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Board Of Park Commissioners Meeting Agenda

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BOARD OF PARK COMMISSIONERS

REGULAR MEETING

KEVIN WINTERNHEIMER CHAMBERS

ROOM 301, CIVIC CENTER COMPLEX

WEDNESDAY, December 7, 2016

12:00 NOON

 AGENDA

1. CALL TO ORDER

2. MINUTES November 2, 2016

3. CONSENT AGENDA

  1. Request Re: Approve and Execute Swat Pest Control Service Agreement.- Holtz
  1. Request Re: Approve and Execute Agreement Extension for Portable Restroom with TSF  2017-Holtz
  1. Request Re: Approve and Execute INDOT Supplement Hi Rail – Holtz
  1. Request Re: Approve use of Helfrich and Fendrich Golf Courses for the 2017 Evansville Courier & Press Men’s City Tournament.- Holtz
  1. Request Re: Approve and Execute Land Use Agreement with Harrison Baseball program. Wesselmans Park Field #4.-  Beavin

4.        OLD BUSINESS N/A

 

5.         NEW BUSINESS

a.   Request Re:  Contract Agreement for Helfrich and Swonder Concessions- Holtz

b.   Request Re:  Consideration of improvements by Golfmoor Baseball- Holtz

 

c.    Request Re:  2017 Golf Fee increase- Holtz

 

d.    Request Re:  Open quotes for demolition of Watering Hole concession stand

Mesker Park Zoo & Botanical Gardens. – Beck

 

6.        REPORTS

a.   Brian Holtz, Executive Director

7.        ACCEPTANCE OF PAYROLL AND VENDOR CLAIMS

VANDERBURGH COUNTY FELONY CHARGES

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 Below are the felony cases filed by the Vanderburgh County Prosecutor’s Office today.

Adonis Aleko Cooper Sr. Unlawful possession of a syringe, Level 6 felony

Possession of marijuana, Class A misdemeanor

Reginald Joseph McNary Attempted theft, Level 5 felony

Fraud on a financial institution, Level 5 felony

Fraud on a financial institution, Level 5 felony

Attempted fraud on a financial institution, Level 5 felony

Attempted theft, Level 6 felony

Forgery, Level 6 felony

Forgery, Level 6 felony

Attempted theft, Level 6 felony

Forgery, Level 6 felony

Jamie Lynn Sandoval Burglary, Level 4 felony

Theft, Level 5 felony

Auto theft, Level 6 felony

Possession of marijuana, Class A misdemeanor

Air Quality Forecast

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Air quality forecasts for Evansville and Vanderburgh County are provided as a public service.  They are best estimates of predicted pollution levels that can be used as a guide so people can modify their activities and reduce their exposure to air quality conditions that may affect their health.  The forecasts are routinely made available at least a day in advance, and are posted by 10:30 AM Evansville time on Monday (for Tuesday through Thursday) and Thursday (for Friday through Monday).  When atmospheric conditions are uncertain or favor pollution levels above the National Ambient Air Quality Standards, forecasts are made on a daily basis.

Ozone forecasts are available from mid-April through September 30th.  Fine particulate (PM2.5) forecasts are available year round.

Thursday
December 1
Friday
December 2
Saturday
December 3
Sunday
December 4
Monday
December 5
Fine Particulate
(0-23 CST avg)
Air Quality Index
good good good good moderate
Ozone
Air Quality Index
NA* NA* NA* NA* NA*
Ozone
(peak 8-hr avg)
(expected)
NA* NA* NA* NA* NA*

* Not Available and/or Conditions Uncertain.

Air Quality Action Days

Ozone Alerts are issued by the Evansville EPA when maximum ozone readings averaged over a period of eight hours are forecasted to reach 71 parts per billion (ppb), or unhealthy for sensitive groups on the USEPA Air Quality Index scale.

Particulate Alerts are issued by the Evansville EPA when PM2.5 readings averaged over the period of midnight to midnight are forecasted to reach 35 micrograms per meter cubed (µg/m3).

Current conditions of OZONE and FINE PARTICULATE MATTER are available in near real-time on the Indiana Department of Environment Management’s website.

National and regional maps of current conditions are available through USEPA AIRNow.

Eagles blow out Bearcats, 104-58

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University of Southern Indiana Men’s Basketball opened Great Lakes Valley Conference action with an explosion, defeating McKendree University, 104-58, Thursday night in Lebanon, Illinois. USI sees its record go to 5-0 overall and 1-0 in the GLVC, while McKendree goes to 2-3, 0-1 GLVC.

The Screaming Eagles have won five-straight to start a campaign for the 20th time in the history of the program.

USI busted the game open in the first three minutes, flying out to a 15-0 lead by the 17:17 mark. The Eagles, who shot over 70 percent from the field for most of the opening half, had its largest lead of the first half, 29 points, when the buzzer sounded for the intermission and went into the locker room with a 54-25 lead.

Eagles sophomore guard Alex Stein (Evansville, Indiana) paced the Eagles with 10 points in the first half. Stein was followed by eight-point halves by junior forward Julius Rajala (Finland) and senior guard Bobo Drummond (Peoria, Illinois). Drummond was making his first appearance in game action since going down with an injury in the season opener against Lake Erie College.

In the second half,  USI and junior guard Marcellous Washington (Lexington, Kentucky) kept their foot on the accelerator and extend the Eagles’ advantage to as many as 48 points twice during the final 20 minutes. Washington exploded offensively in the second half, scoring 18 of his team-high 20 points in the final 20 minutes.

The junior guard came off the bench to shoot a blistering eight-of-nine from the field and four-of-four from long range to lead USI.

Five Eagles joined Washington in double-digit scoring. Stein followed with 13 points, while Drummond and senior guard Cortez Macklin (Louisville, Kentucky) tied for third with 11 points each. Senior guard Jeril Taylor (Louisville, Kentucky) and Rajala rounded out the double-digit scorers with 10 points each.

As a team, the Eagles shot 53.3 percent from the field in the game (40-75), 66.7 percent from beyond the three-point arc (18-27), and 60 percent from the charity stripe (6-10). USI also won the battle of the boards, 51-29, and outscored McKendree, 57-31, off the bench.

The Eagles conclude the GLVC’s opening weekend and their six-game marathon away from the Physical Activities Center Saturday at 3 p.m. when they visit the University of Illinois Springfield in Springfield, Illinois. The Prairie Stars saw their record to 3-3 overall and 0-1 in the GLVC after losing a close game with Bellarmine University, 67-63, at home tonight.

USI leads the all-time series with Illinois Springfield, 8-3, and has won three of four since the Stars joined the GLVC in 2013-14. The Eagles and the Stars split last year’s conference series with USI winning at the PAC, 85-64, and Illinois Springfield posting a home win, 86-81.

 

VIDEO OF ELLIS PARK OWNER RON GEARY CONCERNING THE IMPORTANCE OF “WORKING HARD AND STAYING FOCUS”

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Attached is a link to a video of Ellis Park owner that was produced  by “Founders Series Corp” that honors people who have achieved things of excellence during their professional career.  Please take time and listen to what Mr. Geary has achieved by working hard and staying focus.

JACKSON KELLY PLLC “PUBLIC LAW MONITOR”

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JACKSON KELLY PLLC “PUBLIC LAW MONITOR”

BY Joshua Claybourn who is Counsel in Jackson Kelly’s Evansville Office.

Injunction Issued For New Overtime Rules

A federal judge issued a nationwide injunction blocking a sweeping Department of Labor (“DOL”) regulation set to qualify millions more Americans for overtime pay beginning December 1. The rule would require employers to start paying overtime to certain “white collar” workers earning salaries of less than $47,476 a year—a threshold many say is too big a jump from the current $23,660 last updated in 2004. Judge Mazzant in the order said the challengers had made a sufficient case “that the Department’s salary level under the Final Rule and the automatic updating mechanism are without statutory authority.”

Even without court action, the fate of the rule was far from certain because it also faces a possible strong challenge from Donald Trump, who has vowed to roll back business regulations. DOL may appeal the ruling, but the next administration may instruct DOL not to continue defending the suit.

Notably, twenty-one states who were included as plaintiffs also asked the Texas district court to overturn Garcia v. San Antonio Metropolitan Transit Authority (1985), where the U.S. Supreme Court held that the Fair Labor Standards Act applies to the states. The district court noted only the Supreme Court may overturn its precedent, but it also indicated the states made a persuasive argument against Garcia which could later be heard by the Supreme Court.

Indianapolis Tries To Claw Back $380,675 In Incentives

Indianapolis Mayor Joe Hogsett has begun the process of clawing back $380,675 in tax incentives granted to Rexnord Corp. as the firm prepares to fold its local operations and move the work to Mexico. Rexnord had claimed the incentives under a 2009 agreement which provided a five-year personal property tax abatement. Although Rexnord retained its workforce for five years after its agreement with the city, the memorandum of understanding “stipulates that the city can monitor Rexnord for compliance during the five-year period of tax abatement and for two years afterwards,” said Taylor Schaffer, a spokeswoman for Hogsett. Click here for more from the Indianapolis Star.

Man Sues After Losing Election To Dead Candidate

A Democrat who ran for the Allen County Council is challenging the results because one of the three contested seats went to a candidate who died shortly before the election. Palermo Galindo says Republican Roy Buskirk should never have been certified as one of the three winners because he died of cancer on Nov. 4, four days before the election. Galindo filed a lawsuit Tuesday against the Allen County Election Board. Galindo was the fourth top vote-getter in the election and his attorneys argue one of the three contested seats should be his because Republicans did not fill the ballot vacancy created by Buskirk’s death.

ACLU Sues Franklin Township Schools Over Christian Prayer

A man represented by the American Civil Liberties Union of Indiana has filed a lawsuit challenging the Franklin Township School Board’s alleged policy of opening meetings with exclusively Christian prayers. The suit filed Tuesday on behalf of Duane Nickell before Judge Tanya Walton Pratt in U.S. District Court for the Southern District of Indiana seeks an injunction and a declaration that the practice violates the First Amendment of the U.S. Constitution. The complaint alleges that prayers are given by school board members and are “invariably Christian with the School Board member-officiant referring to Jesus or Christ.

FOOTNOTE: Joshua Claybourn is Counsel in Jackson Kelly’s Evansville office. He advises clients in matters of business and corporate law, governmental services, and public finance. Learn more here.

Indiana State Police Will Be Conducting Sobriety Checkpoint This Weekend In Warrick County

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Indiana State Police Will Be Conducting Sobriety Checkpoint This Weekend In Warrick County

Indiana State Police will be conducting a sobriety checkpoint this upcoming weekend. The exact location, date and time will not be released.  Motorists that are not impaired can expect only short delays of 2-3 minutes while passing through the checkpoint.

Troopers encourage all motorists to call 911 or the closest Indiana State Police Post when they observe another motorist that may be impaired.  Be prepared to give a description of the vehicle, location and direction of travel.

The Indiana State Police are committed to traffic safety and will continue to conduct saturation patrols and sobriety checkpoints to apprehend impaired drivers and to deter others from drinking and driving.

Sen. Becker Begins New Term, Kicks Off 2017 Budget Session

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Sen. Becker Begins New Term, Kicks Off 2017 Budget Session

State Sen. Vaneta Becker (R-Evansville) gathered with fellow legislators today at the Statehouse for Organization Day — the ceremonial start of the 120th Indiana General Assembly. Becker took the oath of office, officially beginning a new term as the State Senator representing District 50.

Indiana Supreme Court Chief Justice Loretta Rush led the swearing-in ceremony.

Organization Day is marked by the swearing in of new and re-elected General Assembly members as well as the annual first roll call of all state lawmakers. This day also provides each Senate and House of Representatives caucus with the opportunity to organize before session officially reconvenes on Jan. 3.

The 2017 session is a budget year, meaning lawmakers will craft a comprehensive plan to fund state government services for the next two years. By law, the 2017 legislative session must be completed no later than April 29.

“In the upcoming months, I will continue to advocate for economic growth policies that make Indiana a great place to live, work and raise a family,” Becker said. “As the General Assembly crafts the state’s two-year budget, Hoosiers can be assured that I will keep Indiana’s schools and infrastructure a top priority.”

As the 2017 session gets under way, Becker encourages residents of Senate District 50 to contact her with any questions or comments they may have. Becker can be reached via email at Senator.Becker@iga.in.gov or by phone at 1-800-382-9467.

 

  Dr. Bucshon’s Statement on Passage of 21st Century Cures

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(WASHINGTON, D.C.) –On Wednesday, the House passed a landmark medical innovation package – 21st Century Cures – to accelerate the discovery, development, and delivery of new cures and treatments. It also provides new funding for the National Institutes of Health and the Food and Drug Administration. The legislative package includes comprehensive reforms to our nation’s mental health treatment system as well as funding to combat the opioid abuse epidemic.

Eighth District Congressman Larry Bucshon’s bill to reduce fraud in the Medicaid program (H.R. 3716) is included to help fully fund the $6.3 billion package without adding to the deficit.

“As a physician who has cared for patients and relied on medical innovation, I can say without a doubt that 21st Century Cures will save lives and give families hope for the future,” said Bucshon.“Nearly 10,000 diseases, like ALS and Alzheimer’s, are still without a cure. This legislative package will incentivize the development and discovery of new treatments and improve the delivery of care to patients who so badly need it. It also implements our previous legislative work to reform how mental health is treated and expands on our efforts to address the opioid abuse epidemic. I’m proud to have been a part of this historic process and pleased the savings in my legislation to rid Medicaid of fraudulent providers is helping to fund this much-needed investment in the discovery, development, and delivery of life-saving cures and treatments.”

BACKGROUND:

 Cutting-Edge Cures: from Discovery to Treatment:

The 21st Century Cures Act, an innovation game-changer that includes significant investments, $5.3 billion in total, to accelerate the discovery, development, and delivery of cutting-edge, life-saving cures and treatments.

The National Institutes of Health (NIH):

21st Century Cures catalyzes cutting-edge research at NIH and helps ensure our health system can keep pace with new advances in science and technology by advancing precision medicine, supporting young and emerging scientists, facilitating collaborative research, promoting pediatric research, and other innovative solutions.  It also invests:

$1.4 billion for the Precision Medicine Initiative to drive research into the genetic, lifestyle and environmental variations of disease.

$1.8 billion for the “Cancer Moonshot” to speed up the research and development of cancer cures.

$1.6 billion for the BRAIN initiative to improve our understanding, diagnosis, and treatment of diseases like Alzheimer’s.

The Food and Drug Administration (FDA):

 21st Century Cures makes significant reforms to the FDA that will modernize clinical trials and evidence development, bring the FDA into the 21st century, improve the medical device review process, reduce unnecessary regulation, and empower patients to participate in research and development to help expedite the development and review of new life-saving treatments.  It also directs $500 million in additional funding to the FDA to accomplish these goals.

Landmark Mental Health Reforms:

 The 21st Century Cures package includes landmark reforms to the nation’s mental health treatment system that passed the House in July.  The reforms, introduced in H.R. 2646, the Helping Families in Mental Health Crisis Act, help ensure mental and substance use disorder prevention, treatment, and recovery programs keep pace with science and technology so that patients with mental illness have access to the treatment they need when they need it.

Combating Opioid Abuse Disorder:

Earlier this year, Congress passed and the President signed into law comprehensive legislation to address the opioid abuse epidemic impacting communities across the country.  21st Century Cures builds on that success by including $1 billion in state grants to fight opioid abuse.

Fully funded:

The investments made by 21st Century Cures are fully funded in part due to savings incurred by legislation introduced by Congressman Bucshon. Bucshon’s bill, H.R. 3716 the Ensuring Access to Quality Medicaid Providers Act, strengthens the Medicaid program and saves taxpayer dollars by ridding the program of bad actors. Specifically, the bill ensures that providers terminated from Medicare or a state Medicaid program for reasons of fraud, integrity, or quality, are terminated from all other state Medicaid programs.