Brown County Press

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THE BROWN COUNTY PRESS Serving Brown County, Ohio since 1973

Vol. 38 No. 2

Sunday, August 22, 2010

Varnau suit against Wenninger dismissed BY Wayne Gates The Brown County Press An Ohio Appeals Court has ruled in favor of Brown County Sheriff Dwayne Wenninger in the latest twist of a long-running lawsuit. Independent Sheriff candidate Dennis Varnau filed a protest in 2008 with the Brown County Board of Elections challenging Wenningers qualifications to hold office. That challenge set off a running two year legal battle. In the opinion issued on August 16, the three judge panel from the Twelfth District in Appellate Middletown said that Vaunau’s arguments “lacked merit” and

File Photo

Sheriff Dwayne Wenninger

upheld the request for Summary Judgement of the

case that was made by Wenninger’s attorneys in Common Pleas Court. A Summary Judgement is a decision by a judge that the facts presented do not require a trial. Even though the ruling was in Wenninger’s favor, Varnau said “This case is not over by a long shot.” Varnau said that he plans to file a Motion for Relief of Judgement with the court. If that motion is denied, Varnau said he will take the matter to the Ohio Supreme Court. Wenninger said “I always felt confident we would prevail” and added “I just think he’s a sore loser”, referring to

Varnau. Wenninger continued that if Varnau wants to be Sheriff he should “throw his hat in the ring and try again.” For his part, Varnau said “As a litigant in this case, my opinion is that as a matter of law, Wenninger is not the Sheriff and never has been.” He added that he disagrees with the Court’s decision and “I believe there is nothing in the record that supports giving Wenninger a Dwayne Summary Judgement.” In his complaint, Varnau said Wenninger lacked the educational qualifications to be Sheriff that are required by Ohio law. Varnau also filed a Writ of

Quo Warranto, a legal challenge to Wennenger’s right to hold the office of Sheriff, in February of 2009. In that complaint, Varnau sought to have Wenninger removed from office and to have himself appointed to the position. In the ruling, judges cite case law concerning county boards of elections and their responsibilities. “A county board of elections is responsible for determining whether, on particular facts, a person satisfies the qualifications...for the office of county sheriff”, the ruling states. It continues “We find it readily apparent that the Brown County Board of Elections pre-

viously determined Wenninger satisfied the necessary requirements...to be elected Sheriff in 2000, 2004 and 2008.” The ruling then cites a letter sent to Varnau by the Brown County Board of Elections that read in part “The Board further believes that it has been put on notice that the qualifications of Dwayne Wenninger have been challenged...this board will conduct an independent investigation into Dwayne Wenninger’s qualifications to run for the office of county sheriff.” The ruling states “There is nothing in the record to suggest the Board did not conduct such an investigation prior to acceptCONTINUED ON PAGE 11

Western Brown Principal hired as SHCTC Sup’t BY Wayne Gates The Brown County Press Western Brown High School Principal Kevin Kratzer will be the new Superintendent of Southern Hills Career and Technical Center. The SHCTC School Board voted Monday, August 16, to offer Kratzer the job. Board President Roger West issued the following statement to the Press, “In anticipation of Superintendent Dr. Charles Guarino's retirement on December 31st, the Southern Hills Board of Education

spent the past three months in a focused search for his replacement. The Board received 15 applications and interviewed 7 candidates. The Board had a challenging task with so many qualified candidates. Kevin Kratzer, WB HS Principal, was selected as best fitting the needs of Southern Hills at this time in our history. He will take office on January 1, 2011. Dr. Guarino has been a tremendous asset to Southern Hills as Superintendent. The Board looks forward to working with Mr. Kratzer and building upon our current successes.”

Kratzer echoed those sentiments, saying “I’m looking forward to working with the the staff and faculty to continue to build programs that more students in Brown County can take advantage of”. Kratzer also referred to his new position as a “great career opportunity” and said it would allow him to spend more evenings at home with his family. Kratzer said his time as Western Brown High School Principal has been “fantastic” and said that he enjoyed working with “a great group of people.”

The Brown County Press/WAYNE GATES

Parents dropping off children at Mt. Orab Elementary School will find new traffic flow patterns designed to reduce congestion at peak times during the day.

Brown County students G'town council approve electric rate hike heading back to school BY Wayne Boblitt The Brown County Press

Electric rates will rise for Georgetown customers about mid-September following action by Georgetown Village Council members at their regular meeting Aug. 12. Council members voted 4-2 to adopt an ordinance increasing those rates following third reading of that proposed measure. Council President Drew Watson and councilmen Daryll Gray, Steve Triplett, and Dennis White voted to adopt the ordinance while councilmen Tony Applegate and Chris Renshaw opposed it. In a telephone interview in early July, Village Administrator

Kelly Jones said the village hasn't had an electric rate increase in 16 years. Jones said the rates of about a 10 percent increase established in the new ordinance are set to help ease customers into some new rates that definitely are scheduled for 2012 so the full impact of those increases isn't felt at one time. He also mentioned how the village's electric costs are going up 24 percent in 2012 and added he wasn't certain whether Georgetown would pass all those costs on to electric customers. Georgetown will contract with Dayton Power and Light beginning Sunday, Jan. 1, 2012. The village council voted ear-

lier this year to contract with DP&L at the beginning of 2012 rather than with current contractor Duke Energy. Jones said DP&L had presented better rates to the village. The rate hike ordinance sets forth the following rates: Net monthly winter rates (January through May and October through December): 7.469 cents per kilowatt-hour for the first 1000 kWh and 4.982 cents for each additional kWh with the minimum bill being $3.96. Net monthly summer rate (June-September): all kWh at 7.469 cents per kWh with a minimum bill being $3.96. Net monthly rate for energy CONTINUED ON PAGE 11

BY Wayne Boblitt The Brown County Press Thousands of students will return to classes this week for the start of the 2010-11 School Year in Brown County's five public school districts and at Southern Hills Career and Technical Center in Georgetown. While students in four districts and those attending SHCTC will begin classes this Monday, Aug. 23, Georgetown Exempted Village School District students won't return to their

schools until this Wednesday, Aug. 25. Superintendents at the districts commented about the start of their new school years in interviews last week. Eastern Local “Classrooms are ready. Teachers are working hard. I predict it's going to be a good year,” Eastern Local School District Superintendent Alan Simmons said in an interview following the Eastern Local School District Board of Education's meeting on Aug. 17. A big change this year is

the housing of Eastern Local Middle School students in a section of the 1962 building that was the home of Eastern Local High School before another high school building was constructed in 1997. The 1997 building housed ELMS last year after a new high school was opened north of and near ELMS on U.S. 62 in the Macon area. A new ELMS building will be constructed on the current site where the 1962 and 1997 buildings are connected south of the new high school, and it CONTINUED ON PAGE 9

B R O A D S H E E T O D D

Tobacco Festival opens this Thursday Ohio Tobacco Festival enthusiasts who enjoy that celebration's contests, entertainment and wide assortment of food can add yet another pleasure to their visits this year – fireworks. The 29th Annual OTF begins this Thursday, Aug. 26, and runs through Sunday, Aug. 29, with most events taking

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Index Classifieds ..Pages 20, 21 Court News......Page 16 Death Notices.........Page 7 Education.........Page 8, 10 Opinion ..............Page 4 Social..................Page 8 Sports ........Pages 13-15

Where to find us www.browncountypress.com Phone (937) 444-3441 Fax (937) 444-2652 219 South High St. Mt. Orab, OH 45154 bcpress@frognet.net

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The Brown County Press/SUBMITTED PHOTO

Ben Pedigo of Ripley is the 2010 Ohio Tobacco Festival's Opening Parade grand marshal.

place in downtown Ripley. The fireworks show is scheduled at dusk this Friday, Aug. 27, with a rain date of Saturday, Aug. 28. This year's theme is “Celebrating The Tobacco Farmers”, When the OTF began during the early 1980s, Ripley was the site of the only burley tobacco market in Ohio. Brown County produces the most burley tobacco among the 20 to 30 Ohio counties where farmers

raise that crop. While later changes in the tobacco industry resulted in an elimination of Ripley's uptown market and a move of most OTF activities to downtown Ripley, tobacco farmers in Brown County and other Ohio counties still labor hard to produce that crop and support their families. Queen Contest Opens OTF The opening day's featured event will be the 2010 OTF Queen Contest at 8 p.m. Thursday while the Opening Parade and Fireworks Show will be the highlight activities on Friday. Maysville, Ky., resident Melanie Day, the 2009 OTF Queen, will crown her successor this Thursday on the Main Stage in downtown Ripley. Children of all ages will have a variety of carnival rides to enjoy all four days at the festival. In addition to special events and contests, those attending the 2010 OTF will have a variety of merchandise booths at which to purchase souvenirs and useful items all four days as well as a large variety of the ever-popular food booths featuring delectable items ranging from pizza to hamburgers to ice cream to Cajun cuisine.

Pedigo Is Grand Marshal Ben Pedigo will be the 2010 OTF Opening Parade grand marshal this Friday. Pedigo moved to Ripley in 1983 and resides there with his wife, Kim, and their children, Harrison, Katherine, and Grace. In addition to the Opening Parade, which will begin at 5:30 p.m. at Ripley-UnionLewis-Huntington Elementary School on South Second Street in uptown Ripley, festival activities this Friday will include the Open Tobacco Judging and Show at 1 p.m. in the Front Street area; a VIP Dinner at Courts-Fussnecker Post 367 of the American Legion in Ripley, which will follow the Parade; and country music by David James and The Gang beginning at 7 p.m. on the Main Stage. Race Kicks Off Saturday As usual, the Saturday of the festival is the most activitypacked of all, and the 5Kilometer Run and Walk will kick off this Saturday's activities with registration beginning at 7 a.m. and competition at 8 a.m. on Front Street, a change in location from last year's Main Street site. Registration for the Antique CONTINUED ON PAGE 11

The Brown County Press/WAYNE GATES

Republican Candidate for Brown County Commissioner Rick Eagan (left) and Brown County Republican Party Chairman Paul Hall shake hands following Eagan’s interview with the Press.

Eagan still running for office, says health improving BY Wayne Gates The Brown County Press Rick Eagan is running for Brown County Commissioner. He always has been...but rumors of Eagan withdrawing from the race have been circulating for a number of weeks. “I haven’t quit yet and ain’t about to”, Eagan said. Eagan was hit by a car last November 24 after getting out

of his car to examine damage after hitting a deer. The accident happened on New Hope-Whiteoak Station Road and left Eagan in intensive care for two months. He had to have part of his leg amputated and still has a tracheotomy tube in his throat nearly a year later. Eagan said he hopes to have the tube removed by the time CONTINUED ON PAGE 11

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BY Wayne Boblitt The Brown County Press


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