Monday, June 27, 2016

27 June 2016 Dearborn County Plan Commission Meeting Notes

27 June 2016 Dearborn County Plan Commission Meeting Notes

Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, Mark Lehman, Mike Hornbach, Art Little, Jake Hoog, Dan Lansing, Jim Thatcher, and Eric Lang

ABSENT: Art Little 

Also Present: Mark McCormack, Plan Director, and Andy Baudendistel, Attorney.
Baudendistel read the anti discrimination Title VI statement and  offered voluntary surveys as required by law.

ACTION ON MINUTES- none included in packet- so none approved.

 Request: To address the Plan Commission to discuss modifications to both the concept development plan and written commitments associated with the ‘White Pines’ Zone Map Amendment
 Applicant: JDJ Surveying & Engineering / Owner: White Farm
 Development, LLC
 Site Location: North Dearborn Road Legal: Sec. 20, T7, R1, Map #01-20, Parcel #013 Township: Logan Size: 56 Acres Zoning: Residential-DP

Mark McCormack presented the background. 26 letters sent and 3 were still not picked up at the post office. Property was rezoned in Nov 2007. There were written commitments. Number 2 commitment is being requested to change regarding the buffers. They want to have no buffers if there are 56 or less homes. This is the sole nature of tonight’s meeting. They are to send a favorable, unfavorable, or no recommendation to the Commissioners. They submitted a concept plan and this will have to come back for review if the Commissioners approve the buffer change. Property owners have regraded the Short Road intersection per Commitment #3. This plan was at 75 lots before this changes proposed. 

Jeff Stenger- Surveyor represented Richard Schmidt applicant. He stated they have accomplished the changes requested on Short Road. They changed the layout to get the homes situated so that the backs of houses weren’t facing the road- but rather like a regular setup with the houses facing the road now. 

Lehman asked if the resistance was mostly from the Short Road neighbors who were looking at houses backyards. Stenger said maybe Glenn Crocker can answer that. The exterior lots are 1 acre lots and so there are less of them facing the road now. There is no buffer yard requirements for residential- but because of the former plan they had placed it on this that the PC wanted. Fronts of house face Short Road. They don’t think shared driveways are needed. Most are lining up with opposing driveways on the street. 

Glenn Crocker- 46 year resident of the county. We were concerned about density and the backs of houses. Stenger showed me the plan when he was out there. I told him that I could live with something like this plan. 

Steve Koons- It does look better than it did with 75 houses. Still concerned at Short and Gaynor maybe have  a3-way stop. Have talked with cops about the high speeds from kids after school etc. These are going to be our new neighbors- and kids fly on that road. Hoping to keep the sewer of Gaynor Ridge still as before. 

Bob Gaynor- concerned about drainage from etc development. Kraus, Jr. showed the darker areas on the map for detention ponds. That will be reviewed at the improvement plan stage. He noted the creeks don’t need any excess water. There’s about 1/3 hard surface in here and that could create a lot of water. Kraus Jr. said it should not exceed the current level of water per county ordinance. Mr Gaynor was also concerned about people driving fast on the road and farm vehicle safety issues. We are a farm area and there are cattle and hogs in the area and the people that buy these homes need to understand what that means. 

Tom Gaynor- already covered my topics. We’ll be at the next hearing too. 

Stenger asked to address some concerns. He said he couldn’t drive the posted speed limit on Short Road. He asked Todd Listerman to perform another speed study. It was 40 mph and that’s too fast. The traffic will be changed dues to the reconfiguration also. 

Kraus Jr. said he’d talk to the county engineer about the 3-way stop also.

Beiersdorfer said this is fixing the need for the buffer. Lehman said he didn’t know how a berm could look nice and be effective as previously set up. Land said it could be dangerous for kids darting out between the berms. They are glad that is removed. 
Hoog motioned to send a favorable recommendation to the commissioners and Beiersdorfer 2nded  to have no buffer or berm required if 56 lots or less. All ayes. Passed.

1. Request: To address the Plan Commission for the purposes of: 1) establishing a non-buildable lot to be transferred to a non- adjoining property owner, and 2.) creating a direct access point onto an arterial road which does not meet the driveway spacing requirements.
 Applicant: Ken Boatright, Boatright Development/ PB52, LLC
 Site Location: 2739 Harrison-Brookville Road Legal: Section 10; Map #01-10, T-7, R-1 Township: Harrison Size: Approximately 31.18 Acres Zoning: Agricultural (A) & Highway Interchange (HI) 

Mark McCormack introduced the staff report. It’s an existing farm access and he wants to make it a shared access for something commercial/residential. Most of the lot is Ag. There is an access across the RR tracks and on SR 46 across from Longnecker Road to access the farming portion. The shared access between lots 2 and 3 could have affected the farming portion that is mostly in the floodplain in part. He doesn't think the RR is in the flood plain. The farming side of the road is fairly flat. There is a little business there and some residential around the main buildings there. The farming area is labeled non-buildable. He showed pictures of the properties. He showed the ordinances involved in the waivers. Both waiver requests from Article 1 Section 160. The applicant’s written statement was very short. They also meet the state access site distance requirements if they keep it as stated. 

Lehman- asked how long it would stay non-buildable. McCormack said they would have to repeat it to change that and request. They weren't sure if sharing driveway would improve site distance, in answer to another question from Lehman. Discussion on site distance. 

Rick Mays spoke for Ken Boatright who was out of town. They want to build a pole barn to store landscape equipment. He said they do not really want to have the lot 3 as buildable- they want to farm and hunt there. He may be having 2 businesses- renovating and landscaping. Drive thru pole barn to bring equipment in or out. McCormack noted the high tension power lines etc. on the farm piece. 

Lehman asked about the pole barn on parcel 2 and options but was told they had traffic issues off parcel one with residences there.


Land didn’t want another drive between the Ag drive and the one that exists already. Can we restrict it to being thru the panhandle? the people on that road most often probably know that it is there. 

Lehman said good size trucks need it to be there for site distance issues. Especially now that they are getting congested on that original property. 

McCormack showed the road access pictures at the site again at Lang’s request. 

Beiersdorfer- his whole intent is to keep his options open I think. 

Lehman is worried about a bunch of violations if other things happen in parcel 2. rather have one violation than a bunch.

 Kraus Jr. said that maybe they could restrict access in parcel 2. If they had another use they have to go thru INDOT. INDOT only considers the landscape AG use- but the county looks at it as commercial potentially. Hrezo had 600 ft and 870 ft as the 2 sight distances on this per McCormack in the packet.

Lehman motioned for the non buildable lot as shown on the drawing 2789 Harrison Brockville Rd to be transferred to non-adjoining property owner and Lang 2nd. All ayes. Passed. 
Lehman motioned to create a direct access with a waiver for driveway spacing at the same address as above with the condition that parcel #2 is directly accessed off the panhandle of parcel 3. Beiersdorfer 2nded. All ayes. Passed.

2. Request: To address the Plan Commission for the purposes of: 1.) establishing a non-buildable lot to be transferred to a non-adjoining property owner, and 2.) creating two direct, separate access points onto a collector road.
 Applicant: JDJ Surveying & Engineering, LLC/ Frank M. Brauer
 Site Location: Pribble Road Legal: Section 33; Map #06-33, T-6, R-1 Township: Lawrenceburg Size: Approximately 111.105 Acres Zoning: Residential (R)

Mark McCormack presented the staff report. He noted that the site distances are adequate per the county engineer. The surveyor will provide the actual site distances when the survey is completed. He presented all the pictures of the road access points. He talked about the family owning the 10 acre recreational tract and thinking about the future owners. He talked about the 100 trips per day for the collector requiring the approval of PC. Waivers refer to Article 1 Section 160. 24 letters mailed and 2 not received. One was American Tower. The other was Trinity Church. Some neighbors called asking about the request but not necessarily objecting to it.

Jeff Stenger presented for the applicant. Family farm being conveyed to family members now. He showed that there is no need for building lot on the 10 acre piece due to terrain an tower lines. He addressed the 2 accesses on the middle piece showing the terrain issues with the dividing creek in the farm. The site distances are met for all access points.


Two motions required.
Lehman motioned to establish a non-buildable 10 acre tract on Pribble Rd and Beiersdorfer 2nded. All ayes. Passed.
Lehman motioned to grant 2 direct access points on Pribble Rd to a Category 2 collector and Lansing 2nd. All ayes. Passed. 

ADMINISTRATIVE- I left at this point so have no notes for the administrative items. 
Proposed changes to the Dearborn County Zoning Ordinance Subdivision Control Ordinance Discussion Item
Changes to Surveys, from Surveyors, after Surveys have been reviewed by P.C. staff & Deputy Surveyor
Financial Guarantee Report
 911 Project Discussions
Discussion of Inter-local Agreement update (Aurora, St. Leon, West Harrison)

Meeting adjourned sometime after I left at 9:35 PM 

Christine Brauer Mueller

Lawrenceburg Township

Tuesday, June 21, 2016

21 June 2016 Dearborn County Commissioners Meeting Notes

21 June 2016 Dearborn County Commissioners Meeting Notes

Present: Shane McHenry, President, Art Little, and Kevin Lynch

Also present: Gayle Pennington, Auditor, Andy Baudendistel, Attorney.

ABSENT: Terri Randall, Administrator

Also present- Shane  McHenry’s son who lead the Pledge of Allegiance and quietly sat by his father during the meeting.

Cemetery in Valley Woods- Art- Wenzel- told Commissioners that it was a community project getting the Guard cemetery cleaned up and mowed. Rupel and other Guard family members present. Martha Whalen spoke as a neighbor, that she had helped and told commissioners that it had been restored a few years back but it had become overgrown again. She also noted that more neighbors helped and it is no longer an eyesore in the subdivision. Wenzel also told then that the Reece cemetery was deeded to Commissioners behind Steak and Shake. There were two other cemeteries like this in the county. Little said the trustees have a way to enact a tax to maintain these cemeteries in the county that are deeded to the county. Trustees cannot use public funds for cemeteries on lands that were taxed. That’s why they deed them to the county. Baudendistel said that a lot of cemeteries tat trustees are supposed to be maintaining are not being maintained. Commissioners said they would check with the trustee to see if they can deed it to the trustee. Motion passed. 

Vacate portion of West Brown Road (off West County Line Road)- Ordinance- Baudendistel presented the facts. Fulks can’t ask for any vacation of that ROW beyond their property line. Anyone wanting the road to exist would have to repave it to county specs. They are going down to about 140 ft of maintained road and a T- turnaround from 370 ft. Jeff Stenger cleared up details on the road bed and property line for commissioners. Josh Holland resident- asked if site distance for the intersection was considered. Answer was that there is no development planned so no need for it yet. There was discussion of keeping the ROW in the event of further development to have a safer access point. Diane Heid- adjoining property owner wants it tabled until they can be sure they can get 4 lots on their land safely. Jamie Graf representing the builder noted that Fulks have plans to build there this summer and have been working on this for months. Not vacating requires they Fulks need a variance. Linda Heid and Ed Heid showed how they need to use the Brown Road section for a safe and cheaper access. Even if only one house. IC 36-7-3-13 was read by Baudendistel. Thus only three aggrieved families can raise objections. Stenger said site distance is the issue and they can look at that by the next meeting. Baudendistel said he would also check to see if they can be aggrieved for something that may occur later. Commissioners decided to table this until the next meeting July 5 at 8:30 AM. Listerman will go out for an unbiased opinion per Stenger’s request. 

Jack’s Forever 3 Annual Run- Commissioners gave permission to hold it again- same as the last 5 years. Sat Sept 10th. Bright Christian Church thru Sneakville to Grubbs to Green Meadow to Garden Meadow. 

Cincinnati Bell Internet Proposal- 911 Director Jared Teaney- 3 year agreement to get the best pricing. $750/month. Comcast is $425/month currently. This is more costly and they feel they need it to get a more reliable connection. The internet currently is not as reliable. They are using 911 fees to pay for this. Baudendistel said the need to be able to terminate the agreement for any reason with 30 days notice. Also need to be sure Comcast can be terminated with no penalty also. Tabled until next meeting. Cinti Bell is a dedicated fiber into the jail etc. It’s guaranteed to work 99.9999% of the time. Comcast has been down for 1/2 a day at times per Teaney. Baudendistel asked about some monies not paid by Moore’s Hill yet also. $2500 paid - but they also owe it form last year also.  

Life Insurance Presentation- GLG America- Michael Kuhn- this is for individual insurance for employees- no cost to county. Security Mutual is now the provider for the program instead of Boston Mutual. Approved.

Agreement for Tax Sale Legal Services- Alex- the tax sale attorney for years was introduced by Pennington. Covers unlimited consults, court appearances, and new statutes on the books each year on tax sales. Has a lot of experience all over the state. The fee is $15 fee to the tax sale pays the cost for his services. Lynch asked how many properties went to tax sale last year. 146 properties had the $15 fee last year. Pennington said Alex going to court is the biggest savings over having the county attorney do this. Approved. 

Park Board Appointment- Ginger Corn resigned- and Ginger Corn and Jim RedElk sent letter saying they want Doug Berger to be appointed. Baudendistel said he needs to check the political affiliation of the prospect. The board needs to be politically balanced. FOUND OUT LATER IN MEETING IT WAS OK- SO  APPROVED DOUG BERGER.

ADMINISTRATOR- Terri Randall- Ordinance Adopting Materiality Threshold- Baudendistel handled this. This is to cover misappropriation of public funds and reporting them. Small items that don’t require reporting to SBOA for less than $1000. Non- cash its have to be $5000 or over. They still investigate the lesser amounts and take action locally on them. Approved. 

AUDITOR- Gayle Pennington- Claims and June 7th Minutes approved. Highway surplus funds were sent out to the different entities per Pennington.

Reimbursable Grant Application for Environmental Health- from Dr Scudder for $31,159 and no county match needed- it’s for part of Doug Baer’s dept. They apply for it annually. Approved and signed.

ATTORNEY- Andy Baudendistel- Interlocal agreement with Moores Hill was brought up by Shane McHenry and Gayle will ask for the other $2500 owed. Dillsboro sent their $5000 in. 

Kevin Lynch- 4-7 June 22 tomorrow at EC theater dept on Bright- I-74 Connector

Art Little- with the growth that takes place probably it may be important to have that connector with  the port coming. It will be real good way for residents to get to work quicker and safer.

 Lynch said it will be 20-30 years down the road. No matter what comes out of this- as a result of the studies- we are in a better position to evaluate existing roads. 

Bright is a mess- it will get worse before it gets better per Little. Hope they will be done by the Bright parade time.


LATE ARRIVAL- Jason Sullivan - Grant was denied from one Bill Black submitted before. So $14,117.54 now has been released on this from leftover funds that others didn’t use up. This is for laptops on Mobile Command truck and a server. Approved.

Meeting Adjourned at 6: 45 PM

Christine Brauer Mueller

Lawrenceburg Township

Monday, June 20, 2016


June 21, 2016
5:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana


1.  Cemetery in Valley Woods – Art Wenzel
2.  Vacate Portion of West Brown Road - Ordinance

1.  Jack’s Forever 3 Annual Run – Family Representative

2.  Cincinnati Bell Internet Proposal – 911 Director, Jared Teaney

3.  Life Insurance Presentation – GLG America, Michael Kuhn

4.  Agreement for Tax Sale Legal Services

5.  Park Board Appointment

V. ADMINISTRATOR – Terri Randall
1.  Ordinance Adopting Materiality Threshold

VI. AUDITOR Gayle Pennington
1.  Claims/Minutes
2.  Reimbursable Grant for Environmental Health

VII. ATTORNEY – Andy Baudendistel




Tuesday, June 14, 2016

14 June 2016 Dearborn County BZA Meeting Notes

14 June 2016 Dearborn County BZA Meeting Notes

Present: Rick Pope, Chairman, Phil Darling, Jane Ohlmansiek and Russell Beiersdorfer

ABSENT: Jim Thatcher

Also Present: Derek Walker, Assistant Planner and Andy Baudendistel, Attorney

Minutes approved from previous BZA meeting.

New Business:

Variance for a pond less than 5 acres and for pond setback. Applicant/Owner- Steve Weller located at 6054 Shangri-La Dr. on 3.475 plus 0,79 acres in Manchester Township zoned Ag and R- 

Derek Walker presented the case- the pond was already constructed between 2012 and 2015. Two variances are requested due to the acreage being less than 5 acres required and also less than 150 ft from the road. (It’s 110 ft from the road) All neighbors were notified. There were no responses. Public discussion was opened and closed with no one speaking. 

Weller said he had nothing to add to the presentation. 

Phil Darling said that he has no problem with it and that the road ends there. And doesn’t get extended. 

Weller said- they have divided the properties next to him are divided into 5 properties and there will be a turnaround there. Each lot is 20-60 acres on that newer section. It won’t be a through road. 

Jane Ohlmansiek added- that they should require the posts to be put in to  protect the pond area from the road. 

Beiersdorfer motioned that both properties be co-joined and granted the 40 ft  (he said 70 ft but the staff report indicates 40 ft) setback variance  and the posts be put in as the highway engineer recommended and also the 5 acre variance. Ohlmansiek 2nd. Passed.

Variance to create a build able lot with no road frontage. Applicant/Owner: Nicholas and Jennifer Brauer Wunderlich/Frank D and Mary Ann Brauer and Frank M Brauer. 18013 and 18023 Pribble Road on 4.4 acres on Lawrenceburg Township on R zoned land. 

Derek Walker presented the background. The variance requested is for the 65 ft frontage that is required for Residential homes. Pictures and the site plan were shown. 19 letters were sent out. One phone call- but no issues they just asked what the hearing was concerning. All 3 homes on the shared driveway would have to change their addresses to the private lane being created. 

Dennis Kraus Jr. presented for Jeff Stenger, surveyor, who was unable to attend the meeting. He answered questions.

Public discussion opened- John Brauer spoke stating his familial relationship to all parties. He stated that he was only concerned with the part that was on the larger 111 acres that his father is dividing and you know how contentious that can be. He asked about lopping off a farm building on the plat. 

Rick Pope said they don’t get into that. They are there to decide on the specific frontage variance. Public discussion ended. 

Maintenance agreement is required for shared driveway per Kraus, Jr. 

Darling said its a shared driveway- and the BZA likes to see that. The board agreed.

Ohlmansiek motioned to allow the 65 ft frontage variance. Beiersdorfer 2nd. Approved.  

Meeting adjourned at 7:25 PM

Christine Brauer Mueller
Lawrenceburg Township

Wednesday, June 08, 2016

INDOT Accepting Applications for Road and Bridge Matching Grant Funds

INDOT Accepting Applications for Local Road and Bridge Matching Grant Funds
Community Crossings program provides millions in funding to cities, counties, and towns for infrastructure

INDIANAPOLIS – The Indiana Department of Transportation announced today that the agency is accepting applications from cities, towns, and counties across Indiana for matching funds for local road and bridge projects through Community Crossings, the State’s local road and bridge matching grant fund.

On March 23, 2016, Governor Mike Pence signed HEA1001 which created the local road and bridge matching grant program. HEA 1001 provides $186 million in state reserves for local road and bridge funding over the next two years, and provides $277 million over the next four years by redirecting an additional 1 and ½ pennies of the gasoline use tax to local roads to be phased in over two years; $100 million in funding will be available each year going forward providing long-term road funding for locals.

Projects that are eligible for funding through Community Crossings include road resurfacing, bridge rehabilitation, road reconstruction, roundabouts, and Americans with Disabilities Act (ADA) compliance in connection with road projects. Material costs for chip sealing and crack filling operations are also eligible for funds.

Projects submitted to INDOT for funding will be evaluated based on need, traffic volume, local support, the impact on connectivity and mobility within the community, and regional economic significance.

Community Crossings is open to all local government units in the State of Indiana. Cities, towns, and counties awarded grants will receive funding based on a 50/50 match. For example, a county that is awarded a grant for a roundabout project that is estimated to cost $1 million would receive $500,000 in funding from the State with the County providing the other $500,000.

For more information and to apply for a Community Crossings grant, visit and download the application. All application materials must be submitted via email by Friday, July 15, 2016 at 5 p.m. ET. Communities selected to receive funding for projects will be notified by INDOT in early August 2016.

Customer Service
Indiana Department of Transportation
100 N. Senate Ave., IGCN 755
Indianapolis, IN 46204

Tuesday, June 07, 2016

7 June 2016 Dearborn County Commissioners Meeting Notes

7 June 2016 Dearborn County Commissioners Meeting Notes

Present: Shane McHenry, President, and Art Little

Also present: Gayle Pennington, Auditor, Andy Baudendistel, Attorney, and Terri Randall, Administrator

ABSENT: Kevin Lynch due to not feeling well per McHenry


Vacate Portion of West Brown Road- Jeff Stenger- JDJ Surveying and Engineering - This is in Sparta Township- 0,07 miles of county maintenance for Richard and Joanne Fulks .They plan to build a new house and this is to meet county set backs. They also don’t want to have the ROW open across their property. The road is impassable once this ROW goes on thru the neighboring property. There is also a relatively sizable creek crossing also which makes this less viable as ROW. Stenger went thru the criteria for vacating property and showed how each was met. There is a turnaround to be constructed for the last neighbor that uses the ROW. One letter received by a neighbor ( the Hyde family) not in favor. McHenry let Stenger read the letter. Stenger noted that the Hydes have purchased the property since the process of vacation began back in March. He also noted the Hydes have no access to Brown Road or any maintained part of the ROW for the record. Commissioners decided to table the decision to June 21st meeting at 5 PM. Baudendistel needs time to prepare ordinance and Lynch will be there. McHenry also wants to tour the property to see the turnaround of another neighbor. 

Cemetery in Valley Woods- Art Wenzel- gave a handout and said that Greendale does not want to maintain this. The grass is about knee high again now. The Guard’s have restored the cemetery and Rupel owns it. He will quit claim it to the county and then the township trustee can ,aintain it as a public cemetery. This is the same thing they did with the Rees cemetery behind Steak and Shake. The trustees are able to levy up to half a mil to maintain cemeteries. Greendale says this is a family cemetery and they shouldn’t be involved. Wenzel maintains that Guard had a land grant and several other important things he did as pioneer of this area. Little said that often there was a little church near these in the past. Baudendistel said that if it were turned over to a governmental entity then it would become the trustee’s responsibility. The trustee has not been consulted- but Wenzel says this is a sore subject with all the trustees. Some townships have up to 40 of these in them. Tabled until Lynch could be present. Mrs. Guard talked to the commissioners about their work restoring this. She said the neighbors were pleased to see it stored. Only 16 stones were  up at first- they found more than 60. It took three years to restore it. Community corrections is being used to cut these now per Wenzel. 

DCH Board of Trustees Appointment for A Kenneth Ingram- Roger Howard said the entire board recommends long time member. He also introduced Michael Schwebler - who was present- as their new CEO. McHenry welcomed Schwebler  and recognized Howard as improving the image of DCH and said that he has done a tremendous job. He thinks it helps for the new CEO to come into a good situation. Commissioners reappointed Ken Ingram for Sept 1st effective date.

HIGHWAY DEPT. Todd, Listerman, County Engineer
Letter of Understanding RE: SR 62 Closure- INDOT will have an official detour posted but the locals will use the local roads. Any damage to those local roads will be covered by INDOT. Sagamaw and Davies Road will be the county detour that would be official for reimbursement. Commissioners signed that agreement. Sheriff dept will be notified.

Amendment #3 for Bridge 138- Bonnell Road west of Burzelbach intersection. The contract amount is the same at $174,391, but the fees will go up for design and down for ROW acquisition. Approved to get this done for the final design for this project. 

Agreement for Engineer Professional Services, Bridge #138- NTE $16,500- and wants authority to sign this short term agreement to finish final tracings etc. Baudendistel reviewed. Approved for Listerman to sign the agreement.

Listerman reminded everyone that WEDNESDAY June 22 is the Bright Open House from 4-7 for Bright Connector Study.

2021 Federal aid PROJECTS- Listerman is submitting 2- HARRISON BROOKVILLE ROAD  BRIDGE CONSTRUCTION AND LOWER DILLSBORO ROAD SLIP NEAR GATCH. This will be in June or July to hear if they are selected for 2021 for federal projects.  

ADMINISTRATOR- Terri Randall- Internal Control Ordinance Revision- They added the clerk of courts to the list of people. They will involve other managers but will work wit a core group first. This amends section 10 of the county ordinances. This ordinance was read into the record by Randall. Approved. They have had training of board members and they will have their first meeting as previously advertised.

The archeologist plan was approved by the state for etc annex. they will call the archeologist should they uncover any more during the digging, Randall then went on to praise Art Wenzel for all his help to prepare maps and research to demonstrate to the dept of historical preservation that this site was a previously disturbed area. This cut the cost down for the county. She thanked him very much. McHenry concurred. 

The preview meeting with contractors for the annex is today at 10 for this who want to bid. Tues June 28 at 10 AM is the bid opening day.  

AUDITOR- Gayle Pennington- Claims approved. Settlement was done and they are #1 in the state again - “flowers to my staff” for that.  Minutes from May 17th approved. 

Two units for $20,000 each for Lawrenceburg EMS were approved.

ATTORNEY- Andy Baudendistel- read the required Title VI statement again regarding non-discrimination for meeting data that is voluntary if you wish to fill one out. 

Baudendistel has two ordinances setting up two funds for the money coming from SEA 67 that is a one-time distribution for our COIT (LOIT)- pronounced LOW- it-  taxes coming back.- Commissioners approved it.

Fund 1228- was created per the state for the LOIT special distribution for the 75% of the one time distribution. The other 25% will be deposited into the rainy day fund. Commissioners approved this one also. 

Art Little - hate to see Roger Howard retire- he retired and now he’s busier than ever- so be careful Roger.
Shane McHenry- request from Connie Cleary from CVTB will honor 3 men for the state historical ceremony and will honor one of the 3 whose grave isn't known ( Dill) on the courthouse steps. The other two graves were located.


LATE ARRIVAL- Art Wenzel- publicly thanked McHenry for the blue sheriff truck for the surveyor’s truck. He said he saw the need and got it for them.- thus a good manager.  He also said its the best surveyor truck he’s ever used.

Meeting Adjourned at 9:36 AM

Christine Brauer Mueller

Lawrenceburg Township

Thursday, June 02, 2016

AGENDA- June 7th Commissioners Morning Meeting

June 7, 2016
8:30 a.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana


1.  Vacate Portion of West Brown Road – Jeff Stenger

2.  Cemetery in Valley Woods – Art Wenzel

3.  Highway Engineer, Todd Listerman
1.  Letter of Understanding Re: SR 62 Closure
2.  Amendment No. 3 for Bridge 138
3.  Agreement for Engineer Professional Services, Bridge 38

4.  DCH Board of Trustees Appointment for A. Kenneth Ingram
V. ADMINISTRATOR – Terri Randall
1.  Internal Control Ordinance – Revision

VI. AUDITOR Gayle Pennington
1.  Claims/Minutes
VII. ATTORNEY – Andy Baudendistel




Tuesday, May 31, 2016

31 May 2016 Dearborn County Council Meeting Notes

 31 May 2016 Dearborn County Council Meeting Notes

Present: Liz Morris, President, Dennis Kraus. Sr., Dan Lansing, Charlie Keyes, Ryan Brandt, Alan Goodman, and Bill Ullrich. 
Also present: Gayle Pennington, Auditor and Teresa Randall, County Administrator

Morris read the Title VI statement that is to be read at every meeting in the county. They provide a voluntary anonymous Title VI survey at each meeting to collect data if needed.
Morris said she appreciates people coming to the meetings and asked that they peak at the microphone for any questions or comments. 

SUPERIOR COURT II- Judge McLaughlin- overtime pay and public defender- said there were a high number of jury trials and court reporters have had to do more transcripts for appeals. This has necessitated overtime pay. Brandt said that he doesn’t see any arrests going down in number- so we have to provide the courts with the necessary funds. Brandt motioned and Ullrich 2nd. Passed out of Riverboat funds. 

COMMISSIONERS- Terri Randall- Legal services deductibles and expenses change from year to year so they are always guessing from year to year on what these may be. They have spent over $60,000 per year beyond the retainer fee for attorney. Claims experience has caused the county insurance to go up and the deductible is now $25,000. You can expect a 5-8% increase in premiums every year. When she came in 2012 she had to get all these policies set up and boards set to be in compliance. Insurance has paid settlements at times as being more cost effective than fighting them. Ullrich said that a lot of these lawsuits were frivolous. With hungry attorneys they take whatever cases, which was irritating when we settled and they really had no merit. Asking for $35,000 to hope to cover to the end of the year. Keyes asked if they could give less and she can come back in September. Kraus moved for $25,000 instead of the $35,000 and Keyes 2nd. Approved.

Lawsuits and settlement funds- $17,219- They have overspent the $25,000 allowed already. They have a 3 year long legal issue that is outside their insurance scope also. Ullrich motioned and Lansing 2nd to approve $17,219. Passed.

SER COMMUNITY CORRECTIONS- Steve Kelly- Salary corrections- the is the way the 2nd JCAP counselor is funded. They have to be paid out of probation user fees per the audit ($38,989). Jennifer Lyness recently left and they put her salary towards the 2nd counselor and the rest went towards health benefits for all of them. They did not fill Lyness’s spot. The court alcohol and drug program fees are no longer able to go thru probation user fees. These now have to be separated. This keeps them within IN Judicial Center guidelines. Lansing motioned and Goodman 2nd. Passed. 

DOC Grants funds- $81,101 for another JCAP therapist to expand the program. This includes benefits, insurance etc.They are adding additional beds at no cost to the county. Morris noted that Rep Frye facilitated a call that produced this grant and that we were ahead of the curve with our jail facilities. People around the state are noticing our JCAP program and others want to open these in their jails per Kelly. Kraus asked if this was ongoing. Yes. And he also got the IU study of JCAP and that it was showing decreased recidivism of 25%. There are 2 years before this study is complete per Kelly. They want to be as transparent as possible about this information. Ullrich said 10% is the norm. Brandt motioned and Goodman 2nd. Passed.

Superior probation- 3 field officers have become probation officers- this requires $32,148 for 2 officers and $36,146 for the field officer and on call. This is their base pay and is owed back to Jan 9th when they become officers. It only increases their total salaries about $3,000 each to get their pay corrected. Goodman motioned and Ullrich 2nd. Passed.

One salary did not have a 2% raise out of probation user fees. Siobhan is a JCAP employee.This is to come out of those fees. Ullrich approved and Lansing 2nd. Passed.

Per Kelly- Judge Cleary received a grant to have a veterans court program for 5 counties. If they complete the program they can get their cases closed in their own county. This is beneficial for veterans who volunteer to help. This will come in again down the road. 

Kelly said there will be a 28 hour employee for community corrections with work release to start July 1st. This will cut the sheriff from having to cover this. There are 7 in work release now. It can house 38. If he can get it above 24 people then he can have a full and part time officer to cover work release. Elkhart County has work release of over 100 people. He may go up there to study how they handle that. 

SURVEYOR- Dennis Kraus, Jr.- New equipment- GPS equipment (10 years old) is wearing out and support from the company is closing in. He is working on getting 3 estimates for replacement. Pennington said the survey corner perpetuation fund had $76,000 plus. A part time employee works one day a week and gets paid out of the perpetuation fund. He works one day a week. Brandt motioned and Lansing 2nd to allow him to purchase out of the account NTE $45,000. 

Plan review- Plan Commission uses surveyor to review all the dirt moving and building processes. Storm water has become a bigger problem.It is not an exact science. Christopher Burke Engineering firm outside the county also has ordinance writing ability and he needs $10,000 to seek out help reviewing these  proposals. He and Eric Lang will probably have an ordinance spelled out to cover this. He needs something interim to cover the county till that ordinance is set up. Brandt motioned for $5,000 out of Riverboat Kraus 2nd. Passed.

PARK BOARD- Jim Red Elk- Park restrooms $2,624 out of their capital account to resurface and epoxy restroom floors to improve traction. Kraus motioned and Brandt 2nd Passed.
Park security improvements- Not comfortable with lighting project yet- so only asking for $13,000 for 3 new gates at Bright, Light fixtures at Bright and at Gladys Russell and County Farm.Kraus motioned and Ullrich 2nd. Passed.
They may come by with more lights and cameras later. He also asked about their int on starting to charge user fees for events at their park shelters etc. He was approved to start looking into the possibilities and bring it back to the Council. 

HIGHWAY- Todd Listerman- was out do to surgery and this was covered by Terri Randall- Morris said most of this is transfer money. 
Bridge #43- Platt Road- transfer $530,000 to this bridge from another bridge that had money left over #128. 

Bridge #88- Johnson Fork Road- need line item for this- Transfer ??? amount approved
Bridge #87- Johnson Fork Road- need line item for this- transfer $25,000 out of bridge rehab. approved.

Bridge #77- This is new money for Woliung Road- $625,000 (this includes some of the 25% of SB67 that can go for other legal purposes) to come from SB 67. Approved contingent on the commissioners approval of the fund. This doesn’t happen unless we get thru the competitive match. We are competing with large cities on this and economic development. Kraus said saving kids lives when a bus goes thru the bridge is more important than competing on the basis of economic development. Approved but not out of riverboat- just out of the SB67 money to come in. Brandt voted Nay- rest approved. 

Transportation Assessment Plan-Pavement asset management plan-  Morris said we do have a bridge plan that satisfies INDOT. We need a road plan and this would be unbiased plan for these. $75,000 from MvHA substitute account-He needs a line item created for this. Approved. 

Morris said we are only eligible for a bridge on the first round as we do not have this asset management plan yet. (The deadline on the first round is July 15.) They are starting to put 1.5 cents out of gas sales tax to this fund for counties to apply. 
$220,000 North Hogan- had to be spent out of paving fund
$130,000 Laughery Rd slip- had to be spent out of paving fund.

PLANNING and ZONING- Mark McCormack- Memo on Aurora Planning agreement- allow then to take in additional $5,000 to pay for the services that we have been giving to date. This will cover a part time intern. No more services will be provided beyond this current level. Commissioners approved and PC and Aurora approved. Approved. Kraus Nay. Except Brandt and Keyes who wants to remove himself from any conflict of interest as Dillsboro gets help like this too- so he’s abstaining from all these agreements with other towns. Four ayes included Morris. 

Legal advertising services for blight elimination program- some will be reimbursed.Needs money to cover this for now. Approved. $500. 
Legal services for enforcement - need $2,600 to cover the rest of the year. Approved. 
Mileage and travel account- needs $150 for mileage for blight elimination and cities/towns needing inspections. The pool vehicle is OK for around the county- but not longer trips. Approved.

AUDITOR- Gayle Pennington- Salary and copier- 12 quotes on copier printer scanner fax- $15,864.77 including maintenance or toner for a year. $5500 for part time personnel services for homesteads. No overtime.  Approved both. One Nay on the copier. 

Veterans service officer- $6,000 grant for transportation. Council approved the grant application. 

Special Crimes Unit- Grant for $5,000 from Purdue Pharma to be used to prevent prescription drug abuse. No match. Approved.

Salary Ordinance changes for 6 deputies that reached their matrix level. They are all within their budget. Approved. 

March 23 Minutes were approved.

Umbaugh and Associates were being considered again for budget- Pennington and Morris brought this up. Morris wanted to continue with them  as they have a higher profile with the state. She thinks that info throughout the year are helpful. It would be at the same rate. Kraus- will they make another $2 million mistake? Morris and Ullrich thought that Cummings wouldn’t have seen that $2 million issue either. Lansing said that everything a fine up to that point- and then it happened. Kraus said Frank Cummings knew the county all these years. A good chance he would have foreseen it. Brandt want dot know if Umbaugh provided numbers for the annex. No that is Maxwell providing the numbers. Randall said that maybe the treasurer used them. NO per Gayle. Kraus said the treasurer used someone else for $5,000 for advice on investments. NO DECISION.

Four Dormant funds $119.74 old dog shelter donations. $2671.43 in payroll from 2011. $0.30 auto vehicle location. County highway project before 2007- $32,818.80. All voted to go to general fund.

Randall said there is an internal controls committee required by state board of accounts. She thinks that council will be pleased. Fist meeting is next week. Anyone who handles a lot of money gets trained on this. Council president is on this unless she wants to get an alternate.

Brandt asked for moment of silence for our veterans.

Meeting adjourned at 9:00 PM
Christine Brauer Mueller
Lawrenceburg Township

Tuesday, May 24, 2016

AGENDA- May 31- County Council Meeting

Tuesday, May 31, 2016
6:30 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana


SUPERIOR COURT II – Judge McLaughlin 
Overtime pay
Public defender

Legal services
Lawsuits/Settlement Funds

DOC Grant Fund
Salary corrections

SURVEYOR – Dennis Kraus, Jr
New equipment
Plan review 

PARK BOARD – Jim Red Elk
Park restrooms
Park security improvements

HIGHWAY – Todd Listerman
Bridge #43 – Platt Rd
Bridge #88 – Johnson Fork Rd
Bridge #87 – Johnson Fork Rd
Transportation assessment
Bridge #77

Mileage & travel account

AUDITOR – Gayle Pennington


Monday, May 23, 2016

23 May 2016 Dearborn County Plan Commission Meeting Notes

23 May 2016 Dearborn County Plan Commission Meeting Notes

Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, Mark Lehman, Art Little, Jake Hoog, Jim Thatcher, and Eric Lang

ABSENT: Mike Hornbach and Dan Lansing
Also Present: Mark McCormack, Plan Director, Nicole Daily, Ass’t Planner, and Andy Baudendistel, Attorney.

ACTION ON MINUTES- Monday Dec 21, 2015 approved with corrections for the attendance of Dan Lansing. March 28, 2016 minutes were approved.  

OLD BUSINESS SCHEDULED TO BE RE-OPENED 1. Request: To address the Plan Commission to discuss modifications to both the concept development plan and written commitments associated with the ‘White Pines’ Zone Map Amendment Applicant: JDJ Surveying & Engineering / Owner: White Farm Development, LLC Site Location: North Dearborn Road Legal: Sec. 20, T7, R1, Map #01-20, Parcel #013 Township: Logan Size: 56 Acres Zoning: Residential-DP 
This item had to be tabled  until next month because several of the letters to adjoiners were returned as not being delivered. The Plan Commission just found out today when they were returned in the mail. Only one other couple was here- the others had been notified via the neighbors. Even the applicant did not come. The attorney recommended that it be tabled as 4 notices had wrong addresses or zip codes. He said he had notified Stenger also and that is why he is not here to present. Lehman motioned and Beiersdorfer 2nded- all approved tabling until June meeting. 


Proposed changes to the Dearborn County Plan Commission Fee Schedule. Modifications to variance requests or conditions of approval are now happening so they have added these to the fee schedule and it’s about 2/3 of the base fee for the original request. This is because some of the work may not have to be repeated. There are sometimes multiple requests and some are inter-related for requests- so they are trying not to overcharge for those. Administrative requests- such as direct access to arterials or collectors- he uses $150 as that charge. Now they are documenting that fee. These reflect alternatives for situations they have run up against in the last few years. Certified survey split fees is $60 for each lot splitting off. Major revisions- for plats that are so deficient occasionally necessitates a increased fee of additional $25 instead of the $10 as current. This is mostly to discourage a bad habit that is developing. There were several amendments to this fee schedule to deal with deficient applications or repeated trips to tech review and time waste. Most of these rates have been in effect since 2006. We are higher than IN neighbors, but lower than OH and KY. The Mills project went OK when in review, except that they built more than they were approved for and so they built something without a permit at first. There are also some review issues on Skally’s set up now coming in. Drainage issues need to have a beefed up drainage ordinance- MS-4 - Multiple storm sewer system - requirements from the state are impending on part of the county perhaps. That MS-4 status is holding up the drainage ordinance revision. Hidden Valley is in the OKI urbanized area - so it has an MS-4 status. Bright has been added to  the OKI map now and so it will have this to contend with also. EPA and IDEM figure in this decision. PC hopes to not put the whole county in an MS-4 as it would put a burden on highway dept. clearing drainage ditches etc in rural areas that don’t need that much. Dennis Kraus Jr. said he’d put in for some money to get this drainage ordinance set up better. Jim Thatcher was pressing hard to get them to see if they could get this set up and maybe compensate the individuals on the board who would be working on this. Kraus Jr. said that he can’t be paid as he is an elected official. They will set up a drainage committee and maybe estimate what it will take to get this ordinance for drainage done by the years end. Report at the next meeting on progress. Printing fees were discussed also especially for the color ink copies. Postal rates will be whatever the current rates are. Lehman motioned and Beiersdorfer 2nd to approve with the exception of the postal rates changing to current rates- effective June 2. The PC approved the fee schedule changes.

Proposed changes to the Dearborn County Zoning & Subdivision Control Ordinances - sign ordinance will be at a later, hopefully less congested, meeting this summer - but the stopping site distance table etc will be reviewed at the next meeting in June. 

Financial Guarantee Report - passed out to the board on May 4. Maxwell has till end of May for Harvest Ridge and he doesn’t have that in yet. He will probably call him to remind him before Mark leaves for his annual fishing trip. 

Comprehensive Plan Update and 911 Project Discussions - The June 30 deadline is to get the testing done by the ed of Aug. They may need to keep the existing vendor on if they can’t get this done in time for 911.  Jamie works staggered hours into the evening to work on these projects with less interruptions. Jim Thatcher wants to know about whether there is a month- to- month cost to keep this 911 contract in place should we need that. Nicole Daily said that they are about 30% in the computer on this work so far. They think they can get this done but it will be tight per Mark McCormack. 911 won’t fail- as they already have the address points - this is the backup system for when there is an address that is not in the system or made up per Daily. Andrea ( GIS) is working with Jared (911)

Discussion of Inter-local Agreement Updates (Aurora, St. Leon, West Harrison)  - Mark gave the update on the Aurora agreement for $5000 more and it does not buy any more time- this is to cover what his staff are currently doing. Commissioners already signed it and Aurora signed it. Just need the Plan Commission to approve and sign. SBOA will require different contracts after this and the county attorney will be updating those interlocal agreements that take in any money. He will then forward it to Council at their meeting. 

Meeting adjourned at 8:40 PM

Christine Brauer Mueller

Lawrenceburg Township

Full Packet for Plan Commission on White Pines Amendment Request 23 May 2016

To see the entire packet of material (43 pages) regarding White Pines previous Plan Commission meetings from 9 years ago to current request click on this link:

Plan Commission to Discuss White Pines- Short Road and Gaynor Ridge Area Tonight

Monday, May 23rd, 2016 
7:00 P.M. 



C. OLD BUSINESS SCHEDULED TO BE RE-OPENED 1. Request: To address the Plan Commission to discuss modifications to both the concept development plan and written commitments associated with the ‘White Pines’ Zone Map Amendment Applicant: JDJ Surveying & Engineering / Owner: White Farm Development, LLC Site Location: North Dearborn Road Legal: Sec. 20, T7, R1, Map #01-20, Parcel #013 Township: Logan Size: 56 Acres Zoning: Residential-DP D. NEW 

 Proposed changes to the Dearborn County Plan Commission Fee Schedule. 
 Proposed changes to the Dearborn County Zoning & Subdivision Control Ordinances 
 Financial Guarantee Report 
 Comprehensive Plan Update and 911 Project Discussions 
 Discussion of Inter-local Agreement Updates (Aurora, St. Leon, West Harrison) 

DEARBORN COUNTY PLAN COMMISSION 215B West High Street, Suite 300  

TIF- Chasing Economic Devolpment

TIF: Chasing Economic Development

by Martina Webster

In my county we have an issue with tax increment financing (TIF). As of 2014, almost 20 percent of our property taxes go into multiple TIF funds instead of the appropriate taxing units. Our school districts, libraries and general funds lose millions every year to the specially carved out TIF districts, which are supposedly “creating” economic development.

In general, though, our county's method is not to create but to chase economic development. If an area looks as if it will grow, the local municipalities rush to install a TIF for the area so they don’t have to share any newly generated property taxes with other taxing units.

The original idea of TIF was development wouldn't happen but for it. In our county that's not the case. Rather, they create a TIF because: 1) the municipality gets all the revenue; and 2) there is less oversight of spending. State and local politicians have convinced the public that it is not real taxpayer money being spent, it’s only TIF money. I fear they’ve convinced themselves as well.

I am confident if more people understood how our taxes were determined, they’d pay more attention to the rampant TIF abuse in this state.

The tax rate you and I pay is wholly dependent upon the total of the net assessed value of a taxing unit. What a TIF does is carve out that net assessed value to go into a different pot. However, it does not reduce the amount of money needed to fund essential services. In fact, most often all it does is increase the burden on essential services without an offsetting increase in assessed values to balance the tax rate.

The gross assessed value of the county is total market value of all parcels. Net assessed values are the gross assessed value minus TIF, exemptions and credits. So when the levy goes up and net assessed values go down, the tax rate goes up. This is why TIF is a big deal. It is why circuit breakers, an accounting correction for all of that, have become a big deal.

My pet peeve is to hear an elected official or lobbyist call the circuit breaker a loss in revenue. It is not, and to consider it as such means that he or she considers your pockets infinitely deep. “If not for those blasted circuit breakers, we could do X, Y and Z,” they might say.

But that money should never have been theirs in the first place. The circuit breaker merely alerts us to the fact that someone is overspending by such-and-such an amount. That should cause government to reevaluate its wants and needs (I'm being serious here; no laughing).

In any case, there will soon be wailing and gnashing of teeth in the Legislature to relax the circuit breakers. Don’t fall for it.

Martina Webster, a real estate agent in Clark County, represents District 1 on the Sellersburg City Council. She wrote this at the request of the Indiana Policy Review Foundation.


The Indiana Policy Review Foundation 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.

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