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EPA Administrator Signs MOU With American Conservation Coalition To Enhance Environmental Education

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U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler signed a first-time Memorandum of Understanding (MOU) with the American Conservation Coalition (ACC) to attract, educate, inspire and prepare students for careers and opportunities within today’s various environmental fields.

“Today’s MOU with the American Conservation Coalition will help educate and encourage more students to get involved in important environmental issues like combatting marine litter, improving recycling, and reducing lead exposure,” said EPA Administrator Andrew Wheeler. “EPA is proud to work alongside ACC to inspire the next generation of environmental leaders and advance solutions to today’s pressing environmental challenges.”

“ACC is delighted to be working with the EPA on important projects to improve our environment,” said Benji Backer, American Conservation Coalition President. “Environmental progress is important no matter where it comes from, and the EPA plays a vital role in protecting our environment. Administrator Wheeler and his team will be important allies for the environmental movement going forward.”

ACC can help and attend at many EPA events including Trash Free Waters, Winning on Reducing Food Waste Initiative, Healthy Schools Initiative, and America Recycles Day. EPA looks forward to continuing the relationship with ACC and its members on over 130 college campuses.

Explore Ivy Tech Event Planned at Eastland Mall Saturday

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Individuals interested in learning more about Ivy Tech Community College, and its more than 50 programs that are available for study, can combine their back-to-school shopping, along with their inquiry, by coming to Eastland Mall, Saturday.

Explore Ivy Tech is planned for Saturday, July 27, from 10 a.m.-2 p.m., in the Center Court area of Eastland Mall. Each of Ivy Tech’s seven schools, representing nearly 100 certificates, technical certificates and associate degrees, will have information for individuals to pick up, as well as free offerings. An opportunity to apply on-site and be accepted, will also be available.

Attendees will be able to learn about the valuable of stackable degrees, getting an individual into the workforce quickly, on their way to an Associate of Applied Science or Associate of Science degree.  The Workforce Alignment team will be on hand, as well, with information about non-credit class offerings, as well as Next Level Jobs programs, which offer a free college credential for those who have not yet earned a college

IU’s King Wins Silver Medal At FINA World Championships

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Indiana University postgraduate swimmer Lilly King won silver at the 2019 FINA World Championships in Gwangju, South Korea on Wednesday.

King was a member of Team USA’s mixed 4×100 medley relay team that placed second on Wednesday morning with a time of 3:39.10. The American team consisted of Ryan Murphy, King, Caeleb Dressel and Simone Manuel. Australia edged Team USA at the end, winning by just .02 seconds with a time of 3:39.08

The two-time gold medalist from the 2016 Rio Olympics will also swim in the women’s 200m breaststroke, and most likely, the women’s 4x100m medley relay later this week.

Postgrad Hoosier Blake Pieroni qualified fifth overall for Thursday morning’s final of the men’s 100m freestyle, touching the wall in the semifinals with a lifetime-best mark of 47.87. Pieroni was also the fifth overall qualifier for the semifinals after posting a 48.31 in prelims.

Also in the men’s 100m freestyle, rising Indiana junior Bruno Blaskovic placed 27th overall in the event for Team Croatia with a time of 49.24.

In the men’s 200m medley, IU rising senior Mohamed Samy finished 32nd for Team Egypt with a mark of 2:02.57.

Swimming prelims in Gwangju begin each night at 9:00 p.m. ET, with finals the next morning starting at 7:00 a.m. ET. Swimming at the FINA World Championships runs through Monday, July 28.

 

“LEFT JAB AND RIGHT JAB” JULY 25, 2019

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“LEFT JAB AND RIGHT JAB”

“Right Jab And Left Jab” was created because we have two commenters that post on a daily basis either in our “IS IT TRUE” or “Readers Forum” columns concerning National or International issues.
Joe Biden and Ronald Reagan’s comments are mostly about issues of national interest.  The majority of our “IS IT TRUE” columns are about local or state issues, so we have decided to give Mr. Biden and Mr. Reagan exclusive access to our newly created “LEFT JAB and RIGHT JAB”  column. They now have this post to exclusively discuss national or world issues that they feel passionate about.
We shall be posting the “LEFT JAB” AND “RIGHT JAB” several times a week.  Oh, “LEFT JAB” is a liberal view and the “RIGHT JAB is representative of the more conservative views. Also, any reader who would like to react to the written comments of the two gentlemen is free to do so.

FOOTNOTE: Any comments posted in this column do not represent the views or opinions of the City-County Observer or our advertisers.

Grieshaber’s clutch hit gives Otters extra-inning win

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Keith Grieshaber delivered a clutch go-ahead two-RBI single in the 10th inning Wednesday to push the Evansville Otters to a 3-1 victory against the Joliet Slammers.

Wednesday’s middle game of the series from Joliet, Ill. was a pitcher’s duel between Slammers starter Tyler Jandron and Otters starter Anthony Arias.

 

Jandron pitched well through seven scoreless innings, utilizing his defense behind him compared to his start last week at Bosse Field where he racked up 10 strikeouts.

 

The Otters had runners on second base in the fourth and fifth innings but failed to score as Jandron was able to get out of two situations with runners in scoring position.

 

Arias made his best, deepest start as an Otter, working past some first inning trouble.

 

The first three batters he faced in the first inning all reached base including one by error, but a fielder’s choice, a popout and a strike out helped Arias get out of the first without allowing a run.

 

From that point on, Arias settled in. He tossed a season-high nine strikeouts in six innings pitched, surrendering only two hits and three walks. He finished with a no-decision.

 

The Otters were able to get to Jandron in the eighth for the first run of the game.

 

In the top of the eighth, newly acquired Otter and former River City Rascal, Tanner Wetrich doubled, giving the Otters a runner in scoring position.

 

Just like Tuesday’s game, David Cronin came through again for the Otters when he singled to score Wetrich, giving the Otters a 1-0 lead.

 

That would end the day for Slammers starter Tyler Jandron, who threw eight solid innings while allowing only one run on eight hits and ringing up seven batters. He earned a no-decision.

 

The Slammers would strike back in the bottom half of the frame.

 

Otters reliever Cam Opp came on in the eighth inning and surrendered three straight singles to Dash Winningham, Riley Krane, and Harriston Bragg, forcing the bases loaded with no-outs.

 

A ground ball by Jimmy Roche forced Cronin to turn a 4-6-3 double play, allowing Winningham to score, and tying the game at one.

 

Opp would strikeout Clayton Harp to end the eighth, and threw a scoreless ninth to force the game into extra innings.

 

Jack Meggs reached on base to lead off the top of the tenth on an error at third base, which allowed Meggs to advance to second with no outs.

 

Three batters later, a wild pitch by Slammers reliever Mario Samuel allowed Meggs to trot to third, giving the Otters the go-ahead run 90 feet from home.

 

After recording outs to Rob Calabrese and Hunter Cullen, Samuel would throw back-to-back hit-by pitches to Wetrich and Cronin to load the bases with two outs.

 

Grieshaber then roped a two-RBI single to score Meggs and Wetrich to put the Otters ahead 3-1.

 

Taylor Wright ran into a bit of trouble in the 10th inning, as the Slammers had runners on the corners with two outs and Roche representing the go-ahead run at the plate.

 

Roche would foul out to Meggs in right field to give Wright his ninth save of the season.

 

Cam Opp earned his second win of the season, while Mario Samuel was given the loss.

 

Game three of the series will be Thursday night at 7:05 p.m.

 

Austin Nicely will take the mound for the Otters and will be opposed by Matt Quintana of the Slammers.

 

ECVB MEETING

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BOARD OF PUBLIC SAFETY MEETING

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BOARD OF PUBLIC SAFETY

Lawyer’s failure to appear merits setting aside default, COA rules

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Dave Stafford for www.theindianalawyer.com

A lawyer’s failure to appear at a hearing to represent his client who was being sued in a civil case arising from a failed joint business venture should not have resulted in a default judgment and sanctions against the defendants, the Indiana Court of Appeals ruled Wednesday.

The appellate panel affirmed a Marion Superior Court order setting aside a default judgment, treble damages and sanctions entered against defendants in a business joint venture that fizzled and resulted in litigation.

In 2013, KWD Industrias SA DE CV provided $46,800 to Mark Reynolds on behalf of IMP LLC to purchase equipment to manufacture heavy-duty commercial solenoid switches in Mexico. But after the deal soured, KWD sued, demanding return of the money, treble damages, attorney fees and punitive damages.

IMP retained Indianapolis attorney Steven Fulk to defend against the claims, and Fulk also filed a replevin action as a counterclaim, seeking return of property valued at more than $170,000 and stating numerous other claims and affirmative defenses. But Fulk failed to appear at an April 18, 2018, final pre-trial conference, a day after which KWD filed a motion for sanctions, default judgment, attorney fees and other relief.

After a hearing, the court entered default judgment on May 14, 2018, in favor of KWD and against IPM for $46,800 plus costs of $151 and against Reynolds for $140,400 plus attorney fees of $22,747.39 and costs of $151, and ordered that appellees’ counterclaims be dismissed with prejudice. In June 2018, KWD sought and was granted leave from the court to communicate directly with the defendants, noting Fulk had not been in communication or reachable for months.

“On July 24, 2018, Appellees by new counsel filed a motion under Ind. Trial Rule 60 requesting that the court set aside its May 14, 2018 order and set the matter for a pre-trial conference. The motion stated that the dispute arises out of a failed joint venture between KWD and IPM; that Appellees, represented by Attorney Fulk, filed an answer and counterclaims; that neither IPM nor Reynolds was notified of either the final pre-trial conference or the scheduling of the bench trial; that ‘[i]t is unknown to undersigned counsel whether Mr. Fulk had notice as he has not responded to undersigned counsel’s attempts to contact him’; and that, ‘[t]o date, Mr. Fulk has not responded to inquiries as to why he failed to appear,’” Judge Elaine Brown wrote.

Under these facts, the trial court properly set aside the default judgment per Trial Rule 60(B), the panel concluded in KWD Industrias SA DE CV v. IPM LLC and Mark Reynolds, 18A-CC-2751.

“Appellees have alleged facts which, if true, may support their defenses or counterclaims and lead the fact-finder to reach a different result,” Brown wrote. “KWD raises claims of breach of contract and unjust enrichment against IPM and claims of conversion and deception against Reynolds. In response, Appellees assert affirmative defenses including, among others, that KWD failed to mitigate its damages and that its claims are barred by the doctrine of unclean hands and fraud. Appellees also raise several counterclaims against KWD including an action in replevin seeking the return of property valued in excess of $170,000 and damages, civil conversion seeking treble damages, and unjust enrichment. They allege that KWD is unlawfully detaining property which belongs to them. Reynolds states in his declaration that IPM provided KWD with two complete manufacturing assembly lines, KWD did not pay for the equipment and assembly lines, it is believed KWD still has possession of the property, and the value of the property is approximately $156,000.

“… Under these circumstances, we cannot say the trial court abused its discretion in granting Appellees equitable relief from the finality of default judgment,” the panel concluded, affirming the trial court’s setting aside that order.

While not referenced in the opinion, Fulk was suspended from the practice of law in later June by the Indiana Supreme Court for failing to cooperate in the investigation of a grievance against him. The suspension order did not state the nature of the grievance.

ADOPT A PET

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Penny is a female American Staffordshire Terrier mix. She’s around 1 ½ years old. Penny was surrendered for not liking other dogs. Potential adopters can do a meet & greet with their own dogs to see if Penny likes them – she may like some dogs and not others! Her adoption fee is $110 and includes her spay, microchip, and vaccines. Contact Vanderburgh Humane at (812) 426-2563 for adoption details.

 

Donald Clifford Burnell

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Donald Clifford Burnell of Chandler, Indiana passed peacefully into The Lords Kingdom on Wednesday morning, July 23, 2019. Donnie was 68 years young.
Donald was the first born son to Donald Arthur and Bernice Burnell in Massena, New York on March 22, 1951.
Donnie grew up in Massena the eldest of four children. He attended Massena Central High School where he met the love of his life his senior year, Deborah. After high school Donnie attended Canton ATC College and went on to become an electrician.
In 1972 Donald made Deborah his wife. Donnie and Debbie were each other’s great love. They made their family by having two daughters. Donnie loved all “his girls” as he would lovingly refer to his wife and daughters.
Donald worked for Alcoa as an Electrical Engineer Supervisor from 1973 until he retired in 2003. He loved camping, was a proud member of the Chandler United Methodist Church where he sat on the council and served with the men’s group. He was hard working and loved life, his family, friends and Our Lord Savior with his whole heart.
Donnie was preceded in his calling to the Lord by so many he loved. His wife, best friend and soul mate, Deborah Burnell along with his daughters and their spouses, Tamela and James Kessinger and Tara and Michael Kopp were his immediate family. He preceded his three sisters and their spouses, Patricia and John Minor, Jean and Michael Hudon and Jane and Geoff Smythe. Also siblings in-laws and spouses, Pamela and David Tefft, Shayne and Kay Summers, Cheryl Summers, Melody and Bobby Handigard and Monica Summers. He was a proud “Pops” to his grand daughters, Madison-Rae Kessinger and Mackenzie Kopp along with his grandson Ricky Pitsonbarger. He was “Uncle Don” to his nieces and nephews, Imran Awan, Michael and Mark Summers, Monica, Melissa and Michael Hudon, Jared Smythe, Lucas, Amanda, Marilee and Danny Summers, Martina and Bobby Handigard, Margot and Malcolm Summers and Emile summers. In addition to the family listed there are so many lives he touched ; his great nieces and nephews, his daughters friends who called him “Dad”, all of the kids he was just “Uncle Don” to, and to his church family and friends he loved so much. Donald may have preceded those he loved in death but he left an imprint and eternal wisdom and love in every one of us he loved.
The family invites you to celebrate in the life of Donald. Donald will be shown at Koehler Funeral Home, Perigo Chapel, 7022 Heim Road in Chandler, Indiana on Monday, July 29, 2019. There will be a private viewing for the family at 1:00PM and public viewing will start at 2:00 P.M. and run until 8:00 P.M.
There will be a funeral service on Tuesday, July 30, 2019 at Chandler United Methodist Church in Chandler, Indiana. There will be a showing from 9:00 A.M. and the service will start at 10:00 A.M. Immediately following the service there will be a bereavement luncheon in the church fellowship hall, all are invited to attend.
In closing, as we wander through our memories, ponder all the moments shared and process our grief we need to remember, he gave us all the answers he had and he had all the answers. Remember how he shared his opinions unapologetically and loved all unabashedly and may those traits always be remembered fondly.
No go, Donnie, take your place in Heaven with The Lord Our Savior. Sit once again with the four people you admire and respect the most, your parents; Donald and Bernice Burnell and John and Noella Summers. Laugh and be joyous with all your friends and family that preceded you to the Sacred Kingdom. Until we meet again and we will meet again. Until we meet again, you are loved as much as you love.

To send flowers to the family of Donald C Burnell, please visit Tribute Store.

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