Vanderburgh County
Drainage Board Agenda
June 4, 2019
Call to Order
Pledge of Allegiance
Approval of Previous Minutes
Public Notices
Arnold Petition
Pigeon Creek
House Bill 1019
Nevana Place-Preliminary Drainage Plan Construction in Floodway-Ameriqual Hunters Chase-update
Ditch Maintenance Claims
Other Business
Public Comment
Adjournment
Ursula was preceded in death by her daughter, Shaunice Anderson; and her grandmothers, Sallie Anderson and Luginia Watkins.
She is survived by her husband, Tommy Smith; mother, Georgia Anderson; children: Le’Aunae Anderson, Uarnelius Anderson, Bryanta Foreman, Tommy Smith Jr., LaTasha Smith; sisters: Rochelle (Milton) Lewis, Maxine Anderson and Gloria Smith; brothers: Darryl Anderson, Tyrone Mason, and Marvin (Mattie) Smith; 9 grandchildren; aunt, Delores Anderson; uncles, Charlie Anderson and Thomas (Charlotte) Anderson; a host of special nieces, nephews and cousins; and special friends: Shannon Reed, Sylvia
King, LaDonna Compton, Parvetta Washington and Margaret Harris.
She will be remembered for her infectious laughter and love that she had for each person she met.
To send flowers or a memorial gift to the family of Ursula Yolanda Smith please visit our Sympathy Store.
Air Force Accomplishments:
United States Air Force 1 Sept. 1958 Planning Programming Engineer – Navigator – Radar
Interceptor Officer F-101B VooDoo Helper Defender East & West Coast USA (Cold War)
Weapons System Officer F-4 DCE Phantom “Fighter Gator†–
Vietnam War 251 Combat Missions Over Southeast Asia-
NATO F-4E Help Defend Western Europe (Cold War)
Civil Engineering NCOIC Site Development & Drafting Departments –
Awards & Decorations
Distinguished Flying Cross-1
Air Medal–14
Combat Readiness Medal 4
Plus 7 more A & D
Walked away from a crash-landing April 1972 Bitburg AFB Germany without a scratch.
Civilian Life Accomplishments:
Tuskegee Lumber Co., Inc
Project Manager including 2 Historical Buildings, Dr. George Washington Carver’s Museum & Gray Columns an Antebellum Plantation Mansion (now the home for the Tuskegee University Presidents)
Tuskegee University Instructor (Professor)
Construction Management & Science Special Consultant to Leader Construction Co. for Gray Columns 2nd Renovation.
Fayetteville State University: Director of Physical Plant
Whirlpool Corporation Refrigerators
Owner of Henry’s Produce Market
Bobby was also a member of the Prince Hall Masonic Lodge and Lifetime member of the American Legion.
To send flowers or a memorial gift to the family of Robert “Bobby” Roberts please visit our Sympathy Store.
Left to cherish memories of him and his beautiful smile are his two sisters: Cynthia Christian and Shelia Starling; four brothers: Warren Christian, Darryl Christian, Myron Christian, and Jeffery Jackson; and a host of nephews, nieces, and cousins.
A celebration of life and homegoing service will be held Friday, June 7, 2019 at 11:30am at Mason Brothers Memorial Chapel, 1001 Lincoln Avenue, Evansville IN. A Wake Service will be Thursday, June 6, 2019 from 6:00pm – 8:00pm at the funeral home. Burial and repass will follow.
To send flowers or a memorial gift to the family of Royster Maynard Christian Jr. please visit our Sympathy Store.
We hope that today’s “IS IT TRUEâ€Â will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way.
IS IT TRUE that yesterday the United States House of Representatives passed the Senate-approved $19 billion dollars disaster aid measure?  …that this legislation has been blocked by a group of calloused lawmakers three times over the past two weeks?  …thank goodness that this bill will now be sent to President Donald Trump for his signature, which can be delivered via auto-pen while he’s abroad in the United Kingdom?  …that every United States House of Representative member who voted to hold this $19 billion dollars disaster aid measure in committee three times during the last two weeks should be run out of office?
IS IT TRUE that many citizens of the City of Evansville, Indiana are getting concerned about the number of violent crimes that have been committed during the past couple of years?…for review, 2017 was a record setting year for homicide in River City with our murder rate rivaling the murder rates of St. Louis, Detroit, and exceeding the murder rate of Chicago?…things improved in 2018 relative to 2017 but out murder rate was still double historical levels and put us clearly in the realm of secondary blighted urban areas?…2019 has gotten off to a disappointing start and my well exceed the murder rate of 2017 at the midpoint?…there have been numerous articles on the subject with the most recent being a TV segment just over a week ago that discussed the fears of the citizenry and basically a shooting every other day in the previous week?…that since then there were two shootings on Morton Avenue, a death from bad fentanyl, a body found at Ellis Park, and a knife wielding man who looked more like SNEGAL’s ugly cousin Gollum in his mug shot that cut some people?  …its time that the Evansville’s leadership needs a lesson in setting priorities and a second lesson in why going all in on fun and games does not solve social ills and legacy neglect?
IS IT TRUE everyday members of our local law enforcement work many scenes of shootings several times every week?  …they also chase and apprehend suspects fleeing the scene of the shootings? …we are proud of our men and women in blue for help keeping our community safe from bad people?…the next time you see our first responders please give them five (5) “thumbs up†for doing a great job in protecting us?
IS IT TRUE that for the last several years the State of Indiana has been coming down on the Vanderburgh County Commissioners and the Vanderburgh County Council for having too many people in the relatively new but inadequate jail on the north side?…our elected officials are not only under scrutiny for ridiculous levels of overcrowding but they are getting political heat for not agreeing on a financial plan with respect to fixing the problems?…the problems are of course driven by having a minimum of 20% overcrowding for the capacity the jail was meant to house?…there are not even enough beds for every prisoner to have one and there are only enough toilets to make it a requirement that 12 prisoners must share a toilet?…the same goes for showers as there is a shower shortage of the same magnitude?…understaffing is at critical levels and there is no current financial plan in site to fix the problem?  …its time that our county officials approve the money for a jail that will house an additional 750 inmates?
IS IT TRUE if only the powers that be would have listened to past County Commission Dave Mosby, Vanderburgh County wouldn’t be experiencing the current jail overcrowding problem today?
IS IT TRUE we wonder how do members of the EVSC school board feel about the practice of political patronage and nepotism?
IS IT TRUE we wonder if “TROLLEY†has helped in the promoting of additional business to the urban core and growing bar, restaurant, and entertainment districts? …the “TROLLEY†project is sponsored by the non-profit Franklin Street Events Association and is also a joint venture between FSEA and GAGE.
IS IT TRUE that Steve Hammer is doing a bang up job for Senator Mike Braun administration as his newly appointed field representative?  …that Steve Hammer spearhead Mike Brauns successful primary and general campaigns for the United States Senator here in Vanderburgh County?
IS IT TRUE we are told that Evansville Mayor Lloyd Winnecke is practicing to get ready to shoot his re-election video? …we hear that the Mayor will demonstrate his HULA HOOP skills while wearing his “Chicken Fat†suit? …we hear that he will be showing some new dance moves while spinning the Hula Hoop on his two arms and left leg?
IS IT TRUE that the Vanderburgh County Public Defender’s Agency plays an important role in our social fabric by ensuring that those who can least afford legal representation in our Courts are fully protected?
IS IT TRUE that Evansville Living does a superb job in bringing us accurate and up-to-date local articles of substance? …they have earned the reputation of being extremely informative, detailed, aggressive and creative in providing their viewers with the current culture, politics, sports, business, lifestyle, entertainment, dining, and the big personalities unique to our region?  …we give five (5) cheers to Kristen and Todd Tucker for producing an incredible magazine for our region?
IS IT TRUE that the system of governance called Communism just celebrated its 100th birthday last year?…it was just pointed out that in its 100 years of existence that Communism has been responsible for the death of 100 million people?…is that a legacy worth fighting against ever infesting the minds of Americans even if it is called by another name?
IS IT TRUE that the Executive Director of SWIRCA & MORE, Rhonda Zuber is doing one heck of a job for this most worthy community organization?
IS IT TRUE we are really pleased with the way the Vanderburgh County Treasurer Susan Kirk runs her office?  … Ms. Kirk is well respected among other county officials, the public and her employees alike?  …if you see Ms. Kirk at the Civic Civic Center tell what a great job she is doing?
Todays ‘Readers Poll†question is: Are you pleased that Ann Ennis is encouraging the EVSC officials to adhere to the “Open Door and Freedom Of Information Laws�
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EDITOR’S FOOTNOTE:  Any comments posted in this column do not represent the views or opinions of the City-County Observer or our advertisers.
City-County Observer Comment Policy. Be kind to people. No personal attacks or harassment will not be tolerated and shall be removed from our site.
We understand that sometimes people don’t always agree and discussions may become a little heated.  The use of offensive language, insults against commenters will not be tolerated and will be removed from our site.
AGENDA Of The VANDERBURGH COUNTY COUNCIL
JUNE 5, 2019 at 3:30 P.M.in ROOM 301
(A) CIRCUIT COURT
1. Request to fill a vacancy for Staff Attorney/Administrator
(B) PROSECUTOR
1. Request to fill a vacancy for Deputy Prosecutor
(C) PROSECUTOR IV-D
1. Request to fill a vacancy for Deputy Prosecutor
(D) PUBLIC DEFENDER
1. Request to fill the vacancy for Public Defender
(E) BURDETTE PARK
1. Increase the number of part-time year-round positions from 15 to 20
1. Request to fill a vacancy for Truck Driver
(E) OLD NATIONAL EVENTS PLAZA
(F) CUMULATIVE BRIDGE
(G) TOURISM CAPITAL IMPROVEMENT
(C) HIGHWAY
(D) PUBLIC DEFENDER (LATE)
(A) PROSECUTOR
(B) AREA PLAN
(C) CIRCUIT COURT (D) PROSECUTOR IV-D (E) PUBLIC DEFENDER
(F) BURDETTE PARK
(G) HEALTH DEPARTMENT (3) (H) HIGHWAY
(I) CIRCUIT COURT – SAP
Red denotes Personnel and Finance meeting
Blue denotes County Council meeting
PERSONNEL AND FINANCE MEETING MAY 29, 2019
3:30 P.M.
ROOM 301
Katie Stancombe for www.theindianlawyer.com
A federal judge has granted an abortion provider’s motion for a preliminary injunction to open the doors of a South Bend abortion clinic without a state-required license, prompting an immediate appeal from the state.
In a 74-page Friday order, Senior Judge Sarah Evans Barker of the U.S. District Court for the Southern District of Indiana granted Texas-based Whole Woman’s Health Alliance’s motion for a preliminary injunction to open its abortion clinic doors in northern Indiana following a lengthy legal battle.
WWHA’s initial application for the clinic was rejected when the Indiana Department of Health said the provider did not meet requirements of having “reputable and responsible character,†and failed to disclose necessary information on its application.
During a second application met with lengthy setbacks and request from the department, WWHA sued the state, arguing its sweeping statutory and regulatory restrictions on providing and obtaining abortions were unconstitutional.
The clinic operator also sought a preliminary injunction and temporary restraining order to allow the South Bend abortion clinic’s doors to open, prompting Barker to consider arguments from both parties in April.
Barker on Friday sided with WWHA in concluding that the application of the state’s licensing law violates the Due Process Clause and the Equal Protection Clause of the 14th Amendment.
Amy Hagstrom Miller, president and CEO of Whole Woman’s Health Alliance, said the road has been long, but northern Indiana families will finally have a place to turn to “for safe, compassionate abortion care.â€
“The ruling is clear — the court sees the undue burden that women in northern Indiana face when seeking to end a pregnancy,†Hagstrom Miller said. “We came to South Bend at the request of members of the community and we are happy to say we can soon open our doors.â€
In the order, Barker noted there is an “unmet demand for abortion services in and around South Bend,†determining that the department’s application of the licensing law to WWHA’s license application placed a “substantial obstacle in the path of northern Indiana women seeking pre-viability abortions without promoting women’s health.â€
“Defendants place great reliance on the Department’s authority to inspect (or conduct ‘surveys’ of) abortion clinics but have not shown how that authority is contingent on the clinics’ licensure,†the order states. “The statute says simply, ‘[The Department] shall inspect an abortion clinic at least one (1) time per the calendar year and may conduct a complaint inspection as needed.
“All that is required is for the Department to know where the clinic is located, a goal which licensure does achieve, but which could equally well be achieved by a registration requirement.â€
Barker, therefore, concluded that the state showed “little more than de minimis marginal advancement†relative to pre-2013 law, of its legitimate interests in maternal health and fetal life derived from requiring licensure as a condition of providing medical abortions.
The state’s argument was “weaker yet†regarding WWHA’s equal protection claims, the order continued.
The federal judge noted that the state’s interest in administering its own licensing and regulatory regimes on its own terms was not admissible under Planned Parenthood of Se. Pa. v. Casey, 505 U.S. 833, 878 (1992) or Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292 (2016), and that the marginal benefits to obtaining a license before operating the South Bend Clinic were “slight or none.â€
“Defendants have not shown why the state’s interests, to the extent they are advanced by a licensing requirement at all, may not be equally well advanced by a registration requirement,†Barker wrote. “A licensing requirement is thus ‘not necessary’ to achieve the state’s proffered ends.â€
Additionally, the federal judge added that to the extent the licensing law advances state interests, continued application of the “reputable and responsible character†requirement does little to advance them.
“These de minimis benefits are dwarfed by the burdens of women’s access to abortion in and around South Bend,†she wrote. “Simply put, there is unmet demand for abortions in and around South Bend which is, at this point, state-created, without any appreciable benefit to maternal health or fetal life.â€
The court, therefore, concluded that WWHA had a better than negligible chance of showing that the burdens on abortion access imposed by the state’s licensing laws “significantly exceed what is necessary†to advance the state’s interest.
Indiana Attorney General Curtis Hill responded Sunday by appealing Barker’s ruling to the 7th Circuit Court of Appeals. The AG’s office additionally requested an immediate stay to prevent the clinic from opening until the state’s appeal is considered.
“Criminal and civil penalties can only punish violations of the law after they occur. Licensing makes violations less likely to happen in the first place,†Attorney General Curtis Hill said in a Monday statement. “This is precisely why states have licensed the legal and medical professions since the mid-nineteenth century. Requiring abortion clinics to be licensed facilities is entirely reasonable and constitutional. For that matter, it’s the very least we should do to protect the health of women and unborn children.â€
Hill further argued the state has good reasons for requiring abortion clinics to be licensed, such as its interest in protecting the health of mothers and preserving the life of a fetus.
“This federal judge seems to believe that every large city in the state is entitled to its own abortion clinic,†Hill stated. “She further seems to think that state licensing requirements must give way whenever a clinic proposes to open in a city without one. The U.S. Supreme Court has never even remotely implied that such a rule exists.â€
Jackie Appleman, executive director of St. Joseph County Right to Life, said, “We are appalled that the federal judge would completely undermine the state’s ability and right to license. … Even our hair and nail salons need to be licensed, so now you’re allowing a business that hands out medication to be unlicensed. That’s very dangerous.â€
Appleman added that the ruling demonstrates WWHA’s “complete disregard for women’s health and reveals that their only interest is in selling abortion at any costs.â€
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LST 325 Celebrates D-Day