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WHAT IS ON YOUR MIND TODAY?
Todays “READERS POLL” question is: Do you think that the Presidential Inauguration will be peaceful?
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.
City County Observer has been serving our community for 17 years.
INDIANAPOLIS – Indiana Governor Eric Holcomb on Tuesday delivered his 2017 State of the State address to a joint convention of the Indiana General Assembly. His remarks elaborated on the five pillars of his legislative agenda while introducing new key issues.
Full text of Governor Eric J. Holcomb’s 2017 State of the State address is attached.
“Together, we have the special charge of leading Indiana into our third century,†Governor Holcomb said. “That means we need to think not just about today but about the years to come—and we need to act with boldness and courage to solve our current issues and prepare Indiana for the ever-changing future.â€
Governor Holcomb outlined his Next Level Legislative Agenda for the 2017 session on Jan. 5, just days before his inauguration. The agenda presents five pillars designed to address the key challenges facing our state today while positioning Indiana for long-term success and economic growth:
Cultivate a strong and diverse economy to ensure Indiana is a magnet for jobs.
Regarding how to fund a long-term plan for infrastructure, the Governor reiterated his support for a range of options—including fuel tax increases, new tolling options, fees for alternative-fuel vehicles and creative public-private partnerships.
“The fact is, existing sources of revenue are just not keeping up,†Governor Holcomb said. “I’m a believer that every time you ask a taxpayer for a dollar, you better be darn sure you need it and are going to use it effectively for its intended purpose. And, here’s a case that if we ask Hoosiers to invest a little more to meet the need, the return is going to be well worth it—for them, for our communities, and for our economy.â€
The Governor also focused on attacking Indiana’s drug epidemic. Since 2000, the number of Hoosier deaths caused by drug overdoses has increased by 500 percent, and Indiana ranks 15th nationally in overdose fatalities. In his address, Governor Holcomb called out the “heroes on the front lines†in Indiana communities working to curb the drug crisis and save lives every day. On day one in office, Governor Holcomb created a new position charged with the responsibility to coordinate and oversee the state’s efforts to curb the drug epidemic: an executive director for drug prevention, treatment and enforcement.
Beyond his five legislative priorities, the Governor maintained his support for a fourth water port in Southern Indiana to accelerate economic development as well as for amending the Indiana Constitution to ensure the state passes balanced biennial budgets for generations to come. He said his administration would focus on a long-term plan for bringing clean coal technology and innovation to the state.
Governor Holcomb ended his first State of the State address with a commitment to working with people from all walks of life.
“I will continue to reach out to everyone with ideas that can lift all Hoosiers, including those who may not always agree on everything but are willing to find opportunities to solve problems and move our state forward,†Governor Holcomb said.
Each year, Indiana’s Governor addresses both houses of the state legislature, the state’s Supreme Court Justices, and other state leaders at the beginning of the legislative session in the State of the State Address. It provides an opportunity for the Governor to report on the status quo of the state’s affairs, highlight key accomplishments of the past year, and outline key priorities for the year ahead.
Legislature Full Of bills Impacting Local Government
submitted by Joshua A. Claybourn is Counsel in the Law Firm’s Of Jackson Kelly PLLC .Evansville, Indiana
With hundreds of bills before the Indiana legislature this session, many have the potential to substantially impact Hoosier municipalities and local governments. Accelerating Indiana Municipalities (AIM), formerly Indiana Association of Cities and Towns, has a helpful bill tracking list and legislative summary with bills affecting local government. Of particular note are three bills described in more detail below: road funding (HB 1002), personal property tax (HB 1311), and short term rentals (HB 1133).
Road funding
Both the House, Senate, and Governor all seem to agree on the need for more infrastructure and road funding this session with the only disagreement over how best to pay for it. HB 1002, which has received the most attention, provides for a gas tax increase and more fees on vehicle registrations.
Bill Would Reduce Property Tax Base
The personal property tax bill, HB 1311, reduces the property tax base in all communities by lowering the minimum floor on the value of depreciable personal property from 30% to 20% over a 10 year period. In addition, the bill eliminates the addbacks of a taxpayer’s federal income tax deduction for income attributable to domestic production activities in the definitions of “adjusted gross income†under the adjusted gross income tax law and the financial institutions tax law. HB 1311 would undoubtedly cause property tax rates to rise and force local governments to hit tax caps sooner. Because of the negative impact on local government revenue, AIM opposes the bill, but the Indiana Manufacturers’ Association and the Indiana Chamber of Commerce are supporting it.
Battle Over Airbnb listings
The city of Carmel has issued a warning to residents who list their homes or apartments on Airbnb that doing so is a violation of the city’s zoning ordinances. Building commissioner Jim Blanchard notified homeowners they must remove their home from Airbnb or similar websites within 10 days or face further action from the city’s code enforcement inspector until they have been granted a zoning change or legal variance from the city. “Your home is an area that is classified as a Residential Single Family zone, which means you are welcome to use your home as a residence,” the letter states. “But you are not able to suddenly turn it into a restaurant, a dry-cleaning business, factory or — as is apparently the case now — a hotel or bed-and-breakfast.”
In response to these type of attacks on networks like Airbnb, Rep. Lehman (R-Berne) introduced HB 1133 to prohibit local units from banning short term rentals and limit how locals may regulate them. As outlined in the bill, a “short term rental†is property offered to the public for rental for less than 30 consecutive days. The bill prohibits locals from regulating how these businesses operate in their communities, except in statutorily-defined instances – for example, fire and building safety, sanitation, transportation, traffic control and pollution control.
This legislation follows a trend nationwide and in Indiana to prevent local government from regulating certain activity. In March 2016 the Indy Star did a story on the subject, “State to locals: ‘You can’t do that. Or that. The illusion of home rule,” which notes existing bans on local regulation of ride sharing services like Uber and Lyft as well as bans on regulating plastic bags. Although AIM has not taken a position on this particular bill, AIM notes fundamental opposition to pre-emption legislation.
FOOTNOTES NOTES: Joshua A. Claybourn is Counsel in the Firm’s Evansville, Indiana, office. As a member of the Commercial Law and Health Care and Finance Practice Groups, Mr. Claybourn advises clients in matters of business and corporate law, governmental services and public finance. He has extensive experience providing solutions‑oriented advice on a wide range of legal issues, including complex commercial transactions, regulatory compliance and economic development.
Mr. Claybourn regularly provides counsel for governmental units on general municipal law issues and has represented governmental entities in negotiations of economic incentives, including tax abatements and tax increment financing. He also works with municipal units of government to secure public and private financing and serves as bond counsel for their financings, including general obligation, utility revenue and special taxing district issues.
Prior to joining Jackson Kelly, Mr. Claybourn worked in‑house with a large publicly‑traded energy holding company. As a result, Mr. Claybourn has extensive experience with municipal and utility matters before the Indiana Utility Regulatory Commission in numerous complaint cases, rulemakings and other proceedings. This experience provides him with the knowledge and skills to approach clients’ problems from both a legal and business perspective.
A native of Evansville, Mr. Claybourn is a graduate of the Indiana University Kelley School of Business and the Indiana University McKinney School of Law. He was recognized by Indiana Lawyer in its first statewide award as an “Up and Coming†lawyer. He is actively involved in the community and helps lead and support several civic and non‑profit
Attorney General Hill: Regulations In Place Are On Unjust Overreach By Federal Government
INDIANAPOLIS, Ind. – Indiana Attorney General Curtis Hill today announced Indiana’s participation with 11 other states in a lawsuit against the U.S. Office of Surface Mining. The lawsuit alleges that regulations set in place by that office’s new Stream Protection Rule violate the Surface Mining Control and Reclamation Act, and thereby represent serious policy overreach by the federal government.
“This egregious overreaching effort by the Office of Surface Mining is a textbook-example of federal government overstepping its boundaries,†Hill said. “The enforcement of the Stream Protection Rule eliminates each state’s discretion. It is unlawful, and I will continue to fight the federal government’s attempts to impose arbitrary rules.â€
Under the Office of Surface Mining’s Stream Protection Rule, all states are required to regulate coal mining by adopting and implementing a one-size-fits all set of regulations that govern stream buffer zones, fish and wildlife protections, and water quality standards. According to the multi-state lawsuit, the mandatory regulations are a violation of the Surface Mining Control and Reclamation Act, and the expansion of federal authority over each state exceeds the authority of congress.
Because land use regulation is a power constitutionally reserved to the States, if the new rule is permitted to stand, it will extend federal law beyond the limits of the Commerce Clause and effect a violation of the Tenth Amendment by commandeering state government to carry our federal policy. According to the complaint, “[t]he Rule unconstitutionally offers the States a choice between allowing the Office of Surface Mining to restructure their surface coal mining economy and implementing federal policy. The Office has unlawfully leveraged the States’ existing entitlement—their constitutionally reserved and statutorily protected authority over land use management and mining regulation—to coerce the States into implementing a federal program.â€
Indiana – along with Ohio, West Virginia, Alabama, Alaska, Arkansas, Colorado, Kentucky, Missouri, Montana, Texas and Wyoming – was not given an opportunity to assist the Office of Surface Mining in its drafting of the Stream Protection Rule, a requirement under the National Environmental Policy Act. In bypassing consultation, the Office of Surface Mining essentially stripped each state of the opportunity to carry out their respective responsibilities to regulate coal mining in accordance with local needs and circumstances.
Hill added that enacting the Stream Protection Rule without engaging each state during the drafting process only leaves unrealistic standards.
The Stream Protection Rule places a heavy burden on each state, as well as the coal industry. The lawsuit alleges that the Stream Protection Rule effectively makes mining coal, one of our nation’s base fuel supplies, impossible in many areas of the United States, and at the very least imposes standards that are more detrimental in some areas that others, owing to geographic and climatic variations among regions of the country.
The lawsuit asks the court to declare that the Rule is unlawful because it: (1) violates the Surface Mining Act; (2) is arbitrary and capricious in violation of the Administrative Procedure Act; (3) exceeds Congress’s powers under the Commerce Clause; (4) interferes with state sovereignty in violation of the Tenth Amendment; (5) was promulgated in violation of the National Environmental Policy Act; and (6) was adopted in violation of the Consolidated Appropriations Act of 2016. It also seeks injunctive relief prohibiting federal agencies from enforcing or otherwise proceeding on the basis of the Rule.
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INDIANAPOLIS, Ind. – Former Elkhart County Prosecutor Curtis Hill was sworn in as Indiana’s 43rd Attorney General on Jan. 9, after receiving 1.6 million votes across the state in November’s election – the highest count in Indiana history.
After being elected to four terms as Elkhart County Prosecutor, Hill begins his administration as Indiana Attorney General with an emphasis on safeguarding the rights of Hoosiers by fighting tirelessly to eliminate government overreach, protecting families from drugs and violence, and defending our most vulnerable from fraudulent practices such as scams.
“Protecting the rights, freedoms and safety of all Hoosiers is my primary focus as Attorney General,†Hill said. “Under my lead, I know that we can make Indiana the home that we all want and deserve because I am dedicated to eliminating the elements that threaten our wonderful communities. I am humbled by the overwhelming trust Hoosiers have invested in me, and I am grateful for the opportunity to get to work as the 43rd Indiana Attorney General.â€
Hill succeeds Greg Zoeller, who served two terms as Indiana Attorney General. In his new role as Indiana Attorney General, Hill will not only serve the state, its residents and its communities, but he will also lead more than 400 employees at the Office of the Attorney General, including an impressive executive staff.
Leading Hill’s executive staff is Aaron Negangard, who has been appointed Deputy Chief, serving as second in command. Negangard was the Dearborn-Ohio County Prosecutor since 2006 before joining Hill’s staff.
Joan Blackwell will serve as Hill’s Chief of Staff. Blackwell served as section chief in the Office of the Attorney General from 2014 to 2016, and most recently worked as an attorney at the law firm of Barnes and Thrornburg. Rounding out Hill’s executive staff is Kelly Craven, who will work as Hill’s Senior Advisor during his first term. Craven was a Deputy Assistant Secretary of the Air Force in the George W. Bush Administration, and served as the Chief of Staff for Indiana congressman Steve Buyer, before most recently serving as the Director of House Operations for Speaker Paul Ryan.
Hill’s communications staff will be led by Jeremy Brilliant, an award-winning journalist who spent more than 10 years as a TV reporter in Indianapolis, most recently working for the city’s NBC affiliate. Brilliant was hired this week as the Director of Communications, and will handle media relations, as well as public outreach for the Hill administration.
A strong group of employees throughout the Office of the Attorney General will work with these key posts, forming an extremely talented staff that will help Hill serve with bold, courageous leadership. Several of the office’s most invaluable positions have been filled. Mary Allen will fill the role as Director of Strategic Planning and Resources. Allen is the former director of the Indiana Criminal Justice Institute where she led the state’s criminal justice policy and planning agency.
Former Marion County Prosecutor Scott Newman joins Hill’s staff as Chief Counsel in the Advisory Division, while Denise Robinson will work as the Senior Deputy Attorney General. Robinson most recently served at the Marion County Prosecutor’s Office. Patricia McMath left her role as Appellate Public Defender at the Marion County Public Defender Agency to join Hill’s staff as the Section Chief of Civil Appeals.
Each of the aforementioned staff members are an ideal fit for their respective roles and are already contributing to the necessary day-to-day duties within the office, Hill said.
“From day one, my team has been prepared. We hit the ground running, getting right to work from the minute we arrived. I can’t thank this dedicated group enough for coming on board,†Hill said. “I’m especially thankful for our transition team, made up of volunteers who went above and beyond, committing themselves to countless hours before, during and after the election. We are going to have a great four years because we started on such a solid foundation. That’s a testament to my transition team.â€
Hill would like to thank his staff and the following group for their dedicated work as members of his transition team: Nate Harter; John Von Arx; Judge Linda Chezem; Bryan Kirkpatrick; Chris McBarnes; Deb Ottinger; Blair Milo; Beth Boyce; Cathie Humbarger; Parvinder Nijjar; Justin Schneider; LeeAnn Eizinger; Lauren Box; John Drummy; Crystal Rowe; Laurie Kemp; Jim Bopp; Rev. Charles Harrison; Judge Sally McLaughlin; Sarah Hurdle; Kyle Wong; Lorin Brown; Ben Wells; Gabrielle Owens; Kevin Betz; Jeff Hawkins; Bob Kelso; Laura Turner; Kenny Kavanaugh; Derrick McGraw; Derek Molter; Ron Buchmeier; Tom Blackwell; Mike Hebenstreit; Tom Jarzyniecki; Stephanie Carowan Courter; Eric Glasco; Adam Ira; Tyler Akers; Ryan Goodwin.
Spencer joined UE in 2014
 University of Evansville President Dr. Thomas A. Kazee has announced a contract extension for Purple Aces Director of Athletics Mark Spencer.
“The University of Evansville is excited that Mark Spencer will continue in his leadership role,†Kazee said. “Since coming to Evansville in 2014, Mark has established a strong foundation, and we look forward to what the future holds.â€
Spencer began his tenure as the fifth Division I Athletics Director at UE in September of 2014 after working for eight years at Oregon State University where he served as the Associate and Senior Associate Athletic Director for Business Operations.
“I would like to thank Dr. Kazee and the University of Evansville for their commitment to our department and the direction that we are leading it,†Spencer said. “We are only beginning to scratch the surface of what Purple Aces athletics can become. I am very excited about the future and look forward to working with Dr. Kazee, the University and the athletics department for years to come.â€
In just over two years of work in Evansville, Spencer has directed the department to great success on and off the playing field. One of his first priorities was to focus on a unified branding campaign within the athletic department. The new branding became a reality when Spencer inked a deal with NIKE to be the exclusive apparel provider for each of the Aces sports programs. This was the first such deal in program history.
He has also directed several impactful projects within the department. Most recently, his efforts have resulted in a renovation of the Armory building on campus. This project featured new netting, turf and signage for a facility that impacts over half of the Aces’ 14 sports programs. Other projects he has directly worked with include: a new scoreboard for soccer and softball, windscreens at soccer, baseball and softball, an updated sound system and press box renovation at soccer and an updated ticketing plan for men’s basketball.
Other projects are on tap, including renovating Meeks Family Court in the Carson Center in preparation for hosting women’s basketball beginning next season.
On the playing field, Spencer’s first season featured the men’s basketball team winning the 2015 CIT Championship before winning 25 games last season. The women’s soccer team defended its home field to win the 2015 MVC Tournament and advance to play Florida State in the NCAA Tournament.
His first coaching hire at UE – head men’s soccer coach Marshall Ray – led the Aces to the second-largest single-season turnaround in school history, pacing the squad to a 10-8-3 mark in 2016. On the women’s basketball side, he recently announced the hiring of Matt Ruffing as the permanent head coach. Ruffing has already doubled the UE win total from last season.
Another hire under his tenure – women’s tennis coach Jayson Wiseman – has already made a huge impact. His 2016 recruiting class was in the top 35 in the nation. Spencer extended the contracts for head baseball coach Wes Carroll and head softball coach Mat Mundell since his arrival. Carroll led the Aces to 29 wins last year while Mundell and his staff were named the 2016 MVC Coaching Staff of the Year after engineering a 14-game turnaround.
As part of the Carson Center renovation, the UE volleyball team will play on a new floor beginning next season and will benefit from the major additions to their facility. The swimming and diving and golf teams have each enjoyed unparalleled success during Spencer’s tenure while the future of the cross country program has never been brighter. In 2016, Spencer and head coach Don Walters announced the addition of men’s and women’s indoor and outdoor track and field.
“When I started here, it was my goal to make this a better place for all of our student-athletes,†Spencer continued. “I feel we have moved towards that goal and am very excited about the direction of the department.â€