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IU Professor Demands Proper Disclosure from Nations Law Schools

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JD Graduates Saddled with Massive Debt and No Jobs

Professor William Henderson of Indiana University has used the term “Enron-type” accounting standards to describe the recruitment tactics used to lure optimistic young people into the nations law schools. In a seven page feature in today’s New York Times, Professor Henderson and others discuss how law schools game the data in order to present misleading data about the current employment status of recent graduates. For example did you know that a person with a new JD who is working at Applebee’s or has a temporary job doing tasks completely unrelated to their legal education is considered “employed” for reporting purposes? Technically they are employed, but to use that kind of data to recruit a young person into a program that ends three years later with six figures of debt is certainly closer to gambling than investing. The article goes on to state that what freshmen are taught against doing in their “Disclosures and Ethics” class is quite close to the practices of the institutions that are teaching them not to do.

For those who are in or are considering law school this article would make a good lesson in caveat emptor (let the buyer beware). It is also refreshing to see a fellow Hoosier is one of the few insiders who are willing to blow the whistle on a practice he says makes him feel dirty. Here is a link to the article for those with a deep interest in this topic.

http://www.nytimes.com/2011/01/09/business/09law.html?pagewanted=1&src=ISMR_HP_LO_MST_FB

THE SKINNY ON MOUTHWASHES

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THE SKINNY ON MOUTHWASHES

by Ted L. Huppert, D.D.S.

You know that really yucchy taste you have in your mouth when you wake up in the morning, that awful smell when you huff into the palm of your hand? Oh, yeah. So, you shuffle into the bathroom, uncap the mouthwash, take a swig right out of the bottle and swoosh it around, maybe gargle. You spit and huff again. Ahhh, that’s better. Okay, so your breath smells better and your mouth feels fresher, but has that mouthwash really done anything?

First, let’s talk about where that bad breath comes from. Most people think it’s from dirty teeth. And sometimes it is. But, for the average person with fair oral hygiene, it’s usually from the back one-third of the tongue. What makes the smell? Bad odors from the mouth are created by food debris and bacteria lodged in the surface of the tongue and frequently by gases that contain sulfur compounds, which are given off by decomposing dead skin cells from our gums, tongue, and the lining of our mouths. The smelliest is called cadaverine and its most common source is obvious from its name. Anyway, as these dead cells break down, they give off noxious fumes. That’s what you’re smelling and tasting.

Most mouthwashes are primarily water and alcohol with sweeteners, flavoring, and coloring. They do have a little antiseptic action, due mostly to the alcohol, which can run anywhere from twenty to thirty percent. But, in general, these only coat the inside of the mouth with pleasant-tasting, fragrant oils, usually mint or cinnamon. They only serve to mask the smell. They do relatively little to eliminate the cause of the malodor. One exception is Cepacol. It contains an effective antiseptic and still tastes good!

The most effective mouthwash you can get without a prescription is Listerine. It is over 20% alcohol, but the most important ingredients are aromatic oils: thymol, menthol, and eucalyptol. These are also called essential oils, not because they are absolutely necessary, but because they are the essence of their respective source herbs, thyme, mint, and eucalyptus. Listerine kills lots of oral bacteria on contact, not only the ones that cause bad breath, but also the ones that form plaque on the teeth. Rinsing with Listerine after brushing and flossing, morning and night, can keep your breath fresh and help control plaque and calculus (tartar) on the teeth. It’s a good product that does what it claims to do. There is also a Listerine specifically compounded for tartar control and, if you form tartar rapidly, you might want to choose it.

If heavy plaque and tartar build-up or tender and swollen gums are a persistent problem, your dentist can prescribe a mouthwash that contains a powerful antiseptic called chlorhexadine. These mouthwashes are available by prescription only. A one-minute rinse with these products will kill about 95% or more of all the bacteria in the mouth, and believe me, that’s a lot of bacteria. The chlorhexadine can stain your teeth, though, so you need to practice excellent oral hygiene to minimize staining. But, this staining polishes off and is a worthwhile compromise if you need a chlorhexadine product to keep your gums healthy. The health of the gums is primary to keeping your teeth for a lifetime.

Most over-the-counter mouthwashes, including regular Listerine, and chlorhexadine products all contain alcohol. Alcohol can dry the mouth, and dry mouth can contribute to tooth decay and gum irritation. If you are troubled with dry mouth or if you take medications that cause dry mouth, and lots of meds do, you should look for a non-alcohol mouthwash. Non-alcohol mouthwashes would include Crest ProHealth, Listerine ZERO, and Smart Mouth. There are also mouthwashes that are specifically for treating dry mouth. They contain mouth moisturizers and enzymes that help stimulate salivary flow. Commonly available ones are Biotene and Oasis. If you have a specific requirement in mouthwash, just take the time to read some labels.

There are also mouthwashes that contain fluoride, like Act, Fluorigard, and Listerine Total Care. These can be helpful in fighting cavities if you have a problem with frequent decay, but you should use those only if your dentist recommends them. If too much fluoride is swallowed, especially by young children, spotting or pitting of the developing permanent teeth, which is termed fluorosis, may occur, so avoid fluoride mouthwash for kids who can’t or won’t spit it out.

If you have a problem with persistent bad breath, it would be wise to see your dentist or physician. Some serious medical conditions, including chronic sinusitis, diabetes, and some cancers, can produce bad breath. So, it is important to discover the cause of bad breath and not just cover it up with a swish of minty freshness.

Why Who Ordered the Opus One Matters

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Joe Vezzoso, Chairman of the ECVB

Guest Editorial by Joe J. Wallace

Why Who Ordered the Opus One Matters

Who would have ever thought that a wine that was established for the sole purpose of catering to the upper class of the worlds centers of wealth would have such a week of free advertising in little old Evansville. Opus One was started for the purpose of creating a brand that would be recognized and consumed by quite frankly wealthy people. The name itself was chosen to combine English and Latin in a way that the French would recognize the brand. The royal family of wine in Napa Valley, California the Mondavis formed the joint venture with a real Royal Family from France, the Rothchilds, to go forth and create wines that only educated pallets and conspicuous consumers could ever appreciate. Opus One was bred to be an over $100 per bottle wine in stores and I reckon a $250 per bottle wine in restaurants in Midwestern cities.

This week it became public knowledge that the Board of Directors of the Evansville Convention and Visitors Bureau celebrated Christmas with a dinner that included 5 bottles of $250 each of burgundy sunshine. Those five bottles including tax and gratuity constituted $1,605 of a total bill of $3,079 that set off a firestorm in the City of Evansville this week. If the cost of the Opus One is removed from the bill the total for the 14 celebrants would have been $1,474 or slightly over $105 per person. Now $105 per person is an expensive dinner, but $220 per person is excessive. Without the Opus One, this dinner would have been at the low end of past dinners enjoyed by the Board of Directors of the ECVB when they gathered together to celebrate.

For this reason, “who ordered the Opus?” is a question that should be asked. Chairman of the Board Joe
Vezzoso is on record as saying that it does not matter who ordered the Opus. He says that because as a growing number of people have privately stated, he is the person who sat at the head of the table and ordered all 5 bottles of the Opus. By making that decision and placing that order Chairman Vezzoso took an expensive dinner and made it excessive. The public response to this excessiveness has robbed the Evansville CVB of the volunteer services of 5 very talented people and their spouses. Perhaps the entire group of professionals and business owners will choose to abstain from public volunteerism from this week forward. If that happens we can thank Mr. Vezzoso for the good deeds that they will now never do.

The members of the board have now equally repaid the expense of the dinner and the CVB has been made whole. The individual members however have not been made whole. To be made whole this is what should happen. Mr. Vezzoso should pick up the $1,605 bill for the Opus himself. He ordered it, he treated everyone, and he should honor the debt of excessiveness that he alone made. What were the other board members and the acting executive director supposed to do? Should they have stopped the event to call out the Chairman of the Board over ordering wine? The rest of the members should pay individually for the alcohol that they each consumed. The remainder of the bill should be approved for payment from CVB funds and treated like all Holiday parties are, as a thank you to the volunteers who spent countless hours pushing this forward.

Dunn Hospitality is a well run business that pays and collects taxes that benefit Evansville. Tucker Publications with its many titles is probably the best ambassador for Evansville lifestyle that has ever been sustained. The other board members are also quite successful in their own right. You may not like the comments that some of these people made after the news of the dinner broke, but you have to respect their talent and dedication. For an area that publically acknowledges having a “brain drain” problem to squander the talents of five proven professionals over the indulgence of one is beyond ridiculous. These people are our friends and neighbors. They are also some of the most talented professionals that the City of Evansville has had FREE access to the talent of for a number of years.

These people’s service as board members of the ECVB is now ended. The genie of this night of extravagance will not be put back into the Opus One bottle. These people however will continue to live and prosper in and around Evansville and hopefully will someday decide to once again volunteer their considerable talents and time to projects in Evansville and Vanderburgh County that desperately need talented people who will work for food.

The Opus One Arena: A Reader’s Naming Rights Idea

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Is this an ingenious way to make lemonade from this weeks lemons?

Today I read a story in the WSJ titled, “MasterCard Buys Naming Rights To Former Beijing Olympics Arena”. It was just a quick story about MasterCard venturing overseas to invest an unknown amount of money in an 18,000 seat basketball arena, in Beijing. As the title indicates, the one used for the Olympics. It also detailed how rare it is for these kinds of deals to actually go through in China. But the whole story reminded me of and alluded to that nebulous topic of naming rights.

After reading it, I couldn’t help but wonder what the status of our new arena naming rights are. Might we get a big sign and labeling that makes our arena look like it might have a drive through lane? I don’t know. Is a deal already in the works, who knows?

It seems to me that if naming rights are to be beneficial to the sponsor and the city, they need to have almost a symbiotic, natural fit. I couldn’t think of any Anheuser-Busch like business in the Evansville area, that fits with ice hockey. While Indy does have ties to Lucas Oil, I think to some it still rings as somewhat foreign, although it does have a story that relates directly to the Indy 500.

Even though it has a story, not everybody is mechanically inclined to care about oil brands and some don’t have an interest in the 500 historically. Not that I have any problem at all with the Lucas Oil stadium name, I just can’t help but perceive how stadium names sort of define a city and/or give it a character of sorts. No doubt the name has provided a certain awareness of their brand now nation wide.

If I’m heading down the highway and I see a KFC or Taco Bell sign and I’m hungry, I’m looking for the drive through that will monetize my advertisement inspired hunger. However, even lacking the drive through [I joke about], I would guess that the local market share impacts are significant in Louisville.

When I got thinking of what kind of stories we might have going for us, I can’t help from trying to find broad based affairs that seem to catch everyone. Not just sports buffs, not just techies, not just women, not just men, not just teens or movie fanatics, etc.

Then I had an idea. Is it possible that we could lure OPUS to come to Indiana to invest an unknown amount into our Arena?

Here’s my thinking. Maybe there is a way to transform a full blown, community wide furor, into the start of a long term marketing relationship? As subjective proof, I’m not a wine drinker, but I’ve never been more curious what a $250 bottle tastes like in my life. And if I’m curious, I’m guessing, wine drinkers have to be salivating.

Is it possible, the OPUS/Mondavi corporation is willing to invest some of their equity into expanding their customer base in the region? (That is, beyond, our ex-directors of CVB) From a business perspective [partly in jest], they might need to adjust something in their budgets anyway to handle the dim prospects for the 2011, Evansville CVB Christmas party.

Also our recently ousted, local connoisseurs, that might feel the subject of a “witch hunt” could find new equivalent volunteer roles better suited to their abilities and interests, possibly? In all seriousness, we’d need some help soliciting interest here. I can not think of any more intriguing “elevator pitch”, than a quick story about how passion for your product [OPUS] cost me a prominent director post and a bit of a public spectacle culminating in an allegation of a good old fashioned witch hunt! (Granted it’s probably not a laughing matter to these folks now, but sometimes a good dose of self-deprecation goes a long way.) If that story could be turned into a positive is it worth a try?

Plus, this whole fiasco could make one hell of a continuing story, and comic relief especially if it were to linger into naming rights!

Imagine the commercial spot opportunities – [Mayor] Evansville, unlike a fine wine, is a combination of old world wisdom and, at times, ripely “unacceptable” decisions… [display the bill] But, like the Opus wine, we have to learn to perform a “balancing act” to try to create an honest, ethical, inviting atmosphere for all. Right, Mr. Dunn? [Dunn] Cheers. [Abell] By the way, who paid for this bottle? [Dunn] I did! [laughter]

And there my attempt at an opus crescendoed into it’s finale, a fantasy where cooperation and civic duty trumped “politics as usual”. And controversy, in perspective, spawned opportunity.

Dan Effinger
Evansville, IN

Guest Editorial: Andrew Smith’s View of the Significance or Insignificance of the CVB Boards Excessive Dinner

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Andrew Smith

“It Takes Allot of Bottles of Opus One to pay for One Arena”

$3,000 doesn’t go as far as it used to. 30 years ago, $3,000 would buy you a new car, make a nice down payment on a home, or send a kid to Harvard for a year. Today, it pays for 12 bottles of Opus One or one Evansville family’s share of the total cost of a new downtown arena. My, how times have changed.

Then again, maybe they haven’t changed so much after all. Drunken excess, scapegoating, and corruption are time-honored political traditions, especially in Evansville.

I can’t help but smile at all the righteous indignation and public outrage over the infamous CVB Christmas Dinner. Don’t get me wrong—it was clearly a colossal lapse in judgment and an inappropriate use of public funds. But it represents a proverbial drop in the bucket in terms of the wastefulness, arrogance, and audacity of Evansville’s political establishment.

To put it in perspective, all those bottles of expensive wine and plates of rich food cost the 100,000 or so taxpaying residents of Vanderburgh County approximately $.03 apiece. That’s a rounding error on a cup of Starbucks coffee. By contrast, the mayor and his coterie of reckless spendthrifts have burdened each and every one of those families with nearly $3,000 of additional and unnecessary debt in order to finance the new downtown stadium project. Those same people met in secret to devise a way to deprive homeowners of $5.1 million in homestead tax exemptions and only fessed up after being caught red-handed. Now, the mayor claims to be “outraged” over a $3,000 dinner party. Is there no honor among thieves?

Meanwhile, Evansville’s ancient sewers continue to rot and crumble leavings swaths of the city virtually uninhabitable during heavy rains, and the city continues to discharge polluted water into the Ohio River in violation of EPA guidelines. The wise and fortunate scramble to escape Evansville’s decaying infrastructure and high taxes, only to be annexed later on by a city desperate for additional tax revenue.

Symbolism is important in politics. All of the lurid excess and injustice of pre-Revolutionary France was crystallized in Marie Antoinette’s relatively harmless, offhand remark “Let them eat cake.” And in modern-day Evansville, the arrogance and disconnectedness of our political class is symbolized by a pricey evening at Biaggi’s during a recession. That is all well and good, but let’s not lose sight of the big picture. It takes more than cracking down on a lavish dinner party to change Evansville’s political culture.

And it takes a whole lot of bottles of Opus One to equal one very expensive stadium.

–Andrew Smith is a former candidate for Evansville City Council and the founder of Sewers before Stadium.

This guest editorial was published without editing or bias on the part of the City County Observer.

Here is a link to a most appropriate cartoon to accompany this letter.

http://city-countyobserver.com/2011/01/07/cartoon-of-the-bacchanalian-fest-vs-ballfield-and-arena-spending/

Cartoon of the Bacchanalian Fest vs. Ballfield and Arena Spending

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Arena = 512,000 Bottles, Ballfields = 72,000 Bottles and that's OKAY??? but 5 Bottles for Christmas is unacceptable???

The Tech Rush in Indiana

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Kristine Danz

The Tech Rush in Indiana
By: Kristine Danz
Partner, Ice Miller Business Group

The blogosphere has been ablaze with some calling the deal “genius” while others calling for greater Securities and Exchange Commission scrutiny of these types of secondary market transactions. While the terms of the deal may be subject to interpretation, there is little doubt that companies in the tech sector will continue to make front page headlines in 2011.

Recently, we’ve seen a number of Indiana’s tech companies rise in prominence. In fact, in December 2010, Lead411 announced its list of the Technology 500. To be eligible, companies must be privately held, headquartered in the United States with over $1 million in revenue in 2009. The rankings were determined by calculating the highest percentage revenue growth between 2007 and 2009. Seven Indiana companies made the list to include Scale Computing (ranking an impressive second overall), BlueLock, Vontoo, Iasta, ExactTarget, Angie’s List and Delivra.

So, what makes the Crossroads of America so attractive to emerging tech companies and what drives their growth? Some of the contributing factors are access to capital, competitive tax credits/incentives and a commitment to develop and commercialize advanced technologies in Indiana.

Access to Capital
The Facebook deal re-defined “alternative financing strategies.” The cash infusion from Goldman Sachs enabled Facebook to delay an initial public stock offering (and the heightened scrutiny and regulation that comes along with it) while simultaneously allowing it to make valuable improvements in its technology. Capital is the key component to success for emerging and entrepreneurial companies looking to grow and gain market share.

Today, private companies in Indiana have a variety of resources in the financing arena available to them. A number of angel investor groups consisting of current and former entrepreneurs have come to fruition and are looking to make investments in early stage technology companies. In addition, Indiana has a broad representation of private equity funds focused on investing in areas such as technology, health care and life sciences. The banks are also starting to get back into the game with Small Business Administration-backed loans for smaller companies.

Competitive Tax Credits/Incentives
The leadership in Indiana has also recognized the importance of creating new jobs for Hoosiers through the development and growth of entrepreneurial companies by supporting their growth from small start-up companies to significant employers within our state’s economy. It has become more expensive and competitive for the state to incentivize companies to move their businesses to Indiana. As such, Indiana has focused on fostering an entrepreneurial culture where individuals are encouraged to start businesses which leverage the talents and strengths that are already inherent in the state’s economy as well as the current workforce. One such method used by the state is the Indiana Venture Capital Tax Credit, which provides a tax credit for investors making an investment in privately held companies in Indiana. In addition, the Indiana Research and Development Tax Credit provides a tax credit for certain expenses spent on research and development. These tax credits were designed to encourage investors to provide capital to emerging growth companies and the activities that may be conducted by them.

Commitment to Develop and Commercialize Advanced Technologies
Government, business and education leaders within the state are committed to working together to foster an “entrepreneurial friendly environment.” Programs like the state’s 21st Century Research and Technology Fund were created in an effort to diversify the state’s economy by focusing on developing and commercializing advanced technologies. According to research by Ball State University, the 21st Century Fund has given 188 awards of $238.5 million spread across 10 rounds. Award amounts expe¬rienced a few peaks and valleys until Round 6, peaking in Round 7 then gradually declining.

Programs like TechPoint’s HALO Capital Group also provide funding opportunities for early stage companies. The group, comprised of over 20 former and current executives, assists with investments between $250,000 to $2 million.

The tech rush in Indiana has already begun. Fortunately, the state is well-armed and eager to attract the next generation of entrepreneurs. If you think you can wait another 10 years to bring that great idea to market, think again. A decade is a millennium in tech time. Just ask Mark Zuckerberg.

Tennis Court Resolution Fails to Get Co-Sponsor on Evansville City Council

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“Mole #3 is Supplied with the Proposed Resolution”

It wasn’t just $18M baseball fields that was being sought after for improvements to be funded by the Evansville Convention and Visitors Bureau during the last days of 2010. There was a member of the Evansville City Council who had the City Counsel’s attorney draw up a resolution to ask for $1.8 Million from the ECVB promote a tennis related project in Wesselman Park. The resolution’s author was not successful in finding a co-sponsor so this is still just an idea. Please read the resolution and feel free to comment on what your thoughts are. If you approve or disapprove of this resolution please call your Evansville City Council members.

Here is the resolution in its unedited form:

RESOLUTION C-2011- SPONSOR: John

A RESOLUTION IN SUPPORT OF
FUNDING FOR THE COMPLETION OF THE WESSELMAN
PARK TENNIS COMPLEX

WHEREAS, the Evansville Community Tennis Association (ECTA) has leased and managed the Wesselman Tennis complex in Wesselman Park for the past eight (8) years in partnership with the City of Evansville Parks Department; and

WHEREAS, in conjunction with the management partnership, a master plan was created in 2004 to expand the courts from 8 outdoor courts to a complex of 18 outdoor courts and 6 indoor backup courts with office space for officials and medical personnel to meet the standards of the United States Tennis Association for sanctioned Junior and Adult tournaments; all at an estimated cost of $3.0 million dollars; and

WHEREAS, since 2004, the following progress has been made:

1). the outdoor courts have been expanded to 12;
2). a viewing platform has been added using all volunteer labor;
3). a 2500 square foot indoor facility has been completed, along with additional parking;
4). participation for adult leagues has increased 47%;
5). the Women’s 10,000 Pro Tournament was given a national award for excellence;
6). the middle school and high school leagues and regional championships are hosted with 2 sanctioned USTA Level 6 Junior and Adult tournaments; and

WHEREAS, $1.2 million dollars has been raised through donations to date, and no public funds have been used for any capital improvements; and

WHEREAS, annual ECTA league fees provide for all maintenance and upkeep of the facility; and

WHEREAS, the land area for the final 12 courts is in the current lease, the site engineering is complete for the expansion, and the engineering plans are ready to complete the final phase; and

WHEREAS, the ECTA has dramatically grown community tennis, and expects to grow another 13% in 2011; and

WHEREAS, completion of the project is expected to provide the following benefits:

1). support over 2,500 adults participating in adult league and tournament play;
2). support over 5,000 children traveling from all over the Midwest to Evansville to participate in regional tournaments;
3). provide approximately 7,000 nights of hotel room usage;
4). provide more than $5,000,000.00 in related spending from lodging, food, fuel and tournament fees;
5). continue to be self-sustaining as to maintenance and upkeep of the facility with no ongoing cost to local government for operation of the complex;
6). gain attention as the finest community tennis complex in the State of Indiana; and

WHEREAS, a capital request to complete the project has been presented to Evansville Convention and Visitors Bureau requesting the $1.8 million dollar cost to complete the Complex; and

WHEREAS, in view of the substantial benefits to the citizens of Evansville, the Evansville City Council supports the funding request made by ECTA to the Evansville Convention and Visitors Bureau.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Evansville that

1. The Evansville City Council wishes to acknowledge and recognize the efforts and accomplishments of the ECTA in developing the Wesselman Park Tennis Complex and in growing community tennis in Evansville.

2. The Evansville City Council supports the request made by the ECTA to the Evansville Convention and Visitors Bureau for funds to complete the project and Master Plan, and urges the Evansville Convention and Visitors Bureau and the Vanderburgh County Council to consider and grant the request.

3. A copy of this Resolution shall be sent to the Evansville Convention and Visitors Bureau, and the Vanderburgh County Council.

IS IT TRUE? January 7, 2011

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The Mole #??

IS IT TRUE? January 7, 2011

Update: IS IT TRUE that you can run but you sure can’t hide?…that when one person leads a group astray by unacceptable behavior such as ordering 5 bottles of Opus One that when checks need to be written those who were just along for the ride will eventually rat out the bad driver?…that splitting the tab equally is not a fair way of sharing the check when one consumes mass quantities and others consume much less?…that the “I am Spartacus” group behavior of the CVB Board of Directors is unravelling?….that at least one board member has let “the Mole” know that the tab for their personal consumption was exactly in line with what most consider appropriate?….that this members tab without the burden of the Opus One and other delicacies that was all ordered by one person yucking it up at the head of the table would have been a manageable $50 per person?….that we expect more people who were there to come forward in the near future.

IS IT TRUE that Evansville Mayor Jonathan Weinzapfel was granted the opportunity to highlight his accomplishments in a sit down interview with WTVW reporter, Lauren Matter that lasted a full 5 minutes and is available for viewing on the following link (http://tristatehomepage.com/fulltext?nxd_id=232766)?… That during this interview the words “I” and “ME” were distributed as freely as glasses of Opus One at a CVB Christmas dinner?….that some of the phrases uttered by Mayor Weinzapfel when talking candidly with Lauren were “We have transformed the City of Evansville”, “the Voters of Evansville have trusted me for 2 elections and I think they would for a 3rd”, “we have fixed the flooding problems on the southeast side”, “one of my goals is that I leave the city in better shape than I received it”, and finally “Now that I have made my announcement not to run for Mayor others may come forward”?

IS IT TRUE that if one believed all that was said in that interview that the only logical conclusion is that Mayor Weinzapfel has transformed Evansville from hell to heaven in his two terms of office?…that when contrasting that with Democratic Candidate for Mayor Rick Davis’s statement at his first Town Hall meeting last night at the C. K. Newsome Center the discrepancies really start to magnify?…that when Mr. Davis was asked several questions by his capacity crowd regarding “when will our sewers be fixed”, his most poignant response was “there is a smell in Evansville that greets visitors who come here”?…that everyone in the room and even everyone in Evansville knows the smell Mr. Davis was referring to?…that the smell is the smell of raw sewage that has lit up the noses of Evansville for 50 years now?….that anyone that says that the combined sewer issue is solved is either lost their sense of smell, having a moment of delusion, or intentionally minimizing the most expensive civic project that City of Evansville will have to deal with after 2012?

IS IT TRUE that just yesterday, it was announced that the City of Evansville has submitted to a consent decree of the United States Department of Justice that calls for the City of Evansville to pay $490,000 in fines and do over $500 Million in repairs to the sewer system?…that does not sound like the EPA and the DOJ share Mayor Weinzapfel’s opinion that the sewers are fixed?….that words are not sufficient to vanquish the turds that continue to plague the City of Evansville when we experience heavy rains?….that the question that needs to be asked by the people of Evansville is the question posed to the American people by Ronald Reagan during the 1980 presidential election?…that question was and is “ARE YOU BETTER OFF TODAY THAN YOU WERE 4 YEARS AGO”?

IS IT TRUE that those among us who are better off considering the fact that Evansville has been “transformed” into a city with less people, lower earnings, more crime, higher unemployment, escalating public debt, and a growing blight problem, should just raise a toast with a well aged glass of Opus One?….that the rest are finally coming to the realization that there are serious problems with the infrastructure, the educational attainment, the air, the water, etc. etc. etc. that will be left for the next Mayor of Evansville to deal with?

IS IT TRUE that the City County Observer agrees wholeheartedly with one thing that Mayor Weinzapfel said in his interview?…that we agree that it is time for someone else to take the reins and run the city?…that the transformation of Evansville is by no means complete?…that the transformation of the City of Evansville is finally at a point where it can START?

City of Evansville Submits to Consent Decree to Repair Sewers and Pay Fines

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$490,000 in Fines and Over $500 Million in Repairs to be Borne by the People of Evansville

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE Thursday, January 6, 2011

City of Evansville, Indiana, Agrees to Upgrade Sewer Systems to Comply with Clean Water Act

WASHINGTON—The city of Evansville, Ind., has agreed to make extensive improvements to its sewer systems that will significantly reduce the city’s longstanding sewage overflows into the Ohio River in a comprehensive Clean Water Act settlement with federal and state governments, the Justice Department, the U.S. Environmental Protection Agency (EPA), and the state of Indiana announced today. The agreement would resolve allegations made in a lawsuit filed by the United States and Indiana in September 2009 against Evansville for alleged violations of its Clean Water Act discharge permits.

Evansville’s sewer system has a history of maintenance and system capacity problems that result in it being overwhelmed by rainfall, causing it to discharge untreated sewage combined with storm water into the Ohio River. Under this settlement, the city will improve operation and maintenance, as well as develop and implement a comprehensive plan to increase capacity of its sewer system to minimize, and in many cases, eliminate those overflows. Costs may exceed $500 million. The plan must be fully implemented by calendar year 2032 or 2037, depending on Evansville’s financial health. Additional measures to improve the capacity, management, operation, and maintenance of its separate sanitary sewer system to eliminate overflows of untreated sewage will begin immediately.

In addition, the city will take immediate steps to upgrade the treatment capacity of its two wastewater treatment plants. In total, the measures undertaken by the city of Evansville and required by today’s settlement will help eliminate over four million pounds of pollutants and hundreds of millions of gallons of untreated overflows discharged into the Ohio River and Pigeon Creek every year.

“Evansville’s inadequate and aging sanitation infrastructure allows potentially harmful sewage and storm water overflows into the Ohio River,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “As a result of this settlement, Evansville will implement significant measures to achieve the requirements of the Clean Water Act. Like other settlements we have reached in municipalities across the country with outdated sewer systems, this settlement will protect public health and improve the water quality for the local community.”

“By reducing the volume of sewage and polluted runoff entering the Ohio River, this settlement will improve water quality and protect the health of people that use the river,” said EPA Regional Administrator Susan Hedman. “The comprehensive plan will improve the performance and sustainability of Evansville’s sewer system and significantly reduce basement backups and overflows.”

In addition to improving its sewer system, Evansville has agreed to pay the U.S. a civil penalty of $420,000 and the state of Indiana a civil penalty of $70,000. Evansville will also implement an environmental project that will connect homes with failing septic systems to the city’s sewer system at a cost of more than $4 million. Failing septic systems often contribute significant pollutants that can impair local water quality.

Evansville is located in Vanderburgh County on the north bank of the Ohio River in southwest Indiana. Evansville’s sewer system serves a population of approximately 163,000. Thirty-nine percent of Evansville’s total sewered area is served by combined sewers while 61 percent is served by separate sanitary sewers. The combined sewers are located in the older, downtown portion of Evansville and lack sufficient capacity to transport all of the combined sewage that it receives to Evansville’s two wastewater treatment plants during rainfall. As a result, Evansville commonly discharges the combination of sewage and storm water through one or more of its 22 combined sewer overflow outfalls on the Ohio River and Pigeon Creek.

In the past, the U.S. has reached similar agreements with numerous municipal entities across the country including Jeffersonville, Ind.; Fort Wayne, Ind.; Indianapolis; Nashville, Tenn.; Mobile, Ala.; Jefferson County (Birmingham), Ala.; Atlanta; Knoxville, Tenn.; Miami; New Orleans; Toledo, Ohio; Hamilton County (Cincinnati), Ohio; Baltimore; Los Angeles; Louisville, Ky.; and northern Kentucky’s No. 1 Sanitation District.

Once the consent decree is lodged in the U.S. District Court for the Southern District of Indiana, it will be subject to a 30-day public comment period and approval by the federal court. A copy of the consent decree will be available on the Justice Department website at www.usdoj.gov/enrd/Consent_Decrees.html