You are on page 1of 29

(502)

758-0936

CLARENCE H. HIXSON Attorney at Law 1336 Hepburn Avenue Louisville, KY 40204

budhix@iglou.com

_________________________________________________________________________________________________________
May 10, 2012

Kentucky Attorney General Jack Conway Open Records / Open Meetings decisions 700 Capitol Avenue, Suite 118 Frankfort, KY 40601 Request for review pursuant to KRS 61.880 (2)(a) and (4)
Dear Sir, The Coalition for the Advancement of Regional Transportation CART, by Counsel, Clarence H. Hixson, seeks review and opinion of the legality of agency denial of the attached Open Records Request submitted to the Kentucky Transportation Cabinet, designated OR-12-0450 by KYTC. The Transportation Cabinet on information and belief has responsive records which have been requested with sufficient specificity to enable the Cabinet staff to locate responsive records or to gather and make available for inspection, during normal office hours, records that might yield the information sought. 97-ORD-6, p. 5; 08-ORD-269. The CART Open Records Requests are related to KYTCs project: Section Four-East End Bridge Approach Design Project, Item No. 5-732.20, State Project No. 13J7 JZOI 056 8364302R; NH 2653 (022). Said project was authorized by Transportation Cabinet Authorization No. 105923. On April 30th the Commonwealth of Kentucky entered into a Deed filed of record in the Jefferson County Clerks Office DB 9879 PG 018 paying $ 8.3 million to Soterion Corporation. The President of Soterion Corporation, R. Scott Jones, was then under a Warrant of Arrest for unpaid child support related costs and a Lis Pendens Notice was filed prior to the transaction. These documents were provided to the KYTC as attachments to the letter seeking to more specifically identify responsive documents for inspection. The Transportation Cabinet has refused to permit CART by counsel to inspect any documents and is engaged in a cat and mouse game to thwart the Open Records laws. CARTs requests reasonably specify documents showing how KYTC vetted Sotarion Corporation so that violations of applicable sections of KRS Chapter 45A regarding kickbacks and conflicts of interest did not occur. Inexplicably, a copy of the KYTC property value assessment of the Drumanard Estate has not been made available for inspection, nor any documents explaining how a good faith negotiation occurred where KYTC paid more than $ 5 million above the Jefferson PVA assessment value to a corporation with unknown members, beneficiaries and officers whose President could not return to Kentucky for fear of arrest?

In addition to the Open Records law in Kentucky, the NEPA public consultation statutes are applicable to the use of GARVEE bond funds in a federally funded project by state agents of KYTC to purchase the right of way across or under the Drumanard Estate for the Bridges Project. Thus transparency in this transaction should be insisted upon, not avoided. In addition, numerous side agreements related to this transaction raise the suspicion of fraud and self-dealing such as the right of first refusal granted to Soterion Corporation according to an previously submitted but undisclosed bon fide offer described on page D-25 of Attachment D to the 2003 Record of Decision (copy attached). BOOK 0136 PG 0172 The KYTC has refused: to ask Soterion Corporation for a list of members, shareholders, ultimate beneficiaries that will receive a portion of the $ 8.3 million paid they are secret beneficiaries that may include decision makers or their agents in the LSIORBP, to allow inspection of records showing how KYTC vetted the sale and eliminated the KRS 45A conflict of interest and kickback issues, to allow inspection of records showing how the price for right of way acquisition was negotiated and approved by KYTC staff, there is a lien for contingency fees lodged by attorney Glenn Cohen, related to negotiations with KYTC for the Soterion sale. Book 0011 PG 0038, LB01204 PG 0161 in Jefferson County Clerks Title Records It is incomprehensible that an $ 8.3 million right of way acquisition occurred but none of the related documents CART asked for were considered sufficiently identified or responsive by KYTC to our requests. We sent letters of clarification to attempt to satisfy KYTC demands that we name specifically the documents to be produced. The last letter from Senior Counsel J. Todd Ship, without citation of any statutory provision merely says: This is to advise that no records exist within the possession of the Transportation Cabinet which would effectively respond to your questions. WHEREFORE, CART attaches the Open Records Request with clarification and attachments and requests the AG to review pursuant to KRS 61.880 (2)(a) and (4).

Clarence Hixson Attorney for CART 1336 Hepburn Avenue Louisville, KY 40204 (502) 758-0936

cc: David Coyte, President CART; J. Todd Shipp, Office of Legal Services, KYTC; John Sacksteder, Community Transportation Solutions; Mr. Duane Thomas, FHWA KY Division; Janis Osadczuk, FHWA, Indiana Division; Honorable John Yarmuth; Honorable Todd C. Young.

KRS 61.880 Denial of inspection -- Role of Attorney General. (2) (a) If a complaining party wishes the Attorney General to review a public agency's denial of a request to inspect a public record, the complaining party shall forward to the Attorney General a copy of the written request and a copy of the written response denying inspection. If the public agency refuses to provide a written response, a complaining party shall provide a copy of the written request. The Attorney General shall review the request and denial and issue within twenty (20) days, excepting Saturdays, Sundays and legal holidays, a written decision stating whether the agency violated provisions of KRS 61.870 to 61.884. (4) If a person feels the intent of KRS 61.870 to 61.884 is being subverted by an agency short of denial of inspection, including but not limited to the imposition of excessive fees or the misdirection of the applicant, the person may complain in writing to the Attorney General, and the complaint shall be subject to the same adjudicatory process as if the record had been denied.
TIMELINE OF SOTERION CORPORATION PURCHASE OF DRUMANARD ESTATE Mary Peabody Jones Fitzhugh is one of three daughters of Lawrence L. Jones Sr. He left an estate valued at some $ 60 million dollars that funded two trusts for his children. The "Daughter's Trust" was formed in 1933 to provide income to his three daughters. Mary Peabody Jones Fitzhugh former owner of Drumanard Estate was the last of the three surviving daughters to pass away when she died in 1997. Ten years after her death, the terms of a mediated amendment of the Daughters Irrevocable Trust were attacked by various relatives in cases which are still before the court in Jefferson County. (MIDDLETON, CHARLES G. III, ET AL VS. PNC BANK, N.A., Jeff Circuit Court, 07-CI-010053) (See also 08-P-004886 Jeff Probate Court). Mary Jones Fitzhugh owned some or all of the Drumanard Estate since November 1963. Deed Book 3856 Page 456 and before the Historic registration of the site which seems to have occurred in 1988 or so. At that time, the Jones family was evidently aware of the potential for a route of the East End Bridge approach to pass through the property. R. Scott Jones, President of Soterion Corporation seems to be related by blood to Mary Peabody Jones Fitzhugh, and other members of the Jones family have signed documents for Soterian transactions, including Norton Jones, and Mary Jones. In July 1997, Soterion Corporation purchased Lots 50 and 51 in Mockingbird Hill Subdivision for $ 675,000 signed by Robert Scott Jones as Vice President. September 1997, Robert Scott Jones and Yvette Jones purchase Lot 37 Locust Hill for $ 325,000 in their own names . Book 6943 Page 0148. Mary Peabody Fitzhugh died November 18, 1997 and the Court appointed PNC Bank as Executor. Jefferson Probate Case 97-P-05025. March 27, 1998 Federal Notice to produce EIS for Bridges Project. According to the signature on the documents, Attorney Gordon B. Wright helped Mary Peabody Fitzhugh and Lawrence Jones III prepare her final Will in 1996. WB 302 PG 168. After her death, Wright represented her Executor PNC Bank to settle the estate. Lawrence Larry Jones III was nephew of Mary

Peabody Jones Fitzhugh. He helped draft her Will signed and witnessed June 11, 1996. Gordon B. Wright, Wyatt Tarrant & Combs Attorney also witnessed the Will. The Estate was insolvent in 1999 and could not pay taxes prior to the land sale in 2000 and PNC borrowed money from the four daughters of Mary Peabody Jones Fitzhugh: Edith Camp, Mary Fitzhugh Bell, Dechen Fitzhugh, Louise Hickox, raising $ 375,494 which was paid back after the sale. Soterion purchased the Drumanard Estate from the Estate Executor, PNC Bank in February 2000. DB 07405 PG 0544 After the purchase, Soterion took out a mortgage in May 2000 for $ 2,320,000 from Stock Yards Bank. MB 5492 PG 410 The mortgage maturity date was short -- five years to mature in 2005. On July 14th 2000, Soterion sold its Lots 50 and 51 property for $ 850,000 or about $ 175,000 more than it paid. Deed signed by Kimberly Jones Caseboro, as Secretary Treasurer of Soterion, Robert's sister. On May 10th 2005, Robert Scott Jones entered an agreement with Stock Yards Bank to extend the mortgage maturity date for the Drumanard mortgage, extending it five more years from 2005 to 2010. Monthly payments of $ 15, 419 were agreed. MB 09399 PG 0552 2009 Lawsuit filed in Ohio Bridges Project and new SDEIS announced. Stay in the proceedings announced until SDEIS issued. November 17, 2010, $ 10, 549.00 Judgment against R. Scott Jones for unpaid support. November 2010, Attorney Glenn A. Cohen attached a lien for unpaid legal services to the Deed and Title for the Drumanard Estate seeking payment for services in negotiating a sale of the Drumanard Estate to KYTC. Book 0011 PG 0038, LB01204 PG 0161 in Jefferson County Clerks Title Records. The attorney claims for $ 638,500 contingency fee under a formula based on the sale price of the Drumanard Estate. January 21, 2011, a new mortgage was filed between Soterion Corporation and Stock Yards Bank for $ 250,000, signed by Margaret Jones, a Vice President of Soterion. MB 12314 PG 0150. In February, 2011 the original mortgage date was extended again but only until July 2011--a six months extension. DB 09698 PG 0562 Signed by R. Scott Jones but notarized in State of Texas. June 10th 2011, Once again Soterion seeks and Stock Yards Bank agrees to extend the mortgage to November 2011 including this time both the original $ 2,320,000 loan and the new $ 250,000 loan. March 31, 2011 LB 1301 PG 369, $ 28,350 Judgment against R. Scott Jones for unpaid child school costs. April 21, 2012 Lis Pendens Notice attached to the Soterion Deed against Robert Scott Jones. Seeking payment of $ 96,589 in back child support by Yvette Yeagley Jones in a case Jeff Circuit Family case No. 07-CI-504039. LB 1302 PG 363 including Judgment and Order of Arrest for R. Scott Jones. April 30th 2012 Deed recorded between Soterion Corporation and KYTC for $ 8.3 million. identified as the Louisville Bridges; Section Four-East End Bridge Approach Design Project, Item No. 5-732.20, State Project No. 13J7 JZOI 056 8364302R; NH 2653 (022). Said project was authorized by Transportation Cabinet Authorization No. 105923. Norton Taylor Jones signed KYTC Deed as vice president for Soterion

(502) 758-0936

CLARENCE H. HIXSON Attorney at Law 1336 Hepburn Avenue Louisville, KY 40204

budhix@iglou.com

_________________________________________________________________________________________________________
By email followed by first class mail Ann Stansel Records Custodian Office of Legal Services Kentucky Transportation Cabinet 200 Mero Street Frankfort, KY 40622 OPEN RECORDS REQUEST Re: OR12-0325 Dear Ms Stansel, I am in receipt of your response sent through the U.S. mail, dated April 19, 2012, in which you informed CART that there were no, documents on file with the Transportation Cabinet which would identify all the shareholders, partners and ultimate beneficiaries, of Soterion Corporation. Thank you for your efforts to provide CART a response to our request to view and copy public records. The original Request was mailed on March 27, 2012, the first request for clarification was mailed April 6, 2012. We seek to view and copy public records identifying the shareholders, partners and ultimate beneficiaries of the $ 8.3 million KYTC purchase of the Drumanard property. We have obtained copies of the Deed recorded in the Jefferson County Clerks Office at DB 09879 PG 0018 recording the transaction between Soterion Corporation and the Commonwealth of Kentucky. The Deed is signed by N. Taylor Jones, Vice President of Soterion Corporation, with address of 6401 Wolf Pen Branch Road. We also obtained records attached hereto that appear to be a Warrant of Arrest for Robert Scott Jones, President of Soterion Corporation, with address of 6401 Wolf Pen Branch Road, issued for failure to pay a judgnment amount of $ 96,409.50, Case No. 07-CI-504039, Jefferson Circuit Court Family Division Ten, entered 3-21-2012, and recorded at LB 1302 PG 365. We also obtained a copy of the Bond to Release Lien recorded at Book 0011 PG 0038, related to disputed legal fees incurred by Soterion Corporation pursuant to a contingent fee agreement memorialized in a letter of March 4, 2010, related to sale of the Drumanard Estate and also recorded as Attachment A to the same filing. We also obtained records showing that Soterion Corporation is a defendant in the civil lawsuit No. 08-CI004062, Soteria Imaging Services, LLC et al, Lifescan Chicago, LLC. Together these documents demonstrate that KYTC did not act in good faith in paying a reported $ 1.5 million above the assessed value for the Drumanard Estate and that the representations in paragraph 13, May 3, 2012

page 3, in the May 1, 2012, Contract to purchase real estate identified as Parcel No. 66, are vague as to be without substance as they do not identify the agents representing the Department, or their representative capacity. The Cabinet evidently has not determined and makes no assurance that Soterion shareholders are not also decision makers in the LIORB project NEPA process engaged in self serving transactions. The issue is whether any illegality or conflict of interest is involved by the state doing business with a corporation whose members are secret, and whose president is avoiding an arrest warrant for failure to pay a valid judgment. The Commonwealths failure to demand from Soterion Corporation a complete list of all members, shareholders and beneficiaries in light of these circumstances signals potential fraud and prompts this call that the beneficiaries of the $ 8.3 million be fully investigated and disclosed. We therefore reiterate each previous request for access to view and copy relevant records and pursuant to the Open Records statutes in KRS 61.870 61.882, request as follows: 1) to view and copy records of the consent and approval of the Director, Division of Right of Way for the purchase of the above stated property? 2) records showing the Commonwealth Cabinet for Transportation was aware of the above stated warrant of arrest and judgment against the president of Soterion Corporation in 2012 prior to the Contract to purchase being signed and the approval the Director, Division of Right of Way, obtained? 3) records showing that the CART demands for disclosure of the shareholders, beneficiaries and officers of Soterion Corporation were considered by any agent, officer or employee of the Commonwealth, KYTC or its contractors and a decision was taken to deny the request, to not make the request to Soterion for disclosure of the shareholder/beneficiary list and/or to refuse to take any action to obtain the shareholder list, being a request to see any records of the consideration of the CART request and its disposition, but excluding the previously issued letters to CART? 4) records showing any investigation and consideration by the Commonwealth, KYTC of the legal matters involving Robert Scott Jones, president of Soterion in the above mentioned cases and any effect or relation to the price to be paid to Soterion for the above mentioned parcel 66? 5) records showing any investigation or vetting of the Soterion Corporation and its financial or legal matters including wheteher the Cabinet KYTC knew of the lawsuit against Soterion, No. 08-CI-004062, Soteria Imaging Services, LLC et al, Lifescan Chicago, LLC? 6) records of any legal opinion from counsel, showing inter alia, that the KYTC could enter into a transaction in good faith to pay $ 8.3million, being $ 1.25 million above the assessed value, for Parcel 66 without first knowing the shareholders and ultimate beneficiaries of Soterion Corporation, or without considering that the President was subject to a warrant for his arrest? Thank you for your assistance. Clarence Hixson Attorney for CART 1336 Hepburn Avenue Louisville, KY 40204 (502) 758-0936 attachment: Notice of Judgment Lien on Real Estate Case No. 07-CI-504039 Jefferson Family Court

Copy to: Office of Inspector General Kentucky Transportation Cabinet 700 Louisville Road Frankfort, KY 40601 John Sacksteder, PE, Project Manager Community Transportation Solutions Louisville - Southern Indiana Ohio River Bridges Project 305 N. Hurstbourne Lane, Suite 100 Louisville, KY 40222 The Honorable John Yarmuth U.S. House of Representatives Washington. DC 20515 The Honorable Todd C. Young U.S. House of Representatives Washington, DC 20515 Mr. Duane Thomas FHWA KY Division 330 W. Broadway, Room 264 Frankfort, Kentucky 40601-1981 Janis Osadczuk FHWA, Indiana Division 575 N Pennsylvania Street, Room 254 Indianapolis, IN 46204

(502) 758-0936

CLARENCE H. HIXSON Attorney at Law 1336 Hepburn Avenue Louisville, KY 40204

budhix@iglou.com

_________________________________________________________________________________________________________
By email followed by first class mail Ann Stansel Records Custodian Office of Legal Services Kentucky Transportation Cabinet 200 Mero Street Frankfort, KY 40622 Re: OR12-0325 Dear Ms Stansel, I am in receipt of your response sent through the U.S. mail, dated April 11, 2012. Thank you for your efforts to provide CART a response to our request to view and copy public records. The original Request was mailed on March 27, 2012, the first request for clarification was mailed April 6, 2012. We will seek the relief provided by the procedure in KRS 61.880 on or about April 20, 2012 if the requested records as more specifically set forth below are not made available. This is a second clarification of request to view and copy public documents. We seek to view and copy public records identifying the shareholders, partners and ultimate beneficiaries who will receive a share of the proceeds from the $ 8.3 million public purchase of the Drumanard property. Pursuant to 23 CFR 627.5, KYTC has established a VE-Value Engineering program that seeks to monitor and reduce waste in major programs using federal funds. KYTC designated the LSIORB as a major project receiving federal funds. KYTC identifies Section 4: 05-0118.00 LSIORB Section 4, East End Bridge Approach, Jefferson County 05-731; 05-732; 05- $548,000,000.00 VE Control Number: 200703 Study conducted by URS These records might contain responsive information to the CART request for records of, Soterion Corporation officers shareholders members and people with a beneficial interest since 2000. You identify Leigh A. Karr, Tom Kerns, as Right of Way agents and records in their possession may be responsive to this request. We previously identified the corporation by relevant records: Indiana Secretary of State organization number 35-1879795 April 16, 2012

Robert Scott Jones, President 2002 Long Knife Court Louisville, KY 40207 Kimberly Casaboro, Secretary 405 Mayfair Lane Louisville, KY 40207 Margaret W. Jones, Vice- President 3214 Coppertree Bloomington IN 47401 A 2011 mortgage document, MB 12314 PG0150, recorded in the Jefferson County Land Records, lists the corporate address as 9905 Hyacinth Court, Louisville KY 40241. We incorporate herein by reference, paragraphs (1-13) of the March 27, 2012 CART letter. We incorporate herein by reference, paragraphs (1-7) of the April 6, 2012 CART letter. As a requirement for writing an $ 8.3 million dollar check to Soterion Corporation, the attorneys for KYTC should have already required disclosure from the organization of the shareholders and ultimate beneficiaries to make sure there is no contract fraud issue or conflict of interest. Please provide any responsive records from these agents. The following is an excerpt from 08-ORD-269 page 5 which authority you cited previously in denying our request for public records that identify the members, shareholders, owners, of Soterion Corporation in 2000 - 2012. The controlling Opinion requires you to make available for inspection, during normal office hours, records that might yield the information sought.
Page 5 08-ORD-269 While it is certainly true that public agencies are not required to compile information to satisfy a request, we believe that agencies are required to make available for inspection, during normal office hours, records that might yield the information sought. 97-ORD-6, p. 5 (original emphasis). In keeping with this position, the Attorney General has noted that when a requester is unable to identify the records sought for inspection with adequate specificity, or wishes to extract information which has not already been compiled, he may make a fishing expedition through public records on his own time and under the restrictions and safeguards of the public agency. 98-ORD-17, p. 10, citing OAG 76-375, p. 3. Echoing this view, the Attorney General has consistently held that one desiring that lists be made, or that broad categories of information be provided, must expend their own time digging the information out unless it has already been compiled. Id., citing OAG 89-61, p. 5. Accordingly, the Cabinet exceeded its duty, to its credit, in providing written answers to questions asked; however, the Cabinet must provide Mr. Bryan with access to nonexempt records which are potentially responsive, if any exist,[1] so that he can extract the information himself, assuming that Mr. Bryan wishes to exercise this option. If no such records exist aside from the Maintenance Guidance Manual, the Cabinet should affirmatively indicate as much in order to resolve any lingering confusion regarding this issue.

N. Taylor Jones, Vice President (signed contract)

Please provide access to nonexempt records which are potentially responsive. On March 27, 1998, a Notice of Intent was published in the federal register and announced the preparation of an EIS for the Louisville Bridges Project. Two years later, the Soterion Corporation purchased the 52 acre parcel on February 23, 2000 from the Estate of Mary P. Fitzhugh as recorded in the land records of the Clerk of Jefferson County at DB 07405, PG 0544.

The consideration then, was listed as $ 2,900,000. On September 6, 2003, the FHWA announced the Rule of Decision selecting the A-15 route under the Drumanard Estate. Subsequently, FHWA announced the selected alternative routes would be reviewed in preparation of a Supplemental Environmental Impact Statement. The SDEIS finally announced that the selection of the A-15 route, despite much controversy, was the valid selection. Soterion Corporation appears to have had a $ 5 million dollar profit interest in making sure the A-15 route was again selected by the SDEIS. The identity of Soterion Corporation shareholders, members, officers who were/are also otherwise involved in the public consultation process on the selection of the A-15 route will shed light on whether the route selection was validly based on the proper factors, or biased and corrupted to result in a predetermined outcome to benefit the secret owners. KYTC should be leaving no stone unturned to get this information into the sunshine. KRS 61.220 and KRS 61.3210 enforcement would require KYTC to determine the names and interest of the Soterion Corporation shareholders to avoid illegality. The U.S. Dept. of Transportation, Office of Inspector General, identifies Conflicts of Interests fraud as: A government contracting or oversight official has an undisclosed financial interest in a contractor or consultant, resulting in an improper contract award or inflated costs. http://www.oig.dot.gov/common-fraud-schemes last accessed 4-13-2012. Thank you for your assistance. [signed in original] Clarence Hixson Attorney for CART 1336 Hepburn Avenue Louisville, KY 40204 (502) 758-0936 budhix@iglou.com Copy to: Office of Inspector General Kentucky Transportation Cabinet 700 Louisville Road Frankfort, KY 40601 John Sacksteder, PE, Project Manager Community Transportation Solutions Louisville - Southern Indiana Ohio River Bridges Project 305 N. Hurstbourne Lane, Suite 100 Louisville, KY 40222

Mr. Duane Thomas FHWA KY Division 330 W. Broadway, Room 264 Frankfort, Kentucky 40601-1981 Janis Osadczuk FHWA, Indiana Division 575 N Pennsylvania Street, Room 254 Indianapolis, IN 46204

CLARENCE H. HIXSON Attorney at Law 1336 Hepburn Avenue Louisville, KY 40204

(502) 758-0936

budhix@iglou.com

_________________________________________________________________________________________________________
By email followed by first class mail Ann Stansel Records Custodian Office of Legal Services Kentucky Transportation Cabinet 200 Mero Street Frankfort, KY 40622 Dear Ms Stansel, I am in receipt of your response dated April 4, 2012. Our request for information about the Soterion Corporation membership was specific enough that the Transportation Cabinet could quickly locate responsive existing documents that would be responsive to our requests. We would be glad to travel to Transportation Cabinet offices to review responsive documents. This is in conformity with the authorities you relied upon for the blanket denial of our request without any attempt to assemble available responsive documents. CART is fully aware of its rights to pursue relief for the blanket denial with the Attorney General and the Circuit Court. This could be avoided by making the Soterion background file available for inspection. CLARIFICATION IN SUPPORT OF REQUEST As further clarification, 1. We request to see documents as stated in the numbered paragraphs of our original request which may be identified as documents with the words "Soterion Corporation" on them. 2. The more limited class of such documents we requested to inspect include such documents that identify the owners of Soterion Corporation. 3. The more limited class of such documents we requested to inspect include such documents that identify the members of Soterion Corporation. 4. The more limited class of such documents we requested to inspect include such documents that identify the shareholders of Soterion Corporation. 5. The more limited class of such documents we requested to inspect include such documents that identify the members, shareholders, owners, of Soterion Corporation in 2000 - 2012. April 6, 2012

6. The more limited class of such documents we requested to inspect include such documents that pertain to a land title transaction contract for sale of the Drumanard Estate between the owner Soterion Corporation and a state agency. 7. The more limited class of such documents we requested to inspect include such documents that pertain to a land title transaction contract for sale of the Drumanard Estate between the owner Soterion Corporation and a state agency and related transactions such as documents related to a mortgage from Stock Yards Bank secured by the same property. 8. We request to see documents as stated in the numbered paragraphs of our original request which contain the words "Title VI" and that pertain to the Bridges Project and have been created to address the requirements of conformity to the Civil Rights Act of 1964 and have been created or updated since 01/01/2010. Since the Transportation Cabinet has a designated Title VI officer and has certified it will comply with Title VI in its projects, these documents should be ready to hand and pose not burden of production. Please respond within 3 days pursuant to KRS 61.880(1). See attached statutory cites KRS 61.871 and KRS 61.880 and excerpt for 08-ORD-269 page 5. Thank you for your assistance. Clarence Hixson Attorney for CART 1336 Hepburn Avenue Louisville, KY 40204 (502) 758-0936 budhix@iglou.com

KRS 61.871 Policy of KRS 61.870 to 61.884 -- Strict construction of exceptions of KRS 61.878. The General Assembly finds and declares that the basic policy of KRS 61.870 to 61.884 is that free and open examination of public records is in the public interest and the exceptions provided for by KRS 61.878 or otherwise provided by law shall be strictly construed, even though such examination may cause inconvenience or embarrassment to public officials or others. KRS 61.880 Denial of inspection -- Role of Attorney General. (1) If a person enforces KRS 61.870 to 61.884 pursuant to this section, he shall begin enforcement under this subsection before proceeding to enforcement under subsection (2) of this section. Each public agency, upon any request for records made under KRS 61.870 to 61.884, shall determine within three (3) days, excepting Saturdays, Sundays, and legal holidays, after the receipt of any such request whether to comply with the request and shall notify in writing the person making the request, within the three (3) day period, of its decision. An agency response denying, in whole or in part, inspection of any record shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld. The response shall be issued by the official custodian or under his authority, and it shall constitute final agency action. Page 5 08-ORD-269 While it is certainly true that public agencies are not required to compile information to satisfy a request, we believe that agencies are required to make available for inspection, during normal office hours, records that might yield the information sought. 97-ORD-6, p. 5 (original emphasis). In keeping with this position, the Attorney General has noted that when a requester is unable to identify the records sought for inspection with adequate specificity, or wishes to extract information which has not already been compiled, he may make a fishing expedition through public records on his own time and under the restrictions and safeguards of the public agency. 98-ORD-17, p. 10, citing OAG 76-375, p. 3. Echoing this view, the Attorney General has consistently held that one desiring that lists be made, or that broad categories of information be provided, must expend their own time digging the information out unless it has already been compiled. Id., citing OAG 89-61, p. 5. Accordingly, the Cabinet exceeded its duty, to its credit, in providing written answers to questions asked; however, the Cabinet must provide Mr. Bryan with access to nonexempt records which are potentially responsive, if any exist,[1] so that he can extract the information himself, assuming that Mr. Bryan wishes to exercise this option. If no such records exist aside from the Maintenance Guidance Manual, the Cabinet should affirmatively indicate as much in order to resolve any lingering confusion regarding this issue.

APPLICATION FOR INSPECTION OF PUBLIC RECORDS Pursuant to KRS 61.870 - KRS 61.884, 42 U.S.C. 4231 et seq To: Ann Stansel or Open Records officer Office of Legal Services Attn: Open Records 200 Mero Street Frankfort, KY 40622 John Sacksteder, PE, Project Manager Community Transportation Solutions Louisville - Southern Indiana Ohio River Bridges Project 305 N. Hurstbourne Lane, Suite 100 Louisville, KY 40222 Mr. Duane Thomas FHWA KY Division 330 W. Broadway, Room 264 Frankfort, Kentucky 40601-1981 Janis Osadczuk FHWA, Indiana Division 575 N Pennsylvania Street, Room 254 Indianapolis, IN 46204 Gary Valentine Asst. State Hgwy. Engineer 8310 Westport, D-5 Louisville Louisville KY 40202 Date: Applicant: ________________________ Clarence H. Hixson Attorney for CART Coalition for the Advancement of Regional Transportation 1336 Hepburn Avenue Louisville, KY 40204 (502) 758-0936 budhix@iglou.com Ms. Stansel or Public Records request Officer, KYTC announced that a contract had been reached to purchase the Drumanard Estate and the attached article was posted on the KYTC website. See copy below. Information obtained through this Open Records Request will not be used for commercial purposes. The non-profit group CART seeks information that provides transparency and public disclosure in the agency decision to purchase the Drumanard Estate property for a price of $ 8.3 million. CART seeks records showing that purchase of the estate is in compliance with applicable laws. March 27, 2012

Copy to:

There being no applicable exceptions in KRS 61.878, and KYTC being obligated to inform the public of actions affecting the environment under its NEPA process, 42 U.S.C. 4231 et seq. CART requests to inspect and copy or receive via email as .pdf file, public records of the following: 1) that KYTC or applicable contractor has fully complied with federal law prior to the acquisition of this right of way property. Specifically 23 C.F.R. 710.305 states that the ROD and EIS should be completed as well as the Clean Air Act project level conformity analysis. This is a request to inspect and copy FHWA authorization and approval for this right of way acquisition. 2) that KYTC or applicable contractor has fully complied with federal law prior to the acquisition of this right of way property including documents showing the state complied with the requirements of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d2000d4). 3) that KYTC or any branch or agency of Kentucky state government prior to contracting for the sale, performed adequate investigation to ascertain the existence of any conflict of interest or selfdealing by any decision maker in the LSIORB project by obtaining the identity of shareholders, partners, silent partners, owners, ultimate beneficiaries, and officers of the Soterion Corporation? Indiana Secretary of State number 35-1879795 Robert Scott Jones President 2002 Long Knife Court Louisville, KY 40207 Kimberly Casaboro 405 Mayfair Lane - secretary Louisville, KY 40207 Margaret W. Jones, Vice- President 3214 Coppertree Bloomington IN 47401 A 2011 mortgage document, MB 12314 PG0150, recorded in the Jefferson County Land Records, lists the corporate address as 9905 Hyacinth Court, Louisville KY 40241. 4) whether the ultimate shareholder beneficiaries of Soterion are present or former: state employees; public officials of Kentucky or Indiana; Bridges Authority members or staff; other public agents including KIPDA, for whom receipt of a share of profits from the Soterion sale of the Drumanard estate would pose a conflict of interest or a violation of ethical rules. 5) whether KYTC or any branch or agency of Kentucky state government has determined that no present or former officer, member, elected official or employee of Kentucky or Indiana state, government, including an agency or authority or sub division thereof, is a past or present shareholder partner, silent partner, owner or officer of the Soterion Corporation since 1997? 6) whether there are any related transactions such as mortgage payoffs and relocation fees that add cost to the purchase price of the Drumanard Estate property 7) what is the actual difference in the price paid and the purchase price, or the amount of profit Soterion Corporation will reap from the transaction?

8) To inspect and copy the real estate appraisal that KYTC relied upon to determine the fair price of the property and whether FHWA approved the appraisal? 9) whether Soterion Corporation intentionally purchased the Drumanard Estate in 2000 based on information that the east end bridge approach 15A alternative would ultimately be selected that would require a right of way across the property?

10) when and how officers or members of the Soterion Corporation learned that the east end bridge 15A alternative approach would be selected? 11) whether any owner, officer, member or shareholder of Soterion Corporation is a past or present Indiana state employee or official, or obtained insider information regarding the 15A right of way? 12) whether any ultimate beneficiary shareholder, partner, silent partner, owners or officer or their spouse, of the Soterion Corporation, is a member of the Louisville and Southern Indiana Bridges Authority? 13) whether any shareholder, partner, silent partner, owners or officer or their spouse, of the Soterion Corporation, is a member of River Ridge Development Authority?

Sincerely,

Clarence H. Hixson Counsel for CART 1336 Hepburn Avenue Louisville, Kentucky 40204 (502) 758-0936

cc:

Ann Stansel or Open Records officer John Sacksteder, PE, Mr. Duane Thomas Janis Osadczuk Gary Valentine David Coyte, CART

<http://transportation.ky.gov/Pages/News-and-Events.aspx> Drumanard Sale Contract Secured 3/19/2012 FRANKFORT, Ky. (March 16, 2012) The Kentucky Transportation Cabinet (KYTC) has contracted for purchase of the historic Drumanard Estate in Jefferson County, taking a significant step toward realization of a long-sought East End Bridge over the Ohio River. The cabinet will pay $8.3 million for the approximately 50-acre property owned by Soterion Corp. Closing of the purchase is to occur on or before April 17. An East End Bridge connecting Prospect, Ky., and Utica, Ind., is part of the Louisville-Southern Indiana Ohio River Bridges Project. Kentucky and Indiana are splitting the project into two procurements Indiana contracting for the East End crossing and Kentucky contracting for a downtown Louisville bridge and approaches on both sides of the Ohio River. Under terms of the Record of Decision for the project, the approach to the East End Bridge will be tunneled beneath the Drumanard property. KYTC will place a preservation easement on the property, which is listed on the National Register of Historic Places. Images: