Thursday, September 29, 2011

Agenda for October 4th Commissioners Meeting

AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
October 4, 2011
6:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana

EXECUTIVE SESSION @ 5:30 PM – Pending Litigation

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. OLD BUSINESS
1. Private Real Property Rights Preservation Ordinance
2. Revised Jail Expansion Project
3. Med Ben – Wellness Program
4. Sick Time Donation
5. Unnecessary Regulations Discussion

IV. NEW BUSINESS
1. Brock Brown – Gallager Asphalt
2. Hoosier Square Bid Presentation
3. Margaret Minzner – Data Sharing MOU and WTH Contract
4. Steve Renihan – DCRSD Request to go to Council regarding Contingency Fund 5. 5. Sheriff Mike Kreinhop – Inmate Medical Fees

V. HIGHWAY DEPARTMENT- Todd Listerman
Updates

VI. AUDITOR – Gayle Pennington
1. Claims/Minutes

VII. ATTORNEY - Andy Baudendistel

VIII. COUNTY COORDINATOR – Bill Ewbank
1. Public Surplus Auction

IX. COMMISSIONER COMMENTS

X. LATE ARRIVAL INFORMATION

XI. PUBLIC COMMENT

XII. ADJOURN

Operation Thank You - Brett Bondurant - Local Soldier injured in Afghanistan

We have a Indiana OTY (Operation Thank You) soldier that was critically injured in Afghanistan yesterday.

Please pray for Brett Bondurant and his family. He was seriously injured by an IED last night. He has lost both legs and suffers from various other injuries. He was with 3 other soldiers, one was KIA and the other two suffered severe injuries as well. Keep them all in your thoughts and prayers...The family has asked everyone including business's to display a Yellow Ribbon in his Honor.

I am asking everyone to get a Thinking Of You Card and get as many signatures as possible.
Please send them to our P. O. Box below and we will get them to him.
Thank You
Tim & Sue Nobbe


Brett Bondurant
C/O Operation Thank You Indiana
P.O. Box 93
Guilford, Indiana 47022

Monday, September 26, 2011

26 September 2011 Dearborn County Plan Commission Meeting Notes

26 September 2011 Dearborn County Plan Commission Meeting Notes

Present: Mike Hall, Chairman, Dennis Kraus Jr., Russell Beiersdorfer, Mark Lehman, Mike Hornbach, Jeff Hughes, Jake Hoog, Dan Lansing, and Ken Nelson
Also Present: Mark McCormack, Plan Director, and Arnie McGill, Attorney.

NEW BUSINESS:

1. Request to vacate portions of streets and alleys in Hardintown by applicant Dennis Kraus for Owner, Terry Cornett. Site location is West Street in Lawrenceburg Township on 0.24 acres of M-3 zoned land.

Dennis Kraus. Jr. stepped down from the Board and left the room for this item of business.

Mark McCormack summarized:
1) The subject land area—Lawrenceburg Township, Township 5, Range 1, Section 2, identified as an alleyway and a portion of the West Street right-of-way in the Town of Hardinsburgh—is
currently located within a Manufacturing Three (M-3) Zoning District.
2) The Town of Hardinsburgh was platted in 1815; Findlay’s Addition was added in 1817. The
Petitioner’s request is located within the unincorporated area of Dearborn County—
immediately adjacent to the City of Greendale’s jurisdictional limits (separated by the
Lawrenceburg Conservancy District’s levee).
3) The Petitioner is requesting to vacate:
a. An unimproved, unmaintained (150-foot long) portion of the sixty-six-foot (66’)
wide West Street right-of-way—north of Walnut Street—in the Town of
Hardinsburgh
b. Two (2) unnamed 16.5-foot unimproved alleyways—one perpendicular to West
Street, between Lots 50 and 51, the other situated immediately parallel to West
Street (on the west side). The purpose is to clean up some encroachments on some buildings that are there and have been for a long time. The house is next to the Aztec Automotive business, with the alleyway alongside there.
4) According to the documents submitted by the Petitioners’ surveyor, West Street “…is a street
that has been “cut off” by the building of first the canal, then the railroad, and now by the
levee. There cannot be any development served by this street…There currently is no one using
this area for access.”

Oxbow representative is present as they are concerned with any development in their area. The conservancy district has been surveying in the area per McCormack.

Jeff Stenger, surveyor, presented for the applicant. He further described the alleys as ROW for streets. They seek to clean up surveys to correctly describe the plat lines. Mike Hall said he tried to get in contact with eth conservancy district, but has had no reply yet. He assumes there is no problem, or they’d be in contact as they were notified. There were some issues with monuments in the town and Kraus chose to go with the survey lines that match up in the entire town. There are some issues with the levee and there is a 20 ft easement they are to avoid encroaching upon. They want to have it on the survey in case someone buys the land in the future so they KNOW what is expected of them. The board checked to be sure the lots in the area has public access.

John Seymour representing Oxbow, Inc. and they are not here to lay any roadblocks to this. This area is prone to flooding and has been flooded in 1997. They want to go on record that this should not be developed and hope that eventually this area gets returned back to a usage that is NOT manufacturing as it is now. If they ever want to discuss putting a conservation easement on this land we would be willing to talk to you about that. It might be of some economic benefit to you in the future.

Hughes has no problem. Beiersdorfer wanted the easement added to the plat drawings- it’s a 20% easement parallel to the existing slope or boundary. Stenger will check with Richard Butler- the Conservancy District attorney.

Nelson motioned and Beiersdorfer seconded to forward a favorable recommendation to vacate the above alleyways and ROWs to the Commissioners conditioned upon a satisfactory easement for the Conservancy District to be put on the plat and recorded. All ayes.

Dennis Kraus, Jr. returned to the board.

2. Proposed Changes to the Dearborn County Zoning Ordinance and Subdivision Control Ordinance- McCormack wanted to upgrade our code to match the changes enacted by our legislature.

Section 160 on appeals and waivers is to have a section say: As a condition of granting a waiver under this section, the PC may allow or require a commitment to be made (as outlined in IC36-7-4-1015.) This would allow it to be done as written commitments that are recorded and more accessible. These are optional. Kraus Jr. motioned and Lansing seconded to pass Favorable recommendation to the commissioners. All ayes.

Article 2 is to be subdivided into 2 sections – number 280 and 282. The state code allows the commissioners to do a vacation of ROW without going to the PC. This was confused when they were dealing with Happy Hollow and Langley Heights.

For 280- If all owners are in agreement on a plat vacation they can bypass PC and do so via a written instrument that is recorded. They can also go to the PC if all are not in agreement on the plat vacation. They still record the vacation is approved. They do not have to go to Commissioners for a plat vacation.

For 282- When Vacation is for a public way or place- it goes to the Commissioners. It can only go to the PC IF the commissioners want it to go to PC. If approved by Commissioners it still gets recorded and a copy goes to the auditor
.
In 280 and 282 there are different processes for appeals of the decisions.

The board wanted to have surveys of these plats or public ways and places- not just a map or line drawing.

Nelson motioned and Hughes seconded to get the tech review committee to look over these ideas before forwarding to the Commissioners . All ayes.



2. Proposed Changes to the fee schedule- had only one change- the waiver fee was $150. The GIS fees are already approved by Commissioners and McCormack just wants the Planning dept fees for the same services to match up. There was a big discussion regarding how expensive it is now for surveyors to get printouts compared to before. Hughes and McCormack suggested they get these issues to Margaret Minzner in GIS Dept. The idea was to charge $2/sq. ft. The surveyors needed more detail than these maps gave them now too. McCormack noted that the realtors and bankers were happy with the GIS information set up. The surveyors actually are paying more now for less information. He suggested the surveyors meet and get their concerns to the Commissioners who oversee GIS.
Nelson raised several issues with the entire fee schedule and wanting some reduced. McCormack said that the remainder of the fees had been in existence since before his tenure as director. He is willing to go over these whenever the board wants- but also noted that there is a significant amount of staff work on some of these requests. The idea was to not have the taxpayers subsidize individual requests.

Hughes motioned and Lansing seconded to accept the nee schedule updates. All ayes

ADMINISTRATIVE:

Assistant Planner Ron Ballard was promoted to zoning administrator.

Resumes are coming in already for the position opened for assistant planner.

Old Orchard financial guarantee is due Oct 1. They have not gotten it in yet.

Staff working with OKI with regional planning with HUD for $5million grant. McCormack has been attending meetings on this. They are doing some land use analyses, etc. they will discuss this further if they get the grant.

Grant assistance was provided for Animal Control.

Grant work for phase 1 of a 30 acre park for St, Leon and also one for Manchester.

Ordinances on landscaping and parking lots. Hughes relayed the lack of use of the tree planted area in the middle of a mall area in Florence. He thinks it’s too much regulation. McCormack said he also didn’t think Lawrenceburg had any in their city ordinance. McCormack said the problem is the front yard setbacks are so large that parking ends up there rather than in the side or rear yards. He outlined some of the reasoning on the islands. He thought the landscape needs to be more on the perimeter as buffer. The applicants have been given some flexibility unless there is a variance of more than 25% required.

McCormack said that he’d like to take a couple months to do it right. Hughes wanted to rescind the parking lot interior landscaping for section 2245. He was informed that the PC has to make the recommendation. They also have to advertise this for the Oct meeting. If the Commissioners asked for it- PC would have 60 days to respond. This will be on Oct agenda.

Meeting adjourned at 8: 50 PM

Christine Brauer Mueller
Lawrenceburg Township

Friday, September 23, 2011

Motions In Limine Filed and Approved at Pre-Trial by Judge Hill for Brewington Trial

STATE OF INDIANA IN THE DEARBORN CIRCUIT COURT
Filed SEP -6 -2011 CLERK OF DEARBORN CIRCUIT COURT
CAUSE NO. 151002-1103-FD-084
COUNTY OF DEARBORN
STATE OF INDIANA
VS.
DANIEL BREWINGTON

MOTION IN LIMINE
Comes now the Defendant herein, Daniel Brewington, by Counsel, Bryan E.
Barrett, and moves the Court for an Order in Limine instructing the State of Indiana and
the State's Witnesses to refrain from making any reference whatsoever, directly or
indirectly, during voir dire, opening statement, closing statement, questioning of
witnesses, objections, argument, or at any other time during the trial in any manner
without first obtaining permission of the Court, outside the presence and hearing of the
jury concerning the following:
Any prior misconduct, charged or uncharged, any criminal convictions, or other prior bad acts of Daniel Brewington.

Wherefore, The Defendant, by Counsel respectfully requests the Court grant this Motion In Limine and prays for all other relief just and proper in the premises.
Bryan Barrett
Attorney for Defendant
Indiana Attorney #4325-73

CERTIFICATE OF SERVICE
I certify that A TRUE COPY OF THIS PLEADING HAS BEEN SERVED ON THE Rush County Prosecutor on this 2nd day of September, 2011

Bryan E Barrett



STATE OF INDIANA ) IN THE DEARBORN SUPERIOR COURT II
)
COUNTY OF DEARBORN)
)
STATE OF INDIANA )
)
v. )
)
DANIEL BREWINGTON ) CAUSE NO. 15D02-1103-FD-084
MOTION IN LIMINE
Comes now the State of Indiana by F. Aaron Negangard, Prosecuting Attorney
for the Seventh Judicial Circuit, and moves in limine that Defendant, counsel, and
witnesses, be prohibited during voir dire or trial, from mentioning, referring to,
questioning about, or otherwise conveying or attempting to convey to the jury, directly or
indirectly, the following:

1. Any reference the civil action pending in the United States District Court for
the Southern District of Indiana under Civil Action No. 1:11-CV-1144SEB-DML.

2. Any medical treatment or medication the Defendant has received while in the
custody of the Dearborn County Law Enforcement Center.

3. Any reference to criminal history or backgrounds of any of State's witnesses
except as permitted under Indiana Rules of Evidence, particularly during voir dire or any
other part of the trial, unless and until such witness has testified. Indiana Rule of
Evidence 608 and 609.

4. Opinions concerning intent, guilt or innocence of the Defendant, the truth or
falsity of the allegations, whether another witness has testified truthfully, or legal
conclusions. See Indiana Rule of Evidence 704(b). Specifically, the State requests the Court to Order Defendant to refrain from asking witnesses whether they believe
Defendant committed the charged offense (or any other similar question).

5. Any alleged witness statements or other evidence not disclosed to the State in
advance of trial, pursuant to this Court's Discovery Order. Hicks v. State, 544 N.E.2d
500 (Ind. 1989).

6. Any affirmative defense that has not been raised or disclosed to the State in
advance of trial, pursuant to statutory or trial rule requirements.

7. Any discussion concerning the penalties Defendant may face if convicted.
"Inasmuch as the jury in a felony case has no sentencing function it should not be
informed as to the range of sentences possible." Wisehart v. State, 484 N.E.2d 949
(Ind. 1985). "These instructions do not contain information concerning a possible
sentence. The Court alone is responsible for sentencing if there is a conviction."
INDIANA PATTERN JURY INSTRUCTION —CRIMINAL — INSTRUCTION NUMBER
13.25.

WHEREFORE, the State of Indiana moves the Court for an order in limine
as to evidence, statements and commentary outlined above.

Respectfully submitted,

F. Aaron Negangard
Prosecuting Attorney
Dearborn County Courthouse
215 West High Street
Lawrenceburg, IN 47025
(812) 537-8884
ISB # 18809-53

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Motion was served on, Counsel for
Defendant, Bryan Barrett personally or by U.S. mail, postage prepaid, this 19th
day of September, 2011.

Hamilton County Jail Management System (JMS)
Movement History - 1421472 BREWINGTON,DANIEL


March 07 2011
Unscheduled Event HOUS-UNSCH occurred at 03/07/2011 15:32 - 03/0712011 15:32
Checked out of I on the way to DET-S22-MON-1-39 at 03/0712011 15:32
Completed event at 03107/2011 15:32

March 08 2011
Event HOUS-SCH ED (2292175) scheduled at 03108/2011 13:00 - 14:00 occurred at 03/0812011 13:06 - 03/08/2011 13:33
Checked out of DET-S22-MON-1-39 on the way to CJC-S52-H-52-002 at 03/0812011 13:06
Completed event at 03/0812011 13:33

March 09 2011
Unscheduled Event OTH R-CI RV occurred at 03/09/2011 9:00 - 03/09/2011 9:51
Checked out of CJC-S52-H-52-002 on the way to VIDEO ARR at 03/09/2011 9:00
Completed event at 03/09/2011 9:51
Event REL-RELEAS (2294253) scheduled at 03/09/2011 15:58 - 16:58 occurred at 03/09/2011 16:25 - 03109/2011 16:50
Checked out of CJC-S52-H-52-002 on the way to at 03/09/2011 16:25
Completed event at 03/09/2011 16:50

September 21, 2011 14:16
Hamilton County Jail Management System (JMS)
Inmate Summary - 1421472 BREWINGTON,DANIEL


Hamilton County Jail Management System (JMS)
Movement History - 1418841 JONES,KEITH L

February 11 2011
Jnscheduled Event HOUS-UNSCH occurred at 02111)2011 23:57 - 02111/2011 23:57

February 12 2011
Event HOUS-SCH ED (2268877) scheduled at 02/12/2011 19:00 - 20:00 occurred at 02112/2011 17:31 - 02/12/2011 18:34

February 13 2011
Event MED- BLOOD (2270038) scheduled at 02/13/2011 2:00 - 2:30 occurred at 02/13/2011 3:50 - 02/13/2011 4:13

February 15 2011
Event REL-RELEAS (2271045) scheduled at 02/15/2011 12:30 - 13:30 occurred at 02/1512011 10:52 - 02/15/2011 13:49
Unscheduled Event OTHR-OTH PLC occurred at 02/15/2011 14:28 - 02/15/2011 15:38
Event VI S-R EG (2272045) scheduled at 02/15/2011 19:00 - 19:45 occurred at 02/15/2011 18:32 - 02/15/2011 18:43

February 16 2011
Event CRTA-CRTAPP (2242136) scheduled at 02/16/2011 6:00 - 12:30 occurred at 02/16/2011 7:37 - 02/16/2011 10:13
Event M ED-BLOOD (2272255) scheduled at 02/16/2011 13:00 - 13:30 occurred at 02/16/2011 14:51 - 02/1612011 14:51

February 17 2011
Event M ED-BLOOD (2273217) scheduled at 02/17/2011 13:00 - 13:30 occurred at 02/17/2011 14:41 - 02/1712011 14:41

February 22 2011
Event M ED-M DSC (2277657) scheduled at 02/22/2011 13:00 - 13:30 occurred at 02/2212011 13:22 - 02/22/2011 14:28

February 24 2011
Event CRTA-CRTAPP (2268744) scheduled at 02/24/2011 6:00 - 12:00 occurred at 02/24/2011 7:34 - 02/24/2011 10:29

March 03 2011
Unscheduled Event OTH R-OTH PLC occurred at 03/0312011 14:31 - 03/03/2011 15:26
Checked out of CJC-N42-F-32-002 on the way to PAROLE ROOM at 03/03/2011 14:31
Completed event at 03/0312011 15:26
Unscheduled Event OTHR-C1 RV occurred at 03/03/2011 19:56 - 03/03/2011 21:08
Checked out of CJC-N 42-F-32-002 on the way to INTAKE at 03/03/2011 19:56
Completed event at 03/03/2011 21:08

March 04 2011
Unscheduled Event OTH R-OTH PLC occurred at 03/0412011 20:12 - 03/04/2011 21:11
Checked out of CJ C-N 42-F-32-002 on the way to INTAKE at 03/04/2011 20:12
Completed event at 0310412011 21:11

March 07 2011
Event CRTA-CRTAPP (2257169) scheduled at 03/07/2011 6:00 - 12:00 occurred at 03/07/2011 7:40 - 03/07/2011 12:27
Checked out of CJC-N42-F-32-002 on the way to CH280-HAM CO CRT HOU S at 03/07/2011 7:40
Completed event at 03/0712011 12:27

March 08 2011
Unscheduled Event OTH R-OTH PLC occurred at 03/08/2011 9:03 - 03/08/2011 9:09
Checked out of CJC-N42-F-32-002 on the way to RECORDS at 03/08/2011 9:03
Completed event at 03108/2011 9:09
Unscheduled Event OTH R-OTH PLC occurred at 03/08/2011 14:33 - 03/08/2011 16:21
Checked out of CJC-N42-F-32-002 on the way to INTERVIEW IN I NTK at 03/08/2011 14:33
Completed event at 03/08/2011 16:21

March 09 2011
Unscheduled Event OTH R-OTH PLC occurred at 03/09/2011 15:17 - 03/09/2011 15:58
Checked out of CJC-N42-F-32-002 on the way to INTAKE at 03)09/2011 15:17
Completed event at 03/09/2011 15:58

March 10 2011
Unscheduled Event MED-EKG occurred at 03/10/2011 15:34 - 03110/2011 16:53
Checked out of CJC-N42-F-32-002 on the way to MEDICAL at 03/10/2011 15:34
Completed event at 03/10/2011 16:53
Unscheduled Event MED-ER RUN occurred at 03/1012011 16:54 - 03/10/2011 19:01
Checked out of C.JC-N42-F-32-002 on the way to U C E/R at 03/10/2011 16:54
Completed event at 03/10/2011 19:01
Unscheduled Event HOUS-UNSCH occurred at 03/10/2011 19:49 - 03/10/2011 19:50
Checked out of CJC-N 42-F-32-002 on the way to OUT-UC-HOSP-1-002 at 03/10)2011 19:49
Completed event at 03/10)2011 19:50

September 21, 2011 14:11
Hamilton County Jail Management System (JMS)
Inmate Summary - 1418841 JONES,KEITH L

Tuesday, September 20, 2011

20 September 2011 Dearborn County Commissioners Meeting Notes

20 September 2011 Dearborn County Commissioners Meeting Notes

Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and Andy Baudendistel, Attorney.

Hughes congratulated County Attorney, Baudendistel on the arrival of his new baby.

Commissioners denied the Med Ben appeal from executive session that preceded this meeting.

OLD BUSINESS:

Private Real Property Rights Preservation Ordinance- tabled again at Hughes’s request

Revised Jail Expansion Project- Orschell met with RQAW and judges, etc. Judges want to focus on prevention and treatment such as J-cap. Footprint is the same. He also called Jud McMillin to check on legislation on Class D felons coming back to the county. He hopes to have something to the commissioners soon. Tabled for now.

Shooting Range- tabled – Commissioners scheduled to meet out at the site on Thursday 4:30 PM per Ewbank. McHenry and Orschell plan to be there. Ewbank to announce it in paper for the 48 hour rule.

NEW BUSINESS:

Gerry Bruns- January Prayer on the Square- Knights of Columbus requested this as their 2nd annual Prayer on the Square. It’s an ecumenical service – not just Catholics- on Jan 20th at 11AM. Approved.

Med Ben Wellness Program- tabled as rep is unavailable this morning to answer questions per Gayle Pennington.

Sick Time Donations- Gayle Pennington brought it back as it continues to bring up a lot of questions and problems. She wants them to reconsider it. She said it was put into place as a compassionate way to address catastrophic illnesses. It’s time consuming. She wants them to either change the procedure or not allow donation at all. She wants the Personnel Board ( HR, Auditor, 2 Council, 1 Commissioner) to decide it and have the employee get all the paperwork together. Food for thought- she said- Dearborn County is very generous that they have 1 day per month sick time- most have ½ and we pay out ¼ for unused, others don’t and we have an opportunity to bank time- it doesn’t disappear at the end of the year. Commissioners thought it would curb requests that were not critical or catastrophic to have the requests go to the Personnel Board. Baudendistel said they needed to notify employees first and have it effective the first of the year. Suellen (HR) said that the employees did get the handbooks etc. McHenry said that maybe we deny things if employees don’t abide by the rules. Part of the problem is the employees are paid on Fridays and that paycheck includes that Friday. [NOTE: Perhaps the county needs to become more like a real world employer.]

Todd Listerman- asked to speak- he noted that employees who save their days aren’t the ones asking for donations. If we pay ¼ for unused time when an employee leaves- but pay 4 times that when it’s donated- this affects the bottom line. There is disability insurance as an option for all employees.[NOTE: Are employees who save time pressured to donate?]
Thirty days of accumulated sick leave – 240 hours is the cap on what the county pays on departure.
Salaries paid by grants- they cannot give or donate sick time. Commissioners will wait to hear from Personnel Board on recommendations.

Candy Yurcak- Whitewater Canal ByWay Association- Grant Administration Information- 8 counties. INDOT said they can use any county as the LPA- (Grant administrator)- they are requesting Dearborn County be used as the administrator. They are to administrate the $60,000 grant. Pennington said it was OK- they have a whole file cabinet of people they help- administering grants. They are developing an amphitheater and working to tell the story of the whole Canal route. It will also promote what they have as assets in the valley. Approved for county to be administrator.

Parking Lot Island Regulations –discussion- Hughes brought this up as having attended a PC Meeting on this. Trees in the parking lot cost the business more to plant and to maintain. Mike Hall spoke also against the ideas of trees as impediments and also to allow PC to meet on it.
I also spoke in concurrence with this and Orschell would rather let PC come to them with the recommendations.
Hughes wants to send the recommendation to delete that section to PC to force a 45 day response. I suggested they not force the decision in a hurry. There doesn’t seem to be much county construction going on just now- at least not new projects. It was noted that PC could not vote till the Oct meeting- though they can discuss it at the Sept meeting under administrative.
Mark Scheper of Maxwell Construction said they have several projects and people are concerned with so many regulations.
Hughes said there are more rules he wants to look at. Commissioners voted to table this- with Hughes as a nay.

Transportation Department Priorities- Barnes and Thornburg Lobbyists- Bill Ewbank sat with Listerman and also the 2005 25 -year plan from INDOT and the OKI 2011 Major Freight Transportation. This is his recommendation:

1. Improvement of SR1 from 74 to 50, including Schuman Road intersection, Sawdon, Mt, Pleasant, and Salt Fork intersections.
2. 3rd lane on SR 1 hill
3. SR 1 corridor by Belleview road and the bridge access
$8,600,000 total cost.
4. Wilson Road to meet arterial standards for $10 million.
5. Stateline Riad from US 50 to Salt Fork Road to meet arterial standards for $10million
6. Pribble Road from SR 1 to SR 48 to be straightened. $9 million
7. Complete improvements on US 50 from L-bg to Aurora- some has been done. $70million remains about on the total $100million cost.
8. Commissioners want him to send the list to the mayors to see their reception.

HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer- gave the following report:

George Street Bridge will be ready for Farmer’s Fair.

Federal gov’t change on signage updates allows more time to change signs that have not run through their lifecycle. This saves some money for street signs like those in Aurora’s that are red, which isn’t allowed in the new rules. Hughes asked what happens if they don’t change. Listerman said they would lose federal monies if they don’t comply with federal regulations.

Bridge 34 and Lower Dillsboro bridge- he has been working with Baudendistel on acquiring ROW. Property owner wants the county to take it- as he does not want to sell it. The owner is getting tax credits on the land and does not want to jeopardize that if he sells it. Thus he is requesting we condemn it.

Permanent basketball goals in county ROW need to be addressed. Safety hazard for obstruction in ROW and kids playing in the street.

Ewbank is working with Tucker on Stateline Road ROWs and they have about 1/3 done so far. Hope to have then acquired by 2012 for 2013 construction.

McHenry asked about issues on Aurora Lumber and the intersection work. Mike Hall spoke and gave more details on the work there with the lumber barn moving and the lighted access. Waiting on Aurora Lumber to complete their section to finish up. Part of the problem was Bob Evans got theirs done faster. The access to Aurora Lumber is there- just go through the light and to the right. When it’s finished they will have a better access all the way around. Aurora has access thru the back for trucks. The county was at the mercy of the construction of the barn as Aurora selected their own builder. Can’t make it look good till the barn gets removed. State would not allow both openings once Bob Evans was done.

Listerman cited several changes that Aurora Lumber asked for and they accommodated. In reality they had a Sept 1 date originally. Commissioners asked for this in documentation form. Listerman and Hall agreed to get it to them.

AUDITOR: Gayle Pennington- Bright EMS approved for $40,000 contract.
Claims were signed with Hughes not reviewing them. Minutes were signed from May 17, July 19,and Aug 2. McHenry looked over May 17 and they approved it after he did.

ATTORNEY: Andy Baudendistel- discussion for sheriff’s dept to handle evidence for Dillsboro for $2500 for 25 cases. Additionals are at $100 a case. Oct 1- Sept 30 2012. Cover letter from Krienhop on the top. Approved. Pennington to get a copy to Kreinhop of the signed agreement.

COUNTY COORDINATOR: Bill Ewbank-Work Force 1 needs a local rep to it for Region 9 for economic growth. They will serve on the executive council. This serves till Dec 31, 2012. They also sign a local officials agreement. Hughes serves on it. He thinks it will help stimulate IT business. Commissioners reappointed Hughes and approved the agreement. Hughes thanked them for allowing him to sit on that board again.

County Animal Control will open around October 1. Animals will be moved Sept 23. Adoption closes until the inmates transfer to the shelter. Ribbon cutting and open house is at the shelter tomorrow.

Renovation of Hoosier Square bids will be due Sept 29. They have been able to tour it this week. Hope to have it done by end of 2011.

COMMISSIONER COMMENTS - none

LATE ARRIVAL INFORMATION- none

PUBLIC COMMENT- Mike Hall- surveyor – Cook Road want to fix it with the big rock baskets (Gambion baskets) and clearing all trees on 400+ feet of the creek bank. No geotech and the soil scientist tests are not enough. His parents and his concern is that the baskets will sit in a 6% creek bank, 20 feet high. The option was a core drill and piling rock. The baskets are not a permanent fix.
Hall’s parents are declining to have it done or give up the ROW. We will lose the grant money. He has to give Listerman an answer. Rip rap with concrete over it might be an option. The proposed fix when it fails will actually make a problem worse. The failure rate of other sites like this cause them grave concern. Bats fly in by November so nothing can happen there. We would have to use their design to get the money and this is not a good fix. They have to tell them today. Deadline is here. This is not a big priority- but we will figure out a way to get people in and out, said Listerman. Hall apologized for the turn down of the grant.

Meeting adjourned at 11:00 AM.

Christine Brauer Mueller
Lawrenceburg Township

Monday, September 19, 2011

19 September 2011 Pre –Trial Hearing for Dan Brewington- Notes

19 September 2011 Pre –Trial Hearing for Dan Brewington- Notes

The pretrial hearing started at 1:35 PM instead of at 1 PM. Prosecutor Aaron Negangard and Bryan Barrett, Public Defender for Brewington, arrived along with Judge Brian Hill at the same time.

Brewington had been waiting since just before 1 PM in the courtroom attired as usual in his orange jail clothes and pink handcuffs. He had two large stacks of papers with him.

Judge Brian Hill said the jury trial is set for Monday Oct 3rd at 9 AM. The grand jury exhibits were released by the state (prosecutor) and are to be available to the defendant. There is a transcript of the grand jury in Hill’s office, should the Public Defender need that for copies.

The motion for confidentiality of juror’s names filed by Negangard was NOT opposed by Barrett for Brewington. Brewington himself, however, did object as he said there is a lack of evidence that he poses a threat to anyone. Judge Hill said there has been a history of exposing private information by Brewington and so he granted confidentiality for the names and identities of the jurors.

Summons for jurors go out today and the list provided to counsel will have redacted names and signatures per Judge Hill. Logistically, the jurors will be identified by numbered placards worn around their necks during the entire process.

If there is evidence or cause to reveal a juror’s name, they will address that in the judge’s chambers. The defense and the prosecution filed in limine and all were approved. [NOTE: The details of these motions filed were not discussed, but can be found in the court files later. Per Wikipedia: “A "motion in limine" asks the court to decide that certain evidence may or may not be presented to the jury at the trial. A motion in limine generally addresses issues which would be prejudicial for the jury to hear in open court, even if the other side makes a timely objection which is sustained, and the judge instructs the jury to disregard the evidence.”]

Brewington – as an aside - asked Barrett what those motions in limine were for the prosecution and Barrett said he just got a copy today and will get it to Brewington.

Judge Hill said there were no state issues or defense issues with his final instructions. Again this was not discussed.

Judge Hill said 80 jurors were summoned. He will have 40 in the morning and another 40 in the afternoon should that be necessary.

Negangard had no issues.

Barrett said that his client wished to address the court.

Judge Hill approved.

Brewington said in a prepared handwritten statement:

1. That he had no explanation of his alleged crimes
2. That there were no meetings for preparation- and has had less than 2 hours total with his public defenders ( Watson, then Barrett)
3. That there were no efforts to approach getting witnesses for his defense
4. That Barrett was not even meeting or getting information from Mrs. Brewington (his mother)
5. That he has not been given any exhibits during court
6. That there has been no attempt to defend him against the Keith Jones allegations
7. That a first amendment expert, a mental health expert have not been obtained
8. That Conner’s case file has not been subpoenaed
9. That there has been no depositions of state witnesses
10. That a motion to dismiss has not been filed and
11. That he has had no indication as to the strategy for his defense.

Judge Hill asked what relief was he seeking.

Brewington said he guessed a continuance because the public defender has not met with him, yet. He said that Mr. Watson failed to get his information to the 2nd public defender, Mr. Barrett.

Brewington said, “I have been prohibited from playing ANY role in my defense.” There is no way there is time to properly prepare for the defense. There has been little to no communication between me and Mr. Barrett. I do NOT KNOW what the defense even is? I don’t even know the basis of the charges in the grand jury transcript.

Judge Hill said, “I thought you were upset last time about the trial delay”.

Brewington said that was assuming my defense would be discussed (now that Barrett was back.) [NOTE: Background history: The public defender, Barrett, had a family emergency as his mother was dying. When he returned at the last hearing for the bond reduction, he called no witnesses on Brewington’s behalf, though the prosecutor had several. Barrett had not met with Brewington to prepare for the trial yet. It was apparent that he and Brewington were not on the same page at a couple points during this hearing.]

Judge Hill asked Prosecutor Negangard if he had anything to say about the continuance.

Prosecutor Negangard said the issue had been a continuance because Mr. Barrett had a family emergency and couldn’t get prepared before. The continuance was based on the emergency. Negangard said he didn’t know if Brewington was being honest with the court. Negangard said he would not take a position on this. The state is ready for trial on Oct 3rd as scheduled. He said Brewington’s integrity was an issue before and his complaining now is about keeping the case from going to resolution. [NOTE: Seems like Negangard did take a position on this.]

Brewington stated that you can check the DCLEC phone and visit records- they will document that I have had little to no contact with a public defender. At the last hearing the speedy trial rule was the issue. Now the issue is that I have had no time to prepare with my public defender, I have no idea of any witnesses to testify, and no specifics on the alleged crimes. [NOTE: Brewington apparently reasonably assumed that his public defender would meet with him between the last hearing and today.]

Judge Brian Hill denied the motion to continue the case and said there was two weeks to prepare for trial. All the information will be available to you at the end of the afternoon.

Brewington asked through his lawyer to have his handwritten statement to be made part of the public record. Judge Hill approved.

Court ended at 2 PM.

Barrett then said to Brewington that he’d see him at the end of the week. He also asked the jail officer that if he gave him the documents would he get those to Brewington. He said yes.

[NOTE: Something to think about: Per the Innocence Project: “The resources of the justice system are often stacked against poor defendants. Matters only become worse when a person is represented by an ineffective, incompetent or overburdened defense lawyer. The failure of overworked lawyers to investigate, call witnesses or prepare for trial has led to the conviction of innocent people. When a defense lawyer doesn't do his or her job, the defendant suffers. Shrinking funding and access to resources for public defenders and court-appointed attorneys is only making the problem worse.”]

Christine Brauer Mueller
Lawrenceburg Township

Thursday, September 15, 2011

Agenda for September 20th Commissioners Meeting

AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
September 20, 2011
9:00 a.m.
City of Lawrenceburg
Administration Building
230 Walnut Street, Lawrenceburg, Indiana

EXECUTIVE SESSION @ 8:30 AM – Med Ben Appeal

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. OLD BUSINESS
1. Private Real Property Rights Preservation Ordinance
2. Revised Jail Expansion Project
3. Shooting Range

IV. NEW BUSINESS
1. Jerry Bruns – January Prayer on the Square
2. Med Ben – Wellness Program
3. Sick Time Donations
4. Candy Yurcak – Whitewater Canal Byway Assoc
Grant Administrator information
5. Parking Lot Island Regulations – Discussion
6. Transportation Priorities – Barnes & Thornburg

V. HIGHWAY DEPARTMENT- Todd Listerman
Updates

VI. AUDITOR – Gayle Pennington
1. Claims/Minutes

VII. ATTORNEY - Andy Baudendistel

VIII. COUNTY COORDINATOR – Bill Ewbank

IX. COMMISSIONER COMMENTS

X. LATE ARRIVAL INFORMATION

XI. PUBLIC COMMENT

XII. ADJOURN

Tuesday, September 13, 2011

Alan Miller Announces Candidacy For Judge Superior Court II in 2012


Alan Miller Announces Candidacy For Judge Superior Court II in 2012
There are substantial problems with the administration of justice in our county. Our justice system is filled with inefficiencies that ultimately cost the taxpayers money. It is also filled with inequality, the costs of which cannot be measured. Such inequality undermines the public’s trust in the justice system and leads to a lack of faith in it.

After a great deal of reflection and discussion with others involved in the system, I have come to the conclusion that the task of fixing these problems can only be done from within. Therefore, I am announcing my candidacy for Judge of the Dearborn Superior Court II.

If elected, I pledge to run the court in an efficient manner, always keeping in mind that it is taxpayer money that keeps the lights on. I will strive to find places where the system can be streamlined and have the courage to make cuts, if necessary.

I also pledge to give every individual who appears before the court a fair shake and treat them with respect, regardless of their last name or lot in life. I will not place my thumb on the scales of justice to give anyone an unfair advantage or impose my personal opinion of a case on those involved.

I look forward to meeting and listening to the citizens of our county. With their help, we can restore the justice system we deserve.

Alan Miller

Make It Miller For Judge

millerforjudge2012@gmail.com

Thursday, September 08, 2011

DAN BREWINGTON CASE TIMELINE PART II

DAN BREWINGTON CASE TIMELINE PART II

On July 19, 2011 TIMELINE PART I was published; this is TIMELINE PART II dated Sept. 8, 2011:

27. A Bond Reduction hearing was scheduled for August 3, 2011.

a. Dan had only talked to Mr. Barrett 1 time since July 18, 2011 and that was because Dan kept calling the public defender’s office until Barrett picked up. A rational call from Mr. Barrett to explain that he had a family emergency would have been a courtesy. But we were left to guess with the bond hearing approaching, as well as the trial.
b. On August 1, 2011 after not hearing from Mr. Barrett since seeing him at the July 18, 2011 hearing I emailed him. I told him Dan did not want a continuance, that Dan had a lot of information and people that could be subpoenaed to testify as character and medical witnesses. I told him that Dan needed to talk to him that day and sent him my cell phone number, again. Dan had signed papers so Mr. Barrett could discuss his case with his Ohio attorney Robert G. Kelly or with me, Sue Brewington.
c. On August 2, 2011 I got a call from Mr. Barrett’s investigator, Justin Kerr, and he told me there would be no bond hearing because of Mr. Barrett’s family emergency.
d. He wanted Dan to continue his trial and he said that Dan had to decide today, Aug. 2, 2011.
e. If Dan were to continue his trial he could be in jail indefinitely because he would be giving up his right to a speedy trial and there would be all kinds of continuances, no bond reduction hearings…
f. Dan got information that was incorrect from Mr. Kerr
(1) Dan asked, through me, about filing a motion for him to be able to wear street clothes at trial. He responded with an email that explained that the CO that gave Dan the information about wearing street clothes to trial was either imaginary or didn’t know what he was talking about. I checked with Judges’ Cleary and Blankenship’s offices and was told that you did need something in writing to the court, from your attorney. In section 5.2 of the inmate handbook it says something in writing has to be submitted.
(2) Mr. Kerr told Dan that the state had 1 year to try someone but left out that they could only be kept in jail 6 months without trial if they did not file for any continuances. He tried to get Dan to file a continuance. There are 3 exceptions to this, see below.

28. I was reporting our story on the internet and Mr. Kerr didn’t like it so he wrote to say he couldn’t communicate with me anymore.

29. The trial was scheduled for Tuesday, August 16, 2011 at 8:30. Jury selection would be first.
a. Next – Dan had to file a Motion to Vacate the Bond Reduction Hearing that was scheduled for August 3, 2011.
b. The judge ordered this because the public defender was out of town on a personal matter and since the trial is set for August 16, 2011 there is no need for a bond reduction hearing.
c. An order vacating the August 3, 2011 Bond Reduction Hearing was filed on August 4, 2011.

30. Judge Brian D. Hill filed a Voir Dire Order on August 4, 2011. That is to convene a jury.

31. On Monday August 8, 2011, Norwood, Ohio Attorney Robert G. Kelly became licensed to practice before the United States District Court Southern District of Indiana. He took his oath of office in Indianapolis and went straight to Dearborn County Law Enforcement Center to see Dan. After almost 5 months Mr. Kelly could finally see Dan under attorney-client privilege.

32. On Tuesday, August 9, 2011 Mr. Kelly filed a Writ of Habeas Corpus with the United States District Court Southern District of Indiana, in Indianapolis.

33. On August 9, 2011 Deputy Prosecutor, M. Joseph Kisor filed a Motion for Confidentiality of Juror’s Names and Identities.
a. Once again Prosecutor Negangard’s office uses the charges as fact when asking for this motion.
(1) The defendant has previously attempted to interfere with the judicial process, including continuous and long-term harassment of witnesses, judges, and attorneys involved.
(2) The defendant has previously made threats against witnesses, judges, and attorneys involved in the current court proceedings.
(3) Juror’s safety would be jeopardized…
(4) To support his argument Prosecutor Negangard’s office uses the case of Carl A. Major Appellant-Defendant vs. State of Indiana, Appellee- Plaintiff. This case involved the shooting of 5 people, 3 died and they were executed, 3 shots to the back of the head. The court ruled that the trial court erred in impaneling an anonymous jury but that such error was harmless, and that Major’s sentence of 175 years was not inappropriate.
(5) The Appellate Court ruled that the even considering the horrendous nature of the crime impaneling an anonymous jury was wrong in this case but it was a harmless error. How could it possibly be appropriate in Dan’s case?

34. On August 10, 2011 Deputy Prosecutor M. Joseph Kisor filed a Motion to Release Grand Jury Exhibits to the Prosecuting Attorney for Dan’s trial. We don’t even know what that means because we can’t talk to Dan’s attorney.

35. On August 11, 2011 there is an Order Vacating Jury Trial because the public defender had a family emergency, which he truly did, and Judge Brian D. Hill wanted to make sure the Defendant would get his right of effective assistance of counsel at trial.

36. As part of the above order, Judge Brian D. Hill also set a Bond Reduction Hearing for Wednesday, August 17, 2011 at 10:00AM.

37. On Friday, August 12, 2011 Bryan E. Barrett called me in a 1 minute 17 second phone conversation to tell me that the trial had been vacated and that a bond reduction hearing was to be set for August 17, 2011 and he would be there.

38. There was not going to be any attempt to call character or medical witnesses for Dan.

39. No communication with the attorney until August 17, 2011

40. Bond Hearing – Wednesday, August 17, 2011
a. Dan came in with help from a CO trying to carry all of his documents because he didn’t know what counsel would want or what he intended to do. He was wearing pink handcuffs that would rub his wrists red because he had to constantly go through his 1400 pages of discoveries with no help and not being able to take off the handcuffs. No one even asked if that was possible.
b. Barrett never talked to Dan. Barrett sat in the spectator seats until the judge was ready to come in and then Mr. Barrett moved to his spot next to Dan.
c. Barrett had no witnesses to call for Dan. No character or mental health witnesses. They would have been available if there had been time to call them.
d. Negangard calls Det. Shane McHenry to the stand.
(1). He testified that they have a recorded interview with someone who was in Hamilton County Justice Center when Dan was there. The man’s name is Keith L Jones. The Cincinnati Police got a crimestopper’s call (they are all anonymous) with a story that someone in jail was trying to hire a person to do a drive by on a judge.
(2). That someone was “allegedly” Dan.
(3). The man supposedly had details so you would know that he talked to Dan, or overhead Dan talking to someone.
(4). Keith L. Jones supposedly said he knew someone and supposedly gave Dan 2 phone numbers.
(5). The police checked only one number and the person had never heard of Dan Brewington.
(6). Prosecutor Negangard gave the recording to the judge.
(7). Keith L. Jones has a criminal record pages long covering 2 counties in Ohio; Hamilton and Franklin and the Federal Government. Charges consist of taking the identity of another, forgery, insurance fraud, falsification, receiving stolen property, possession of criminal tools, multiple felony thefts, and probation violation.
(8). Keith L. Jones is an informant for the police but is now serving a 10 year prison sentence.
(9). Cincinnati Police didn’t pursue this further.
(10). The ATF officer didn’t pursue this further.
(11). The Hamilton County Prosecutor didn’t file charges nor did the Dearborn County Prosecutor file charges.
(12). The Dearborn County Sheriff formed a protective unit around the clock for Judge Humphrey from March 11, 2011 through March 18, 2011.
(13). During this time Dan was in custody in their Jail but they didn’t interrogate him. They just decided to listen in to all of his conversations for a week. They didn’t hear anything about a drive by.
(14). F. Aaron Negangard offered Dan a plea bargain in May through public defender #1, John Watson. Mr. Watson conveyed this information to Norwood attorney Robert G. Kelly. It was time served. Would Negangard offer time served to a person who tried to hire someone to do a drive by on a judge?????
(15). He used it at the Bond Hearing to try to promote his argument that Dan is dangerous.
(16). For unofficial transcribed minutes to this hearing see
http://dearborncounty.blogspot.com/2011/08/17-august-2011-dan-brewington-bond.html

41. On Friday, August 19, 2011 at 3:23PM Dan filed a complaint and jury demand(lawsuit), by his Norwood, Ohio Attorney Robert G. Kelly, in the United States District Court Southern District of Indiana naming:
a. Judge James D. Humphrey – Family Court Judge Dearborn County, Indiana
b. Edward J. Connor – Child Custody Evaluator from Erlanger, Kentucky working in Indiana without a license.
c. F. Aaron Negangard – Prosecutor of Dearborn County, Indiana
d. Michael Kreinhop – Sheriff of Dearborn County, Indiana
e. Heidi Humphrey – former member of the Indiana Supreme Court Ethics and Professionalism Committee in September,2009.
f. Angela Loechel – divorce attorney, Lawrenceburg, Indiana.
g. Dearborn County, Indiana
John Does 1-25 For a complete copy of the complaint and jury demand (lawsuit) go to
http://dearborncounty.blogspot.com/2011/08/brewington-federal-lawsuit-filed-august.html

42. Order Denying Bond Reduction – filed August 23, 2011.
a. State presented evidence the Defendant has a history of refusing to follow court orders and disdain for authority of the court.
(1). Negangard made a point that Dan didn’t have the court ordered mental health exam and Dan’s attorney made no attempt to be able to ask Dan what he had done.
(2). Negangard made a point that Dan had not paid his ex $122,000 that he was ordered to pay to her immediately. Note: Dan has a public defender because he has no money.
(3). Dan has not paid Angela Loechel the $40,000 the court ruled he owed her.
(4). The first 3 all pertain to Dan’s divorce decree, filed August 18, 2009.
(5). He is current with child support payments, has never missed a payment.
(6). Disdain for the court is subjective. As far as bond goes, showing disdain for the court matters only if that disdain supports that a defendant wouldn’t show for trial. It is ridiculous to suggest that someone, who doesn’t take a plea for time served and states that he wants to go to trail to proclaim his innocence, would run from trial.
(7). The state also presented evidence that since his arrest, the defendant may have contemplated violence towards at least one alleged victim in this case. See testimony of Det. Shane McHenry.
(8). The court concurs with Judge Sally Blankenship’s Bond. If she knew about the “alleged” drive by she didn’t mention it.
(9) What happened to Dan’s right to be released on or about September 11, 2011 because he has been in jail for 6 months and had not asked for a continuance? Judge Hill solved that issue by ruling that this case fell under the category of emergency so he invoked the emergency clause and Dan wasn’t going to get out in the 6 months the law demands, through no fault of Dan’s.

43. Order to Release Grand Jury Exhibits – Filed August 23, 2011 – We still don’t know what that means.

44. There is an order that sets the Jury Trial for October 3, 2011 and the pretrial for September 19,
2011. There is a deadline for witness lists and subpoenas and Dan has only talked briefly to his attorney, who still hasn’t subpoenaed any witnesses, either character or medical. The attorney is supposed to visit this week, we will report later on this.

45. Judge Ted Todd, in Jefferson County, denied my motion to set aside the divorce decree, even though it violates my right to due process regarding the money and the farmland so my finances are still frozen. It was filed with the Ripley County Clerk’s Office on September 6, 2011. I can’t sell land or borrow money because of the lien that was placed on my husband’s trust because of the divorce. For more information on this issue please see the blog post “When a Trust Becomes A Nightmare” http://danbrewington.blogspot.com/2011/05/when-trust-becomes-nightmare.html Judge Todd took over 6 months to rule on this.

Submitted by Sue Brewington 9/8/11




Wednesday, September 07, 2011

6 September 2011 Dearborn County Commissioners Meeting Notes

6 September 2011 Dearborn County Commissioners Meeting Notes

Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry (arrived late- at 6:50PM due to a home robbery and shooting in the county)

Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and Andy Baudendistel, Attorney.

Rearranged the 4H item due to McHenry being tied up on an incident for the sheriff’s dept.

OLD BUSINESS

State Drainage Law- Baudendistel had rewritten the ordinance as requested and commissioners approved it. They also approved the fees for investigating a storm water nuisance- $50. These will also go to council for their approval due to the fees involved. They also need to be advertised for two weeks after council approves.

Private Real Property Rights Preservation Ordinance- Hughes had an email that he wanted to pass on that a state did and not a county. Just more information- tabled it AGAIN.

Revised Jail Expansion Project- Orschell will meet with RQAW and the sheriff on Sept 14- tabled AGAIN until after that meeting.

NEW BUSINESS:

Sheriff’s dept- Beautification Project- wants to put two awnings up to cover the keypad at entry and also the picnic area. These are removable. It is all funded by the Main Street Lawrenceburg ( about $16,000) and some ($1310) out of jail fund. Commissioners approved.

Animal Control Truck Purchase request- Marlene Underwood had a grant for $22,400. Haag Ford truck for $27,028 will be what they purchase including the money in Animal Control fund. It will have the Animal Control part put in the chassis in Texas and then shipped.Approved.

Mike Burgess- Veteran’s Officer- Vehicle Purchase Request- Has received a grant $73,500 from the DC Foundation for the purchase of 2 vans. Superior Van and Mobiles will be using Ford units and equip it for them . $83,354 is total cost- he has some funds already to cover this and he will reimburse the foundation for any unused funds. Commissioners approved the purchase.

Lifetime Housing- Ratify Owner Occupied rehabilitation Property Declarations- several had come in and Bill Ewbank had Hughes sign them as they were time sensitive. There were several properties that qualified for these. Commissioners ratified Hughes’s signatures from before.

4H Shooting Range lease- Mike Heffelmire- Hughes had hoped to wait for McHenry- but he still had not arrived.

Heffelmire sent an email letter with maps from the County Farm/park Board meeting to commissioners and 4H:

Wanted to let you know that during our last joint meeting “The County Park Board” informed us that they intend to close the Youth Complex and purchase land at the end of Latire Road to build a new “Public Range”, I’m on the agenda for the Commissioners Meeting Tuesday Evening, at 6:30 to try and talk them into taking the Youth complex out of the Park Boards Control and lease or deed it to County 4-H. It was suppose to be removed from the County Farm at the same time the YES Home, Highway Department and Dog pound was.
It may help if we show up in numbers to protest closing it. Bring everyone you can. An estimate of how much time and money you guys have put into it would be nice also. I have what we have spent and the Foundation.
Thanks
Mike


CF Proposed Land Use Plan.pdf
782 kb Download

Preliminary Range Plan .pdf
638 kb Download

Heffelmire , a member of 4H and the County Farm Committee said that on Feb 21, 1985 they incorporated the DC Youth Complex. $38,000 plus has been spent since the Park board took over by the 4H range. The Park Board was in favor of these expenditures. On July 6th they met and found out the Park Board wanted to remove it as it was unsafe. The road they graveled only goes to Youth Complex and to a local farmer who has an easement there for access. County Parks wants to purchase land along Lattire road. They want to move the shooting range there and the 4H does not want to move there. They want a new lease to keep this totally in 4H hands. They do not want a public shooting range for the kids. Baudendistel said that it has been deeded to the Park Board but it is still County land. Their old lease expired.

Jim RedElk of the Park Board gave an overview of what the Park Board was up to. The County Farm Committee is a subcommittee of the Park Board. They are updating their 5 year plan. They have compiled all the ideas that have come to them in a map. They think that as time goes on more people will use the parks and the shooting range may become an issue in its current location. Some of these uses may never happen and County Farm may remain as is. In deference to the County Farm Committee due to their years managing it, the Park Board decided to involve the County Farm Committee in the long range planning for that park. That map showed all these ideas preliminarily. At the end of it there were not any real specific objections to it at that time. They also were trying to make sure recreation was available to everyone. We found out they came to you with their objections rather than us. That’s where we are in this process. The other piece is 13 acres and council was helping finance that so the 4 H has more land. It is also hilly rather than flat as is the current range.

At 6:50 PM McHenry arrived.

4H/Park Board continued. Red Elk said they would build the new range first and then move.

Steve Walker- Park Board President- passed out the following letter that went to 4H participants:

To 4H Shooting Sports Participants,

Having recently received a request from Mike Heffelmire requesting your attendance at the Commissioner's meeting tomorrow, the Park Board believes that there are a number of corrections that need to be made and issues that need to be addressed. We hope you will consider these carefully before committing to the public action that has been requested.


1) First, and most emphatically, the Park Board has no intention of closing the facility currently used for 4H shooting sports at any time in the near future, likely measured in years, and possibly never for the archery component. At no time do we anticipate that anything in this process will be permitted to interfere with ongoing 4H shooting sports activities.
2) While we have begun the process of planning for the conversion of the County Farm property for use as a public park, all such plans and proposals are preliminary. So that you will know the general tenor of our discussions and the full nature of the information we provided to the County Farm Committee, drawings and other materials have been included to detail the uses for which the Board believes the landscape of County Farm may best be suited. Please keep in mind that the drawings represent very preliminary usage suggestions. You should expect to see more of this in months (and years) to come in the form of surveys and public meetings as we attempt to assess and meet the needs and desires of area and regional residents.

3) This being said, the one true thread of the e-mail is that our preliminary assessment of land use has forced us to evaluate the role of the range at it's present location. It is our opinion at this time that the current location of the range for firearms sports represents a significant impediment to ANY use of the property north of Co. Farm Road for public recreation, both for psychological as well as safety reasons. As you will see on the attached map of suggested uses, the area east of the range is the segment of the property best suited for field sports given the flat topography.
4) The Board recognizes the significant personal investment that 4H and its volunteers have made to that facility. You should know that the Board has been and will continue to be a strong supporter of organized youth activities. Accordingly, we have made a commitment and repeatedly affirmed that the Board intends to replace the infrastructure with equivalent or better facilities at any new location. It is our hope that 4H will view this as an opportunity. We will be counting on the experience and expertise of SAFE and others to make any new facility a success.

5) A new facility, at the Lattire location or anywhere else, would likely only be public in the sense that it would also be open to other public organizations contributing to its success, perhaps including Boy Scouts, area police departments and similar organizations able to regulate and insure their members. Given the long standing investment of 4H in the shooting sports and youth training, the Board intends to continue operations in such a manner that 4H will have priority in scheduling.

6) Our actions have not been preemptive or without consultation. The preliminary plan to acquire the property on Lattire and its purpose in the overall plan for the future of the park system has been presented and matching funds approved by County Council. This necessary first step to ensure that the possibility existed was followed by a joint meeting with the CFC as the legacy managers of the property to let them know our thoughts give them an opportunity to offer theirs. Our impressions from that meeting were that, given our commitment to provide an installation "as good or better", the general direction of our planning was acceptable to those gathered.

These are the facts of the situation from the viewpoint of the Dearborn County Park Board. We hope you will take the time to review the attached materials. If you do, given the beautiful setting and a topography nearly purpose-built for shooting sports of the location we have been looking at, it is my expectation that you will come to see the same opportunities in this new location that I do. Much is yet to be resolved and will likely be years in the making, but the Board views this as an effort requiring 4H as an active partner. We hope you are looking forward to teaming with the Park Board as well.

If you have forwarded the e-mail from Mr. Heffelmire to others not in the distribution list for this message, the Board would ask that you forward this message to those persons as well, or to anyone you may have advised by other means.

Please visit us occasionally at http://parks.dearborncounty.in.gov, send us an e-mail or attend one of our monthly public meetings. We will make every effort to provide updates on events and progress at your county parks.

Sincere Regards,

James S. Walker
President
Dearborn County Park Board.


NOTE: For a photo tour of the Lattire property under acquisition visit: http://parks.dearborncounty.in.gov/Parks/Images/PhotoSection.pdf (this file is over 9mb in size)


Walker stressed that they were not asking 4H to go anywhere. And certainly not anytime soon. They are committed to building one as good or better, if they build a new Shooting Range. The current range is 2-3 acres right in the middle of a larger portion that could be used. There haven’t been any accidents because no one has been on the property. It’s likely that this will conflict with future public uses. The terrain on Lattire Road property would help control any possible accidents due to the hills. DNR has up to $100,000 available for shooting ranges. The Park board members are committed to 4H and youth activities.

Mike Heffelmire said the current range is not in the middle of the farm it’s on the edge. He does NOT want to share the 4H range with the public. He wants the 4H to be safe.

McHenry says he has been out there and wants to speak with Walker and Heffelmire.

A park board member also suggested researching Title 14 in Indiana Code.

Heffelmire said this year the range was used 14 times and for 3 hours at the longest time. That would be 42 hours or less for about ¾ of a year.

Commissioners said they want to go out and view it- they will make it a public noticed meeting so the commissioners can go together. Baudendistel can’t commit to the next meeting due to the impending birth of his child. He will have research by the 2nd October meeting on Oct 18th at 9 AM.

HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer reported:

Had a meeting with INDOT and Fed Hwy Adm. Dept of Justice are making all public agencies develop a transition plan that was supposed to happen in 1995 regarding ADA compliance. (Handicapped accessible) All county roads and sidewalks are to be compliant as are all parks etc. He and Bill Ewbank will be meeting with all the local agencies and departments to get a plan to get us in compliance. We haven’t gotten it done in the last 16 years. This will affect all our federal grants and funds if we do not have this up-to-date transition plan. Cities and towns have to do this as well. This will affect the 2013 budget.

Three change orders as they relate to George St Bridge. 80/20 each:
South abutment mortar repointed- $2500. Approved.
Sidewalk had to be widened to be ADA compliant and had to adjust existing sidewalk $4724.60 Approved.
No charge change order but specs for painting changed due to new Indiana standards – but the changes had to go in the contract. Approved.

The bridge should open in by end of Sept- BEFORE Farmer’s Fair.

AUDITOR: Gayle Pennington- claims approved.

ATTORNEY: Andy Baudendistel- nothing

COUNTY COORDINATOR: Bill Ewbank- requested 2012 Holiday schedule because the Courts are scheduling and need it. This is the same as last years but with revised dates. Approved.

Orschell asked Ewbank to send thank you letters to the DC Foundation for the significant grants the county has received. He agreed and also will mention the GIS one as well.

Letter to attorney for Frick and Associates proposing settlement as discussed in their last executive session. Baudendistel to review.

COMMISSIONER COMMENTS- McHenry said this has been a tragic day in DC and to keep those folks in your thoughts.

LATE ARRIVAL INFORMATION- Andrea (??last name)- introduced Beth Carpenter and spoke of her son Jack who was hit by a distracted driver last year. They are organizing a run to raise money for this cause on education about driver distractions at Bright Christian Church Saturday. They have a final route and the road has been marked. There was some concern atroad safety on Sneakville and part of Stateline which is closed. They will only take 2 hours tops. They will mark the roads with cones etc. Orschell will try to get informational signs on those closed roads. Bill Ewbank will also be a contact for questions from neighbors on the letter they are distributing on Thursday.

PUBLIC COMMENT- none

Meeting adjourned at 7:30 PM

Christine Brauer Mueller
Lawrenceburg Township

Friday, September 02, 2011

TEA PARTY MEET CITY CANDIDATES Sept 8th- OPEN TO THE PUBLIC

OPEN TO THE PUBLIC

What: We the Hoosiers – General Meeting
When: Thursday – September 8 at 6:30 P.M.Where: Meeting Room of the Lawrenceburg Fire Department W. Tate Street across from the Adult Center in Lawrenceburg

Residents of Aurora, Lawrenceburg and Greendale have the opportunity to meet their candidates seeking election or re-election to the office of Mayor for their cities. All candidates have been invited to attend and discuss the issues facing their communities. The meeting is open to the public.
Remember to display an American flag on Sunday, September 11, 2011 - ten-year anniversary of 9/11.Hope you can join us this week and/or in the future. At this time, we plan to have a General Meeting every 2nd Thursday of the month.Check our website: www.wethehoosiers.com

Agenda for September 6th Commissioners Meeting

AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
September 6, 2011
6:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. OLD BUSINESS
1. Private Real Property Rights Preservation Ordinance
2. Revised Jail Expansion Project
3. State Drainage Law

IV. NEW BUSINESS
1. Mike Heffelmire – 4H Shooting Range Lease
2. Sheriff’s Dept. – Beautification Project
3. Animal Control – Truck Purchase Request
4. Mike Burgess, Veteran’s Service Officer – Vehicle Purchase Request
5. Lifetime Housing – Ratify Owner Occupied Rehabilitation Property Declarations

V. HIGHWAY DEPARTMENT- Todd Listerman
Updates

VI. AUDITOR – Gayle Pennington
1. Claims/Minutes

VII. ATTORNEY - Andy Baudendistel

VIII. COUNTY COORDINATOR – Bill Ewbank
1. 2012 Holiday Schedule

IX. COMMISSIONER COMMENTS

X. LATE ARRIVAL INFORMATION

XI. PUBLIC COMMENT

XII. ADJOURN

Order For Trial Date and Ruling on Criminal Rule 4A for Brewington Case

Filed AUG 26 2011

STATE OF INDIANA
COUNTY OF DEARBORN
STATE OF INDIANA,
Plaintiff
DEARBORN SUPERIOR COURT II
CAUSE NO. 15D02-1103-FD-084
VS
DANIEL BREWINGTON,
Defendant

ORDER SETTING TRIAL
COMES NOW THE COURT on its own Motion and FINDS as follows:
1. The Defendant has been incarcerated on these charges since on or about
March 11, 2011 with no continuances being made on his motion or delays
caused by his acts.
2. This matter had been previously set for Jury Trial to commence on Aug.
17, 2011 which would have been within the six month time frame outlined
in Indiana Criminal Rule 4(A).
3. The Court FINDS that the family emergency of defense counsel which
required counsel to be away from his office and work for the two weeks
prior to that previous jury setting to be an emergency under Indiana
Criminal Rule 4(A). Due to this emergency, the Defendant shall not be
released from custody without posting bail prior to trial.
4. This matter shall be set for Final Pretrial Conference on September 19,
2011 at 1:00 p.m. with Jury Trial to commence on October 3, 2011 at 9:00
a.m.
5. Exchange of information, including witness and exhibit lists, shall be
completed within seven (7) days of this order.
6. Any Motions in Limine shall be filed by September 5, 2011

ALL OF WHICH IS ORDERED this 23 rd day of August, 2011.

BRIAN D. HILL, Special Judge
Dearborn Superior Court II

Distribution:
Dearborn Superior Court Clerk
Honorable Brian D. Hill
Prosecuting Attorney
Bryan E. Barrett

Thursday, September 01, 2011

Chronological Case Summary for Dan Brewington as of August 30, 2011

Tue Aug 30 2011 14:27:45 Page: 1

CHRONOLOGICAL CASE SUMMARY
CRIMINAL DOCKET, DEARBORN SUPERIOR COURT 2
FOR CAUSE NO: 15D02-1103-FD-00084
STATE VS BREWINGTON, DANIEL
JUDGE BRIAN D HILL

ACTION: CLASS D FELONY
CT I: INTIMIDATION
35-45-2-1(a)(1) Class A Misdemeanor
CT II: INTIMIDATION OF JUDGE
35-45-2-1 (a)(2)(b)(1) Class D Felony
CT III: INTIMIDATION
35-45-2-1(a)(1) Class A Misdemeanor
CT IV: ATTEMPT TO COMMIT OBSTRUCTION OF JUSTICE
35-44-3-4 Class D Felony
CT V: PERJURY
35-44-2-1(a)(1) Class D Felony
CT VI: UNLAWFUL DISCLOSURE OF GRAND JURY
PROCEEDINGS
35-34-2-10 Class B Misdemeanor

DATE FILED:
ORIG FILE DATE:
3/7/2011
3/7/2011

ENTRY/FEE BOOK: PAGE: JUDGE BRIAN HILL
BOOK: 0 PAGE: 0
BOOK: 0 PAGE: 0

ATTORNEYS PARTIES
18809-15
4325-73
F NEGANGARD
PROSECUTING ATTORNEY'S OFC.
DEARBORN CO. COURTHOUSE
LAWRENCEBURG IN 47025
812-537-8858
BRYAN E BARRETT
RUSH CO PUBLIC DEFENDER OFFICE
101 EAST SECOND ST., ROOM 315
RUSHVILLE IN 46173
765-932-4163

PLAINTIFF
STATE OF INDIANA

DEFENDANT
DANIEL BREWINGTON
2529 SHERIDAN DRIVE
NORWOOD OH 45212

CHRONOLOGICAL SUMMARY OF FILINGS AND PROCEEDINGS Case Images
03/07/2011 Notice: N RJO: N
INDICTMENT FILED;
APPEARANCE FORM FILED BY STATE;
BENCH WARRANT ISSUED; KM
03/07/2011 Notice: N RJO: N
PRAECIPE FILED BY STATE; BR
03/08/2011 Notice: N RJO: N
MOTION FOR LEAVE TO AMEND INDICTMENT FILED BY STATE; BR
03/11/2011 Notice: N RJO: N
WARRANT SERVED ON DEF ON 3/11/11; BR
03/11/2011 Notice: N RJO: N
INITIAL HEARING ORDER SIGNED; UNDER ADVISEMENT; BR
03/11/2011 Notice: N RJO: N
AMENDED COUNT I; BR
03/11/2011 Notice: N RJO: N
NO CONTACT ORDERS (2) SUBMITTED VIA INCITE; CK
03/11/2011 Notice: N RJO: N
ORDER SETTING BAIL; BR
03/11/2011 Notice: N RJO: N
ORDER ON MOTION FOR LEAVE TO AMEND INDICTMENT. EA
03/15/2011 Notice: N RJO: N
ORDER APPOINTING PUBLIC DEFENDER SIGNED; BR
03/16/2011 Notice: A RJO: N
NO CONTACT ORDER SENT TO PETITIONER 3/16/2011; KM
03/16/2011 Notice: A RJO: N
NO CONTACT ORDER SENT TO PETITIONER 3/16/2011; KM
03/17/2011 Notice: N RJO: N
REQUEST FOR APPOINTMENT OF SPECIAL JUDGE BY THE INDIANA SUPREME COURT. EA
03/18/2011 Notice: N RJO: N
APPEARANCE FORM (J. WATSON) FILED ON BEHALF OF DEFENDANT; CK
03/18/2011 Notice: N RJO: N
DISCOVERY ANSWER FILED BY DEFENDANT; CK
04/18/2011 Notice: N RJO: N
ORDER APPOINTING SPECIAL JUDGE WESTHAFER; BR
04/20/2011 Notice: N RJO: N
ORDER CONT. P/T CONF SET FOR 4/26/11 RESET TO 5/11/11 AT 11:00 AM SIGNED
BY SPECIAL JUDGE J. WESTHAFER.MB
05/13/2011 Notice: N RJO: N
APPLICATION FOR REDUCTION OF BAIL FILED BY DEF; BR
05/13/2011 Notice: N RJO: N
MOTION FOR DISCOVERY AND REQUEST FOR RULE 404 AND 405 EVIDENCE FILED BY
DEF; BR
05/23/2011 Notice: N RJO: N
DISCOVERY ANSWER FILED; CK
05/23/2011 Notice: N RJO: N
DISCOVERY ANSWER FILED BY DEF; BR
05/23/2011 Notice: N RJO: N
MOTION TO WITHDRAW FILED BY J WATSON; BR
05/25/2011 Notice: N RJO: N
ORDER OF RECUSAL SIGNED BY SPECIAL JUDGE WESTHAFER;BR
06/01/2011 Notice: N RJO: N
QUALIFICATION BY SPECIAL JUDGE SIGNED;SPECIAL JUDGE BRIAN HILL.MB
06/01/2011 Notice: N RJO: N
ORDER SETTING HEARING FOR JUNE 17, 2011 AT 1:30 P.M.;ORDER SIGNED BY
SPECIAL JUDGE B.HILL.MB
06/03/2011 Notice: N RJO: N
ORDER APPOINTING SPECIAL JUDGE BRIAN HILL; BR
06/17/2011 Notice: N RJO: N
PRE-TRIAL ORDER SIGNED;
BOND REDUCTION HEARING; 7/18/11; 1:30 PM;
FINAL PRE-TRIAL 7/18/11 @ 1:30 PM; PLEA DEADLINE 7/18/11;
JURY TRIAL 8/16/11 @ 8:30 AM;
BR
06/17/2011 Notice: N RJO: N N
ORDER TO PRODUCE EVIDENCE SIGNED;
ORDER ON WITHDRAW SIGNED; BR
06/20/2011 Notice: N RJO: N
ORDER ON DEFENDANT'S REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER SIGNED BY
SPECIAL JUDGE B.HILL.MB
0,2
06/28/2011 Notice: N RJO: N
MOTION TO CONTINUE BOND REDUCTION HEARING FILED BY STATE; BR
06/29/2011 Notice: N RJO: N
SUPPLEMENTAL DISCOVERY ANSWER FILED BY State.kb
07/18/2011 Notice: N RJO: N
APPEARANCE FORM FILED BY BRYAN BARRETT;;
;BR
07/18/2011 Notice: N RJO: N
FINAL PRE-TRIAL HEARING; DEF W/ATTY B BARRETT; STATE BY J KISOR; COURT TO
RESCHEDULE BOND REDUCTION HEARING TO AUGUST 3, 2011 AT 1:30 PM; SPECIAL
JUDGE HILL; COURT TO PREPARE ORDER; BR
07/21/2011 Notice: N RJO: N
ORDER TO CONTINUE FILED; BOND REDUCTION HEARING RE-SET FOR AUGUST 3, 2011
AT 1:30 PM; CK
08/04/2011 Notice: N RJO: N
VOIR DIRE ORDER SIGNED BY SPECIAL JUDGE HILL; BR
08/04/2011 Notice: N RJO: N
MOTION TO VACATE HEARING FILED BY DEFENDANT; BR
08/04/2011 Notice: N RJO: N
ORDER VACATING HEARING SIGNED; BR
08/09/2011 Notice: N RJO: N
MOTION FOR CONFIDENTIALITY OF JUROR'S NAMES AND IDENTIFIES FILED BY STATE;
BR
08/10/2011 Notice: N RJO: N
MOTION TO RELEASE GRAND JURY EXHIBITS FILED BY STATE; BR
08/11/2011 Notice: N RJO: N
ORDER VACATING JURY TRIAL SIGNED; BR
08/17/2011 Notice: N RJO: N
HEARING ON BOND REDUCTION; DEF W/ATTY B BARRETT; STATE BY A NEGANGARD;
SPECIAL JUDGE HILL; WITNESSES SWORN; EVIDENCE HEARD; EXHIBITS 1 THROUGH 8
ADMITTED; COURT TAKES UNDER ADVISEMENT; BR
08/23/2011 Notice: N RJO: N
ORDER TO RELEASE GRAND JURY EXHIBITS FILED; CK
08/23/2011 Notice: N RJO: N
ORDER DENYING BOND REDUCTION FILED; CK
08/26/2011 Notice: N RJO: N
ORDER SETTING TRIAL SIGNED; BR

STATE OF INDIANA
COUNTY OF DEARBORN, SS:
I, the undersigned Clerk of the Dearborn Circuit Court, do
hereby certify the above …..
and signed by Philip Weaver