Thursday, June 27, 2013




July 2, 2013

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


I.          CALL TO ORDER 



            1.  Region 9 Workforce Board Representative (tabled)

            2.  Township Advisory Board Vacancies / Washington & Jackson (tabled)

            3.  Maximus Consultant Contract (tabled)

            4.  Animal Control Report – Marlene Underwood



            1.  Maxwell – Brad Rullman

            Jail Bids #3 and #8


            2.  Planning and Zoning – Mark McCormack

            Proposed changes to the DC Subdivision Control Ordinance

            a)  Article 2, Section 200:  Subdivision Types

            b)  Article 2, Section 262:  Retracement Survey Requirements


            3.  EMA – Bill Black, Jr.

            Signatures for Emergency Management Performance Grant (EMPG)         


V.        ADMINISTRATOR – Terri Randall

            1.  Shumway/Votaw Update

VI.       AUDITOR – Gayle Pennington

            1.  Claims/Minutes







Tuesday, June 18, 2013

18 June 2013 Dearborn County Commissioners Meeting Notes

18 June 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.


Region 9 Workforce Board Representative- tabled again- as Randall hasn’t heard back from Kathy Patterson at Chamber yet.

Township Advisory Board Vacancies for Washington and Jackson Township – Baudendistel said Lynn Deddins was willing to serve. McHenry will verify this for next meeting. Commissioners fill these spots when the party doesn’t do it within the required 30 day limit per Baudendistel. McHenry to try to get a name for Washington Township rep.  Tabled.

Maximus Consultant Contract- tabled as response from Maximus not received yet per Pennington.


Animal Control report- Marlene Underwood- tabled until next daytime meeting so she can be there.

Approval of EMA Homeland Security Application- Baudendistel has reviewed. Applying for up to $10,000 – McHenry said Bill Black wanted to have commissioners support. Approved.

CMHC, Executive Director- Tom Talbot- Introduction and presentation- they are a private non-profit mental health center. There are 25 mental health centers in the entire state. Required by Division of mental health and addictions to provide  a continuum of care. They also provide support free during natural disasters. They have their own psychiatric wing at Dearborn County Hospital. They also provide 120 beds in 5 counties for homeless individuals who have mental health issues.  They also share their federal dollars with school programs too. They have 282 employees with a $19 million budget for the region they serve. Served 4389 clients in 2009 and in the past year over 5800. They do get some insurance revenue, Medicaid money, block grant money,  1 % of property tax dollars etc. Much of it is used to match grants. Indianapolis doesn’t have to worry about match money being exceeded. Rural counties like ours end up owing 33% back to state after they exceed their match money. They came to the conclusion that they can’t continue to give $1-2 million in care. They are seeking more funding sources. They are basically the safety net for community- keeping people out of jails.

Kevin Lynch volunteers on their board and he says their situation is more dire than it seems, at first blush. Revenue from service providers is down in the last couple years. They end up taking on patients that others won’t – as they cannot make money on them. Two Mental healt centers went out of business and 8 have lost money in the last year. Kevin Lynch said he cannot make motion to approach Council as he is on the board.

Talbot said in the past they approached Lawrenceburg and have not heard back from them. Lane Siekman is their attorney and Baudendistel said they should get together to talk about the public private partnership statutes first. No decision.

IFSSA Grant Amendment #4 – Prosecutor’s Office- Bryan Messmore presented. Approval and signature  requested on Indiana family and Social Services for Aging- commonly known as Adult Protective Services for the surrounding 4 counties and ourselves.  $98,895 same as we receive every year since 2010. It includes an additional $8,000 for operational expenses we incur- which is good news for county general- per Messmore. Approved and signed.

ADMINISTRATOR: Teresa Randall- asked Brad Rullman to explain the parking issues.

Jail Updates- Rullman -started jail project on Monday and trying to get a parking lot set up- but in an effort to get things moving- they will get a new lot up by the beginning of August. There are issues with ADA parking spots. They will be stripping the site over the next couple days to see what the subsoil issues might be.

Randall said they had to get creative on where they parked the county vehicles that were in the EMA parking lot. When she got back after being off last week she saw they took more spaces that she had anticipated. The delays in the Votaw project has affected this parking issue. She said they should continue to encourage employees to use the street parking so that citizens don’t have to.

Two proposals for soil testing were $61 apart – Alt & Witzig $47,400 and ATC was $47,461. Discussion on who to accept.  Commissioners approved Alt and Witzig.

Concrete bids that were rebid to be sent in later this week. They also requested that we agree not to disclose their financials. Baudendistel said that the state law says this financial info is considered confidential anyway. Dearborn County and Core Slab Contractors confidentiality contract signed.

Lawrenceburg gave permission to use their property that CSX used for staging and parking workers. They will agree to move if someone wants to buy the land- that is owned by Lawrenceburg Redevelopment. 

Bids for package 3 and 8 will be in this week.

Shumway/Votaw Update- Bob Hrezo was present to answer questions. $141,943- for Dave O’Mara who is the low bidder. They will bring contract to July 2 meeting. Then 45 days to get job done. They need a notice to proceed to O’Mara. Baudendistel  reviewed. Approved.

Contract with Hrezo for a not to exceed $3290 to daily watch the work on Shumway/Votaw work. Approved by Commissioners.

Randall wants to contract with Alt & Witzig to test for soil testing for a not to exceed $4250 for earthwork, concrete, and asphalt. They will check for compaction and test concrete for slump etc. Acceptance agreement, construction testing was approved.

Lynch and Randall met with Lawrenceburg EMS and they are prepared to enter an interlocal agreement with Lawrenceburg which was reviewed per Baudendistel. Approved in several steps to allow authorization to enter into the interlocal agreement, then approve the interlocal agreement itself. Then they approved the funding for 2 squads for $40,000. Randall had to search for those contracts to be approved later in the meeting perhaps. They later motioned to allow McHenry to sign it when they can find it aftedr the meeting sometime.

AUDITOR: Gayle Pennington- Claims approved. Minutes approved for May 21 and May 28 special meeting.

Pennington got a letter from new postmaster that said they have to charge the county for sorting mail. Pennington said that she wants street delivery and no fees for the taxpayers to foot the bill for. She talked to judges and Humphrey said he thinks they can sort their own mail. Maintenance crew used to pick up and sort this. She is anticipating some complaints. Commissioners said no one should complain about sorting their own mail.

ATTORNEY: Andy Baudendistel- has prepared some ordinances for planning and Zoning for the July meeting.

COMMISSIONER COMMENTS- Lynch wanted everyone to go out and enjoy the 4H fair this week.

McHenry asked for a moment of silence for Terri Randall’s sister-in-law who passed this week.

 Lynch also said that Congressman Messer has been here 3 times since election. He is glad he is spending time here.  Randall concurred.



Meeting adjourned at 6: 45 PM

Christine Brauer Mueller

Lawrenceburg Township

Sunday, June 16, 2013

Friday, June 14, 2013




June 18, 2013

5:30 p.m., Commissioners Room

County Administration Building

215 B West High Street, Lawrenceburg, Indiana








1.  Region 9 Workforce Board Representative (tabled)

2.  Township Advisory Board Vacancies / Washington & Jackson (tabled)

3.  Maximus Consultant Contract (tabled)



1.  Animal Control Report – Marlene Underwood

2.  Approval of EMA Homeland Security Grant Application

3.  CMHC, Executive Director – Tom Talbot

                Introduction / Presentation of CMHC

4.  IFSSA Grant Amendment #4 – Prosecutor’s Office



1.  Jail Updates

2.  Shumway/Votaw Update


AUDITOR – Gayle Pennington

1.  Claims/Minutes












Thursday, June 13, 2013

Dearborn County Parks

Information about and some pictures of the Dearborn County Parks

Tuesday, June 11, 2013

11 June 2013 Dearborn County Council Meeting Notes

11 June 2013 Dearborn County Council Meeting Notes

Present: Dennis Kraus. Sr., President, Dan Lansing, Liz Morris, Randy Lyness, Charlie Keyes, Maynard Barrett, and Bill Ullrich.

Also present: Gayle Pennington, Auditor

ABSENT: Teresa Randall, County Administrator

Commissioners- Terri Randall- Shumway-Votaw Lot Paving- Randall was not here so Council went from notes - asking for additional contingency amount of $40,000. Any additional money not used will be returned to the county. Lansing questioned why the bidders aren’t eating the excess? Morris and Ullrich said that these were unforeseen costs on Phase 2.  Bob Hrezo answered some of their questions regarding the increased cost. No one went over their bids. The geo tech report came in with some unknowns that others didn’t know about then. The originals were estimates-not bids. Morris and Barrett motioned for the $40,000. All ayes. They are going to start on it ASAP with notice of award tomorrow said Hrezo.

Park Board- Jim Red Elk- Project Discussion- capital spending approval process background. Red Elk wants a method for approval process for capital improvements so that is a consistent way of doing things. The current amount in the non-reverting Capital Projects Fund for parks is $89,000+. He is hoping that the methodology for spending money out of this fund could be avoided for very small projects. Park Board meets once a month- but the Council meets several times a year. They aren’t sure how to get with Council when they aren’t having a monthly meeting. Large capital projects are those greater than $100,000.

Construction leader responsibilities would be project development, budgets, schedules and permits, drawings and specs, revise drawings with park board members and see if engineering firm is required. Phase 1 communicates this to Council with no money committed yet. Phase 2 is to get a budget number to submit to Council. Phase 3 is to assemble a project and finalize the scope with updates on all processes. Phase 4 gets a budget number with a 10% contingency and get approval from Council. Phase 5 is Construction. Phase 6 pays out and closes out the project.

Lansing asked if Council has to participate in all these steps.  Red Elk was making them aware of the steps they take to get the projects to Council.

Projects greater than $100,000 obtain 3 bids

Projects $25,000-$100,000 get 2 bids

Projects less than $25,000- get quotes from contractors.

Pennington said that statutorily they know what the bid amounts have to be. Council has only 2 meetings they have to have and the rest are special meetings.

RedElk said they would typically bring big projects to them at budget time. But they aren’t organized that well yet- so for the next couple years he Is seeking guidance. He wants to make a procedure so that it lasts beyond these park board members. And also Council members.

Kraus said that we need to have parks so that we can attract businesses here. We need to show them some recreational opportunities. Maynard Barrett said this could work like the sewer board does for their projects. Morris said she hopes Council and parks can work together.She said Bright Meadows Park serves the greatest number of people and it needs restrooms. Lansing said there is one that has NO restrooms yet. RedElk wants to be sure to communicate with all of them appropriately. Lyness said he used to be on Park Board. He wants to be sure we don’t have so much PARK that we cannot maintain it. Kraus said they need to get part time people to help maintain them. They have an attendant at Bright Meadows. Will we need more of them? They don’t want to have a tax rate added for parks.

Red Elk said that once they get the plans for parks- like a 5 year master plan they submit to IDNR. They will then be able to show smaller projects and how they fit into this 5 year plan.

He presented with Dave Mattlin (Park member)a Rullman Long range Plan Prototype. They also want to know if old animal shelter and parcel by highway garage could be transferred to the Park so that they know the total acreage on County Farm that they have to plan for. For 2014 they propose to put in rudimentary facilities there. But they need to know about the land. No answer.

Morris asked again- Where is the Bright Meadows on that plan? She pressed Red Elk hard on this- including saying that no one really knows where some of these other parks are. He said that they need to get their master plan and priority list done. He said they want to get the basic improvements for all the parks so they are all online. Rullman first and then County Farm. Then go to Bright Meadows.

Charlie Keyes said that this board changed how riverboat savings was spent last year. So things can be changed. Morris said she had made that motion to spend Riverboat Savings without the full council agreeing and he could talk to her about that. He stopped and asked Red Elk to go on. Red Elk said that he would prefer not to see the land acquisition account be turned into a fund for maintenance instead. Morris had wanted to spend it for Bright Meadows and current parks.

Red Elk gave a simple plan with pictures and maps showing Rullman’s short term project on its 80 acres. He wants to do a privy and some paving there and a larger parking lot option. The bathroom will be a 2 seat privy- AKA outhouse.

Kraus said if we have spent all this money down here for the jail etc. and we should be able to do something for our parks.

Bright Fire dept gave them some old playground equipment for Rullman. They have to maintain Rullman as a rustic wildlife refuge Morris reminded them. Red Elk said that they consolidate all this is the entry area. They asked if they could get bright done this year too.  Mattlin and Red Elk said if you give us the money- yes. [NOTE: It seems like getting any money depends on getting Bright Meadows done too.]

Red Elk said if you want to do this and get money- please do NOT take it from our land acquisition account. Discussion ensued about getting Bright Meadows done now – or for next spring. Council seems willing to bypass the methodology to get it done faster at Bright. More discussion about costs and if they have to get more bids etc.

Red Elk wants park board members to spend more time on planning and less on nuts and bolts and mowing etc. Park Board will get more plans and come to July meeting with numbers for council. They will also get it advertised by 2nd week of July. More discussion. They will do it at budget hearings- because July is rushing them. Council wants to use riverboat revenue for these projects but it has to be advertised. Rullman Phase 1 will be approved for a NTE of $71,771.50. It has to be advertised for budget time for that approval in early September. They might need to have a special meeting in August for it, if things come together.

[NOTE: There were parts of this discussion where some Council members were telling the Park Board what to do and even suggesting where to put things in the park. Council should let the Park Board do its job. There were strong political overtones tonight particularly with Bright Meadows. Council needs to look at needs across the county- not just Bright. A regional park can be a big draw economically in addition to local small parks. Schools can use parks with ponds and lakes and woods as large biology teaching labs as well as recreational uses. 4 H, Scouts, and other youth groups can use the larger spaces also. Consider the variety of activities a large park can host ( like Winton Woods or Mount Airy Forest) ]

Auditor- Gayle Pennington- Minutes for December 20, 2012 - approved. The May meeting minutes will have to wait until corrections in motions were made.

Late Arrival- none

Meeting adjourned at 8:30PM

Christine Brauer Mueller

Lawrenceburg Township

Register Publications Report on Closing of Catholic Parishes in Batesville Deanery

Ester Ridge Road Closed for Bridge Work.

Duncan Robertson, Inc. plans to close Dearborn County bridge no. 49 on Ester Ridge Road on June 17, 2013 to begin construction.

Todd Listerman, Dearborn County Highway Engineer

Saturday, June 08, 2013

Indiana Supreme Court Agrees to Hear Oral Arguments in Brewington Case

Posted by Marcia Oddi on Indiana Law Blog Friday June 7, 2013:

Ind. Courts - "Indiana Supreme Court Agrees to Hear Oral Arguments in Brewington"

The ILB was holding off on this, as nothing has yet been officially entered on the docket. But meanwhile, Prof. Volokh at The Volokh Conspiracy has posted the word that the Indiana Supreme Court "will hear oral argument — likely on Sept. 12 — on the matter."
[More] Here is a long list of earlier ILB posts on Brewington v. State, the jailed blogger, free speech case.
Posted by Marcia Oddi on June 7, 2013 03:11 PM
Posted to Ind. Sup.Ct. Decisions

Tuesday, June 04, 2013






Tuesday, June 11, 2013

6:30 p.m., Alternate Commissioners Room

(County Administrator’s former office on 3rd Floor)

County Administration Building

215 B West High Street, Lawrenceburg, Indiana






II.             CALL TO ORDER


III.            COMMISSIONERS – Terri Randall

      Shumway/Votaw Lot Paving


IV.           PARK BOARD – Jim Red Elk

      Project Discussion


V.            AUDITOR – Gayle Pennington

Minutes for May 2013










4 June 2013 Dearborn County Commissioners Meeting Notes

4 June 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.
Executive session preceded meeting and Commissioners decided at the main meeting to reject and rebid bid package #8 detention equipment contractors on the jail project – approved to reject and rebid.
Randall asked Brad Rullman to speak and he asked them to rebid package # 3 on precast concrete also and commissioners approved to reject and rebid.
[NOTE: No reason was given for taking these actions. It is not clear if this will add or subtract from the jail total cost yet.]
Region 9 Workforce Board Representative- tabled also they are looking for rep recommendations from Chamber of Commerce as well.
Life Time Housing- Mark Sandman- Signature for CDBG (Community Development Block Grant) support letter- this also fits in with our existing comprehensive plan as far as approving housing in Dearborn County. Approved and signed.
Township Advisory Board Vacancies – Little had names for Harrison and Lawrenceburg.
Connie Cotttingham for Harrison township- Republican approved
Gary (Gerald)Hizer- Cook Avenue- to replace Dorothy Blackwell approved.
Tabled the Washington Township and Jackson Township  Advisory Board vacancies. [NOTE: There was no explanation for why any of these vacancies occurred or why Commissioners fill those positions.]
Jail Project Bids- Brad Rullman- has the contracts for the approved bidders- three copies of each contract. It will take some time to sign all of them. Baudendistel looked them over. They can be signed after the meeting- but were approved at the meeting.
Commissioners Approved the Following Contracts for Bids on the Jail:
#1 and #4-$ 2,133,000 to Bruns Gutzwiller for jail plus alternate
#2 - $630,200 Bray Construction
#3 was rejected earlier and has to be rebid.
#5- $498,360 – Avenue Fabricating –plus alternate included
#6 -Valley Interiors- $342,334
#7- Kirland Roofing  -$188,700
# 8 rejected to be rebid earlier in the meeting.
#9- Breckenridge Kitchen Equipment -$332,987
#10- $220,300 Quality Fire Protection for base and alternate
#11- Queen City Mechanical- $991,400
#12- Triton services- $1,093,500
#13- Banta Electric- $958,275
#14- Security Automation  Systems-$698,550
AUDITOR: Gayle Pennington
 Minutes -Special Commissioners Meeting tabled for revisions.
Claims approved.
Maximus Consultant Contract- there is an ordinance that does not allow any contracts to be approved for more than one year. – Baudendistel had questions and commissioners tabled it for clarification.
Online Ordinances – updated and Pennington is paying for it through the Auditor’s budget to put this online. They need the contract signed for this. This eliminates printing all the books and it also gives the general public access to it. Sheriff’s dept can go online rather than hauling the big book around with it. American Legal Publishing contract will be reviewed by Baudendistel. Commissioners are generally in favor of this online access. McHenry wants some of them updated prior to paying for publication online. Pennington will get a task force to look at them and also have other dept. people look at their codes.
Tim Grieve – Highway Superintendant- quotes back from local vendors on single axle trucks from Lischge for $87,937,54. The second bidder was for Shirk’s International in Greensburg - $82,263.09 but is out of town. Lischge Motors does pick up and deliver for repairs and is local. Lynch wants to do local business and they provide additional services and conveniences. Commissioners approved Lischkge.
McHenry asked about North Dearborn road project to clarify county ROW and work done there for Mr Smith. Baudendistel and Listerman will work on that letter.
ATTORNEY: Andy Baudendistel- none
Lynch commented on County redevelopment commission taking a bigger role in county economic development. He appreciates auditor and administrators help in those issues. Commissioners need to  take hold and be the driving force on directing the Redevelopment on those issues. Things are going well there. [ NOTE: This possibly explains the shake-up  with terminating Mike Rozow and Paul Kunkle in the Chamber of Commerce.]
McHenry - getting Animal Control in line on when they should call for sheriff help. They are getting things written up for that.
Meeting adjourned at 9:45 AM
Christine Brauer Mueller
Lawrenceburg Township