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Riecken Criticizes Mayor Winnecke For Lack Of Transparency And Accountability‏

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Riecken Criticizes Winnecke for Lack of Transparency and Accountability

June 22, 2015. – Evansville, IN

n a video released today, Democratic mayoral candidate Gail Riecken calls on Mayor Winnecke to stop spending tax dollars the city doesn’t have.

Riecken states “With each passing year, our General Fund starts out with less money than the year before.  Our city credit card is becoming maxed out.  We cannot continue to borrow future money to pay the city’s bills today. This type of action is unsustainable. “

Riecken also calls on the Mayor for transparency and accountability, as the Mayor refused a visit to the City Council to answer questions about the hotel. Riecken says the Mayor shows a lack of respect to the citizens of Evansville for not presenting his budget plan before the August hearings and pledges, as mayor, to present her fiscal priorities prior to the official meeting so citizens can have input.

“I pledge to you that, as mayor, I will lay out my fiscal priorities prior to the official budget hearings, so all Evansville citizens can have an opportunity to look at, question, and give input on it,” says Riecken.

The You Tube video can be seen here: https://youtu.be/ndnUWnKI0Eo

Paid for by Gail Riecken for Mayor, Mike Woods Chairman

Teen’s arrest did not violate 4th Amendment

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Jennifer Nelson for www.theindianalawyer.com

The Indiana Court of Appeals upheld a teen’s adjudication for carrying a handgun handed down after police arrested the occupants of the car he was riding in after smelling burnt marijuana during a traffic stop. The judges unanimously held the officers had probable cause to arrest the car’s occupants, including the teen.

An Indianapolis Metropolitan Police officer pulled over a car with very dark tinted windows. He smelled burnt marijuana from inside the car, where K.K. was a passenger in the back seat. The three occupants denied that any drugs or weapons were present, and the three were briefly patted down and handcuffed. Another officer believed K.K. was acting nervous and conducted another pat down and found a loaded handgun in his pocket.

K.K., who was 17 at the time, was adjudicated as a delinquent child for committing what would be Class A misdemeanor dangerous possession of a firearm if committed by an adult.

In K.K. v. State of Indiana, 49A02-1410-JV-687, he argued that the odor of burnt marijuana emanating from the car did not provide probable cause for the officers to arrest him and the other two occupants, which led to the search of K.K. and the discovery of the gun.

The appellate judges relied on Edmond v. State, 951 N.E.2d 585, 591 (Ind. Ct. App. 2011), Bell v. State, 13 N.E.3d 543, 544-45 (Ind. Ct. App. 2014), and Lessley v. City of Madison, Indiana, 654 F.Supp.2d 877 (S.D. Ind. 2009), to support their decision that probable cause existed to arrest the occupants of the car in which K.K. was a passenger.

“K.K. suggests that the Edmond decision requires that, for probable cause to exist, the officer must not only smell marijuana emanating from the vehicle, but, in addition, the defendant driver must be alone in the vehicle when the smell is detected, and the officer must detect it on the individual’s person or breath. To the extent that Edmond could be interpreted to require the presence of all of these factors, we respectfully decline to follow it. In our view, whether the defendant is alone and whether the odor of marijuana – burnt or raw – is also present on an individual or his breath are factors to be considered in the analysis, not bright-line prerequisites necessary for probable cause to exist,” Judge James Kirsch wrote.

Since the judges found the arrest was supported by probable cause, the trial court did not abuse its discretion in allowing the firearm to be admitted into evidence because it was discovered pursuant to a lawful search incident to K.K.’s arrest.

St. Mary’s Hospital for Women & Children Birth Records

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Crystal and Matthew Nolan, Norris City, Ill., son, Evan Raymond, Jun. 13

Jennifer and Benjamin Titzer, Chandler, Ind., daughter, Allie Jo, Jun. 14

Chrystal and Adam Mehringer, Evansville, son, Cecil William Ray, Jun. 14

Haley and Clayton Jamison, Carmi, Ill., daughter, Carsyn Mae, Jun. 14

Mashell and James Kirchhoff, Evansville, Destiny Lynn, Jun. 14

Sabrina and Todd Stephens, Bridgeport, Ill., son, Preston Grant, Jun. 15

Alescia Colvin and Jason Bradshaw, Princeton, Ind., son, Carson Robert Walker, Jun. 15

Savannah and Nicholas Birkla, Evansville, daughter, Isabella Joy, Jun. 15

Rebecca Christmas and Eric Risley Jr., Hazleton, Ind., daughter, Rhaylen Nicole, Jun. 16

Aaliyah Armstead and Dariontae Logan , Evansville, son, De’Shawn Tyreke, Jun. 16

Desirae Duran and Brandon Ellis, Evansville, daughter, Isabella Marie, Jun. 16

Elisha and Nicholas Dewig, Evansville, son, Henry Mason, Jun. 16

Taylor Hansen and Kyle Coomes, Evansville, son, Kylor Christian, Jun. 16

Jennifer and Kevin Claycomb, Newburgh, Ind., daughter, Elizabeth Jane, Jun. 16

Tricia and Andrew Venditti, Chandler, Ind., son, Gavino Antonello, Jun. 17

Jessica and Steven Trevino, Evansville, son, Noah James, Jun. 17

Vanderburgh County Recent Booking Records

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DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
 

EPD Activity Report

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EPA Seeks Input on Modernizing the Risk Management Plan (RMP) Rule

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WASHINGTON – The U.S. Environmental Protection Agency (EPA) invites small businesses, governments, and not-for-profit organizations to participate as Small Entity Representatives (SERs) for a Small Business Advocacy Review (SBAR) Panel. This panel will focus on the Agency’s development of a rule that proposes to modify the current Risk Management Plan (RMP) regulation to reduce the likelihood of accidental releases of toxic and flammable substances at chemical facilities, and improve emergency response when those releases occur. This aligns with Executive Order 13650 entitled Improving Chemical Facility Safety and Security (EO 13650) that President Obama signed on August 1, 2013. EO 13650 directs the federal government to carry out a number of tasks whose overall aim is to prevent chemical accidents. These tasks include: improving operational coordination with state and local partners; enhancing Federal agency coordination and information sharing; modernizing policies, regulations and standards; and working with stakeholders to identify best practices.

The panel will include federal representatives from the Small Business Administration (SBA), the Office of Management and Budget (OMB), and EPA. The panel members ask a selected group of SERs to provide advice and recommendations on behalf of their company, community, or organization to inform the panel members about the potential impacts of the proposed rule on small entities.

EPA seeks self-nominations directly from the small entities that may be subject to the rule requirements. Other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, may also serve as SERs.

EDITORIAL: The Time For Full Disclosure Concerning The Downtown Hotel Is Now

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MAYOR
MAYOR

Over the last several months we have been watching, with interest, the political exchange between members of City Council and Mayor Winnecke and his staff pitching back and forth a political football called the Downtown Convention Hotel.

Last week the Mayor rebuffed City Council President, Dr. Dan Adams’ requests for an update on the present status of the revised plans for the Hotel? Mayor Winnecke’s response was a polite “no”. The Mayor’s response was startling, because this was the Mayor who promised open and honest government to the people who elected him Mayor. The people of this community took him up on his promise and indeed elected him Mayor of this great City. However the Mayor has broken his promise by rejecting the opportunity to make a detailed presentation of the overall status of the newly re-designed Downtown Convention Hotel.

We feel it’s time that not only the City Council, but also the taxpayers of this community demand the Mayor make public the redesigned plans for the Hotel and the new projected cost of this project. We also wonder if the cost for the foundation, footers, sidewalk, street and landscaping are included in the new bid price? We also feel the taxpayers need to be informed about how much these additional add-ons to this project are going to cost? If the Mayor continues to deny the City Council’s respectful request for him to appear before that body, they should consult with the City Council Attorney for legal remedies that will force the Mayor to define the new project.

Somehow we missed it. We believed when the legal financial entity of city government, the City Council, appropriates $20 million dollars of taxpayer money to a project (Downtown Hotel) the taxpayers have all the right to Demand Transparency and accurate information about the new design and cost changes. of the Hotel. We are wondering what is the Mayor trying to hide from the taxpayers about this project? Its time for City Council and city taxpayers to publicly Demand Full, Honest and Accurate Disclosure concerning the proposed Downtown Convention Hotel!

This is the DEFINING MOMENT for the Mayor to demonstrate his respect for good public policy by agreeing to release the details of the amended plans for the Downtown Convention Hotel. It will be an honest and much needed display of being a good steward of the public trust. Bottom line, this issue is all about open and transparent government. The time for full disclosure concerning the Downtown Hotel is now! The public deserves no less.

Please take time and vote in todays “Readers Poll”. Also we just posted the current City County Observer TRI-STATE VOICES TV show for you’re viewing pleasure. Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

IS IT TRUE JUNE 22 2015

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IS IT TRUE that Mayoral candidate Gail Riecken had a political fund raiser last Friday? …we saw many people at this event who have not been very active in the party over the last several years? …were pleased to see the Vanderburgh County Sheriff at this event? …We overheard Sheriff Wedding proudly stating his strong support for Mrs. Riecken and his willingness to help in any manner possible?

IS IT TRUE that the master storm sewer plan has 23 projects costing nearly $160 million and Mayor Winnecke has not started one of these projects yet? …if this information is correct, then it is truly a sad that Mayor Winnecke decided to bypass these projects?  … these projects affect the overall public health of the people of this community? …we wonder why the mainstream media hasn’t reported this situation?  …with all of the recent storms and flooding, these projects (funded projects) are badly needed?

IS IT TRUE an empty building located on East Florida and Heidelbach was donated to Jacobsville Join In (A city subsided non-profit agency)? …this agency wants to use this vacant commercial building as a community meeting place? …we wonder whats wrong with using their North Main offices for such meetings? …how much will the taxpayers shell out to bring this building up to city codes? …how much will the taxpayers spend to remodel this building to make it ready to use for community meetings?  …how much will it cost the taxpayers per year for utilities and upkeep?

IS IT TRUE that “Jacobsville Join In” is starting a fund raising campaign called “TWO CENTS” campaign that will help to support the newly donated building costs? …this organization suggests that some of this money can be used to paint a mural on the exterior of the building? …we wonder how an exterior mural is going to enhance the quality of life the disadvantage and down trodden people of the Jacobville community? …we also wonder how this mural is going to combat neighborhood crime in that area?

IS IT TRUE ECHO HOUSING CORP  recently paid a sizable sum of money to an out of town artist to paint a large mural on the side of a building located behind McDonalds on North Main? …we wonder how this mural enhances the quality of life and combats crime in the JACOBSVILLE neighborhoods so far? …if you want to get a first-hand view of how our tax dollars are spent on worthless pork barrel projects,  please drive by McDonalds on North Main and look at the back side and view this alleged weapon on fighting crime and promoting economic development in the JACOBSVILLE area? …please take a picture and send it to all your friends because a picture is worth a thousand words?

IS IT TRUE we wonder why ECHO Housing Corporation spent $31,650 of the Jacobsville Gateway TIF money to paint an abstract mural on the side of storage building behind McDonalds Restaurant?  …this $31,650 would had better spent by ECHO Housing Corporation on additional opportunities for the disadvantaged of Jacobsville area?

IS IT TRUE we have attached a link of the Evansville Redevelopment Commission Grant Agreement resolution that gave ECHO Housing Corporation a $31,650 grant for this mural?  …we wonder why the ERC didn’t put in this resolution that the $31,650 grant was for an exterior mural?  …we also wonder who owns the building that the mural was painted on?

IS IT TRUE we urge you to pay special attention to the mission statement in this Grant Agreement that these funds should be used for the public good?  …we urge you to look at how the adoption vote was recorded on this agreement?

Please take time and vote in todays “Readers Poll”.  Also we just posted the current City County Observer TRI-STATE VOICES TV show for you’re viewing pleasure.  Don’t miss reading todays Feature article because it’s always an interesting read.  Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Know the Law: Fireworks

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
With the Fourth of July approaching, many area residents are stocking up on bottle rockets, sparklers and firecrackers. We’ve summarized Indiana’s Fireworks Laws below so that you can stay safe and legal this Independence Day.

Indiana Code 22-11-14-6 allows you to discharge fireworks on your property until 11 PM. On a legal holiday (which by statute includes every Sunday) you may discharge fireworks up until midnight.

You may only discharge fireworks on your own property, on property that you have permission to use, or at a special discharge location authorized by the fire department having jurisdiction. If you are under 18 years of age, you must have an adult present in order to possess or use fireworks.

Discharging or possessing fireworks in violation of IC 22-11-14-6 is punishable a Class C Infraction. Damaging another person person’s property with fireworks is punishable as a Class A Misdemeanor. Causing serious injury to another person with fireworks is punishable as a Class D Felony. Under IC 35-45-3-2 a person who places or leaves a spent firework on the property of another person commits Littering as a Class B Infraction.

Vanderburgh County Code 12.24.010(u) prohibits the possession or discharge of fireworks within a county maintained park. The City of Evansville further restricts the use of fireworks within the corporate limits. The Evansville Municipal Code regulating fireworks may be foundhere.

Sheriff Wedding stated, “Even though the law permits the discharge of fireworks on any day of the year, intentionally causing annoyance to your neighbors during the work week could result in a citation for disorderly conduct.” Sheriff Wedding added, “Our office wants everyone to have a good time and be able to celebrate this summer. We just ask that people be courteous to their neighbors and exercise a little common sense.”

The Sheriff’s Office received sixty-four (64) separate complaints related to fireworks last summer. This figure was down slightly from the seventy-one (71) complaints we received during the summer of 2013.

Residents should call 911 to report the unsafe or illegal use of fireworks, but are asked to refrain from calling 911 to report fireworks use that is in compliance with the law.

 

Have a safe and happy Fourth of July!