Tuesday, January 31, 2006

County Redevelopment Commission Pursues TIF Districts

30 January 2006 Dearborn County Redevelopment Commission Meeting Notes
Present: John Rahe, President, Grant Hughes, Vice President, Jim West, Secretary, Vera Benning, and John Maxwell. Also present: Richard Butler, Attorney, Mike Rozow, Chamber of Commerce, and Rick Hall, Attorney from Barnes and Thornburg.
Register Publications covered this meeting.

The annual meeting was first with election of officers being the same as listed above. Meeting schedule would be quarterly with special meetings called as needed. All meetings would be advertised. The minutes of the 2005 annual meeting were approved. They were similar to these with the exception of the officers being changed. Meeting adjourned at 9:35
[NOTE: IC- 36-7-14-13- Annual reports contents: Sec. 13. (a) Within thirty (30) days after the close of each calendar year, the redevelopment commissioners shall file with the unit's executive a report setting out their activities during the preceding calendar year. (b) The report of the commissioners of a municipal redevelopment commission must show the names of the then qualified and acting commissioners, the names of the officers of that body, the number of regular employees and their fixed salaries or compensation, the amount of the expenditures made during the preceding year and their general purpose, the amount of funds on hand at the close of the calendar year, and other information necessary to disclose the activities of the Commissioners and the results obtained. (c) The report of the commissioners of a county redevelopment commission must show all the information required by subsection (b), plus the names of any commissioners appointed to or removed from Office during the preceding calendar year. As added by Acts 1981, P.L.309, SEC.33. Amended by Acts 1981, P.L.310, SEC.88.]

The quarterly meeting convened immediately with approval of the Dec 19, 2005 quarterly meeting minutes. These focused on TIF districts and sewer board accomplishments.

Treasurers report from Rozow indicates a little over $30,000 in the budget.
The commission outsourced their marketing to the DCEDI and approved certain financials for the DCEDI related to this.
West praised the efforts of Travis Miller and Margaret Minzner in utilizing GIS and slope maps to obtain the TIF district boundaries. He also noted that the tax assessor’s online data made searching for property owners in the TIF areas much easier. He did NOT indicate whether or not these property owners had been notified.

Rick Hall of Barnes and Thornburg gave the packets of material and predrawn resolutions for the board to approve two TIF districts – St. Leon area and Aurora Industrial Park area.

St. Leon area TIF:
He noted the sewer lines in St. Leon were 2-3 inches, which were not big enough for the development in the TIF.
Maxwell added that they should include the Deddens property 10 acres on the SE quadrant of SR 1 and SR46. Hall noted that they could add up to 20% to the TIF without going back through the entire process thru Plan Commission etc. After that they have to start over and do the big process with public meetings and then they could add 20% again in the shortened process.
[NOTE: In the 2005 plat book, the TIF in St. Leon is in Kelso Township Sections 11 and 14. Large properties listed in the plat book enclosed in the TIF include Rosewood family Partnership, Lobenstein, Hallanger, Fuernstein, Dawson, and Keystone real estate. There are some smaller property owners also listed by initials only. This TIF adjoins the new school on SR 1 and the East Central Campus. It also encloses the I-74 ramps.]
Benning noted they could add Deddens later in 2006 as the 20% option.
Maxwell said they needed to give due respect to St. Leon and that there is no downside to the property owners as all future tax revenue can only be spent in the TIF in which they are located. [NOTE: That might depend on whether or not the property owners and those adjoining the TIF want a factory next door. The detailed plan for the TIF itself would be necessary for the property owners and the Plan Commission to make recommendations regarding the master plan. Certain plans might not be compatible with schools and the interstate access may need to be upgraded to accommodate certain businesses.]

Declaratory Resolution 2006-1 approving the TIF for consideration of the Plan Commission (does it fit the master plan) and subsequent approval by Commissioners was passed unanimously. It included the recommendation from Maxwell to consider the Deddens property for inclusion after the TIF is passed, under the 20% rule.

[NOTE: Does this TIF also have to go to St. Leon Plan Commission and Town Board for approval for any parts in their town limits?]

West Aurora Industrial Park area TIF:
The core of this TIF is the Rack properties on Randall Avenue and the Casket Company. Water and sewer issues are OK except for the treatment issues in Aurora that must be resolved as the interceptor for SDRSD.
The line drawing showed the building on the casket property cut off- that needs to be cleared up. Rozow asked which statute covered all this – 36-7-14 was the answer. (That’s the Redevelopment Commission statutes)
Maxwell wanted to pick up 20 acres east of this TIF- the Fugate Property for D&S Machines as they plan future expansions. He also mentioned the Legge properties. Hughes wanted to pick up North of the Casket Company to get the building enclosed. West noted Fugate had been trying to get hold of him.
When talk turned to studies of the sewers, I suggested they coordinate this with the DCRSD studies that Woolpert is doing for just shy of $200,000. It seems fruitless to duplicate studies.
[NOTE: Properties in sections 2,3, and 11 of Washington Township in this TIF as shown in the 2005 Plat book include: Diamond LLC, Kittle, Armstrong, Aurora Casket, Trester, Jefferson, Montfort Supply, Seevers, Inc, Hughes, Luhrsen, Elam Construction, Specialty Group, Brooks and smaller properties only identified by initials. This property runs across from Huesman Road along US50 down to Cole Lane.]

Declaratory Resolution 2006-2 approving the TIF for consideration of the Plan Commission (does it fit the master plan) and subsequent approval by Commissioners was passed unanimously. It included the recommendation from Maxwell to consider the Fugate property and north of the Casket Company for consideration under the 20% rule.

[NOTE: Fugate’s property was originally in Greendale. When that tax abatement expired the county offered another one, which he took to open the current location.]

[NOTE: Indiana Code 36-7-14- 10 states:
Commissioners; pecuniary interests in property and transactions
Sec. 10. (a) A redevelopment commissioner may not have a pecuniary interest in any contract, employment, purchase, or sale made under this chapter. However, any property required for redevelopment purposes in which a commissioner has a pecuniary interest may be acquired, but only by gift or condemnation.
(b) A transaction made in violation of this section is void.
As added by Acts 1981, P.L.309, SEC.33. Amended by Acts 1981, P.L.310, SEC.86.]

The West Harrison TIF was also discussed: the option of adding property N and S of SR 52 was discussed. Sewer issues, flood plain issues etc. were discussed. Maxwell noted that Beige Fields was filling up in this area and the Stone property was already in the TIF. He thought they could build 2-3 ft out of the flood plain. There is a 6 inch sewer line bored under the river and can hold 25 times more than what Stone needs. Apparently the Redevelopment Commission for got to notify the auditor and so they have NOT captured the tax income form this TIF yet! Parcel ID’s have to be filed. They can go back and do this now per Rick Hall. Hall noted they have to prepare a tax impact statement and present it to all the taxing units.
Butler warned them that if buildings were getting torn down in a TIF they would lose tax revenue.
Consensus was to add the expansions to W. Harrison TIF in one step. Hall will prepare a resolution the same as the other two for the next meeting.

They plan to get all three on the agenda for the March Plan Commission meeting (March 27)

Next meeting will be Feb 6 at 9:30 AM.

Meeting adjourned at 10:40 AM

Christine Brauer Mueller
Lawrenceburg Township

Wednesday, January 25, 2006

24 January Dearborn County Council Meeting Notes

24 January Dearborn County Council Meeting Notes

Present: Fehrman, President, Ullrich, VP, Cheek, Mitter, Kraus, and Morris.
Absent: Lansing
Also present: Pickens, Auditor, and Messmore. Administrator

Fehrman was reelected as President and Ullrich as VP

For Council appointments see #13 at the end of the meeting.

1. Fehrman welcomed Liz Morris from Bright (appointed to replace Negangard) and thanked Aaron Negangard for his service as replacement for Messmore’s Council seat.

2. Sally Blankenship- Judge Superior Court 2 – requested total of $4608 change in the salary ordinance for the two employees she hired for her court. New Court reporter was allotted up to $33,000 and she hired at $30,887. Bailiff was allotted $24,893 and she hired at $26,393. She was going to use $1500 from overtime to cover the bailiff, but Council wanted to keep that there. [NOTE: This still doesn’t add up to $4608 – see Witte’s comments below for possible explanation.]
Ullrich 1st, Morris 2nd to amend salary ordinance for Superior Court 2 for $4608 needed. Cheek voted Nay and Fehrman voted aye to get the requisite 5 votes for salary change.

Judge G Michael Witte from Superior Court 1 addressed the council at this point to make them aware of the disparity in salary ordinance. He wanted Council to be aware of the domino effect of their previous vote, though he stated he was not asking them to change their previous vote. He had for several years tried to bring court employees salaries in line with respect to the jobs they performed. In 1999-2000 they apparently achieved this eliminating the ruse of giving employees tasks to do in the probation dept. to access those funds to achieve parity in pay for similar positions in the different courts.
He noted that he and Judge Humphrey came to budget hearings to give them a well thought out budget for the new superior court 2. Council pledged to increase those salaries if there is lateral movement in court offices. That is what happened here. (Blankenship hired two of his employees) One of these people got an apparent increase and also a $2,000 raise. He stated he was not critical of Judge Blankenship, but now her has 2 employees who are asking for the same thing. Witte noted this had an impact on morale as now these employees are working harder to take up the slack along with some temp help until they can replace the two employees that Blankenship hired from his court. He doesn’t really want to go back to the old way of using Probation funds, nor does he want to be the judge who unilaterally gives pay raises instead of having COUNCIL do it, as they are the body that should be getting it done. He does not intend to usurp Council’s authority, but is giving full disclosure of what he may have to do. He mentioned salary grids as the federal system used with G-1, G-2, G-3 etc, as a future option to consider. He ended with saying that he has to remember who he took to the dance and who stayed with him.
Blankenship stated that the one employee went from an assistant court reporter to being a main court reporter for her.

3. Frank Cummings and son Reuben- accountants for the county – presented the option of using their software to create a list of all assets for the GASB (Government Accounting Standards Board) mandate from the state plus a depreciation schedule. He stated they would provide Pickens with a hard copy, digital data, and the software so that they can add equipment as it comes in and keep the file current. He estimated it would take one employee one day to update it annually. Upside is that they get into compliance with GASB, they can increase grant opportunities, and it will help with bond issues so that people have an accurate appraisal of the county’s assets to back up the bonds, and will help out with insurance coverage limits.
Pickens recommended using Riverboat revenue, as it was a one-time expense. Ullrich 1st, Cheek 2nd to use $25,000 from Riverboats funds and not use county general for this. All ayes.

Cummings added that for the new court he thought they might be able to appeal for the excess levy to cover Court. They will need to pass a resolution to do this at some point.
After hearing the sewer board presentation Cummings also stated he didn’t think they’d qualify for an extra tax for sewers.

4. Mike Hankins- Sewer Board- requested release of the $200,000 that was set aside for construction costs on Stewart and Cole Lane so that they could use it instead for Woolpert Engineers to do a county wide study of their needs. The bid was for $189,000 and they expect about 5% change orders.
Ullrich asked about High Ridge Estates- their original impetus to getting a sewer district set up. And also about his 2nd priority which was to get sewers to the TIF area for Jim west and DCEDI. Ullrich asked if St. Leon was remaining a separate entity. Hankins said Yes- and that’s why they need Woolpert to assess their needs. Hankins noted that the sewer board made “tremendous progress.” Fehrman said this is the year that the sewer board should grow legs of its own… They haven’t heard from rural Development grant- they’ve waited 2 years now.
Ullrich asked about sewer lines going past properties on WORKING septic systems. Hankins noted the preferred rates that were available during construction of the lines as incentive to hook on. He said Woolpert has N KY solid waste experience where they combined 32 entities into one district. He also noted that Sewer Board would talk at the next Council meeting about replenishing the $200,000 they are using for the study. [NOTE: This implies Council will have to fund more.]
Council wanted to know about St. Leon- are they still on their own- Hankins said- yes- for now. [NOTE: Woolpert’s experience is combining 32 entities into one in N KY. The DCRSD is impressed by this fact. Perhaps the DCRSD is trying to combine ALL sewer entities in the county into one district- so St. Leon, SDRSD, LMH, and VRUC would all be under the county’s roof.]

It appears they got their $200,000 released.

5. Todd Listerman- Transportation Dept. Director. - requested a transfer of the leftover funds from the White’s Hill Project be used for the Stephens Rd-Stateline Rd intersection lanes and improvements in anticipation of the stoplight that Sugar Ridge is paying to install. Cheek 1st and Kraus 2nd to transfer $150,000 from 203 to Stateline Stephens Project. All ayes.

Ullrich noted there will be some more money in MVA funds from the Governmental Major Moves Campaign. He thought $1.25 million. Cummings noted that is for 3 years only.

6. Bryan Messmore, County Administrator- requested $1500 per month ($18,000 per year) MORE as an increase in lobbyist fees for Barnes and Thornburgh, the federal lobbyists. These are the lobbyists who are taking credit for getting the US 50 study money and Tanners Creek bridge money. The lobbyists supposedly started the county on a reduced rate and now they want their regular rate. [NOTE: This was not stated at any Council meeting before. Council looked unhappy at this rate.]
They still cost less than the state lobbyists. Fehrman noted- that they do less also. Mitter asked what we are getting for our money. Messmore stated they got $4.6 mil to pave SR56 from part of Ohio Cty to the city limits of Aurora and $400,000 to supplement the US 50 Corridor study. Negangard spoke from the audience in support of the lobbyists. Messmore noted he was in a conference call with them and California and Denver over FY 07 money (fiscal year 2007) available in transportation bills, storm water, juvenile detention, wastewater, etc. He said he is trying to “capture quantifiable data and get calendars marked about who to talk to and when.” Benning spoke and noted that they have opened doors that we couldn’t access before. We got $5million for an $18,000 expense.
Pickens wanted to know why they didn’t send a contract for renewal. Much questioning on the federal transportation funds. [NOTE: It appears there is a large gap in knowledge on the board as to how federal transportation dollars get apportioned.]
They also noted again the $400,000 that Council appropriated for ME to do a coordinated land use and economic impact study to supplement the US 50 Corridor Study on Travis Miller’s recommendation.
No one mentioned where this is going now- and with L-bg pursuing the already designed extra 2 lane bridge next to the main one with lanes from Main St. to just past Krogers center it seems that this entire study has fragmented.
Kraus 1st and Morris 2nd to approve an additional $18,000 to the contract for Barnes and Thornburgh lobbyists. All ayes.

Messmore also noted they have begun the insurance needs evaluation process. (as recommended with Ewbank)
He now sees that may be duplicating info from the GASB process with Cummings. Cary Pickens noted they could compare evaluations of the assets between the two studies.
This will allow a brand new set of specs to get insurance bids now. $15,000 won’t get them through all of this- they will be looking for another $15,000 by the end of the year. Messmore says he is “tracking hours to be sure they are billed appropriately and trying to manage service elements within the scope of what we paid for.”

8. Bright EMS- not present.
Bill Black took their time- for Emergency Mgmt request for $468,000 for radios for 800 MgHz system. They will need $30,000 per year for the L-bg loan as debt repayment and Pickens needs to write a letter to the state to notify them of the debt amounts to be sure we aren’t exceeding our limits.
Council is comfortable with proceeding with the loan from L-bg. Kraus noted he’d like to just pay it off. Council is hopeful that L-bg will “forgive the loan” instead.
Bill Black also asked for a on-reverting fund to be created for donations and funds raised for emergency management. Fehrman to get Ewbank to check on writing a resolution for this to be done.

9. Wesley Holt Coroner- requested $5000 to get the van maintained- it was used when they bought it and sees no service records on it- it needs brake work and power steering looked at. This was NOT advertised. Pickens noted they can use $1500 out of emergency funds and the Hwy garage can do the oil changes. Will advertise for next meeting. Kraus 1st, Cheek/Mitter 2nd for $1500 out of Emergency Fund. All ayes.

10. Juvenile Center requested $3500 pay for accrued vacation for employees who left. Cheek 1st, Kraus 2nd. All ayes.

11. Salary Ordinance including portion as amended for Blankenship Superior Court 2 request passed with Mitter 1st and Kraus 2nd. Unanimous and Fehrman voted as well.

12. COIT distribution assignments will continue as before still eliminating Solid Waste as they have their own tax levy now. Mitter 1st Cheek 2nd. All ayes.

13. Council Reappointments:
L-bg Library- Ruth Ann Walker
SIRPC – Ron Selmeyer
Alcohol Board- Ralph Schaffer
Division of Fam and Children- Bonnie Haas (sp?), Bruce Smith, Ruth Wright
BZA- Jake Hoog
Plan Commission- Mark Mitter
Advisory Board- Dennis Kraus
Solid Waste- Bo Lansing
Emerg. Mgmt and Animal Control – Bill Ullrich

Changed Board Appointments:
DCEDI- formerly Travis Miller- now Charlie Fehrman
Juvenile Detention- formerly Negangard- now Liz Morris
And Fehrman saved the best for last
DCRSD Sewer Board- formerly Greg Vollmer- now John Maxwell

[NOTE: Fehrman wanted to know if the chair could nominate someone. (Fehrman is reportedly employed supervising one of Maxwell’s projects at HVL POA) They talked about issues with attendance with Greg Volmer.
I spoke up regarding conflict of interest issues- stating that besides being a developer, Maxwell is on DCEDI (Econ Dev) Redev. Commission, and is being considered for the St. Leon sewer board also. They argued that he is an engineer and has vast knowledge and that is important now that the sewers are taking off. I countered with what's going to happen when the board is determining WHERE the sewers go and who gets service? If he can't vote it'll be as bad as being absent... (The board needed to table this and look further for someone with less potential for conflict of interest.)
Charlie Fehrman asked Brett Fehrman who is also on DCRSD as Aurora's appointee about attendance issues and the new bylaws of the sewer board. It was noted that the by-laws were changed to deal with absentees as Volmer’s case brought up. (Other board members including the chair have issue with attendance- and being on call and leaving meetings)
Brett said that both candidates were qualified and that Maxwell won't vote on jobs that he has issues on...
Liz Morris (the new council rep) stated that Hankins recommended considering Maxwell.
Pickens stated that Hankins letter states the sewer board actually recommended appointing Volmer again. (This was true at the sewer board meetings also – including voting to send it.- are they hypocrites?)
Then Charlie Fehrman said a couple DCRSD board members came to him with absentee issues...
Kraus said Dennerline came to him with the excuse about Volmer's mother's death and Ullrich said he'd heard that also.
Pickens also stated that they need to get Maxwell to fill out a conflict of interest statement.
(They aren't even trying to make these boards diversified and open to debate any more.)
Fehrman said he wanted grants to help us pay for sewers so that our growth can help us pay for the new jail. (Yikes!)
Kraus nominated Maxwell, Mitter 2nd.
Cheek nominated Vollmer. No 2nd. Votes approved Maxwell with Cheek voting Nay.
Fehrman said Pickens should notify Maxwell and ask him to be aware of conflict of interest and fill out a form.]

Minutes signed

Messmore on behalf of Gayle Pennington- Treasurer- wanted $2000 for Don Russell to get tax info online using the county’s server. Only problem was it was down on weekends, Morris wanted to make funds available so that when dept. heads coordinated it they could proceed, as Council wasn’t meeting till May. Fehrman was voted to put a memo out to the dept. heads to prepare something for this and present it at next council meeting. No money appropriated yet. [NOTE: Using County’s server would require increased firewalls etc for security, as opposed to using an off site server or web site. I would think the county’s financials should be preserved as a high priority. Mannitron put out the Assessor’s site. Perhaps there is a way to combine all the tax info there or transfer that to the county’s new page.]

I asked about road paving approvals. Council still intends to approve an itemized list of all road paving projects as well as special projects for 2006.

[NOTE:I rec’d info from the Transportation Dept on the approved lists: Six roads from the 2005 approved list have yet to be finished- Blue Creek (District 2), Dole, Henderson, Kocher, Stateline, (District 1), and Stewart St (District 3)

From personal research - earlier in 2005 Sawdon Ridge was widened for the special projects list that Council was notified of last year. FOX ROAD, appropriately named, ( a little over 1 lane wide off Yorkridge) was not on the 2005 list but was supposedly widened to be paved this year. These are being prepped to be on the 2006 list. The remainder of the list is yet to be developed.]

Adjourned 10 PM

Christine Brauer Mueller
Lawrenceburg Township

Tuesday, January 24, 2006

23 January 2006 Dearborn County Plan Commission Meeting Notes

23 January 2006 Dearborn County Plan Commission Meeting Notes

Present: Mark Mitter, Chairman, Jeff Hughes, Mike Hall, Nick Held, Jane Ohlmansiek, and Dennis Kraus, Jr.
Absent: Patrick deMaynadier, Robert Laws, and Tarry Feiss,
Also Present: Arnie McGill, Attorney and Mark McCormack, Enforcement Officer.

Old Business:

1. PC Chairman Mark Mitter States He Will Submit VRUC Letter to the County Prosecutor for Charges of Submission of False Information and Possible Fraud.

In the hour long discussion of the sewer issues for the 156 lot Sugar Pines Sub’n on Stateline Road, PC members wrestled with a series of 6 letters with conflicting information regarding sewer service availability to Sugar Pines. Andy Temmel, the developer presented the 7th letter – a Dec 30, 2005 letter from Floyd Ogden that certifies that sewer is available through VRUC. The letter stated that Ogden represented VRUC and that he certified numerous things about their sewer capabilities. It ended with a statement of Indiana Code and certified that he was aware of the penalties for submitting false information. He signed the letter.

Richard Butler (Greendale attorney) with backup from Steve Lampert (Greendale’s Utility Director) were present to present Greendale’s position on potential sewer service and refuted VRUC’s claims unequivocally. Per Butler- three things are necessary to show service- a VRUC letter showing that they can collect the sewage, a Greendale letter (or some entity) showing they can transport, and SDRSD letter showing they have capacity to treat. The only letter they had was VRUC. He also showed that Bitner from VRUC requested 48,000 gal from Greendale and Greendale’s minutes show that it was NOT GRANTED.

Maria LaRosa presented the huge proxy list to form a new VRUC board and reiterated that OKI did not grant them the ability to treat under OKI’s 208 water mgmt plan.

Jim Maupin- requested a summary of the letters in the packet, which Mitter provided to the audience. He also stated that he intends to submit Ogden’s letter to the prosecutor for possible charges of submission of false information and possible fraud. [NOTE: Audience reaction to this statement was positive. It should be noted that this letter repeated uses the word- “I certify” and in its entirety appears to be either perjury or a deliberate attempt to mislead the board. It was commented by one of the PC members that perhaps Ogden was threatened with job termination. The response was that it’s better to be fired than to sign false statements.]

Linda Mitchell reminded them of the ordinance code that was quoted in the last meetings, showing that the sewer letters do not meet the code requirement under 216 of the subdivision ordinance.

Hall motioned and Held 2nd to deny under section 216 as sewer availability is not proven. They also stated that sewer availability would be considered to be a major change if they reapply. All ayes to deny.

[NOTE: This item had been tabled twice already. The applicant seemed to want an approval so that he could proceed and hope that sewers would come through before secondary approval. In this case the board probably protected the applicant- an approval would have caused more expenditure of money on a project where the sewer issues seem to be drawing out to a tangled legal knot. Leaving it on the table would have been a better option for him, but options on the land may have run out in the meantime. In any event, the developer wanted a form answer – which he got.]

New Business:
Rohe Development Condos on Mt Pleasant Are Required to Comply with County Sidewalk Code.

Rohe Development with Bayer Becker presented this for Pleasant Woods Condos across from the Farm Golfcourse.
This item was an appeal for a waiver on sidewalks to eliminate them altogether and leave an exercise trail through the wooded area. The board was concerned with safety issues and connectivity as well as the sidewalk actually being an amenity for the condo owners. Owners stated they wanted to give up the clubhouse then. They also stated that Tucker’s development on Jamison didn’t have sidewalks. [NOTE: That development occurred under the old ordinance- not the new one. It was one of the last ones that came in befor ethe new one took effect.]

The board went as far as trying to put them on one side of the street only, but that failed by 4 – 2 vote. Tabling failed by a 3-3 vote. Denying the variance failed for lack of a second. This meant the ordinance stands as Travis Miller had stated to the applicant, which caused the appeal to the board. Sidewalks on both sides of the road are required.

[NOTE: In this discussion it was clear that there were money issues with the applicant and they repeatedly commented that they had to keep putting in things – sewer lines, landscaping and buffer strips, and clubhouse, and sidewalks. It was also stated they could try the permeable sidewalks as an option, which were cheaper, but Rosenberger of Bayer Becker shot that down as being not aesthetically suitable. It was suggested also that when you are the first person in an area developing ahead of time, you will have additional expenses, particularly when your plans are not in character with the existing neighborhood. Their option would be to sit on the property and wait for other development to share the costs of infrastructure. It should be noted that putting in condos and high-density development is the highest use and could net the highest potential profit for the developer. To do things cheaply would spoil the plans and the potential sale of the properties. Safety for residents and the ability to walk to the pool and clubhouse were also important factors. Suggesting that they DRIVE to these amenities within their 32-acre development was a stretch. The road was narrow to discourage parking on the streets and also to keep it slower. This leaves less room for walking safely on the street.]

Mark McCormack had no enforcement report this month due to his vacation and the holiday.

The PC plans for a working session on Feb 15th to discuss changes in the ordinances, some of which were discussed at the commissioner’s meeting last week regarding parent tract language.

PC may extend the application period for another month for the Plan Director, depending on what the final results are at the Feb 1st deadline for resumes.

Preceding this meeting was an executive session regarding possible GIS dept. changes.

Meeting adjourned at 10 PM

Christine Brauer Mueller
Lawrenceburg Township

Friday, January 20, 2006

19 January 2006 Dearborn County Regional Sewer District Meeting Notes

19 January 2006 Dearborn County Regional Sewer District Meeting Notes

Present: Mike Hankins, Chairman, Greg Vollmer, Brett Fehrman, Dave Enzweiler, Rodney Dennerline, Barry Pruss, and Pat Holland.
Also present: Tom Quinn, Engineer, Doug Baer, Health Dept, and arriving later, Lisa Lehner, Att’y

Also present in the audience were: Jerry Jacobsen (SDRSD), Bob Hrezo (P.E.), Tom LaRosa (HVL), and Bryan Messmore (County Adm.)

1. John Kruse from the town of Sunman told the board that Sunman had discussed having a 5 mile radius CTA initially and was hoping t o coordinate their efforts with the county to serve the western side of Dearborn County. Hankins told him that they would need an interlocal agreement for collection, transport, and treatment options. Woolpert (see next item) will be studying county options and will include Sunman in the study. Hankins also recommended the IN Ass’n of Regional Sewer Districts as a source to help them set things up properly.

2. Woolpert Engineering was present to answer questions as Lisa Lehner went over their contract that was in 3 parts- the master agreement, Addendum 1 and Addendum 2.
Addendum 1 included the project scope, pricing, and details of the hours involved in each scheduled meeting. Addendum 2 included additional services and pricing- the so-called “extras” that the project may run into as it proceeds.
They needed a contact person who would be available during regular business hours and Hankins had discussed Bryan Messmore, Adm for the county, to serve as this. It would mean he has to attend meetings also. Messmore said he would be “honored” to do this. The contact person- Messmore- HAS COMPLETE AUTHORITY TO ACT ON BEHALF OF THE CLIENT TO DETERMONE CHANGES IN SCOPE OF THE CONTRACT. No mention of pay was discussed for Messmore’s services.
[NOTE: As Bryan Messmore is new to DCRSD he will need to be brought up to speed ASAP]Messmore was approved with Enzweiler objecting as he thought it should be a board member.
Other changes to the contract were discussed:
Volmer and Dennerline agreed that the board should be able to terminate the contract with sufficient notice as long as Woolpert is paid for services to that point.
Volmer also wanted the documents and plans to be the property of the DCRSD- “we paid for it; we should own it.”
Woolpert said DCRSD can have hard copies, but AutoCAD files, GIS, and digital files were not an option, as they were concerned they could be modified. [NOTE: There are ways to create digital files of this type that CANNOT be modified…]Hankins questioned reasonable attorney fees and Dennerline asked if that was Chicago prices or Lawrenceburg prices. (Laughter)
Field collection data will NOT be given to the DCRSD.
As to Addendum 2- no work will be done at those rates unless Messmore issues a written memorandum to continue at those rates.
Lehner then told the board they could approve the contract contingent on Council funding on Tues and appoint Hankins to sign or wait till the next board meeting.
Board unanimously agreed to let Hankins sign, contingent on funding and Lehner adding language to address their previous concerns. [NOTE: this also depends on Woolpert’s att’y agreeing to Lehner’s changes.]

Woolpert scheduled a kick-off meeting for 1 PM Feb 27th in the Commissioners Meeting Room for Lehner, Messmore, 2 board members and any County officials who wish to attend.

3. Hankins and any Board members wishing to attend go to Council next Tues for the funding request.

4. Application to IDEM not approved yet per Tom Quinn because of technicalities in the form for Cole Lane and Stewart St. He also has not had time to get with Aurora regarding the Interceptor there. [NOTE: It is not clear what Quinn IS doing.]

5. Lehner and Brett Fehrman went to SDRSD to present their request for DCRSD to become a non-voting member of the SDRSD. They would not be privy to any executive sessions as that member.

SDRSD will meet in executive session to discuss this.

There were discussions back and forth with Jerry Jacobsen at this point. Hankins stated DCRSD wanted a non-voting seat as a step to becoming a full-fledged member. Jacobsen noted they hoped they would become a member.
Lehner stated that the PERCEPTION that DCRSD is sitting at the table with SDRSD will help DCRSD with St. Leon negotiations later.

Dennerline stated that they “didn’t want to weasel in, they just wanted to be privy to SDRSD agendas and be in the know.” He thought DCRSD could have helped with Aurora issues. [NOTE: HOW?]

Jacobsen noted that Dennis Feichtner is pretty much an open book- they only need to ask him for info.
Dennerline stated again- all we want is info.
Jacobsen said- it’s open to you already. You can have a liaison there as long as you do it out in the open. SDRSD meets on the 2nd Tues at 10AM. Hankins said someone would be there.
[NOTE: It seems like DCRSD wants something for nothing. And they have surrounded the 2 big public districts and LMH’s private one. (No telling what VRUC’s status is in this) By surrounding the CTA’s of these districts, DCRSD can effectively cut off any expansion of those districts and control them and any further development in the county. To ask for non- voting status means they do not have to buy into the district – to invest in it they way L-bg, G-dale, Aurora, and Seagrams did. While they have been smart legally- it’s pretty clear that this is a power issue- and not just about sewers, but about what sewers can mean in terms of infrastructure needs for development. Pretty arrogant for a group that hasn’t been able to achieve even their first objective- getting High Ridge Estates cleaned up and served. SDRSD needs to stand their ground, make the county step up to the plate, and become an EQUAL player.]

6. Hankins noted that Council rec’d their letter requesting reappointment of Greg Volmer. This should be done on Tues. [NOTE: Per Charlie Fehrman, Council has rec’d info on two other people who are interested in the spot and they have concerns with Volmer’s attendance. Council needs to look at each member’s attendance records as comparison, if that is an issue. A board that meets twice a month is likely to have some issues on attendance, particularly with vacations, being on call, and work schedules. Volmer has an extensive knowledge of sewer issues, equipment, and technical input. If Council chooses to replace him- it would be irresponsible to do it with someone who has less expertise. Debate and discussion are important components of all boards.]

7. By-laws were approved to have 4 consecutive meetings missed as grounds for terminating a board member. No more than 8 can be missed in a calendar year either.
Per- diems of $50 per day max were included.
Travel expenses can be used as the state’s employee amounts. These payments all come out of the DCRSD budget, which Holland noted was also for their studies etc.

8.Per Lehner the IDEM IDEM received letter of territorial expansion and they won’t get anything back- it’s that simple. This supercedes existing CTAs per Lehner. “If we come within 300 ft of an existing CTA they have to connect to us.” [NOTE: SDRSD and St. Leon won’t appreciate this.]

9. It was agreed to let Woolpert proceed with their study before making any decisions on Moore’s Hill needs.

10. Transcriptionist is leaving- so they will need to find a new one.

11. Comments on Guilford, SR1 Corridor, and Bright for sewer service, noting it was a 15-20 year project. Dennerline said there will be a lot of pressure from development along SR1. Nothing new on VRUC – their official meeting is Jan 30.- at least one of the so-called official meetings. Hankins said they should let VRUC go “until they kiss and make-up or kill each other.”

12. Jacobsen asked if they were going to share Woolpert’s info with SDRSD. Are you going to direct Woolpert and prioritize the study? They invited Jacobsen to the kick-off meeting and noted that information was a two way street- a gentle nudge to get DCRSD onto the SDRSD board as non- voting member AGAIN.

Meeting adjourned 8:40 PM

Christine Brauer Mueller
Lawrenceburg Township

Wednesday, January 18, 2006

17 January 2006 Dearborn County Commissioner Meeting Notes

17 January 2006 Dearborn County Commissioner Meeting Notes

Present: Benning, President, Hughes, and Fox.
Also Present: Pickens, Auditor, Ewbank, Att’y, and Messmore, Administrator.

1. Fox submitted the bid from All American Vending, which was approved.

2. Don Ritchey from Suscom and Susquehannah Communications and Rusty Robertson of Comcast submitted the transfer of the franchise to Comcast under the same conditions as with Suscom. Franchise ran till 2011. Commissioners Ok’d the resolution. Robertson also made them aware of the senate bill that will remove local control of cable franchises.

3. Mike Heffelmire from the County Farm Board presented a review of the county farm lease. Bill Meyers who farmed the land for 14 years is resigning. John Seubert’s bid to pay $1850 twice a year to lease the ground for 5 years was approved by the farm board. Commissioners accepted this recommendation.
Heffelmire also stated the Boards position on the Youth Complex lease, which expires in July 2006. 4H and Scouts use the facility and have a building there. The Farm Board hopes they continue the lease for the youth in July.

4. Todd Listerman- County Engineer and Transportation Director- presented the application for the Triple Whipple funding. Commissioners signed. They are asking for $1,315,600 out of the total price of $1,644,500. County’s 20% is $328,900. Of that the county will pay 80% and Ohio County 20%.

Listerman is going to Council next Tues to get them to transfer the White’s Hill excess to the Stephens and Stateline intersection project. Commissioners approved Listerman putting out RFPs for the design. Listerman will put out an update letter to the HVL POA at the request of the commissioners. County pays for turn lanes and Sugar Ridge pays for the light.

George St. Bridge #159- Commissioners approved using our consultants to design the sidewalk side of the bridge at $7500 through James Barker Engineer to be reimbursed by Aurora. Listerman will write the supplemental to the original agreement with Aurora to reflect this.

5. Mike Hall -Surveyor presented a request for commissioners to take in an extra 10 ft perimeter to the cemetery on the Tanner Creek Properties Land behind Steak and Shake on US 50. (There are graves outside the original deed lines) Ewbank noted that the county has an implied easement to this property until the roadway to it is constructed during the development. Accepted.

6. Commissioners reappointed Jim Deaton to the BZA.

7. Cary Pickens presented the interlocal agreement with the lobbyists, which was signed.
Commissioners also signed the 2006 IN Lobby Registration Commission Statement.
The certification for the covered bridge in Guilford was signed. This brings in “a few bucks” per Pickens.

8. Ewbank presented the ordinance regulating parking in the county ROW, that was reviewed by Sheriff Lusby as well. There are $10-25 fines plus court costs. Parking is permitted OFF road in the ROW for a max of 30 minutes. After being published weekly for 2 weeks the ordinance will be in effect.

9. Hughes brought up several items for discussion:

Item 1- Ordinance enacting County Commissioners directing authority over the GIS coordinator. Messmore stated that he’s drafting a letter to the Plan Commission to get dialog started on this. Hughes is looking over Messmore’s letter.

Item 2- Resolutions to delete the parent tract language from the Subdivision Control Ordinance after 30 days, contingent on the planning commission not presenting a recommendation.
Mike Hall (surveyor and Plan Commission member) spoke up on this noting that Travis Miller’s resignation and the time it will take to fill that position will delay this process. Hughes noted that it was about 2 months ago that they had requested the PC look into this. [NOTE: There seems to be a disconnect between commissioners and PC on the lines of authority here. The Plan Commission has to have a PUBLIC HEARING in order to make a recommendation to commissioners for an ordinance change. Commissioners shouldn’t override this step. Another point seems to be that the Plan Commission was not in favor of changing this language- as it has been discussed AT LENGTH by the previous Planning Director Jeff Hayes. They also found that the language makes it easier to perform the staff analysis for in-house land transactions that don’t require a trip to the Plan Commission meeting. Lastly, there is a concern that subdivisions are being proposed in a piecemeal, unplanned fashion that strips out roadways in a manner that would lead to safety issues with numerous curb cuts. Perhaps Hughes did not understand what the PC was saying during their administrative discussions on this as he is relatively new to the board.]

Item 3- Repeal Article 20- section 2000through 2085 of the DC Zoning Ordinance- (Sign Ordinance) Ewbank informed the board that this would be an AMENDMENT, not a repeal of the sign ordinance, but they should wait till the suit is settled and the language the plaintiff requested is submitted for this. This is a result of the White vs. DC Commissioners suit concerning first amendment rights. (Sign on Barber Road)

Meeting adjourned 6:50 PM

Christine Brauer Mueller
Lawrenceburg Township

Monday, January 09, 2006

Dearborn County Regional Sewer District

Thursday, January 5, 2006

Board Members:
Mike Hankins, Bret Fehrmann, Pat Holland, Barry Pruss, Rodney Dennerline, Greg Volmer (late)

Doug Baer, Tom Quinn, Lisa Lehner (late), approximately a dozen in audience.

The meeting was held at the side table in the Commissioner’s Meeting room and parts of what was said were inaudible. This is a public meeting (by law) and efforts should be made to make it audible to the public. Current arrangement is rude to public trying to hear the proceedings. Where items are unclear ???? or ___ have been inserted.

Meeting Minutes:

Previous meeting notes (e-mailed to the members prior to the meeting) were approved.

Treasurer’s report:
Checking: ????
Lawrenceburg: ?????.42
Seed Money: 301,045.68 (?)
Treasurer’s report was approved.


Funding for Comprehensive Study

Woolpert is the selected firm for the comprehensive study at $200.000(?). Application to Lawrenceburg was accepted; but, as a loan instead of a grant. Will need interim funding. Will approach Council for funding. LL has already talked to Council. The application will need to be ready by Monday for the January 24, 2006 meeting. Approved for DB to put together request. RD & LL to schedule meeting with Lawrenceburg (to see about converting load to grant).

Engineering Report for Cole Lane & Stewart Street

Per T. Quinn, comments on plans for Stewart Street and Cole Lane have been received from IDEM. Need ________ Certificate from Engineer. IDEM wanted items in variance deleted from Certificate. The revised application is ready. Will have package ready by Friday or Monday. IDEM wants formalized calculations and several identifications on drawings revised.

Engineering Report Aurora Interceptor

Quinn has not taken any current action.

Letter of Understanding with VRUC:

Tabled at last meeting till February 15, 2006.

There was a meeting December 27, 2005 regarding the organization of VRUC and a new Board was elected. A letter was received from the new Board indicating the action of the meeting. MH didn’t know the actual status.

William Newcomb(?), former VRUC Board member and currently _____ Finance, indicated the new Board wasn’t valid and the subdivision (Sugar Pines) is still pending. The Commissioners (does he mean Plan Commissioners?) have to decide if it is to proceed. They (VRUC?) still want to work with DCRSD. They (VRUC?) have a new contract with Greendale (no contract per Jerry Jacobsen).

Mr. Bittner indicated the current VRUC Board Is still the duly elected Board and has the authority to sign contracts. The next authorized meeting is January 30, 2006. VRUC is still interested in proceeding with DCRSD.

DCRSD tabled, till issue is settled. VRUC status is unsure and they will wait until February.

Report on Non Voting Member Status for SDRSD:

LL has prepared a new amendment to SDRSD for non voting member status. SDRSD requested a letter to permit them to prepare ____. LL to attend Board meeting (second Tuesday of the month at 10:00 AM) LL suggested a DCRSD Board member should attend.

Board Reappointment:

G. Vollmer’s appointment is over January, 2006. DCRSD to make a request for reappointment to the Council. DB to draft a letter.



Claims were submitted and approved to pay. LL has submitted claims for 2,822.25. Under new Federal Law _____ have letter __ for debt collection. Claims approved.

Request by Town of Sunman to Address Board at Next Meeting:

A request was made by Sunman to appear at the January 19th meeting. The question was raised as to what they wanted. Speculation they wanted to contract services and territory. Can’t give them territory; but, can work with them. Added to Agenda for meeting.

Per Diem & Attendance Requirements:

LL indicated County has allocated funds for per diems, up to $50 per current Code. RD moved and BP seconded to institute per diems. RD, BP, GV, BF for; PH opposed, - approved.

Discussed attendance requirements. If a member is unable to attend for a long time, the Board should have the discretion to remove the member. First suggested to be the same as Health Board; but, they meet quarterly. Moved that if member missed four consecutive meetings, they could be removed. Approved. LL to amend the bylaws.

Other Items:

Randy Turner (Aurora) was present and was asked the status of Mr. Calvert’s sewer line. RT said can get in pretty quick depending on weather.

The issue of the line at 350 was discussed. The 6“ line belongs to Aurora and is the bottleneck at 350. Since it extends into DCRSD area, should DCRSD take over and rebuild? or be retained by Aurora (Some Aurora personnel were on vacation and the discussion was discontinued).

For Phase I, more testing was needed. Need to know the flow from DCRSD. Meeting next week with GRW. Aurora is doing a 10” pipe and DCRSD may want a 12”. A holding tank is not desirable. IDEM may require pretreatment. The problem is HS (hydrogen sulfide) in sewage over long distances. Have had problems with HS build ups. RT was asked if increased flow would help? Not sure. Tried dosing at Aurora Casket, Industrial Park and Dutch Hollow. Could not identify the path (source?) of the odor. No apparent pattern. Some houses had to have trap added to keep odor from venting into house (Note: per Plumbing Code residential systems should vent to exterior to prevent odors from entering residence. Is there something wrong with the plumbing?).

How long till it is known if big enough? Aurora is looking at non _______ down to the highway (350?). There is enough oxygen or ?? so that there isn’t a problem at the bottom of the hill. The problem is at the top of the hill at the termination of the force main. Probably need a sealed sewer all the way.

Per TQ $25 - $30 per foot for ___ 6” to 8”. They can’t shut down the current line for work and don’t want holding. Could pump around.

(Comprehensive) Study to take 6 to 9 months. Should be completed in 2006. Will have more information.

RD wanted to reopen discussion of line up State Route 1 to Guilford. Don’t know the current status of the Tom Kent project. Guilford is approximately 2 miles further. Problems in Guilford and along SR 1. Not enough level land for septic.

DB questioned LL re: status of countywide sewer district. LL indicated she has the Commissioners’ meeting notes and will attach them to the letter to IDEM. She needs to notify IDEM (Lynne Newlon); but, IDEM needs to take no action. DCRSD has done all that is needed. (Apparently the countywide status of the District has been put in place without notice to the public and with no chance for public discussion. The item was not on the Commissioners’ Agenda and no public notice was given and no chance for real public comment. )

The VRUC Board meeting will be January 30, 2006 at Agner(?) Hall. MH attended the 12/27/05 meeting at Willies (He allegedly owns a lot in HVL). Doesn’t think VRUC issues will be resolved soon.

Robert Hrezo(?):

Robert Hrezo introduced himself. He is a Dearborn County resident and a PE in the State of Indiana. He has been doing work in Dearborn County for 30 years. Will provide a detailed list of accomplishments for next meeting. He has worked with IDEM extensively. Would like to work with DCRSD.


Summer(?) (lady taking notes for meetings) availability will end next month and will need to be replaced. She was asked if she could recommend someone. No recommendations currently.

Meeting adjourned.

Tuesday, January 03, 2006

3 January 2006 Dearborn County Commissioners Meeting Notes

3 January 2006 Dearborn County Commissioners Meeting Notes

Present: Benning, Chairperson, Fox, and Hughes
Pickens, Auditor, Ewbank, Att’y, and Messmore, Administrator.

Meetings now begin at 6 PM

Benning was reappointed as Chairperson.

County Officials reappointed included:
Bryan Messmore- Administrator
Bob Ewbank - Attorney
Todd Listerman – Transportation/Highway Engineer and Director
(Note that Listerman appoints Mike Davis now)
Don Townsend – Building Inspector
Margaret Minzner – GIS Specialist
Dr. Scudder – County Health Officer/Adm
Bill Ewbank- Veteran’s service officer
Jeff Smith- weights and Measures
Cheryl Lohmiller – Animal Control Director
Bill Black – Emergency Management
Charlie Ashley – 911 Director

Committee and Board Reappointments included:
OKI- Hughes and Jim West
SIRPC – Hughes
CVTB – Benning and Hedges
Redevelopment Commission– Benning
Plan Commission – Hughes and Mike Hall
Aurora Public Library - Hessler and Batchelor
Health Board – Dr. Hubbard and Don Rechtin
Hospital Board – Betty Bischoff
HHH- Dan Stroup (sp?)
Alcohol Beverage Board – Jim Dole
Park Board – Paul Bauer
Solid Waste – all 3 commissioners
Common Construction Wage – Benning

CASA- Doug Taylor and Nancy Weldon presented the annual budget, which was approved.

Messmore asked for Tish Linzy that July 1 be recognized as Dearborn County Patriotic Celebration of Independence Day so that she can start promoting it. Approved.

I asked about the BZA appointment (Deaton is up for reappointment and serves as chairman) They said they would handle that at their next meeting.
Meeting adjourned at 6:20 PM

Christine Brauer Mueller
Lawrenceburg Township