Friday, October 28, 2011

Agenda for Nov 1st Commissioners Meeting

November 1, 2011
6:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana



1. Private Real Property Rights Preservation Ordinance
Addendum to Future Land Use Plan Exemptions for All Private Property Owners who request it
2. Revised Jail Expansion Project
3. Unnecessary Regulations Discussion
Planning Commission Forwarded Recommendation Section 2245 Article 22
4. Vacate Right of Way at West St. and Alley in Hardinsburg

1. Sheriff Kreinhop/Kenny McAlister – Request to approach Council
2. Recorder’s – Redaction Services & Support Agreement


VI. AUDITOR – Gayle Pennington
1. Claims/Minutes

VII. ATTORNEY - Andy Baudendistel

1. Disposition of Surplus Vehicles





Tuesday, October 25, 2011

24 October 2011 Sentencing Hearing For Dan Brewington- Notes

24 October 2011 Sentencing Hearing For Dan Brewington- Notes

Special Judge Brian Hill from Rush County presided over the hearing. Brian Barrett continued as Brewington’s Public Defender- also from Rush County. Prosecutor Negangard and his assistant prosecutor Joe Kisor were also present. Brewington was attired in his orange jumpsuit and pink handcuffs.

Judge Hill asked if they all received a copy of the presentencing evaluation report. Answer-Yes.

Negangard presented all the state’s evidence with Kisor nodding frequently throughout the presentation.

Mike Kreinhop- sheriff was called first and identified exhibit 1 as Dan’s Adventure’s in Taking on the Family Court’s writings. Negangard added- and those are just the ones he’s added since the jury convicted him!

Barrett asked questions for the preliminary purpose of objecting. He asked, “Do you have knowledge as to who posted these? He has been in your custody.” Negangard noted they were also posted in links on the Dearborn County Blogsite.

The postings were admitted over Barrett’s objection.

Dr Edward Connor was called by Negangard and identified as one of the victims. He read a lengthy statement for the court directed at Dan Brewington. Connor said he’d read his (Brewington’s) thought’s for four years and that you have spent an enormous amount of time blaming everyone but yourself. You have been scheming and plotting to intimidate. Connor cited a case where Brewington wrote an anonymous letter to damage his practice and get others to hate me. and said that he didn’t testify at trial because he knew they would ask him about that and he’d have to admit to it. You told people I was a pervert in a post about asking a client about “shaving pubic hair.” That is a commonly asked question in cases where we try to find out about possible molestation. This is how you take one item and twist it to your own purpose. Connor reiterated the accusations that Brewington tried to damage his reputation and practice by mass mailings to attorneys and colleagues of Connor’s from the trial. He said, you have obsessed about me for four years, You are paranoid. But you do know the difference between right and wrong. I couldn’t predict if you would act on your writings. You also posted things about my wife (who is also a psychologist and works with Connor) When you said you would beat the custody evaluator senseless, that was a real threat, You even found a picture of my deceased father and posted that and also a picture of me from a wedding- and it is not known how you obtained that. You posted my street name and the amount of mortgage on my house. It did intimidate us. Three judges, the KY Board of Psychologists, all agreed that I had a right NOT to release the case file to you. You hold fast to these ideas and it will be a longer time away from your daughters. Connor cited the ex wife, his former attorneys, staff at daughter’s school etc as people Brewington blames or thinks are all wrong. Connor said- I never wrote anything about you on the internet. You have tremendous writing skills, computer skills, and intelligence. But you lack emotional intelligence. I do not determine if you get the case file- the court decides. Know this- There is nothing in the case file that will have any bearing on your custody case! I know that you would have posted info from that case file on the internet and hurt your ex-wife and kids. You wasted taxpayer’s dollars with this trial. Your family supports your delusional behavior. If allowed to go free you will ramp up your efforts to hurt people. We need to set a precedent here about internet stalking. The Courts will not have assistance or citizens to help as they will fear internet retaliation.

Sara Jones- Connor- had no prepared statement- she defers to what Dr Connor said. This is frightening to us. We have dealt with him daily for the past four years. We were not sure how he got info on us. The number of websites he used is astonishing. The amount of time he spent in his quest for revenge is disturbing. She reiterated the so- called anonymous letter to her husband. He attempted to gather other disgruntled clients- some of the clients we have are dangerous individuals. We were frightened for our children. He won’t stop if he goes free. What will he do? No children for two years doesn’t stop him, jail time doesn’t stop him. This is not about free speech-it’s about threats and intimidation- the degree he has caused alarm and fear in ours and other victim’s lives.

Heidi Humphrey- said they had to change their life style. He was given a simple request to seek help- and instead he has used this to intimidate. We are scared. I am still looking over my shoulder.

Judge Hill conferred with the attorneys.

Judge James D Humphrey- identified as Circuit Court Judge for Dearborn and Ohio Counties and a victim of Dan Brewington’s crimes. He read a statement saying that he was here in an unfamiliar role and needed to temper his remarks as he is a judge. He said that NO judge who saw Brewington’s writing, behavior, etc. would have …. This is not first amendment, but a disturbed person. He has not taken his own kids into consideration. It is more disturbing that he put my wife and family in this as some sort of sick revenge.
Humphrey praised Judge Hill for taking the case and also the public defender and Negangard for their roles in the case. You will probably be the next target. My wife and I have been targeted in a ridiculous federal lawsuit. He said that the lawsuit paperwork was sent to their home address- as one more way of using their home address. (Heidi Humphrey’s only legal address)
Humphrey said this is not a banana republic where judges can be intimidated. We will not be bullied or intimidated by you!
He (Brewington) will not listen or show any signs of remorse. Probation will just be a new target of intimidation. My wife and I will accept whatever your decision is. This man has no remorse and will carry out his sick campaign into the future.

Humphrey then sat in the front row and watched the rest of the hearing.

Joseph Kevin McCaleb (in getting the correct spelling from the county jail inmate list other info is that he was incarcerated July 4, 2011 for several counts of theft and attempted theft) McCaleb said he was Brewington’s cellmate for the past 2.5 months. He identified and exhibit as a letter that he (McCaleb) wrote to Aaron Negangard. Negangard asked McCaleb if Brewington said anything about future behavior. McCaleb said that there were comments about shooting Judge Humphrey that were so detailed and thought out that he was worried. He said now I don’t think this anymore. Negangard asked why and he said after talking to him and getting to know his family, I don’t think the same. Negangard asked what the fantasy was that he had written about. McCaleb said following him home, shooting him and dumping him in the river. Did he admit to having the 357? McCaleb- yes. Did he admit to driving past Connor’s house? Yes. Did he admit Heidi was James Humphrey’s wife? Yes.

Negangard asked, “Did he have any other thoughts and opinions?” McCaleb said- “He had thoughts and opinions about you!” Negangard ignored that comment.

Barrett asked about the date of the letter- Sept 25,2011 – it was the date sent- and noted that was before the trial. (this was not brought up at the jury trial)

Negangard was finished with witnesses and Barrett asked if Brewington could use elocution and present evidence or testify. They recessed for Barrett and Brewington to consult and then resumed at 2:40 PM

Dan Brewington testified under oath from his chair. Barrett asked several questions to get the following information: Brewington is 37 years old, divorced, with two children, Mary (7) and Audrey(5). He has been incarcerated in the DCLC since 3/11/11 continuously with his previous arrest in Ohio 3 days prior to turning himself in Indiana. He bonded out of Ohio to report to Indiana. He is prepared to address the court himself and present several documents.

Brewington began by addressing the judge as your Honor and cited some court cases throughout this and quotes to show his belief in his constitutional rights of 1st amendment. ( Cantwell vs. Connecticut) he said- I vigorously challenged the legal system. If I felt the activities violated laws I would not have done that. I don’t like to use this word in court but Mr. Negangard said that you can call the judge a son of a bitch but not a child abuser. The prosecutor convinced the grand jury to indict me for exposing evidence and even told the jurors in my trial not to worry about that.(referring to the post where Brewington says he’s going to talk about the grand jury and then the link goes to a movie script.) This brings into question all the indictments by the grand jury. Judge Humphrey’s candidacy and political contribution report has a post it note that says “Do not disclose address.” In Ohio this is against election rules. This exhibit B shows Humphrey’s election forms dating back to Oct 12, 2004 ALL LISTING Humphrey’s address- as it is a public record.

In reference to publishing Heidi Humphrey’s address on the internet- Brewington said that as late as Aug 22, 2009, she was listed as a public official. In a Feb 21, 2011 article on the internet it lists all of James Humphrey’s activities, spouse, kids, and smoking recipes. He also hunted squirrels as a kid. And yet they question me teaching my girls to shoot a BB gun.

Negangard stopped him and questioned how he got the internet report- it was from his family and Brewington had asked them to research Humphrey on the internet.
Brewington said that Prosecutor Negangard did not tell the truth when he said I did not get a mental health evaluation. The exhibits introduced at this point were Sept 30, 2009 and Oct 2009 encounters with Dr Henry Waite, psychiatrist. He said that Dr, Waite is and MD and can prescribe, unlike Dr. Connor who is a PhD psychologist. Judge Humphrey’s orders to get a mental health evaluation were from August 18, 2009. There is a letter in this exhibit from Dr. Waite that he wrote after finding out about my situation and also a CV (curriculum vitae) for Dr. Waite.
Another exhibit shows Waite being able to receive Connor’s evaluation. Jan 19, 2010 and March 2010 dates were on these items. The court was aware that he wanted to use Dr. Waite. On March 19, 2010 a hearing was set for June 14 2010 to get Dr. Waite approved. Humphrey recused himself 5 days before this hearing. He served as our judge for a year after he knew I was investigating him. There are 8 different entries on the CCS documents on my divorce from Dr. Waite. Waite describes me as being like a CEO- with and energetic personality. He says that I am no danger to my kids or others. Brewington also showed a letter from his treating physician Dr. Doug Logan and patient ledgers showing that he has not missed treatments since 2002. Granted this is just for ADHD.

It was stated that I attacked Dr Connor because of the custody issues. That is not true- I went after this report because of the numerous errors and oversights and then he charged us to correct them. He had inaccurate prescription usage and listed my brother Mark as a reference. My brother is Matt and I never gave his name as a reference. There were issues with eth office policy statement submitted by my wife and her attorney, Angela Loechel. Connor said this was an adjunct document… Judge Hill interrupted and wanted Brewington to get to pertinent information.

Brewington said they brought another inmate in here attesting to ridiculous allegations. They had Keith Jones on a drive-by on Judge Humphrey tip that was investigated by Shane McHenry and ATF agent. The jail management system in Hamilton County shows that we never came in contact in the Hamilton County Justice center. This is an example of the QUESTIONABLE conduct of the prosecutor. This exhibit shows that and also certified copies of Keith Jones arrest records.

Judge Hill said- the inmate at the Hamilton County jail and the one at DCLC are not a concern. I will NOT take any part of these into consideration in my sentencing.
All the exhibits on Dr Waite are admitted. It was not clear if the info on the Keith Jones case was admitted or not.

Exhibit J had four letters of character references from people who knew Brewington- Thomas Maloney- fire chief, Tim Haywood, a police officer, Jane ( and RN) and Wendell- ( couldn’t catch their last names).

The final Exhibit- K- is a picture of me and my daughters just before they were taken away. One of the girls would run back and forth to reset the timer on the camera. We took a lot of pictures- we do creative things- it’s who we were- and what we did. Brewington’ s voice cracked several times talking about his daughters. Barrett helped fill in with a question to ease him through.

Brewington went on- I will turn 38 soon and aside from a DUI in 1996 I follow the laws, I did say harsh things on the internet. I didn’t know it was against the law. No one told me to stop or if this falls into telecommunications harassment. Vigorous criticism by citizens is allowed. I was under the impression this would be a civil matter- not a criminal matter. Connor said he is an extension of the court system to Judge Taul so he is public. They ask what my intent with blogging was. I met a new friend ( Greg Morehead)through the blog- we connected over our custody experiences with Dr Connor. I was not stalking Dr Connor- I went to support Greg Morehead at his invitation to his hearing.

My speech was harsh- but not malicious in terms of violating the law. Brewington gave other opinions- Brandenburg vs. Ohio about yelling fire in a crowded theater. I did not threaten public safety- I did things from behind a computer- some called me a coward for that- but I signed all my writing.
I accept the punishment I get- under no circumstances did I knowingly commit a crime- I thought it was free speech.

Judge Hill asked if Dan Brewington had read his pre-sentencing evaluation- and was it accurate. He said yes. The only self reported crime was a DUI in 1996- yes- in Campbell County, KY.

Closing arguments:


Cited Richardson vs. state, Engelmeyer vs. state and Blakely vs. state you can look at a range of sentences. Charges in this case can go to 9-10 years maximum, depending on if they are concurrent or consecutive.

The state is concerned- even as we sit here today he accepts no responsibility. Melissa ( his wife) and the judge suggested he stop. He never accepts responsibility. He lied again when he said he didn’t know he had to get a court approved psychologist. Nor has he paid any sums ordered except child support. It shows his disdain for authority. To this day he has not done what was ordered by the court.

Negangard then talked about Judge Joan Humphrey Lefkow of Illinois. Negangard said that her pro se litigant felt bad, filed motions, a suit, and complaints to the attorney general. This guy went to her home and killed her husband and mother. The judge was not home.

There is psychological evidence for years now Brewington has paranoia and delusions and has yet to be evaluated to shed light on who he is or what makes him tick. Now he says it’s MY fault! ( Negangard’s fault) He has continually blogged since the trial. His intent is to intimidate and he lied to the grand jury when he testified and a jury found him guilty. Mr. Brewington has attempted to affect the outcome of the judicial process. Negangard then went back to Judge Lefkow having to be protected by US Marshalls. Brewington has no apologies- no acceptance of responsibility. He says- “If I knew I’d violated the law…” He’s proud that he hasn’t turned over the handgun to his wife as she’s psychologically unstable. It still hasn’t occurred to him that he should do this psych evaluation and see his kids. There is NO POINT IN PROBATION! It would just be more letters and targets. We need to protect the judicial system. We need a sentence to send a message. Connor and others won’t testify in court if they fear internet harassment. There is a shortage of doctors willing to testify across the state. When witnesses won’t testify- that will cause the republic to fall.

In blogging- the intent was no longer to stimulate public discourse. Hold him accountable for his attacks on the judicial system, He is not someone deserving of mercy. Melissa ( Brewington’s wife) thought it would be a good thing if he’d address his problems. Brewington could be wrong and he needs to be fixed.


gave a printed sheet of his background cases and argument- then spoke:

All his criticism- he put it in writing. The law is about aggravating and mitigating circumstances. All of these items are part of an episode of criminal conduct. The average is 18 months. The maximum is 4 years. Generally criminal history is the most significant factor. I don’t know how these acts made people feel. Negangard doesn’t agree. That’s why we have appellate courts.

Barrett said it was INAPPROPRIATE to consider Bacher vs. State 1997. The impact requires that it would require specific findings that were foreseeable to defendant. It is inappropriate for a trial judge to send a message as in Greg vs. Bay vs. state 1996. ( don’t hold me to spellings on this he was talking fast) Defendant’s jail time should be rehabilitative as well as punitive. Buchanon vs. state – talks about the absence of physical injury and minimal property loss in sentencing guides.

Barrett said his speech is protected- right or wrong- tasteful or not. He has no criminal history. This is NOT like Judge Lefkow that Negangard mentioned. ( for the story look her up on Wikipedia and the internet) This defendant ( Brewington) is likely to respond to his time already served. He has been in jail for 231 days including the Ohio time. We ask you to use the 231 days as time served and he will live with his mother in Ohio.

Judge Hill-
went over the mitigating circumstances. He found that Brewington did plan to harm them based on his voluminous amounts published. He said the circumstances are likely to reoccur as he still intends to write, even if it is not criminal. He referred to the judge in derogatory terms as often as possible in his posting about son of a bitch vs. child abuser. The probation issue is not a reasonable solution. He has been a law abiding citizen since before all this and the DUI is too long ago to even consider.

As to aggravating circumstances, Hill said there was significant harm done to people. There were ongoing comments and threat after threat for years. You twist the fact to manipulate the justice system to make yourself out to be the victim. Hill used IC 35-50-1-2 regarding consecutive and concurrent terms regarding offenses closely related in time and circumstance. He found that the perjury was separate from the other four charges.

Count 1 was 6 month in DCLC ( Connor)
Count 2 was 2 years IN DOC (Judge Humphrey)
Count 3 was 6 months DCLC (Heidi Humphrey)
Count 4 Obstruction of Justice was 2 years IN DOC
Count 5 Perjury was 1 year IN DOC

He went on about which ones were concurrent and consecutive to each other and ended up with 5 years with 231 days credit and 231 days good time credit.

The judge said there was 30 days from today to file a motion to appeal or correct errors. If a motion to correct error is filed, there is 30 days from then to file for appeal.

Brewington said he intended to appeal and asked for a public defender. Barrett suggested it be someone besides him, but that he has the motion for appeal ready to file.

Court adjourned at 4 PM

Christine Brauer Mueller
Lawrenceburg Township

Note: I attended the entire 4 day jury trial as well. Those 70 pages of notes are not posted. If you have any questions about the trial- please post them below in comments and I will be happy to refer to the trial notes to answer them.

Monday, October 24, 2011

24 October 2011 Dearborn County Plan Commission Meeting Notes

24 October 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.

Request: Vacate Candlewood Court within Harvest Ridge Estates.
Applicant: JDJ Surveying / Owner: Maxwell Properties IV, Inc.
Site Location: Hearthstone Drive
Legal: Sec. 15, T7, R2, Map #02-15, Parcel #010
Township: Kelso Size: .288 Acres
Zoning: Residential (R)


Vacation Background:
1) The subject land area—Kelso Township, Township 7, Range 2, Section 15, identified as the
Candlewood Court street right-of-way in the Harvest Ridge Subdivision—is currently located
within a Residential (R) Zoning District.
2) The Harvest Ridge Subdivision was platted in 2006; the second phase was added in 2008.
3) The Petitioner is requesting to vacate:
 Candlewood Court—an unimproved, unmaintained (approximately 155-foot long)
street with a road right-of-way width of 50’ They plan to replat with a smaller number of panhandle lots.
4) Please refer to Article 2, Section 280 of the Dearborn County Subdivision Control Ordinance regarding vacation procedures.

At its meeting on October 3rd, 2011, the Technical Review Committee raised no objections or concerns with the Petitioner’s request to vacate this area of Phase II, for the purpose(s) of re-platting.
Financial guarantees are in place still for the development. Maxwell owns all the land surrounding it.

Jeff Stenger Surveyor presented for the applicant who was not present. MapleStreet Homes thought it would be cost effective to remove the street and end up with the same number of lots and two panhandles. They have the vacation plat and the replat is already drawn up as soon as this is approved. At the end of the street is a temporary cul de sac. Not sure what they will do with that part of the property yet. There will be a large gravel turn around there until they decide. It’s partially constructed now.

No discussion- favorable recommendation to vacate Candlewood Court. All ayes.

2. Request: Proposed changes to the Dearborn County Zoning Ordinance
and Subdivision Control Ordinance.

The petitioner’s application must:
1. State the reasons for and the circumstances prompting the request;
2. Include a survey that meets all of the requirements for a Certified Survey, as set forth in Article 2, section 260 of the order; in 260 of this order; and
3. Give the names and addresses of every other owner of land in the plat;
4. Contain a map or line drawing, as prepared by a registered Indiana Land Surveyor, showing the lots or plat areas that are intended to be vacated and their relationship to abutting parcels. This map or drawing shall also indicate the names and relevant deed or legal instrument references associated with the adjoining property owners.
Within thirty (30) days after receipt of a petition for a vacation of a plat, the plan commission staff shall schedule the petition to be heard by the Plan Commission at a public hearing. The Plan Commission shall follow the same public hearing procedure(s) to review proposed plat vacations as those requirements outlined (earlier) in this Article for the review of Primary Plats.
After hearing the petition, the Plan Commission shall approve or deny the plat vacation request. The Commission may approve the vacation of all or part of a plat only upon a determination that:
1) Conditions of the platted area have changed so as to defeat the original purpose of the plat;
2) It is in the public interest to vacate all or part of the plat; and
3) The value of that part of land in the plat not owned by the petitioner will not be
diminished by the vacation.
The Plan Commission may impose reasonable conditions as part of any approval. The
Commission shall furnish a copy of its decision to the County Recorder for recording.
A petitioner or other interested party may appeal the Plan Commission’s approval or
disapproval of a plat vacation in the manner prescribed by IC 36-7-4-1016

SECTION 282 –Vacation of Public Ways or Places
As identified in IC 36-7-3-12, persons who:
1) Own or are interested in any lots or parts of lots; and
2) Want to vacate all or part of a public way or public place in or contiguous to those
lots or parts of lots; may file a petition for vacation with the Dearborn County Board of Commissioners.
The petitioner’s application must:
1) State the circumstances of the case;
2) 2)Include a survey that meets all of the requirements for a Certified Survey, as set forth in Article 2, section 260 of the order;survey that meets all of the requirements h in Article 2, Section 260 of this order; and
3) Give the names and addresses of all owners of land that abuts the property
proposed to be vacated.
The Dearborn County Board of Commissioners shall hold a hearing on a vacation petition
within thirty (30) days after it is received. The clerk of the Commissioners shall give notice
of the petition and of the time and place of the hearing:
1) In the manner prescribed in IC 5-3-1; and
2) By certified mail to each owner of land that abuts the property proposed to be
The petitioner shall pay the expense of providing the required notice.
The hearing on the petition is subject to IC 5-14-1.5. Any person(s) aggrieved by the
proposed vacation may object but only on the following grounds:
1. The vacation would hinder the growth or orderly development of the unit or
neighborhood in which it is located or to which it is contiguous;
2. The vacation would make access to the lands of the aggrieved person by means of
public way difficult or inconvenient;
3. The vacation would hinder the public's access to a church, school, or other public
building or place;
4. The vacation would hinder the use of a public way by the neighborhood in which it
is located or to which it is contiguous.After the hearing on the petition, the Board of Commissioners may, by ordinance, vacate
the public way or public place. The clerk of the Commissioners shall furnish a copy of each vacation ordinance to the County Recorder for recording and to the County Auditor.
Within thirty (30) days after the adoption of a vacation ordinance, any aggrieved person may appeal the ordinance to the circuit court of the county. The court shall try the matter de novo and may award damages.

Plan Commission suggested putting numbers 2 and 4 together so that it doesn’t appear that two maps be done. Approved with striking # 4 and revising #2 Under Petitioners application.


Vehicular use areas have not been addressed yet until he gets direction from the PC Board. Hughes wants to drop the trees and obstructions in parking lots. He noted that Commissioner Orschell said they were a problem for snow removal also. McCormack said the interior parking islands were not so much an issue as the aesthetics around the buildings themselves. Lawrenceburg does not have these parking islands in their ordinance. He said he was not here 10-12 years ago when this ordinance was written, so he is not privy to the reasoning behind adding this in. Mature tree root systems cause problems in the pavement. Also droppings from the trees. Lehman suggested they could let this rest and do it with the entire revisions from the state law changes. McCormack said if it’s necessary for storm water reasons they can still put these in there, if they want to do so. Plan Commission recommended favorably to Commissioners to eliminate the interior planting section of the parking lots. All ayes.

Maxwell is renewing his financial guarantees and Old Orchard was taken care of.

One round of interviews for assistant planner position. Russell Beiersdorfer and Mike Hornbach to sit on the 2nd round. There was a really good bunch of candidates- best they’ve ever had per McCormack. He feels like whoever they get will be good.

Plan Dept working on three grants one for park around St. Leon and 2 for economic development. One large one and one for retention of economic development.

Meeting adjourned at 7:45 PM

Christine Brauer Mueller
Lawrenceburg Township

Tuesday, October 18, 2011

18 October 2011 Dearborn County Commissioners Meeting Notes

18 October 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.


Private Real Property Rights Preservation Ordinance- Hughes asked to table this again. Tabled.

Revised Jail Expansion Project- Orschell- pre design phase is complete and will be presented to Commissioners at the Nov 1st meeting. Tabled until then.

Sick Time Donation- SueEllen said the committee has met and looked over all the departments input. They suggest that donated leave can be used after 12 weeks of sick and comp time are all used up. Approval of the donated leave would go for a max of 20 work days and would go in front of the personnel advisory board. The committee did not want to make any changes to the rest of the policy- just the donated time. The old policy had max of 60 days donated. The advisory Board was almost ready to get rid of the donated time as it has been abused so much. Hughes noted the lengthy discussion and said that this was the alternative to doing away with the policy entirely. McHenry thought this was a good alternative. Commissioners approved the recommendations of the Human Resource Director.

Building Commissioner – Bill Shelton- added to agenda by Hughes who forgot to put him on Late Arrivals. Crawl space drainage issue and the contractor won’t come back to fix it. Tey are looking for advice and help from the commissioners and the county attorney. The footer drainpipe is at the same level as the crawl space. The footer is sitting in the water as well. It’s not even a year old. The contractor lives in Greencastle. The excavator says, yes, there is a problem, but he won’t fix it. There are mold issues and the water is sitting on top of the plastic. It won’t pass the final inspection and there is no certificate of occupancy, though the resident is living in the house. Commissioners wanted bill Shelton to meet with Baudendistel to see what their legal options are and report at Nov 1st meeting.

Unnecessary Regulations Discussion- Hughes- Commissioners did not address this item.


Mark McCormack Planning and Zoning:

Vacate ROW at West Street and two Alleys in Hardinsburg- petitioner was Terry Cornett represented by Dennis Kraus, Jr., Surveyor. The Plan Commission forwarded a unanimous favorable recommendation for this. There was no one here in protest. There had been an issue with one adjoiner , Travis Chrisman, that they believe has been resolved. Mr. Cornett was alright with the revision as requested by Chrisman on the West Street vacation. They also accommodated the Conservancy requirements. Some of the improvements to the levee are outside the area owned by the Conservancy district. Richard Butler, the attorney for the conservancy district was OK with the plans, except for this small piece of property about 16 ft long. They TABLED this until the drawings could be revised to each party’s satisfaction.

Proposed changes to the Dearborn County Zoning Ordinance Article 1 Section 160- there will be several revisions to reflect the state law changes in future months. For this they are adding one sentence that shows that waivers can have written commitments. This is just to show that as a possibility. Hughes asked about waivers vs. variances as Ken Nelson had mentioned at the PC meeting. McCormack noted that variances are granted by BZA and Waivers are granted by Plan Commission. Commissioners approved the amendment to Article 1 section 160.

McCormack said that street vacations would be covered by Commissioners and plat vacations by PC in the revised ordinances soon also.

Parks Board – 4H Shooting Range- Bill Ewbank spoke with Jim Red Elk. Park Board and 4 H met and are in the process of drafting a legal memorandum of understanding. He said that Commissioners should ask to see the MOU between 4H and Parks board and that these groups are handling this between the boards as they should. Bill Ewbank was directed to advise Park Board to allow Commissioners to review that MOU.

John Hoskins - Residents Improvement of York Avenue in Center Township- west of Aurora in Langley Heights. This is the only access to his property other than private ROW. He and other property owners will improve it by removing some dirt and adding gravel. This is not the area in contestation up in Langley Heights. This is in farming area. Todd Listerman and Tim Grieve looked over it. It’s an unmaintained ROW and he wants to build a drive access on this. He had asked Hoskins to appear at Commissioners to be sure the County approves. This goes in front of an existing house. Listerman will work with him and be sure it is done to our specifications. Commissioners were happy to allow this and motioned and approved this project.

Sandy Carley of PAWS- request to go to Council to review the 97 account with $119,000+ in it from PAWS and other donations for the shelter to be built. There were several organizations that contributed to this. They have accounted for this in all their budgets. The PAWS organization is asking for all of this to be turned over to them for the new shelter. Bill Ewbank said that In 2008 the resolution was specific to donate this to the shelter as designed by Darryl Sears. The county could continue that fund if they were to get more donations, but that could be stopped now that PAWS is in charge and can get their own donations. Baudendistel said the commissioners could pass a resolution to release that money to PAWS. Carley said there is $30,000 donated by Council that was merged with this fund a few years back. Commissioners will pass a resolution dissolving the fund and distributing it to PAWS. Then PAWS will go to Council also with this on Nov 22. Sandy said there is a lot of incoming animals right now.

Margaret Minzner GIS- Data Sharing MOUs (memorandum of understandings)- Switzerland County is sharing with us and wants us to share with them. Margaret recommended drsawing up MOUS with our other neighboring counties at the same time- Franklin, Ohio, Ripley County. This will get the regional map up and running. All approved including the Switzerland County agreement, Franklin, Ohio, and Ripley counties. Commissioners signed all 4.

HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer gave the following report:
Salt Building is complete our on Randall and 2,000 tons are being delivered now. More will be ordered late. Dearborn County Foundation ribbon cutting ceremony for this new building.
Received the radar speed trailer donated by Community Foundation also. They will get it into use soon.

Last property owner for Lower Dillsboro Road- meeting to get that in order by end of the year.
Also getting the last parcel for Bridge 34 resolved.

Tim Grieve- got quotes for truck chassis only. 5 quotes- and high is $127,500 and low is $109,910. $122,000+ is the Mack bid- in the middle of the road. Mack is a local dealer and has been responsive. Total cost $122,556 Grieve was approved to use his best judgment on this purchase from Lischge.

AUDITOR: Gayle Pennington- claims approved. Approved the JUNE 21st Commissioner meeting minutes.

There is a federal stipulation for HR called E-verify for illegal aliens. There is an amendment for the SRI service agreement and they have verified all their employees under this service agreement. Commissioners will have Baudendistel review it before they sign it. All potential employees have to go through this verification process. The county is compliant in this.

ATTORNEY: Andy Baudendistel- just some paperwork with some issues on boundaries- signed. This was unclear as to what it was!

COUNTY COORDINATOR: Bill Ewbank- meeting with INDOT on Nov 3rd 9 am or Nov 9th at 1 PM on transportation improvements in the county. Will set date and get back with commissioners.

COMMISSIONER COMMENTS- Shane McHenry said the CAC (Child Advocacy Center)- asked to have Barnes and Thornburg assist CAC for grants and go after funding for them. Approved. Bill Ewbank is to send email to them and if there are additional fees to get back to Shane.

LATE ARRIVAL INFORMATION- State is passing a law going away with Level 1,2,3 emergencies per EMA- Bill Black.

Bill Black EMA - Reverse 911 system- grant funded and we haven’t done this yet- and funding is drying up. We looked at Code Red a few years ago and the quote is $25,000 and after the first year it’s $35,000. This is a warning system on cell phones etc for severe weather. Sheriff was in favor. This also would be useful to notify people in an area when there has been a burglary or shooting. We no longer have control over cable TV for this. Comcast turned this off. Switzerland County uses this system. No point in getting a grant for just one year if we can’t sustain it. Hughes wants to coordinate it with region. Hamilton County has a different system. This would be run from the dispatch center and web based. Charlie Ashley 911 coordinator was in agreement to try this. Bill was given permission to move forward on this.

Orschell advised Commissioners that Ginny Daum was recovering from a cancer operation- they will send a card.


Meeting adjourned at 10:35 AM

Christine Brauer Mueller
Lawrenceburg Township

Friday, October 14, 2011

Agenda for October 18th Commissioners Meeting

October 18, 2011
9:00 a.m.
City of Lawrenceburg
Administration Building
230 Walnut Street, Lawrenceburg, Indiana



1. Private Real Property Rights Preservation Ordinance
2. Revised Jail Expansion Project
3. Sick Time Donation
4. Unnecessary Regulations Discussion

1. Mark McCormack – Planning & Zoning
a. Vacate Right of Way at West St. and Alley in Hardinsburg
b. Proposed changes to DC Zoning Ordinance Article 1, Section 160
2. Parks Board/4-H Shooting Range
3. John Hoskins – Residents Improvement of York Ave.
4. Sandy Carley – Request to go to Council
5. Margaret Minzner – DATA Sharing MOUs


VI. AUDITOR – Gayle Pennington
1. Claims/Minutes

VII. ATTORNEY - Andy Baudendistel






Tuesday, October 04, 2011

4 October 2011 Dearborn County Commissioners Meeting Notes

4 October 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.

EXECUTIVE SESSION@ 5:30 PM on Pending Litigation. Tabled for more information and attorney negotiations.


Private Real Property Rights Preservation Ordinance- tabled again

Revised Jail Expansion Project- Orschell had a meeting last month and meeting Oct 12 for final plan hopefully. Will have something then- Tabled.

Med Ben- Wellness Program- Mike Kramer and Suellen - comfortably in budget and wanted to evolve to a wellness plan. Wanted to change the utilization review company also. Lab draws in the beginning and each employee gets results up front. Costs $34,000 for those labs. Another plan just reminds them of the 6 tests and just let their Physicians do them to avoid duplication. This keeps it more private for employees. There’s an $8,000 additional cost but is offset by not spending the $34,000. Cholesterol, Pap smear, mammogram, PSA, and colonoscopy are the 6 tests. There are still health coaches available. Going from Complete Care Management to I-Health. Commissioners approved.

Sick Time Donation-Gayle Pennington said the committee met again today and Suellen will type for next committee meeting. If approved they will come to the commissioners after that.

Unnecessary Regulations Discussion- Plan Commission will have public meeting and bring it to Commissioners.


Brock Brown – Gallager Asphalt- not available tonight.

Hoosier Square Bid Presentation- Bill Ewbank- Seyferth of Cleves $ 264,732. Reconstruct steps and ramp- Seyferth $13,000. remove water in back lot and upgrade lighting for fed guidelines. Will submit to County Council for additional appropriation of $40-50,000 to finish this. If they approve then they will award it to Seyferth. County will be handling security devices on their own. Commissioners approved pending Council’s approval of extra funding.

Margaret Minzner- Data Sharing MOU and WTH contract- GIS will be more integrative with 911 and with sheriff’s department. They got the grant so the WTH contract for $11,200 was approved by Commissioners.

Data sharing with Hoosier Hills Regional Water Corp so they will share theirs with us also. Dennis Kraus, Jr. prepared that and Andy Baudendistel reviewed the agreement. Commissioners approved the data sharing with a memorandum of understanding with Hoosier Hills regional Water Corp. No liability for either side.

Monthly reports show more visits and requests on the GIS site. This will add money to the GIS perpetuation fund. They are looking on how to get larger maps to be able to print in a cost-effective manner. Fee for printing to a webmap as it takes server strength. They are still working this out.

Steve Renihan- DCRSD Request to go to Council regarding Contingency Fund 5- Sewer district needs additional out of their contingency fund that will put their balance back to $10,000. Budget less than $40,000 annually. This $10,000 helps with their small extras issues. Balance of $2,523.33 and they have a bill that came in on legal fees with West Harrison TIF project and the OKI regional project. IDEM still has to rule on that. That depends on how much we have to cover for the county. Frank Kramer does a lot for us- but he’s half the cost of our other attorney. Some users had not paid their sewer bills for awhile and now those bills are coming in. We set the rates affordably- but if only a few don’t pay, we don’t have excess to cover the loss. If the 3 companies go into the West Harrison TIF then they migt have about 400 jobs and more tax base for the county. Several legal fees exist with St Leon issues over the TIF sewerage out there. They want to get the fund back to $10,000. Renihan said maybe we should ask for $18,500 to cover the legal fees and still have a $10,000 cushion. Renihan said the county has to have representation even though the services are provided by the municipalities. The county does not want to be stuck with justteh problem areas that don’t really pay for themselves. Without DCRSD the unincorporated folks have no representation at all. Commissioners approved going to Council for the $18,500 request for operating expenses.

Sheriff Mike Kreinhop- Inmate Medical Fees-medical copayments by inmates to be raised for doctor and dental visits from $10-$15 and a new category of mental health have a fee for $15. Prescriptions copay from $3-$8. There are no more over the counter medications offered at the jail. If they are indigent they do not have to pay. Nurse charge of $10 remains the same. Commissioners approved the new fee schedule.

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

Received the design consulting contract on Bridge 138 – Bonnell Bridge from American Structurepoint for $139,195. Commissioners signed.

Working with auditor, assessor and attorney- on last property for North Dearborn. Looks to be completed.

Slips from spring floods. Stateline Road 80/20 approved by INDOT to repair the slip on Stateline hill for $212,000. We need to get 20% of this. Hogan Hill for $152,000 and $161,000 for West Laughery for 25%/75% will be reimbursed later by FEMA afterwards. Commissioners approved going to Council for total funding up front and also for Stateline so that they can be reimbursed upon completion.

Tim Grieve, Highway Superintendant – The tractor approved before we have quotes on now. Smith Implement in Greensburg was $1600 cheaper than Zimmer here for the tractor. They can give us a tractor NOW. Others thought spring time to get it in maybe. This is a John Deere- $27,789 total. Commissioners approved.

AUDITOR: Gayle Pennington- claims approved. She was in conference last week- nothing else.

ATTORNEY: Andy Baudendistel- Park Board and 4H provided you with statutes and also the deed that was supposed to be transferred. He will continue to look into it and hopefully they will sit down and come to an agreement. Hughes said he did see Mike Heffelmire at Aurora parade and he said I need to talk to you.

COUNTY COORDINATOR: Bill Ewbank- Public Surplus Auction- Completed records storage in water rescue building. So now they need to get things auctioned off faster. They want to list it on the website and let them sell them for us as they come up rather than age in the parking lot. There are about 5 vehicles to try on the Public Surplus website. References checked and they look good. Taxpayers should be proud that the stuff we use are used up so that most of it is junk. The first picture will tip them off that it’s junk. Commissioners approved trying this out.

New PAWS building open and all animals transferred. Effective start date of the 36 month contract to start Oct 1, 2011, when they opened. Approved. They will get $1500 to cover the week of transition time in late September.

COMMISSIONER COMMENTS- Tom Orschell- wants to have Mike Burgess VA officer to write a letter to the Bondurant family showing a letter of support for the sacrifices he made after being injured. Approved.

Hughes had a moment of silence for Miss Pody Freiberger who worked for many years from the county. She passed away this week.

McHenry- talked to the town board and they will get with Bill Ewbank- Trying to get building torn down or donated next to the bank in Moore’s hill as it has not been cleaned or rehabbed.


PUBLIC COMMENT -Andy Baudendistel- Thanked Tom Orschell for coming to Drug Court last week and show support. They have 22 participants they are trying to help.

Meeting adjourned at 7:25PM

Christine Brauer Mueller
Lawrenceburg Township

Saturday, October 01, 2011

Freedom of Speech on Trial

With trial a few short days away I feel compelled to do my best to awaken the Citizens of Dearborn County to a gross violation of the civil rights of one Mr. Dan Brewington, currently being prosecuted for exercising his First Amendment Rights under the Constitution of the United States.

Some of you may have seen the occasional and sometimes voluminous posts of data pertinent to his prosecution.  Some of you may have taken the time to read bits of his posts found at, and a few, like myself, may have even taken the time to read most of what is there.  So far, little direct commentary has been offered here on the subject, as we felt that the information and commentary elsewhere spoke for itself.  We had fully expected that, at some point, those persisting in this prosecution would come to the realization that their efforts were both unwise and without foundation.  Based on the attitudes exhibited in this post (  it would seem that is not to be.

Perhaps it is a simple failing our educational institutions, but it seems odd that those who are at the core of our justice system in Dearborn County, supposedly possessing degrees in certification of higher learning could be so ignorant of what the Constitution really means in it's assertion of Free Speech.  They profess a limit on this Freedom (and there surely are limits but not what they intend), then proceed to define that limit to serve their own interests.  I offer what follows so that both you and they can understand the realities of the issue.  Please bear with me and read on...

It is a grim time.  It seems we live once again in a world like that of England of old, when a man could be imprisoned for criticizing the King or his Nobles.  In those days such an act was called "Seditious Libel". These days, at least in Dearborn County, they call it "Intimidation".  (When I compare the weblog postings upon which the prosecution depends, I can find little difference between what the prosecutor calls intimidation and the description of  seditious libel below).  In those days truth was not a defense and offenders were routinely crushed by those with the power to do so.  It appears little has changed in all these years.  While we have no Aristocracy (and certainly no nobility) to lord it over us, we have Sheriffs and Judges and a Prosecutor more than happy to take up that mantle. 

Fortunately for the accused, these days we have something called the Constitution and the Bill of Rights, the very first amendment of which states:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

The following is  a collection of excerpts relevant to Mr Brewingtons current situation from ...

Original Meaning: Freedom of Speech or of the Press

    Summary: Freedom of Speech or of the Press can be defined as the freedom from seditious laws of libel so people can openly discuss or criticize government policy or conduct of public agents without fear of being charged with a seditious crime.
The biggest modern error in understanding freedom of speech comes from viewing it as a right to be heard (or even seen) or the unfettered right to gain information that might later be used to create a public discussion. Such was never the purpose of the constitutional freedom.
Freedom of speech and of the press served one purpose in America: To remove the fear of the common law doctrine of seditious libel so citizens could freely speak or publish their grievances or concerns regarding public affairs or conduct of public officials. One of the distasteful things found under the common law was the government practice of criminalizing any discussion they felt made people dissatisfied with their government.
Seditious libel (or criminal libel as it was sometimes called) was generally defined as “the intentional publication, without lawful excuse or justification, of written blame of any public man, or of the law, or of any institution established by law.” (Stephen, History of the Criminal Law)
In England, it could be dangerous to criticize government, or peaceably assemble or petition government for redress of grievances because anything one might speak or write could end up being used against them under the charge of seditious libel where truth would be of no defense.
How can we know for sure the freedom of speech or of the press means freedom from seditious libel? All early American laws over speech and the press dealt solely with breaches of the peace or public morality (blasphemy, obscenity, profanity, etc.), but never laws criminalizing public discussion of public measures, grievances or criticism of public officials.
Benjamin Franklin, writing in The Pennsylvania Gazette, April 8, 1736, wrote of the American doctrine behind freedom of speech and of the press:
Freedom of speech is a principal pillar of a free government; when this support is taken away, the constitution of a free society is dissolved, and tyranny is erected on its ruins. Republics and limited monarchies derive their strength and vigor from a popular examination into the action of the magistrates.
The Democratic-Republican caucus included the following in their 1800 platform: “An inviolable preservation of the Federal constitution, according to the true sense in which it was adopted by the states. … Freedom of speech and the press; and opposition, therefore, to all violations of the Constitution, to silence, by force, and not by reason, the complaints or criticisms, just or unjust, of our citizens against the conduct of their public agents.
Thomas Cooley hit the ball out of park when he wrote of the freedom found under American constitutions:
Their purpose (of the free-speech clauses) has evidently been to protect parties in the free publication of matters of public concern, to secure their right to a free discussion of public events and public measures, and to enable every citizen at any time to bring the government and any person in authority to the bar of public opinion by any just criticism upon their conduct in the exercise of the authority which the people have conferred upon them. … The evils to be prevented were not the censorship of the press merely, but any action of the government by means of which it might prevent such free and general discussion of public matters as seems absolutely essential to prepare the people for an intelligent exercise of their rights as citizens.

Finally, as Mr. Brewington's prosecution now proceeds apace, I would suggest that regardless of the outcome of this trial the Citizens of Dearborn County will be the losers.  If Mr. Brewington is convicted we will all be on notice that there are no limits to what we may suffer at the hands of our local justice system and those who operate it as if the Bill of Rights never existed.  Open your mouth or get out of line, crime or no crime, and you can expect to spend six months in jail, even without a trial.  If Mr. Brewington is convicted, given that the charges are almost completely baseless and his defense has been utterly incompetent, it will almost certainly be overturned on appeal, meaning all of our tax dollars spent on this pointless personal vendetta will have been wasted.  Additionally, if the prosecution fails it will further bolster the Civil Rights suit Mr Brewington has filed against these individuals.  It is a suit he will almost certainly win.  We the tax payers of Dearborn County will bear that financial burden.  We will deserve the cost of the judgment he will be awarded for having failed to make clear to our elected officials in the justice system that this sort of abuse of their authority is unacceptable in the first place.

As a former commissioner used to like to quote:
The penalty good men pay for indifference to public affairs is to be ruled by evil men.   -Plato

A. Dearborn Citizen