Thursday, June 30, 2011

Jail Size Is NOT The Problem.

States across the country are trying to cut budget deficits by reducing their prison populations, rewriting their criminal laws and, reconsidering who should be incarcerated. Meanwhile, our local government is planning a $12 million expansion of the Dearborn County Jail, which will carry with it an annual operating cost of $1.34 million when filled.[1] A jail expansion is not needed. There are alternative solutions to the “overcrowding” problem. These alternatives should be explored and more questions should be asked before the County embarks on a costly jail expansion.

One solution is changing how bonds are set. Persons charged with a crime are normally given a “bond”, an amount they can pay to be released from jail while their case is pending. Under Indiana law, the purposes of bond are to make certain the person charged shows up at future court dates and to protect the community from violent offenders. Judges have the power to set bonds. In most counties, bonds are set in cash or surety. A cash bond requires the total amount be paid in cash before the accused can get out of jail. A surety bond requires 10% of the amount be paid, generally to a bail bondsman. The bail bondsman guarantees the person’s appearance in court.

The vast majority of the time, our judges set bond in two parts, requiring both a cash bond AND a surety bond. One purpose of this practice is to collect court costs, fines, and probation fees up front. This has resulted in higher bonds for minor charges than in many counties. Many people arrested are unable to post bond and sit in jail pending the resolution of their case. A study
performed by RQAW, the company chosen to advise the county whether a new jail is needed, verified that 45 to 50% of people in our jail are being held pre-trial on misdemeanor charges.[2] Misdemeanors have a possible penalty of 1 year or less. Crimes such as first time OWI, first time possession of marijuana, disorderly conduct, underage drinking and battery without serious injury are misdemeanors. Many, if not most of these people do not pose a danger to the community nor pose a high risk of failing to appear on the scheduled court dates and therefore should not be held in jail while their case is pending.

The Dearborn County jail holds 216 people. According to the RQAW study, last year our average jail population was 258 inmates.[3] At least 116, or 45%, of those people were held on minor charges because they could not post bond. If even half of those people were released pre-trial on lower bonds, written promises to appear, or house arrest, the jail “overcrowding” problem would not exist.

In addition to setting more reasonable bonds, there are other simple, less expensive alternatives to the overcrowding problem. The American Bar Association in a report released earlier this year offered two proposals. First, more closely identify those persons pre-trial who are truly a risk to fail to appear in court or who are actually a danger to the community. Second, increase the use of alternative pre-trial detention tools, such as house arrest, to monitor persons while they await trial.

In addition to exploring these alternatives, the following questions should be answered before the debate is closed and Dearborn County forces the taxpayers to spend an additional $12 million and commits the taxpayers to cover the additional $1.34 million operating expenses each year after the jail is filled:

  • The RQAW study estimates when the new jail reaches 100% occupancy, it will require $1.34 million per year for administration and operating expenses. Where will that money come from?

  • How does the size of the Dearborn County jail compare to other counties in Indiana of similar population?

    • Dearborn County, population 50,502[4] , proposed jail size 440[5] beds

    • Boone County , population 56,287, jail size 221 beds[6]

    • Floyd County, population 74,426, jail size 234 beds[7]

    • Henry County, population 47,827, 130 beds[8]

    • Noble County, population 48,028, 259 beds[9]

  • Why does Dearborn County require more jail space than comparable counties?

  • Why is the average length of stay in Dearborn County jail 70% to 100% longer[10] than the average stay for other jails studied by RQAW?

  • Does Dearborn County use its community corrections (house arrest, work release, road crew) programs the same way other counties in Indiana do?

  • Could Dearborn County more effectively use its community corrections programs to eliminate the jail overcrowding problem?

  • What types of offenders can be released pre-trial without danger to the community?

  • How much of the new proposed jail is allocated for administration and office space for the sheriff's department? Can the sheriff’s department utilize existing office space or off-site county space?

A $12 million jail expansion will cost Dearborn County $237.61 per resident. The does not include operating costs of $1.34 million per year ($26.53 per year per resident). We have a responsibility to investigate all available alternatives and demand the County obtain all the answers before we commit to building a jail we really don’t need.

N. Alan Miller, III

Douglas A. Garner

[1] RQAW Report Executive Summary, page 9
[2] RQAW Report Appendix C, page 18
[3] RQAW Report Executive Summary, page 2
[4] County population estimates are from July 1, 2009. See:
[5] RQAW Report Executive Summary, page 5
[10] RQAW Report Appendix C, page 15


29 June 2011 Joint Dearborn County Council and Commissioners Meeting Notes

Present: Dennis Kraus. Sr., President, Dan Lansing, Jim Hughes, Liz Morris, Maynard Barrett, and Bill Ullrich.

ABSENT: Bryan Messmore

Commissioners Hughes and Orschell were also present.

ABSENT: Shane McHenry

Also present: Bill Ewbank, County Coordinator

Jeff Hughes said he’d called the meeting to get more information regarding the referendum. He had talked to the attorney from AIC (Association of Indiana Counties) and asked him to come. Collette of Umbaugh and Associates also presented financial information.

Collette: $15.5 million is the general obligation debt limit for the county.
The jail project is now at $11,260,000. The scenarios are similar to what they presented before- but the amount are different due to the decrease in cost.
They were to figure these without getting any property tax INCREASE for the project.
If borrow the full amount ($11million+)- requires $855,000 and $130,000 RR each year. The other scenarios require less tax revenue. Collette said we have a lot of options and financial flexibility.

Rick Hall, the Barnes and Thornburg attorney for AIC, then spoke. If you use riverboat revenue exclusively to pay the bond, you would have a property tax levy to back this up. The process takes about 60 days. The Council adopts and ordinance that approves the bonds, give public notice to get the lowest bidder.
IF property taxes are involved there are two separate processes.

If it’s less than $12miliion- and that is the TOTAL cost of the project, you have to file an additional remonstrance process.

Dan Lansing asked – what if it goes over the $12 million during the process. No answer.

The petition remonstrance process has a timeline. The Council announces they are going to issue bonds. Taxpayers – voters and property owners (at least 100) would have to file to have a petition process WITHIN 30 DAYS. If they succeed, there is a period where these petitions are circulated for EACH side of the question. Whoever has the most signatures wins. This could stop the process for one year. Then the county can try again if they want. This takes about 180 days and another 60 days to get bonds issued. If 100 voters don’t do this then the county proceeds with the project.

Over $12million is a referendum process. The county CAN require a referendum even if it’s under $12million. Council holds a public hearing and preliminarily decides to issue the bonds. This triggers a 30 day time period where 100 voters can ask for a referendum. If they don’t the county can move forward without the voters deciding.

If they do come forward, they are verified and it goes to the DLGF to approve what is on the ballot. It takes about 150 days. The first time that could possibly occur for us would be the primary election in 2012.

The first question is – do you want to levy property taxes and incur debt service?
Jim Hughes questioned the need to incarcerate all these people.

Bill Ullrich said there are a lot of different cases out there.

Maynard Barrett said the judges are doing their job and the sheriff is doing his job- our job is to provide the place for them to do this.

Jim Hughes said we are going to lose RR eventually- then what?

Dan Lansing- you are going to use RR to do this, then we don’t have it for the other things we use it for. Either way you end up raising taxes.

Bill Ullrich brought up the age old story about the potential of a lawsuit.

If that happened and it gets mandated by a federal judge, then you don’t have to comply with a referendum or remonstrance process. The judge decides the cost of the project.

Liz Morris said the staffing costs are neutral because of the new technology. She asked how the remonstrance process worked.

Rick Hall said there are DLGF prescribed forms and then people who are on each side use these forms. You have to have a coordinated system out there of people for this- you cannot use local officials to do this. The county clerk would be overseeing this.

If you get all the money up front- no referendum is required. If they pay it with RR only- that’s no referendum either.

What triggers referendum or remonstrance is if you incur debt and any part of it is payable with tax revenue. And in both cases there is a 30 day time window for a petition of 100 voters to be filed to require the remonstrance or the referendum.

Lansing said- new slate in L-bg- a new mayor and 4 new council people- wait and see what happens there. We may get some money.

Rick Hall said you can annually decide what you are going to use to pay the debt.

Per Kraus, Sr.; 2.2 million RR and 680,000 lost revenue last year.

We need broader tax base per Morris.

Jeff Hughes said there are some questions regarding the length of stay of people in the jail. They want to look into that some more.

Bill Ullrich- said that if we have extra room over there we can bring money into this county. Years ago we were housing federal prisoners and making money on them. $130,000 a year is being paid out to other counties to house people we don’t have room for.[NOTE: So are we opening up a jail business in the county at taxpayer expense?]

Jeff Hughes said if there were money to be made we’d see more private prisons.

Marion county has a privately owned jail. It has a deal with the county to take a certain number of inmates from Marion County.

Jim Hughes said jail shouldn’t be a cakewalk- we shouldn’t be operating a hotel for them.

Bond Counsel for jail project is about $50,000.

Meeting adjourned at 7:40 PM

Christine Brauer Mueller
Lawrenceburg Township

Tuesday, June 28, 2011

27 June 2011 Dearborn County Plan Commission Meeting Notes

27 June 2011 Dearborn County Plan Commission Meeting Notes

Present: Mike Hall, Chairman, Dennis Kraus Jr., Mark Lehman, Mike Hornbach, Dan Lansing, and Ken Nelson

ABSENT: Russell Beiersdorfer, Jeff Hughes, and Jake Hoog

Also Present: Mark McCormack, Plan Director, and Arnie McGill, Attorney.

Tim and Shari Richter are requesting a one year extension for the primary plat approval of Georgetown Acres Section 3. They are still trying to work out something with the new sewer plan that VRUC is doing and they have consulted with Greendale. Greendale is going to wait until they see what VRUC does with its improvements per the owner. They asked for a two year extension if possible. No public spoke. Nelson moved to grant the 2 year extension, with the requirement that the sub’n must comply with the fees and standards that are in place at the time that they move forward with the application. Could not catch who seconded. Approved with all ayes.


Vacate a portion of Happy Hollow Road- applicant Rob Seig and Owner David Lykins’Jackson and York Townships on 5.169 acres of Ag zoned land. Jeff Stenger was surveyor for the Engels. His survey showed there is 2.49 ft of frontage of Engels on this road. Board asked for only new information to be presented on this item.

Stenger of JDJ surveying and engineering represents the Engels– said that he apologized for not having this resolved by this meeting, They have pro-forma surveys because there are more boundary issues. The numbers are accurate and will be on the final retracement survey. The boundary summary is the overall view of john and Barb Engel and also Greg Engel. There are differences in the N-S line. This line goes 5.27 feet further than Seigs’s survey. There is a slight curvature of the road where this meets and this results in the extra road frontage. There’s a lot of other evidence out there that shows where that line really is. Stenger showed the historical divisions of the original section 5 land from the original owner (Angevine) Engel was the first divisions and so they have senior rights. The court ordered divisions of some of the last parcels shows the original 45 chains length of the Engel’s lines and the Lykins lines. These lines were converted to a quarter section – Stenger believes incorrectly- and so there is overlap. Lykins’s 20 acre tract is senior to Engels 30 acre piece. The 40 acre piece then has senior rights and the full line to the road and 2.49 ft of frontage on Happy Hollow Road. He said based on this he recommends an UNFAVORABLE recommendation to vacate Happy Hollow Road.

Seig representing Lykins- said that prescriptive easement is when a person is using a road openly for 20 years or more for an access. He said Stenger’s survey is a pro-forma survey and they have been trying to negotiate a settlement and that has not happened. He agrees with the section lines. The junior senior rites show Engel’s 40 acres, then Lykins’s 20, then Engel’s 30. When he did the original survey he did set a pin on that road area. It was within about 2 ft of the old one set by Fishvogt, a surveyor for Engels, in 1970s. We weren’t charged to survey the road at that time. He took a 2nd look recently on the north south line and this closely matches the line he has surveyed. He said if you get another surveyor out there you will get another answer. He said Mr. was paid to get frontage and his survey shows this touches the road. Again another surveyor might get another answer. He tried to duplicate Stenger’s line and he had roughly an 8 inches variance on where it touches the line. Seig apologized for them not getting things worked out before meeting here. He says there is not enough frontage for vehicle access- needs 50 ft and so he wants a FAVORABLE recommendation to vacate.


John Engel- Sept 1949 was when his grandpa bought this. The first surveyor to come out there was Roger Woodfill. Even though lots were already sold. He has lived there 60 years and that road has moved. But how can you prove that? That road is the only access to that piece. In 1962 these roads were shown plainly when his uncle owned this.

Arnie McGill said we’re hearing a lot of evidence and we are not going to make the decision. I would send it to the Commissioners with NO recommendation as there is conflicting evidence without sworn evidence.

Engle then said-that he was new at this and that he should be addressing the board. He said that the county was going to put a turnaround back there- and then all hell broke loose and here we are.

Greg Engel- there is access established and whether I walk it or drive to it- I have access. Maintenance work hasn’t been done by the county and with the gate there- that’s how the roads move. Work has done back there without the county’s knowledge. Creech had bulldozers etc. Would you keep that open so I have access for hunting at least?

Seig- said that there was meaningful access to that 30 acres with previous old roadways. To the east there is one strip of ground that goes over to Ester Ridge and that may be their means of access to that 30 acre parcel. I don’t know the history. I did my survey specific to the property. We have established junior-senior rights. Noah Creech has received evidence that the road was moved further east and further away from them previously. The 2 sons of Noah would be able to state that if contacted.

Aaron Caudell ( sp?) Engel’s son-in-law- asked just how much is needed as frontage to keep it open. Hall said that is up to the commissioners.

Seig asked if the county surveyor would weigh in. Kraus, Jr. immediately said- said absolutely not- only a judge could settle this between two surveys.

End Public Discussion

Nelson moved to pass this with NO Recommendation to the Commissioners because there is a discrepancy with the surveys. Lehman seconded. Board approved the NO Recommendation.


OKI Water Quality Maps: Draft facility planning area map for water quality and sewers will be changed so that will determine where some of our developments go.

August 18th Wed- will be a planning training session. The rates will be at a good rate if we get enough people here for it. KK Gerhart Fritz- will be giving the 2 hour workshop- starts at 7 PM.

$58,500- for comp fire and emerg services grant was awarded.

$7,000 plus grant was awarded for a speed monitor like on US 50.

Meeting adjourned at 8:20 PM

Christine Brauer Mueller
Lawrenceburg Township

Wednesday, June 22, 2011


ORDINANCE 2011-008


An Ordinance to establish the rules regarding the Dearborn County government website:

WHEREAS, Dearborn County, Indiana maintains a website on the World Wide Web
with the address of; and

WHEREAS, this website is intended to be a resource for the citizens of Dearborn County
and assist in efficient service to our citizens; and

WHEREAS, the Board of Commissioners believe it to be in the best interest of Dearborn
County that this website not convey any suspicion of favoritism and/or bias by providing links to
private businesses and/or organizations; and

WHEREAS, the Board of Commissioners believe, in the interest of not conveying any
suspicion of favoritism and/or bias, that the county website include matter that is strictly related
to government services that may be helpful to the citizens of Dearborn County.

THEREFORE, BE IT ORDAINED that upon enactment of this ordinance, the Dearborn
County government website, located at, shall only contain links
to government services and resources and shall no longer contain any links to outside websites
belonging to private businesses and/or organizations. This ordinance shall be reviewed as the
Board of Commissioners see fit and shall be amended, in writing, by vote of the Board of

ALL OF WHICH IS ORDAINED by the Board of Commissioners of Dearborn County,Indiana this the 21st day of June, 2011.

Tuesday, June 21, 2011

21 June 2011 Dearborn County Commissioner Meeting Notes

21 June 2011 Dearborn County Commissioners Meeting Notes

Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and Andy Baudendistel, Attorney.


Private Real Property Rights Preservation Ordinance- tabled at Hughes request

Animal Control/PAWS Contract-Bill Ewbank presented the final draft of the contract and the funds were appropriated to meet the county’s obligations. The board will have several public members and there is a reduction to 180 days severance clause and liability insurance of $1 million. Start date is July- we may need to be amended to Sept 1st for occupancy. They asked Liz Morris who was in the audience if Council was OK with it. She affirmed. Commissioners approved and signed the contract with the amended start date of Sept 1st.

Nolte Road Right of Way- Andy Baudendistel had the ordinance prepared and it will take place 30 days after approval and will be recorded. It was based on Kraus’s survey description. Commissioners approved.

Interlocal Agreement and Resolution with the City of Lawrenceburg- Baudendistel presented this with regard to Shumway Building 232 West High Street. This transfers the building to the County and affirms that it will be for public use. Commissioners approved both the resolution and the interlocal agreement.

Website Ordinance- Baudendistel read the ordinance. The County website is intended as a resource for the citizens and removes links to private businesses or websites to avoid any appearance of favoritism or bias. Commissioners approved the ordinance. Hughes asked about the website IT company and the Wyly Brothers. Ewbank said they are setting up meetings with dept heads to get material online.

GIS demonstration- Andrew Harrison from Schneider Company did a brief overview of the GIS site. It is now open to the public. All is available through the internet without the need for special home software. The info is updated nightly. It links to recorders and assessor and auditor’s offices. You can create mailing labels for properties within a certain distance of a property for example. There is redistricting information and you can see who your representatives are. They have Commissioners, Council , Congressional Districts etc. voting precincts can also be found on the site. Google map intersections etc are also on this site. Searching is through the tax records. They also have the 911 address records. Measurements of distance can also be done. This information is also printed as a pdf file. Exact property lines are not on these maps. Exempt and non-exempt parcels are shown on this. (for example the homestead exemption) This is accessible as a LINK from the county’s website. Tomorrow ( Wednesday) at 1 at aurora Library and 4 at Lawrenceburg Library – there will be demos for the public.


RQAW- Revised Jail Expansion Project-Mark Van Allen presented- predesign was presented to Council in May. Council indicated they weren’t ready to fund a project of this size. They went back to see if there was something they could do to mitigate the crowding problem. Hughes was not happy with the referendum being circumvented essentially by getting a new design that is under $12 million. Because of the diverse nature of the jail population empty beds are needed in each type of population block. RQAW now broke the project into 2 projects. Work release is separate now. They propose a two story instead of three story building addition. The county can still expand to the west. Work release beds could go into the marine storage facility adjoining this building at some point. Hughes said he’s had a lot of questions asked to him. He asked about the $134 million cost to house all these prisoners. He asked about the total number of beds we need and why it’s so high here by comparison. RQAW response is different counties – different demographics- different prosecutors etc. Hughes said we need to look at this – even the governor looked at this with sentencing reform. It adds 5 members to staff to get to 416 beds total in the old plans. Hughes asked about food service prep and costs to bring it in vs prepare onsite. Bottom line- eliminating one floor and work release addition. There is room for work release- but not out 20 years and there will be another project there. Work release can be constructed as a residential facility which is cheaper if it is separated. An elevator and staircase are eliminated. Demolition of adjacent buildings cost is out now. The $200,000 for vehicular sally port is a separate cost on this plan now too. Soft cost breakdown is also included. Mark anticipates that Umbaugh and assoc will tweak those numbers a bit when they come back. McHenry noted that the numbers for 2011 were better except for May with a big party that resulted in arrests. McHenry asked Dave Hall- jail commander- if 1 sergeant per 4 is needed, he said yes. He also asked about LEED certified projects. Mark said they try to be as green as possible without costing excess money. Looking at solar water heating, led lighting, etc. – things with a relatively quick payback. Often there is initial capital, but the overhead goes down. Food wastes- recycling are also considered. Shane McHenry asked if someone had come to him to get this below referendum costs. Mark said no- that they were asked if they could get something viable and cost effective for the county. Hughes asked if they had some people who had independently looked over the plans. Ewbank said yes- but not this new one. They had concurred with RQAW on the $15 million version. Barrett and Morris and Jim Hughes were in the audience and it was not a referendum VOTE at the council- it was more of a straw poll in May. Orschell wants to take 2 weeks to review and then meet again. The referendum vote would not be appropriate until the Commissioners decide on a plan. Barrett agreed that they should have voted to get money to get the next step of the plan done. Commissioners will take this under review.

RQAW Hoosier Square Completion Contract- Bill Ewbank said there is an existing plan in place for Hoosier square and remodeling of Courthouse and Adm Bldg. Council has approved money for Phase 1 of this. That will remodel EMA Bldg section for records storage and Hoosier Square. Next year will be the Courthouse and Adm Bldg. Total cost will be between $50-67,000 for the schematics, design development, and construction documents. He recommends that we go ahead with the completion of the entire program for the 3 buildings. This eliminates 2 of the bidding phases. McHenry asked what we’d already paid RQAW- Ewbank said that was the pre-design fees. The City of Lawrenceburg’s Bldg dept has agreed to waive their fees on this project for inspections. They will control soft costs- do a lot of move in house and not buy much new furniture. McHenry wanted to be sure that Counci was going to fund that. He also said something was going to have to be done with superior Court 2- as that is not a good situation. Ewbank stressed that they will fund the project in 2 phases- part for 20112 and part for 2012. Barrett said Council was OK with this- numbers seem solid. Commissioners decided to move forward with the RQAW proposal contract for $50,000 for the Hoosier Square and Courthouse projects.

US Office Supplies Presentation- program that is available to all counties via AIC. John Hopscatch ( sp?) from Broz’s Office Plus they buy in a cooperative. Headquartered in Indiana- one of the largest in the world. They can compete with big box process because of this. There is no contract for signing- they need permission to present to all their dept’s. As independent office products. Pricing is deeply discounted because we share the same prices as huge companies. Price includes all freight etc. they are delivered the next day. Indy, Columbus or Louisville are the warehousing sites. Broz ‘s job is to make sure that counties know about this savings. Rather than buy local big box- they should compare the prices first. They support buying local- but also buying smart. Commissioners want time to look this over.

Thank You Letter for DC Foundation-Bill Ewbank – for Fire and EMS study grant of $58,500 and for $7790 for HWY Dept for Light flasher speed limit trailer. The study includes a survey. Commissioners signed the letter.

Bill Black EMA District Administrator Contract- this is the final contract for a $50,000grant that we administrate form June 1. In the future Switzerland County will take over as administrator for grants. Commissioners signed off on this grant. McHenry commended Bill and all the EMA staff and mobile command center with the help with the tragedy of the little child in Aurora.

HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer- gave a report:
1.Dearborn County received the additional $1million for the Collier Ridge Bridge 55 and alignment. No2w there is $2million total on that project.

2.Cook Road washed out with recent rains and so it qualifies for $750,000 and we have to come up with 20% which is $150,000 for a permanent fix for this. This can be done thru labor or stone provisions as well rather than money. We can do a lesser fix at half that cost- but no guarantee it won’t fail again. The road will be back as gravel. There are 8 homes, 18 residents and only one way in or out. Commissioners are going to go out and look at it. McHenry said we should take advantage of the funds we are getting here- it’s going to keep happening. We need to do this now. Ewbank reminded them that this can be partially in in-kind services- not all cash. Tim Grieve also talked about how this money is for NEW slips and problems only. They will be getting into the creek to shore that up. Cook Road washes out twice a year at least. Commissioners will look at it prior to next meeting. If there is a time issue on the money availability- they will set up a special meeting. Coucil has a pool of money for these types of issues.

3.Reallignment of North Dearborn Road project- they have secured 3out of 4 owners. Rinehardt wants to go to court over a25ft by 25 ft parcel. It is 0.012 acre needed to protect the end of the pipe. It’s been appraised and he’s benn made an offer and a counter offer. He still wants to go to court. $2.8 million federal in this and about $500,000 in county money. Motioned to table until Jeff Hughes cold talk to Reinhardt- as he knows him. Commissioners are reticent to condemn land.

4.Bridge 34 on Short Ridge Road can proceed as soon as Orschell and Listerman can come to agreement with Irwin on the price for his ROW. They had 2 appraisals.

5.County highway lost an employee due to cancer and our crew leader. The new leader at Randall Ave. is Blake Hamilton, who was promoted from within the ranks. They need to go to Council to seek to fill 4 vacant worker positions that occurred in the last 8 months. These are already funded, but they need to get Council approval to fill. Hughes asked Grieve to justify it. Grieve said if we want to keep up our service level we need this. Commissioners agreed as long as Council is OK with it.

6.Grieve looked at costs to privatize mowing. Mowing $60,000 per time. We do it twice a year so $120,000. Presently we do it with two people at $35,000. The county’s cost is $65-70,000 a year. It’s cheaper to do within.

AUDITOR: Gayle Pennington- claims approved. Some claims not approved as Hughes and McHenry hadn’t looked at them yet. Motioned to accept claims once reviewed by Hughes and McHenry. No minutes ready for approval.

ATTORNEY: Andy Baudendistel- working with Bill Shelton Building Inspector and typed up new resolutions for the local towns substituting his name as current inspector.

He also had a letter for Frick and Associates as requested to be mailed to them. They are lobbyists. This will terminated their agreement with the county.

COUNTY COORDINATOR: Bill Ewbank- Ratify Lifetime Housing rehab and extension letters- we are the delegate for IHA- using fed money to rehabilitate a house. Approved. Also approved another extension to complete a project on 7 homes for Owner Occupied rehab project. Approved.

Ratify memorandum of agreement with DC Health dept- this authorizes the county to provide facilities to them in an emergency. Approved. Hughes asked if the NIMS certification is still in effect. Ewbank to check.

Ewbank wants to send a letter to agencies to be sure they do not pop in last minute for signatures. Approved.

Record’s archive in EMA building- $51,000 or $35,060 quote for shelves. Approved Cardinal Office quote of $35,060.

*******Special meeting in Commissioners room with Council and Commissioners on Wednesday June 29 at 6:30 PM to hear rules of referendum and Umbaugh’s financial models. McHenry may not make it- trying to get rearranged. Council is the group that decides on referendum or not. Rick Hall from AIC will also be there as attorney.

Hughes asked if we can put the budget requests online. Ewbank said yes- Gayle gets them and they will put a link online for them.


LATE ARRIVAL INFORMATION- Baudendistel presented - Arnie McGill informed him that a 7 year old suit has been settled with Plan Commission and the County with Eugene McDonald. This was in relationship to ROW on Willoughby Road for a cul-de sac.
Baudendistal asked and Commissioners voted to allow for signature on warranty deed for Shumway Property.


Meeting adjourned at 11:20 AM

Christine Brauer Mueller
Lawrenceburg Township

Friday, June 17, 2011

Agenda for June 21st Commissioners Meeting

June 21, 2011
9:00 a.m.
City of Lawrenceburg
Administration Building
230 Walnut Street, Lawrenceburg, Indiana



1. Private Real Property Rights Preservation Ordinance
2. Animal Control / PAWS contract
3. Nolte Road - Right-of-Way
4. Interlocal Agreement and Resolution with the City of Lawrenceburg
5. Website Ordinance
5. GIS Demonstration

1. Revised Jail Expansion Project
2. Hoosier Square Completion Contract
2. US Office Supplies – Presentation
3. Thank you letter to DC Foundation
4. Bill Black, EMA – District Administrator Contract


VI. AUDITOR – Gayle Pennington
1. Claims/Minutes

VII. ATTORNEY - Andy Baudendistel

1. Ratify Memorandum of Agreement – DC Health Dept
2. Ratify Life Time Housing rehabilitation and extension letters





Wednesday, June 08, 2011

7 June 2011 Dearborn county Commissioner Meeting Notes

7 June 2011 Dearborn County Commissioners Meeting Notes

Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and Andy Baudendistel, Attorney.

Hughes asked for moment of silence for Mr. Pickett who passed away. He worked in the highway dept.


Marty Hon- said he lives outside Dillsboro- doesn't want to give too much information on himself- and passed out information to the Commissioner. Hughes and he have been talking for over a year and Hughes has been beating him up over getting a quality product. All this is – is a steel bridge and a new pier. There is no realignment etc in this. He has 2 contractors and their prices. He proposes having our bridge crew do it. He says Jim Brickner has built a lot of bridges and they are still standing. He says the pier might cost $30,000. It all has to be bid out- regardless of which direction you go. He thinks that Council can look at this. He knows there will be a little bit of work down there- add guardrails and chevron signs. I never mentioned this before- I kept it close to the vest until it was time to get right down to it.
Orschell said he didn’t see any engineering costs there. Hon said it was included. Our bridge is $264,000. Because the contractors cost a fair amount, he thinks the bridge crew would be better option. He’s not going to get into the curves and all that- because he doesn’t do all that. Hughes said- someone has to engineer the pier. McHenry said- you think our guys can do this? Hon said- I KNOW that Brickner can do this. I learned a lot from him and Larry (Smith) in my years here.
Kraus said- he wants only one option- and we fund it or we don’t. Hughes asked Orschell what he thought. Orschell said we spent $22,000 for a study on this bridge. American Structurepoint gave us 3 alternatives and the one that puts it back here is substandard. I think we owe it to the county to follow our expert’s opinions that we paid for. McHenry added that it would be substandard. Hughes said there are a lot of roads that are substandard. This goes to Bonnell. Cars get bigger. They thanked Hon for his presentation.
Cathy Albert- Murphy Creek Lane off Collier Ridge. She apologized for the neighbors not being there- as they were pretty tired of coming to meetings for nothing. She asked if someone had been interested in the bridge. Mike from Structurepoint said someone had called but had not called back- and the bridge is listed on the county website if someone wants it. She talked to all Council members except Jim Hughes in the last 2 weeks. They were patient and open- minded. She agrees with Orschell’s comment about consultants. She said if you get 5 consultants you’d get 3 different opinions. She wants to get someone who won’t necessarily be bidding on this bridge for a comparison. She also went on asking Hon about costs included- like demolition- which isn’t in his bid. She talked to Jim Barker again today. He’s done historic bridges for 35 years. She said he’s done Pribble Bridge. (Not historic) She wants Barker to come down and do the objective comparison. The county requested $2.7 million. Our share is $400,000. She thinks 20% is $600,000. She requests they look at this as a possibility before deciding. This other version won’t take some farm property from a resident. Competition needs to be done. She assured Mart Hon there was nothing against him- but she wants a detailed alternative. Barker’s fee would be $1600. The residents won’t pay for this- they already paid for a pier study. The county would have to pay for it.
Orschell said she wants to have it built where it is. He said that SUBSTANDARD stands out- because of the alignment. Albert said that she’d give them Barker’s number. Barker said for her to tell the commissioners that lawsuits have not been filed on these bridges. Orschell said he talked to Barker a year ago- and Barker was very concerned about the alignment on that bridge. Albert said that’s not what she understood. Orschell read to her the insurance company’s statement- Nate Peterman- the county’s carrier. It showed that it would not be the thing to do- it increased risks. Orschell said- when you have the opportunity to fix something and make it right- you do that. We don’t have the money to fix anything. But when we do have it we should take that. It’s the commissioner’s job to do this.
Albert went on and on about how long it will take this way. And said that was their issue all along. What happens when an act of God closes that road down? `
Dennis Kraus Sir – Pres of Council- he has talked to Council after hearing from Ms Albert. He said that four others said that they would not fund anything substandard. Albert said- that why go further- if Council made the decision? Kraus said- there was no meeting- so there was no council decision.
Orschell said Alignment C impacts too many property owners. D is substandard, and I keep tripping over that one word. It has to be cost effective and best safest option. I respect that this decision is emotional for some residents. He wants B-2 as his alternative. Baudendistel gave the legal opinion on Orschell’s request as to why C and B-2 were possible as they were not substandard. They fit rural collector roads. He said the county needs to protect itself from future liability issues. Hon questioned if the board of commissioners requested Baudendistel’s letter. Answer was that it Orschell.
Listerman gave opinion at Commissioner’s request. He said we are restricted to $100,000 to do county project and not bid it. This includes all the materials etc. If we were to do Hon’s bridge it goes over the $100,000 limit. We do maintenance work activities- but not things like this. All our projects are under $100,000.
Hughes went on about money etc. McHenry said substandard and liability issues made up his mind. He said he understands their aggravation and he appreciates Hon helping with an alternative. He understands the emotion of it. Albert said it’s not emotional- it’s frustrating. McHenry said that was an emotion. Hughes was worried about property being taken. Albert said no one had talked to the property owners. Listerman said that Mr. Cain understood that the alignment would take the house. Albert said that he didn’t want his property taken.

Orschell motioned and McHenry 2nd to proceed with Option B-2 and American Structurepoint. Passed. Orschell also said he appreciated the frustration and also said he appreciated Ms Albert’s time and input. She thanked him for saying that.


1. Private Real Property Rights Preservation ordinance- tabled. Hughes hadn’t talked to McCormack yet.

2. Animal Control PAWS Contract- attorney revising their contract. Council will fund it thru the balance of 2011. No action.

3. Nolte Road ROW- Dennis Kraus, Sr. presented the plans. His son was on vacation this week- so he was covering. This is the public hearing on this and it has been advertised per Baudendistel. Matt McLeod- one of landowners- non –resident. Also his friend and non- resident landowner- Bob Hader. There are 5 owners. The land is rough. The road is named after Mr. Nolte. Built in 1865 proceeds from Bells Branch. It was more or less a creek bed. Hasn’t been maintained since about 1969. We have gated and provided keys to people who use that road. All the other landowners are non- residents, except for Grays on the corner. Are you opening the road to public access? Do we have to remove the gates? The Larson estate has access. But we don’t want it open to the public. Larsons just want to provide assurances to potential buyer that they have access. Listerman gave the background and said this will assure that all parcels have frontage on a ROW- they are not land-locked. Tabled until Baudendistel prepares the ordinance for the approval of an apparent ROW for Nolte Rd.

4. Bill Black EMA- grant signatures- annual for half of their salaries for 2010 to be reimbursed. Approximately $39,129. Approved and signed.
He is still working on district administrator grant. State has some more requirements and management of that grant will be over in the year.
If you see something- say something- a new state program.
They have 50 weather alert radios for people who need them. They are available at the office.


HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer- wanted Chapel Thorne 0.17 and Canterbury Court for 0.16 miles accepted off Yorkridge. Approved.

Bridge off Ester Ridge- less than half acre needed. Low price consultant $25,305 for United Consultants. He will get contract for Baudendistel to review. OK to draw up contract.

Received a $7790 grant from Lawrenceburg Foundation for radar speed trailer with flashing speed warning. This can be used by the police. It was written by Todd and Ron Barnhardt of Planning and Zoning. He said Ron gets most of the credit.

At INDOT today Listerman presented for additional funding for Collier Ridge Bridge. And Council has funded the match. They said our schedule is for April 2013 letting. They gave positive comments on this.

AUDITOR: Gayle Pennington- minutes approved for Apr 14th. Claims approved. Claim still held for Sidwell- will be covered under Ewbank.

ATTORNEY: Andy Baudendistel- clarified the sick leave donation policy. It’s just a memorandum to clarify- it is not changing the policy. Commissioners approved the memorandum and signed it.

Baudendistel gave them ordinances on the government website and an interlocal agreement with Lawrenceburg on the Shumway Building that will be ready for next meeting.


IT Alternatives report- we have 2 vendors for maintenance purposes and wanted more time to research this further. He will have it done before Oct 1st. Orschell joked- what year?

Letter of engagement with Umbaugh- so that they can get safe but improved rates. $5,000 covers this till the end of the year. They anticipate this will pay for itself by the higher interest rate. Even 1% gets $150,000 more. Commissioners approved.

Dearborn Foundation approved- $58,500 for Dearborn County comprehensive Fire and emergency Services Study. Dr Eric Kelley of Ball State for James Duncan and Associates, Inc. will be doing the study for this amount of money. Approved. Planning and Zoning staff- Ashley Newnam and Mark McCormack prepared the grant.

Margaret Minzner presented materials for Sidwell’s last remaining invoice on the GIS work. They eliminated 2 parts of the contract that they didn’t need and were not delivered. $7,806 is due. It was direct deposited to Sidwell’s account. Joyce West is the GIS account manager.She spoke: There was significant work for the farmland assessment layer- and you have deleted it all. What were billed to date were actual services performed and delivered. There should be no deductions for the $12,000+ bill that you have withheld since April 2010. We have not charged interest for this being held. There was discussion on travel expenses, training etc. Pennington was going to discuss some of this with Baudendistel as she wasn’t sure some of these are in the contract. West said that invoices for travel have to be done afterwards as those expenses aren’t predicable. She hopes to be paid for all the work they have done and delivered to Dearborn County. She hopes this database serves us well and we add to this as we grow. She noted that we could have used this at several points in tonight’s meeting.

Orschell said good employees don’t get paid for unused sick days- seems like we are penalizing them. He wants to look into that a bit.

McHenry wants Baudendistel to draft a letter to Frick and Assoc lobbyists to put an end to that. OK’d to draft letter.

McHenry complimented highway dept and staff.

Bond Counsel- Hughes wants to have someone come in and look at this option. They need an answer on the referendum issue. He talked to the lawyer for IN assoc of counties- Rick hall of barnes and Thornburgh. If it’s over $12 million you have to go to referendum. It has to go to Council too. Bill Ewbank to set this up.

LATE ARRIVAL INFORMATION- Minzner reported that at the next Commissioners meeting she will demo the GIS website for people to see. They will have some upcoming workshops too.


Meeting adjourned at 8:20 PM

Christine Brauer Mueller
Lawrenceburg Township

Thursday, June 02, 2011

Agenda for June 7th Commissioners Meeting

June 7, 2011
6:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana




1. Private Real Property Rights Preservation Ordinance
2. Animal Control / PAWS contract
3. Nolte Road - Right-of-Way
4. Bill Black, EMA - Grant Signatures



VII. AUDITOR – Gayle Pennington
1. Claims/Minutes

VIII. ATTORNEY - Andy Baudendistel

1. IT Alternatives Report