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

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