Monday, March 19, 2018

19 March 2018 Lawrenceburg City Council Meeting Notes

19 March 2018 Lawrenceburg City Council Meeting Notes

[Note: There was no discussion or mention of the fly ash issue at any part of this meeting.

Board of Works
Seymour, Calloway, Clawson, Mollaun, Tremain, Combs, Mills

Mike Clark- Opening bids for Industrial Drive and Charles A Little Dr- paving and sewer
Rohe- $1,185,200- 
Utter ( sp?) Construction $908,690.67
O’Mara- $773,000
Recommended the low bid- For O’Mara- Approved. 

Claims approved.
Adjourned 6:05 PM

Utility Board:
Abbott, Cook, Davis, Abner, Seymour, Weldon, Clawson, Mollaun, Richardson.

Clawson- Lineman Rodeo- attending one out of town for April 27-28 in Raleigh NC to get ideas for our rodeo at Fall Fest.

Minutes approved. 

Committee reports- none
No new or old business.

Claims approved.
Adjourned6:08 PM

Council Meeting:
Abbott, Davis, Mollaun, Weldon, Richardson, Abner,  Seymour, and Clawson

Minutes approved for March 5th 
March 8 approved also with Redevelopment

Ridgewood having lunch for first responders Tues- tomorrow

Mollaun- Now live-streaming on you tube with new cameras and mics.

Mike Clark- Replat of Cook Place subdivision- approved with Seymour abstaining.

Richardson- has forms for elected officials to voluntarily fill out - blank form on the website. This can also be filled out by citizens. Trying to document and track where issues are. 

Mollaun- Update from Sports Complex people at the Fairgrounds. They are waiting on the investment group. Was going to move the 4H area to an area closer to concessions and restrooms. This year we will start an annual bull riding and rodeo with Fall Fest. They can use their own workers to get this done. Concrete and fence to be done. $125,000 NTE to be committed by Council for this. Utilities will supply water and lighting and electric. It will be a nice arena that canoe used for a number of things. Approved to move forward to get done by June 4H Fair.

Staff worked hard on a grant for Industrial and Little Dr (see above in the Board of Works) for $510,186 from Community Crossings Grant. 

$22,500- advanced payments for Fall Fest- Murray Brothers. Approved.
$9,000 for firewall grant on High St house that was remodeled- Redevelopment Commission- approved to do it with the claims. 
Claims approved.
Additional grant for legal fees to make a one time payment for properties in litigation on High St from bankruptcy for $3500. Approved with Davis abstaining.

Adjourned 6:25 PM

Christine Brauer Mueller
Lawrenceburg Township

Proposed Fly Ash Ordinance for the County Commissioners

Proposed Fly Ash Ordinance for the County Commissioners

FLY ASH ORDINANCE-  Ordinance to Add Title XV Land Use Chapter 155 Environmental Regulations

ORDINANCE 2018-_____ 
WHEREAS, the Dearborn County Board of Commissioners has authority, pursuant to its statutory and home rule powers, to amend the Dearborn County, Indiana Code of Ordinances; and 
WHEREAS, the Dearborn County Board of Commissioners, pursuant to statutory authority as the duly elected County Executive for the County of Dearborn, State of Indiana, is tasked with the protection of the health and safety of its residents as well as the preservation of the local environment and ecosystem; and 
WHEREAS, the Dearborn County Board of Commissioners now determines that creating Title XV, Chapter 155 of the Dearborn County, Indiana Code of Ordinances will best protect the health and safety of its residents and to preserve the environment and ecosystem, all of which is in the best interest of the citizens of Dearborn County. 
NOW THEREFORE, BE IT ORDAINED by the Dearborn County Board of Commissioners, that an amendment be made to the Dearborn County, Indiana Code of Ordinances to add Title XV, Chapter 155 as follows: 
§ 155.01 Purpose 
§ 155.02 Definitions 
§ 155.03 Transportation and Placement of Certain Materials 
§ 155.04 Application to Zoning Districts 
§ 155.05 Conflict With Other Laws 
§ 155.06 Exceptions 
§ 155.07 Enforcement 
§ 155.08 Effective Date 
§ 155.01 PURPOSE 
(A) Purpose of Environmental Regulations: 
(1) To protect the health, safety and general welfare of the citizens of Dearborn County, Indiana; and 
(2) To ensure the preservation and continued use and enjoyment of the environment and ecosystem; and 
(3) To enhance property values and attract new residents; and 
(4) To ensure the viability of the corporation limits; and 
(5) It is deemed essential by the County that these protections be put in place and enforced. 
(B) These purposes are advanced through a prohibition against the importing of certain materials and storage, in any form, whether temporary or permanent in nature, within the corporate boundaries of Dearborn County. 
(C) It is the intention of the County through this Chapter to preserve and 
protect the public health and environment and to enforce these provisions as necessary to that end. 
For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words in the present tense include the future tense. The singular number includes the plural, and the plural, the singular. Terms not defined in this section shall have the meanings customarily assigned to them. 
COUNTY. The County of Dearborn, State of Indiana. 
COUNTY LIMITS. The corporate legal municipal boundaries of the County of 
Dearborn, State of Indiana. Said boundaries shall include all incorporated and unincorporated areas of the County. 
COAL ASH. The definition of COAL ASH shall include all coal combustion residuals or CCRs, including Fly Ash, Bottom Ash, Boiler Slag, Flue Gas Desulfurization Material, fluidized bed combustion ash, cenospheres, scrubber residues. All such terms shall have their plain meaning as well as the meanings referenced by the EPA and IDEM. 
PERSON. Includes a company, a firm, a partnership, a limited liability company, or a corporation, as well as an individual. 
PLACEMENT. Any offloading of any quantity, from a vessel, a vehicle or by a person, for any duration of time, whether intentional or accidental. 
SHALL. The word SHALL means that it is mandatory. 
TRANSPORTATION. The movement by any manner or means, whether by powered or unpowered vessel or vehicle, or by a person, via land, air or water, above or below ground. 
The transportation of Coal Ash from outside the County limits to inside the County limits for the purpose of placement within the County limits shall be unlawful and prohibited. This is true for any duration of placement and any location within the County limits for any purpose, regardless of approval or permitting by any agency, including those of the State or Federal government. 
All zoning districts lying within the County limits are subject to the regulations herein. If there is a conflict between the requirements of the zoning district and the requirements of this Chapter, this Chapter shall apply. 
This Ordinance shall be given full force and effect for all actions taken within the County limits, and any conflict with any other laws, whether local, State or Federal in jurisdiction, shall be construed in favor of this Ordinance. 
§ 155.06 EXCEPTIONS 
A. A variance to this prohibition may be requested by submitting the same in writing to the Dearborn County Board of Commissioners. The application shall state: 
1. The identity and chemical composition of all prohibited materials to 
be transported. 
2. The amount of each prohibited material and the percentage 
composition as compared to other materials contained therein. 
3. The number of such shipments. 
4. The frequency of such shipments. 
5. The origin and destination of such shipments. 
6. The purpose of the transportation. 
7. The Party or Parties responsible for transportation and placement. 
B. The Dearborn County Board of Commissioners shall hear from the applicant, the general public, and any other persons deemed beneficial to decision-making, and 
after doing so shall deliberate and decide as to whether to grant a variance within thirty (30) days of the hearing. 
C. The Dearborn County Board of Commissioners shall base their decision on the following factors: 
1. Potential harm to the health of the citizens of the County. 
2. Potential harm to the environment of the County. 
3. Whether ot not there are sufficient safeguards in place to guarantee the safety of human health and the environment. 
D. Denial of a variance may be reviewed by the County Superior or Circuit Court. 
E. Should a variance be granted by the Dearborn County Board of Commissioners, said variance shall be subject to the entire Dearborn County Zoning Ordinance which includes, but is not limited to, Article 8: Floodplain Regulations and Article 25: General Requirements, and specifically Section 2572 – Environmental Provisions. 
(A) Any person, whether as principal, agent, owner, lessee, tenant, contractor, builder, architect, engineer, or otherwise, who violates any provision of this Chapter shall be immediately subject to its penalties. 
(B) The presence of any materials prohibited by this Chapter shall be prima facie evidence of a violation of these provisions, and subject the person or persons possessing the materials to its penalty provisions, along with the entity on whose behalf said person is operating. 
(C) The erection, construction, enlargement, alteration, repair, demolition, moving, or maintenance of any building, structure, or appurtenance which is begun, continued, or maintained contrary to any provisions of this Chapter is hereby declared to be a nuisance and in violation of this Chapter and unlawful. 
(D) The County may institute a suit for injunction in the Circuit Court or Superior Court of the County to restrain any person or government unit from violating any provision of this Chapter and to cause such violation to be prevented, abated, or removed. Such action may also be instituted by any property owner who is adversely affected by the violation of any provision of this Chapter. 
(E) Any violation of the provisions of this Chapter shall subject the violating party or parties to injunction and damages, including fines, cost of collection and 
attorney’s fees. The violating party or parties shall also be liable for all costs of cleanup and remediation. 
(G) The remedies provided for in this section shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. 
(H) Any person or party aggrieved by a decision under this Chapter shall be entitled to judicial review. 
This Ordinance shall be effective immediately upon passage by the Dearborn County Board of Commissioners and shall be recorded in the Dearborn County, Indiana Code of Ordinances and published accordingly. 
ALL OF WHICH IS ORDAINED by the Board of Commissioners of Dearborn County, Indiana this the _____ day of _______________, 2018. 
______________________________ ______________________________ 
ATTEST: ______________________________ 
County Auditor 
This Ordinance prepared by: Andrew D. Baudendistel #28212-15, Dearborn County Attorney, 60 East High Street, Lawrenceburg, Indiana 47025. Phone: (812) 537-4500. Fax: (812) 539-4500. 

Sunday, March 18, 2018

Agenda March 20th DC Commissioners Meeting

 March 20, 2018 
6:00 p.m., Henry Dearborn Room
Dearborn County Government Center
165 Mary Street, Lawrenceburg, Indiana




1.  Ordinance to Add Title XV (Land Use), Chapter 155 (Environmental Regulations) 

1.  Grant for EMPG Salary Reimbursement – Jason Sullivan, EMA Director

2.  Discussion Re: Public Hearing for MGPI Petition to Appeal from an Ordinance

1.  Award for Bridge #88 Deck Overlay – presenting for Todd Listerman

2.  Signatures for 2018 Contracts for Emergency Medical Services 
VII. AUDITOR – Connie Fromhold
1.  Claims/Minutes

VIII. ATTORNEY – Andy Baudendistel




Tuesday, March 13, 2018

Daylight Savings Time: You Can't Fool Mother Nature

Daylight Savings Time:
You Can't Fool Mother Nature

 by Mark Franke

Every English school child knows the story about King Canute sitting on the seashore and commanding the tide to stop before wetting his feet. Needless to say, it didn’t, which was the point old Canute wanted to make. He may have been king, but the laws of nature answer only to God. Apocryphal or not, there is something to be learned from this.

But not by the political and business leaders who have imposed daylight savings time on us long-suffering Hoosiers. Forget the movement of the sun; we’ll make time jump to and fro however we want it to.

Keep this mind: The rotation of the Earth and progress of the sun places Indiana squarely in the Central Time Zone. That’s where we were assigned in the nineteenth century when the railroads and interstate commerce forced standardization of local time and again in 1918 when Congress stepped in to regulate time across the continent. That means we are already one hour off nature’s clock. With daylight savings time, it is now two hours.

Oh, there is a bounty of reasons why this is a Good Thing. Unfortunately for the Indiana State Chamber of Commerce and its allies in the Statehouse, all these reasons have been more or less debunked.
John Gaski, a professor in the Mendoza College of Business at Notre Dame, analyzed the claims made by proponents back in 2011 when the Indiana General Assembly condemned us to daylight savings hell. Improve school safety and test scores? Nope. Other DST states experienced SAT scores continuing to fall, more school day cancellations and delays, and no noticeable improvement in student safety.

How about the great benefit to accrue to Indiana businesses? The state chamber’s own data showed that central time was slightly better for our local employers. And don’t forget the global economy, the Internet and the 24-7 business day which wait for no artificial clock scheme.

So think for a moment about the mundane effects of this on the average citizen. Who didn’t wake up grumpy last Sunday due to a missing hour of sleep? Did you feel any better going to work Monday morning?

The human body has an internal clock, called the circadian rhythm, that processes the body through a 24 hour cycle with or without light. That just doesn’t conveniently reset itself in March and November in spite of the dictate of the Indiana General Assembly. It’s difficult for senior citizens like me, and even worse for school-age children who don’t start functioning well until their bodies say it is 9:00. My wife, a retired elementary school teacher and principal, can attest to that. This week they effectively start school with an internal clock that screams, “It’s only 7:00!”

There must be a conspiracy in this somewhere, and I think I have rooted it out. A group of environmental do-gooders have convinced our legislators to take this action in order to protect the lightning bug. (Yes, lightning bug. No self-respecting Hoosier would ever call it a firefly in spite of another law recently passed by the Indiana General Assembly demanding just that.)

Now when it finally gets dark about 10:00 p.m in that first week after schools let out, the lightning bugs are safe from capture and imprisonment because all our young children have long since fallen asleep. That is, if we can fight them into bed while the sun is still shining through their bedroom windows.

But there is a blessing in this human nonsense. We Hoosier Christians can hold our Easter sunrise service at 7:00 a.m.rather than at 6:00. God, and the faithful, get the last laugh.

Mark Franke, an adjunct scholar of the foundation, is formerly an associate vice chancellor at Indiana University-Purdue University Fort Wayne.

The Indiana Policy Review Foundation is a non-profit education foundation focused on state and municipal issues. It is free of outside control by any individual, organization or group. It exists solely to conduct and distribute research on Indiana issues. Nothing written here is to be construed as reflecting the views of the Indiana Policy Review Foundation or as an attempt to aid or hinder the passage of any bill before the legislature or to further any political campaign.

Monday, March 12, 2018

Insect Control and Enforcement Division' Gearing Up to Manage Now Official Firefly

Insect Control and Enforcement Division'
Gearing Up to Manage Now Official Firefly

by Leo Morris

Those who worry about Indiana’s image in more enlightened sections of the country can relax a little now that one black mark on the state’s reputation has been erased: It is no longer one of only four states that do not have an official insect.

Hoosier entomologists will no longer have to hang their heads in shame when they go to national conferences. And the even better news is that new state laws don’t take effect until July, so we have several months to get used to the new rules and regulations that will attend designation of Say’s Firefly – sometimes disrespectfully called a “lightning bug” – as the official state insect.

The guidelines from the Indiana Department of Natural Resources’ new Insect Control and Enforcement Division (ICE) run 170 pages. That’s quite short as state dictates go, but it can be a lot to absorb. Informed Hoosiers should learn the highlights, especially if they want to be in a position to explain the situation to their children, who, after all, will be the most affected.

They will still be able to watch and catch fireflies as always but there will be a few important limitations:
  • Only official firefly receptacles, made of glass and no larger than quart size, may be used. These jars can be purchased at any supermarket or convenience store, except on Sundays.
  • Fireflies may be kept in the jars for only three days. Since the adult insects live for only about two months, anything longer would be considered cruelty to a lower life form.
  • No more than five fireflies may be kept in one jar by anyone who does not have a breeder’s license, which may be obtained from the state for a $1,000 fee after the required 12-week course is completed.
  • To cut down on complaints from neighbors who require low light levels to sleep, fireflies may be displayed in jars only from 8 to 11 p.m., except for the five-day periods before and after the Fourth of July, when local jurisdictions may relax the rules if they choose.
  • If more than 30 fireflies are confined at one time (e.g. five fireflies in six jars or three fireflies in 10 jars), it will be considered an organized event and a permit must be obtained.
State officials stress that these rules are not meant to be punitive. Rather they are instructive, aimed at teaching our young people that fireflies are creatures of the wild, not suitable as pets. Fines will be minimal, and violations will be considered as infractions rather than misdemeanors that would go on a child’s permanent record.

One possible snag that officials are reluctant to talk about is the fact that only the Say’s Firefly is the official state insect, so none of the other 2,000 or so varieties will be appropriate for our children’s catch-and-release outings.

This could be problematic in northern counties, since the Say’s Firefly is thought to be common only in southern and central counties. ICE officials are apparently working on an exchange program in which Say’s Fireflies and non-Say’s fireflies will be trapped in various counties and transported to the appropriate venues. Details are still being hammered out, including what to do about smugglers who will surely try to create a black market in undocumented fireflies.

Which of course brings up the problem of fireflies indigenous to other parts of the country and, indeed, the rest of the world. Obviously, no wall would be high enough to keep them out, and officials won’t comment on speculation that they are consulting with the experts now trying to figure out how to keep Asian carp out of Lake Michigan.

Some of us worry about the massive new bureaucracy that could be needed to operate the new firefly program. But the state insists that it can handle things with no more than 75 ICE agents, some of them doubling up on small counties. They won’t harass our citizens with random raids, but will act only on citizen complaints.

Furthermore, at least 30 percent of their salaries will be paid through fines and fees, and there is no need for them to be armed “at this time.”

Speaking of carp, the state doesn’t have an official fish, not to mention a state mammal or dog breed. Now that we know it can be done, let’s get to work on that.

Leo Morris, columnist for The Indiana Policy Review, is this year's winner of the Hoosier Press Association's award for Best Editorial Writer. Morris, as opinion editor of the Fort Wayne News-Sentinel, was named a finalist in editorial writing by the Pulitzer Prize committee. Contact him at

Thursday, March 08, 2018

8 March 2018 Lawrenceburg City Council Working Meeting Notes

8 March 2018 Lawrenceburg City Council Working Meeting Notes

Because of the first assault on potential Port Authority property and what it could mean for the residents of and people who work in Lawrenceburg as well as the communities dependent on their water source or downstream from the area, I attended the special meeting of Lawrenceburg Council tonight. CBM

Present: Mayor - Kelly Mollaun and Council members: Paul Seymour, Jr, Tony Abbott, Aaron Cook, Mel Davis, and Randy Abner. 
Rick Richardson Clerk Treasurer. Attorney- Del Weldon. Olen Clawson, Utilities director. 

Joe Awad- Register Publications covered the meeting.
Brian DeBruler - Video taped the meeting
The room was nearly full.

Working session- with Redevelopment and Council: 

Mayor Mollaun- Approached about a sports complex over at the fairgrounds. JT Roberts for the sports complex  updated them that Town and Country ( the manager) and the investment group are still working things out. 
Council had agreed to move some things for 4H in anticipation of this working out. 
Olen Clawson had told him they were having their lineman competition at the same time as 4H fair. And having bull riding also. They are thinking of making it a dual purpose arena. 
Lawrenceburg Conservancy is involved in some land for this also. Council was in agreement and so they will start research on this working out. 

Mollaun -Talked about coming up with an investment committee- Jim Higgins (he couldn’t remember the company he worked for- but I believe it was London With in Indy. Higgins did work for the county in years past0 does this for many municipalities. Mollaun wants to make sure they are maximizing their investments for maximum return. 
Rick Richardson quoted a lot of Indiana Code- showing that he is the one who is authorized by law to do the investments. He passed out a packet of material. He checked with State Board of Accounts. Also got an outside opinion from Siekman Law office in Ohio County. He will ladder the investments and will have a monthly financial report online- the first is online already on the clerk treasurers office action of the website. The investing officer stays as the clerk treasurer. He’s been on the job 3 weeks now. He’s talked to McLaughlin at UCB and Tommy Palmer at US Bank. Committed to giving them updated information. Mollaun said he wouldn’t have brought this up if he knew he would do this. He’s all in favor of this. They noted there was no malicious intent in any of this. Del Weldon said the former Clerk Treasurer wanted this. Seymour said- this guys a worker-  lets turn him loose.


Mollaun asked Weldon to present the proposed ordinance for controlling the Fly ash issue. Weldon gave a history of the fly ash controls that were put into place for the previous power plant owners. 1950-60s and 1973 were the 2 fly ash ponds. They put these in water to control them. In 2008 there was another landfill added for this. In 2015 AEP sold out and our ponds and landfill were grandfathered in prior to the new EPA rules set up after a couple major spills. IDEM has now decided to open this up for public input. They have met with appropriate agents and people in Indy. They have this ordinance online.
This is chapter 158 - Environmental Regulations- Weldon- read the new ordinance. Federal Government empowered IDEM to enforce this. The rules are new- from 2015-at IDEM.
Defined all the substances that they are prohibiting.
Penalties provision- Lawrenceburg can obtain an injunction.  Also damages, fines, and penalties. 

PUBLIC- Shara Schweitzer Aurora- concerns about the exceptions section. Weldon responded that there has to be an avenue for a variance for a court of law to look upon the ordinance favorably. He outlined the steps needed to get a variance and the PUBLIC hearing for this.
Another questioner stated that AEP tested their own groundwater for ash deposits. How to protect Aurora who is downstream from that. Weldon said that the cities and county are passing similar ordinances.
Another question from someone with TriTownship Water - IDEM has authority for 30 years to enforce the safe water drinking act. Clawson responded- that they have  a contingency. They have more protocols to test ground water and surface water too now. The wells for Lawrenceburg and Greendale are upstream from this. Aurora is downstream of it. Testing yields PROVABLE data for IDEM to sink their teeth into. Randy Turner, Steve Lampert, and he would turn in any data to IDEM.

Joe Awad- by state law they have to print those legals so read those in the local paper. Hoosier State Press works hard to keep those published. You don’t get these on Facebook!

Shara Schweitzer again- Four different notices were dated back to Jan 2017 to the property owner. Dearborn County has the highest incidence of cancer in the state. Cancer is inked to living near these ash pits. She noted they sit on Port Authority Board. These notices were copied to you and yet you say you didn’t know about this. Mollaun went on in detail saying he did not know about this, but he would never ever do anything to harm his family or the residents. [NOTE: it would be interesting for future reference to see where IDEM sent those notices and in what format.]

Brian DeBruler- Bright- applaud them for taking this step with the ordinance. Is this challenging the Army Corp of Engineers? IDEM specifies the enclosed conveyor for this. And this comment will address both. Conveyor might be away to stop it if the IDEM part isn’t stopped. Discussion that Dayton has landfill for this fly ash so why are they bringing it here- it’s right across the street from them. DeBruler noted that the company owning the land is suspect for not letting Lawrenceburg know what they were doing. And that we should respond to them with extreme prejudice.  

Jim Jung- complimented them for following up so fast. Also to try to make sure the public really gets informed. Weldon added verbal and written comment to be accepted from the public and also that notices will be PUBLISHED for the public for hearings at least 48 hours in advance.

The ordinance was unanimously approved by common council.   

Next item is the proposed housing project for the land next to Vance Tousey House. It’s a 150 luxury apt complex. Revenue impact is almost $300,000/year additional  in property taxes. These numbers were in line with Clawson’s estimates. The city looked to bond the project instead of paying cash. This would also be a TIF area. Mollaun likes they project. Should they take a deeper look at this. The infrastructure is already in place from utility standpoint per Clawson. The fixed cost side might be $10 million and thus this will keep rates lower for the rest of the community. In any utility you have to add more people into the the mix. They may have to spend $500,000 on this and will recoup it in a short period of time. Other developments from out in the county pay back much slower. Aaron Cook said that if they add more kids to the system they might need to do something for the school system because the TIF takes the money away. Davis agrees that it is a viable project and wants to see it move ahead. Seymour asked how much money the city gives to the project- about $14million out of the $30million total. Get the hard figures and see. 70% empty nesters and 30% millennials in their other projects. They want 53% gap money from L-bg and at least $5mil is for the garage needed. 

What is the average annual income of the renters? Two bedroom apt for $1100/month and one for $975/month. There may be a few studio apt. Income is $85-110,000 salary. 
They want Flaherty and Collins to borrow money locally and have local contractors. This is a reputable company and Mollaun has been to 2 of their developments- very nice communities. 
Flaherty and Collins is the name of the company. Look them up on the internet. [NOTE: Should high end rental property be subsidized by the local government?]

Historical Society is concerned about effects of the construction on their old building. They can’t afford to do major repairs. They are excited to get new blood there though. 

Pat Krider- Main Street- the exterior design is not the best aesthetically for our community. They have some on their website that might suit us better. Mollaun said they will ask for options on the exterior. 

Mollaun will meet up with them to get more hard numbers.


Rep. Frey has spoken with IDEM, Lyness and Perfect were contacted by Mollaun and he doesn’t know what they have done. 

Ports of Indiana is staying neutral now- though they want to know what is going in this holes also per Mollaun. [NOTE: If a Port Board is unable to take a leadership role in how they want to run the port and what they want to allow, the what good are they really to the community housing the port?]

Meeting adjourned at 6:40 PM

Christine Brauer Mueller
Lawrenceburg Township.

8 March 2018 Dearborn County Redevelopment Meeting Note

8 March 2018 Dearborn County Redevelopment Meeting Notes

Present: Jim Deaton, Chairman,Jim Helms, John Rahe.
ABSENT: Dave Deddens, Alan Goodman, and Jamie Graf (non- voting school board member)
Also present:Sue Hayden, county administrator and minute taker, Andrea Ewan, attorney, Leah Bailey for Connie Fromhold, Auditor and DCRC treasurer.
Title VI statement read as legally required by Deaton.
Meeting started late due to traffic problems from the snow. To get a quorum, they held the meeting with Jim Helms participating by speaker phone. 

APPROVAL OF MINUTES- Feb 8th minutes approved
TIF Fund claims- One Dearborn for $10,000 from three different TIF funds of equal amounts with Aurora TIF paying a penny more. 
No General fund claims
Financials- Clarify Land purchase was taken out of wrong account- Hayden said the Stone property came out of General Fund in error. They sent a letter saying  $111,350.57 needs to be out of other funds to complete what they decided at the last month. 
Aurora Industrial Sign updates- Rate, Randall, and Deaton met with Kevin Mccord (Signarama) and Rick Craig from Craig Distributing. Craig Distributing will participate in some form with paying. Randall said they could use part of the sign on digitally to promote the businesses in the park. They are waiting on a proposal from Signarama and seeing what they will do about getting the other businesses involved. They will hope to have that by the April 12th meeting. Rahe said the County would be responsible for the main sign with Signarama handling the message board and leasing the land for it etc. Signarama can own the sign or they can just manage it. Rick Craig per Randall was glad this is moving forward finally. 
Billboard updates-Table on this until the entire board is back. Deddens was to be making phone calls on that.  
Steve Miller - Capital Real Estate Partners- Randall said that he was to be here, but he got confused on the time. He was hired by Rack Family to market the properties. They have used several real estate people and now they are using Steve Miller. There is a vacant building with 8000 sq ft with 2 loading docks back there at the Industrial Park area. They have some of there parcels on the Zoom Prospector site. They are putting up signs one day. They decided to allow one of the signs temporarily at the corner to sell the Rack properties. It’s on the Kramer property that the DCRC just bought. Its NOT to sell that piece and Ewan wanted to be sure it was clear that it was not for the DCRC property there on the corner. DCRC decided OK for it to be there temporarily. Ewan was concerned that others might be wanting to stick signs there. 
Randall will get them a list of the properties for sale and costs. 
ONE DEARBORN REPORT: Duke Energy award for $10,000 - Randall said she is trying to get most of the work recommended to get it shovel ready bid to get it done. This money is not near enough to get it all done. She now knows what all is required for shovel ready. Deaton asked if they could use Whitewater Mills TIF money for West Harrison infrastructure. Ewan said NO. You could use this money to buy more property to expand the TIF district.  
Ted Nagele is looking to break ground this spring on the Bright Mills project per Randall.
The old Stenger property is 80 acres for sale in the St. Leon Town’s district. It may be needed to upgrade the St. Leon sewer district. 
Increase in project leads and ones that need rail. The former Tootles property which Maxwell owns is the only one that has rail access. She has one also for a site visit from someone thru REDI Cincinnati. Shortage of 45 acres and up sites. So they are looking at our area more. With the Port Discussion that will increases us.
Two owners farms in Center -Hogan township access off Wilmington Pike- a machine shop is by this. Steve Taylor Farm and another owner. Across the road from Probst Farm. Mike Clark property near it too. On rail and out of flood plain. Across the bridge by Cochran. Sewer will be a big issue. Randall will look it up after the meeting.  
The Board did Helms adieu.
Christine Brauer Mueller
Lawrenceburg Township

Wednesday, March 07, 2018

AGENDA March 8th DC Redevelopment Meeting

March 8, 2018
8:30 a.m., 1st Floor Henry Dearborn Room
Dearborn County Government Center
165 Mary Street, Lawrenceburg, Indiana

  1. Call to order

  1. Title VI Statement for Compliance

  1. Approval of Minutes
February 8, 2018 Meeting

  1. Claims & Financials
1.  TIF Fund Claims 
2.  General Fund Claim - NONE
3.  Financials – Clarify Land Purchase was taken out of wrong account

  1. Unfinished Business
1.  Aurora Industrial Sign Updates
2.  Billboard Updates

  1. New Business
1.  Steve Miller, Capital Real Estate Partners

  1. One Dearborn Report

  1. Attorney’s Report

  1. Other Business

  1. Adjournment

Tuesday, March 06, 2018

PUBLIC HEARING cancelled for Cum Cap Development Rate

Change in meeting time

This serves as notice that the March 20, 2018 Dearborn County Commissioners’ meeting time has been changed to 6:00 p.m. 

The Public Hearing Proposing Reestablishment of the Cumulative Capital Development Rate, already advertised, has been cancelled.  
The BOC meeting will begin at 6:00 p.m.

The meetings are held at the
 Henry Dearborn Room,
165 Mary Street,
Lawrenceburg, IN 47025

We provide equal access for our disabled citizens. If you are in need of auxiliary aids or special assistance, please contact the commissioners’ office.



Present: Shane McHenry, President, Art Little, and Jim Thatcher

Also present: Connie Fromhold, Auditor, Andy Baudendistel, Attorney, and Sue Hayden, Administrator

TITLE VI STATEMENT FOR COMPLIANCE was read by Baudendistel as legally required.


Request to hold  6th National Day of Prayer on Courthouse Lawn-  Connie Riegel - first Thursday of May- which is May 3rd. Lasts about 1 hour. Approved. 

Change Orders Annex Project- Maxwell Construction Manager- Chris Grabosky:

Bruns Gutzwiller - paint colors changed, rework witness stand and judges benches, temp handrails, rework entries, additional dumpsters, floor prep on existing courthouse, temp handrails on ADA ramp, stairway trims, glazing, metal supports to jury rooms, flashing, bulletin boards and additional  $49,836.11 additional . Total is $695,000 plus. This falls into the budget. Approved. 

HNB Systems- additional card access and security wiring $ 9685 additional. Several doors card access not on the original drawings that needed security. Final contract of $107,135- This falls within budget. Approved. 

Notification of Voting Locations- Clerk of Courts - Gayle Pennington- No changes in the voting places. She will be sending the locations to the media. Voting locations accepted. 

Signatures on Title Sheet for Small Structures #419 Georgetown Road- Doug Graf with Land Water Group on behalf of Listerman. He needs the sheet signed. HVL POA donated some ROW for this per Baudendistel. Other property owners granted rights of entry to do the work. Approved to sign. 

EMA Director Jason Sullivan- First item- Feb 24 - March 4 -Orange travel advisory for flooding presented and signed. Second item is-Grant application for L-bg Community Grants- for $70,705.00 to outfit all sheriffs deputies and 58 defibrillators for the county buildings  and 16 cabinets to mount in the buildings. Approved to seek grant.
McHenry thanked Jason for all the time he’s spent on the flooding issues and we are about a week ahead of the rest of the area on our cleanup etc. Thanked the  state reps also for showing up to get help. Also all the fire dept. and some of the town’s mayors etc. Food prepared for workers.Aurora Lions club set up to distribute supplies.  Health Dept- 141 tetanus shots given out.  Jason said he will have a meeting soon to discuss how they can improve even more on what to do in these situations. 
Also thanked Jared Teaney for all the extra calls they handled with 911. 

ADMINISTRATOR – Sue Hayden- Environmental and ROW Contract for Bridge #5- for Todd Listerman who is at road school. Jacob Toombs and Lance- for East Laughery Creek Road. County had to do additional tree planting. Cost $22,000 plus- This was in Listerman’s budget. Approved.  

AUDITOR – Connie Fromhold  - Claims and Minutes from Feb 20th meeting- approved. 

ATTORNEY – Andy Baudendistel-County cum Cap Development Fund- McHenry wants to have understanding of what this fund can cover. No one wants to raise taxes. And this is a tax increase. The fund can only be used for construction and remodeling or repair of the Courthouse. He doesn’t personally feel comfortable moving forward with this. 
Little says the amounts taxed will be different in each township. He had a woman come up to him at an AMVET breakfast and stated they can’t afford it. He agrees we should postpone it. 
McHenry said Connie Fromhold has been helpful in getting their questions answered.
Little said what Nugent said- he got tricked into a tax increase once- and never again.
Baudendistel- said the tax rate in 0.333. The Cum Bridge stays as is.
Cum Cap Improvement is at 1.5 cents currently. That also could be expanded. 
County Courthouse Cum Cap- repair is not maintenance- this sets up to do a project and it decreases over time. He thinks that is reasonable to not enact it again as the project is done. 
COMMISSIONERS CANCELLED the meeting on this funding for March 22

Baudendistel brought up the fly ash issue for the Port that Lawrenceburg is dealing with  and Aurora. McHenry has stepped down from chairing the Port Board- and Hastings has chaired it now. He gets “pissed off” when Indianapolis tells us what to do. If it is potentially dangerous- we don’t want it. He won’t go down without a fight.He wants Andy to do whatever we have to do to prevent this. Excuse my language but Im just tired of that crap.
Little- coal did a lot of our electricity and this sulfurous material can have arsenic in it Poisoning the water is an issue. 
Mayors want our signature on letter To Rebecca Joniskin at IDEM to not have this permit. Commissioners agreed to sign the letter. Also assigned Baudendistel to take whatever legal action needed. 
Baudendistel, Weldon, and Miller are working together.

Phil Darling- York Township- Just because they dumped stuff from the 60s - and then hauled it out of there for a reason. Why add more. Asbestos and other material are probably in that tear down. Bringing fly ash form other states. You do not know what was in it. 
Look at that Fernald report. 
Chris Mueller- also commented on the water supply issue for Lawrenceburg, the types of fly ash and the repercussions for future generations on the liners for those pits. Oxbow may be good companion on this fight.  

COMMISSIONER COMMENTS- Goepper at Perfect’s for his Olympic medal celebration.
Frey meeting with the governor on the port issues. 

LATE ARRIVAL INFORMATION- Baudendistel- Resolution that declared us an underground transmission community, Problem was 50 ft tell or 10 feet taller than any phone pole in the area. 
Resolution we passed last year will only apply to new that are residential and ALREADY HAVE BURIED FACILITIES. HOUSE BILL 1050 IS THE SMALL CELL WIRELESS BILL.



Christine Brauer Mueller
Lawrenceburg Township