We hope that today’s “READERS FORUMâ€Â will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way.
“READERS FORUM†MAY 5, 2019
First Round Of Trails Funding Announced
By Bryan Wells
TheStatehouseFile.com
INDIANAPOLIS—Gov. Eric Holcomb spent his 51st birthday in Speedway Thursday by handing out the first grants of his Next Level Trails program—$4.9 million for new trails connecting Speedway with the west side of Indianapolis.
Holcomb was joined by Cameron Clark, director of the Department of Natural Resources, Indianapolis Mayor Joe Hogsett and Jacob Blasdel, Speedway’s manager as the unveiled the first of the grants to be awarded. They made the announcement at Speedway Indoor Karting next to the B&O Trail where they also took a moment to present the governor with a cake to celebrate his birthday.
“It’s the month of May, we’re in Speedway, what a perfect place to waive the green flag to start this race to building out our state from the ground level up,†Holcomb said. “We love racing, we love winning, it’s a big win for Indiana.â€
In this first round, the program is providing almost $25 million dollars in grants to 17 communities and non-profit organizations to develop 42 miles of trails. Grant recipients made matching contributions to the projects, which included money, land and other donations.
The program splits $90 million in grant money with regional projects receiving $70 million in funds and local projects receiving $20 million in funds.
When choosing applicants eligible to receive funding, the Department of Natural Resources received twice as many applications than expected. They received a total of 82 applications for projects that were located in 42 counties throughout the state.
The funding for the 240 miles of new trails from all the applications received added up to nearly $144 million, far above the budget for the states’ first round of the Next Level Trails program.
Diana Virgil, president for B&O Trail Association Inc., explained that she has had multiple people ask her about when the trails were going to be more useful and easier to get to one place to another.
“I’ve had people tell me that they want to be able to ride their bike to work downtown, and then ask me when I would ever get it done. Well, now we are going to get it done,†Virgil said. She emphasized that it’s her goal to keep expanding the trails and connecting communities, while also keeping Hoosiers healthier.
The trails program is part of the governor’s overall Next Level Connections infrastructure program, which is funded through a renegotiated toll road contract that is also accelerating the construction of several highway projects.
DNR will open the application again later this year. Three rounds of funding are planned.
FOOTNOTE: Bryan Wells is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalists.
Romain Cross Pointe Auto Park Awards $30,000 To Youth First, Inc.
Gift Supports the Social and Emotional Needs of Evansville Christian School Students
Romain Cross Pointe Auto Park has awarded a multi-year gift to Youth First, Inc. to strengthen the social and emotional well-being of pre-school – 5th grade students at Evansville Christian School.
Romain is committing $10,000 a year for three years as a challenge gift to help launch Youth First Social Work services at Evansville Christian School (ECS) for pre-school to 5th grades. The school is also paying a fee that covers a portion of the cost, but Youth First must still raise another $35,000 a year. Romain challenges anyone who cares about the healthy development of young people and Evansville Christian School to support Youth First, too.
United Companies President & CEO Ron Romain stated, “Youth First provides an invaluable service to this community. United Companies and Romain Cross Pointe Auto Park are proud to align with an organization that does so much good for young people in our region. Having social workers inside the school is important to the health and well-being of our students. It is our pleasure to announce a three-year commitment to Youth First that will aid in bringing a social worker to Evansville Christian School. It is our hope that this gift inspires others to contribute to make this new service sustainable for years to come.â€
According to ECS Elementary School Principal Susie Masterson, “Evansville Christian School partnered with Youth First to provide a masters level social worker for our preschool through 5th grade students in January 2019. The impact of the support to our students, classroom teachers, and families was immediately evident. We love our social worker and the positive impact she has made on our school by providing another caring adult who stands in the gap for children!â€
Youth First President & CEO Parri O. Black stated, “Youth First is thrilled to accept Romain Cross Pointe Auto Park’s generous multi-year gift to boost the well-being of more young people in our community,†said Parri O. Black, President & CEO of Youth First, Inc. “We are also grateful that this challenge gift from Romain Cross Pointe Auto Park encourages more donors to support our new partnership with Evansville Christian School.â€
Youth First embeds Master’s level social workers and prevention programs in schools to help increase the social and emotional well-being of young people and their families. Youth First Social Workers are specialized mentors for students and prevention coaches for parents and teachers. Their presence also contributes to a healthier and safer school environment. Youth First currently partners with 76 schools in Indiana.
EVSC Foundation Celebrates Teacher Appreciation Week
“A teacher takes a hand, opens a mind and touches a heart.†That quote exemplifies the work done each and every day in classrooms across the Evansville Vanderburgh School Corporation. Next week, in recognition of Teacher Appreciation Week, the EVSC Foundation will celebrate more than 1,500 teachers in the EVSC who work tirelessly every day to ensure all students succeed to their maximum potential.
“The list of reasons we are thankful for teachers is endless,†said EVSC Foundation Executive Director Maureen Barton. “Their talent, devotion, hard work, creativity, compassion and resourcefulness only name a few of the qualities that make them outstanding leaders, both in our schools and in the Evansville community.â€
The EVSC Foundation supports teachers and the young people they lead by directing charitable community giving to enhance experiences in education. The Foundation also grants funding throughout the year to classrooms, school projects, and programs in need of extra support. EVSC Foundation supports teachers by funding professional development, classroom and district programs, classroom and teacher technology, and much more. The EVSC Foundation also oversees Hangers, the clothing resource that serves over 2,400 students annually.
“It’s important for our community to know that above all else, we are a foundation rooting for EVSC students and teachers,†Barton said. “The main ways we help teachers are by funding professional development and serving students in their classrooms. We’re able to help, which in turn gives students enhanced learning opportunities.â€
So far this school year, EVSC Foundation donors have donated nearly $500,000 to EVSC teachers, students, and programs.
“At the end of the day, our work ties back to helping our schools,†Barton said. “And with 40 schools, the ways you can make a difference are endless. Our donors are sure to find a program they feel a connection with, whether helping provide basic necessities for at-need students, supporting professional development or high-level academic opportunities. It is all an investment in our community’s young people—all students are important.
Both Wounded Judges Now In Stable Condition
IL FOR WWW.THEINDIANALAWYER.COM
Both Clark County judges wounded in a downtown Indianapolis shooting early Wednesday morning are now in stable condition.
Clark Circuit Judges Andrew Adams and Bradley Jacobs remain hospitalized after being shot in the parking lot of a downtown Indianapolis White Castle around 3:30 a.m. Wednesday. Adams was hospitalized in stable condition, but Jacobs was initially listed as in critical condition.
Jacobs’ condition improved to serious but stable condition after he underwent surgery Thursday morning. The Indiana Supreme Court reported Friday afternoon that both men are now in stable condition.
The judges are believed to be hospitalized at Eskenazi Health and IU Health Methodist, but neither hospital would confirm if the men were being treated there.
Adams and Jacobs were in Indianapolis for the Spring Judicial Conference hosted by the Indiana Supreme Court. Judges from across the state gathered in the capital city for the conference, which began Wednesday.
The Indiana Supreme Court’s Office of Judicial Administration is working with Clark County Presiding Judge Vicki Carmichael to ensure the continued operations of Clark Circuit Courts 1 and 2, where Adams and Jacobs preside. The Supreme Court said Thursday that the temporary judicial vacancies will be filled with senior judges and judges pro tempore, though no official appointments have been announced.
According to the Supreme Court, Clark Circuit Court 1 disposed of 5,097 cases in 2018, while Clark Circuit Court 2 disposed of 3,173 cases in 2018.
Clark County traditionally has one of the busiest dockets in Indiana. In 2018, the county had eight regularly assigned judicial officers but needed 10.43, according to the 2018 Weighted Caseload Measures.
Career Offender’s Motion For Relief Untimely, 7th Circuit Rules
While imprisoned for the rape and robbery of two separate women, George Sotelo was convicted in 1995 for three counts of mailing communications with the intent to extort money and three counts of mailing threating communications after he threated the lives of two other women and their families if they did not continue sending him money. Sotelo received an enhanced sentence of 262 months’ imprisonment for committing “crimes of violence†based on his career offender status for his two prior qualifying convictions.
Sotelo neither appealed the sentence nor filed a collateral attack under 28 United States Code § 2255 within the one-year limitations. But more than 20 years after his 1995 conviction, he filed a § 2255 motion after the United States Supreme Court in Johnson v. United States, 135 S. Ct. 2551 (2015) invalidated as unconstitutionally vague a portion of the Armed Career Criminal Act that contained the same language defining “crime of violence†as the language in the sentencing guidelines used to sentence him.
Although the government argued that Sotelo’s challenge was untimely, the Indiana Northern District Court considered his motion on the merits and denied it. Specifically, the lower court rejected Sotelo’s contention that the “threat to kidnap†or “threat to injure†found in 18 U.S.C. §§ 876(b) and (c) constituted a single indivisible element that would not categorically qualify as a crime of violence under the elements clause of U.S.S.G. § 4B1.2(a)(1). It thus reaffirmed a 7th Circuit holding in United States v. Sullivan, 75 F.3d 297 (7th Cir. 1996), that a § 876 violation is a “crime of violence.â€
A 7th Circuit panel Thursday affirmed the lower court’s decision in Sotelo’s case when it found his § 2255 motion was untimely. It also pointed out that Sotelo’s sentence was unaffected by the unconstitutionally vague language in the residual clause of § 4B1.2 because he was sentenced under the elements clause.
“… [W]hile Sotelo is correct that to satisfy § 2255(f)(3)’s requirements he need not prove definitively at the outset that his sentence is unconstitutional in light of a new rule of constitutional law made retroactive by the Supreme Court, Johnson does not provide a back-door approach to challenge any sentence under § 4B1.1 or the ACCA,†Circuit Judge Ilana Rovner wrote for the unanimous panel.
Further, the 7th Circuit found the only retroactively applicable case that Sotelo cited in his appeal – Johnson (2015) – said nothing as to whether § 876 was a crime of violence under the elements clause of § 4B1.2. That, the panel noted, is the only question relevant to his claim for relief.
“There is thus no need to address the more thorny legal question of whether a movant who satisfies § 2255(f)(3) with a valid claim under Johnson (or some other case declared retroactively applicable on collateral review) may advance arguments based on cases such as Mathis, Elonis, and Curtis Johnson, which post-date the conviction but have not been declared retroactively applicable on collateral review,†Rovner wrote, referencing the Supreme Court cases of Mathis v. United States, Elonis v. United States and Curtis Johnson v. United States.
“Accordingly, we leave for another day the issue of whether Mathis calls into question this court’s holding in Sullivan that § 876 is categorically a crime of violence,†the panel concluded. “We note, however, that every court to consider the issue, both before and after Johnson, has concluded that a § 876 conviction entails a threat to use physical force, and is thus categorically a crime of violence. …. So although we reject Sotelo’s motion as untimely, we note that it is not likely to have fared well on the merits either.â€
The case is George R. Sotelo v. the United States of America, 16-4144.
Observing Asthma Awareness Month, EPA Honors Leading Community-Level Asthma Care
Chicago, Omaha, and Rhode Island Programs Recognized as National Models
The U.S. Environmental Protection Agency (EPA) today announced the winners of the 2019 National Environmental Leadership Award in Asthma Management. Each year during Asthma Awareness Month, EPA honors programs delivering excellent environmental asthma management as part of their comprehensive asthma care services to improve the lives of children and families with asthma. The 2019 award recipients are Mobile Care Chicago (Illinois), the Omaha Healthy Kids Alliance (Nebraska), and the Rhode Island Department of Health.
“I am honored to award and congratulate the winners of the 2019 National Environmental Leadership Award in Asthma Management on behalf of EPA,†said EPA Assistant Administrator for Air and Radiation Bill Wehrum. “These outstanding programs are on the front lines of asthma care, improving lives, delivering real solutions, and helping the many Americans who battle asthma. We are proud to recognize leaders in the field who are providing comprehensive, in-home care and education every day, while setting the standard for asthma care and management.â€
Asthma is a major public health issue, affecting nearly 23 million people, including six million children, and disproportionately affecting low-income and minority communities. The economic impact of asthma has been estimated at more than $56 billion annually from direct medical costs and indirect costs, such as missed school and work days. In partnership with other federal agencies and nonprofit organizations, EPA delivers a national, multi-faceted education and outreach initiative to increase public awareness and action to manage environmental asthma triggers as part of comprehensive asthma management.
Through AsthmaCommunityNetwork.org, EPA supports an online network of more than 1,100 community-based asthma programs with powerful, innovative tools and technical assistance to drive best practices, learning, and ongoing improvement of asthma care. EPA is committed to improving the lives of people with asthma by integrating sound science into effective public health programs around the country.
EPA Announces Availability of $87 Million in Funding to Improve Drinking Water for Schools and Small and Disadvantaged Communities
the U.S. Environmental Protection Agency (EPA) announced the availability of nearly $87 million in grant funding to assist states, tribes, and territories with improving drinking water.
“EPA is committed to ensuring all Americans, regardless of their zip code, have access to safe and clean drinking water,†said EPA Administrator Andrew Wheeler. “With these grants, EPA is fulfilling its core mission of providing states, tribes, and territories with the resources needed to protect children from lead exposure and other contaminants and ensure all American families have safe drinking water.â€
States, tribes, and territories are eligible to receive funding from two new EPA drinking water grant programs established by the Water Infrastructure Improvements for the Nation Act (WIIN):
- Under EPA’s new Voluntary Lead Testing in Schools and Child Care grant program, EPA will award $43.7 million in grants to fund testing for lead in drinking water at schools and child care programs. Testing results carried out using grant funds must be made publicly available.
- Under EPA’s new Assistance for Small and, Disadvantaged Communities grant program, EPA will award $42.8 million in grants to support underserved communities with bringing public drinking water systems into compliance with the Safe Drinking Water Act. Funding can also be used for conducting household water quality testing, including testing for unregulated contaminants.
Under the Trump Administration, EPA has taken significant actions to modernize aging water infrastructure and reduce exposure to contaminants in drinking water:
- In 2018 the Clean Water and Drinking Water State Revolving Funds committed $9.6 billion in drinking water and clean water infrastructure loans and refinancing and disbursed $8.8 billion for drinking water and clean water infrastructure.
- Over the past year, EPA’s Water Infrastructure Finance and Innovation Act (WIFIA) program have issued eight loans totaling over $2 billion in WIFIA credit assistance to help finance over $4 billion for water infrastructure projects.
- EPA is undertaking the first major overhaul of the Lead and Copper Rule since 1991. EPA anticipates releasing the proposed rule in summer 2019.
HOT JOBS IN EVANSVILLE
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