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IS IT TRUE November 25, 2014

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IS IT TRUE on “Black Friday” Nov. 28th “We the People” are going to be picketing in front of the Evansville Courier & Press building located on 300 Walnut Street beginning at 1:00 pm to 3:00 pm rain or shine?  …this protest has been dubbed the “Integrity In Journalism”?  … that protest organizer Brenda Bergwitz stated we are sick and tired of  the Evansville-Courier and Press not reporting the truth about national political events?  …that she also added that the Evansville Courier and Press are not only reporting the real political happenings at the Civic Center but also aren’t publishing important “Letters to the Editor” sent to them throughout the year? …she also stated that everybody is welcome regardless of political affiliation. …she wants everybody to bring the American flag or wear patriotic outfits?  …she also added if you can’t physically attend this event please drive by and honk your horn in support of this protest?

IS IT TRUE that the Master TIF fund  that will supports the new downtown Hotel and IU Medical School projects declined by over 50% within one year, i.e. 3 million dollars?

IS IT TRUE Investment dollars are pouring into Haynie’s Corner which has long been an embattled area thought to have high potential for downtown living and entertainment?…Haynie’s has in the past been subjected to hit or miss public shots of cash that have had little impact?…this time things may be different?…the old Victorian House at 1112 Parrett is about to be home to a restaurant called “the Dapper Pig”?…that is all well and good but this house was bought by Evansville Brownfields in 2009 for $190,000 and subsequently sold for $30,000 in a deal that never closed when the cost to refurbish the house were found to exceed the value by a large amount?…what is offensive and non transparent about this new venture is that Evansville Brownfields is refusing to disclose the terms of the deal?…we strongly suspect that this secrecy is all about handing out a large amount of money to the entrepreneurs who are opening the restaurant?…what we would like to know is what do the people of Evansville get if and we must say if the new restaurant, the expanded Bokeh Lounge, apartments and town homes succeed?…we like the idea of Haynie’s Corner being safe and nice, what we don’t like is the redistribution of tax dollars into the hands of select individuals?

IS IT TRUE in another case of taxpayer fueled development, the old Roger’s Jewelry building is about to become a Mexican restaurant?…the Chamber of Commerce, the City of Evansville DMD, and some private patrons got together and held a contest to award someone a $270,000 prize package to start a restaurant?…we are pleased to see that a local resident won the contest and wish him well, but we do wonder what the people of Evansville will get from this so called “investment”?

IS IT TRUE the negative trending attached to the AA- bond rating assigned by S&P to the Water and Sewer Utility Bonds turns out to have happened prior to Mayor Winnecke’s proclamation that Evansville’s bond rating was great after the 2012 audit fiasco?…we therefore reverse our previous opinion and believe that the Mayor’s statement was intentionally misleading?…whether that was a lie or just being oblivious to the reality is a judgement we are not sure of?…there was a time when the Mayor and several members of the City Council were snookered by Earthcare Energy so the OBLIVIOUS tag may be the reality of our governance whether it is bond ratings or energy scams?

IS IT TRUE the most interesting development on a national stage over the weekend was the disclosure that the 30,000 “lost” emails at the IRS regarding Lois Lerner’s alleged inappropriate application of tax law toward non-profit agencies with conservative leanings?…it seems as though with our federal government that transparency has morphed into open covert tactics against American citizens?…we do not know what is in these emails but we suspect strongly that it will not reflect well on the IRS?…the unequal justice that seems to have been doled out by Lerner and covered up by her superiors is no way for tax policy to be applied in a place that calls itself “the land of the free”?…this as many other cases of lies and deceptions of recent history will be interesting to watch unfold?

IS IT TRUE Controversy over inflated Obamacare enrollment numbers has renewed demands for the administration to be far more open about sign-up data and other crucial aspects of the health care law?…it’s not just Republican opponents on the Hill insisting on change: Consumer groups, health experts and even strong Obamacare advocates are pushing for the administration to be more forthcoming?…Journalists have also voiced frustration over the lack of timely and complete enrollment reports from a White House that pledged to be transparent from day one?…fluffing the numbers by 400,000 dental plans to achieve the goal of 7,000,000 enrollees probably makes little difference in the big picture, but it is just another falsehood in a program that has been riddled with errors and lies from its inception?…we could have all dealt with 6.9 million out of a 7 million goal but Marilyn Tavenor and company must have felt compelled to get a couple of Pinochio awards to go with the ones the President and Gruber foisted upon the “stupid American voters”?

EPD Activity Report November 24, 2014

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.EPD Activity Reports

Two juveniles Arrested For Vandalism After Using Pellet Gun To Damage Moving Cars

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
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Evansville Police arrested two 13 year olds after several motorist had their cars vandalized as they drove through the area of N. Kentucky and Christ Rd. One of the victim’s had a car window shot out and at least one victim thought they heard gun shots.
The juveniles were spotted hiding near the scene and fled when an officer tried to talk to them. They were caught after a foot chase.
One of the juveniles had a pellet rifle and the other had firecrackers.
Police believe the juveniles were lighting the firecrackers as they shot the pellet gun.
There were three reported incidents in the area over a 90 minute period beginning around 10:00 on Sunday morning.
Anyone who was in the area today and believes their car was vandalized should call 911 and file a report.
The juveniles were arrested for Criminal Mischief and Resisting Law Enforcement. Both were placed at the Youth Care Center.

EDITORIAL: TIME FOR CITY LEADERS TO BE HELD ACCOUNTABLE

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The City County Observer would like to comment on the latest bit of news concerning the unwelcome surprises for the taxpayers of Evansville. We are referring to the conveniently politically timed distribution of letters styled by Water Superintendent Mike Duckworth informing 1,000 plus Evansville Water Department customers that when installing new “smart water meters” their water lines now have issues and leaks. Cost estimates to repair leaky water line were estimated to cost from $1,500 to $4,500 per water meter. This unexpected news is hitting at a time when many people are having a real struggle to pay utility bills, property taxes, home mortgages, put food on the table and meet other recurring monthly living expenses. 

We also have been told by highly reliable sources that the city has at least 5,000 + plus additional letters concerning water line issues and leaks scheduled to be mailed out. Our sources told us that city put a hold on mailing these letters out until another time because of the political fire storm the first mailing caused.  The CCO will stay turned and you should too.  Watch your mail because you just might get an unexpected Christmas card form the Evansville Water and Sewer department demanding that you spend money you don’t have for something you do not want.     
 
For the last 12 months ending September 30, 2014, the last information published by the City Controller’s office,  stated that Winnecke spent $756,000 per month more than he received in revenue, e.i. deficit spending.  Its important to point out an edict by the Mayor passed on to all City Department heads not to buy anything until the end of December 2014 because of financial shortfall.   We also heard that Mayor Winnecke borrowed 8.4 million dollars to shore up cash flow issues in September 2014 without the approval of the City Council.  Have your heard that the City Employees Healthcare fund as of September 30, 2014 is overdrawn by 2.9 million?
We have concerns about other questionable dealings by the present free-spending Winnecke Administration hand picked Evansville Redevelopment Commission.  DMD and the ERC are buying million of dollars of land,
storage buildings, apartment buildings, commercial buildings and old houses over appraised value and giving them away to select individuals without very little or any formal public advertising or bidding. Lets not forget the free-spending habits of the DMD and the Evansville Redevelopment Commission given away hundreds of thousands of dollars in loans and grants this year to select people.  The DMD and ERC are proving to be the biggest political patronage machine the Mayor has.
 
Remember the City’s recent controversial audits included a $29 million plug-in so the city books would be balanced, “iffy” plans for a convention hotel that is touted as a cure-all for our budgetary problems.  Lets not forget when the Winnecke Administration gladly handed a pre-payment of $200,000 to Earthcare Energy LLC. This loan which was given an unwarranted extension by the Mayors hand picked puppet board to avoid default.  Sources tell us that this loan is now in default.  We hear that so far no effort being made by this administration to collect  this defaulted loan. 

Nepotism, political patronage, and cronyism also add to the lack of confidence in our current leadership. More alarmingly, all of the questionable activity is not limited to one political party or the other. It looks to us that the “haves” from both parties have banned together to take advantage of the voters’ apathy. Haves in Evansville are collectively known as “the machine” in respectable circles. IN 2015 you have an opportunity to select new elected officials that are knowledgeable about business, independent thinkers, have energetic and creative leadership skills and believe in good public policy.  If Evansville is to recover from the present lapse of incompetency in the Civic Center. 
It is time to set aside party labels and old political feuds in order to bring our city honest and transparent leadership. We hope that they will emphasizes efficient delivery of basic services and foregoes the shiny things that the political insiders and special interest groups are profiting from.  We also need a balanced budget from an honest process that allows us to restore our “rainy day funds.”  It is up to an informed electorate to make this possible.
The City-County Observer believes that the 2015 election could be our last chance to clean up the political misdeeds of Evansville before it faces possible bankruptcy.  Its time we elect leaders that meet a high standard of honesty and integrity’  conservative values and transparency.  We also ask every citizen of Evansville to register to vote, stay informed and vote in the 2015 city elections.  We cannot afford another election cycle to be waged in the echo chamber of the status quo.
FOOTNOTE:  PLEASE TAKE TIME AND GO TO OUR READERS POLL AND VOTE.

Consumer counselor urges denial of Duke infrastructure plan

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Hannah Troyer
TheStatehouseFile.com

INDIANAPOLIS – Duke Energy should not be allowed to raise rates to pay for its $1.87 billion infrastructure and technology update plan, according to a state agency that represents customers.

The Indiana Office of Utility Consumer Counselor has recommended that state regulators deny Duke’s request, which is meant to improve service to more than 800,000 residential and commercial properties.

The consumer agency said Duke Energy’s testimony and exhibits supporting the proposal don’t include adequate cost estimates or project scope details that are necessary for a proper evaluation. That’s something Duke denies, saying its filings are detailed and meet the requirements of state law.

The company filed its proposed rate increase under a 2013 law that allows a utility to file a seven-year infrastructure improvement program with the Indiana Utility Regulatory Commission and implement rate increases to pay for it. The plan must detail proposed transmission, distribution and storage system investments and identify the impact of the plan on rates and charges.

Regulators are expected to conduct hearings on Duke’s plan before the end of the year.

Duke Energy Senior Communications Consultant Lew Middleton said the company strongly disagrees with the comments filed by the consumer counselor and will be filing its response soon with state regulators.

“In addition to the hundreds of pages of testimony and exhibits we have filed, we have responded to approximately 500 requests for data from the Consumer Counselor’s Office and other parties to the case,’ Middleton said. “We have filed comprehensive plans on proposals such as smart meters, including a detailed cost/benefit analysis.”

But Indiana Utility Consumer Counselor David Stippler said the agency found that Duke filings do “not meet the statute’s requirements, while also falling short of the standards established in previous cases involving the approval of other utilities’ plans.”

“The statute does not remove the obligation the OUCC and IURC have to review these plans,” he said. “At the same time, it does not promise rate increases to utilities that fail to provide adequate evidence.”

The consumer counselor’s office also said in its recommendation that the scope of the seven-year project and the large amount of consumer money involved makes adequate and detailed information crucial. And the agency said Duke’s proposals go beyond what’s allowed by law – including a vegetation management project, radio communication system replacements, and a $3 million energy learning center.

Duke Energy insists that the plan will do nothing but benefit its customers. The proposal promises fewer and shorter power outages through “self-healing” technology, meaning the company would be able to detect the power problem, isolate it, and reroute the power so fewer customers are affected.

The plan also eliminates monthly walk-by meter reads because the new meters can be read automatically.

“Today we still deliver power much like we did a century ago, but there’s technology now that can help utilities reduce power outages,” Duke Energy Indiana President Doug Esamann said in a statement. “With advanced systems, we can pinpoint problems faster and get the lights on sooner while providing customers with better information.”

Duke Energy has until Dec. 5 to file rebuttal testimony with an IURC evidentiary hearing scheduled to start in mid December. By law, the IURC must issue an order in the case by March 27.

Hannah Troyer is a reporter at TheStatehouseFile.com, a news website powered by Franklin College journalism students.

Felony Enhancement Reversed Because Woman Did Not Directly Cause Officer’s Injury

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Jennifer Nelson for www.theindianalawyer.com

The Indiana Court of Appeals on Friday reached a conclusion opposite from one reached by a previous panel of the court when the judges held a woman who was resisting arrest did not cause the officer’s injuries. The officer hurt his hand when he fell forcing the defendant to the ground.

Antwonna Smith was charged and convicted of Class D felonies theft and resisting law enforcement after she stole some items from a Meijer store. When police officer Rick Jones attempted to arrest Smith, there was a struggle. He pulled her arm and they fell to the ground. The fall scraped one of Jones’ knuckles and fingertip. Based on this injury, the state elevated Smith’s charge from a Class A misdemeanor to the Class D felony.

In 2006, a COA panel decided that a defendant “inflict” as used in the statute means “To cause (something unpleasant) to be endured, and therefore a person resists law enforcement as a Class D felony if, while committing the offense, he “causes someone to experience bodily injury,” Whaley v. State, 843 N.E.2d 1, 10-11 (Ind Ct. App. 2006).

“As we do not believe a person who is thrown to the ground necessarily ‘inflicts’ or ‘causes’ an injury suffered by the person who throws her to the ground, we decline to follow Whaley,” Judge Melissa May wrote in Antwonna Smith v. State of Indiana, 49A02-1312-CR-1015 .

“In the instant case, Officer Jones chose to halt Smith’s resistance by throwing her to the ground, and the officer was injured in doing so. Unlike Whaley, Smith did not create a scenario in which Officer Jones’ only option in handcuffing her was to remove her hands from a location in which he could not reach,” May continued. “As Smith did not inflict or directly cause Officer Jones’ injury, her conviction should not have been enhanced to a felony.”

Evansville Design Group to Present Grant Project for The Literacy Center

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The Evansville Design Group announced today that they will present the rebranding for this year’s Design for Good Grant recipient, The Literacy Center, on Tuesday, November 25 at 6:00 pm at the Arts Council of Southwestern Indiana. Attendees will learn about the history of The Literacy Center as well as the challenges in developing a modern, versatile logo and collateral pieces which will assist in bringing growth and awareness to this worthy cause.

“It has been an absolute pleasure working with so much creative talent,” said Literacy Center Executive Director Jennifer Wiggington. “The Literacy Center is very thankful for this group.”

The Evansville Design Group’s (EDG) Design for Good program creates an opportunity for local designers to collaborate and positively impact the community by assisting local non-profit organizations with a design project. Past Design for Good recipients include Aurora and Big Brothers Big Sisters.

“The Design for Good program was created to assist non-profits with their professional design and branding needs,” said Design for Good Chair Bryan Horstman. “Our goal is to build a design foundation which they will be able to utilize in the future. Design for Good is a fulfilling educational experience for the non-profit as well as for the designers.”

EVPL ranks among top libraries in nation

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The Evansville Vanderburgh Public Library has been named a Four Star library by Library Journal, placing it in the top 2.2% of public libraries nationwide. The EVPL has been nationally ranked in every edition of the Library Journal star rating index.

Each year Library Journal rates libraries across the country and assigns them star rankings. The EVPL’s four star rating makes it the largest library system with the highest ranking in the state of Indiana this year.

The Library Journal index measures four per capita areas that indicate public service, including circulation, visits, program attendance, and public Internet use.

IS IT TRUE November 24, 2014

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IS IT TRUE that one of the problems cited as justification to shove the Johnson Controls smart meters sneakily down the people of Evansville’s throat by former Mayor Weinzapfel was that too much water was “missing”?…the definition of missing in this context was water known to have been put into the pipes that was not showing up on anyone’s water bill?…given the location of the meter it is highly probable that all of the missing water is being squandered by decrepit pipes owned and non maintained by the City of Evansville?…just because the clown posse at the water department is managing a leaky vessel is no reason to take it out on the ratepayers who already pay for leaks in their own systems by virtue of the meter locations?…that the other missing water is the water that the City of Evansville purposely releases into the streets during dry periods to keep the decrepit pipes from drying out and leaking even more?…the bottom line is that the only way Johnson Controls math works is for people to pay higher bills and that is what we will be doing?…the other dirty little secret is that the projected life of these meters is less than the time it will take to pay them off?…what we have folks is a perpetual debt for slick new meters that accrued to the benefit of our former Mayor who bought the things by executive order?…of course the current Mayor and City Council let him get by with it?

IS IT TRUE we are pleased to congratulate the Mater Dei football Wildcats who are returning to the Indiana State Championship?…we wish them well in bringing another state championship home to Evansville?…there must be some good football water in those west side pipes as Reitz and Mater Dei always seem to field exceptional teams?…in keeping with the football theme, Evansville’s closest Division 1 football program, the Louisville Cardinals went into South Bend for the first time and defeated the Notre Dame Fighting Irish on their home turf?…it was a well fought game that came down to a missed field goal with a minute to play?…according to the ABC crew calling the game this was only the 5th time in 128 years of Notre Dame football that a first time opponent walked away from a South Bend with a victory?

IS IT TRUE the proposal made by City Council members Missy Mosby and Jonathan Weaver to act as a bank for people who can’t afford to do unneeded repairs to their water lines to accommodate the unwelcome Johnson Controls smart meters may cost the City of Evansville some serious money up front?…if out of the some 6,000 customers who were slated to receive the controversial “fix it or pay” letters all accept the financing deal Mosby and Weaver are proposing, the tab to the City to front this deal could easily amount to $10 million?…that is easy math assuming 5,000 repairs at an average of $2,000 each?…it could have a high of $30 million in a worst case scenario so we must ask “where on earth is a city that is struggling with debt and scrounging for boat money going to get these funds?”…we guess that another bond issue of 8 figures will be required at 5% interest to cover the up front cost of this proposal?…we bet this is a non starter if anyone on the City Council has a command of 3rd grade arithmetic?

IS IT TRUE…with the next session of the Indiana Legislature preparing to convene the City County Observer would like to inject some ideas that reflect good public policy on the state level?…the law prohibiting the sale of automobiles on Sunday is archaic and cost the states businesses money and cost the state tax dollars?…the ban on selling alcohol which traces back to prohibition also costs the state tax dollars and encourages over buying on Saturday night?…allowing casinos on water (or land designated to be water) is just stupid?…as it has been proven locally the cities of Indiana do not have the resolve to protect the public health of their citizens with a smoking ban so the state is the only hope to eliminate one of the biggest contributors to the misery index?…in the name of good public policy, the State of Indiana should allow all things to be sold equally on Sunday including gambling and enact a statewide smoking ban?…taxes with increase and public health will be promoted if a way to do these simple things can be found?

FOOTNOTE : PLEASE GO TO OUR “READERS POLL” AND VOTE.

Vanderburgh County Recent Booking Report

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http://www.vanderburghsheriff.com/recent-booking-records.aspx

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