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“READERS FORUM” FOR JUNE 16, 2016

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WHAT’S ON YOUR MIND TODAY?

FOOTNOTES: Our next “IS IT TRUE” will be posted on this coming Friday.

Todays READERS POLL question is:  WHO WOULD YOU VOTE FOR IF THE ELECTION WAS HELD TODAY FOR THE VANDERBURGH COUNTY RECORDER?

Please take time and read our newest feature articles entitled “HOT JOBS” and “LOCAL SPORTS” posted in our sections.

If you would like to advertise in the CCO please contact us City-County Observer@live.com.

Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed

Statute Of Limitations Bars Electric Rate Hike Claim

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Scott Roberts for WWW.theindianalawyer.com

The Indiana Court of Appeals ruled the statute of limitations had expired for a member of a power cooperative to challenge its parent company’s change from state to federal regulation and upheld summary judgment for the parent company.

Wabash Valley Power Association got into debt after borrowing money for the failed Marble Hill nuclear power plant. After the Indiana Utility Regulatory Commission denied Wabash’s attempt to raise its rates to pay off its debt, Wabash moved to pay off its debt owed and move from IURC oversight to Federal Energy Regulatory Commission regulation.

Wabash moved to FERC regulation in 2004 and in 2010 Northeastern Rural Electric Membership Cooperation, a member of Wabash, complained that its rates were getting too high and that started in 2008 when Wabash changed its margins. It claimed the change from state to federal regulations was a material breach of the contract the companies had and demanded Wabash return to state regulation. Wabash filed a petition with the FERC seeking relief that Northeastern’s rate scheduled was under the jurisdiction of the FERC, which was granted.

In 2012, Northeastern moved for declaratory judgment, alleging Wabash’s submission to FERC jurisdiction was a breach of contract. After a failed move to federal court by Wabash, Northeastern moved for partial summary judgment arguing Wabash was estopped from denying it breached the contract with Northeastern when it changed regulators. The trial court granted Northeastern’s motion.

Wabash also filed for summary judgment arguing Northeastern’s claim was barred by the statute of limitations, which was four years from when the breach of contract occurred. Northeastern claimed the breach of contract occurred in 2008 when the rates increased, and Wabash maintained it occurred in 2004 when it changed regulators. The trial court agreed with Wabash and granted it summary judgment. Northeastern appealed.

In an opinion written by Judge Michael Barnes, the COA ruled the breach of contract occurred in 2004 when Wabash changed regulators from the IURC to the FERC. Northeastern was aware of the switch and did not challenge it at the time, and it was this change, and not the subsequent increase in rates, caused the breach of contract.

Northeastern also claimed Wabash could not raise the statute of limitations defense because it was equitably estopped from doing so and alleged fraudulent concealment. Northeastern claimed Wabash promised its members that the initial margins would be the same as the rate approved by the IURC. However, Barnes wrote that only the initial margins would be consistent with IURC, and that Wabash never said that the margins would never change. He said there is no evidence that Wabash misled Northeastern in this regard.

The case is Northeastern Rural Electric Membership Corporation v. Wabash Valley Power Association, Inc., 49A02-1508-PL-1312.

Donate Wisely To Make Most Impact In Orlando Tragedy

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Donate Wisely To Make Most Impact In Orlando Tragedy

Amid Opioid Epidemic, More Schools Offer ‘Sober Dorms’

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Ryan had a pattern: He’d enroll in college with the best of intentions, start drinking and drugging, then drop out. Three years ago, as he prepared to enroll at the University of Miami, his fifth school, he had what he called a “white light moment.”

“I realized there was absolutely no way I’m going to stay sober,” he recalled.

So Ryan decided to try something different. He enrolled at Rutgers University, the state university of New Jersey, and moved into the Recovery House, a special dorm that offers “substance-free” housing and activities for students in recovery from alcohol and drug addiction.

The support Ryan found there helped him stay sober and excel in his classes. In May, he graduated cum laude.

“It was a safe space with people who were trying to do what I was trying to do,” said Ryan, now 25, who asked to be identified only by his first name to protect his privacy. “No one was talking about going out and getting drunk. It was the antithesis of my previous dorm experiences, where the shackles are off and people go crazy.”

The nation’s opioid epidemic is focusing new attention on a strategy Rutgers pioneered back in 1988. Oregon State University will offer substance-free housing to students this coming school year. Last year, Republican Gov. Chris Christie signed a law that requires all state colleges and universities in New Jersey to offer sober housing if at least a quarter of the students live on campus. The law gives schools four years to comply, but the College of New Jersey was already preparing to open a sober dorm, which it did last fall. Texas Tech opened its substance-free housing in 2011.

Sober dorms are a “major new development in the recovery movement. They’re unique because they get to the heart of the beast,” said Dr. Robert DuPont, a psychiatrist who specializes in drug abuse. DuPont heads the Institute for Behavior and Health, a drug policy think tank based in Rockville, Maryland, and served as the second White House Drug Czar from 1973 to 1977.

In college, DuPont said, “You’re surrounded by people who are using alcohol and drugs in addictive ways. Someone else is paying the bills and there’s no supervision.”

Students who abuse alcohol or drugs have higher dropout rates and lower grades, DuPont said. But once students get into recovery, he said, “It’s stunning how many were failing before and are now getting As.”

Partying Epicenter
As Ryan learned all too well, university campuses are centers of hardcore partying. More than 35 percent of American college students say they’ve had more than five drinks in one sitting in the past two weeks, compared to 29 percent of non-college peers; 43 percent of college students say they’ve been drunk in the past month, compared to 34 percent of non-college peers. Daily marijuana use among full-time college students has more than tripled in the past 20 years, and cocaine use is on the rise.

A decade ago, most college students with substance abuse problems had little help besides student health services and local Alcoholics Anonymous chapters. That’s changing. Today, roughly 150 colleges and universities in 49 states offer recovery programs, providing students with counseling, community and activities on campus. As recently as 2012, there were only 35 such programs. Many of the newer programs got their start with the help of $10,000 seed grants from the Stacie Mathewson Foundation, a Reno, Nevada-based nonprofit that tries to raise addiction awareness.

In the late 1970s, a Rutgers student who’d been drinking fell out of the bleachers at a football game and was paralyzed. The tragedy prompted the school to conduct a campuswide survey of student drinking. School officials found that the problem was much more pervasive than they’d thought, said Lisa Laitman, the director of the university’s Alcohol and Other Drug Assistance Program.

In 1983, the university hired Laitman to create a recovery program. She was the lone alcohol counselor for 50,000 students spread across the school’s three campuses. Gradually, more staff was hired. Within a few years, at Laitman’s urging, the school opened its first Recovery House on the New Brunswick campus.

“My students in recovery were living in regular dorms and they didn’t have any support. They felt really isolated and alone,” Laitman said.

Today, both the New Brunswick and the Newark campuses offer sober housing. About 30 students live in the New Brunswick dorm, while four currently live in the Newark dorm. The program receives about $240,000 in state grants each year, a portion of which goes to campuswide campaigns to prevent substance abuse. To live in the dorms, students must have been sober for at least 90 days. Many more have been abstinent for longer, because newly sober students are frequently too fragile to take on the “huge undertaking of going to college full time,” Laitman said.

Many students transfer to Rutgers with the express purpose of joining the school’s recovery program and living in a sober dorm, Laitman said. Prospective students must interview with recovery center counselors and current residents, to ensure they will be a good fit. Once accepted into the program, students are required to attend at least two 12-step meetings a week. Students are also encouraged to participate in the center’s extracurricular activities.

Students may live in the dorm year-round, which gives them extra support and allows them to catch up on coursework missed when they were using, Laitman said. Living in the dorm costs about the same as other on-campus housing. (Students who choose to stay on through the summer pay a little extra.)

Francis, a 20-year-old rising senior, got sober as a freshman at Rutgers. His turning point: After an episode of binge drinking, he blacked out and came to in a ditch. Within 48 hours, he said, he found himself “in the same ditch by the same side of the road.”

Because his father is a recovering alcoholic, Francis said, it was easy for him to see where he was headed if he didn’t get help. Once he entered the school’s recovery program that year, he heard about the Recovery House. His dad thought it was a great idea, but his mother hesitated.

“Because my drinking had been so short-lived, she wanted to make sure I wasn’t overreacting,” said Francis, who didn’t want his last name used to protect his privacy.

He moved in sophomore year and has been living there ever since.

“I was very, very nervous at first,” he said. “But it was a fantastic environment for me. I learned how to be a student in a way that I didn’t have to in the time that I was drinking.”

Most students who enroll in collegiate recovery programs stay sober. According to the Association of Recovery in Higher Education (ARHE), 95 percent of students involved in collegiate recovery programs maintain their recovery and don’t relapse. Relapse rates in the general population range between 40 and 60 percent.

“Our students really flourish in this environment,” Laitman said. “It really is a social experiment where you can put people who are in recovery on a college campus. As long as you can provide them with friends and a place that’s safe and a certain amount of activity, they do really well.”

Creating a Culture
In 2010, the University of Vermont launched its Catamount Recovery Program for students recovering from alcohol and drug addiction. Because all first- and second-year students are required to live on campus, the school decided to offer sober housing right away, said Amy Boyd Austin, the program’s director. Currently, eight students live in one of the college’s substance-free cottages.

Students living in the cottages must have been sober for at least six months, and they must sign a contract. If they use drugs or alcohol again, or enable someone else to use, or break another student’s confidentiality, they’re kicked out of the house, Boyd Austin said.

Last fall, the school also opened a “Wellness Environment” (WE) residence hall for incoming freshmen. Like students in the Catamount program, the WE students must commit to substance-free living, but the program isn’t tailored to students in recovery. The dorm offers tai-chi and yoga classes, meditation and a mandatory course in neuroscience.

Most schools do not offer sober housing, but have some sort of support in place for students, according to Boyd Austin, who also serves as president of ARHE.

Last year, for example, regents at the University of Texas, which does not offer sober housing, allocated $2.4 million to continue funding recovery programs at the school’s academic campuses. Texas Tech, a state school that is not part of the UT system, does offer sober housing.

Other schools play matchmaker, helping pair students in recovery with like-minded roommates. Some offer sober suites in the midst of regular dorms, which can be challenging for students struggling to stay sober, Boyd Martin said.

“If you’re just in a wing that’s substance-free and all that’s separating you is a bathroom, you can still smell weed or hear beer pong going on,” she said.

But collegiate recovery programs are not treatment, addiction experts say. Instead, they are designed to support students who have already been through treatment and are looking to live and study with like-minded students.

Successful recovery programs have a space that students can call their own with a dedicated counselor who can work closely with the college to coordinate activities. Collegiate recovery programs also offer retreats, academic courses in recovery, leadership workshops, health and wellness activities, movie nights, sober tailgating and recovery conferences.

The idea is to create a culture and a community for students who are already committed to staying sober.

“Nothing is a truly safe space,” Boyd Austin said. “Having housing is not a guarantee that relapses can’t happen.

VANDERBURGH COUNTY FELONY CHARGES

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 Below is a list of the felony cases filed by the Vanderburgh County Prosecutor’s Office yesterday and today.

Hamit Abdul Ku Gonzalez Operating a vehicle while intoxicated, Level 6 felony

Shadavian Orquon Yard-Daniel Criminal mischief, Level 6 felony

Nicole Dean Woods Battery in the presence of a child, Level 6 felony

Nicholas Delmar Kelley Carrying a handgun without a license, Level 5 felony

Possession of a controlled substance, Level 6 felony

Possession of a controlled substance, Level 6 felony

Possession of paraphernalia, Class C misdemeanor

Driving while suspended, Class A misdemeanor

Christopher Patrick Thomas Battery in the presence of a child, Level 6 felony

Thomas Gilmer Jr. Operating a vehicle with an ACE of .08 or more, Level 6 felony

Driving while suspended, Level 6 felony

Driving while suspended, Level 6 felony

Melanie Sue Dannheiser Possession of a narcotic drug, Level 6 felony

Unlawful possession of a syringe, Level 6 felony

Possession of a controlled substance, Class A misdemeanor

Anthony Ray Short Possession of methamphetamine, Level 6 felony

Christina Jean Barenfanger Assisting a criminal, Level 6 felony

Lonnie Lee Chism Operating a vehicle as a habitual traffic violator, Level 6 felony

Jerry Lee McDonald Intimidation, Level 6 felony

Public intoxication, Class B misdemeanor

Disorderly conduct, Class B misdemeanor

Geneva Marie Emerson Unlawful possession of a syringe, Level 6 felony

Drake Matthew Freels Intimidation, Level 5 felony

Intimidation, Level 5 felony

Chet Murle Mitchell Failure to register as a sex or violent offender, Level 5 felony

Rahee Jaye Lockett Criminal mischief, Level 6 felony

Rick T. Smith Battery resulting in serious bodily injury, Level 5 felony

Interference with the reporting of a crime, Class A misdemeanor

Criminal mischief, Class B misdemeanor

Robert Lee Bell Criminal confinement, Level 5 felony

Battery resulting in bodily injury, Class A misdemeanor

Resisting law enforcement, Class A misdemeanor

Resisting law enforcement, Class A misdemeanor

Henry George Deweese Operating a vehicle as a habitual traffic violator, Level 6 felony

John Makson Cheremond Receiving stolen auto parts, Level 6 felony

Resisting law enforcement, Level 6 felony

Reckless driving, Class C misdemeanor

Lucas Joseph Clark Criminal mischief, Level 6 felony

Ryan Wesley Stuteville Battery against a public safety official, Level 5 felony

Resisting law enforcement, Level 6 felony

Matthew Marcus Oakley Auto theft, Level 6 felony

False informing, Class B misdemeanor

Justin Laron Nance Possession of a narcotic drug, Level 6 felony

Operating a vehicle with an ACE of .15 or more, Level 6 felony

Possession of a controlled substance, Class A misdemeanor

Christopher Dewayne Bryant II Criminal mischief, Level 6 felony

Luis Alberto Escobedo Duenas Dealing in methamphetamine, Level 2 felony

Dealing in marijuana, Level 5 felony

Maintaining a common nuisance, Level 6 felony

Resisting law enforcement, Class A misdemeanor

Damien Kyle Ritter Battery resulting in serious bodily injury, Level 5 felony

Battery resulting in serious bodily injury, Level 5 felony

Battery in the presence of a child, Level 6 felony

Criminal confinement, Level 6 felony

Criminal confinement, Level 6 felony

Marquaill Ke Juann Harvey Conspiracy to commit burglary, Level 4 felony

Aiding, inducing or causing burglary, Level 4 felony

Aiding, inducing or causing theft, Class A misdemeanor

Emily Rebecca Phillips Domestic battery, Level 6 felony

Governor Pence Attends Grand Opening of WinField Crop Adventure at Fair Oaks Farms

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Indianapolis – Governor Mike Pence joined United States Secretary of Agriculture Tom Vilsack, President and CEO of Land O’Lakes, Inc. Chris Policinski, co-founder of Fair Oaks Farms Mike McCloskey, Indiana’s Lieutenant Governor Eric Holcomb, and Director of the Indiana State Department of Agriculture Ted McKinney for the grand opening of Land O’Lakes’ new WinField Crop Adventure at Fair Oaks Farms. The WinField Crop Adventure offers an interactive exhibit for students and families to learn about modern agriculture and the impact of farming in everyday life.

“As we celebrate Indiana’s bicentennial year and our rich 200-year history, we are reminded that at our core, Indiana is agriculture,” said Governor Mike Pence. “WinField Crop Adventure showcases Indiana’s continued advancements in agricultural production and is an unmatched opportunity for Hoosiers to celebrate how farming and agriculture continue to play a pivotal role in the future of our communities. I’m thankful for the work of Fair Oaks Farms as they lead by example to inform and engage Hoosiers of all ages on Indiana’s role in the field of agriculture.”

 

Photos from the Governor’s visit to the newly-completed WinField Crop Adventure exhibit can be found below.

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Aces Softball Notches One Of Top Ten Turnarounds In NCAA

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Aces Went From 10 to 24 Wins In Rebound Year

With the NCAA softball season officially completed, the University of Evansville has officially finished with the 9th-best turnaround in the country.

The Purple Aces more than doubled their 2015 win total, improving their tally by 14 wins to finish with 24 in 2016.  It tied for the #9 jump out of the 295 NCAA softball programs.

“I couldn’t be more proud of the effort and fight we saw out of our team this year,” Aces head coach Mat Mundell said.  “We have a determined group who have worked extremely hard to help build this program. I am excited to see where they can take it.”

Picked 10th in the preseason Missouri Valley Conference poll, Evansville came together as a team to post 12 league wins, its highest tally in nine years.  It also tied Bradley for 5th place in the league.  The turning point of the season came in the fourth inning of game two against Wichita State.  UE was 2-8 in MVC play at that point, had lost the first game of the series to the Shockers, was trailing the game 4-0 and had not won an MVC series in three years.

One swing changed the course of the season.  With the bases loaded, Morgan Lambert hit a grand slam before Hayli Scott notched the game-winning hit in a 5-4 win.  A day later, the Aces won the series with a 3-2 triumph, dealing the eventual MVC champs one of only two conference series losses in 2016.

That was the first of four MVC series wins in a row as the Aces won finished the season winning five of their final six conference series.  Coach Mundell and assistants Ashley Balazs and Aubrey Watson garnered MVC Coaching Staff of the Year honors for their work with a young UE team.

Pacing the squad in her first season was MVC Freshman of the Year Morgan Florey.  Finishing third in the MVC with a 1.95 ERA, Florey went 16-11.  She was also the top power hitter on the team, leading UE with 8 home runs and 26 RBI.  She joined Chandra Parr on the All-MVC First Team.  For Parr, it marked her second appearance on the list.  She batted .306 and knocked in 23 runs in 2016.

Susan Norris also garnered postseason accolades, earning a spot on the All-Defensive Team as she registered a .977 fielding percentage.

 

RAIN DELAY PUTS DAMPER ON OTTER BATS

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The Evansville Otters were defeated by a score of 9-1 on what was a rainy Day Camp Day at Bosse Field. After a brief first inning that featured each team recording a single, a massive storm would brew over Bosse Field. A rain delay would ensue that lasted for almost three hours. The pause in the action led to the Otters’ starting pitcher, Tyler Vail, being pulled from the game after tossing one complete inning. The pitching for the rest of the contest was then turned over to the bullpen, who struggled to miss bats throughout the afternoon. The collective group surrendered nine earned runs in addition to twelve hits allowed. Gateway starter, Vincent Molesky, managed to continue pitching even after the lengthy rain delay, tossing a gem during the process. Molesky finished the outing with a line of six innings pitched in addition to 9 strikeouts recorded. The Otters’ lone run of the game came in the sixth inning following a rocket of a double from Josh Allen, and then an opposite field single swatted by Jeff Gardner.

Up next, Evansville will face off against Gateway again tomorrow, with first pitch scheduled for 6:35 pm CDT.

Annual Honoring Women Veterans Conference at UE Set for June 18

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The seventh annual Honoring Women Veterans Conference at the University of Evansville is Saturday, June 18, 8:00 a.m.-3:30 p.m., in Eykamp Hall in UE’s Ridgway University Center. This free event is a day of education, fun, and camaraderie for women who have served and currently serve in the United States military. The deadline for women veterans and current service members to register for the event is June 1.

The day’s activities include facials, manicures, massages, and more, as well as sessions on military benefits, networking, and career information. Participants can meet fellow veterans of all ages and from all branches of the service. In the past, attendees have ranged in age from 20 to 105 years old, and traveled from as far away as Oklahoma and Washington, DC, to attend.

Betty Moseley Brown, associate director for the Center for Women Veterans at the Department of Veterans Affairs and Marine Corps veteran, will be the guest speaker. Brown is a dynamic speaker who has been instrumental in promoting awareness of the contributions made by women who served in the military through multiple department-wide efforts, such as VA’s Her Story campaign and the Face Behind the File: Women at War DVD.

Brown has held several positions at the VA, including veterans benefits counselor, women veterans coordinator, veterans benefits administration, compensation and pension service and later for the associate deputy under secretary for policy and program management. She was the VBS’s first outreach coordinator, coordinating outreach activities of five major programs and providing veterans and their dependents with information on benefits and services administered by VA. She serves as the national president of the Women Marines Association, a non-profit charitable organization composed of women who have served or are serving honorably in the U.S. Marine Corps regular or reserve components.

UE is proud to host this event and to celebrate the dedicated women who have served our country. The University has received numerous recognitions for being military and veteran friendly including U.S. News & World Report as a top Midwestern university and eighth for Best for Veterans. UE has also received recognition from Military Friendly Schools, Military Times, U.S. Veterans Magazine, and Military Advanced Education.

Women veterans and current service members may register online for the event at www.evansville.edu/veteransaffairs or by calling the Vet Center at 812-473-5993 or UE coordinator of veteran affairs Cherie Leonhardt at 812-488-2141.