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EVANSVILLE CITY COUNCIL MEETING AGENDA

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CITY COUNCIL AGENDA

SEPTEMBER 24, 2018 MEETING at 5:30 P.M.

I. INTRODUCTION

 

9/24/2018 Agenda Attachment:
II. APPROVAL OF MEETING MEMORANDA

 

III. REPORTS AND COMMUNICATIONS

 

IV. SPECIAL ORDERS OF THE DAY

 

V. CONSENT AGENDA:  FIRST READING OF ORDINANCES AND RESOLUTIONS

 

A. ORDINANCE G-2018-24 An Ordinance Vacating the 12’ Alleys Lying Within Block Three (3) of the McInnerny Enlargement to the City of Evansville, Indiana Sponsor(s): Robinson Discussion Led By: Public Works Chair Mosby 10/8/2018
G-2018-24 Attachment:
B. ORDINANCE G-2018-25 An Ordinance to Vacate Certain Public Ways Within the City of Evansville, Indiana Part of the Northeast Quarter of the Southeast Quarter of Section 28, Township 6 South, Range 10 West of the 2nd PM lying in Knight Township, Vanderburgh County, Indiana, Part of Lot 1 in Schreeder Place and Part of a 15 Foot Wide Alley Lying South of Lots 1 through 4 and North of Lot 62 in Schreeder Place Sponsor(s): Mosby Discussion Led By: Public Works Chair Mosby 10/8/2018 Notify: Craig Miller, Levere Building Corporation of Evansville, Indiana
G-2018-25 Attachment:
C. ORDINANCE F-2018-19 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 10/8/2018 Notify: Russ Lloyd, Jr., City Controller
F-2018-19 Attachment:
D. ORDINANCE F-2018-20 An Ordinance of the Common Council of the City of Evansville, Indiana, Approving Bonds of the Vanderburgh County Redevelopment District Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 10/8/2018
F-2018-20 Attachment:
E. ORDINANCE R-2018-24 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 819 W. Franklin Street Petitioner: Red Door Investments, LLC Owner: Red Door Investments, LLC Requested Change: C-4 to C-1 Ward: 6 Brinkmeyer Representative: Scott Buedel, Cash Waggner & Associates
R-2018-24 Attachment:
F. ORDINANCE R-2018-25 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 4445 Commerce Street Petitioner: Kevin Ferrell Owner: F&P Real Estate Holdings, LLC Requested Change: C2 to C4 Ward: 5 Elpers Representative: Kevin Ferrell, F&P Real Estate Holdings, LLC
R-2018-25 Attachment:
G. ORDINANCE R-2018-26 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 433 Enlow Avenue Petitioner: Aletheia Properties, LLC Owner: Aletheia Properties, LLC Requested Change: R2 to R3 Ward: 6 Brinkmeyer Representative: Michael Rivas, Kahn Dees Donovan & Kahn
R-2018-26 Attachment:
VI. COMMITTEE REPORTS

 

VII. REGULAR AGENDA:  SECOND READING OF ORDINANCES AND RESOLUTIONS

 

A. ORDINANCE G-2018-22 An Ordinance to Vacate a Certain Easement Within the City of Evansville, Indiana, Described as a Portion of Lot One (1) in 28 Jefferson, A Minor Subdivision, as per Plat Thereof, Recorded in Plat Book U, Page 120 in the Office of the Recorder of Vanderburgh County, Indiana Sponsor(s): Robinson Discussion Led By: Public Works Chair Mosby 9/24/2018 Notify: Kelley Coures, Dept. of Metropolitan Development
G-2018-22 Attachment:
B. ORDINANCE R-2018-15 AMENDED An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 100 – 108 E. Louisiana Street Petitioner: Betty J. Hammer Owner: Betty J. Hammer Requested Change: R2 to C4 w/ UDC Ward: 3 Hayden Representative: Krista Lockyear, Lockyear Law
R-2018-15 Amended Attachment:
C. ORDINANCE R-2018-21 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 4002 Petes Court Petitioner: Daniel Ehmke Owner: Daniel Ehmke Requested Change: R1 to R3 Ward: 6 Brinkmeyer Representative: Daniel Ehmke
R-2018-21 Attachment:
D. ORDINANCE R-2018-22 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1150 SE Second, 15, 17, 23, 27 Jefferson Petitioner: Evansville Brownfields Corp. Owner: Evansville Brownfields Corp. Requested Change: C4 & R2 to C2 Ward: 4 Robinson Representative: Carolyn Rusk, Evansville Brownfields Corp.
R-2018-22 Attachment:
VIII. RESOLUTION DOCKET

 

A. RESOLUTION C-2018-25 A Resolution Encouraging Certain Additions to the Proposed 2019 City of Evansville Budget Sponsor(s): Adams Discussion Led By: Finance Chair Weaver 9/24/2018
C-2018-25 Attachment:
B. RESOLUTION C-2018-26 A Preliminary Resolution of the Common Council of the City of Evansville Declaring an Economic Revitalization Area for Property Tax Phase-In for the Construction of Real Property at 6818 Interchange North Road Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 9/24/2018
C-2018-26 Attachment:
C. RESOLUTION C-2018-27 A Resolution Encouraging Certain Additions to the Proposed 2019 City of Evansville Budget Sponsor(s): Hayden/Elpers Discussion Led By: Finance Chair Weaver 9/24/2018 Notify: Joshua Claybourn, City Council Attorney
C-2018-27 Attachment:
D. RESOLUTION C-2018-28 A Resolution Concerning the Lloyd Expressway Corridor Management Plan Sponsor(s): Weaver Discussion Led By: Public Works Chair Mosby 9/24/2018 Notify: Joshua Claybourn, City Council Attorney
C-2018-28 Attachment:
E. RESOLUTION C-2018-29 A Resolution of the Common Council of the City of Evansville, Indiana, Approving the Issuance of Bonds of the City of Evansville Redevelopment District, and Related Matters Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 9/24/2018 Notify: Nick Cirignano, ZSWS
C-2018-29 Attachment:
F. RESOLUTION C-2018-30 A Resolution of the Common Council of Evansville, Indiana, Authorizing Affordable Housing Funds For Aurora, Inc. Housing Vouchers in the City of Evansville, Indiana in an Amount Not To Exceed Fifty Thousand Dollars ($50,000) Sponsor(s): Weaver
C-2018-30 Attachment:
IX. MISCELLANEOUS BUSINESS

 

A. THE NEXT MEETING of the Common Council will be Monday, October 8, 2018 at 5:30 p.m.
B. TAX PHASE-IN COMPLIANCE REPORTS:  Andrea Lendy, Growth Alliance
C. DISCUSSION ON ORDINANCE F-2018-03 (An Ordinance Regarding City of Evansville Funds Allocated To Echo Housing Corp.)
D. ADDITIONAL MISCELLANEOUS BUSINESS
X. COMMITTEE REPORTS

 

XI. ADJOURNMENT

Abuse And Neglect Claimed The Lives Of 59 Children In Indiana

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Abuse And Neglect Claimed The Lives Of 59 Children In Indiana

By Dionte Coleman
TheStatehouseFile.com

INDIANAPOLIS—Fifty-nine children, some as young as one month old, died as the result of abuse or neglect in 2016, the Indiana Department of Child Services reported Wednesday.

The annual Child Fatality Report, which covers July 1, 2015, through June 30, 2016, records the stories of children, many of whom died at the hands of people responsible for their care. The numbers are down from 77 children who died in the previous fiscal year.

Of the fatalities chronicled in the report, 24 children died as a result of abuse, most under age 3, and 35 youngsters died as the result of neglect. Page after page of the report describes the circumstances that claimed the lives of the children

Of the deaths, 25 were determined to be accidents, 24 were declared homicides, four died of natural causes and six causes of death were undetermined.

The reports show that parents were most likely to be held responsible, whether through abuse or neglect, though there were several cases where a babysitter or caregiver caused the child’s death.

And many of the children died as a result of head trauma, like the case of a 3-year-old child who was being watched by the father’s live-in girlfriend. The child became unresponsive and the girlfriend told doctors that injury resulted from the youngster hitting his head on a fish tank.

Investigators determined the toddler was the victim of chronic abuse and was malnourished. The girlfriend was charged with murder, pleaded guilty and was sentenced to 67 years in prison.

As the report was being released, officials of DCS appeared before the Interim Study Committee on Courts and the Judiciary at the Statehouse to discuss how the agency will implement changes recommended by an outside agency earlier this year.

Part of the discussion with DCS Director Terry Stigdon and Associate Director Todd Meyer centered on how much time caseworkers should have to respond to a report that a child might be in danger.

“Whether it’s four minutes or one hour, we want to make sure that the situation is solved,” Stigdon told the panel of lawmakers, judges, and others.

Currently, the DCS must respond to a report that a child is being abused and is in danger within 24 hours. However, DCS recommended that they shorten that window, Meyer said.

Under the new regulation proposed by DCS, the caseworker would have to call law enforcement immediately if the child is in a dangerous situation. However, the caseworker would then have up to four hours to file an administrative report for the DCS to come up with a resolution.

That does not mean that if a parent is unable to financially support for the child at the time that the child is in imminent danger, Meyer noted.

“We believe that as an agency what we are trying to highlight to the people of Indiana, for you all the General Assembly to consider is that, parents should not have to live in fear of losing their children solely because they are poor,” Meyer said.

Committee members expressed their support for Stigdon, who has been on the job for eight months.

“I appreciate so much, your willingness to step in this role and come over from Riley to take this on,” said state Rep. Thomas Washburne, R-Darmstadt. “And I think everyone in this legislature wants you to succeed, and we want to help you.”

FOOTNOTE: Dionte Coleman is a reporter for TheStatehouseFile.com, a news website powered by Franklin College.

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A Fighting Spirit Gets My Vote!

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A Fighting Spirit Gets My Vote!
by Gail Riecken, City-County Observer Statehouse Editor
When I first read John Krull’s September 17 article about political candidates and his objection to their saying “ I will fight for you”, I couldn’t imagine why he had such difficulty with the phrase.
Now I realize that Krull was really talking about the importance of civility when politicians work toward a solution. He thinks saying to the public “I will work for you” to get their support is a better phrase and should be the right relationship between politicians and their constituents.
I think the work “fight” is exactly what politicians should do – or any or us who have a passion and even anger about a issue. Constituents need to know they have someone in their corner. You can still be civil.
Krull’s article made me think of an interview that Bill Moyers had with Barbara Tuchman, noted historian (1912-1989). It is reported in his book,  A World of Ideas (published May, 1989).
“Moyers to Tuchman:  You asked a rousing series of questions not long ago: Where’s the anger that ought to have met the deaths of two hundred and forty-one U. S. Marines through the incompetence of their superiors? Where’s the anger over the thirty-seven deaths on the USS Stark through official negligence?
Where’s the outrage over disclosure of misconduct and incompetence revealed in the Iran-Contra scandal?And I could add to that list-where’s the outrage over the swindling by the defense industry? What’s happened to the outrage?
“Tuchman:  Mr. Moyers, I don’t know what’s happened to it, except that some how people don’t take wrongdoing seriously. Perhaps there’s just too much of it. We’re not surprised any more. We’re just used to it.”
Just used to it. Desensitized.
Maybe that’s why there is a lack of anger over so many things happening around us – like the alleged sexual assault of Christine Blakey Ford by Judge Brett Kavanaugh or the CCO story of the City’s financial crisis or that so many young Hoosiers were left out of the IU Medical Center project yet Evansville taxpayers are paying for it or so many infants are dying or too many children are the victims of their parents drug habits.
In Barbara Tuchman’s words, we just must be used to it.
Well, it seems to me we could use a little fighting spirit around here.

Jean Webb Candidate For Evansville-Vanderburgh School Corporation (EVSC) School Board

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Jean Webb Candidate For EVSC SCHOOL BOARD

My name is Jean Webb, and I’m running for Evansville-Vanderburgh School Corporation (EVSC) School Board.  I’m a long-time Evansville resident, a former EVSC student, former EVSC mom, and current EVSC grandmother. The Evansville Teacher’s Association has endorsed my candidacy.

 I’m retired from 30+ years in Pharmaceutical Operations. I was employed by Bristol-Myers Squibb in Evansville (27 years), and then I worked on a contract basis at Johnson & Johnson in Pennsylvania, and both Bristol-Myers Squibb and AstraZeneca in Mount Vernon, IN. I hold a B.S. from the University of Evansville, cum laude, 1991 with a major in Chemistry/Business Administration.

The initial desire to run was a result of my family being negatively impacted by changes in EVSC.   My granddaughter enrolled in Hebron in 2013 as a kindergartner. The school had an “A “grade from the state when she enrolled, and it was the same school her mother had attended. By the time she was a third grader in 2017, that grade had fallen to a “D”. Grades might not define a school, and I really like her teacher this year, but this was a wake-up call for me.

After checking out Hebron’s grades, I looked at the grades and student test scores of all our schools. I was struck by how other schools near me, schools that were once great schools, are struggling. Allowing the decline of these schools is almost begging parents to take a voucher and go elsewhere, but we’re not going anywhere. We ‘re going to stay put and work to get a public school system that works for everyone regardless of their zip code.

The disparity between schools within EVSC is too great, not only in achievement gaps, but in supplies, amenities, building maintenance, and even curriculum. 

I’d like to see our resources used in reducing those disparities, and that will require a change in priority in how our money is spent.

In the past few years, EVSC has failed to operate within its available funds. They have had to issue General Obligation (GO) bonds, reducing the funds available for future students. This concerns me. 

  • $5 million GO bond issued 2015, retire 1/15/2020. 
  • $6 million GO bond issued 2016, retired 1/15/2021. 
  • $6 million GO bond issued 2017, retired 1/15/2022.

On August 13th the EVSC School Board approved a preliminary bond hearing for a $5 million GO Bond to be issued in 2018. This worries me a great deal. Especially since these 2018 bonds are authorized to have a 7-year duration instead of 5 years. Continuing to run a school corporation by borrowing each year is not sustainable. Is there a plan for running EVSC without snowballing debt?

EVSC is also obligated to make escalating payments on a $6.4 million Energy Savings Contract with Vectren’s ESG subsidiary. The $6.4 million was spent on energy-efficient equipment, construction management, and commissioning at the McCutchanville School. There has been heavy press coverage about how the McCutchanville School was built without debt or a tax increase.  I find that claim perhaps truthful, but misleading.

In light of this inability to go a year without adding debt, should EVSC have bought a 135-acre golf course for $3.37 million?  This land is right near the three newest schools that were built with only 80 acres. Disparity. That’s the issue.

These are the questions I want to ask if elected to the Evansville Vanderburgh School Corporation School Board. Please vote for me so I can help bring our schools closer to meeting the EVSC motto: Equality and Excellence for All Students.

New Haven City Court Judge Faces Discipline

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Dave Stafford for www.theindianalawyer.com

A northern Indiana city court judge was charged with four counts of judicial misconduct Friday for improperly assuming the duties of a prosecutor and wrongly approving infraction deferrals for juveniles.

The Indiana Supreme Court on Friday spelled out the charges against New Haven City Court Judge Geoffrey L . Robison, who has served in that capacity since 2000, before which he was chief of the police department in the Allen County city.

According to the statement of charges, Robison filed and processed infraction tickets without prosecutor approval, improperly used the prosecutor’s signature stamp to execute deferral agreements on infractions, and improperly placed 67 juveniles into an infraction deferral program.

“By permitting individuals under the age of 18 who had been charged with moving violations and other infractions which made them ineligible for a deferred resolution to enter into Infraction Deferral Program agreements, Respondent violated I.C. § 34-28-5-1(f),” the charges state.

The charges largely stem from actions Robison took after spring 2015, when Allen County Prosecutor Karen Richards learned it was unethical to have court staff perform the duties of the prosecutor, such as using her stamp to execute infraction deferrals, as had been done since she became prosecutor in 2003.

In April 2015, Richards told Robison the prosecutor’s office would no longer authorize the filing of charges in the city court and that any infraction tickets or ordinance violations filed by police should be returned to the officer for filing in Allen Superior Court.  “Despite Prosecutor Richards’ directive … (Robison) permitted state infraction tickets to be filed and processed in New Haven City Court from April 15, 2015 through May 22, 2017,” the charges say, continuing to use Richards’ prosecutor office stamp. According to the charges, at least 1,837 infraction cases were filed from mid-2015 to 2018, and none were venued or transferred to Allen Superior Court.
In 2017, Richards notified Robison that he needed to dismiss any cases in which a juvenile had been given a deferral, cases in which defendants had been paying fines without an adjudication, and transfer any pending case without an adjudication not in a deferral program to Allen Superior. Robison, the charges say, “dismissed the cases identified but noted on the record that the dismissals were upon petition by the prosecuting attorney. No such petitions had been filed.
The Commission on Judicial Qualifications charged Robison with four counts. The counts each allege multiple violations of the Code of Judicial Conduct including those requiring a judge to comply with the law; act in a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary; uphold the law fairly and impartially; and act in a manner not prejudicial to the administration of justice.
The commission asks the Supreme Court to appoint a panel of three special masters to conduct a public hearing on the judicial misconduct charge and impose an appropriate sanction.

Termination Of Ex’s House Payment Obligation Reversed

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IL for www.theindianalawyer.com

The Indiana Court of Appeals reversed a decision that found an “ambiguous” dissolution settlement agreement made no indication as to the father’s child support obligations and that his payments for a mortgage and car would supplement them.

In their 2008 marriage dissolution, Tamera Copple and Huel Swindle incorporated a settlement agreement in which the parties agreed that Swindle would “be solely responsible for the payments on the party’s marital residence including taxes and insurance until such time as the house is paid off.”

The agreement also held that the house payments would be coupled with the obligation on a 2006 Impala “in lieu of child support and be part of the distribution of property.”

In early 2017, the younger child, then 22 years old, married, and Swindle stopped making his payments on the marital residence. Copple filed a motion for Rule to Show Cause alleging Swindle had failed to make the February mortgage payment. Swindle argued his obligation to pay should be terminated and filed a petition for modification alleging the marital residence payments constituted child support and the minor children were both “emancipated as a matter of law.”

The Johnson Superior Court found that the settlement agreement failed to establish a child support amount, making it ambiguous and unenforceable. The trial court then terminated Swindle’s obligation to make any further payments, but the Indiana Court of Appeals reversed in a Friday ruling.

Appellate judges found the trial court’s finding that the debt obligation equated to child support was in error and obligated to both child support and property distribution.

“The trial court’s order misstated the decree when it found the decree made ‘no indication as to [Father’s] child support obligation, only that his paying the debt on the marital residence and the 2006 Chevy Impala ‘shall be in lieu of child support,’” Judge Melissa May wrote for court. “The decree actually indicated the residence payments and the payments on the vehicle were to ‘be in lieu of child support and be part of the distribution of property.”

In its determination, the appellate court noted that while Swindle’s obligation to pay child support was modifiable by statute, any payment pursuant to property distribution was not.

Additionally, while Swindle’s payments were indeed categorized ambiguously, “the duration of the payment was unequivocal” and “ascertainable at the time the agreement was made in 2008.”

“Therefore, payments Father was ordered to make on the marital residence are an agreement on property division and not child support and, thus, not modifiable without a showing of fraud, duress, or undue influence,” May concluded.

The appellate court also ordered the trial court to reconsider on remand the award of attorney fees to Copple, as well as remand its determination that Swindle was not in contempt by failing to make the payments required by his property settlement agreement.

The case is Tamara Jean (Swindle) Copple v. Huel Dwayne Swindle, 41A01-1710-DR-2471.

 

 

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VANDERBURGH COUNTY FELONY CHARGES

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 Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.

Rachael Feazell: Unlawful possession of syringe (Level 6 Felony), False informing (Class B misdemeanor)

Joshua Shane Curtis: Auto theft (Level 6 Felony)

Gene Michael Hoover: Possession of methamphetamine (Level 6 Felony), Resisting law enforcement (Class A misdemeanor), Possession of paraphernalia (Class C misdemeanor)

Lajuan K. Johnson: Intimidation (Level 6 Felony), Criminal trespass (Class A misdemeanor)

Billy Franklin Nelson II: Unlawful possession of syringe (Level 6 Felony), Possession of methamphetamine (Level 6 Felony), Possession of paraphernalia (Class C misdemeanor)

Norman Lee Schmidt: Unlawful possession or use of a legend drug (Level 6 Felony), Unlawful possession or use of a legend drug (Level 6 Felony), Possession of a controlled substance (Class A misdemeanor)

Devon Patrick Smith: Neglect of a dependent (Level 6 Felony)

Jackie Duge: Possession of cocaine (Level 6 Felony), Visiting a common nuisance – alcohol (Class B misdemeanor), Possession of paraphernalia (Class C misdemeanor)

Stacey Lynn Burton: Possession of methamphetamine (Level 6 Felony), Operating a motor vehicle without ever receiving a license (Class C misdemeanor)

Alyssa E. Alderson-Like: Unlawful possession or use of a legend drug (Level 6 Felony)

Kristina Dawn Diekmann: Battery against a public safety official (Level 6 Felony), Battery against a public safety official (Level 6 Felony)

John Garickson Marceus: Strangulation (Level 6 Felony), Criminal confinement (Level 5 Felony), Domestic battery (Class A misdemeanor), Interference with the reporting of a crime (Class A misdemeanor)

Amber L. Johnson: Domestic battery (Level 6 Felony)

Marcus Anthony Osborne: Operating a vehicle while intoxicated (Level 6 Felony)

Robert Dell Strahl: Domestic battery (Level 6 Felony), Domestic battery (Class A misdemeanor)

Tasheem S. Belle: Carrying a handgun without a license (Level 5 Felony), Operating a vehicle while intoxicated (Class C misdemeanor)

Daniel Kyree Waddell: Theft of a firearm (Level 6 Felony), Intimidation (Level 6 Felony)

John Cleveland Welker: Intimidation (Level 6 Felony), Intimidation (Level 6 Felony), Public intoxication (Class B misdemeanor), Public intoxication (Class B misdemeanor)

Keith Wiles: Theft (Level 6 Felony)

Jennifer Lynn Wiles: Theft (Level 6 Felony)

Emanuel M. Williams-Jackson: Possession of methamphetamine (Level 6 Felony), Carrying a handgun without a license (Class A misdemeanor), Possession of paraphernalia (Class C misdemeanor)

James Eric Webster: Resisting law enforcement (Level 6 Felony), False informing (Class B misdemeanor)

Pamela Sue Day: Theft (Level 6 Felony)

Adopt A Pet

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Beverly is an adult female calico cat! She is affectionate and friendly to her human visitors. She was not a huge fan of living with 30+ other cats in the Cageless Cat Lounge, but would likely be fine with one or two other felines. Her adoption fee is $40 and includes her spay, microchip, vaccines, and more. Contact Vanderburgh Humane at (812) 426-2563 for details!