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City Council Meeting Agenda For September 25, 2017

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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-2017-28

Sponsor(s): Discussion Led By: Notify:

ORDINANCE G-2017-29

Sponsor(s): Discussion Led By: Notify:

ORDINANCE G-2017-30 AMENDED
Sponsor(s):
Discussion Led By: Notify:

ORDINANCE G-2017-31 AMENDED
Sponsor(s):
Discussion Led By: Notify:

RESOLUTION C-2017-23 AMENDED
Sponsor(s):
Discussion Led By: Notify:

An Ordinance Amending Chapter 5.70 (Contractor Licensing) of the Code of Ordinances
Brinkmeyer
A.S.D. Chair Brinkmeyer 10/9/2017

Marco DeLucio, ZSWS

An Ordinance Amending Chapter 15.05.470 (Building and Construction Fee Schedule) of the Code of Ordinances Brinkmeyer
A.S.D. Chair Brinkmeyer 10/9/2017

Marco DeLucio, ZSWS

An Ordinance Amending Chapter 13.05 (Sewers) of the Evansville Municipal Code
Elpers, Brinkmeyer
Public Works Chair Weaver 10/9/2017

Marco DeLucio, ZSWS

An Ordinance Amending the Code of Ordinances (Residential Water Wells and Geothermal Heat Pump Systems)
Elpers, Brinkmeyer
Public Works Chair Weaver 10/9/2017

Marco DeLucio, ZSWS

Resolution on Ordinance Modifying the Public Safety Component of the Expenditure Rate in Vanderburgh County
Mosby, McGinn, Weaver, Mercer, Adams
Finance Chair McGinn 10/9/2017

Joshua Claybourn, City Council Attorney

RESOLUTION C-2017-24

Sponsor(s):

Discussion Led By:

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

ORDINANCE G-2017-24

Sponsor(s): Discussion Led By: Notify:

ORDINANCE G-2017-25

Sponsor(s): Discussion Led By: Notify:

ORDINANCE G-2017-26

An Ordinance Fixing the Salaries of Every Appointive Officer, Employee, Deputy, Assistant, Departmental and Institutional Head of the City of Evansville and the Evansville-Vanderburgh County Levee Authority for the Year 2018 and Establishing Salary Administration Procedures
McGinn
Finance Chair McGinn 9/25/2017
Russ Lloyd, Jr., City Controller

An Ordinance to Vacate Certain Public Ways or Public Places within the City of Evansville, Indiana, Commonly Known as an Alleyway Lying West of Grove Street and South Dresden Street
Brinkmeyer

Public Works Chair Weaver 9/25/2017 Maria Bulkley, Kahn, Deese, Donovan & Kahn, LLP

An Ordinance to Vacate Part of North Fourth Avenue (former Walker Street) between Blocks 110 and 111 and Part of Canal Street in Lamasco, Now Part of the City of Evansville, as per Plat thereof, Recorded in Deed Record E, Pages 372, 373 and 374 and Transcribed of Record in Plat Book B, Pages 6 and 7 and as per Corrected Plat Recorded in Deed Record G, Pages 286 and 287 and Transcribed of Record in Plat Book A, Pages 156 and 157 and Re- Transcribed of Record in Plat Book E, Pages 34 and 35, Which May Not Represent All Documents Describing Said Right of Way Brinkmeyer

Public Works Chair Weaver 9/25/2017 Bret Sermersheim, Morley

Sponsor(s): Discussion Led By: Notify:

Resolution in Support of I-69 Central Corridor 1 for Ohio River Crossing
Mosby
President Mosby 10/9/2017

Joshua Claybourn, City Council Attorney

ORDINANCE F-2017-17 AMENDED

Sponsor(s): Discussion Led By: Notify:

ORDINANCE F-2017-18

Sponsor(s): Discussion Led By: Notify:

ORDINANCE F-2017-19

Sponsor(s): Discussion Led By: Notify:

ORDINANCE F-2017-20

Sponsor(s): Discussion Led By: Notify:

ORDINANCE F-2017-21

Sponsor(s): Discussion Led By: Notify:

An Ordinance of the Common Council of the City of Evansville, Indiana Fixing the Salaries of Elected Officials for the City of Evansville, Indiana for the Year 2018
Council as a Whole

Finance Chair McGinn 9/25/2017 Russ Lloyd, Jr., City Controller

An Ordinance of the Common Council of the City of Evansville, Indiana Appropriating Monies for the Purpose of Defraying the Expenditures of Departments of the City Government for the Fiscal Year Beginning January 1, 2018

McGinn
Finance Chair McGinn 9/25/2017 Russ Lloyd, Jr., City Controller

An Ordinance of the Common Council of the City of Evansville, Indiana Appropriating Monies for the Purpose of Defraying the Expenditures of Evansville-Vanderburgh Levee Authority District for the Fiscal Year Beginning January 1, 2018

McGinn
Finance Chair McGinn 9/25/2017 Russ Lloyd, Jr., City Controller

An Ordinance of the Common Council of the City of Evansville Approving and Adopting the 2018 Budget for the Port Authority of Evansville
McGinn

Finance Chair McGinn 9/25/2017 Russ Lloyd, Jr., City Controller

An Ordinance of the Common Council of the City of Evansville Authorizing Transfers of Appropriations, Additional Appropriations and Repeal and Re-Appropriations of Funds for Various City Funds McGinn
Finance Chair McGinn 9/25/2017
Russ Lloyd, Jr., City Controller

RESOLUTION C-2017-04

Sponsor(s): Committee: Notify:

VIII. RESOLUTION DOCKET

RESOLUTION C-2017-25 AMENDED
Sponsor(s):
Resolution Docket Notify:

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

A Resolution Encouraging the Vanderburgh County Council to Vote on the Proposed Public Safety Local Income Tax
Elpers, Hayden

9/25/2017 Joshua Claybourn, City Council Attorney

IX. MISCELLANEOUS BUSINESS

  1. THE NEXT MEETING of the Common Council will be Monday, October 9, 2017 at5:30 p.m.
  2. ADDITIONAL MISCELLANEOUS BUSINESS

X. COMMITTEEREPORTS

XI. ADJOURNMENT

RECAP OF AVAILABLE COUNTY INCOME TAX Programs In The State Of Indiana

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RECAP OF AVAILABLE COUNTY INCOME TAX Programs In The State Of Indiana

by Wolters Kluwer -Legal & Regulatory Expert

Indiana has adopted legislation repealing the county adjusted gross income tax (CAGIT), the County Option Income Tax (COIT), the County Economic Development Income Tax (CEDIT), and the various local income taxes for special purposes and projects and combining them into a single local income tax with three rate components.

The existing local taxes are repealed effective January 1, 2017, and the taxes in effect on May 1, 2016, will be consolidated into the new law.

The Office of Management and Budget is directed to work with state agencies and county
governments to document the existing taxes and assist in the transition to the new tax. As part of the transition to the new structure, a county may not adopt any ordinances under the former taxes after June 30, 2016.  Further, an adopting body cannot take any action under the new local income taxes article before July 1, 2016, even though it is effective July 1, 2015.

There are three rate components of the reorganized local income tax: expenditure rate, property tax relief rate, and special purpose rate. The revenue collected from a rate component may be used only for the purpose established in the statute. Each rate component serves a function similar to an existing local option income tax.

The expenditure rate component may be used for school corporations and civil taxing units,certified shares, public safety, and economic development, and the rate is set at a maximum 2.5%, except for Marion County, the rate for which is 2.75%. The property tax relief component is used to fund a property tax credit to reduce property tax liabilities, and the rate is set at a maximum 1.25%.

Finally, the special purpose rate component is a distinct rate implemented for a specific purpose by a particular county and the rate can vary. Excluding the special purpose rate, the maximum local income tax rate is 3.75% for all counties except Marion County, which has a maximum rate of 4%.

Further, effective May 6, 2015, Rush County is authorized to impose a CAGIT tax rate for the construction, renovation, operation, or maintenance of a county jail. The tax rate adopted by the county can range from 0.15% to 0.6%. (P.L. 243; H.B. 1485, Laws 2015, Laws approved May 6, 2015 and effective as noted above.)

Lawmakers Hear Proposals For Increased Indigent Defense Funding

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Lawmakers Hear Proposals For Increased Indigent Defense Funding

Olivia Covington for www.theindianalawyer.com

Public defenders from across the state came to the Indiana Statehouse Thursday to share their concerns about what they see as crisis in the state’s judiciary – the increasing difficulty their offices face to comply with caseload suggestions as more and more filings hit their desks.

The public defenders, who spoke at the second meeting of the Interim Study Committee on Courts and the Judiciary, specifically focused their testimony on misdemeanor, children in need of services and termination of parental rights cases. CHINS cases have skyrocketed in recent years, but public defender agencies have struggled to find funds to increase staffing levels accordingly.

Further, the Indiana Public Defender Commission does not provide reimbursement for misdemeanor cases, which has also led to serious issues concerning excessive caseloads, Larry Landis, executive director of the Public Defender Council, told the committee. Some counties, such as Allen, have faced federal litigation as a result of caseload issues, Landis said.

Similarly, staffing in the Marion County Public Defender Agency’s CHINS department has doubled since 2013, while the CHINS caseload has increased by 104 percent, Marion County Chief Public Defender Robert Hill told the committee. The TPR caseload has likewise increased by 139 percent, he said.

As a member of the Public Defender Commission, Hill’s office must maintain the caseload maximum standards laid out by the commission, a charge that has stretched the offices finances as it tries to hire enough attorneys to keep caseloads at acceptable levels. On a similar note, Larry Hesson, a Hendricks County attorney who offered testimony on behalf of the Association of Indiana Counties, said Hendricks County recently joined the commission and will likely have to spend more money to maintain compliance with caseload guidelines.

Under current law, the Public Defender Commission is able to reimburse the 59 participating counties 40 percent for indigent defense services, but from 2001 to 2009, the commission was unable to reimburse the full requested amount from the counties. That resulted in prorating reimbursements, leading to a loss of as much as $2.7 million owed, according to data Landis provided to the committee. From 2003 to 2004, the commission was only able to reimbursement 25.1 percent of the total requests — the lowest reimbursement rate in the data Landis provided — leading to a loss of $1.4 million.

As a result of the prorating, participating counties began to view the commission’s requirements as unfunded mandates and, thus, left the commission based on their belief that the state was an unreliable funding partner. To remedy that issue, Landis set forth a proposal that would add language to existing law to allow the State Budget Agency to authorize augmentation of the Public Defense Fund. If there was authorization to supplement the fund through augmentation and counties did not have to supplement reimbursement, then more counties would likely join the commission’s reimbursement program and maintain the applicable caseload requirements, he said.

Landis further noted that when the state took over funding for the Department of Child Services, it left the burden of providing indigent defense services of parents whose children are alleged to be CHINS with the counties, yet did not provide adiditonal county funding. He also pointed to commission data that shows counties are missing out on roughly $1.9 million each quarter in reimbursement funds for misdemeanor cases, or a total of $8 million annually.
However, about $9 million in non-reverting funds have accumulated in the Public Defense Fund, Landis said. Thus, if the Legislature would remove statutory language that prohibits the commission from reimbursing misdemeanors and instead allow the commission to use the $9 million for that reimbursement, it could begin paying out from the non-reverting funds to cover the $8 million in non-reimbursed funds.

Those funds would then go into each county’s general fund, where the money could be allocated based on the county’s most pressing needs, Landis said. That need could be either CHINS cases or compliance with misdemeanor caseloads, whichever is more urgent.

Hill agreed the state is “woefully behind” on its funding for misdemeanors and called on the General Assembly to find a way to reimburse public defenders for handling those cases. He also called on lawmakers to increase the reimbursement rate for CHINS and TPR cases to 50 percent, while maintaining the 40 percent level for all other cases.

The committee did not take action on the public defenders’ proposals, but only heard testimony and asked a handful of questions. Its final meeting is scheduled for Oct. 5, when a final report will be adopted.

 

 

Women General Counsel Honored For Keeping Shideler’s Spirit Alive

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Women General Counsel Honored For Keeping Shideler’s Spirit Alive

Marilyn Odendahl for www.theindianalawyer.com

In the shadow of the first woman attorney to become a partner at a large Indiana law firm, five female general counsel of publicly traded companies were honored Thursday for their achievements not only in the legal field but also for developing other women and minorities into leaders.

The women were recognized by Barnes & Thornburg LLP at its 3rd Annual Shirley’s Legacy ceremony. Started in 2015, the law firm has annually remembered its late colleague, Shirley Shideler, by honoring female attorneys who reflect her trailblazing spirit.

Shideler first joined Barnes as a legal secretary then became the first female associate at the firm in 1963 after completing her law degree in night school. She made partner in 1971, and in 1998 became the first woman to be president of the Indiana Bar Foundation.

Although she died in 2003, she was very much a part of the evening reception. Several recalled memories of Shideler and marveled at how graciously she was able to accomplish so much for women.

“I am very blessed to be able to walk in the shoes and stand on the shoulders of someone like Shirley,” said Sharon Barner, vice president and general counsel of Cummins Inc. “I feel very fortunate that I am able to do work that I am passionate about.”

Along with Barner, the other 2017 Shirley’s Legacy honorees were Carrie Hightman, executive vice president and chief legal officer of NiSource Inc.; Cynthia Kretz, vice president and general counsel of Cook Group Inc.; Erin Roth, senior vice president, general counsel and secretary of Wabash National Corp., and Judi Sobecki, U.S. general counsel of The AES Corp.

Each were introduced to the audience by a female attorney at Barnes and presented with an award encased in glass. The women were praised for being exemplary attorneys and leaders in the companies as well as their communities. In addition, they were applauded for cultivating and mentoring the next generation of leaders, especially among women and minorities.

“We all have an obligation to help others and bring them up, whether it’s people that look like us or don’t look like us, whether people came from the same background as we did or from some other background,” Hightman said. “The more we can do that, the more that we can incorporate them in everything that we do in our jobs and in our lives, the better we’ll be in all respects.”

As the Barnes’ attorneys pointed out, being a general counsel takes hard work and is a position that has to be earned every day. The five honorees were described as excelling in their field and setting an example for all corporate legal officers to follow.

Kretz credited Shideler with shouldering a lot of the burden of getting women a place in the legal profession. And she noted that Shideler’s achievements have led to others looking beyond gender and paying more attention to what a person could do rather than who that person was.

“I have been blessed with those women and men in my career from day one who have supported and mentored me in this role,” Kretz said. “This is an opportunity not just to recognize Shirley but also everyone in this room who help each one of us help other people.”

As a young associate at Barnes & Thornburg, Roth met Shideler and was invited to some of the infamous partners’ lunches that put Shideler at the table as the lone female among the men. Roth was most impressed that the male partners treated Shideler as an equal, wanted her to succeed and were not intimidated by her intellect.

“I always looked at that as a very young attorney and thought, if I could be half of what she is, then I’ve done a really good job,” Roth said of Shideler. “Standing here and actually getting an award that has her name on it, means a great deal to me.”

Sobecki indicated the work that Shideler started is not finished. The AES executive echoed both Kretz and Hightman, saying she benefited from the support of others and she had an obligation to do the same.

“Most people who achieve any level of success in life couldn’t do it on their own,” Sobecki said. “(They) get help from the people around them and owe it to them to pay back and do everything they can to develop others, to show them the path to really achieving everything they can.”

USI Breaks Winless Streak With 2-0 Shutout

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The University of Southern Indiana women’s soccer team broke its three-game winless streak with a 2-0 shutout of the University of Wisconsin-Parkside Sunday afternoon at Strassweg Field. USI goes to 4-2-2 overall and 2-1-2 in GLVC play, while UW-Parkside ends the match 1-7-1 overall, 1-4-1 in the league.

The Screaming Eagles gained the advantage early when sophomore defender Loryn Willis (Cynthiana, Indiana) recorded her first goal of the year at 5:49. Willis was assisted on her third career goal by senior midfielder Carlie Scales (Evansville, Indiana).

USI carried the 1-0 lead through the intermission and midway through the final 45 minutes when it increased the margin to 2-0 at 59:41. Freshman defender Madelyne Juenger (Columbia, Illinois) intercepted a Ranger clearing attempt and scored the unassisted goal from the top of the box.

The goal was Juenger’s third of the season, tying freshman forward Maggie Winter (St. Louis, Missouri) and freshman midfielder Sunny Lehman (Evansville, Indiana) for the team lead in goals scored.

Between the posts, junior goalkeeper Emily Hopkins (Greenfield, Indiana) picked up her fourth win and third shutout of the season. Hopkins blanked the Rangers after facing eight shots and making three saves in 90 minutes of action. Hopkin’s effort in the win also moved her into fifth all-time at USI in shutouts.

USI returns to the road next week, traveling to Lewis University September 29 and the University of Illinois Springfield October 1. Lewis saw its record fall to 4-4-0 overall and 3-3-0 in the GLVC after losing at McKendree University Sunday, 4-0, while Illinois Springfield went to 6-2-2, 3-2-1 GLVC, following a 1-0 win at the University of Missouri-St. Louis.

The next homestand for the Eagles is in two weeks when they host Quincy University October 6 and Truman State University October 7 at Strassweg Field.

Follow the live coverage of USI women’s soccer matches, including live stats and video, on GoUSIEagles.com.

 

ROCKET MEN

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Indiana State Police Forensic Scientist Melissa Oberg Named to Organization of Scientific Area Committees

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Indianapolis, – Recently, the United States Department of Commerce, National Institute of Standards and Technology, announced the appointment of Indiana State Police (ISP) Forensic Scientist Melissa Oberg to the National Commission on Forensic Science.

Oberg has been selected to serve as a member of the Physics/Pattern Scientific Area Committee’s (SAC’S) Firearms & Toolmarks Subcommittee within the organization of Scientific Area Committee’s (OSAC). The appointment is an initial 3 year term.

The Organization of Scientific Area Committees for Forensic Science works to strengthen the nation’s use of forensic science by facilitating the development of technically sound forensic science standards and by promoting the adoption of those standards by the forensic science community.

These standards are written documents that define minimum requirements, best practices, standard protocols, and other guidance to help ensure that the results of forensic analysis are reliable and reproducible.

OSAC is administered by the National Institute of Standards and Technology (NIST), but the great majority of its more than 550 members are from other government agencies, academic institutions, and the private sector. These members have expertise in twenty-five specific forensic disciplines, as well as general expertise in scientific research, measurement science, statistics, law, and policy.

OSAC members work together to develop and evaluate forensic science standards via a transparent, consensus-based process that allows for participation and comment by all stakeholders.

The Firearms and Toolmarks Subcommittee focuses on standards and guidelines related to the examination of firearm and toolmark evidence. This includes the comparison of microscopic toolmarks on bullets, cartridge cases, and other ammunition components and may also include firearm function testing, serial number restoration, muzzle-to-object distance determination, tools, and toolmarks.

“Melissa’s appointment to the Organization of Scientific Area Committees is a credit to her technical expertise and professional standing in the forensic science community.  Her appointment serves as a fine example of the quality that our scientists employ as part of their job duties and responsibilities on a daily basis,” said Laboratory Division Commander, Major Steven Holland.  “She is very deserving of this appointment and we are pleased to see a representative from the Indiana State Police on such an important national level committee.”

Melissa works at the Indianapolis Laboratory Division and is a 10 year employee of the Indiana State Police.  She lives with her husband in Marion County.

Day one complete for men’s golf at NKU Aces in 14th place

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Through two out of three rounds in the NKU Fall Collegiate Classic, the University of Evansville men’s golf team ranks in 14th place at Elks Run Golf Club.

Topping the list for the Purple Aces is Tyler Gray.  Gray rebounded from an opening-round tally of 78 to card a 3-over 74 in round two.  His 152 is tied for 35th on the leaderboard.  One behind him is Cameron Weyer.  His opening-round tally checked in at 77 before he dropped one stroke to a 76 in round two.  His 153 is tied for 41st.

Jessie Brumley is next.  He also excelled in the second round of 18.  Brumley notched an 81 to start the day off before recording a 78 to stand with a 159.  He is tied for 68th.  Robert Waggoner was next for the Aces.  Waggoner posted identical rounds of 83 on the day to finish with a 166.  Following him was Spencer Wagner, whose 2-round total finished at 168.

Noah Reese played as an individual and had the best day of action for UE.  Reese had back-to-back scores of 75 to rank in a tie for 29th with a 150.  Gabe Rohleder also played as an individual.  He scored an 85 to start the tournament, but tied for UE’s best round of the day in the second trip around the course, notching a 74.  His 159 is tied for 68th.

Butler had a pair of dominant team rounds as their scores of 287 and 285 gave them a 572 on Sunday.  The Bulldogs are 14 strokes ahead of Cal Poly and 19 in front of 3rd-place Oakland.

Patrick Allgeier of BU leads the way on the individual side.  He began the tourney with a 1-over 72 before registering a 3-under 68, the low round of the tournament, in round two.  His 140 is two ahead of Robert Morris’ David Szymanski.

Evansville is 14th in the team standings.  They are three behind Youngstown State and within shouting distance of Green Bay, trailing them by seven.

Monday will feature the final 18 holes of play.

 

Adopt A Pet

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Kirik is a 4-year-old female black cat. She has waited on a home for a long time (since May!) Her adoption fee is $30 and includes her spay, microchip, vaccines, and more. Contact the Vanderburgh Humane Society at (812) 426-2563 or adoptions@vhslifesaver.org for details!

 

Adopt A Pet

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These guys are 2-year-old Shepherd/Lab mixes and they are brothers, named Monroe (lighter tan color) and Thor (darker brown.) They are very energetic and social. They love each other so much that they must go home together. The adoption fee is $175 for both (a $25 discount!) They’ll both be neutered, microchipped, vaccinated, and heartworm-tested for that cost. Contact Vanderburgh Humane at (812) 426-2563 for adoption details!

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