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“READERS FORUM” APRIL 12, 2017
WHAT IS ON YOUR MIND TODAY?
Todays “READERS POLL” question is: Do you feel that the Veterans Memorial Coliseum should be saved from the wreaking ball?
We urge you to take time and click the section we have reserved for the daily recaps of the activities of our local Law Enforcement professionals. This section is located on the upper right side of our publication.
If you would like to advertise or submit and article in the CCO please contact us City-County Observer@live.com.
CHANNEL 44 NEWS: Mayor Winnecke Talks About the Growth of Evansville
Mayor Winnecke Talks About the Growth of Evansville
From a laundry list of downtown developments to new transportation services to the ongoing fight against blight. In his sixth State of the City Address, Mayor Lloyd Winnecke touched on all that happened during his time in office. He said there is…
HATFIELD AUTOPSY REPORT BILL ON WAY TO GOVERNOR FOR FINAL APPROVAL
HATFIELD AUTOPSY REPORT BILL ON WAY TO GOVERNOR FOR FINAL APPROVAL
Legislation authored by State Rep. Ryan Hatfield (D-Evansville) that will help ensure hospitals across Indiana use best practices in handling autopsies is on its way to Gov. Eric Holcomb for final approval.
Indiana House members today concurred with technical corrections made to House Bill 1571 by the state Senate. If signed by the governor, the measure would take effect July 1.
“House Bill 1571 allows a county coroner, under certain circumstances, to make an autopsy report available to the peer review committee at the hospital where the decedent was treated immediately before death,†Hatfield said.
Peer review committees are set up at hospitals to evaluate the quality of care at the facility. The committees are usually made up of health care professionals and hospital personnel.
“Committees are designed to make sure that hospitals are using the best practices available in patient care, and I believe extension of this oversight to include autopsies is a reasonable step,†Hatfield said. “Providing autopsy reports will enable professionals to learn what has happened with each patient, and see if there is additional information that can provide insights on preventative care. It is all part of making sure that hospitals provide safe and productive health care environments.â€
House Bill 1571 was co-authored by State Rep. Ron Bacon (R-Chandler).
State Official: New Albany Violated Public Access Law
New Albany Violated Public Access Law
The Indiana Public Access Counselor determined the city of New Albany violated the Indiana Access to Public Records Act on at least three occasions in the past year by missing deadlines on records requests made by residents. Property owners along a road that is undergoing restoration said they weren’t able to get information in enough time to present educated counter-offers to buyers through the process of eminent domain. However, as noted by the News and Tribune, “Indiana’s public access law doesn’t offer much recourse for violations. Oftentimes an official violation declared by the public access counselor is enough to motivate governments to comply. But if that doesn’t happen, the next course of action is to sue.” Notably, HB 1523 would allow certain state or local government agencies to charge up to $20 per hour to fulfill requests for public records that take more than two hours to find. HB 1523 passed the Senate with amendments on April 6th and has been returned to the House.
Appeals Court Rules On Sewer Connection Requirements
Late last week the Indiana Court of Appeals issued a ruling interpreting an Indiana law which gives cities and towns the authority to compel residents to connect to the municipal sewer system. In Town of Clear Lake v. Hoagland, the court found Indiana Code section 36-9-23-30(a) permits a municipality operating a sewage system to require connection to the system and to order the discontinuance of the use of any private sewage system so long as an available sanitary sewer is within 300 feet of the property line of the affected property and the municipality gives the property owner ninety days’ notice. However, nothing in the statute or the ruling compels the municipality to require connection if it chooses not to exercise that power.
The court also addressed the power of municipalities to enforce “reasonable penalties†against a person failing to make a connection. Because that issue was not before the court, it could not rule on what penalty would qualify as “reasonable,†but it had “little difficulty” saying that a penalty of $2.9 million “is nowhere near it. Such a penalty is confiscatory, most likely unconstitutional, and will not be countenanced.”
2017 Jackson Kelly Municipal Law Seminar
On May 11th, from 3:00 p.m. to 5:00 p.m., Jackson Kelly will host a Municipal Law Seminar at Tropicana Evansville where you can learn about the latest municipal and government legislative and case law changes. The topics are designed to make the role of the local government attorney easier and should be useful to both attorneys and government officials. Topics this year include:
Consolidation of Local Income Taxes
Dealing with Blight and the Unsafe Building Law
Recent Planning and Zoning Issues
Free Speech Issues with Government Employment
Municipal Legislation Update
The seminar is approved for up to 1.7 hours of CLE. Afterward you are welcome to enjoy hors d’oeuvres and drinks where you can meet, network, and exchange ideas with your peers. Space is limited. Please confirm your attendance with Kimberly Van Camp at Kimberly.vancamp@jacksonkelly.com or by calling (859) 288-2809.
Political Group Takes ‘Robocall’ Law Challenge To Supreme Court
A political advocacy group that wants to strike down Indiana’s ban on robocalls has asked the Supreme Court of the United States to overturn the state law it calls the most restrictive in the nation. “Who is a court to tell us how we have First Amendment rights to communicate with people?†asked Paul Caprio, President of Patriotic Veterans Inc., which is challenging the state law banning political groups from using automatic dialing technology to call Hoosiers. The 7th Circuit Court of Appeals ruled against Patriotic Veterans and upheld I.C. §24-5-14-5 in January, holding that the state had a legitimate interest in blocking unwanted automatically dialed phone calls. The court wrote, “Preventing automated messages to persons who don’t want their peace and quiet disturbed is a valid time, place, and manner restriction.†Under Indiana’s statute, a caller using automatic-dialing technology must first gain the consent of the recipient of the call using a live person.
Footnote: This article was submitted to the City County Observer  by local attorney Joshua Claybourn. Joshua is Counsel in Jackson Kelly’s Evansville office. He advises clients in matters of business and corporate law, governmental services, and public finance. Learn more here.
Tyler Gray finishes second at TSU
After finishing the first day in a tie for the lead, University of Evansville golfer Tyler Gray came home in second place as the Purple Aces took 6th at the Tennessee State Big Blue Invitational at Hermitage Golf Club.
Gray totaled a 141 on Monday with scores of 71 and 70 before finishing the event with a 74 on Tuesday. His 215 was two off of the pace of 213, set by UT Martin’s Hunter Richardson. Richardson carded a 69 in the final round.
Joining Gray in the top ten was Wil Pahud. A 78 in the last trip around gave Pahud a 223 for the tournament, tying for 10th place. Matthew Ladd was third on the team. He had his best round of the event, notching a 76 to tie for 53rd with a 236.
Jon Pick also registered a 236. His final round tally checked in with a 77, also his lowest score of the weekend. Finishing five behind Pick and Ladd was Zac Turi with a 241.
One of UE’s top round of the day came from Noah Reese. He was the top individual finisher with a 225. Reese shot an even 72 in the last round of play. Robert Waggoner also played as an individual, totaling a 3-round final of 257.
UT Martin took top team honors as their 880 bested the competition by seven strokes. Detroit came home in second place. The Aces wrapped up the tournament in 6th place, four out of the top five.
Evansville is off this weekend before heading to the MVC Championship on April 24-25 at Cog Hill Golf Club in Lemont, Ill.
McNamara leads USI to 5th-straight win
 University of Southern Indiana junior leftfielder Drake McNamara (Mt. Vernon, Indiana) drove in three runs and hit a home run in leading the Screaming Eagles to a 5-3 victory over the University of Missouri-St. Louis Tuesday afternoon in St. Louis, Missouri. USI watched its record go to 17-14 overall this spring, while UMSL goes to 10-19.
McNamara ended the game with a three-for-four performance, including a two-run double in the first inning and a solo home run fifth. The junior outfielder leads the Eagles in 2017 with a team-high 24 RBIs and five home runs.
In addition to the offense by provided to McNamara, sophomore catcher Logan Brown (Mt. Vernon, Indiana) ended the scoring in the first inning with an RBI-single, while senior rightfielder Cody Montgomery (Shepherdsville, Kentucky) sealed the USI victory with an RBI single in the sixth.
On the mound, freshman right-hander Tyler Hagedorn (Evansville, Indiana) picked up his first collegiate win. Hagedorn went two innings in relief of sophomore starting left-hander Chase Partain (Evansville, Indiana), allowing only one hit.
Partain went the first four-plus innings, giving up three runs, one earned, on five hits and two walks. The sophomore southpaw held the Tritons scoreless through the first four innings before getting into trouble in the fifth.
Junior right-hander Nick Gobert (Jasper, Indiana) relieved Hagedorn in the seventh, pitching two scoreless innings, before giving way to senior right-hander Justin Watts (Bryan, Ohio) to close out the game. Watts posted his team-best fifth save of the season with a scoreless ninth inning.
The Eagles return home this weekend and are hosting McKendree University for a four-game set at the USI Baseball Field. First pitch for Friday’s doubleheader is 2 p.m., while Saturday’s twin bill is set for noon.
USI leads the all-time series with McKendree, 20-12, after taking three of four from the Bearcats on the road last year. The Eagles also have won seven of the last eight meetings over the last two years.
Adopt A Pet
Caramel is a 1-year-old female American Fuzzy Lop rabbit. She was surrendered to Posey Humane Society back in August, then transferred to VHS in January… and STILL doesn’t have a home. Remember, don’t EVER EVER buy bunnies from pet stores for Easter. Save a life and commit to an adoptable bunny for the next 10+ years! Caramel’s adoption fee is $30. She’s already spayed. Contact the Vanderburgh Humane Society at (812) 426-2563 for adoption details!
Vectren Reminds Hoosiers To Consider Location Of Utility Lines When Digging, Planting Trees
Vectren Reminds Hoosiers To Consider Location Of Utility Lines When Digging, Planting Trees
 Evansville, Ind.  – With the arrival of spring and April being National Safe Digging month, Vectren is reminding Hoosiers who are planning to dig in the yard, conduct construction or engage in any other earth-moving activity, to please call Indiana 811 at least two full working days in advance. By calling 811, residents can have underground utility lines in the work area located and identified at no cost.
“Home improvement projects such as landscaping or installing a fence often bring an increase in accidental and potentially dangerous encounters with underground facilities,†said Brad Ellsworth, president of Vectren Energy Delivery of Indiana – South. “We urge everyone planning these excavation activities to call 811 at least two full working days before beginning a project. It’s a simple call that can help avoid serious accidents and a significant financial burden associated with repairing the damaged lines.â€
Locating underground facilities prior to excavation is mandated under Indiana law. If a resident fails to notify Indiana 811, proceeds with an unmarked dig and strikes an underground facility, he or she will be responsible for the damages and costs to repair in addition to fines up to $10,000.
Likewise, customers who are planting new trees or shrubs this spring should give careful consideration to the tree’s growth characteristics to avoid future problems with nearby power lines and underground facilities. For more information about natural gas safety or planting the right tree in the right place, click on the Public Safety tab at www.vectren.com.
Gas emergency response
In the event a gas line has been struck or ruptured outside of a home or business, residents are reminded of the following:
·        Leave the area of the gas leak immediately, as well as areas where the odor of gas is noticeable.
·        Do not attempt to re-start or move powered equipment.
·        Call Vectren at 1-800-227-1376 from somewhere other than the location of the gas leak. The party responsible for the damage to the gas line should also call 911 and report the incident to police and/or fire officials and the state’s 811 center.
·        Remain in a safe area until emergency personnel arrive and do not enter the home/business or neighboring premises.
Natural gas contains an odorant called mercaptan that smells like rotten eggs or sulfur. In the event a gas leak is suspected inside of a home or business, residents are reminded of the following:
·        Leave the home or business of the gas leak immediately, as well as areas where the odor of gas is noticeable.
·        Do not use the phone, cell phone, or text anyone while in the building or who may be in the building. If you notice the leak while talking on the phone, do not hang up.
·        Do not turn any lights, appliances or any electrical sources on or off.
·        Do not light matches.
·        Do not open or close windows.
·        Do not start a vehicle if it’s parked in a garage that’s attached to the home/business of the suspected leak nor utilize an automatic garage door opener upon exiting.
·        The activities listed above could trigger an ignition if gas has significantly accumulated.
·        Call Vectren at 1-800-227-1376 from somewhere other than the location of the gas leak.
·        Remain in a safe area until emergency personnel arrive and do not re-enter the premises.
Please note: There is no charge to the customer for calling Vectren to inspect a potential gas leak. Vectren will respond 24 hours a day, 365 days a year.
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.