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“READERS FORUM” MARCH 3, 2018

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WHATS ON YOUR MIND TODAY?

We hope that today’s “Readers Forum” 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?

Todays “Readers Poll” question” Is: Do you feel that City Council has more pressing issues than worrying about amending the current noise ordinance?

Please take time and read our articles entitled “STATEHOUSE Files, CHANNEL 44 NEWS, LAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBS” and “LOCAL SPORTS”.  You now are able to subscribe to get the CCO daily.

If you would like to advertise on the CCO please contact us CityCountyObserver@live.com.

IS HARMONY SCHOOL AND PROPERTY IN JEOPARDY AGAIN?

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IS HARMONY SCHOOL AND PROPERTY IN JEOPARDY AGAIN?

by: Dan Barton, Publisher of THE NEW-HARMONY GAZETTE.

March 1, 2018

Back when the New Harmony School closed, the Town Council President at that time, David Campbell, said in a local newspaper interview, that it had been assessed for $7 million dollars. Now, just seven years later, The New Harmony Town Council is considering the option of tearing down the school and turning the property into a cornfield. According to the current Town Council President, Alvin Blaylock, the land could be rented for about $1860 per year, maybe a little more, he said. I calculate that, without imputed interest, it would take around 4,000 years to break even on that $7 million dollar assessment quoted by Campbell.

I’m not trying to put a guilt trip on Alvin Blaylock or the present members of the New Harmony Town Council. It’s not easy to solve what many see as the intractable dilemma of an unwanted 55,000 square foot public building and 30 acres of land. The Council seems to be looking for a solution and considering more than one option. If the problem is not managed properly and in a practical manner it could end up being a money pit. Small towns like New Harmony cannot afford a problem like that.

Recently at the February 20, 2018, Town Council public meeting, all five members of the Town Council voted unanimously to seek bids for the demolition of the building, the removal of the concrete pad that it sits on, and the blacktop parking areas.

For the past three years, The Working Men’s Institute here in New Harmony was trying to develop a plan to use the building and grounds for an alternative type of educational training and town social center. They eventually decided to give up and abandon the project. I would like to say that the WMI turned the facility back to the Town of New Harmony, but that would be inaccurate. The Town never ceased owning the facility for those three years. The Working Men’s Institute never took title to the property.

What could the two Town Councils that administered our town during that three year period have done to save this property from the wrecking ball and turn it into a profitable venture for New Harmony? Maybe one thing they could have done since they never ceased owning it, was to have advertised it for sale Nationwide. According to Council President Blaylock, the previous Council sent out only 191 Requests for Proposals (RFPs) back in 2014. That’s not many in today’s world. This little newspaper, The New-Harmony Gazette, sometimes reaches up to 500 people in a month.

The thing is, we don’t even know if these RFP’s were all sent out or not. According to Blaylock, there is no record of where they were sent or to whom. Councilman Blaylock said to me several days after the February Council meeting that he has been unable to locate that list of Request For Proposal’s that were sent out in 2014. So, there doesn’t appear to be a record that any of them were ever sent out, other than the one that was responded to, which was from The Working Men’s Institute. Could it be that someone may have forgotten to mail them?

Councilman Blaylock also said that one of the several options at which the council has been looking is exactly what it would cost to do the demolition. He indicated at the February meeting

that he had heard the cost would be anywhere from $300,000 dollars to $400,000 dollars, from a 2014 Town Council estimate, but that nobody can really prove it. “There’s no detail,” he said, “ that I can find anywhere about what it entailed.” More missing records? We may never know! Mr. Blaylock said to me that if there were demolition estimate records that they would be very detailed and would indicate each phase of the demolition and its costs. They would not simply state $300, $350 or $400 thousand dollars as a total cost. But the records have not been found. He says that he has a form that he would like to use to seek a bid for the demolition of the school and its paved property. Blaylock says that his bid package would include the costs to take down the building and then stop. Then what it would cost to take up the concrete pad that the school sits on, and stop again. Those would be phases number one and two.

Later Council President Blaylock said during the Council meeting that there would be phase number three – where they would remove the parking blacktop on the southeast parking area and then phase number four – where they would give cost estimates on removing the parking blacktop on the northwest parking area. He finished by saying, “This does not mean that we will be demolishing the building, but it will give us an exact amount of what it is going to cost and what it entails.”

Blaylock said that there were other options that he had considered and that he pointed out. He said that he had recently talked with a contractor who was doing a conversion of an abandoned Catholic Grade School on St. Joseph Avenue in Evansville, into an apartment complex. Mr. Blaylock wanted to see if the contractor might be interested in doing a similar project at the New Harmony School. The contractor looked at the Harmony School, Blaylock said, and that he declined because he thought the building was too large and the market to weak in New Harmony to bring people in to rent the apartments.

The third idea proposed by Council President Blaylock was that they may seek someone to sell the property. No one asked, but at this juncture, I would like to weigh in on that item. It would seem to me to be a good idea put it on the national market and let the advertisements run for a year. If the Town Council rushes in now and destroys the property, it will be destroying an extremely valuable town asset that cannot ever be replaced.

By repairing the HVAC and running it for one year at the school, there is a fair opportunity for a company somewhere in this vast nation to utilize this building and the parking for its business. That would generate income for our town and possibly put the property on the County tax rolls. We need to give this a fair chance. It should have been ongoing for the past seven years but was an idea that was neglected. There was nothing stopping the last three Town Councils from pursuing the idea of selling the school. They owned the property! If there was an impediment, I’d like to hear what it was. I’m sure you would too. By not initiating a concerted attempt to sell the school and its property our town may have experienced an unnecessary loss of income.

Mr. Blaylock said in the last public meeting that, “I would like to take the Soccer Field, the Softball Field and the area north and east of the Softball Field and turn it into agricultural farmland. Not spend money mowing. It costs about $28 per hour to mow grass. We can turn it into agricultural farm ground. We would not be getting rich but we could be receiving a little bit of income.” “By turning it into agricultural farmland,” he said, “if we needed the property back for development or whatever, we could take it from agriculture right back to development.”

Councilman Blaylock pointed out that the Baseball Field will stay for now. He said, “You’d need a contractor with a cherry picker to get that done. If that were ever decided you’d need future further discussions.” Finally, he said, “The Baseball Field will stay. The Softball field is being removed.”

A vote to obtain a cost estimate from an unidentified company interviewed by Council President Blaylock to give the Council estimates for the cost of, “getting the building taken down” was passed by all five members unanimously. There were no objections to this approach during the discussion period.

Council President Blaylock’s idea to turn the Soccer Field, Softball Field and land northeast and south of it, into farmland; what he described as, “about 15 to 15 and a half acres,” was unanimously approved by all five members of the Council with no objections during the discussion period.

Final note: On Tuesday, February 20th, after the adjournment of the Town Council meeting, I was contacted by a citizen and reader of the New Harmony Gazette who said to me, “They demolished the softball fencing and dugouts before the meeting today. Don’t they have to vote on things like that?” I went over to the Softball field myself and can confirm that as of the 20th the field was down. There were separate piles for the busted concrete blocks, the fencing that had been removed and the posts. As far as the question about the vote, I don’t have an answer for that yet. But anyone who is interested could send that question to our Town Attorney Erin Bauer. I’m sure she would know! I spoke to Alvin Blaylock about the demolition and he said that it was a cleanup project on the school grounds.

FOOTNOTE:  Posted b the City-County Observer without bias, opinion or editing.

WorkOne, Toyota, VU Partner For GED Initiative

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A new initiative could help more people become qualified to fill well paying, in-demand jobs in southwest Indiana.

WorkOne Southwest, Toyota Motor Manufacturing, and Vincennes University are partnering to help people in Gibson and Vanderburgh Counties earn a GED.

Friday, those groups looked at the number of working-age adults in our area who still don’t have that certification. They say earning a GED can not only help people make more money but can also contribute more to the local economy.

Executive Director of WorkOne Southwest Jim Heck says, “Our hopes are that-that will build their skills if they don’t have a job now let them get into the workforce and if they already have a job let them get a better employment and build up their earning power.”

Toyota also announced a $15,000 grant to WorkOne for its free training program.

Tyrone Morris

Web Producer

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Attorney General Curtis Hill Reaches Settlement With Takata’s U.S. Subsidiary

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Attorney General Curtis Hill announced today a settlement with TK Holdings Inc., the U.S. subsidiary of Takata, over allegations that the company concealed safety issues related to airbag systems installed in a wide variety of vehicles. TK Holdings Inc. filed a bankruptcy case in Chapter 11 in June 2017, and its reorganization plan has been confirmed by the U.S. Bankruptcy Court for the District of Delaware. The consent decree and settlement agreement have been presented to that court for approval.

In addition to Indiana, the settlement with TK Holdings Inc. also is joined by the attorneys general of 43 other states and the District of Columbia. It concludes a multistate investigation into the company’s failure to disclose in a timely manner known safety defects associated with certain airbag inflators.

“Protecting the safety of Hoosier consumer is one of our top priorities,” Attorney General Hill said.  “We will always work to ensure that automakers and all others doing business in our state are held accountable for following our laws.”

Beginning in 2008, auto manufacturers issued multiple recalls of vehicles containing these airbag inflators in response to ruptures upon deployment of the airbag. More than 50 million airbags in more than 37 million vehicles have been recalled to date. Additional recalls are anticipated through the end of 2019, likely bringing the total number of affected airbags to 65-70 million.

The recalls involved the use of phase-stabilized ammonium nitrate (“PSAN”) to inflate airbags upon deployment. As the compound was exposed to heat and humidity over time, particularly in warmer and wetter parts of the United States, the propellant degraded. Consequently, upon deployment the inflator could rupture explosively, destroying the metal casing surrounding the propellant and spraying shrapnel into the vehicle’s passenger cabin. At least 20 people have died worldwide and hundreds more have been injured as a result of this defect.

The multistate action alleged that the company knew that the airbag inflator posed a safety defect because of testing failures, and in fact TK Holdings Inc.’s parent company pled guilty to manipulating testing data and submitting false and misleading reports to auto manufacturers. The company knew about several ruptures that occurred as early as 2004, but appropriate action to recall these unsafe inflators did not occur until November 2014. Despite this knowledge, the company failed to properly notify regulators and the public of the serious danger posed by this defect.

The states alleged that these actions were unfair and deceptive and that the automaker’s actions violated state consumer protection laws, including Indiana’s Deceptive Consumer Sales Act.

Under the consent decree and settlement agreement, TK Holdings Inc. and its successor, Reorganized TK Holdings, shall:

  • Not advertise or otherwise represent the safety of its airbag systems or phase-stabilized ammonium nitrate in any way that is false, deceptive, or misleading;
  • Not represent that its airbags are safe unless supported by competent and reliable scientific or engineering evidence;
  • Not falsify or manipulate testing data, or provide any testing data that the companies know is inaccurate;
  • Except as needed to fulfill its obligations under the various recalls, sell any airbag systems using PSAN as a propellant;
  • Comply with state and federal law as well as the NHTSA Consent Order and Coordinated Remedy Order; and
  • Continue to cooperate with auto manufacturers to ensure that replacement airbag inflators are made available as expeditiously as possible from all possible sources.

TK Holdings Inc. has also agreed to reimburse the multistate coalition for its investigative costs, and for the entry of stipulated civil penalty in the amount of $650 million. The multistate coalition agreed that, given the pending bankruptcy and the company’s inability to pay its debts, this penalty would be subordinated in order to maximize the recovery available to consumers who were victims of this airbag defect.c

THE SEEN AND THE UNSEEN By Jim Redwine

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GAVEL GAMUT By Jim Redwine

THE SEEN AND THE UNSEEN

Sometimes we see the damage after it has been done by kids to public property, such as library grounds and city parks. Usually we do not see the damage as it is being done to children by their neglectful or abusive caretakers. The financial and aesthetic loss to public property upsets us. The financial and psychic loss resulting from child neglect and abuse dwarfs the related juvenile vandalism.

Napoleon’s soldiers used the Sphinx for target practice and the Taliban destroyed priceless religious icons. Vandalism is neither new nor novel. Neither is child abuse and neglect. They have both been with us since Eve stole that apple and Cain were not sufficiently supervised. However, since America has become entangled in the opioid crisis we have seen an exponential increase in juvenile misbehavior and damage to those juveniles from the adults who are entrusted with their care.

In 2012 the State of Indiana’s Department of Child Services removed 8,897 children from their families. Only 5 years later 16,834 children had to be removed for their own care and safety or to protect others. The national average for child removals is 5.5 per 1000. Indiana’s removal rate is 13 per 1000. Of course, these figures only include the children who come to the DCS’s attention. There is little doubt the real need for child protection is a great deal higher.

Our state-wide crisis in needed intervention and provision of services such as food, shelter, education, counseling, clothing and medical care is so dire the state DCS Director, former Judge Mary Beth Bonaventura, just quit in despair in December 2017. As she left she told Governor Eric Holcomb who had to appoint her replacement that Indiana’s policies in DCS matters, “…[A]ll but ensure children will die.”

In response, the Governor has initiated a study to investigate the problems we face as a state in caring for our most vulnerable citizens. The Child Welfare Policy Practice Group, a non-profit agency located in Montgomery, Alabama, has been contracted to study Indiana’s problems and needs. Ms. Frieda Baker of that agency came to the Court last week to speak with me about our situation in Posey County.

I will bring you up-to-date in the next few weeks.

For more Gavel Gamut articles go to www.jamesmredwine.com

COA Upholds 2016 Murder Conviction

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Olivia Covington for www.theindianalwayer.com

A man convicted in the 2016 murder of his ex-girlfriend’s husband has lost his appeal before the Indiana Court of Appeals, which found the trial court did not err in excluding proffered evidence the man sought to admit supporting his self-defense claim.

In Zechariah James v. State of Indiana, 49A05-1708-CR-1792, Zechariah James and Danitra Johnson had a daughter together before the couple broke up and Johnson married Antoan Johnson. The parties had a difficult relationship, but it improved to the point where James’ ex-girlfriend helped him purchase a vehicle and listed her name on the bill of sale.

James used the vehicle to drive to a nightclub on April 10, 2016, when his car was towed. James was permitted to retrieve the bill of sale from his car, but he also retrieved his gun. When the staff at the tow yard learned Danitra’s name was listed on the bill of sale, they would not release the vehicle to James.

Thus, James tried to reach his ex-girlfriend multiple times, but she refused to respond given the late hour. James eventually called Antoan and asked for Danitra’s help, but became angry when Antoan told him he would have to pay for their assistance.

James told Antoan he “was going to pull up on him,” so the couple tried to leave their home. However, James arrived at the home as they were leaving, so the Johnsons agreed to accompany him to the tow yard with a plan to evade him in their own vehicle.

After making a sudden U-turn, the couple believed the vehicle James was in had continued to the tow yard. However, James soon appeared at their car window with his gun, entered the vehicle and shot Antoan multiple times in the back, killing him.

Danitra fled and called police, and the state charged James with murder and Level 4 felony unlawful possession of a firearm by a serious violent felon. At a bifurcated trial on the murder charge, James claimed self-defense and sought to introduce evidence that Antoan had threatened to kill him in 2014. The Marion Superior Court, however, excluded that evidence as not relevant, and James was found guilty.

The Indiana Court of Appeals upheld James’ conviction on Friday, with Judge Cale Bradford writing that the alleged threat was made two years prior to the murder and at a time when the parties had a contentious relationship. Considering the amount of time that had passed and their improved relationship, Bradford said the alleged threat was too remote to be relevant to James’ self-defense claim, so the trial court did not err in excluding it.

Eagles Cruise To By The Griffons, 8-1

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Eagles Cruise To By The Griffons, 8-1

BOX SCORE (HTML)
Southern Indiana 8, Missouri Western St. 1 (Mar 02, 2018 at Evansville, IN)
----------------------------------------------------------------------
Missouri Western St. 100 000 000  -  1  7  3      (5-9)
Southern Indiana.... 600 000 02X  -  8 10  0      (5-2)
----------------------------------------------------------------------
Pitchers: Missouri Western St. - Dwyre,Carson; Wiger,Chase(5); Richards,Kellan(5);
Carroll,Trever(7) and Miller,Michael. Southern Indiana - Krizan, Austin; Graham, Blake(8) and
Brown, Logan.
Win-Krizan, Austin(1-0)  Loss-Dwyre,Carson(2-1)  T-2:26  A-363

Next Game: Missouri Western State University; 3/3/2018 – 1 p.m.; Live Stats; Watch Live

EVANSVILLE, Ind. – The 16th-ranked University of Southern Indiana baseball team scored six runs in the first and junior right-hander Austin Krizan (Mt. Vernon, Indiana) pitched seven strong innings as the Screaming Eagles defeated Missouri Western State University, 8-1, to start a three-game series Friday afternoon at the USI Baseball Field. USI watched its record go to 5-2, while Missouri Western State went to 5-9.

The Screaming Eagles continue Saturday at 1 p.m. and conclude Sunday with a noon first pitch. Coverage for the games can be found on GoUSIEagles.com.

After spotting the Griffons a first-inning run, the Eagles exploded for six runs in the bottom half of the frame to take command, 6-1. USI plated the six runs on six hits and took advantage of three Missouri Western State errors.

USI would seal the victory with a pair of runs in the eighth on an RBI-double by senior first baseman Nick Gobert (Jasper, Indiana) and an RBI-single by freshman shortstop Ethan Hunter (Terre Haute, Indiana). Gobert finished the game with a team-high two RBIs and three hits.

On the mound, Krizan (1-0) posted his first win of the year with seven strong innings of work. The junior right-hander allowed one run on seven hits and one walk while striking out eight.

Our 40th Annual Maple Sugarbush Festival Is This Weekend

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Our 40th Annual Maple Sugarbush Festival Is This Weekend
We welcome you to join us for this local tradition of discovery and fun in the Wesselman Woods Nature Preserve!

Our 40th Annual Maple Sugarbush Festival is this weekend! Bring the family to enjoy a hearty breakfast, including sausage, all-you-can-eat pancakes with pure Indiana maple syrup, and juice, milk, and coffee. After breakfast, take a guided tour through the woods to observe how sap is harvested from the sugar maple trees, and then visit the sugar shack to witness the process of boiling the sap into pure, delicious maple syrup.

Kids activities and animal encounters add to the festivities. Maple confections will be for sale as well!

Skip the line by getting your tickets in advance!

ADOPT A PET

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2-yr-old male gray tabby tuxedo. His $40 includes his neuter, microchip, vaccines, and more. Contact Vanderburgh Humane at (812) 426-2563 for details!