BOARD OF PARK COMMISSIONERS REGULAR MEETING
BOARD OF PARK COMMISSIONERS
KEVIN WINTERNHEIMER CHAMBERS
ROOM 301, CIVIC CENTER COMPLEX
WEDNESDAY, JULY 15, 2015
12:00 NOON
AGENDA
1. CALL TO ORDER
2. MINUTESJuly 1, 2015
3. CONSENT AGENDA
       a.  Request Re: Approve and Execute Park Use Application with the Rehabilitation Center for
Usage of Garvin Park for Fantasy of Lights November 5, – January 10, 2016. – Hayes
b. Â Request Re:Â Approve and Execute Independent Skating Professional Agreement with
Judith Hardesty for Swonder Ice Arena. – Crook
c. Â Request Re:Â Approve and Execute Independent Skating Professional Agreement with
Amy Hoon for Swonder Ice Arena. – Crook
d. Â Request Re:Â Approve and Execute Independent Skating Professional Agreement with
Brianna Linenburg for Swonder Ice Arena. – Crook
e. Â Request Re:Â Approve and Execute Independent Skating Professional Agreement with
Grace Myer for Swonder Ice Arena. – Crook
f. Â Request Re:Â Approve and Execute Independent Skating Professional Agreement with
Kiersten Overton for Swonder Ice Arena. – Crook
g. Â Request Re:Â Approve and Execute Independent Skating Professional Agreement with
Dana Tang for Swonder Ice Arena. – Crook
h. Â Request Re:Â Approve and Execute Independent Skating Professional Agreement with
Christin Thompson for Swonder Ice Arena. – Crook
i. Â Request Re:Â Approve and Execute Design Services Agreement with Fosse and Associates
for Kley Building at Mesker Park Zoo & Botanic Garden. – Beck *
j. Â Request Re:Â Approve and Execute Agreement with American Eagle for Tree Removal
at Mesker Park Zoo & Botanic Garden. – Bouseman*
*Recommendation from Mesker Park Zoo & Botanic Garden Advisory Board.
4. Â Â Â Â OLD BUSINESS N/A
5. Â Â Â Â NEW BUSINESS
a.  Request Re: Accept Donation of Property from Echo Housing Corporation. – Stephanie
Tenbarge
b. Â Request Re:Â Any Other Business the Board Wishes to Consider and Public Comments.
6.    REPORTS
a. Â Denise Johnson, Executive Director
7.    ACCEPTANCE OF PAYROLL AND VENDOR CLAIMS
Â
8.    ADJOURN
Vanderburgh County recent Booking Records
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
http://www.vanderburghsheriff.com/recent-booking-records.aspx
IS IT TRUE JULY 10, 2015
IS IT TRUE the Evansville’s taxpayers share for the Downtown Convention Hotel project is now up to $28.5 million dollars from the original $20 million dollars?
IS IT TRUE the taxpayers of this community have No Equity position in our $28.5 investment of the Downtown Convention Hotel project?
IS IT TRUE the Hotel is a now a $60 plus million dollar project? …private investors have little if anything invested.? …the City taxpayers invest $28.5 million dollars, $12 million dollars is invested by Old National Bank and $20 million dollars from a bank loan? …where is the private contribution?
IS IT TRUE we wonder how much did the taxpayers invest in the building of the two hotels at Tropicana-Evansville?
IS IT TRUE we wonder what the status of the old McCurdy Hotel is?
 IS IT TRUE we wonder what the status of the old Riverhouse Hotel is?
IS IT TRUE we wonder how many Facade Grants did DMD give to start up businesses during the last two years?  …we wonder how many Facade Grants did the DMD give to startup businesses located on the far Westside, Eastside and Northside of town? …we wonder how many Facade Grants were giving to start up and established businesses located downtown,  North Main and Haynie’s Corner?
IS IT TRUE we wonder if “Preacher Steve'” will show up at Mondays City Council meeting to get answers to the 16 questions he submitted to the Mayor Chief of Staff at the last City Council meeting? Â …we bet the Mayors Chief of Staff and the City Controller will be lawyer up to stop the real truth to “Preacher Steve” 16 questions from being answered?
IS IT TRUEÂ posted below is an e-mail from DMD Director Kelley Coures to the City Council? …please note the arrogant tone of Mr. Coures email to City Council?
From: “Coures, Kelley” <kcoures@evansville.in.gov>
Date: July 9, 2015 at 12:23:47 PM EDT
Subject: Vann Pollack Park
Good morning.
I am very pleased that several city councilmembers are so keenly interested in our proposed allocation for Vann Pollack Park! I do not ever remember so many individual inquiries about HUD policy, data research, funding and other facets. Sounds like someone wants to work in DMD!
Since there have been so many, I thought I would just address them together in summary form:
Our search for unused CDBG continues, and when I find additional money I immediately bring it to council if I have a project in mind, like the funds for sidewalks and now Vann Pollack Park. I do not, at this time, have a complete count as it is ongoing and requires quite a bit of time. We will find it all, however I am sure.
Our Coordinator Josh Calhoun completed the survey data of census tract 36 within HUD requirements at the block level from the HUD website itself, and determined its qualification as a QCT. In fact, we were able to add Census tracts 8, 10 and 37.02 to our list.
We are, and will continue to be, in 100% compliance with HUD policies as long as I am director. Someone else may come in later and do things against policy but I won’t.
HUD allows improvements to parks as long as they are open to everyone in the census tract and the area is low/mod (i.e. we couldn’t improve a private golf course or Country Club)
We have done several of these projects in cooperation with the Parks Foundation such as Howell Park parking lot, Jacobsville Park playground, and upcoming Tepe Park’s new basketball court (you all approved those funds earlier)
I have met with the neighborhood and they approve of the plan
We are not leaving out any other project
No, we cannot put those funds into one of the agencies we serve through Public Service as that would violate the 15% cap HUD establishes for Public Services
Yes, the Mayor is aware and supports the project
Yes, the Parks department is aware of the project and helped secure estimates for the materials
Yes, we can pay for the project with Federal funds
No, I don’t think this is an exorbitant amount to pay for a park improvement our basketball court at Tepe is $25,000.
And finally why am I pursuing this at all: because I believe the children of the 2nd ward are as important as the children in every other ward. As the Obama administration states so eloquently “No child’s future should depend on his or her zip codeâ€.
If I have left any individual question unanswered please let me know. Again, I am so pleased you all are interested in how we do what we do. Who would have thought some park equipment would make such a difference? Not me! If any of you are interested in light reading, I sent the entire state’s roster of census blocks to Councilman Friend. Its interesting reading even little rural counties have some poverty.
Have an excellent day!!! As always, thanks for all you do and your unwavering support to Evansville’s neighborhoods!
Kelley M Coures
Executive Director
Department of Metropolitan Development
1 NW MLK Jr. Blvd
Evansville IN, 47708
kcoures@evansville.in.gov
812-436-7806
Tri-State Jobs With Justice Press Release Regarding Negotiations Between The EVSC and IBT Local 215.
The EVSC decision to walk away from negotiations with corporation employees on June 30, 2015 shows how extreme the assault on workers bargaining rights has become.
The EVSC has refused to conduct further negotiations with IBT 215 because the union would not agree to school corporation proposals dealing with union security and the grievance procedure. With respect to the grievance procedure, EVSC reportedly has refused to continue negotiations with Teamsters Local 215 because the employees want to preserve the right to have an independent arbitrator determine the final disposition of employee grievances. Arbitration as a final step of the grievance procedure is a fundamental contract provision and is common in both the private and public sector.
EVSC wants to strip arbitration rights and have the School Board become the final arbiter of all employee grievances. This is the same School Board that already seems to rubber stamp Administration decisions.  This type of proposal is union busting at its core. If management takes action against an employee, the employee appeal should not be limited to the one who took the action in the first place.
Basic fairness calls for an independent arbitrator to determine the outcome of employee grievances. Sadly, the EVSC Board seems to have taken a cue from the Indiana State Legislature with respect to the assault on collective bargaining rights in public education.
Tri-State Jobs With Justice stands with IBT Local 215. We ask the members of the EVSC Board to stop the union busting and to bargain in good faith with IBT Local 215.
Tri-State Jobs With Justice is an organization that brings together labor, education, community and faith voices to protect and advance the rights of working people in the Tri-State.
FOOTNOTE: THIS ARTICLE WAS POSTED WITHOUT BIAS, OPINON OR EDITING.
CITY SWIM MEET
The 2015 City Swim Meet will be held this Saturday, July 11, andÂ
Sunday, July 12, at Garvin Park Pool. All Neighborhood Pools, with the exception of Rochelle-Landers, will be closed both days in order for staff to help out with the Swim Meet.
Rochelle-Landers will be open normal business hours from 11 a.m. to 5 p.m. on Saturday, and from noon to 8 p.m. on Sunday. Hartke Pool will also be open normal business hours from 11 a.m. to 8 p.m. on Saturday, and from noon to 8 p.m. on Sunday. In addition, Lloyd Pool will be open normal business hours from noon to 8 p.m. on Saturday, and from noon to 5 p.m. on Sunday.
The preliminaries for the City Meet will start at 9 a.m. on Saturday, and the finals will start at
9 a.m. on Sunday.
Nearly 500 swimmers will be participating in the City Swim Meet ranging in age from 4 to over 65-years-old. Everyone is urged to come out and root for their favorite team.
7th Circuit reversal: Kansas FedEx drivers employees, not contractors
Kansas FedEx truck drivers are company employees and not independent contractors, the 7th Circuit Court of Appeals ruled Wednesday, reversing a key ruling in continuing multi-district litigation.
The case is one of about 70 class-action lawsuits FedEx drivers filed over the last decade challenging their classification as contractors. The consolidated MDL cases are being heard by Judge Robert Miller in the U.S. District Court for the Northern District of Indiana, South Bend.
Miller ruled in favor of FedEx, but the 7th Circuit posed certified questions to the Kansas Supreme Court, which answered that drivers were company employees under the Kansas Wage Payment Act.
In a six-page per curiam opinion, a panel including Judges Frank Easterbrook, Richard Posner and John Tinder reversed summary judgment for FedEx and ordered judgment in favor of the drivers. The case is In Re: FedEx Group Package System, Inc. Employment Practices Litigation, Carlene M. Craig, et al. v. FedEx Ground Package System, Inc., 10-3115.
“FedEx’s understanding of the Kansas Supreme Court’s decision strays from reality,†the court wrote. Judges rejected the company’s claim that Kansas justices restated a 20-factor test for determining employment status under the state’s wage act.
“Not surprisingly, FedEx argues that we should not follow the Kansas Supreme Court’s answers to the certified questions,” the 7th Circuit panel wrote, noting such answers are binding statements of law. “FedEx simply disagrees with the Kansas Supreme Court’s legal conclusions.”
The 7th Circuit remanded for entry of judgment for the drivers and for proceedings, which may require remand to a Kansas District Court for a determination of damages.
In a separate case, FedEx last month agreed to a $227 million settlement with its drivers in California.