IS IT TRUE NOVEMBER 3, 2017

11/03/2017

We hope that todays â€œIS IT TRUEâ€Â will provoke â€œhonest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way?â€

IS IT TRUE that something that the City County Observer advocated for many years ago has finally come to be?…Evansville is going to get a new state of the art dog park and not one dime of public money is going to the dogs?…the new dog park fully paid for by the dog owners living in this area who choose to spend their own money will be adjacent to the soccer fields in the park on Vann Avenue that is between the Lloyd Expressway and Lincoln Avenue will be the site of the new pooch palace?…in the spirit of affection between manâ€™s best friend and the Mayorâ€™s office, the City of Evansville will be roughly $3 Million richer and the dog lovers will have the honor of paying their own way as opposed to having the taxpayer subsidize bowserâ€™s recreational opportunities?

IS IT TRUE that a dog park paid by the users is how things are supposed to happen in a functioning society? …we hope this does not give Mayor Winnecke and the Evansville City Council the delusion that they have $3 Million to waste on some other nonsensical project?…we also hope that our elected officials Â realize that good public policy practice by everyday day citizens has once again Â saved them from themselves?

IS IT TRUE that the CCO also openly stated that a downtown hotel would happen without a subsidy when and if a medical school was becoming a reality?…as with the dog park, two hotels without the need for a handout have followed the medical school into downtown Evansville?…that is another $20 Million that the taxpayers of Evansville would have saved if we had a Mayor and Council with a shred of patience when it came to greasing an aspiring hotelier?…alas in the case of the Doubletree, the taxpayers saw that $20 Million plus go to waste unnecessarily?…we wonder who let those dogs out?…it must have been former Mayor Weinzapfel who boasted about how a Marriot would come to downtown Evansville without a subsidy if and only if a hockey arena was built?…that is turning out to be the gift that keeps on taking?…it takes about $9 Million per year that could have been used for some other useful purpose like sewers, water pipes, or road repairs?

IS IT TRUE that while we are on the subject of the City of Evansville borrowing money to build a downtown hockey rink, we noticed that buried in the fine print of President Trumpâ€™s proposed tax reform plan is a provision that will eliminate the tax free status of interest paid on municipal bonds issued for sports stadiums?…this is one provision of the proposed tax reform plan that the CCO heartily endorses as stadiums never perform up to expectations and allowing tax exempt debt to be utilized to fleece the taxpayers into building temples to sport was just wrong in the first place?…we wonder if this is going to apply to bonds that have already been issued?

IS IT TRUE that Henderson is about to see the K-Mart that has been there forever close as it was on a list of upcoming closures issued by the parent organization aka Sears and Roebucks?…the brick and mortar retail stores continue to get Amazoned on a regular basis?…some but not very many brick and mortar stores are finding new ways like making deals with towing companies to make up for the lost revenue?

IS IT TRUE that last night our first responders worked a scene of two shootings? Â …its was reported that a suspect was reported to be fleeing the scene of the shootings? …it was also members of the EPD were holding another possible suspect at gunpoint? Â …we are proud of our man and women in blue for help keeping our community safe from bad people?…the next time you see our first responders please give them a “thumbs up” for doing a great job in protecting us?

As of 9:40 p.m. AMR, police and fire units were still on scene.

At about 10:10 p.m., according to scanner traffic, the suspect vehicle was seen near Taylor Avenue turning onto Garvin Street. Police were working to locate the vehicle over the next two hours.

We will update as more details become available.

IS IT TRUE starting next week you will be able to read articles posted in the CCO articles written by Franklin College School of Journalism students about the current happenings at the State Capital? … articles that we will be publishing from the StatehouseFiles are; Courts and Crime, Drug Epidemic, Education, Environment, Health, immigration, Jobs-Economy and Labor, Local Government, Poverty, Roads and Construction, Social Issues, Taxes and Budgets, Technology, Commentary, Videos, Elections and News from Across Indiana? …we would like to thank long time supporter and friend Joe Wallace for stating that “this is a big win for the CCO. Congratulations on making this deal. This is a game changer”? Â …it look like Mr. Wallace understands that The StatehouseFile and the City COUNTY OBSERVER partnership agreement really is a big deal?

Todays READERS POLL question is:Â Do you feel that the partnership agreement between the STATEHOUSEFILE and the City COUNTY OBSERVER is really a big deal?

Please take time and read our newest feature articles entitled â€œLAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBSâ€ and â€œLOCAL SPORTSâ€ posted in our sections. Â You now are able to subscribe to get the CCO daily.

If you would like to advertise in the CCO please contact us City-County Observer@live.com.

EDITORâ€™S FOOTNOTE: Â Any comments posted in thisÂ columnÂ do not represent the views orÂ opinions of the City County Observer or our advertisers

Former Arkansas Governor Mike Huckabee Coming to Evansville

11/03/2017

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Channel 44 News: Former Arkansas Governor Mike Huckabee Coming to Evansville

NOVEMBER 2ND, 2017Â Â TYRONE MORRISÂ EVANSVILLE,Â INDIANA

Heâ€™ll be in Evansville April 19th, 2018 at theÂ VanderburghÂ County right to Life Banquet.

Thatâ€™s the largest banquet of it kind in the nation.

HuckabeeÂ will serve as theÂ featured speakerÂ at the event.

Public Law Monitor

11/03/2017

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Carmel Wins Annexation Appeal

Carmel Wins Annexation AppealThe Indiana Court of Appeals upheld a lower courtâ€™s decision to allow Carmelâ€™s annexation of a small community in Clay Township known as Home Place to move forward. The lengthy battle between the city and residents of the unincorporated area started in 2004. A majority of the 2,200 households of Home Place objected to the annexation and filed a lawsuit to prevent it. In 2005, Hamilton County Superior Judge William Hughes ruled in favor of the property owners, saying Carmel didnâ€™t prove it could financially afford to annex the area. But, in 2007, the Indiana Court of Appeals reversed that decision. The Indiana Supreme Court declined to hear the case and sent it back to the trial court for further review.

After the matter was set aside for a period of a few years, the trial court in 2016 again took up the landownersâ€™ remonstration on remand from the COA. The trial court then ruled in favor of Carmel, concluding that landowners failed to prove that fire protection could be adequately furnished by a provider other than Carmel. The COA affirmed that decision Tuesday. Landowners could persuade neither the trial court nor the Court of Appeals that Home Place could be served with fire protection by Clay Township. The COA concluded the trial court in 2016 properly interpreted state statutes regarding a municipalityâ€™s right to exercise powers within four miles of its boundaries, circumstances when a municipality must provide fire protection, and others in reaching its findings and conclusion. Click here to read the decision.

Board of Accounts Finds $1.5 Million Misspent In Public Funds

More than $1.5 million in public monies were misspent or misappropriated in the past year by government entities in Indiana, the State Board of Accounts (SBOA) reported last week. The SBOA issued 70 reports last year that requested that officials or their employees pay back some amount of funds. Of those, 15 government bodies had misspent or misappropriated in excess of $10,000 each. The highest was $338,585 in Tippecanoe County, based on a special investigation of the clerkâ€™s records from 2005 to 2014 but released in January 2017. The SBOAâ€™s audit reports are given to the Indiana Attorney Generalâ€™s office in seeking civil collections and county prosecutors for criminal activity. The SBOA examines finances of all Indiana government agencies including non-profits that receive state funds. Last year, the board issued 2,250 reports on government bodies.

City Attorney Who Falsified Email Suspended For 180 Days

An Indianapolis city attorney who gave inaccurate information to a news reporter then tried to destroy evidence of his misconduct has been suspended from the practice of law in Indiana for 180 days. In an order posted in In the Matter of: Mark J. Pizur, the Indiana Supreme Court unanimously decided to suspend Mark Pizur for deceitful conduct dating back to November 2015, when he was working for the Indianapolis Office of Corporation Counsel. When a news reporter sought information from the Indianapolis Animal Care and Control (ACC), Pizur sent an email to the reporter saying a kennel owner had not notified ACC or the city that any of the dogs were pregnant. Pizur was quoted in the reporterâ€™s story, but at a subsequent hearing, the kennel owner told the court that statement was inaccurate. Pizur then falsely told the court that he had been misquoted, so the kennel owner submitted a public records request seeking emails between Pizur and the reporter. Before he provided the requested emails, Pizur deleted the statement that was quoted in the article. However, the news outlet eventually sent the kennel owner a certified copy of the original email, thus showing that Pizur had altered the requested documents.

House Tax Bill Eliminates PABs, AdvanceÂ Refunding

The House Republican leadership has released its draft tax bill, which is available here. A section-by section description of the bill is available here. Among the provisions that would affect state and local bonds, the bill would eliminate private activity bonds (sec. 3601), advance refundings (sec. 3602), and tax credit bonds (sec. 3603) beginning with bonds issued after December 31, 2017. The draft bill would also eliminate tax-exempt bonds for professional stadiums for bonds issued after today, November 2, 2017 (sec. 3604). The bill would also terminate the New Markets Tax Credit (sec. 3406). The House Ways and Means Committee is expected to mark up the bill beginning next Monday, November 6.

EDITORS FOOTNOTE: Joshua ClaybournÂ is Counsel in Jackson Kellyâ€™s Evansville office. He advises clients in matters of business and corporate law, governmental services, and public finance. Learn more here.

USI Board Of Trustees Approves Conferral Of Fall 2017 Degrees

11/03/2017

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At its regular meeting on Thursday, November 2, the University of Southern Indiana Board of Trustees approved the conferral of master, baccalaureate, and associate degrees for the 2017 Fall Commencement Ceremonies, to be held on Saturday, December 9 in the Physical Activities Center.

The commencement speaker for the College of Liberal Arts and Romain College of Business ceremony will be Dr. Steven Zehr, professor of sociology and 2017 recipient of the Distinguished Professor Award. The commencement speaker for the Pott College of Science, Engineering, and Education and College of Nursing and Health Professions ceremony will be Robert Millard-Mendez, professor of art and 2017 recipient of the H. Lee Cooper Core Curriculum Award.

Additionally, Trustees received a report from Phil Parker, director of Career Services and Internships, on the 2016 Graduate Destination Survey. Among the results, 88 percent of responding degree recipients from the class of 2016 said that they found employment after graduation, and 25 percent reported they had enrolled in either a graduate program or professional school.

In other business, the Trustees heard reports on student financial assistance, insurance renewals and current construction projects.

PRICE IS RIGHT LESS THAN TWO WEEKS AWAY!

11/03/2017

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The Price Is Right Live Less Than
Two Weeks Away!
The Price Is Right Liveâ„¢ is the hit interactive stage show that gives eligible individuals the chance to “Come On Down” and play classic games from television’s longest running and most popular game show.Â Contestants can win cash, appliances, vacations and possibly even a new car by playing favorites like Plinkoâ„¢, Cliffhangersâ„¢, The Big Wheelâ„¢, and the fabulous Showcase!Â The Price Is Right Live on the Old National Events Plaza stage Tuesday, November 14 at 8:00pm!

The Price Is Right Live! Stage Show tickets are
$52, $43 or $33. Purchase tickets online,
at 1-800-745-3000or at our Box Office.

First Security Bank Grand Opening Includes Donation to HOPE of Evansville

11/03/2017

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week with Evansville Mayor Lloyd Winnecke, the Southwest Indiana Chamber of Commerce, bank directors and customers, and HOPE of Evansville.

The bank chose to recognize and honor HOPE of Evansville with a $3,000 donation during the grand opening ceremony of the new banking center.

â€œHOPE of Evansville, and its mission to provide, promote, and sustain affordable housing and credit counseling opportunities for low-to-moderate income families, aligns perfectly with our â€œWhyâ€ at First Security Bank. Our Why is â€œTransforming lives through mutual trustâ€ and watching HOPE working with families on homeownership is powerful and important work in our community,â€ said Jeff Jackson, EVP â€“ Chief Commercial Banking Officer.

â€œWe appreciate Mayor Winnecke and the Chamber joining us to celebrate our commitment to Evansville with this new banking center opening,â€ said Ty Swisher, Banking Center Manager.

The grand opening also included cash prizes for many customers and prospects, and tours of the banking center, which is the first location for First Security Bankâ€™s new brand and customer experience.

First Security Bank, with $600 million in assets and more than 130 employees, has 11 banking centers in four major markets inc

D-Patrick Drives for Ronald McDonald House Was A Big Success

11/03/2017

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Hundreds of locals help raise money for Ronald McDonald House Charities of the Ohio Valley when they took a test drive during the month of October at D-Patrick. D-Patrick donated $10 for every vehicle that was test driven. In the end, D-Patrick raised a generous $2,500.00!

There was a check presentation on Tuesday, October 31, 2017 at the Ronald McDonald House (3540 Washington Ave., Evansville, IN 47714). Â We would like to thank D-Patrick for their generous contribution.

For more information on Ronald McDonald House Charities of the Ohio Valleyâ€™s mission and its programs, visit www.rmhcohiovalley.org.

Suit: Military Defense Counsel Detained For Excusing Attorney Kammen

11/03/2017

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Marilyn Odendahl for www.theindianalawyer.com

Accused terrorist Abd al-Rahim Hussein al-Nashiri has asked a federal court to stop his criminal proceedings at Guantanamo Bay, claiming the federal government is denying his right to qualified counsel during a death penalty case.

The motion was filed Nov. 1 in U.S. District Court for the District of Columbia, about two weeks after al-Nashiriâ€™s civilian defense counsel, led by Indianapolis attorney Richard Kammen, quit apparently over concerns the government was listening to privileged conversations between the defendant and his attorneys. Al-Nashiri argued he should not be subjected to a trial by the military commission while he is not represented by qualified counsel.

As the memorandum in support of his motion asserted, â€œPetitionerâ€™s right to qualified counsel in a capital case should not be denied because of a bureaucratic standoff for which he has no responsibility and no means of solving.â€

That same memorandum provided more details on the circumstances that caused Kammen and his team to withdraw, and what has happened since. A second motion al-Nashiri filed today notes the presiding judge in his trial, Air Force Col. Vance Spath, sentenced Chief Defense Counsel, Marine Brig. Gen. John Baker, to 21 days of confinement for refusing to rescind his order excusing Kammen and his team.

The trouble started in June 2017 when Baker, chief defense counsel, told defense counsel that he had recently received information indicating the conversations between the defendants and their attorneys were not private.

The prosecution assured al-Nashiriâ€™s counsel the â€œintrusion issueâ€ did not impact the rooms where the defendant and his attorneys were meeting. However, the memorandum claims that the defense attorneys subsequently discovered evidence which â€œunambiguously contradicted the prosecutionâ€™s assurances.

â€œâ€¦ (T)he evidence is compelling and would provide no reasonable attorney with confidence that they could maintain attorney-client confidentiality, when meeting in such spaces,â€ the memorandum stated.

An extensive footnote pointed out this was not the first time attorney-client privileged had been compromised. In previous years, privileged legal materials had been confiscated from detaineesâ€™ cells and correspondence between defense counsel and the clients was being read by the legal department at the Naval Base. Also, microphones were discovered to have been hidden in the smoke detectors placed in the rooms where the detainees met with their attorneys.

The intrusion apparently spread to electronic surveillance. Defense counsel discovered, â€œthrough a series of IT related failures,â€ that an unknown amount of privileged work product had been turned over to the prosecution and others in the government. In addition, the government was also monitoring the defense counselâ€™s internet use, prompting the chief defense counsel to prohibit the attorneys from using the Department of Defense networks to rely confidential information.

In September, Spath concluded al-Nashiri had no right to confidentiality when talking to his attorneys, with the exception that his communications would not be used against him in the military commission proceedings at Guantanamo Bay.

After consulting with Hofstra University School of Law professor Ellen Yaroshefsky on the ethical issue, Kammen and his team withdrew from the case. They said they were ethically bound to stop their representation.

However, Spath said he did not find â€œgood causeâ€ to release the defense team and recalled Kammen and his colleagues to return to Guantanamo Bay for previously scheduled hearings. When none of the civilian attorneys made an appearance, the prosecution demanded the hearings proceed anyway and asked the judge to hold the defense counsel in contempt.

Spath then decided to proceed regardless of whether al-Nashiri was represented by learned counsel. Also, the judge announced he was going to hold a contempt hearing against Baker on Nov. 1.

The defendant is still being represented by military counsel, Navy Lt. Alaric Piette, but the attorney has no experience in capital cases and, according to the memorandum, is reviewing his own ethical obligations on the issue of attorney-client privilege.

Al-Nashiri argues in his motion that under the Military Commissions Act, he has a right to learned counsel.

â€œThe irreparable harms Petitioner faces are significant,â€ the memorandum states. â€œCol. Spath has announced on the record his intention to proceed not just through the witnesses that are expected to be called over the next few weeks, but all the way to final judgment, regardless of whether Petitioner is afforded his statutory and regulatory rights to learned counsel,â€ the memorandum states. â€œSuch a blanket denial of the right to counsel in a capital case is extraordinary.â€

The case is Abd Al-Rahim Hussein Al-Nashiri v. Donald Trump, et al., 1:08-cv-01207.

Breeders’ Cup 2017, Ellis Park

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Join us at Ellis Park for the 2017 Breeders’ Cup!

Friday & Saturday, November 3rd & 4th

Breeders’ Cup Classic on Saturday at 7:35pm CT

Doors open at 10am CT

Advanced wagering on Breeder’s Cup will be available on Friday from 10am-9pm

Buffet available on Saturday from 12pm-4pm for only $15.95!

Call and book reservations now!

812-435-8918

Road matches at UNI and Drake next up for volleyball

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Aces on the road this weekend

A trip to Iowa is on tap for the University of Evansville volleyball team this weekend as the Purple Aces head to Cedar Falls to face UNI on Friday before going to Des Moines on Saturday to take on Drake.Â Both matches are on The Valley on ESPN3.

UE is coming off of a strong weekend of play inside Meeks Family Fieldhouse.Â On Friday, the Aces gave Missouri State all it could handle before rebounding on Saturday for a 3-0 win over Southern Illinois.

Reigning MVC Freshman of the Week Cassie Brooks was on fire last weekend as she posted an unbelievable 6.83 digs per set in leading the Purple Aces to a 3-0 win over Southern Illinois and a great effort against Missouri State on Friday.Â The first match of the weekend against MSU saw Brooks notch 21 digs against the undefeated Bears before notching 20 versus SIU. Over the last seven matches, Brooks has averaged 5.18 digs per set.Â Â She has accumulated at least 11 digs in 22 out of 24 matches this year with her high of 29 coming in the opener against Chicago State.Â Her 27 digs also played a pivotal role in a 3-2 win over Western Illinois in the first weekend of play as she earned a spot on the All-Tournament Team.Â Brooksâ€™ play has seen the Aces improve from 12.73 digs/game in 2016 to 15.87 per frame in 2017.

Cathy Schreiber hit an unreal .409 in two matches for the Purple Aces over the weekend.Â She had 24 kills in 44 attempts with just six errors while notching 4.00 kills per set.Â Schreiberâ€™s season hitting mark of .293 ranks 8th in the MVC.Â She has had double figure kills in five of the last six matches while hitting .300 or higher on ten occasions.Â She has hit at least .333 in the last three contests for the Aces.

The Purple Aces earned a 3-0 victory over Southern Illinois on Saturday inside Meeks Family Fieldhouse. Â It was the first MVC sweep for UE since earning a 3-0 win over Bradley on October 3, 2014.

UNI enters Fridayâ€™s match with a 21-6 mark while going 10-2 in league play.Â Last weekend, UNI earned a 3-0 win at Bradley after falling at Illinois State in five sets on Friday.Â Piper Thomas is the most accurate hitter in the MVC, checking in at .355 while ranking third with 3.93 kills per game.Â Heather Hook sits atop the conference rankings in assists with 11.65/set.

Drake has also enjoyed a great season as they start the weekend with a 21-6 record while winning 10 of their 13 league matches.Â They have won three in a row including road triumphs against the Braves and Redbirds last weekend.Â Kyla Inderski and Cathryn Cheek pace the Bulldogs with 3.31 and 3.12 kills per game, respectively.