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NEW HARMONY COMMISSIONER CLAIMS COUNTY COULD LOSE TAX

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NEW HARMONY COMMISSIONER CLAIMS COUNTY COULD LOSE TAX

by Dan Barton, Publisher of the New Harmony Gazette January 28, 2018

At a recent New Harmony Town Council Meeting the subject of county real estate taxes was brought up by Plan Commission member Annette Buckland. It appears that Commissioner Buckland is of the belief that if properties in the Business Historic District remain eligible for mixed use, especially allowing first-floor residence as is now allowed, then it will eventually cause a dramatic downturn in tax revenue for Posey County. Not necessarily so! This is yet another unsubstantiated non-fact claim by a supporter of an attempt to change the reliable old Chapter 17 of the Town Ordinance.

As has been brought up many times in the New Harmony Gazette, there is a false fear that some Commission members have of the commercial downtown being taken over by first floor residences. Verifiable facts surrounding this claim have never been borne out.

Now, Tax Fears! Here’s what I learned concerning taxes. Commissioner Buckland’s argument orbits around the belief that these residences will cause a reduction in the tax rate on buildings, from the commercial rate to residential rates, thus causing a revenue loss to the County. She mistakenly asserted that they would drop from 3% to 2%. That is incorrect. The rate would drop from 2.0574% to 2%, but only for the portion of the building that is being used as a residence.

There are currently only two buildings, identified by the Commission, in the Business Historic District out of 25 that reflect any residential use now or in the history of our town. One reported example, on Church Street, was said to be used part-time in that manner. Only one-third of the entire square footage of the building in question is being used. A little over 500 square feet is being applied to residential use.

To satisfy my curiosity about the accuracy of Commissioner Buckland’s claim, I took a trip down to the County Assessors office in Mt. Vernon. As I indicated above, I found that the rate change is marginal at best. Also when a building is converted from straight commercial to mixed-use, commercial/residential, the building can be reassessed by the County. That reassessment would note any improvements to the building for residential use and could likely increase the buildings assessed value, increasing the total tax on the property.

A mock-up of a property such as the one on Church Street, one that the Commission has brought up several times, was done. As it turned out, not counting any improvements, the assessment value as mixed-use would go up a total of $3,700. Even so, the County, according to the mock-up calculations, would only take a loss of $50 per year. However, if there were a surge in properties being sold or used as residential/commercial, then the county would make up the tax loss by reassessments. As the market pushes up the price of these buildings due to greater residential demand, so the assessed value would increase. Making up any small losses, like is shown above.

The other surprise, that I learned, was that these small losses taken by Posey County on the mixed-use downtown property do not compare to the larger losses they take due to the many non- profit, off the tax roll properties, held in New Harmony and in the Business Historic District.

I certainly have not done a survey of these properties or calculated what the entire county loss might be, but one building at 520 Main Street, that’s counted among them, was researched. The 520 Main Street building is a non-taxed property being used as a museum, not a retail storefront. This building, according to the Assessor’s Office and County Treasurer’s Office, creates a loss of $1492 per year to the County. It’s off the tax rolls completely. A far greater loss than $50 per year on the mixed-use commercial/residential property on Church Street. Nearly 30 times greater. This gives you some idea of the real comparative losses in the county regarding these different types of property. Now I’m all for non-profit entities. But we need to keep our arguments about tax losses and building uses in perspective, and above all, accurate.

The other property type that was brought to my attention, during the County Office visit, was a special type of property that we have seen on the increase over the last few years: Bed and Breakfasts. These businesses not only function as business properties but also as personal residences of the owners in many cases. At the same time, though fulfilling a commercial use, the County tells me that they are taxed at a residential rate. The lower 2% rate that was pointed out by Commissioner Buckland.

Why compare all of these different kinds of properties, their tax rates, and tax exemptions, you might be asking? Because each property – Non-Profit Tax Exempt, Bed and Breakfast and First Floor Residential – all contribute something to the economy of New Harmony, each in a different way. Supporting restrictive laws on any one type of property, such as first-floor residential, in the New Harmony Business Historic District is no more needed than laws that would bar Non- Profit Tax Exempt properties from Main Street or advocating higher taxes or a moratorium on Bed and Breakfasts. It would not make good business sense for New Harmony. Let the market decide these issues – not bureaucrats.

There is no residential takeover of the commercial district by residential properties and the tax loss remark sounds like just another mistaken claim by another misguided supporter of an unneeded amendment.

One avid reader of the New Harmony Gazette wrote recently: “I guess I am confused as to the harm that First Floor residences have on business districts. Any residences on any floor improve downtown businesses, as can be seen in any European City. Duuuhh… the more people who live downtown, the more business they bring…. regardless of whether they live on the first floor or second… or third! Why limit where they can live?” Signed: Doc

I take comfort in knowing that there’s at least one person reading the Gazette who sees my point. Thanks, Doc!

EPD Welcomes Five New Officers to the Force

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EPD Welcomes Five New Officers to the Force

 The Evansville Police Department is welcoming five new police officers to the force this afternoon during a swearing-in ceremony. The ceremony also recognized three promotions in the department.

There was also a special merit award given to an officer seriously injured while on duty.

Evansville Mayor Lloyd Winnecke was in attendance and thanked the officers for their work.

Police Chief Billy Bolin says the new recruits still have ways to go before they’re ready.

Police Chief Billy Bolin said, “We are going to put a lot of stress of them in the classroom having them run through scenarios with their decision making, and teaching them how we want them to make decisions.”

The five officers will go through several phases of training to prepare them for their new roles.

The ceremony also recognized three promotions in the department; two were promoted to Lieutenant and one was promoted to Sergeant.

Britney Taylor

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United Hebrew Institute by Pat Sides

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In the early twentieth century, the Evansville city directory listed three Jewish congregations. One was the Adath Israel congregation, which had built a new synagogue in 1904 on NW Sixth Street, a block from Central High School.

A newspaper reported in 1916 that local churches were “unusually active” that year building or expanding their places of worship, including Adath Israel; it erected the United Hebrew Institute at the rear of the synagogue around the corner on Vine Street.

The spacious Institute leased rooms to the new Evansville College, which held its first classes there in 1919. The synagogue was vacated in 1955 when the congregation moved to the 3700 block of Washington Avenue, and the buildings were razed in 1968.

Judge Declines Recusal In Fraudster Durham’s Case

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Olivia Covington for www.theindianalawyer.com

Indiana Southern District Chief Judge Jane Magnus-Stinson has denied a motion for her recusal in a civil case against convicted fraudster Tim Durham, determining her relationships with leaders of Indiana’s Democratic Party did not create the appearance of or actual bias.

Durham – who was convicted in 2012 on numerous fraud and conspiracy counts in connection with his Ohio-based company, Fair Finance – filed a motion to dismiss his 50-year federal sentence in the related civil case in October 2017. He also filed a motion the same month for Magnus-Stinson’s recusal from the civil case, arguing her personal relationships with former Indiana Gov. Evan Bayh and Indianapolis Mayor Bart Peterson — Durham’s alleged political foes — made it impossible for her to fairly hear the remainder of the case.

In his 37-page motion for recusal, Durham wrote the “business and political life of Durham and Magnus-Stinson have intersected in very negative ways over the past several decades.” He alleged Magnus-Stinson was a staunch supporter of the Democratic Party, while his leadership in the Indiana Republican Party led to the ouster of Democrats, including Bayh and Peterson, in favor of former Gov. Mitch Daniels, former Mayor Greg Ballard and former Marion County Prosecutor Carl Brizzi, all Republicans.

Durham went on to write that Magnus-Stinson “owed” her career to Peterson and, in particular, Bayh, for whom she worked as legal counsel and deputy chief of staff, and who recommended her for appointment to the federal bench. Thus, because of her close relationships with the two high-profile politicians, he alleged she could not preside over his civil case without the appearance of bias, or actual bias.

Additionally, Durham alleged he executed a “hostile takeover and ouster” of the board of Brightpoint, Inc., a local cell phone distributor run with Robert Wagner as its director. The chief judge had worked for Wagner right out of law school and has publicly referred to him as her mentor, a relationship that indicates her actual and apparent bias, Durham said.

Next, Durham alleged Magnus-Stinson’s comments during his trial and at his sentencing demonstrated her bias and animosity toward him. He pointed specifically to her response to a question from the jury, which asked for guidance on where to find evidence involving one of the wire fraud counts against him.

Magnus-Stinson told the jury the court could not answer that question, a response Durham claims was born of the fact that the judge knew there was insufficient evidence to support that particular count. Though a jury convicted him, the 7th Circuit Court of Appeals later reversed that and another wire fraud conviction against him.

Then, when the criminal case proceeded to sentencing, Magnus-Stinson “commented extensively and derogatorily about Durham’s affluent lifestyle,” including a comment that he felt “entitled to a lifestyle that involved two airplanes, several yachts, these cars that were allegedly owned by Fair investors… .”

The chief judge’s negative opinions toward Durham were not formed during his criminal trial, he wrote, but instead had been developed over multiple decades as a result of her relationships with local political leaders. Thus, the comments indicated both her actual and apparent bias, he said.

Finally, Durham alleged Magnus-Stinson played an improper role in the selection of his counsel in connection with his resentencing motion. Durham wrote in his recusal motion that the chief judge relied on Monica Foster, executive director of the Indianapolis Federal Public Defender’s Office, to select his attorney.

According to Durham, Magnus-Stinson and Foster were law school classmates and are now “close friends.” Each appointment Magnus-Stinson made was on Foster’s recommendation, he wrote, and two of those appointments recused themselves due to conflicts of interest. The court denied Durham’s motion for resentencing less than a year after the 7th Circuit reversed his two wire fraud convictions.

Durham also took aim at Foster’s husband, Indianapolis attorney Bob Hammerle, whom Durham alleged “expressed his utter disdain for Brizzi and his alliance with Durham” and his “extreme confidence that all of Magnus-Stinson’s rulings were … absolutely beyond reproach.”

“It seems that every associate of Magnus-Stinson is not only prejudiced against Durham, but they are openly hostile toward him,” he wrote. “In fact, if Magnus-Stinson is not biased or prejudiced against Durham, she is the only one in her circle who is not.”

In addition to actual and apparent bias, Durham also alleged Fifth Amendment due process violations if the chief judge did not recuse herself from his case. In her initial response, Magnus-Stinson admitted to her relationships with the individuals Durham referenced, but maintained she had no knowledge of their animosity toward Durham, or of his political actions against them.

She then randomly reassigned the case in November, sending it to Judge Tanya Walton-Pratt. Pratt found “a lack of evidence to show any actual bias on the part of Judge Magnus-Stinson toward Durham,” but left the question of apparent bias open for Magnus-Stinson to resolve.
The chief judge determined in a Jan. 26 opinion that her personal friendships, trial comments and appointment of counsel did not give the appearance of bias toward Durham, nor did those factors create a due process violation. She noted that on two critical issues in the civil case — whether it should be stayed pending Durham’s appeals in the criminal case, and the calculation of disgorgement — were resolved in his favor. The chief judge agreed to stay the case, and ordered him to pay only $1.3 million in disgorgement, compared to the more than $200 million the Securities and Exchange Commission had sought.

“Finally, the Court notes that if such an allegedly obvious bias was anticipated by Mr. Durham, it would seem prudent to have sought recusal immediately, rather than litigate this case for over six years (including obtaining a summary judgment ruling) prior to seeking recusal,” she wrote.

The case is Securities and Exchange Commission v. Timothy S. Durham, James F. Cochran, and Rick D. Snow, 1:11-cv-00370.

EVSC Kindergarten Enrollment Officially Begins February 20

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Enrollment for full-day kindergarten in the Evansville Vanderburgh School Corporation will officially begin Tuesday, February 20, at all EVSC elementary schools. Parents are asked to go to the school in the district in which they live and complete the required paperwork. Parents in the new McCutchanville Elementary School district can enroll at the Center for Family, School, and Community Partnerships, located 123 Main Street, or at an informational meeting scheduled for Tuesday, April 3, at 5:30 p.m. at the Southern Indiana Career and Technical Center. 

In order to enroll, children must be five years old on or before August 1, 2018. Parents or legal guardians will need to be present and bring the child’s legal birth certificate (hospital certificates cannot be considered) at the time of enrollment.

Each elementary school will host orientation meetings on Tuesday, April 3, at their school. Parents also can enroll students at these meetings. More information on the exact time of each school’s orientation meeting will be communicated later.

The school district a child will attend is based on where a student and parent reside. Individuals unsure in which school district their home is located can visit  www.evscschools.com and look under Family Services for a link titled “What District Do I Live In?.” Individuals also can call 812-435-8866. In addition, parents can visitwww.evscschools.com to see more information on enrolling in the EVSC, including forms that parents can fill out prior to enrolling at the school.

EVSC schools enrolling kindergarten students include:

Caze, 2013 S. Green River Road, 477-5567

Cedar Hall, 2100 N. Fulton Avenue, 435-8223

Cynthia Heights, 7225 Big Cynthiana Rd., 435-8740

Daniel Wertz, 1701 S. Red Bank Rd., 435-8312

Delaware, 700 N. Garvin St., 435-8227

Dexter, 917 S. Dexter Ave., 476-1321

Evans, 2727 N. Evans Ave., 435-8330

Fairlawn, 2021S. Alvord Blvd., 476-4997

Glenwood, 901 Sweetser Ave., 435-8242

Harper, 21 S. Alvord Blvd., 476-1308

Hebron, 4400 Bellemeade Ave., 477-8915

Highland, 6701 Darmstadt Rd., 867-6401

Lincoln, 635 Lincoln Ave., 435-8235

Lodge, 2000 Lodge Ave., 477-5319

Oak Hill, 7700 Oak Hill Rd., 867-6426

Scott, 14940 Old State Rd., 867-2427

Stockwell, 2501 N. Stockwell Rd., 477-5345

Stringtown, 4720 Stringtown Rd., 435-8320

Tekoppel, 111 N. Tekoppel Ave., 435-8333

Vogel, 1500 Oak Hill Rd., 477-6109

West Terrace, 8000 West Terrace Dr., 435-8733

BUBBLE GUPPIES LIVE!

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Ready To Rock!

PRESALE TICKETS AVAILABLE TUESDAY, JANUARY 9 AT 10:00AM THROUGH THURSDAY, JANUARY 11 at 11:00PM.

USE PASSCODE: VMAIL

Bubble Guppies LIVE! Ready To Rock
will be at the Aiken Theatre
on Thursday, April 26 at 6:30 pm!

Tickets go on sale Friday, January 12 at 10:00am.
Seats are $18, $28, $35, $48 &
VIP Package for $80.

VIP Packages include the ultimate fan experience which features premium show seating and a pre-show Meet and Greet with two Bubble Guppies Live friends –
Gil and Molly!

Tickets go onsale to the general public on Friday, January 12 at 10:00am
Purchase at our Box Office, at 1-800-745-3000 or online through Ticketmaster.
Discounted Tickets available for groups of 10 or more,
call 812-435-5770 ext. 211 for details.

GET TICKETS NOW!

Otters to host tryout March 17

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The Evansville Otters will host a Frontier League preseason tryout Saturday March 17 at Bosse Field.

This workout serves as an open tryout for players who are seeking an opportunity to sign a professional contract for the 2018 season. Only the first 100 players to sign up will be accepted.

The event allows each player to showcase their skills in front of Frontier League managers and coaches. The Otters, Joliet Slammers and Arizona Diamondbacks will have coaches and scouts in attendance.

Registration fee for each player is $75 and players can register online at ondeckbaseballlafayette.com.

Tryouts start at 9 a.m. and last through 6 p.m. Position players can check in from 8:30 a.m. through 9 a.m. and pitchers can check in from 11:30 a.m. to noon (all times CT).

Players from outside the area can find discounted lodging at Comfort Inn and Suites by using the code “otterstryout.” For more details about the hotel discount, call 812-423-5818.

The rain date will be March 18 and if there is inclement weather both days, the tryout will be moved to an indoor facility.

The Otters will also have a tryout in Allentown, Pa. Saturday March 31 from 9 a.m. to 6 p.m. at ECTB Stadium at Bicentennial Park.

That tryout is $100 per player and you can also register for that event at ondeckbaseballlafayette.com.

The rain date for that tryout will be April 1 and if there is inclement weather both days, the tryout will be moved to an indoor facility.

The Frontier League is a professional, independent baseball organization located in the Midwestern United States. The league formed in 1993 and is the oldest active independent league.

To be eligible to play in the Frontier League, you must have completed your eligibility in college and may not have attained 27 years of age prior to Jan. 1, 2018.

The Evansville Otters are the 2006 and 2016 Frontier League champions. Group packages and season tickets are now on sale. For more information, visit evansvilleotters.com or call 812-435-8686.

ADOPT A PET

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Shang is a 9-month-old male brown tabby with white. He’s quiet & shy and he has an equally shy brother named Mushu. These boys do not HAVE to go home together, but they can. The adoption fee is $40 for one or $80 for both! Contact Vanderburgh Humane at (812) 426-2563 for details!

This Week at USI

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Tuesday, January 30 – Thursday, February 1

Student Success Week to offer students presentations on success, wellness

Early in each spring semester, University Division hosts Student Success Week, an entire week dedicated to students’ academic success and retention. This event offers students the opportunity to connect with University services, Colleges, and support offices under one roof in the University Center. A full lineup of activities can be found on the USI website.

7 p.m. Friday, February 2

USI to continue French film festival

The University of Southern Indiana’s College of Liberal Arts, World Languages and Cultures Department, and USI Society for Arts and Humanities will host the Tournées Film Festival, a French film festival continuing on Fridays through February 23. This week’s film, Phantom Boy, will be screened at 7 p.m. in Forum One. The film festival is free and open to the public. A discussion will follow each screening. More Information

Open through Saturday, February 17

New Harmony Gallery hosting ceramics exhibition of artists-in-residence

The New Harmony Gallery of Contemporary Art is hosting a ceramics exhibition, showcasing artists-in-residence at the New Harmony Clay Project, through Saturday, February 17. The exhibition is free and open to the public. A closing reception will be held at the gallery at 4 p.m. Saturday, February 17 prior to the Under the Beams concert featuring Daniel Hsu at 7:30 p.m. Read More

Open through Monday, February 19

Visiting artist to feature in dual exhibition at USI

The McCutchan Art Center/Pace Galleries will present two exhibits, IF/THEN: Sarah Martin and The Chair, writ small, through Monday, February 19.  Sarah Martin, University of Southern Indiana Art and Design Department visiting studio artist for spring 2018, will give a lecture on her work at 6:30 pm Monday, February 19 in Kleymeyer Hall in the Liberal Arts Center on the USI campus.  There will be a closing reception for both exhibitions and their artists immediately following the lecture in the McCutchan Art Center/Pace Galleries. Read More

9 a.m. Saturday, February 10

Hearts on Fire 5K

The ninth annual Hearts on Fire 5K, part of the Romain Screaming Eagles Running Series, will be held on Saturday, February 10 on the USI campus. This event a features an athlete division Run/Walk starting at 9 a.m. followed by a Cupid Fun Run (kids run) at 10:15 a.m. A portion of the proceeds from the Hearts on Fire 5K will be used to offer programming and provide professional development opportunities for student clubs within USI’s Pott College of Science, Engineering, and Education. More Information

10:30 a.m. Friday, February 16

International Food Expo

The University of Southern Indiana Center for International Programs will host its annual International Food Expo at 10:30 a.m. Friday, February 16 in Carter Hall. Tickets can be purchased in advance for $10 from the Center for International Programs Office in the University Center East, Room 1235, or at the door on the day of the Expo for $15. A portion of the proceeds will be donated to a local charity. For additional information, contact Nicole Vernon at nmvernon@usi.edu or 812-228-5092. More Information

6 p.m. Wednesday, February 21

Social activist Tia Oso to present 2018 Mandela Social Justice Day keynote address

Tia Oso, director of impact at Revolve Impact and a dynamic and experienced social justice leader, will present the keynote address for the University of Southern Indiana’s 2018 Nelson Mandela Social Justice Day at 6 p.m. Wednesday, February 21 in Carter Hall located in University Center West. Oso’s address, “Chaos or Community: The Persistent Question in Achieving Racial Progress and Human Rights,” is free and open to the public. The keynote address is the culmination of a full day of activities meant to raise dialogue at USI around current issues of human and civil rights, public service, and activism. This event is sponsored by the USI College of Liberal Arts, College of Nursing and Health Professions, Multicultural Center, Counseling Center and the Office of Housing and Residence Life. Read More

 

 

St. Vincent Cardiologists Host Free Community Lecture Series for Heart Month

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Presentations will be held every Wednesday in February

According to the Center for Disease Control, heart disease is the leading cause of death for both men and women in the U.S. and is responsible for more than 610,000 deaths each year. To help prevent heart disease and raise awareness of its effects, cardiologists from St. Vincent Medical Group are hosting free community lectures each Wednesday in February from noon to 1 p.m. for Heart Month.

St. Vincent cardiologists will share information about the following topics for each session:

February 7 – Dr. A.J. Voelkel presents Caring for your Heart

February 14 – Dr. Doug Sheffer presents Eating for your Heart Health

February 21 – Dr. Suneetha Venkatapuram presents Women’s Heart Health

February 28 – Dr. Jarrod Frizzell presents Understanding your Risks and Symptoms for Heart Attack

Classes will be held in the Cardiac Rehab Classroom at the St. Vincent Center for Advanced Medicine, 901 St. Mary’s Dr., Evansville. Attendees are encouraged to bring their lunch and registration is not required. For more information visit www.StVincentSWIN.org/Classes or call 812-473-2642.