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BOARD OF PARK COMMISSIONERS Agenda – 6/17/15

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BOARD OF PARK COMMISSIONERS

REGULAR MEETING

KEVIN WINTERNHEIMER CHAMBERS

ROOM 301, CIVIC CENTER COMPLEX

WEDNESDAY, JUNE 17, 2015

12:00 NOON

REVISED AGENDA

1. CALL TO ORDER

2. MINUTESN/A

3. CONSENT AGENDA

             a.   Request Re:  Approve and Execute Concession Addendum with Lauer Power, LLC for Camp

Swonder Lunches. – Nadeau

b.   Request Re:  Approve and Execute Swonder Ice Arena Use Agreement with the Evansville

IceMen. – Nadeau

c.   Request Re:  Approve and Execute Swonder Ice Arena Use Agreement with the Greater

Evansville Figure Skating Club. – Nadeau

d.   Request Re:  Approve and Execute Independent Skating Pro Agreement with Scott Murphy

for Swonder Ice Arena. – Nadeau

 

4.         OLD BUSINESS

a.   Request Re:  Approve and Execute LPA Consulting Agreement with Lochmueller Group, Inc.

for Hi- Rail Greenway Section. – Johnson

b.   Request Re:  Permission for Evansville Soccer Club to Install Fencing at Price Park. -  Jack

Strassweg

 

5.         NEW BUSINESS

a.   Request Re:  Permission for Eagle Scout to Install a Large Adirondack Chair on the Greenway.

– Nick Yeager

b.   Request Re:  Any Other Business the Board Wishes to Consider and Public Comments.

6.        REPORTS

a.   Denise Johnson, Executive Director

7.        ACCEPTANCE OF PAYROLL AND VENDOR CLAIMS

 

8.        ADJOURN

Governor Pence to Visit Elkhart County Tomorrow

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Indianapolis – Tomorrow, Governor Mike Pence will visit the RV/MH Hall of Fame in Elkhart County, where he will ceremonially sign SEA 197, which allows an individual without a commercial driver’s license (CDL) to transport an RV or towing vehicle to the dealership for sale. Details below.

 

Wednesday, June 17:

 

2:15 p.m. EDT – Governor Pence to ceremonially sign SEA 197

*Media are welcome to attend.

RV/MH Hall of Fame, 21565 Executive Parkway, Elkhart

IS IT TRUE JUNE 17, 2015

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IS IT TRUE that nearly all of the many divergent groups of local Democrats have come together and made the determination they need to support Gail Riecken for Mayor?  …there are a few self serving Democrats that may be trying to help themselves to the till, but these efforts  will be in vain?

IS IT TRUE that we simply DO NOT believe the recent News Release from the City Administration and Kunkel that the construction of the McCurdy is imminent?  …we’ll believe it… when we see it?   …we also cannot believe that these renovations will cost less than $25 million.?   …the building it quite literally falling apart and deteriorating by the day?

IS IT TRUE the Winnecke administration is very busy trying to line up groundbreakings in September.?  …the Mayor’s Office also announced the 2nd Annual Groundbreaking Ceremonies for the new Downtown Hotel will be held in late August or early September?   …remember this is the 2nd Groundbreaking on the same darn downsized Hotel (now with window air conditioners)?  … maybe the Mayor will order a banner proclaiming “MISSION COMPLETE”?  … I think I’ve seen that phrase before on another failed ceremony?

IS IT TRUE that the city streets have never been worse.?   …we are in the heart of the paving season and see very little being done to re-pave streets.?  …in every corner of this town, the streets are awful?  … where is the leadership in getting these badly needed repairs and repaving?

IS IT TRUE Dr. Dan /a/k/a/ Dr. Dan Adams, President of the City Council has requested an update from the Mayor about the status of the new Hotel and current funding?   …he has graciously invited the Mayor to update the City Council at an upcoming public meeting?  …update to follow?

IS IT TRUE the CCO held a very successful celebration of leadership banquet at the Tropicana Hotel this week?  …many fine community leaders were recognized and awarded the CCO Community Service Award for 45 and under encouraging and  honoring the future power brokers in our community for their efforts and talents?  …the recipients were Brian Bennett, Nick Hermann, Chase Kelly, Joe Langerak, Stacy McNeil, Amy Rivers-Word, Jacob Pendleton and Stephanie Terry? …congratulations and a sincere thank you for your unselfish contributions in making this community a better place to live and raise a family?

IS IT TRUE we encourage you to take time and vote in our “Readers Poll”?

Have a good day!!

Honoring Bosse Field

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This Wednesday night, I invite you to join me for an Evansville Otters home game against the Windy City Thunderbolts. The game starts at 6:35, and I will be attending to present a House Resolution recognizing Bosse Field on its 100th anniversary.

Bosse Field first opened in 1915 and was the first municipally owned sports facility in the United States. The baseball field was named in honor of Benjamin Bosse, the mayor of Evansville from 1914 to 1922, who was crucial to the building of the stadium.

There are only two fields older than Bosse Field, Boston’s Fenway Park and Chicago’s Wrigley Field. Bosse Field has been home to the Evansville River Rats (1913-1915), the Evas/Pocketeers/Hubs (1916-1931), the Evansville Braves (1946-1957) and the Evansville Triplets (1970-1984).

I encourage you to join me for a night filled with baseball, peanuts and fun and I look forward to seeing you out there!

Jacobsville Join In Day – June 18th!

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Neighbors serving Neighbors. We ALL have something special we can do to make life better for our neighbors, our selves and city.

Over 100+ people are doing great things in Jacobsville this Thursday that will impact hundreds more…This service day could bring better health to a senior; help a dog find a loving home; or just bring a smile to your face! Check out the list below to take part in Thursday’s activities. We are Jacobsville. Join in!!

Jacobsville Join In Day! – Neighborhood Service activities:

7:00 – 8:00 a.m., JJI Donut Drop & High Fives, 621 N. Main St

9:30 a.m., HABITAT Interfaith Advisory Council lot blessing, 501 Garfield Avenue

10-11:00 a.m., Leota Brigham book & magazine donation, Lucas Place & SWIRCA

10:00 a.m. – Noon, Deaconess FREE Medication & Health Risk Assessments at Deaconess Family Medicine, 415 W Columbia

Begins 11:00 a.m., Jacobsville Join In Cookies for Customers, DiLegge’s Restaurant  607 N. Main St

1:00 p.m., Jacobsville Join In Press Conference, 120 E. Florida Street

1:00-3:00 p.m., “Dogs for Dogs” Hot Dog Fundraiser proceeds benefit Humane Society, Jacobsville Park by ECHO Housing Staff

1:00-3:00 p.m., FREE Car Wash, Dream Center parking lot 16 W. Morgan Ave.

2:00-4:00 p.m., ECHO Housing Corporation’s “HAPPY HOUR” - FREE Kona Ice beverages Jacobsville Park. First come First served!

2-4:00 p.m., EPA “Jeopardy” Quiz Environmental Education, Jacobsville Park

2-4:00 p.m., CDC publicize “Soil Shop,” Jacobsville Park

6:30 p.m., Vanderburgh Historical Society North Main Street Historical Walking Tour, meet at Zesto’s on Franklin

All day: Jacobsville Safety & Cleanliness WG scouting crime hot spot areas for Neighborhood Watch & Litter Prevention Signage

All day: “We are Jacobsville. Join in.” Signage Zesto’s on Franklin

Unscheduled Time: Kathy Guntel & grandchildren Litter Cleanup
North Main to Iowa St.

Unscheduled Time: Becky Howard Litter Cleanup around Louisiana

Unscheduled Time: Golden Living Center Woodbridge water donation for Flower Power event

Unscheduled Time: Jacobsville Area Community Corp. Dog v. Cat Collection Donation for Vanderburgh Humane Society

Motorist Arrested after Brandishing a Handgun

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

Yesterday a motorist called 911 to report the driver of a white Pontiac Grand Prix had brandished a handgun. The motorist reported that the driver of the Pontiac had been driving in an erratic manner in the area of the E. Lloyd Expressway and I-69 and would not allow her to pass. The motorist reported that when their vehicles reached the area of N. Green River Road the driver of the Pontiac displayed a handgun on two occasions.

With the assistance of the motorist who called 911, sheriff’s deputies located the white Pontiac traveling on Oak Hill Road near William Brooks Road. The driver of the Pontiac, Mr. Christopher James Montgomery, admitted to displaying his handgun to a motorist. Mr. Montgomery told deputies, “I really f—ed up.” Mr. Montgomery explained that he believed the other vehicle was following him and thought displaying his gun would cause them to stop.

Mr. Montgomery was taken in custody and his vehicle inventoried. Along with drug paraphernalia, a black 9mm semi-automatic handgun was found inside the vehicle.

Vanderburgh County Recent Booking Records

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

EPD Activity Report

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

Governor Pence Urges Congress to Pass Repeal of Medical Device Tax

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Indianapolis – In a letter sent today to the Indiana Congressional Delegation, Governor Mike Pence calls on Congress to pass H.R. 160, the Protect Medical Innovation Act of 2015, which eliminates the 2.3 percent excise tax on medical devices that was originally passed as part of the Affordable Care Act. The House is expected to vote on the legislation early this week.

 

“The life sciences industry has a $59 billion impact on Indiana’s economy, employing more than 56,000 Hoosiers with 20,000 of them in medical device-related jobs,” wrote Governor Pence. “Yet because of the medical device tax, research and development have been reduced, expansion plans have been put on hold, and some manufacturers have moved product lines outside of the country. Rather than stifling this industry, it should be encouraged to innovate, expand, and grow jobs domestically, preferably in Indiana.”

 

Indiana is second in the nation, behind California, in exports of life sciences products at a value of more than $9.8 billion.  The medical device industry provides good-paying jobs, with companies paying 56 percent more than the average wage in Indiana, and more than half of the industry’s jobs do not require a college degree, meaning that this work is available to a wide range of Hoosiers.

 

“We have a strong history with life sciences and medical devices in Indiana that we are well-poised to build upon in the future, but eliminating the federal medical device tax is a key step to our future success,” wrote Pence. “The Protect Medical Innovation Act and its companion Senate bill have been cosponsored by nine bipartisan, bicameral members of the Indiana delegation. Given the strong support for this legislation, upon passage in the House I hope the Senate will promptly pass this bill and send it to President Obama for his signature.”

7th Circuit revives Anderson transit worker’s ADA claim

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Dave Stafford for www.theindianalawyer.com

A mechanic’s helper with the City of Anderson Transit System won the right to pursue his claims that his firing violated his rights under the Americans with Disabilities Act.

Marc Shell worked in his position for CATS for a dozen years and had hearing and vision impairments. The job description for his position required him to occasionally drive city buses to field locations, but Shell’s disability prevented him from obtaining a commercial driver’s license.

When a new mayor was elected, Shell was fired after a new CATS director enforced the job description and Shell could not get a CDL. The federal District Court granted summary judgment in favor of Anderson, but the 7th Circuit reversed Monday in Marc Shell v. Kevin Smith, in his official capacity as Mayor of the City of Anderson, et al., 14-2958.

“On appeal, Shell challenges only the district court’s entry of judgment as a matter of law on his ADA claim. We agree that a jury should decide whether the City violated the ADA,” wrote District Judge Theresa L. Springmann, sitting by designation from the Northern District of Indiana. Shell had also brought a claim before the District Court that his firing was politically motivated, but that matter wasn’t before the circuit court.

The panel held that the city could only require Shell to obtain a CDL if driving a bus was an essential function of the job of mechanic’s helper. The job description spells out numerous responsibilities but qualifies driving duties as something the position “may” require “occasionally.” Springmann wrote the job description had not changed during Shell’s tenure, yet driving was never part of his regular duties.

“It is difficult to see how the duty could be deemed essential at the summary judgment stage,” she wrote. “… Because there is evidence and reasonable inferences favorable to both parties, and the factual record does not establish as a matter of law that driving a bus was an essential function … this case must be allowed to proceed to a jury,” the panel concluded, remanding the matter to Judge Jane Magnus-Stinson in the U.S. Court for the Southern District of Indiana.

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