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IS IT TRUE JANUARY 29, 2016

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IS IT TRUE the buzz we are hearing about todays Evansville Brownfield Corp. meeting at Vectren Corporate offices is making us wonder about this not-for-profit organization more than ever?

IS IT TRUE we understand that past Evansville Brownfield board meetings have been held around town in various upscale restaurants?  … the one scheduled for today was originally to be held  at a restaurant located on Haynie’s Corner?  …It would be interesting to know whether or not if the taxpayers are footing the bill for the fine dining experiences of the Evansville Brownfield Corp Board?

IS IT TRUE having todays Brownfield Corp meeting at an upscale restaurant would not be a suitable venue to hold a public meeting, but the choice of Vectren seems odd?  … several potential attendees from the general public have commented on being “turned off” by having to pass guards to attend a public meeting at the plush Vectren Corporate Headquarters?

IS IT TRUE we’ve pleased that DMD Director Kelly Coures has invited City Council members to attend todays Brownfield meeting?

IS IT TRUE the Principal Officer, (secretary-treasurer) of Evansville Brownfield Corp. is Carolyn Rusk?  …Carolyn Rusk is employed by DMD?  ,,,,the name and address of principal officer of Evansville Brownfield Corp listed on several IRS 990 tax form is DMD employee CAROLYN RUSK whose office is located at 1 NW Martin Luther King Jr , Civic Center in room, 306 EVANSVILLE, IN 47708?

IS IT TRUE one of the things we find most problematic about this issue is the fact that we can’t find any notice to the public about this meeting in the mainstream media? …Evansville Brownfield Corp. is subsidized  by taxpayers money and we wonder if they should have given a forty-eight hour public notice about todays meeting?

IS IT TRUE the other big problem we have with the way todays Brownfield meeting is being conducted is that we are told by second hand sources that the meeting will begin at 1:30 and then quickly go into a private Executive session for an hour or so before holding the public part of the meeting starts?  …if the public shows up at 1:30 they shall sit for an hour waiting for the public session to begin?

IS IT TRUE THE Foundation Finder report that one of our bloggers sent us shows that the Evansville Brownfield Corp filed an IRS 990 report back in 2004?  …THE Foundation Finder reported that from 2005 to 2011 the Evansville Brownfield Corp. didn’t file an IRS 990 report?  …the Foundation Finder-990 report did show that Evansville Brownfield Corp did file reports in 2012, 2013 and 2014?

IS IT TRUE attached below is a link to THE FOUNDATION FINDER-990 web site for local  not-for -profits for you to look at the Evansville Brownfield Corp IRS-990 tax reports for 2004, 2012, 2013 and 2014?

http://990finder.foundationcenter.org/990results.aspx?

IS IT TRUE attached below is a long to the FOUNDATION FINDER-990 Not-For Profit web site for you look at the Evansville Brownfield Corp IRS-990 tax reports for 2004, 2012, 2013 and 2014?

IS IT TRUE todays “READERS POLL; “Do you feel its time for the books of the Evansville Brownfield Corp to be audited?

IS IT TRUE today at 2:30 p.m. at Vectren Corporative Headquarters the peoples business will finally be discussed publicly?

IS IT TRUE starting next week articles shall be posted on Mondays, Wednesdays and Fridays unless we have unexpected breaking news?

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

Adopt A Pet

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Duke is a 4-year-old male Airedale/Wheaten terrier mix! His previous family moved and left him behind. Duke’s $100 adoption fee includes his neuter, microchip, vaccines, and more. Call (812) 426-2563 or visit www.vhslifesaver.org for adoption details!

VANDERBURGH COUNTY FELONY CHARGES

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 Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Wednesday, Jan. 13, 2016.

Roger Matthew Pirtle Possession of a narcotic drug, Level 6 felony

Kyle James Wood Dealing in a look-alike substance, Level 5 felony

John Eugene Deer Carrying a handgun without a license, Level 5 felony

Dealing in a look-alike substance, Level 5 felony

Amanda Carol Fryman Possession of methamphetamine, Level 6 felony

Possession of paraphernalia, Class C misdemeanor

Randal Dale Schaeffer Attempted battery by bodily waste, Level 5 felony

Resisting law enforcement, Class A misdemeanor

Javion Hisheem Bell Resisting law enforcement, Level 6 felony

Carrying a handgun without a license, Class A misdemeanor

Keyvan Shamaal Fellows Possession of marijuana, Level 6 felony

Ricardo Markim Roberts Sr. Domestic battery, Level 6 felony

Jeremy Craig Collier Operating a motor vehicle after forfeiture of license for life, Level 5 felony

Travis Lee Buchanan Armed robbery, Level 3 felony

Criminal confinement, Level 3 felony

Possession of a narcotic drug, Level 6 felony

Quinton Lee Jennings Intimidation, Level 6 felony

Michele Denise Guthrie Dealing in a narcotic drug, Level 4 felony

Maintaining a common nuisance, Level 6 felony

Timothy Boyd Shane Burglary, Level 5 felony

Theft, Level 6 felony

Gerald Lamont Robinson Intimidation, Level 5 felony

Possession of a synthetic drug or synthetic drug look-alike substance, Class A misdemeanor

Donald Charles Freeman Jr. Armed robbery, Level 3 felony

Battery against a public safety official, Level 5 felony

Resisting law enforcement, Level 6 felony

Carrying a handgun without a license, Class A misdemeanor

Resisting law enforcement, Class A misdemeanor

Possession of marijuana, Class B misdemeanor

Seth Andrew Dill Child seduction, Level 5 felony

Stacy Ryan Goldman Battery against a public safety official, Level 5 felony

Theft, Level 6 felony

Resisting law enforcement, Level 6 felony

Resisting law enforcement, Class A misdemeanor

Ushanda Raye Johnson Operating a vehicle as a habitual traffic violator, Level 6 felony

Bennie Lee Fulton II Domestic battery, Level 6 felony

Jimmy Ray Davis Possession of methamphetamine, Level 6 felony

Theft, Level 6 felony

Possession of paraphernalia, Class C misdemeanor

Google Coming to North Junior High

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Google is coming to North Junior High tomorrow at 1:45 p.m. to talk about Online Safety. Congressman Larry Bucshon will be there as well. Google created this program to help teach digital literacy to students and how to be safe online.

Tropicana Evansville Hosts Regional Mid-States Poker Tour

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The Mid-States Poker Tour (MSPT) is a series of deep stack Texas Hold’em tournaments held at separate locations throughout the Midwest. Tropicana Evansville is hosting the MSPT Regional Tournament in their southern Indiana casino through January 31.

 

The MSPT is designed to cater directly to Poker players, players who desire affordable buy-ins that also lead to large prize pools.  The MSPT adds a new level of prestige to Poker in the Midwest — one of the most underrated Poker hotbeds in the country.

 

“MSPT has a very strong following.  Some of its events have prize pools in excess of $400,000.  Our preliminary events were well received by our poker players and we feel this is a great indication the main event will be strong.” says Giffen Tan, Executive Director of Gaming Operations at Tropicana Evansville.

 

Prize amounts are entirely dependent on the number of players in the tournament but a Main Event Prize Pool of $50,000 is guaranteed.  The Main Event will take place Thursday, January 28 through Sunday, January 31 in Tropicana Evansville’s Casino Poker Room.  Tournament viewing is open to the public, but space is limited.

 

State Fair invoices do not retroactively indemnify company in stage collapse

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Jennifer Nelson for www.theindianalawyer.com

The terms on invoices from the company contracted to provide equipment for concerts at the State Fair do not imply retroactive indemnification for the company after the 2011 stage collapse, the Indiana Supreme Court held Thursday in a matter of first impression.

The justices granted transfer to In Re: Indiana State Fair Litigation, Mid-America Sound Corporation v. Indiana State Fair Commission, et al., Jill Polet, et al., 49S02-1601-CT-51, to determine whether the trial court properly granted summary judgment to the Indiana State Fair Commission on the issue of whether the commission accepted liability for the stage fair collapse through a years-long course of conduct in paying invoices that had standard indemnity language on the back.

For 10 years before the August 2011 accident during a Sugarland concert in which high winds toppled stage equipment, killing seven and injuring dozens, the State Fair Commission and Mid-America Sound followed the same procedure. Before the fair, the parties agreed on the equipment and prices; after the fair, Mid-America would submit a blank claim voucher form with invoices for the rentals attached. The commission would then sign the claim voucher to authorize payment if it was correct.

In December 2011, while lawsuits were pending from victims of the stage collapse against the parties at issue in the instant case, Mid-America followed this procedure and sent an invoice to the commission. The commission signed the voucher.

Mid-America claimed that two sentences on the December 2011 invoice entitled it to indemnification for its own negligence in relation to the stage collapse. The trial court granted the commission’s motion for summary judgment; a divided Court of Appeals reversed and remanded because of genuine issues of material fact.

Indiana requires “clear and unequivocal” language to indemnify for another’s own negligence – tacitly recognizing that retroactive indemnity for existing losses is a burden few would willingly accept, Chief Justice Loretta Rush wrote for the unanimous court. And because indemnity provisions must be expressed unambiguously – especially when retroactive – they may not be inferred in a course of dealing, she noted, citing cases from jurisdictions that have squarely addressed this retroactivity question.

The trial court therefore correctly granted summary judgment for the commission and against Mid-America, the justices held.

“In view of that conclusion, we express no opinion on whether the Commission is a governmental entity with immunity under the Indiana Tort Claims Act (ITCA), Ind. Code ch. 34-13-3; whether indemnity for another party’s negligence is a tort- or contract-based liability for ITCA purposes; or whether the invoices’ indemnity language is void against public policy. But those arguments do illustrate why Mid-America’s failure to make a ‘clear and unequivocal’ demand for retroactive indemnification is particularly significant in these circumstances,” Rush wrote.

“Regardless of their merits, those claims are not implausible — and therefore it seems that a party seeking to impose such a disfavored liability under these circumstances would have particular incentive to draft its contract in the clearest and most unequivocal terms possible. Mid-America’s failure to do so here further underscores why we should not infer an extraordinary liability when a contract fails to provide for it expressly.”

New Hire at PEF

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Diane Nicholson Combs recently joined PEF as the new Program & Communications Director.  A graduate of Harrison High School and Indiana University Kelley School of Business, she currently serves on the Greater Evansville IU Alumni Association Chapter Board.   Prior to joining PEF, she was the Business Manager for a local private medical practice.

Women’s Basketball returns home for Illinois State and Indiana State

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  The University of Evansville women’s basketball team will hope its return to the Ford Center will be just as successful as it’s last home game as the Purple Aces are set to host Illinois State on Friday night and Indiana State on Sunday morning.

 

The Aces (2-16, 1-5 Missouri Valley) are coming off a three-game road swing that ended with a close loss to Wichita State last Sunday. However, the last time UE stepped off the floor at the Ford Center, it was following a 62-46 victory over Bradley earlier this month.

 

The game against Bradley ranks as one of the top performances by the Aces this season as both Sara Dickey and Sasha Robinson led the assault on the Braves. Dickey, who currently ranks fourth on UE’s all-time scoring list, had 23 points in the contest, and Robinson registered her first double-double of the season, scoring 10 points and pulling down 14 rebounds.

 

Kenyia Johnson, who filled up the stat sheet on the Bradley game with eight points, five assists and five rebounds, carried over her effectiveness into the road schedule, highlighted by an 8-for-9 showing with 18 points and five assists in the loss at Wichita.

 

Meanwhile, Illinois State (4-14, 2-5 MVC) enters the weekend after racking up its second conference victory of the season, beating Bradley 54-49. The Redbirds’ only other conference win was a 70-49 decision over Wichita State. The Aces have won four consecutive games over the Redbirds, which includes a 55-51 victory in the first round of last season’s Valley tournament.

 

Indiana State, which will take on Southern Illinois on Friday, is riding back-to-back victories over Loyola and Bradley, and the Sycamores will be looking to build on their 8-10 record, which includes a 4-3 mark in Valley play. Indiana State took home both meetings against UE last season.

 

Tipoff on Friday night is set for 7 p.m.