November 16, 2012-by John Blair valleywatch.net editor

Below is a picture I shot this morning of the atrocious air pollution in Evansville today, 11/16. It was basically the same yesterday as fine particles built up in the region. Unfortunately, IDEM nor the local EPA has any data to record what is probably an exceedance of the 24 hour fine particle standard so there is no air pollution alerts or anything to warn people of the severity of the problem.

IDEM is supposed to maintain a near real-time data website (http://leads.idem.in.gov/cgi-bin/idem/daily_summary.pl) but for the last two days, while air quality worsened, their site shows absolutely no data using the term PMA instead of quantitative figures. IDEM defines PMA as: “PMA – Preventative maintenance. Indicates the CAMS is undergoing maintenance and data collected is not valid data.”

Sadly, what is happening today and yesterday will likely not be included in any determination of whether or not we actually meet the health based standards for fine particles since the monitor is conveniently down for “preventative” maintenance. Maybe by “preventative” they mean prevent a violation of the standard.

I am asking for permission to publish a letter a Valley Watch board member received from Evansville EPA leader, Dona Bergman and will share that when permission is received but in the meantime here are two sentences from that letter, date August 1, 2012 which was in response to data that USEPA had collected which showed EVV air quality was worse than the State and local governments were acknowledging, “For much of the period you examined, the data from the BV continuous monitor had a high bias (see for example the chart below). In fact, quite a bit of the Buena Vista monitor’s data were removed from IDEM’s websites because they were invalidated.”

It seems that every time there is an air quality problem around here there is some kind of excuse forthcoming as to why the official monitors are incorrect except on days when air quality is on the good side, then they are never wrong.

Evansville, IN – Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Thursday, November 15, 2012 and Friday, November 16, 2012.

Charles Brendel Dealing in Methamphetamine –Class A Felony
Maintaining a Common Nuisance – Class D Felony
Unlawful Use of a Police Radio – Class B Misdemeanor

Lancing Copeland Dealing in Cocaine – Class B Felony
Maintaining a Common Nuisance – Class D Felony

Duane Davenport Operating a Vehicle with a BAC of .08 or More – Class C Misdemeanor
(Enhanced to a Class D Felony due to Prior Convictions)
Operating a Vehicle While Intoxicated – Class C Misdemeanor
(Enhanced to Driving While Suspended – Class A Misdemeanor)

Tavion Ford Possession of Cocaine –Class D Felony
Possession of Marijuana – Class A Misdemeanor
Visiting a Common Nuisance – Class B Misdemeanor

Desmonz Fullilove Dealing in Cocaine – Class B Felony
Maintaining a Common Nuisance – Class D Felony

Eric Harding Theft – Class D Felony

Wendi Rickard Dealing in Methamphetamine –Class A Felony
Maintaining a Common Nuisance – Class D Felony
Unlawful Possession of a Police Radio – Class B Misdemeanor

James Shearer Operating a Vehicle as an Habitual Traffic Violator – Class D Felony

Thomas Wilson Battery Resulting in Bodily Injury – Class D Felony
Intimidation – Class D Felony (Two Counts)
Battery Resulting in Bodily Injury –Class D Felony
Battery – Class A Misdemeanor
Invasion of Privacy – Class A Misdemeanor
Resisting Law Enforcement – Class A Misdemeanor
Disorderly Conduct – Class B Misdemeanor
Habitual Offender Enhancement

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

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

Class Range
Murder 45-65 Years
Class A Felony 20-50 Years
Class B Felony 6-20 Years
Class C Felony 2-8 Years
Class D Felony ½ – 3 Years
Class A Misdemeanor 0-1 Year
Class B Misdemeanor 0-180 Days
Class C Misdemeanor 0-60 Days

November 16, 2012

News Release

Irving, TX – November 16, 2012 – Hostess Brands Inc. today announced that it is winding down operations and has filed a motion with the U.S. Bankruptcy Court seeking permission to close its business and sell its assets, including its iconic brands and facilities. Bakery operations have been suspended at all plants. Delivery of products will continue and Hostess Brands retail stores will remain open for several days in order to sell already-baked products.

The Board of Directors authorized the wind down of Hostess Brands to preserve and maximize the value of the estate after one of the Company’s largest unions, the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union (BCTGM), initiated a nationwide strike that crippled the Company’s ability to produce and deliver products at multiple facilities.

On Nov. 12, Hostess Brands permanently closed three plants as a result of the work stoppage. On Nov. 14, the Company announced it would be forced to liquidate if sufficient employees did not return to work to restore normal operations by 5 p.m., EST p.m., Nov. 15. The Company determined on the night of Nov. 15 that an insufficient number of employees had returned to work to enable the restoration of normal operations.

The BCTGM in September rejected a last, best and final offer from Hostess Brands designed to lower costs so that the Company could attract new financing and emerge from Chapter 11. Hostess Brands then received Court authority on Oct. 3 to unilaterally impose changes to the BCTGM’s collective bargaining agreements.

Hostess Brands is unprofitable under its current cost structure, much of which is determined by union wages and pension costs. The offer to the BCTGM included wage, benefit and work rule concessions but also gave Hostess Brands’ 12 unions a 25 percent ownership stake in the company, representation on its Board of Directors and $100 million in reorganized Hostess Brands’ debt.

“We deeply regret the necessity of today’s decision, but we do not have the financial resources to weather an extended nationwide strike,” said Gregory F. Rayburn, chief executive officer. “Hostess Brands will move promptly to lay off most of its 18,500-member workforce and focus on selling its assets to the highest bidders.”

In addition to dozens of baking and distribution facilities around the country, Hostess Brands will sell its popular brands, including Hostess®, Drakes® and Dolly Madison®, which make iconic cake products such as Twinkies®, CupCakes, Ding Dongs®, Ho Ho’s®, Sno Balls® and Donettes®. Bread brands to be sold include Wonder®, Nature’s Pride ®, Merita®, Home Pride®, Butternut®, and Beefsteak®, among others.

The wind down means the closure of 33 bakeries, 565 distribution centers, approximately 5,500 delivery routes and 570 bakery outlet stores throughout the United States.

The Company said its debtor-in-possession lenders have agreed to allow the Company to continue to have access to the $75 million financing facility put in place at the start of the bankruptcy cases to fund the sale and wind down process, subject to U.S. Bankruptcy Court approval.

The Company’s motion asks the Court for authority to continue to pay employees whose services are required during the wind-down period.

For employees whose jobs will be eliminated, additional information can be found at www.hostessbrands.info. The website also contains information for customers and vendors. Most employees who lose their jobs should be eligible for government-provided unemployment benefits.

Source: Hostessstrikeinfo.com

Two schools and a not-for-profit won a total of $500 as prizes in the seventh annual “Cans for
Cash” aluminum can recycling contest. The prize money is donated by Alcoa Warrick
Operations and Keep Evansville Beautiful promotes the contest.
Winners of the cash prizes are:
$250 – Holy Cross School
$150 – Resurrection Catholic School
$100 – Ronald McDonald House
Tri-State residents were encouraged to participate in the America Recycles Day “Cans for Cash
Challenge” from September 26 until November 12. Individuals who recycled their cans for cash
at either Tri-State Resource Recovery or Material Recycling were asked to designate a school,
church or non-profit to be entered in a special drawing.
A total of 4,395 pounds of aluminum cans were recycled during the “Cans for Cash Challenge,”
Alcoa is working to raise the aluminum can recycling rate in the United States to 75 percent by
2015. A soda can recycled today can be back on the store shelf within 60 days as a new can.
For every 5 pounds of aluminum that was recycled, the organization received a chance in the
“Cans for Cash” prize drawing. This year, 56 recyclers designated 40 different schools and
organizations for a chance to win a cash prize.
“We congratulate the winning schools and encourage recycling throughout the year. Aluminum
is infinitely recyclable – saving energy and protecting the environment. Recycling one ton of
aluminum saves enough energy to power an average home for 10 years,” according to Cheryl
Musgrave, President of Keep Evansville Beautiful.

Nov. 15, 2012

Indiana lawsuits filed after three victims lost more than $14K

INDIANAPOLIS – Indiana Attorney General Greg Zoeller teamed up with the Federal Trade Commission (FTC) today in Washington, D.C. to announce a joint effort to crack down on business opportunity fraud.

Would-be entrepreneurs are often deceived by phony get-rich quick scams that promise easy money for a small upfront investment. The FTC’s continuing “Operation Lost Opportunity” includes asking state attorneys general to ramp up their investigations into these illegitimate companies. This effort by the Consumer Protection Working Group of the Financial Fraud Enforcement Task Force includes 22 actions brought by the U.S. Department of Justice, 21 actions by the U.S. Postal Inspection Service, and 15 actions by state attorneys general in Indiana, California, Arizona and Colorado.

“Today’s announcement is a great example of how consumer protection agencies on the state and national level work together to connect the dots and combat fraud against those seeking economic opportunity,” Zoeller said. “As part of this effort, the Indiana Attorney General’s Office aggressively investigated consumer complaints regarding business opportunity scams and recently filed lawsuits against three out-of-state companies which all made promises of attractive profits to consumers before taking off with their money.”

The FTC announced seven new law enforcement actions and developments in five other cases involving scams that falsely promise jobs and opportunities to “be your own boss” to people who are unemployed or underemployed. The defendants in the FTC’s cases allegedly lured consumers with deceptive offers to help them start businesses as mystery shoppers, credit card processors, website operators and government insurance refund processors.

Zoeller’s office filed lawsuits in Marion County against companies accused of ripping off three Indiana consumers for more than $14,400. Zoeller said the large dollar amount taken from so few victims is only a small slice of the overall negative impact of these scams. In the past two years, the Attorney General’s office has received nearly 130 consumer complaints regarding various business opportunity scams.

In the Indiana lawsuits, defendants include All American Web Consulting of Florida, Sean Moriarty with All Value Network of Arizona and Wasatch Summit, LLC, doing business as Professional Marketing International and PMI Coaching of Utah.

All American Web Consulting is accused of offering phony media marketing services to help an Indiana consumer start her business. The victim was told Google would buy her 79,300 hits on her business website at 35 cents per hit. If she invested $7,000 in marketing services, All American represented she would make more than her initial investment because the number of hits would increase. The consumer paid the money upfront, but defendants failed to provide services or a refund.

· All Value Network sold web marketing services to an Indiana consumer who paid $515 upfront. Although the consumer told the company “he does not know how to use the Internet or a computer,” he was sold a “VIP Savings Network and Financial Software Package.” The company promised the consumer he would make more than his investment back in 30 days. The victim was unable to cancel the services and the promised refund was not given.

· Wasatch Summit sold coaching services to an Indiana resident to help start a business. The victim paid $6,945 upfront for media and marketing services, but the company failed to provide all the promised services or a refund.

All three companies are accused of violating the Indiana Business Opportunity Act which regulates the sale of business opportunities in the state if they require an initial investment of more than $500. The lawsuits also allege the defendants violated the Indiana Deceptive Consumer Sales Act. The Attorney General’s Office is seeking injunctions, consumer restitution, investigative costs and civil penalties.

To help protect consumers from falling victim to the business opportunity scam the Attorney General’s Office offers the following advice:
•Before soliciting or advertising the sale of a business opportunity, a seller must register and post a bond with the Indiana Attorney General’s Office. Consumers can contact the office to check if a company is registered. Legitimate sellers must use the Attorney General’s Office registration number in any advertisements;
•Be wary of investment amounts just under $500 as this is likely an indication that the seller is trying to avoid regulation;
•If you see an advertisement or receive a call about buying into a limited time business opportunity throw it away or just hang-up. If you think you might be a victim of a scam, file a complaint with the Attorney General’s Office by visiting www.indianaconsumer.com or by calling 1.800.382.5516.

EVANSVILLE (DATE) – For this upcoming holiday season, the Townsquare Media Radio Stations (WKDQ, WJLT, WDKS, WGBF, WGBF-AM) will team up with Henderson Chevrolet, Buick, GMC and the 911 Gives Hope charity to present the fourth annual 911 Gives Hope For The Holidays. Last year we successfully filled a 53 foot trailer with toys that were distributed to the children’s wards at local hospitals. This year all five radio stations will again partner together for a mass broadcast radiothon to urge the public to donate toys, clothing, gift certificates and more to children’s wards at Deaconess Hospital, St. Mary’s Hospital, Methodist Hospital, Evansville Psychiatric Children’s Center and the Ronald McDonald House.

The radiothon will begin 5:00 a.m. on Friday, November 30 and will run thru 6:00 p.m. on December 2. The radio stations will broadcast live from the Walmart on Burkhardt the entire weekend with additional broadcasts live from Henderson Chevrolet in Henderson, KY. Local fire departments, police departments, sheriff’s departments, and AMR will be in attendance all weekend in an effort to fill another 53 foot trailer.

The toys collected will be sorted and delivered to the local hospitals just in time for Christmas.

For more information contact Melanie Leach at 812-425-4226