AGENDA of the Vanderburgh County Board of Commissioners
AGENDA of the Vanderburgh County Board of Commissioners
April 2, 2019, at 3:00 pm, Room 301
- Call to Order
- Attendance
- Pledge of Allegiance
- Action ItemsÂ
- Resolution NO. CO. R-04-19-006: Defining and Clarifying the Class of Vanderburgh County Employees Eligible to use the Services of the Tri-State Community Clinics, LLCÂ
- Superior Court: Professional Service Agreement with Jessica MarcrumÂ
- County Clerk: Request to Increase Early Voting and Election Day Poll Worker Pay Â
- Burdette Park: 2019 RC Beverage Co. ContractÂ
- County Health Department: STD Grant Agreement with Ryan WhiteÂ
- County Auditor: Agreement with Lewis & Associates to Perform Cable Franchise Fee Audit
- Old Courthouse: Lease Agreement with Gary HobdyÂ
- Purchasing Department: Permission to Advertise Notice to Bidders for Surfacing MaterialsÂ
- Community Corrections: Second Chance Act GrantÂ
- Area Plan Commission: Unified Development Code Update – Kickoff Presentation
- Department Head Reports
- New Business
- Old Business
- Consent Items
- Approval of March 19, 2019 Meeting Minutes & March 26, 2019 Special Meeting MinutesÂ
- Employment ChangesÂ
- Weights and Measures: Feb 16- March 15, 2019 Monthly ReportÂ
- Old National Events Plaza: Food and Beverage Funds Request
- Township Trustee Standards 2019: Pigeon TownshipÂ
- County Auditor: Claim Voucher Report: 3/18/19- 3/22/19 & 3/25/19-3/29/19Â
- County Treasurer: February 2019 Monthly ReportÂ
- Superintendent of County Buildings:
- Old Courthouse Chiller repair quote
- Mowing Quotes
- Surplus Requests:
- County Council for a ComputerÂ
- Area Plan Commission for a ScannerÂ
- County Engineering:
- Department Report
- Pay Request #44 University Parkway T.I.F. for the sum of $162,272.42
- Pay Request #56 U.S. 41 Expansion T.I.F. for the sum of $2,150.09Â
- ClaimsÂ
- Legal Aid Society: Annual End of the Year SummaryÂ
- Substance Abuse Council: Local Drug Free Communities Fund InformationÂ
- Road Closure Request: Indiana State Games on 5/19/19
- Commissioners: Appropriation Request for Change of Venue
- Public Comment
- Adjournment
House Committee Passes Amendments On Gaming Bill
By Victoria Ratliff
TheStatehouseFile.com
INDIANAPOLIS- A Gary riverboat casino would be allowed to move inland under a bill approved Wednesday by a House committee – but with a $100 million price tag.
That is one of the numerous provisions in Senate Bill 552, the giant gambling bill that was approved unanimously by the House Public Policy Committee. The amended bill covers an array of other gaming issues, including moving a second Gary casino license to the Terre Haute area and legalizing betting on sports, though not via phone or computer apps.
Under the amendment offered by committee chairman Rep. Ben Smaltz, R-Auburn, the Gary casino operator, Spectacle Gaming LLC, would have to pay a $100 million fee to repurchase the license they already have in order to operate at a new location near a northern Indiana interstate highway. Smaltz argued that gaming licenses are the property of the state, so if the location changes, a new fee to acquire it should be assessed.
The size of the fee shocked some committee members.
“To me it sounds like an address change,†said Rep. Vanessa Summers, D-Indianapolis. “It doesn’t necessarily sound like something that they should have to pay $100 million to do… Even for a rich person $100 million is kind of in the stratosphere.â€
Gary is seeking to allow the casino to move inland in order to open up its port for economic development.
B.R. Lane, who represented Gary at the hearing, said later that the price tag “might have a chilling effect†on keeping businesses in Indiana. Gambling advocates here have kept an eye on Illinois, and the possibility of a casino being placed just west of Indiana’s border.
And John Keeler, a lobbyist for Spectacle, said that business already paid for the existing gaming licenses. Under the amended form of SB 552, they would have to pay again, plus lose one license to the Terre Haute area which would go up for bid.
“We do hope the license fee will be more reasonable, more business-friendly,†he said after the hearing.“It is a tremendous risk. One is the investment of $300 million in Gary (to build the new casino) and the other is the…potential competition from a Chicago casino.â€
Rep. Sean Eberhart, R-Shelbyville, called for the fee to be eliminated altogether.
“To me, I think it should be a zero fee to move. I think it’s fair compensation. They’re taking a risk†by investing millions to relocate the casino, he said.
Eberhart, though, was most interested in another provision in the amendment. His community, Shelbyville, has one of two racinos in Indiana, along with Anderson, which combines horse racing and a casino. Those racinos, unlike other casinos in Indiana, do not have live table games, that use human dealers rather than video. A 2015 law allows them to get those live games in 2021, but the version of SB 552 which passed the Senate 38-1, moved those up to this year.
“The only reason Indiana Grand and Hoosier Park don’t have live table games now is because of Gov. (Mike) Pence and his threat to veto the entire gaming bill in 2015,†Eberhart said.
Also added to the bill Wednesday was an amendment by Rep. Edward Clere, R-New Albany, allowing veterans and fraternal organizations to participate in sports betting as long as the money only goes towards the organization. Clere said that since the bill already would legalize sports betting, a version benefiting charities also should be approved.
“I thought it would be an appropriate time to add this new opportunity so that they could conduct spots brackets or pool surrounded events,†he said.
Despite numerous questions from the committee, Clere’s amendment was adopted as Smaltz and House Ways and Means Co-Chairman Todd Huston, R-Fishers, both stressed that the bill is a work in progress and will be heading next to that budget-writing committee.
Smaltz said his amendment nixed the use of computers and mobile phones for sports betting because he was concerned that that could lead to every community having gambling. If someone could bet on a sporting event from their phone, it would be hard to argue that they couldn’t have black-jack and other casino games, he said.
Rep. Matt Lehman, R-Berne, said the bill does represent an “expansion of gaming†in Indiana.
“You don’t move boats from water to land and not call it an expansion,†he said.
He said the bill opens the door for other casinos to ask to move off the water and on to land. Sports betting and live dealers at racinos also expand gambling, Lehman said.
Yet he voted for the bill saying, “We’re here, we’re in. To use a gambling term, we’re all in. We’ve made this agreement and at the end of the day jobs, tax dollars†are dependent on the business.
FOOTNOTE: Victoria Ratliff is a reporter for TheStatehouseFile.com, a news site powered by Franklin College journalism students.
University Of Evansville Men’s Baseball Team Sweeps Bradley
PEORIA, Ill. – On a cold and dreary afternoon in Peoria, Illinois, the University of Evansville baseball team delivered a complete a team effort to double up Bradley, sealing the deal on a Missouri Valley Conference series victory Saturday, at Dozer Park.
It began on the hill, as junior left-hander Nathan Croner shutout the Braves across the first four frames, striking out three in the process.
Croner also received early run support, After senior center fielder Nate Reeder hustled out an infield single in the second inning, he was moved over to second on a grounder, the speedy Reeder swiped third. That move would set up freshman second baseman Danny Borgstrom for an RBI single to left, putting UE out in front, 1-0.
In the top of the third, red-hot sophomore first baseman Tanner Craig continued his clutch swinging, with a run-scoring lace to left, that tallied junior right fielder Troy Beilsmith, doubling the lead to 2-0. Later in the inning, Evansville would load up the bases, and a wild pitch would allow Tanner Craig to race home with yet another run, making it 3-0 UE.
In the bottom of the frame, with a runner on first, Bradley’s Chad Garon sent a single to right. Brendan Dougherty raced for third, but a bullet from Troy Beilsmith to Sam Troyer gunned down the Braves’ hopes for a rally, ending the inning.
Nathan Croner had his dreams of a shutout shattered in the fifth frame, as a sacrifice fly brought in Bradley’s first run of the series, making it 3-1 Evansville. The junior southpaw would limit the damage there, and exited the game after five innings, allowing one run on seven hits, while striking out three.
Freshman right hander, Shane Gray would take over in the sixth and tossed back to back scoreless innings. However, in the eighth, Gray was tagged for a solo home run by Dan Bolt, shaving the UE lead down to one. The Braves would go onto put two aboard later in the frame, but Gray induced an inning-ending double play, keeping Evansville in front, 3-2.
In the ninth inning, Tanner Craig would give the Aces back their two-run margin, belting an RBI double to left, scoring Beilsmith from third.
Leading 4-2 in the bottom of the innings, the Aces turned to senior right hander reliever Austin Allinger for the second day in a row. After getting the first two outs quickly, Allinger would walk the next two batter, putting the tying and winning runs on base. However, the senior would bear down and get Chad Garon to fly out to end the game, earning Allinger his fourth save of the season, while Nathan Croner move to 5-2 on the year.
The win improves Evansville’s record to 13-9 on the season, surpassing their entire win total for all of 2018. The loss drops Bradley to 12-9. The Aces go for the series sweep of the Braves Sunday afternoon at Dozer Park, with senior left-hander Alex Weigand taking the hill for UE. First pitch is set for 1 p.m.
- INFO: For all of the latest information on University of Evansville athletics, visit GoPurpleAces.com or follow the program on Twitter via @UEAthletics.
- DONATE: For information on giving to UE Athletics or its individual athletics programs, visit the DONATE tab on the top of GoPurpleAces.com.
- TICKETS: To purchase tickets for University of Evansville athletics events, log on to GoPurpleAces.com and click on the TICKETS tab on top of the page.
Joe Downs
Director of Athletic Media Relations
University of Evansville
Office Phone: 812-488-2394
Cell Phone: 812-677-1836
‘Pursuit Of Happiness’ Marijuana Case Seeks Hoosier Justices’ Consideration
Katie Stancombe for www.theindianalawyer.com
A case dealing with a man’s constitutional right to the pursuit of happiness in the form of a marijuana blunt is possibly headed to the state’s highest court now that a petition to transfer has been filed.
While hitching a ride to a liquor store, John L. Solomon was arrested during a traffic stop when police found a marijuana blunt near where Solomon had been sitting in the backseat. Police said Solomon claimed nothing in the car was his except the blunt, but at a bench trial more than a year later, Solomon testified he didn’t know about the blunt and that he had told an officer it didn’t belong to him. Solomon was ultimately convicted of Class B misdemeanor possession of marijuana.
Although he raised an argument under the Indiana Constitution challenging Indiana’s criminal law against marijuana, the Indiana Court of Appeals declined to accept Solomon’s assertion that his misdemeanor conviction violated his constitutional rights to liberty and the pursuit of happiness under Article 1, Section 1, of the Indiana Constitution.
Specifically, the COA found Solomon’s claim was waived in John L. Solomon v. State of Indiana, 18A-CR-2041, because it was not raised in the trial court, and that even if it had been justiciable, reversal was not warranted. The court held that the extent to which Solomon’s possession of marijuana under the circumstances constituted a criminal offense was a legislative determination, not a judicial one.
But Indiana University Robert H. McKinney School of Law professor Joel Schumm, who is representing Solomon in the case, has filed a petition to transfer what he considers a case of first impression.
In the petition, Schumm criticized the appellate court’s published opinion of the case, which he noted was primarily devoted to summarizing counsel arguments in several pages before finally resolving the issue in its final paragraph.
“Perhaps most troubling, without citation to authority the opinion broadly declares an Article 1 constitutional claims is off-limits as ‘a legislative determination and not a judicial one,’†Schumm wrote in the March 18 petition to transfer.
The petition states that possession of a single blunt by a person who is not driving does not cause harm to the community and falls well within the protections afforded by Section 1. Among other arguments opposing the COA’s denial, the petition points out that articles cited by the state opposing Solomon’s claims instead place focus on the potential harm to pot users, rather than harm inflicted on the community as a whole.
Schumm also wrote that marijuana use was legal in 1851 when the Indiana Constitution was drafted and ratified, and that in the mid-1800s marijuana was legal in the United States and used for medicinal purposes on a small scale. Schumm additionally asserted that transfer was warranted because the COA’s published opinion conflicted with Indiana Supreme Court precedent, and because it decided on a case of first impression in a manner that “significantly departs from precedent and practice.â€
Solomon’s case is a topical one, as Indiana sits rogue among neighboring states as one that has yet to legalize any form of marijuana. Lawmakers in the Indiana General Assembly have introduced numerous bills to legalize medicinal or recreational marijuana this legislative session. However, all but one of those bills has made little progress.
Recognizing the Highland Baseball World Series winners
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The Highland Baseball Club Little League team recently joined me at the Statehouse to be honored with a resolution.
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The team won the 2018 Little League Challenger Division World Series. From Evansville, they traveled to Pennsylvania to compete against and ultimately defeat the Hazelton Little League Challenger team.
The Little League Challenger Division was established for those with physical and intellectual disabilities to play on a baseball team and has been a part of the Evansville community since 2014. Families and friends come together to support their children, and the enthusiastic environment created by the players, fans, and coaches is truly something to experience.
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ShrinersFest Theme Announced, Tickets On Sale
ShrinersFest will once again take over the Evansville riverfront on June 20-23, 2019 as the Hadi Shriners present their 16th annual festival and air show. Attracting tens of thousands of attendees from across the midwest each year, this Tri-State summer tradition will once again feature four days of family entertainment.
The theme of this year’s ShrinersFest is a Salute to First Responders. “We have always been about honoring those who have served” said Dale Thomas, Director of Public Relations for the Hadi Shriners. “This year we are excited to place an emphasis on our community’s police, fire, and EMS personnel throughout the weekend.” Various displays and live demonstrations are planned this year showcasing the capabilities of our hometown heroes.
Various military and civilian aircraft will be on hand again this year to thrill the crowds as they perform over the river during the 2019 ShrinersFest Air Show. Featured performers of this year’s air show include the U.S. Army Special Ops Black Daggers Parachute Team, U.S. Air Force T-38 Talon jets, a World War II B-25 Mitchell bomber, a Russian MiG-17 jet demonstration, and a World War II air power display. Nearly two dozen aircraft are anticipated to participate in this year’s air show, scheduled for Saturday, June 22 and Sunday, June 23.
“We have a great air show lineup this year,” stated Luke Carrico, Chairman of the ShrinersFest Air Show. “We have been hard at work reaching out to military units throughout the country to participate this year and we expect to add additional aircraft as we get closer to festival weekend.”
Returning festival favorites includes a Miss ShrinersFest Pageant, a YMCA sanctioned 5K run, Ultimate Air Dogs, carnival rides, food trucks, live music, beer gardens, and participation by the USS LST 325.
Tickets are now on sale via the festival website – ShrinersFest.com. Attendees arenow able to purchase tickets ahead of time to later be exchanged at the festival for aShrinersFest button. Beginning in May, attendees can purchase admission buttons at adiscount at area businesses and banks. Admission is $10 per person in advance andallows for entry during the entire weekend. Thanks to our corporate partners, kids 12and under are free.
Additional information about this year’s ShrinersFest, including performers andattractions, can be found at ShrinersFest.com.
Hoosiers Qualify Four Swimmers, Relay for Saturday Night NCAA Finals
Hoosiers Qualify Four Swimmers, Relay for Saturday Night NCAA Finals
 AUSTIN, Texas – The No. 2-ranked Indiana University men’s swimming and diving team continued competition at the 2019 NCAA Championships on Saturday morning at the Lee and Joe Jamail Texas Swimming Center in Austin, Texas.
IU qualified a total of four swimmers and one relay for finals on Saturday night at the NCAA Championships. Three individuals and the relay will all compete in Championship Finals for Indiana.
Headed into the fourth and final day of the 2019 NCAA Championships, the Hoosiers sit in third place in the team standings with a total score of 277.5 points. California leads with a score of 372, while Texas remains in second place with a total of 329.
200 BackstrokeIU’s Gabriel Fantoni placed 24th overall in the 200 backstrokes with a time of 1:41.36.
100 Freestyle
Hoosier senior Zach Apple continued his terrific week at the NCAA Championships, qualifying fourth overall for the Championship Final of the 100 freestyle with a time of 41.59.
Junior Mohamed Samy matches his personal-best time of 41.98 to earn a spot in the Consolation Final, qualifying 12th overall. Samy improved 22 spots from his seed time in the event to earn his place in the B Final.
Bruno Blaskovic placed 19th overall with a time of 42.21.
200 Breaststroke
The defending NCAA Champion in the 200 breaststrokes, Ian Finnerty qualified second overall for the Championship Final in the event on Saturday night with a time of 1:51.24.
Freshman Zane Backes placed 27th overall with a time of 1:54.89.
200 Butterfly
Senior Vini Lanza, fresh off his NCAA title in the 100 butterflies on Friday, qualified in a tie for third for the Championship Final of the 200 butterflies on Saturday with a time of 1:40.18.
Freshman Van Mathias placed 34th overall with a time of 1:44.24.
400 Freestyle Relay
The Hoosier 400 freestyle relay team of Zach Apple, Bruno Blaskovic, Mohamed Samy and Jack Franzman qualified second overall for Saturday night’s Championship Final with a time of 2:48.67.
Platform Dive
IU sophomore Andrew Capobianco placed 28th overall in the platform dive at the NCAA Championships with a total score of 289.00
The 2019 NCAA Championships will conclude on Saturday evening with the finals of the 200 backstroke, 100 freestyle, 200 breaststrokes, 200 butterflies, 400 freestyle relay, platform dive and 1,650 freestyle. The action gets underway at the Lee and Joe Jamail Texas Swimming Center at 7:00 p.m. ET.
Be sure to keep up with all the latest news on the Indiana men’s and women’s swimming and diving teams on social media – Twitter, Facebook, and Instagram.
200 Butterfly
24. Gabriel Fantoni – 1:41.36
100 Freestyle
Zach Apple – 41.59 (Championship Final; Personal Best)
Mohamed Samy – 41.98 (Consolation Final)
19. Bruno Blaskovic – 42.21
200 Breaststroke
Ian Finnerty – 1:51. 24 (Championship Final)
27. Zane Backes – 1:54.89
200 Butterfly
Vini Lanza – 1:40.18 (Championship Final)
34. Van Mathias – 1:44.24
400 Freestyle Relay
Zach Apple, Bruno Blaskovic, Mohamed Samy, Jack Franzman – 2:48.67 (Championship Final)
Platform Dive
28. Andrew Capobianco – 289.00
BIRTHDAYS FOR MARCH 2019
BEN SHOULDERS
RONALD RIECKEN
RICK DAVISÂ
JAY ZIEMER
DEBBIE KELLER
WARD SHAW
JOE KRATOCHVIL
MICHAEL PEARCE
ADAM SCHAAF
TRACY KISSEL
SHARON BARON
JERRY WILLIAMS
KATIE FELKER
MIKE BALL
JOE TOWNSEND
NICHOLAS J WILDEMAN
SUSAN BACON
MARCUS A> HESTER
DAVE HUFFMAN
JOHNÂ MILLER
JOHN FRANKS
TIM DEISHER
BRAD SAGE
JOHN ROGERS
SHARON BARON
WARD SHAW
DEBBIE KELLER
RICK MACPHERSON
KEVIN WATERS
VICKI NELSON
ASAM SCHAAF
RICK DAVIS
MICHAEL PEARCE
DAVE KENNEDY
KEN ROBINSON
LYDIA JOHNSON
LEAH N. SPIVEY
ZAC PARSON
DELBERT (BUDDY) HUDSON
AMY LUTZEL
MIKE SCHOPMEYER
REBECCA BUDDE, CPA
FRES EMORY
JENNI ORPURT
KEITH GANDER
MELINDA MACKEY
CHUCK YOUNG
DARREN STREAM
AARON WILSON
NEALSON FOSTER
ANDREW SMITH