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New Rules For Veterans’ Aid Fund Slow In Coming

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New Rules For Veterans’ Aid Fund Slow In Coming

By Dionte Coleman
TheStatehouseFile.com

INDIANAPOLIS – During the 2016 legislative session lawmakers passed a law making it possible for more military families in need to get help from a special state fund.

However, with the 2018 budget session only a few months away, the Veterans Affair Commission has not been able to complete its assignment – draft a new set of regulations for the Military Relief Fund that will comply with the law.

And that has left one lawmaker frustrated.

“As an advocate, as a public servant…the work I’m doing at the General Assembly to create these laws, it’s very frustrating,” state Rep. Karlee Macer, D-Indianapolis, said at a commission meeting Wednesday.

The commission, part of the Indiana Department of Veteran Affairs, hosted a hearing so the public could voice their concerns about the new rule about how the fund’s resources will be distributed to current or former military members in need.

Lisa Wilken at the public hearing on the Military Family Relief Fund
Photo by Dionte Coleman, TheStatehouseFile.com

The Military Relief Fund was originally established in 2007 by the IDVA to help the families of deployed or recently deployed Indiana National Guard and Selected Reserves members. The emergency grants were to be used by families for essential needs such as food, housing, utilities, medical services, and transportation.

Under the new rule, the service member must be active or had received an honorable discharge, qualified members may be eligible for the fund if they have at least 12 months of qualifying service, with a portion on active duty and a documented need. The qualified individual or family member can receive up to $2,500 one time from the fund.

Lisa Wilken, a district chair for the American Legion in Indiana, was a part of a working group that submitted recommended rules to the Veterans’ Affair Commission. The recommendations she saw surprised her because they did not take into account suggestions made by the working group.

Wilken cited one example that she said would benefit veteran. She said that a soldier injured in the line of duty after only eight months of service might not be eligible for aid from the fund because he or she does not meet the requirement of one year of service.

Macer said she fears the commission is settling for minor tweaks and adjustments that are being made to the rules.

“So, what I’m hearing is that everything that was here talking about to make these rules right after all this time, what we’re going to have to do is settle for the best we can get with the minor tweaks and I think that, that is a disservice,” Macer said.

But retired Maj. Gen. Erika Steuterman, who chairs the commission, said that the future looks bright for having a better set of rules in place by January.

“I know that our veterans and their families will get the best consideration possible out there in the interim,” she said. “I say that we are a lot closer than we were two and a half years ago.”

FOOTNOTE: Dionte Coleman is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

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Multiple Dead Fish Causing Odor in Pigeon Creek

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Multiple Dead Fish Causing Odor in Pigeon Creek

Dozens of dead fish are turning up on the banks of Pigeon Creek and there isn’t a clear answer as to why.

An Indiana Department of Natural Resources Spokesperson says they are investigating a fish kill in Pigeon Creek, but wouldn’t comment any further.

Aside from being an eyesore due to the dozens of dead fish, the area is now filled with a rotten smell.

We will continue to investigate this story and bring you updates as information becomes available.

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Homebuilder Prevails In Copyright Suit That Sought $3M

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Dave Stafford for www.theindianalawyer.com

A federal judge has ruled against a company reputed as a “copyright troll” in its lawsuit against a Jasper luxury homebuilder. The suit had sought more than $3 million in damages and fees, alleging the homebuilder infringed the company’s copyrighted architectural floor plans.

Southern District of Indiana Judge Tanya Walton Pratt granted summary judgment Wednesday to Kerstiens Homes & Designs Inc., of Jasper, and affiliated entities that were sued by Design Basics, LLC, and its affiliates.

Omaha-based Design Basics specializes in developing and licensing architectural designs, but at least one court has likened the company to a copyright troll, describing how its employees trawl the internet in search of similar home designs, filing multiple infringement lawsuits seeking damages. The company currently is party to more than 120 lawsuits in federal court.

Design Basics alleged Kerstiens had infringed its copyrights on seven home designs, but Pratt granted summary judgment to the Jasper homebuilder on all claims, stressing in her order the difficulties of proving an architectural copyright infringement claim.

“In light of the narrow window created by the Seventh Circuit’s case law to support an architectural works infringement claim, the Court concludes that the numerous differences among the Copyrighted Works and the Defendants’ house designs undermine the substantial similarity element of Plaintiffs’ copyright claim. These numerous differences are not subtle or trivial,” Pratt wrote, peppering her order with those differences.

Noting there were some similarities between home designs, Pratt cited a 2017 ruling in the 7th Circuit, Design Basics v. Lexington Homes, 858 F.3d, that affirmed a prior summary judgment ruling against Design Basics in another infringement suit. In that case, the panel wrote, “[the] accused plans resemble Design Basics’ plans, but only because both sets resemble common home designs one might observe throughout the suburbs of Milwaukee, Chicago, Indianapolis, or many other communities. There are only so many ways to arrange a few bedrooms, a kitchen, some common areas, and an attached garage, so not every nook and cranny of an architectural floor plan enjoys copyright protection.”

Pratt’s ruling could potentially expose Design Basics to paying the legal fees of the parties it sued. Attorneys representing Design Basics did not immediately reply to messages seeking comment about the ruling.

Attorney Paul Overhauser defended Kerstiens and was pleased with the ruling. He wrote in an email, “Judge Pratt noted that Design Basics has an inventory of more than 2,800 plans. With this many plans, most residential houses in the country would probably have a floor plan that happened to be similar to one of Design Basics’ plans. However, that does not mean that the floor plan was ‘copied’ from Design Basics.”

The case is Design Basics, LLC et al. v. Kerstiens Homes & Designs Inc., et al., 1:16-cv-00726.

Echo Housing Receives $10,000 Donation from AT&T

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Echo Housing Receives $10,000 Donation from AT&T

One Tri-State nonprofit is getting a big donation to keep their mission going.

Echo Housing recently received $10,000 from AT&T.

This money will go towards supporting tutoring and homework assistance programs for homeless high school students living at the Family Residence Center at Lucas Place.

Echo says it has already used some of the money to update the electronics in the “teen room” at Lucas Place.

A portion of funds will also go toward GED study guides for young adults who want to complete their high school education.

More information on Echo Housing can be found by clicking here.

Child Mortality Improves in Indiana According to DCS Report

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Child Mortality Improves in Indiana According to DCS Report

The Indiana Department of Child Services released the latest information about how many children died in 2016. According to the report, 59 Indiana children died from abuse or neglect.

Despite that heart-breaking number, it’s actually an improvement from the two previous years. Marion County saw the highest number of child deaths at 14. According to DCS, only nine of the 59 had contact with the agency.

Wednesday, DCS officials appeared before lawmaker testifying on a set of recommendations to make the agency better as lawmakers work to find the best solution.

DCS Associate Todd Meyer says, “We are obviously going to respond as immediately and quickly as possible. You can rest assured that will happen.”

Right now, lawmakers say their biggest goal is turning these conversations into legislation and new state laws.

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September Youth of the Month Finds the Good in Every Situation Inspired By Siblings

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Complain less. Smile more. Find the good in every situation. 

These ideas are not complex, but they can be easily forgotten or pushed aside, especially when life gets busy or stressful or hard. Even on those days, though, Sadie Schulz remembers. 

She’s reminded every time she sees her brother, Sam, tie his shoes, or her sister, Sophie, open her locker. She’s reminded when her siblings miss out on simple joys, like playing football or driving to school. She’s reminded when Sam and Sophie choose to push away their pain and focus on their happiness instead. 

So, Sadie complains less and smiles more. She finds the good in every situation.  

Sadie is the second of four children. As a soon-to-be 16-year-old sophomore at Memorial High School (her birthday is September 21), she’s involved in more than a dozen activities – cheerleading, tennis, student council, Riley Dance Marathon, TEENPOWER Club, Snowflake, Key Club, parish volunteering. The list goes on. But at the top of it is her involvement with the EB Walk. 

Sadie’s older sister, Sophie, a senior at Memorial, and younger brother, Sam, an eighth grader at Holy Rosary Catholic School, have a disease called epidermolysis bullosa (EB). It makes their skin fragile and highly susceptible to painful blisters. While she is not physically affected by EB, Sadie sees its effects on her siblings and family daily.  

“Something I would like for people to know about my siblings is the pure strength they posses. Although they are not physically strong, emotionally and spiritually they are the strongest people I know,” Sadie said. “My siblings are the reason I am who I am today. They are my constant support system, and the number one thing on my mind in every situation. They give my outlook on life a new perspective.” 

Because of that perspective, Sadie does her best to lead and help others in any way that she can. “I know if one of my siblings were to ask someone for help, I would want them to respond in the same way I have.”  Sadie’s ability to lift up the people around her, especially her siblings, inspired Sophie to nominate her younger sister for Youth Resources’ September Youth of the Month award. 

“She makes you feel like the most special person in the world. Even if she’s having a bad day, she would do anything to make someone else’s day better. She has such a huge heart filled with kindness, thoughtfulness, concern for others, and so much love,” explained Sophie.

Memorial cheerleading coach Crunchy Wells calls Sadie, her JV captain, the “most coachable cheerleader” she’s ever worked with and “one of the finest young ladies” she’s ever known, a team member and leader who understands the importance of compassion and humility. “Sadie brings a spirit of joy and positivity every day to every event.  She lets everyone know that she believes in their potential and is the first to make everyone feel included,” Wells said. “The entire team lights up when Sadie shows up!  Her love and passion are contagious.” 

Sadie will once again channel that love and passion when she heads to Memorial’s track on October 21 for the EB Walk, now in its fifth year. She is a committee chair for the one-mile walk to support her brother and sister and raise awareness about EB. Sadie encourages everyone to join the Schulz family at the starting line at 3p.m. The cost to walk is $7. 

“To anyone that may see this that has a disability, I would like for them to know that they are beautiful, they are important, they are special, and that they are so much more than whatever disability they may have,” Sadie said. 

Those are more than just encouraging words. Sadie Schulz backs them up by the way she treats others every day. And that makes her big sister incredibly grateful. “There aren’t enough words in the world to describe how much I am proud of, admire, and love Sadie. I genuinely believe she is my guardian angel sent to me here on Earth… I have no idea what I would do without her.”

One thing we can all do? Follow Sadie’s lead. Complain less. Smile more. And find the good in every situation. 

As YR’s September Youth of the Month, Sadie becomes a Youth of the Year nominee. Youth Resources will name its Youth of the Year at its annual Hall of Fame Celebration in April.

About Youth Resources

Since 1987, Youth Resources has involved more than 150,000 young people in local community service projects while training them to be stronger leaders and inspiring them to be lifelong volunteers. YR’s Teen Advisory Council, TEENPOWER, Vanderburgh County Teen Court and Make a Difference Grants are unique, evidence-based programs that impact regional youth ages 5-18. Learn more about Youth Resources of Southwestern Indiana at youth-resources.org. 

Proposed Water Rates Increase

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Proposed Water Rates Increases From 2019 to 2021

In March 2018, Evansville’s Waterworks Department filed a request for rate increases and bond authorizations with the Indiana Regulatory Commission (IURC).

Evansville is requesting a three-phase increase from 2019, 2020 and 2021. The date of the future increase an amount of the first increase is dependent on the IURC decision, which should be made in late 2018.

Most residential customers use between 4 and 5 thousand gallons of water per month. Assuming a customer used 5,000 gallons, the proposed rate increases for every 1,000 gallons of water purchased are:

  • Phase I is about $1.10 or an 18.9% increase
  • Phase II is about $1.07 or a 15.5% increase
  • Phase III is about $.63 or an 8.0% increase

The rate increases are needed to pay for approximately $157 million in upgrades to the city’s old and deteriorating water mains. The utility services over 1,000 miles of water mains, of which 600 miles are cast iron pipe dating back to the early to mid-1900’s. The Utility plans on replacing 15 miles of failing water mains per year over the three-year period. The bond funds will also be used to make needed repairs and upgrades to the Water Filtration Plant and booster stations. The original portion of the City’s Water Filtration Plant was built between 1895 and 1900.

Overall:

  • Eighty-eight (88%) percent of the rate increases will fund bond debt payments and payments in lieu of taxes related to those improvements.
  • 8% of the overall increases are related to operating expenses over the three-year period.

A 2017 IURC study of 97 Indiana water utilities revealed that the average water bill for those utilities was $33.22 for 2017, compared to Evansville’s 2018 water bill of $28.87, for customers using 5,000 gallons per month. EWSU’s 2018 water bill is much lower than Indiana’s statewide average.

***Exclusive Presale Code*** For John Mellencamp

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EXCLUSIVE PRESALE OFFER
ONE DAY ONLY! 

Thursday, Sept. 20th
10am to 10pm
USE PASSCODE: PEOPLE
John Mellencamp
Coming to
Old National Events Plaza
Sunday, March 10th
Tickets are $119.50, $79.50, $59.50 & $39.50
VIP Packages are available in limited quantities online only. 

EVERY TICKET PURCHASED ONLINE WILL RECEIVE A CD OF
THE NEW ALBUM “OTHER PEOPLE’S STUFF” AVAILABLE 11/16

Tickets go on sale to the general public
Friday, September 21 at 10:00am.

Purchase tickets online at ticketmaster,com,
1-800-745-3000 or at our Box Office.

Adopt A Pet

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Petey is a 5-year-old male American Staffordshire Terrier mix (or “pit bull”) mix! He’s a silly, goofy boy. And he has done fine with other dogs and cats previously. This sweetie was originally adopted from VHS, but then returned for his family not having enough time for him. His adoption fee is $110 and includes his neuter, microchip, vaccines, and more. Contact Vanderburgh Humane at (812) 426-2563 for details!