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IS IT TRUE JULY 18, 2017

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IS IT TRUE we are being told that members of the Evansville City Council have finally realized that they have been mis-lead by the Winnecke Administration concerning the major financial shortfalls facing them in the upcoming 2018 city budget?
IS IT TRUE that former City Council President and Finance Chairmen John Friend-CPA predicted that starting in 2017 will be the beginning of major financial problems for the City of Evansville?  …it looks like Mr. Friends predictions may be spot on?
IS IT TRUE that people who are served by the City of Evansville Water and Utility Department received a fear inducing letter this month with their bill warning that if their water service line breaks, repairs will cost them thousands of dollars?…the mailing contained an advertising slick for a water line coverage insurance plan from HomeServe offering “Peace of Mind” for only $5.99 a month, on Evansville Water and Sewer Utility letterhead?…the EWSU even had the audacity to claim that using their letterhead to hawk insurance policies was customer service outreach?…while the slick never said so, the reality is that the breaks that it was hawking policies for only happen in houses over 50 years old due to advancements in materials in newer homes?
IS IT TRUE the City got a good payday for allowing HomeServe to solicit EWSU customers for service contracts too?…the Water and Sewer Utility Department received $50,000 for lending the official credibility of local government to a Connecticut based insurance peddler  and will receive a 10 percent commission of all local contracts sold?…this along with a similar service contract implemented by Vectren for energy delivery insurance at roughly the same time is a trend across the country to use authority of government to intimidate people into buying insurance they have never heard of so the utilities can fatten up the bottom line for their own purposes?
IS IT TRUE in the case of the City of Evansville the utility plans to use that money to set up yet another redistribution scheme to help people deemed by them to be low income people pay past-due water bills?…of course those past due bills will go to the City for their troubles?…cities all across America including Louisville are cashing in on these type of questionable insurance offerings like this to buy votes and stick their nose where it isn’t wanted or needed?…some municipalities have turned away from such partnerships, and instead warn customers to do their research before purchasing such plans?
IS IT TRUE that HomeServe’s ad slick claims the average cost to replace the line is $2,587 but local plumbers say it is more often around $1,500?…HomeServe service agreement promises to pay for all repairs to that line, caused by normal wear and tear but excludes damages caused by negligence, or “unusual circumstances?”…we wonder if a pipe being bent by tree roots would constitute normal wear and tear because that is often the source of such problems?…while the City of Evansville Water and Sewer Utilities Department is calling this a win-win, we have to wonder who is the winner?…the only certain winners are the EWSU and the darn insurance company?
IS IT TRUE that the individuals who serve on the City Of Evansville Water and Utilities Board of Directors are all appointed by the Mayor?  …current members of this Board are: Barry Russell, Steve Heldorn, Michael Weber, Robert Dillow and Archie Carter?  …that the mission statement of the Evansville Water & Sewer Utility Board shall have the responsibility for the operation of the Water Utility and for the operation of the Sewer Utility of the City?  …It will strive to provide better service to the users, make for more efficient operation, and/or reduce expenses?
IS IT TRUE that a group of private citizens has formed a group to “Support Those Who Protect US”?  …that people from all walks of life shall be holding a “Public Safety Appreciation Ceremony” on August 23, 2017 on the steps of the Veteran’s Memorial Coliseum?  …stay turned for additional information concerning this long overdue public event thanking the “Public Service Employees” of Vanderburgh County for doing an outstanding job in protecting us?

Todays READERS POLL question is: Do you feel that Congressmen Larry Bucshon is insulting his constituents by holding his Town Hall meeting late Friday evening?

Please take time and read our newest feature articles entitled “LAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBS” and “LOCAL SPORTS” posted in our sections.  You now are able to subscribe to get the CCO daily.

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EDITOR’S FOOTNOTE:  Any comments posted in this column do not represent the views or opinions of our advertisers.

 

Southern Indiana Sheriff’s Recognized at ISA Summer Conference

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This past week, elected Sheriffs from all over Indiana met in the City of Muncie for the Indiana Sheriffs’ Association (ISA) Summer Conference.

Sheriff Dave Wedding of Vanderburgh County and Sheriff Greg Oeth of Posey County were both recognized by the ISA membership. Sheriff Wedding was elected vice-president of the ISA while Sheriff Oeth was awarded Sheriff of the Year.

Both Sheriff Wedding and Sheriff Oeth have worked hard to raise the profile of issues facing Indiana’s local jails. Both Sheriff Wedding and Oeth sit on a bi-partisan committee of sheriffs who are committed to addressing mental health treatment, opioid addiction, overcrowding and staffing issues in our jails. Together they have traveled to the Indiana statehouse and to Washington D.C. in an effort to secure the funding necessary to address these critical issues.

Thanks in part to the efforts of both Sheriff Wedding and Sheriff Oeth, progress is now being made at the state level to address the effects of House Bill 1006 (which shifted low level offenders from state institutions to our local jails).

Sheriff Dave Wedding explained, “Electronic home detention, treatment courts and other programs are effective… but some offenders simply need to be in jail. We must house violent offenders and repeat offenders who do not respond to probation.” Sheriff Wedding added, “Sheriff Oeth has been a true ally in our mission to seek additional state funding for the supervision and care of our local inmates.”

 

Nominees Selected For U.S. Attorney In Indiana

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Nominees Selected For U.S. Attorney In Indiana

Marilyn Odendahl for www.theindianalawyer.com

In its latest round of nominations for U.S. attorney candidates announced today, the White House has tapped the current interim U.S. Attorney for the Southern Indiana District and a litigator based in Chicago for the Northern District of Indiana.

Joshua Minkler, who has served as the interim U.S. Attorney in the Southern District since June 2015, has been nominated to fill the position. Prior to becoming the interim, he served for 21 years as an assistant U.S. attorney in the same office where he held the positions of first assistant U.S. attorney and chief of the Drug and Violent Crime Unit.

Thomas Kirsch II, partner at Winston & Strawn LLP, has been nominated to be U.S. Attorney for the Northern District of Indiana.  He clerked for Judge John Tinder when he was a judge on the U.S. District Court for the Southern District of Indiana, and he served as assistant U.S. attorney for the Northern District of Indiana as well as counsel to the assistant attorney general at the U.S. Department of Justice Office of Legal Policy.

Minkler received his bachelor’s degree from Wabash College and his J.D. from Indiana University Maurer School of Law. Kirsch received his bachelor’s degree from Indiana University and his J.D. from Harvard Law School.

This is the third round of nominations for the chief federal law enforcement officers in judicial districts around the country. A total of six candidates were presented in this wave for vacancies in Iowa, Missouri Illinois and North Carolina as well as Indiana.

Yesterday, the White House nominated 11 to fill vacancies on the district courts but none were named for the open seats in Indiana.

President Donald Trump announced his picks for federal judgeships in Alabama, Georgia, Tennessee, North Carolina and Oklahoma. The list includes individual candidate for vacancies in the Northern District of Georgia, the Middle District of Tennessee and the Eastern District of North Carolina, all designated as judicial emergencies by the U.S. Courts administration because of the caseloads.

Indiana has two openings in its district courts. The Southern District of Indiana has had a vacancy for 1,110 days since Judge Sarah Evans Barker took senior status in June 2014. That unfilled spot has been identified as a judicial emergency.

In the Northern District of Indiana, a seat has been vacant since Judge Robert Miller Jr. took senior status in January 2016. Another seat will be opening in September when Judge Joseph Van Bokkelen is scheduled to take senior status.

Earlier in the spring, Indiana Sen. Todd Young put out a call for applications for the judicial vacancies as well as the openings in the U.S. Attorney and U.S. Marshal offices in the state. The senator’s office said a number of well-qualified candidates have been interviewed and Young has had conversations about the vacancies with the White House.

Young had no timeline for when the judicial nominees would be announced but said he would like the vacancies filled quickly as possible to avoid a backlog in the courts.

Indiana Sen. Joe Donnelly, Democrat, has been kept informed about the process, Young’s office said, but the two are not working jointly to select potential nominees.

In May, the White House nominated Notre Dame Law School professor Amy Coney Barrett for the Indiana seat on the 7th Circuit Court of Appeals. She has not had a hearing before the U.S. Senate Committee on the Judiciary.

During his final year in office, President Barack Obama nominated Assistant U.S. Attorney in the Southern District of Indiana Winfield Ong and former Indiana Justice Myra Selby for the Southern Indiana District and 7th Circuit courts respectively.

Ong received a hearing and was unanimously approved by the judiciary committee on a voice but he never received a vote from the full Senate. Selby, whose nomination was blocked by then-Sen. Dan Coats, was not given a hearing by the committee.

Governor Eric J. Holcomb Continues Next Level Roads Plan Rollout

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Governor Eric J. Holcomb Continues Next Level Roads Plan Rollout

Indiana Department of Transportation Delivers 5-Year Statewide Road Construction Plan in Fort Wayne and Goshen

INDIANAPOLIS – Gov. Holcomb today joined INDOT Commissioner Joe McGuinness and state and local officials in Fort Wayne and Goshen to unveil the Next Level Roads Plan.

Fort Wayne

Gov. Holcomb and INDOT Commissioner Joe McGuinness joined state and local officials in Fort Wayne to announce the Next Level Roads Plan projects.

“What we’re doing today will have such a positive impact for generations to come.” –Gov. Holcomb

Gov. Holcomb explains some of the many benefits of the Next Level Roads Plan, including that it gives more resources to local leaders so they can appropriately address the needs of their communities.

Gov. Holcomb and INDOT Commissioner McGuinness celebrate the Next Level Roads Plan projects with INDOT workers in Fort Wayne.

Goshen

Gov. Holcomb, INDOT Commissioner McGuinness, INDOT workers and state and local officials gather in Goshen for the Next Level Roads Plan.

Gov. Holcomb meets INDOT workers in Goshen and reminds motorists to be safe and mindful while driving through construction zones.

Gov. Holcomb explains how Next Level Roads Plan will help maximize one of Indiana’s greatest assets: location, location, location.

Gov. Holcomb thanks INDOT workers in Goshen for their hard work in executing the projects in the Next Level Roads Plan.

EPD Releases Details On Yesterday’s Afternoon Arrest Involving A Recovered Firearm

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At approximately 2:25 pm on 7/16/2017 EPD Officers received a B.O.L. (Be on the lookout) for a vehicle that was seen by citizens to be hitting guardrails and having at least one tire down to the rim. Officers located the vehicle heading west on Diamond Ave and attempted to stop the vehicle to check the driver’s welfare. The driver, later identified as 54 year old MICHAEL JONES of Tennessee stopped for a short moment and appeared to be messing with something in his lap.

Michael Jones then fled the stop in his vehicle. Officers could visibly see Jones reaching in his lap area making movements. A VCSO deputy arrived to assist and deploy stop sticks and use his vehicle to shield himself so that he could safely do so. Michael Jones, who had a clear lane of travel, chose to drive his vehicle directly at the VCSO deputies’ vehicle causing a significant crash. The deputy was able to get out of the way of the collision but sustained minor injuries.

EPD Officers, with the assist ance of VCSO, were able to get Jones out of the vehicle and place him under arrest. A search of his vehicle after the arrest revealed that Jones had a firearm inside the vehicle within his reach. Jones had several out of state prior felony convictions and was charged with being a felon in possession of a firearm, felony resisting law enforcement, criminal recklessness while armed with a deadly weapon, carrying a handgun with a prior conviction, and operating a motor vehicle while intoxicated.

Divided COA: Pat-Down Search Did Not Violate Rights

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Divided COA: Pat-Down Search Did Not Violate Rights

Olivia Covington for www.theindianalawyer.com

A divided panel of the Indiana Court of Appeals has affirmed a man’s felony and misdemeanor drug and firearm charges after finding the officer who arrested the man did not violate his constitutional rights by stopping him or conducting a pat-down search.

In Louis Bell v. State of Indiana, 49A05-1606-CR-1390, Indianapolis Metropolitan Police Department Officer Justin Gough observed a man, later identified as Louis Bell, riding a bicycle at 1 a.m. and trailing another bike by holding its handlebars. Gough said Bell appeared to be scanning the area to see if someone was watching him.

State law requires bikes operated at night to have a red rear light and white front light, but Bell’s bike did not have the appropriate lighting. Thus, when Bell came near the parked police vehicle, Gough asked if he could talk to him, and Bell rode his bike over to the officer.

Though Bell claimed he was not in possession of anything illegal and a search of his name did not yield any warrants, Gough said Bell’s heart was beating extremely fast and he continued to scan the area as he talked to Gough.  Gough observed a bulge in Bell’s front pocket, and when Bell refused to answer questions about the bulge, the officer conducted a pat-down search and discovered it was a gun.

Bell admitted he did not have a permit to carry the gun, so Gough arrested him and conducted a search incident to arrest. That search led to the discovery of baggies containing substances that Gough believed were cocaine and heroin, a glass pipe and two burnt marijuana cigars.

Bell was charged with various felony and misdemeanor drug and firearm charges, but he filed a motion to suppress the fruits of Gough’s search, arguing the pat-down violated his constitutional rights because his encounter with Gough was non-consensual. The Marion Superior Court denied the motion, and Bell was found guilty as charged.

A majority of a panel of the Indiana Court of Appeals affirmed Bell’s convictions, with Judge Melissa May writing that because Bell was riding a bike in the middle of the night that did not have the required lights, Gough had reasonable suspicion to detain him for a traffic violation.

Further, May wrote for the majority joined by Judge James Kirsch that the pat-down search was permissible under the Fourth Amendment because Bell was behaving nervously and refused to answer questions about the bulge in his pocket, causing Gough to be concerned for his own and the public’s safety. Similarly, Bell’s Article 1 Section 11 rights were not violated because, under Litchfield v. State, 824 N.E.2d 356, 359, the degree of suspicion and law enforcement needs were high, while the intrusion into Bell’s privacy was low, the majority held.

However, dissenting Judge Margret Robb wrote she would hold the pat-down search did violate Bell’s Fourth Amendment rights.

Specifically, Robb wrote she did not believe Gough’s description of Bell’s behavior and his refusal to answer Gough’s question could support reasonable suspicion that he posed a danger. Further, Gough never actually described the bulge in Bell’s pocket, so he did not establish a reasonable belief that Bell was hiding a weapon, she said. Thus, after he learned Bell had no outstanding warrants, Gough should have written a traffic citation and let Bell go on his way, she said.

Learn More About PCBIDC, Foundation, Ivy Tech Partnership At July 27 Public Announcement

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On July 27, area business, industry and community members will have an opportunity to learn more about how Ivy Tech Community College, the Perry County Business & Industrial Development Corporation (PCBIDC), and the Perry County Community Foundation, are working to provide a skilled workforce for the region.

The “Trained & Ready” announcement will be at Ivy Tech’s Tell City site, at 10 a.m. (CST).

“A skilled workforce creates a firm foundation for business and industry, and the Trained & Ready Initiative is designed to assist with this specific educational process in Perry County and surrounding communities,” said Jonathan Weinzapfel, chancellor of Ivy Tech Community College Evansville. “By providing opportunities for individuals to gain skills in career fields represented in the region, the economy is strengthened, individuals will have secure, good-paying careers, and there will be less attrition in the workforce.”

This announcement will share information about the partnership of the three entities and the “Trained & Ready” initiative designed to prepare the area workforce for the careers needed in the Perry County region.

“This unique partnership addresses workforce issues head-on and has the potential to be a game-changer for our region,” said Lee Chestnut, president and CEO of the PCBIDC. “The campaign combines a vast number of area resources to achieve collaboration across several industry sectors. It’s a very exciting and important time for Perry County and our neighboring communities.

Ivy Tech Community College is the state’s largest public postsecondary institution and the nation’s largest singly accredited statewide community college system.  Ivy Tech has campuses throughout Indiana. It serves as the state’s engine of workforce development, offering affordable degree programs and training that are aligned with the needs of its community along with courses and programs that transfer to other colleges and universities in Indiana. It is accredited by the Higher Learning Commission and a member of the North Central Association.

 

This Week at USI

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This Week at USI

Below is a list of events and activities happening in and around the USI community in the coming weeks:

8 a.m. Tuesday, July 18

Two from National Center for Veteran Studies to speak at annual VA Mental Health Summit and Workshop

In an effort to improve care for veterans and their families, the local office of the Department of Veterans Affairs, in collaboration with the University of Southern Indiana, Southwest Indiana Area Health Education Center and several community partners, will offer the annual VA Mental Health Summit and Workshop on Tuesday, July 18, 2017. This free event for veterans and health professionals will begin at 8 a.m. CDT in the Carter Hall. Read More

Friday, July 21 – Sunday, July 23

Ruthless! parodies 1950s film for big laughs as New Harmony Theatre season continues

New Harmony Theatre continues its 30th season this summer with Ruthless! by Joel Paley and music by Marvin Laird. The play runs July 14-16 and July 21-23 at Murphy Auditorium in historic New Harmony, Indiana. This musical parody of 1950s movies offers outrageous humor in place of the suspense and melodrama we found in the films it recalls. Single tickets are $30 for an adult, $28 for seniors age 60+, $10 for ages 25 and under, and $24 for USI employees. Season package tickets are also available. Shows start at 7:30 p.m. on Friday nights, 2 and 7:30 p.m. on Saturdays, and a 2 p.m. matinee on Sundays. To purchase tickets, or for more information, visit USI.edu/nht or call the box office at 812-465-1668. Read More

Exhibit open through Friday, July 21

New Harmony Gallery hosts new exhibition Mercatus

The New Harmony Gallery of Contemporary Art is hosting the exhibition, Mercatus, Saturday, June 3 through Friday, July 21. The exhibition is free and open to the public. Read More

Exhibit open through Sunday, September 10

Art exhibition to feature collegiate art faculties from across the Tri-State

The University of Southern Indiana McCutchan Art Center/Pace Galleries will display 100 Miles: Art by Regional Collegiate Art Faculties through September 10, 2017. A closing reception for the participating artists and designers will be held at 2 p.m. Sunday, September 10. The reception is free and open to the public. Read More

11 a.m. Friday, July 28

USI Technology Commercialization Academy participants to pitch final concepts

The University of Southern Indiana’s Technology Commercialization Academy (TCA) teams will present their final product pitches at 11 a.m. Friday, July 28 in the Business and Engineering Center Atrium located on the USI campus. Their products are the result from a 12-week program that focuses on business plan creation, communication and problem solving. The pitches are open to the public as students will present to USI faculty and staff, local business leaders and regional entrepreneurs. Read More

Thursday, August 10 and Friday, August 11

10th annual MAIA aims to shatter aging stereotypes

Dr. Bill Thomas, touted as one of America’s “top 10 innovators” by the Wall Street Journal, will be the opening keynote speaker for the 10th annual Mid-America Institute on Aging and Wellness (MAIA), planned for August 10 and 11, 2017, at the University of Southern Indiana. This year’s MAIA, sponsored by USI and SWIRCA & More, also has a slate of new concurrent speakers and topics related to healthy aging, plus a few familiar faces that are returning by popular demand to celebrate our 10th annual conference. This conference appeals to health care and social service professionals, health care administrators, clinicians, older adults or retirees, family members providing care for a loved one, students and anyone who wants to learn tips for leading a healthier life. Read More

Thursday, August 17

Fall 2017 Welcome Week and start of 2017-18 academic year

Move in for new USI housing residents will open at 9 a.m. Thursday, August 17 with check-in at the Physical Activities Center. Returning residents can begin moving in at 9 a.m. Friday, August 18 with check in at the Housing and Residence Life Office. A full list of Welcome Week activities can be found at USI.edu/welcomeweek. The first day of classes for the fall 2017 semester is Monday, August 21.

Registration open now; March to be held Saturday, November 4

Registration now open for 16th annual Norwegian Foot March

The 16th annual Norwegian Foot March will take participants 18.6 miles through the rolling hills of Evansville’s west side. Carrying a 25-pound rucksack, participants will begin and end at the University of Southern Indiana, working to make it back to the finish line in under four and a half hours. It’s an experience unlike any other, happening Saturday, November 4, 2017. Registration is currently open for the 16th annual Norwegian Foot March. ROTC cadets, Soldiers and veterans, as well as civilians, may register individually or as part of a four-member team. Registration can be completed online or by calling USI Outreach and Engagement at 812-464-1989. Read More

 

Adopt A Pet

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Sissy is a female calico. She’s just over a year old. Sissy is nosey and wants to be in everyone’s business! She will be up for adoption at the new River Kitty Cat Café starting Friday, July 14th. Her adoption fee is $30 and she’s ready to go home spayed, microchipped, and vaccinated. Adoption process will be completed at VHS and can take 1-3 business days. Contact VHS at adoptions@vhslifesaver.org, or River Kitty Cat Café at (812) 550-1553!

 

VANDERBURGH COUNTY FELONY CHARGES

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Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.

Natasha Lynn Payne: Battery resulting in bodily injury to a public safety officer (Level 5 Felony), Possession of a controlled substance (Class A misdemeanor)

Decarlo M. Ragland: Operating a vehicle as an habitual traffic violator (Level 6 Felony)

Levin K. Haag: Criminal confinement (Level 6 Felony), Domestic battery (Level 6 Felony), Battery resulting in bodily injury (Class A misdemeanor)

Tommy Wayne Alstatt: Operating a motor vehicle after forfeiture of license for life (Level 5 Felony)

Matthew Kenneth Duane Parsons: Possession of a synthetic drug or synthetic drug lookalike substance (Level 6 Felony)