15 June 2010 Dearborn County Commissioners Meeting Notes
Present: Ralph Thompson, President, Tom Orschell, and Jeff Hughes
Also present:, Gayle Pennington, Auditor, and Jack Gay, Attorney.
OLD BUSINESS:
Tucker Development- Jeff Tucker- no one present- deadline to call the bond is the end of Sept and they must be notified ahead of time to extend the bond.
DCRSD Board Appointment – tabled- no applicants yet.
GIS- Margaret Minzner- continued from last meeting- Lake Dilldear Grant Application- looks like there will be issues with a potential archeological site that will stall application. They can also pursue the Community block grant.
GIS updates- response from Sidwell came in late Mon afternoon and they are reviewing it. They are reviewing bugs with software also.
NEW BUSINESS
Life time Resources- Julie Schafer- 2011 Funding request- requested $10,000 for catch a Ride- approved to go to Council for this- their annual $10,000 amount.
CCI Construction Manager- Eric Wolf- here to discuss jail project, He had attended the Apr 20 charette on it. He reviewed the space issues with jail and said that they can help with construction. They have redone designs in other jails to meet budgets. Need to find a way to get what is needed for as little cost as possible. They managed Lawrenceburg school projects (3 of them). To get started they need authorization to work with the team, architects, etc. He gave them a packet with fee schedule, standard AIA agreement, etc. They will get to the correct price and then go thru the referendum process. If the referendum doesn’t pass- the contract stops. They work with a set fee- not a part of contractor mark-ups. www.constructioncontrolinc.com is their website. $28,000 is the referendum cost- flat fee to get from now to then. Other numbers are preconstruction and design phase- post construction fees. $12,000 per month preconstruction and $24,900 for construction phase. They will also work with financial people to help get financing. Ball park number was $20 million from charette which is more than we can spend per Orschell. Wolf said- now it’s a time for reality check to weed out the items that are not needed to meet an affordable amount. For example the bed count nearly doubled. Each bed costs about $65,000. Don’t make it smaller than you need- but decide how much you need to grow. They have worked with RQAW on 2 other projects. Hughes is in favor of having someone oversee this. They don’t work for percentage- they work for flat fee. Orschell thinks it’s imperative that commissioners get with Council to be sure we are all on the same page. Hughes said we started at $40million, now $20 million and even Orschell agrees that that’s too high. Cannot go over the tax cap limits unless there is a vote specifically to go over that cap. Commissioners to review.
Gary Collins and Cathy Albert- Collier Ridge Bridge- Gary was concerned about time constraints and how the people particularly at the bottom will be adversely affected by the bridge loss for that long. He spoke with Jim Barker, PE from other county projects, James Cooper, eng from Michigan, and Kent Abraham (Historial consultant). Over 100 photographs sent to get engineer opinion. Jim Barker would cost $2,500 to give estimate on that bridge. Would like the county to consider doing this to get a fast track project. This would utilize the existing configuration and go back to a grated surface- no asphalt. This would be same process as what Barker did on Bear’s (or Bell’s) Branch. The bridge has been around 100 years- no accidents there. They don’t want to change the whole aesthetics of the area.
Cathy Albert was concerned about $2,950,000 from INDOT. She is concerned about eminent domain and the realignment needed for that version. She thinks that will be an additional sum of money. The cost was figured on size and length of bridge and the road she said per Listerman, and they can be too high or too low. She reiterated her concerns from a few meetings ago on whether we can meet the costs by 2013 when construction can begin. She does not want to see her landscape and view marred by trees removed and a concrete structure rather than the woods and a beautiful red bridge that absolutely needs repair. The residents of collier ridge and all the lanes off that road want the setting to stay the way it is and also to not have a dead end road as it is now. It takes her over 100 miles a week just to get her mail now.
Gary summed up to get commissioners to accept the $2500 fee for Barker to look at this. The bridge would be only a 15 ton load limit when redone this way. It is not a registered historic bridge. He was enthusiastic in his support of Barker’s study. Commissioners will send it to Bill Ewbank and Listerman to evaluate and see if we have the money to do this and ask for their direction.
Animal Control- Marlene Underwood- passed out email thanking them for dog adopted. Plumbing problems being fixed. Increased to 56 dogs and 88 cats due to kitten and puppy season. Adopted 33 dogs and 42 cats in May. Increase in runs and dog bites due to the season. Had some calls for things that they don’t handle- such as rabbits. Petsmart is helping them with adoptions out on Colerain Ave. They did get a deer to a deer rescue- ended up being euthanized as he was blind. Uniforms will be addressed soon.
HIGHWAY DEPT- Todd Listerman was not in attendance- vacation- no report
Auditor- Gayle Pennington- claims and minutes- tabled May 17 meeting minutes due to Hughes not having reviewed them.
June 1 meeting minutes were tabled until the comments between Thompson and Negangard can be transcribed verbatim from the tape. [NOTE: this was the interchange where Negangard was grilling Thompson about the Hatch Act violations.]
Hughes wanted to be sure Witte’s work thru 5/31 didn’t include Hatch Act complaint and was not charged to county as the board had not directed him to do this. Ewbank to check on this.
Final claim from Sears on the Animal Shelter will be settled with this claim and Ewbank recommended paying it to get it done. They approved.
Bond paperwork for signatures for county auditor (Pennington) was signed.
Resolution signature for service fee collected through the tax sales process. SRI does the annual tax sale and their fees went up $5. Approved.
Attorney- Jack Gay-prepared a resolution on the proposed vacation of streets in Langley Heights. Pass a resolution and set the matter for public meeting. He would like to get it in process to get it for public hearing for next meeting with public notice. They would like to move this forward due to pending litigation. There is some question about the triangular piece that will end up being abandoned to the town there. There may be a lawsuit on this. This would be the town’s issue out there. Cut it off close to Johnny Wright’s property. It gets cleaned up nicely with this vacation. Would like to have a visual so that people can see it clearly at the public hearing. Gay will get this. Ewbank will set the public notice in the paper.
Ordinance to deal with grants as prepared by Witte and reviewed by Gay will be on the next meeting.
Gay said state law presumes documents held by the public are open to public. Wants all office holders to be operating under the same policy. Undercover officers for example are not. He wants to set a policy on this.
Road block fund raising issue – Gay said they cannot give duties or assign them to another public entity like the township trustees. He thinks it may be more of a safety issue for County Highway dept. perhaps. Hughes was glad for the research. Will discuss at next meeting.
County Coordinator- Bill Ewbank presented an interlocal agreement grant request- Disaster Recovery 2 grant for water transmission main for Aberdeen Pate Water company. This is also with Ohio County. Ohio County is lead applicant for this and will handle the funds. Has to be in by July 2 for their application. There is no encumberance on our county. Approved.
There is a big issue with Centurylink on internet service- wants to talk to Comcast. Centurylink supposedly cannot offer increased bandwidth needed. Ewbank authorized to negotiated for better Internet service. Particular problems were in treasurer and auditor’s office.
LATE ARRIVAL- asked for letter of support for Region 9 Workforce Act- for River Valley Resources for funding program. Experienced provider of education and training programs in the region. Jack reviewed and advised they not sign as they do not know what the project is. Commissioners did NOT sign this.
PUBLIC COMMENT- Richard Wahler has a farm on Bonnell Road- with RR crossing there. RR took it out and now they cannot get tractors etc there. They are using 12 acres of his land now as ROW. Gay said the RR gets power than ours. Feds. 100 acres is hard to access here. Hamilton got it put back once. He has called Baron Hill and so far nothing. He could contact state reps for help. His property starts out on Collier Ridge by the RR area. They have flooding issues on some. 20763 Villa Lane- Richard Wahler. GIS can provide him with a good overhead map to pin down locations per Ewbank. Commissioners to send letter to Baron Hill to assist him.
Chris Mueller- I questioned them regarding the open door issue that Jack Gay brought up. I told them I was the person requesting the information in question and that I understood that they would have to block out names of undercover officers.
I told them that the PAC (Public Access Counselor) advised me that if my request was denied they had to do so in writing and stating the reasons for the denial.
Gay said they were not denying, that he was going over with Gayle Pennington after the meeting to review the materials to be certain they were not compromising anyone ( like the undercover cops)
I asked when I can get my requests. He said they have 7 days by law and that he’d gotten my revised request on Saturday. He assured me they were not trying to stall and that they expected to have the material well ahead of the 7 day deadline. There were issues with the clarity of the 2nd item of my original request on June 7. Now they understand what I want.
I asked Gayle Pennington if she’d gotten my emails regarding the 2008 SBOA audit on Council that said they had to get the SCU account back from the Prosecutor’s office- that by law it had to be handled by the Auditor. ( It was in prosecutor’s special checking account from October 2008 thru June 2009.)
She and Gay said I should get the information from the Prosecutor.
I told them that I wanted LEGAL financial records and those aren’t legal. By state law the disbursements and approvals in the county are handled by the treasurer, auditor, and Board of Commissioners, per the SBOA. ( State Board of Accounts) The SBOA told them to get the records back to the Auditor, so that is where they should be. I also advised them that that section may be where they are having trouble finding the federal funds. They will call me when they have the records ready.
Commissioner Jeff Hughes called me back to the podium and asked me if I had a fence around my swimming pool! I told him that that question has come up before and the (woven wire) fence surrounding the farm qualified at the time the pool was built. I told him that I had a certificate of occupancy for it from the building dept. I also told him that our insurance company was not concerned at all as we are very far from adjoining neighbors. Our biggest problem is wildlife. He asked again about the permit and I told him I had the certificate of occupancy when it was completed.
You can listen for yourself...
[NOTE: Interesting…. From the timing of this, what do YOU think he was doing? It’s happened to me (and others) before- but never at public meeting and on tape. That pool is over 20 years old. I have been attending meetings for 15 years. Today, after requesting Special Crimes Unit records, Hughes says someone asked him about my pool fence and he wanted to know.
This is why citizens are afraid to ask public questions or try to correct issues. Many people have been afraid that repercussions would fall on their family or children as a result of speaking out. This should not happen in the United States of America.]
Meeting adjourned at 10:40AM
Christine Brauer Mueller
Lawrenceburg Township
Tuesday, June 15, 2010
Monday, June 14, 2010
LOCAL NEWSPAPER EDITORIALS SHOULD CONTAIN SUPPORTING FACTS
This editorial by Chet Wolgamot, Manchester Township, was published in the Dearborn County Register last week.
Editor,
I hope Register Publications demonstrates more prudence in the future and refuses letters such as Donna Hartman’s example of vitriol and innuendo, “Hatch Act allegations just another Thompson attempt to run county”, June 1, Journal-Press.
Hartman accuses Commissioner Ralph Thompson of “irrationally” upending projects, processes and progress, springing “allegations”, attempting “to run Dearborn County according to his own whims”, having “no regard to protocol”, “common sense”, “courtesy” and “decency”, “micromanaging”, “bullying”, “intimidating”, “ambushing and derailing”, “creating chaos and controversy” and “thrive[ing] on the chaos he creates”. Thompson also “shockingly spews streams of hateful remarks and outright lies” about those he “despises”, shows “contempt for others [and] is outrageously disrespectful”. He “maligns and blind-sides well intentioned people”, has an “unusual appetite for power and vindictiveness” and “unleashes bizarre scenarios”.
Hartman makes no attempt to validate her statements, only citing that; “everyone involved knows”, and it is “well known” by “many”. She fails to cite even one substantiating event. Well, I guess………. “everyone involved knows”.
If you’re going to accuse someone of being the devil incarnate, it would better serve your purpose to include at least a supporting fact or two? And if you’re an editor you should demand same before publishing a slanderous level of unsubstantiated disparagement?
The only real event mentioned by Hartmann is County Commissioner’s Attorney Michael Witte’s discovery and legally mandated disclosure of a perceived federal law violation that involves two county employees, Bryan Messmore and Shane McHenry. No linkage to her subject of scorn, Thompson, is provided, other than he (and at least one other commissioner), as part of their legally prescribed annual duties, chose respected ex-judge Michael Witte as their attorney and decided the County Administrator position as then held by Brian Messmore wasn’t an efficient use of taxpayer funds. That we’ve suffered no noticeable administrative failures since then seems to support the fiscal wisdom of their decision.
Register Publications should have aided it’s readership with a sidebar explanation that Donna Hartman, aka Mrs. Jim Scott, is involved with the PAWS organization and there has been considerable friction between that group and Thompson over the desired opulence of a future animal shelter and it’s staffing expense. Hartman’s scorn may revolve more around Thompson’s resistance to an extravagant level of taxpayer funded accommodations for stray dogs and cats than elephants in rooms.
Chet Wolgamot
Manchester Township
Editor,
I hope Register Publications demonstrates more prudence in the future and refuses letters such as Donna Hartman’s example of vitriol and innuendo, “Hatch Act allegations just another Thompson attempt to run county”, June 1, Journal-Press.
Hartman accuses Commissioner Ralph Thompson of “irrationally” upending projects, processes and progress, springing “allegations”, attempting “to run Dearborn County according to his own whims”, having “no regard to protocol”, “common sense”, “courtesy” and “decency”, “micromanaging”, “bullying”, “intimidating”, “ambushing and derailing”, “creating chaos and controversy” and “thrive[ing] on the chaos he creates”. Thompson also “shockingly spews streams of hateful remarks and outright lies” about those he “despises”, shows “contempt for others [and] is outrageously disrespectful”. He “maligns and blind-sides well intentioned people”, has an “unusual appetite for power and vindictiveness” and “unleashes bizarre scenarios”.
Hartman makes no attempt to validate her statements, only citing that; “everyone involved knows”, and it is “well known” by “many”. She fails to cite even one substantiating event. Well, I guess………. “everyone involved knows”.
If you’re going to accuse someone of being the devil incarnate, it would better serve your purpose to include at least a supporting fact or two? And if you’re an editor you should demand same before publishing a slanderous level of unsubstantiated disparagement?
The only real event mentioned by Hartmann is County Commissioner’s Attorney Michael Witte’s discovery and legally mandated disclosure of a perceived federal law violation that involves two county employees, Bryan Messmore and Shane McHenry. No linkage to her subject of scorn, Thompson, is provided, other than he (and at least one other commissioner), as part of their legally prescribed annual duties, chose respected ex-judge Michael Witte as their attorney and decided the County Administrator position as then held by Brian Messmore wasn’t an efficient use of taxpayer funds. That we’ve suffered no noticeable administrative failures since then seems to support the fiscal wisdom of their decision.
Register Publications should have aided it’s readership with a sidebar explanation that Donna Hartman, aka Mrs. Jim Scott, is involved with the PAWS organization and there has been considerable friction between that group and Thompson over the desired opulence of a future animal shelter and it’s staffing expense. Hartman’s scorn may revolve more around Thompson’s resistance to an extravagant level of taxpayer funded accommodations for stray dogs and cats than elephants in rooms.
Chet Wolgamot
Manchester Township
Thursday, June 10, 2010
DRAFT Agenda June 15 (9 AM) Commissioners Meeting
AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
June 15, 2010
9:00 a.m.
City of Lawrenceburg
Administration Building
230 Walnut Street, Lawrenceburg, Indiana
I. PLEDGE OF ALLEGIANCE
II. CALL TO ORDER
III. OLD BUSINESS
1. Tucker Development – Jeff Tucker
2. DCRSD Board appointment
3. GIS – Margaret Minzner (continued from last mtg)
a) Updates
b) Lake Dill Dear Grant Application
IV. NEW BUSINESS
1. Life Time Resources – Julie Schafer
2011 Funding Request
2. CCI Construction Manager – Eric Wolf
3. Gary Collins/Cathy Albert – Collier Ridge Bridge
V. HIGHWAY DEPARTMENT
VI. AUDITOR – Gayle Pennington
1. Claims/Minutes
2. Bond paperwork for signatures
3. Resolution signature for service fee collected through the tax sales process
VII. ATTORNEY
VIII. COUNTY COORDINATOR – Bill Ewbank
IX. COMMISSIONER – Jeff Hughes
X. COMMISSIONER – Tom Orschell
XI. COMMISSIONER – Ralph Thompson, Jr.
XII. LATE ARRIVAL INFORMATION
XIII. PUBLIC COMMENT
XIV. ADJOURN
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
June 15, 2010
9:00 a.m.
City of Lawrenceburg
Administration Building
230 Walnut Street, Lawrenceburg, Indiana
I. PLEDGE OF ALLEGIANCE
II. CALL TO ORDER
III. OLD BUSINESS
1. Tucker Development – Jeff Tucker
2. DCRSD Board appointment
3. GIS – Margaret Minzner (continued from last mtg)
a) Updates
b) Lake Dill Dear Grant Application
IV. NEW BUSINESS
1. Life Time Resources – Julie Schafer
2011 Funding Request
2. CCI Construction Manager – Eric Wolf
3. Gary Collins/Cathy Albert – Collier Ridge Bridge
V. HIGHWAY DEPARTMENT
VI. AUDITOR – Gayle Pennington
1. Claims/Minutes
2. Bond paperwork for signatures
3. Resolution signature for service fee collected through the tax sales process
VII. ATTORNEY
VIII. COUNTY COORDINATOR – Bill Ewbank
IX. COMMISSIONER – Jeff Hughes
X. COMMISSIONER – Tom Orschell
XI. COMMISSIONER – Ralph Thompson, Jr.
XII. LATE ARRIVAL INFORMATION
XIII. PUBLIC COMMENT
XIV. ADJOURN
Wednesday, June 09, 2010
Request for public records from the Auditors Office and payroll dept.
7 June 2010
To:Gayle Pennington Dearborn County Auditor
From: Christine Brauer Mueller, 18203 Pribble Road Lawrenceburg IN 47025
Request for public records from the Auditors Office and payroll dept.
1. I would like a copy of payroll claims records for Shane McHenry and Michael Kreinhop showing the relationship with Special Crimes Unit pay hours and the relationship to the SCU federal grants. Please reference records from Jan 1, 2009 thru June 1, 2010.
2. lf there is a printout that shows what the SCU federal grants are paid TO, I would like a copy of that.
3. I would also like a copy of the list of all federal grants paid to the county. (The list that is used for SBOA)
Thank you.
Christine Brauer Mueller
To:Gayle Pennington Dearborn County Auditor
From: Christine Brauer Mueller, 18203 Pribble Road Lawrenceburg IN 47025
Request for public records from the Auditors Office and payroll dept.
1. I would like a copy of payroll claims records for Shane McHenry and Michael Kreinhop showing the relationship with Special Crimes Unit pay hours and the relationship to the SCU federal grants. Please reference records from Jan 1, 2009 thru June 1, 2010.
2. lf there is a printout that shows what the SCU federal grants are paid TO, I would like a copy of that.
3. I would also like a copy of the list of all federal grants paid to the county. (The list that is used for SBOA)
Thank you.
Christine Brauer Mueller
Monday, June 07, 2010
Another Candidate Referred to the OSC for Possible Hatch Act Violation
Note: The author makes reference to a posting on this site with some reservations as to it's accuracy. The images to the right are included to establish the accuracy of earlier postings on this web log. They were extracted from the flyer for the Lincoln day event which contained the ad at the bottom of the image. This image has been altered for inclusion within the available space - original scan image available on request.
June 4, 2010
Ms. Carolyn S. Martorana
Attorney, Hatch Act Unit
U.S. Office of Special Counsel
1730 M Street, N.W. Suite 218
Washington, D.C. 20036
Re: Dearborn County, Indiana/Hatch Act
Dear Ms. Martorana:
As a casual observer, it has come to my attention that G. Michael Witte, County Attorney for the Dearborn County Board of Commissioners, overlooked another potential violation of the Hatch Act. Mr. Witte’s self reporting letter failed to notify the U.S. Office of Special Counsel that Dearborn County Sheriff candidate, Mike Kreinhop, may also be in violation of the Hatch Act.
The additional purported non-compliance scenario is outlined below. I ask for the Office of Special Counsel to conduct inquiries and/or issue advisory opinions.
I. 2009 Recovery Act JAG Subgrantee, Grant #09-JRA-005, $174,673.00
2009 Recovery Act Edward Byrne JAG, Award #2009-SB-B9-0261, $57,951.00
2009 Edward Byrne JAG , Application #2009-H1473-DJ, $14,372.00
Recipient: Dearborn County Government
Beneficiary: Dearborn-Ohio Counties Prosecutor’s Office Special Crimes Unit
Hatch Act Employee: Mike Kreinhop, (now) Former Detective for Dearborn-Ohio Counties Prosecutor’s Office Special Crimes Unit
Mr. Witte’s May 17, 2010 letter to the U.S. Office of Special Counsel laid out the following about Dearborn County Commissioner candidate, Shane McHenry:
“In January of 2006, the Dearborn-Ohio Counties Prosecutor’s Office in conjunction with the Dearborn County Sheriff’s Department, the Lawrenceburg Police Department, and the Aurora Police Department formed a multi-jurisdictional task force to address serious felony crimes in Dearborn County, Indiana. Operating under the name of the Dearborn County Special Crimes Unit (SCU), it is comprised of three detectives from the Dearborn County Sheriff’s Department, one detective from the Lawrenceburg Police Department, one detective from the Aurora Police Department, and two investigators from the Dearborn-Ohio Counties Prosecutor’s Office.
Detective Shane McHenry is one of the three detectives of the Dearborn County Sheriff’s Department assigned to this SCU. Although his pay is routed through the Sheriff’s Department, he is assigned to the SCU and is viewed by many as the lead detective for the unit.
Mr. McHenry was a candidate in the May 4, 2010 Republican primary election for the office of Dearborn County Commissioner. Mr. McHenry won the election over two other candidates, a Mr. Thompson and a Mr. Rowland. He is now the Republican candidate for County Commissioner in the fall election. During this election process, Mr. McHenry was a full-time employee of the Dearborn County Sheriff’s Office assigned to the SCU which was funded by at least $246,996.00 in federal grant money. Mr. McHenry continues to work for the SCU and act as the Republican candidate for County Commissioner for the November 2, 2010 general election. His campaign material referenced himself as a “Detective for … Special Crimes Unit”. He is a local officer or employee whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or Federal agency.”
The website of the U.S. Office of Special Counsel (http://www.osc.gov/haStateLocalfaq.htm) states the following:
If my candidacy is found to be in violation of the Hatch Act, can I relinquish the duties that cause me to be covered by the Hatch Act, and thus negate my violation?
Answer: No. A person is in violation of the Hatch Act when, at the time he engaged in prohibited conduct, he was covered by the Hatch Act. It has been held that candidacy begins when preliminary steps are taken to establish a candidacy, not just when a formal announcement is made. For example, canvassing voters, polling for name recognition, or meeting with campaign managers are preliminary steps taken that would be viewed as candidacy for purposes of the Hatch Act (even if a formal candidacy is not declared). If such steps are taken by someone who is covered by the Hatch Act, a violation of the Act will have occurred. A change in duties at a later time will not negate the already existing violation.
Though it appears that Mike Kreinhop resigned from his position with the SCU prior to registering to run for Dearborn County Sheriff, Mr. Kreinhop began campaigning for his election bid long before his resignation from the SCU. On March 12, 2009, the Dearborn County Public Blog posted the program information from the February 27, 2009, “Lincoln Day Dinner” which was hosted by the Dearborn County Republican Party. Appearing under the section titled “Other ads attached” were a series of advertisements from businesses and politicians including an ad stating, “Mike Kreinhop, Investigator Special Crimes Unit- for Sheriff.” [See http://dearborncounty.blogspot.com/2009/03/lincoln-day-dinner-program-info.html]
I am not a lawyer nor am I versed in legislation pertaining to the Hatch Act but G. Michael Witte made the argument that members of the Dearborn County Special Crimes Unit are subject to the Hatch Act. Although Mr. Kreinhop may not have been a member of the SCU when he officially registered as a candidate for Dearborn County Sheriff, Mr. Kreinhop used his position with the SCU in advertising for his election bid prior to his resignation. As of October 8, 2009, Mike Kreinhop still identified himself as a detective with the Dearborn County Special Crimes Unit [Go to the following link for more information on the timeframe of Mike Kreinhop’s role with the SCU http://www.youtube.com/watch?v=Es-rsxCI9gg].
It concerns me as to why County Attorney G. Michael Witte failed to include Mike Kreinhop in his letter to the U.S. Office of Special Counsel especially as it appears that Mr. Witte unilaterally decided to take this action before informing the members of the Dearborn County Board of Commissioners about the situation. I question how and when Mr. Witte discovered the alleged violations of the Hatch Act and what motivated Mr. Witte to express his concerns. The minutes from the May 17, 2010 Dearborn County Commissioners’ meeting [See http://dearborncounty.blogspot.com/2010/05/17-may-2010-dearborn-county.html] indicate that Mr. Witte felt that Brian Messmore was in violation of the Hatch Act but failed to report it until Mr. Witte felt that Mr. McHenry violated the act as well. It is worthy to note that Mr. McHenry endorsed Mr. Witte’s opponent during Mr. Witte’s failed attempt to retain his position as Dearborn Superior Court Judge in the 2008 election. Mr. Witte even made the argument that Shane McHenry “is viewed by many as the lead detective for the unit.” As a lawyer and someone who has served multiple terms as a judge in the Dearborn Superior Court, Mr. Witte is fully aware that his opinion about the public’s perception of Mr. McHenry’s “perceived” role with the SCU is irrelevant if Mr. McHenry never claimed to be the “lead detective for the unit.” Mr. Witte’s statements suggest that Mr. Witte was not just notifying the OSC about a potential Hatch violation, but Mr. Witte was attempting to build a case against Shane McHenry by including irrelevant information about Mr. Witte’s perception of what public perception may be. As “reasonable minds” may believe Mr. Witte’s actions may be self-serving and/or give the appearance of retaliation against Mr. McHenry, I am forwarding a copy of this letter to the Indiana Supreme Court Disciplinary Commission.
Please note that a portion of the above information is based on the assumption that the information maintained by the administrator of the Dearborn County Public Forum is accurate. Thank you for your attention to this matter.
Respectfully,
Daniel P. Brewington
Wednesday, June 02, 2010
1 June 2010 Dearborn County Commissioners Meeting Notes
1 June 2010 Dearborn County Commissioners Meeting Notes
Present: Ralph Thompson, President, Tom Orschell, and Jeff Hughes
Also present: Gayle Pennington, Auditor, and Jack Gay, Attorney. Witte resigned effective today (not June 7 as he previously stated) due to increased work requirements preparing for his new position in INDY.
Allen Goodman, County GOP Chair was present. Register Publications also covered this meeting.
OLD BUSINESS:
Corporate Cost Solutions- Frank Colavita- met with Thompson and Bill Ewbank a couple months ago and left material regarding their services. They typically find errors in their audits of carriers and benefits. They do 5 years- 2 past 1 current and 2 future. Carriers will send their corrections to the county. The fee for this service is 50% of what they save us. They serve 3 counties in Indiana now. Commissioners decided to engage Corporate Cost Solutions for their services. Contract signed.
Life Time Resources- Heidi Davies- grant signatures for Home repair grant of $157,970 approved in Dec 2009. Commissioners signed the document. Bill Ewbank presented the Catch a Ride annual audit statement. Commissioners signed the memorandum of understanding with them.
Tucker Development- Jeff Tucker- informed commissioners that family emergency occurred and he would be unable to attend tonight. Tabled again. [NOTE: Tucker seems to be stalling on addressing his issues with roads and bonds in his subdivisions. Commissioners may have to call the bonds or require their early renewal because of lack of time to address issues.]
NEW BUSINESS:
County Attorney appointment- Hughes stated his support for Jack Gay and motioned with Orschell 2nd to appoint Jack Gay to fill the remainder of the year. Approved.
GIS Margaret Minzner- updates included the letter sent to Sidwell to get road ROW and parcel updates completed. Sidwell wants to work with us and doesn’t want bad business. $24,000 owed still out of $400,000. The land use layer was to be delivered in mid-May. The QC (quality control) process shows accuracy is appropriate. If they get it all settled- they will do the mapping website set-up. Thompson said to give Jack Gay copies of the letter etc. Sidwell is to provide a written response to us. No deadline set for that though.
Lake Dilldear Grant Application will need some attorney review soon. They have enough to qualify for low to moderate income parameters needed. This is to get help for DCRSD sewer fix out there. [NOTE: Can the residents afford the monthly cost of sewer once it gets installed?]
Ordinance prohibiting large trucks on Kaiser Rd- Todd Listerman stated that about 3 years ago he came to commissioners with concerns on large trucks because of narrowness of bridge by Kelsey intersection and tight curve. They posted signage at Pribble and Kaiser regarding this. There is no official ordinance on this. Want one done so that sheriff’s officers can enforce this. The cost to truck companies has been large for damage to county property and also for towing and getting the trucks out. Two weeks ago there was another incident. GPS sent the trucker that way. Tickets go against their CDL license. Hoping word of mouth gets truckers to avoid it to avoid tickets. Hughes voted Nay for the ordinance- but it passed with two other commissioners voting aye.
Appraisals for Hoosier Square Property -$1,000 and $2100 for each of 2 appraisal companies approved. [NOTE: Commissioners are looking to purchase the building to help acquire needed office space for the courthouse.]
Building Commissioner appointment- Carl Fryman took position with Lawrenceburg. Bill Shelton has been filling in. Shelton was approved as Building Commissioner with Hughes motion and Orschell 2nd.
Highway Dept- Todd Listerman, Transportation Director, gave a 12 minute report:
Contract for change order for ITS system on I-275 for electrical service. Previously approved change order #1 with Greendale Utilities and now change order #2 for $639.34 for Duke energy for other location at I-275 and US 50. This will be reimbursed by federal gov’t. Approved and signed.
Approached for a sign for a deaf child on Justis Drive. Horn blowing has no effect. Wants attorney to develop a policy to be used in these cases. Approved.
Will be out Wed and Thurs for conference in Indy.
Hughes wants Listerman to explain striping and signage rules to a resident who called in. IC says rural roads are 55mph unless there is a traffic study lowering that. Upgrading signs in county to meet federal requirement by 2018. Doing a program to replace them incrementally to meet that. To get stimulus money you have to have these reflective signs.
Second intern started today to help finish sign inventory and help replace ones needed.
Council gave funding for 3000 vpd roads for striping.
Council gave funding for the 2 dump trucks and increased aggregates. They funded the purchase of millings. They funded Guilford paving along with Yorkridge.
They received funding for the RR crossing signs etc. Over $9,000 funded for this.
Listerman will be absent for next meeting due to vacation.
Chips seal is going on North Dearborn and North Hogan thru state stimulus funds. O’Mara was awarded contract on this.
State emailed that info on salt bids will be available on June 4.
Grant for salt facility on Randall approved.
Auditor – Gayle Pennington- claims approved and some minutes approved. Some tabled as Hughes hadn’t reviewed.
Attorney- Jack Gay- has ”nothing to report in his first 32 minutes of service…”
County Coordinator- Bill Ewbank- Wireless account savings with Verizon- can get a reduction in 31,000 pooled minutes and only using 17,000. Reduced it to 21,000. Net saving of $5,113 per year, with no change in actual service and 25% cushion in pooled minutes.
Courthouse Preservation Report Signature- put together by Eric Hartman and Bill Ewbank. This report is a single page questionnaire that requires one signature. Approved to sign. The Courthouse is in good shape.
David Enzweiler resigned May 10 from DCRSD and replacement needs to be a citizen of southern half of county to fill to the end of this year. Tabled to find a candidate.
Heart House request- wanted to apply for a grant for emergency housing- same as last year. Approved support signature for them to seek this.
Jeff Hughes- some road blocks set up in Bright for charity- by people who aren’t even from the county. Tabled for att’y to review request from township trustees.
Late Arrival Information- none
Public Comment: [Note: Public Comment time was not allowed at commissioner meetings when Fox and Hughes began in office in 2005. Commissioner Thompson tried to get it reinstated in 2007 and they voted it down. Thompson got another vote from newly elected Commissioner Orschell in Jan 2009 to reinstate it.]
Cathy Pierat (sp?) – from Aurora – complained about Witte not speaking to her regarding her son Shane McHenry in the parking lot after the last commissioner’s meeting. She said he would not roll down his window and put up his hand to block his view of her. She said they were friends and she was disappointed that he would not listen. [NOTE: Citizens often misunderstand the role of county attorney- he works for the commissioners and is not there to answer questions from the public, unless the commissioners direct him to do that. Obviously that couldn’t happen in the parking lot. Witte avoided all perceptions of impropriety.]
Aaron Negangard- I am here on behalf of MY employee, Bryan Messmore, who was accused by county attorney. Negangard stressed that Messmore worked for him. Wanted to know why he was not notified as his employee was involved. Negangard repeatedly asked the same questions to Commissioner Ralph Thompson, who finally said that he’d already answered that question. Negangard proceeded as if he was in court and commissioners were on the witness stand. He said that he was asking the question several times, because sometimes answers change. [ Note: Badgering the witness? Are we in court?] The upshot was that Negangard wanted to know when and what commissioners knew about the Hatch Act violations.
Thompson said that on the advice of the attorney he would not address an ongoing investigation.
Negangard wanted to know what investigation and what attorney- the former county attorney, Witte? Thompson said Yes. Thompson also indicated the investigation was the OSC investigation of Witte’s letter on Hatch Act violations. Negangard asked if Jack Gay advised that. Thompson said no- not in his first 30 or so minutes as attorney. [Note: Gay was just appointed tonight. He was present to stand in for Witte who had resigned effective June 1.]
Negangard said that Messmore was called by the OSC and that he is NOT in violation of the Hatch Act. A formal letter will follow. [NOTE: OBJECTION, your Honor, Hearsay! Let’s see- OSC calls Messmore, who tells Negangard, who tells the commissioners… isn’t that hearsay? We need to see the official letter. Negangard conspicuously avoided any mention of Shane McHenry. He also did not address whether Messmore can run in 2012 if he still works as Victim’s Advocate. He did not state the basis for the lack of violation. Was it because he was appointed and not elected? Was it because he was considered under the judicial branch and not executive/administrative? Perhaps the formal letter will address this. It would be useful to know that for future reference.]
Negangard then asked each commissioner individually to commit to telling him when there was any problem with his staff. They agreed.
[NOTE: The Hatch Act has whistleblower protection. Complaints can be made anonymously. Witte could have used that and avoided all this diatribe against him. He chose to release it publicly. Perhaps his years on the bench have taught him that people need to be forced to change. Private conversations won’t get the job done. We have a problem with what sometimes is referred to as “double dipping” (getting paid for one county job and also holding county office and getting paid for that) and “conflicts of interest” in this county. People don’t change when they see the light- they change when they feel the heat. Putting it out for the public- forces us to figure out what we are doing wrong and fix it. Humans don’t always do the right thing- particularly when it conflicts with self- interest. Public scrutiny helps keep us all in line. That’s why we have “sunshine laws” or “open door laws.” After 15 years of attending county government meetings, I think I understand why Witte chose to report his allegations the way he did. In some ways, he did the county citizens a favor. Now are we going to heed the warning or not?]
Shane McHenry- said he was clueless as to how the media knew “something good was going to happen” at the last commissioners meeting. He said Mrs. Mueller said that. He wanted commissioners to state who told the media. Commissioners did not know who told the media. McHenry said that ‘someone in this room knows.” [NOTE: McHenry has apparently received no word from the OSC yet on his alleged Hatch Act issues.]
CommissionerTom Orschell said that business will continue as usual- at end of the day “Hatch Gate” will have little effect on the day to day workings of the county. He essentially encouraged people to get back to working for the people.
Paul Messmore- introduced himself as Bryan’s father and said he warned them about Witte- why’d he get beat so bad when he ran for judge. Nobody likes him. Messmore tried to get Orschell to state that he had warned him about Witte, but Orschell said he didn’t remember that. [Note: Bryan Messmore was not present. Seems like both Messmore and McHenry have a parent to fight their battles for them. Adult children usually prefer to fight their own battles publicly. Parents need to respect their adult children and step back. These two men are running for or holding two of the highest public offices in the county. What’s with the Mom and Dad protection routine?]
Meeting adjourned at 8:10PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Ralph Thompson, President, Tom Orschell, and Jeff Hughes
Also present: Gayle Pennington, Auditor, and Jack Gay, Attorney. Witte resigned effective today (not June 7 as he previously stated) due to increased work requirements preparing for his new position in INDY.
Allen Goodman, County GOP Chair was present. Register Publications also covered this meeting.
OLD BUSINESS:
Corporate Cost Solutions- Frank Colavita- met with Thompson and Bill Ewbank a couple months ago and left material regarding their services. They typically find errors in their audits of carriers and benefits. They do 5 years- 2 past 1 current and 2 future. Carriers will send their corrections to the county. The fee for this service is 50% of what they save us. They serve 3 counties in Indiana now. Commissioners decided to engage Corporate Cost Solutions for their services. Contract signed.
Life Time Resources- Heidi Davies- grant signatures for Home repair grant of $157,970 approved in Dec 2009. Commissioners signed the document. Bill Ewbank presented the Catch a Ride annual audit statement. Commissioners signed the memorandum of understanding with them.
Tucker Development- Jeff Tucker- informed commissioners that family emergency occurred and he would be unable to attend tonight. Tabled again. [NOTE: Tucker seems to be stalling on addressing his issues with roads and bonds in his subdivisions. Commissioners may have to call the bonds or require their early renewal because of lack of time to address issues.]
NEW BUSINESS:
County Attorney appointment- Hughes stated his support for Jack Gay and motioned with Orschell 2nd to appoint Jack Gay to fill the remainder of the year. Approved.
GIS Margaret Minzner- updates included the letter sent to Sidwell to get road ROW and parcel updates completed. Sidwell wants to work with us and doesn’t want bad business. $24,000 owed still out of $400,000. The land use layer was to be delivered in mid-May. The QC (quality control) process shows accuracy is appropriate. If they get it all settled- they will do the mapping website set-up. Thompson said to give Jack Gay copies of the letter etc. Sidwell is to provide a written response to us. No deadline set for that though.
Lake Dilldear Grant Application will need some attorney review soon. They have enough to qualify for low to moderate income parameters needed. This is to get help for DCRSD sewer fix out there. [NOTE: Can the residents afford the monthly cost of sewer once it gets installed?]
Ordinance prohibiting large trucks on Kaiser Rd- Todd Listerman stated that about 3 years ago he came to commissioners with concerns on large trucks because of narrowness of bridge by Kelsey intersection and tight curve. They posted signage at Pribble and Kaiser regarding this. There is no official ordinance on this. Want one done so that sheriff’s officers can enforce this. The cost to truck companies has been large for damage to county property and also for towing and getting the trucks out. Two weeks ago there was another incident. GPS sent the trucker that way. Tickets go against their CDL license. Hoping word of mouth gets truckers to avoid it to avoid tickets. Hughes voted Nay for the ordinance- but it passed with two other commissioners voting aye.
Appraisals for Hoosier Square Property -$1,000 and $2100 for each of 2 appraisal companies approved. [NOTE: Commissioners are looking to purchase the building to help acquire needed office space for the courthouse.]
Building Commissioner appointment- Carl Fryman took position with Lawrenceburg. Bill Shelton has been filling in. Shelton was approved as Building Commissioner with Hughes motion and Orschell 2nd.
Highway Dept- Todd Listerman, Transportation Director, gave a 12 minute report:
Contract for change order for ITS system on I-275 for electrical service. Previously approved change order #1 with Greendale Utilities and now change order #2 for $639.34 for Duke energy for other location at I-275 and US 50. This will be reimbursed by federal gov’t. Approved and signed.
Approached for a sign for a deaf child on Justis Drive. Horn blowing has no effect. Wants attorney to develop a policy to be used in these cases. Approved.
Will be out Wed and Thurs for conference in Indy.
Hughes wants Listerman to explain striping and signage rules to a resident who called in. IC says rural roads are 55mph unless there is a traffic study lowering that. Upgrading signs in county to meet federal requirement by 2018. Doing a program to replace them incrementally to meet that. To get stimulus money you have to have these reflective signs.
Second intern started today to help finish sign inventory and help replace ones needed.
Council gave funding for 3000 vpd roads for striping.
Council gave funding for the 2 dump trucks and increased aggregates. They funded the purchase of millings. They funded Guilford paving along with Yorkridge.
They received funding for the RR crossing signs etc. Over $9,000 funded for this.
Listerman will be absent for next meeting due to vacation.
Chips seal is going on North Dearborn and North Hogan thru state stimulus funds. O’Mara was awarded contract on this.
State emailed that info on salt bids will be available on June 4.
Grant for salt facility on Randall approved.
Auditor – Gayle Pennington- claims approved and some minutes approved. Some tabled as Hughes hadn’t reviewed.
Attorney- Jack Gay- has ”nothing to report in his first 32 minutes of service…”
County Coordinator- Bill Ewbank- Wireless account savings with Verizon- can get a reduction in 31,000 pooled minutes and only using 17,000. Reduced it to 21,000. Net saving of $5,113 per year, with no change in actual service and 25% cushion in pooled minutes.
Courthouse Preservation Report Signature- put together by Eric Hartman and Bill Ewbank. This report is a single page questionnaire that requires one signature. Approved to sign. The Courthouse is in good shape.
David Enzweiler resigned May 10 from DCRSD and replacement needs to be a citizen of southern half of county to fill to the end of this year. Tabled to find a candidate.
Heart House request- wanted to apply for a grant for emergency housing- same as last year. Approved support signature for them to seek this.
Jeff Hughes- some road blocks set up in Bright for charity- by people who aren’t even from the county. Tabled for att’y to review request from township trustees.
Late Arrival Information- none
Public Comment: [Note: Public Comment time was not allowed at commissioner meetings when Fox and Hughes began in office in 2005. Commissioner Thompson tried to get it reinstated in 2007 and they voted it down. Thompson got another vote from newly elected Commissioner Orschell in Jan 2009 to reinstate it.]
Cathy Pierat (sp?) – from Aurora – complained about Witte not speaking to her regarding her son Shane McHenry in the parking lot after the last commissioner’s meeting. She said he would not roll down his window and put up his hand to block his view of her. She said they were friends and she was disappointed that he would not listen. [NOTE: Citizens often misunderstand the role of county attorney- he works for the commissioners and is not there to answer questions from the public, unless the commissioners direct him to do that. Obviously that couldn’t happen in the parking lot. Witte avoided all perceptions of impropriety.]
Aaron Negangard- I am here on behalf of MY employee, Bryan Messmore, who was accused by county attorney. Negangard stressed that Messmore worked for him. Wanted to know why he was not notified as his employee was involved. Negangard repeatedly asked the same questions to Commissioner Ralph Thompson, who finally said that he’d already answered that question. Negangard proceeded as if he was in court and commissioners were on the witness stand. He said that he was asking the question several times, because sometimes answers change. [ Note: Badgering the witness? Are we in court?] The upshot was that Negangard wanted to know when and what commissioners knew about the Hatch Act violations.
Thompson said that on the advice of the attorney he would not address an ongoing investigation.
Negangard wanted to know what investigation and what attorney- the former county attorney, Witte? Thompson said Yes. Thompson also indicated the investigation was the OSC investigation of Witte’s letter on Hatch Act violations. Negangard asked if Jack Gay advised that. Thompson said no- not in his first 30 or so minutes as attorney. [Note: Gay was just appointed tonight. He was present to stand in for Witte who had resigned effective June 1.]
Negangard said that Messmore was called by the OSC and that he is NOT in violation of the Hatch Act. A formal letter will follow. [NOTE: OBJECTION, your Honor, Hearsay! Let’s see- OSC calls Messmore, who tells Negangard, who tells the commissioners… isn’t that hearsay? We need to see the official letter. Negangard conspicuously avoided any mention of Shane McHenry. He also did not address whether Messmore can run in 2012 if he still works as Victim’s Advocate. He did not state the basis for the lack of violation. Was it because he was appointed and not elected? Was it because he was considered under the judicial branch and not executive/administrative? Perhaps the formal letter will address this. It would be useful to know that for future reference.]
Negangard then asked each commissioner individually to commit to telling him when there was any problem with his staff. They agreed.
[NOTE: The Hatch Act has whistleblower protection. Complaints can be made anonymously. Witte could have used that and avoided all this diatribe against him. He chose to release it publicly. Perhaps his years on the bench have taught him that people need to be forced to change. Private conversations won’t get the job done. We have a problem with what sometimes is referred to as “double dipping” (getting paid for one county job and also holding county office and getting paid for that) and “conflicts of interest” in this county. People don’t change when they see the light- they change when they feel the heat. Putting it out for the public- forces us to figure out what we are doing wrong and fix it. Humans don’t always do the right thing- particularly when it conflicts with self- interest. Public scrutiny helps keep us all in line. That’s why we have “sunshine laws” or “open door laws.” After 15 years of attending county government meetings, I think I understand why Witte chose to report his allegations the way he did. In some ways, he did the county citizens a favor. Now are we going to heed the warning or not?]
Shane McHenry- said he was clueless as to how the media knew “something good was going to happen” at the last commissioners meeting. He said Mrs. Mueller said that. He wanted commissioners to state who told the media. Commissioners did not know who told the media. McHenry said that ‘someone in this room knows.” [NOTE: McHenry has apparently received no word from the OSC yet on his alleged Hatch Act issues.]
CommissionerTom Orschell said that business will continue as usual- at end of the day “Hatch Gate” will have little effect on the day to day workings of the county. He essentially encouraged people to get back to working for the people.
Paul Messmore- introduced himself as Bryan’s father and said he warned them about Witte- why’d he get beat so bad when he ran for judge. Nobody likes him. Messmore tried to get Orschell to state that he had warned him about Witte, but Orschell said he didn’t remember that. [Note: Bryan Messmore was not present. Seems like both Messmore and McHenry have a parent to fight their battles for them. Adult children usually prefer to fight their own battles publicly. Parents need to respect their adult children and step back. These two men are running for or holding two of the highest public offices in the county. What’s with the Mom and Dad protection routine?]
Meeting adjourned at 8:10PM
Christine Brauer Mueller
Lawrenceburg Township
Tuesday, June 01, 2010
DRAFT Agenda June 1 Commissioners Meeting
AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
June 1, 2010
7:00 p.m.
Administration Building
215B West High Street, Lawrenceburg, Indiana
PLEDGE OF ALLEGIANCE
CALL TO ORDER
OLD BUSINESS
1. Corporate Cost Solutions – Frank Colavita (tabled from 4/6/10)
2. Life Time Resources – Heidi Davies
Grant signatures for grant approved in Dec. 2009
3. Tucker Development – Jeff Tucker
NEW BUSINESS
1. County Attorney Appointment
2. GIS – Margaret Minzner
a) Updates
b) Lake Dill Dear Grant Application
3. Ordinance prohibited large trucks on Kaiser Rd.
4. Appraisals for Hoosier Square Property
5. Building Commissioner Appointment
HIGHWAY DEPARTMENT – Todd Listerman
1. Updates
AUDITOR – Gayle Pennington
1. Claims/Minutes
ATTORNEY
COUNTY COORDINATOR – Bill Ewbank
1. Wireless Account Savings
2. Court House Preservation Report signature
COMMISSIONER – Jeff Hughes
COMMISSIONER – Tom Orschell
COMMISSIONER – Ralph Thompson, Jr.
LATE ARRIVAL INFORMATION
PUBLIC COMMENT
ADJOURN
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
June 1, 2010
7:00 p.m.
Administration Building
215B West High Street, Lawrenceburg, Indiana
PLEDGE OF ALLEGIANCE
CALL TO ORDER
OLD BUSINESS
1. Corporate Cost Solutions – Frank Colavita (tabled from 4/6/10)
2. Life Time Resources – Heidi Davies
Grant signatures for grant approved in Dec. 2009
3. Tucker Development – Jeff Tucker
NEW BUSINESS
1. County Attorney Appointment
2. GIS – Margaret Minzner
a) Updates
b) Lake Dill Dear Grant Application
3. Ordinance prohibited large trucks on Kaiser Rd.
4. Appraisals for Hoosier Square Property
5. Building Commissioner Appointment
HIGHWAY DEPARTMENT – Todd Listerman
1. Updates
AUDITOR – Gayle Pennington
1. Claims/Minutes
ATTORNEY
COUNTY COORDINATOR – Bill Ewbank
1. Wireless Account Savings
2. Court House Preservation Report signature
COMMISSIONER – Jeff Hughes
COMMISSIONER – Tom Orschell
COMMISSIONER – Ralph Thompson, Jr.
LATE ARRIVAL INFORMATION
PUBLIC COMMENT
ADJOURN
Wednesday, May 26, 2010
25 May 2010 Dearborn County Council Meeting Notes
25 May 2010 Dearborn County Council Meeting Notes
Present: Dennis Kraus Sr., President, Dan Lansing, Liz Morris, Tom Cheek, Maynard Barrett, Bryan Messmore, and Bill Ullrich.
Also present: Gayle Pennington, Auditor and Bill Ewbank, County Coordinator.
County Commissioner Tom Orschell was present.
Ruth Ann Batta- Sunman Dearborn Summer Arts Program – 23rd year for program- have about 130 signed up. Running 4 classes for 2 weeks. Most are from Dearborn County. Painting, drawing, sculpting, and several field trips. $2,000 was approved out of Youth Services Fund.
Greg Townsend- Special Olympics Summer Games- brought Jacob- one of the summer athletes who will be competing in the summer Olympics. 64 athletes and coaches going. Average cost is about $110 not including transportation. Total expense over $6,000. $1,000 approved from YOUTH services fund.
Cathy Piche- Director, YES Home – this year going to have a summer school program for 48 hours within the county. Total program is $5,000. $1000 approved from youth services Fund
Pat Acra- Pregnancy Care Center Quilt program- Made 35 quilts and 57 afghans from last year’s program. These are incentives to get them to go through parenting classes. $1,000 approved from youth Services Fund.
Aaron Negangard Prosecutor- Pre-trial Diversion- last year used some of this fund for special equipment. This money does not roll to county general at year end. Asking that the money unspent last year ($64,000 in there) asking for $6,400 – approved to have that amount from that fund.
Gary Hensley- Assessor- new vehicle- Due to the new 15% rule requiring inspection of every sale within 60days. There were 1147 valid sales last year. This gets the assessor out into the county with the people. Needs to purchase a vehicle- the one he has is unsafe to drive (gas leak etc) Willing to take hand me downs from sheriff’s dept. There are 15 parcels he has to inspect a day. Plans on 2 people working together for safety rules. Can do land assessment from GIS- but not improvements. He can use loaners for now- not important that he gets there fast- just that he gets there!
Form 11 was removed and he was using tax bill as the assessment notice. Now they require it be sent separately- so he has to do that also. Money will have to be back for that.
He is to come to budget with most of this and get the car from the sheriff.
Bill Black- Emergency Mgmt- set up account- no money needed. By Jan 1, 2013-per FCC- all the VHF and UHF radios they use will have to be reprogrammed or replaced. With the 800 MgHz system, they are doing a rebanding- for different stations on different bandwidth. $35 for portables and $65 for mobiles will be coming back from Sprint/Nextel. Wants to set up a fund to receive this money to use for narrow banding. Kraus was not sure they could set up an account for this- they will address at budget hearings.
Siren Maintenance fund sometimes has some left over- wants to have that rolled over so that they don’t lose it when year ends.
When they have sales and auctions- he would like anything they get for their donated equipment that gets sold could go to them. Messmore suggested they keep track of revenue and use it at budget time. Also don’t spend money just because it’s left over.
Eric Hartman- Maintenance- Overtime- requesting the balance they talked about at budget time and they told him to come back in the spring. Overtime approved out of riverboat fund.
Bill Shelton- Building Dept- wanted to transfer some money from part time to full time per Kraus. Shelton was not present. Thinks it was for money for vacation that he didn’t have money to cover- $2,000. Approved for $2,000 to move from part to full time.
Steve Renihan- DCRSD- 2 change orders- (Bob Hrezo PE and Frank Kramer, Attorney, present as were some RCRSD Board members)Renihan stated they wanted funding for a preliminary engineering study for Lake Dilldear. As it is low income they may qualify for grants. The lake is essentially becoming a lagoon with all the septic issues there. Cannot go for grant without a preliminary engineer. Ralph Thompson volunteered and others went door to door to get income survey done for the grant. Margaret Minzner is helping them apply. Huseman road Income surveys look like they are too high to qualify for a grant.
Cheek asked if the county would get hooked by IDEM for clean-up of Lake Dilldear. Renihan is hoping that won’t be an issue. The lake is probably privately owned. Cheek said that Dilldear was not supposed to be permanent housing. It was basically a campground. People live there year round. They would put the line in and run it to Dillsboro’s treatment plant. They would run an interlocal agreement with Dillsboro to operate it. Permission and funding for the preliminary treatment plant.
Renihan asked for funding for this $3,750 fee for the billing system to refund the High Ridge account after they took it out to cover it until Council could meet. Billing system will be used for more than just High Ridge.
$10,400 seed money needed for bills they need to pay due before the sewer bills get paid. Six months needed and they will pay it back.
There are some bonding bills that are due now again for June 1. $1640
Need insurance to cover the High Ridge plant for $330,000 value. Includes earthquake coverage. $1,000. All other sewer fixes were turned over to other municipalities or districts. Not High Ridge. Approved.
All change orders show they are about 12% over their estimate. He explained all the issues they ran into it as detailed at commissioners a month ago. See those notes for the particulars. No more needed- it is done. People are paying their bills- that’s a good thing. $22,954. Approved.
Huseman Road project- Council approved the preliminary engineering report last time and this is the result of that report. All houses are on lots too small to fix the septic systems. There was a house there that burned down and it couldn’t be rebuilt due to septic issue. 36,000 gal of sewage out there monthly. Low pressure to Aurora industrial park. Would prefer gravity- but too expensive. If we do pressure systems we can fix more problem areas, If we do gravity we will run out of money really fast. The cost is about two to one. They need pressure for the distance. The lift stations across US 50 need upgrades at Aurora Casket and the other one. Problem with getting under US 50 also. Costs are too high. They will go 3”on to Walston’s Trailer park, then 2” to Mt Tabor and Sharon Road. Trying not to size the line for 200 acre plot that Meierjohn had. That will allow about 40 homes there- but not the maximum buildout. They don’t want a 6” line because it will cost a lot and the developer should pay for those upgrades.
This will all get turned over to Aurora for their outside the city rate, which is about 3 times the water rate. Renihan says they should fix this. These problem areas are money losers. Most of these are lower income areas. Cheek said- there could be an issue with some people getting theirs fixed for free. Renihan- but we can’t let the raw sewage run out. Renihan says they can fix all the problem areas plus Guilford and still have about $1million left in the account that DCRSD has with the county. Life cycle costing was done on these systems. Grinder pumps are biggest maintenance costs.
Messmore wants to table this for further research. Wants to get the map. Council voted and tabling did NOT pass. Renihan said they could do just Huseman Road then. Approved with Messmore and Lansing Nay.
$10,000 contingency for DCRSD to cover until Council meets again. Approved at Kraus’s suggestion.
Lisa Taylor- Augusta Drive and Oakmont Court in Sugar Ridge Subdivision- Listerman gave background of the roads and what happened with Macke’s bankruptcy and letters of credit that lapsed. The commissioners accepted it and they are patching the utility cuts. It will be included into the regular system waiting for top surface. Estimate of $152,000 to do the topcoat. Base is stable- just no seal on it. Road count will be done on it this summer.
Lisa Taylor- represents the residents of Sugar Ridge. They have been to commissioners also. We are not a HOA- not set up that way. She provided a petition from all homeowners on Augusta and Oakmont and a few other side streets. They wanted commissioners to provide the surface coat to prevent further damage. Only one house sold in the last year. The other lots and homes are not selling because of the road. We are approaching Council for the funding to get it surfaced. Traffic for the golf course is high as also it would be when there is an accident on Stateline hill. This is NOT a position we put ourselves in. It is not our fault. Messmore says they could take $50,000 and start an account to get started on this. Morris says the county bears responsibility. The county will do as best it can to maintain the road. Kraus said the commissioners are in charge of roads- they decide when they will be done. Commissioners will have to ask Council for that money. No vote on Messmore’s suggestion.
Gayle Pennington, Auditor- approved Jan minutes with amendment from Morris. Salary adjustment and PERF- from Suellen Cauble were also presented by Pennington. Money was left at the end of the year that was not encumbered. $5140.41 moved back to PERF account for this employee. Approved.
Three other offices had similar problem with PERF. $3,962 needed to fix this. Approved. These were budgeted. This is just housekeeping.
Lost our financial comptroller at the end of the year and job description have changed. Pickens had planned to bring this. This person has increased duties. She has trained for this. $3,943 increase requested for her salary to the year’s end. Approved. This person will be doing Jessica’s old job at budget time. This person is also training the HR person. Approved.
Todd Listerman- Transportation dept- Budget and Collier Ridge Bridge- maintenance worker position open- commissioners approved but he needs council’s approval to fill this vacancy. Approved.
Seeking a grant for salt storage at Randall Avenue. They can use the other two facilities for salt/sand mixtures. This would help store salt more economically. Grant will cover the full $175,000 from Lawrenceburg Community Foundation. Asking for council to sign letter for the grant. OK
Two old accounts per Leah in Auditor’s office. One is to fix Pinhook slip- dormant since 2006. Also 132, the road bond trust. Total funds less than $3000. Just dissolve them and put money in MVHA. Approved.
Cum bridge fund got all fouled up this year. SBOA said they had to reappropriate the money. Several items needed to be redone. Total of $1,754,635. This is just repopulating the budget with what was appropriated minus some so that it fell within the budget approved amount. Has a $200,000 cushion also. Approved.
The 172 account which is Riverboat revenue for highway. I spend the previous year’s money each year. There is $550,000 of last year’s money unspent. Asking for $325,000 for millings and reclamation work. Approved.
Purchase 2 one ton dump trucks for $150,000 for subdivision snow removal. Approved from 172 account.
Line striping new rules say only have to do 6000 vpd and up. This would be less than $15,000 there are several in the 3,000 -6,000 vpd. Wants to use the 3,000 threshold this year. Hope to do 1,000 some other years. Cole Lane, Georgetown, Jamison, North Dearborn partial and part of Stateline and all of Wilson Creek. $41,000. Get almost 40% reduction in accidents with side and center stripes. Also population is aging….Approved.
$25,000 dedicated to aggregates for local road and street from 172 account. Approved.
That leaves $340,000 in the 172 account.
Every year bridges are required to be replaced. 17 bridges should have been replaced last year and this year. Three have been closed. Some are going to be replaced in a few years. Some have been designed- just waiting for money. Should be replacing two bridges annually. We are taxed at 3.3 cents per hundred. It can be maxed at 10 cents. Don’t like property taxes. This is the only avenue the state gives us. $730,000 per year. Shortridge funded tonight at $600,000 tonight. State legislators ask if we have maxed out our options yet. Have you instituted a wheel tax? Wheel tax is preferable- we get all the money from it. The county could get 41million a year if cars were $25 per car and $40 per truck. Cities would also get some of this. Council took this info under advisement.
Several PAWS members were present- no animal shelter business brought up for them.
Meeting was about to adjourn when Morris spoke up.
Liz Morris said some actions by county attorney at the commissioner meeting concerned her. She thinks personnel matter needed to be handled in an executive session. Some other Council members agreed. [NOTE: Executive session is for personnel matters. The Hatch Act violation was not about a person’s job performance. It is about whether or not they can run for office. That is a political matter. The county attorney stated at the commissioner’s meeting that he had sought legal advice on executive session or not. Legally he was advised that it was not for executive session by two attorneys.]
Bryan Messmore continued saying he had a discussion with OSC (Office of Special Counsel on the Hatch Act) on the phone. He asked the rep there for general feelings on the alleged violations. “It would appear that I would be exempt form that law because of my APPOINTMENT to Council.” That was a simple phone call. Falling under the judicial branch of gov’t exempts me from the Hatch Act. [NOTE: The spirit of the Hatch Act is to prevent political patronage jobs- the old “spoils system.” There is indeed a “loophole” for the judicial branch and the Hatch Act has rulings on judges running for office that address that. These are for State constitutions that show certain offices under the judicial branch. In our case, the Indiana State Constitution shows the prosecutor’s office under the judicial branch. The OSC will address whether or not the Victim’s Advocate Coordinator is under the prosecutor or judicial branch. If he is not under their purview, they will probably address whether the caucus elected or selected Messmore to fill Fehrman’s seat and if that is permissible under Hatch Rules. And if that is permissible- it might preclude running for office in 2012, unless the grant job changes.]
Messmore said, “I am not an attorney.” There is some question regarding the statement made there. Messmore wants to know who knew what and when. “Everyone has the same opinion of how it was handled. [Note: Who is he speaking for when he says “everyone?”]
Messmore said, “That’s the same kind of BS that the people are tired of. The way it was handled puts us at risk for grants.” [NOTE: The act(s) in violation put us at risk for grants. If Johnny steals a cookie from the cookie jar and his brother tells Mom, who is at fault? Killing the messenger does not change the fact that we are at risk for grants. If Messmore is so sure of his innocence, then why is he and the whole Council worried about the county being at risk of losing our federal grants?]
Messmore concluded saying, “I intend to forward my comments to appropriate authorities.”
[NOTE: Under Indiana Constitution, the Sheriff’s Office is under the Executive/Administrative branch and is subject to the Hatch Act. Mike Kreinhop resigned from SCU before running for sheriff. McHenry did not, when he ran for Commissioner. It was also notable that the county Prosecutor, Aaron Negangard, and the County GOP Chairman, Allen Goodman, stayed for the entire meeting.
The political patronage system is alive and well in Dearborn County. Those who are loyal to the party leaders get jobs- some of which are paid for by federal grants. Trying to tuck all the problems out of sight is likely to get us all in trouble. Anyone who has ever picked up a seemingly intact log in the woods to find all the little critters living on the rot beneath it, know what happens if the old wood isn’t cleaned out. I would bet we start vetting our candidates more carefully before the next election. Sunshine is the best disinfectant. This issue needs to stay out in the light at public meeting(s).]
Meeting adjourned 10:10 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Dennis Kraus Sr., President, Dan Lansing, Liz Morris, Tom Cheek, Maynard Barrett, Bryan Messmore, and Bill Ullrich.
Also present: Gayle Pennington, Auditor and Bill Ewbank, County Coordinator.
County Commissioner Tom Orschell was present.
Ruth Ann Batta- Sunman Dearborn Summer Arts Program – 23rd year for program- have about 130 signed up. Running 4 classes for 2 weeks. Most are from Dearborn County. Painting, drawing, sculpting, and several field trips. $2,000 was approved out of Youth Services Fund.
Greg Townsend- Special Olympics Summer Games- brought Jacob- one of the summer athletes who will be competing in the summer Olympics. 64 athletes and coaches going. Average cost is about $110 not including transportation. Total expense over $6,000. $1,000 approved from YOUTH services fund.
Cathy Piche- Director, YES Home – this year going to have a summer school program for 48 hours within the county. Total program is $5,000. $1000 approved from youth services Fund
Pat Acra- Pregnancy Care Center Quilt program- Made 35 quilts and 57 afghans from last year’s program. These are incentives to get them to go through parenting classes. $1,000 approved from youth Services Fund.
Aaron Negangard Prosecutor- Pre-trial Diversion- last year used some of this fund for special equipment. This money does not roll to county general at year end. Asking that the money unspent last year ($64,000 in there) asking for $6,400 – approved to have that amount from that fund.
Gary Hensley- Assessor- new vehicle- Due to the new 15% rule requiring inspection of every sale within 60days. There were 1147 valid sales last year. This gets the assessor out into the county with the people. Needs to purchase a vehicle- the one he has is unsafe to drive (gas leak etc) Willing to take hand me downs from sheriff’s dept. There are 15 parcels he has to inspect a day. Plans on 2 people working together for safety rules. Can do land assessment from GIS- but not improvements. He can use loaners for now- not important that he gets there fast- just that he gets there!
Form 11 was removed and he was using tax bill as the assessment notice. Now they require it be sent separately- so he has to do that also. Money will have to be back for that.
He is to come to budget with most of this and get the car from the sheriff.
Bill Black- Emergency Mgmt- set up account- no money needed. By Jan 1, 2013-per FCC- all the VHF and UHF radios they use will have to be reprogrammed or replaced. With the 800 MgHz system, they are doing a rebanding- for different stations on different bandwidth. $35 for portables and $65 for mobiles will be coming back from Sprint/Nextel. Wants to set up a fund to receive this money to use for narrow banding. Kraus was not sure they could set up an account for this- they will address at budget hearings.
Siren Maintenance fund sometimes has some left over- wants to have that rolled over so that they don’t lose it when year ends.
When they have sales and auctions- he would like anything they get for their donated equipment that gets sold could go to them. Messmore suggested they keep track of revenue and use it at budget time. Also don’t spend money just because it’s left over.
Eric Hartman- Maintenance- Overtime- requesting the balance they talked about at budget time and they told him to come back in the spring. Overtime approved out of riverboat fund.
Bill Shelton- Building Dept- wanted to transfer some money from part time to full time per Kraus. Shelton was not present. Thinks it was for money for vacation that he didn’t have money to cover- $2,000. Approved for $2,000 to move from part to full time.
Steve Renihan- DCRSD- 2 change orders- (Bob Hrezo PE and Frank Kramer, Attorney, present as were some RCRSD Board members)Renihan stated they wanted funding for a preliminary engineering study for Lake Dilldear. As it is low income they may qualify for grants. The lake is essentially becoming a lagoon with all the septic issues there. Cannot go for grant without a preliminary engineer. Ralph Thompson volunteered and others went door to door to get income survey done for the grant. Margaret Minzner is helping them apply. Huseman road Income surveys look like they are too high to qualify for a grant.
Cheek asked if the county would get hooked by IDEM for clean-up of Lake Dilldear. Renihan is hoping that won’t be an issue. The lake is probably privately owned. Cheek said that Dilldear was not supposed to be permanent housing. It was basically a campground. People live there year round. They would put the line in and run it to Dillsboro’s treatment plant. They would run an interlocal agreement with Dillsboro to operate it. Permission and funding for the preliminary treatment plant.
Renihan asked for funding for this $3,750 fee for the billing system to refund the High Ridge account after they took it out to cover it until Council could meet. Billing system will be used for more than just High Ridge.
$10,400 seed money needed for bills they need to pay due before the sewer bills get paid. Six months needed and they will pay it back.
There are some bonding bills that are due now again for June 1. $1640
Need insurance to cover the High Ridge plant for $330,000 value. Includes earthquake coverage. $1,000. All other sewer fixes were turned over to other municipalities or districts. Not High Ridge. Approved.
All change orders show they are about 12% over their estimate. He explained all the issues they ran into it as detailed at commissioners a month ago. See those notes for the particulars. No more needed- it is done. People are paying their bills- that’s a good thing. $22,954. Approved.
Huseman Road project- Council approved the preliminary engineering report last time and this is the result of that report. All houses are on lots too small to fix the septic systems. There was a house there that burned down and it couldn’t be rebuilt due to septic issue. 36,000 gal of sewage out there monthly. Low pressure to Aurora industrial park. Would prefer gravity- but too expensive. If we do pressure systems we can fix more problem areas, If we do gravity we will run out of money really fast. The cost is about two to one. They need pressure for the distance. The lift stations across US 50 need upgrades at Aurora Casket and the other one. Problem with getting under US 50 also. Costs are too high. They will go 3”on to Walston’s Trailer park, then 2” to Mt Tabor and Sharon Road. Trying not to size the line for 200 acre plot that Meierjohn had. That will allow about 40 homes there- but not the maximum buildout. They don’t want a 6” line because it will cost a lot and the developer should pay for those upgrades.
This will all get turned over to Aurora for their outside the city rate, which is about 3 times the water rate. Renihan says they should fix this. These problem areas are money losers. Most of these are lower income areas. Cheek said- there could be an issue with some people getting theirs fixed for free. Renihan- but we can’t let the raw sewage run out. Renihan says they can fix all the problem areas plus Guilford and still have about $1million left in the account that DCRSD has with the county. Life cycle costing was done on these systems. Grinder pumps are biggest maintenance costs.
Messmore wants to table this for further research. Wants to get the map. Council voted and tabling did NOT pass. Renihan said they could do just Huseman Road then. Approved with Messmore and Lansing Nay.
$10,000 contingency for DCRSD to cover until Council meets again. Approved at Kraus’s suggestion.
Lisa Taylor- Augusta Drive and Oakmont Court in Sugar Ridge Subdivision- Listerman gave background of the roads and what happened with Macke’s bankruptcy and letters of credit that lapsed. The commissioners accepted it and they are patching the utility cuts. It will be included into the regular system waiting for top surface. Estimate of $152,000 to do the topcoat. Base is stable- just no seal on it. Road count will be done on it this summer.
Lisa Taylor- represents the residents of Sugar Ridge. They have been to commissioners also. We are not a HOA- not set up that way. She provided a petition from all homeowners on Augusta and Oakmont and a few other side streets. They wanted commissioners to provide the surface coat to prevent further damage. Only one house sold in the last year. The other lots and homes are not selling because of the road. We are approaching Council for the funding to get it surfaced. Traffic for the golf course is high as also it would be when there is an accident on Stateline hill. This is NOT a position we put ourselves in. It is not our fault. Messmore says they could take $50,000 and start an account to get started on this. Morris says the county bears responsibility. The county will do as best it can to maintain the road. Kraus said the commissioners are in charge of roads- they decide when they will be done. Commissioners will have to ask Council for that money. No vote on Messmore’s suggestion.
Gayle Pennington, Auditor- approved Jan minutes with amendment from Morris. Salary adjustment and PERF- from Suellen Cauble were also presented by Pennington. Money was left at the end of the year that was not encumbered. $5140.41 moved back to PERF account for this employee. Approved.
Three other offices had similar problem with PERF. $3,962 needed to fix this. Approved. These were budgeted. This is just housekeeping.
Lost our financial comptroller at the end of the year and job description have changed. Pickens had planned to bring this. This person has increased duties. She has trained for this. $3,943 increase requested for her salary to the year’s end. Approved. This person will be doing Jessica’s old job at budget time. This person is also training the HR person. Approved.
Todd Listerman- Transportation dept- Budget and Collier Ridge Bridge- maintenance worker position open- commissioners approved but he needs council’s approval to fill this vacancy. Approved.
Seeking a grant for salt storage at Randall Avenue. They can use the other two facilities for salt/sand mixtures. This would help store salt more economically. Grant will cover the full $175,000 from Lawrenceburg Community Foundation. Asking for council to sign letter for the grant. OK
Two old accounts per Leah in Auditor’s office. One is to fix Pinhook slip- dormant since 2006. Also 132, the road bond trust. Total funds less than $3000. Just dissolve them and put money in MVHA. Approved.
Cum bridge fund got all fouled up this year. SBOA said they had to reappropriate the money. Several items needed to be redone. Total of $1,754,635. This is just repopulating the budget with what was appropriated minus some so that it fell within the budget approved amount. Has a $200,000 cushion also. Approved.
The 172 account which is Riverboat revenue for highway. I spend the previous year’s money each year. There is $550,000 of last year’s money unspent. Asking for $325,000 for millings and reclamation work. Approved.
Purchase 2 one ton dump trucks for $150,000 for subdivision snow removal. Approved from 172 account.
Line striping new rules say only have to do 6000 vpd and up. This would be less than $15,000 there are several in the 3,000 -6,000 vpd. Wants to use the 3,000 threshold this year. Hope to do 1,000 some other years. Cole Lane, Georgetown, Jamison, North Dearborn partial and part of Stateline and all of Wilson Creek. $41,000. Get almost 40% reduction in accidents with side and center stripes. Also population is aging….Approved.
$25,000 dedicated to aggregates for local road and street from 172 account. Approved.
That leaves $340,000 in the 172 account.
Every year bridges are required to be replaced. 17 bridges should have been replaced last year and this year. Three have been closed. Some are going to be replaced in a few years. Some have been designed- just waiting for money. Should be replacing two bridges annually. We are taxed at 3.3 cents per hundred. It can be maxed at 10 cents. Don’t like property taxes. This is the only avenue the state gives us. $730,000 per year. Shortridge funded tonight at $600,000 tonight. State legislators ask if we have maxed out our options yet. Have you instituted a wheel tax? Wheel tax is preferable- we get all the money from it. The county could get 41million a year if cars were $25 per car and $40 per truck. Cities would also get some of this. Council took this info under advisement.
Several PAWS members were present- no animal shelter business brought up for them.
Meeting was about to adjourn when Morris spoke up.
Liz Morris said some actions by county attorney at the commissioner meeting concerned her. She thinks personnel matter needed to be handled in an executive session. Some other Council members agreed. [NOTE: Executive session is for personnel matters. The Hatch Act violation was not about a person’s job performance. It is about whether or not they can run for office. That is a political matter. The county attorney stated at the commissioner’s meeting that he had sought legal advice on executive session or not. Legally he was advised that it was not for executive session by two attorneys.]
Bryan Messmore continued saying he had a discussion with OSC (Office of Special Counsel on the Hatch Act) on the phone. He asked the rep there for general feelings on the alleged violations. “It would appear that I would be exempt form that law because of my APPOINTMENT to Council.” That was a simple phone call. Falling under the judicial branch of gov’t exempts me from the Hatch Act. [NOTE: The spirit of the Hatch Act is to prevent political patronage jobs- the old “spoils system.” There is indeed a “loophole” for the judicial branch and the Hatch Act has rulings on judges running for office that address that. These are for State constitutions that show certain offices under the judicial branch. In our case, the Indiana State Constitution shows the prosecutor’s office under the judicial branch. The OSC will address whether or not the Victim’s Advocate Coordinator is under the prosecutor or judicial branch. If he is not under their purview, they will probably address whether the caucus elected or selected Messmore to fill Fehrman’s seat and if that is permissible under Hatch Rules. And if that is permissible- it might preclude running for office in 2012, unless the grant job changes.]
Messmore said, “I am not an attorney.” There is some question regarding the statement made there. Messmore wants to know who knew what and when. “Everyone has the same opinion of how it was handled. [Note: Who is he speaking for when he says “everyone?”]
Messmore said, “That’s the same kind of BS that the people are tired of. The way it was handled puts us at risk for grants.” [NOTE: The act(s) in violation put us at risk for grants. If Johnny steals a cookie from the cookie jar and his brother tells Mom, who is at fault? Killing the messenger does not change the fact that we are at risk for grants. If Messmore is so sure of his innocence, then why is he and the whole Council worried about the county being at risk of losing our federal grants?]
Messmore concluded saying, “I intend to forward my comments to appropriate authorities.”
[NOTE: Under Indiana Constitution, the Sheriff’s Office is under the Executive/Administrative branch and is subject to the Hatch Act. Mike Kreinhop resigned from SCU before running for sheriff. McHenry did not, when he ran for Commissioner. It was also notable that the county Prosecutor, Aaron Negangard, and the County GOP Chairman, Allen Goodman, stayed for the entire meeting.
The political patronage system is alive and well in Dearborn County. Those who are loyal to the party leaders get jobs- some of which are paid for by federal grants. Trying to tuck all the problems out of sight is likely to get us all in trouble. Anyone who has ever picked up a seemingly intact log in the woods to find all the little critters living on the rot beneath it, know what happens if the old wood isn’t cleaned out. I would bet we start vetting our candidates more carefully before the next election. Sunshine is the best disinfectant. This issue needs to stay out in the light at public meeting(s).]
Meeting adjourned 10:10 PM
Christine Brauer Mueller
Lawrenceburg Township
Tuesday, May 25, 2010
Per Indiana Code: Defeated Primary Candidates Ineligible to Run for Same Office in General Election
IC 3-8-1-5.5
Candidates defeated in primary or nomination process; ineligibility
Sec. 5.5. (a) Except as provided in IC 3-13-1-19 and IC 3-13-2-10 for filling a vacancy on a ticket, a person who:
(1) is defeated in a primary election;
(2) appears as a candidate for nomination at a convention and is defeated;
(3) files a declaration of candidacy for nomination by a county, city, or town convention and is defeated; or
(4) files a declaration of candidacy for nomination by a caucus conducted under IC 3-13-1 or IC 3-13-2 and is defeated;
is not eligible to become a candidate for the same office in the next general or municipal election.
(b) For the purposes of subsection (a):
(1) a candidate for an at-large seat on a fiscal body is considered a candidate for the same office as a candidate for a district seat on a fiscal body; and
(2) a candidate for United States representative from a district in Indiana is considered a candidate for the same office as a candidate for any other congressional district in Indiana.
(c) This section does not apply to a candidate who files a written request for placement on the presidential primary ballot under IC 3-8-3.
As added by P.L.10-1988, SEC.30. Amended by P.L.3-1997, SEC.115; P.L.38-1999, SEC.22; P.L.176-1999, SEC.27.
Candidates defeated in primary or nomination process; ineligibility
Sec. 5.5. (a) Except as provided in IC 3-13-1-19 and IC 3-13-2-10 for filling a vacancy on a ticket, a person who:
(1) is defeated in a primary election;
(2) appears as a candidate for nomination at a convention and is defeated;
(3) files a declaration of candidacy for nomination by a county, city, or town convention and is defeated; or
(4) files a declaration of candidacy for nomination by a caucus conducted under IC 3-13-1 or IC 3-13-2 and is defeated;
is not eligible to become a candidate for the same office in the next general or municipal election.
(b) For the purposes of subsection (a):
(1) a candidate for an at-large seat on a fiscal body is considered a candidate for the same office as a candidate for a district seat on a fiscal body; and
(2) a candidate for United States representative from a district in Indiana is considered a candidate for the same office as a candidate for any other congressional district in Indiana.
(c) This section does not apply to a candidate who files a written request for placement on the presidential primary ballot under IC 3-8-3.
As added by P.L.10-1988, SEC.30. Amended by P.L.3-1997, SEC.115; P.L.38-1999, SEC.22; P.L.176-1999, SEC.27.
Monday, May 24, 2010
24 May 2010 Dearborn County Plan Commission Meeting Notes
24 May 2010 Dearborn County Plan Commission Meeting Notes
Present: Mike Hall, Chairman, Dennis Kraus Jr., Russell Beiersdorfer, Mark Lehman, Mike Hornbach, Ralph Thompson, Dan Lansing, Jake Hoog, and Ken Nelson.
Also Present: Mark McCormack, Plan Director, and Arnie McGill, Attorney.
ADMINISTRATIVE:
McCormack presented the commissioner’s request that they remove letters of credit from the ordinance. McCormack had contacted other counties to see what they do regarding bonding. Mike Hornbach also did some research on this and they gave copies to all members. [NOTE: The letter of credit should have been IRREVOCABLE. Bonds have to be for a term sufficient to cover the development timetable. They may be automatically renewing in some cases until released by the county. Perhaps the attorney needs to draw up a contract that assures that the bond or other instrument stays intact until the development is accepted and improvements are completed.]
There was a variety of methods that counties used to assure financial security. Franklin County had a sugar Ridge situation, but the commissioners in that case did not accept those roads. Hamilton County Indiana has managed their cases and never got into this. Lawrenceburg has had a couple situations like that but have not accepted those improvements yet. Some have mentioned having trouble dealing with insurance companies. Some have trouble dealing with local banks too. Only a couple didn’t accept bonds. Some counties have escrow accounts, cashier’s checks, or cash bonds.
Official notice to PC will come from Commissioners at their June 1 meeting and that gives 60 days to PC to get the ordinance hearing etc. completed.
Thompson also reported that commissioners also accepted Augusta and Oakmont in Sugar Ridge “as is.” McCormack noted that the other improvements like drainage and bike path were not part of this. Maintenance of the roads would be for snow removal and repair of potholes. There are no plans to surface it.
Old Orchard Hill Phase II – Tucker said he will have a fix by June 21 tech review meeting for this. They will also submit an approved schedule of repairs by Aug 2. Bond expires on Sept 2. Tucker will be in PC meeting June 28 for Laurel Valley for a waiver. The roads meet the county spec- they just don’t meet the plans that were approved. He is still working on Seldom Seen. That is the one the PZ staff expects to have the most trouble with.
Deep patching worst spots, paying $10,000, and working out some ROW deal for Stateline was what Tucker proposed at PZ tech meeting as an option. PC was not inclined to get involved in that deal. That’s the commissioner’s decision. Tucker has not come to either commissioner meeting- he sent Jay to one and the lawyer, Watson to the other.
The only other expirations besides Tucker’s this year are Morgan’s Ridge in December.
Last item to consider was related to the changes we were talking about in the zoning ordinance and districts.
McCormack asked if they could get a committee together for this. Out of the 50 plus people on advisory board and 23 were willing to be included on special committee. He asked if the PC wanted to have all of these people. Kraus, Jr. said all 3 commissioners should be included. Board said they might want to get PC/BZA and about 7 more members on this steering committee. They will need to commit to being prepared for each meeting- not just showing up. These will probably be July or later.
MCormack wanted to see if the board wanted to include parking, signage, and landscaping included in EACH zoning district. Currently it’s a separate section. Board seemed to want to leave it the way it is. The users of the ordinance are used to it this way. It is also easier to revise ONE section and not have to go thru changes in each district.
Kraus, Jr. said that he spoke to someone who was concerned about our landscaping requirements. He wants to come in and speak to them about it sometime. He was not available tonight. McCormack was also concerned with getting an appropriate plant list for our area.
Performance based zoning materials will be provided to PC members by staff.
McCormack will be out of the office for 2 weeks in June for vacation.
Kraus Jr. asked about getting a landscape architect to design some sample buffer yards for our ordinance. Expense was an issue. Seeing if they can get a college dept to use it as a project for “free.”
Meeting adjourned at 8:20 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Mike Hall, Chairman, Dennis Kraus Jr., Russell Beiersdorfer, Mark Lehman, Mike Hornbach, Ralph Thompson, Dan Lansing, Jake Hoog, and Ken Nelson.
Also Present: Mark McCormack, Plan Director, and Arnie McGill, Attorney.
ADMINISTRATIVE:
McCormack presented the commissioner’s request that they remove letters of credit from the ordinance. McCormack had contacted other counties to see what they do regarding bonding. Mike Hornbach also did some research on this and they gave copies to all members. [NOTE: The letter of credit should have been IRREVOCABLE. Bonds have to be for a term sufficient to cover the development timetable. They may be automatically renewing in some cases until released by the county. Perhaps the attorney needs to draw up a contract that assures that the bond or other instrument stays intact until the development is accepted and improvements are completed.]
There was a variety of methods that counties used to assure financial security. Franklin County had a sugar Ridge situation, but the commissioners in that case did not accept those roads. Hamilton County Indiana has managed their cases and never got into this. Lawrenceburg has had a couple situations like that but have not accepted those improvements yet. Some have mentioned having trouble dealing with insurance companies. Some have trouble dealing with local banks too. Only a couple didn’t accept bonds. Some counties have escrow accounts, cashier’s checks, or cash bonds.
Official notice to PC will come from Commissioners at their June 1 meeting and that gives 60 days to PC to get the ordinance hearing etc. completed.
Thompson also reported that commissioners also accepted Augusta and Oakmont in Sugar Ridge “as is.” McCormack noted that the other improvements like drainage and bike path were not part of this. Maintenance of the roads would be for snow removal and repair of potholes. There are no plans to surface it.
Old Orchard Hill Phase II – Tucker said he will have a fix by June 21 tech review meeting for this. They will also submit an approved schedule of repairs by Aug 2. Bond expires on Sept 2. Tucker will be in PC meeting June 28 for Laurel Valley for a waiver. The roads meet the county spec- they just don’t meet the plans that were approved. He is still working on Seldom Seen. That is the one the PZ staff expects to have the most trouble with.
Deep patching worst spots, paying $10,000, and working out some ROW deal for Stateline was what Tucker proposed at PZ tech meeting as an option. PC was not inclined to get involved in that deal. That’s the commissioner’s decision. Tucker has not come to either commissioner meeting- he sent Jay to one and the lawyer, Watson to the other.
The only other expirations besides Tucker’s this year are Morgan’s Ridge in December.
Last item to consider was related to the changes we were talking about in the zoning ordinance and districts.
McCormack asked if they could get a committee together for this. Out of the 50 plus people on advisory board and 23 were willing to be included on special committee. He asked if the PC wanted to have all of these people. Kraus, Jr. said all 3 commissioners should be included. Board said they might want to get PC/BZA and about 7 more members on this steering committee. They will need to commit to being prepared for each meeting- not just showing up. These will probably be July or later.
MCormack wanted to see if the board wanted to include parking, signage, and landscaping included in EACH zoning district. Currently it’s a separate section. Board seemed to want to leave it the way it is. The users of the ordinance are used to it this way. It is also easier to revise ONE section and not have to go thru changes in each district.
Kraus, Jr. said that he spoke to someone who was concerned about our landscaping requirements. He wants to come in and speak to them about it sometime. He was not available tonight. McCormack was also concerned with getting an appropriate plant list for our area.
Performance based zoning materials will be provided to PC members by staff.
McCormack will be out of the office for 2 weeks in June for vacation.
Kraus Jr. asked about getting a landscape architect to design some sample buffer yards for our ordinance. Expense was an issue. Seeing if they can get a college dept to use it as a project for “free.”
Meeting adjourned at 8:20 PM
Christine Brauer Mueller
Lawrenceburg Township
Wednesday, May 19, 2010
Shane McHenry Responds to Hatch Act Violations
For more information on both sides of this issue, please see the Thursday edition ( May 20) of the Dearborn County Register.
Shane McHenry response to alleged violations of the Hatch Act by G. Michael Witte
Last night at the Dearborn County Commissioners meeting, I was shocked when the County Attorney Michael Witte alleged that I violated the Federal Hatch Act. As an employee of the county, I find it concerning that an attorney that represents the county chose to allege wrongdoings of county employees at a public meeting without notice to the employees. Unfortunately, this was the first time that I had heard of the alleged violation. I later found out that County Attorney Witte, never even contacted my employer, whom I answer to, the Dearborn County Sheriff. I can assure all my supporters that I am not in violation of the Hatch Act. My salary is not paid by any federal funds, I do not supervise anyone whose salary is paid by federal funds and I am not the administrator of any federal grants. Again, I am not in violation of the Hatch Act and I want the citizens to know that I am not stepping down and plan to continue forward as the Republican Nominee for County Commissioner District 3. I attempted to politely address this issue with County Attorney Witte after the meeting when I asked him if I could have a minute. Witte rudely replied, “I don’t have anything to say to you.” Obviously this is concerning when I need to ask the county attorney a question and he refuses to speak with me. I can’t help but feel that County Attorney Witte is holding a personal grudge against me which has caused him to use such poor judgment. This situation was handled poorly by a man who was hired to represent the County but clearly has another agenda. I ran for political office to restore integrity to county government and that is what I intend to do by removing the negativity used by some that are more concerned about themselves than the people they represent. On Election Day, the people of this County spoke loud and clear that they are not happy with the current administration. This is due in large part to the fact that the current leadership clearly has forgotten who they are there to serve. Last night, was a clear demonstration why we need new leadership. As your Commissioner, I will never forget that I am there to serve the people of this County.
Sincerely,
Shane McHenry
Shane McHenry response to alleged violations of the Hatch Act by G. Michael Witte
Last night at the Dearborn County Commissioners meeting, I was shocked when the County Attorney Michael Witte alleged that I violated the Federal Hatch Act. As an employee of the county, I find it concerning that an attorney that represents the county chose to allege wrongdoings of county employees at a public meeting without notice to the employees. Unfortunately, this was the first time that I had heard of the alleged violation. I later found out that County Attorney Witte, never even contacted my employer, whom I answer to, the Dearborn County Sheriff. I can assure all my supporters that I am not in violation of the Hatch Act. My salary is not paid by any federal funds, I do not supervise anyone whose salary is paid by federal funds and I am not the administrator of any federal grants. Again, I am not in violation of the Hatch Act and I want the citizens to know that I am not stepping down and plan to continue forward as the Republican Nominee for County Commissioner District 3. I attempted to politely address this issue with County Attorney Witte after the meeting when I asked him if I could have a minute. Witte rudely replied, “I don’t have anything to say to you.” Obviously this is concerning when I need to ask the county attorney a question and he refuses to speak with me. I can’t help but feel that County Attorney Witte is holding a personal grudge against me which has caused him to use such poor judgment. This situation was handled poorly by a man who was hired to represent the County but clearly has another agenda. I ran for political office to restore integrity to county government and that is what I intend to do by removing the negativity used by some that are more concerned about themselves than the people they represent. On Election Day, the people of this County spoke loud and clear that they are not happy with the current administration. This is due in large part to the fact that the current leadership clearly has forgotten who they are there to serve. Last night, was a clear demonstration why we need new leadership. As your Commissioner, I will never forget that I am there to serve the people of this County.
Sincerely,
Shane McHenry
After An Unwelcome Message Is Delivered...
What happens to one's social life and employment when one brings up an ethical point that NOBODY wants to hear. Hmmmmmm???
It's best to at LEAST have other job prospects when doing such a thing, particularly if there is a family to support. You're hearing from the voice of Experience.
This voice suspects that obligations of a family provider probably have more to do with the timing of Mike Witte's announcement than any individual politics.
Could it be that only ONE lawyer type person understood which regulations constrain the recipients of federal grants?? Could it be that none of the grant applicants had a Clue about the Hatch Acts??
Do our public servants know what they're doing?
It appears that money will be unnecessarily going down the drain, because of failure to read the fine print attendant with the federal "largess" showered upon the county.
Perhaps the citizens should feel lucky if Mike Witte revealed compliance issues with the federal grant regulations before it is too late.
K Brauer
LBG Township
It's best to at LEAST have other job prospects when doing such a thing, particularly if there is a family to support. You're hearing from the voice of Experience.
This voice suspects that obligations of a family provider probably have more to do with the timing of Mike Witte's announcement than any individual politics.
Could it be that only ONE lawyer type person understood which regulations constrain the recipients of federal grants?? Could it be that none of the grant applicants had a Clue about the Hatch Acts??
Do our public servants know what they're doing?
It appears that money will be unnecessarily going down the drain, because of failure to read the fine print attendant with the federal "largess" showered upon the county.
Perhaps the citizens should feel lucky if Mike Witte revealed compliance issues with the federal grant regulations before it is too late.
K Brauer
LBG Township
Tuesday, May 18, 2010
WITTE'S LETTER TO HATCH ACT UNIT U.S. OFFICE OF SPECIAL COUNSEL
WITTE'S LETTER TO HATCH ACT UNIT U.S. OFFICE OF SPECIAL COUNSEL
G. Michael Witte
Attorney at Law
Registered Mediator American Bar Association
Chair-elect, American Bar Association Judicial Division National Asian Pacific American Bar Association
Past Chair, ABA Judicial Division Standing Committee on Indiana State Bar Association
Minorities in the Judiciary Fellow of the American Bar Foundation
May 17, 2010
Ms. Carolyn S. Martorana
Attorney, Hatch Act Unit
U.S. Office of Special Counsel
1730 M Street, N.W. Suite 218
Washington, D.C. 20036
Re: Request for Hatch Act inquiry or advisory opinion
Dear Ms. Martorana:
In my capacity as County Attorney for the Dearborn County Board of Commissioners, and on their behalf, I must advise you that Dearborn County, Indiana might be out of compliance with several federal grant contracts of which we are the recipient. Specifically, I believe we are non-compliant with the Hatch Act provisions of several grants. It is the intent of this self-reporting letter to notify you of our internal review and to let your office act accordingly. I understand that the act of questioning election candidacies does not rest within our authority, but rather with the Office of Special Counsel and the U.S. Merit Systems Protection Board, or with our state election board and judicial review process.
The purported non-compliance scenarios are outlined below. I ask for the Office of Special Counsel to conduct inquiries and/or issue advisory opinions.
I. Victims of Crime Act (VOCA), Grant #09VA023, $80,116.00
Recipient: Dearborn County Government
Beneficiary: Dearborn-Ohio Counties Prosecutor’s Office
Hatch Act Employee: Bryan Messmore, Dearborn-Ohio Counties Prosecutor Victim Advocate Coordinator and Dearborn County Council member
Mr. Messmore’s salary and benefits totaling $50,988.0 are funded by a VOCA grant awarded through the Indiana Criminal Justice Institute. In late 2009 or early 2010 Mr. Messmore was elected to the Dearborn County Council through a special election. The election was by a caucus of the Republican Party Central Committee to fill a mid-term vacancy caused by an incumbent councilman resigning his office. Mr. Messmore competed in a contested election with at least two other candidates, a Mr. Schmitts and a Mr. Baker.
During this election process, Mr. Messmore was a full-time employee of the Dearborn County Prosecutor’s Office whose salary was funded by a federal grant. Mr. Messmore continues to serve the dual role of councilman and Victim Advocate Coordinator under VOCA funding. He is a local officer or employee whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or Federal agency.
II. 2009 Recovery Act JAG Subgrantee, Grant #09-JRA-005, $174,673.00
2009 Recovery Act Edward Byrne JAG, Award #2009-SB-B9-0261, $57,951.00
2009 Edward Byrne JAG , Application #2009-H1473-DJ, $14,372.00
Recipient: Dearborn County Government
Beneficiary: Dearborn-Ohio Counties Prosecutor’s Office Special Crimes Unit
Hatch Act Employee: Shane McHenry, Detective for Dearborn-Ohio Counties Prosecutor’s Office Special Crimes Unit
In January of 2006, the Dearborn-Ohio Counties Prosecutor’s Office in conjunction with the Dearborn County Sheriff’s Department, the Lawrenceburg Police Department, and the Aurora Police Department formed a multi-jurisdictional task force to address serious felony crimes in Dearborn County, Indiana. Operating under the name of the Dearborn County Special Crimes Unit (SCU), it is comprised of three detectives from the Dearborn County Sheriff’s Department, one detective from the Lawrenceburg Police Department, one detective from the Aurora Police Department, and two investigators from the Dearborn-Ohio Counties Prosecutor’s Office.
Detective Shane McHenry is one of the three detectives of the Dearborn County Sheriff’s Department assigned to this SCU. Although his pay is routed through the Sheriff’s Department, he is assigned to the SCU and is viewed by many as the lead detective for the unit.
Mr. McHenry was a candidate in the May 4, 2010 Republican primary election for the office of Dearborn County Commissioner. Mr. McHenry won the election over two other candidates, a Mr. Thompson and a Mr. Rowland. He is now the Republican candidate for County Commissioner in the fall election. During this election process, Mr. McHenry was a full-time employee of the Dearborn County Sheriff’s Office assigned to the SCU which was funded by at least $246,996.00 in federal grant money. Mr. McHenry continues to work for the SCU and act as the Republican candidate for County Commissioner for the November 2, 2010 general election. His campaign material referenced himself as a “Detective for … Special Crimes Unit”. He is a local officer or employee whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or Federal agency.
After June 18, my contact information will change to the following:
G. Michael Witte, Executive Secretary
Indiana Supreme Court Disciplinary Commission
30 South Meridian Street, Suite 850
Indianapolis, IN 46204
I will no longer be serving as Dearborn County Attorney, but I will be available for any discussion on these issues if necessary. Attached to this letter is contact information if needed. Thank you for your attention to this matter.
Respectfully,
G. Michael Witte
Dearborn County Attorney
Possible points of contact for any inquiry are as follows:
Mr. Ralph Thompson
President, Dearborn County Board of Commissioners
Dearborn County Administration Building
215-B West High Street
Lawrenceburg, IN 47025
812-537-1040
Ms. Gayle Pennington
Dearborn County Auditor
Dearborn County Administration Building
215-B West High Street
Lawrenceburg, IN 47025
812-537-1040
Mr. F. Aaron Negangard
Dearborn-Ohio Counties Prosecutor
Courthouse
215 West High Street
Lawrenceburg, IN 47025
812-537-1040
Mr. Bryan Messmore
4374 Messmore Lane
Lawrenceburg, IN 47025
Mr. Shane McHenry
7 David Drive
Aurora, IN 47001
G. Michael Witte
Attorney at Law
Registered Mediator American Bar Association
Chair-elect, American Bar Association Judicial Division National Asian Pacific American Bar Association
Past Chair, ABA Judicial Division Standing Committee on Indiana State Bar Association
Minorities in the Judiciary Fellow of the American Bar Foundation
May 17, 2010
Ms. Carolyn S. Martorana
Attorney, Hatch Act Unit
U.S. Office of Special Counsel
1730 M Street, N.W. Suite 218
Washington, D.C. 20036
Re: Request for Hatch Act inquiry or advisory opinion
Dear Ms. Martorana:
In my capacity as County Attorney for the Dearborn County Board of Commissioners, and on their behalf, I must advise you that Dearborn County, Indiana might be out of compliance with several federal grant contracts of which we are the recipient. Specifically, I believe we are non-compliant with the Hatch Act provisions of several grants. It is the intent of this self-reporting letter to notify you of our internal review and to let your office act accordingly. I understand that the act of questioning election candidacies does not rest within our authority, but rather with the Office of Special Counsel and the U.S. Merit Systems Protection Board, or with our state election board and judicial review process.
The purported non-compliance scenarios are outlined below. I ask for the Office of Special Counsel to conduct inquiries and/or issue advisory opinions.
I. Victims of Crime Act (VOCA), Grant #09VA023, $80,116.00
Recipient: Dearborn County Government
Beneficiary: Dearborn-Ohio Counties Prosecutor’s Office
Hatch Act Employee: Bryan Messmore, Dearborn-Ohio Counties Prosecutor Victim Advocate Coordinator and Dearborn County Council member
Mr. Messmore’s salary and benefits totaling $50,988.0 are funded by a VOCA grant awarded through the Indiana Criminal Justice Institute. In late 2009 or early 2010 Mr. Messmore was elected to the Dearborn County Council through a special election. The election was by a caucus of the Republican Party Central Committee to fill a mid-term vacancy caused by an incumbent councilman resigning his office. Mr. Messmore competed in a contested election with at least two other candidates, a Mr. Schmitts and a Mr. Baker.
During this election process, Mr. Messmore was a full-time employee of the Dearborn County Prosecutor’s Office whose salary was funded by a federal grant. Mr. Messmore continues to serve the dual role of councilman and Victim Advocate Coordinator under VOCA funding. He is a local officer or employee whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or Federal agency.
II. 2009 Recovery Act JAG Subgrantee, Grant #09-JRA-005, $174,673.00
2009 Recovery Act Edward Byrne JAG, Award #2009-SB-B9-0261, $57,951.00
2009 Edward Byrne JAG , Application #2009-H1473-DJ, $14,372.00
Recipient: Dearborn County Government
Beneficiary: Dearborn-Ohio Counties Prosecutor’s Office Special Crimes Unit
Hatch Act Employee: Shane McHenry, Detective for Dearborn-Ohio Counties Prosecutor’s Office Special Crimes Unit
In January of 2006, the Dearborn-Ohio Counties Prosecutor’s Office in conjunction with the Dearborn County Sheriff’s Department, the Lawrenceburg Police Department, and the Aurora Police Department formed a multi-jurisdictional task force to address serious felony crimes in Dearborn County, Indiana. Operating under the name of the Dearborn County Special Crimes Unit (SCU), it is comprised of three detectives from the Dearborn County Sheriff’s Department, one detective from the Lawrenceburg Police Department, one detective from the Aurora Police Department, and two investigators from the Dearborn-Ohio Counties Prosecutor’s Office.
Detective Shane McHenry is one of the three detectives of the Dearborn County Sheriff’s Department assigned to this SCU. Although his pay is routed through the Sheriff’s Department, he is assigned to the SCU and is viewed by many as the lead detective for the unit.
Mr. McHenry was a candidate in the May 4, 2010 Republican primary election for the office of Dearborn County Commissioner. Mr. McHenry won the election over two other candidates, a Mr. Thompson and a Mr. Rowland. He is now the Republican candidate for County Commissioner in the fall election. During this election process, Mr. McHenry was a full-time employee of the Dearborn County Sheriff’s Office assigned to the SCU which was funded by at least $246,996.00 in federal grant money. Mr. McHenry continues to work for the SCU and act as the Republican candidate for County Commissioner for the November 2, 2010 general election. His campaign material referenced himself as a “Detective for … Special Crimes Unit”. He is a local officer or employee whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or Federal agency.
After June 18, my contact information will change to the following:
G. Michael Witte, Executive Secretary
Indiana Supreme Court Disciplinary Commission
30 South Meridian Street, Suite 850
Indianapolis, IN 46204
I will no longer be serving as Dearborn County Attorney, but I will be available for any discussion on these issues if necessary. Attached to this letter is contact information if needed. Thank you for your attention to this matter.
Respectfully,
G. Michael Witte
Dearborn County Attorney
Possible points of contact for any inquiry are as follows:
Mr. Ralph Thompson
President, Dearborn County Board of Commissioners
Dearborn County Administration Building
215-B West High Street
Lawrenceburg, IN 47025
812-537-1040
Ms. Gayle Pennington
Dearborn County Auditor
Dearborn County Administration Building
215-B West High Street
Lawrenceburg, IN 47025
812-537-1040
Mr. F. Aaron Negangard
Dearborn-Ohio Counties Prosecutor
Courthouse
215 West High Street
Lawrenceburg, IN 47025
812-537-1040
Mr. Bryan Messmore
4374 Messmore Lane
Lawrenceburg, IN 47025
Mr. Shane McHenry
7 David Drive
Aurora, IN 47001
INFORMATION ON THE HATCH ACT
Information on the Hatch Act can be found on the following sites:
http://en.wikipedia.org/wiki/Hatch_Act_of_1939
http://www.fop.net/programs/research/hatchact.pdf
http://www.osc.gov/documents/hatchact/ha_sta.pdf
http://www.osc.gov/
http://www.govexec.com/basics/hatchact.htm
http://uspolitics.about.com/od/usgovernment/a/hatch_act.htm
http://ethics.od.nih.gov/topics/Hatch%20Act%20Fed%20OSC%20Two%20Page.pdf
http://en.wikipedia.org/wiki/Hatch_Act_of_1939
http://www.fop.net/programs/research/hatchact.pdf
http://www.osc.gov/documents/hatchact/ha_sta.pdf
http://www.osc.gov/
http://www.govexec.com/basics/hatchact.htm
http://uspolitics.about.com/od/usgovernment/a/hatch_act.htm
http://ethics.od.nih.gov/topics/Hatch%20Act%20Fed%20OSC%20Two%20Page.pdf
Monday, May 17, 2010
17 May 2010 Dearborn County Commissioners Meeting Notes
17 May 2010 Dearborn County Commissioners Meeting Notes
Present: Ralph Thompson, President, Tom Orschell, and Jeff Hughes
Also present: Mike Witte, Attorney. Suellen Cauble covering for Pennington
ABSENT: Gayle Pennington, Auditor
Condolences were extended to county employee Linda Starker’s family by Ralph Thompson.
This meeting was preceded by an executive session at 6 PM on security systems and pending litigation on Langley Heights. Jack Gay served as attorney because Witte had served as judge for some of Langley Heights prior litigation.
County attorney was authorized to work on Langley heights issue at the regular meeting. No action taken on the security systems.
OLD BUSINESS
Surety Bond on Old Orchard Subdivision Phase 2- Letter received from Jeff Tucker to commissioners. Todd Listerman spoke with Schmeltzer on the design and will be on the June 21st tech review meeting to be sure that they comply with their requests. Tabled calling the bond on Old Orchard to allow Tucker to proceed on this plan.
[NOTE: I obtained a copy of Jeff Tucker’s letter to the Commissioners dated 17 May 2010. He stated that Joe Schmeltzer, PE will have a remediation plan ready for review by 28 May and if he encounters some unforeseen circumstances Tucker will contact Listerman with a revised schedule. If all goes as planned Tucker will present revised plan to Tech review on 21 June. Tucker expects to have all deficiencies remediated 60-75 days after revised plan is approved by Tech review. Tucker contacted McCormack at planning Dept to be tentatively on the 28 June meeting agenda for a waiver for Laurel Valley Sub’n. Tucker apologized in the letter for not having a proposal for Seldom Seen. Je is in the process of collecting bids from paving contractors and will have a proposal to the county in 2 weeks. ]
NEW BUSINESS
Suellen Cauble- Human Resources Discussion on PERF contribution- Four employees did not get the proper deductions for this. She received permission to request $9823 from council to make these current.
Bill Scharold- Zoning Ordinance-removed from agenda- already met with Planning and Zoning and Orschell.
Gary Hensley- Assessor- sent notice of an unfunded mandate from state to inspect properties within 60 days and is requesting permission to go to Council to get a car and/or funding for this purpose. Bill Ewbank said that 8-9 addition assessments per day will be added to their workload. OKd to go to Council for funding for new vehicle.
Animal Control- Marlene Underwood- unable to attend. Nothing new to report- same as they have been reporting per her comments to Thompson.
Highway Dept- Todd Listerman gave an UNUSUALLY SHORT 6-minute report
Augusta Drive- 1.64 miles and Oakmont Court 0.12 miles were officially accepted into county maintenance in “as is” condition.
State Board of Accounts Annual Report -all 7 copies – were signed for 2009.
RR crossings done and grant money will be received from Feds for this.
Yorkridge Road nearly complete. Others on North Hogan and North Dearborn will start when weather permits.
Guilford town road was also completed along with Yorkridge Rd.
Auditor- Claims and minutes. One claim for $12,779.82 from Sidwell on GIS was held at Minzner’s and Kraus Jr’s request. Witte said they wanted to not have a lawyer involved yet to try to finish the training etc. Kraus Jr said they were going to write a letter to submit to Sidwell to get some of the deliverables done. They still owe about 3 days of training. There are some layers that are not finished yet. Out of $387,000 we are down to about the last $25,000 of it. Until they are settled on the finals the commissioners were advised to withhold the last payment. Minzner or Kraus Jr. will report at the next commissioner’s meeting. The claim was withheld for now.
Some of the minutes were held for review, some were approved, one with amendments from Hughes regarding the tax impact on the jail plans.
Attorney- Mike Witte- I’m probably going to be longer than Todd Listerman! That’s a first!
No new litigation or tort claims.
The billing dept received a 2nd letter from US Bank in Moore’s Hill regarding a structure next door as it is crumbling with bricks falling. US Bank is asking about condemnation process. There is no line item in the commissioner’s budget on this. Once we condemn- county has liability. Henry Alton (sp?) Brown is the owner of the crumbling building. He’s not likely to do anything about this. Moore’s Hill has no budget for this. Also a Health issue with pigeons and bats etc. First step is to notify the owner that there is an unsafe situation. You can go to Council with an estimate on how much it costs to tear it down. Then eventually the owner pays it back on their tax bill. It’s about a 180 day process. Thompson said they need to talk to Council – tabled until they could investigate the costs and options.
Letter prepared by Witte for them to use when they are negotiating with PAWS on the Animal Shelter.
Witte has the ordinance asked to draft several months ago regarding the grant application process and requiring the county attorney to review and commissioners to approve. That is ready and the next item will show why this is even more important.
Witte stated he’d like to start with a little civics lesson. In 1939 the US congress passed the Hatch Act and later the Little Hatch Act. This was about gov’t employees running for federal office. As far back as Jefferson there were discussions about conflict of interest if an office holder also works for the government.
The Hatch Act says- a state or local officer or employee (whose principle job is financed in whole or in part by federal grant money) cannot run for office in a partisan election.
There is standard language in these grants that we sign that says we agree to not violate the Hatch Act.
As examples:
We have $174,000 in federal funds for the Prosecutor’s Special Crimes Unit in a grant.
Victim of Crime Act grant- funds the DC /Ohio County Prosecutor’s Office Victim Advocate Office.
Edward Byrne Grant $57,951- for Special Crimes Unit.
The recipient must promptly refer to the Federal Office any violation of the Hatch Act. [NOTE: Who is the recipient of the grant? The Prosecutor’s Office? Are they obligated to report it also?]
Witte said-I am informing the Board of Commissioners that we are under obligation to obey it and report that we are not in compliance of the Hatch Act. We are not in compliance in the $50,998 for Bryan Messmore and he sits on Council. The Special Crimes Unit- has at least 3 federal grants totalling $246,996 and Shane McHenry is a candidate for Commissioner. We have to report this to be sure we are not fined. We cannot turn our head away.
[NOTE: What happens to the people in these two jobs? Are these the only violations in the county?]
If for some reason there was a criminal investigation we do not want to be accessory. That would be worst case scenario- I’m not saying that will happen.
Why bring it up now? I am doing it now to remove it from political process.
When I was made aware – the issue was solely Messmore. McHenry was not a violation until he won the primary. Being a candidate in the main election constitutes a violation. Challenge to an election is only good for 14 days. That ends tomorrow. Thompson is not involved and is not challenging the election.
Bryan Messmore’s dad interrupted Witte and was called out of order. He persisted saying it was his son they were talking about, until Marty Hon went over and talked to him privately.
Witte told commissioners – “Your duty is only to report that you are out of compliance. Their duty (the federal agency that oversees this) is to follow through. To notify people that they are ineligible or if that doesn’t get resolved, then impose fines.”
Witte said- “I will notify the office of the special counsel for Hatch Act.”
[NOTE: For more information on the Hatch Act- just Google it. The Special Counsel also will come up with FAQs on this law and answers to various issues local governments might run in to. ]
Witte continued: This brings us back to the grant ordinance. There are certain conditions we have to meet when we get these. All these conditions are in these grants. Federal grants are competitive. If we get labeled as a community that doesn’t comply, that affects all the cities and towns and schools in our county.
Lastly as you are aware I have been appointed as the Indiana Disciplinary Commission Executive Secretary. I will be resigning effective June 7th.
County Coordinator- Bill Ewbank- Emergency Mgmt has been slotted to get assessed on threats to our jail and other facilities for both natural disasters and man-made threats in a couple days.
Late Arrival Information- none
Public Comment- Cathy Albert asked if $ amount had been submitted for Collier Ridge. Listerman will have that by 21 May.
Meeting Adjourned at 8:10 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Ralph Thompson, President, Tom Orschell, and Jeff Hughes
Also present: Mike Witte, Attorney. Suellen Cauble covering for Pennington
ABSENT: Gayle Pennington, Auditor
Condolences were extended to county employee Linda Starker’s family by Ralph Thompson.
This meeting was preceded by an executive session at 6 PM on security systems and pending litigation on Langley Heights. Jack Gay served as attorney because Witte had served as judge for some of Langley Heights prior litigation.
County attorney was authorized to work on Langley heights issue at the regular meeting. No action taken on the security systems.
OLD BUSINESS
Surety Bond on Old Orchard Subdivision Phase 2- Letter received from Jeff Tucker to commissioners. Todd Listerman spoke with Schmeltzer on the design and will be on the June 21st tech review meeting to be sure that they comply with their requests. Tabled calling the bond on Old Orchard to allow Tucker to proceed on this plan.
[NOTE: I obtained a copy of Jeff Tucker’s letter to the Commissioners dated 17 May 2010. He stated that Joe Schmeltzer, PE will have a remediation plan ready for review by 28 May and if he encounters some unforeseen circumstances Tucker will contact Listerman with a revised schedule. If all goes as planned Tucker will present revised plan to Tech review on 21 June. Tucker expects to have all deficiencies remediated 60-75 days after revised plan is approved by Tech review. Tucker contacted McCormack at planning Dept to be tentatively on the 28 June meeting agenda for a waiver for Laurel Valley Sub’n. Tucker apologized in the letter for not having a proposal for Seldom Seen. Je is in the process of collecting bids from paving contractors and will have a proposal to the county in 2 weeks. ]
NEW BUSINESS
Suellen Cauble- Human Resources Discussion on PERF contribution- Four employees did not get the proper deductions for this. She received permission to request $9823 from council to make these current.
Bill Scharold- Zoning Ordinance-removed from agenda- already met with Planning and Zoning and Orschell.
Gary Hensley- Assessor- sent notice of an unfunded mandate from state to inspect properties within 60 days and is requesting permission to go to Council to get a car and/or funding for this purpose. Bill Ewbank said that 8-9 addition assessments per day will be added to their workload. OKd to go to Council for funding for new vehicle.
Animal Control- Marlene Underwood- unable to attend. Nothing new to report- same as they have been reporting per her comments to Thompson.
Highway Dept- Todd Listerman gave an UNUSUALLY SHORT 6-minute report
Augusta Drive- 1.64 miles and Oakmont Court 0.12 miles were officially accepted into county maintenance in “as is” condition.
State Board of Accounts Annual Report -all 7 copies – were signed for 2009.
RR crossings done and grant money will be received from Feds for this.
Yorkridge Road nearly complete. Others on North Hogan and North Dearborn will start when weather permits.
Guilford town road was also completed along with Yorkridge Rd.
Auditor- Claims and minutes. One claim for $12,779.82 from Sidwell on GIS was held at Minzner’s and Kraus Jr’s request. Witte said they wanted to not have a lawyer involved yet to try to finish the training etc. Kraus Jr said they were going to write a letter to submit to Sidwell to get some of the deliverables done. They still owe about 3 days of training. There are some layers that are not finished yet. Out of $387,000 we are down to about the last $25,000 of it. Until they are settled on the finals the commissioners were advised to withhold the last payment. Minzner or Kraus Jr. will report at the next commissioner’s meeting. The claim was withheld for now.
Some of the minutes were held for review, some were approved, one with amendments from Hughes regarding the tax impact on the jail plans.
Attorney- Mike Witte- I’m probably going to be longer than Todd Listerman! That’s a first!
No new litigation or tort claims.
The billing dept received a 2nd letter from US Bank in Moore’s Hill regarding a structure next door as it is crumbling with bricks falling. US Bank is asking about condemnation process. There is no line item in the commissioner’s budget on this. Once we condemn- county has liability. Henry Alton (sp?) Brown is the owner of the crumbling building. He’s not likely to do anything about this. Moore’s Hill has no budget for this. Also a Health issue with pigeons and bats etc. First step is to notify the owner that there is an unsafe situation. You can go to Council with an estimate on how much it costs to tear it down. Then eventually the owner pays it back on their tax bill. It’s about a 180 day process. Thompson said they need to talk to Council – tabled until they could investigate the costs and options.
Letter prepared by Witte for them to use when they are negotiating with PAWS on the Animal Shelter.
Witte has the ordinance asked to draft several months ago regarding the grant application process and requiring the county attorney to review and commissioners to approve. That is ready and the next item will show why this is even more important.
Witte stated he’d like to start with a little civics lesson. In 1939 the US congress passed the Hatch Act and later the Little Hatch Act. This was about gov’t employees running for federal office. As far back as Jefferson there were discussions about conflict of interest if an office holder also works for the government.
The Hatch Act says- a state or local officer or employee (whose principle job is financed in whole or in part by federal grant money) cannot run for office in a partisan election.
There is standard language in these grants that we sign that says we agree to not violate the Hatch Act.
As examples:
We have $174,000 in federal funds for the Prosecutor’s Special Crimes Unit in a grant.
Victim of Crime Act grant- funds the DC /Ohio County Prosecutor’s Office Victim Advocate Office.
Edward Byrne Grant $57,951- for Special Crimes Unit.
The recipient must promptly refer to the Federal Office any violation of the Hatch Act. [NOTE: Who is the recipient of the grant? The Prosecutor’s Office? Are they obligated to report it also?]
Witte said-I am informing the Board of Commissioners that we are under obligation to obey it and report that we are not in compliance of the Hatch Act. We are not in compliance in the $50,998 for Bryan Messmore and he sits on Council. The Special Crimes Unit- has at least 3 federal grants totalling $246,996 and Shane McHenry is a candidate for Commissioner. We have to report this to be sure we are not fined. We cannot turn our head away.
[NOTE: What happens to the people in these two jobs? Are these the only violations in the county?]
If for some reason there was a criminal investigation we do not want to be accessory. That would be worst case scenario- I’m not saying that will happen.
Why bring it up now? I am doing it now to remove it from political process.
When I was made aware – the issue was solely Messmore. McHenry was not a violation until he won the primary. Being a candidate in the main election constitutes a violation. Challenge to an election is only good for 14 days. That ends tomorrow. Thompson is not involved and is not challenging the election.
Bryan Messmore’s dad interrupted Witte and was called out of order. He persisted saying it was his son they were talking about, until Marty Hon went over and talked to him privately.
Witte told commissioners – “Your duty is only to report that you are out of compliance. Their duty (the federal agency that oversees this) is to follow through. To notify people that they are ineligible or if that doesn’t get resolved, then impose fines.”
Witte said- “I will notify the office of the special counsel for Hatch Act.”
[NOTE: For more information on the Hatch Act- just Google it. The Special Counsel also will come up with FAQs on this law and answers to various issues local governments might run in to. ]
Witte continued: This brings us back to the grant ordinance. There are certain conditions we have to meet when we get these. All these conditions are in these grants. Federal grants are competitive. If we get labeled as a community that doesn’t comply, that affects all the cities and towns and schools in our county.
Lastly as you are aware I have been appointed as the Indiana Disciplinary Commission Executive Secretary. I will be resigning effective June 7th.
County Coordinator- Bill Ewbank- Emergency Mgmt has been slotted to get assessed on threats to our jail and other facilities for both natural disasters and man-made threats in a couple days.
Late Arrival Information- none
Public Comment- Cathy Albert asked if $ amount had been submitted for Collier Ridge. Listerman will have that by 21 May.
Meeting Adjourned at 8:10 PM
Christine Brauer Mueller
Lawrenceburg Township
Wednesday, May 12, 2010
COMMISSIONER MEETING CHANGED TO MONDAY NIGHT MAY 17 at 7 PM in ADM BLDG
THIS MEETING HAS BEEN CHANGED TO MONDAY NIGHT
And to be held at the Dearborn County Administration Building
AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
May 17, 2010
7:00 p.m.
Administration Building
215B West High Street, Lawrenceburg, Indiana
EXECUTIVE SESSION – 6:00 PM
Security Systems & Pending Litigation – Langley Heights
PLEDGE OF ALLEGIANCE
CALL TO ORDER
OLD BUSINESS
1. Surety Bond on Old Orchard Subdivision – Phase II / tabled from 5/5/10
NEW BUSINESS
1. Suellen Cauble, Human Resources
Discussion on PERF contribution
2. Bill Scharold
Zoning Ordinances
ANIMAL CONTROL – Marlene Underwood
HIGHWAY DEPARTMENT – Todd Listerman
1. Updates
AUDITOR – Gayle Pennington
1. Claims/Minutes
ATTORNEY
COUNTY COORDINATOR – Bill Ewbank
COMMISSIONER – Jeff Hughes
COMMISSIONER – Tom Orschell
COMMISSIONER – Ralph Thompson, Jr.
LATE ARRIVAL INFORMATION
PUBLIC COMMENT
ADJOURN
And to be held at the Dearborn County Administration Building
AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
May 17, 2010
7:00 p.m.
Administration Building
215B West High Street, Lawrenceburg, Indiana
EXECUTIVE SESSION – 6:00 PM
Security Systems & Pending Litigation – Langley Heights
PLEDGE OF ALLEGIANCE
CALL TO ORDER
OLD BUSINESS
1. Surety Bond on Old Orchard Subdivision – Phase II / tabled from 5/5/10
NEW BUSINESS
1. Suellen Cauble, Human Resources
Discussion on PERF contribution
2. Bill Scharold
Zoning Ordinances
ANIMAL CONTROL – Marlene Underwood
HIGHWAY DEPARTMENT – Todd Listerman
1. Updates
AUDITOR – Gayle Pennington
1. Claims/Minutes
ATTORNEY
COUNTY COORDINATOR – Bill Ewbank
COMMISSIONER – Jeff Hughes
COMMISSIONER – Tom Orschell
COMMISSIONER – Ralph Thompson, Jr.
LATE ARRIVAL INFORMATION
PUBLIC COMMENT
ADJOURN
Tuesday, May 11, 2010
G. MICHAEL WITTE NAMED DISCIPLINARY COMMISSION EXECUTIVE SECRETARY
G. MICHAEL WITTE NAMED DISCIPLINARY COMMISSION EXECUTIVE SECRETARY
Disciplinary Commission Executive Secretary, Michael Witte.
G. Michael Witte, former Dearborn County Judge, has been named the Indiana Disciplinary Commission Executive Secretary. The Disciplinary Commission is the agency that investigates and prosecutes alleged attorney misconduct. The Indiana Supreme Court approved naming Judge Witte as the agency head, confirming a recommendation from the nine-member Indiana Disciplinary Commission.
Indiana Chief Justice Randall T. Shepard said, “Mike Witte has dedicated his career to public service, and I am pleased he will spend the next chapter of his legal career leading the Disciplinary Commission. He is well known to attorneys across Indiana as thoughtful and fair and energetic.” Those same qualifications were apparent to the Disciplinary Commission who recommended Witte’s appointment. Disciplinary Commission Chair Corinne Finnerty explained, “Judge Witte has a broad range of experience, including a respected national reputation for judicial leadership. We are confident he will use his management skills to ensure the integrity of the Indiana legal profession is maintained.”
When Judge Witte accepted the Executive Secretary position he said, “Indiana attorneys expect and deserve a Commission dedicated to upholding the highest standards of professionalism. I pledge to continue working to maintain the level of excellence our state demands of its attorneys. It is an honor to serve the state and I look forward to working with the investigators and staff as well as the nine-member Commission.”
The majority of Judge Witte’s career was spent serving the Dearborn Superior Court. He was elected to the bench in 1985 and served through 2008. He was the first Asian-American to serve as judge in the state of Indiana. In March 2009, the Supreme Court appointed him to serve as temporary judge of Wayne Superior Court 1. He currently serves as a Senior Judge and dedicates time to national professional associations.
Judge Witte is the chair-elect of the American Bar Association Judicial Division and will become chair of the Division in August. He is an Indiana University School of Law- Indianapolis graduate and a nationally recognized speaker in the field of diversity. He served as a panelist for the American Bar Association program “Achieving a Diverse Judiciary and Its Impact on Public Confidence in the Judicial System.” He also spoke at Harvard Law School for the American Bar Association program “Obtaining and Retaining a Diverse Judiciary.” He served on the Indiana Commission on Courts from 2005-2007 and was named the 2008 Distinguished Asian Alumni by the Indiana University Asian Alumni Association.
The long-time Disciplinary Commission Executive Secretary, Donald Lundberg, retired from the position in December 2009. The nine-member Commission, which includes both lawyers and citizen members, immediately began working to find an appropriate candidate to fill the role of Executive Secretary. The Commission chose to have the entire body play a role in the search, rather than appoint a sub-committee dedicated to the mission.
The Commission received 24 applications and began vetting potential candidates. In February, the Commission reviewed the applications submitted. In March, discussion on the applications continued. The Commission selected approximately ten candidates to interview and the process of meeting with those ten candidates began in April. In May, the Commission selected Judge Witte as the Executive Secretary and the Indiana Supreme Court approved his appointment.
Mr. Witte is expected to begin working in mid-June. As Disciplinary Commission Executive Secretary he will work with agency staff and the nine-member Commission to ensure members of the Indiana bar uphold the Rules of Professional Conduct. He will lead the agency that investigates and prosecutes cases of alleged attorney misconduct. The Indiana Supreme Court has final authority over all attorney discipline cases.
Supreme Court of Indiana
For immediate release May 10, 2010
Contact Kathryn Dolan
317-234-4722
Disciplinary Commission Executive Secretary, Michael Witte.
G. Michael Witte, former Dearborn County Judge, has been named the Indiana Disciplinary Commission Executive Secretary. The Disciplinary Commission is the agency that investigates and prosecutes alleged attorney misconduct. The Indiana Supreme Court approved naming Judge Witte as the agency head, confirming a recommendation from the nine-member Indiana Disciplinary Commission.
Indiana Chief Justice Randall T. Shepard said, “Mike Witte has dedicated his career to public service, and I am pleased he will spend the next chapter of his legal career leading the Disciplinary Commission. He is well known to attorneys across Indiana as thoughtful and fair and energetic.” Those same qualifications were apparent to the Disciplinary Commission who recommended Witte’s appointment. Disciplinary Commission Chair Corinne Finnerty explained, “Judge Witte has a broad range of experience, including a respected national reputation for judicial leadership. We are confident he will use his management skills to ensure the integrity of the Indiana legal profession is maintained.”
When Judge Witte accepted the Executive Secretary position he said, “Indiana attorneys expect and deserve a Commission dedicated to upholding the highest standards of professionalism. I pledge to continue working to maintain the level of excellence our state demands of its attorneys. It is an honor to serve the state and I look forward to working with the investigators and staff as well as the nine-member Commission.”
The majority of Judge Witte’s career was spent serving the Dearborn Superior Court. He was elected to the bench in 1985 and served through 2008. He was the first Asian-American to serve as judge in the state of Indiana. In March 2009, the Supreme Court appointed him to serve as temporary judge of Wayne Superior Court 1. He currently serves as a Senior Judge and dedicates time to national professional associations.
Judge Witte is the chair-elect of the American Bar Association Judicial Division and will become chair of the Division in August. He is an Indiana University School of Law- Indianapolis graduate and a nationally recognized speaker in the field of diversity. He served as a panelist for the American Bar Association program “Achieving a Diverse Judiciary and Its Impact on Public Confidence in the Judicial System.” He also spoke at Harvard Law School for the American Bar Association program “Obtaining and Retaining a Diverse Judiciary.” He served on the Indiana Commission on Courts from 2005-2007 and was named the 2008 Distinguished Asian Alumni by the Indiana University Asian Alumni Association.
The long-time Disciplinary Commission Executive Secretary, Donald Lundberg, retired from the position in December 2009. The nine-member Commission, which includes both lawyers and citizen members, immediately began working to find an appropriate candidate to fill the role of Executive Secretary. The Commission chose to have the entire body play a role in the search, rather than appoint a sub-committee dedicated to the mission.
The Commission received 24 applications and began vetting potential candidates. In February, the Commission reviewed the applications submitted. In March, discussion on the applications continued. The Commission selected approximately ten candidates to interview and the process of meeting with those ten candidates began in April. In May, the Commission selected Judge Witte as the Executive Secretary and the Indiana Supreme Court approved his appointment.
Mr. Witte is expected to begin working in mid-June. As Disciplinary Commission Executive Secretary he will work with agency staff and the nine-member Commission to ensure members of the Indiana bar uphold the Rules of Professional Conduct. He will lead the agency that investigates and prosecutes cases of alleged attorney misconduct. The Indiana Supreme Court has final authority over all attorney discipline cases.
Supreme Court of Indiana
For immediate release May 10, 2010
Contact Kathryn Dolan
317-234-4722
Saturday, May 08, 2010
WATER QUALITY MANAGEMENT PLAN MEETING May 10
Hello everyone!
I wanted to invite you to attend a public meeting that is taking place this
Monday, May 10th, at the Dearborn County Adult Center.
The meeting, as the attachment attests, is a part of a regional effort to
update the Dearborn County Water Quality Management Plan--a plan which has
not been updated in a couple of decades. As you may know, Water Quality
Management Plans are required by the federal Clean Water Act to identify
water quality problems in metropolitan areas and to recommend how to address
them, in the process avoiding duplications of effort by local sewer agencies
and stretching limited taxpayer dollars. Preparing a current water quality
management plan with updated data, findings, and recommendations will build
on the work of many entities within the county and the state, and should
enable water quality improvements by identifying shared concerns and
priorities for action.
OKI has been the designated agency for water quality management planning in
Dearborn County for over 30 years. Very recently, OKI obtained a grant to
bring the plan up-to-date.
The public meeting on May 10th represents the public first opportunity to
become involved in this planning process. The details for the meeting are as
follows:
WATER QUALITY MANAGEMENT PLAN MEETING: (05-10-10)
Date: MONDAY, May 10th, 2010
Time: 7:00 to 9:00 p.m.
Location: Dearborn County Adult Center
311 West Tate Street
Lawrenceburg, IN 47025
***Visit the website for this project at: www.dearborncounty.org/waterplan
If you have any questions or concerns, please do not hesitate to contact me
at your convenience.
Sincerely & Respectfully,
Mark McCormack
Director of Planning & Zoning
Dearborn County Plan Commission
Phone: (812) 537-8821 Fax: (812) 532-2029
planning.dearborncounty.org
I wanted to invite you to attend a public meeting that is taking place this
Monday, May 10th, at the Dearborn County Adult Center.
The meeting, as the attachment attests, is a part of a regional effort to
update the Dearborn County Water Quality Management Plan--a plan which has
not been updated in a couple of decades. As you may know, Water Quality
Management Plans are required by the federal Clean Water Act to identify
water quality problems in metropolitan areas and to recommend how to address
them, in the process avoiding duplications of effort by local sewer agencies
and stretching limited taxpayer dollars. Preparing a current water quality
management plan with updated data, findings, and recommendations will build
on the work of many entities within the county and the state, and should
enable water quality improvements by identifying shared concerns and
priorities for action.
OKI has been the designated agency for water quality management planning in
Dearborn County for over 30 years. Very recently, OKI obtained a grant to
bring the plan up-to-date.
The public meeting on May 10th represents the public first opportunity to
become involved in this planning process. The details for the meeting are as
follows:
WATER QUALITY MANAGEMENT PLAN MEETING: (05-10-10)
Date: MONDAY, May 10th, 2010
Time: 7:00 to 9:00 p.m.
Location: Dearborn County Adult Center
311 West Tate Street
Lawrenceburg, IN 47025
***Visit the website for this project at: www.dearborncounty.org/waterplan
If you have any questions or concerns, please do not hesitate to contact me
at your convenience.
Sincerely & Respectfully,
Mark McCormack
Director of Planning & Zoning
Dearborn County Plan Commission
Phone: (812) 537-8821 Fax: (812) 532-2029
planning.dearborncounty.org
Wednesday, May 05, 2010
5 May 2010 Dearborn County Commissioners Meeting Notes
5 May 2010 Dearborn County Commissioners Meeting Notes
Present: Ralph Thompson, President, Tom Orschell, and Jeff Hughes
Also present: Gayle Pennington, Auditor, and Mike Witte, Attorney.
Thompson congratulated all the primary candidate winners and wished them well in the main election.
OLD BUSINESS:
Jail security proposals- to be handled in executive session at next meeting.
RQAW-remains tabled from 4/20/10.
NEW BUSINESS:
Surety Bond on Old Orchard Phase II- John Watson attorney there on Tuckers behalf. Jeff Tucker out of town- Jay was present.
Asked the commission to review in two weeks- they will be responsible for the drain box issues etc. Tucker asked him to say that they will commit to replacing the drain box and they will fix the slope issues to the county’s satisfaction. They hope to have it successfully completed in the next two weeks. There are houses built there. The fix will be to the satisfaction of tech review.
Thompson asked about the other Tucker subdivisions in question. Watson did not have enough info to discuss that. Commissioners voted to allow Tucker 2 weeks latitude.
Surety Bonds for Public Works Discussion- Todd Listerman presented as McCormack was not available tonight. A letter of credit, per Billl Ewbank’s research, is not a true surety. Asked the commissioners to eliminate letters of credit and accept only surety performance bonds. This is to eliminate any more problems like Sugar Ridge. Hughes asked about the community centers etc. Witte said the county is only interested in infrastructure. The residents could sue if the amenities were not developed. The bond is only for the infrastructure. Bill Ewbank said the bonds are written for things that the county would become liable for. Commissioners voted to have PC revise PC rewrite ordinances to eliminate letters of credit and have surety bonds. [NOTE: Finally!]
Sugar Ridge Residents Petition- On behalf of the homeowners of Sugar Ridge Lisa Taylor passed out petition of all the homeowners on Augusta and Oakmont. Asked commissioners to complete the final paving on both roads. They asked for them to accept them then and have proper signage. They do not want it ignored as it will go into further disrepair. Homes are $200-800,000 in range. Homes for sale are not moving, and they think the road issue needs to be settled to help these sell.
Hughes said he’d looked at this issue and thinks they should put it on county maintenance because we are repairing it and doing snow removal. He motioned to accept it as is.
Orschell said we can’t commit to accepting it if we can’t cover it. Todd Listerman replied to Orshell’s question about its current standard. He said Augusta would meet depth standard as residential , BUT IT DOES NOT HAVE ITS SURFACE COURSE to shield out water. Oakmont would not. $152,000 would get the top surface done, and we would get about $6,000 from the state to maintain both. Orschell said we can’t say when we’d have the money to finish this.
Lisa Taylor said- there are county regulations that were in place- that were not their fault. We are reasonable people. Five years from now- the cost may be greater as we have had more traffic on it. Orschell said though it was not anyone’s fault in this room, though it is the county’s responsibility. Thompson said they were researching a way to get the costs recouped from the future lot sale.
Orschell would 2nd Hughes’s motion to accept the maintenance, but not to commit to the surface coat- as we don’t have the money yet. Lisa Taylor noted that others use the road. Commissioners agreed to accept Augusta Road as is for county maintenance. They discussed the approximately 1200 ft of Oakmont also. They accepted Oakmont as is into county maintenance. The official acceptance will occur next meeting when Listerman gets paperwork and official lengths for the state. [NOTE: Commissioners are only doing this because the county let the letters of credit lapse. they feel responsible.]
Residents want the potholes fixed too for safety. No commitment made on that.
Jeanine Summers- Youth Career Advisor Work One- these are paid work experiences for youth. The county’s dept. heads will have to be sure to know the requirements on the dept. Liability issues if the youth operate a car fall to the county in this agreement for example. Make sure we are dealing with age 18 and over for the county- though the program does handle 14-18. This is available in the municipalities, and the private sector also if available. Ewbank agrees on age 18. Commissioners agreed to proceed with Ewbank coordinating it.
Highway Dept- Todd Listerman gave a 30-minute report.
Passed out Old Orchard drawings for Commissioners info.
Last Thursday INDOT gave $1million for Collier Ridge Bridge. He is getting and RFP for this. Getting a consultant to do an FA3 for the bridge and road realignment. Based on funds, they will decide where to build the realignment.
Change order for I-275 ITS cameras for 24 hr surveillance of the area from OHIO state line to bridge. $4,000 deducted as no field office needed for the inspector. Other items added and $6383.40 is the total needed. No charge to the county. Mark Payne – OKI rep- said that funding will be sought for message boards also on this section of I-275 to alert traffic to issues. There is sufficient funding. INDOT is considering this as it is a new thing for them here.
Todd also found out that they will fix that RIGHT lane access to 275 that goes in and out as you head to KY.[NOTE: Finally!]
Yorkridge Road has the surface on it now. Finish work and striping yet to be done.
North Hogan and after that North Dearborn sections start next week.
County garage plans were submitted for commissioner’s review. Looking at the remodel to get the dept. into the building. Funding in MVHA and 146 account set aside already for these improvements. Tentative occupancy mid July to Aug 1st.
Striping law changes has 6,000 vpd as cutoff requiring them. With present funding, Listerman wants to do just 3,000 vpd and up NOT the 1000 vpd as before. $41,000 is the cost. Newly paved roads will get thermoplastic striping per their contracts. Commissioners sent Listerman to Council to seek these funds.
Orschell is seeking grant funding from Lawrenceburg for salt dome at Randall Avenue to get it under cover. Existing domes are at County Farm and Jamison. The new one will hold up to 5000 tons of salt- more than we use in a year. Then they will build a smaller building to keep mix under roof (sand too.) it costs more than the $100,000 grant. They will seek extra funds from Council. If not, then they will seek a 2nd grant next year to complete. Commissioners approved.
Listerman explained to Collier Ridge resident (Ritzi) that the funding is secured and available in 2013. Thompson explained how the funds were obtained using the 2 step process they selected at INDOT’s request. Cathy Albert on Collier Ridge asked about specifics on money for realignment, timing, and potential land acquisition for the bridge. Ritzi asked about the earlier realignments when they did the road slippage to see if it was usable for this- answer was yes.
Auditor-Gayle Pennington- Claims and Minutes signed and April 16 tabled. Annual report from commissioners on state education account and this closes this fund out now. It has been moved to the state.
Yearly support and agreement with SRI tax sale services for this year. The only change is a $5 increase in their fee. They tabled this until Witte could review and post it on the agenda.
Attorney-Mike Witte- no new litigation or tort claims. Next meeting that was moved to a Wednesday- he has a commitment- so will send substitute. Animal issue on Cumberland Drive- they will get evidence as required. Witte will get someone to assist with this as it is on an hourly rate anyway. This is more urgent. Compliance audit out of state will mean Witte is missing the 2nd June meeting.
Orschell asked about the animal control ordinance changes. Witte is asking for an electronic copy of this to be ready for next meeting discussion. Thompson to get this for him.
County Coordinator- Bill Ewbank- seeking bids for courthouse roof. Funds set aside. Ok’d to seek bids.
Asking for bids to improve taping and sound system in commissioners room. Approved to do this.[NOTE: this has been an ongoing problem for years. The public deserves a system that works!]
Late Arrivals- none
Public Comment- none
NEXT COMMISSIONERS MEETING IS WEDNESDAY MAY 19th at 9 AM. Date change due to conflict with Lawrenceburg’s meeting room schedule.
Meeting adjourned at 8:25 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Ralph Thompson, President, Tom Orschell, and Jeff Hughes
Also present: Gayle Pennington, Auditor, and Mike Witte, Attorney.
Thompson congratulated all the primary candidate winners and wished them well in the main election.
OLD BUSINESS:
Jail security proposals- to be handled in executive session at next meeting.
RQAW-remains tabled from 4/20/10.
NEW BUSINESS:
Surety Bond on Old Orchard Phase II- John Watson attorney there on Tuckers behalf. Jeff Tucker out of town- Jay was present.
Asked the commission to review in two weeks- they will be responsible for the drain box issues etc. Tucker asked him to say that they will commit to replacing the drain box and they will fix the slope issues to the county’s satisfaction. They hope to have it successfully completed in the next two weeks. There are houses built there. The fix will be to the satisfaction of tech review.
Thompson asked about the other Tucker subdivisions in question. Watson did not have enough info to discuss that. Commissioners voted to allow Tucker 2 weeks latitude.
Surety Bonds for Public Works Discussion- Todd Listerman presented as McCormack was not available tonight. A letter of credit, per Billl Ewbank’s research, is not a true surety. Asked the commissioners to eliminate letters of credit and accept only surety performance bonds. This is to eliminate any more problems like Sugar Ridge. Hughes asked about the community centers etc. Witte said the county is only interested in infrastructure. The residents could sue if the amenities were not developed. The bond is only for the infrastructure. Bill Ewbank said the bonds are written for things that the county would become liable for. Commissioners voted to have PC revise PC rewrite ordinances to eliminate letters of credit and have surety bonds. [NOTE: Finally!]
Sugar Ridge Residents Petition- On behalf of the homeowners of Sugar Ridge Lisa Taylor passed out petition of all the homeowners on Augusta and Oakmont. Asked commissioners to complete the final paving on both roads. They asked for them to accept them then and have proper signage. They do not want it ignored as it will go into further disrepair. Homes are $200-800,000 in range. Homes for sale are not moving, and they think the road issue needs to be settled to help these sell.
Hughes said he’d looked at this issue and thinks they should put it on county maintenance because we are repairing it and doing snow removal. He motioned to accept it as is.
Orschell said we can’t commit to accepting it if we can’t cover it. Todd Listerman replied to Orshell’s question about its current standard. He said Augusta would meet depth standard as residential , BUT IT DOES NOT HAVE ITS SURFACE COURSE to shield out water. Oakmont would not. $152,000 would get the top surface done, and we would get about $6,000 from the state to maintain both. Orschell said we can’t say when we’d have the money to finish this.
Lisa Taylor said- there are county regulations that were in place- that were not their fault. We are reasonable people. Five years from now- the cost may be greater as we have had more traffic on it. Orschell said though it was not anyone’s fault in this room, though it is the county’s responsibility. Thompson said they were researching a way to get the costs recouped from the future lot sale.
Orschell would 2nd Hughes’s motion to accept the maintenance, but not to commit to the surface coat- as we don’t have the money yet. Lisa Taylor noted that others use the road. Commissioners agreed to accept Augusta Road as is for county maintenance. They discussed the approximately 1200 ft of Oakmont also. They accepted Oakmont as is into county maintenance. The official acceptance will occur next meeting when Listerman gets paperwork and official lengths for the state. [NOTE: Commissioners are only doing this because the county let the letters of credit lapse. they feel responsible.]
Residents want the potholes fixed too for safety. No commitment made on that.
Jeanine Summers- Youth Career Advisor Work One- these are paid work experiences for youth. The county’s dept. heads will have to be sure to know the requirements on the dept. Liability issues if the youth operate a car fall to the county in this agreement for example. Make sure we are dealing with age 18 and over for the county- though the program does handle 14-18. This is available in the municipalities, and the private sector also if available. Ewbank agrees on age 18. Commissioners agreed to proceed with Ewbank coordinating it.
Highway Dept- Todd Listerman gave a 30-minute report.
Passed out Old Orchard drawings for Commissioners info.
Last Thursday INDOT gave $1million for Collier Ridge Bridge. He is getting and RFP for this. Getting a consultant to do an FA3 for the bridge and road realignment. Based on funds, they will decide where to build the realignment.
Change order for I-275 ITS cameras for 24 hr surveillance of the area from OHIO state line to bridge. $4,000 deducted as no field office needed for the inspector. Other items added and $6383.40 is the total needed. No charge to the county. Mark Payne – OKI rep- said that funding will be sought for message boards also on this section of I-275 to alert traffic to issues. There is sufficient funding. INDOT is considering this as it is a new thing for them here.
Todd also found out that they will fix that RIGHT lane access to 275 that goes in and out as you head to KY.[NOTE: Finally!]
Yorkridge Road has the surface on it now. Finish work and striping yet to be done.
North Hogan and after that North Dearborn sections start next week.
County garage plans were submitted for commissioner’s review. Looking at the remodel to get the dept. into the building. Funding in MVHA and 146 account set aside already for these improvements. Tentative occupancy mid July to Aug 1st.
Striping law changes has 6,000 vpd as cutoff requiring them. With present funding, Listerman wants to do just 3,000 vpd and up NOT the 1000 vpd as before. $41,000 is the cost. Newly paved roads will get thermoplastic striping per their contracts. Commissioners sent Listerman to Council to seek these funds.
Orschell is seeking grant funding from Lawrenceburg for salt dome at Randall Avenue to get it under cover. Existing domes are at County Farm and Jamison. The new one will hold up to 5000 tons of salt- more than we use in a year. Then they will build a smaller building to keep mix under roof (sand too.) it costs more than the $100,000 grant. They will seek extra funds from Council. If not, then they will seek a 2nd grant next year to complete. Commissioners approved.
Listerman explained to Collier Ridge resident (Ritzi) that the funding is secured and available in 2013. Thompson explained how the funds were obtained using the 2 step process they selected at INDOT’s request. Cathy Albert on Collier Ridge asked about specifics on money for realignment, timing, and potential land acquisition for the bridge. Ritzi asked about the earlier realignments when they did the road slippage to see if it was usable for this- answer was yes.
Auditor-Gayle Pennington- Claims and Minutes signed and April 16 tabled. Annual report from commissioners on state education account and this closes this fund out now. It has been moved to the state.
Yearly support and agreement with SRI tax sale services for this year. The only change is a $5 increase in their fee. They tabled this until Witte could review and post it on the agenda.
Attorney-Mike Witte- no new litigation or tort claims. Next meeting that was moved to a Wednesday- he has a commitment- so will send substitute. Animal issue on Cumberland Drive- they will get evidence as required. Witte will get someone to assist with this as it is on an hourly rate anyway. This is more urgent. Compliance audit out of state will mean Witte is missing the 2nd June meeting.
Orschell asked about the animal control ordinance changes. Witte is asking for an electronic copy of this to be ready for next meeting discussion. Thompson to get this for him.
County Coordinator- Bill Ewbank- seeking bids for courthouse roof. Funds set aside. Ok’d to seek bids.
Asking for bids to improve taping and sound system in commissioners room. Approved to do this.[NOTE: this has been an ongoing problem for years. The public deserves a system that works!]
Late Arrivals- none
Public Comment- none
NEXT COMMISSIONERS MEETING IS WEDNESDAY MAY 19th at 9 AM. Date change due to conflict with Lawrenceburg’s meeting room schedule.
Meeting adjourned at 8:25 PM
Christine Brauer Mueller
Lawrenceburg Township
Tuesday, May 04, 2010
Primary 2010 Election Results for Dearborn County
Primary 2010 Election Results for Dearborn County
Total votes 7006 out of 34,314 registered voters.
Republican votes- 5687
Democrat votes – 1313
20.42% voter turnout
COMMISSIONER D-3 REPUBLICAN
Shane McHenry- 2900
Ralph Thompson- 1490
Don Rowland- 718
SHERIFF DEMOCRAT
Charles Combs-927
Jack Addison-284
SHERIFF REPUBLICAN
Mike Kreinhop- 3263
Brian Noble- 810
Bob Fogle- 749
Linda Jordan Estes- 622
RECORDER DEMOCRAT
Mary Klump Booker- 1076
RECORDER REPUBLICAN
Glenn Wright-2314
Barbara Tibbs-1433
Robert Starks- 796
Marvin Gilbert- 393
COUNCIL
DEMOCRAT D-1
Dan Lansing-330
REPUBLICAN D-2
Liz Morris-850
Rick Pope -471
DEMOCRAT D-3
Jerome Hoog-349
REPUBLICAN D-3
Dennis Kraus, Sr-1181
DEMOCRAT D-4
Tom Cheek-320
AUDITOR REPUBLICAN
Gayle Pennington-4400
ASSESSOR REPUBLICAN
Gary Hensley-4207
PROSECUTOR- REPUBLICAN
Aaron Negangard-4428
JUDGE CIRCUIT COURT REPUBLICAN
James Humphrey-4622
Total votes 7006 out of 34,314 registered voters.
Republican votes- 5687
Democrat votes – 1313
20.42% voter turnout
COMMISSIONER D-3 REPUBLICAN
Shane McHenry- 2900
Ralph Thompson- 1490
Don Rowland- 718
SHERIFF DEMOCRAT
Charles Combs-927
Jack Addison-284
SHERIFF REPUBLICAN
Mike Kreinhop- 3263
Brian Noble- 810
Bob Fogle- 749
Linda Jordan Estes- 622
RECORDER DEMOCRAT
Mary Klump Booker- 1076
RECORDER REPUBLICAN
Glenn Wright-2314
Barbara Tibbs-1433
Robert Starks- 796
Marvin Gilbert- 393
COUNCIL
DEMOCRAT D-1
Dan Lansing-330
REPUBLICAN D-2
Liz Morris-850
Rick Pope -471
DEMOCRAT D-3
Jerome Hoog-349
REPUBLICAN D-3
Dennis Kraus, Sr-1181
DEMOCRAT D-4
Tom Cheek-320
AUDITOR REPUBLICAN
Gayle Pennington-4400
ASSESSOR REPUBLICAN
Gary Hensley-4207
PROSECUTOR- REPUBLICAN
Aaron Negangard-4428
JUDGE CIRCUIT COURT REPUBLICAN
James Humphrey-4622
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