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Vanderburgh County Commissioners to Hold Road Hearing 

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The Board of Commissioners of Vanderburgh County will conduct its annual road hearing on Wednesday February 28 from 11a.m- 1p.m. in Central Library Browning Room A located at 200 SE Martin Luther King Blvd.

In addition to hearing specific road concerns from citizens, American Structurepoint, Inc. will present a Capital Improvement Plan and Program (CIPP) for Vanderburgh County roads.  The purpose of the CIPP was to identify transportation improvement needs for county roadways for the next 20 years.

The Vanderburgh County Highway Superintendent and the Vanderburgh County Engineer will also be on hand to address questions related to county road projects.

Residents who wish to address specific road concerns can contact the Vanderburgh County Commissioners’ office at 812.435.5241 between the hours of 8 a.m. and 4:30 p.m.

Residents may also email their concerns and suggestions to: commissioners@vanderburghgov.org.

2nd Circuit joins 7th in extending Title VII protections

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Marilyn Odendahl forwww.theindianalawyer.com

About 11 months after the 7th Circuit Court of Appeals issued its landmark ruling which found Title VII does prohibit discrimination based on sexual orientation, the 2nd Circuit Court of Appeals has reached the same conclusion.

The ruling issued today from the full 2nd Circuit in Zarda v. Altitude Express, Inc., 15-3775, is the second circuit court decision toppling precedent and finding Title VII of the Civil Rights Act of 1964 does extend protections to gay, lesbian, bisexual and transgender individuals. It was a 10-3 decision.

In April 2017, the full 7th Circuit was the first to reverse its precedent and find Title VII does cover sexual orientation. That case was Hively v. Ivy Tech Cmty. Coll. of Ind., 853 F.3d 339, 3362 (7th Circuit 2017).

Donald Zarda filed his original complaint in 2010 after he was fired from his job as a sky-diving instructor of Altitude Express. He claimed he was discriminated against because of his sexual orientation and his gender.

Chief Judge Robert Katzmann wrote the majority 69-page opinion of which nine other judges joined in full or offered their own concurring opinions. The majority concluded that sexual orientation discrimination is a subset of sex discrimination and employers cannot fire or retaliate against a worker because that person does not fit a sexual stereotype.

“Although sexual orientation discrimination is ‘assuredly not the principal evil that Congress was concerned with when it enacted Title VII,’ ‘statutory prohibitions often go beyond the principal evil to cover reasonably comparable evils,’” Katzmann wrote, referencing Oncale v. Sundowner, 523 U.S. 75 (1998). “In the context of Title VII, the statutory prohibition extends to all discrimination ‘because of … sex’ and sexual orientation discrimination is actionable subset of sex discrimination.”

Judge Gerard Lynch wrote a 73-page dissent which was joined in part by Judges Debra Ann Livingston and Reena Raggi.

Lynch reviewed the events leading to the enactment of Title VII and the prevailing attitude at the time toward same-sex relationships. He then, citing 7th Circuit Judge Diane Sykes’ dissent in Hively, pointed to the public meaning of the word “sex” in the mid-1960 and argued it was aimed at gender equality.

“The words used in the legislation are used for a reason,” Lynch wrote. “Legislation is adopted in response to perceived social problems, and legislators adopt the language that they do to address social evil or accomplish a desired goal. The word of the statute take meaning from that purpose and the principles it adopts must be read in light of the problem it was enacted to address.”

The case was remanded to the U.S. District Court for the Eastern District of New York for further proceedings.

UE Andiron Speaker to Discuss “Two Little Knights of Kentucky” 

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Kristina L. Hochwender, will be the speaker for the University of Evansville Andiron Lecture on Wednesday, March 14. The lecture will begin at 4:00 p.m. in Eykamp Hall, Room 252, Ridgway University Center. Hochwender’s topic will be “Child’s Play: Amusement and Reform in Annie Fellows Johnston’s Two Little Knights of Kentucky.”

Hochwender earned her Bachelor of Arts from Cornell College, and her Master of Arts and PhD from Washington University. Since 2007, she has taught literature at UE, where she also currently serves as the director of general education. She was recognized with the Dean’s Teaching Award in 2017. Along with her interest in children’s literature, her research centers on the Victorian clerical novel, and the ways in which the clergyman mediates national and religious identities and crises in novels that captured the Victorian imagination throughout the latter nineteenth century.

Evansville author Annie Fellows Johnston is best remembered for her Little Colonel novels, a series of girls’ books set in an idealized postbellum Kentucky. Published between 1895 and 1910, these novels spawned games, dolls, postcards, tourism, and a film starring Shirley Temple. They also inspired girls’ clubs, school dramas, and fundraising efforts. The second in the series, Two Little Knights of Kentucky, is notable for its presentation of the intersecting worlds of child and adult in response to a child’s first encounter with poverty.

The Andiron Lecture series is sponsored by the William L. Ridgway College of Arts and Sciences. For more information, call 812-488-1070 or 812-488-2589.

Men’s basketball to open Arch Madness against UNI

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With the regular season complete, the University of Evansville men’s basketball team has its sights set on Arch Madness where the Purple Aces will open up play against UNI on Thursday in St. Louis.

Evansville clinched the #8 seed in the tournament with a 17-14 overall mark and 7-11 record in the MVC.  The Aces are pitted against 9th seed UNI, who went 15-15 overall and had an identical league record of 7-11.  The teams will meet at 6 p.m. on Thursday inside the Scottrade Center.

The teams split the regular season series with the Aces grabbing a 57-49 win at the Ford Center on January 31 before the Panthers defended their home court, earning a 47-41 win at the McLeod Center on February 13.

This season will mark the fourth time the teams have met at Arch Madness with UNI taking the first three games.  The last meeting came two years ago in the conference championship game with the Panthers taking a 56-54 win on a last-second shot.

Thursday’s game will be carried on the MVC Network.  The winner of Thursday’s game advances to face regular season champion Loyola at noon on Friday.

 

EPD ACTIVITY REPORT

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EPD REPORT

Jones leads USI With Two GLVC Championships

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University of Southern Indiana Women’s Indoor Track & Field junior Hope Jones(Cumberland, Indiana) ran two provisional times on her way to winning two Great Lakes Valley Conference individual championships Saturday and Sunday at the University of Indianapolis ARC in Indianapolis, Indiana.

Jones defended her conference championship in the 5000 meters Saturday after running a provisional time of 17 minutes, 19.97 seconds. She bested second place by 18 seconds. Senior Jessica Lincoln(Palatine, Illinois) placed fifth in 18:11.20.

On Sunday afternoon, Jones collected her second title of the weekend by winning the 3000 meters.  She ran a provisional time of 10:02.05, her fastest time of the year by more than eight seconds. USI also had top five finishes in the 3000 by freshman Jennifer Comastri (Indianapolis, Indiana) and senior Melina Gryschka (Garbsen, Germany), who finished three tenths of a second apart in fourth and fifth, respectively.

Gryschka picked up a GLVC championship of her own in the mile, crossing the line in 5:02.79, missing a provisional time by just .12 seconds. Junior Kate Henrickson (Boonville, Indiana) finished fifth.

Crash on Broadway Ave Injures Two

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On Sunday, February 25, 2018 at approximately 3:05 PM the Vanderburgh County Sheriff’s Office and Perry Township Fire Department responded to a report of a motor vehicle crash with injuries on Broadway Avenue west of Franklin Road.

Upon arrival, firefighters and sheriff’s deputies located a black colored 1990’s model S-10 pickup truck that had run off the roadway and traveled down an embankment. The truck appeared to have struck multiple trees prior to becoming wedged between two trees.  Deputies observed a glass “bong” lying just outside of the driver’s door along with several beer cans strewn throughout the scene.

The driver appeared to be in and out of consciousness. The passenger of the vehicle reported only minor pain, but did suffer a small cut to his head. Both occupants were transported to St. Vincent’s Hospital for medical treatment.

Deputies later spoke to both the driver and passenger, who reported that prior to the crash a skunk had entered the path of truck. The driver reportedly swerved to avoid a collision, crossed into the oncoming lane, and then left the roadway. The driver also admitted to having smoked marijuana earlier in the day.

Pursuant to state law regarding crashes involving serious bodily injury or death, the driver consented to a post-crash blood draw. The crash will remain under investigation pending toxicology results.

 

Shown above: Crash scene on Broadway Avenue

 

Vanderburgh County Recent Booking Records

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http://www.vanderburghsheriff.com/recent-booking-records.aspx

IS IT TRUE FEBRUARY 26, 2018

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We hope that today’s “IS IT TRUE” 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 the City of Evansville has painted itself into a corner again by failing to adequately maintain a building?…this time it is one of the 4 parking garages in downtown Evansville that has gone the way of our roads, water lines, and sewers?…the parking garage that has 383 parking spaces has been neglected to the point that it now needs $1.5 million in repairs?…one would think that with all of the TIF dollars that the half a billion dollars in fun and games projects should have collected that $1.5 million would be chump change and the City would get on with the repairs?…that all sounds great except TIF funds by law can only be used to build new things?…the new things that are built with TIF funds have to be maintained with other dollars or they will just rot down like the Mesker Amphitheater and Roberts Stadium did?…this is another example of idiotic governance?

IS IT TRUE word in the street is that a couple members of the Evansville City Council are talking about starting a TIF District on West Franklin Street?  …we can’t wait to hear what kind of “Pie In The Sky” promises our city officials are going to make to the West Franklin Street business leaders if they agree to allow the city to established a TIF District in their area”

IS IT TRUE that the City’s solution to its degrading parking garage problem is to put the rascal up for sale at a price of $1.3 million with the caveat that the buyer must reimburse the City $100,000 for an electronic entry system that the City installed in a decrepit parking garage?…between repairs, the purchase price, mandated reimbursements and fees, this parking garage is going to cost any buyer $3 million?…a new garage of this size would cost about $12 million to build?…to further emphasize the idiocy of how TIF works, it would be perfectly legal and acceptable for Evansville to spend $12 million to build a new garage but it is illegal to spend $1.5 million to repair one? …this is mind-numbingly stupid from a policy perspective?

IS IT TRUE any private investor will analyze this kind of investment using simple mathematics of the expected cash flow as opposed to what a government would pay to build one?…the other three parking garages are roughly 50% occupied at a rate of $50 per month?…that means the revenue expectation for the $3 million garage would only be $115,200 per year?…the sale price for rental properties like parking garages average no more than 10 times revenue?…that means the maximum value of the expected cash flow is about $1.15 million?…that means that no one who intends to use the three other garages as comps would be foolish to pay more than $1.15 million in total for this neglected garage?…given the repairs needed and other costs the value of the parking garage “as is” would calculate to be NEGATIVE $585,000?…Evansville is underwater in this parking garage and will most likely have to pay a savvy investor over $500,000 to get rid of this neglected property?

IS IT TRUE that Saturday’s rains and the swelling rivers caused so much trouble in the City of Evansville that Mayor Lloyd Winnecke issued a statement letting everyone know that the sewer system was full?…so much water has filled the decrepit old system that the sewer is emptying into houses that do not have back flow prevention devices?…we have to wonder how much discomfort this is going to cause during a year where the flu is rampant?…this would not be so insulting except for the reality that the City if Evansville has spent more than a decade avoiding making repairs to the sewer system that is so bad about dumping raw sewage in the Ohio River that the federal EPA has mandated a repair?…one administration after another has borrowed Evansville into a maxed out level on political pork barrel and fun and games projects?…we hope Saturday and the Winter of 2018 is a reminder to the citizens about just how irresponsible the past and present city government has been?

IS IT TRUE the organization of CAJE (Congregation Acting for Justice and Empowerment) worked jointly with Aurora to advocate for a new caseworker position at Aurora last year?  …we commend Vanderburgh County Commissioner Ben Shoulders for continuing to work with both CAJE and Aurora to find funding for this much-needed position?  …that the President of the Vanderburgh County Council publicly committed to supporting the funding of this position at the annual CAJE meeting?  …we are now hearing that the Vanderburgh County Council President John Montrastelle may be “back stepping” on his commitment concerning the funding of the caseworker position? …we hope that the Vanderburgh County Council President John Montrastelle will step up and convince County Council members to help to provide the funds for this new position at Aurora?

IS IT TRUE attached is a link to an article about prevailing wage crucial for construction workers published by Capitol Weekly that we hope you find interesting:

http://capitolweekly.net/prevailing-wage/

Todays “Readers Poll” question” Is: Do you feel that its time that our elected officials should look at making some adjustments in our gun laws?

Please take time and read our articles entitled “STATEHOUSE Files, CHANNEL 44 NEWS, LAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBS” and “LOCAL SPORTS”.  You now are able to subscribe to get the CCO daily.

If you would like to advertise on the CCO please contact us CityCountyObserver@live.com.

City Council Meeting February 26, 2018

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EVANSVILLE CITY COUNCIL
FEBRUARY 26, 2018 At 5:30 P.M.

AGENDA

I. INTRODUCTION

 

AGENDA Attachment:
II. APPROVAL OF MEETING MEMORANDA

 

MEMO Attachment:
III. REPORTS AND COMMUNICATIONS
IV. SPECIAL ORDERS OF THE DAY
V. CONSENT AGENDA:  FIRST READING OF ORDINANCES AND RESOLUTIONS
A. ORDINANCE G-2018-04 An Ordinance Repealing Chapter 9.20 (Prohibiting the Use of Property for Illegal and Nuisance Activity) of the Evansville Municipal Code Sponsor(s): Elpers, Mosby, Weaver Discussion Led By: ASD Chair Adams 3/12/2018
G-2018-04 Attachment:
B. ORDINANCE G-2018-07 An Ordinance Amending Chapter 6.05 (Animal Control) of the Evansville Municipal Code Sponsor(s): Mosby Discussion Led By: ASD Chair Adams 3/12/2018
G-2018-07 Attachment:
C. ORDINANCE G-2018-08 An Ordinance Amending Chapter 2.115.020 of the Evansville Municipal Code Sponsor(s): Weaver Discussion Led By: ASD Chair Adams 3/12/2018
G-2018-08 Attachment:
D. ORDINANCE G-2018-09 An Ordinance Creating Section 2.10.005 (Common Council Term Limits) of the Evansville Municipal Code Sponsor(s): Elpers Discussion Led By: ASD Chair Adams 3/12/2018
G-2018-09 Attachment:
E. ORDINANCE F-2018-01 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 3/12/2018
F-2018-01 Attachment:
F. ORDINANCE F-2018-02 An Ordinance of the Common Council of the City of Evansville Approving the Annual Community Development Plan and Appropriating Community Development Block Grant, Emergency Solutions Grant and Home Investment Partnership Program Grant Funds Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 3/12/2018 4:30 p.m. Notify: Kelley Coures, Dept. of Metropolitan Development
F-2018-02 Attachment:
G. ORDINANCE R-2018-07 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1900, 1902, 1904, 1906, and 1908 N. Fourth Avenue Petitioner: Evansville Brownfields Corp. Owner: Evansville Brownfields Corp. Requested Change: R2 to C4 Ward: 6 Brinkmeyer Representative: Carolyn Rusk, Evansville Brownfields Corp.
R-2018-07 Attachment:
VI. COMMITTEE REPORTS

 

VII. REGULAR AGENDA:  SECOND READING OF ORDINANCES AND RESOLUTIONS
A. ORDINANCE G-2018-05 An Ordinance Amending Section 2.10.090 (Common Council) of the Evansville Municipal Code Sponsor(s): Elpers Discussion Led By: ASD Chair Adams 2/26/2018
G-2018-05 Attachment:
B. ORDINANCE G-2018-06 Ordinance of the Evansville Common Council Authorizing the City of Evansville, Indiana, to Issue One or More Series of Its “Economic Development Revenue Bonds (SP Evansville, LLC Project)”, and Approving and Authorizing Other Actions in Respect Thereto Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 2/26/2018
G-2018-06 Attachment:
C. RESOLUTION C-2018-02 Resolution Authorizing the City of Evansville, Indiana to Execute and Deliver a Third Supplemental and Amendatory Loan Agreement in Connection with Its Economic Development Revenue Bond, Series 2011A (University of Evansville Project), Its Economic Development Revenue Bond, Series 2011B (University of Evansville Project), Its Economic Development Revenue Bond, Series 2011C (University of Evansville Project), Its Economic Development Revenue Bond, Series 2011D (University of Evansville Project), Its Economic Development Revenue Bond, Series 2011E (University of Evansville Project) and Approving and Authorizing Other Actions in Respect Thereto Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 2/26/2018
C-2018-02 Attachment:
D. RESOLUTION C-2018-03 Resolution Authorizing the City of Evansville, Indiana to Execute and Deliver a Second Supplemental and Amendatory Loan Agreement in Connection with Its Economic Development Revenue Note, Series 2013 (University of Evansville Project) and Approving and Authorizing Other Actions in Respect Thereto Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 2/26/2018
C-2018-03 Attachment:
E. ORDINANCE R-2017-25 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 4707 Jackson Avenue Petitioner: Kyle Lutz Owner: Kyle Lutz Requested Change: C4 to R2 Ward: 1 McGinn Representative: Kyle Lutz
R-2017-25 Attachment:
F. ORDINANCE R-2017-28 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1108 Stanley Avenue Petitioner: Lewis Tuggle Owner: Lewis Tuggle Requested Change: M2 to R3 Ward: 3 Hayden Representative: Lewis Tuggle
R-2017-28 Attachment:
G. ORDINANCE R-2017-29 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 421 Read Street Petitioner: Timothy Mills Owner: Shelby & Theresa Marshall Requested Change: R4 to C4 Ward: 3 Hayden Representative: Timothy Mills
R-2017-29 Attachment:
H. ORDINANCE R-2018-02 An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 315 Taylor Avenue Petitioner: Dean Hall Owner: Spinnaker Holdings, LLC Requested Change: CO2 to C4 Ward: 4 Robinson Representative: Dean Hall, Mama’s, Inc
R-2018-02 Attachment:
VIII. RESOLUTION DOCKET
A. RESOLUTION C-2018-06 A Confirming Resolution of the Common Council of the City of Evansville Declaring an Economic Revitalization Area for Property Tax Phase-In for the Acquisition and Installation of Manufacturing Equipment at 101 Oakley Street Evansville, IN 47710 (Berry Global and its subsidiaries) Sponsor(s): Weaver Discussion Led By: Finance Chair Weaver 2/26/2018
C-2018-06 Attachment:
B. RESOLUTION C-2018-07 A Resolution of the Common Council of the City of Evansville Reduction in the Speed Limit Along North Main Street Between Division Street and West Morgan Avenue Sponsor(s): Mosby Discussion Led By: Public Works Chair Mosby 2/26/2018 Notify: Kelley Coures, Dept. of Metropolitan Development
C-2018-07 Attachment:
IX. MISCELLANEOUS BUSINESS
A. THE NEXT MEETING of the Common Council will be Monday, March 12, 2018 at 5:30 p.m.  A Finance Committee meeting will begin at 4:30 p.m.
B. BOARDS & COMMISSIONS
C. ADDITIONAL MISCELLANEOUS BUSINESS
X. COMMITTEE REPORTS

 

XI. ADJOURNMENT
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