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“READERS FORUM” JANUARY 27, 2019
We hope that today’s “READERS FORUMâ€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?Â
WHAT’S ON YOUR MIND TODAY?
Todays“Readers Poll†question is: If the election was held today for the Evansville City Council 1st Ward seat who you vote for?
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City Council Meeting On January 28, 2019
JANUARY 28, 2019 At 5:30 P.M at the Civic Center.
AGENDA
| I. | INTRODUCTION |
Agenda Attachment:
| II. | APPROVAL OF MEETING MEMORANDUM |
Memo Attachment:
| III. | REPORTS AND COMMUNICATIONS |
| IV. | SPECIAL ORDERS OF THE DAY |
A. COMMITTEE APPOINTMENTS
B. LIAISON APPOINTMENTS
| V. | CONSENT AGENDA:Â FIRST READING OF ORDINANCES AND RESOLUTIONS |
A. ORDINANCE F-2019-01 An Ordinance of the Common Council of the City of Evansville Authorizing Transfers of Appropriations, Additional Appropriations and Repeal and Re-Appropriation of Funds for Various City Funds Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 2/11/2019 Notify: Russ Lloyd Jr., Controller F-2019-01 Attachment:
B. ORDINANCE R-2019-02 Amended An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 202-204 E. Florida Street Petitioner: Betty J. Hammer Owner: Betty J. Hammer Requested Change: C1 and R2 to C4 w/UDC Ward: 3 Hayden Representative: Krista B. Lockyear, Lockyear Law R-2019-02 Amended Attachment:
C. ORDINANCE R-2019-03 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 3540 Broadway Avenue Petitioner: Richard & Lucia Schenk Owner: Richard & Lucia Schenk Requested Change: R1 to C4 w/ UDC Ward: 6 Brinkmeyer Representative: Krista B. Lockyear, Lockyear Law R-2019-03 Attachment:
| VI. | COMMITTEE REPORTS |
| VII. | REGULAR AGENDA:Â SECOND READING OF ORDINANCES AND RESOLUTIONS |
A. ORDINANCE R-2018-31 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1900-1912 N Fifth Avenue Petitioner: John and Anita Smith Owner: John & Anita Smith Requested Change: C4 to M1 w/UDC Ward: 6 Brinkmeyer Representative: Thomas J. Keith, Andy Easley Engineering, Inc. R-2018-31 Attachment:
B. ORDINANCE R-2018-32 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1022 SE Second Street Petitioner: Evansville Brownfields Corp. Owner: Evansville Brownfields Corp. Requested Change: C4 to C2 Ward: 4 Robinson Representative: Kelley Coures, Department of Metropolitian Development R-2018-32 Attachment:
C. ORDINANCE R-2018-33 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 29, 31-33Â and 35 Jefferson Street Petitioner: Evansville Brownfields Corp. Owner: Evansville Brownfields Corp. Requested Change: R2 to C2 Ward: 4 Robinson Representative: Kelley Coures, Department of Metropolitian Development R-2018-33 Attachment:
D. ORDINANCE R-2018-34 Amended An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1306, 1312 and 1320 SE Second Street Petitioner: Thomas J. Keith Owner: Rathbone LP Requested Change: R3 to C2 w/UDC Ward: 4 Robinson Representative: Thomas J. Keith, Andy Easley Engineering, Inc. R-2018-34 Amended Attachment:
| VIII. | RESOLUTION DOCKET |
| IX. | MISCELLANEOUS BUSINESS |
A. THE NEXT MEETING of the Common Council will be Monday, February 11, 2019 at 5:30 p.m.
B. 2019 YOUTH GRANT APPLICATIONS are available online at www.evansville.in.gov/youthgrants or during regular office hours in the City Clerk’s Office in Room 314 of the Civic Center. Application deadline is 5:00 p.m., Friday, February 15, 2019.
C. ADDITIONAL MISCELLANEOUS BUSINESS
| X. | COMMITTEE REPORTS |
| XI. | ADJOURNMENT |
Specialized Pediatric Orthopedic Care Opens in Evansville
Specialized Pediatric Orthopedic Care Opens in Evansville
JANUARY 24TH, 2019 
TYRONE MORRIS EVANSVILLE, INDIANA
Orthopedic Surgeons in the Tri-State are collaborating with the Peyton Manning Children’s Hospital at St.Vincent to bring specialized care to Evansville.
Starting January 25th, Peyton Manning Children’s Hospital orthopedic surgeon, Dr. Enrico Stazzone, will provide a pediatric orthopedic clinic on the fourth Friday of each month.
The new facility will be located inside the offices of the Tri-State Orthopedic Surgeons. Dr. Stazzone specializes in orthopedic injuries congenital disorders and pediatric development.
To connect with Dr. Stazzone’s Evansville clinic, patients and providers may call the St. Vincent Center for Children at 812-485-7425.
C
State Police Personnel Recognized for Decades of Service
Superintendent Doug Carter recognized long-serving civilian and enforcement members of the Indiana State Police who recently achieved milestone anniversaries of 30, 35, 40 and 45 years of dedicated service to the state police and citizens of Indiana. Each department member pictured below was presented a certificate to commemorate their years of service.
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Annamary Sullivan – 45 years of service       Criminal Justice Data Division |
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Maj. Patrick O’Connor – 40 years of service     Special Operations Commander |
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Capt. Erv Faulk – 35 years of service          Criminal Justice Data Division |
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Maj. Todd Smith – 30 years of service           Chief Legal Counsel |
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Lt. Jeffrey Payne – 30 years of service      Indianapolis District Commander |
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M/Tpr Lionel Douglas – 30 years of service      Lowell District Trooper |
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M/Tpr Kelly Lazzell – 30 years of service   Indianapolis District Trooper |
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F/Sgt Michael Nichols – 30 years of service     Special Operations Strategic Planning |
Board of School Trustees of the Evansville Vanderburgh School Corporation Meeting
The Board of School Trustees of the Evansville Vanderburgh School Corporation will meet in executive session at 3:30 p.m. on Monday, January 28, 2019, in the John H. Schroeder Conference Centre at the EVSC Administration Building, 951 Walnut, IN 47713, Evansville, IN. The session will be conducted according to Senate Enrolled Act 313, Section 1, I.C. 5-14-1.5-6.1, as amended. The purpose of the meeting is for discussion of collective bargaining, (2)(A); initiation of litigation or litigation that is either pending or has been threatened specifically in writing, (2)(B); purchase or lease of property, (2)(D); and job performance evaluation of individual employees, (9).
The regular meeting of the School Board will follow at 5:30 p.m. in the EVSC Board Room, same address.
USI Theatre Continues Season with Pygmalion
University of Southern Indiana Theatre will continue its 2018-2019 season with the classic play Pygmalion, written by Bernard Shaw and directed by Elliot Wasserman, professor of theatre. The production runs from Thursday, February 14 through Sunday, February 17 in the USI Performance Center located in University Center East on USI’s campus.
Co-produced with New Harmony Theatre, which operates under a contract with the Actors Equity Association, the professional union of actors and stage managers, the production will feature two professional actors in the cast—Ronald Keaton and Bryan Vickery—and union stage manager Margaret Kayes.
Pygmalion, named after the sculptor in Greek mythology, tells the story of upper-class gentleman Henry Higgins transforming a lower class young woman, Eliza Doolittle, into a duchess in only six months. What Henry does not anticipate are Eliza’s intelligence and independent nature. Will the story end in the same romantic way as the Greek myth or take a much different turn?
Wasserman will be joined by a design team including USI faculty member Paul Weimer as scenic designer; USI staff member Kevin Gray as sound designer; USI staff member Shan Jensen as costume designer; USI staff member Andy Hammond as technical designer; and USI students Rafael Gonzalez III as lighting designer and Robin Lusby and Cole Henrich as assistant stage managers.
The cast of Pygmalion includes USI students Ashtyn Cornett, Otto Mullins Jr., Easton Crisp, Kaitlyn Kearschner, Isabelle Rogers, Paige Murray, Zoie Hunter, Perci Hale, Trevor Maxey, Kyle Meunier, Dillon Betz, Brennan Hobson and Brandon Douglas.Tickets are $2 for USI students, $10 for USI employees, $4 for non-USI students (student ID required), $10 seniors (60+), and $12 for adults. Tickets are FREE to USI students with ID one hour before the show begins based on availability. Shows start at 7 p.m. Thursday through Saturday and 2 p.m. for the Sunday matinee. To purchase tickets or for more information visit USI.edu/Theatre or call the box office at 812-465-1635. Follow us on Facebook at USITheatre and NewHarmonyTheatre, Twitter @TheatreUSI, and Instagram @USI_theatre for updates and photos.
USI Theatre’s final show for the 2018-2019 season will be the new musical comedy First Date with adaptation by Austin Winsberg and music and lyrics by Alan Zachary and Michael Weiner. The musical is directed by Eric Altheide, associate professor of theatre, and will run from April 11 – 14.
Please join us this summer for productions by local professional theatre, New Harmony Theatre! This summer’s season will be Good People by David Lindsay-Abaire, running from June 21 – June 30; Always…Patsy Cline by Ted Swindley, from July 12 – July 21; and Driving Miss Daisy by Alfred Uhry, from July 26 – August 4. Tickets are on sale now and can be purchased online at USI.edu/nh-theatre/tickets/ or by phone at 812-682-3115.
ADOPT A PET
Tumble is a rough & tumble little male black kitten! He is 7 months old. He’s currently adoptable at River Kitty Cat Café in downtown Evansville! His adoption fee is $40 and he’s neutered, up-to-date on shots, and ready to go home today. Contact Vanderburgh Humane at (812) 426-2563 or River Kitty at (812) 550-1553 for adoption details!
Reversal: Children placed in father’s care weren’t CHINS
Dave Stafford for www.theindianalawyer.com
Three Tippecanoe County minor children age 5 and younger who were cared for by their father after they were found home alone in their mother’s home should not have been adjudicated children in need of services, the Indiana Court of Appeals held Friday in reversing the juvenile court.
Mother A.K. was charged with neglect after their father, R.M., requested a well-being check on the children in December 2017. Police found the children unattended, the home in disarray and the door broken down. Father had previously found the children alone, and he told caseworkers he was not paying child support because he believed any money he gave to A.K. would be spent on drugs.
Months earlier, mother and her boyfriend had entered into an informal adjustment with the Department of Child Services due to concerns about substance abuse in the home. After the December 2017 well-being check, the minor children were placed with father, who was working and able to provide care for them, according to the record.
A DCS family case manager later testified that she had no issues with the children being in their father’s care as mother continued to struggle with court-ordered substance-abuse treatments, missing all but three or four of 20 scheduled visits.
Nevertheless, the court adjudicated the children as CHINS in February 2018, finding the only service that “might be appropriate†for father was parenting education. Father later was awarded custody of the children in a separate proceeding last August, after which DCS moved to dismiss the wardship.
In father’s appeal, he challenges whether DCS intervention was necessary, whether the record supports services he was required to complete, and whether a revised statute allows a CHINS court to modify custody. The COA ruled in father’s favor.
“We reverse the CHINS adjudication. We also determine that the CHINS court could have properly considered the custody matter pursuant to the revisions to Ind. Code section 31-30-1-13. We further conclude that Father’s challenge to the services ordered in the parental participation order is moot,†Judge Paul Mathias wrote for the panel in In re the Matter of M.M., A.M., and B.M. (Minor Children), R.M. (Father) v. Indiana Department of Child Services, 18A-JC-1234.
DCS argued that the children should be adjudicated as CHINS “to protect children ‘at imminent risk’ of being displaced or endangered.†But this alone was insufficient, the panel held. “In short, the agency’s concern that led it to continue to pursue a CHINS adjudication in spite of its belief Father was a ready, willing, and able parent, was that he did not have actual legal custody, which meant the children were at risk for going back to an unfit mother if the CHINS cases were to be closed. It is DCS’s position that the children were CHINS solely because of this legal risk, however remote in these circumstances, and that it is ‘compelled to pursue a CHINS adjudication unless and until the case can be resolved by other means, including legal custody to the non-offending parent,’†Mathias wrote.
“The court’s order adjudicating the children CHINS focuses on the facts and circumstances leading up to and surrounding the removal of the children from Mother’s care, and not the situation at the time the case was heard,†when they were in the care of their father. “While DCS was concerned about the legal custody arrangement at issue, the legal possibility of the children returning to Mother’s care does not alone mean that the children required services. The needs of the children were met, and there was no evidence showing that the coercive intervention of the court was needed to provide the children with services at the time of the fact-finding. Accordingly, we reverse the adjudication of the children as CHINS.â€
The panel also wrote that the CHINS court in this case could have modified custody itself.
“(P)rovided Mother had notice and the opportunity to be heard regarding Father’s request for change of custody, it was within the CHINS court’s authority in accordance with the newly amended Ind. Code section 31-30-1-13 to consider the request for change of custody and enter an order modifying custody pursuant to the analysis required by Ind. Code section 31-14-13-2, as well as corresponding statutes and existing precedent, that would survive the termination of the CHINS proceeding,†Mathias wrote.
Finally, the panel found father’s challenge to orders concerning parental participation moot, because the CHINS petition has been dismissed, and the orders are no longer effective.
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