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Earthcare Disputes Evansville’s Default Claims, Puts City on Notice for Potential Litigation

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Ted Ziemer, City of Evansville Attorney

In a letter from the Chicago law firm of Morgan Lewis and addressed to Ted Ziemer Jr. Attorney for the City of Evansville, Earthcare Energy claims that the City of Evansville not only failed to provide written notice of the reasons for placing them in default with respect to the contract signed by the two parties on March 1, 2012 but that the reasons stated by Mayor Winnecke and Mr. Ziemer to local media outlets are not consistent with the “closing conditions” as written into the contract.

The letter was distributed by request to the entire Evansville City Council and it’s attorney John Hamilton on Friday. Earthcare’s attorney addresses both the DOE loan guarantee and the issue regarding the license with Langson Energy it the letter.

The closing paragraph explicitly states that Earthcare is willing to pursue litigation but remains interested in having a dialog with the City of Evansville to explore resolving differences to reach a mutually beneficial solution.

Link to Letter from Earthcare Attorney:

Earthcare lawyer letter to Evansville

Link to Earlier Related Article:

https://city-countyobserver.com/2012/05/10/dissecting-the-contract-between-the-city-of-evansville-and-earthcare-energy/

Reitz High School to Adopt Dress for Success Policy

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Reitz High School will join 21 other schools in the EVSC next year as it formally adopts the EVSC’s Dress for Success Policy, an enhanced version of the dress policy outlined by the Indiana Department of Education. The EVSC’s Dress for Success Policy is consistent across all grade levels in order to best meet the needs of families whose students attend one of the 22 schools who have adopted the Dress for Success policy.

As a school with the EVSC’s Dress for Success Policy, students at Reitz will follow the dress code below beginning next school year:

Pants

o Type: uniform style, khaki, dress or cargo

o Colors: solid navy, black, tan, brown

Shorts

o Type: uniform style, khaki, dress or cargo, knee length

o Colors: solid navy, black, tan, brown

Skirts

o Type: uniform style, khaki, dress, or cargo, knee length

o Colors: solid navy, black, tan, brown

Shirts

o Type: collared button down or polo shirt, long or short sleeves; a solid color long sleeve shirt may be worn under the polo

o Colors: any solid color

o Logo: small logo acceptable (up to 2 inches)

o Spirit wear: school discretion

Cool-Weather Items

o Type: hoodless sweater, vest, zip up fleece or cardigan worn with a collared button down or polo shirt underneath

o Colors: any solid color

o Logo: small logo is acceptable (up to 2 inches)

Belts: recommended
Footwear: any footwear except flip-flops/athletic slides or house shoes

Principals at schools who have Dress for Success policies will still have the latitude to determine special spirit days which would call for school logo clothing; or free-dress days.

Schools that have adopted an enhanced dress policy include:

Elementary

· Caze, Dexter, Fairlawn, Harper, and Stockwell schools.

K-8

· All K-8’s – Cedar Hall Community School, Glenwood Leadership Academy, Lincoln School, Lodge Community School.

Middle and Junior High

· All middle grades – Helfrich Park STEM Academy, McGary Middle School, North Junior High, Perry Heights, Plaza Park, Thompkins, and Washington.

High School

· Academy for Innovative Studies, Bosse, Central, Harrison, North, and Reitz.

Following is an outline of the elementary and middle school Dress for Success policy:

Elementary/K-8 School Dress

Pants
Type: uniform style, dress or cargo
Colors: khaki or navy
Shorts, Capris
Type: uniform style, dress or cargo, at least fingertip length
Colors: khaki or navy
Skirts, Skorts, Jumpers, Uniform Dresses
Type: uniform style, at least fingertip length
Colors: khaki or navy
Shirts
Type: collared button down or polo shirt, long or short sleeved, undershirt can be worn under approved shirt
Colors: any solid color
Logo: small logo acceptable (up to 2 inches)
Spirit wear: school discretion
Cool-Weather Items

o Type: hoodless sweater, vest, or cardigan worn with a collared button down or polo shirt underneath

o Colors: any solid color

o Logo: small logo acceptable (up to 2 inches)

Belt: 3rd grade and up
Footwear: any closed toe and closed back

Middle School Dress

Pants

o Type: uniform style

o Colors: khaki, navy

Shorts, Capris

o Type: uniform style, knee length

o Colors: khaki, navy

Skirts

Type: uniform style, knee length
Colors: khaki, navy
Shirts

o Type: collared polo shirt, shirt under polo shirt acceptable

o Colors: any solid color

o Logo: small logo acceptable (up to 2 inches)

o Spirit wear: school discretion

Cool-Weather Items

o Type: hoodless sweater, vest, or cardigan worn with a collared polo underneath

o Colors: any solid color

o Logo: small logo acceptable (up to 2 inches)

Belt: worn with pants that have loops, solid brown or black
Footwear: any closed toe and closed back (does not include house shoes)

Schools not included on the list above will continue to follow the EVSC’s regular dress code, which is outlined by the Indiana Department of Education Code 15 which states: Appropriate dress and personal grooming are required of each student as a vital part of maintaining the educational environment. Modes of grooming or styles of attire which detract from a good teaching/learning situation are not acceptable. It is required that coats and backpacks are secured in lockers upon arrival to school and remain there until the end of the school day. Extremes shall be avoided in all areas of dress and grooming including body piercing. (Body piercing, except for ears, is prohibited in elementary and middle schools.) All decisions about appropriate dress and grooming will be made by the schools’ administrators. Students in violation of the dress code will be asked to correct the violation prior to returning to the classroom and could face further disciplinary action. See individual school websites for modified uniform policies. (IDOE Code 15)

Mastroianni makes debut with Minnesota Twins

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Former University of Southern Indiana All-American baseball player Darin Mastroianni made his debut with the Minnesota Twins on May 10, starting in left field and and batting eighth against the Toronto Blue Jays in Toronto.

Mastroianni had made his Major League Baseball debut with the Blue Jays on August 24 last year.

Mastroianni, who went 0-3 in his first game with the Twins, was hitting .346 with Triple-A Rochester with two doubles, two triples and 10 stolen bases in 19 games. He started the year with Minnesota’s Double-A team in New Britain.

Source: USI.edu

Evansville Police Department Foundation Meeting

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The Evansville Police Department Foundation had its annual meeting at the Centre on May,
9, 2012. It began with an executive meeting with the Board of Directors and the Board of
Governors at 11:00 AM and then moved on to a luncheon and award ceremony at 12 noon.

Six college scholarships were awarded to the following:

Lauren Barnett– Studying Occupational Therapy at USI
Nick Hackworth– Studying Engineering at USI
Jacob Hahn– Studying Computer Science and Math at Purdue University
Kayla Martin– Studying toward Physical Therapy at USI
Laura Molinet– Studying Pre-Veterinary Medicine at Purdue University
Cameron Whitler– Studying Biology at Indiana University

Five members of the inaugural EPDF Board of Directors were recognized for their efforts and
vision:

Sgt. Rob Hahn
Sgt. Diana Walters
Sgt. Paul Kirby
Rudy Montejano
Mark Harmon

The Howard Davis Peer Recognition Award (In memorial to EPD Sgt. Howard Davis) awarded
to: Officer Pete Dossett

The Hall of Fame Award given to: Retired Deputy Chief Patti Wazny for her many
contributions to the department and the community.

IS IT TRUE May 14, 2012

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IS IT TRUE May 14, 2012

IS IT TRUEthe deadline in the letter from the attorney for Earthcare Energy passed and that the pending litigation that Ted Ziemer, attorney for the Mayor’s Office may have become a little more closer to reality over the weekend?… the Mole Nation is telling us that Mr. Ziemer has been feeding information to other news outlets that he will be meeting with the Earthcare attorneys on Wednesday to discuss the letter’s contents?… the letter sounds more like a “seeking a settlement” letter than it sounds like a “want to do the deal” or a “want to go to court for a multi-year battle” letter?…that if the discussions are cordial, intelligent, and honest we may soon learn just how much it costs to have rotten vetting, vague contracts, and conflicts of interest as a way of doing business?

IS IT TRUE if this City Council does not adopt process of how to VET along with an ETHICS STATEMENT and a CONFLICT OF INTEREST policy that this fiasco will probably repeat itself?…it really seems as though a critical mass of elected and appointed officials in Evansville simply do not understand what the terms ETHICS and CONFLICT OF INTEREST means?… in the absence of such knowledge this history of foolishness and back room deals will continue?…this City and maybe even the State and Country are in a real quandary when the buck never stops and when clearly wrong things are successfully defended as legal?…that our laws seem to be leading the American people down a path of no accountability and especially the ones who find their way into elected or appointed positions of leadership?…that what has gone in Evansville during the last 10 weeks is a perfect example of fluff over substance and self interest over good public policy?

IS IT TRUE the path to rescinding the loan approval for Earthcare Energy will start at tonight’s meeting of the Evansville City Council?…that minimally the first reading of the Riley Resolution will be happening tonight?…that the Mole Nation tells us that City Council President Connie Robinson who cast a vote to fund a $200,000 loan advance before the City Council voted will not be allowing any discussion about Earthcare?…that President Robinson may control the agenda of the Council but she cannot control the 3 minute speaking opportunities available to the citizens of Evansville?…that based on this alleged attempt to MUZZLE THE DEBATE ON EARTHCARE by President Robinson, the City County Observer would like to encourage the people of Evansville to flood the Council Chamber and make statement after statement regarding what is thought about the way this deal has been handled?…it is important to have an official transcript that reflects the reality of what has happened and what the people of Evansville think about it?

IS IT TRUE we also wonder just what significance the loan approval by the City Council has and thus what effect rescinding it will have?…as long as we have a sneaky slush fund with people who have conflicts of interest that are willing to circumvent the will and authority of the City Council that this problem will not be solved?…that for the reason of conflict of interest, that we call for Connie Robinson, Debbie Dewey, Christine Keck, and Greg Wathen to resign immediately from the board of the Evansville Economic Development Loan Committee?…that with these people on this board it has no legitimacy?…we also call on President Robinson to apologize publicly for here roll in circumventing the authority of the Evansville City Council, the legal body that she is President of?…it would minimally be appropriate for Councilwoman Robinson to step down as President?…that this may be the second position of authority that she ends up being dismissed from in less than one year?…that first it was the Democrat Central Committee and now the City Council where to paraphrase Mr. Spock “the desires of the self were placed above the needs of the many or the few”?

Ford Center Front Entrance Closed for Safety Issues

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Venuworks announced today that the front entrance to the Ford Center has been temporarily closed due to some safety issues involving the glass curtain that faces Main Street. Citing the fact that one of the large glass panels broke for no apparent reason and had to be removed VenuWorks is redirecting event traffic to Gate Four on MLK Blvd.

It was further stated that failure analysis indicates that the slope of the glass wall may exceed building code requirements.

Link to Press Release:

Ford_Center_-_Media_Alert_Glass_Curtain

EVANSVILLE REDEVELOPMENT COMMISSION: NOTICE OF EXECUTIVE SESSION

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May 11, 2012

EVANSVILLE REDEVELOPMENT COMMISSION
NOTICE OF EXECUTIVE SESSION

The Evansville Redevelopment Commission will hold an Executive Session on Tuesday, May 15, 2012 at 3:30 p.m. in Room 318 of the Civic Center Complex, 1 NW Martin Luther King Jr, Blvd, Evansville, Indiana.
This Executive Session will be held pursuant to Indiana Code IC 5-14-1.5-6.1 (b) (2) (D) regarding the purchase or lease of real property.

Dirty Deeds Done Dirt Cheap: Evansville’s Song of the Weak

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http://www.youtube.com/watch?v=zfsvS4v8ZL8

IS IT TRUE May 11, 2012 Part 2

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Martin Luther King Blvd. in Downtown Evansville

IS IT TRUE May 11, 2012 Part 2

IS IT TRUE

the morning the world financial news outlets are all clamoring over a $2 Billion blunder made in the risk management division of J. P Morgan?…the words used by the Wall Street Journal to describe J. P. Morgan’s strategy that led to this loss were “flawed, complex, poorly reviewed, poorly executed, and poorly monitored”?…that in a public statement regarding this J. P. Morgan’s CEO, the “King of Wall Street” Jamie Dimon said “this trade does not violate the Volcker Rule, but it violates the Dimon principle”?…our little character SNEGAL seems to have been hanging around Wall Street for some time and that SNEGALjust struck again?…Chairman Dimon’s comment clearly implies that the complex charade that led to his firm’s $2 Billion loss was legal yet unprincipled?

IS IT TRUE that Evansville and particularly the government of Evansville is in the midst of enduring the unwinding of a SNEGAL (maybe) situation that also meets the description of “flawed, complex, poorly reviewed, poorly executed, and poorly monitored”?…hardly a day goes by that another layer comes off of the onion now known as the Earthcare Catastrophe?…that just yesterday we all learned that the contract between the City of Evansville and Earthcare did not even make a vote of approval by the City Council a closing condition for a $5 Million loan?…that just heartbeats after the contract was written a board appointed by Mayor Lloyd Winnecke with fully half of its voting members having a conflict of interest authorized an advance of $200,000 to Earthcare with no collateral whatsoever in place?…that the authorization of this loan when compared to the $3,500 Christmas dinner that resulted in the ouster of every board member who sipped the Opus One from the CVB board look like a Sunday School Picnic?

IS IT TRUE that two of the members who by virtue of their positions and experiences, namely Christine Keck of a Vectren subsidiary and Greg Wathen who sits on the GAGE board were not up to their eyeballs in conflict and may have been oblivious to the details of the ill-conceived scheme that they happened to be thrust into?…Mayor Winnecke who appointed this board should know better by virtue of the credibility he lost for his part in the Homestead Tax Credit back door meeting that BEING SNEAKY DOES NOT PAY OFF?…putting people into positions of conflicted interest is POOR PUBLIC POLICY?…that Mayor Winnecke needs to right his ship ASAP, apologize to the people of Evansville for his role in the Earthcare Catastrophe, and become the transparent, collaborative Mayor that he campaigned to be?…the Earthcare Catastrophe is strike two on Mayor Winnecke and the clock is ticking?

IS IT TRUE that four members of the board that approved the advance of $200,000 appear to have no conflicts of interest in this deal?…the CCO is a friend of Les Shively and do not believe Mr. Shively would have supported this disaster if the information that was withheld due to a failure to VET had been available at that time?…we will for the sake of hope conclude the same about the other three non conflicted members?…that does not excuse the fact that this vote on this advance should have never been arranged in the first place?…that the orchestration of this debacle, the support of the faulty VETTING, and the sneaky ways this went down fall squarely on the desk of Mayor Winnecke?

IS IT TRUE Debbie Dewey of GAGE and Connie Robinson of the Evansville City Council were not only conflicted beyond belief but they have exhibited nothing but arrogance and condescension toward anyone who has questioned their methods and motives?…that these two people more than any others have enabled and encouraged Mayor Winnecke to dig himself into a hole and are the architects and promoters of that which is well described as “flawed, complex, poorly reviewed, poorly executed, and poorly monitored”?…that all future votes or projects that come to the City Council with the recommendation or support of these two people shall be looked at with skepticism by virtue of the company they keep?…it is time for our City Council President Connie Robinson and Debbie Dewey to be prohibited from presiding over another thin dime of taxpayer dollars?