Wednesday, November 23, 2011

22 November 2011 Dearborn County Council Meeting Notes

22 November 2011 Dearborn County Council Meeting Notes

Present: Dennis Kraus. Sr., President, Dan Lansing, Jim Hughes, Liz Morris, Maynard Barrett, Bryan Messmore, and Bill Ullrich.

Also present: Gayle Pennington, Auditor and Bill Ewbank, County Coordinator

The meeting began at 6:30 PM

County General, Bail, and Pretrial Amount Requested-Superior Court II—Sally Blankenship- Public Defender fees required due to economy- $7500 because several of the cases have gone to trial which increases fees. $3,000 from part time salaries to Public Defender fees and $4,500 from bail and pre-trial budget. Council approved.

County General Probation users Fees- Sally Blankenshup –This is for a computer server and needed Parts - $10,828 for probation and courts. It’s slow. Because it serves probation- $7,000 would come from user fees. $ 3828 from county general. Council approved.

County General Riverboat-Prosecutor-Aaron Negangard- Funds needed for transcripts, depositions, etc. due to major felonies-$10,000. $6,000 is already spent of this request. The remainder will get them thru the rest of the year. Depositions are the sworn statements of witnesses. Greateramount needed because more cases are going to trial. Liz Morris said $25,000 was budgeted in 2010 and $20,000 allotted for 2011. So they are about $5,000 over 2010 budget with this total. Council approved.

Planning and Zoning:- Mark McCormack- Planning Director- Four computer tablets - $2,000- this is for highway, building inspectors, health, and planning. Only need $1500 of this – health dept has one already. Council approved $1500. The also need to replace three computer towers and one monitor- $2,180- to replace ones that have burned out or have needed extensive repairs or have software issues. They need units that can handle the GIS etc. Council approved.

Dearborn County Jail-
Mike Kreinhop - Funds needed to cover remaining 2011 holidays- $20,000 to cover 3 upcoming holidays. Three employees were off over 3000 hours and two have been dismissed after using up all their leave time. One is back to work. $60,800 were their total salaries. One inmate at the hospital for a week required overtime for one officer at the hospital 24/7. Bill Ullrich said that money left on the road side of the sheriff’s dept can’t be transferred for this jail side per SBOA. There is a surplus on the road side. Lansing questioned how they pay for replacements. Budget time they asked for more money to hire for the jail. Any replacement for them was at time and a half for two of the employees. It takes 5 employees to cover the jail as a skeleton crew. Sheriff said they could get by with $17,000 instead of $20,000. Ullrich voted Nay on this- 5 voted aye- passed. ( No reason given for nay) [NOTE: Ullrich is an employee of the sheriff’s dept.]

Ken McAllister- asked for funds to replace the canine who has cancer. They paid $10,000 in 2008 for that dog. The price is the same now except for the classes and the 5 week stay there to train the new canine. He has some grant opportunities thru CASA for $7500 ( will know in Jan) and $225 in donations so far. Maynard Barrett said HVL said a gentleman there would match up to $7500. McAllister said they are working on trying to set up a 401c3 to do this. Ullrich said that total $14,370 is needed to get things started as they have to put the current canine down. Schools and demos – the canine dog goes with him. Gayle Pennington said this was not advertised so will have to be on Dec agenda. (Dec 20th) He may have more money by that time as well- or even by Jan 14th meeting. April 30th date is his target to go off to school for 5 weeks. County is willing to take a look at this. No decision.

Health Department- Doug Baer- Vehicle to transport two health emergency trailers- $35,000- readvertised from last meeting. If you table this- I’m looking at other options within the county to solve it. Tabled.

Regional Sewer District-Steve Renihan- Additional funding request for contingency Fund set up for Sewer District- $18,500. Tabled until the end of the meeting, in case he shows up. At meeting’s end- Vera Benning couldn’t answer what this was for to Council’s satisfaction. Remained tabled.

Communications- Charles Ashley- Repair transmitter that was struck by lightning- $5,500- damaged in early summer on Henderson Road. $7283 with $2200 paid by insurance after deductible. $5500 is the deductible. Council approved.

Circuit Court Probation-Stephen Bradley-Needing additional appropriation in paying cost of drug treating- $3,000- Pennington read his letter into the record. He is asking to transfer from the part time employee account to this account. He is asking just for a transfer to drug testing. Council approved.

Commissioners- Bill Ewbank- Complete renovations on Hoosier Square Building, Courthouse, and Administration Building - $650,000. Ewbank gave report on Hoosier Square, Votaw, and Shumway Bldgs. This is the estimated soft costs of all the proposed plans. He has scaled back his requests to just complete Hoosier Square. He will come back for the rest later. He’s asking for $80,000. $1.5 million will cover all the property acquisitions, renovations etc. This affects 13 county agencies. This also relocates agencies with similar functions. If we do everything I asked for it will come in at $2.1 million. This is being done in steps to work with the architect at each stage. Hope to start Monday and be done March 1 on Hoosier Square. Barrett noticed the parking lot is still flooding at Hoosier Square. The parking lot was excavated below the water table there. With the unique rains this year- can solve it with a pump. $80,000 approved for Hoosier Square. Approved out of Contingency.

Highway Department -Todd Listerman- Encumber funds for Short Road bridge as couldn’t complete this year. Approved.
Projects funded up front by county and reimbursed after completion Stateline Rd slip repair- $225,000 this is 80/20. We get 80% reimbursed on this. This should come out of the infrastructure account. INDOT has approved this already. This was not advertised as it was already allowed thru the infrastructure fund approval . Approved.
Hogan Hill- $155,000- and West Laughery- $ 165,000- hold on this until FEMA approves.

Clerk Perpetuation Fund- Phil Weaver-Clerk of Courts- Funds needed to manage and maintain records of the court- $17,407. This fund has about $26-29,000 per year. Already has $6,000 in budget so only needs $11,407 for equipment from 2008. They have been going around on it and he owes it. This is an old bill. Council approved.

PAWS-Sandy Carley-Resolution signed by Commissioners in August 2008. Paws is asking for the remaining balance of the 97 account of $121,000 to be turned over to PAWS. Discussion about where this money came from. Approved with leaving $100 in it to keep it open for future gifts at Liz Morris’s suggestion.

Cardinal Office Products- Randy Foley-not here??

Treasurer- Barb Kaffenberger- raises and title changes for employees in that office- after meeting with them in committee Dennis Kraus, Sr. said they are giving an unfavorable recommendation to their request. Request denied by Council.

Park Board- Steve Walker- Ordinance- Kraus said he didn’t like this ordinance at all and doesn’t want it approved. Walker said it was looked over by auditor and county attorney. They added a 30 day deposit per SBOA rules. Disbursed and surplus property were singled out by Kraus. Why can’t Park Board operates like others? Walker said this is a way to put money we raise separate. It’s not intended for any major transactions. Gayle said we have capital improvement fund and land acquisitions that are non- reverting. Capital improvements from 2010 has $21,250. They could also put money in these accounts. Messmore said the concern was that they needed to have oversight on the funds. Denied the operating fund for the park board.


Kraus said he doesn’t see why they should change it.

Lansing asked when money came in first- answer- 1998. Thirteen years we have been doing this with this rule said Lansing. Ullrich was there in 1998 also. Lansing said my father thought enough to do this back then. Why now?

Messmore said back then we wanted to protect it for projects like this.

Ullrich said this was a safety mechanism as we didn’t know how big the pot might be. One vote could grind a project to a halt.

Jim Hughes said- if you put it in with 7 votes- how can you take it out with less? Answer: Not sure it was even an ordinance. [NOTE: why haven’t they gotten the original minutes on this discussion? I was present at budget when this was originally discussed abck when the Riverboat accounts were first set up. There were many of these same questions raised and answered. Bo Lansing went to Florida in the winters and they worried that he wouldn’t be present if an emergency occurred. Discussion was that if it was that big a deal, he would come back for it. And they were united on not spending it for anything but a capital one-time expense. They also were united in wanting it to be a consensus- noting that if all of them agreed to it- them it was more likely they were representing the wishes of the taxpayers. If there were areas of disagreement or a person was voting nay- it was likely that some needs were not being met by the project and they wouldn’t proceed. This was a Council that worked together. And they knew there would be times in the future that people would want to raid that money. They wanted it to be spent wisely.
Now it seems like two of the checks and balances built into this system of capital projects to protect taxpayers are being bypassed. The first is a referendum- being bypassed by breaking the project into parts. The first part is estimated at about $9 million and does not include the work release expansion. This will be asked for afterwards because it is an easier sell. The law needs to be addressed as to legality on phasing projects to avoid referendum. The RQAW project sheets have disclaimers on them in a few places noting that this plan does not address the full needs of the county at the 20 year level. The second is the unanimous vote to use Riverboat SAVINGS (and thus deplete it by more than half.) id Council does not want to pitch this project to the taxpayers, then they should at least assure that the taxpayers are likely to agree to it by showing a vote that is unanimous or at least a supermajority should they elect to change the unanimous rule.]

Kraus said it was written on every budget- that this account takes 7 votes to take it out. Kraus said if it does get changed you have to be specific about what this gets spent for.

Lansing- we hit a brick wall so now we try to do this?

Liz said she never considered she was binding herself to that rule by passing the budget. She said a previous Council can’t bind a future Council by a rule like this. [NOTE: This makes no sense as Council bound future Councils when they approved debt to finance the Courthouse. This rule can be changed by future Council’s. But it was intended to make it hard to do that.] Morris said,if one can turn it down- a lot of power in one person’s pocket. What if someone had an interest in it and had to abstain?

Lansing said- maybe that’s why that money has accumulated to that amount- no one touches it easily.

Tom Cheek- taxpayer (also former county councilman) a lot of people don’t realize we had savings beyond the RR we spend in 146 and 147. New casinos in OHIO will affect us by maybe 25-30%. He thinks this should be publicized and let everyone know what is going on. Why build it if it’s not going to meet your needs? Bridges in the county need replacing- and we are taking money from these projects when we use this money for the jail. We will take over half that savings account. Do the bond issue as Messmore was talking about. If we run into more emergencies down the road- we will have no means to address them. If someone is not here- we would wait- it’s important enough.

Chris Schwab- as a young man raised here. There has been very limited changes in how our justice system operates. Officers show up and arrest everyone- and I personally heard them say- let the judge figure it out. You can do citations etc. We like the idea. I landed in the middle of this process at age 19. (14 years ago) I made a decision to seek help elsewhere- got help for OCD and depression. 40% of jail population is probation violations due mostly to drug testing positive. Rebuilding requires rehabilitation not reincarceration. We need to spend this money for rehab, recovery, and education for our youth. As law enforcement cracks down on prescription drugs- the users go over to Cincinnati to get heroin. $80 for a presc. Pill, they now spend $20 for heroin of varying purity. An addition is not the answer. Locking up more citizens is not the answer. We need to rebuild lives- not destroy them. We need direction- not diversion.

Aaron Negangard- When I was in Council earlier in this decade- we knew then that our jail in 2000 or 2001… this was an opportunity to save money for debt in the future. You guys are here to determine what is best for the community. This 7 vote thing- they question legally is whether supermajority is allowed. Legislation says simple majority approves expenditures. Recommends they get legal advice before they vote on this. [ NOTE: State laws are the minimum standard and local laws cannot be made less stringent than the state- but it can be made more stringent. Negangard seems to imply that unanimous or supermajority votes are illegal. ] He said he spoke to Mr. Schwab one night late at night and was worried at first about how that would go as they were on opposite sides at that time. He has dialogued with him since. Our judges and sheriffs have worked hard to control this opiate situation. When they run out of funds to get drugs they will steal form family even. It takes 40 years for an opiate addict’s brain chemistry to return to normal! Jail chemical addiction program started by Judge Cleary and Blankenship is starting to work. Can’t put any more than 16 in these programs- no room. Also work release is running out of room. If it isn’t going to help with this, then don’t support it. Our probation dept says you shall not do drugs. And 15-20 a week test positive. [NOTE: Do the math- only 16 are in the program- and they stay much longer than a week- and 15-20 test positive every week on probation. If ever there was a mandate to get to the ROOT of the problem- this is it.] If they don’t take the help we’re providing, they are sent off to prison. These people are capable of being dangerous. Negangard said even non- violent offenders can become dangerous. Cited Franklin and Decatur County cases. Cincinnati violence is not here because of the diligence of our officers, judges etc. I don’t even know if this project will do the job. We don’t need to close the doors to any avenue for funding. You guys have put public safety first. That is what we need – your help to keep Dearborn County safe.

Stephanie Libbert- taxpayer and RN. (also former candidate for Greendale mayor) I push morphine daily for patients. Codeine, morphine, heroin is the hierarchy of the drug. Heroin was given to the military in WWI. Bayer co made it. 80 % of people in jails are there for possession. Victimless crimes- example- a kid with 2 joints isn’t hurting anyone but himself. Programs where pharmacists and nurses come to school to teach kids about these things are needed. If they kill someone- be in jail- but some of these others should be treated as patients. Prohibition didn’t work. 2.5 million people use illicit drugs in this country. We can’t jail them all. She had an addict bilateral arm amputee from gangrene from shooting up drugs. CATO institute has studies showing that criminalizing drugs doesn’t work. Alcohol kills more people than drugs combined. And it’s legal. Why are we blowing all this money on a jail, when the boats are coming to Ohio. We have to be smart about how we spend taxpayer money. Just as the saying goes, if you build it, they will come, well- If you build it- they will fill it. Please vote no on this.

Tom Orschell-
County Commissioner- I headed up jail task force. I learned a lot about the jail. I have a list of 236 people incarcerated there. 88% felonies etc. There is space in this project for some of these programs.

Council voted to get a professional opinion from county attorney on the unanimous voting process. [NOTE: Let’s see if he invokes Home Rule on this one.]

Jim Hughes said he’d like to see more rehab than incarceration. He wants to see the people vote on it. One election would cost $40-50,000. If you put it on a regular election- cost is not there.

Lansing said- town meetings where Aaron Negangard, Mike Kreinhop and the judge could talk. I was asked during a Fed-ex delivery and a guy asked why he didn’t have any info on this.

Chris Schwab talked more about how education is the key to keeping kids away from this.

Ullrich said he’s seen this from both sides. He said if we can expand the case, we can expand the programs. Families and parenting are the way to fight drug issues. Getting people off methadone in the jail. Would rather take care of them here than ship them off to another county. [NOTE: Ullrich works for the sheriff dept.]

Kraus said this has been going on for years. We keep putting this jail off. Fund or not fund.

Liz Morris said on the task force she has come to understand the need for expansion. Standard is that 85% capacity is best to be able to put inmates in appropriate areas. $2million of this price tag is for rehabbing the current jail spaces. Twelve men in work release now- with expansion that can go to 48. (but that is in a later phase of this plan) People in the J-cap programs are grateful to be there. The current jail was built as a result of a lawsuit-ordered by a judge. We need to take care of it on our terms, said Morris.

Messmore- the good thing is that we are talking about the same solutions. How we get it funded – I guess we’ll work it out. We have tried to consider how to get additional counseling etc. We need to not polarize this and use this for other issues. It’s full, the people belong there. If you let 50 people out you’d have people who would cause problems in the community. Not trying to scare you. Maybe we should allocate funds to hire a general contractor to get some bid specs and get bids. Maybe we can bid out a couple more options. [NOTE: Why are we depending on the people involved in design and build to tell us what we need? That’s an inherent conflict of interest. Why have our elected officials and staff not produced the numbers and argument for this jail expansion? How do we relate to other counties with methadone clinics and casinos in relation to percentage jailed on felonies? The numbers are available- and it is clear that of the counties with one or both of these factors present only Wayne County and Ohio County have a higher per capita incarceration rate on D felonies than we do. (Richmond’s meth clinic and I-70 drug corridor are in Wayne County.) We need to look at improving our efficiencies and measuring our effectiveness.]

Kraus said we can vote if we are going to fund it or not and then later vote how we will fund it.

Jim Hughes-motioned to go for referendum with RQAW’s proposal. Lansing 2nd. Two ayes.( Hughes and Lansing) Motion fails.

Liz motions to approve the Commissioners’ actions for funding the jail somehow with RQAW plans. Ullrich 2nd- Messmore asked about who would select the architect? Liz said she wanted them to use RQAW’s with Messmore’s amendment to put it out to bid to improve pricing. 4 ayes 2 nays.(nay- Lansing and Hughes; Kraus did not vote) Passed. [NOTE: Motion 2nded and voted on by Ullrich- an employee of the sheriff’s dept.]

Actual method of funding discussion goes to Dec 20th meeting.

Auditor- Gayle Pennington- had two ordinances with fee schedules that commissioners passed and council needed to sign off. Approved.

Liz Morris talked about 911 fees on cell phones and how these are going to be set up in the future. AIC has asked counties to sign on in support of their position on this. It’s a resolution they can look at for their Dec meeting.

Gayle Pennington also had $500 for two advanced EMT classes and Margaret Mary Hospital to have Kraus sign off. Passed.

Minutes approved for Oct 25th.

Tom Cheek – gave them info on sewer board regarding the Huseman Road sewer project. Contractor is owner of Gabbard estates also. He wants to get a 6 “ line and he will have to flush the line periodically.

Meeting adjourned at 9:10 PM

Christine Brauer Mueller
Lawrenceburg Township

Tuesday, November 22, 2011

Prosecutor Aaron Negangard Defends Jail Expansion Project

Prosecutor Aaron Negangard Defends Jail Expansion

The time has come to set the record straight with regard to the local criminal justice system. The Dearborn County Law Enforcement was built in 1991. Dearborn County has been forever changed since that time. In the 1990's, we saw the advent of riverboat gaming, the largest methadone clinic in the entire nation moved in Greendale and we experienced significant population growth. These factors along with the recent influx of heroin in our community has brought significant demands to our criminal justice system. We are no longer a community where we can leave our doors unlocked.

In June of this year, Douglas Garner and Democrat candidate for Superior Court Judge, Alan Miller wrote a letter citing that 45% of the people being held in jail were on misdemeanor charges. They cited the RQAW study to support this statistic. However, the RQAW study statistic was referring to the type of charges processed through the jail for the entire year not at any one time. The actual data from the Dearborn County Sheriff's Department shows that approximately 85% of the inmates are being held on felony charges. In fact, around the time they wrote their letter on June 29, 2011 of the 220 inmates being held in jail,188 were being held on felonies. This means that either Garner and Miller do not understand the problem or are intentionally trying to mislead the public. In any case, they have not stated the truth. The truth that our jail is being used to protect the public from dangerous individuals, who are charged with attempted murder, child molesting, rape, drug dealing, robbery, burglary, forgery, and theft.

Many of the people in our jail committed crimes to help pay for drugs. These people are potentially very dangerous. Early this year in Decatur county a mother tortured her 12 year old son to death because he wouldn't tell her where he hid her drugs. He had hidden the drugs because he didn't like how mom acted on her drugs. In Franklin County, a family and their neighbor were brutally murdered because of drugs. A two year old little girl was left to wander the carnage where her mother laid dead. This is the power drugs has over people and the lengths they will go to get them.

Simply putting these people on work release or in-home incarceration is not enough. The northern part of Dearborn County was terrorized early this year by an individual who had failed to return to work release in Nebraska. These programs are being used significantly but it is important to make sure these individuals are appropriate for these programs before placing them on in-home incarceration or work release.

Recently the law firm of Zerbe, Garner, Miller and Blondell has submitted another letter demonstrating their failure to grasp these issues. The recent correspondence suggests that we are just locking up and throwing away the key on these individuals. Nothing could be further from the truth.

Our community is dealing with an epidemic of opiate abuse. High school students have access to heroin. It should be noted that it takes an opiate addict 40 years before his brain chemistry returns to normal. To deal with this crisis Judge Sally Blankenship with the cooperation of other elected officials started the Jail Chemical Addiction Program (JCAP). This allows opiate addicts to receive counselling while they are incarcerated in our local jail. This helps to put these individuals on the right course before they are back in society. I personally have spoke to many of these individuals and am always impressed at how far they have come. Without Judge Blankenship's leadership on this issue JCAP would not exist. One of the reasons to increase the capacity of the jail is to expand this program. Due to space constraints the number of people who can participate in this program at any one time is 16. This is not enough to meet the demand.

Judge Cleary and Judge Blankenship have worked together to start a problem solving court called the ACC court which focuses on treatment. Judge Humphrey has been instrumental in starting an adult intensive probation program as an alternative to incarceration. That being said, if these individuals do not follow the rules of the program or otherwise fail the program, then jail is the only alternative left.

Many people in jail are in jail for probation violations. In fact, approximately 40% of the jail population is being held on probation violations. These are people who have been given a break and failed to follow the rules. Most of the probation violations are failed drug tests. Many of these people have failed multiple times. If someone cannot follow the law they need to be held accountable for their failure to obey the law.

The fact is that jail is operating above capacity and we need to increase it's capacity. We could simply not arrest or incarcerate people who commit crimes. We should catch and release fish, not criminals. It is no coincidence that in the 1990's when States started increasing penalties on habitual offenders that violent crime started to fall. Nationwide incarceration rates are high but the violent crime rate is low. The facts prove when you lock up criminals, crime goes down!

Our elected officials have foreseen this need and that is why years ago we started saving money to expand our jail. Our elected officials should move forward with the jail expansion only if it is done economically and without raising taxes. They need to be certain we get the most out of every dollar we spend. This can be done. Garner and Miller have suggested that this jail expansion will cost each resident of Dearborn County $26 a year. I believe this cost estimate is an exaggeration, but who would not be willing to protect themselves and their family for the cost of a dinner at Frisch's.

The fact is our law enforcement officers, jail officers, probation officers, Judges and all those who work in our criminal justice system are doing everything they can to keep Dearborn County a safe place to live. The public safety of the citizens of this County should never be compromised. Certain criminal defense attorneys may be willing to compromise public safety by not telling the public the truth. However, it is the job of the elected officials of this County to make decisions that will keep Dearborn County and it's citizens safe. They have done so and I believe they will continue to make the right decisions to protect our families.

Aaron Negangard

Prosecuting Attorney for Dearborn and Ohio Counties

Monday, November 21, 2011

Agenda Council Nov 22nd Meeting


Tuesday, Nov. 22, 2011

6:30 p.m., Commissioners Room

County Administration Building

215 B West High Street, Lawrenceburg, Indiana



III. SUPERIOR COURT II – Judge Sally Blankenship

IV. PROSECUTOR – Aaron Negangard


VI. SHERIFF / JAIL – Mike Kreinhop & Ken McAllister

Funding commitment

Amendment for signatures





XI. COMMISSIONERS – William Ewbank

XII. HIGHWAY – Todd Listerman

XIII. CLERK OF COURTS – Phillip Weaver

XIV. PAWS - Sandy Carley


XVI. TREASURER – Barb Kaffenberger



XIX. PARK BOARD - Ordinance

XX. AUDITOR – Gayle Pennington


Thursday, November 17, 2011

County Officials' Refusal to Consider Alternatives Will Cost Taxpayers

County Officials' Refusal to Consider Alternatives Will Cost Taxpayers

by Douglas Garner
Zerbe Garner Miller & Blondell, LLP

The jail expansion plan has been approved by the County Commissioners and is set to be voted on by County Council on November 22nd at 6:30 p.m. It will cost county taxpayers at least eight million dollars to build and millions more to operate. The jail expansion is a direct result of the Prosecutor’s and Judges’ failure to change policies that caused the jail overcrowding dilemma. They would rather throw county taxpayers’ money at the problem and lock more people up than admit current strategies are not working and seek new solutions.

Less expensive and more effective alternatives to incarceration are underutilized by our Prosecutor and Judges. The primary response over the past 20 years has been to lock offenders up, both pretrial and after conviction. Dearborn and Ohio Counties share a prosecutor and a judge and are leaders in Indiana in sending people to the Department of Corrections (DOC). Dearborn County and Ohio County are 6th and 3rd respectively out of 92 counties in sending people to the DOC for low-level (Class D) felony convictions. With more jail space, more people will be held in jail longer locally.

Holding offenders in jail and sending them to the DOC for short periods of time is ineffective in preventing future crime, wastes money and ruins lives. “Lock them up and throw away the key” might be a popular campaign slogan, but it does not protect our community. The maximum sentence for a D Felony is three years. It is often served in 1 ½ years with good time credit. This means D Felony offenders will be released and be back in our community in a short period of time. Contrary to local thinking, “a taste of prison” is not helpful in reducing recidivism. Sending offenders to prison for a few months does not increase the chances they will stay out of trouble. It does the opposite. Over
67% of prison inmates reoffend within three years of release. Appropriate treatment reduces recidivism by more than 30% over those receiving no treatment.

A felony conviction and no treatment increases the likelihood an offender will be involved in new criminal behavior. If our county officials were truly concerned about protecting the community from crime, they would be proposing spending more money on appropriate treatment for low level offenders. Eight million dollars in building costs and likely over one million per year in operating costs for an expanded jail would fund a lot of treatment.

Since 1980, the number of incarcerated Americans has quadrupled. We have the highest documented incarceration rate in the world at 754 per 100,000 people. Albert Einstein reportedly said, “Insanity: doing the same thing over and over again and expecting different results.” It is time to try something different in Dearborn County.
Douglas Garner

Tuesday, November 15, 2011

15 November 2011 Dearborn County Commissioners Meeting Notes

15 November 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 Freedom for Options Form – tabled for Baudendistel to meet with McCormack. Hughes asked to be with them at this meeting to be sure his ideas are understood. Orschell thought McGill should be present as he’s Planning attorney. Baudendistel agreed as he seeks help from McGill when he has questions on Planning.

Recorder’s Office- Redaction Services and Support Agreement- every document we get in is redacted. He contacted CSI- $4095/year and a four year one with an out of $2925 (one year) paid. This is funded thru fees from the recorder’s office. $2925/year is the amount if they do the four year contract- a big savings. Commissioners approved the four year contract.

Sheriff’s Dept Medical Fee Schedule Signature- Baudendistel prepared the ordinance that amends the inmate handbook. This amends the sick call request form. Commissioners approved Ordinance 2011-015. Pennington will present this to Council at their meeting Nov 22 at 6;30 PM


Mark McCormack- Planning Commission:

Request to Vacate Candlewood Court in Harvest Ridge Estates- At the Oct 24 PC meeting there was a unanimous favorable recommendation. Maxwell petitioned to vacate the small street (155 feet)so they could replat. They will replace it with a private common driveway that the county does NOT maintain. No one has objected to date. All property surrounding this belong to Maxwell. Commissioners approved the vacation as it does not limit access to property. They signed the ordinance 2011-016 as prepared by Baudendistel.

Proposed Amendments to Article 2, Sections 280 and 282 of the Subdivision Control Ordinance- McCormack stated that the PC unanimously gave a favorable recommendation to this. He explained that these were changed to match the states new code revisions. No one spoke out against this at the PC meeting. If all property owners are in agreement that it’s OK to vacate, they don’t have to have a hearing- they can just file a written instrument doing this. This will save applicants an extra step and money and time in some cases. Commissioners can send items to PC for review if they want to get their recommendation. We want certified surveys as part of these in addition to the requirements of state code. It makes sense in some areas with ROW and other public ways involved. The person wanting to make the change is responsible for the fees. Costs are about $150 plus meeting costs. Commissioners approved ordinance 2011-017 and 2011-018 for the amendments to Article 2 Sections 280 and 282.

Proposed Amendments to Article 22 Section 2245 of the Zoning Ordinance –PC unanimously passed a favorable recommendation to entirely repeal that section on parking lot landscaping requirements. Other ordinances cover drainage issues, etc. Exterior plantings and bufferyards are still required. The applicant can still put landscape in parking areas on their own if they desire. Commissioners approved Ordinance 2011-019 to remove article 22 Section 2245 from the Zoning Ordinance.

McCormack said they will be bringing more revisions due to the state law changes in the future. He will email to Baudendistel as their offices have moved.

County Administrator’s Position- County Coordinator position not funded by Council- this is now a newly funded position in the 2012 budget. They will post the position and HR- Suellen Cauble will help with the interview process. Some positions get a team interview. They will go over the old Administrator’s job description. Commissioners make the final decision. McHenry wanted to make it clear that this was not an attack on Bill but we have to follow the policy on filling a new position. Orschell concurred. They will schedule an executive session for this.

Ratify Life Time Housing Payroll Authorization Letter- This was time sensitive so Hughes signed. McHenry said they should have sent someone to answer questions about this. They don’t know much about this. They refused to ratify until Life Time comes in. Tabled.

HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer was absent so Tim Grieve, Highway Supervisor, presented.

Hired truck drivers- most have CDLs- still looking for the 5th driver. McHenry asked for the names of those new hires.

They had a round table discussion at HVL per Orschell- and they asked if they could share some of our paving contract prices, fuel, and salt. They could participate in the INDOT contract for salt like we do- unless there is some issue with their lack of incorporation. Orschell said we could still do the fuel, asphalt, and paving. Grieve will research that for legalities. Grieve asked how much asphalt they use. They could maybe get the contractors to smile on them for the prices on the paving issues etc. Salt would not work as they are not a public entity. Grieve thought the best thing would be for him to talk to our vendors. He thought the cities should consider this as well. Some towns like to be their own player.

AUDITOR: Gayle Pennington- presented that Dr Steven Eliason ( sp?) will continue on. Commissioners reappointed Eliason to the Board of Health. The appointment can be reaffirmed at the first Jan 2012 meeting per Baudendistel.

Nov 1 meeting minutes- McHenry wanted his motion on the jail expansion to be typed out verbatim. Tabled for Gayle to do that. Claims were approved.

ATTORNEY: Andy Baudendistel-Margaret Minzner with GIS forwarded an agreement for Wolpert, Inc. to perform orthophotography for the county. They fly the county in February. Hughes is impressed with the IT capabilities of the GIS system. Cost of the contract is shared with OKI and pledges of support to council and towns, cities, conservancy district. Each will pay in something. Orthophotography is turned on now per Pennington. Commissioners approved the contract for $ 41,293.31


Appointment of American Disability Acts Coordinator- Federal Hwy funds depend on our compliance with this ADA act. There are a number of steps and milestones that must be met. Several have to be accomplished by Dec 31st. they are revisiting this to get to 1996 level of compliance. Bill Ewbank (the County Coordinator/Administrator) will be the ADA Coordinator. Costs will include doorknobs at $150-200 each lever lockset. Hoosier Square to get entrance ADA accessible. Parks, roads, crosswalks, etc. will be addressed. Grants may be available for some of this. First we need to get our laundry list together to see what we need to do. Historical structures may be exempt if ADA would destroy historical value. Sight, hearing etc are also needing to be considered.

Request to go to Council – Additional Appropriation for Hoosier Square and Courthouse Renovations and Adm Bldg. – requesting $655,000 additional. They are going to try to bring this budget down, line by line. They have some major work to get space for Superior 2. They can fund Hoosier Square first and then do the Courthouse 2nd. Because the number is high they know they have to phase it. The original costs of all this would have been $6million- now if we get it all done- it will be less than $2 million including Votaw space etc. Commissioners approved Ewbank going to council.

Approve Consulting Agreement with Kroger Consulting & Dearborn County Foundation - DCF- enable IT- trying to get broadband to all of Dearborn County. Partners are all schools, hospital, municipalities, and HVL. Hughes asked to include Workforce One. No cost to us- just want us to enthusiastically support it. Commissioners signed.

Ewbank asked to develop a procedure to dispose of surplus vehicles. He has been getting a lot of requests from other entities. He wants to keep county agencies as first pick. 2nd pick could be municipal fire depts. and EMS and maybe last go to private not for profit organizations. Pennington said SBOA would want some procedures in place. Orschell said Sue had copies of titles of vehicles we no longer have- that may be at HVL. Bill to develop a procedure and email to Baudendistel to look over. This has to be available for audit by SBOA.

Pennington is getting ready to purchase a new recording system effective Jan 1st. This will have a written and audio version to be ADA compliant. You can click on these on the county website soon.

Health Sept has a video conferencing set up so the county can use that if needed.

Sue Hayden has placed all board members due for appointment Jan 1st.




Meeting adjourned at 10:25 AM

Christine Brauer Mueller
Lawrenceburg Township

Friday, November 11, 2011

Veteran's Day 11-11-11

On Veterans Day we thank those who have served in the military during times of war and peace, especially our own Dearborn County veterans.

This nation will remain the land of the free only so long as it is the home of the brave.
-- Elmer Davis

I think there is one higher office than president and I would call that patriot.
-- Gary Hart

In war, there are no unwounded soldiers.
-- José Narosky

We sleep safely in our beds because rough men stand ready in the night to visit violence on those who would do us harm.
-- George Orwell

The more we sweat in peace, the less we bleed in war.
-- Vijaya Lakshmi Pandit

Courage is almost a contradiction in terms. It means a strong desire to live taking the form of readiness to die.
-- G.K. Chesterton

In the beginning of a change, the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot.
-- Mark Twain

History does not long entrust the care of freedom to the weak or the timid.
-- General Dwight D. Eisenhower

Freedom is never free.
-- Author Unknown

Thursday, November 10, 2011

Agenda for Nov 15th Commissioners Meeting

November 15, 2011
9:00 a.m.
City of Lawrenceburg
Administration Building
230 Walnut Street, Lawrenceburg, Indiana



1. Private Real Property Rights Preservation Ordinance
Freedom for Options Form
2. Recorder’s – Redaction Services & Support Agreement
3. Sign off on Sheriff Department Medical Fee Schedule

1. Mark McCormack – Plan Commission
a. Request to Vacate Candlewood Court in Harvest Ridge Estates
b. Proposed Amendments to Article 2, Sections 280 & 282 of Subdivision Control Ordinance
c. Proposed Amendments to Article 22, Section 2245 of Zoning Ordinance
2. County Administrator’s Position
County Coordinator position not funded per Council
3. Ratify Life Time Housing Payroll Authorization Letter


VI. AUDITOR – Gayle Pennington
1. Claims/Minutes

VII. ATTORNEY - Andy Baudendistel

1. Appointment of American Disability Acts Coordinator
2. Request to go to Council
Additional Appropriation for Hoosier Square and Courthouse Renovations
3. Approve Consulting Agreement with Kroger Consulting & DCF





Monday, November 07, 2011

Joseph McCaleb Letter from Brewington Sentencing HearingTranscribed


Re: Dan Brewington

Mr. Negangard,

I am currently a cellmate of Dan Brewington, whom I assume you are familiar with. Mr. Brewington is always discussing his case. However, two days ago he received transcripts of his grand jury hearing. Based upon what he’s been telling me and what I’ve read in the transcripts, this guy needs help.

I understand how he’s frustrated because he truly believes he has done no wrong but some of the threats he made against Judge Humphrey and yourself are more than just frustration. They are so detailed and thoughtout that I really believe that he may act upon them. For example, he has told me a fantasy about following Judge Humphrey home from work, kidnapping him with the .357 he was ordered to hand over to his ex-wife, shooting him and using concrete to dispose of him in the Ohio River. It’s not so much the fantasy of doing such, but it’s moreso the well thoughtout step by step details he gave that alarmed me.

Moreover, he has admitted stalking Dr. Connor by driving past his house, his plans to picket his home and business with signs proclaiming him to be a criminal and unfaithful to his wife and admitted he knew Ms. Humphrey was the wife of Judge Humphrey when he post their address.

I would appreciate it if you would keep this confidential. From what most I have heard from the people here (mostly Brewington), you are crooked and dirty, only out for yourself. I don’t take these opinions too seriously considering the sources so I have faith that you will honor this request.

If you need to speak to me regarding this I will be more than happy to do so. I do not ask for anything in return other than keeping this to yourself for now.


Joseph McCaleb

Brewington Voluntarily Dismisses Federal Lawsuit Without Prejudice Today

Note: Dismissal Without Prejudice does not preclude filing the suit at a later date.

Plaintiff :
-vs.- :
Defendants :


Now comes the Plaintiff, by and through undersigned counsel, and hereby dismisses his
complaint in the within cause of action without prejudice at Plaintiff’s costs.

/s/ Robert G. Kelly
Robert G. Kelly (0002167)
Trial Counsel for Plaintiff
4353 Montgomery Road
Norwood, Ohio 45212
(513) 531-3636
(513) 531-0135 Fax
Email address:

I hereby certify that on November 7, 2011, a copy of the foregoing motion with signature was filed electronically. Notice of this filing will be sent to the following parties by operation of the Court’s electronic filing system. Parties may access this filing through the Court’s system.

Cory C. Voight
Deputy Attorney General

Michael E. Brown, Esq.
Kightlinger & Gray
Case 1:11-cv-01144-SEB-DML Document 39 Filed 11/07/11 Page 1 of 2 PageID #: 169

Liberty L. Roberts, Esq.
Collier Magar & Roberts

Karen R. Goodwell, Esq.
Richard L. Mattox, Esq.
Mattox & Wilson LLP

Jason J. Pattison, Esq.
Jenner, Auxier & Pattison, LLP

/s/ Robert G. Kelly
Robert G. Kelly (0002167)

Tuesday, November 01, 2011

1 November 2011 Dearborn County Commissioners Meeting Notes

1 November 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.

Register Publications covered the meeting.


Private Real property Rights Preservation Ordinance- Hughes wants an Addendum to Future Land use Plan Exemptions for all private property owners who request it. Hughes went back thru land use plan and said it wasn’t going to be regulatory. Doesn’t want special interests group to determine what someone can do with their land. Orschell said – it’s an advisory tool- and it should be discussed in Planning and Zoning. Hughes thinks commissioners should LEAD that process. Hughes wants to have Baudendistel to research it to exempt property owner from the land use plan. Orschell has a problem with exemptions. McHenry said he sees a use for regulations and also wants people to be able to use their land for whatever in reason. Hughes calls the master plan an arbitrary plan made up by special interests. He cited an individual asking someone to be taken off the master plan committee when they didn’t do what he thought was right. Hughes doesn’t want government standing in anyone’s way, if they use all their creative genius to kick start the economy with a business for example. Baudendistel is to look to draw up an addendum that make sure the future land use map is not a regulatory map and doesn’t get in the way of developing property if someone wants to. It will go to plan commission for discussion.

Revised Jail Expansion Project- Mark of RQAW and Joe Mrak were present to go over the history of the justice center and current plan. April 10, 2010 meeting- Purchase Hoosier Square and add to the jail were the 2 items that came from that meeting. RQAW was contracted to plan for this in the master plan for the justice system housing. There were a series of presentations over the next year to construct 250 more beds that included a component of work-release housing. It became known before June 2011 that we might not be able to afford this. They eliminated the work release housing from the plan, knowing that it might be able to be done later. Even with that 50 bed elimination it was thought to be too expensive. They went back to the table- now on revision 2 on the preliminary design phase. They want their design to accommodate future expansion should it be necessary. Proposing about 122 beds with the option of 78 or so more. These 122 would be lighter security cells- dormitories and 4 man cells. They also would, have the open space minimally constructed like a walk out basement for the 78 should they be needed later.
Programming space is also in the plan for drug programs. Remodeling of the basement allows for additional space for law enforcement. Video arraignment might also be in this plan for improved security. New kitchen and laundry space is included. Miami County uses their multipurpose room for video arraignment. RQAW designed that. Hughes kept asking how close the video arraignment space had to be to the judge. He didn’t realize that this operates through the internet for video transfer.
Mark said that they can relocate some officers to supervise 120 inmates more without having to change staffing needs. He also had a new space to isolate the female population from the males. There would be increased utility costs due to increased space, but the staffing plan would be staff neutral be relocating their spaces. Food, heat, and staff are the big jail costs.

Cost of this is: Hard construction costs- $7 – 7.4 million. Soft costs would be $1.13- 1.2 million. Shoot for the low number and plan on the high number. Maximum amount is $9,259,663 according to their estimates.

Additional square footage for vehicular sally-port is about $250,000. Proposed 336 bed total capacity. They also have a space to add additional housing attached to the current plan space. Prefabricated modular steel cells are what are being used to make these cells. This is most cost effective. This happens without disrupting security for the rest of the jail. They have been using these since 2002. Columbus Indiana- Bartholomew County Jail uses these and the architecture matches the city there. These modular cells are inside the building- a double envelope style. The windows do NOT line up with the outside windows to avoid prisoners “show and tell” with outside world. They still get borrowed natural light. Task Force recommends this – the group changes a little bit depending on staff schedules. Orschell said he had the pleasure of heading up the task force and the biggest problem was the money. They took out basement and parking area and an elevator. The J-caps and GED needed space. Orschell thinks this is a good fit for Dearborn County. McHenry asked what it would take to take C3 back to work release. Mark outlined the details that would need to be added. Less than 200 ankle bracelets are available in the county for work release. Orschell said the county wants to reduce repetitive crime with their programs. We keep 80 out of state (25%) or out of county in here and 100 probationers. ( 40%) Kreinhop provided the percentages that they have on average. Kreinhop is concerned that the county will be sued for overcrowded conditions as they were 22 years ago. A judge ordered the building of the current facility due to this. A bill died that would have returned all Class D felonies to us. If they do succeed in passing this we will have a problem housing this. Orschell said that Rep. Jud McMillin told him it could happen but not as likely as a year ago. 87% are being held on at least one class D felony or more. Only 17% were being held for misdemeanors.

Hughes asked if the commissioners would like to have a public hearing. McHenry says this is fueled by drug abuse or related crime. These people often commit more crimes – theft – to get money for the drugs or substance abuse. He doesn’t want to see the county become catch and release like Hamilton County has become. McHenry said- Dearborn County is called the Bermuda Triangle- once you get caught over here you are never coming back.

Hughes asked if the economic downturn has increased crime. This particular downturn has not shown this per Joe Mrak of RQAW. Hughes thought that more jobs and economic development would decrease crime. McHenry said that with 87% of felons- they will have a hard time getting jobs with that history.

Orschell said this project should go forwarded. McHenry agreed. He wanted to hire a construction management firm to help them. Hughes asked about a referendum. Orschell said that would cost $50,000. Why not have a remonstrance possibility with 100 signatures- cheaper. This would call for a petition “war” or “race” to see what side wins then. Barnes and Thornburgh and Umbaugh and Associates presented on this earlier.

Orschell said that if we are doing our homework, due diligence, and be fiscally responsible. If they feel we did it wrong they will fire us next election. He thinks Council is going to have to work out. McHenry says Council will decide if they are ready to fund this. McHenry motioned to go to Council with the project and see if they are willing to fund it and if so we will hire a construction management firm to manage it. Orschell 2nd. Hughes wanted it to die. He voted nay- Passed. This discussion took a little over an hour.

Unnecessary Regulations Discussion
- Planning Commission forwarded a favorable recommendation section 2245 Article 22- tabled.

Vacate Right of way at West St and Alley in Hardinsburg- Kraus Jr. County Surveyor presented on behalf of owner Terry Cornett. It was also modified to accommodate the needs of the Lawrenceburg conservancy district for floodway control including the request by Richard Butler, attorney for LCD. No discussion as no public was concerned. Baudendistel read the ordinance vacating this. Commissioners passed the vacation of West Street and the alley.


Sheriff Kreinhop/Kenny McAlister- request to approach Council for one time funds to replace canine who had to be retired due to bone cancer. McAlister was available for questions as the canine handler. Kreinhop supported and endorsed the replacement. McAlister gave a quote from the kennels in Peru where they purchased the last one. Cost is same as the old one for $10,000. The price increase was not used as this was so early to replace. The last one was funded by the Community Foundation for $23,000. He has turned in a $7500 grant from CASA. He is also seeking $5,000 from the community foundation. There are also options for private citizens to donate. He also passed out info on programs the canine participated in. He uses the dog has a bridge to get the kids to talk. Commissioners approved them seeking money at Council.

Recorder- Redaction Services and Support Agreement- Bill Ewbank asked to table this until contract is amended . Tabled.

HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer:

Accept Indian Ridge section 2 off Dutch Hollow road- 3 roads- Creek Side Drive0.2mi, Falling Rock 0.16 mi, and extension of Indian Ridge 0.26 mi. Commissioners approved these 3 roads and accepted them into inventory.

Bridge needing replaced- #38-Schwipps Rd- $58,300 for Barth and Associates for design. Approved. Baudendistel has reviewed the contracts on this and the following 3.
Bridge #41- $53,700 on Lake Tambo Road- Barth and Associates- Approved
Bridge #43 $56,800-Platt Road Barth and Associates- Approved.
Bridge # 77 Woliung Road$60,700 – Barth and Associates- Approved.

Council gave preliminary approval to meet with INDOT to start the process on Stateline Road.

Dedication tomorrow morning at 10 AM for new salt facility on Randall Ave funded by L-bg thru the Community Foundation. Commissioners joked about having brunch as they already had the salt.

Hughes asked about contracts with private contractors for snow removal. Listerman said they are using FEMA prices.

AUDITOR: Gayle Pennington- claims approved. Oct 18 and Sept 20 minutes approved. Hughes said he hadn’t looked them over- but if they were ok with it was good enough for him.

Gayle said that Superior Court 2 has not had any conflicts with our morning meeting since she has been in office. She wanted to have them moved to adm bldg for 2012- Commissioners agreed. They were grateful to L-bg for providing the space and a letter will be sent to L-bg thanking them.

ATTORNEY: Andy Baudendistel- Presented the ordinance regarding Commissioner and Council Districts which were redrawn without splitting precincts. Commissioners approved the ordinance- #2011-013.

Baudendistel also presented an amendment to Zoning Ordinance to comply with new laws passed. It deals with appeals and waivers. Article 1 section 160 Approved.

Disposition of surplus vehicles- no longer needs to be discussed. These go to general fund and so the agencies selling need to request these funds back from Council.

INDOT available Thursday for Commissioners- who will drive up together early that morning.


- Hughes had to sign a grant from the Indiana Justice Institute from Tom McKay who said it was time sensitive. McHenry said it was a worthwhile program. McKay had been working on it for a long time. No money needed from county. Commissioners ratified the grant.


Meeting adjourned at 8 PM

Christine Brauer Mueller
Lawrenceburg Township