Friday, December 28, 2012

Agenda- Jan 3rd Commissioners Meeting



January 3, 2013
6:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana

EXECUTIVE SESSION: 5:30 p.m. / Pending Litigation (IC 5-14-1.5-6.1(b))


I.              CALL TO ORDER




1.  Department Heads

            a)  County Attorney

            b)  County Engineer

            c)  County Highway Supervisor

            d)  Building Inspector

            e)  Emergency Management

            f)   911 Director

            g)  Veteran’s Service Officer

            h)  Maintenance Supervisor

            i)   Animal Control Director

            j)   County Administrator


2.  Boards Commissioners Serve (All serve on Solid Waste and Drainage Board)

            a)  Common Construction Wage (Shane currently)

            b)  Juvenile Board (Shane currently)

            c)  Emergency Management (Tom prior)

            d)  Redevelopment (Tom prior)

            f)  OKI (Jeff prior)

            g)  Plan Commission (Jeff prior)

            h)  Personnel Advisory (Jeff prior)


3.  Citizen Boards

            a)  Planning Commission

            b)  Health Board

            c)  Cemetery Board

            d)  Community Corrections Advisory Board

            e)  Regional Sewer District

            f)   Alcohol Beverage Board

            g)  Park Board

            h)  Convention/Visitor’s Bureau

             i)  Property Tax Assessment Board (PTABOA)

             j)  911 Communications Board

            k)  Aurora Public Library

             l)  Hospital Board

            m) OKI


4.  Other appointments

            a)   ADA Coordinator

V.            OLD BUSINESS 

VI.           NEW BUSINESS 


            1.  Ratify signature on Risk Insurance Applications

2.  Shumway/Votaw Demolition Contract

3.  Barnes & Thornburg Contract

VIII.         AUDITOR – Gayle Pennington

1.  Claims/Minutes

IX.           ATTORNEY  


XI.           LATE ARRIVAL INFORMATION            


XIII.          ADJOURN























Page 2

Friday, December 21, 2012



Stats for the jail – maximum capacity 216 inmates, 168 males and 48 females.

Source: Dearborn County Sheriff Mike Kreinhop

Number of bookings per year:

2005 – 2,720

2006- 2,539

2007- 2,584

2008- 2,448

2009- 2,284

2010- 2,242

2011- 2,395


Daily Average number of inmates:

2005- 198

2006- 223

2007- 206

2008- 212

2009- 231

2010- 248

2011- 231


Number of individuals placed on probation and not incarcerated by Dearborn County Courts in 2011: 2,329

Number of individuals placed on in-home incarceration by the Dearborn County Courts in 2011: 1,037


Is our legacy going to be building a monument to negative behavior and filling it up by arresting and re-arresting criminals for minor probation violations as shown by the statistics and the local arrest records in the paper.   

This is evident in the sheriff’s statistics showing decreased bookings since 2005 and yet an increased average daily population in the jail. The jail committee looked at the average daily population to justify increasing the jail expansion, but we need to be looking at the number of bookings. It tells a different story. And it raises some questions regarding policies in the justice system.

1.   If the number of bookings has trended downward since 2005, why are the number of daily average inmates increasing in inverse proportion to the bookings?

2.   The highest number of bookings was in 2005, when the 3rd court was created. The work load in this category is decreasing, so the increased number of judges should actually be moving cases more quickly with less waiting time. What is causing the inmate population to swell?


We should ask why we are building an expansion of the JCAP programs into the jail with no data other than anecdotal evidence like letters regarding the measurement of the success of that program. JCAP beds are expensive to build and are not easily renovated due to the security of the jail and the stout  nature of the materials used to maintain that security.Why expand a program that includes housing inmates at taxpayer expense, without KNOWING how to measure success with actual data. Anecdotal reports are the lowest level of scientific evidence. Data driven measurements should have been set up and used from the beginning of the JCAP program. Why weren’t they?

Council and Commissioners should be asking for monthly or quarterly reports from the jail and justice system on population, bookings, average length of stay, crime rates, and bonds. Keeping an eye on the numbers will help all parties do their part to control use of the jail space. The taxpayers should not be the only ones responsible for solving jail overcrowding. Rigorous real time data driven analysis needs to be used.   Judges, prosecutors, defense attorneys, sheriff, police officers, probation departments, and jail staff all need to look at their policies and procedures and see if they can help alleviate some of the overcrowding as well.

If we don’t, we will be looking at a jail that is full well before we can afford to add on to it again.

Christine Brauer Mueller

Lawrenceburg Township


Thursday, December 20, 2012

Council Funds Jail Expansion - 20 December 2012 Dearborn County Council Meeting Notes

20 December 2012 Dearborn County Council Meeting Notes

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

Councilman Jim Hughes passed away Dec 9th.

Also present: Gayle Pennington, Auditor and Teresa Randall, County Administrator

Charlie Keyes and Randy Lyness were present also ( councilmen-elect)

Everyone stood for a moment of silence for Jim Hughes.

REDEVELOPMENT COMMISSION-  Land Acquisition- Mike Rozow introduced Paul Kunkle who requested money to buy almost 42 acres in West Harrison TIF. $850,000 left out of $1.5 million they had been allocated. They want $550,000 which will be matched by City of Lawrenceburg. Economic development will own it and once a piece is sold they will turn it over to Redevelopment Commission. Survey was done for $1900 by Becker Bayer who had done multiple surveys on this area. They want to do it this year because of capital gains issues. Company interested in 15 acres and we will have 23 left. Original 72 acres in Tom Stone property. 8 acres went to Hirlinger. Paying under $40,000 an acre. This land is in the 500 year flood plain and out of the 100 year flood plain. They plan to close on Dec 27 at 1 PM. Ullrich motioned and Morris 2nded to transfer the $550,000 for the purchase of this land. Passed.

Commissioners- Terri Randall:

High Street Demolition- Mike Hrezo and Bob Hrezo of Hrezo Engineering was present as they requested the money to take down both buildings to finish it off and get the parking set up for 40- 60 spaces if we take down both Shumway and Votaw Building. $244,310 total cost. $110,407 is left of the Lawrenceburg money. $133,903.50 more is needed- but they requested $135,000. They will not ask for any more money for this. Randall said they need to spend the money from Lawrenceburg. You never know when that will go away. Lansing motioned and 2nd by Morris to approve the request for the money to demolish these two properties.

Salary Transfer- $6,970 to cover Randall’s paycheck for the rest of the year as they had calculated it incorrectly. They had money that was extra in insurance funds that they will transfer for this. Approved.

Jail Expansion/renovation- Terri Randall-introduced Brad Rullman from Maxwell and Mark Van Allen from Rosser inc and Jeff Lyness from Maxwell who were present as Randall gave the presentation the same as was given to Commissioners. She also commented on Jim Hughes who showed great character on the Jail Committee even though he was against the project. Randall said that Integrus study on this was independent because even though he was consulting with Maxwell on the project this fee was extra beyond that fee and his fee with Maxwell was the same no matter how big the jail was.

Lansing asked about the cost of home incarceration versus the cost of jail. Morris said that per some conversation she heard and that she knows this is unscientific- but that some of the people on home incarceration should probably be in the jail. We have more felons than we used to and they get longer stays. We will average 347 inmates in the next 10 years per the data projections.

100-125 per year were arrested due to the boat per Kreinhop (using numbers from when he was there 5 years ago.) He does not know what those numbers are currently. Lansing noted that the casino has 24% less patrons this Nov compared to last. That might translate to less arrests – particularly with the Cincinnati casino.

Morris noted that RQAW had projected 390 inmates for 2020. Kraus asked why there is no one smart enough to stop the revolving door with the rearrests due to alcohol etc. Randall said the 12% growth rate was the realistic estimate.

Mark Van Allen gave his spiel on the new things in this jail project. This was the same as what he told Commissioners. (see notes from that meeting)

Morris asked about the JCAP program. Answer from Van Allen was that JCAP has 16 beds for men and 16 for women in the intensive program and then 8 each on another floor for those continuing to serve their sentence as a graduate program- like a step down program.

Jeff Lyness went over the budget for each option:

$77,238 cost per bed for the 120 beds for $9.3 million

$48,000 cost per bed to go to 144 beds for $11.4 million

208 beds for $11,800 each for the additional $800,000 beyond the $11.4 million.

Brad Rullman gave the allocations to date.

Kraus asked about building it out all the way- and then they would have no reason to watch how fast they are filling it up. Randall said that the commissioners asked them to do these alternates. Lyness said that the construction market is making it more economical to do this.

Morris spoke out to go to the 144 beds and at least bid out the 208.

Lansing talked about how fast it will fill up and then we will have the operational costs out of savings. Kraus agreed that there would be increased personnel. They can use inmates to help clean floors etc. They saw this on some tours of other facilities per Randall. Video visitation and automated commissary might save some money. Morris said that people in the judiciary anguish over who to let loose to put someone more dangerous in jail. This is what we have to do to keep the community safe.

Kraus said once you build the 208 bed there is no incentive to have any other solutions to the problem.

Messmore has been part of this for a long time. I don’t think any of us want to build a jail- but we have taken this washrag and wrung it until it’s dry. I think it’s wise to get the bid for the 208. He thinks it will be better to build it out rather than take these costs to a later date.

Chris Mueller spoke requesting more data to be gathered from here on out to show what we are accomplishing with JCAP and also for the rate of incarceration. For more detail this was essentially the same request made to the commissioners to get all parties involved in seeing what policies and procedures could help alleviate jail overcrowding. (bonds, continuances etc)

Lansing said 70 % longer stays in Dearborn County than jails across the state. Not sure if that was from RQAW data.

If JCAP were to be changed to something else it would be difficult to change because it’s all built of very stout materials.

Messmore motioned to accept the Commissioner’s request for 144 bed version for $11.4 million with Barrott 2nding. 4 ayes and 1 nay form Lansing, Chair did not vote though he had previously stated he was in favor of this version.  Passed.

Kraus asked Randall to check on the JCAP data and see if Commissioners would request it. She said she would dialogue with them on this.

Jail Additional—nothing said about this.

Gayle Pennington-needed more for Wanda Treadway for $440 so that Sue Hayden can take her 10 days vacation. Passed.

Salary Ordinance- The salary ordinance- reflected all the things they had passed at budget time. Passed.

Park Board was removed from the agenda and they will have to re start the discussion for next year.Messmore motioned to do this Lansing 2nd. Passed.  Park Board was not on this agenda – but they had been tabled in November. This was about fencing for Gladys Russell Park.

Meeting adjourned at 8:25 PM 

Christine Brauer Mueller

Lawrenceburg Township

Wednesday, December 19, 2012

Final County Council Meeting for 2012 Thursday Dec 20

Final 2012 County Council Meeting is Thursday Dec 20th at 6:30 PM.
The agenda is a combination of the Dec 11 and Dec 20 agendas previously listed on this blog.
Additional $1.1million funding for the expanded jail expansion is on the agenda.

Tuesday, December 18, 2012

Final Meeting for Hughes and Orschell -18 December 2012 Dearborn County Commissioners Meeting Notes

18 December 2012 Dearborn County Commissioners Meeting Notes

Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry

Also present: Gayle Pennington, Auditor, Teresa Randall, County Administrator, and Andy Baudendistel, Attorney.
Commissioner-elect Lynch was in the audience. Art Little was not.

Shane McHenry asked to observe a moment of silence for Councilman Jim Hughes who passed away .

Baudendistel thanked commissioners for taking a chance on him as county attorney and wished them well. He will be leaving the meeting early for court hearings. Commissioners also thanked him and wished him well. Orschell told a funny story about asking Baudendistel for his support in his first election but saying he wasn’t sure he was old enough to vote yet.


OKI Citizen appointment tabled until January


Planning and Zoning- Mark McCormack- Zone Map Amendment request from Hirlinger Motors, Inc.- McCormack presented the information showing maps of the area and the adjoining Highway Interchange zoning that Hirlinger requested as well. They want to get their M-2 with restrictions changed to H-1. They don’t need a full blown traffic study per McCormack . They may need some variances if the rezone is granted- concerning landscaping requirements. The one neighbor sent a letter saying they had no problem – but please don’t run water on me. ( this area is in the flood plain)

Public hearing was opened  but no one spoke –so it was then closed.

Commissioners had no questions. Jeff Lyness of Maxwell noted for the record that they were not part of that development- just contracting for the construction. Orschell motioned and McHenry seconded to approve the zone change to H-1 saying it met all the considerations of a zone change without specifying how it did. Approved.  The ordinance was signed.

 Hughes said he wanted Mark to pass along his thanks to the Plan Commission after having served on it for many years.

Assessor- Gary Hensley- PTABOA Board –wants to reduce the board to 3 persons. It will cost less and be easier to convene. He wants to spend more on his appraisals. He gets independent appraisals on commercial properties. He said he’ll use about $20,000 for that next year. He said they were getting beat up at the state on appraisals and he wants to beef up their evidence on this. Baudendistel agreed that a 3 or 5 member board is possible. McHenry asked if he was comfortable that 3 members is enough. Hensley was and noted the commissioners are a 3 member board. And then someone piped up that Council is 7 members. Baudendistel pointed out an independent appraisal is helpful in hearings. Hensley said sample size can be a problem showing statistical results from the neighborhood. Hensley wants 2 Level 2 appraisers on this board. They plan to have  the next board decide this with an ordinance prepared by Baudendistel. Tabled for January and also asked Baudendistel t o prepare the ordinance. ( as if it is already decided)

2013 Commissioner Meeting Dates – Randall asked them to have the first meeting moved so it’s not on the day after New Years. The first Commissioner meeting will be Thursday Jan 3rd at 6 PM. The new board will figure out their meeting dates for 2013 after that.

Emergency Management – Bill Black- Contract with Greater Cincinnati Hazmat- this is their usual contract- $6,380.99 – which is actually lower than in previous years. Baudendistel had seen it. Commissioners approved. Bill Black said it had been great working with Orschell and Hughes who are leaving office.

LATE ARRIVAL INFORMATION- Bryan Messmore- DC Prosecutor Office- $8,000 additional to their grant Indiana Family and Social Services Division of Aging  used for Adult Protective services . The grant runs from July 1 2010 and concludes June 30 2013. They will use it to cover office supplies, travel etc. thus relieving the county general fund. Salary ordinances stay the same- it is not used for that. McHenry said they have a lot of attacks on the elderly with scammers. Commissioners signed the grant agreement amendment to get the additional $8,000.

DC economic Development director asked for permission to go to Council to ask for money to purchase land in West Harrison TIF and this deal has to close before Dec 31. $550,000 has already been appropriated to buy this Stone Property. They will sign this over to redevelopment after they give the one piece to new business.

HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer- there is a public hearing on the Collier Ridge Bridge- Thursday at 6 PM at EMA building.

Collier Ridge Bridge- amendment to original design contract and was approved by INDOT. It’s all 80/20. $25,800 is the additional. The total is now $355,610 to American Structurepointe for design. Commissioners approved.

Separate contract with Structurepointe for ROW for not to exceed for $24,375 for acquisition of ROW on Collier Ridge Bridge.  Commissioners approved and signed.

Listerman thanked Hughes who hired him during his 8 years in office and he thanked Orschell for all his support of the highway dept. Orschell thanked Listerman for doing all he did to keep our roads safe.

Tim Grieve, Highway Superintendent- no business- he just thanked them for their support and appreciated the commissioners. He wished Orschell and Hughes good luck.

ADMINISTRATOR: Teresa Randall-

Shumway Contract- asked to table this until after Council meets and hopefully funds this. TABLED until January.

Vehicle policy Update- worked with the Auditor and she thinks they need to tighten procedures on mileage documentation logs. She thinks this will save in fuel costs etc. She wants to table this also until next year. TABLED. She also added to the “farewell party.” She said she’d try not to get emotional saying this but she said that they spent hours with her getting her up to speed. She appreciates what they did for her career and the county. Orschell thanked her also.

AUDITOR: Gayle Pennington- set first check date for vendors on Jan 17th with claims schedule cut off at Jan 11th to start her claims schedule.

State policy says they have to have disclosure of contracts with relatives. The next Board of Commissioners will have to sign the affidavit saying they will not contract with relatives. This is part of the Nepotism bill.

Claims signed. No minutes were presented for signature.

Hughes said he appreciated her organization and efficiency. She thanked Orschell for keeping her straight. And noted to Hughes that she wasn’t so sure about the efficiency since she didn’t get the minutes done!

ATTORNEY: Andy Baudendistel- see above- he left early for court.

COMMISSIONER COMMENTS-  Orschell expressed sympathy to Hughes on the untimely death of his brother, and said that he knows how bad that feels. He also said that serving  8 years- is  unusual and to be noted.

Orschell said also- Shane – pleasure to work with you and I always took your comments to heart.

Orschell – IAC ( Indiana Association of Counties)  asked for  nominations for Auditor of the Year and we put Gayle Pennington up for this. Randall wrote up the recommendation. She started with the sudden death of Cary Pickens in 2010- she left treasurer and took up the task. Leader in expense reduction and efficiency. She cross trains her staff. Leads by example. Ready to run with any assignment- taking on GIS and Human resources. She also had to change payroll for state law and she did it in pieces across several pay periods to mitigate the effects. Even though she didn’t win- the county recognized her. Randall had flowers and the Commissioners all got hugs from Pennington. Orschell said to Pennington at the end-  don’t feel so bad about coming in 2nd- I know the feeling.

Tom Orschell also thanked Randall- for all that she did and he thanked everyone in the room. And BTW everyone gets  a pay raise 1st of year.

Orschell wanted to tell a story about an elderly couple, Richard and Betty Waller- he found a note- when he cleaned out his office. He met them at one of his early meetings. They had a lifetime agreement with the railroad to maintain their crossing. The railroad said they would no longer do this. She had brain and he had lung cancer. She said it happened in the 1970s and Congressman Hamilton had fixed that for them when RR tried it before. Orscell said that the County att’y said it was a federal matter. Orschell visited them and contacted Congressman Hill and they sent all info and Hill did get it fixed that RR would maintain it still. He said this gave him a feeling that the system worked. These two both have passed away now- but they told Orschell that they wanted to be sure not to pass the problem to their kids.

Hughes also said he was lucky to work with a fine set of commissioners and dept heads. He said Orschell was a tough act to follow.

McHenry gave a speech that as a board they put personal feelings aside and came in and conducted business. Randall presented Hughes and Orschell each with a clock plaque. He said they were a great team and they accomplished some things, He said they left some good things that will be going on beyond their time. He couldn’t be prouder than to call them fellow commissioners.


Everyone was invited to have cake afterwards.

Meeting adjourned at 10:20 PM

Christine Brauer Mueller

Lawrenceburg Township


Monday, December 17, 2012

17 December 2012 Dearborn County Plan Commission Meeting Notes

17 December 2012 Dearborn County Plan Commission Meeting Notes

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

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

Absent:  Jeff Hughes

New Business:

Request for 2 year time extension to the White Pines Subdivision Primary Plat.

Applicant: JDJ Surveying/ White Farm Ddvelopment ( Tucker and Schmidt)

Location:  Logan Township- on North Dearborn Road – 55.824 acres. Zoned residential.

 1 year extension 2008 – 2009 and had others until 2013 and they are requesting another 2 year extension. There are no improvements in place and no construction plan in place yet.

Mark McCormack answered question from the plan commission. Jeff Stenger presented for the applicant. With the state of the economy, they did not get their water and sewer set up yet, they will be subject to the CURRENT zoning laws when they do submit their improvement plan.

Public  input:

Glenn Crocker- 42 year Short Road resident. They are still concerned with the frontage. They are concerned with 0.8 mile having the backs of the houses being the view. They want to be sure they have something in place to0 protect the view. This is 5 years into the process and they are requesting another 2 year extension.  He wanted to know if other developers were requesting these extensions. He hoped they would do a great job on this.

Tom Gaynor- has the farm land adjacent to this. Still concerned about the additional traffic this would put on their road. He thinks one entrance on North Dearborn would be better, He says Gaynor R9idge can’t handle the traffic- and is a hazard with farm equipment. He is also concerned about his grandkids there.

Steve Koon- lives and farms on Gaynor Ridge Rd. He wanted to reiterate what Tom Gaynor said.

End Public discussion.

Stenger explained again that they did not want to start anything to have a prolonged construction phase that would be hard on the adjoiners.

Nelson motioned to grant the two year extension conditioned upon the subdivision meet the zoning laws and fees in place at the time they get primary plat approval. Seconded by ??. Approved. 

Request: Major revision to allow new driveway access in Data Park

Applicant: JDJ Surveying with owner Keith Mooneyhan

Location: Kelso Township on Memory Lane on 13.78 acres

 McGill said they cannot hear this because Lot 19 was to be used as access for this as one of the conditions of approval for this original plat. People bought lots based on these conditions.

McCormack said that when they discussed it previously they wondered about the deed restrictions and covenants. They thought that maybe they would need the developer to petition to remove the covenant or perhaps all the owners. If the restriction were removed, then they also aren’t sure they would need another plan commission decision. Perhaps it could be administrative.

Stenger said that he had trouble with this item. This property is no longer part of Data Park Subdivision.

Hall said that we don’t enforce covenants and restrictions- BUT we don’t violate them either.

Stenger said that this is more of an issue of direct access to a county road.

His two options are to get all adjoiners to sign off on removing that or get a court ruling to say that his property is not subject to that. That would  make them subject to the normal driveway permits.

McCormack said they would refund the money on this application considering the circumstances.

Nelson motioned that this request could not be heard. Beiersdorfer 2nded. Passed.


Zone map amendment legal description for Pam Rigacci, C&R Towing and Linkmeyer Development, Rookwood estates. They had put in a description in rezoning that was inaccurate. They have corrected the description and PC passed this.

They hired Troy Frazier new planner- went to Ball State and UC for masters. Had a lot of good applicants.

McCormack has been sitting in on Greendale’s master plan update.

St Leon area half mile track in playground area up there was put in with a grant they helped with.

Plan Commission calendar for 2013 was approved. It follows the same general times as 2012.

Meeting adjourned at 7:50 PM

Christine Brauer Mueller

Lawrenceburg Township

Candle Vigil on Your Porch 7-9 PM Tonight Dec 17

Candle Vigil for  Sandy Hook victims

Can we start a Community chain, putting a candle (regular or flameless) outside on your porch on Monday, December 17th, from 7-9pm, in honor of those that lost their lives (big and little angels) and for their families, support?

sent from Jan Kratochvil 

Friday, December 14, 2012

Agenda December 18th 9 AM Commissioners Meeting Agenda



 December 18, 2012

9:00 a.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana

I.              CALL TO ORDER 


III.            OLD BUSINESS

OKI – Citizen Appointment by Commissioners (tabled until January)

IV.           NEW BUSINESS

1.  Planning and Zoning – Mark McCormack

            Zone Map Amendment Request from Hirlinger Motors, Inc.  

2.  Assessor – Gary Hensley

            PTABOA Board 

3.  2013 Commissioners meeting dates

4.  Emergency Management – Bill Black

            Contract with Greater Cincinnati Hazmat


A.  Highway Superintendent – Tim Greive

            1.  Updates 

B.  Highway Engineer – Todd Listerman

            1.  Updates

VI.           ADMINISTRATOR –  Teresa Randall

            1.  Shumway Contract

            2.  Vehicle Policy Update

VII.          AUDITOR – Gayle Pennington

1.  Claims/Minutes

VIII.         ATTORNEY – Andy Baudendistel 


X.            LATE ARRIVAL INFORMATION            


XII.           ADJOURN