Dearborn County Sheriff Annual Report with Links

Dearborn County Sheriff Annual Report with Links provided by Eagle 99.3

http://www.eaglecountryonline.com/news.php?nID=5148

Criticize a Judge ( Or Anyone Else), Go to Jail?

Reason.com Senior Editor Jacob Sullum wrote the following article. This website has a more libertarian viewpoint.

http://reason.com/blog/2013/02/25/criticize-a-judge-or-anyone-else-go-to-j

Eagle Radio- WSCH 99.3 Reports on Brewington First Amendment Case

EAGLE RADIO reports on Brewington First Amendment Case and Amicus Briefs.
"Eagle 99.3 News considered writing the court, but because of our continued reporting on the story we decided to retain our full impartiality."
[NOTE: Eagle News is frequently quoted in updates on this story on the Indiana Law Blog.]

http://www.eaglecountryonline.com/news.php?nID=5138

INDY STAR Pictures and Story Feb 24, 2013 - Brewington Case Requests Transfer to Supreme Court

Indianapolis Star February 24, 2013- has 4 online pages and pictures with their article on Dan Brewington's First Amendment Case and the diverse groups supporting transfer to the Indiana Supreme Court.

http://www.indystar.com/article/20130224/NEWS/302240067/

ACLU Amicus Brief Supports Transferring Brewington's Case to Indiana Supreme Court

FRIEND OF THE COURT BRIEF FROM THE ACLU SUPPORTING TRANSFERRING BREWINGTON'S CASE TO INDIANA SUPREME COURT

http://www.dadsfamilycourtexperience.com/ACLU%20Amicus%20Brief.pdf

Press Association, ACLU Join Blogger Case

Press Association and ACLU Join Blogger Case
Front page Dearborn County Register Thursday Feb 21.

http://www.thedcregister.com/index.php?option=com_content&view=article&id=5947:press-assoc-aclu-join-blogger-case&catid=1:latest-news&Itemid=44

Ft Wayne Journal Gazette article on Brewington First Amendment Case

 

Ft. Wayne, Indiana Journal Gazette - article on Brewington First Amendment Case

http://www.journalgazette.net/article/20130221/EDIT07/302219998/1021/EDIT#

 

 

19 February 2013 Dearborn County Commissioners Meeting Notes

19 February 2013 Dearborn County Commissioners Meeting Notes

Present: Shane McHenry, President, Art Little, and Kevin Lynch

Also present: Teresa Randall, County Administrator, and Andy Baudendistel, Attorney.

ABSENT:Gayle Pennington, Auditor

This meeting was preceded by commissioners meeting with department heads to improve communications and efficiencies. I came in during the last 20 minutes of it. Power Point presentation of Strategies with Kevin Lynch presenting. Revenue decreasing from the state to the tune of about $3million a year or more estimated. McHenry noted that we are using Barnes and Thornburg lobbyists to help solve our issues seeking funds. State will be taking Riverboat revenue from us and Lawrenceburg too. We get about $6-7 million form Lawrenceburg riverboat. Randy Frey, Jud McMillan, and Johnny Nugent are fighting to keep the Revenue here per Art Little. He encouraged sending emails to other reps beyond us regarding the revenue sharing and our needs here. Department heads were then encouraged to grab some food laid out for them as this was an early meeting. 

Regular meeting started late- 9:15 AM

OLD BUSINESS:

Community Corrections Advisory Board appointments:

Mario Todd- Minority Lay Person 3 (Re-appointment)- Commissioners approved

Kelly Mollaun- Lay person 4  (Re-appointment)- Commissioners approved

EMA Board appointment:

Town of Dillsboro member change to Tom Wafford- approved

West Harrison appointment- Richard Bower- approved

NEW BUSINESS:

Assessor- Gary Hensley- 2014 New Construction and Trending Service Bids- this information was previously presented. It is for 2014 taxes paid in 2015. Commissioners approved.

Boston Mutual- Michael Kuhn- Open Enrollment- He has been their rep since 2005 and Boston Mutual has been here since 1997. Open enrollment means they can’t be turned down for any medical condition. We are part of a pool of 62 counties.  He passed out the highlights of the program. It’s an employee paid benefit- no cost to the county. It is deducted from their payroll. This is life insurance. This policy goes with the employee even when they leave the county employment. This is a permanent life policy.This was purely informational. They will be meeting with employees on this.

Historic Hoosier Hills Resource, Conservation, and Development Board Appointment- Brad Dawson was re-appointed to this .

Ordinance- Retention of Service Weapon, Badge, and ID card for Deputies retiring with 20 years of service- Mike Kreinhop asked for this to be approved. There is an IC that allows state police to do this- so he wants to do this locally as well. Lawrenceburg also does this via ordinance. Baudendistel will rework what he has under the HOME RULE ordinance. IC 5-22-22 is the code to review per Kreinhop. Commissioners agreed to have Baudendistel write the ordinance. Tabled until ordinance revised.

HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer- Bridge #102- Utility Reimbursement Agreement for North Dearborn Water. This is near Creekside on North Dearborn. They are needing easements from the water and gas companies.  $24,749.35 is the cost for the water company. Commissioners approved.

ROW on Stateline Road for First Financial Bank- who now have sold the property. The new owner has countered the offer. IC 36-1-10-5 restricts negotiations above $25,000. This counter is over the average of the 2 appraisals. We can’t accept that. He asked approval for going to court. They asked for more money and damages. This number is way above the restricted level per Baudendistel. Baudendistel says court is the only option. Baudendistel was given authority to proceed with court filings for parcel #14 14128 Stateline Road- the OLD MainSource bank site. They will also send a letter to the owners explaining why they can’t negotiate further per law.

ADMINISTRATOR: Teresa Randall

County Attorney agreement- this will be drafted for the next  meeting $28,000/year and $150 per hour for additional services. Tabled.

Commissioner Meeting Dates- March will be March 5 at 9 AM, and March 19^th at 5:30 PM. This will be the schedule for the remainder of the year probably.

John Maxwell has resigned and Kevin Lynch was a citizen from the board but is now there as Commissioner on it. So His citizen spot needs to be replaced. James Deaton- Dillsboro – former BZA and DCF boards. He was appointed to the Redevelopment Board for Dearborn County. Dave Deddons was recommended for the other spot. He owns the BP out in St. Leon. He works with St. Leon Redevelopment also. Commissioners appointed him to the Redevelopment Board also.

Lynch and Randall formed a mini task force with the Park Board. They created a small task force to get that relationship to being all on the same page.

Minor foot surgery Thursday for Randall and will be on crutches for 6 weeks.

AUDITOR: Connie Fromhold substituting for Pennington- claims will be signed and reviewed after the meeting per McHenry and approved by Commissioners

ATTORNEY: Andy Baudendistel- resolution and interlocal agreement with Lawrenceburg for $20,000 per unit. This was to tidy up our agreement on their EMS services and they would provide county services as requested at times. Total $40,000 for two units. Commissioners were advised by Randall that they were reviewing all EMS agreements for 2013 and she wanted L-bg to go thru the same process as everyone else. TABLED until they can go through the process of review with Randall. Randall will call Johnny Tremain and Bobby Mills to explain.

COMMISSIONER COMMENTS- Art Little- believes the county is in a good position to move forward and grow and develop. And it is an honor to be here.

McHenry agrees and said we can look harder at budgets and not just cry over losing Riverboat revenue loss. We need to work better with other people.

Lynch said we have some great department heads and leaders in the county. We will work hard to make the right decisions to move the county forward.

LATE ARRIVAL INFORMATION- none

PUBLIC COMMENT- none

Meeting adjourned at 10 AM

Christine Brauer Mueller

Lawrenceburg Township

 

Attorneys and Organizations Sign on for Friend of the Court in Brewington Petition to Transfer to Supreme Court of Indiana

Appeals Docket Excerpt 2/06/13	NOTICE OF APPEARANCE BY JAMES BOPP, JR & JUSTIN MCADAM ATTYS
	FOR THE AMICI CURIAE (2) CERTIFICATE OF SERVICE BY MAIL
	DATE 02/06/13 ENTERED ON 02/11/13 JS
2/11/13	0002838-84; EMAIL SENT REGARDING TRANSMISSION OF ORDERS,
	OPINIONS & NOTICES TO ATTORNEY JAMES BOPP JR.
2/11/13	0030016-49; EMAIL SENT REGARDING TRANSMISSION OF ORDERS,
	OPINIONS & NOTICES TO ATTORNEY JUSTIN LEE MCADAM
2/06/13	MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE BY THE DIGITAL MEDIA
	LAW PROJECT, THE HOOSIER STATE PRESS ASSOCIATION, THE INDIANA
	COALITION FOR OPEN GOVERNMENT, THE JAMES MADISON CENTER FOR
	FREE SPEECH (6) CERTIFICATE OF SERVICE BY MAIL DATE 02/06/13
	ENTERED ON 02/11/13 JS
2/11/13	0030016-49; EMAIL RESPONSE RECEIVED REGARDING TRANSMISSION OF
	ORDERS, OPINIONS & NOTICES FROM ATTY JUSTIN MCADAM
	ENTERED ON 02/12/13 AS
2/12/13	****NOTE: EUGENE VOLOKH IS LISTED ON THE APPEARANCE WITH
	A NOTE THAT HE IS CURRENTLY PETITIONING FOR TEMPORARY
	ADMISSION. ENTERED ON 02/12/13 JS
2/12/13	VERIFIED PETITION FOR TEMPORARY ADMISSION (6)
	CERTIFICATE OF SERVICE (6) MAIL 02/12/13
	*ATTY. EUGENE VOLOKH ON BEHALF OF AMICI CURIAE THE DIGITAL MEDIA
	LAW PROJECT* ENTERED ON 02/13/13 MS
2/14/13	APPELLANT'S PETITION FOR TRANSFER (9) CERTIFICATE
	OF SERVICE (9) BY MAIL 02/14/13 ENTERED ON 02/14/13 AS
2/15/13	NOTICE OF APPEARANCE BY GAVIN ROSE, ATTY. FOR THE AMICUS CURIAE
	**ACLU OF INDIANA** (2) CERTIFICATE OF SERVICE (2) BY MAIL
	02/15/13 ENTERED ON 02/15/13 AS
2/15/13	MOTION TO APPEAR AS AMICUS CURIAE (6) CERTIFICATE OF SERVICE (6)
	BY MAIL 02/15/13 **AMERICAN CIVIL LIBERTIES UNION OF INDIANA -
	ACLU OF INDIANA** ENTERED ON 02/15/13 AS
2/15/13	****RECEIVED 02/15/13: BRIEF OF AMICUS CURIAE *ACLU OF INDIANA*
	IN SUPPORT OF PETITION TO TRANSFER. HOLD FOR RULING ON MOTION TO
	APPEAR. ENTERED ON 02/15/13 AS

Brewington's Lawyers Petition to Transfer to IN Supreme Court

http://eaglecountryonline.com/news.php?nID=5085

AGENDA FEB 19th 9 AM Commissioners Meeting

AGENDA

DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING

February 19, 2013

9:00 a.m.

Commissioners Room

County Administration Building

215 B West High Street, Lawrenceburg, Indiana 

I.              CALL TO ORDER

 

II.            PLEDGE OF ALLEGIANCE

 

III.           OLD BUSINESS

1.  Community Corrections Advisory Board Appointments

            a)  Mario Todd – Minority Lay Person 3 (Re-Appointment)

            b)  Kelly Mollaun – Lay Person 4 (Re-Appointment)

2.  EMA Board Appointment

            a)  Town of Dillsboro Member Change to Tom Wafford

            b)  West Harrison Appointment – Richard Bower

 

IV.          NEW BUSINESS

                        1.  Assessor – Gary Hensley

                                    2014 New Construction and Trending Service Bids

 

                        2.  Boston Mutual – Michael Kuhn

                                    Open Enrollment

                       

                        3.  Historic Hoosier Hills Resource, Conservation & Development

                                    Board Appointment

 

                        4.  Ordinance – Retention of Service Weapon, Badge and Identification Card                                            For Deputies retiring with 20 years of service

 

                        5.  Highway Engineer – Todd Listerman

                                    Bridge # 102 – Utility Reimbursement Agreement for N. Dearborn Water           

 

V.            ADMINISTRATOR – Terri Randall

1.  County Attorney – Agreement

2.  Commissioner Meeting Dates

 

VI.          AUDITOR – Gayle Pennington

1.  Claims/Minutes                       

VII.         ATTORNEY

V III.        COMMISSIONER COMMENTS 

IX.          LATE ARRIVAL INFORMATION            

X.            PUBLIC COMMENT 

XI.           ADJOURN

POPE BENEDICT XVI RESIGNS

In a historical move, Pope Benedict XVI announced his resignation to the College of Cardinals today. His resignation is effective Feb 28th. The last time  a pope resigned was over 600 years ago in 1415.
Pope Benedict essentially cited his overall health and stamina as reasons to step down and allow a new pope to be elected in March.

Jud McMillan Represents Dearborn County Prosecutor's Office in Civil Suit to Seize Acapulco Assets

Jud McMillan Represents Dearborn County Prosecutor's Office in Civil Suit Filed to Seize Acapulco Resaurant Owner's Assets of $3.8million +

http://www.thedcregister.com/index.php?option=com_content&view=article&id=5796:civil-suit-filed-to-seize-acapulco-related-assets&catid=1:latest-news&Itemid=44

5 February 2013 Dearborn County Commissioners Meeting Notes

 5 February 2013 Dearborn County Commissioners Meeting Notes

Present: Shane McHenry, President, Art Little, and Kevin Lynch

Also present: Gayle Pennington, Auditor, Teresa Randall, County Administrator, and Andy Baudendistel, Attorney.

This meeting was preceded by an executive session on pending litigation. Meeting started late at 6:15 PM. Commissioners authorized administrator, Terri randall to enter into a contract for legal counsel on pending litigation. Legal counsel-  Baudendistel – was authorized to make a counter offer on the Grote situation.

OLD BUSINESS:

EMA Board Appointments:  Scott Fortner was appointed for Dillsboro and Raymond Rodmaker for Moores Hill, Bill Wendt for St Leon, Bruce Keller from HVL,  Jody Blasdel from Bright, Johnnie Tremain- Lawrenceburg,  Jeff Stratman- Aurora, Ed Gordon  Greendale, Shane McHenry- Dearborn County, Charles Ashley- 911 director, John Ryle- American Red Cross, Bill Ullrich, County Council, and Dave Lusby form Sheriff Dept. Citizen appointees from the county are 2 year appointees. All approved by commissioners for the EMA Board.

Community Corrections Advisory Board-Baudendistel drafted an ordinance- Ordinance 2013-004 – Chapter 39 based on IC code 11-12-1 and 2 for this advisory board. Judges have reviewed this in great detail per Randall. Resolution 2013-001- to establish the SE Regional Community Corrections Advisory Board was passed. John Stroup was advised by Baudendistel to get Switzerland County’s ordinance set up too.

Michael Sarapata – Public Defender, Karen Ernst for Victims advocate, Jennifer Lyness for Probations, Educational Adm- Matt Probst form IVY Tech, Mental Health- Tom Talbot from Community Mental Health, Honorable W Gregory Coy from Switzerland County and Terri Randall – County Adm. Were all appointed to the Community Corrections Advisory Board.

NEW BUSINESS:

Ruth Ann Batta requested permission to approach Council for funds for the Summer Art program- which has been in force for 10-12 years now. They have 160 kids last year. They have been asking for $2000 for the past 2 years or so. Commissioners approved Batta to go to Council.

Greg Overmeyer-  from State of Indiana Child Services- approval to bring Comcast to the Courthouse to run updated State Child Support software. The current T-1 line does not encrypt data and has more data than it can handle. Currently you have a comcast feed over in the jail and they need to extend it to the Courthouse with another additional cable. There will be some construction involved in this- no expense to the county- it is absorbed by the state. Commissioners approved this agreement and Baudendistel had reviewed it previously. Comcast is responsible for any repairs needed during installation. There is a fire wall etc in this. It costs $800,000 a year to have all the counties communicate with the state on this.

Ratify signature for YES Home (Youth Encouragement Services) Annual Rental Housing Owner Certification Checklist- Randall said this is a housekeeping item that occurs every year. They have to certify that they are complying with the terms of the grant etc. Commissioners ratified the signature of Shane McHenry.

Doctor and Nurse Agreements for the Juvenile Center- Commissioners approved the agreements- these are done annually. Randall said these professionals are properly credentialed.  Dr. Samantha Wood is paid $11,133.00 and Ron Phillips is the nurse for $12,742.00.

National Day of Prayer 2013- Randall said this is from Dearborn Hills Methodist Church for the courthouse square. They have reached out to other churches and other churches speak at this as well.  The date is Thursday May 2^nd at noon. Commissioners approved.

Commissioner Appointment to Region 9 Workforce Investment Board-Kevin Lynch was approved to represent Dearborn County.

HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer- not present.

Tim Grieve, Highway Superintendent- not present.

ADMINISTRATOR: Teresa Randall

Ratify Signature- Barnes and Thornburg LOBBYIST Agreement- this was signed and approved at the last meeting. This is a corrected agreement with appropriate dates. Commissioners ratified McHenry’s signature.

Official Approval of Design and Development Phase of Jail Expansion- Randall said that these phases will not be paid until the board has been sure of the completion of that phase. These have been going on over the last few months. The jail advisory Committee advises that this be approved. These are specific enough to include details such as  the outlets and placement etc. Randall said she is confident that this is accurate and asks that the Board of commissioners approve closing this phase and moving on to the next. Approved.

Jail Project Update: Approval of Design development phase includes:

Rosser Contract Addendum -these fees were already incorporated into the budget. She wanted this done the proper way to account for the work that went into determining which plan to use. $425,000 was in the budget. $47,000 and $15,200 for alternate bid and $3800 fee if actually constructed. This has been funded by Council. $66,000 total for the additional services was approved by commissioners for Rosser International. 

Maxwell Contract Addendum- $359,900 was their original contract. $31,941.00 additional is due to Maxwell on this agreement. Maxwell was selected on merit and they were one of the lowest bidders. She was surprised that their fee was this low. If the alternate is accepted they will not charge any more for that. Commissioners approved the additional fee and addendum.

Appropriation request for additional Workers Comp Premium- she thought that budgeted amount would cover this but we are $23,457.00 short. She said we still got a good deal considering our experience rating. Commissioners approved Randall going to council. McHenry said we are addressing some depts. that are problematic with Workers Comp issues.

AUDITOR: Gayle Pennington- Requested Girl Scout awards- which are close to her heart to Chrissie Martini and Jessica Wells -two high schoolers who have achieved their Gold Award. One girl created a rosary garden at a church in the northern part of the county and the other did work on the new St Leon park. Commissioners signed the Awards.

EMT training for Krista Cook- Dillsboro Emergency Unit -  $250 to supplement her tuition for this training was approved. They have to make a commitment for 2 years minimum active duty and signed off by the sponsoring life squad.

Covered Bridge certification for our one bridge in Guilford was signed to send to the state.

Council signed off on interlocal agreement for lobbyist Lewes and Kappes, LLC- Jewel Dubonis. The amounts and cities and towns involved are listed in the notes from the January Council Meeting found on this blog. Commissioners signed off on this. (Our amount is $24,000) the total is about $72,000.

Jan 15 minutes signed.  Claims signed.

McHenry said that Dr. Scudder took care of his Comcast bills and the county is not paying for it.

ATTORNEY: Andy Baudendistel- no comments

COMMISSIONER COMMENTS:

Art little – Don’t get the flu- it’s terrible.

Kevin Lynch-Cong. Luke Messer Friday at Whiskey’s.

Kevin Lynch- Sat Feb 9th 11-12:30- Commissioner will be at Diane’s Diner in Dillsboro.

Feb 23 from 8-10 at Stateline restaurant they will also be available.

LATE ARRIVAL INFORMATION- Thursday Feb 7^th Earthquake Awareness per Bill Black.

PUBLIC COMMENT- none

Meeting adjourned at 7:30 PM

Christine Brauer Mueller

Lawrenceburg Township