Monday, April 22, 2013

22 April 2013 Dearborn County Plan Commission Meeting Notes

22 April 2013 Dearborn County Plan Commission Meeting Notes

Present: Mike Hall, Chairman, Dennis Kraus Jr., Russell Beiersdorfer, Mark Lehman, Mike Hornbach, Art Little, Jake Hoog, , and Ken Nelson. BZA members Jane Ohlmansiek and Phil Darling.

Also Present: Mark McCormack, Plan Director, Nicole Dailey, zoning administrator, and Troy Frasier, assistant planner.

ABSENT: Dan Lansing

Overview of Recent Changes to Development Standards( 2012)

Zoning ordinance- Parking Standards Updated

Plot Plan Standards Streamlined – eliminated repetitive requirements. Variances were defined to reflect state code.

ADA Standards Updated

Subdivision Control Ordinance

ADA Standards Updated also for curbs etc.

Subdivision Exemptions Added such as right of way exemptions for fees in some instances. Integral services such as sewers, water, etc. also.

Discussion of Proposed Zoning Ordinance Changes

Landscaping and Buffers- McCormack went over all the proposed changes to Section 22. The person responsible for maintaining buffers was outlined.  It includes having the Technical Review Committee review things that were previously just the Plan Director’s decision. Landscaping along frontages was changed to encourage parking to be in the back of buildings and not the front. Parking in the front increases the landscaping requirement. Bufferyard levels were outlined in a table for each of the zoning types. There are options for alternate options and also options for the developer to have considered also. Some species of trees and shrubs were eliminated due to invasiveness, maintenance difficulties, obnoxious fruits, etc.  The new ordinance changes reduce the plant stock from the previous requirements, as the previous list actually had so many that as they matured, they could not be kept alive. Fences have to be appropriate materials for front yards. Chain link fences were discussed in front yards of residential developments.

Comparison of existing and proposed regulations- setbacks and minimum lot sizes were changed.

Zoning districts- proposing 3 residential districts. Rural residential, single family, and multifamily. B-1 stays the same. Highway interchange is being eliminated and absorbed by B-2. Manufacturing districts were renamed Industrial districts. I-1, I-2, I-3.

Review proposed changes- A few sections of the zones had revisions reflecting fire protection, and agricultural use protections such as fencing. 16 dwelling units per acre was considered too dense. In fact the fire department could not protect that density out in the county per a couple plan commission members. They recommend 10 perhaps. McCormack will research something between 8 and 12 per acre. He will also look at whether DNR has to approve dry hydrants or not.


Comprehensive Plan Update- looking at updating charts, maps, and demographics. The staff is in the process of updating this now. Probably having a kickoff meeting in the fall for this. They plan to look at Industrial and commercial areas in the floodplain. Advisory members for the master plan will be advised of progress on this and also when the public hearing for the amendments to zoning will occur.

Meeting adjourned at 9:05 PM

Christine Brauer Mueller

Lawrenceburg Township.



Thursday, April 18, 2013


Acapulco owner's bond was reduced by an order from the appellate court.
For entire article on Register Publications website- click on the link below:

Wednesday, April 17, 2013

Additional information on scheduled road and bridge work

INDOT is scheduled to close SR-1 from 7/8/13 through 8/8/13 for the slip repair.
Box beam bridges that need repairs and/or concrete deck installed are:
 #8 Spangler
 #11 Grelle
 #25 Volz
 #31 North Hogan,
#32 North Hogan
#61 Kaiser
#74 Blue Creek
#103 North Dearborn
#137 Konradi
#213 Bischoff Hill
Information provided by Todd Listerman, County Engineer

Tuesday, April 16, 2013

16 April 2013 Dearborn County Commissioners Meeting Notes

 16 April 2013 Dearborn County Commissioners Meeting Notes

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

Also present: Gayle Pennington, Auditor, Teresa Randall, County Administrator, and Andy Baudendistel, Attorney.

[NOTE: There is a fair amount of business discussed at this meeting that was not on the agenda.]

Moment of silence for the victims of the Boston Marathon Bombing attack at the suggestion of Kevin Lynch.


Surveyor- Dennis Kraus, Jr. Appointment of licensed surveyor- Baudendistel reviewed this with Mr Berger, the general Counsel for Association of Indiana counties. Kraus Sr. is not paid for this and so it doesn’t run into conflict with nepotism laws as he is not an employee. Commissioners approved Dennis Kraus Sr as the licensed surveyor.


HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer:

Award bridge #102 to McAllister Excavation of Patriot $333,478.11 The high bid was $494,652. Approved fro McAllister Excavating.

Request to approach Council for annual line striping and bridge funding was approved by commissioners. Listerman has to ask for the line item. $110,000 is being requested for annual striping. Anything left over goes back into the highway account called MvHA substitute account. Last year the bid was at $87,000. Hoping to get it in that range again.

Kevin Lynch asked about what other dollars would be spent for the rest of the year. Listerman said we do this once a year in May. The only other items would be emergencies. Listerman said that he would prefer that it be earlier so they could get equipment ordered earlier. Lynch suggested they ask council about changing the timing of this request. Listerman said he is just asking now for funds that are already set up in these accounts in the budget. Lynch wants to know what requests are in the box. Grieve said that he is asking for additional appropriations to pave. There are no funds appropriated for that right now. Lynch doesn’t want to go to council over and over again. Lynch wants to be involved when they are doing the highway budget this year.

Listerman also requested to go to Council for bridge designs for box beams and 4 bridges. He wants to maintain the box beams for about 1/3 the cost of having to rebuild the bridges. These funds should come out of cum bridge fund. This is permission to put those line items into those accounts. This is for designs for $75,000. Then they can get $900,000 appropriated next year to do the projects if that money gets found for next year.

Gayle Pennington said she is doing a Budget 101 class for new officeholders and that will help them understand how this works.  Commissioners approved Listerman’s request to go to council for the bridge funds above.

INDOT will close SR 1 for slide repair.I 275 is official detour.  Unofficial local detour will be SawdonRridge to North Dearborn to McCann to old SR 1. This will get some money to replace any wear and tear on those roads from feds.

FYI: Bridge 138 trying to do a federal aid design. The condition of the bridge won’t allow us to do that. The property owner is allowing them to move his driveway and make it a culvert design. They are doing a revised cost and scope on this. Additional survey for driveway and railroad. $200,000 saved on construction but $10,000 more on design.

Tim Grieve, Highway Superintendent:

Request to approach Council for equipment and road improvements. They are cycling the snow plow trucks across 15 years. $340,000 is the number needed for five vehicles and two dump trucks. This money is already allocated- just asking for permission to spend it. Dump trucks will have some out of county bids as only one vendor is available in the county. Lischkge is the local vendor. Their service is also very good. Lynch wants to try to keep it in the county. Commissioners gave Grieve permission to seek equipment replacement funds from council.

Paving is an additional appropriation request. Grieve said he has no idea what money is available for that. Lynch thinks it is important to sit down with Council to see what funds are needed throughout the year. He is requesting $1million. Randall said that commissioners asked last year to see a 3-5 year plan. Historically looking back- perhaps we could see what is allocated on average. Lynch wants to normalize it rather than all these peaks and valleys in the spending on roads. Lynch said the state is pushing the wheel tax down our throat. They will penalize us if we don’t. $480,000 is at stake as a penalty. Commissioners gave permission to seek $1million for road paving.

ADMINISTRATOR: Teresa Randall:

Shumway and Votaw demolition etc. is behind schedule from weather issues. This will cause about 1 month of parking issues. She met with Hrezo and Maxwell to discuss that. End of June before parking is available. Hrezo is to get bid documents for next phase faster to help speed this up. She requested permission for phase 2 – fill and blacktop to authorize to proceed to the low bidder without entering into contract. The notice of award is first. Then the notice to proceed. Baudendistel warned them that there could be an issue with a conflict of interest. They will request a special meeting if this looks like it will hold up the project. Commissioners will have to decide this step- not have it done outside of a meeting.

ATC needs to know how much fill is needed and whether or not the brick can be used as fill. $675 is a not to exceed bid to analyze the brick. This is a standard geotech agreement. If they complete that work by the end of the week it keeps things on a better schedule. This is for the Shumway brick only- the Votaw brick had already been tested per Baudendistel. Commissioners approved the contract with ATC to test the brick.

Lynch and she continue to meet with EMS groups. They met with Sunman EMS in Ripley county and they have a larger area in Dearborn they cover compared to their area in Ripley County. Sunman’s agreement for 2 units at $40,000 total was approved by commissioners.

4H fencing at County Farm by the old Animal Control area- she has checked on getting jail road crews to help. The posts are the harder to remove. The 4 H kid who wants to do this is using it for animal fencing. The 4H is the recipient of this- not the kid himself per Baudendistel. Commissioners approved the ordinance transferring personal property valued at less than $5,000 to 4 H- specifically the fencing at posts at animal control at county farm.

May 9th the bids are due on jail and alternate. One contractor may be low on base bid and one low on the alternate. They need to decide if the alternate is going to be considered. They want permission of up to the $800,000 to be advertised ahead of the Council meeting in May. If not it will delay the project by a month or more. The commissioners can still decide not to pursue the $800,000 request for the alternate even though it will be advertised. She asked for them to advertise for $1million for the alternate to be safe. Commissioners approved.

AUDITOR: Gayle Pennington- April 2 minutes approved. Claims approved.

ATTORNEY: Andy Baudendistel – presented 2 ordinances at Council last week. Ordinance 1 transferred old jail bond funds to county general. Council approved. Commissioners also approved tonight. Ordinance 2 modified description requirements of the West Harrison TIF district to clarify those properties for the auditor’s office. This also states how to properly identify these in the future also for TIF districts. Council approved and tonight Commissioners approved.

COMMISSIONER COMMENTS- Lynch reminded everyone of the candlelight vigil tonight at Newtown Park for Child Abuse at 7 PM.



Meeting adjourned at 6: 55PM

Christine Brauer Mueller

Lawrenceburg Township


Friday, April 12, 2013



April 16, 2013

5:30 p.m., Commissioners Room

County Administration Building

215 B West High Street, Lawrenceburg, Indiana





1.  Surveyor – Dennis Kraus, Jr.

Appointment of Licensed Surveyor



                        1.   County Engineer – Todd Listerman         

                         Award Bridge #102

                         Request to Approach Council for Annual Line Striping and Bridge Funding 

                        2.  Highway Superintendent – Tim Greive

                        Request to Approach Council for Equipment and Road Improvements                       

ADMINISTRATOR – Terri Randall 

AUDITOR – Gayle Pennington

1.  Claims/Minutes






Monday, April 08, 2013

Indiana Law Blog covers Acapulco Appeals Today

Indiana Law Blog covers Acapulco Appeals Today

In Adolfo Lopez v. State of Indiana, a 7-page opinion, Judge Crone writes:
Adolfo Lopez appeals the trial court’s denial of his motion for bond reduction. Lopez and 108 other individuals were charged with numerous nonviolent crimes involving a chain of Acapulco Mexican restaurants co-owned by Lopez. Specifically, Lopez was charged with six class C felonies and four class D felonies. The trial court set Lopez’s bond at $3,000,000 surety plus $250,000 cash. On appeal, Lopez asserts the trial court abused its discretion in denying his motion for bond reduction. Finding the bond excessive, we conclude that the trial court abused its discretion when it denied the motion for reduction. Therefore, we reverse and remand.
For the complete Court of Appeals opinion go to:

Friday, April 05, 2013

North Dearborn Road Closure Date Changed

North Dearborn Road Closure Date Changed

North Dearborn Road Closure at Hiltz Road moved to Monday April 15, 2013.

Todd Listerman, Engineer
Dearborn County Transportation Dept

Tuesday, April 02, 2013

2 April 2013 Dearborn County Commissioners Meeting Notes

2 April 2013 Dearborn County Commissioners Meeting Notes

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

Also present: Gayle Pennington, Auditor, Teresa Randall, County Administrator, and Andy Baudendistel, Attorney.


Surveyor- Dennis Kraus, Jr.- appointment of a licensed surveyor- Baudendistel said Dennis Kraus Sr. is licensed but Dennis Kraus Jr. is not. Dennis Kraus Sr. is NOT compensated for this work so Baudendistel was going to check to be sure this was not a conflict. Tabled.


Planning and Zoning- Mark McCormack- proposed text amendments to zoning ordinance:

Article 5 section 520 contents of an application for a zoning map amendment- this was concerning the sewer district certification portion. These were also reviewed by the Regional Sewer District Board and their attorney. No public commented. Commissioners approved this ordinance

Article 23 Section 2320- Site Plan requirements- this was related to any utility service providers for the site.  No public commented on this. Commissioners approved this ordinance.

Proposed Text amendment to Subdivision Control Ordinance:

Article 7 Certificate E- County Recorder’s Certificate- simplified to make it applicable to everything. They don’t have cabinets and slides anymore in the recorders office per recorder. No public commented. Commissioners approved the ordinance.

Mark McCormack invited commissioners to their Planning and Zoning Meeting April 22nd- where they will be going over more proposed ordinance changes and the annual report was also sent to commissioners.

Kevin Lynch asked McCormack about Fire and EMS wanting to be asked about capacity to cover new developments. McCormack said they have been having issues with getting timely responses from them and developers having issues with being held up with their response. Notifying them would be different from asking for a response. They will discuss this further in the future. Lynch said the one he had heard complaint about was a commercial property.

Assessor – Gary Hensley- Signatures for New Construction and Trending Contract- Baudendistel had no issues with it. Commissioners approved the new contract.

HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer:

Notice of award and proceed for Bridge 49 Ester Ridge Road- Replacement of superstructure- Duncan Robinson low bid out of Franklin IN was approved by commissioners . Cost was under $193,850. Signatures for North Dearborn Rd- Change Orders 006-0010- this project will be finished in July, weather -permitting. Change orders approved are listed below:

$107,476 is the amount for change order # 006- for different type of structural backfill required.

$ 1894.50 paved side ditch changed out to riprap and side ditches with sod- change order #007

$4030.26 for change order #008 to get French drains etc.

$5179.70 for change order #009- to clear ROW and utilities relocated outside construction limits.

$29,031.00 LESS so it is deducted  for change order #010 – to revise traffic control for the project.

$0.00 – Change order #011- completion date revised due to subgrade changes in the substrate with removal and stone added. This adds 7 days for that work. Completion is Dec 3, 2012 now for the INTERMEDIATE date phase 1 on the project. This just makes it match up on the paperwork for the project.

EMA- Bill Black Jr- Signatures for EMPG salary grant-which reimburses $39,063.79 for salaries. Commissioners signed it. Baudendistel had no issues with this.

Ethics disclosure statement was signed also by Bill Black and Mary that goes in with this. Black advised commissioners that Jacob Jump will be using his building for dog training again. Commissioners had no issues with this.

ADMINISTRATOR: Teresa Randall-

Update on jail- has been put out for bid- documents are good. Bidders can tour the current facility. May 9th at  2 PM bid opening and Lynch will be present. There is a delay to the 21st of May for regular meeting. She may be calling for a special meeting.  Council follows at 6:30 PM on 21st. they are arranging for parking to use William Street with Lawrenceburg Zoning Board. Using the Shumway –Votaw was appreciated by Lawrenceburg for parking.

4 H contacted Randall again- regarding the fencing around the old animal shelter. The 4 H member is going to recycle it. Randall is checking to make sure no one else needs it. Baudendistel said he would write up something to cover the procedure of transferring this property for this. They are thinking of using community corrections to get the posts out safely.

Bill Shelton contacted Randall about the old animal shelter trailer out there. He recommends scrapping that and getting it out from being insured. She will forward the photos of these items to commissioners. This will be on the agenda for next meeting.

Phones ordered for new county phones- starting with adm bldg.

Senator Donnelly will be at IVY Tech Wed at 10:30- for America Works Act. His aide connected them with grants for Fire and EMS. They have selected 25 business leaders to have a jobs round table at the event Wednesday.

Robert Hoffmeier retired at age 86 from the Hospital Board. Randall was glad commissioners made that meeting to congratulate him.

AUDITOR: Gayle Pennington- claims approved. Feb 5th minutes were signed. March 19th minutes signed.

County web page has been migrated to auditor’s server- they are hosting it now. They will have meetings to work on the web page further.

ATTORNEY: Andy Baudendistel- none

COMMISSIONER COMMENTS- Kevin Lynch- reiterated looking at the workforce with Senator Donnelly and also with Luke Messer. He wants these people to know where Dearborn County is. They have been to Dearborn twice in their first 4 months of office.

Art Little- agreed with Lynch and wants to have a friendly interaction with representatives.

Shane McHenry- reported  the Brown Building partially collapsed in Moore’s Hill. They are in the process of clean up.

LATE ARRIVAL INFORMATION- County recorder-Glenn Wright- said there is an issue with vehicles that are almost permanently parked in some spots. Lynch said maybe they can use EMA spaces for those long term parkers. Randall said they are looking at this issue.  Bill Black- EMA said the assessors car was towed in and the one the prosecutor Aaron Negangard had wrecked was out there too. They need the spaces esp with jail construction coming up.


Meeting adjourned at 10:04 AM

Christine Brauer Mueller

Lawrenceburg Township