Tuesday, February 07, 2012

7 February 2012 Dearborn County Commissioners Meeting Notes

7 February 2012 Dearborn County Commissioners Meeting Notes

Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Bill Ewbank, Acting County Administrator, and Andy Baudendistel, Attorney.

ABSENT: Gayle Pennington, Auditor (Connie Fromhold took minutes for Pennington)


Discuss executive session held January 17, 2012- Commissioners denied the Med Ben Appeal.

Private Real Property Rights Preservation Ordinance freedom for Options Form- Hughes asked for an up or down vote on this. He guessed it would be a denial. He wanted to do that so he could approach it from another angle later. He may break it into 2 parts- zoning and compensation. This will allow him to take it off the website. Hughes motioned to accept it and no one would 2nd. Orschell said- sorry I can’t 2nd it. Shane McHenry said he had some points he understood where he was coming from. Failed for lack of 2nd. Not passed.[NOTE: Finally this will come off the front page of the county site. this couldn't be helping the county attract business.]

Appointments- BZA – Orschell nominated Phil Darling- he has his resume and he has attended county meetings for years. McHenry met with Phil and hadn’t met with Linkmeyer. He said he would second Phil as he was confident that he would do a good job. Phil Darling was approved. Hughes voted nay as he had proposed Linkmeyer and felt he should support that- he said it was no reflection on Darling.

County Farm was tabled at Earl Dawson’s suggestion delivered via Orschell. There is an account with money that has to be dealt with.

Planning and Zoning- Proposed amendments to Article 2 Section 200, Article 3, Section 300,325,330,355, and Article 25, Section 2570 of the Zoning ordinance and proposed amendments to Article 3 section 305R and Appendix A of the Subdivision Control Ordinance. McCormack went over the details. Alternates for members of the zoning board and membership qualifications have changed due to state law. They also discussed written commitments for zoning approvals. Cemetery requirements were changed as a result of Art Wenzel’s research to be consistent with state regulations. The ADA compliance rules required changes as well regarding sidewalk access for disabled persons. They will probably be looking at whether or not they will be requiring sidewalks in some of the same circumstances or if that will change in the future due to all these requirements. We have had 15 years to get in compliance with these laws- now the feds are using federal funding as the carrot to get these done. There was no public discussion when the commissioners opened it for the public. All were approved. Hughes voted Nay on the ADA compliance one- section 305R and appendix A.

Food bids for jail- all were approved
for flexibility. Commissioners thought they’d done this last meeting. US Foods and Ellenbee Leggett were the only two bids received.


Ratify Signature for Prosecutor’s Annual Certification Report- Commissioners ratified Hughes’s signature.

Suellen Cauble- Human resources- Med Ben Info – they did a new plan summary document to reflect all the amendments made over the last few years. Approved.

Request to have County Administrator’s Job description adopted was approved. Suellen said they blended the old administrator position and the coordinator position descriptions.

Discuss Interviewing Project Managers for Jail Project- Bill Ewbank brought them up to date on the $9.3 million project. Council approved it but would not decide on financing until they had a firm budget. They wanted the commissioners to get that. The commissioners have no funds to do some of the construction manager etc. He recommends $72,000 to conduct necessary soil testing and additional funds for financial analysis and retain a construction management firm to get a firm budget number. Orschell said we are at a point where we need to get a construction manager to move forward. McHenry agreed and said we need to do this to move forward. Orschell said we need to get talented people on board to give us some good advice. Criminal Justice community is getting information together for Ewbank. McHenry motioned and Orschell seconded to have Ewbank approach council for this funding for the construction manager and soil testing. Hughes voted Nay- approved.

New Appointment for Convention Visitor and Tourism Commission- Ian Abdon has left Hollywood and Debbie Walter from Hollywood was approved to replace him.

Commissioner Appointment for PAWS Advisory Board- Orschell was appointed. McHenry said he’d attend whenever Tom had a meeting conflict.

HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer:

$5666.66 was reimbursed- for fed highway administration and Mt Pleasant slip. (Tim Grieve has worked to get these funds and the North Hogan one)

INDOT agreement for North Hogan repair from fed highway funds $ 17,750.46- signed.
Change order 6 for George St Bridge to fix sidewalk and railing for ADA compliance- $2974.79. We only pay 20% of this number.

Moving the North Dearborn road project has been moved up to start this summer. There is an agreement to move utilities for 20% of $17,013.50 with REMC. Approved and signed.

Agreement with Tri Township to move water line $109,500 for North Dearborn project. (20% of this)

Highway Construction inspection on North Dearborn project to be done by Doug Graf of Howard Barth and Associates. He lives 4 miles from the site. Hughes questioned as to who else was in the county who could have done this. He knew of someone in HVL. Doug Graf is the son of John Graf who designed work on Triple Whipple Bridge for free. $366,464.59 will be the cost of the inspection. (We owe 20% of this.)
Bridge inspections have to be done every two years. United Consulting completed their report on this for 2011. Contracts on this work are also 80/20 with federal highway money.

Trying to acquire ROW for Short Ridge Road Bridge. This is the worst bridge in the county. Mr. Irwin is still holding out on the ROW. Appraisals were done. The next step is court to get appraisals approved for .693 acres of ROW and .415 temporary ROW. Irwin’s number is twice the county’s appraisals. Orschell wanted to talk to him to give it one last effort to avoid court. There is an old school house by this and he wants to put a memorial there someday and is worried about affecting the foundation. The ROW is near that area. Irwin does agree that the bridge needs to be replaced. If condemnation occurs then the court decides per Baudendistel. Orschell will meet with him – the others may go with him. Baudendistel is also willing to go. 250 vehicles per day cross that bridge.

Highway Administration requires a certain amount of reflectivity on our signs. We have come up with a system to replace these. The policy is to replace them within 10 and 12 years. Our signs last 12-14 years. We are annually replace 9-10% annually to achieve the goal. Interns are doing the sign inventory this summer. This will benefit our aging population with night time driving.

Tim Grieve and Listerman told Commissioners that SBOA is requiring them to cut $133,000 from their preciously approved budget. They want to transfer funds and requested to go to council for this. These funds were equipment and utilities etc. This was cut because projected MVHA is not what we thought it would be. Gas tax is not getting it done. The funds have not really increased in the last 10 years. Approved to go to Council.

Tim Grieve presented a new slip on Dover Hill on North Dearborn Road. There is an expert in town for the Stateline project who will look at it and give us some recommendations. The whole area is steep and it is slipping in several places. This project does not qualify for federal dollars. They hope to pin and catch it before they lose the road. This would reduce costs. They will seek money – this is a major collector in the county.

AUDITOR: Connie Fromhold presented for Pennington- $40,000 for 2 EMS units for Aurora approved and contract signed.
Lewes and Kappes lobbying group contract and interlocal agreement was signed. Cities and towns share this expense. Minutes and claims approved.

Margaret Minzner GIS updated the info on the Beacon site numbers which are increasing. Orthophotography is being done this year. She will tell them when that flight is happening. Dispatch maps for 911 are going well. They are looking into automatic vehicle ID for the sheriff’s office. Working together with other units could gain an economy of scale. I-pads are being used in some departments. Voting precinct layers are available too.

ATTORNEY: Andy Baudendistel- notice of a federal suit with training of canine units that were trained at this particular facilities. No money sought- just trying to get the canines trained there to not be used as they allege improper training. Baudendistel has a conflict of interest on the case as he has clients with the canine unit as part of the case. Canine sniffs of the cars during routine traffic stops are to stop. McHenry said our dog is out of service now as he’s retired. If we request assistance form Aurora that would be a problem. Greendale and Lawrenceburg are not named in this suit. Terre Haute is trying to combine info on this. Bill Ewbank will contact them.

COUNTY COORDINATOR: Bill Ewbank- Hoosier Square Change order- This was for $4,875 for pumping in the back parking lot as water stands there after heavy rains. Approved the change order.
Barnes and Thornburg Contract Renewal- for $5,000 per month. This is a month to month for an indefinite period of time. McHenry is very satisfied with the work they do. Orschell was impressed with what they did with Route 1 also. Approved.

LATE ARRIVAL INFORMATION- Ewbank- read disaster plan with Health dept- to have mass clinic space for inoculations for infectious diseases available within 8 hours of said request. This has been the same agreement for past 5 years. Signed.

Earthquake drill today in all the county offices went well.


PUBLIC COMMENT- Chris Mueller- regarding the voting and procedures of the last morning meeting asked about Roberts Rules of Order and what the commissioners plan to follow, if they aren’t going to use them as all the previous commissioners had. Hughes said he had consulted the attorney about this and it was ok. I questioned further regarding why they were using Roberts Rules for some things like public comment during hearings and what would they use as a policy if NOT Robert’s rules of order. I told them I was concerned about the legitimacy of decisions if the votes were improper. Hughes said some of what they do is prescribed by state law. I asked what that was based on. He didn’t know. As I left the podium Hughes said he’s done thing illegitimately befor and I said- I wouldn’t say that on the record.

Meeting adjourned at 8:25 PM

Christine Brauer Mueller
Lawrenceburg Township

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