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AGENDA Vanderburgh County Board of Commissioners Meeting Agenda

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AGENDA Vanderburgh County Board of Commissioners

October 24, 2017

3:00 pm, Room 301

  1. Call to Order
  2. Attendance
  3. Pledge of Allegiance
  4. Department Head Reports
  5. New Business
  6. Old Business
  7. Public Comment
  8. Consent Items
    1. Contracts, Agreements and Leases
      1. Health Department: Walgreens Off-Site Clinic Agreement
      2. Burdette Park: Drainage Contract
    2. Approval of October 17, 2017 Meeting Minutes
    3. Employment Changes
    4. Sheriff’s Office: Request to Surplus Vehicles
    5. Weights and Measures: Sept 16 to Oct 15, 2017 Monthly Report
    6. County Treasurer: September 2017 Monthly Report
    7. County Engineer:
      1. Department Head Report
      2. Pay Request #30 Highway 41 Expansion T.I.F. for the sum of $16,852.50
      3. Pay Request #1 Phoenix Commerce Center T.I.F. for the sum of $375.00
      4. Waver of Mineral Interest for Green River Road Phase 6- Parcel 20
  1. Adjournment

State Lawmaker Looks To Ease Voter Accessibility

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 The interim study committee on elections approved their final report on Wednesday. Lawmakers made their final recommendation: look into clearing the voter rolls.

One lawmaker is now speaking out about the matter. Democrat Ryan Hatfield serves on the committee, but he feels like the committee didn’t go far enough. One thing left off of the final report was easing absentee voting laws. As it stands right now, Hatfield says Indiana is one of the few states that still requires an excuse when mailing in an absentee ballot.

Kentucky Receives Extension to Meet Federal Standards for State I.D.

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Kentucky Receives Extension to Meet Federal Standards for State I.D.

 The Department of Homeland Security has granted Kentucky nearly a year long extension to comply with federal standards for state identification. Now, Kentuckians will not face restrictions when entering federal building or boarding planes while using state issued I.D.

Over 10 years ago, congress mandated states replace resident driver licenses with identification that is more difficult to forge. Kentucky failed to meet the October 10th deadline and received an extension until October 10th of 2018.

According to the State’s Department of Public Affairs Office, Kentucky I.D.s meet federal regulation. However, security measures fail to meet standards signed by President Bush in 2005. Some issues include buildings where licenses are made lack proper monitoring equipment and do not have keypad entry.

Kentucky has yet to release a timeline or plans for meeting these federal regulations.

John Werne

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Supreme Court: Community Corrections Can’t Revoke Good Time Credit

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Olivia Covington for www.theindianalwyer.com

Directors of community corrections programs do not have authority to revoke inmates’ good time credit as a disciplinary measure because the Indiana Department of Correction has not yet delegated that authority to community corrections programs, the Indiana Supreme Court ruled Friday. The decision reversed rulings in the trial court and Court of Appeals.

That decision in Richard D. Shepard v. State of Indiana, 84S01-1704-CR-190, came after the director of the Vigo County Community Corrections program deprived Richard Shepard of 225 days of good time credit. The deprivation was the result of Shepard, who was convicted on a drug charge, violating several community corrections rules, such as leaving the facility to go to work, but not immediately returning when he was informed that he was not needed at work.

As a result, the Vigo Superior Court ordered Shepard to be recommitted to the Indiana Department of Correction to serve the balance of his 11-year sentence. Though he was entitled to 190 days of good time credit, the trial court determined that the deprivation of the 225 days zeroed out his good time credit balance. The Indiana Court of Appeals affirmed that decision in January, finding the community corrections director did not lack authority to revoke the good time credit.

But the Indiana Supreme Court disagreed, with Justice Steve David writing Friday that Indiana Code section 35-38-2.6-6(d) would allow a community corrections program to deprive credit if given specific authority by the DOC, but no such authority has been given yet in Indiana.

“In fact, our legislature has provided for the deprivation of good time credit for offenders directly placed in community corrections, but that statute does not expressly give the community corrections director such authority,” David wrote. “Rather, the statute provides that ‘a person who is placed in a community corrections program under this chapter may be deprived of earned good time credit as provided under rules adopted by the department of correction under IC 4-22-2.’ … However, in the absence of such delegation, only the D.O.C. is empowered to deprive an offender directly placed into a community correction program of earned credit time.”

David wrote the court had no reason to believe DOC couldn’t promulgate such a rule, “But for reasons not known to us, the D.O.C. has yet to delegate such authority. Accordingly, the program director here was without authority to deprive Shepard of earned credit time, notwithstanding Shepard’s violations.

Thus, the case was remanded for the trial court to recalculate Shepard’s earned credit time to include the 190 days he earned while serving in the work-release program.

AG Curtis Hill participates in $120 million settlement with General Motors over defective ignition switch

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Indiana’s share of funds is approximately $2.1 million

Attorney General Curtis Hill announced today a $120 million settlement with General Motors Company (“GM”) over allegations GM concealed safety issues related to ignition-switch-related defects in GM vehicles.

The settlement, reached between the attorneys general of 49 states and the District of Columbia and General Motors Company (“GM”), concludes a multistate investigation into the auto manufacturer’s failure to timely disclose known safety defects associated with unintended key-rotation-related and/or ignition-switch-related issues in several models and model years of GM vehicles.

“Corporate irresponsibility puts real people at risk,” Attorney General Hill said. “This failure by GM to disclose known safety issues is inexcusable. We expect our corporate citizens to serve customers with integrity and forthrightness rather than shoddiness and deception.”

In 2014, GM issued seven vehicle recalls in response to unintended key-rotation-related and/or ignition-switch-related issues, which have affected more than 9 million vehicles in the United States. The recalls involved a defective ignition switch which, under certain conditions, could move out of the “Run” position to the “Accessory” or “Off” position. If this occurs, the driver experiences a loss of electrical systems, including power steering and power brakes. If a collision occurs while the ignition switch is in the “Accessory” or “Off” position, the vehicle’s safety airbags may also fail to deploy, increasing the risk of serious injury or death in certain types of crashes in which the airbag was otherwise designed to deploy.

As the states alleged, certain employees of GM and General Motors Corporation (which went through bankruptcy in 2009) knew as early as 2004 that the ignition switch posed a safety defect because it could cause airbag non-deployment. However, despite this knowledge, GM personnel decided it wasn’t a safety concern and delayed making recalls. GM continued to market the reliability and safety of its motor vehicles that were equipped with this defective ignition switch.

The states alleged that these actions were unfair and deceptive and that the automaker’s actions violated state consumer protection laws.

Under a consent judgment, GM shall:

  • Not represent that a motor vehicle is “safe” unless they have complied with the Federal Motor Vehicle Safety standards applicable to the motor vehicle at issue.
  • Not represent that certified pre-owned vehicles that GM advertises are safe, have been repaired for safety issues, or have been subject to rigorous inspection, unless such vehicles are not subject to any open recalls relating to safety or have been repaired pursuant to such a recall.
  • Instruct its dealers that all applicable recall repairs must be completed before any GM motor vehicle sold in the U.S. and included in a recall is eligible for certification and, if there is a recall on any certified pre-owned vehicle sold in the U.S., the required repair must be completed before the vehicle is delivered to a customer.

GM also agreed to pay the participating attorneys general a total of $120 Million, of which Indiana’s share is $2,092,425.33.

In addition to Indiana, the multistate group – led by Ohio, South Carolina, Connecticut, Florida, Maryland, Michigan, New Jersey, Pennsylvania and Texas – includes  Alabama, Alaska, Arkansas, California, Colorado, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, Wisconsin and Wyoming.

PEF and EVSC Announce Summer Musical 2018 – Their 30th Annual Production Title Sponsor: Old National Bank

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The Public Education Foundation and Evansville Vanderburgh School Corporation are pleased to announce their 30th annual Summer Musical:  HELLO, DOLLY! to be presented July 12-15, 2018 in the Aiken Theatre at Old National Events Plaza in downtown Evansville.  Show times are July 12, 13 and 14 (Thurs. – Sat.) at 7:00 p.m. and Sunday, July 15 at 2:00 p.m.

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HELLO, DOLLY!, the blockbuster Broadway hit, bursts with humor, romance, high-energy dancing, and some of the greatest songs in musical theater history. The romantic and comic exploits of Dolly Gallagher-Levi, turn-of-the-century matchmaker and “woman who arranges things,” are certain to thrill and entertain audiences again and again.

The show’s memorable songs include “Put On Your Sunday Clothes,” “Ribbons Down My Back,” “Before the Parade Passes By,” “Hello, Dolly!,” “Elegance,” and “It Only Takes a Moment.”*

Indiana Federal Court Historical Film Now Available Online

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IL for www.theindianalawyer.com

A historical documentary on the federal courts in Indiana is now available to view in full online.

“And Justice for All: Indiana’s Federal Courts,” is made available online by the Historical Society of the U.S. District Court for the Southern District of Indiana. The new documentary explores the history of the federal judiciary in Indiana and was commissioned in celebration of the bicentennial of Indiana’s federal courts.

The hour-long film, along with a 74-page teacher’s guide, are available free of charge on the Southern District’s website. As an educational tool, the film is recommended for students in grades 8-11. The documentary includes re-enactments that focus on three landmark cases in the history of Indiana’s federal judiciary:

• Ex parte Milligan, in which Indiana’s federal court played a role in answering the Constitutional question of whether a military tribunal can try civilians when civilian courts are operational. This Civil War-era case made its way to the Supreme Court of the United States.

 

• The bombing conspiracy case United States v. Ryan, et al., involving members of the Indianapolis-based International Association of Bridge and Structural Iron Workers, who were prosecuted for their roles in conspiring to bomb their way to the bargaining table. The bombing campaign resulted in the deaths of 21 people at the The Los Angeles Times and thousands of dollars in property damage. The 1912 conspiracy trial lasted three months and brought international media attention to Indianapolis.

• The Indianapolis Public Schools desegregation case United States v. Board of School Commissioners of the City of Indianapolis, which began in 1968 and continued until 2016, when the busing order of Judge S. Hugh Dillin finally expired.

The film debuted this year after production began in July 2016. The film was produced by Gudaitis Production, a documentary and educational film production company, led by David Gudaitis, Ph.D., Alan Backler, Ph.D., and Larry Laswell, M.A. The film was made possible by the contributions of members and sponsors of the Historical Society of the United States District Court for the Southern District of Indiana, an Indiana Historical Society Heritage Support Grant made possible by Lilly Endowment Inc., the Indiana Bar Foundation, and the R. B. Annis Educational Foundation.

Deadline Approaching for Internship Applications

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Internship applications due Oct. 31

Adopt A Pet

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Chloe is a 4-year-old female gray & white tuxedo! She was originally adopted from VHS and then returned. Her adoption fee is $15 through October 31st. She is ready to go home today spayed, microchipped, and up-to-date on her vaccines. Contact Vanderburgh Humane at (812) 426-2563 or vhslifesaver.org for details!

 

Indiana State Police Partners with the DEA for the 14th Drug Take Back Day

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On Saturday, October 28, 2017 the Drug Enforcement Administration (DEA) is sponsoring the 14th nationwide “Prescription Drug Take Back” initiative.  The “Take Back” initiative seeks to prevent prescription drug abuse and theft through proper disposal of prescription drugs.

Collection sites will be set up nationwide for expired, unused, and unwanted prescription drugs which will be properly disposed of without threat to the environment.  This program is for liquid and pill medications.  Needles, new or used, will not be accepted for disposal.  This service is free and anonymous with no questions asked.

Last April Americans turned in 450 tons (900,000 pounds) of prescription drugs at almost 5,500 sites operated by the DEA and more than 4,200 of its state and local law enforcement partners.  Overall, in its 13 previous Take Back events, DEA and its partners have taken in over 8.1 million pounds—more than 4,050 tons—of pills.

This initiative addresses a vital public safety and public health issue.  Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs.  Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. In addition, Americans are now advised that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—both pose potential safety and health hazards.

Once again, the Indiana State Police are pleased to partner with the DEA, and as in the past, the drugs may be dropped off at any Indiana State Police Post, except the Toll Road Post.  The event will be on Saturday, October 28th, between the hours of 10:00 a.m. and 2:00 p.m.

Also, the Indiana State Police will host a drop off site on Friday, October 27th, from 11:00 a.m. to 1:00 p.m. inside the Indiana Government Center North public entrance off of Robert Orr Plaza in Indianapolis.  This is between the government north and south buildings, immediately west of the State Capitol building.

To locate the state police post closest to your home or business, click this link for Indiana State Police on the Map.

To find other locations in Indiana or across the U.S. that are participating in the Drug Take Back initiative, click this link to the DEA.

The Drug Take Back events are the safe, popular and responsible way for the public to legally and dispose of prescription drugs. No questions asked.