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City Announces Backflow Preventer Testing

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The Indiana Department of Environmental Management (IDEM) requires municipal water suppliers to develop and implement a comprehensive cross connection control program for the elimination of existing cross connections and prevention or protection from all future cross connections.

A requirement of the program implemented by the Evansville Water and Sewer Utility is to track all backflow preventers that may be located on city water systems. The purpose of a backflow preventer is to allow city water to be used at water utility customer locations, but not allow that water to come back into the distribution systems. They are in essence check valves that only allow water to flow in one direction.

Backflow preventers are located on water connections throughout the city, including most commercial and industrial establishments. Many residential customers also have backflow preventers, but may not be aware. Backflow preventers may be located on fire protection systems, lawn irrigation systems, boiler systems, swimming pools and more.

According to Indiana Plumbing Codes and IDEM regulations, backflow preventers must be tested annually by a certified Backflow Prevention Assembly Tester. Locally, fire sprinkler companies and/or plumbing companies may have certified testers on-staff. Testers will enter the test results on the city’s new eco-friendly online backflow tracking system. Additional Backflow Prevention Assembly Testers are needed. If you are certified Tester, please register free at www.TrackMyBackflow.com.

Aqua Backflow, a cross connection control management firm based in Elgin, Ill., has been hired to implement and oversee Evansville’s cross connection control program. Municipal and Military customers throughout the country utilize the services of Aqua Backflow.

If you require backflow protection, testing, repairs or installation, contact Aqua Backflow or Regulatory Compliance Officer Jeff Merrick toll-free at 866-777-2124. The Evansville Water & Sewer Utility can be reached at 812-428-0548.The Evansville cross connection control program is designed to safeguard public health. We ask for your cooperation with our program and enforcement.

Clean Evansville Targets Areas in Ward 2 for February 1 Clean-Up

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 cityofevansville

Clean Evansville Volunteers will target areas in Ward 2 on Evansville’s Eastside during the monthly trash pick-up this Saturday, February 1, from 9 to 11 a.m. The teams will gather at locations near the intersection of Washington Avenue and Boeke Road.

Teams will start at the intersection of Washington and Weinbach avenues and move east on Washington Avenue towards Villa Drive. Other teams will begin working in the Lorraine Park area as well as the area surrounding Ross Center.

Teams will meet at the parking lot at Lorraine Pool to deposit trash collected during the clean-up. Clean Evansville partners with Republic Services to depose of the trash, and Keep Evansville Beautiful coordinates volunteers for the monthly clean-ups. Anyone interested in joining or forming a team should call KEB at 425-4461.

7th Circuit: Marathon owes more for abandoned locations

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by Dave Stafford for www.theindianalawyer.comindianalawyer

Owners who leased properties in Michigan and Indiana that were used as Marathon gas stations – some of which were neglected, abandoned and condemned while Marathon leased them – will be paid more than the $269,000 a District judge in Fort Wayne awarded.

The 7th Circuit Court of Appeals opened the door for a greater judgment against Marathon for claims that began with its environmental cleanup of underground gas storage tanks at fewer than a dozen locations where it did business. Contract terms called for Marathon to remove underground tanks and return the properties as near as possible to their prior condition.

But Circuit Judge Richard Posner wrote for the panel that locations in Adrian and Michigan Center, Mich., were abandoned and ordered condemned while Marathon was still paying the lease. District Judge Theresa Springmann of the Northern District of Indiana wrongly denied double damages permitted under Michigan law governing the doctrine of waste and erred in dismissing other claims, the panel ruled.

The “contract and waste claims concerning these buildings should not
have been dismissed,” Posner wrote for the panel in Bitler Investment Venture II, LLC, et al. v. Marathon Petroleum Company LP, et al., 12-3722.

“So the judgment awarding damages for waste regarding the four Michigan properties is vacated with directions to the district court to double those damages,” Posner wrote, which would result in an award of $538,000. “(T)he dismissal of the contract and waste claims relating to the buildings on the properties in Adrian and Michigan Center is reversed and that aspect of the case is remanded for trial.”

The plaintiffs argued Marathon’s breach of lease and committing waste on the properties were guided by anti-competitive motives. Plaintiffs sought damages in excess of $9 million in litigation that also included a commercial property in Angola, Ind.

House passes bill to end employment discrimination for veterans

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By Danielle Faczanstatehouse_logo_final-graybackground-003-1

TheStatehouseFile.com

INDIANAPOLIS – A bill to end employment discrimination against veterans unanimously passed the House on Tuesday.

House Bill 1242 would make it illegal to refuse a person employment based on veteran status, either because they are a U.S. Armed Forces veteran, a member of the Indiana National Guard or of a reserve component.

Rep. Martin Carbaugh, R-Fort Wayne, said the bill was personal because he has a friend who served on the frontlines in Iraq in 2003. While his friend was able to obtain a job eventually, he did experience some discrimination for being a veteran, Carbaugh said.

“A lot of companies are looking for veterans to hire, and rightfully so,” Carbaugh said. “But there are some – and I don’t know why, I can’t figure it out – they are discriminating against our (veterans), against our reserves that are willing and able to serve us right now. I think that’s wrong.”

Rep. Karlee Macer, D-Indianapolis, one of the bill’s co-authors, said she was “shocked and saddened” during her research into how many veterans have been discriminated against.

“These men and women fight for our freedom and it’s ridiculous that anyone would not want them to be employed at their business or company,” Macer said. “I want to thank all the veterans, men and women, who have done their jobs for us and I would like us to do our jobs for them.”

Danielle Faczan is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

Police would need warrant to monitor cell phones with Stingray device

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By Ally Marlow
TheStatehouseFile.com

INDIANAPOLIS – An Indiana legislator wants to make it illegal for police to use the Stingray – a device capable of wirelessly monitoring cell phones – without a warrant.

There is currently no law limiting the police and government from obtaining civilian cellular information. The Stingray is capable of downloading and monitoring calls, texts, pictures and apps – virtually all data coming to and from a cell phone – without the person ever knowing.

Sen. Brent Waltz, R-Greenwood, authored Senate Bill 64 because he said he was scared by the possibilities of the Stingray and doesn’t believe the new technology is “right.”

He said there’s no hard evidence this is a problem in Indiana, but other states have abused the technology. He cited an incident in Florida where the Miami County Sheriff’s Department gathered all of the information of demonstrators during a public protest.

“That’s disturbing,” Waltz said. “The simple Libertarian in me says there ought to be something done to prevent that.”

The restrictions would not apply if the police were given consent by the individual or if it is believed the device was involved in a crime.

But the bill would apply to someone at a routine traffic stop. That would protect a person who has been accused of a traffic violation from having to give up all the private information on their phones.

“The danger with this device is that there’s no paper trail,” said Evan McMahon, the 7th District representative for the Libertarian Party of Indiana. “There is no record, there was no search warrant, there’s nothing to say ‘we accessed your cell information.’ There’s nothing to say who has accessed, when it was accessed, or why it was accessed.”

SB 64 passed unanimously and now moves to the full Senate for consideration.

Ally Marlow is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

 

Preservation tax credit gets makeover in House bill

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By Erika Brock
TheStatehouseFile.com

INDIANAPOLIS – The House is set to consider legislation that would shift the state’s historical preservation tax cut program into one that relies on grants instead.

House Bill 1215 – authored by Rep. Ed Clere, R-New Albany – would originally have expanded the tax credit from $450,000 to $10 million a year, an effort to boost its effectiveness and create move incentives for preservation projects.

But in the House Ways and Means Committee this week, lawmakers stripped the funding out of the bill and replaced the tax credit with a grant program.

Ways and Means Chairman Tim Brown, R- Crawfordsville, authored the change.

“We have not been doing a very good job with the current tax credit,” Brown said. “Tax credits decrease revenue coming into the state. The idea going forward is so we can have an honest balanced budget is to really look at this as an expense to the state.”

The current program – administered by the Department of Natural Resources – is backlogged because the tax credit caps at $450,000 per year. That means some projects approved for the program have been completed but can’t claim the tax credit until 2023. Supporters of a program expansion say that gives few incentives for investors to restore historic properties, especially since many of them are private developers.

Clere and other supporters of the program have been working to change that. Last year a similar bill failed in the Senate.

“This bill is important because it is focused on Main Street Indiana,” Clere said. “Every community large and small has historical building that were once part of the economic life of the community and could be again.”

Brown said he had tried in the past to increase the tax credit but said the state needed to get rid of the outstanding credits first. He starting over with a grant program cleans “the ledger sheet so to speak.”

Amy Levander, a lobbyist for Indiana Landmarks, a historic preservation group, said she is concerned about changing the bill from a credit to a grant because Brown included no funding in the bill. That means the program would compete against the state’s other spending needs next year, when lawmakers write the next two-year state budget.

Levander said she would to see a study between sessions so the lawmakers can look at the implications of having a grant program versus a tax credit program.

“We are open to looking at options for putting in place something that will maximize and state tax dollars to stimulate redevelopment in historical properties around the state,” Levander said.

The bill now moves to the full House for consideration.

Erika Brock is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

Pence declares energy emergency, steps to ease propane shortage

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By Ryanne Wise

TheStatehouseFile.com

INDIANAPOLIS – Gov. Mike Pence declared an energy emergency Wednesday as he discussed his plans to help Hoosiers during the state’s propane shortage.

Lt. Gov. Sue Ellspermann addresses the effect on agriculture during the statewide propane shortage at a press conference Wednesday afternoon.

Lt. Gov. Sue Ellspermann addresses the effect on agriculture during the statewide propane shortage at a press conference Wednesday afternoon.

Pence suspended limits on loads for propane suppliers and directed state agencies to work with the Indiana Motor Truck Association to expedite permit applications and waive fees on overweight loads carrying propane.

“These actions will help propane suppliers run at full capacity,” Pence said.

The announcement was followed by the release of $5 million of Low Income Housing Energy Assistance Program funds. The funds will go to local service providers. The LIHEAP benefits for those in need will also increase from $400 to $550 through the end of March.

Pence also extended an emergency proclamation he made at the beginning of this month that lifts some restriction on the number of hours propane transporters can work. The extension will last until March 1.

The governor recently ordered roughly 575 light-duty Department of Transportation trucks to begin using alternate fuel to help conserve propane.

“They have been using unleaded gasoline since last week,” Pence said. “With the expectation of more winter weather around the corner, let me note that this change has no impact on our ability to keep our roads passable and clear snow as this difficult winter continues.”

Pence said that he was still looking to see if anything else could be done to help Hoosiers.

“Our administration is going to continue to pursue every avenue available to us to help Hoosiers through this severe shortage in propane during this difficult winter,” he said.

Pence also urged residents and businesses to do what they could to preserve propane, including turning down thermostats when they leave homes and buildings and using alternative fuel sources if possible. Pence asked for residents to help others when they could.

“I’m going to urge Hoosiers to do what Hoosiers do best. This is just the right time for us to come alongside our neighbors and friends who might be struggling with the high-energy costs or the shortages precipitated by the circumstances in the propane market,” Pence said.

Hoosiers concerned about price gouging by propane companies or broken contracts should call the attorney general’s office at 317-232-6201. Those in need of resources during the shortage can call 211.

Ryanne Wise is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

Jeton Hall Sentenced to 40 Years

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nick herman

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

Jeton Hall plead guilty as charged to Burglary Resulting in Bodily Injury – A Felony, Criminal Confinement – B Felony and Theft – D Felony on December 09, 2013.

Today in court, Judge David Kiely sentenced Hall to 40 years in the Indiana Department of Corrections for his role in a February 2012 Home Invasion.

Hall’s Co-Defendants, Dezmont Hogan and Eric Weston Dunn have already been sentenced. The final Co-Defendant, Nalakeio Bennett will be sentenced February 03, 2014 at 1:30 P.M

For further information on the case listed above, or any pending case, please contact Kyle Phernetton, Director of Public Relations at 812.435.5688 or via e-mail at kphernetton@vanderburghgov.org.

 

Under Indiana law, all criminal defendants are considered to be innocent until proven guilty by a court of law.

 

VANDERBURGH COUNTY FELONY CHARGES

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nick herman

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

Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Tuesday, January 28, 2014

 

Misery Cadet Possession of Marijuana-Class A Misdemeanor

(Enhanced to D Felony Due to Prior Convictions)

 

Brandon Cooper Possession of Marijuana-Class A Misdemeanor

(Enhanced to D Felony Due to Prior Convictions)

 

Matthew Davis Child Molesting-Class A Felonies (Six Counts)

Possession of Marijuana-Class A Misdemeanor

Possession of Paraphernalia-Class A Misdemeanor

(Habitual Offender Enhancement)

 

Arnetta Hazelwood Unlawful Possession or Use of a Legend Drug-Class D Felonies (2 Counts)

Theft-Class D Felony

Resisting Law Enforcement-Class A Misdemeanor

(Habitual Offender Enhancement)

 

Lusta Johnson Operating a Motor Vehicle after Forfeiture of License for Life-

Class C Felony

Resisting Law Enforcement-Class D Felony

Resisting Law Enforcement-Class A Misdemeanor

Failure to Stop after Accident Resulting in Non-Vehicle Damage-Class B Misdemeanor

 

James Lowe Burglary-Class B Felony

Theft-Class D Felony

(Habitual Offender Enhancement)

 

Daniel Newton Theft-Class D Felony

 

 

For further information on the cases listed above, or any pending case, please contact Kyle Phernetton at 812.435.5688 or via e-mail at KPhernetton@vanderburghgov.org

Under Indiana law, all criminal defendants are considered to be innocent until proven guilty by a court of law.

IS IT TRUE January 29, 2014

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IS IT TRUE January 29, 2014

IS IT TRUE that we have all seen or heard about the new name that the performing arts center formerly known as The Centre?…most are even aware that the Vanderburgh County Commissioners signed a naming rights deal with Old National Bank for UP TO $14 Million?…the reality of the situation was made very clear yesterday when the City County Observer published the agreement and the minutes of the meeting that the deed was ratified by a 3 – 0 vote by Commissioners Abell, Melcher, and Kiefer?…the taxpayers of Vanderburgh County are not getting a red cent for the naming rights?…ONB may be making an investment of UP TO $14 Million in a new downtown convention hotel?…for that investment they will find some sneaky but legal way to own a proportional share of the hotel with all of the rights and responsibilities that ownership brings?…our County Commissioners actually gave  ONB roughly a million dollars worth of tickets, free use, etc, in the performing arts building formerly known as The Centre to make a private investment in a commercial enterprise?…while this is a slap in the face of the taxpayers of this county it is an absolute stroke of genius and has taken SNEGAL (sneaky but legal) to a new level?…these commissioners, if they actually thought of this, are wasting their talents?…these commissioners or whomever came up with this SNEGAL scheme should be playing with the big boys on Wall Street creating credit default swaps and other SNEGAL paper products to make enough money in a week to build a downtown hotel themselves?

IS IT TRUE that the State of Indiana has now passed an ordinance to control those noisy but inexpensive micro-crotch-rockets known as scooters?…Evansville was recently profiled in the Wall Street Journal for as one of Americas scooter zones?…the reality of the situation is that scooters are cheap transportation and are the only affordable way for some people to get around town?…if scooters are stamped down by the long arm of the law both people and the businesses that employ these scooter people will feel disruption?…while we understand the need to regulate that legislative bodies often succumb to we think that scooters should be as easy to register as a dog because they provide a vital and needed transportation alternative in a city that has low pay and limited public transportation?…scooters are a good solution for much of Evansville and need to be embraced as an alternative form of transportation?

IS IT TRUE that President Obama’s opening salvo in his 5th State of the Union address sounded more like George Bush or Ronald Reagan than what we have become accustomed to from this President?…when the statement “FIRST CLASS JOBS GRAVITATE TO FIRST CLASS INFRASTRUCTURE” came from the President’s lips it got this writer’s attention?…hopefully it got the attention of the powers that be here in Evansville too?…President Obama did not say one word in his economic comments about parks, temples to sport, tourism, or hotels?…that alone should be a word to the local government?…the President went on to call out the CORPORATE TAX CODE for paying American businesses to offshore jobs and cash?…the words opportunity, innovation hubs, patent reform (so business can invest in innovation and not litigation), streamlining the permitting process, and my favorite “the best measure of opportunity is access to a good job?”…these words on the economy have been needed for many years?…quite frankly if one compares George Bush’s 2007 SOTU address to President Obama’s 2014 SOTU, one would be amazed at the similarities?…this writer was shocked, amazed, and encouraged from last night’s speech?

IS IT TRUE the efficacy of these grand notions will however come down to execution and implementation?…with program after program and most recently the roll out of the ACA that the Obama Administration has failed miserably?…if one is challenged to find a way to make a website work in 3 years for over $600 Million, the innovation and business building exercise may be insurmountable?…Shark Tank’s Kevin O’Leary commented after the SOTU that the President is “swirling in a mire of executional delusion?…many other op-ed writers from both sides of the aisle have pointed out this administrations history of failure to launch anything at all?…the CCO hopes this time the President comes through on the economic side as to wish for anything else would be like accepting another 3 years of stagnation?…this writer runs the innovation hub in Palm Springs, CA which was the first innovation hub formed 3 years ago?…the person who wrote that initiative is the same person who went on to become the COO of the federal EDA and put this bug in President Obama’s ear?…the story of the CViHub and the federal Innovation Hub initiative will be the subject of an op-ed that was written last week and is in the editing rooms of three national publications now?…of course the CCO will have reprint rights next week?…it is very supportive of the new President Obama but does concentrate on the need for excellence in implementation?…the title is “to build the impossible dream” taking the next step necessary to avoid the fate of Don Quixote who only “dreamed the impossible dream” but never executed it?…last night the President reminded us that the dream was still alive?…it will be up to all of us to ever see it implemented?