Surveyor dealing with fine, bankruptcy

MUNCIE, Ind. — Delaware County Surveyor Tom Borchers this month started paying off a $3,000 fine related to his former pesticide application business.

Borchers, a Republican who was elected as surveyor last November, was cited in 2016 for intentionally altering his pesticide application license and for 12 counts of falsely professing to have a pesticide business license, according to a report released  by the Office of Indiana State Chemist recently.

The state chemist launched an investigation of Borchers after his firm, Shideler Spray Service, Eaton, submitted bids to the Vanderburgh County Surveyor to apply pesticides along ditch banks.

Borchers' and a Shideler employee's pesticide applicator licenses indicated expiration dates of 12/31/2016, but the expiration dates were typed with an unusual font.

When confronted by compliance officers for the state chemist, Borchers explained that as the bidding deadline approached, he realized he had not renewed his pesticide business license or the pesticide applicator licenses for himself and the employee.

The applicator licenses had expired in 2015, about three months before Shideler Spray bid to spray 12 ditches in Vanderburgh County.

"Mr. Borchers admitted he signed and submitted the bid packet prior to becoming licensed for 2016," compliance officer George Saxton wrote in a report. "He indicated he recently sent the (license) renewal and the fees to the OISC. Mr. Borchers later provided a typed statement indicating he 'included a false license' in submitting the bid packet." 

In addition, Borchers' license indicated he also was certified to apply pesticides on agricultural crops, when in fact, that certification had expired in 2012, according to the state chemist.

As a result,, Borchers' pesticide certification was revoked.

"To apply pesticides for hire, you must be certified and work for a licensed business," Saxton told The Star Press. "Revocation means you cannot apply pesticides for hire. Revocation is for five years and then an individual can start the certification process again."

Borchers, who did not return telephone and email messages from The Star Press, arranged to pay the $3,000 fine in monthly installment of $100, the first of which he made on June 12, according to Saxton.

Shideler Spray, which had been in business since the 1980s, began facing lawsuits starting in September of 2016 from Crop Production Services and Star Financial Bank for non-payment on an account and on promissory notes totaling more than $90,000.

This past May 9, Borchers filed a petition for bankruptcy, two weeks before the Indiana attorney general brought a lawsuit against Shideler Spray for non-payment of $15,000 in unemployment insurance taxes.

Contact Seth Slabaugh at (765) 213-5834.