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CITY OF EVANSVILLE COMMON COUNCIL MEETING

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CITY OF EVANSVILLE COMMON COUNCIL

MEETING AGENDA NOVEMBER 13, 2017

ROOM 301, CIVIC CENTER 5:30 P.M.

 I. INTRODUCTION

II. APPROVAL OF MEETING MEMORANDA
III. REPORTS AND COMMUNICATIONS
IV. SPECIAL ORDERS OF THE DAY
V. CONSENT AGENDA: FIRST READING OF ORDINANCES AND RESOLUTIONS

ORDINANCE G-2017-33 AMENDED
Sponsor(s):
Discussion Led By: Notify:

ORDINANCE G-2017-34

Sponsor(s): Discussion Led By: Notify:

An Ordinance Establishing an Economic Improvement District in Downtown Evansville, Indiana
Mosby, McGinn, Mercer, Robinson, Weaver
Finance Chair McGinn 11/27/2017

Joshua Armstrong, Southwest Indiana Chamber

An Ordinance Granting a Certificate of Convenience and Necessity for the Operation of Taxicabs for the Year 2018 – PAST, LLC Brinkmeyer
A.S.D. Chair Brinkmeyer 11/27/2017

Bill Kramer, PAST, LLC

VI. COMMITTEE REPORTS
VII. REGULAR AGENDA: SECOND READING OF ORDINANCES AND RESOLUTIONS

ORDINANCE G-2017-32 AMENDED
Sponsor(s):
Discussion Led By: Notify:

ORDINANCE R-2017-19

Petitioner: Requested Change: Representative:

An Ordinance Amending Chapter 8.10 (Nuisances) of the Evansville Municipal Code
Mosby, Weaver
A.S.D. Chair Brinkmeyer 11/13/2017

Joshua Claybourn, City Council Attorney

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 3404 N. First Avenue
Gongjun Yan Owner: Ocean Realty, LLC
CO1 to C1 Ward: 5 Elpers
Gongjun Yan

ORDINANCE R-2017-20

Petitioner: Requested Change: Representative:

ORDINANCE R-2017-21

Petitioner: Requested Change: Representative:

VIII. RESOLUTION DOCKET RESOLUTION C-2017-28

Sponsor(s): Resolution Docket Notify:

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1714 Harmony Way
Michael L. Volkman Owner: Michael L. Volkman C1 to R1 Ward: 6 Brinkmeyer Michael L. Volkman

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 3008 E. 3204 Division Street
VenuWorks Owner: University of Evansville R1 to C4 Ward: 3 Weaver
Bret Sermersheim, Morley

A Resolution of the Common Council of the City of Evansville Confirming the Declaration of an Economic Revitalization Area for Property Tax Phase-In for the Rehabilitation of Real Property and Acquisition of Manufacturing Equipment at 4400 Garrison Avenue Evansville, IN 47711 – Warehouse Services, Inc. (WSI)

McGinn
Finance Chair McGinn 11/13/2017 Andrea Lendy, Growth Alliance

IX. MISCELLANEOUS BUSINESS

  1. THE NEXT MEETING of the Common Council will be Monday, November 27, 2017 at5:30 p.m.
  2. ADDITIONAL MISCELLANEOUS BUSINESS

X. COMMITTEEREPORTS

XI. ADJOURNMENT

Holcomb Focuses On Job Training As He Unveils 2018 Agenda

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Holcomb Focuses On Job Training As He Unveils 2018 Agenda

 By Adrianna Pitrelli

TheStatehouseFile.com

INDIANAPOLIS — With 92,000 vacant jobs across Indiana, Gov. Eric Holcomb Wednesday rolled out a 2018 agenda that placed workforce development at the top.

“This year we are going to be focused on people,” Holcomb said. “For Indiana to remain ranked No. 1 in 2017 and beyond, we have to make sure our workforce is skilled up to meet the needs of the future.”

A year after Holcomb was elected governor, he unveiled his 2018 agenda to a gathering of the media, government officials and others in the Statehouse atrium.

Much of the governor’s emphasis was on preparing students and adults for the jobs that will keep Indiana growing.

In Indiana alone, 350,000 people don’t have high school diplomas and 712,000 Hoosiers started college but didn’t finish — for a total of more than a million Hoosiers who have left part of their education unfinished.

“Just imagine if we broke the cycle and helped them get on the path of upward mobility,” Holcomb said.

Starting at the lowest level of education, Holcomb wants to provide that path so Hoosiers can get the skills they need so they are ready for work.

“The students that graduate high school have to be ready to either go to college or find meaningful training in the field of their choice,” Holcomb said. He created a new state agency, the Office of Apprenticeship, to begin connecting high school students with job experiences.

Throughout 2018, Holcomb stressed the importance of strengthening K-12 STEM education — science, technology, engineering and math — and create work-based learning to help both high school students and adults, which would take affect in 2019.

By 2021, Holcomb wants every Indiana school to offer at least one computer science course, a goal of his which requires legislative action.

As part of Holcomb’s Next Level Indiana agenda rolled out in January, he implemented nextlevelsjobs.org — a website where employers can post jobs and Hoosiers can search for better jobs. Through Next Level Jobs, Hoosiers can receive the training they need for higher paying jobs at no cost to them.

Since the start of the year, 213,000 Hoosiers have visited the website. Holcomb said it is a start to the change he’d like to see, but he wants more people to fill out the application and actually get a job.

The Indiana Democrats responded to the governor’s plan saying Republicans have talked about workforce development for years, but no progress has been made.

“Just look at the numbers, past efforts haven’t made a dent,” said Indiana Democratic Party Chairman John Zody in a statement. “Hoosiers worked just want a shot at gaining the skills to earn bigger paychecks.”

Zody said rather than increasing jobs, Holcomb’s administration should focus on increasing educational attainment and raising wages.

Holcomb also unveiled other parts of his agenda — which got positive feedback from Statehouse Republicans.

“The governor has put forth a bold agenda, and we look forward to working with him on workforce and other critical issues facing our state and finding the best solutions for all Hoosiers,” House Speaker Brian Bosma, R-Indianapolis, said in a statement.

Much of the plan, however, included issues presented during the 2017 legislative session, like the opioid crisis, infrastructure work and delivering great government service.

During the 2017 General Assembly, a five-year road plan was passed which would implement a tolling study, create a second rail track along the South Shore Line and a variety of other projects. Holcomb’s 2018 agenda calls for continued support.

The opioid crisis remains another focus as more than 286,000 people have reported using opioids that weren’t prescribed to them. To attack the drug epidemic, Holcomb plans to strengthen enforcement, expand recovery options and make it easier for Hoosiers to locate and access treatment.

The plan also requires physicians to check the state’s prescription drug monitoring program, INSPECT, before issuing prescriptions for opioids.

“We are going to seek every resource that is needed,” Holcomb said. “It’s not just money is needed. It’s how we are organizing and working together and how quickly we can get people into treatment and make sure the treatment is better.”

After his announcement Holcomb was asked about his position on Sunday alcohol sales and guns— two issues that will most likely be raised during the 2018 session. Holcomb didn’t respond directly, saying he will work with the legislature on lawmakers’ proposals.

Adrianna Pitrelli is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

AN ALCOHOL ARMISTICE?

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Indiana’s “alcohol wars” might be coming to an end, or at least one battle.

The lobby groups that represent the state’s package liquor stores and grocery stores have reached an agreement that would allow for Sunday sales, but limit where you could buy cold beer.

In a news release put out this afternoon, – Representatives from the Indiana Association of Beverage Retailers (IABR) and the Indiana Retail Council (IRC) say they will support legislation that allows for Sunday sales, but limits cold beer sales to liquor stores.

In addition, the groups agreed that there should be no new restrictions placed on where alcohol is sold, increasing penalties when alcohol is sold minors and mandatory ID checking.

“This agreement proves that we can work together to deliver results for Hoosiers without compromising on safety,” said Jon Sinder, Chairman of the Indiana Association of Beverage Retailers.  “The package liquor store industry along with our friends at the Indiana Retail Council are committed to working directly with legislators to successfully draft and pass meaningful and impactful public policy that will allow Hoosiers to purchase alcohol for carryout on Sundays for the first time since Prohibition.”   

Indy Politics spoke with Grant Monahan of the Indiana Retail Council.  You can hear his comments in the Leon-Tailored Audio above.  They run about eight minutes.

The “agreement” did not sit well with gas station and convenience stores, Scot Imus of the Indiana Petroleum Marketers and Convenience Store Association. released the following statement…

“For well over a decade, the liquor store industry has vehemently opposed Sunday sales, testifying numerous times before legislative committees that such a move would put 25 percent of liquor stores out of business. Further, the liquor lobby decried the display of spirits in big box stores, even supplying committee members with pictures of liquor bottles next to toys or at the checkout lane to support its position.   At the same time, the Indiana Retail Council and its members joined forces with convenience store retailers in forming two coalitions over the last decade to campaign for sensible alcohol laws – which included cold beer and Sunday sales. Why are they now suddenly against cold beer sales? How credible can these groups be when just six months ago each made opposite claims? Frankly, type of backroom gamesmanship and hypocrisy is exactly what the public despises and what has led to Indiana’s non-sensical alcohol laws. Alcohol regulations should be based on sound public policy, not upon the wishes of powerful special interests suddenly aligned for the sake of expediency. The convenience store industry has demonstrated beyond a reasonable doubt that its members are responsible retailers of beer. The IPCA and over 60 percent of Hoosiers believe that Indiana should not regulate beer sales based on temperature.   We call on lawmakers and Hoosiers to see this agreement as nothing more than liquor stores and big box stores protecting their turf. Instead, we would ask legislators to support the common-sense reform of moving beer from store floors to coolers.”

Board of School Trustees of the Evansville Vanderburgh School Corporation Meeting

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The Board of School Trustees of the Evansville Vanderburgh School Corporation will meet in executive session at 3:30 p.m. on Monday, November 13, 2017, 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.

DEMACRATS WIN

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Justices To Consider Whether Failure To File Negligence Case Warrants Malpractice Claim

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Olivia Covington for www.theindianalawyer.com

The fate of a legal malpractice claim against a northern Indiana law firm is now in the hands of the justices of the Indiana Supreme Court, who must decide whether an underlying slip-and-fall case would have been more favorable to the plaintiff if the firm in question had not failed to file crucial documents.

According to the Lake Superior Court, the answer to that question was “No,” which was why the trial court granted summary judgment to Merrillville firm Thiros and Stracci, P.C. on Elizabeth Roumbos’ malpractice claim. Roumbos had hired the firm and now-suspended attorney Samuel G. Vazanellis to represent her after she tripped on wires on the floor of her husband’s hospital room and fell while visiting him.

The firm failed to file Roumbos’ negligence claim within the applicable statute of limitations, prompting her to file a malpractice claim against the firm. The Court of Appeals reversed summary judgment in favor of the firm and allowed the malpractice claim to proceed in a February decision,  then reaffirmed its decision on petition for rehearing in June.

The case of Elizabeth Roumbos v. Samuel G. Vazanellis, et al., 45S03-1710-CT-00635, then went before the high court on Thursday, when attorneys for both parties addressed only the issues related to the underlying negligence claim, not the legal malpractice suit.

Though the Court of Appeals ruled in Roumbos’ favor, her counsel, Jack Morris, challenged the court’s characterization of the facts that led it to overturn summary judgment for the firm. While the appellate court determined Roumbos knew of the wires but had stopped paying attention to them, causing her fall, Morris contended there was no evidence in the record or in Roumbos’ testimony that she had previously seen the wires before she tripped.

“The facts in this case have somehow taken on a life of their own, but there’s no evidence that she ever saw those wires,” Morris told the court.

Morris then argued summary judgment was inappropriate in this case under both the facts and the law. Looking to the facts, he told the justices the designated evidence created a question of fact as to whether the wires running along the floor was the actual cause.

Further, as an issue of law, Morris said the case could be viewed through the lens of Indiana’s Comparative Fault Act. Under that act, contributory fault can proportionally diminish the amount a party can recover in damages, but it cannot bar recovery unless the fault is found to be greater than the fault of others involved in the case.

But David Jensen, counsel for the law firm, said the case should be considered in terms of Section 343(A) of the Restatement (Second) of Torts (1965). That section holds that a land possessor is not liable for harm if the condition that caused the harm was known or obvious to the invitee.

To support his argument, Jensen pointed to a portion of Roumbos’ deposition in which she said that had she looked down at the floor, she “probably” would have seen the wires. Based on that statement, Jensen said the danger – here, the wires – met the “known or obvious” standard, making summary judgment to the firm appropriate. The trial court also relied on that portion of Roumbos’ testimony to rule in favor of the firm.

Each of the five justices had multiple questions for the attorneys. For example, Justice Steve David raised concerns about Jensen imposing a “super duty” on Roumbos to scour the floor in search of potential dangers.  But Jensen disagreed, arguing instead that he was addressing an element of premises liability with regard to a premises owner, not imposing a duty on a plaintiff like Roumbos.

The justices also raised concerns about Morris’ argument, asking him on multiple occasions to clarify what genuine issues of material fact precluded summary judgment. In response to such a question from Chief Justice Loretta Rush, Morris said there was a question as to whether cords were “open and obvious.”

David also took time to admonish Roumbos’ counsel for the sarcastic nature of their briefs, telling Morris he was distracted while reading the briefs and was not pleased with their tone. Morris apologized and agreed the briefs were “unnecessarily difficult.” His name was not signed to the briefs in question.

HOT JOBS IN EVANSVILLE

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Parking Enforcement Officer (Part-Time), Public Safety – N17084N2
University of Southern Indiana 59 reviews – Evansville, IN
$9.89 an hour
High School diploma/ GED and valid driver’s license required. Responsibilities also include communicating proper parking rules and regulations to drivers, which…
Administrative Assistant, Registrar – N17078N1
University of Southern Indiana 59 reviews – Evansville, IN
$10.35 an hour
Full-time position to assist students, faculty, staff, and others visiting the office and to answer the primary phone line….
Medical Support Assistant
Veterans Affairs, Veterans Health Administration 3,272 reviews – Evansville, IN
$26,150 – $42,702 a year
Updating and verifying demographic information, scheduling appointments, collecting insurance information, data entry, managing order entry and supportingarea…
Billing Coordinator, Bursar Office – A17039A1
University of Southern Indiana 59 reviews – Evansville, IN
Bachelor’s degree in accounting, business, or related field required. Handle phone calls and emails from students and families….
Scribe
Tri-State Orthopaedic Surgeons – Evansville, IN
Continuous standing during shift, repetitive typing, and ability to push. The purpose of this position is to support physicians by entering clinical…
Museum Aide, Historic New Harmony – N17007N3
University of Southern Indiana 59 reviews – Evansville, IN
$7.25 an hour
Responsibilities include escorting visitors through historic buildings and sites; USI is seeking a part-time Museum Aide to provide interpretive tours of…
Sales Assistant, Historic New Harmony – N17008N3
University of Southern Indiana 59 reviews – Evansville, IN
$7.25 an hour
This position will greet and provide information to guests; Operate cash registers; USI is seeking a part-time Sales Assistant for Historic New Harmony….
Supportive Housing Case Manager
ECHO Housing Corporation – Evansville, IN
$28,500 – $30,000 a year
Valid Drivers’ License. Bachelor’s Degree in Social Work or related field required; Maintain accurate and up-to-date documentation, including timely data entry…
PT Lab Technician
Alcoa Corp. 1,280 reviews – Newburgh, IN
Lab experience in an accredited lab or 2 years of college coursework with an emphasis in a science discipline. 4 year degree in science discipline….
Field Computer Technician
Reynolds and Reynolds 248 reviews – Evansville, IN
Associate discounts for cell phones, cars, computers, entertainment, and much more Requirements:. Good driving record with no more than 2 moving violations in…
Billing Assistant, Bursar Office – N17080N1
University of Southern Indiana 59 reviews – Evansville, IN
$10.35 an hour
Knowledge of cash handling and collections preferred. The Billing Assistant is responsible for a wide variety of duties associated with invoicing and past due…
Electronic Controls Technician, Facility Operations & Planning – N17059N1
University of Southern Indiana 59 reviews – Evansville, IN
$17.20 an hour
This position will check, calibrate, repair, commission, and test electronic controls and electrical systems, sensors, and equipment primarily associated with…
Mobile Logistics Coordinator-Evansville, IN
Stryker 630 reviews – Evansville, IN
Valid Driver’s license with good driving record. Order entry, picking, shipping, tracking and usage. Processing incoming orders for materials, merchandise, or…
Area Coordinator, Housing and Residence Life – A17032A1
University of Southern Indiana 59 reviews – Evansville, IN
Must have a vehicle and a valid driver’s license; Bachelor’s degree required, Master’s degree strongly preferred. Current curriculum vitae;…
Cashier
The Fresh Market 1,201 reviews – Evansville, IN
Ensuring the smooth and efficient checkout of customers, including bagging products, answering customer questions regarding store specials, products, and…
Benefit Specialist – Evansville, IN
Benefit Communication Insourcing 7 reviews – Evansville, IN
Must be willing to obtain Life and Health Insurance Producers License if offered a position. Accept inbound service calls to assist individual employees with…
Branch Dispatcher
Sterett Crane & Rigging – Elberfeld, IN
Operates and maintains office equipment including, telephone, facsimile, photocopier, Microsoft Windows, iCraneTrax, 3dLift Plan….
Pricing Coordinator
Berry Global, Inc. – Evansville, IN
Troubleshoot pricing entry issues with the Customer. Maintain customer contacts/purchasing agents for. Coordinate usage of Lotus Notes pricing entry….
Administrative Assistant/Receptionist
Hazex Construction – Henderson, KY
Busy construction office seeking Administrative Assistant. Process Bid Paperwork….
Loan Processor
LNB Community Bank – Boonville, IN
Bachelor’s degree preferred in Business, Finance, or related discipline. Join a winning team at LNB Community Bank!…
Instructional Designer, Online Learning – A17038A1
University of Southern Indiana 59 reviews – Evansville, IN
Bachelor’s degree required (Master’s preferred) in instructional design, educational technology, education or related field….
Substitute Teacher, Children’s Learning Center
University of Southern Indiana 59 reviews – Evansville, IN
$11.25 an hour
Valid drivers license also required. Maintain a working knowledge of state licensing regulations, NAEYC developmentally appropriate practices and maintain a…
Assistant Director, Risk Management – A17037A1
University of Southern Indiana 59 reviews – Evansville, IN
This position directly supervises the departmental clerical staff and student workers related to insurance claims involving property, liability, and worker’s…
Assistant Director of Resident Engagement
University of Southern Indiana 59 reviews – Evansville, IN
Must have a vehicle and a valid driver’s license. Student Personnel, Higher Education Administration or related field preferred….
Morning Server Part Time
Hilton Garden Inn Hotel 83 reviews – Evansville, IN
Breakfast Server 2 days a week. Previous breakfast server experience helpful. Needed 5:00 am until 1:00 pm 2 days a week and weekends when needed. Job Type:…
Phlebotomist – Patient Care Provider
Mid America Clinical Laboratories 35 reviews – Evansville, IN
Training or certification in phlebotomy; The standard of ethical and professional performance must be consistent with established medical laboratory practice…
Field Service Technician
Best Beverage Equipment Service 6 reviews – Evansville, IN
If you don’t mind tons of driving and some late nights _PLUS_ you’re technically inclined – you may be a BEST tech! Maintain good driving record….
Parts Specialist – Volvo / Mazda
Magna Motors – Volvo Cars of Evansville / Evansville Mazda – Evansville, IN
Valid driver’s license and automobile insurance. Answer phones, perform weekly, monthly, and annual inventory counts. State of the art equipment….
Team Member
Subway Sandwiches 25,420 reviews – Evansville, IN
Serving guests, cleaning, prep work. General tasks relating to quick serve restaurants….
2/3 year old teacher
Carver Community Organization 3 reviews – Evansville, IN
Preferred candidates with a CDA, Associate Degree or Bachelor Degree in Early Childhood Education or related field….

Transgender Inmate Sues DOC For Hormone Therapy

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Olivia Covington for www.theindianalawyer.com

A transgender inmate is suing the Indiana Department of Correction and is seeking a preliminary injunction that would require the department to provide hormone therapy to treat gender dysphoria.

The ACLU of Indiana filed a complaint on behalf of Anthony Loveday in the U.S. District Court for the Southern District of Indiana on Tuesday, alleging the DOC violated Loveday’s Eighth Amendment rights by remaining “deliberately indifferent to the serious medical needs of an inmate.” Specifically, the complaint alleges claims the DOC has continued to deny hormone therapy to treat Loveday’s gender dysphoria due to a blanket policy that allows DOC medical professionals to withhold hormone therapy if an inmate was not receiving it before being incarcerated. Loveday was diagnosed after entering the state prison in Michigan City.

According to the complaint, Loveday suffers from anxiety, depression and suicidal ideation as a direct result of gender dysphoria. The complaint also asserts the World Professional Health Association for Transgender Health recognizes hormone therapy as a legitimate treatment for that condition. Loveday is biologically male but identifies as female.

While Loveday currently receives general talk therapy twice a month, the complaint claims the symptoms of gender dysphoria continued to persist. That’s why Loveday filed a grievance requesting hormone therapy in August.

 The DOC denied that request in September, referring to an informal policy that holds “the contractual medical staff nor the IDOC are not under any obligation to provide hormone therapy for offenders who discover they are Transgender while incarcerated.”

Loveday then appealed that decision, but the DOC maintained its position. A spokesman for the DOC referred questions to Indiana Attorney General Curtis Hill’s office. A message was left with a spokesman for Hill’s office.

The Tuesday complaint seeks a declaration the DOC’s actions violate Loveday’s Eighth Amendment rights and a preliminary injunction enjoining the department to provide the requested hormone therapy. A separate motion for preliminary injunction seeking the same relief was filed on Thursday.

The case is Anthony Loveday v. Commissioner of the Indiana Department of Correction, 1:17-cv-04123.