was there. In 19, April 20, 1961, the annual report had five points that they wanted to work on; that was the adequate funding, to hire qualified personnel who was going to enforce local meat and meat products ordinances, private sewage disposal ordinance in the city to one that was now serving in the unincorporated areas of the county, to approve the method of rubbish and garbage disposal, to eliminate the breeding places for insects and rodents, and the possibility of having a city owned and operated incinerator, to have an overall rodent control program in place, and to have an insect control program in place. Some of those things, from there, carry on in this very, are used everyday still in the public health department. In 1961, the Vanderburgh County, or the Evansville-Vanderburgh County Health Department was cited as the number two in the nation, it came in second in over 1,200 health units. This was in an award in the food sanitation program for using paper products as a way of preventing disease and improving sanitation methods. The City Council approved the transfer of the dog pound to the Health Department, this was back on July 3, 1961. This was when the Health Department was under the city control. They hired the first TB control officer for the Health Department on July 12, 1961. Mr. Elder was quoted on the day when it was raining mosquitos and his staff couldn’t get out to work. This is July 1969, they had rain and rain and rain constantly, and he was afraid of what was going to happen if they couldn’t get out to try and take some control of it. In 1970 the nursing division within the Health Department was started. Prior to that time there was a contract with the Public Health Nursing Association, which is now the Visiting Nurses Association. Under the contract they provided the nursing services for the Health Department up until this point. In 1972 we had three new Board of Health members. One of them was Dr. Jane Hoopes Orr, who later became the health officer. Mr. Elder celebrated his 50^th birthday at the sewage treatment plant. This is a picture from the newspaper article, and it’s kind of an interesting story. I don’t know if you can tell from there, but the reporter was Paul McAuliffe, who went on to some, I don’t know, bigger and better things, but at least he did some other things in his newspaper career as well. In this particular article he does point out that Mr. Elder did receive the highest score on the licensing exam for the environmentalists, which earned him that number one certificate. Mr. Elder is the only person to serve as the past president of all three of the public health, and we heard this previously in the proclamation, these are the logos of those various, and I didn’t get the date of the Environmental Health Association, but I’m sure Mr. Elder can clear it up and tell us when he was president of that group, and we can add it so that we have it correctly in our capture here. This is Mr. Elder back in 1987 when the Asian Tiger mosquitos were working their way through the west side of Evansville. There was a big tire dump out there, and Mr. Elder, I’m sure, can tell the story better than I, but, apparently, these mosquitos came from tires that came from Asia. They traveled inside the tires and worked their way over here. The Asian Tiger mosquito, it’s my understanding, they usually don’t travel more than 450 feet from their base, but their base will move if the tires they’re living in move. That’s how they got here to begin with. He was quoted as saying that they had a different bite. “It bites all day long. All day long, and it’s a ferocious bite. If you had a bite from that mosquito you would always remember it.”

President Tornatta: We don’t sell those in our tires.

Gary Heck: We don’t sell, no, we don’t do those. Oh, at Tornatta, oh, that’s good to know. I put this one in here because, it’s hard to tell, but the County Attorney back in 1987 was David Miller. His name just barely made it on this particular end here. The longest serving Board member currently on the Vanderburgh County Board of Health is Dr. Bruce Romick and he was appointed in 1983. In the same year he took over leadership of the Vanderburgh County Medical Society. He still is serving today. Excuse me, 1987 was the third year of the Get the Lead out of Kids program. This is just a newspaper photo of one of the public health nurses that was taking the sample. It goes on to talk about, excuse me, the program in the next article. The actual lead ordinance in the city was passed in 1988. Vanderburgh County was the success story for the infant mortality program back in 1988. They had, Vanderburgh County had the best score of, the lowest infant mortality in that case, of any other metropolitan area in the state. These are some photos, ooops. In this particular one, 1989 was when there was a state law change that was going to allow for only one Health Department per county, and the impact it eventually had on Vanderburgh County was that the Vanderburgh County Health Department went from the Evansville-Vanderburgh County Health Department to the Vanderburgh County Health Department and became under the Commissioners control. I put this one in for two reasons. One of them, well, you see Ted Ziemer there. He happened to be presenting that honor.

President Tornatta: Do you wear contacts now?

Ted C. Ziemer, Jr.: No.

President Tornatta: Those are huge glasses.

Ted C. Ziemer, Jr.: I know it.

President Tornatta: I mean, you still look good, Ted.

Ted C. Ziemer, Jr.: I don’t need them anymore.

Gary Heck: Oh. Well, anyway, that’s in another profession of his. In 1989 the process began for the county to take over control of the Health Department, and it took a while because it had to do with, well, to look at all the job classifications and writing all the new job classifications. We’re still operating under those today, at this point. In 1991, Vanderburgh County received an award for excellence in public health, and you all can tell which one is Mr. Elder in the picture. I think that’s Brett Townsend is on the left and David Gries, the environmental foods supervisor is next, and Mr. Elder, and then Dr. John Heidingsfelder. This is an article that Roberta Heiman wrote about Mr. Elder in, at his 50^th anniversary with the Health Department, June 2, 1999. Very interesting reading. It talks a little bit about all of the things that he’s faced so far in his career. Five years later, when we moved into the Oak Park Professional Building, the Board of Health presented Mr. Elder with a plaque that’s still hanging in the building. How many health officers have you served under, Mr. Elder?

Sam Elder: Eight.

Gary Heck: Eight, there’s eight health officers, and how many Mayors?

Sam Elder: Nine.

Gary Heck: Nine Mayors. He said some of them were short timers, of the Mayors, they might have filled out someone else’s term, or whatever. These are all the various Board of Health members that we have records of. We just listed them, there’s seven members on the Board, we just listed them as A, B, C and D. This is the succession of how they proceed across. This is the Vanderburgh County Health Department. This is the Health Department’s awards that have accumulated over the years. This is a list of all those various awards. This is two of them for an extraordinary effort in promoting and protecting public health. These are in the immunization area and in the, we call it foreign travel, it’s called the international travel clinic Indiana State Department of Health certificate. This is Mr. Elder at our open house on June 5, 2005 in his office. That concludes the, thank you so much for the opportunity to remember 60 years pretty quickly.

President Tornatta: See how fast it went, Sam.

Gary Heck: I guess, you all can disconnect me. Thank you.

President Tornatta: Thank you.

Ted C. Ziemer, Jr.: Thank you.

President Tornatta: Okay, still under new business, there was, I did receive a letter from Jonathan Weaver rescinding his latest request for travel. So, just bringing that up to date with the Commission. We did approve a travel request for him last week, but he did find out that there might be something closer, or he’s going to look for something closer. The last one was Alabama. So, he’s going to rescind that, but with thanks to the Commissioners for approval. I did get a letter just to let us know that guardrail was installed near 7380 Upper Mt. Vernon Road. Just got a thank you letter from the residents out there for the safety measure. So, thanks to the Commissioners and Chris Walsh for getting that going. I believe we have an appointment, a resignation letter for Don Walker. Steve, if you’ll–

Commissioner Melcher: Don Walker resigned. As you know, he was appointed through a caucus to be a City Council representative, which he took over last night. We do have another appointment to replace him. It’s Kenneth Overton. He’s from organized labor also, like Don Walker was, so we’re keeping the tradition of keeping that. So, I would like to make a motion that we accept him as our Parks Board appointee.

President Tornatta: Okay.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second. Discussion? Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Also, under new business, I would like for the Commissioners to look into, there are some funds that I’ve identified that are sitting in an account. These funds have been sitting in the account for a while. I would like to identify those for parks in the county, and have the Commissioners send some information in to Marissa, which would get the dialogue going. I would like to see some of those monies go to parks in the county that would benefit youth programs for, Steve, I know you’ve done something like this in the city. It would be on capital projects. So, if there was a county park that’s not being funded by the county, that would need a capital project on a one dollar to one dollar basis. We have some funds in there and it would be the criteria of this Board, or it would be developing the criteria for this Board to do a dollar for dollar basis of a capital project for kids in youth, either a youth program or to help youth health. So, if we can think about some criteria you would like to have and get that to Marissa or to me. I would like to start something sooner than later to get the kids back out on the playgrounds.

Commissioner Winnecke: How much money and what fund are you talking about?

President Tornatta: There’s a fund in the DMD office that has some money in it that I think we can use toward a project, or projects to help either get park equipment out on a playground. Or, if there’s a request for capital, we would be able to use that toward helping these parks grow, flourish and get people out to these parks and give them, kids something to do, if that’s the case. I’ve heard of some requests from some different parks that don’t have funding and would like to see some type of equipment put out. If these are people that are raising money right now, if they do a dollar, if we match them dollar for dollar up to like a $5,000 amount, I think it would help them along to get park equipment set in some of these parks. As you know, there’s McCutchanville Park, Motoux Park are a couple that come to mind right now. I know there’s, obviously, a park out in, at the 4-H Center that gets a lot of use, and we want to be able to help them out if they’re raising money and have a dollar for dollar.

Commissioner Winnecke: I’m not sure how much is in the fund. I mean, I don’t necessarily disagree with you, but I know one project that has been on the front burner, back burner, front burner, I think it’s more on the back burner now and that’s the proposed softball/baseball complex. I don’t know where that stands in its proposed life with the Evansville Convention and Visitors Bureau, but, I’m not opposed to spending some of the money the way you described, but depending on the amount of money in that fund I could see us also making a contribution to help further that project. That’s been, that could have some real long term recreational and economic gain for the community.

President Tornatta: And I have had conversation with some members from the CVB. What I’ve asked them to do is to come to us on an individual basis and go over some of the needs that they have. I would like to talk with them and go over needs that I think that we would like to see on our side. Then, at that time, we could potentially talk about what our ideas are versus their ideas versus the funding mechanisms. But, I agree, that’s something that (A) you’re getting places for kids to play, and we have a sincere need for more soccer fields, more baseball fields, just a couple of fields to think of. So, I agree, and we will look into that as well.

Commissioner Melcher: I would be in favor if it’s just capital only, not labor. That’s kind of what we did in the city. We had a sports grant program, and we had caps on it and we only limited so much per year. So, it doesn’t get out of hand. So, I would be interested in that.

President Tornatta: This would, essentially, be our parks stimulus program. But, as you said, we would have criteria on it. We also, I would believe it would be, right now I would look at it as a one year stimulus, and if there were funds that would roll over and we would have additional funds, we would address that at that time. But, I would not count on any organization that would request any funds to expect that they would be a year after year rollover.

Commissioner Melcher: And, also what we did, we had them bring us quotes so we knew how much it was. We just didn’t take their word for it.

President Tornatta: Okay. Any other discussion?

President Tornatta: Any other old business? Alright.

President Tornatta: I need a motion for the consent.

Commissioner Winnecke: So moved.

Commissioner Melcher: Second.

President Tornatta: A motion for consent. If you would please read the consents.

Madelyn Grayson: The consent items for the June 2^nd Commission meeting are as follows; the May 19, 2009 Commission meeting minutes, the May 19, 2009 department head meeting notes, employment changes from the various offices, travel requests, there’s one from the County Auditor, four from the Health Department, one from the County Coroner; the Commissioners have requests to redeem property from 307 S. Grand Avenue, 307 Ridgeway Avenue, 1638 Shadewood Avenue; Commissioners Old Courthouse roof repair proposal from Midwest Roofing; the Commissioners lobbyist activity report; Commissioners Parks Board resignation letter; the County Engineer has approval of pay request number 80 for the Burkhardt-Green River TIF projects in the amount of $41,733.77; the County Highway has their annual operational report; the Building Authority has a request to surplus various items from the Centre; the County Clerk has the April 2009 monthly report; the County Assessor has a request to surplus various office equipment; the Sheriff has a request to surplus nine vehicles; the County Treasurer has the April 2009 year-to-date report; Evansville ARC has an April 2009 report of activities, and there are department head reports from Burdette Park, the County Engineer, the County Highway and Ozone Officer.

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

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Thank you.

President Tornatta: Janet, rezoning. First reading, docket number 2009-15-PC VC-7-2009, address 2118 Harmony Way, request rezoning from R-1 to agricultural zones to a C-4 zone with a use and development commitment. Did I take the words out of your mouth?

Janet Greenwell: Very eloquently. Janet Greenwell with the Area Plan Commission. We have one petition tonight for final hearing. It’s VC-5-2009. L&S Properties is requesting to downzone their property at 6301 Old Boonville Highway. That’s a one plus acre lot on the south side of Old Boonville, just west of Burkhardt. They’re requesting to downzone. It’s currently the site of a construction company, RCI Construction. They are wanting to do mulit-tenant offices in addition, and the zoning classification, because of a little glitch in the zoning ordinance is too high. So, they are requesting to bump the zoning to M1. It is in compliance with the comprehensive plan. It projects the area as industrial. The Plan Commission voted May 14^th to approve it unanimously.

President Tornatta: Janet, do we need to approve the first reading now though?

Janet Greenwell: Okay.

President Tornatta: Approval of the first reading.

Commissioner Melcher: So moved.

Commissioner Winnecke: Second.

President Tornatta: A motion and a second for first reading of docket number 2009-15-PC VC-7-2009. Roll call vote, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Melcher?

Commissioner Melcher: Yes.

Madelyn Grayson: President Tornatta?

President Tornatta: Yes.

(Motion approved 3-0)

President Tornatta: Okay.

Janet Greenwell: Okay. What I just said.

President Tornatta: We’re through to the point to where we’re probably–

Janet Greenwell: Ready to see if there are any petitioners that want to speak maybe.

President Tornatta: Petitioners for the–

Janet Greenwell: Rezoning.

President Tornatta: –rezoning. Come on up, Mr. Lamb.

Richard Lamb: It’s scary when you know me by name. Yes, Richard Lamb with L&S Properties.

President Tornatta: Alright, if there’s anything that she did not explain that you would like to talk about.

Richard Lamb: No.

President Tornatta: Then you don’t have to say anything.

Richard Lamb: As long as we can get her rezoned so that we can have multiple tenant–

President Tornatta: Okay.

Richard Lamb: –offices instead of just construction and manufacturing.

President Tornatta: Okay. Alright, any remonstrators at this point? Seeing none. I would probably–

Commissioner Winnecke: Motion to approve.

Commissioner Melcher: Second.

President Tornatta: A motion and a second. That’s where you walk away very happy.

Richard Lamb: That made me happy.

President Tornatta: Any other comments? Questions? 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: I’ll entertain a motion to adjourn.

Commissioner Winnecke: (Inaudible).

President Tornatta: Oh, sorry. Public comment? I apologize, I’m getting ahead of myself. Yeah, absolutely, come on up.

Tom Titzer: I have a problem, or we have a problem in our neighborhood.

President Tornatta: Could I get your name and address?

Tom Titzer: Tom Titzer. I’m sorry.

President Tornatta: What? I’m sorry.

Tom Titzer: Thomas Titzer.

President Tornatta: Okay.

Tom Titzer: 2921 Eastview Drive.

President Tornatta: Okay.

Tom Titzer: I’m not familiar with all this–

President Tornatta: That’s okay.

Tom Titzer: –paraphernalia, but I will hand these out to you.

President Tornatta: Sure.

Tom Titzer: We have a neighbor out there who back in 1989 wanted to apply for an M1 zoning so that he could run a tune up, brake job business in his garage. If you will notice on this picture, the yard and the drive and the garage is on one side of his lot, and the house is on the other. Over the years, since 1990, he has had numerous complaints about having too many cars parked on various parts of his property that was not zoned M1. He’s had to move them several times, different places. I don’t know where he moved them to, a couple of times they were just over the hill in the neighbor’s backyard. But, this has been going on constantly ever since he has had this rezoned. If you’ll see on that red pencil mark I have, that is on the residential part of his property. He drives cars across that drive and back into the garage and parks them outside, which is according to the zone he is not allowed to use any part of his property other than the part that is zoned M1. He has been consistently doing this. The gentleman I talked to at the zoning commission down the hallway here said something about, well, we cannot fine him because he’s in violation, and it’s too expensive to take him to court, and just la, la, blah, blah, blah. He’s gotten away with this all these years. I and the neighborhood strongly recommend that his zoning be rezoned back to the residential part so that his business is eliminated and we don’t have to put up with this anymore. I do have pictures that I’ll drop off and you can look at those later that shows the houses and cars parked behind his house. Also, on Eastview Drive, at the end of Eastview Drive, which used to go into the airport, he’s had cars, as many as eight cars parked at the end of that road. If you can see the side of the house and the front of his garage, this has been going on consistently, and everytime I go in here to complain about it, why we get the same old excuse, we can’t do anything about it. I don’t know why if you’re violating a zoning ordinance, why it cannot be resolved some way or the other. So, there again, I want to repeat that I would really like to see that zone remitted, or demitted, or eliminated to where he can no longer run a business and have cars running up and down the street at all hours of the night and day. I would ask you to resolve this some way or another. If you have any questions–

Madelyn Grayson: Mr. Titzer, can I have those pictures for the record?

Tom Titzer: Yes, Ma’am.

Madelyn Grayson: Okay.

President Tornatta: Janet, give us a little assistance here. A lot of times I just like an avenue to travel, not necessarily the answer to my problem.

Janet Greenwell: I wasn’t aware that Mr. Titzer was going to appear here tonight. So, I’m not 100 percent prepared, although I’m very familiar with this property. I’ve been out there quite a few times myself with the Westside, Eastside inspector. While I recognize that Mr. Titzer has complained continuously, the property has not been continuously in violation. It has repeatedly creeped into violation, what we could consider a violation. We have contacted him, he has completely removed all cars. We’ve inspected, verified that it’s brought into compliance. Unfortunately, six months, a year later it happens again.

Tom Titzer: Two weeks later, a week later, it’s all back....and the gentleman, who is your inspector that comes out?

Janet Greenwell: Joel.

Tom Titzer: Joel?

Janet Greenwell: Uh-huh.

Tom Titzer: I was in there yesterday and Joel said he had been there three weeks ago, and according to what I observed looking out my driveway, every time I leave there’s been no reduction of vehicles in there. It’s just continuous. Recently, I would say in the last six months or longer, there’s never been a car that has been removed from the violation area. I’m sorry.

Janet Greenwell: I understand what you’re saying. However, this body did approve an M1 zoning on a limited area of that land. There is not a lot we can do when Mr. Loehr uses the M1 zoned portion of his land for his business. The county zoning ordinance does not restrict access across agriculturally zoned land. It restricts access across residentially zoned land. It’s residentially used, but it’s agriculturally zoned.

President Tornatta: Janet, after a certain period of time and after there is violation cited–

Janet Greenwell: Yes, we have–

President Tornatta: –I guess, what I’m wondering, is we see, from what I heard you say is we go out there and we say you’re in violation, and then he doesn’t do it for six months and then we go back and say you’re in violation. In what I normally think we would do, whether it’s a speeding ticket or a ticket outside the Civic Center, we might say, hey, if you don’t know this is a parking space that is timed, and maybe the first time we run across somebody we would say, you know, you’re in violation but we’re going to let this one slide, don’t let it happen again. But, if this is a habitual problem, I think that at some point we do need to address that with some type of fine mechanism.

Janet Greenwell: We are, our office is currently working on a new fine ordinance to address these very things, where we have repeated violations. Our office is trying to bring compliance. We’re not out to get fines.

President Tornatta: I understand.

Janet Greenwell: But, we’ve come to the realization that perhaps fines might open people’s eyes and make our compliance a little quicker and more lasting.

President Tornatta: Right.

Janet Greenwell: We have, I’m kind of at a loss because I just came, I’ve been on vacation and just flew in last night.

President Tornatta: Right, and I don’t think I’m asking for anything this second.

Janet Greenwell: Yeah.

President Tornatta: But, I would like to address just the notion that if this is a habitual offender, then the next time we go out there and find that he’s in violation, then he has a fine. He either does it or he gets fined again.

Janet Greenwell: Our boss feels the exact same way.

President Tornatta: Yeah.

Janet Greenwell: Mr. Mills has told Joe that, you know, we’re not going to keep playing the back and forth game. Empty threats are just that, empty threats. We will be seeing court action if we find cars. We have to be able to establish that those cars are there to be worked on, not his own private vehicles. He does own several vehicles.

Tom Titzer: You have pictures. You know by looking at those pictures that he doesn’t own all those cars. I would like to clear up the fact that what she said about the drive that you could use the drive to get back to your business, but the thing of it is, he doesn’t take them inside of a building. They’re just sitting outside. He only has 15 feet from the garage building to where the zone is, and you cannot park a car in 15 feet without being overextended on that residential or agricultural property. So, technically, taking a car back there is still a no-no according to the zone that’s involved.

President Tornatta: Okay, Janet, when do we feel like we’re going to have the ordinance prepared?

Janet Greenwell: Blaine Oliver is working on it now.

President Tornatta: Okay.

Janet Greenwell: He has it in draft form. We’re trying to work out the amounts that we’re going to ask–

President Tornatta: Okay.

Janet Greenwell: –the City Council and the Commission to approve for our fines.

President Tornatta: Would he, what I don’t want to do is kind of reinvent the wheel. I know we’ve done this on the animal ordinance, I know we’ve done this in the Sheriff’s Department on other ordinances. If it would help Blaine, maybe check with the Sheriff.

Janet Greenwell: He has.

President Tornatta: Okay, so we’ve got that. Okay, good.

Janet Greenwell: He’s working with other departments, trying to, understanding that land use issues are a little bit different and subject to slightly different ways of dealing with things.

President Tornatta: Okay.

Janet Greenwell: Right now our only recourse is through the courts, which means we file a suit, we have several months before we even get a hearing–

President Tornatta: Right.

Janet Greenwell: –and then it goes back into the courts with the attorneys for a year. It’s not (Inaudible).

President Tornatta: Mr. Titzer, it sounds like, if you can, hold off for a little bit, let them get this fine scenario locked down, and I think it will help with your problem.

Tom Titzer: Well, it’s been almost 20 years. It’s 2009 from 1990, and according to the way things have been going, you don’t need a zone, a zoning permit to have a business. If you look at what scenario has been going on in this area here all these years. When this was first okayed, which we made a mistake, we believed Jim. He was supposed to have parking for five cars. Five vehicles, and you can see by those pictures that’s about only a third of what he has parked on his property at any one time. Sometimes more, sometimes less. As far as waiting and waiting and waiting for some of this stuff to take effect, he’ll be out of business by then. So, but I would still maintain that if the person violates a code for that many years–

President Tornatta: Right.

Tom Titzer: –to me he has forfeited his right to keep on doing business there.

President Tornatta: I understand, but that’s not the law, and we have to work with the laws that we are given at this time. If we can change the law of how we go about the practice of penalizing these individuals, I think that we’re going to get a lot farther than trying to do changing back, or try to go through the process of changing back.

Tom Titzer: Well, I don’t know why they haven’t taken him to court–

President Tornatta: Right.

Tom Titzer: –long before, because the one gentleman down there said something about it, well, we would take him to court but it takes too long.

President Tornatta: Right.

Tom Titzer: It takes too much expense and all that. But, that’s, you know, it has to be done.

President Tornatta: Right.

Tom Titzer: Thank you.

President Tornatta: Thank you.

Commissioner Winnecke: Thank you, Mr. Titzer.

President Tornatta: Any other public comment? Alright, now do you want to wait until Drainage Board?

Paulette Senning: Well, I did want to put something on the record right now.

President Tornatta: It will be on record. It will be on record just the same, but we’ll be talking about the drainage side of things, and I think that’s what you want, correct? Drainage? Okay.

Paulette Senning: I did want to say thank you for lowering the speed limit on Clover Drive.

President Tornatta: Okay. Alright. If there are no other public comments, motion to adjourn.

Commissioner Melcher: So moved.

Commissioner Winnecke: Second.

President Tornatta: All in favor say aye.

All Commissioners: Aye.

(The meeting was adjourned at 6:25 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the May 19, 2009 Commission Meeting Minutes.

Approval of the May 19, 2009 Department Head Meeting Notes.

Requests to Redeem Property: 307 S. Grand, 307 Ridgeway Ave & 1638 Shadeland

Old Courthouse Roof Repair Proposal: Midwest Roofing.

Phillips & Phillips and Long & Mathies Lobbyist Activity Reports.

Don Walker’s Parks Board Resignation.

Evansville ARC: April 2009 Report of Activities.

Employment Changes:

Sheriff (2)                                  VCCC (1)                                  Prosecutor (1)

Legal Aid (1)                             County Clerk (9)                       Assessor (2)

Circuit Court (2)                        Burdette Park (9)                      Co. Highway (1)

Travel Requests:

Auditor (1)                                 Health Department (4)              Coroner (1)

County Engineer: Pay Request No. 80: Green River-Burkhardt TIF Projects.

County Highway: 2008 Annual Operational Report.

Surplus Requests:

Building Authority: Various Items from the Centre.

Sheriff: (9) vehicles.

County Assessor: Various Office Equipment.

County Clerk: April 2009 Monthly Report.

Treasurer: April 2009 Year-to-Date Investment Report.

Department Head Reports:

Burdette Park                           County Engineer                       County Highway

Ozone Officer

Those in Attendance:

Troy Tornatta                            Stephen Melcher                      Lloyd Winnecke

Bill Fluty                                    Ted C. Ziemer, Jr.          Madelyn Grayson

Sam Elder                                 Deidra Conner                          Denise Seibert

Crystal Fetcher                         Mary K. Stoermer                     Annie Groves

Jim Harris                                 John Stoll                                  Dave Rector

Gary Heck                                Tom Titzer                                Janet Greenwell

Richard Lamb                           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.)