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Evansville HydroFestâ„¢ to Provide Accessible Parking and Viewing for Race Fans with Disabilities

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Organizers of this Labor Day Weekend’s Evansville HydroFest™ will provide free parking in an area reserved for attendees with disabilities. The lot will be located on Main St. between First St. and Second St. Also offered will be a raised viewing area for race fans in wheelchairs. Those wishing to sit in the designated section are asked to use the Main St. Admission Gate near Old National Bank. A $10 Evansville HydroFest™ Admission Wristband is required. The Admission Wristband admits ages 13 and up to all three days of racing. Ages 12 and under are free. For those 21 and above, the Wristband includes admission to the Concert & Beer Garden at Tropicana’s Outdoor Events Plaza, Friday and Saturday, 6:00 pm to midnight.

The design, fabrication, and construction of the raised platform was donated by local volunteers. According to Director of Operations, Vernon Stevens, “Evansville HydroFest™ is a world-class event drawing teams from throughout the United States and Canada. Everyone deserves the pleasure of enjoying hydroplane racing, and we are marking certain everyone can.”

Teams will race on the Ohio Riverfront in Downtown Evansville, Friday September 1st, Saturday September 2nd, and Sunday September 3rd, 2017. For event schedules visit www.evansvillehydrofest.com.

Evansville HydroFest™ will host the American Power Boat Association’s Eastern Divisional Championships on Saturday, and North American Championships on Sunday.

Purchase Admission Wristbands at all six Evansville-area Schnuck’s stores, nine Heritage Federal Credit Union locations, the Evansville Museum of Art, History and Science, and SWIRCA until August 31st.  Starting September 1st, Admission Wristbands will be available at Riverside Dr. Admission Gates: Court St. attended by CASA, Main St. attended by SWIRCA, and Cherry St. attended by the Evansville Museum Guild. For each $10, the non-profit group earns $2 to further its positive impact on our City.

Evansville HydroFestâ„¢ is presented by Evansville Events, Inc., a 501c3 non-profit entity of the Evansville Convention and Visitors Bureau. Bob Warren is Executive Director. Serving on the Executive Organizing Committee are Vernon Stevens, President of Southern Business Machines and Randy Lientz, President of AXIOM. Warren, Stevens, and Lientz all reside in Evansville.

Adopt A Pet

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Dorito is an 8-year-old male orange tabby. He’s a “senior” ready to “graduate” into his new home! This dude is very laid-back and likes other cats. His $30 adoption fee includes his neuter, microchip, vaccines, and FeLV/FIV test. Contact Vanderburgh Humane at (812) 426-2563 or adoptions@vhslifesaver.orgfor details!

COA reverses summary judgment on small claims complaint

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Olivia Covington for www.theindianalawyer.com

The Indiana Court of Appeals has reversed summary judgment for a Marion County couple on a small claims appeal after determining the woman who brought the appeal against the couple did not violate local rules in filing the appeal.

In Karin Schwab v. Kyle Morrissey, et al, 49A02-1612-PL-2746, Karin Schwab filed a small claims complaint against Kyle and Jamie Morrissey in May 2011 alleging they had “made willful and deliberate misrepresentations regarding the central air conditioning in the property they sold to her.” The case was moved from the Washington Township division to the Franklin Township division, which entered judgment in favor of the Morrisseys on Sept. 22.

Schwab then filed the same complaint in Marion Superior Court on Nov. 18, and both parties eventually moved for summary judgment. Schwab moved to strike the Morrisseys’ motion as untimely, which the trial court granted.

The Morrisseys then filed a motion to dismiss, alleging Schwab failed to file a “petition to appeal” the small claims court judgment in the trial court — rather than merely repleading her original claims — as they claimed local court rules required. The couple also argued the small claims court had failed to certify and transmit the record of its proceedings to the trial court.

The Marion Superior Court court granted the Morrisseys’ motion to dismiss with prejudice and denied Schwab’s motion to correct error, finding that because “the procedures precedent to filing a cause of action which comes to the Marion Superior Court from the Small Claims Court of Marion County were not fulfilled, the underlying action was dismissed. To rule otherwise would eviscerate the Marion County Local Rules on Small Claims Court cases and render Small Claims courts ineffective.”

Schwab’s pending motion for summary judgment was then denied as moot, so she appealed, arguing the trial court’s decision was erroneous. The Indiana Court of Appeals agreed, with Judge Mark Bailey writing in a Friday opinion that the trial court failed to show which local appellate procedure Schwab failed to follow.

“Moreover, it is not clear from the face of the local rule itself that an appeal of the small claims court judgment is initiated in the superior court in any way other than through the filing of a complaint,” Bailey wrote. “Although the Morrisseys contended in their motion to dismiss that this rule requires an appealing party to file a ‘petition to appeal,’ they make no mention of that contention on appeal and therefore waived it.”

Waiver notwithstanding, the appellate court found local rules only require an appealing party to file in the superior court a new complaint that repleads “in its entirety” the claims raised in the small claims action, which must be done within 20 days of the case being docketed in the Marion Superior Court and within 60 days of the small claims judgment.

Because Schwab met those requirements, she fulfilled all that was asked of her in the local rule, so the Morrisseys failed to make a prima facie showing that they are entitled to judgment as a matter of law, Bailey said. Thus, the entry of summary judgment in their favor was reversed.

CHANNEL 44 NEWS: Vigil Held on 22nd Anniversary of Disappearance of Heather Teague AUGUST 27TH, 2017 

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Saturday marks the 22nd anniversary of the day Heather Teague disappeared from Newburgh beach in Henderson.

Her mother, Sarah Teague, held a vigil for Heather.

She has not stopped searching for her daughter since her disappearance.

Earlier this month, she started an online petition to figure out what happened to her daughter.

She’s also urged Kentucky Governor Matt Bevin to look over the FBI files and other information pertaining to her daughter’s case from 1995.

“I just need signatures on this petition and just pray because like I say, God’s revealing so much and we know Heather is coming home,” said Teague. “We know without a doubt we’re going to have the truth and Heather’s coming home.”

The FBI declared Heather legally dead on October 22nd, 2007 even though her body has not yet been found.

City Council Meeting August 28, 2017

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MEETING AGENDA AUGUST 28, 2017
ROOM 301, CIVIC CENTER 5:30 P.M.

VISIT EVANSVILLE.IN.GOV/ACCESSEVC TO VIEW LIVE AND ARCHIVED MEETINGS, PENDING ORDINANCES, RESOLUTIONS, AND MEETING MEMORANDA

CITY OF EVANSVILLE COMMON COUNCIL

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-2017-23

Sponsor(s): Discussion Led By: Notify:

ORDINANCE F-2017-16

Sponsor(s): Discussion Led By: Notify:

An Ordinance Amending Chapter 8.05, Article VII (Lead Poisoning) of the Evansville Municipal Code
Adams
A.S.D. Chair Brinkmeyer 9/11/2017

Joshua Claybourn, City Council Attorney

An Ordinance of the Common Council of the City of Evansville Authorizing Repeal and Re-appropriations within the Department of Metropolitan Development
McGinn
Finance Chair McGinn 9/11/2017
Kelley Coures, DMD

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

ORDINANCE G-2017-17

Sponsor(s): Discussion Led By: Notify:

An Ordinance Amending Section 10.15.080 (Parking) of the Evansville Municipal Code
Mosby
A.S.D. Chair Brinkmeyer 8/28/2017

Officer Eric Krogman, Evansville Police Dept.

ORDINANCE G-2017-21

An Ordinance to Vacate Erie Avenue Right of Way through Devonshire Gardens, Reservations and Easements for Erie Avenue Right of Way in and through Devonshire Gardens, and an Unnamed Unimproved Roadway Running East/West from Hoosier Avenue to Erie Avenue as Described in Misc. Rec. 50, Page 395, Deed Rec. 221, Page 435; Deed Record 201, Page 522; Deed Rec. 160, Page 583; Deed Drawer 1, Card 425; Deed Rec. 156, Page 440; Deed Rec. 159, Page 539; Deed Drawer 1, Card 15708; Deed Drawer 1, Card 15707 and Deed Drawer 1, Card 16962, Which May Not Represent All Documents Describing this Right of Way
McGinn
Public Works Chair Weaver 8/28/2017
Bret Sermersheim, Morley

An Ordinance Amending Chapter 5.70 (Contractor Licensing) of the Code of Ordinances
Adams
A.S.D. Chair Brinkmeyer 8/28/2017

Marco DeLucio, ZSWS

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 McGinn
Finance Chair McGinn 8/28/2017
Russ Lloyd, Jr., City Controller

An Ordinance of the Common Council of the City of Evansville Authorizing the Issuance of Multifamily Housing Revenue Bonds of 2017 (EHA RAD IV Project)
McGinn

Finance Chair McGinn 8/28/2017 Kelley Coures, DMD

A Resolution Approving an Agreement Between the City of Evansville and Vanderburgh County Regarding the Distribution of Funds Received from the 2017 Local Byrne Justice Grant Program Award Council as a Whole

8/28/2017 Sgt. Trudy Day, Evansville Police Dept.

Sponsor(s): Discussion Led By: Notify:

ORDINANCE G-2017-22

Sponsor(s): Discussion Led By: Notify:

ORDINANCE F-2017-14 AMENDED

Sponsor(s): Discussion Led By: Notify:

ORDINANCE F-2017-15

Sponsor(s): Discussion Led By: Notify:

VIII. RESOLUTION DOCKET RESOLUTION C-2017-20

Sponsor(s): Resolution Docket Notify:

RESOLUTION C-2017-21

Sponsor(s): Resolution Docket Notify:

A Resolution Supporting an Independent Redistricting Commission for the State of Indiana
Mosby

8/28/2017 Joshua Claybourn, City Council Attorney

IX. MISCELLANEOUS BUSINESS

  1. THE NEXT MEETING of the Common Council will be Monday, September 11, 2017 at5:30 p.m.
  2. CITY BUDGET HEARINGS are scheduled at 3:30 p.m., Monday, August 28 – ThursdayAugust 31 in Room 301.
  3. ADDITIONAL MISCELLANEOUS BUSINESS

X. COMMITTEEREPORTS

RESOLUTION C-2017-04

Sponsor(s): Discussion Led By: Notify:

XI. ADJOURNMENT

A Resolution of the Common Council of the City of Evansville Confirming the Property Tax Phase-In for Redevelopment/Rehabilitation of Real Property – Eastland Station, LLC managed by Phillips Edison & Company, 1500 North Green River Rd., Evansville, IN

McGinn
Finance Chair McGinn 9/25/2017 5:25 p.m. Andrea Lendy, Growth Alliance

Man Sentenced In Southwest Indiana Crash That Killed Girl

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Man Sentenced In Southwest Indiana Crash That Killed Girl

IL for www.theindianalawyer.com

A young man has been sentenced to 10 years in prison in a head-on collision that killed a 15-year-old girl in southwestern Indiana.

WFIE-TV reported 19-year-old Osiel Marroquin learned his punishment in Booneville Thursday after pleading guilty last month to charges including causing death while driving intoxicated. Marroquin said that he doesn’t remember details from the night of the crash and apologized.

He was charged after the Dec. 17 crash along Indiana 62 that killed Skylar Robinson. The Boonville High School student was one of two passengers in a car hit head-on by Marroquin’s sport-utility vehicle. The other passenger, an 18-year-old woman, suffered a traumatic brain injury.

Police say Marroquin was driving the wrong way along Indiana 62 in Warrick County. The Robinson family wants tougher laws for drunken driving cases.

WHITE HOUSE STAFF

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Gretta Holds Off Milo To Become Ellis Park’s Top Dog

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‘It was unclear who crossed the finish line first, so I couldn’t believe it was actually her. I was like, ‘Oh, wow. This is a great day’ — Becca Patton
HENDERSON, Ky. (Saturday, August 26) — Winning for the second time in a row, Gretta is Ellis Park’s top dog for 2017.
The 10-pound chestnut Dachshund bested seven rivals, touring the course in 11 seconds flat to nip Milo Seals to capture the Wiener Dog Derby before an enthusiastic Ellis crowd enjoying picture-perfect weather. It was quite the turnaround from a year ago, when Gretta went the wrong direction out of the gate and didn’t finish the race. Gretta also prevailed in her Aug. 12 qualifier for the 2017 final.
Daphne Rose Haynes and Ellie Smiley established a commanding lead over the field but veered off the track late and didn’t cross the wire. Gretta inherited the lead, with Milo closing late to make it a dog race.
“All the dogs were much faster this time,” said winning owner Becca Patton of Evansville. “It was unclear who crossed the finish line first, so I couldn’t believe it was actually her. I had no idea. When I heard she won, I was like, ‘Oh, wow. This is a great day.’ I was just happy to be here. I think everybody is hoping, but I just never thought she would actually win. It’s just a lot of fun. We’ve had a great time.
“We practiced a little more this year, and it paid off.”
Asked by Ellis paddock analyst how Gretta would handle her newfound fame, Patton said, “She’ll probably just see sleep a lot. Still.”
Molly and Tyler Seals of Mt. Carmel, Ill., said they were proud of Milo, who had been second in his Aug. 5 qualifier to make the championship title.
“He’s worn out,” Tyler said.
Link to Wetransfer video link of race, followed by brief interview with Molly and Tyler Seals, owners of runner-up Milo, and Becca Patton, owner of victorious Gretta.

‘Galloping Grandma’ Sue Martin Going Strong At Age 63; Part Of Fund-Raising Event Sunday To Raise Money For PDJF

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‘They really do respect her. I don’t think they give her anything. They don’t give her any more than they would anyone else,’ Wayne Martin on his wife
 
HENDERSON, Ky. (Saturday, August 26, 2017) — They call her the Galloping Grandma. But that doesn’t do Sue Martin justice. The jockey recently became a great-grandmother for the seventh time, with another on the way.
Martin, mother of seven and grandmother of 18, is 63. She didn’t ride any races Friday afternoon. But that morning at Ellis Park she got on 10 horses in training and took racehorses to the post in the afternoon. On August 13, she won Ellis’ first race aboard Golden Fire Fly, trained by her husband, Wayne Martin. The victory gave Sue her second of 2017, to go with one at Tampa Bay Downs, the most races she’s won in a year since capturing four in 1990, after which she quit riding racehorses for 17 years while raising their youngest child.
“It’s absolutely amazing,” Martin said. “It’s all in the Lord’s hands. When I win a race, it’s something God has orchestrated, because I just go along with whatever His plan is…. When I’m blessed with a win, I know it’s a blessing from the Lord.”
She added with a laugh, “It’s nothing I did because I’m such a great jockey. I’m just hanging on. The horse, my husband and the Lord, they get the credit. I’m just along for the ride.”
Martin will be among the jockeys interacting with the public Sunday as Ellis Park celebrates PDJF Day to raise money for the Permanently Disabled Jockeys Fund. Activities will take place between the paddock and the paddock pavilion, including jockey autograph sessions throughout the races and a dunk tank where fans can throw balls to drop jockeys, paddock analyst Joe Kristufek and other brave souls into the water.
Raffle tickets will be sold for cool jockey and racing memorabilia, including a saddle with the jockeys’ autographs. Fans will be able to purchase for a $5 donation a group photo of the Ellis jockey colony, PDJF t-shirt or jockey goggles to get signed by riders.
Martin officially began riding in 1973. She’s had very limited opportunities throughout her career, while also racing quarter horses, Appaloosas and Arabians during which time she earned the nickname Crazy Sue. During her 17-year hiatus, she did compete in 25-mile endurance races in Florida, where the Martins spent winters breaking babies.
How tough is Martin? She delivered her first two children at the hospital but didn’t like getting anesthesia. So she had the next four at home, with Wayne overseeing delivery. She had one more child at the hospital. An hour later, she was at Taco Bell with Wayne picking up dinner for the kids at home. Who wants to cook after you’ve just had a baby? One year, she was working as an exercise rider in New York for Johnny Campo up until her eighth month of pregnancy.
“I think it’s great that she can still do it,” Wayne Martin said. “I don’t push my owners to ride her, because it’s not right, just because she’s galloping them and she’s my wife. Sometimes it’s a first-time starter, I say, ‘Let Sue right the horse.’ Because then I can learn what’s going on with the horse. She can come back and tell me a lot more (than other riders).
“… They really do respect her. I don’t think they give her anything. They don’t give her any more than they would anyone else.”
Said Sue: “And I don’t ask for anything. If I can’t go out there and ride with them, I’ll just gallop. I’ll quit riding. It’s not fair to expect them to get out of my way or leave the rail open. It’s a horse race. Everybody is in it to win.”
How long does she expect to ride?
“As long as the Lord wants me to,” she said. “Every time I get on a horse I say, ‘Lord, one more time. Here we go!’”
McMahon sidelined for Saturday; back riding Sunday
Jockey C.J. McMahon, who in Friday’s fifth race gained his first victory at Ellis since his recent return to the Kentucky circuit after four years away, missed riding Saturday after a horse flipped on him at Churchill Downs during morning training. His agent, Joe Santos Jr., said McMahon actually worked another horse after the mishap but found his ankle a bit swollen when he removed his boot. He said McMahon had it checked out by a doctor, who told the jockey to ice it down and the ankle will be fine.
“He’ll be good to ride Sunday,” Santos said.
McMahon, now almost 23, set a Lone Star Park record for wins (98) in a season last summer. He rode at Gulfstream Park’s summer meet this year for the time before moving on to Kentucky at the suggestion of trainer John Hancock. This is McMahon’s second go-round in Kentucky, having ridden here and Indiana for a few months in 2013 after launching his career to great fanfare in 2011 in his native Louisiana. He has won more than 200 races each of the past two seasons.
McMahon, the son of former quarter-horse jockey Charles McMahon, missed out on the bush-track era in Louisiana’s famed Cajun Country. But he still got up at 4:30 in the mornings to feed horses, muck stalls, galloping 12 horses, grooming them and then going to school. The jockey says he’s a different person than when he rode in Kentucky as a 17-year-old, when he at times struggled to handle success in an adult fashion.
“I have a goal, my focus,” he said. “My whole outlook, not just on horse racing, but life in general. I want to do well for my family. I watched my mom do three jobs to put my brother and myself through school…. Don’t stop believing in yourself, keep pushing forward. But it’s all part of growing up, and just being young. I had an attitude, kind of had a big head. But I’m grounded now. I’m humble and thankful God gave me another shot.”
Saez finishing meet strong
Gabriel Saez also has returned to Kentucky after five years away while riding in Delaware and New York. Saez won Saturday’s first race on the Wes Hawley-trained Cape Diva to take over third in the Ellis standings with 14 victories.
“Business is coming along, trying to get on better horses and win a few more races and finish up strong,” he said. “I went to New Orleans over the winter and was riding for most of the people here in Kentucky. I decided just to come and give it a try again. It’s been a good, successful summer. I’d just like to keep it up. I’ve been riding a bit for everybody, including Steve Asmussen again. I’m thankful for the opportunities I’ve been getting again.”
Albarado, Hernandez gone Saturday to ride at Saratoga
Robby Albarado and Brian Hernandez were at Saratoga Saturday to ride in the Travers Stakes; Albarado on Grade 1 Haskell winner Girvin and Hernandez on McCraken, who finished a nose back in the Haskell.
“He’s doing so good, the horse, training-wise,” Albarado said of the Joe Sharp-trained Girvin, the Louisiana Derby winner under Mike Smith. “He worked his best work the other day, from what Joe said. He worked in 59 (for five-eighths of a mile), just so easy and within himself. He’s going into the Travers in his best form. I tell you, I wouldn’t trade places with anyone.”
The Haskell was the first time Albarado rode Girvin, who finished 13th in the Kentucky Derby in his only finish worse than second.

Otters edge out Miners to take series

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MARION, Ill.- The Evansville Otters needed only four runs to take the series against the Southern Illinois Miners 4-3 on Saturday.

Evansville (50-39) moved to 11 games above .500 for the first time since sweeping Traverse City on July 27.

Southern Illinois (35-53) had runners on first and second in the ninth inning but Otters close Randy McCurry recorded his 16th save to seal the victory.

For the second day in a row, the Otters scored two runs in the first inning. Alejandro Segovia belted a two-RBI single off the left field wall to score Ryan Long and Josh Allen.

Evansville extended their lead in the fifth inning on a two-RBI double from Dane Phillips to make it 4-0. It was Phillips’ second double of the night and 32nd of the year, putting him just three away from breaking the single season record for Evansville.

In the bottom of the fifth, a bases loaded walk for Southern Illinois’ Romeo Cortina brought in Craig Massey to make it 4-1.

The Miners scored again in the sixth as an error by Alejandro Segovia allowed Craig Massoni to cross the plate. A sacrifice fly from Ben Moore scored Massey for the second time to make it 4-3.

Otters pitching dominated for most of the night.

Hunter Ackerman recorded his eighth win of the year going five inning and striking out seven. Ackerman did get hit by a hard ground ball, but was able to continue in the fifth inning.

Zach Cooper recorded the loss for the Miners.

The Otters will look for the sweep of Southern Illinois on Sunday. First pitch is set for 5:05 p.m. at Rent One Park.

Fans can listen on 91.5 WUEV with Lucas Corley providing play-by-play coverage.

Tickets for August home games are still available by going to evansvilleotters.com or calling 812-435-8686.