Sunday, August 21, 2016

3rd and FINAL Public Open House for Bright - I-74 Study

3rd and FINAL Public Open House for Bright - I-74 Study

**As noted below, this is the 3rd and FINAL Public Open House for this study…If you can make it to this event, 

I am sure that your feedback would be much appreciated!

For more information about the study, including the Phase 2 public comment summary report, please go to the Study website at:

The third and final Public Open House is scheduled for:
Wednesday, September 14
4 p.m. - 7 p.m.

East Central High School, Performing Arts Center
1 Trojan Place
St. Leon, Indiana 47012

This public event is the third and final open house meeting for the Bright 74 Study. The purpose of the event is to share the process used to develop, screen and refine concepts for possible transportation improvements and to gather public input on the Study's recommendations.

In accordance with the Americans with Disabilities Act, if anyone has a disability and requires assistance or, in accordance with the Limited English Proficiency Executive Order, requires translation services, please call Florence Parker at 513-619-7686 or 800-750-0750 (Ohio Relay Service).

Should you have questions about the Open House, please contact Robyn Bancroft, or 513-619-7662.

For more information about the study, including the Phase 2 public comment summary report, visit For a printable version of the Open House flyer, please click here.

We hope to see you there!

OKI Regional Council of Governments, 720 East Pete Rose Way Suite 420, Cincinnati, OH 45202

AGENDA and Reports for August 22nd Dearborn County Plan Commission Meeting

AGENDA and Reports for August 22nd Dearborn County Plan Commission Meeting

Friday, August 19, 2016

Petition Site for Bright- I-74 Road Project

Petition site for Bright- I-74 Road Project

The following link and opportunity to express your opinion was sent in courtesy of Tony Luers:
They are currently at 769 names, 341 comments.

Thursday, August 18, 2016

Live Video When Bright - I-74 Connector Advisory Board Meets More of the Real Stakeholders August 17

Bright - I-74 Connector Advisory Board Meets More of the Real Stakeholders August 17th. Live Video of the Meeting:

Advisory meeting for I-74 Connector Road in Bright-  live video of the 48 minute meeting presentation and the citizen's comments at the end for about 20 minutes.  The last 5 of the 20 are on the second link. [NOTE: Commissioner Lynch says this was not a public meeting when speaking to the public in the 20 minute session after the presentation. It is hard to believe that a meeting discussing something like this would not be open to the public to at least view the proceedings. For example, Advisory meetings for the master plan were always advertised so that the public could view the sessions.]

For the last five minutes go to this link:

Tuesday, August 16, 2016

16 August 2016 Dearborn County Commissioners Meeting Notes

16 August 2016 Dearborn County Commissioners Meeting Notes

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

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


Application for Hogan Creek Watershed Grant- SWCD Heather Wirth-includes money for education and outreach also in this. This is 63,000 acres in Dearborn and 19,000 acres in Ripley. Funding starts in Feb 2018. This continues what we do now.  $370,325- 40% in kind match ($246,000) = $617,208 total. No money form the county for match - it is covered by people in the programs etc.  Approved to proceed with the grant as presented. 

Manchester EMS Contract- Randall said it was for $20,000 for one squad and their financials are in order. Approved. The original was not available, so commissioners will have to approve outside the meeting.

Stimson Road Agreement- Baudendistel- Randy Wayne who lives there has offered the county to cut 3-4 ft needed there and needs to have an agreement to do the work on a county road. They are meeting with him Friday per Grieve- so they TABLED this. 

HIGHWAY DEPT.- Award 2016 Road Paving Contract- Hwy Supt- Tim Grieve- Lawrenceville Rd from Five Points to SR 46, Gaynor Ridge from McCann to White’s Hill, Short Road- and elevating it by North Dearborn with about a foot of paving. Total is about 6 miles of paving. 
$612,890.50 O’Mara
$ 549,954.90 Paul Rohe
Contract awarded to Paul Rohe Company as the low bidder.

ADMINISTRATOR- Terri Randall - obviously- construction is about to begin. [Note: Referring to the trees removed and fences up around the Annex site.] Meetings with employees for how to access the buildings thru the temporary access points. Parking has been discussed. Health dept and Hoosier Square employees were advised. Temp signage later this week.  

AUDITOR- Gayle Pennington- Claims and Minutes of August 2nd Approved

ATTORNEY- Andy Baudendistel- none- but he read the Title VI statement that he forgot to read at the beginning of the meeting. 

COMMISSIONER COMMENTS- Lynch- noticed in the national association of counties that the opioid and heroin epidemic was being addressed in Kentucky. 
Congratulated everyone on the job fair- a bit smaller than previous years due to unemployment rate going down. Thanked everyone for help and attendance at the OKI luncheon. Overwhelmed with the number of individuals from all the area who attended.

Little- Thanked Kevin for running the OKI luncheon and the success of it.

McHenry- Also said it was a great event with OKI and hopefully most of those people remember where Lawrenceburg is. Smallest county has the largest attendance at the luncheon- per Lynch. 



Meeting Adjourned at 5:20 PM

Christine Brauer Mueller

Lawrenceburg Township

Friday, August 12, 2016

AGENDA- August 16 Commissioners Meeting

August 16, 2016
5:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana


1.  Application for Hogan Creek Watershed Grant - SWCD, Heather Wirth
2.  Manchester EMS Contract

3.  Stimpson Road Agreement

4.  Award 2016 Road Paving Contract – Hwy Superintendent, Tim Greive
V. ADMINISTRATOR – Terri Randall
VI. AUDITOR Gayle Pennington
1.  Claims/Minutes
VII. ATTORNEY – Andy Baudendistel




Tuesday, August 02, 2016

2 August 2016 Dearborn County Commissioners Meeting Notes

2 August 2016 Dearborn County Commissioners Meeting Notes

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

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

Baudendistel read the Title VI and ADA compliance statement as usual. 

One Voice- a local non-profit- John- reported 199 overdoses with 15 death last year in Dearborn County. On August 31st want to do an awareness walk and release 500 balloons to remember those lost to addiction. They are also meeting with Lawrenceburg to close some streets for this. They want to use the Courthouse Lawn after the day is over at about 4:45 PM. John has been sober 19 months and the other gentleman is 7 years sober in response to Baudendistel- both were part of there drug court. Request to use Courthouse Lawn space approved.


Maxwell Construction: Notice to proceed & Award Contracts for Courthouse Annex Project- Randall addressed commissioners. She said they needed to Close the construction documents phase and move into the construction phase- approved. There are 8 total contracts for 10 bids and these are lowest bids per Baudendistel. Termination for convenience clauses are in there. 

Bid 1 and 3- - Bruns Gutzwiller - $3,632,000 including alternate number 8 for bid staining for $17,000 that they accepted. They can deduct the $17,000 if they choose not to do it. They are testing materials for this process. Approved.

Bid 2 -Paul H Rohe Company- paving  around annex.- $ 597,000. Approved.

Bid 4- Structural steel- JL Walter and Associates - $996,500. Approved

Bid 5- OK Interior Corp $1,258,590- Drywall and ceiling tiles etc. Approved.

Bid 6- Access Interior Systems LLC for flooring. $391,126. Approved.

Bid 7- Sprinkler systems- Concord Fire Protection Inc- $ 88,964. Approved.

Bid 8 and 9 -Koch Mechanical- Heating and HVAC $1,494,000. Approved.

Bid 10- Electrical - Banta Electrical - $1,267,600. Approved.

Chris and Ryan will move into basement of Courthouse this week and they will see a lot of them and they will have employee meetings to work with them over construction issues.
Monday will have pre construction meeting in the commissioners room to kick project off. There will be a lot of infrastructure relocating before a shovel gets in the ground. Baudendistel said that Humphrey will be holding court in Ohio County over the times of construction. McHenry said temp courtroom will have a sound system set up too. Construction noise will be an issue.

Amend Zoning Ordinance- Plan Commission- Mark McCormack: unanimous favorable recommendations from 8 members present from June 27th public hearing:
Article 24 Section 2410- Minimum Sight Distance these came from county engineer and standardized numbers to state numbers on intersections. Article 24 Section 2448 - Traffic Studies.  McHenry read the ordinance into the record. Commissioners opened and closed public comment with no one speaking and approved the ordinance change.

Health Dept Grant- Mary Calhoun- presented by Pennington as Health Dept had a meeting this morning. These were for free drug overdose kits for the public. This was discussed at Council. The requesting public has to go thru counselor and watch a video etc. Approved. 
Also Health Dept. annual grants for $26,000 and $48,000 for 30 years that promotes shot clinics with no county match. Approved. 
Giving another $75,000 to make it for calendar years now for shot clinics- Approved.

HIGHWAY DEPT. Todd, Listerman, County Engineer- 2016 Line Striping Contract- Striping ADT of 1000 vehicles per day roads. 3 bids- A and A safety -87,934.30, Oglesby by 87,671.98, and 
Indiana  Sign and Barricade -84,416.93- Approved Indiana Sign and Barricade as the lowest bidder.
Listerman said the Bright Festival went OK even with the road construction up there.

Tim Grieve Hwy Supt- 2016 Chip Seal Contract Award- Omara $149,500 Paul H Rohe $116,700 (low bidder.) This is for chip seal on Chesterville Road- 9 miles to hope to get another 7 years on it. Cracks have already been sealed by county so far. This will be kind of messy but it fits the budget. Paving would have been close to $1million. This is like what the state is doing on SR 48. Approved for Paul H Rohe Company 

McHenry- Heavy Rains yesterday in Market Street area in Aurora- Water coming off hill from county into the city. McHenry, Tim and Todd will take a look at it- to see if they can help. It was a freak heavy storm that came up. They will look at the storm water drainage. Reworking curbs, gutters area with Aurora perhaps. The old system is apparently not adequate for the heavier catastrophic rains lately. Hours after the rain the rushing water was still heard under the stones in the old drainage system per Listerman. It moved cars on the road also. Apparently there were comments on social media regarding the county in this per McHenry’s comment. Videos of the water from Aurora’s officers will be used to show the state what the issues are. 

SEIOC Board Appt- Sonya Kaffenberger was approved for another term. 

Sheriff Patrol Boat- grant a long time ago for this. they say it is no longer feasible to use that boat. Mollaun is wanting to acquire it for Lawrenceburg City. Baudendistel said they have to have terms that are identical for both entities to exchange this as Lawrenceburg gave it ti them thru grant funds in the first place anyway. This will be done after the resolutions are prepared. 

OKI 2017 contract- From July 1 2016 thru June 30, 2017 $16,321- the same as last year. Kevin Lynch noted he will abstain form the vote as he is president of OKI. McHenry read thru it. Randall said that OKI covers our MSA and we collaborate with them as funding for other sources. (No one seems to be mentioning the I-74 Bright Connector and OKI.)Little said that the event is sold out for the OKI regional luncheon down here in Lawrenceburg and thanked Lynch for serving.  Approved. 

CAC- Children’s Advocacy Center- Grant Report and agreement from Sarah Brichto.- numbers down a little this past year- due to more drug abuse investigations than sexual abuse ones. Commissioners thanked her for the report and she thanked them for the support. The annual Mardi Gras is Feb 25th as their fundraiser. Approved the report with McHenry’s signature. 

ADMINISTRATOR- Terri Randall- Report on auction- Many vehicles were pretty well used up. 15 cars sold. $300-$1700. From $14,000 plus,she said $12,780.60 came back into the county after expenses paid for ad and auctioneer. 
35 or more employers coming to Job Fair this Thursday August 4th.  

AUDITOR- Gayle Pennington- Minutes form July 19 approved. Claims approved. 

ATTORNEY- Andy Baudendistel- each bid included a FORM 96 from the state on Annex bid packages, Approved for McHenry to sign all. 

Lynch- As Randall said- the job fair is tremendous- this is comparable to Muncie’s and ours is a newer one. We just have to get out of the way and let people do this- it is the most satisfying to see people go in and come out with a job. Last year 12 had it that day and about 2 dozens more in a couple weeks after. First portion is for Veteran’s only again this year. Luke Messer helps also with this 4th annual job fair.
The OKI Regional Luncheon here is bigger and better than last year. As pres of OKI- we have had 2 sellouts of the luncheon and more revenue. Big deal as we are the smallest member of OKI.
Bright Beacon and Hrezo Engineering stepped up to a Platinum Level sponsor. Eric Holcomb- Lt Gov and Messer will attend. Pence has had to decline. Todd Rokita may be there also.
LHS Band will serenade as people come in. 
Attendants are noticing all our potential here. Thanks again to everyone on their support of job fair and luncheon Aig 5 Thursday.

Little- Bright CommunityFestival had great turnout. Good turnout for parade even hough roadwork was there. 

McHenry- thanked people and Bright Fire and EMS who work for the festival and still make all their runs during it. Congratulated JR Todd from Lawrenceburg for his win at Sonoma. Baudendistel said it was his 9th win overall.


LATE ARRIVAL- Randall thanked Drew from Environmental Dept in Health Dept. who helped Sue Hayden with all the auction stuff. He stepped up with her to do this unasked. 

Meeting Adjourned at 9: 55 AM

Christine Brauer Mueller

Lawrenceburg Township

Monday, August 01, 2016

Friday, July 29, 2016

AGENDA- August 2nd Commissioners MORNING Meeting

August 2, 2016
8:30 a.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana

I.          CALL TO ORDER

            1.  Maxwell Construction
                        1. Notice to Proceed
                        2. Award Contracts – Courthouse Annex Project

            2.  Amend Zoning Ordinance, Plan Commission – Mark McCormack          
                        1.  Article 24, Section 2410 – Minimum Sight Distances
                        2.  Article 24, Section 2448 – Traffic Studies

            3.  Health Department Grant – Mary Calhoun

            4.  2016 Chip Seal Contract Award - Highway Superintendent, Tim Greive

            5.  2016 Line Striping Contract Award – Highway Engineer, Todd Listerman

            6.  SIEOC Board Appointment

            7.  Sheriff Patrol Boat
V.        ADMINISTRATOR – Terri Randall
            1.  Report on Auction

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




Thursday, July 28, 2016

Op Ed: Indiana Republicans in the Dock

Op Ed: Indiana Republicans in the Dock

reprinted with permission of IPR

by Craig Ladwig

Eric Holcomb, Lt. Governor and GOP gubernatorial candidate, has yet another title, Explainer in Chief. And his first comment out of the box — “I want to provide high-quality, good government" — falls short of the times.

Please know that with a supermajority in the legislature, the GOP economic record these last four years is in the dock. That is especially true in regard to small businesses, the engine of local growth.

When compared with the political power Republicans wield, their vaunted income-tax cut (3.3 percent to 3.23 percent) is something to sneer at. Dr. Larry DeBoer, a Purdue economist, tells the Washington Post that an Indiana taxpayer with $50,000 in taxable income will have an extra $3.50 a month beginning next year.  

Going down the list of Republican achievements the story is the same. A few more Hoosiers are going to work (0.3 percent)  but then there are more Hoosiers. "Economics by press release" prevails, that is, policy designed to produce ribbon-cuttings by attracting large “footloose” corporations with tenuous loyalty to any community foolish enough to help finance them.

Meanwhile, the legislature is pumping out regulation at a pace comparable to the Evan Bayh years, and incumbency rather than policy remains the single best indicator of election. The GOP supermajority, as cynics might say, seems geared to serve the GOP supermajority. For the most exciting ideas in both tax reform and economic develop languish in the expansive Indianapolis offices of the Republican leadership. They are in files marked “Not Doable” and “Wrong Time.”

At the local level, for instance, why not get rid of the so-called economic-development programs and simply and directly exempt the job creators from taxation?

A Fort Wayne councilman estimates that his city abates about $6 million each year. It spends another $2.5 million on economic-development corporations and departments whose primary tool is tax abatement. Add the $10 million the city gives out in grants and stray eco-devo money and you have saved more than the $17 million it collects each year in business personal property taxes.

“Would it not make more sense just to eliminate the tens of millions of dollars of economic development spending and simply stop collecting the tax?” asks Councilman Jason Arp. “Ohio and Illinois have already lifted business personal-property taxes, as have nine other states. Who wants city councilmen sticking their nose in your business?”

But with no political party to protect them, small business was a less-attractive investment these last few years. The Business "Opportunity Perception" scale dropped from a high of 51 percent in 2014 to 47 percent last year, according to a group that monitors entrepreneurship. This is the first drop since the measurement began to rise in 2010.

A Terre Haute businessman and former city councilman, writing in the current issue of The Indiana Policy Review, compares small-business prospects today with those that existed in his father’s day. “We are losing opportunity,” says Ryan Cummins, “losing the freedom to be ‘irrationally optimistic’ like my father.”

Even before Barack Obama took office, the number of new businesses was headed for a statistical cliff. In 2010, the most recent date available for this classification, the nation recorded the fewest new businesses since the Bureau of Labor Statistics had been keeping track — from 4.1 million in 1994 to 2.5 million 15 years later.

And in Indiana, four years of a GOP supermajority notwithstanding, Cummins notes there still are more than 400 different professional-business licenses, permits, certifications and other permissions required to open a shop's doors.

Eric Holcomb in coming weeks will be making his case for replacing Gov. Mike Pence. His explanations for all of the above are eagerly awaited by a citizenry that knows economic progress when it sees it — and when it doesn't.

Craig Ladwig is editor of quarterly Indiana Policy Review.
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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 

Wednesday, July 27, 2016


see noted comments throughout this meeting.

 26 July 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

All three commissioners were present. WAS THEIR PRESENCE ADVERTISED?

Judge Sally McLaughlin and Judge Cleary were present

Morris read the Title VI non-discrimination statement as required by law.

COMMISSIONERS- Terri Randall- Increase in Annex project budget discussion- much of the info has already been emailed on the budget and status of the project via updates. Apologized because she was hoarse tonight. Hoped that others would talk on this.  Maxwell and his staff are present (Brian Statman and Chris Gubowski.) as are all three commissioners. There is a request for $576,000 as an additional. Budget needs to change to 11,760,000 now.
Maxwell said the increase is mostly a matter of time. Hoped to bid in the 4th quarter 2015. [NOTE: That's when steel prices had dipped to a deep low. see website referenced later in this meeting for that chart at DJIA.] DNR historical people required an archeological dig. This put us into steel increases that were substantial. We have a 2%  ( $200,000) contingency. We can’t negotiate prices until we get a go-ahead. ( why not?) I would prefer not to be here, but here I am. We think we can pull it off. There was a 3% design contingency when we were still at the design stage. The drawings weren’t finalized. We used some to solve problems that they saw coming. Example of another ADA ramp needed etc. That was not in the budget. Entering the courthouse will require additional expense for a bearing wall that has to be removed. The noisy A/C will not be moved- but actually will be replaced with a bigger unit that will work both buildings. He said they challenged the architect on these decisions. Steel increases that are substantial and increased activity in the marketplace. 

Kraus said that the $576,000 was not advertised. Apparently they have to advertise each draw that is asked for now. 

Maxwell also said that they will be able to have about $200,000 in the individual bid contracts in leeway too.

Lansing asked how he got the budget figure. Maxwell said that they used a lot of people to get these numbers. Bruns Gutzwiller and another big contractor in Batesville helped with the numbers. There were no binding numbers though. Our projections were out 9 months- but it turned out to be a year from now. Banta Electric were able to project their costs for the jail well. I know how frustrated you are- and I am too and I live here. We ran the numbers again 15 months again when this went out to get the numbers. Time is the biggest enemy he said several times throughout this discussion. We are happy with every single contractor we have- and a couple we weren't sure of we had the attorney review and also sat down and went thru their numbers. Several are willing to negotiate on some costs. One is the back stairway- we don’t like the design and a few electrical ideas that we want to change. Within that discussion with contractors we get cost savings- but not the quality or the value of it. 
Everyone has 90 days on the contract to get their materials- price protection. Even the price of concrete is locked in for this project. 
Kraus asked for the amount for each individual contractor. Maxwell said he can give that to them. [NOTE: I’d like the PUBLIC to see those numbers too.]
Randall - still hoarse- said that McHenry went out to see what else they can cut and that hours and hours were spent to see what they could do without coming to ask for this. If they cut something out they would have to redraw it and that would cost and then they’d have to rebid etc. [NOTE: This is a weak argument- and the steel prices were the cause for commissioners and now they are saying more vague things are in the increases. DIdn’t anyone look at annual steel prices and do an average out to get a realistic picture? If you go to  

you will see the low dip early in 2016 and the spike to correct for it recently. You can also see the 1 year ups and downs and the 5 and 10 year ones. putting a clause in the bid to allow for a recollection to the norm might have been smarter for us and fairer to the bidder.]
McHenry said that the judges and the prosecutor were great to work with. There is nothing lavish in the judge’s rooms. They did not ask for anything that was inappropriate. I questioned some of these things. He thinks he can say with confidence and anything we cut will damage the project. [NOTE: How about the basement? or the curving facade? They did have alternates of that.]
Morris said that in a project like this you don’t want to damage the integrity of it.
Kraus asked what would be the cost for new furniture etc for the annex.The dept heads and judges courts are fully furnished- but the offices have to come out of their own budgets. How about employees? asked Lansing. Maintenance? McHenry thought they can use road crew and jailed offenders can do some grass cutting etc. Lansing doesn’t want to see what happened to the jail and extra employees that got hired… Ullrich said that was a whole different thing. [NOTE: Not really- its all the same matter of trusting what you are hearing from your elected officials. who now want to sweep that little fake out under the rug.}He went on to talk about this being a last hurrah getting the annex done and Judge McLaughlin has been waiting a long time for this. [NOTE: Last hurrah for whom? Politicians? Certainly not the taxpayers who are going to be paying for it’s maintenance and the increasing taxes to cover all the Riverboat Revenue that was used up on this.]
McHenry said he’s glad to have Maxwell on our side and he’ll hold them accountable. Ullrich said John is here and he’s right on top of it. Morris said that the safety issues are there too and we need to do this. So we need to decide if we are going to continue with this. 
Kraus asked about the steel prices if they go up. Maxwell said they are locked in. [NOTE: Locked in to what? the spiked price?]
Keyes said what if this goes over $12 million. Morris said if we use Riverboat Revenue then the referendum doesn’t apply. Keyes said since he’s been on Council nearly $40 million has been spent of Riverboat money!!! And now we will have to raise taxes to meet expenses. It’s election year but I am worried about the county. It looks like $600,000 isn’t so much. Lansing agreed with Keyes. 
Randall wanted them to look at the spreadsheet and see that $800,000 has already been spent on the project. She pressured them on that and received some push back from council. Maxwell said it wasn’t all steel - it was time that was the enemy. Voting no to the $576,000 would stop the project. SILENCE as that sunk in. 
Aaron Negangard- replaying for the 3rd or 4th time his same arguments on why we need the annex-  said he had come to Council a long time ago and said that a new jail or courthouse was in our future. That was before the 3rd court was even added. For years we have been operating needing this. Everyone always came up with a reason to do it later. It would have been cheaper back then due to the recession. [NOTE: Remember the Vieste debacle and their price for a campus wide almost $40 million plan on the backs of the NW Quadrant?] He trusts Shane and John Maxwell to try to get it down to the bare minimum. Time is our enemy. [NOTE: Is he parroting Maxwell or did these guys all meet to prepare for this meeting?] The archeological study delayed it. It’s pennywise and pound-foolish. Right after the jail was finished we got several lawsuits on the jail conditions. He slides right past this like it proves him right. Joe Johns could sue for ADA. To vote no is fiscally irresponsible. We talked about all different sites etc. Negangard went on with his usual fear mongering about lawsuits if we don’t do this. [NOTE: Perhaps the prosecutor can put his use his seized funds account money where his mouth is and help defray some of this $576,000.]
MOTION: Ulrich said with all that said if no judges wanted to speak he wanted to motion to move the $576,000 to pay for this. Brandt seconded. Three nays. Kraus, Keyes and Lansing. Morris voted aye with the other three to get this to pass.  
Request for $2.7 million Annex project draw would almost take us thru the end of the year or at least thru November. Goodman motioned and Ullrich 2nd. Two nays Lansing and Kraus. Rest are ayes. Passed. (Keyes voted Aye as this was not including the $576,000 increase and was just part of the original approved $11.2 million)
Pennington said again every single drawdown will have to be advertised on the annex project.  
AUDITOR- Gayle Pennington- Minutes were approved.
Lawrenceburg Library Board of Directors Appointment- Pat Ritzmann is willing to serve another term- Approved.
Health Grant Signature- biggest grant they do includes tobacco, shot clinics, etc. Goodman abstained as he sits on health board. Approved for $75,000. 
A second grant that they have done for many years was approved. 
State bought a lot of Narcan and will give to the county for free. You have to sit with a Counselor for it. This is for the general public. Approved. No cost to the county. I asked about distributing Narcan to untrained people as there are safety issues with precipitating acute withdrawal depending on the opioid dose being treated. Brandt said the police couldn't overdose the Narcan. And then answered my question by stating it comes in a prepackaged doses for them and they get it free also.  
Phil Darling- York Township- voiced his opinion on the costs of the annex and the issues agreeing with the nay voters on the increase and also questioning again why this wasn’t part of a referendum as it clearly will hit the $12million mark. Ullrich says that by not using property tax money it doesn’t count and Darling says that Riverboat money is still OUR tax money.  

Meeting adjourned at 7:45 PM 
Christine Brauer Mueller

Lawrenceburg Township

Monday, July 25, 2016

25 July 2016 Dearborn County Plan Commission Meeting Notes

25 July 2016 Dearborn County Plan Commission Meeting Notes
Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, Mark Lehman, Art Little, Jake Hoog, Dan Lansing, Jim Thatcher, and Eric Lang
ABSENT: Mike Hornbach
Also Present: Mark McCormack, Plan Director, Nicole Dailey, Ass’t Planner, and Andy Baudendistel, Attorney.
Baudendistel read the Title VI Statement on the voluntary survey. 

ACTION ON MINUTES- at the end of the meeting Feb 22, 2016 minutes were approved.


1. Request: Waivers and Major Revisions to the existing Primary Plat for the ‘White Pines’ Subdivision.
 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

NATURE OF REQUEST: Major Revision to the Original, Approved Concept
 Development Plan & Primary Plat; Waiver Requests
 Background & Introduction:
The Applicant is requesting to make major changes to the accepted Concept Development Plan and Primary Plat for the White Pines Subdivision—specifically, the Applicant is seeking to significantly reduce the residential density of the development, reduce connectivity of the proposed street system,establish a shared private driveway, and eliminate landscaping buffers and sidewalks, propose changes to the previous conditions of approval ( Ag covenant)
Major changes shall consist of any substantial increase in density, elimination of roadway connections, major realignment of roadways, major reconfiguration of lots and similar type changes.
3) The Applicant is requesting to reduce the total number of lots in the White Pines Subdivision
to 56 buildable lots—significantly reducing the residential density of the development and
eliminating the landscaping buffer requirement, as permitted and acknowledged in the
amended written commitment agreement between the Owners and Dearborn County (2016).
Please refer to Article 25, Table 25.1 of the Zoning Ordinance regarding the minimum
dimensional standards and maximum density requirements for Residential Districts.
Please note that a Residential (R) zoning classification allows for a maximum density of 4
units per acre. The Applicant’s previous Primary Plat submittal, approved in February of
2008, contained 75 buildable lots (1.34 dwelling units per acre); the Applicant’s current
Primary Plat submittal involves 56 buildable lots (1.00 dwelling units per acre)—both of
which are acceptable in association with the recorded written commitments.
4) The Applicant’s proposed revisions to the White Pines Subdivision include the removal of all sidewalks. In conversations with the Plan Commission staff, the Applicant has indicated that these changes are directly linked to the significant decrease in the subdivision’s overall density.
5) The Applicant’s proposed reconfiguration also involves the reduced connectivity of the
proposed street system within the Subdivision.
In 2008, the Applicant presented and received approval for a Primary Plat which
provided connectivity within and through the Subdivision, from North Dearborn
Road to Gaynor Ridge Road. This revised plat proposal involves the elimination of
the street connectivity between North Dearborn Road and Gaynor Ridge Road—and
involves the establishment of a dead-end street system which requires 2 Waivers.
All of the streets on the approved Primary Plat from 2008 were intended to be
dedicated and publicly-maintained. The current plat submission involves the
creation and utilization of one (1) shared / common private driveway within the
northeastern portion of the site (to access Lots 30-34).
(**)A dead-end street or street system shall not be more than twelve hundred (1200) feet in
length. The length of a dead-end street or street system shall be the cumulative distance
measured from the intersection of the centerlines of the dead-end street and the intersecting public street to the center of the radial turnaround(s) provided at the terminus of the street or street system. Please refer to Figures 3.1 & 3.2. This 1200-foot length requirement may be waived by the Plan Commission…”
(*)The Applicant is seeking a waiver to create a dead-end street system—which starts at the
proposed North Dearborn Road public road access—that would serve 38 dwelling units (8
dwelling units more than the Ordinance permits without a waiver).
(**)The Applicant is seeking a waiver to create a dead-end street system that is approx..
1,880 feet in length (~680 feet more than the Ordinance permits without a waiver). 
At the time of this report, it was unclear if there were any fence(s) along the eastern
property line that needed to be added / shown on the final plat submittal. 
The building setback dimensions have not been added to / noted on the updated
Primary Plat submittal. **Staff suggests either the removal of the side and rear
setback lines—with a note to be added to the final plat that acknowledges that
“current applicable zoning regulations or districts will determine side and rear
building setbacks”—or that some of the non-conforming building setback lines
(such as those associated with proposed Lots 30-32, among others) be changed to
meet the County’s requirements. The front yard building setbacks for the
Subdivision development are proposed to fluctuate:
i. Along North Dearborn Road: 60’ to Property Line; 100’ to Center Line
ii. Along Short and Gaynor Ridge Road(s): 45’ to PL; 70’ to CL
iii. Along the proposed public roads in the interior lots: 30’ to PL; 55’ to CL
iv. Along the proposed, shared private drive for Lots 30-34: 30’ to PL; 55’ to CL
**The proposed front yard building setback lines are consistent with the Residential
(R-DP) Zoning designation that was approved as part of the previous Primary Plat
Applicant is requesting removing items 1-3 and part of 4 and 5-8 from the original 2008 PC motion. 
(**Please note**: The Applicant’s proposed changes have been highlighted)
Mr. Thompson made a motion to approve the White Pines Primary Plat, with conditions.
Plan Commission counsel, Arnie McGill, requested Mr. Thompson to recap and categorize his motion. Mr. Thompson’s final motion for approval was based on the following items:
1. There will be an average of 4 trees planted per lot along the adjacent roadways—with the
proposed buffer areas noted on the plat
2. There will be uniformity in association with fencing in the buffer areas, as controlled by
restrictions / covenants or a property owner’s association.
3. There will be restrictions / covenants or a property owner’s association in place to retain
the character and improvements associated with the proposed buffer areas
4. There will be restrictions / covenants or a property owner’s association established to
ensure the repair and perpetual maintenance of retention and detention facilities,
sidewalks, and the service lane to the sanitary lift station. The developer will repair and
maintain auxiliary improvements and infrastructure until the Subdivision is complete
5. There will be appropriate detention or prevention of leakage around the sewage lift station
to prevent contamination of the pond on the adjacent property to the east
6. Architectural review will be conducted by the developer of the Subdivision, prior to the
approval of any proposed homes
7. There will be an ‘Agricultural’ covenant established that ensures that existing agricultural uses are protected from the expansion of the new residential uses
8. Every effort will be made to locate the sanitary sewer lines on the west side of Conifer
Court inside the development, unless St. Leon can provide good reason not to do so
9. There will be restrictions / covenants or a property owner’s association in place to ensure
that the color schemes of accessory building match the residences that are built
Mr. Nelson seconded the motion. All in favor. None opposed. Motion carried. 
April 20, 2016
Attention: Jeff Stenger
JDJ Surveying & Engineering, LLC
12606 Locust Lane
Sunman, Indiana 47041
RE: Primary Plat, White Pines Estates
As you know, the Dearborn County Technical Review Committee formally reviewed the
Primary Plat application for White Pines Estates Subdivision that you submitted and finds that the plans can be submitted for Plan Commission request with the following items suggested to be revised or submitted as additional or missing information.
Plan Commission Modification and Waiver Request:
As discussed with the Technical Review Committee, the request that will need to be made to the Plan Commission will be the following:
A. Modification to previously approved and recorded written commitments for the initial
zone map amendment of the property. Item #2 of the written commitments will be
requested to be modified to reflect the additional wording that no buffer yard will be
required if the subdivision is 56 lots or less. This modification request will be a favorable
or unfavorable recommendation to the County Commissioners for a final decision.
B. Modification to the previously approved Primary Plat of 75 lots. This will ensure that if
the modification is denied, the previously approved Primary Plat will remain intact, if
improvement plans can be submitted prior to the expiration of the last extension request.
If the Board were to make an approval of this request, they would have to add a condition
onto the approval based on the final outcome of the written commitments approval
through the County Commissioners;
Primary Plat Deficiencies and Requested Items:
1. Add a street section detail and a private lane section detail to the Primary Plat;
2. Please add any existing fencing, retaining walls, and structures within 100 feet of the
subdivision boundary;
3. Please add the zoning districts associated with all adjoining properties; 
 4. Please properly label the areas of retention or detention, so it is clear if the areas will
retain water or not;
5. The letters from the local school and fire/EMS still need to be submitted;
6. Please label building setback lines with the dimensions;
7. Please fix the math calculations for the lot phasing that was located on page two of the
Primary Plat. Please add an estimated timeline for each phase on the revised plat;
8. Lot 31 must be a minimum of 30 feet wide for the panhandle;
9. Please add calculations for the average lot size for the entire subdivision to determine if a
waiver is necessary to eliminate sidewalks for the subdivision. If requesting a waiver on
this regulation, please note that on the plan;
10. Please add calculations to determine average lot frontage for the requirement of curb and
gutter streets;
11. Please note a waiver is required to allow 38 lots on a dead-end street and set forth
statements that indicate the need for the waiver;
12. Please note a waiver is required to allow a dead-end street longer than 1200 feet and set
forth statements that indicate the need for the waiver;
13. Please add or make note of sight distances associated with the lots that front Short Road
and Gaynor Ridge Road. If adequate sight distances can’t be meet add locations of
shared driveways if necessary;
If you would like the Plan Commission to hear the Primary Plat request during the May meeting, revised plans will need to be submitted by Friday, April 22, 2016. If you have any additional estions please feel free to call me at the office.
Nicole Daily
Zoning Administrator 

Jeff Stenger presented for the applicant. He recapped the approval by the PC and Commissioners in June/July meetings for reduced density. It was done to be more along the lines of where the market is now. The redone configuration is ore n line with what the neighbors wanted. Most will enter thru Gaynor Ridge Road. They also no longer have the rears of the houses facing the existing streets. A lot of this area is ZONED Ag but it’s use is more low to high density Residential. They want to do fluctuating setback lines so they are set back about 70 ft. Sidewalks are a big issue and they don’t want them on existing county roads on both sides. And they think the sidewalk will connect to nowhere. The people that live there will be using the inside streets mostly. They are at 1 lot / acre which is borderline for the requirement. The 38 lots on the cul de sac is not out of line with some others in the county. Farmland Drive is much longer.Lansing asked if Harley Springs had sidewalks. Answer NO. 

About 1344 ft from N Dearborn Rd to Lot 50 per McCormack. McCormack said that some of the other subdivisions in the area went in before some of the changes went into effect in the ordinance. Connectivity and pedestrian life and trail planning and Green Umbrella have all come into play since then. Development and technology have changed form 9 years ago. We are pushing for better development and better quality. In the past in the 60s lots could not get septic repaired- no extra sites. The Ag covenant was being considered and wasn’t in the ordinance yet until we get the rest of the ordinance text on residential is revised. There is a template for it and draft set up. It would have to be litigated like every other covenant if disputed.


Bob Gaynor- This layout is kind of misleading. There are 36 lots in there on about 3/4 acre. Total acres are 56 - but some of them are on larger and she on lots smaller than an acre. The driveways total almost an acre of hard surface. Concerned for all the water and drainage. That gets set up at tech review per Kraus Jr. Lang and he disagreed on the crop’s runoff vs what house would have. There are two swales on Short Road. Lang said that this site won’t be approved if the water leaving this site exceeds what leaves there now. He brought up Tom Bender and Roland Hill’s ponds and dams from drainage from the N Dearborn library. Kraus Jr. said it was supposed to go down thru Randy Lyness’s pond in the design 

Tom Gaynor- son’s and brother and he farm there on Gaynor Ridge- since the 60’s. He spoke about the Ag covenant They have a hog and cattle operation. Farm equipment goes up and down 2.5 miles on Gaynor Ridge. There are other farmers that use that road. We intend to stay there. The hog operation is a big reason to keep that covenant in there. 

Steve Kuhn- lives and farms on Gaynor Ridge with his family. He also wants to be sure the Ag covenant in place. Not just smells but machinery and chemicals on the fields. It was there when first approved and needs to stay. Just because previous ones didn’t have it doesn’t mean this one shouldn’t. It won’t cost anything really. It forewarns the buyer. This actually gets put on the plat so it is a binding covenant. He doesn’t wan to have St. Leon sewer along their road. The farms don’t need the sewer. 


Jeff Stenger- currently there is sewer across from this in two places in front of Clint Crocker’s property and one other spot. Pushed small lots to inside and larger lots outside so the exterior properties look larger to the existing neighbors. Detention will be calculated. The Ag coven in other places is not good- but Beiersdorfer showed him the county’s version with is much more reasonable. The setbacks are being added to be sure if other builders come in they set homes back 70 ft and not crowd the neighbors. 

Baudendistel- said tay even Ripley County’s new ordinance allows people to comply or sue if the farmer is negligent for example. Restrictive covenants are permitted but need to not be adverse to public policy. Ripley County had an Ag restrictive covenant since 1991. No cases against it yet. He said civil cases can still be brought if needed. Sidewalks in the public ROW have to be ADA compatible. 

Richard Schmidt- doesn’t want to be singled out as needing an Ag covenant when others in the area don’t have it.

Chris Mueller- I asked what the dates of the subdivisions in the are approved were. 

McCormack said that they were there before this was contemplated and Right to Farm was coming up in ordinance discussions etc. came up around the time of White Pines then too. White Pines was one of the last big subdivisions approved before the economic downturn. They also discussed setbacks some more. 

Stenger said that they could put the one the county has proposed or something similar on their plat for the Ag covenant. 

Baudendistel said courts say you cannot waive your right to sue if someone is negligent. 

PC decided to address the 3 waivers separately.

Lehman motioned to approve the waiver for an additional 680 ft on to the col de sac existing length and Beiersdorfer 2nded. All ayes.
Lehman motioned to approve for 38 units on a  dead end street system and Beiersforfer 2nd. All ayes.
Hoog motioned to require no sidewalks in the proposed development and Thatcher 2nd. Lang wanted to have sidewalks on the interior lots- though not the interior roads.Talked about kids and eventual trails. Lehman said the roads have no gutter- so it is open ditch and sidewalks don’t work there. Lang changed his mind.  All ayes. 
Lehman motioned to the conditions that they want to keep from the original motion.  1,2,3, 5 and 8 are gone.  Keep 6 and 9 as is. Number 4 strikes out the lift station language and sidewalks. Change Number 7 is to adopt an ag covenant as drafted in previous PC sessions language. And the building set back on north dearborn to be 80 ft and the outbuildings or accessory uses. Beiesdorfer 2nd. All ayes.

Nicole Dailey gave update on 911 process- about 45% data inserted. They are meeting with the cities to get addresses from them so 911 could be accurate. 

McCormack- getting an intern hopefully. No financial guarantee report. Nothing due till late this year. One case item on August meeting and possibly two. Working on some ordinances esp sign ordinances. Will send some samples to them. 

Meeting adjourned at 9:20 PM 

Christine Brauer Mueller

Lawrenceburg Township