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Governor Holcomb Statement on Stan Jones

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Indiana Governor Eric J. Holcomb offered the following statement on the passing of former State Representative and Commissioner for Higher for Education Stan Jones:

 

Stan Jones was a leader in every sense, continuously striving to enhance the lives of Hoosiers and bettering the institutions that serve them.  He transformed the state of Higher Education in Indiana and helped countless students here and across the nation complete their dream of going to college. He will be sorely missed.

IS IT TRUE FEBRURY 7, 2017

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IS IT TRUE the City’s acquisition of the dilapidated and vacant CVS property located at the corner of Columbia and North Main street was purchased by the City DMD Department over 2 years ago for $525,000? …that the Director of the Evansville DMD Kelly Coures told City Council that this property would be able to rent for $18,000 per year? …if this property was rented for $18,000 a year the real value would be $180,000 not $525.000? …the value of this building should be lower because of the bad condition and the location of the building?

IS IT TRUE dilapidated and vacant CVS property located at the corner of Columbia and North Main street allegedly had many individuals that were going to lease their property from the City of Evansville DMD Department but all failed through? …the Director of the Evansville DMD now claims that Deaconess Hospital is interested in acquiring this property for a testing lab? …we hope that this property won’t be taking from the tax roll because of Deaconess Hospital not-for-profit status? …we hope that they pay at least $525,000 to acquire this property?

IS IT TRUE just right across the street from the vacant CVS Building 6 houses are now vacant and surrounded by a security fence for possible demolition to make way for another City of Evansville DMD or Evansville Land Bank project? …the properties addresses begin at 16 to 32 West Columbia Street just right off North Main Street? …we wonder who owned these properties and who bought them to demolish for how much per home? …we also wonder if people renting the above houses were abruptly forced to move elsewhere?

IS IT TRUE the Regents of the University of California need to take notice though, since when the faculty and student at the University of Missouri threw a free speech oppression tantrum a few years ago, the financial penalties came fast and hard?…the incoming freshman class at Missouri was so much smaller that two dorms had to be closed and the alumni giving declined by $30 Million?…President Trump’s threat to withhold federal dollars from UC Berkeley is much less of a threat to their coffers than the massive alumni base cutting off donations and sending their offspring elsewhere for an education?…several UC Berkeley alums including the creator of Dilbert have already stated their intention to cease their generosity?…this should be a theme going forward for universities who allow oppression of freedom of speech by cowering to the mob in the street?…if the faculties and administrations will no,correct this cowardly refusal to provide a place where freedom of speech is practiced, it is time for their generous alumni to take the bull by the horns and starve them into returning to places of knowledge, tolerance, and freedom?

FOOTNOTE:  Do you feel that the Evansville City Council should give a developer of an existing Eastside Shopping Mall a $80,000 tax credit phase-in so he can renovate it?

 

LETTER TO THE EDITOR: SLOW DEATH OF MALLS AND BIG BOX RETAILERS

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SLOW DEATH OF MALLS AND BIG BOX RETAILERS 

by Joe Wallace, CEO & Chief Innovation Officer
Coachella Valley Economic Partnership

Malls and big box stores have a serious problem. The comfort and price advantage of online shopping has taken market share from both big boxes and malls that are not dealing in unique products.  Some shopping is done out of need and other shopping is more about the experience of being catered to and finding unique items.

The big box stores that offer basic necessities or home improvement items for the most part have little differentiation at the product level.  They seldom offer a unique shopping experience or offer products that can’t be purchased online or elsewhere.  Often these days their online division competes directly with their big box stores.



Consumers who are internet savvy or who are pressed for time are migrating to online shopping for basics.  Just this week at the CVEP offices we received a shipment of everyday items such as toiletries, paper towels, and other non-perishable items.  The delivery took less than 24 hours and costed less than it was priced at the big box store 2 miles from our office.  It saved CVEP at least an hour of a productive employee’s time and we saved money by shopping online.  Households are no different, so I would submit to you that the long term trend will be toward an ever increasing percentage of purchases of non-perishable goods toward online shopping.  This is as natural in the progression of business models as the displacement of small mom and pop shops with big boxes was 30 years ago.

This migration to online shopping has more to do with innovations that provide better pricing and convenience than it does with the general state of the economy.

It is commonly asserted that there was overbuilding of big box stores in the years leading up to the Great Recession.  That is unlikely.  Large retail outlets use demographic analysis based on current conditions and future projections to select new locations.  The conditions in 2007 obviously fit the criteria for such decisions at that time.  What happened is that the business conditions changed making their decision process obsolete.  Their crystal ball was clouded by an economy that destabilized in the wake of the housing crisis.

During the Great Recession, households adapted to job losses and stagnant wages by spending less money.  As the economy improved, wages never recovered and online options became more attractive.  This was and continues to be a perfect storm to squeeze the top line and bottom line of big box retailers.  It is not widely known than the profit margins at big box retailers are only in the 3% range.  The fixed costs of operating do not decrease when the spending decreases making once successful stores cross the line into losing operations with small reductions in revenue.



Empty storefronts in areas that were formerly thriving is an even bigger problem.  The difficulties associated with starting a store are and have always been entrepreneur confidence and access to capital.  Before the Great Recession startup funding often came from the equity in entrepreneurs residences.  In my neighborhood, today’s prices are still 15% – 20% below the levels of 2008.  What this means to the capital formation process is that home equity loans as a source of startup funds are much more problematic than they were 10 years ago.

As any banker will tell you, without equity one is not eligible for an equity based loan, no matter how confident an entrepreneur may be.

As for downtowns, there needs to be a critical mass on which to build from.  In 2009 I attended a seminar on some steps that are necessary to revitalize struggling downtowns, art’s districts, and etcetera. The formula was very simple.  The minimum needs are ten different types of restaurants, ten retail stores that offer unique items with broad appeal and ten establishments that are open after dark.  Some cities have crossed this hurdle while others have not.  It is not as easy as it sounds to inspire and enable 30 entrepreneurs to fly in formation.

On the brighter side, CVEP held a reception this Thursday night for the members of the Palm Springs iHub and their enthusiasm has never been higher.  Three of our companies already have more bookings than they delivered in all of 2016 while another two have combined to raise over a million dollars in equity investment just in the past month.  Another one of our companies that is in the industrial solar space has large installations scheduled worldwide for 2017 and has been in hiring mode.  Of course these are not big box retailers, but they are customers so more profits for them will mean more revenue at the retail level.  Most of them do their shopping online.

If big boxes continue down the path toward obsolescence, these buildings with either have to be turned into small unique retail spaces, industrialized, or maybe even demolished to make the land available for more productive assets.  The best local adaptive reuse project in the works is to turn the former Palm Springs Mall on Tahquitz Canyon Way into the West Valley Campus of the College of the Desert.  That is making lemonade from lemons.  Similarly the Palm Springs Accelerator Campus utilized local funding to adapt a collection of seven vacated buildings into what is recognized as one of the most impactful manufacturing business incubators in California.

Innovation coupled with ambition and capital has always been the basis for prosperous adaptation.  The cities and towns of America that are successful in sowing the seeds of innovation will reap the harvests of the future.  Big box retailers will not be a long term problem for innovators.  That is why the big box retailers are all following their customers into the convenient world of online shopping as we speak.

FOOTNOTE: Written by 


Joe Wallace, CEO & Chief Innovation Officer
Coachella Valley Economic Partnership

Vanderburgh County Democratic Party Calendar of Events 2/6/2017

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Tuesday,
February 7th
Forum 6:00 PM – 8:00 PM Chair Chat Forum with State Chairman John Zody

  • Location: Central Labor Council – 310 SE 8th. Street – Evansville, IN
  • Come to talk about the future of the Indiana Democratic Party! Thankful to our friends in organized labor for opening up their place for this forum. Indiana Democrats and their ideas are welcome!
Saturday,
February 18th
Community Event 11:30 AM – 1:30 PM Hasenpfeffer

  • Location: Germania Maennechor – 916 N Fulton – Evansville, IN
  • Cost: $20 per person
Wednesday, February 22nd Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court Street – Evansville, IN
Tuesday,
February 28th
Fundraiser 5:00 PM – 7:00 PM Jonathan Weaver’s Annual Mardi-Gras Event

  • Location: KC’s Timeout Lounge – 1121 Washington Square – Evansville, IN
  • Cost: $35 per person.  $250 – Bead Sponsor.  $500 – Hurricane Sponsor
Wednesday,
March 1st
Fundraiser 5:00 PM – 7:00 PM 4th Annual Kathryn Martin for Knight Township Trustee Chili Dinner Fundraiser

  • Location: Marigold Bar – 2112 S Weinbach Ave – Evansville, IN
  • Cost: $10 per person
  • Sponsorships Available
Saturday,
March 4th
Caucus TBD Vanderburgh County Democratic Party Central Committee Caucus

  • Location: TBD
Thursday,
March 9th
Fundraiser TBD Laura Brown Windhorst for City Clerk Fundraiser

  • Location: TBD
Wednesday, March 29th Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court Street – Evansville, IN
Wednesday,
April 26th
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court Street – Evansville, IN
Wednesday, May 31st Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court Street – Evansville, IN
Wednesday,
June 28th
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court Street – Evansville, IN
Wednesday,
July 26th
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court Street – Evansville, IN
Wednesday,
August 30th
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court Street – Evansville, IN
Wednesday,
September 27th
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court Street – Evansville, IN
Wednesday,
October 25th
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court Street – Evansville, IN
Wednesday,
November 29th
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court Street – Evansville, IN
Wednesday,
December 27th
Meeting 6:00 PM Vanderburgh County Democrat Club Meeting

  • Location: FOP – 801 Court Street – Evansville, IN

Tax Court Judge Rejects Request To Compel Further Discovery

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Tax Court Judge Rejects Request To Compel Further Discovery

Olivia Covington for www.theindianalawyer.com

After previously allowing the deposition of the former commissioner of the Indiana Department of State Revenue, the Indiana Tax Court rejected the University of Phoenix’s requests to compel further discovery, writing that the additional discovery likely would not reveal admissible evidence.

In The University of Phoenix, Inc. v. Indiana Department of State Revenue, 49T10-1411-TA-65, the University of Phoenix filed a tax appeal in November 2014 challenging the Indiana Department of Revenue’s decision to source some of its online tuition revenue using a market-based or customer-based method, rather than an income-producing activity method, for the 2009, 2010 and 2011 tax years.

During discovery, the university served the state department with requests for all documents related to a proposed amendment to Indiana Code 6-3-2-2(f) as contained in the original version of the 2015 House Bill 1349. The department objected to that and other similar requests by the university and admitted at a hearing that it had withheld a document related to HB 1349 because it was not specific to the University of Phoenix.

Then in July 2016, the university sought all documents and communications related to the Tax Competitiveness and Simplification Report of September 2014 and a presentation on the report.  The department also rejected those requests, but did provide some documents in response.

Finally, in October 2016, the university deposed the department’s three 30(B)(6) witnesses, but after two of the witnesses explained that they were only generally aware of the bill, report and presentation, the university questioned the integrity of the discovery process.

The school then filed a motion to compel discovery requests, claiming that the department’s responses to its previous requests impaired its ability to prepare for a court-ordered trial date in March 2017. The department, however, argued that the university’s discovery requests “are not reasonably calculated to lead to the discovery of any evidence admissible at trial.”

Indiana Tax Court Judge Martha Blood Wentworth granted the university’s motion to depose the former department commissioner, Michael Alley, last November.  However, Wentworth noted in a Monday opinion that although she previously held that deposing the former department commission regarding the bill, the report and the presentation were relevant to the case’s discovery, “that relevancy determination was made for the sole purpose of deciding whether to allow the former Commissioner to be deposed.”

Further, Wentworth wrote that after deposing the former commissioner and the department’s witnesses, “the University has uncovered no smoking gun.” Thus, the additional discovery requests for events after the 2009, 2010 and 2011 tax years likely won’t reveal admissible evidence, so “the University’s failure to reveal how information about HB 1349, the Report, and the Presentation could lead to the discovery of evidence admissible at trial brings discovery on those matters to an end,” she said.

However, Wentworth also noted that “zealously defending one’s client in our adversarial system does not include a rope-a-dope attitude toward discovery nor should it come at the expense of true cooperation.” Thus, she ordered the department to provide the previously-withheld documentation regarding HB 1349 to the university within seven days.

Attorney General Curtis Hill Pens Op-Ed Supporting U.S. Supreme Court Nominee

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Indiana Attorney General Curtis Hill has penned an op-ed expressing his enthusiastic support for Judge Neil Gorsuch, who was nominated this month to the U.S. Supreme Court.

The piece was published today by The Hill, a Washington D.C.-based news outlet covering government and politics.

“As Indiana Attorney General, I work daily to ensure our state hits the proper marks established by federal law,”  Hill writes. “The U.S. Constitution stands as a stable and steadfast charter of our liberties, but activist federal judges too often contort its clear precepts based on their own ideological and philosophical whims. . . . In my own role, I welcome collaboration with partners at the federal level — be they in the executive, legislative or judicial branches – who recognize the proper roles of the states and the federal government.”

YESTERYEAR: Peerless Laundry by Pat Sides

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YESTERYEAR: Peerless Laundry by Pat Sides

The photograph was taken shortly after Peerless Laundry’s expanding business relocated from Main Street to a new facility at Eighth and Oak streets in 1914. The tedious chore of cleaning in washtubs at home was giving way to the modern, large-scale technology provided by such professional laundries as Peerless. In 1919, a newspaper reported that more than a hundred “girls” were employed at the laundry; some of them are pictured here on the second floor, which contained the drying, ironing, and finishing rooms. The building, later occupied by the Swanson-Nunn Electric Company, was recently razed.

INDIANA HOUSE DEMOCRATS UNVEIL ROAD FUNDING PLAN PROVIDING $800-900 MILLION IN NEW FUNDING EACH YEAR, BUT NO NEW TAXES OR TOLLS

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Indiana House Democrats today unveiled a comprehensive road plan that would provide from $800-$900 million each year in new funding for state and local infrastructure each year without raising taxes or creating new tolls.

 

“Today, the people of Indiana find they have a choice in determining how we solve the crisis that is facing our state’s infrastructure,” said House Democratic Leader Scott Pelath from Michigan City. “House Republicans have advanced a proposal that increases the taxes you pay at the pump and at your local license branch, and raises the specter of new toll roads across our state. House Democrats believe we can do more — without raising new taxes or providing new tolls on roads — by ensuring that government lives within its means, and making sure that one class of taxpayers is not unfairly burdened with paying the freight for road repairs.”

 

The Democratic proposal contains five components:

 

n  Dedicating each year’s state agency budget reversions toward state and local road funding. Based on past precedent, this would generate around $300 million per year.  (Reversions over the past 10 years have averaged $496 million.)

n  Ensuring that all state sales taxes paid at the pump go toward state and local road funding. This would provide at least $305 million in FY 2018, $299 million in FY 2019, $331 million in FY 2020, and $361 million in FY 2021.

n  Ensuring that all revenue from the special fuels sales tax go to state and local roads. This would provide an additional $25 million in FY 2018, $27 million in FY 2019, $30 million in FY 2020, and $31 million in FY 2021.

n  Allowing the Next Generation Trust Fund to be used for local road loans, a move that would provide around $125 million each year in low interest loans to local communities.

n  Freezing the tax rates charged to corporations and financial institutions, and using the state funds that were to be used to finance future cuts toward state and local roads. This would provide an additional $27 million in FY 2018, $49 million in FY 2019, $77 million in FY 2020, and $105 million in FY 2021.

 

“Rather than shift the burden for infrastructure funding to the backs of people just trying to make ends meet, the Democratic plan uses existing resources,” said State Rep. Dan Forestal (D-Indianapolis), ranking Democrat on the House Roads and Transportation Committee. “I would invite everyone to compare our plan to that offered by the Republicans, which gives a huge tax cut to the connected 1 percent, and the largest tax hike in history to the rest of us. Our proposal also focuses on local roads, which make up 90 percent of such surfaces in our state. Our plan was crafted with hard-working Hoosiers in mind. Our Republican friends would be smart to listen to the voices of their constituents when they say they have been taxed enough.”

 

State Rep. Gregory W. Porter (D-Indianapolis), ranking Democrat on the House Ways and Means Committee, added, “I would note that this proposal injects some honesty into the state budget process by making sure that the Next Generation Trust Fund is used for the purpose for which it was originally intended and applying reversion dollars to the tangible good of infrastructure improvements that can be enjoyed by all, instead of placing those dollars back into a state treasury for the sole purpose of continuing to inflate a surplus that already has been swollen to a bloated size. The House Republican proposal does little more than ask the people of Indiana to fork over their hard-earned dollars and trust those in charge to do the right thing, even when it comes to turning some of our roadways into toll roads.”

 

The legislators noted that the bill also includes a provision that would prohibit “pay to play” campaign contributions from a public works contractor and other interested parties during the length of any roads contract and three years after its completion. The proposal is virtually the only campaign finance reform initiative that has been discussed this session.

 

Other provisions of the proposal call for placing a priority on hiring Hoosier workers for projects built with these road funds, prioritizing maintenance on existing roads first, the use of prevailing wage rates on the projects, and a renewed emphasis on projects being done by businesses owned by women, minorities, and veterans.

 

House Democrats expect to offer their proposal as an amendment to the House Republican roads plan contained in House Bill 1002 when it goes before the Ways and Means Committee later this week. They also said the plan would be offered when the measure reaches the full House for consideration later this session.