Friday, September 27, 2013

Brewington Case covered by The Indiana Lawyer

The Indiana Lawyer published the following article on the Dan Brewington First Amendment Case which is awaiting a decision on transfer to the Indiana Supreme Court.

Thursday, September 26, 2013

Agenda October 1st Dearborn County Commissioners 9 AM Meeting



October 1, 2013

9:00 a.m., Commissioners Room

County Administration Building

215 B West High Street, Lawrenceburg, Indiana








1.  Schneider Contract for Online Permitting Software (tabled)



1.  SIRPC – Updates of Projects


2.  Ratify Signature on Letter Pertaining to Environmental Health Vehicle


3.  Highway Engineer – Todd Listerman

     1.  Road Inventory Change – Cross Drive, Aurora /Rullman Rd., Dillsboro

     2.  Contract R-30956

     3.  Recommendations for Bridge Design Contracts


4.  Highway Supervisor – Tim Greive

     1.  Additional Paving


5.  Water Lines in Right-of-Way Easement


6.  Convention, Visitor, and Tourism Commission – Board Appointments



1.  Jail Project Update – Brad Rullman

2.  EMS Training – DCH Advanced Skills Course


AUDITOR – Gayle Pennington

1.  Claims/Minutes


ATTORNEY – Andy Baudendistel










Tuesday, September 17, 2013

17 September 2013 Dearborn County Commissioners Meeting Notes

 17 September 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.

This meeting started late due to the Council meeting that preceded it.

McHenry added this item : Clothes Line Project- represented by Student nurses at IVY Tech. Rape sexual assault etc. and they are doing this for the Rape Crisis Center in Lawrenceburg, They want to display this at the Courthouse Lawn on Wed Sept 25 from 12-3. Commissioners approved this. And Lynch disclosed that he was a board member for CMHC and still 2nded and voted.


 ROW - Johnny Wright issue- Mark McCormack presented the Indian ridge area in the 1999 plat shows a 50 foot wide ROW reserved for future roadway. There is also a 15 ft wide access for emergency vehicles. As of last week lot 15 is still owned by one of the 2 development  people. The county should have accepted this- but didn’t and so now the county only has a 15 ft ROW for emergency access. Schipper and Kern are developers. Currently the driveway that is there is NOT where the emergency access is. None of the permitting depts. have received an application for the mobile home to be moved up there yet.

Kraus, Jr. said he emailed a 2 page letter to the commissioners. He researched but did not find a publicly dedicated roadway through the property. He reviewed all the plats and went thru the grantees over the years and did not find any records of a public ROW between Ridgeway and Indian Ridge.

Johnny Wright- Dennis Kraus stepped up at Wright’s request to review documents.

1894 Nov 23rd showing all the county roads of records etc. The 1899 atlas shows that ROW as 25 ft wide going up thru Bridgeway. Kraus Jr said he has a copy of this. He sent this in his email. Several deeds refer to exclusive easements which means not public.

Deed from Schipper to Kern- saying subject to all easements on the property. Clearly there were easements on the property. Oct 1988- from Schipper- 25 ft strips along Ridge Avenue and Bridgeway. Kraus Jr. shows the dedication along these streets and he has a copy of this also. McHenry asked Johnny Wright to look at McCormack’s paperwork.

Aerial map by Bureau of Land Management. It shows roads that he and neighbors in Langley Heights have used all along esp in bad weather.

Baudendistel- Exclusive easements don’t pass with land sale- they are just for one owner. He thinks a judge and/or a jury will have to decide if an easement exists.

Mrs Schipper- we bought a farm and an adjoining one behind it. There was a driveway between there. It had nothing to do with an emergency access. Ralph Thompson came up with engineer and Grieve and they didn’t want people cutting thru there. So you keep the gate closed and locked and you put signs at either end of it. So that is what they did. Thompson said Nope- they are not going thru here. It’s a gravel path big enough for a farm tractor. If the county wants to maintain it- there is a lot of maintenance to it.

Wright went to Court on these issues. Blondell and clients wanted people to have access on these previously vacated ROWs. The gate was to be put at bottom of hill and be maintained by county. Public ROW- NOT  maintained by county. Thompson’s tenure. Public ROW is controlled by federal government. Baudendistel said that Cleary ordered all parties to have Hall do the survey to establish ROWs to be completed by Sept 2013. Problems with survey monuments. Cleary has not said this survey is not done yet. If the survey is not done in time it reverts back to the owners by 12 Sept 2013. They have found original stones for original surveys.

Mr Kern- was involve din lawsuit back then- it has to do with York Avenue and another property. He dispute was where the ROW existed, not IF it existed with Benjamins. The Benjamins did not get the survey done to show this. He showed Dot Schippers property and said there was no connection with this.

Baudendistel said that there is a disagreement with Wright. If he wants to hire a title search or surveyor to show this. Lynch moved they take NO action unless additional info comes forth in the future. Little 2nded. Passed.

In regard to the Economic Development Commission setup at Council’s previous meeting: McHenry said that he takes full responsibility for info not getting to Council in a timely manner and apologized to Dennis Kraus, Sr. about that.


Signatures on Task Force Deployment - Bill Black, Jr.- because of a new application process required. Black serves on the task force. It allows him to be part of this. McHenry signed the document.

Black also asked if he could put a walk in door in the back of their building if he could find the funds for it? He wants to avoid wearing out their garage doors. Commissioners agreed to allow this.

Black talked about the ALICE safety training (for shooters) for the county. It would take comp time or shut down a building for half a day during a working day. He was instructed by commissioners to check with dept heads on how to best do this.

ADMINISTRATOR: Teresa Randall – thanked Black for setting up the ALICE training.

Construction Advisory Agreement - “Court House Project”- At the last meeting she was allowed to ask Council for $25,000 and they approved the funding. The consensus was that Maxwell would be good since they are already employed for the Jail. She asked for an hourly rate and Not To Exceed $21,500. They are to look at all the master planning that was done over the years and get the committee to get back to commissioners. This will give a really accurate assessment of what we need. “In my professional opinion” she is pleased to recommend that they enter in the agreement with Maxwell. She wants to have it in the winter quarter to assess what we have and then hire architect if needed for 2014. Lynch motioned to enter into a construction advisory agreement NTE $21,500 on Courthouse Project. Little seconded. Passed. They have an end date in Dec 2013. Commissioners signed the agreement.

A year has passed since last surplus auction. Several old vehicles and equipment. Sue Hayden has helped start this and will contract with Lutz Auction Services for Oct 26 at 10 AM on County Farm Road. They get 10% of proceeds. This is cheaper than previous auctioneer. Auditor’s office will monitor the receipt of sale funds. Approved by Commissioners.

Jail Project- change order process- 2 small items- all within the contingency. Additional  $1550 to security automation systems for an additional access reader for construction crews. This monitors who goes into jail area and the tools. Commissioners approved this first change order.  The second change order is to deduct $11,000 savings on a hood for the kitchen. She will find that form later. At end of meeting she did and Commissioners approved this.

Randall said: The new business that is coming to West Harrison TIF. These resolutions were just passed out. These are for your stamps of approval of actions other boards took. Commissioners approved the amendment to the TIF for the Whitewater Mill Allocation Area to reset the TIF clock as approved by Redevelopment and Plan Commission recommendations.  If we ever have another one of these - and I hope we have lots of these- this will be a boiler plate for them. Commissioners signed this resolution.

We are working on having the Economic Development Commission to have a claw-back to get money back from the company’s that get funds if they don’t live up to their agreement. Commissioners don’t have to sign off on EDA (Economic Development Agreement) if it was not as discussed. Commissioners signed the resolution. Baudendistel read the resolution first.

Randall wanted the Commissioners to appoint someone to the Economic Development Commission. Council already appointed their rep. She said it should not be one of the Commissioners. They will give some thought to that.

Baudendistel reminded Randall that any police cruisers will have to be repainted if bought at auction.

Lynch thanked Randall for all the time and effort she has put into this Redevelopment work. McHenry concurred.

AUDITOR: Gayle Pennington - Dearborn County Grant Application Procedures- has been working on with Baudendistel. Once they adopt and council adopts, they will all be following the same procedure. State audits have to do the federal audits as they go. Baudendistel said that this will be good to get all on the same page. Commissioners approved this. This will centralize the grants so that no conflicts occur.

Claims approved.

Bright Fire and EMS want to send Ricky Plowman to get certification at IVY Tech starting Thursday. McHenry signed off on this. Approved up to $250.

August 13 joint revenue with council meeting with no decisions made- signed off.

Sept 3rd minutes approved and signed.

Minutes of Sept 16th meeting approved and signed.

By Federal Law- have to notify each employee of health law marketplaces. Commissioners signed off on this.

ATTORNEY: Andy Baudendistel

1.  Ordinance - Building Permit Fees and Establish Online Perpetuation Fund – Pennington spoke with Shelton. This will raise fees $5. They want to keep this service going without having to ask for additional funds from Council. Council has to also approve this. They will get this to Council Sept 30th. Wade Kimmon GIS is eager to get moving on this. It will be advertised for 30 days also to become effective. Commissioners passed.


2.  Schneider Contract for Online Permitting Software- this is the company that will do the permitting, Tabled until Council approves.


3.  Ordinance - Convention, Visitors and Tourism Commission- this is housecleaning ordinance amending the old one. He said it was a 7 member board and the criteria for each member to be appointed. Commissioners appoint 4 members to this. L-bg has one and Greendale has one and council has one. Terms are staggered and politically balanced.  They are subject to open door laws etc. If the current makeup of the board does not meet this the current president has to notify administrator and they will start fresh in 2014. McHenry said that Dave Lorey is president and they are not in compliance he said. The new statute requires they fix this. Current board has 9 but only 8 show up. Andrea Ewan has been working on their by-laws too. Commissioners adopted the ordinance.


4.  Lease Agreements w/HVL- Sue Hayden caught that 3 vehicles were leased to HVL and these are renewed from July 3 2013- 2014. Commissioners signed off, HVL and sheriff will then sign off. McHenry was advised that he did not have a conflict of interest in signing off on this by Baudendistel. Each was signed by VIN number read into the record.


There ia a piece of property called Hog Back in Center township per trustee Nancy Fahey Turner that Kraus, Jr will discuss to see if county takes it back.


COMMISSIONER COMMENTS- Lynch – we need a tickler to have us review these ordinances and boards to be sure we are in compliance with state law. Pennington sends them to American Publishing every year to review. Animal Control ordinance might also need review per Baudendistel.  Pennington put ordinances online so that all depts. could review them.



PUBLIC COMMENT- Phil Darling- informed commissioners of former Commissioner Red Hoffmeier had passed away and heard funeral was on Thursday. Shane McHenry observed a moment of silence for Hoffmeier.

Lynch- today we celebrated the anniversary of our constitution. 226 years later it is still serving us well. He re-read it over the weekend.

Meeting adjourned at 7:35 PM

Christine Brauer Mueller

Lawrenceburg Township


17 September 2013 Dearborn County Council Special 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, Kevin Lynch, Commissioner and Redevelopment Commission, Andy Baudendistel, County Attorney, and Teresa Randall, County Administrator

Dennis Kraus Sr said it was pretty rude that they were emailed at 10 till 4 and expect them to decide on this without time to review. Would someone like to explain this?!

Terri Randall said that they have been competing for this Milling Company with Carlisle Ohio. They do not have anyone who does redevelopment on a daily basis. They are making a $44 million investment. Committed to us now.  Instead of cash incentives- allow them to borrow money at their own risk and pay for it with their own tax incentives from the TIF. Apologize- my day job is something else- but I tried to get things together from the legal expert .  Ask your indulgence…

Randall went on: Economic development Commission regulations by state statute. Thought this company should have some skin in the game. Our local towns have done this- like Greendale. This is our first time.  If you allow a company to borrow money you have to have a legal process. Economic Development Commission is simply a 3- person Board. If you wanted to bond out in the future you would need this board. This is a mechanism to do that. Because of the time frame we are working under. One member nominated by Council one by Commissioners and one by Lawrenceburg, Then the Commissioners formally make the appointment of these 3 people. Andy Baudendistel had nothing to add.  He said Tom Pittman from Barnes and Thornberg worked with Terri on this. He has no problem with this. Apologize that he hasn’t been as hands on as he was out for a few weeks due to the birth of a child.

Lyness said- $44 million project- but this bonding is for $2.5 million. Terri- 20 million in equipment. Another 20 million to get land out of flood plain etc. Grant helped buy the land. Kraus – cost of land – ½ million? No it was $600,000- half L-bg and half us. Now there is another piece that the Redev is considering buying of the Stone property also. Randall – my goal was to protect the county. We got experts and actuaries looking at this when they actually go to a bank. It’s up to $2.5 million they can borrow against the bond. They had to go into a really detailed process just to get L-bg company. They are a stable long term company. If you don’t bring the jobs or if you don’t live up to commitments- they owe us money back. The redev won’t see a lot of tax revenue from this particular project- but another company that has merged with them and their taxes will be considered as part of this for funds to go back to redevelopment. This allows farmers to cycle wheat into their crop rotation here.

This will be the whole county’s economic development commission. How long does board stay in place? Commish 3 years, council 2, L-bg 1 year terms. Keyes doesn’t want to make the appointment tonight. Option to keep things moving- per Randall is to have another meeting. Lansing said it’s a necessary step. He sits on Greendale’s Economic  Development Board but hasn’t had to decide anything yet.

Morris- said- we could agree to adopt the ordinance and then later have Kraus, Sr. and Barrett could give the name to Commissioners.

Morris moved to adopt ordinance as presented 2nded by Ullrich for the Dearborn County Economic Development  Commission.  Passed.

Morris moved that in 5 days Kraus and Barrett could give a name to Commissioners for their rep. Ullrich 2nded. Passed. Council’s appointment is a 2 year appointment.

Decided to withdraw this as they cannot do this- will violate open door law!!!!

Al Abdon Greendale is Lansing’s nomination. Tom Orschell Is another name. Jody Blasdel per Keyes.

Lansing motioned to nominate Orschell first choice and Blasdel is 2nd choice if Orschell cannot do it.

 Maynard Barrett 2nd. Passed.

Council signed the ordinance setting up the Economic Development Commission.

Adjourned at 5:40 PM

Christine Brauer Mueller

Lawrenceburg Township

Monday, September 16, 2013




Notice is hereby given that the Dearborn County Redevelopment Commission (the "Commission") will accept sealed proposals at the office of the Dearborn County Redevelopment Commission, located in the Administration Building, Commissioner’s Room, 215B West High Street, Lawrenceburg, IN 47025, up to the hour of 4:30 p.m. (local time) on Thursday, October 3, 2013.  Notice is further given that a public meeting of the Commission will be held on Thursday, October 3, 2013, at 4:30 p.m. (local time),  in the Administration Building, Commissioner’s Room, 215B West High Street, Lawrenceburg, IN 47025, at which time and place the Commission shall open and consider each proposal pursuant to Indiana Code 36‑7‑14‑22, for the purchase of certain real property, being made available for development purposes in the West Harrison Expanded Economic Development Area, said property including 40 acres, more or less.

The Offering Sheet containing a detailed description of and the offering price for the property described above and terms upon which the sale shall be awarded, as well as certain limitations on the use to be made of the property described above, is available for review at the office of the Dearborn County Redevelopment Commission, located in the Administration Building, Commissioner’s Room, 215B West High Street, Lawrenceburg, IN 47025.

Each proposal shall be executed in the manner provided for in the Offering Sheet.  Pursuant to Indiana Code 36‑7‑14‑22, any proposal submitted by a trust (as defined in Indiana Code 30‑4‑1‑1(a)) must identify each (i) beneficiary of the trust and (ii) settlor empowered to revoke or modify the trust.

Dated this 17th day of September, 2013.










INDS01 1418603v1





Notice is hereby given that the Dearborn County Economic Development Commission will hold a public hearing at 5:30 p.m., local time, on Monday, September 30, 2013, in the Administration Building, Commissioner’s Room, 215B West High Street, Lawrenceburg, IN 47025, concerning the proposed issuance by Dearborn County, Indiana (the “County”) of its  Economic Development Revenue Bonds (Whitewater Mill Project), in an aggregate principal amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000) (the “Bonds”).  The County will provide the proceeds of the Bonds to Whitewater Mill, LLC, or an affiliated entity  (the “Borrower”), to finance all or a portion of the costs of the acquisition, construction, renovation and equipping of land and/or facilities for use by the Borrower in its milling and related operations in the County, including working capital costs, which will be located in the West Harrison Expanded Economic Development Area (the “Area”), created by the Dearborn County Redevelopment Commission in the County.


The Bonds will not be an indebtedness or general obligation of the County and will not be payable in any manner by the taxing power of the County.  The Bonds and the interest payable thereon will be payable solely from certain revenues and properties, including certain tax increment revenues derived from the Area, as described in the agreements of the County concerning the financing of the economic development facilities.


At the time and place fixed for the public hearing, all taxpayers, residents or interested persons will be given an opportunity to express their views for or against the proposed financing in writing or in person.


Dated this 17th day of September, 2013.


                                                                     DEARBORN COUNTY ECONOMIC                                                                                               DEVELOPMENT COMMISSION







INDS01 1418607v1

Notice of Public Hearing Regarding Amendment of Economic Development Plannon Sept 30

Notice of Public Hearing
Regarding Amendment of Economic Development Plan

Notice is hereby given that the Dearborn County Redevelopment Commission (the “Commission”) will conduct a public hearing on September 30, 2013, at 4:30 p.m. local time, in the Administration Building, Commissioner’s Room, 215B West High Street, Lawrenceburg, IN 47025, to consider proposed amendments to the Resolution previously adopted by the Dearborn County Redevelopment Commission (the “Resolution”) that established the West Harrison Expanded Economic Development Area (the “Economic Development Area”) and adopted an economic development plan for the Economic Development Area (the “Plan”). The proposed amendments, which have been preliminarily approved by resolution of the Commission, would amend the Plan to reduce the existing West Harrison Expanded Economic Development Area Allocation Area contained within the Economic Development Area, to designate such excluded area as a new allocation area to be known as the “Whitewater Mill Allocation Area,” and to include addition projects to the Plan, including (1) the application of tax increment revenues from the Whitewater Allocation Area to pay principal and interest on bonds to be issued on behalf of Whitewater Mill, LLC, or an affiliated company; (2) acquisition of certain parcels of land; and (3) acquisition of infrastructure improvements.

Written remonstrances against the proposed amendment may be filed by no later than 4:00 p.m. local time on September 30, 2013, in the office of the Dearborn County Redevelopment Commission, Administration Building, Commissioner’s Room, 215B West High Street, Lawrenceburg, IN 47025.

At the public hearing, the Commission will hear any person interested in the proceedings and will consider all written remonstrances and objections that have been filed and will determine the public utility and benefit of the proposed amendments to the Plan. Maps and plats for the Economic Development Area have been prepared and can be inspected at the office of the Dearborn County Redevelopment Commission at the address listed above.

Dated this 17th day of September, 2013.



Dearborn County Redevelopment Commission








INDS01 1418594v1


16 September  2013 Dearborn County Commissioners Special Meeting Notes

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

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

Dearborn County Commissioners met to approve the Resolution 13-02 that was just approved by the Plan Commission.

Terri Randall- said the only issue is to consider whether or not you want to adopt the resolution that was approved by the Redevelopment Commission and then the plan Commission.

Baudendistel has not reviewed this but Randall has been working with Pittman on this and he has full faith in what they have done.

Lynch motioned to adopt this resolution regarding the Whitewater Development area in the west Harrison TIF. Little seconded. Approved.

Randall said she has an aggressive timeline on this. The Redevelopment is allowing them to borrow against their future tax payments. That is why there are bonds involved. They will be asking Council to get an economic Development Commission in order to do this. Commission has to seat the board- Council has a nomination and so does Lawrenceburg as the largest city in the county. They think that it would be better to not have an elected official on this board- maybe a citizen that has been on these boards.

Meeting adjourned at 7:55 PM

Christine Brauer Mueller

Lawrenceburg Township



16 September 2013 Dearborn County Plan Commission Special Meeting Notes

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

ABSENT: Mike Hornbach

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

Also present: Andy Baudendistel, County Attorney, Gayle Pennington, Auditor, Kevin Lynch, Commissioner and Redevelopment Commission, Dave Deddins, Redevelopment Commission, Terri Randall, County Administrator.

Erika Schmidt Russell covered the meeting for the Register.

Mark McCormack gave the overview of the request to approve the amendment to the TIF area in West Harrison, the maps of the current TIF and the proposed TIF area, and the resolution for the proposed redevelopment area. The proposed term is for 25 years. The original TIF was for 30 years. The actual difference then is about 2 years now.

Kevin Lynch represented the Dearborn County Redevelopment commission. He thanked the board for facilitating their request to get this special meeting. The request is to reTIF the existing TIF district to start the clock over. There is no change to the TIF area or the zoning.

Tom Pittman from Barnes and Thornberg presented – and complimented McCormack on his presentation of the request and the laws covering it. The legislature changed the law requiring that you go through all the board to redo this now. This is for economic development and redevelopment in the county.

$40+ million investment from this applicant and they want to use this process to avoid raising any taxes etc to get the incentives.  The company is in a hurry to break ground to get construction this fall. Some of this land has generated no money as nothing has happened on it yet. The law allows them to eliminate the lost time by restarting the clock on this. There is no extension of the TIF district- just the timing by two years. Your plan is not currently broadly enough written to allow this as written in his opinion and thus they want to add the reset of the base to this resolution. Is this consistent with the sort of activity you want to see in this area. From here it goes to the County Commissioners. Public notice and  a public hearing is then held by the redevelopment commission.

Terri Randall- wanted to add one more things. This project involves one parcel and there are others which will be added in support of it including one that

$1.4 million investment in sewer out there by Council. They are about to sign economic development agreement and they are bringing more with them. This will help wean us off Riverboat Revenue.

$1.4 million grant from L-bg for this also. County will bond out and use it against this TIF money. It is a complicated process. We are in a hurry because this company is ready. If winter happens then it slows them down. We want them here to really kick-start economic development.

Ken Nelson asked if they are approving this resolution from the redevelopment commission.

$2,100,000 is how much they think can be generated in a TIF incentive  in the initial period of time of about 15 years per Pittman,

Commissioner McHenry arrived at this point.

Hall asked what the $2.1 million goes for. Pittman- the company could use it for capital improvements which they own. The incentive is only generated to the extent that they pay tax so it is self-policing. If they move away – that would go away. Hall said- but these only get used in THAT area- no other part of the county. Pittman- yes that is correct.

Kevin Lynch said that Greendale did this with a fire truck that served the TIF district as well. So you can use it outside the TIF are if the services are provided to the TIF area.

Hall asked about the dirt moving in flood plain. Kraus, Jr. said that it was here two weeks ago- but that the grading plan was approved this morning. Rule 5 for Soil and Water has to be considered also per McCormack. [NOTE: Anyone worried about filling in the flood plain down there?]

Hall said that we should have known something about this before now- to better review it. We need to be a little more involved in these plans before they just appear. We would like a little more time. If this were a private citizen we wouldn’t be doing it this way. There are roads that are needing modifications to get this done. Those heavy trucks will need improvement on the road base. I don’t want to be the bad guy- we need to be more in the loop. Nelson concurred. How do we know the $2.1 million will get the job done? Pittman said he takes some of the blame for the timing, He was called in a couple weeks ago- they did not know all these approvals were even necessary. And I had to dump that bad news on Terri’s head.

Lynch said that we are competing with a city over in Ohio and that is why we didn’t talk about it. We trust you (Hall) and this board. They were concerned that if it did get out we could lose the deal. We will endeavor to do better on the next one.

Tech review approved the grading plans this morning. We had to look into silos with height issues, but they were basically exempted because of what they were.

Mark Lehman- trying to figure out the downside- nothing is ever this rosy. Pittman- once these TIFs get goping people really like it. This becomes a critical incentive. It’s not as if anyone is losing- those taxes wouldn’t have come in if they hadn’t come in anyway. Stiff competition to attract development.

Art Little- we are just extending the TIF 2 more years on only this portion of the TIF. One runs out in 20136, this one will run out in 2038.

Beiersdorfer moved to approve resolution 13-02. Little seconded it.

Discussion- Kraus asked- what if someone else wants this? Lynch said that if it makes sense, we do have the option to do this. Hoog asked what the benefit this has for citizens of the county? Lynch said that 55% of their grain is from locals in other areas they have. This would be a boon to our farm community. There is also additional income tax revenue per Pittman and the probability of that second company. The additional company will be on this parcel per Randall. This Redevelopment Commission had to work on this – the others were not working fast enough. They are moving as quickly as they can to get some master planning in that corridor. Calls are coming in all the time for this. Behind the scenes the company has been doing their own engineering. Without Lawrenceburg’s grant for $1.4million this would have gone to Ohio.

Plan Commission unanimously approved this resolution.

Mark McCormack said that the regular PC Meeting was rescheduled to Sept 30th from the 23rd.

Meeting adjourned at 7:45 PM.

Christine Brauer Mueller

Lawrenceburg Township

Friday, September 13, 2013


WEST HARRISON TIF DISTRICT has a new business coming in. The Dearborn County Redevelopment Commission has set up three special meetings.

Dearborn County Plan Commission will meet at 7 p.m. Monday, Sept. 16, in the Dearborn County Administration Building commissioner’s room, followed by

Dearborn County commissioners at 7:30 p.m. Monday Sept 16 to discuss and review a proposed amendment to the resolution / plan associated with the West Harrison Tax Increment Finance District presented by the Redevelopment Commission.

Dearborn County Council will meet at 5 p.m. Tuesday, Sept. 17, in the Commissioner Room to discuss creating an Economic Development Commission.


Agenda- Sept 17th Dearborn County Commissioners Meeting



September 17, 2013

5:30 p.m., Commissioners Room

County Administration Building

215 B West High Street, Lawrenceburg, Indiana








1.  ROW - Johnny Wright



1.  Signatures on Task Force Deployment - Bill Black, Jr.



1.  Construction Advisory Agreement - “Court House Project”   


AUDITOR – Gayle Pennington

1.  Claims/Minutes

2.  Dearborn County Grant Application Procedures


ATTORNEY – Andy Baudendistel

1.  Ordinance - Building Permit Fees and Establish Online Perpetuation Fund

2.  Schneider Contract for Online Permitting Software

3.  Ordinance - Convention, Visitors and Tourism Commission

4.  Lease Agreements w/HVL










12 September 2013 Dearborn County Redevelopment Commission Meeting Notes

12 September 2013 Dearborn County Redevelopment Commission Meeting Notes

Present: JohnRahe,Chairman, Dave Deddins, and Kevin Lynch

Also present: Terri Randall, Maynard Barrett, Andrea Ewan, Randy Maxwell.

After executive session- added Sue Hayden, Mark Neff,  Susan Craig, and Mary McCarty

Denise Freitag-Burdette covered meeting for Register Publications.


1.       Appraisals for 3 properties- old Hirlinger and Millings and Flourish

2.       Extend an offer to Project C for 100 jobs over 3 years. Have edge credits etc.

3.       Approach DCEDI to assist with funding for project Millings- $30-60K for H2O line

4.       Also Hirlinger property-  ask for DCEDIs assistance for the entrance improvements


Susan Craig and Mary McCarty from SEIRPC- gave out a sheet on their organization- economic and community development for 9 counties. She outlined their projects they have helped within our county. Brownfield Coalition grant- $600,000 from EPA. Inviting all member counties to be part of the coalition. Then you can have a place at the table to determine what they do with the money. They found out that they are on a learning curve about this process as are most agencies. Phase 1 assessment is historical assessment and archeology research. Phase 2 is doing soil testing etc. Brownfields are contaminated or are PERCEIVED as contaminated. No match required for this- but in-kind contributions make a favorable impression to get the grant. It can be things like getting training or putting info on them on the website etc. They want the letters to state what the county brings to the table. It is due in early December, 2013.

Rahe said that brownfields are in city areas and we have no jurisdiction on their brownfields. Randall suggested they get with those areas redevelopment commissions. They have done some of that already.

Susan Craig said that they need county people on this coalition and wanting the county as the main coalition member. EPA likes to fund a coalition rather than individual entities. They think they get more bang for their buck. Lynch said it is an opportunity for the county to take the lead on brownfields. He reminded them that Abdon and others at the Plan Commission joint meeting suggested this.

The committee would not be formally put together unless they get the funding. Lynch said that the redevelopment commission could make a recommendation to commissioners to participate in this. They will do this before end of the month.

Randy Maxwell went out to talk with them a bit and left.

Randall said they need to get an agreement and contract with DCEDI. Mark Neff said the chamber is paying him.  Randall discussed with Ewan and tabled till next meeting.

Terri Randall- Administrator’s report:

FTC&H Floodway Study agreement. – she met with consultant, Dennis Kraus, Jr.( Surveyor), Wade Kimmon ( GIS), and Mark McCormack. Good meeting she said. They agreed that this would be valuable to have done because it is what the county needs to have done anyway. She recommends that they waste no time in contracting with them for $8,600. It will get flood plain areas delineated. Randall said she made notes on the actual addendum for Andrea Ewan. Andrea wanted them to wait for the special meeting to sign this- so she can review. Lynch said that he heard the name of the firm and wants to check with Conservancy district to see if they have used them before. They will check with Debbie Biddle.

Attorney Andrea Ewan contract was revised to be favorable to the Redevelopment Commission. Jan 2012- she started and wasn’t charging. Now they are much busier and she is requesting payment. $150 per hour is her fee. Retainer is $1000. It is retroactive to May 1st. Retainer would start Jan, 2014. Either can terminate for 30 days notice for any reason. They also have legal fees with Barnes and Thornberg. Redevelopment Commission agreed to enter into that contract.

Project Millings and Project Flourish update- Millings as selected our site as their new home. They turned down Carlisle OH. $1.4 million approved for $700,000 across 2 years. Barnes and Thornberg firm is working on the legals. They have engaged Bayer Becker already to start Oct 1st to start building. Incentives – we provided the land and they need the grant money to bring it out of the floodplain. They are expediting all this to get TIF clock reset so their tax revenue for the next 25 years can be reinvested in the development. There will be bonding on this. They are reTIFing. County Council meets at 5 PM Tues. followed by Commissioners at 5:30 PM. This will establish Economic Development Commission and nominate a member to that Commission. They requested a Special Plan Commission meeting this Monday at 7 and Commissioners at 7:30.  She wants to get all the legals and notifications done right.

The Millings Project is a firm named Whitewater Mill LLC with a $44 mil investment in a computerized millings operation with 35 jobs. Grain storage. It will generate more rail traffic. Illinois and KY locations also for this company. The joint entity is coming later with flour etc. That will have more jobs.

Andrea Ewan has a resolution to reTIF it for Whitewater Mill Allocation area. It allows them to bond in that district and reset the TIF for 25 years. This is resolution #13-002. The Redevelopment Commission adopted this. This is very very complicated per Rahe- The public has no idea how complicated these things are.

Previous employee Paul Kunkel had conversations with the Gennesee and Wyoming Railroad and committed to certain things per Randall. She said this agreement should be with Whitewater Mill LLC. Whitewater Mill was concerned that we haven’t done this. Randall said we could sign it- but then have another agreement with Whitewater to assign it to them when they get their dirt moved. Ewan agreed they need t9o make it assignable to Whitewater Mills. They will work on this.

Randall said Barnes and Thornberg have been doing some work on this project. They are finance and bond counsel. They advocate for our interests. They prepare timelines and key resolutions, closings etc. Tax issues etc. They want to be paid hourly and pay varies using junior attorneys whenever possible. If she ever has a problem with their fees – she says they are in line with other’s fees for such services. The attorney could review this as there are no fees listed. They NEED to have a schedule of possible fees per Ewan. Ewan will review. Kevin Lynch said Tom Pittman’s fees are reasonable and he is top-notch. Also responsive.

Claims for payment:

Stone property $385 for professional services- research on the land and work with Millings on our behalf for Bayer Becker.- This is not the Stone Property per Ewan- it I s the Millings piece. Just reference Hirlinger property instead.

$2,175 to Ewan Law for attendance at meetings and meeting to negotiate property deal- 4 months of billing. There are things not on this bill- free.

$413.75- London Witte for TIF.

Meeting with Barnes and Thornberg and other community leaders  in January - $104.98 for a meal.

Approved all claims.

Zimmer Tractor- Commission invested dollars into the turn lane into the facility. Rohe contractor. Land Consultants drew plan. A line that was yellow needed to be white. Rohe was redeployed, $375 additional had to be paid. Our highway dept was not involved with this. She met with Zimmer and agreed in principle. Todd made phone calls to Rohe and held him accountable. She thought we could have gotten better deal. $3750 – should have been $2500 or so, she and Todd Listerman thought. Lynch thought Redev pay 1/3, EDI pay a 1/3 and Zimmer pay 1/3. They used TIF money to help them. And a grant from city of Lawrenceburg. Kunkel committed this. And was acting on behalf of EDI. Mark Neff said he can ask EDI if they will do this. This was during the transition time when Rozow and Kunkel were let go. Redevelopment Commission decided to pay 1/3 for this $1275- is that amount.

Budget hearing for 2014 was represented by John Rahe and Terri Randall. She said it went well. He said he has hearing loss and couldn’t hear Denny Kraus.

Council did not approve additional $25,000 they requested. They hope CVTB will fund the $50,000. She said they are operating on a very lean budget. Rahe said the $500,000 or so was not county money- it was from Lawrenceburg grants and private donations.

Sept 30 special meeting- public hearing 4:30 PM- or maybe 4 pm if no executive session. Ewan won’t be available for that.

Attorney’s report was Amendment to W Harrison TIF discussed earlier for special meetings.

Adjourned at  6:40 PM

Christine Brauer Mueller

Lawrenceburg Township