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Vanderburgh County Board of Commissioners Meeting

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civic center

Agenda for the Vanderburgh County Board of Commissioners

October 2, 2018, at 3:00 pm in Room 301

  1. Call to Order
  2. Attendance
  3. Pledge of Allegiance
  4. Permission to Open Bids for VC18-09-01: Concrete Repairs in Deerfield & William Wortman Subdivisions
  5. Action Items 
    1. Economic Development Presentation by Tara Barney from the Chamber of Commerce
    2. Burkhardt T.I.F. Road and Path Development Presentation 
    3. University Parkway Corridor Plan and Overlay Zone Draft Presentation
    4. First & Final Reading of Ordinance CO.10-18-017: Establishing a County Litter Clean-Up Expense Fund
    5. First Reading of Ordinance CO.10-18-018: Broadband Ready Community
    6. Permission to Advertise 2018 General Election Vote Center & Early Voting Locations Legal Ad 
  6. Department Head Reports
  7. New Business
  8. Old Business
  9. Consent Items
    1. Contracts, Agreements and Leases
      1. Computer Services: Technology Geographic Information Renewal Flyover Contract with the State of Indiana
      2. County Health:
        1. Peer Counselor Contract with Abihail Hernandez
        2. Renewal Water Testing Contract with DNR/Lincoln State Park
        3. Assistant Emergency Preparedness Coordinator Contract
        4. Women Infant Child Grant Contract 
        5. Community Development Block Grant for Disaster Relief and Restoration of Infrastructure
        6. Lead Hazard Reduction Grant with the Indiana Housing & Community Development Authority
      3. Superintendent of County Buildings: Old Courthouse Leases with Vanderburgh County Drug and Alcohol Deferral Services for Suite B5, B6, B7 & B7A
    2. Approval of September 18, 2018 Meeting Minutes
    3. Employment Changes 
    4. Surplus Request:
      1. County Assessor a Desktop 
      2. Treatment Court a Vehicle 
    5. Weights and Measures: August 16–September 15, 2018 Monthly Report 
    6. Old National Events Plaza Waiver of Fees:
      1. County Clerk for the Poll Worker Training for the 2018 General Election 
      2. Health Department for the Blood Drive on November 29, 2018 
    7. County Engineering:
      1. Department Report 
      2. Pay Request #46 U.S. 41 Expansion T.I.F. for the sum of $13,321.37
      3. Claims 
    8. County Commissioners: 
      1. Request for Repeal of Funds Extra Help 
      2. Travel Request
    9. Road Closure Request: Windemere Farms HOA Fall Chili Tasting Social on October 12, 2018 
    10. County Auditor: 9/17/18-9/21/18 & 9/24/18-9/28/18 Claims Voucher Report 
    11. County Treasurer: August 2018 Monthly Report 
  10. Public Comment
  11. Adjournment

Indiana Online Sales Tax Takes Effect

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Indiana Online Sales Tax Takes Effect

OCTOBER 1ST, 2018 JEFF GOLDBERG EVANSVILLE, ILLINOIS, INDIANA, KENTUCKY

Online shoppers beware: the next time you fill up the virtual shopping cart, it may be a bit heavier than normal.

As of October 1st, Indiana is one of ten states implementing an online sales tax for certain purchases. For the 7% sales tax to take effect, online retailers must do at least $100,000 worth of online business with Indiana customers or 200 individual online transactions in Indiana.

The move to start regulating online sales like normal sales started this summer after the Supreme Court decided on South Dakota v. Wayfair. That case overturned Quill Corp. v. North Dakota. Quill made it so direct catalog mailing companies had to do transactions in the state they were located in to collect sales tax. Wayfair completely overrides that Quill decision from 1992; making it so online retailers can now charge sales tax even if they don’t have a physical location in the state they’re doing business.

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UE Athletics Hall of Fame Announces Latest Class

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Three National Championship men’s basketball teams will be entering the University of Evansville Athletics Hall of Fame in January of 2019.  Included in the class are the teams from 1959-60, 1963-64 and 1970-71.  The 1958-59 and 1964-65 championship squads were previously inducted into the hall.

These three teams will be honored in a banquet on Saturday, January 19, 2019 inside the main ballroom of the DoubleTree Hotel, which is adjacent to the Ford Center.  The event is slated to take place following the Purple Aces men’s basketball game against Illinois State that afternoon.  UE takes on the Redbirds at 1 p.m. inside the Ford Center with the Hall of Fame banquet taking place following the game.  A cash bar will be available inside the DoubleTree immediately following the game, giving inductees and fans the opportunity to interact.

Dinner will be served at 4:15 p.m. with the festivities beginning at 5 p.m.  Cost for the banquet and dinner is $50 and fans can register immediately by clicking the registration link above.

Just a year after winning the first National Championship in school history, the 1959-60 team made it 2-for-2, going 25-4 on their way to the championship.  After dropping the season opener to Iowa, the team won 10 in a row including wins over Valparaiso and Fresno State.  In the season finale, the Aces defeated Chapman by a final score of 90-69 to earn its second championship.

Members of the 1959-60 team included: Tom Boyles, Walter Deal, Larry Erwin, Vince Gwaltney, Tom Hamilton, Mel Lurker, Tom Mulherin, Jim Nossett, Ken Reising, Bob Reisinger, P.M. Sanders, Ed Smallwood, Bill Thurneck and Dale Wise.  Smallwood paced the team with 26.1 points and 12.0 rebounds.  Wise added a team-high 17.1 rebounds.

Evansville made its return to the championship stage in 1964 as the team went 26-3 with triumphs over New Mexico State, Arizona and Purdue.  The team rolled through the NCAA Tournament, with its closest game being a 64-59 win over Southern Illinois in the second round.  UE clinched the championship on March 13, 1964, defeating Akron, 72-59.

The 1963-64 team members were: Wayne Boultinghouse, Buster Briley, Paul Bullard, Dave Cox, Larry Denton, Ed Coleman, Ron Eberhard, Dave Green, Russ Grieger, Robert Hermeyer, Larry Humes, Larry Isley, Allen McCutchan, Jerry Sloan, Jim Smith, Sam Watkins and Ed Zausch.  Smith was the leading scorer with 15.8 points while Sloan (13.9) and Briley (13.5) were just behind.  Sloan paced the team with 11.6 caroms per contest.

Evansville’s final College Division National Championship came in 1971.  The Aces started the year 4-5, but went on to win 18 of the final 21 games including a 97-82 victory over Old Dominion in the finals to clinch the school’s fifth championship.

Team members were: Don Buse, Bob Clayton, John Clayton, Rick Coffey, John Couch, Peter Hughes, Curt John, Bob Keegan, Mike Kern, Greg Martin, James McKissic, Herman Oliver, Dan Paddock, Chaundice Pullom, Rick Smith, Monte Stebbins, Tyrone Towler, John Wellemeyer and Steve Welmer.  Wellemeyer led the way with 19.8 points while Buse notched 18.2.  Clayton was the top rebounder with 6.7 per game.

All three teams were led by Hall of Fame head coach Arad McCutchan.  Paul Beck and Ray Bawel were assistants in 1959-60, Tom O’Brien was an assistant in 1963-64 and Wayne Boultinghouse was the assistant in 1971.

 

Evansville Officer Gives Himself Narcan After Contact With Heroin

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Evansville Officer Gives Himself Narcan After Contact With Heroin

OCTOBER 1ST, 2018 MEGAN DIVENTI EVANSVILLE, INDIANA

An Evansville police officer receives a life-saving dose of Narcan after coming in contact with heroin. Officers responded to a hit-and-run crash at the intersection of St. Joseph Avenue and Maryland Street.

According to the affidavit, witnesses reported Richard Dillard sped away, honked his horn, and waved as he drove off. Off duty K9 handler, Sergeant John Montgomery, stopped Richard Dillard at the intersection of Wabash Avenue and Columbia Street.

While authorities were searching his car, they found several narcotics. After coming into contact, the officer had a bad reaction and gave himself Narcan.

Officials say this doesn’t happen very often.

“It’s very rare,” says Sgt. Jason Cullum, Evansville Police Department. “For the Fetanyl to really take affect you have to have a pretty direct exposure. We’ve been fortunate that we have not had that happen where we have had a direct exposure and we have had officers lose consciousness or anything, but we do have at least two documented cases now where I know that an officer self-administered Narcan as a precaution.”

Evansville Police say it’s still uncertain if Fetanyl was mixed with the Heroin.

Sergeant Montgomery went to an emergency room after and was released. Dillard was arrested and faces a number of charges including hit-and-run and drug possession.

OCTOBER 1ST, 2018 MEGAN DIVENTI EVANSVILLE, INDIANA

An Evansville police officer receives a life-saving dose of Narcan after coming in contact with heroin. Officers responded to a hit-and-run crash at the intersection of St. Joseph Avenue and Maryland Street.

According to the affidavit, witnesses reported Richard Dillard sped away, honked his horn, and waved as he drove off. Off duty K9 handler, Sergeant John Montgomery, stopped Richard Dillard at the intersection of Wabash Avenue and Columbia Street.

While authorities were searching his car, they found several narcotics. After coming into contact, the officer had a bad reaction and gave himself Narcan.

Officials say this doesn’t happen very often.

“It’s very rare,” says Sgt. Jason Cullum, Evansville Police Department. “For the Fetanyl to really take affect you have to have a pretty direct exposure. We’ve been fortunate that we have not had that happen where we have had a direct exposure and we have had officers lose consciousness or anything, but we do have at least two documented cases now where I know that an officer self-administered Narcan as a precaution.”

Evansville Police say it’s still uncertain if Fetanyl was mixed with the Heroin.

Sergeant Montgomery went to an emergency room after and was released. Dillard was arrested and faces a number of charges including hit-and-run and drug possession.

Food Inspection Report For Vanderburgh County

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Food Inspection Reports 9-27-2018 (1)

This Week at USI

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2 p.m. Thursday, October 4

Hoosier writer to hold free reading as part of Southern Indiana Reading Series

Michael Martone, an award-winning writer and native Hoosier, will hold a reading at 2 p.m. Thursday, October 4 in Robert C. Roeder ’71 Traditions Lounge located in University Center on the USI campus. The reading, part of the 2018 Southern Indiana Reading Series, is free and open to the public. More Information

2 p.m. Thursday, October 4

Du Bois to give presentation on history of Emily Orr

Janis Du Bois, adjunct instructor of political science, will present “”Emily Orr, An Evansville Woman with Global Connections” at 2 p.m. Thursday, October 4 in Kleymeyer Hall on the lower level of the Liberal Arts Center. This presentation is part of the College of Liberal Arts Global Salon series and is free and open to the public. More Information

Exhibit open through Friday, September 26

Trio of exhibits, artist-in-residence to continue anniversary season for McCutchan Art Center/Pace Gallieries

The McCutchan Art Center/Pace Galleries continues its 10th anniversary celebration, with Past, Present. Future, a combination of three exhibits on display from Monday, September 17 through Friday, October 26. Two of the three exhibits will highlight the history of the McCutchan Art Center/Pace Galleries and of the works within the University Art Collection.The third exhibit will feature Kevin Titzer ’97, who received a bachelor’s degree in art from USI, as the first-ever artist-in-residence sponsored by the USI Art and Design Department. Read More

 

STUDENT EVENTS

A collection of events on campus and in the community sponsored by USI student organizations

can be found on the USI events calendar by clicking here.

Wednesday, October 10 – Friday, October 12

New Harmony to host contemporary Spanish theatrical productions as part of international conference

The University of Southern Indiana will host productions of several plays from the contemporary theater of Spain from Wednesday, October 12 through Friday, October 14 in various locations throughout historic New Harmony, Indiana. All performances will be free and open to the public as space permits. These performances are part of the inaugural New Harmony International Conference on Contemporary Spanish Theater, a three-day scholarly conference combining paper presentations and theatrical performances produced by local, regional, national, and international participants. Read More

Festival to be held at 11 a.m. Saturday, October 27

Fifth annual Global Crossroads Festival soliciting vendors

The University of Southern Indiana and Historic New Harmony will host the annual Global Crossroads Festival at 11 a.m. Saturday, October 27 in Ribeyre Gymnasium in New Harmony and is soliciting interested vendors who can bring cultural elements to a festival setting. Vendors can expect about 1,000 customers/visitors to this family-friendly event. To ensure the best experience possible, vendors selling food or goods are required to pay a nominal fee to reserve a spot ($15 to $35 depending on space requested). Vendors interested in participating can find the application on the USI website at USI.edu/GlobalCrossroads.

Saturday, November 3

Registration now open for the 17th annual Norwegian Foot March

Registration is now open for the 17th annual University of Southern Indiana Norwegian Foot March on Saturday, November 3. The march, an intense mental and physical challenge, will take participants 18.6 miles through the rolling hills of Evansville’s west side. Carrying a 25-pound rucksack, participants will begin and end on the USI campus, working to make it back to the finish line in under four and a half hours. ROTC cadets, soldiers and veterans, as well as civilians, may register individually or as part of a four-member team. Registration can be completed online or by calling USI Outreach and Engagement at 812-464-1989. Early registration is recommended, as the event sells out quickly. ROTC cadets from any school can register for $25 and all other participants can register for $45. Registration will close on October 15 or when the event is full at 500 participants. The Norwegian Foot March is sponsored by USI’s Student Veteran Association. Proceeds from the foot march enhance the training of the students in the USI ROTC Program. Funds are used to cover costs associated with training, travel, team development and additional equipment. Read More

Applications available today through December 7, 2018

USI SeaPerch Sponsorship

The University of Southern Indiana’s Pott College of Science, Engineering, and Education and the SwISTEM Resource Center are offering a SeaPerch Sponsorship Program for up to ten (10) SeaPerch teams. Schools and organizations in southwestern Indiana, southeastern Illinois, and western Kentucky that are facing financial hardship in purchasing materials to participate in the SeaPerch Program are encouraged to apply.  This program will supply one SeaPerch kit per team ($179) and a USI Regional SeaPerch Challenge registration fee waiver ($50). Priority will be given to new SeaPerch coaches/teams but that should not keep seasoned teams from applying.  Teams must commit to competition in the 2019 USI SeaPerch Challenge.  The deadline to apply is December 7, 2018.  Awardees will be notified on December 14, 2018.  Click here for a link to the application form. More information about the SeaPerch Program can be found at SeaPerch.org.

 

Exclusive Presale Offer For Christmas Wonderland Holiday Spectacular!

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Coming December 13

EXCLUSIVE PRESALE
OFFER
Monday, Oct. 1 thru
Thursday, Oct. 4

Chritmas Wonderland Holiday Spectacular is quite simply one of the most delightful and enchanting Christmas shows ever, featuring glittering costumes, a dazzling cast and the highest kicking chorus girls this side of the North Pole.

Start Christmas in style as Santa and his merry helpers take you on an unforgettable nostalgic journey. Holiday favorite songs include; ‘White Christmas,’ ‘Winter Wonderland,’ ‘Have Yourself a Merry Little Christmas,’ ‘Chestnuts Roasting,’ ‘Jingle Bells,’ ‘Away in a Manger,’ ‘O Come All Ye Faithful,’ ‘Let it Snow,’ ‘Silent Night,’ ‘Hark the Herald Angels Sing,’ ‘Deck The Halls,’ ‘Rockin’ Around the Christmas Tree,’ ‘O Holy Night,’ and many more….

CHRISTMAS WONDERLAND is pure holiday magic – with enough fun and festive cheer to power all the Christmas lights in town!

To see a sneak peek of the show click here:
https://bit.ly/2NNiN3x

Use passcode:
BROADWAY

Tickets go on sale to the general public on Friday, October
5 at 10am and can be purchased at our Box Office, at
1-800-745-3000 or online at Ticketmaster.com

Rickey, Faas sweep GLVC weekly awards

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University of Southern Indiana men’s soccer junior midfielder Sean Rickey(Columbia, Illinois) and sophomore goalkeeper Justin Faas (Carmel, Indiana) swept the Great Lakes Valley Conference Player of the Week awards for their efforts in the Screaming Eagles’ wins over the University of Illinois-Springfield and McKendree University last week.

Rickey earned the GLVC Offensive Player of the Week honor after posting six points on one goal and four assists in the two matches. He started the week with a goal and two assists in the 3-0 victory over Illinois Springfield and concluded with two assists in the 2-1 win over McKendree that propelled the Eagles into sole possession of first in the conference.

For the season, Rickey leads the Eagles with 21 points on a team-high eight goals and five assists. The junior midfielder also has a team-high three game-winning goals, in addition of assisting on both game-winning goals last week. The Offensive Player of the Week award is the first of Rickey’s career and the first by an Eagle since Kasper Bjoro in 2015.

Faas allowed one goal in 180 minutes of action, posting a 0.50 goals against average (GAA) in the two matches. He also made 12 saves, including a career-high seven in the win over Illinois Springfield before finishing the week with five saves and allowing a goal at McKendree.

This fall, Faas has a 0.91 GAA and allowed eight goals in nine matches and 794 minutes of action. He also has a career-high 29 total saves and four shutouts this year. The Defensive Player of the Week award is the first of Faas’ career and the first by an Eagle since Adam Zehme in 2016.

Rickey, Faas, and USI continue their three-match road-swing Friday when they visit Quincy University Friday at 7:30 p.m. Following a quick trip to the University of Indianapolis Sunday to conclude the road swing, the Eagles return to Strassweg Field to start a four-match homestand to conclude the 2018 regular season.

ADOPT A PET

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Bluski is a male Lab/Shepherd mix who’s just over a year old! He is definitely still a puppy and could use some help learning how to be a gentleman. He’s exuberant and plays hardcore, so VHS recommends him for a home with kids around age 6 or older. His adoption fee is $110 and includes his neuter, microchip, vaccines, and more. Contact Vanderburgh Humane at (812) 426-2563 for adoption details!

COA reverses default ruling against race horse veterinarian

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Katie Stancombe for www.theindianalawyer.com

The Indiana Court of Appeals reversed a decision that found a Hoosier racehorse veterinarian in default without a hearing in a disciplinary action against him by Indiana Horse Racing Commission.

Joseph Baliga is a licensed veterinarian who specializes in the care and treatment of racehorses. While working at Anderson Hoosier Park in September 2016, a security officer reported that he had seen Baliga give a banned substance to a horse.

Baliga faced two disciplinary proceedings by the Indiana Horse Racing Commission — under 71 I.A.C. 10-2, initiated by and conducted by on-site judges at the track, and under 71 I.A.C. 10-3, a separate disciplinary proceeding initiated by the IHRC and its executive director.

Baliga’s license was temporarily suspended by the IHRC until the merits of the case were heard. During a disciplinary hearing conducted by IHRC judges on Oct. 31, 2016, the presiding judge stated, “[W]e should hurry along. We should do what we can to get this case heard on the merits.” However, no further hearing on the merits was scheduled.

An “administrative complaint” was then filed against Baliga by the IHRC executive director, proposing a five-year suspension of Baliga’s IHRC license and a $20,000 fine. The complaint stated he had 20 days to make a written request for a hearing.

Baliga filed an appeal of his temporary suspension with the IHRC but did not make a separate request for a hearing on the administrative complaint under the assumption that there would be a hearing on the merits of the case, for which Baliga’s attorney believed a further request for a hearing was unnecessary.

Six days after the deadline had passed, an administrative law judge ultimately found Baliga in default and the IHRC affirmed the ALJ’s order in full. Baliga petitioned the Madison Circuit Court to reverse the IHRC’s finding of default and to remand the matter to the commission for a hearing on the merits but was denied.

On appeal, Baliga contended that the ALJ and the IHRC should not have found him in default and that the trial court erred in denying his petition. The appellate court agreed, rejecting the IHRC’s claim that its entry of default could not be challenged and reversing the trial court’s decision in Joseph Baliga, DVM v. Indiana Horse Racing Commission, Indiana Horse Racing Commission Staff, 17A-MI-3009.

In its decision, the appellate court found the IHRC did not cite any authority to support its position that an agency’s finding of default was non-reviewable under Ind. Code § 4-21.5-5-14(d) and found “no reason why such an action should be immune from judicial review.”

It also found fault with the IHRC’s reliance on 71 I.A.C. 10-3-20, noting that the “seemingly clear line” between its two disciplinary proceedings was “significantly blurred from the very beginning.”

“The Hoosier Park judges, instead of setting a date for a disciplinary hearing under 71 I.A.C. 10-2, stated that the matter ‘will be referred to the Executive Director of the Indiana Horse Racing Commission for further action,’” Chief Judge Nancy Vaidik wrote for the court. “The ruling did not say whether this ‘further action’ would occur in the Hoosier Park proceeding under 71 I.A.C. 10-2 — regulations that do not contemplate a role for the executive director — or in a separate IHRC proceeding under 71 I.A.C. 10-3.”

The appellate court also found that confusion ensued when testimony from the executive director determined the IHRC was still investigating and considering whether to take further action, although on-site judges could take disciplinary action regardless.

Lastly, it noted that the judges left the ball in the IHRC’s court when failing to schedule a hearing for the case’s merits.

“Taken together, these events created the distinct impression that the Hoosier Park disciplinary proceeding and any IHRC disciplinary proceeding would, for all intents and purposes, be consolidated,” Vaidik concluded. “As such, they should not be faulted — or defaulted — for thinking that another hearing request was unnecessary.”

The case was reversed and remanded to the IHRC for a hearing on the merits.

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