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Governor Pence Participates in Walmart’s “Feed ‘Em for Freedom” Event

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Indianapolis – Governor Mike Pence today offered remarks and helped serve lunch to service members and veterans at Camp Atterbury in Edinburgh, Indiana at Walmart’s 7th Feed ‘Em for Freedom event. Throughout this program, Walmart has fed more than 10,000 soldiers.

“All Hoosiers are thankful to Walmart for coming alongside our service members and veterans with hiring commitments and events like ‘Feed ‘Em for Freedom’,” said Governor Pence. “We can never fully repay the debt we owe to our men and women in uniform, but by supporting them with events like Walmart’s Feed ‘Em for Freedom, we can truly make a down payment and keep faith with those who answer the call of duty.”

Photos from today’s event can be found below, and audio of the Governor’s remarks can be found attached.

Adopt A Pet

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Attila is a 1-year-old female American rabbit. She has a pretty tan coat with gray streaks. Attila is spayed & ready to go home today for $30! Call (812) 426-2563 or visit www.vhslifesaver.org for adoption details!

COA majority finds double jeopardy violations on rehearing

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Scott Roberts for www.theindianalawyer.com

The Indiana Court of Appeals ruled on rehearing that a man’s two convictions for resisting law enforcement violated Indiana’s double jeopardy prohibition and remanded the case to trial court to vacate one of them.

The rehearing modified an original memorandum decision in Myles K. Martin Jr. v. State of Indiana, 82A01-1507-CR-966.

Officers attempted to stop Martin as he drove a stolen SUV, but Martin chose to flee. After officers disabled the vehicle, Martin fled from officers on foot. The state separately charged Martin with resisting law enforcement as a Class D felony while in the car, and resisting law enforcement as a Class A misdemeanor while on foot.

In the rehearing, Judge Edward Najam wrote for the majority, joined by Judge Melissa May, that “when a defendant flees from law enforcement by a vehicle and then exits that vehicle to continue fleeing by foot, the defendant has committed one continuous act of resisting law enforcement,” citing Lewis v. State, 43 N.E.3d 689, 691 (Ind. Ct. App. 2015). Subsequently, the COA reversed Martin’s Class A misdemeanor conviction and remanded for the trial court to vacate it and the resulting sentence.

Judge Patricia Riley would deny rehearing without opinion.

State agencies promote low head dam safety

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Three state agencies are working together this summer to promote water safety and alert citizens to the dangers of recreating near low head dams on Indiana river systems.

In recent years, Indiana has been affected by tragic losses of lives at low head dams. Since 2010, a total of 14 people have drowned near low head dams.

“What can appear harmless during low water levels can turn into a dangerous situation with little rainfall,” said DNR Law Enforcement Director Danny L. East. “When a keeper hydraulic exists at the face of a low head dam, escape is unlikely if not impossible.”

Low head dams are man-made concrete structures in river systems that pool upstream water for various reasons and create a short drop in downstream water levels. A “keeper hydraulic” is described as a strong backwash that prevents escape.  Indiana has 146 documented low head dams.

“Anywhere there is water there is a risk of drowning,” said Mary Beth Bonaventura, director, Indiana Department of Child Services. “Adults need to actively supervise children in and around open bodies of water. This means, adults must be able to see and hear their child at all times. Do not leave a young child unattended or out of sight, not even for a moment.”

“Indiana Conservation Officers continuously train to respond to fast water emergencies, and we find that low head dams present unusually difficult circumstances for our officers,” said Maj. Terry Hyndman, operations commander for DNR Law Enforcement. “The backwash from the face of the dam to the boil continuously recirculates an object back into the face of the dam.”

Untrained rescuers, who may act when seeing another person in trouble, account for 25 percent of low head dam drowning victims nationwide. Shore-assisted rescue is the safest way to assist a person caught in the hydraulic of a low head dam without placing the rescuer at risk. Citizens are encouraged to carry ring buoys, boat cushions, or one-gallon milk jugs half full of water tied to 50 feet of strong rope and use these items to throw to a person. Extending a pole or long tree branch is also a safe and effective way to provide assistance.

“Low head dams are deceptively dangerous, and can go from serene to life-threatening in a matter of seconds,” said Mary Moran, Recovery Branch Director for the Indiana Department of Homeland Security. “Even during perfect weather, rainfall upstream can raise water levels causing dangerous conditions. This makes already obscured low head dams almost impossible to see and avoid.”

Canoe and kayak enthusiasts are encouraged to learn the river system and discover the low head dam locations prior to beginning their trip. From the upriver perspective, the low head dam may not be easily seen until it is too late to avoid, causing an unsuspecting person to go over the dam and placing them in a dangerous situation.

“We all promote the wearing of a U.S. Coast Guard-approved life jacket when enjoying Indiana waterways,” said Lt. Kenton Turner, boating law administrator for DNR Law Enforcement.  “Unfortunately, the hydraulic of a low head dam prevents the lifejacket from keeping a person above water as they are recirculated and pushed under by the water coming over the dam.  Low head dams should be completely avoided by our citizens.”

 

 

OTTERS OUTLAST CORNBELTERS

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Evansville won an intense pitcher’s duel by a score of 2-1 on Thirsty Thursday at Bosse Field. The match was highlighted by the showdown of starting pitchers between former USI star, Matthew Chavarria, versus Otters’ mainstay, Hunter Ackerman. The scoring of the game would kick off in the second when the Cornbelters took a 1-0 lead following a single, double, and sacrifice fly in consecutive order to start the inning. However, the Otters would immediately answer back in the latter half of the second. Evansville mustered back to back singles to set the stage for Christopher Riopedre, who came through in the clutch with a game-tying single. Next, the Otters would receive a gift from the Cornbelters when a wild pitch was thrown that would allow Julio Rodriguez to score from third base. Astonishingly, neither team could manufacture a run through the last seven innings. This was in part due to the remarkable pitching performances of Chavarria and Ackerman. Each pitched six complete innings with the difference between the two being two earned runs, three walks, and three strikeouts for Chavarria against one earned run, one walk, and six strikeouts for Ackerman.

Looking ahead, Evansville will begin a road series tomorrow against the Florence Freedom. They will return home to Historic Bosse Field for six games in five days starting Tuesday, June 14th. Tickets are on sale and may be obtained online or by calling (812) 435-8686.

IS IT TRUE JUNE 10, 2016

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IS IT TRUE that we are shocked to see a house that is in both the State and National Historic Register is slated for demolition?…that the house is in a condition that makes it comparatively easy to rehab? …
we wonder why the historic preservationists are not speaking out on this?

IS IT TRUE that the Indiana Republican State Convention delegates have their work cut out for them when they meet Saturday?… they have a platform to approve and two statewide candidates to choose?…we expect that Elkhart County Prosecutor Curtis Hill will emerge as the candidate for Attorney General, as he has the endorsement of a number of County Prosecutors, including our own Nick Hermann?  …that Mr. Hermann is not known for taking any political risks? …the  State School Superintendent slot is being sought by Dawn Wooten and Jennifer McCormick? …the winner of that race will face the incumbent, Glenda Ritz, this fall?

IS IT TRUE we highly recommend that you turn on your television set to local news Channel 44 and watch AMANDA DECKER  reporting the days events?  …AMANDA DECKER is becoming one of the top news journalists in the area?  …Channel 44 is quickly becoming a leading news outlet for the TRI-CITIES?  …we would like to congratulate Channel 44 news General Manager Jeff Fisher for putting together an outstanding news team?

IS IT TRUE that our extremely conservative bloggers Bill Hazelip sent this interesting e-mail?  …Bill alleges that: “the media and Democrats raged over candidate Romney’s $800 shirt, but they are silent when Hillary Clinton appears in front of a crowd talking about income inequality wearing a jacket/smock costing $12,500″?  …Bill also alleges that the difference the two is Romney is a rich man that he earned it and Hillary left the Whitehouse  allegedly broke”?  …we would like for Bill to send us his source that provided him with the above information?

IS IT TRUE Joe Wallace sent us this interesting piece for you’re reading pleasure?   …as you know the City of Evansville was just selected as a site for the 2016 “Promise Zone” site?   … attached is a public notice for a position in the 2016 Promise Zone Outreach & Engagement Specialist for AmeriCorps program in Texas? …member duties are : The VISTA will work with a coalition of community stakeholders to advance the goals in areas of community voice and community engagement. 1) Assist with leading efforts to coordinate community projects at a grass roots level that are developed to engage there eastside residents, such as job fairs, community clean ups, etc. 2) Work closely with the public relations consultant, community engagement specialist, VISTAs and partners to strengthen the community voice and recruit community volunteer/leaders to engage the community. 3) Define and implement specific community engagement strategies and goals for the Promise Zone to build the community voice at the grass roots level. 4) Assist with implementation of the community engagement plan and program that will be sustainable and operated by the community. 5) Attend and recruit Eastside community members ad residents to attend neighborhood association meetings, community events, resources events, and other community driven activities?  …the legal notice also stated that the Program benefits  are:  Living Allowance, Choice of Education Award or End of Service Stipend,  Education award upon successful completion of service, Health Coverage, Childcare assistance if eligible,  VIA Bus Pass, Training, Relocation Allowance?

IS IT TRUE can anyone help us figure out what in the “heck” are the rules or criteria that direct the activities of the “Promise Zone” Outreach & Engagement Specialist for AmeriCorps?  …it looks Washington has just created another wasteful “Pie In The Sky” Federal program?

IS IT TRUE we wonder if anyone provide us with the answers to who will own the new downtown Hotel and the I U Medical School buildings once they are built?

FOOTNOTES: Our next “IS IT TRUE” will be posted on this coming Monday.

Todays “READERS POLL” question is: If the election was held today for President of the United States who would you vote for?

Please take time and read our newest feature articles entitled “HOT JOBS” and “LOCAL SPORTS” posted in our sections.

If you would like to advertise in the CCO please contact us City-County Observer@live.com.

Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed

Marijuana Legalization Group Sues After Lafayette Rally Denial

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Marijuana Legalization Group Sues After Lafayette Rally Denial

A group advocating for the legalization of marijuana that was denied permission to rally on the grounds of the Tippecanoe County Courthouse in Lafayette has filed a federal lawsuit claiming a violation of the First Amendment of the U.S. Constitution.

The American Civil Liberties Union of Indiana announced Thursday a suit filed on behalf of Higher Society of Indiana Inc., which advocates and rallies for the legalization of marijuana. In May, Higher Society held a four-hour rally on courthouse property attended by 50 to 60 people, the suit says, but has now been denied access to the public space because of a “closed forum” policy that allows county commissioners individually and as a whole to determine which favored groups have access and which do not. The Tippecanoe County Courthouse has been the site of a number of events and rallies, from an annual art fair to a rally for Planned Parenthood. The lawsuit seeks to stop enforcement of the policy.

The group sought to stage a rally at the courthouse on June 17, but because no county commissioners agreed to “sponsor” the event, permission was denied.

“The First Amendment simply denies government the power to pick and choose which groups it allows to gather on public property,” said Ken Falk, ACLU of Indiana legal director. “You cannot suppress some speech without putting all speech at risk.”

The suit claims “The failure of the Commissioners to allow Higher Society to rally and meet on the grounds of the Tippecanoe County Courthouse is not reasonable and represents viewpoint discrimination.” The suit seeks an injunction to block the commissioners from enforcing its policy requiring sponsorship and approval for events at the courthouse.

“Higher Society of Indiana was saddened to hear of this rule put in place by Tippecanoe county officials. We believe this rule requiring ‘commissioner sponsorship’ in order to assemble on courthouse grounds is a direct violation of the U.S. Constitution,” said David Phipps, co-director of the organization. “The only thing this rule accomplishes is the censorship of the American people. It prevents any group the county does not approve of from speaking out and practicing their right to assemble. That being said, our organization still has faith that justice will prevail. Not just for this organization, but for every Hoosier that wishes to freely practice the rights given to us all.”

Tippecanoe County Commissioners did not immediately respond to a message seeking comment.

The case, Higher Society of Indiana, Inc. v. Tippecanoe County, 4:16-cv-00043, was filed in the U.S. District Court for the Northern District of Indiana, Hammond Division at Lafayette.

LINK TO THE CITY COUNCIL AGENDA

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AGENDA

CITY COUNCIL AGENDA JUNE 13, 2016 ROOM 301, CIVIC CENTER 5:30 P.M.

ROLL CALL

PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MEMORANDUM

REPORTS AND COMMUNICATIONS

CONSENT AGENDA
FIRST READING OF ORDINANCES AND RESOLUTIONS

ORDINANCE G-2016-19 A.S.D. McGINN

An Ordinance to Vacate a Certain Easement Within the City of Evansville, Indiana, Storm Drain Easement Across Lots 4 and 5, Stonefield Crossing Subdivision, Parcel ID 82-06-14-015- 170.027

ORDINANCE G-2016-20 A.S.D. McGINN

An Ordinance to Vacate Certain Public Ways or Public Places with the City of Evansville, Indiana, Commonly Known as that Portion of a 10-Foot Public Utility Easement on Lot 26 in East Pointe Business Park, Section 4, Also that Part of a 10-Foot Public Utility Easement on Lot 12 in East Pointe Business Park, Section 6, Also All that Part of a Lake Maintenance and Storm Drainage Easement on Lot 12 in East Pointe Business Park, Section 6

ORDINANCE F-2016-14 FINANCE McGINN

An Ordinance of the Common Council of the City of Evansville Authorizing Transfers of Appropriations, Additional Appropriations and Repeal and Re-Appropriation of Funds for Various City Funds

ORDINANCE F-2016-15 FINANCE McGINN

An Ordinance of the Common Council of the City of Evansville Authorizing Transfers of Appropriations, Additional Appropriations and Repeal and Re-Appropriation of Funds for Various City Funds

RESOLUTION C-2016-12 FINANCE McGINN

Resolution of the Common Council of the City of Evansville, Indiana, Regarding the Implementation of Certain Internal Control Standards and Procedures

RESOLUTION C-2016-13 FINANCE McGINN

Resolution of the Common Council of the City of Evansville, Indiana, Regarding Reporting Erroneous or Irregular Material Variances, Losses, Shortages or Theft of Public Funds

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CONSENT AGENDA
SECOND READING OF ZONING ORDINANCES

CITY COUNCIL AGENDA JUNE 13, 2016 ROOM 301, CIVIC CENTER 5:30 P.M.

ORDINANCE R-2016-07 APC C-4 to C-2

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 2301 W Michigan
Petitioner: Robert & Cindy Rexing
Owners: 2301 W Michigan LLC

Representative: Robert & Cindy Rexing District: Brinkmeyer, Ward 6

ORDINANCE R-2016-08 APC C-4 to R-2

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 200 E Columbia St.
Petitioner: Timothy Konrath
Owners: Same

Representative: Same
District: Hargis, Ward 3

ORDINANCE R-2016-09 APC

C-4 to C-2

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 2021 S Weinbach Ave.
Petitioner: AB Weinbach, LLC
Owners: Same

Representative: Cash Waggner & Associates, PC District: Robinson, Ward 4

ORDINANCE R-2016-10 APC R-1 to C-1

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1300 Harmony Way
Petitioner: Catholic Diocese of Evansville
Owners: Same

Representative: Morgan D. Jones District: Brinkmeyer, Ward 6

ORDINANCE R-2016-11 APC R-1 to C-4 w/ UDC

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 4405 N Green River Rd.
Petitioner: C & K Partnership, LP
Owners: Marsha K Farwick & Karen Walthall Trust

Representative: Marco DeLucio District: McGinn, Ward 1

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REGULAR AGENDA
THIRD READING OF ZONING ORDINANCES

CITY COUNCIL AGENDA JUNE 13, 2016 ROOM 301, CIVIC CENTER 5:30 P.M.

ORDINANCE R-2016-07 APC C-4 to C-2

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 2301 W Michigan
Petitioner: Robert & Cindy Rexing
Owners: 2301 W Michigan LLC

Representative: Robert & Cindy Rexing District: Brinkmeyer, Ward 6

ORDINANCE R-2016-08 APC C-4 to R-2

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 200 E Columbia St.
Petitioner: Timothy Konrath
Owners: Same

Representative: Same
District: Hargis, Ward 3

ORDINANCE R-2016-09 APC

C-4 to C-2

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 2021 S Weinbach Ave.
Petitioner: AB Weinbach, LLC
Owners: Same

Representative: Cash Waggner & Associates, PC District: Robinson, Ward 4

ORDINANCE R-2016-10 APC R-1 to C-1

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 1300 Harmony Way
Petitioner: Catholic Diocese of Evansville
Owners: Same

Representative: Morgan D. Jones District: Brinkmeyer, Ward 6

ORDINANCE R-2016-11 APC R-1 to C-4 w/ UDC

An Ordinance to Rezone Certain Real Estate in the City of Evansville, State of Indiana, More Commonly Known as 4405 N Green River Rd.
Petitioner: C & K Partnership, LP
Owners: Marsha K Farwick & Karen Walthall Trust

Representative: Marco DeLucio District: McGinn, Ward 1

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CONSENT AGENDA
SECOND READING OF ORDINANCES AND RESOLUTIONS

CITY COUNCIL AGENDA JUNE 13, 2016 ROOM 301, CIVIC CENTER 5:30 P.M.

ORDINANCE F-2016-11 FINANCE McGINN

An Ordinance of the Common Council of the City of Evansville Authorizing Transfers of Appropriations, Additional Appropriations and Repeal and Re-Appropriation of Funds for Various City Funds

ORDINANCE F-2016-12 FINANCE McGINN

An Ordinance Consenting to the Issuance by the Vanderburgh County Redevelopment Commission of Certain Tax Increment Refunding Revenue Bonds

ORDINANCE F-2016-13 FINANCE McGINN

An Ordinance of the Common Council of the City of Evansville Authorizing Repeal, Re- Appropriations and Additional Appropriations of Funds within the Department of Metropolitan Development

RESOLUTION C-2016-10 A.S.D. MERCER, MOSBY & ADAMS

A Resolution Approving a Mutual Aid Assistance Agreement with the City of Henderson

RESOLUTION C-2016-11 A.S.D.

A Resolution of the Common Council of the City of Evansville, Indiana Adopting the Evansville-Vanderburgh County Comprehensive Plan 2015-2035

REGULAR AGENDA
THIRD READING OF ORDINANCES AND RESOLUTIONS

ORDINANCE F-2016-11 FINANCE

ADAMS

McGINN

An Ordinance of the Common Council of the City of Evansville Authorizing Transfers of Appropriations, Additional Appropriations and Repeal and Re-Appropriation of Funds for Various City Funds

ORDINANCE F-2016-12 FINANCE McGINN

An Ordinance Consenting to the Issuance by the Vanderburgh County Redevelopment Commission of Certain Tax Increment Refunding Revenue Bonds

ORDINANCE F-2016-13 FINANCE McGINN

An Ordinance of the Common Council of the City of Evansville Authorizing Repeal, Re- Appropriations and Additional Appropriations of Funds within the Department of Metropolitan Development

RESOLUTION C-2016-10 A.S.D. MERCER, MOSBY & ADAMS

A Resolution Approving a Mutual Aid Assistance Agreement with the City of Henderson

RESOLUTION C-2016-11 A.S.D. ADAMS

A Resolution of the Common Council of the City of Evansville, Indiana Adopting the Evansville-Vanderburgh County Comprehensive Plan 2015-2035

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RESOLUTION DOCKET RESOLUTION C-2016-14

DOCKET

CITY COUNCIL AGENDA JUNE 13, 2016 ROOM 301, CIVIC CENTER 5:30 P.M.

COUNCIL AS A WHOLE

Resolution Approving an Agreement Between the City of Evansville and Vanderburgh County Regarding the Distribution of Funds Received from the 2016 Byrne Justice Grant Program Award

RESOLUTION C-2016-15 DOCKET MOSBY

Resolution Approving an Interlocal Agreement Between the City of Evansville and Vanderburgh County for the City to Acquire Certain Tax Delinquent Property From the County for the Purpose of Blight Elimination

MISCELLANEOUS BUSINESS

The next meeting of the Common Council will be Monday, June 27, 2016 at 5:30 p.m. Committee meetings will begin at 5:00 p.m.

ADJOURNMENT