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CITY COUNCIL COMMITTEE MEETING SCHEDULE October 10,2016

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CITY COUNCIL COMMITTEE MEETING SCHEDULE

Watch live and archived meetings at www.evansville.in/accessevc October 10, 2016

FINANCE COMMITTEE::

Ordinance F-2016-27 October 10, 2016 5:00 p.m.

Russ Lloyd

Ordinance F-2016-28 October 10, 2016 5:00 p.m.

Russ Lloyd

Ordinance F-2016-26 AMENDED October 10, 2016
5:00 p.m.

Russ Lloyd

Ordinance G-2016-26 October 10, 2016 5:00 p.m.

Russ Lloyd

A.S.D. COMMITTEE:

Ordinance G-2016-28 October 10, 2016 5:15 p.m.

Ron London

FINANCE COMMITTEE:

Ordinance G-2016-27 October 10, 2016 5:20 p.m.

Marco DeLucio

Resolution C-2016-28 October 10, 2016 5:25 p.m.

Joshua Claybourn

CHAIRMAN DAN MCGINN

Appropriating Monies for the Purpose of Defraying the Expenditures of Departments of the City Government for the Fiscal Year Beginning January 1, 2017

Appropriating Monies for the Purpose of Defraying the Expenditures of Evansville-Vanderburgh Levee Authority District for the Fiscal Year Beginning January 1, 2017

Fixing the Salaries of Elected Officials for the City of Evansville, Indiana for the Year 2017

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 2017 and Establishing Salary Administration Procedures
CHAIRMAN DAN ADAMS
Amending Title 18 of the Evansville Municipal Code (Zoning)

CHAIRMAN DAN McGINN

Repealing Chapter 2.140 of the Evansville Municipal Code (Hospital Authority)

Resolution on Ordinance Modifying the Property Tax Relief Rate and the Expenditure Rate in Vanderburgh County

October 24, 2016

FINANCE COMMITTEE:

Re: Date: Time: Notify:

Ordinance F-2016-30 October 24, 2016 5:15 p.m.

Russ Lloyd, Jr.

CHAIRMAN DAN McGINN

Authorizing Transfers of Appropriations, Additional Appropriations and Repeal and Re-appropriation of Fund for Various City Funds

CITY COUNCIL COMMITTEE MEETING SCHEDULE

Watch live and archived meetings at www.evansville.in/accessevc October 24, 2016

FINANCE COMMITTEE:

Ordinance F-2016-31 October 24, 2016 5:20 p.m.

Marco DeLucio

Ordinance F-2016-32 October 24, 2016 5:25 p.m.

Marco DeLucio

CHAIRMAN DAN McGINN

Amend the Sewer Rates and Charges for the City of Evansville, Indiana

Authorizing the Issuance of Sewage Works Revenue Bonds of the City of Evansville, Indiana and the Issuance of Notes in Anticipation of the Issuance of Bonds

VANDERBURGH COUNTY FELONY CHARGES

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

Peter Dean Helfrich Domestic battery resulting in serious bodily injury, Level 5 felony

Possession of a controlled substance, Class A misdemeanor

Possession of a controlled substance, Class A misdemeanor

Steven Dwayne Durham Possession of methamphetamine, Level 6 felony

Unlawful possession of a syringe, Level 6 felony

Maintaining a common nuisance – controlled substances, Level 6 felony

Possession of a synthetic drug or synthetic drug look-alike, Class A misdemeanor

Possession of paraphernalia, Class A misdemeanor

Gerard Elliott Matts Burglary, Level 5 felony

Resisting law enforcement, Class A misdemeanor

Possession of a controlled substance, Class A misdemeanor

Possession of a controlled substance, Class A misdemeanor

Kendra Kaye Scott Possession of methamphetamine, Level 6 felony

Unlawful possession of a syringe, Level 6 felony

Maintaining a common nuisance – controlled substances, Level 6 felony

Possession of a synthetic drug or synthetic drug look-alike substance, Class A misdemeanor

Scott Anthony Berry Carrying a handgun without a license, Level 5 felony

Possession of marijuana, Class A misdemeanor

Kevin Marshall Rutter Possession of methamphetamine, Level 6 felony

Unlawful possession of a syringe, Level 6 felony

Maintaining a common nuisance – controlled substances, Level 6 felony

Possession of a synthetic drug or synthetic drug look-alike substance, Class A misdemeanor

Possession of paraphernalia, Class C misdemeanor

Tiffany Beth Couch Dealing in a narcotic drug, Level 2 felony

Dealing in a look-alike substance, Level 5 felony

Maintaining a common nuisance – controlled substances, Level 6 felony

Thomas Michael Kirsch Jr. Possession of methamphetamine, Level 4 felony

Unlawful possession of a syringe, Level 6 felony

Driving while suspended, Class A misdemeanor

Herman Lee Couch Jr. Dealing in a narcotic drug, Level 2 felony

Dealing in a look-alike substance, Level 5 felony

Maintaining a common nuisance – controlled substances, Level 6 felony

Unlawful possession of a firearm by a domestic batterer, Class A misdemeanor

Tommy Ray Anderson Operating a vehicle with an ACE of .15 or more, Level 6 felony 

Danielle Michelle Camden Unlawful possession or use of a Legend Drug, Level 6 felony

Possession of a controlled substance, Class A misdemeanor

Possession of marijuana, Class B misdemeanor

Possession of paraphernalia, Class C misdemeanor

Law Enforcement Explorer Post Open House

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The Vanderburgh County Sheriff’s Office will host a Law Enforcement Explorer open house and Recruitment Night on Wednesday, October 12th, 2016 at 6 p.m. The event will take place at the Southern Indiana Career and Technical Center located at 1901 Lynch Road. The program is open to young men and women ages 16-20 as well as their families.

Law Enforcement Exploring provides educational training programs for young adults on the purposes, mission and objectives of law enforcement. The program provides career orientation experiences, leadership opportunities and community service activities.

Sheriff Dave Wedding explained, “Law Enforcement Exploring is a great way for students to develop leadership skills and improve self-confidence.” Sheriff Wedding added, “Through fun and exciting ‘hands-on’ career related activities and community service opportunities, students will gain valuable experience that will help prepare them for a career in law enforcement.”

The primary goals of the program are to help young adults choose a career path within law enforcement and to challenge them to become responsible citizens within their communities. During the open house, potential post members will have the opportunity to observe just a sample of what they will see and experience throughout their experience with the law enforcement explorer post program. They will also have an opportunity to meet and speak with current Explorers.

The Vanderburgh County Sheriff’s Office Explorer Post 82 is open to young men and women ages 16 through 20 years old that are enrolled in High School or College with an interest in learning more about careers in the field of law enforcement. Explorer Post 82 is entering its fifth year in Vanderburgh County. Last year, over 20 youth from local high schools and universities participated in the Explorer Post. During the year, Explorers participated in classroom and hands-on-training with full time law enforcement and emergency services personnel. Training included: first aid, handcuffing and arrest techniques, firearms, emergency vehicle operations, criminal investigations, and community emergency response.

Along with the class room and hands on training, Explorers interacted with children at the Vanderburgh County Sheriff’s Office Tent at the Vanderburgh County 4H Fair, the West Side Nut Club Fall Festival, and staffing positions during Field Sobriety Check Points. Explorers have also participated in several “Ride-A-Long” opportunities.

Agencies from federal, state and local levels coordinate the Law Enforcement Exploring programs throughout the United States. The majority of the community programs are managed by local police departments, including sheriffs, chiefs of police and state police.

Nationally, over 33,000 explorers participate in Law Enforcement Exploring. The program highlights include: the National Law Enforcement Exploring Leadership Academies, motor patrol ride-alongs, career achievement awards, National Law Enforcement Exploring Conferences and scholarship opportunities.

Law Enforcement Career Exploring posts typically meet on a monthly basis during the school year. Most programs parallel the high school calendar and begin in the fall. There are a number of programs that start at other times during the year to meet the needs of the host organization and participants. Programs are flexible enough to fit in with other activities.

For more information contact Deputy Erik Nilssen at (812) 421-6201 or email him atenilssen@vanderburghsheriff.com. You may also follow the Vanderburgh County Sheriff’s Office Law Enforcement Explorer Post on Twitter @LEPost82 or on face book at VCSO Explorer Post 82. For more information on Explorer Posts visit www.learningforlife.org/exploring.

7th Circuit Rejects Former Bloomington Employee’s Request To Defer Restitution

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Olivia Covington for www.theindianalawyer.com

The 7th Circuit Court of Appeals has rejected a former Bloomington city employee’s argument that his restitution debt should be deferred to his release from prison because he is limited to paying only 10 percent of his income toward that debt each month.

Former Bloomington city project manager Justin Wykoff pleaded guilty in 2015 to wire fraud charges related to his solicitation of bribes and kickbacks while in office. U.S. District Judge Tanya Walton Pratt sentenced Wykoff in June 2015 to 55 months in prison, $446,335 in restitution to be paid to the city of Bloomington and a $1,100 assessment.

The payments were ordered to begin immediately, but Pratt also attached a special instruction requiring that “any unpaid restitution balance during the term of supervision shall be paid at a rate not less than 10 percent of the defendant’s gross monthly income.”

Soon after the entry of judgment, the government applied for a writ of garnishment, which Pratt issued to the Indiana pension system because it had an account in Wykoff’s name that was worth $47,937. Wykoff opposed the writ, arguing that he had already been forced to forfeit two of his homes and that the government had seized money from his prison accounts.

Although the money taken from his prison accounts was not enough to cover his ordered restitution, Wykoff argued that the balance should be deferred to his release because he interpreted Pratt’s special instruction to mean that his restitution payments should be limited to 10 percent of his monthly income.

But in an opinion handed down from the 7th Circuit Court of Appeals in United States of America v. Justin Wykoff, 16-1307,Thursday, Judge Richard Posner wrote that Wykoff had interpreted the instructions incorrectly and had no legal leg to stand on.

The 10 percent requirement was a minimum, not a maximum, Posner wrote. Further, Posner said the federal criminal code requires restitution to be paid back immediately unless the district court provides otherwise.

Posner pointed to the case of United States v. Sawyer, 521 F.3d 792, 795 (7th Cir. 2008), in which the appellate court found that once a person has been incarcerated, “any existing assets should be seized promptly. If the restitution debt exceeds a felon’s wealth, then the Mandatory Victim Restitution Act of 1996 … demands this wealth be handed over immediately.”

“This is an important rule – for who knows what might happen to Wykoff’s assets during his years of imprisonment,” Posner wrote. “He or members of his family or, for that matter, the Indiana state pension fund might decide that there are better things to do with those not inconsiderable assets than give them to Bloomington.”

Watch For Deer On Indiana’s Roadways Tips For Avoiding Deer-Vehicle Crashes

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The Indiana Department of Transportation, the Indiana State Police and the Indiana Department of Natural Resources remind drivers to stay alert as deer become more active in fall months on Indiana’s roadways.

Nearly 50 percent of all vehicle crashes involving deer occur between October and December.  Deer are generally more active during mating season in late October into early November. And with many farmers harvesting crops, deer could be on the move at any time, encountering roads more frequently and increasing the potential for collisions.

Across the state in 2015, there were more than 15,000 deer-related collisions, including vehicles crashing attempting to avoid striking a deer.

With the increased number of deer heading toward the roadways, deer-vehicle crashes will happen, but drivers can take measures to keep collisions to a minimum. Knowing when deer are most active and practicing defensive driving will help reduce your chances of becoming a statistic:

  • Deer are most active between sunset and sunrise, especially in rural areas.
  • Deer often travel in groups. If you see one, others are likely nearby. Stay alert!
  • Pay special attention in areas where you have seen deer before and in areas near “Deer Crossing” warning signs.
  • Exercise caution along woodlot edges, at hills and blind turns.
  • Use high-beam headlights at night when there is no opposing traffic.
  • Scan for illuminated eyes and dark silhouettes near the side of or on the roadway.
  • If you see a deer, slow your speed drastically, even if the deer is far away.
  • NEVER swerve to avoid hitting a deer. More serious crashes occur when drivers try to miss a deer but hit something else.
  • Buckle up!

Studies have shown that novelties like deer whistles are ineffective in deterring deer. The best way to avoid an accident is to be alert.

Even when practicing safe driving, sometimes hitting a deer is inevitable. If a driver hits a deer, it is important to remain calm and do not touch the deer or approach it. Wounded deer are unpredictable and can be dangerous.  Drivers should pull off the road, remain in the vehicle and make sure everyone is safe.  Motorists involved in a collision are required to call the police and report a crash with at least $1,000 in property damage or if someone is injured.

To report a deer carcass on an interstate, U.S. highway or state road, contact one of INDOT’s six districts to report it. Find INDOT district contact information at http://indot.in.gov.

Elf the Musical

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PRESALE TICKETS

Here is your chance to buy tickets before they go on sale to the general public. Use the presale code: BROADWAY

to purchase your tickets from Friday, October 7 at 10:00am through

Thursday, October 13 10:00pm.
Tickets can be purchased through Ticketmaster online,

by phone at 1-800-745-3000

or the Old National Events Plaza’s

Box Office.

Monday, November 28
at 7:30pm

ELF THE MUSICAL

Tickets:
$63, $48, $38
ELF The Musical  is the hilarious tale of Buddy, a young orphan child who mistakenly crawls into Santa’s bag of gifts and is transported back to the North Pole. Unaware that he is actually human, Buddy’s enormous size and poor toy-making abilities cause him to face the truth. With Santa’s permission, Buddy embarks on a journey to New York City to find his birth father, discover his true identity, and help New York remember the true meaning of Christmas. This modern day Christmas classic is sure to make everyone embrace their inner ELF .

The New York Times says that ELF is “SPLASHY, PEPPY, SUGAR-SPRINKLED HOLIDAY ENTERTAINMENT!” USA Today calls ELF, “ENDEARINGLY GOOFY!” Variety proclaims, “ELF is happy enough for families, savvy enough for city kids and plenty smart for adults!”

More Information

Attorney General Zoeller Announces Refunds Of More Than $415,000

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INDIANAPOLIS, IND. – Indiana Attorney General Greg Zoeller announced today the return of more than $415,000 to Indiana homeowners victimized by a complicated tax sale scheme orchestrated by California-based 4Bridge, LLC and Colorado-based Asset Recovery, Inc.

According to complaints filed by the Attorney General’s Office in Marion County Circuit Court this year, 4Bridge and Asset Recovery perpetrated a complicated scheme that took advantage of vulnerable Hoosiers across the State who had fallen behind in their real-estate taxes and who did not understand the tax sale process. Homeowners in Elkhart, Howard, Lake, Madison, Marion, Vanderburgh, and Vigo counties will receive a refund.

The settlement calls for restitution totaling $418,525.97 to 24 Indiana homeowners and a permanent injunction preventing further behavior described in the complaints:

  • Violations of the Home Loan Practices Act:  Concealing material information in connection with real estate transactions and engaging in real estate transactions without proper licensure.
  • Violations of the Deceptive Consumer Sales Act:  Unfair, abusive, or deceptive acts, omissions, or practices in connection with consumer transactions.

“Rarely have we seen a scam that so brazenly exploited desperate property owners and took advantage of their lack of understanding of a complicated legal process. Victims not only lost their property but thousands of dollars rightfully owed to them,” Zoeller said.

Consumers whose funds had already been distributed will receive monthly payments from Asset Recovery and 4Bridge made payable to, and distributed by the Attorney General’s Office. The remaining homeowners are able to claim the surplus available to them. The Marion County Circuit Court has already entered Orders directing funds to be paid to several of the affected homeowners.

Zoeller added his office is pursuing an action against other companies he alleges conducted similar schemes across the state. Earlier this year, the Attorney General filed a lawsuit – for up to $12 million in restitution and penalties – against FLRC, LLC. / Oak Tree, LLC; and Coastal Title, Inc. Several individuals operating on behalf of the companies were named in the lawsuit as well.

These schemes impacted at least 48 vulnerable Hoosiers in Allen, Johnson, Lake and Marion counties, attempting to swindle them out of surplus funds upwards of tens of thousands of dollars.

“These cases have not only highlighted how homeowners were being exploited, but also assisted local officials in providing more education to citizens,” Zoeller said. “Working with county officials has been key in identifying and preventing potential fraud.”

4Bridge and Asset Recovery’s Scheme

When a homeowner falls behind on their property taxes, the county lists the property at tax sale. The minimum bid set for these homes is the amount owed in taxes. If the winning bid exceeds the amount of the unpaid property tax owed, the county claims the tax amount, special assessments, penalties and the costs of the auction. The original homeowner is entitled to any surplus amount beyond what may be owed to a mortgage lender. This surplus may be considered a rough equivalent to their home’s equity.

The original homeowner then has one year to redeem the property if he or she can pay back the taxes originally owed. If the homeowner can’t pay within a year, then the bidder is awarded ownership of the property. It’s during this one-year time window that 4Bridge and Asset Recovery perpetrated the scheme.

Using court and public records, the companies and their agents located and contacted the original homeowners whose properties had been sold at tax sales for large surplus amounts. They deceived at least 24 homeowners by making misrepresentations about their legal rights to redemption or surplus in the tax sales. The scam worked best with property owners who did not have an outstanding mortgage that would have to first be paid off with the surplus.

By exploiting the homeowners’ unfamiliarity, 4Bridge, Asset Recovery and their agents persuaded the homeowners to sign quitclaim deeds and other legal paperwork turning over their remaining legal interest in the properties to the companies. 4Bridge and Asset Recovery, in turn, were then able to submit claims for the tax sale surplus funds that the 24 original owners would have been entitled to – in amounts ranging from $3,000 up to $53,000.

The Attorney General’s Office through its Homeowner Protection Unit (HPU) fielded complaints about the tax sale scheme from the affected owners and from county officials, who were able to identify the potential scheme only after the deed exchanges were filed with the county offices.

The complaint notes violations including “unfair, abusive or deceptive” conduct; “incurable deceptive acts” and that the entire scheme conducted by Asset Recovery is considered “unconscionable”.  Under the settlement the companies did not admit wrongdoing but have agreed to comply with settlement terms.

Tips for consumers

Zoeller added the AG’s Office’s investigation continues due to concerns other homeowners may have fallen victim to this scam or similar scams in Marion County or other counties. Owners who suspect they have been defrauded are asked to file a consumer complaint with the Attorney General’s Office at www.IndianaConsumer.com or by calling 1-800-382-5516. Owners are further encouraged to contact their local county offices to verify any information they may receive concerning the tax sale process.

To avoid fraud, Zoeller urges any distressed homeowner facing a tax sale due to unpaid property taxes or foreclosure due to unpaid mortgage payments to first seek legal advice from a qualified attorney before engaging in any quitclaim deed or other legal transaction. Free legal advice is available from the Indiana Foreclosure Prevention Network at www.877gethope.com or from Indiana Legal Services, which recently received a grant from the AG’s Office to support this type of counseling.

More information about real estate scams is located on the Attorney General’s website here.

UE to Offer UExplore Engineering Program 

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The University of Evansville College of Engineering and Computer Science is offering a UExplore Engineering Program for high school students. The program is designed to give participants a better understanding of the fields of civil, mechanical, electrical, and computer engineering and computer science through activities, hands-on projects, and tours of local industry.

The sessions in the program are October 17, November 7, November 28, January 23, February 20, March 13, April 3, and April 24. All sessions will be from 6:00-7:00 p.m. in Room 100 in the Koch Center for Engineering and Science on UE’s campus.

James Allen, UE associate professor of mechanical and civil engineering, is the advisor for the program. A registered professional engineer in the states of Indiana and Ohio, Allen has extensive work experience in industry. Allen will be assisted with the program by UE engineering students.

The registration fee for the program is $50. For more information, call 812-488-2651 or e-mail kh209@evansville.edu.

Adopt A Pet

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Montana is a 2-year-old female calico cat. She’s the mom of the “M state” kittens, two of whom are still up for adoption. Take her home spayed, microchipped, and vaccinated for only $30! Contact the Vanderburgh Humane Society at (812) 426-2563 or www.vhslifesaver.org for details!  

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