 SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
 DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
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Vanderburgh County Recent Booking Records
IS IT TRUE…. WEEKEND
IS IT TRUE that the leadership area “SmokeFree” group can’t  get an appointment with the Mayor of Evansville until mid March?  …the reason given was the Mayors schedule is full until that time?
IS IT TRUE we are wondering what the status for Comp Time Bank Buy-Out option for members of the Evansville Fire Department?
IS IT TRUE that Evansville City Council had nothing to do with the city deciding not to fund Comp Time Bank  Buy-Out option for the Police Department in 2014?  … the only cuts City Council made had to the 2014 City Budget had to do with COLA increases, Capital Improvement projects and not cuts in wages, employee benefits or overtime funding issues?
IS IT TRUE that a review of the City of Evansville legal fees paid in 2013 and recently submitted to the CCO by the City of Evansville shows that at least $3,035,930 was paid by the City of Evansville to attorneys for legal services performed on its behalf in 2013?
 IS IT TRUE that at least $1.3 million was paid to the law firm of the Ziemer, Stayman, Weitzel & Shoulders, LLP for legal services as corporation counsel for the City of Evansville in 2013?  …this figure doesn’t include other Boards or Agencies legal work proformed by Ziemer, Stayman, Weitzel & Shoulders for Area Plan, DMD or the Airport Authority District?
IS IT TRUE that Faegre Baker Daniels, the law firm employing former City of Evansville Mayor Jonathan Weinzapfel, received legal fees of at least $924,644 for services in 2013?  …we are stunned to see that nearly 1/3 of the legal fees paid by the City of Evansville in 2013 went to the law firm employing former Mayor Jonathan Weinzapfel?
 IS IT TRUE that the City of Evansville also paid the Indianapolis law firm of Barnes & Thornburg, LLP the sum of $611,097 in legal fees in 2013?  … that nearly half of the legal fees ($1.5 million) paid by the City of Evansville in 2013 were paid to law firms with their main offices located in Indianapolis, not Evansville?
IS IT TRUE Â you should read next weeks IS IT TRUE section for similar information that we have obtained from our Freedom Of Information Requests to the City Of Evansville?
VICTORY THEATER SHOWS SUBSTANTIAL LOSS IN 2013
The City Of Evansville has posted  substantial losses for the operation of the VICTORY THEATER for 2013.  VENUWORKS reported that the operating income for 2013 the Victory Theatre was $583,206.  They also reported that that the Victory Theater operating expenses for 2013 were $926,263.  The reports cites that the Victory Theatre losses for 2013 was a whooping $343,057.  No explanations were given in the financial report how the financial short falls (losses) were subsidized.  Calls to local VENUWORKS executive  Scott Schoenike  went unanswered.
VENUWORKS 2013 FINANCIALS REPORT FOR VICTORY THEATRE
                                 Actual                   Budget
                                  FY2013                  FY 2013
                                   Total  Operating Revenue
   Event Related Revenue                $507,922                  $318,248
  Food & Beverage                       $75,284                     $40,30
  Total Operating Revenue             $583,206              $358,548
                                     Total Operating Expense
 Event Related Expenses                $   121,434                 $    9,586
  Food & Beverage Expenses             $     15,386                 $    8,588
  Personnel Full & Part Time             $   290,806                 $  279,749
   Personnel Taxes & Benefits             $    48,818                  $   63,082
   Operating Expenses                    $   236,118                  $  152,696
    Utilities                               $    216,701                 $  214,300
    Total Operating Expenses             $926,263               $728,001
     Net Operating Profit                 $(343,057)              $(369,452)
FORD CENTER SHOWS BIG LOSS FOR SECOND YEAR IN ROW
 For the second consecutive year the a substantial loss has been announced by Venuworks for the operations of the Ford Center. The Ford Center financial report states that operating income for 2013 was $8.5 Million. The Ford Center expenses were stated to be about $7.5 million.  The annual report cites extremely high utilities and labor costs is hurting the Ford Center bottom line. It also warned that the City needs to be aware that the Ford Center budget has no long-term  plans in the capital budget to make major repairs.  One of the major operating costs added to the  over all operating costs for the Ford Center was a 1.48 million expense incurred due to the contract with the Evansville-Vanderburgh County Building Authority.  These charges were for repairs, maintenance, security, traffic control, and utilities.  The $474,077 financial shortfall was paid by the city.  Posted below is the FORD CENTER 2013  financial statement.
                    VENUWORKS FINANCIAL STATEMENT FOR FORD CENTER 2013
                                          Actual         Actual               Budgeted
          Operating Revenue               FY 2012         FY 2013             FY2013
Event Related                     $ 3,613,803      $ 3,918,445          $ 2,743,993
Food & Beverage                  $ 2,706,546      $ 2,791,674          $ 2,689,500
Suites & Sponsorships             $ 1,734,242       $ 1,862,970          $ 1,440,320
       Total Operating Revenue            $ 8,054,591      $ 8,573,090        $ 6,873,813
                                                Operating  Expense
                 Event Related Expenses        $ 2,364,775       $ 2,565,872        $ 1,476,500
 Food & Beverage Expenses      $ 824,895       $ 839,659        $  752,410
     Personnel Full Time              $ 1,008,820       $1,010,005         $ 1,089,750
      Personnel Part Time                $ 844,141        $ 820,717        $ 726,300
  Operating Expenses                  $ 1,343,160        $ 1,409,381        $ 1,184,923
    Utilities                            $ 349,645        $ 554,687         $ 648,000
Total Operating expenses            $ 7,025,974       $ 7,559,599       $6,285,222
NET OPERATING PROFIT Â Â Â Â Â Â Â Â Â Â $ 1,028,616 Â Â Â Â Â Â Â $ 1,013,491 Â Â Â Â Â Â $ 588,591
ECHO HOUSING CORPORATION USED TIF MONEY FOR AN EXTERIOR MURAL
IS IT TRUE that the Evansville Redevelopment Commission is spending the funds coming into the Jacobsville TIF District like drunken sailors? …by doubling the size of the Jacobsville TIF last year,  tax revenue for 2014 will near $1.4 million?
IS IT TRUE two bond requests will soon be presented to City Council by ERC in the near future that will create two bond payments of approximately $120,000 for 20 years and $1 million for 25 years?  …the combined TIF bond repayment will eat up the majority of the Jacobsville TIF revenue over a short period of time?
IS IT TRUE of the nearly $14.5 million being borrowed by ERC for the Jacobsville North Main project, $1.5 million will be used to incentivize Haier American to locate in Jacobsville, salvaging nearly 50 jobs that were lost with the remnants of Whirlpool closing its doors?  …the remaining $13 million will be used to redo the 20 blocks of North Main, which is primarily for the addition of trees, improved lighting, new side walks and a two-way protected bike lanes?
IS IT TRUE  ERC also plans to take away curbside parking from one side of the commercial corridor?  …it’s unbelievable that the ERC would waste so much tax money on these projects while ignoring the obvious barriers to positive commercial development along North Main, which are neighborhood blight, crime and a broken infrastructure in every direction that leads to the North Main Street corridor is astounding?
Is it true that the ERC recently gave nearly $32,000 grant to ECHO Housing Corporation to paint flowers on the side of a building and is planning to give another $50,000+ to ECHO Housing Corporation for an artist’s version of a new bus shelter in front of the McDonald’s on North Main?  … even greater waste of tax payer dollars comes from the ERC’s recent approval of the purchase of the old Integra on North Main for $247,000 so that it could be torn down (at an additional cost) for possible off street parking? …but purchasing the old Integra is chicken scratch compared to the $562,000 the ERC board just approved to buy the old CVS on North Main so that it could be gifted to some lucky entity or torn down for off street parking?
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?
Disclaimer
*Â Mural used above is not the one currently on the building.
Hemp legalization bill moves to full House
By Antonio Cordero
TheStatehouseFile.com
INDIANAPOLIS — The legalization of the production of industrial hemp is a step closer to reality after the House Agricultural Committee passed an amended bill Tuesday.
Industrial hemp can be used in a variety of ways, including the production of fuel. This is becoming a major issue in light of the higher levels of ethanol fuels will contain after the second generation of fuels comes around.
Currently, E-10 type of fuel, which contains up to 10 percent of ethanol, is the most common across the state. But a new type of ethanol fuel is set to be released – E-15 contains 50 percent more ethanol than E-10, which could potentially damage cars not meant to run on it.
The committee amended the bill in order to provide liability protection for the fuel industry in the event consumers accidentally use the wrong fuel in their cars.
“This amendment is common sense. It helps Indiana make fuels reach the marketplace. As I said it gives the station owners peace of mind knowing that they’re protected in the event that a consumer puts an incompatible fuel in their vehicle, which could happen today with other types of fuels,†said Dave Hudak, Secretary Treasurer of the Indiana Ethanol Producers Association.
It’s not just a local push – 10 other states have passed similar legislation, and Congress is also working to legalize industrial hemp at a federal level. Senator Richard Young Jr, D-Milltown, warned other lawmakers of the negative consequences not passing this bill could bring.
“That’s one of the reasons we need to be very concerned , so that we don’t find ourselves left out of the opportunity not only from an agricultural point which is very important to our state being one of the largest agricultural states and having a large part of our economy come from agriculture, but also for Indiana, we are the largest manufacturing state in the nation, and this industrial hemp provides tremendous opportunities for our manufacturing industry and in all these sectors that means jobs.â€
Bob Kraft, representing the North American Industrial Hemp Council agreed.
“Other states are positioning themselves to take advantage and to put their farmers in the position to take advantage of an opportunity that will occur when, not if, but when the federal government decides to lift its prohibition,†Kraft said. “And it makes no sense at all for the state of Indiana to preclude our farmers from positioning ourselves to be able to take advantage of that opportunity.â€
Hemp is also used for medicinal purposes. Cannabis Component Cannabidiol, also known as CBD, can be used as an anti-inflammatory to the brain and body. According to two Indiana mothers, clinical studies show CBD is one of the most effective tools in the treatment of Dravet Syndrome, a condition that causes severe seizures, a syndrome their sons suffer from.
Miriah Mershon and Brandy Barrett, emotionally expressed their hope the bill would become law.
“I just want that opportunity. I want the opportunity to try this on my son. This is a genetic condition that was not inherited. It was not caused by an outside factor, it just happened,†Mershon said.
Barrett agreed.
“We now know that it is possible for Noah and for others to see progress. It has been shown that if seizure activity can be decreased or stopped, the brain has time to heal and rewire,†she said.
The bill now goes to the full Senate for consideration.
Commentary: Indiana and the NRA, a love story
By Dan Carpenter
TheStatehouseFile.com
INDIANAPOLIS – It’s high time the National Rifle Association held its annual convention in Indianapolis. Lord knows the Indiana General Assembly, with encouragement from the governor’s office and little resistance from cautious public officials in the Circle City,
Dan Carpenter is a columnist for TheStatehouseFile.com and the author of “Indiana Out Loud.â€
has earned the honor.
Long ranked as one of the loosest states for gun traffic by federal authorities and firearms control advocates, Indiana has widened the lanes in recent years as its Republican majority has grown more reactionary and special interests such as the NRA have ratcheted up their influence.
Good to see it’s generated tourist dollars. Hard to see much sense in it otherwise.
You’d think there might be some soul-searching from a state that’s tagged by the feds as a major exporter of guns used in crimes elsewhere, owing to its exemption of “private†sales from background checks and its lack of caps on the number of weapons that can be purchased at one time.
You might hope that a gun-rich state would take mass shootings in schools and workplaces as a hint to try some approach other than expanding the “right†to bring guns in one’s car to schools and workplaces.
You might expect a tough-on-crime state to respond to news reports of felons’ wrongfully obtaining gun permits in some way other than closing off the record of those permits to the public.
You might wonder why any state government facing a crisis of urban violence, such as that in Indianapolis, not only would ease restrictions on where guns can be carried but actually would forbid local governments from making their own rules in that regard.
You would not be familiar with how the mind of Indiana governance works.
What’s a stain of shame to many of us, including such radical incendiaries as police chiefs and emergency room physicians, is a badge of honor to the majority of our legislators, along with Gov. Mike Pence and his predecessor, Mitch Daniels.
Gun control is anathema to both those men; Daniels stamped his bona fides by opening state parks to firearms and Pence reacted to the Sandy Hook massacre by saying, in effect, don’t get carried away.
This was shortly after his election victory over Democrat John Gregg, who made sure voters knew he was “Bible-quotin’ and gun-totin’.†It is tough out there for Moms Against Guns, I’m here to tell you.
The list of favors to the gun lobby and Second Amendment fanatics is long and always lengthening; but the topper has to be the law enacted late in Daniels’ administration permitting householders to use force against any police officer or other public agent they believed to be unlawfully entering their home. This daft and potentially deadly sop to the fantasy frontier spirit came in response to an Indiana Supreme Court ruling against a man who’d fought with invading police. If they’re wrong, the court said, you have to complain or sue later; you’ve no inherent right to get physical.
A tough call; the only call, when you think about it. But when it comes to guns, the thinking over there seems to have all the range and focus of a sawed-off shotgun. I mean, talk about Stand Your Ground. This threatens the lives, not of annoying teenagers, but of cops and mail carriers. Just how conservative is that?
Providentially, no upstanding, licensed, rage-crazed homeowner has tested the home-is-your-castle law so far. And to our relief, much of the other gun legislation is mostly symbolic as well. Nobody has been checking Dad’s trunk when he’s come to pick up Junior; and if a House bill now pending passes as expected, nobody will be allowed to. It’s simply one more endorsement of a gun culture and a gun lobby that have made our communities a mine field that no number of gun control laws ever could sweep clean even if three ghosts visited the Statehouse tonight.
Praise the Lord and pass the ammunition, rightful Hoosiers. The way this legislature figures, you make us safer wherever you tote.
Oh, uh, but the Statehouse is off limits, of course.
Dan Carpenter is a freelance writer, a contributor to Indianapolis Business Journal and the author of “Indiana Out Loud.â€
ICYMI: The Latest ObamaCare News
Dr. Bucshon comments on ObamaCare delay –Â On Monday, Congressman Larry Bucshon, a physician from Southern Indiana, released the following statement after the Administration again unilaterally delayed part of ObamaCare. (2/10/14)
Manchin: Just Delay the Whole Law till 2015 – As he was headed to the Democratic caucus lunch yesterday, Senator Joe Manchin had strong words about the president’s extension of the employer mandate deadline. “You’re just picking and choosing,†the West Virginia Democrat said of the administration’s decision. “First it’s basically the large employers, then it’s medium groups, then it’s 50 to 100 — medium-sized. If there’s a problem, there’s a problem.†(National Review; 2/12/14)
ObamaCare Raises Medicaid Cost as Insurers Shift Tax Bill –Â Health insurers told to pay $150 billion in taxes over a decade to help fund ObamaCare are now shifting at least part of that cost back to taxpayers. (Bloomberg; 2/12/14)
The Whatever President – We were told that President Obama would wield his executive power this year to defy Congress. Instead, he is defying his own health-care law. The Obama administration announced this week it is delaying and changing the law’s employer mandate, the latest in a series of seat-of-the-pants revisions to ObamaCare. The president was eager to highlight steps he was taking to bypass Congress in his State of the Union last month, but left this one out. If he had demanded congressional action to delay the employer mandate, he surely would have gotten a bipartisan bill on his desk forthwith. Maybe we should revise his call for executive unilateralism in his speech: “If Congress will act … I still prefer to act on my own.†(Politico; 2/12/14)
New delay ensures ObamaCare to be issue in 2014, 2016 elections –Â President Barack Obama on Tuesday defended his administration’s latest decision to delay an aspect of the Affordable Care Act, saying the move was about “smoothing out” the health care law’s rocky implementation. Obama acknowledged that “challenges” exist in implementing the massive Affordable Care Act. (CNN; 2/11/14)
ObamaCare patients may encounter fewer doctors, longer wait times – Those who signed up for ObamaCare or were forced into it now are learning they’re going to face some nasty surprises when they seek care. “Many consumers ended up purchasing a plan through the exchange, thinking it would cover their normal set of physicians, and hospitals,” says Jim Capretta of the Ethics and Public Policy Center. “Now as they are using services, they are figuring out that they don’t.†(Fox News; 2/11/14)
California’s Physician Directories Removed Because of Errors - The California health care exchange has taken down its physician directories, amid continuing complaints from doctors and patients alike that the lists of doctors and hospitals included in each insurance plan were error-riddled and unreliable. Since the October rollout of Covered California, inaccuracies have posed countless problems: The lists described doctors as fluent in languages they did not speak; obstetricians were labeled as ophthalmologists; and physicians were falsely listed under insurance plans that did not cover care at their offices. (The New York Times; 2/10/14)
COA affirms the voiding of $500,000 default judgment against American Legion post
A Marion Superior court correctly set aside default judgment against an American Legion post after finding the method employed to serve process on the organization was not the best way to inform it of a woman’s lawsuit, the Indiana Court of Appeals ruled.
Mary L. Anderson slipped and fell on property owned by the Wayne Post 64, American Legion Corp. in June 2010. She sued and received a default judgment of $500,000 in 2012 when the American Legion failed to appear or respond to the complaint.
American Legion moved to set aside the default judgment, arguing it was void because Anderson had not served her complaint on it, so the court did not acquire personal jurisdiction over the organization.
Anderson had a Marion County Sheriff’s deputy leave a copy of the complaint and summons at 601 S. Holt Road, the registered address of Robert Eakins, the registered agent for the organization. But the deputy left the copy at the door of an outbuilding to the post instead of at the main building. Ken Cooper, the current registered agent for the American Legion, testified that the location of the door would make it difficult for someone to notice anything left there, and that it could have easily been blown away.
The sheriff’s deputy also mailed a copy of the complaint and summons by first class mail to the address.
Marion Superior Judge Heather Welch overturned the default judgment finding it void because of insufficient service of process. The Court of Appeals agreed.
“There is no question that Anderson failed to serve the American Legion in a manner authorized by our Trial Rules,†Judge Edward Najam wrote in Mary L. Anderson v. Wayne Post 64, American Legion Corp., 49A05-1309-CT-442. He noted that the copy of the summons and complaint should have been mailed by registered or certified mail, which requires acknowledgement of receipt, as outlined in Rule 4.1(A)(1). In addition, the sheriff’s deputy did not serve Eakins personally as required under Rule 4.1(A)(2).
The judges rejected Anderson’s claim that her attempt to serve process was still adequate. The deputy did not leave the summons and complaint in a place or with a person reasonably calculated to apprise the American Legion of her lawsuit against it, let alone employ a method that was better calculated to give notice than the methods authorized by the Trial Rules, Najam wrote.
Evansville Police Reports Policy Change Concerning Victims Privacy
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
 DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
 As most of you have noticed, the recent media reports have not included the names of the victims or the incident locations. The change was made after several victims voiced concerns about their privacy. Their concern was their info being made available to the suspect or associates of the suspect. We felt their concerns were legitimate enough to warrant the change. After the changes were made, we realized the impact it was having on keeping the community informed about events in their neighborhoods. While we do not want to ignore the concerns of crime victims, we feel that the public is better served by having access to the information that we had traditionally sent out. Because of that, we will be returning to our original format.
There will still be certain information redacted as there always has been. Those cases include death investigation victims, sexual based offense victims, juvenile victims, and individuals involved crisis intervention incidents. The information made available when you request a report will remain the same.
I have included an updated report for today
Sgt. Jason Cullum