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Board of Public Safety Meeting Agenda

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AGENDA

Wednesday, January 11th, 2017

Building Commission – Ron Beane Police Department – Chief Billy Bolin Transportation & Services – Todd Robertson Fire Department – Chief Mike Connelly

~ Pledge of Allegiance ~

Business with Representatives:

  1. Karl Williams, Mobile Hookah Lounge Entertainment LLC, requests approval for a parking permit for a 1995 Yellow International, no logo will be displayed on side of the vehicle, for 9 to 12 months due to renovations being done by owner himself. This vehicle will be located at 308 Reis Ave. (At the November 2nd Meeting, matter was tabled. Transportation & Services along with the Evansville Police Department were reviewing this request.) Mr. Williams moved his renovation bus on Thursday, December 8th, 2016 to a lot that is owned by a friend, this is where Mr. Williams will be renovating his bus.
  2. Josh Payne & Craig Eckert, Skanska, request approval of a truck route at Riverside Drive and Walnut Street starting immediately to haul structural steel and Precast panels for the IU Medical Center. This truck route is needed until the end of May 2017, depending on weather there may be a request for an extension. (Please see the truck route map provided-this plan has been reviewed by the City of Evansville Engineer, and approved)

Departmental Reports:

A. Police Department – Captain Stephanie Cox

1. Request approval of the Medical Director Contract with Dr. Christopher Cannon to provide medical direction for tactical medical support team and EPD personnel and possible other emergency medical services.

Board of Public Safety Evansville, Indiana

Michael Retter, President Mike Lauderdale, Vice President Kayce Zeller, Member Clay Havill, Counsel Attorney

CITY OF EVANSVILLE Board of Public Safety Civic Center Complex, Room 301 Evansville, IN 47708 812.436.7897

_________________________________________________________________________________________________________

  1. Request approval of the Gilles Home Sales and Services agreement for June 1st, 2017 through

    May 30th,2018.

  2. Request approval for permission to surplus car “1508”, a 2015 Ford Sedan (VIN 1FAHP2MK3FG163687). This vehicle was totaled in a wreck and will be turned over to EPD insurance company to be sold for scrap.

B. Fire Department – Battalion Chief Dan Grimm

  1. Request approval of the Firefighters Contract. ***PENDING LEGAL APPROVAL***
  2. Request approval for Policy 500.007 – Fire Department Personnel Gym Access and Use. ***PENDING LEGAL APPROVAL***
  3. Request approval for Policy 200.011 – Request for Family Day. ***PENDING LEGAL APPROVAL***
  4. Request approval for Policy 300.001 – Minimum Staffing of Apparatus. ***PENDING LEGAL APPROVAL***
  5. Request approval for the ProAir Service Agreement, legal has approved this agreement.
  6. Request approval for the Gilles Home Sales and Service Preventive Maintenance Service Agreement, legal has approved this agreement.
  7. Request approval for Chaplain Agreements for Tony Payne and Ken Olson, legal has approved this agreement.

C. BuildingCommission–NoAgenda

D. Transportation & Services – Todd Robertson – No Agenda

E. Special Event Permit – Sgt. Josh Wittmer

1. Funk in the City Inc. request approval for “Funk in the City Art Festival” on April 21st, 2017 from 8 a.m. until April 22nd, 2017 at 8 p.m. Closing 2nd Street between Washington Ave & Jefferson Ave; Adams Ave between 1st Street & Putnum Street. (Note: Streets are not closed until 4:30 a.m. on April 22nd, 2017) ***PENDING INSURANCE, POLICE APPROVAL***

Board of Public Safety Evansville, Indiana

Michael Retter, President Mike Lauderdale, Vice President Kayce Zeller, Member Clay Havill, Counsel Attorney

CITY OF EVANSVILLE Board of Public Safety Civic Center Complex, Room 301 Evansville, IN 47708 812.436.7897

_________________________________________________________________________________________________________

  1. Funk in the City Inc. requests approval for “Funk in the City Art Festival” on September 22nd,

    2017 from 8 a.m. until September 23rd, 2017 at 8 p.m. Closing 2nd Street between Washington Ave & Jefferson Ave; Adams Ave between 1st Street & Putnum Street. (Note: Streets are not closed until 4:30 a.m. on September 23, 2017) ***PENDING INSURANCE, POLICE APPROVAL***

  2. University of Evansville requests approval for the MLK March Reenactment on January 16th, 2017 from 11:30 a.m. until 1:30pm. No road closures, Evansville Police Department will be escorting for the event. This special event was approved on December 21st, 2016, the start time has been amended.

Consent Section:

A. Truck Parking Permit

1. Keith Gibson, American Red Cross, requests approval for a parking permit for Thursday, January 19th, 2017 from 8 a.m. to 4 p.m. at 310 Main Street – Signature School. American Red Cross Bus – 2006 BlueBird – Logo (Yes) – Plate #B274AA

B. ParkingPermit
1. Request approval for the following parking permits:

  1. GAMI INC. – 2013 Chevy Truck Red – Logo YES – Plate # TK455MMV 2nd, 3rd, 4th & 5th Streets
  2. GAMI INC. – 2013 Chevy Truck Red – Logo YES – Plate # TK455MMV Downtown Evansville
  3. GAMI INC. – 2004 Chevy Truck Red – Logo Yes – Plate# TK694LHM 2nd, 3rd, 4th & 5th Streets
  4. GAMI INC. – 2004 Chevy Truck Red – Logo Yes – Plate# TK694LHM Downtown Evansville
  5. GAMI INC. – 1999 Chevy Truck Red – Logo Yes – Plate # TK721LHM 2nd, 3rd, 4th & 5th Streets
  6. GAMI INC. – 1999 Chevy Truck Red – Logo Yes – Plate # TK721LHM Downtown Evansville

Board of Public Safety Evansville, Indiana

Michael Retter, President Mike Lauderdale, Vice President Kayce Zeller, Member Clay Havill, Counsel Attorney

CITY OF EVANSVILLE Board of Public Safety Civic Center Complex, Room 301 Evansville, IN 47708 812.436.7897

_________________________________________________________________________________________________________ g. TRISTATE FIRE PROTECTION – 1997 Toyota Camry Beige – Logo Yes – Plate

# 311RB
3rd Street & Main Street (226 Main Street)

C. Taxi Cab Driver’s Permit
1. Request approval for the following 2017 taxi cab permits:

  1. Andrew Nelson
  2. Sherry Bass
  3. Rickey Boyd
  4. Brian Devoy
  5. Robert Douthitt
  6. Jacques Estimphile
  7. James Gness
  8. Phoenix Hagar
  9. Vincent Bernard Howell Jr.
  10. Terry Joe Jones
  11. Marcus Keener
  12. Keith Kollker
  13. Kevin Kreautle
  14. Austin Miles
  15. Larry Mortis
  16. Michael Mitchell
  17. David Randolph
  18. Robert Schermack
  19. Dereck Spainhoward
  20. Wanda Trem
  21. Lawerence E. Will
  22. Gerry Bubenzer
  23. Tobin Fortune
  24. Randy Paddock
  25. Matthew Ross (Photo ID Needed)
  26. Jeffrey Howlett
  27. Keegan Hayes

bb. Jeremy Lyons

Board of Public Safety Evansville, Indiana

Michael Retter, President Mike Lauderdale, Vice President Kayce Zeller, Member Clay Havill, Counsel Attorney

CITY OF EVANSVILLE Board of Public Safety Civic Center Complex, Room 301 Evansville, IN 47708 812.436.7897

_________________________________________________________________________________________________________ cc. Michael Mulloy

dd. James Nellis
ee. Gary Perkins
ff. Steven Quinn
gg. Russell Weymouth

D. Horse Drawn Carriage Permit
1. Sheila O’Risky – 5166 Polk Road – paperwork in order (pending insurance approval)

OTHER BUSINESS:

  1. Approve claims.
  2. Approve the minutes from Wednesday, January 11th, 2017.

Announcements:
Next Meeting, January 25th, 2017 at 1:00 p.m.

Adjourned: __________

_______

Police trying to ID suspect in December 29th armed robbery, images attached

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Evansville Police are trying to identify the suspect who robbed The Right Stuff convenience store on December 29th, 2016.
A male entered the store, located at 1321 N Fulton Ave, around 7:25am and displayed a knife while demanding money. The suspect fled with an undisclosed amount of cash.
The suspect was described as a black male, mid 20’s, 5 10- 6 foot tall, and 170-190lbs. He was wearing a green dri-fit hoodie, khaki pants, and black Nike shoes with a white sole.
Anyone with information on this suspect is asked to call EPD or WeTip 1-800-78-CRIME.

 

EPD Activity Report

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EPD Report

Overnight Pursuit Ends after Wheel Falls Off Suspect’s Vehicle

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Shortly after midnight on Tuesday, January 10, 2016 the Vanderburgh County Sheriff’s Office initiated a traffic stop on a blue 1994 Ford Ranger that was traveling on State Road 66 near Detroy Road. The vehicle was driving erratically prior to being signaled to stop.

The driver increased speed and fled westbound on State Road 66 to Resurrection Road. The pursuit continued on New Harmony Road to Harmony Way and then south toward the city of Evansville. Evansville Police Department (EPD) officers as well as troopers with the Indiana State Police assisted during the pursuit, with one EPD officer attempting to deflate the suspects tires with stop sticks.

During the pursuit one of the rear wheels detached from the fleeing truck. The vehicle continued to flee, showering the roadway with sparks while dragging the axle against the pavement. The pursuit continued to the area of N. Fourth Avenue and W. Delaware St where the vehicle became disabled.

The driver, Mr. Christopher Craig Monks, then fled on foot and was pursued by a Sheriff’s Office canine unit. Mr. Monks grabbed the K-9 and slammed the dog into a chain link fence. The K-9 and handler continued to pursue Mr. Monks, apprehending him after Mr. Monks scaled a fence. Mr. Monks was treated at a local hospital and then transported to the Vanderburgh County Jail.

ARRESTED:


Christopher Craig Monks (pictured above), 40, of Evansville. Driving as a Habitual Traffic Violator as a Level 6 Felony, Resisting Arrest while Operating a Vehicle as a Level 6 Felony, Resisting Arrest as a Class A Misdemeanor, Reckless Driving as a B Misdemeanor, Interfering with a Police Canine as an A Misdemeanor

 

Vanderburgh County Recent Booking Records

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http://www.vanderburghsheriff.com/recent-booking-records.aspx

IS IT TRUE JANUARY 11, 2017

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IS IT TRUE just before Mondays nights City Council meeting a Democratic member of Council received unexpected phone call from Council President Missy Mosby?  …its alleged that Ms. Mosby asked the Democratic member of Council to run for Vice President of Council since it was obvious that At-Large Councilman Jonathan Weaver didn’t have the votes to win re-election as Vice President?  …its alleged the main reason why Ms. Mosby wanted the Democratic member of Council to run for Vice President was to stop 5th Ward City Councilman Justin Elpers (R) from being elected as the next Vice President of City Council?  …the rest is history?  …we are extremely pleased that Justin Elpers was elected Vice President of the Evansville City Council because he is honest, intelligent, conservative and an all around good person?

IS IT TRUE that a female entrepreneur is reported to have expressed an intention to lease a building to start a business in Evansville and was denied an opportunity to sign the lease unless her husband was also willing to sign?…the landlord in this particular case was to have been the West Side Nut Club, that has been known for fairness, competence, and civic pride for many decades?…if this female had the qualifications to be approved for a lease and was denied the opportunity because of her gender then this issue needs to be revisited by the Nut Club?…if she lacked the qualifications then the City County Observer would like to offer a representative of the West Side Nut Club an opportunity to clear this issue up as gender discrimination is no way to conduct business in this United States?…we await a comprehensive explanation for this situation and hope that the West Side Nut Club is being fair but will not hesitate to condemn such an action if the entrepreneur’s allegations are grounded in truth?

IS IT TRUE that Evansville City Councilman Jonathan Weaver was passed over for the prestigious position of Vice President of the City Council for 2017?…the other members of the City Council elected Councilman Justin Elpers to serve in the leadership role over Councilman Weaver?…that Mole #3 tells the City County Observer that many members of the City Council are tired of being embarrassed by the extracurricular activities that Councilman Weaver has a knack for getting himself into?…these extracurricular activities have included alleged violation of a restraining order, excessive partying, and being generally disrespectful of other?…that it is time that Councilman Weaver learned what behavior is expected of public officials and start ,to live that way?..if he can’t do that, he should never run for office again?

IS IT TRUE plans are being hatched to finally move the LST to a more accessible location near the new downtown on land Tropicana Casino Complex?…we certainly hope this will give LST related tourism a boost?…having toured the LST on several occasions we can all attest to the historical learning opportunity it offers about Evansville’s role in World War II?  …we also recommend that the City review the legal contracts between them and the”Riecken Family” so their won’t be any financial conflicts between both parties once the boat moves?

IS IT TRUE there are some students of the now defunct ITT Technical Institute who are taking their grievances to court in hopes of having their student loans forgiven?…ITT has filed bankruptcy so the entity that received the money is not going to be capable of offering any refunds or assuming the debt?…if these debts are forgiven it will be the taxpayers of the USA who eat the costs?…ITT was known for high prices and credentials of marginal value?…all of that aside there are many former ITT students who did learn a skill and are gainfully employed earning more than they were before they attended ITT?…ITT is not alone among higher education institutions to have debt laden graduates flipping burgers for a living because they pursued a degree with limited commercial value?…whatever standards that ITT is held to, should be enforced on all colleges who are paid but deliver little value?…if these students are granted relief it will open the floodgates and the US taxpayer will be the losers?…we wonder whatever happened to letting the buyer beware (caveat emptor) and letting each person be responsible for their own decisions both good and bad?

FOOTNOTE:  Todays “Readers Poll” question is: are you pleased that City Council elected 5th Ward Council member Justin Elpers as the Vice President of that body?

Governor Holcomb’s Budget Recommendations Presented to State Budget Committee

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INDIANAPOLIS – Indiana Governor Eric Holcomb’s first budget was presented to the State Budget Committee today and is posted online atwww.in.gov/sba/2707.htm.

Governor Eric Holcomb offered the following statement:

“This proposed budget achieves all of my objectives: It is honestly balanced, maintains prudent reserves, and preserves our AAA credit rating. It continues support for what’s working in our state while funding key priorities to take Indiana to the next level—long term funding for roads and bridges, high-quality education opportunities to prepare Indiana’s rapidly changing workforce, a strong focus on attacking Indiana’s drug epidemic, and great service to Indiana citizens. I look forward to working closely with state lawmakers in the weeks ahead, and I’m confident we’ll conclude this session with a budget that meets our key priorities for Indiana’s future.”

 

COA Considers liability In Sheriff’s Office Suicide Case

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COA Considers liability In Sheriff’s Office Suicide Case

Olivia Covington for www.theindianalawyer.com

After the wife of a Harrison County sheriff’s deputy killed herself with her husband’s gun while he was off duty, the sheriff’s office and her estate began debating a single question: was the deputy acting in the line of duty when his wife committed suicide?

The trial court answered that question with a “Yes,” awarding the estate of Christine Britton a $1.2 million verdict against the Harrison County Sheriff’s Department under the theory of resondeat superior. But in oral arguments Tuesday before the Indiana Court of Appeals, counsel for the deputy and the sheriff’s department fought back, arguing that Deputy John Britton was only acting as a husband when his wife took the gun, so his role in law enforcement should not apply.

Elizabeth Knight, counsel for the Harrison County Sheriff’s Department, told the appellate panel of judges Edward Najam, John Baker and Rudolph Pyle III that there was no question that Officer Britton had committed a criminal act – that is, he threw his weapon down on the bed after his wife had threatened suicide, an act that constitutes aiding and abetting a suicide.

But the case should never have been sent to a jury because it hinged on a question of law, not a question of fact, Knight told the panel.

Based upon Indiana Supreme Court precedence in Barnett v. Clark, 889 N.E.2d 281 (Ind. 2008) and Stropes v. Heritage House Childrens Center, 547 N.E.2d 244 (Ind. 1989), such a case cannot go to a jury  to decide whether Officer Britton’s actions were in the scope of his employment unless it has been established that prior to committing the criminal act, he was committing authorized acts, Knight said. And because there is no evidence in the record that Officer Britton was acting within the scope of his employment at the time he threw the gun on the bed, that legal threshold was not met, she said.

But Baker noted that if a person threatens suicide in the presence of an officer, even an off-duty officer, that officer is then “instantly on” and back in his role as a protector of the peace. That argument presents a question of fact, he said, not a question of law.

Knight disagreed and instead said the Indiana Supreme Court had also established a second requirement stating that if an officer is acting independently and divorced from his job, then liability cannot attach.

“There is absolutely nothing in the transitional facts that leads this to anything but a personal dispute,” Knight said.

But tracking closely to Baker’s line of question, Matthew Schad, counsel for Christine Britton’s estate, told the appellate panel the case did hinge on a question of fact because Officer Britton was wearing his “police hat” at the time of his wife’s death.

Up until Christine Britton threatened suicide, the sheriff’s deputy had been wearing his “husband hat,” Schad said, forming his argument around earlier testimony from the Harrison County sheriff. But when she first threatened suicide, the husband hat began to slide off while the law enforcement hat began to come on, he said, a transition that Officer Britton was aware of.

Then, when Christine Britton reached for her husband’s gun and, alternatively, threatened to kill herself with her own gun, Officer Britton was acting with his police hat entirely on when he restrained her.

But Pyle noted that the fact that the Brittons were in their own home at the time of the incident was a “huge fact” in the question of whether Officer Britton was acting within the scope of his employment. Schad conceded that the personal relationship between the two was a factor in the case, but not the deciding factor.

“In order for that to be the deciding factor, in essence it would require a rule that says if an off-duty officer is interacting with someone they know well personally … that somehow means they cannot also be acting in the scope or course of their employment,” Schad said, noting that he did not agree with the creation of such a rule.

But Knight said Officer Britton’s own testimony that he would’ve handcuffed his wife to the bed after she threatened suicide if she had been someone else proves that he was acting as a husband, not a sheriff’s deputy. And under a question of law, that admission from Britton fails to meet the threshold of proving that he was committing authorized acts prior to his criminal act, she said.

The case is Harrison County Sheriff’s Department v. Leandra Ayers, 22A01-1605-CT-01080. Tuesday’s oral arguments may be viewed here.

 

Anti-Bullying Candlelight Vigil Scheduled for this Thursday at 5pm at EVSC Headquarters

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  The Tri-State Alliance is encouraging members of the local community to attend an anti-bullying candlelight vigil outside the EVSC Headquarters, 951 Walnut Street on Thursday from 5pm – 5:45pm. The EVSC School Board has their organizational meeting at 5:30pm that same night and same location.

         The vigil is in response to EVSC’s communication with the press the past week and a half, where they have downplayed bullying as a problem at EVSC.

         The event is being organized with the following goals:

1)   To publicize that bullying IS a problem at EVSC, including the bullying of LGBT students;

2)   To ask the public to contact school board members, to instruct EVSC Superintendent Dr. David Smith to take action to address this issue;

3)   And to publicize that the Tri-State Alliance Youth Group is a safe place for LGBT middle school and high school students in our area (the group meets on Saturdays at 7pm at the TSA Offices, 501 John Street Suite 5 in Evansville)

The public is invited to attend. All are encouraged to bring umbrellas, and either a candle or flashlight. Some candles and flashlights will be available that night. For information, contact Tri-State Alliance President Wally Paynter at 812-480-0204 orwallypaynter@aol.com.

 

 

Road Trip Continues On Wednesday At Missouri State

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Road Trip Continues On Wednesday At Missouri State

Aces and Bears to play at 7 p.m. at JQH Arena

On Wednesday, a quick 2-game road trip concludes when the University of Evansville men’s basketball team visits Missouri State for a 7 p.m. game at JQH Arena.

Last time out, a late rally saw Drake earn an 88-76 win over Evansville on Sunday at the Knapp Center.  The Aces led by a 72-70 score with four minutes remaining, but a furious Bulldog rally saw them finish the game on an 18-4 run to earn the win.  Jaylon Brown was the top scorer once again for the Aces, finishing with 23 points.  Dru Smith had his best game as a member of the Purple Aces, totaling 14 points; Duane Gibson matched Smith’s total of 14 while Ryan Taylor had 10.

After missing five games due to injury, freshman Dru Smith came back with a vengeance at Drake.  The Evansville native set career marks in points (14), field goal makes (5), attempts (11), 3-pointers (2) and assists (6).  Smith showed no rust from his missed time as he saw 28 minutes of action.  His return saw him notch six assists and no turnovers; his assist-to-turnover ratio for the season is 3:1.

Jaylon Brown continues to sit atop the Missouri Valley Conference in scoring (21.1 points per game), free throw percentage (.840) and minutes per game (36.1).  Brown added 23 more points to his tally on Sunday at Drake as he hit 8 out of 13 shots and all four free throw attempts.

For the third time this season, Duane Gibson reached double figures as he set his season high of 14 points at Drake.  Gibson knocked down 6 of his 9 attempts while recording 6 rebounds and 6 assists.  He has started all 15 games that he has appeared in and currently stands with an average of 5.4 points and 3.5 rebounds per game.  Despite missing two games, Gibson leads the Aces with a total of 59 assists.

A 75-67 loss to Southern Illinois on Saturday has Missouri State standing at an 11-6 overall mark and an even 2-2 record in MVC play.  Three Bears average double figures, led by Alize Johnson at 13.6 points per game; Johnson is the only MSU player to start all 17 games.  Johnson is a beast on the boards, checking in with a conference-leading 9.8 per game; that tally is 1.4 more than any other player in the league.Ronnie Rousseau III enters Wednesday’s tilt with 11.6 PPG while Dequon Miller stands with 11.1.  In the loss to SIU, Miller and Jarred Dixon notched a team-high 15 points apiece while Johnson finished with 11 points and 11 rebounds.

 

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