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IS IT TRUE? September 30, 2011 Special Evening Edition

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IS IT TRUE? September 30, 2011 Special Evening Edition

IS IT TRUE that we understand that Vectren has held meetings with both candidates for Mayor of Evansville this week to discuss the excessive difference in rates that are paid for electricity in greater Evansville as compared to every neighbor that we have on both sides of the river?…that the recently misunderstood request for an increase of $1.08 per household to make coal burning more efficient was also discussed?…that we also understand that Vectren brought in the heavy hitters to sell their position including former Vanderburgh County Sheriff and House of Representatives member Brad Ellsworth?…that it is our expectation that after speaking with both candidates for Mayor that Vectren will find some way to convince both candidates that things are just fine in River City and that Vectren shall not be an issue of any kind in the upcoming elections?…that we will patiently wait for the October 21st campaign contribution disclosures?

IS IT TRUE that we have not heard many reports regarding the shape of the parks in Evansville in the last couple of months?…that we wonder if all is well in our parks or if people are just worn out with trying to do something?…that a small area of the south side has erupted with what is being attributed to a gang skirmish this week?…that there have been 3 instances of shootings in a period of 48 hours?…that with a very few exceptions that the neighborhood seems very reluctant to talk about who the shooters have been?…that some of these neighbors legitimately do not know but that others are afraid to talk about it?…that a very wise woman posted a quoted from the Reverend Martin Luther King Jr. on Facebook today that goes like this?

“Our lives begin to end the day we become silent about things that matter”

IS IT TRUE neighborhoods that fall into a pattern of violence do so very quickly?…that without the assistance of the neighbors in cleaning up crime that the police whose job it is to investigate and prosecute perpetrators of random violence have their hands tied?…that the mantra of nearly every police department in America is “to protect and serve”?…that we beg and encourage the good people of the south side neighborhoods who are victims of this senseless behavior to rise up and conquer their fears and to work with the authorities to make their neighborhoods to be the type of neighborhoods that all of the residents of Evansville will feel safe in and proud of?

IS IT TRUE that today’s Wall Street Journal reports that the fracking technique that is being used in oil and gas extraction may very well double America’s oil production in our lifetime?…through accessing federal lands and using advanced extraction methods like fracking there are some experts who are projecting that the United States may become self sufficient with respect to energy without supplementing our grid with what are now traditional alternatives like wind and solar?…that if people who SHOULD HAVE BEEN in the know 3 years ago would have actually been IN THE KNOW that misguided federal investments in things like Solyndra would never have even been considered?

City of Evansville Legal Services Contracts

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The City County Observer has obtained the Legal Services Contracts executed between the City of Evansville and the Law firm that was selected to take care of the City’s legal issues for 2011.

One of the contracts, linked below as the Independent Contractors Agreement is very straight forward with respect to duties and compensation. This contract calls for a total of flat fees paid monthly that adds up to $213,148 paid in equal monthly installments of $17,762 for the page of services listed in the appendix.

The second contract is an open ended contract to be billed at $150 per hour for other tasks and expenses set forth in the agreement. No where in this contract is it specified that Paralegal services are to be billed at a rate of $95.00 per hour. No rate whatsoever is specified for paralegal services yet legal support is mentioned beneath the section that states $150 per hour. As such it would appear that the City’s law firm is actually under-billing for paralegal services at $95 per hour with respect to what would be admissible under the terms of the contract.

There is no upper limit imposed on the number of hours that can be billed at the $150 per hour rate.

Independent_Contractor_Agreement__For_City_Attorney’s

City of Evansville_Agreement_for_Legal_Services_Litigation

IS IT TRUE? September 30, 2011 “Press Releases: Is it Sloppiness or Banana Republic Tactics?”

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IS IT TRUE? September 30, 2011 Part 2

IS IT TRUE that people seem to be confusing the position of the City County Observer with respect to Mayoral press releases posted on the City of Evansville’s website?…that we never claimed that the Mayor or anyone else removed any press release?…that we clearly have stated that all of the press releases from the Office of the Mayor and in particular two press releases about the Homestead Tax Credit ARE NOT ON THE CITY OF EVANSVILLE WEBSITE?…that our desire is for the City of Evansville to maintain an up to date and easy to use website that contains current and archival access to ALL press releases?…that we trust and expect that all press releases issued by the Mayor of Evansville or any other City of Evansville department are crafted and released for the purpose of informing the people of Evansville with information deemed worthy by our leaders to be released for wide distribution through the media?

IS IT TRUE that posting ALL press releases, notices of public meetings, agendas for meetings, and other important public domain documents is pretty much a basic requirement to be considered a modern city?…that the City of Evansville by either sloppiness or selective posting is not fulfilling this requirement?…that if this was entirely a result of sloppiness and inattention to detail that this needs to be corrected and retroactively implemented back to when the posting started?…that running a sloppy operation within local government makes us look like Mayberry RFD to potential businesses?…that if this was sloppiness then fix it and move on?

IS IT TRUE that if the missing press releases are missing from the City of Evansville website as a result of selective posting then we are dealing with a different situation altogether?…intentionally filtering public press releases for a public website that has the look and feel of a comprehensive archive is not acceptable for the Office of the Mayor of Evansville?…that intentionally keeping a press release off has the exact same effect for a public archive as posting it and then removing it later?…that this is absolute censorship and should not ever be tolerated or condoned?…that looking the other way or doing business by the nod and wink with respect to public information is the domain of the propaganda machines of Banana Republics and Totalitarian states?…that we could give examples of the names of people who have done such things but we choose not to?

IS IT TRUE that the obligation and the responsibility to inform the public is one of the most important functions of government?…that we expect that all elected leaders will take this seriously and will be cognizant of what is released to the press?…that sometimes a little fluff is okay but that important issues NEED to be addressed in the public forum by our elected officials?…that all that we want to see from Mayor Weinzapfel or any future Mayor of Evansville is a full and accurate public archive of all press releases whether the news reflects well or not so well on the person who releases it?…that to do less reflects well on all of us?…that this latest episode from one perspective looks like filtering, suppression, and censorship?…that from another perspective it just looks like sloppiness?…the either way this needs to stop and that in order to demonstrate a commitment to openness and transparency that Mayor Weinzapfel assure that all of his press releases are online and in the archive in chronological order before he leaves office?…that if he does not do this that his successor should?…that we as citizens of Evansville have looked sloppy and/or like a Banana Republic long enough?

FUNNY FRIDAY: “Obama’s Elf”

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An Interesting interpretation of the original hit song…

EVSC Students Honored as ‘Commended Students’ by National Merit Scholarship Program

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Four EVSC seniors have been named a “Commended Student” by the National Merit Scholarship Program due to their exceptional academic promise. The following students in the EVSC have received the honor and were recognized as being among the top five percent of students in the nation:

• Caleb Kerr, North High School
• Ellen Kendall, North High School
• Shelly Stumpf, Reitz High School
• Jacob Weinzapfel, Reitz High School

High school students across the country receive the Commended Student distinction based upon scores from the 2008 Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT)
Although Commended Students do not continue in the competition for National Merit Scholarships, some of these students do become candidates for special scholarships sponsored by corporations and businesses.

2011 GRADD Arts & Crafts Festival

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October 1-2, 2011

Saturday: 10 a.m. – 5 p.m.
Sunday: 10 a.m. – 4 p.m.

John James Audubon State Park
US Highway 41
Henderson, Kentucky

Artisan & Craftsman Booths * Artist Demonstrations * Delicious Food
Live Music * Burgoo Cook-Off * Hayrides * Children’s Activities * 5K Run

*150 spaces available
* Art/craft booths: $100 per 15’x15’ area
* Concession spaces: $150 per 15’x15’ area
*Registration accepted on a first come, first served basis until all spaces are filled
*Fee must accompany registration
*Make checks payable to: GRADD, 3860 US Hwy 60 West, Owensboro KY 42301
*NO commission taken on sales
*Upon receipt of registration, GRADD will forward additional information
*All cancellations made after August 31, 2011 will NOT be refunded
*Only HAND-CRAFTED items may be displayed and sold (no mass-produced items)

Click here for more information, and a map of the event.

IS IT TRUE? September 30, 2011

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The Mole #??

IS IT TRUE? September 30, 2011

IS IT TRUE that some of the so called “big banks” are planning to once again inventing ways to keep their status as the “LAND OF THE FEE” intact?…that the banking industry is now starting to target debit card users as a source of FEES?…that the giant yet beleaguered Bank of America is reportedly hatching a scheme to start charging its millions of retail customers a $5 monthly FEE to use their debit cards?…that justification they and other banks are using for this coming practice is the loss of their appropriately named “SWIPE FEES” that the government restricted recently?…that when most of us were young the word SWIPE had a very different meaning and thus we deem “SWIPE FEES” to be a completely appropriate term?…that the usual line up of big banks such as J.P Morgan Chase and Wells Fargo are test marketing the new FEE?…that the only local player on the list is Birmingham based Regions Bank which will be starting to charge a $4 per month FEE tomorrow for “select” accounts?…that someday soon this new scheme will find its way to Evansville with a little jingle based on the song “LET FEEDOM RING”?

IS IT TRUE that as the FEES pile up and the cost of being a part of mainstream America increases that more and more people will be joining the unseen and uncounted part of our country that is sometimes known as the “underground economy”?…that such people and they are LEGION work for cash, draw public benefits, do no business with banks, barter for goods and services, and head to the emergency room for free health care when they are sick?…that the arguments in congress regarding companies and piles of cash leaving the United States because for the first time in our history other countries are being seen as better places to pursue dreams?…that all of this NIBBLING with nuisance FEES by both the private sector and government is driving the American economy into a situation where the “UNDERGROUND ECONOMY” is a viable alternative for mainstream American citizens?…that if this bull is not ended that many banks, government agencies, and other legitimate entities will be faced with the same kinds of decisions that the US Post Office is facing now for their failures to respond to email, online transactions, and the changing state of a competitive employment situation?

IS IT TRUE that the so called and proposed “SECOND STIMULUS” mandates that all materials used in these projects must have 100% American made materials with one exception?…that the exception is if the materials cause the cost to be over 25% higher?…that it is perfectly acceptable under this proposal to spend $124.99 Million on a $100 Million project but the government will draw the line at $125 Million?…that this is completely counter to the goals of fixing as much infrastructure as possible with the money?…that somewhere in America in a couple of year that a bridge will collapse because our government ran out of money from spending 24.9% more than was needed on other projects?…that when we buy and sell from other people that they do the same with us?…that we encourage the voluntary actions of citizens to buy American in the FREE MARKETS but realize that government mandated programs to do that only increase prices right to the edge of the law and cap our ability to do repairs?

IS IT TRUE that even local governments such as the City of Evansville sometimes do things that make us look like Bellflower, CA where city council members were being paid like Hedge Fund Interns?…that City Councilman Dan McGinn testified on Monday night that the City of Evansville is paying $95 per hour for PARALEGAL SERVICES?…that this works out to $197,600 per year at full usage?…that is double the salary of the Mayor of Evansville?…that no two department heads combined are being paid this much?…that even Mr. Tom Barnett whose salary caused quite a ruckus this year is grossly underpaid when compared to a contract PARALEGAL?…that City Council Finance Chairman JOHN FRIEND needs to get to the bottom of this and conduct another one of his FRIENDQUISITIONS so that this expense can be brought into line with even what PARALEGALS make in New York City or Chicago?…that the median salary for a PARALEGAL in Evansville, is below $50,000?…that this position should be a city employee and not a permanent consultant?

Another Press Release about the Homestead Tax Credit from Mayor Weinzapfel that is not on the City Website

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On July 14, 2009 the Office of Mayor Jonathan Weinzapfel issued another press release regarding the Homestead Tax Credit that is not available on the City of Evansville webpage where Mayoral press releases are archived.

In this particular press release Mayor Weinzapfel calls upon the Department of Local Government Finance to reinstate the Homestead Tax Credit to the full 8% level that just weeks before he had announced had been eliminated by inaction. The Mayor goes over the steps that have to be taken to reinstate this credit while reiterating his assertion that a bi-partisan of City and County officials made the decision to let the credit expire in 2008.

Just a day before the City of Evansville website includes a press release announcing a new downtown arena and a deal with Browning Investments to build a new downtown convention hotel.

The City County Observer would like to take this opportunity to respectfully request that all press releases that have been issued by the Mayor’s Office be included chronologically. This information when released is the property of the people of Evansville and should be part of the archives for the people to search at will. Failing to include ALL press releases whether intentional or by carelessness circumvents the purpose for keeping archival records. It is poor public policy to pick and choose the press releases from the Mayor’s Office for inclusion into the public archives. It is also poor stewardship of the archives of Evansville.

As a last act of transparency we call upon Mayor Weinzapfel to establish a complete publicly accessible archive of the press releases issued by his office while he has been in office. To do so would be a first step to establish that his administration has been as transparent and open as his press release of this morning claims he has been.

Link to press release asking for reinstatement:

http://media.courierpress.com/media/static/Restoration_of_2009_credit

The text of the press release announcing the arena and hotel is below:

CITY OF EVANSVILLE
ONE N.W. MARTIN LUTHER KING, JR. BLVD.
EVANSVILLE, INDIANA 47708

OFFICE OF THE MAYOR
JONATHAN WEINZAPFEL

July 13, 2009 Contact: Audra Levy
For Immediate Release (812) 436-4962
alevy@evansvillegis.com

Downtown Arena and New Hotel Announced

(EVANSVILLE, IN)- Mayor Jonathan Weinzapfel is pleased to announce an economic development agreement in principal which will locate the new downtown arena on a portion of the Executive Inn property and a municipal parking lot at the corner of Martin Luther King Jr., Boulevard and Locust Street. Adjacent to the arena will be a new 250-room hotel developed by Browning Investments.

“A new arena and a new hotel will provide a tremendous boost to our entire City. Not only will these facilities speed up our revitalization efforts and attract new economic development, but they will create hundreds of new jobs for area residents,” said Mayor Jonathan Weinzapfel. “We have found a great partner in Browning. We welcome their investment in Evansville and the future of our community.”

Browning Investments has an agreement in principal with Mutual Hospitality, Inc., which has owned the Executive Inn since January. Browning will raze the portion of the Executive Inn property that occupies the site of the future arena including the 6th Street hotel tower, the pool area and the atrium. Demolition work will begin in mid-August 2009.

The boundaries of the arena area will be Main, Walnut and Sixth Streets and Martin Luther King, Jr. Blvd. The arena’s “front door” will be on Main Street, which will encourage further development of retail, dining, entertainment, and residential opportunities along the Main Street corridor. The arena, which is estimated to cost approximately $95 million to build, is scheduled to open in the fall of 2011.

“The orientation of the arena toward Main Street made possible by this configuration is even better than the recommended site at Fifth and Walnut streets. The arena will be a perfect complement to The Centre, greatly increasing our ability to host conventions and other large

Mayor Weinzapfel Responds to Davis’s Allegation of Removing Posts from the City’s Website

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Today Evansville Mayor Jonathan Weinzapfel responded to the claim made by Rick Davis that he had removed a critical press release regarding the secret meeting to allow Homestead Tax Credit to lapse. The Mayor claims that that press release along with six others of a positive nature that were issued in the month of June in 2009 were never posted for reasons that he is uncertain of.

The City County Observer after learning of the press release that was released on June 18th of 2009 last Friday did some research on it. Our first search of the City of Evansville website revealed that there was a gap of about two months that included the entire month of June of 2009 where no press releases were available. We have previously reported that this did not constitute any reason to allege that any website sanitizing had been done by the Mayor and left open the possibility that the press releases were for some reason never posted in the first place.

On Monday the CCO filed a Freedom of Information Act request with Mayor Weinzapfel’s office to request all of his press releases from June 2009. The Mayor’s staff responded quickly that they would comply by October 3, 2011. We assume they will do so.

The only public record of the now infamous press release is on a June 18, 2009 article published by the Courier and Press that is available on their website.

Link to Mayor Weinzapfel’s Statement

Statement-Mayor_Weinzapfel-News_Releases-09-27-11

Health care lawsuit petition filed in U.S. Supreme Court

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Indiana one of 26 states to challenge “unprecedented” individual mandate

INDIANAPOLIS – Today 26 states including Indiana asked the United States Supreme Court to consider their legal challenge to the federal health care law.

By filing a cert petition, the states formally ask the nation’s highest court to decide whether it is constitutional for Congress to mandate private individuals to buy health insurance or face a financial penalty – and if not, whether the entire health care law must be invalidated.

“From the outset it has been our goal to bring this case to the United States Supreme Court, and today we ask the court to hear the question of whether Congress can mandate an individual to make a private purchase or suffer a fine. It was both appropriate and necessary for the states to challenge whether Congress and the President have this unprecedented claim of authority within their enumerated powers under the Constitution,” Indiana Attorney General Greg Zoeller said.

The plaintiffs now include Indiana, Florida, 24 other states, the National Federation of Independent Business (NFIB) and two private individuals. Originally filed in March 2010, the suit alleges the new federal Affordable Care Act (ACA) is unconstitutional. A federal district court in Pensacola, Florida, agreed and on January 31 struck down the entire law as unconstitutional. The federal government appealed the lower court decision, but on August 12 the U.S. 11th Circuit Court of Appeals in Atlanta ruled partially in favor of the states, holding that the individual mandate portion of the federal law is unconstitutional, though allowing other parts of the law to stand.

Because the 11th Circuit did not rule for the states on all counts, the states today have formally requested United States Supreme Court intervention, formally called filing a petition for writ of certiorari. The 26 states are represented by former United States Solicitor General Paul Clement, who filed the 38-page brief asking the Supreme Court to hear the case during its new term that starts next week. It will be up to the Supreme Court justices to decide whether to hear the states’ lawsuit or decline and allow the lower court ruling to stand. If the high court agrees to hear the case, there could be additional briefing and oral argument, likely culminating in a decision sometime next year.

“There is no question that we need reform of the health care system in this country. But this reform must pass constitutional muster; and the sweeping individual mandate must be put to the test before we open the door to Congress requiring people to buy other commercial products against their will. One of my duties as Attorney General is to defend the state from injurious federal encroachment and defend against infringing upon the rights of individuals. Joining this respectful legal challenge with the other states at no additional cost to Indiana taxpayers was the proper way to assert the state’s authority,” Zoeller added.

Zoeller has not spent additional tax dollars on the multistate challenge beyond his office’s regular budget the Legislature previously approved. Indiana has not paid legal fees to join the lawsuit or appeal and has not paid anything for outside legal counsel. Other states have borne the costs.

In February 2010, at U.S. Senator Richard Lugar’s request, Zoeller and Indiana Solicitor General Thomas Fisher prepared a 55-page report and analysis of the federal health care legislation still before Congress at the time. The issues the Attorney General’s report cited concerning the individual mandate and the federal requirement on state governments to dramatically expand their Medicaid programs helped the plaintiff states prepare some of the legal arguments that the group later filed in their legal challenge in the Florida federal court.

In addition to Indiana and Florida, the plaintiff states bringing the multi-state challenge include South Carolina, Nebraska, Texas, Utah, Louisiana, Alabama, Colorado, Michigan, Pennsylvania, Washington, Idaho, South Dakota, Mississippi, Nevada, Arizona, Georgia, Alaska, North Dakota, Ohio, Kansas, Wyoming, Wisconsin, Maine and Iowa. The U.S. Department of Justice represents the federal government defendants.