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THE BROWN COUNTY
PRESS
The Brown County Press Sunday, November 10, 2013 • Volume 41 No. 14 Serving Brown County, Ohio since 1973
Sun Group NEWSPAPERS
www.browncountypress.com bcpress@frontier.com Phone (937) 444-3441 Fax (937) 444-2652
Broncos to host first playoff game BY Martha B. Jacob The Brown County Press The atmosphere in the Village of Mt. Orab and across the county has been one of sheer excitement and anticipation as the Western Brown Bronco’s football team prepares to play the biggest game of their young lives! It’s no secret anywhere in Brown County, that the Bronco’s have a perfect regular season record of 10-0. That alone is impressive, but now with a playoff game against Dayton Thurgood Marshall set for Friday, Nov. 8, the Bronco’s have a home field advantage. “Having that home field advantage is big,” said Cindy Brumfield, treasurer for the Touchdown Club at Western, “it’s really big for our boys! The last time the Broncos won the league CONTINUED ON PAGE 3
Brandon Barb/THE BROWN COUNTY PRESS
Western Brown football players and fans celebrate on the field after defeating Norwood to go 10-0 on the 2013 season. The Broncos will host Thurgood Marshall, out of Dayton, in the first ever state football playoff game on Nov. 8.
2013 BROWN COUNTY ELECTION RESULTS Senior Services levy approved BY Martha B. Jacob The Brown County Press Nearly 700 people in Brown County depend on services provided by the Brown County Senior Citizens Council, which is one of three agencies that work together, including AdamsBrown Counties Economic Opportunities, (ABCEO) (also known as (ABCAP, community action) and the Northern Brown Senior Center. Needless to say, when the Senior Services re-
newal 0.8 mill levy passed Nov. 5, it was good news for residents of Brown County. And it passed overwhelmingly, 5,845 votes for the levy and 1,658 votes against it. According to Sue Lang, executive director of the Brown County Senior Citizens Council, the services provided to senior citizens are critical in allowing older adults to remain independently in their homes and be vital members of the community.
G’town council race still open BY Wayne Gates The Brown County Press A very tight race for Georgetown Village Council has two seats still open. Only four votes separate three candidates. The two with the highest vote total will be seated. The outcome of the race will not be known until November 18 at the earliest, when ten provisional ballots will be examined by the Brown County Board of Elections.
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The three candidates who are in limbo until next week are Susan Bean with 335 votes, Raelena Morrison with 334 votes and Zachary Triplett with 332 votes. Incumbent council members Kelly Cornette and Sarah Eagan were elected to council with 434 and 370 votes respectively. Those total are high enough not to be affected by provisional ballots. Once the provisional ballots are examined and counted, a recount of the
New Aberdeen council elected BY Wayne Gates The Brown County Press The prospect of a new water plant for Aberdeen appears to be very dim following the Nov. 5 election. Three of the four council members elected, Jason Phillips, Rajenna Combess and Bill Wilson, have stated their opposition to building the water plant. They join current council member Jim Perraut, who has also made his opposition to clear
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with numerous council votes. That means four of the six members on the incoming council do not favor construction of the water plant. New council member Robert Meadows is in favor of building the water plant. The question is an important one because the village is facing the prospect of a judgment of hundreds of thousands of dollars against it in a breach of contract lawsuit if it does not resume
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BY Wayne Gates The Brown County Press
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The Village of Aberdeen will not build a water plant. At a special meeting on Nov. 7, the village council voted to approve a settlement offer with bondholder Annette Mineer. The settlement agreement calls for the village to give Mineer the $2,742,886.27 currently being held by U.S. Bank. The village is also agreeing to return 62.5 percent of the estate taxes that Mineer is
Index Classifieds...........24, 25 Court News................22 Death Notices..............6 Education ....................9 Legals...................10, 11 Opinion ........................4 Social .........................20 Sports ..................18, 19 219 South High St. Mt. Orab, OH 45154
expected to pay the village. That amount will be approximately $400,000. The vote was three in favor of the agreement and three opposed, with Mayor Harry Foxworthy casting the tie vote in favor of the settlement. Following the vote, council member Jay Castle resigned from council immediately, dropping a prepared resignation letter on the desk in front of Foxworthy and leaving the room without saying a word. After the meeting, council member Dr. Matt Shotwell also resigned from council. Shotwell and Castle both voted against the settlement agreement. Both men said they disagree with the settlement because it puts the village at risk for punitive damages that will be awarded to Shinn Brothers, the construction firm that has already won a lawsuit against the village. Castle’s letter read in part “I can no longer be a part of this council since I fear the
direction they are following will destroy this village...I plan on contacting Shinn Brothers and will strongly suggest that they should retrieve future damages from the individual council members and the mayor...instead of the Aberdeen taxpayers.” Castle also said he would offer to testify against council members who voted for the settlement and Mayor Foxworthy “in an effort to protect the citizens of the village from future financial hardship.” Following the meeting, Shotwell said that the citizens of Aberdeen “have no idea what’s coming at them” as a result of the settlement vote. “I think this decision will cost the village in excess of a million dollars just for litigation fees, punitive damages and repayment of the money paid by the IRS.” The Internal Revenue Service is paying 45 percent of the interest on the bonds because they were issued against federal stimulus funds. The cost at the end of 2013 to pay back the IRS
will be $223,666.86. Shotwell also said he was frustrated by the “toxic atmosphere” of the village council meetings. “I have asked a multitude of questions at council meetings (about the water plant issue) and have not been provided a single viable answer”, Shotwell said. “I can no longer be a part of a dysfunctional village council that is leading the village down the path of financial ruin.” During the meeting, Foxworthy threatened to have Shotwell removed from the room after Shotwell began asking questions before the settlement vote. When asked about that moment following the meeting, Shotwell said “It’s just sad. At that moment, I realized that it was a futile effort to try and help the village. I realized that this village needs far more than what I can offer.” As for the residents of Aberdeen, Shotwell said “Be prepared to pay a tremendous increase in
taxes and water. The cost of living is about to go up significantly in Aberdeen.” Shinn Brothers filed the lawsuit last July against the village, seeking $828,000 in damages for materials purchased and lost profits. The company submitted a settlement offer for $692,000 via a letter to the court appointed mediator in November of 2012. Shinn Brothers Attorney Timothy Heather also noted in the letter that ”Shinn Brothers would consider moving forward with the contract and building Aberdeen’s water treatment plant, providing Aberdeen also reimbursed Shinn Brothers for the legal fees and other expenses it has incurred to date as a result of Aberdeen’s breach of the contract.” After the meeting, Foxworthy was asked about the fact that the settlement opened up the village to higher damages in the Shinn Brothers lawsuit. Regarding the settlement offer of Shinn Brothers to drop the lawsuit in ex-
change for resuming the project, Foxworthy said “I never heard them say that.” When asked how the village would pay damages that could potentially be in the hundreds of thousands of dollars, Foxworthy said “We’ll cross that bridge when we come to it. I’m not going to predict and I don’t know what’s going to happen or what the case is or how strong a case (Village Solicitor) David (Grimes) has. When we go to court, that’ll be the time to talk about that.” When asked if the village could pay off a $400,000 damage award, Foxworthy said “We’ll worry about that when the time comes”. When asked if the village had access to that kind of money, Foxworthy answered “Possibly.” When asked where the money would come from, he answered “I can’t say right now. I don’t know where it would come from.”
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Water plant dead, two resign in A’deen