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Vanderburgh County Commissioners February 13, 2018 Meeting Agenda

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civic center

AGENDA Of The Vanderburgh County Board of Commissioners

February 13, 2018 at 3:00 pm, Room 301

  1. Call to Order
  2. Attendance
  3. Pledge of Allegiance
  4. Action Items 
    1. Tax Sale Property Update from Fine and Hatfield
    2. County Auditor: Permission to Advertise Statement of Receipts and Expenditures
    3. Final Reading of Ordinance CO.02-18-008: Amending Chapter 2.69 of Vanderburgh County Code on the Homelessness Commission
  5. Department Head Reports
  6. New Business
  7. Old Business
    1. Road Hearing February 28, 2018 11:00 am- 1:00 pm Central Library Browning Room
  8. Public Comment
  9. Consent Items
    1. Contracts, Agreements and Leases
      1. Central Dispatch: AT&T Capital Services Lease Documents for E9111 Equipment
      2. Computer Services: HISCOX Cyber Liability Insurance Renewal
      3. County Health: Peer Counselor Contract with Elizabeth Heiman
      4. Vanderburgh County Courts, Computer Information Systems: Dell Master Agreement
    2. Approval of February 6, 2018 Meeting Minutes
    3. Employment Changes
    4. County Clerk: January 2018 Monthly Report
    5. County Health: Surplus Request for Equipment
    6. Road Closure Request: USI Screaming Eagles Running Series
    7. Commissioners:
      1. Second Appropriation for Communications Line Item
      2. Transfer Request for Screening Labor
    8. United Neighborhood of Evansville: January 2018 Monthly Report
    9. County Engineering:
      1. Department Report
      2. Pay Request #3 T.I.F. Phoenix Commerce for the sum of $3,370.00
      3. Pay Request #31 T.I.F. University Parkway for the sum of $25,789.00
      4. Claims
  10. Adjournment

Commentary: A Camel’s Back And A World’s Worth Of Straw

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By Michael Leppert
www.contrariana.com

The idiom “the straw that breaks the camel’s back” is often defined as the final terrible thing that makes a situation unbearable. Other sources describe the “last straw” as an otherwise minor or routine event that taken in the collection with all the others, makes the cumulative effect unacceptable.

America’s patience and the strength of its proverbial camel’s back are clearly being tested by Rob Porter and John Kelly.

Porter is the soon to be former staff secretary in the White House. He resigned on Wednesday in the face of abuse allegations raised against him by three women, two of whom are his ex-wives. Both of his ex-wives were interviewed by the FBI in January of 2017 as part of a routine background check for Porter’s necessary security clearance.

He has never received that clearance.

Porter’s first ex-wife, Colbie Holderness, shared a photo with investigators last year and now the media of herself with a black eye she got after a punch from him. The photo was taken in the summer of 2005. Jennifer Willoughby, his second ex-wife, disclosed to the bureau the protective order she obtained against Porter in June of 2010. She also shared news of another police intervention at their home following a domestic violence incident. These are public records.

Both women were contacted by a third woman in 2016 claiming to be Porter’s girlfriend. She sought them out for advice and support while she was dealing with abuse from him as well.

All of the details of these accounts were provided to the FBI more than a year ago.

White House Chief of Staff, Gen. John Kelly, had been informed of at least portions of the information last fall after taking over the reins from Trump’s first chief, Reince Priebus.

When the women’s stories began to publicly surface this week, dignitaries in D.C. rushed to the defense of Porter’s character. Kelly’s initial statement included this description of Porter: “a man of true integrity and honor and I can’t say enough good things about him.”

His former boss, Sen. Orrin Hatch, sung Porter’s praises on Wednesday before a retraction on Thursday. Kelly is not veering so much because doing so would amount to an admission of wrongdoing on his part. That moment will come on this one eventually.

It is important to know what the White House staff secretary does. Job titles like that can mean just about anything. But this job is in charge of the flow of paperwork, the record, often times classified documents in the office of the president. There is a flood of pictures online of Porter with Trump. He travels with him. He shook the hand of China President Xi Jinping. Some refer to him as a deputy chief of staff.

To add to the drama, Porter is now in a romantic relationship with White House Communications Director Hope Hicks. Her place in Trump’s inner circle precedes everyone else in the administration.

Yet still, he has not received his permanent security clearance. Now we know he won’t ever receive it.

So, why was his presence allowed to continue after the White House was informed of this?

Was it that Porter’s dad worked for Presidents Ronald Reagan and George H.W. Bush? Was it that he graduated from Harvard and Oxford? Was it that he served as a Mormon missionary?

He has a resume that would make his profile as a domestic abuser simply hard to believe. Right?

Wrong. His violent past is documented. Believe it. The FBI believes it. Furthermore, abusers come in all shapes and sizes.

Hopefully, someday soon, presidential administrations will be so intolerant of domestic abuse and abusers, that the mere mention of it will cause appropriate alarm. I think that day might be upon most other Americans already. The rest of the country is experiencing a different #metoo moment.

All of this makes Porter, and possibly Kelly susceptible to blackmail. The lengths some have already taken to hide this is scandalous.

The Trump administration has spent the entire first year of its term obliterating protocols. Some were destroyed on purpose. Others were destroyed because the character of this team is incapable of complying. This particular straw seems like a combination of both of those things.

But is this the last straw?

It should be for Gen. Kelly. He was supposed to be the adult in the room. His gaffes are piling up, and the word is that Trump did not know about Porter’s checkered past.

Or was it the FBI who had finally had enough of Trump that led to the reports of this humiliating vulnerability? Could be.

No matter how heavy it seems, there will be a straw that breaks the camel’s back of America. It may not happen until the next election, but our knees are clearly wobbling and a broken back feels all but inevitable.

Court Date Set For EVSC Teacher Accused of Child Molestation

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 The third grade Scott Elementary School teacher accused of molesting a student while on the job is set to face a judge this week. 25-year-old Justin Wolf is accused of touching a student’s genitals on multiple occasions on school property.

The alleged incidents were first reported Thursday and by Friday afternoon Wolf was arrested and charged.

The Vanderburgh County Sheriff’s office held a meeting over the weekend with parents to inform and answer any concerns or question. The Sheriff’s Office is investigating to determine if there are any more potential victims.

Sheriff Dave Wedding says, “If a parent has spoken to their child and the child has conveyed to them they may have been impacted by this person in a negative way and certainly in a criminal way we’re hoping they will contact the Sheriff’s Office and we will conduct more interviews and place more criminal charges if needed.”

EVSC officials say Wolf was hired as a third grade teacher back in 2016.

They say the teacher who is filling Wolf’s position is a regular substitute and is familiar with the Scott Elementary community.

Wolf remains free on a $10,000 bond.

He is due in court Wednesday afternoon.

Lauren Leslie

Lauren Leslie

Lauren Leslie is from Evansville, and has previously worked as a News Producer. Lauren graduated from the University of Southern Indiana with a Bachelor of Science in Radio and Television and a Minor in Criminal Justice.

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Goedde Running for Posey Circuit Court Judge

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Attorney Craig Goedde has filed his candidacy for Posey Circuit Court Judge.  Craig has not previously sought political office, but felt motivated to enter the race for Judge to make a difference for the families of Posey County.

Craig is licensed in Indiana and Kentucky and has been practicing law for nearly 20 years.  During his 20 year tenure, he practices heavily in Posey and Vanderburgh Counties, but practices in several other Southern Indiana Counties as well.  Although Craig practices in nearly every aspect of the law, except bankruptcy, he primarily focuses his attention to family, juvenile, probate, corporate, civil, and criminal matters.  He also serves as a Certified Family Law Mediator.

Craig is a member of the Posey County Bar Association, Evansville Bar Association, and Indiana State Bar Association.  He has served on the Board of Directors of the Evansville Bar Association as Chair and Co-Chair of the Young Lawyers Section. He has also been a past member of the Association of Trial Lawyers of America, Indiana Public Defenders Council, and Indiana Worker’s Compensation Institute – Evansville Division.

Craig graduated from Mater Dei High School, Indiana University-Bloomington, and the University of Dayton School of Law.  Craig makes his home in St. Philip, Indiana with his wife, Kelli, and three (3) children, Taylor, Zach, and Brooklyn.

Yesteryear: Early Postal Service by Pat Sides

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A postman pauses for the camera on an unidentified street in Evansville. Judging by the style of his uniform, as well as the unpaved street, the photo was probably taken in the 1880s. Prior to 1863, citizens went to post offices to retrieve their mail, or possibly had it delivered to their homes by a private service.

After that year, free mail delivery to residences began in larger cities, depending on their population, and by 1868, uniforms became standard wear when Congress approved them. This postman is standing in a delivery wagon fashioned after a Roman chariot, typical of the era. By 1911, only seven cities in the country used newly-motorized postal vehicles, and the last horse-drawn wagons were not abandoned until the 1930s.

U of E Men’s Basketball Travels To Cedar Falls On Tuesday

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Aces Look For Season Sweep Of UNI

In a rare Tuesday league game, the University of Evansville men’s basketball team looks for its first season sweep of UNI in five years as the Purple Aces take on the Panthers on Tuesday at 7 p.m. in Cedar Falls.

Evansville is coming off of a 72-55 defeat on Saturday at Missouri State as Ryan Taylor scored a team-high 13 points while Dru Smith posted 12 in his first game back after missing the previous three.  K.J. Riley chipped in nine points for the second game in a row.  The Bears led from start to finish, leading by as many as 23 before taking the 17-point win.

Taylor kept his streak alive of scoring in double figures in each game this season.  He leads the MVC with 21.2 points per game.  Prior to Saturday’s game at MSU, Taylor scored 20 or more points in five consecutive games.  Riley has also been on a nice streak, scoring nine points in each of the last two games.  In the six games before his streak, Riley averaged just 5.2PPG.

UNI stands at 12-14 and 4-10 in the Valley going into Tuesday’s game in Cedar Falls.  The Panthers has fallen in four of their last five games, including a 57-49 loss to the Aces in Evansville on Jan. 31.  Bennett Koch continues to be the top offensive weapon for the Panthers, posting a team-high 12.5 points per game; he has also hit 109 free throws, more than double anyone else on the team.  Tywhon Pickford leads UNI with 8.0 rebounds per game.

UE and UNI have split their series with each team winning 26 out of 52 games.  Evansville picked up a 57-49 win at the Ford Center on January 31. UNI has won seven of the last ten games overall and four in a row at the MeLeod Center.

Just two weeks ago, the Aces and Panthers met at the Ford Center with Evansville grinding out a 57-49 win.  Ryan Taylor led everyone with 25 points while Blake Simmons notched his first double-double with 15 points and 15 boards.

 

Eryn Gould Named MVC Newcomer Of The Week

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University of Evansville freshman Eryn Gould was named the Missouri Valley Conference Newcomer of the Week as the Purple Aces softball team went 2-1 in the Mardi Gras Classic in Lafayette, La.
 
“Eryn had a great start offensively to her college career,” UE head coach Mat Mundell said.  “She showed a lot of poise and approach at the plate.  We hope she continues to build off of this.”
 
The first weekend of play for Gould was a good one as she batted .600 while slugging 1.300 in leading the Purple Aces to a 2-1 record in the Mardi Gras Classic.  She had six hits in 10 plate appearances while hitting two doubles, a triple and a home run.  She had three RBIs and four runs scored while getting on base 63.6% of the time.  In the opener against Samford, Gould went 3-4 with three RBI and two runs.  
 
Against nationally ranked Louisiana, Gould posted a hit and scored a run in three appearances.  Sunday’s finale against EIU saw her go 2-3 with a run scored to wrap up her first week of action.
 
Next up for Gould and the Aces is a trip to the Black and Red Showcase hosted by the University of Georgia this weekend.

Holly’s House Announces Major Gift from Toyota Motor Manufacturing, Indiana

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Holly’s House, a local child and adult victim advocacy center, announces Toyota Indiana, Inc. has made a major gift to Holly’s House in support of their “Think First & Stay Safe” elementary school child abuse prevention program. A media event will take place on March 7, 2018 at 10:00 a.m. at Holly’s House. During the event, Toyota Indiana representatives, Holly’s House Board Members, and Sidney Hardgrave, Holly’s House Executive Director, will be available for comments.

Implemented in 2010, the primary goal for the “Think First & Stay Safe” program is to improve student knowledge and skills relating to protecting their personal safety. Research into child abuse indicates that young people who are abused are much more likely to struggle with depression and anxiety, have poor academic performance, abuse drugs and alcohol, present behavioral problems, and even commit suicide. In addition, children who are abused are at greater risk of being either the aggressor or victim of violence as adults. Successful prevention and early identification of child abuse is one component of preparing young people for success. The “Think First & Stay Safe” program addresses these concerns by teaching children they have a right to be safe and developing common sense skills for self-protection. Through this program, children are advised how to seek help if they, or others they know, encounter unsafe situations or are being abused. For more information, or to support the “Think First & Stay Safe!” program, please visit www.hollyshouse.org.

7th Circuit Affirms Dismissal Of Mexican Complaints

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Olivia Covington for www.theindianalawyer.com

The 7th Circuit Court of Appeals has upheld the dismissal of a Mexican company’s fraud claims against an Indiana-based Fortune 500 company, finding the Mexican entity failed to allege the company, rather than its Mexican subsidiary, committed any wrongs.

In 2009, Berry Plastics Corporation executed a series of purchase orders in 2009 through its subsidiary, Pliant de Mexico, S.A. de C.V., with Mexican plastic and shrink wrap supplier Vexol, S.A. de C.V. the agreement called for Pliant to manufacture and distribute shrink wrap to Vexol, but a dispute arose when Vexol’s customers began complaining about the quality of shrink wrap they were purchasing.

When Vexol attempted to return the allegedly subpar products, Pliant claimed Vexol owed it money pursuant to a fabricated “pagare,” the Mexican equivalent of a promissory note. When that allegation produced no results for Pliant, the company filed a fraud claim against Vexol, beginning a process of repeatedly threatening to have Sergio Torreblanca Lopez — a Vexol officer — arrested if his company did not pay what was allegedly owed.

In response, Vexol and Torreblanca filed two complaints in the U.S. District Court for the Southern District of Indiana, the second of which alleged Berry committed fraud — or “dolus” — and “illicit acts” by aiding and abetting Pliant in misleading Vexol into entering into the purchase agreements with the intent of stealing Vexol’s customers. But the district court dismissed Vexol’s complaint with prejudice, finding it failed to allege any misconduct by Berry.

The 7th Circuit Court of Appeals agreed, with Judge Elaine E. Bucklo — sitting by designation from the Illinois Northern District Court — writing that though Vexol claimed its complaint rises from Berry’s conduct in Mexico, it fails to describe any actions that Berry — as opposed to Pliant — took in Mexico.

“Perhaps Vexol thinks its sufficient to describe Berry’s illicit conduct generally as ‘aiding and abetting Pliant’ in committing specific bad acts in Mexico,” Bucklo wrote. “…However expansive Mexico’s law of ‘wrongs’ in terms of the degree of culpability required for liability and the breadth of conduct proscribed … Vexol cites no authority to suggest that corporate ownership, without more, is sufficient to prove aiding-and-abetting liability under Article 1910 (of Mexico’s Federal Civil Code).”

The appellate court then found the district court did not err by denying Vexol’s motion to file a third amended complaint, noting the lower court had warned the company that if its second complaint did not cure defects identified in the first, it would be dismissed with prejudice.

“It appears to use that another bite at the apple is unlikely to engender anything other than additional expense for all involved,” Bucklo wrote.

Finally, the 7th Circuit denied Berry’s motions for sanctions against Vexol for filing a frivolous appeal. Berry failed to file a separate motion for damages, as is required under Federal Rule of Appellate Procedure 38, Bucklo said.