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Alcohol, Tobacco, and Guns: The Smoking Ordinance

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Joe Wallace

Alcohol, Tobacco, and Guns

By: Joe J. Wallace

Yesterday, one of our readers and a frequent commenter who goes by the handle of “Sadie Mae” posted the following comment in response to our article regarding the comprehensive smoking ban that takes effect today in Vanderburgh County but not in the City of Evansville.

“My only problem with the CCO is that it wants less government, but wants the government to stop smoking at business which pay taxes to the government! I don’t smoke, but it’s legal and the owner needs to decide. If you don’t want smoking, most everyplace in Evansville is smoke free. I’m just saying if you are against government in your life, then quit picking and choosing!”

As the City County Observer freely acknowledges that we are predisposed to supporting minimization of the impact of government on our day to day lives, we do not support anarchy, we support good public policy. We particularly do not want to see society degenerate into a self serving jungle as the children in William Golding’s novel “Lord of the Flies” did. Government and laws have a place in society. That place with respect to law enforcement is to protect the individual rights of people from being trampled on by others.

Our so called “rights” were granted to us by the founders of the United States and are accepted to be defined by the first 10 amendments to the Constitution of the United States or the Bill of Rights. Contrary to popular belief, neither the Constitution nor the Bill of Rights mentions tobacco. The second amendment does guarantee the right of the people of the United States to keep and bear arms. We at the City County Observer support the Second Amendment.

Guns are not something that one “needs” to have to survive yet the founders of the country felt so strongly about the need of citizens to own them at their own discretion that the words “shall not be infringed” were included in the Second Amendment. Guns in the hands of responsible people can be used to feed a family, assemble a collection for pleasure, teach mechanical skills and proper maintenance procedures, and yes for protection when an irresponsible person or people infringe upon others rights. In the hands of a serial killer or a freeway shooter guns are a danger to society and are used to deprive people of their right to life randomly and indiscriminately. Guns only become a problem when they are used to oppress. As the old saying goes “guns do not kill people, people kill people”.

The same can be said of tobacco. Tobacco and alcohol have many things in common with guns. All three are legal, none of them can do any damage unless they are “loaded and fired”, and all three kill people when used irresponsibly. Humans have corrupted all three by abusive behavior. A freeway shooter that corrupts a gun by spraying bullets into a crowd of people is prosecuted even if no one is hit. A person who drives under the influence of alcohol endangering innocent bystanders is prosecuted even when there is no wreck. Until recently smokers have been allowed to endanger others indiscriminately without any consequence.

In recent history there have been between 8,000 and 10,000 gun related homicides per year in the United States. There are roughly 25,000 deaths per year to innocent bystanders due to people driving while intoxicated. Second hand smoke on the other hand is attributed to contributing to 53,000 deaths per year. The only variable is time. While a gun or a drunk kill or maim instantly, secondhand smoke can take years. The end result is the same, a valuable member of society gets a premature ride in a hearse.

Some dispute these statistics yet many accept them. We accept these numbers as an accurate and relative measurement of the second hand deaths caused by alcohol, tobacco, and guns. The scientific and forensic evidence of all of these statistics is compelling enough to accept.

So Sadie Mae, here is our answer to your comment. Second hand tobacco kills twice as many people per year as drunk drivers and five times as many people as are murdered with guns. We support a comprehensive smoking ban for the same reasons that we support keeping drunk drivers off of the road and the laws that prevent random shooting into crowds or murder. Alcohol, tobacco, and guns are legal and should continue to be. Your right to live without irresponsible use of these legal things endangering you is something that we also support. A comprehensive smoking ban is part of that protection.

Here is an old song about Alcohol, Tobacco, and Guns.

Take That: July 1, 2011

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Take That: July 1, 2011

IN RESPONSE TO: Executive Inn Dilemma

“Kunkel does NOT have the financing. If they did have it, why in the world wouldn’t they hold it up and say ” give us the business”. In fact, I believe that they are positioning themselves to be the ‘builder of last resort’. When Kunkel gets anointed, it will be part of a ‘Private/Public Partnership’; and the taxpayers will put up 70% of the money to Kunkel’s 30%. There should be a demand made tomorrow, on July 1, 2011, that Kunkel show proof of the existence of their approved financing (100% funded) for this deal.” Beerguy

“The only thing that Beerguy is missing is this will only happen with Kunkel at the helm if the City gives them 100% financing. Why would anyone be fighting to take this deal. The deal is dead. Any halfway sensible business would be asking the city for triple what this deal was for. The fact that they want such a deal when they can get millions more shows how inept this group is. Only scavengers take on deals that are dead. Let the bottom feeders start to circle.” TheDonald

IN RESPONSE TO: Overpriced Public Housing

“We all may be shouting, “Enough!”, in a Hurricane, but no matter what, we can not be silent. Keep on keeping on CCO,—the Wind is changing, and your “Voice” is being heard.” Crash Larue

“I have serious doubts that this is even going to accomplish what HOPE is trying to set out to do, which is revitalize these run-down neighborhoods. I know there will always be exceptions to the rule, but if a person doesn’t have a good chunk of capital invested into the house, more than likely they will not maintain it as well. I predict that the majority of these homes will be in disrepair within 10 years, and millions more of taxpayer dollars will have been flushed down the drain.” Todd

“Is it true that the listings expired on the other front door pride homes and they aren’t even on the market?” Proudgrandpa

IN RESPONSE TO: Skyboxes and Loge Seats

“Never in the history of Evansville has there been a project so conceived in secretcy and so poorly planned. Every hint of progress is met with frustrations of failure and expense. From the no planning of the arena to the no opinion 25 member board to the hotel, to the parking garage, to the size of the arena and to the untold secrets that we may soon learn! All of this with the squandering of our 127 million. As a taxpayer in this City, I think it is time to look at the books a do an audit! I beliee the City prosecutor needs to step up a do his job!” OAKTREE

“Expect to find that Mr. Kish and/or VenueWorks are obtaining written arena skybox commitments from favored friends while acting as agents for the City. Expect to find this bundle of skybox agreements to be quicky approved by unanimous vote by the ERC after the ERC sneaks this in as a “new business” agenda item within the next month or so. Does any of this make you wonder what is going on with the arena naming rights?” Joe Biden

IS IT TRUE? July 1, 2011

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The Mole #??

IS IT TRUE? July 1, 2011

IS IT TRUE…that the City County Observer strives for good public policy?…that one of our most preferred methods to strive for good public policy is through the use of questions?…that the CCO seeks to ask the questions and exposed the malfeasances that others for some reason are reluctant to ask?…that sometimes we already have the answers and use this method to release the truth to our community?…that sometimes operatives try to send us incorrect information to further their own agendas?…that we try very hard to screen incorrect information and for the most part are successful in doing so?…that sometimes something that is not quite perfect does sneak through but not very often?…that if we make a mistake we will always acknowledge it and do our best to correct it?…that E. Lon Walters, candidate for the Evansville City Council made the following post on his Facebook status yesterday?

No man really becomes a fool until he stops asking questions.Charles P. Steinmetz

IS IT TRUE that we agree wholeheartedly with Dr. Steinmetz and commend candidate Walters for posting that for all to see?…that it is the failure to ask the tough questions by the Evansville City Council, the Evansville Redevelopment Commission, and local mainstream media that has aided and abetted the insufficient processes of VETTING that has led to the present situation with the downtown Convention Hotel, the McCurdy, and a host of other ill-advised pieces of governance?…that Steinmetz is a particularly appropriate person to quote in the way that he was quoted because he is famous in electrical engineering circles for not only formulating the questions concerning the use of alternating current and hysteresis but also implement the solution to these problems?…that Evansville has needed people and entities to ask the tough questions of local government for a long time now?…that the courage of curiosity is finally beginning to set in with some citizens?…that with the next administration will come an opportunity for some citizens with solutions to step forward and be heard as well?

IS IT TRUE that the CCO has asked many questions regarding the insufficient VETTING process and the disparities between the COSTS and the MARKET VALUE of the new Downtown Convention Hotel?…that big glaring difference in what happened in Fort Wayne and in Evansville is that Fort Wayne has a hotel and Evansville is still holding a rabbit’s foot and crossing its fingers that a financial rabbit will be pulled out of a hat?…that the cost to build a hotel in Fort Wayne and in Evansville is substantially equal?…that the financial incentive package that the City of Fort Wayne offered to White Lodging had a value of between $25 Million and $32 Million depending on how things like parking places and sidewalks are valued?…that the financial incentive package offered by the City of Evansville to Woodruff Hospitality LLC was between $8M and $15M depending on how some of the extras like land and sky bridges are valued?…that Fort Wayne was willing to offer a richer deal by roughly $17 Million?…that this is a sufficient difference to make a package financeable in a way that the developer/operator of a downtown Convention Hotel can sustain a business?

IS IT TRUE that Fort Wayne has a hotel and Evansville has a broken pile of rocks?

IS IT TRUE that White Lodging that was the developer of the Fort Wayne hotel currently has 162 hotels under management 33 of which are in the State of Indiana?…that White Lodging has hotels in 19 states including every border state to Indiana?…that White Lodging is headquartered in Merrillville, Indiana?…that White Lodging submitted a bid to be the developer of the downtown Evansville Convention Hotel?…that the bid from White Lodging was asking for a financial package that closely resembled the agreement that they received in Fort Wayne?…that White Lodging has experience in building and operating hotels?…that there is a very high probability that if White Lodging had been chosen that today there would be a vibrant construction project going on where that pile of concrete, rebar, and guano that was the Executive Inn sits?…that the pile of rubble currently fowls the view of the MLK Entertainment Complex sits as a monument to the governance of the City of Evansville for failing to follow Dr. Steinmetz’s advice and ask the right questions at the right time?…that the time is now to ask even tougher questions lest the ruse will continue?

IS IT TRUE? June 30, 2011 Special Evening Edition: Another FOIA

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IS IT TRUE? June 30, 2011 Special Evening Edition: Another FOIA

IS IT TRUE that the banks are closed and that there has been no deal announced regarding closing the loan to consummate the development contract for a downtown Convention Hotel to be built to serve the new Arena and the Centre?…that we are now at square one holding the bag for a process that just did not deliver?…that we will be interested to see the real content of the forthcoming RFP to try to get something going again with the hotel project?…that we are concerned that the time allocated to respond will not bring spark the interest of any developer other than the rebirth of Woodruff Hospitality LLC or the group(s) that somehow could not find a way to work together from within Woodruff Hospitality LLC as it exists until midnight tonight?

IS IT TRUE that there is a trench being dug to connect the new Arena to the Civic Center so that the anticipated bandwidth needed to serve 11,000 cell phones, iPhones, iPads, etc. in the Arena are actually functional?…that John Kish did stand before the Evansville City Council and state that there was no cost to the taxpayers of Louisville to get their $2 Million oversight corrected and that there would not be any cost to the taxpayers of Evansville to establish bandwidth either?…that in the spirit of that statement we would like to know what budget from what company or department are paying to dig this trench and to establish the fiber connection to the server bank in the basement of the Civic Center?

IS IT TRUE that the City County Observer has once again been forced by stonewalling and complacency to file a Freedom of Information Act Request with the City of Evansville to get our hands on the real situation with respect to the premium seating in the Arena?…that the text of the latest FOIA is as follows?…that we expect to see whatever exists or does not exists within 21 days of today? Stay Tuned!!

June 30, 2011

Office of the Mayor of Evansville Indiana, the Evansville Department of Metropolitan Development, and the Evansville Redevelopment Commission

RECORDS REQUEST

Dear Records Request Officer:

Pursuant to the state open records act, I request access to and copies of any contracts, agreements, and correspondence between VenuWorks/the Evansville Redevelopment Commission/City of Evansville pertaining to the sale, lease, or rental of all preferred seating, skyboxes, loge seats, or other seating other than general admission seating in the new Evansville Arena.

Furthermore according to the state open records act, I request copies of any contracts, agreements, and correspondence between VenuWorks and the Evansville Redevelopment Commission/City of Evansville pertaining to recommendations and/or approval of any items whatsoever that are delineated in Exhibit A of the Contract for Pre-Opening Consulting services or succeeding agreements between VenuWorks and the Evansville Redevelopment Commission/City of Evansville.

I agree to pay up to $50 to cover the cost of copying the document.

If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act.

Thank you for your assistance.

Sincerely,

Joe J Wallace

Joe Wallace, Editor
City County Observer

OZONE ALERT For Friday July 1, 2011

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OZONE ALERT

EFFECTIVE: Friday, July 1, 2011

The Evansville Environmental Protection Agency and the Vanderburgh County Health Department have issued an OZONE ALERT for Friday, July 1, 2011. Ambient concentrations may reach or exceed the level of the National Ambient Air Quality Standard (NAAQS). This should be the final Alert for this 2-day episode.

The current ozone NAAQS was set by the U.S. E.P.A. in 2008 at an 8-hour average of 76 ppb. 8-hour average ozone levels between 76 to 95 ppb are considered to be unhealthy for sensitive groups such as children and active adults, and people with respiratory diseases like asthma.

Air Quality Index Ozone 8-hr average
Good 0-59 ppb
Moderate 60-75 ppb
Unhealthy for Sensitive Groups 76-95 ppb
Unhealthy 96-115 ppb
Very Unhealthy 116-374 ppb

Within a few hours or days, exposure to higher levels of ozone can cause lung and throat irritation, shortness of breath, increase the frequency of asthma attacks and aggravate respiratory diseases such as asthma, emphysema and bronchitis. Children, active adults, and people with respiratory diseases should limit prolonged outdoor exertion especially between 12:00 p.m. to 6:00 p.m. when ozone levels are highest.

OPEN BURNING is prohibited on Ozone Alerts days.

To do your share to protect air quality and reduce pollution levels:
• USE PUBLIC TRANSIT – RIDE METS FREE ON OZONE ALERT DAYS!
• CONSERVE ENERGY of all kinds – turn off lights, reduce air conditioner use, etc.
• Limit your driving. Avoid unnecessary vehicle idling.
• Park and go inside instead of using drive-through windows, especially if there are long lines.
• Postpone fueling your vehicle until after 6:00 p.m.
• Consider using electric or manually operated lawn equipment. If you use gasoline-powered lawn and garden equipment, stop working at 10:00 a.m. and / or postpone work until after 6:00 p.m.
• Limit the use of solvents, parts cleaning fluids, paint thinners and chemicals. Replace lids when finished.
• Postpone painting or use water-based paints instead of oil-based paints.

IS IT TRUE? June 30, 2011

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The Mole #??

IS IT TRUE? June 30, 2011

IS IT TRUE that it is now the day of reckoning for the development agreement between the Evansville Redevelopment Commission and Woodruff Hospitality LLC?…For all practical purposes if Woodruff Hospitality LLC does not close the financing today the ERC is back to square one and will be issuing a Request For Proposal at their next meeting on July 5th?…that they have stated that the deadline to respond to the forthcoming RFP will be July 19th?…that there are only two potential bidders for this RFP and that those two potential bidders are the separated shareholders of Woodruff Hospitality LLC?…that this seems to be a self limiting plan on the part of the ERC?…that this process would have a better probability of success in attracting new outside interest if the forthcoming RFP has a response date closer to Labor Day?

IS IT TRUE that back in January that Woodruff Hospitality LLC was talking about a construction cycle of 18 months?…that John Kish, arena project manager is on record as stating that even with the best case of a mid July closing of a finance package that a Spring 2012 opening will be on schedule?…that Spring of 2012 will end about 11 months from the best case response date of July 19th?…that Mr. Kish must be assuming that the construction project cycle will be reduced by 7 months just because it is convenient to be that way?…that is a real stretch for a guy who has managed the Arena project pretty much according to the original schedule?…that Mr. Kish must not be familiar with the old adage that “2 women can not birth a baby in 4 1/2 months”?…that some things have a gestation period that is best not altered by much?…that maybe with this kind of paradigm that we are heading for a “premature hotel”?…that there seems to be a whole lot of running out the clock going on in and around the Civic Center these days?

IS IT TRUE that the reader’s questions keep coming in regarding the INSIDER DEALS that seem to have happened with the sales of Skyboxes and Loge Seating in the Evansville Arena?…that there is quite an outrage within our readership of people who can afford and would have had an interest in the available options?…that doing INSIDER DEALS for premium seating smacks of arrogance and preferential treatment?…that these kinds of INSIDER DEALS are just too common in the governance of the City of Evansville?…that these kinds of deals that award premium seats preferentially to hand-picked people not only under prices the seating but creates a state of an aristocracy or even an oligarchy in a city that claims to be inclusive?…that the Evansville aristocracy seems to have been given deals on premium seating that is paid for with public money and that the public never had any opportunity to purchase this seating?…that this is about as honest and transparent as concert promoters taking all of the best seats to an event and fencing them on Stubhub.com for more than the face value?

IS IT TRUE that the temporary contract with VenuWorks mandates ERC approval for long term contracts?…that no such contracts have been approved in a public meeting?…that this business by virtue of the Indiana Sunshine Laws should be conducted in public?…that the City County Observer has asked nicely for copies of any seating contracts for the new Arena?…that we have waited three days and have not received anything?…that the ball was tossed to Mr. Kish?…that we shall be filing another Freedom of Information Act request this week?…that it is ludicrous that we have to resort to such tactics to force transparency from the management of the Arena project?

IS IT TRUE that it was absolutely refreshing to see a real time pair of position papers released by the two candidates for Mayor of Evansville yesterday?…that in this case they agreed albeit for different reasons that the proposal from the ECTA for 12 tennis courts at Wesselman Park should not receive public funding or public land?…that we look forward to more situations where position papers are needed?…that the topics screaming for position papers are the Executive Inn Dilemma, the McCurdy, the EPA compliant CSO plan, reforming our City Parks, the local Economy, execution of any plans, and staffing in the Civic Center?…that the for the majority of June the candidates have been strangely silent?…that we were beginning to fear PARALYSIS BY ANALYSIS may have been setting in?…that the time to start disclosing plans is now?

Smokefree Air Coming to Vanderburgh County this Friday

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Martha Caine, Indiana Smokefree Communities

The Bad Decision of 2008 is Finally Reversed

The Vanderburgh County smokefree air ordinance goes into effect this Friday, July 1. If you are going out to eat this weekend, please consider visiting any of the six locations that are going smokefree and tell the owner or manager that you appreciate the smokefree atmosphere. Casey Williams will be providing entertainment from 6-9 p.m. on Friday at the Hornet’s Nest.

Nisbet Inn
Becky Harl, Owner
6701 Nisbet Road
Haubstadt, IN 47639-9222

Hornet’s Nest
Derek Ungethiem, Owner
11845 Petersburg Road
Evansville, IN 47725-8354

Show Me’s West
Tyler Francis, General Manager
5501 Pearl Drive
Evansville, IN 47712

American Legion Post 8
Harold Pfender, Commander
6001 New Harmony Road
Evansville, IN 47720-2547

New Frontier
Vicki Schmitt and John Backes, Owners
12945 SR HWY 57
Evansville, IN 58836-7619

St. Joe Inn
Darlene Young, Owner
9515 St. Wendel Road
Evansville, IN 47720-8142

Have a great holiday weekend!

IS IT TRUE? June 30, 2011 Overpriced Public Housing

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IS IT TRUE? – 2 June 30, 2011 Overpriced Housing

IS IT TRUE that this fall the Project Hope will be seeking bids to build 40 homes for low income families in the Front Door Pride area?…that the budget for these 40 homes is approximately $9.5 Million?…that this works out to nearly $240,000 each?…that as has been established by the unsold inventory of Front Door Pride homes the market value for homes that cost the government $240,000 to build have a market value of only about $130,000 each?…that this project has a solution to the difficulty in finding low income people who want to buy such houses and can qualify for the loans needed?…that these 40 house will be sold on 15 year lease/purchase agreements?…that the lease amounts are not even half of what the payment would be for $240,000 homes?…that as noble and kind as it is to encourage home ownership among low income people that losing over $100,000 per house will flat out waste at least $4 Million of taxpayer money?…that it does not matter to some people because this program is funded by federal dollars?….THAT WASTING FEDERAL GOVERNMENT MONEY IS WASTING YOUR MONEY?

IS IT TRUE that this program of putting renters into homes that are substantially the same as the existing Front Door Pride homes will DEVALUE these home further?…that Evansville and especially the FDP area has a 50 year history of population losses?…that new houses are not needed in a shrinking population?…that there are plenty of houses for sale in other areas of Evansville at market values of less than $240,000 that are much larger and in safer neighborhoods than these are?…that this area of town is also completely served by combined sewers that are under EPA order to be upgraded?…that many of these homes are destined for vacant lots and abandoned homes?…that vacant lots and abandoned homes to not have a need to go to the bathroom?…that adding structures and people to this area will further stress an already condemned sewer system?…that maybe a better solution would be to just pay market value for homes elsewhere are let the CSO served areas depopulate?

IS IT TRUE that if government housing programs had even a shred of practicality for valuation metrics that things like this would never happen?…that the old safe house that is slated for 32 apartments to be refurbished for you guessed it $240,000 each makes these 40 houses look like a blue light special?…that the kind of apartments that are slated to be refurbished can be bought on the open market for less than $20,000 per apartment?…that anytime you hear the words FREE FEDERAL GOVERNMENT MONEY that you can bet that there will be massive waste involved?…that Evansville should actually set an example for the rest of the country and visibly turn wasteful projects away?…that every city anywhere in America that accepts federal money to pay 2x, 5x, or even 10x current market rates is an enabler to the runaway national debt?…that this exercise in nothing down overpriced housing backed by the federal government is quite responsible for the meltdown in the housing markets that we are experiencing in this country?…that the government seems to be the only entity that did not learn its lesson?

IS IT TRUE that housing is not the only area of the federal government that is practicing wasteful spending?…that some estimates opine that government spending could be cut by 50% across the board without most regular citizens missing a thing?…that with $500 hammers, $240,000 apartments in Evansville, and Million dollar missiles that is believable?

Fort Wayne Hotel Development Agreement

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A Reminder of a Development Agreement that actually resulted in a Hotel

Link to the Agreement:

Fort Wayne Hotel Agreement

Fort Wayne Downtown Revitalization Profiled in New York Times

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Perhaps Evansville could learn the Vetting and financing processes from Fort Wayne

Excerpts:

“The $110 million redevelopment effort, called Harrison Square, so far includes the ballpark, a brand-new Marriott Courtyard hotel and a 900-space parking garage; and skywalks to connect the Marriott and an existing Hilton hotel to the expanded Grand Wayne Convention Center, which will host the 2012 state Democratic convention.”

“But the Harrison, a 100,000-square-foot structure that will also have space for retail stores and offices, has been stalled by the recession and the inability to get financing. On June 13, a little more than two years after it was supposed to be finished, Mayor Tom C. Henry announced a private-public partnership that will finance the $18 million building.”

“Last Sept. 1, the 250-room Marriott Courtyard hotel and a 900-space parking garage opened, both of them overlooking Parkview Field. The $30 million undertaking by White Lodging, a Merrillville, Ind. real estate firm specializing in hotels, more than doubled the number of hotel rooms within walking distance of the convention center. The mayor and Mr. Richard like to boast that the Indiana State Democratic Convention has scheduled its 2012 convention in Fort Wayne because there are finally enough rooms to accommodate 2,000 convention-goers.”

Link to Full Article

http://www.nytimes.com/2011/06/29/realestate/commercial/an-indiana-town-lures-renters-with-ballpark-views.html?src=recg