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BMV Intentionally Overcharged, Lawyer Says After Fresh Settlement

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BMV Intentionally Overcharged, Lawyer Says After Fresh Settlement

Dave Stafford for www.theindianalwyer.com

The Indiana Bureau of Motor vehicles intentionally overcharged some 5.5 million Hoosiers for years, even after its misconduct was pointed out, said an attorney whose firm announced the second settlement of a class-action lawsuit against the agency.

Most Hoosier motorists will receive credits on future BMV transactions under the $62 million settlement, but some refunds for overcharges dating back a decade or more will require people to submit a claim online. Refunds are expected to range from about $1 to $50.

Cohen & Malad P.C. announced Thursday the BMV agreed to refund overcharges on more than 100 categories of fees dating to 2002. Managing partner Irwin Levin said the settlement concludes litigation against the bureau that in total returned more than $92 million in overcharges to BMV customers.

“We’re extremely proud of the results of this case,” Levin said. “It demonstrates what Hoosiers can do through the courts to hold the state accountable when government misconduct is discovered.”

The agreement calls for the BMV to pay an additional $7 million in attorney fees to Cohen & Malad. The law firm received about $6.3 million for the previous settlement.

Together with previous settlements and refunds, the BMV has admitted to charging drivers more than $115 million in higher-than-allowed taxes and fees over the past 15 years.

Attorney Carl Hayes represented the BMV in the case. He said the agency is pleased to have resolved the issue.

The firm first sued BMV in 2013, and the agency settled that case the same year. But the firm said after the current suit was filed, BMV insisted that there were no further overcharges and that credits to anyone entitled to them had been paid.

Levin said the firm proved during the second case continuing overcharges of numerous registration, vehicle licensing and identification card fees. “At various points, BMV knew they were overcharging and intentionally decided not to tell anyone or to refund the money,” he said.

In most cases, BMV will provide a credit to a customer’s accounts for any transaction overcharges that occurred from 2006-2014, Levin said. Customers who are out of state, no longer conduct business with the BMV, or would prefer to be sent a refund check may request a refund check on the BMV website here.

The settlement announced Thursday also includes overcharges for fees paid between 2002-July 2006. Because BMV no longer has those records, people who may have been overcharged must fill out a claim form on the BMV’s website.

“It’s meant to be user-friendly, and we think it is,” Levin said.

Rep. Messer Urges Support for President Trump’s Effort to Improve, Modernize Air Travel in the U.S.

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U.S. Rep. Luke Messer (IN-06) today urged support for President Trump’s effort to modernize American airways, reduce flight delays and inefficiencies, and reform the Federal Aviation Administration (FAA).

The House Transportation and Infrastructure Committee recently passed bipartisan legislation – the 21st Century Aviation Innovation, Reform, and Reauthorization (AIRR) Act – to enact badly needed, common-sense reforms to improve air travel in the U.S. It is scheduled to be considered by the full House as soon as next week.

“Modernizing air travel is a key part of the President’s infrastructure plan to kickstart American competitiveness and grow the economy,” said Messer, who is a co-sponsor on the bill. “Our aviation system is the busiest in the world, but it’s also inefficient, costly and plagued by bureaucracy. These reforms are long overdue, and will lead to safer, faster and cheaper air travel for Americans.”

The 21st Century AIRR Act is a six-year reauthorization of the FAA that separates our antiquated air traffic control (ATC) service from the federal government and helps finally modernize the system.

“For too many years, our country has tolerated unacceptable delays at the airport, long wait times on the tarmac, and a slowing of commerce and travel that costs us billions and billions of dollars in lost hours and lost dollars themselves,” President Trump said in his remarks launching efforts to pass the bill. “A modern air traffic control system will make life better for all Americans who travel, ship, or fly.”

The 21st Century AIRR Act will also reduce red tape in the FAA’s certification process for aircraft and aviation products, improve the safety of air travel, provide a better flying experience from gate to gate, foster innovation in aviation technologies and fund the Nation’s airport infrastructureThe 21st Century AIRR Act passed out of the HouseTransportation Committee by a vote of 32-25, with only one Republican joining withDemocrats to vote against the bill.

The 21st Century AIRR Act is sponsored by a bipartisan coalition including Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA), Aviation Subcommittee Chairman Frank LoBiondo (R-NJ), U.S. Rep. Sam Graves (R-MO), Aviation Subcommittee Vice Chair Paul Mitchell (R-MI), U.S. Rep. Colleen Hanabusa (D-HI), and U.S. Rep. Kyrsten Sinema (D-AZ).

 

The bill is also supported by the National Air Traffic Controllers Association, Air Line Pilots Association, Airlines for America, National Association of Manufacturers, Heritage Action and others.

Gov. Holcomb Makes Appointments to Various Boards and Commissions

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INDIANAPOLIS—Governor Eric J. Holcomb today announced several new appointments and reappointments to various state boards and commissions.

Veterans’ Affairs Commission

The governor made two new appointments to the Veterans’ Affairs Commission:

  • Major General Erika Steuterman of West Lafayette, retired from the United States Air Force, will join the commission, and the governor has designated her to serve as chair. Her term expires July 1, 2018.
  • Former Indianapolis Mayor Greg Ballard of Indianapolis will join the commission. His term expires July 1, 2018.

The governor made five reappointments to the commission:

  • Greg Baker of Franklin, representing the VFW, will continue to serve on the commission. His term expires July 1, 2018.
  • Richard Caldwell of Columbus, representing AMVETS, will continue to serve on the commission. His term expires July 1, 2018.
  • Kevin Coley of Greenwood, representing the Disabled American Veterans, will continue to serve on the commission. His term expires July 1, 2018.
  • Kenneth Hylton of Sunman, representing the American Legion, will continue to serve on the commission. His term expires July 1, 2018.
  • Jay Kendal of Roann, the County Veterans Service Officer for Miami County, will continue to serve on the commission. His term expires July 1, 2018.

Indiana War Memorials Commission

The governor made one reappointment to the War Memorials Commission:

  • Bruno P. Riboni of Granger, investment officer and vice president of Old National Bank, will continue his service on the commission. His new term begins August 1, 2017 and expires July 31, 2020.

Indiana State Department of Health Executive Board

The governor made several reappointments to the Executive Board of the State Department of Health:

  • Joanne Y. Martin of Indianapolis, director of Nurse Family Partnership Implementation Planning with Goodwill Industries of Central Indiana, will continue to serve on the board. Her new term begins August 1, 2017 and expires July 31, 2021.
  • Robin R. Marks of Indianapolis, senior regulatory specialist at LBR Regulatory & Clinical Consulting Services, Inc., will continue to serve on the board. Her new term begins August 1, 2017 and expires July 31, 2021.
  • Suellyn J. Sorensen of Indianapolis, director of clinical pharmacy services for St. Vincent Hospitals and Health System, will continue to serve on the board. Her new term begins August 1, 2017 and expires July 31, 2021.
  • Patricia D. Spence of Indianapolis, vice president of HNTB Corporation, will continue to serve on the board. Her new term begins August 1, 2017 and expires July 31, 2021.
  • Blake Dye of Fishers, president of St. Vincent Heart Center, will continue to serve on the board. His new term begins August 1, 2017 and expires July 31, 2021.

Indiana Arts Commission

The governor made two new appointments to the Indiana Arts Commission.

  • Anne Penny Valentine of Carmel, vice president of student experience and customer service at Ivy Tech, will join the commission. Her term expires June 30, 2021.
  • Laurie McRobbie of Bloomington, First Lady of Indiana University, will join the commission. Her term expires June 30, 2021.

The governor also made three reappointments to commission.

  • Allen C. Platt, III of Floyds Knobs, general counsel for Samtec, Inc., will continue to serve on the commission. His term expires June 30, 2021.
  • Linda Levell of Vincennes, a longtime educator, will continue to serve on the commission. Her term expires June 30, 2021.
  • Jennifer Perry of Terre Haute, principal of Marketability, will continue to serve on the commission. Her term expires June 30, 2021.

Indiana Real Estate Commission

The governor made one new appointment to the Real Estate Commission:

  • John “Jack” McCombs of Hamilton, with Mike Thomas Realtors, will join the commission. His term begins August 1, 2017 and expires July 31, 2021.

The governor made six reappointments to the commission:

  • Paul Boyter of Chesterton, with McColly Real Estate, will continue his service on the commission. His new term begins August 1, 2017 and expires July 31, 2021.
  • Suzan M. Cox of South Bend, with Cressy & Everett Real Estate, will continue her service on the commission. Her new term begins August 1, 2017 and expires July 31, 2021.
  • Charles W. Shook of West Lafayette, with Coldwell Banker Shook, will continue his service on the commission. His new term begins August 1, 2017 and expires July 31, 2021.
  • Norman E. McClain of Indianapolis, with Century 21 Scheetz, will continue his service on the commission. His new term begins August 1, 2017 and expires July 31, 2021.
  • John Briscoe of Evansville, with F.C. Tucker Emge, will continue his service on the commission. His new term begins August 1, 2017 and expires July 31, 2021.
  • Pamela Lumley of Sellersburg, with RE/MAX, will continue her service on the commission. Her new term begins August 1, 2017 and expires July 31, 2021.

Bicycle Trails Task Force

The governor made several appointments to the Bicycle Trails Task Force, which was created by the General Assembly this year to propose steps to connect existing bicycle trails throughout Indiana and increase bicycle safety. The following members will serve at the pleasure of the governor:

  • Rep. Wes Culver, District 49, will join the task force.
  • Mitch Barloga of Crown Point, transportation manager for the Northwest Indiana Regional Planning Commission, will join the task force.
  • Kyle Hannon of Elkhart, president and CEO of the Greater Elkhart Chamber of Commerce, will join the task force.
  • Mayor SuzAnne Handshoe of Kendallville will join the task force.
  • Bruce Kimball of Carmel, representing the Central District of Carmel on the Carmel City Council, will join the task force.
  • Dean Peterson of Indianapolis, head cycling coach of Marian University, will join the task force.
  • Vincent Griffin of Indianapolis, recently retired from the Indiana Chamber, will join the task force.
  • Paul Grayson, executive vice president of the Indianapolis Zoo, will join the task force.
  • Jeffrey Smallwood of Avon, retired from Eli Lilly & Company, will join the task force.
  • Andrew Forrester of Madison, director of community relations for the City of Madison, will join the task force.
  • Justin Schneider of Columbus, director of state government relations at Indiana Farm Bureau, will join the task force.
  • Kara Kish of Terre Haute, superintendent of the Vigo County Parks & Recreation Department, will join the task force.
  • Additionally, the Governor appointed Dr. Jerome Adams and Joe McGuinness, in their roles as State Health Commissioner and Commissioner of the Department of Transportation, to join the task force or to designate members of their departments to serve, as well as Rebecca Holwerda to serve as the Governor’s designee.

Indiana State Coroners Training Board

The governor made one new appointment to the Coroners Training Board.

  • Philip S. Zahm of Huntington, Huntington County Coroner, will join the Board. He serves at the pleasure of the governor.

Customers Encouraged To Consider Energy Efficiency Tips Throughout The Cooling Season

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With humid, 90-degree-plus temperatures expected the next several days, Vectren is reminding customers to consider ways to conserve energy to help manage summer energy bills.

“Indiana’s extreme heat and humidity has historically taken its toll on customers’ air conditioners and cooling fans that have to run more frequently to keep their homes and businesses comfortable,” said Brad Ellsworth, president of Vectren Energy Delivery-South. “As we enter the heart of the cooling season, we are encouraging customers to practice energy efficiency and find simple ways to cut energy costs by reducing their energy usage.”

Below are some simple tips to help conserve energy and keep your house or business cool during the summer:

  • Regularly clean and/or replace your air conditioner filter to help your unit run at full efficiency and supply better air flow.
  • Clear leaves and other debris away from your air conditioner’s condensing unit on the outside of your home and hose off any accumulated dirt.
  • Dial up the thermostat. For each degree the thermostat is raised for a sustained, 8-hour period, you can save 1 to 3 percent in cooling costs. The U.S. Department of Energy recommends a summer thermostat setting of no lower than 78 degrees.
  • Reduce energy costs and increase comfort with a programmable thermostat. A programmable thermostat can maximize your energy savings without the hassle of manually adjusting your thermostat. Vectren customers are eligible for a $10 rebate when purchasing a programmable thermostat or rebates up to $75 when purchasing a Wi-Fi enabled or smart thermostat. Visit vectren.com/saveenergy for details.
  • Close storm windows and doors to keep hot air out and cool air in.
  • Minimize the use of ovens, stoves, washers, dryers and other major appliances that generate heat inside the home when used. When you must use them, choose the late evening.
  • Reverse the direction of your ceiling fan. By changing the direction to counter-clockwise in the summer, the fan will circulate the cool air. With this cooling effect, you can raise the thermostat three to four degrees and feel just as comfortable.
  • Keep in mind that ceiling fans cool people, not rooms. If the room is unoccupied, turn off the ceiling fan to save energy.
  • Close your blinds or curtains to keep sunlight out. The sun’s rays will warm your home and cause additional air conditioning use.
  • Sign up for an on-site home energy assessment by visiting vectren.com. By completing a home energy assessment, a trained energy professional will help analyze the efficiency of your home through a 1 to 2-hour walk-through. He/she will look at the age of your appliances, check your insulation levels and any air leakage issues assess your home’s lighting, etc. and then provide a detailed report on how to cut energy costs. While on site, the technician will also install efficient bulbs, low-flow faucet aerators and low-flow showerheads, if desired.

Customers who receive a disconnect notice or find themselves challenged to pay these summer bills should call Vectren at 1-800-227-1376 to see if they qualify for a payment arrangement, through which the total bill amount can be spread into smaller payments over a set period of time.

Vectren offers additional energy efficiency programs for residential and business customers. Learn more about Vectren’s programs at www.vectren.com or call 1-866-240-8476.

About Vectren

Vectren Corporation (NYSE: VVC) is an energy holding company headquartered in Evansville, Ind.

Vectren’s energy delivery subsidiaries provide gas and/or electricity to more than 1 million customers in adjoining service territories that cover nearly two-thirds of Indiana and about 20 percent of Ohio, primarily in the west-central area. Vectren’s nonutility subsidiaries and affiliates currently offer energy-related products and services to customers throughout the U.S. These include infrastructure services and energy services. To learn more about Vectren, visit www.vectren.com.

 

Happy Birthday, Harry! Plus, Award Nominee Honors and calls for artists!

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Celebrate all things magical with us July 29!
In honor of Harry Potter’s birthday, the Arts Council of Southwestern Indiana is planning a day filled with “magical” objects and birthday cake! Join us July 29 to shop for wands, magic-themed artwork, unique jewelry, and more! The items will be available at the Arts Council during the Saturday event and for a limited time afterward.
“Magical” Art Sale
Saturday, July 29, 2017
2 – 4 p.m.
Arts Council of Southwestern Indiana
318 Main Street, Downtown Evansville
TOTAL ECLIPSE OF THE ARTS
HONOR AN AWARD FINALIST!
Show your support for the 2017 Arts Council of Southwestern Indiana Awards finalists! Click here to download our special donation form to give a gift in honor of a finalist and to submit a message that will be displayed at the event. To view the finalists and more information about the event — or to order tickets to the event – click here.
CALL FOR ARTISTS
‘A NOSTALGIC ROAD TRIP’

The Rumjahn Gallery in Evansville is calling for entries for a juried show September 22. On that weekend, vintage buses from around the country will rally in Downtown Evansville, and this art show will celebrate and commemorate this event. The show’s theme is “A Nostalgic Road Trip,” and interested artists may submit 2D and 3D works of art created within the past year depicting or inspired by mid-century life in the 1950s and 1960s. For more information, including entry guidelines, click here.
CALL FOR ARTISTS
‘INSPIRATION THROUGH ART’
Easterseals has created an opportunity for children and adults with disabilities to gain “Inspiration through Art” through a hanging art display system, which also gives local artists an opportunity to display their work in a public facility with significant daily foot traffic. The artwork will be displayed for approximately four-month periods, rotating the work three times a year. The registration deadline is August 18. For more information, click here.
CURRENT EXHIBIT
HAVE YOU SEEN ‘ART IN THE CITY’?

Come see what more than 50 talented local artists are creating!  Many of the pieces are for sale as well, if you are looking to decorate your space with incredible local art. But hurry! The show ends soon.

REMINDER TO FEATURED ARTISTS:

Artists whose work is featured in Art in the City are reminded to please pick up their pieces Aug. 2.
Happy Birthday, Harry! Plus, award nominee honors and calls for artists!

Air Quality Forecast

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Air quality forecasts for Evansville and Vanderburgh County are provided as a public service.  They are best estimates of predicted pollution levels that can be used as a guide so people can modify their activities and reduce their exposure to air quality conditions that may affect their health.  The forecasts are routinely made available at least a day in advance, and are posted by 10:30 AM Evansville time on Monday (for Tuesday through Thursday) and Thursday (for Friday through Monday).  When atmospheric conditions are uncertain or favor pollution levels above the National Ambient Air Quality Standards, forecasts are made on a daily basis.

Ozone forecasts are available from mid-April through September 30th.  Fine particulate (PM2.5) forecasts are available year round.

Thursday
July 20		 Friday
July 21		 Saturday
July 22		 Sunday
July 23		 Monday
July 24
Fine Particulate
(0-23 CST avg)
Air Quality Index		 moderate moderate NA* NA* NA*
Ozone
Air Quality Index		 moderate moderate NA* NA* NA*
Ozone
(peak 8-hr avg)
(expected)		 NA* NA* NA* NA* NA*

* Not Available and/or Conditions Uncertain.

Air Quality Action Days

Ozone Alerts are issued by the Evansville EPA when maximum ozone readings averaged over a period of eight hours are forecasted to reach 71 parts per billion (ppb), or unhealthy for sensitive groups on the USEPA Air Quality Index scale.

Particulate Alerts are issued by the Evansville EPA when PM2.5 readings averaged over the period of midnight to midnight are forecasted to reach 35 micrograms per meter cubed (µg/m3).

Current conditions of OZONE and FINE PARTICULATE MATTER are available in near real-time on the Indiana Department of Environment Management’s website.

National and regional maps of current conditions are available through USEPA AIRNow.

Otters hosting youth baseball camps

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The Evansville Otters are hosting two three-hour youth baseball camps July 29 and Aug. 19 at Bosse Field.

Both camps will start at 9 a.m. and will end at noon. Campers will receive a lunch after the camp and a general admission ticket to the home game that night. Attendees are encouraged to bring a bat, glove and running shoes.

Cost for the camp is $10 and it will include lessons on mechanics in hitting, fielding and throwing from the Otters coaching staff and players.

Parents can sign their children up for either camp by filling out the form and bringing the paperwork along with $10 to Bosse Field. Walk-up registration for the camp will be available on both dates.

The camp is open to all ages.

The Otters return home to Bosse Field on Friday against the Washington Wild Things at 6:35 p.m for Indianapolis Colts Night and fans are encouraged to stay afterwards for a spectacular postgame fireworks show.

Tickets are still available by going to evansvilleotters.com or calling 812-435-8686. Subscriptions for Otters Digital Network are now on sale and more information can be found at evansvilleotters.com.

 

IU’s Connor Places 9th in 3-Meter Dive at World Championships 

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BUDAPEST, Hungary – Indiana University diver James Connor had a great showing in the championship final of the 3-meter dive at the 2017 FINA World Championships on Thursday in Budapest, Hungary.

Connor took ninth overall in the final with a total score of 453.80. Diving for Team Australia, Connor posted scores of 71 points or more on all six of his dives, including a 82.25 on his fourth effort.

The Hoosiers had an incredibly successful week at the FINA World Championships, as the IU divers combined to total six championship final appearances. Along with the four divers, Indiana diving coach Drew Johansen served as head coach for Team USA.

The FINA World Championships continue on Sunday with the start of the swimming portion of the championships. Eight current and former Indiana swimmers will compete.

Indiana at the 2017 FINA World Diving Championships

Men’s 1-Meter Dive

  1. Michael Hixon – 439.15
  2. James Connor – 323.40

Men’s 3-Meter Dive

  1. James Connor – 453.80
  2. Michael Hixon – 397.45

Women’s Platform Dive

  1. Jessica Parratto – 302.35

Men’s 3-Meter Synchro

  1. Michael Hixon – 409.05Women’s Platform Synchro
  1. Jessica Parratto – 306.96

Mixed Platform Synchro

  1. Andrew Capobianco – 300.12

Food Trucks, Canoes & Science

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As we are winding down our Summer Camps next week, there are still plenty of other opportunities for adventure with us before summer runs out!

It’s always cooler in the woods! Come out and take a break from the sun by enjoying an afternoon walking the trails!
Food Truck Fridays roll on! We have been having so much fun talking visiting with everyone that has been coming out for our Food Truck Fridays. Each Friday for the rest of the summer, a local food truck will be parked at the Nature Center. Enjoy their yummy food AND get discounted admission to Wesselman Woods that day with your purchase!

Upcoming Trucks:
July 21 – Flying Pigs BBQ
July 28 – Spuds N Stuff
August 4 – River City Dawgs
August 11 – Acropolis
Our Canoe season is in full swing. Paddlers of all ages are enjoying our local waterways. with our trained staff. Upcoming excursions:

August 4 – Moonlight Paddle at Bluegrass FWA
September 9 – Moonlight Paddle at Hovey Lake
September 23 – Pigeon Creek Paddle
October 7 – Moonlight Paddle at Bluegrass FWA
October 21 – Stargazing Paddle at Lynville Lake
Register Now

USI Women’s Basketball nets high marks in classroom

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 University of Southern Indiana Women’s Basketball earned high marks in the classroom during the 2016-17 campaign as they finished the year ranked No. 12 in the nation in team grade point average according to the Women’s Basketball Coaches’ Association Academic Top 25 that was released this week.

The No. 12 ranking, which was second amongst Great Lakes Valley Conference programs, is the highest finish for the Screaming Eagles in program history.

Led by reigning GLVC Coach of the Year Rick Stein, the Eagles finished the year with a 3.64 team GPA. USI, which was one of seven USI programs to be recognized as an Academic All-GLVC team, completed the year with 12 Academic All-Conference performers.

On the court, USI finished the season with a 24-5 overall record and a 16-2 mark in GLVC play. The Eagles won the GLVC East Division by three games.

“I am so proud of this group of young women,” Stein said. “Their accomplishments in the classroom and on the court show the kind of student-athletes they strive to be every day.

“We are excited to top off a really good year on the court with a 3.64 GPA and 12 Academic All-Conference players,” Stein continued. “These young ladies had this as a goal at the beginning of the year and for them to reach that goal, it truly is a special accomplishment.”

 

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