Monday, July 27, 2015

27 July 2015 Dearborn County Plan Commission Meeting Notes

27 July 2015 Dearborn County Plan Commission Meeting Notes

Present: Dennis Kraus Jr.,  Chairman, Russell Beiersdorfer, Mark Lehman, Art Little, Jake Hoog, Jim Thatcher, and Eric Lang.
ABSENT: Mike Hornbach, Dan Lansing, and Andy Baudendistel, Attorney
Also Present: Mark McCormack, Plan Director, and Arnie McGill, Attorney.

ACTION ON MINUTES- The May 27th and June 29th were approved.


Request: Zone Map Amendment; requesting to be rezoned to
Manufacturing Two (M-2)
 Applicant/Owner: Maxwell Development / Tootles Trust
 Site Location: Moore Drive, West Harrison, IN
 Legal: Sec. 10 & 15, T 7, R 1, Map #01-10 & #01-15, Parcel #033.000 & #004.000
 Township: Harrison Size: Approximately 90 Acres
 Zoning: Currently Zoned Agricultural (A) and General Business (B-2) 
It came to light that all adjoins had not been notified- especially those south of the river. Maxwell proposed that he would lop off 25 acres on the south as it is in the flood plain already and cannot be developed anyway. The attorney said they would at least have to have a survey of the 68 acre portion with the red flood plain area partitioned off with just the 25 acres in south section BEFORE the commissioners hearing the rezone and taking action. Randy Maxwell said that some of that 68 acre piece could have flood plain areas that become developable depending on the studies done there. The flood lines are broad based and so amendments can be submitted to the gov’t agencies to allow building in some of those areas. They do not actually change the map. McCormack said it doesn’t make sense to him not to change the actual map too if they allow building amendments, but that’s how it is done. 

STAFF REPORT: presented in part by Mark McCormack:

NATURE OF REQUEST: To REZONE property within an Agricultural (A) District and
General Business (B-2) District to a Manufacturing Two (M-2) District
 Zone Map Amendment:
The Applicants are requesting to rezone approximately 90.3 acres from an Agricultural (A) District and General Business (B-2) District to a Manufacturing Two (M-2) Zoning District to allow for a series of industrial uses at this location.
The Applicants are requesting the Plan Commission to forward a recommendation (either
favorable or unfavorable) for a Zone Map Amendment to the Dearborn County Board of
Commissioners, who will ultimately make the final decision on this request.
1) Please refer to Article 5, Section 540 of the Dearborn County Zoning Ordinance regarding the criteria that the Plan Commission and Board of Commissioners must pay reasonable regard to in the examination of a Zone Map Amendment request.
 SECTION 540 - Findings Necessary for Map Amendment
In preparing and considering proposals for zoning text and map amendments, the Plan
Commission and the legislative unit shall pay reasonable regard to the following:
1. The Comprehensive Plan;
2. Current conditions and the character of current structures and uses in each district;
3. The most desirable use for which the land in each district is adapted;
4. The conservation of property values throughout the jurisdiction;
5. Responsible development and growth.

2) Please refer to Article 5, Section 520 of the Dearborn County Zoning Ordinance
concerning the minimum requirements for an application for a Zone Map Amendment that
involves a Concept Development Plan.
A Concept Development Plan if submitted shall include the following minimum requirements and any other supporting information that the applicant believes addresses the specific finding used in reviewing a Zoning Map Amendment.
 Minimum Requirements:
 General Existing Site Characteristics – ownership; topography with a maximum contour interval of ten (10) feet—two (2) foot intervals preferred; soils maps (and legends);
drainage; vegetation; and other physical characteristics;
 Transportation Patterns - public and private roads and internal and external circulation
patterns, rights-of-ways, easements and parking;
 Land Use Characteristics - existing and proposed land use maps as referenced in the
Dearborn County Comprehensive Plan—including the location, description and size
(acreage) of all proposed land uses—as well as maps and accompanying documentation
illustrating the following amenities, where applicable: open spaces, neighborhood and /
or community amenities, impervious surfaces including streets, parking areas, structures
and buildings (general description of size area, intensities/densities), and proposed
stormwater drainage facilities. The proposed land use map should also accurately depict
average lot sizes and densities on the plan at a scale no larger than 1” = 200’ and should
be oriented with north, to the extent feasible, located near the top portion of the plan;
 Approximate location and number of (both) anticipated residential and non-residential
units along with approximate square footage, density and height;
 Utilities and Infrastructure: The general location(s) of existing sewer, water, electric,
and gas utilities, if applicable, that will serve the proposed development must be shown
or referenced on the concept plan. This information shall also be accompanied by
written statements from the service providers that address capacity issues as well as
affirm the capability of the applicant to have these services extended to the proposed
development. *All written statement(s) shall be considered current—if less than 1 year
 Relationship of Proposed Zone Change with Comprehensive Plan - how specifically the
proposed zone change would conflict, conform, complement or otherwise affect the
Comprehensive Plan as well as any special studies that are designed to further detail the
Comprehensive Plan in a specific area; 
 An 8.5" by 11" or 11" by 17" reduction of the plan that can be copied on a standard
 An area map showing adjacent property owners and existing land uses within 500 feet
of the parcel;
The Applicants have not submitted a Concept Development Plan in association with this
particular Zone Map Amendment request. According to Article 5, Section 520 of the Dearborn County Zoning Ordinance: “…Rezoning applications submitted without a Concept Development Plan shall be reviewed from the perspective of the “maximum allowable use” based upon the requirements, principally permitted uses, and conditional uses of the zoning being requested…”
Staff Report:
3) This property—Harrison Township, Township 7N, Range 1W, Sections 10 & 15, identified as being parcel #s 033.000 and 004.000—located on the southern portion of Harrison Brookville Road (in this section)—is currently located within an Agricultural Zoning District and a General Business (B-2) District.
*Please note: The legal description provided in association with this property may need to be modified, as there are discrepancies in the deeded acreage(s) and the taxed acreages.
Additionally, if only a portion of the subject property is ultimately recommended to be
rezoned, then a completely new legal description will be required.+
+Please refer to the ‘Floodplain/Flood Prone areas’ section of Item #8 in this report.
4) During the Comprehensive Plan Update process, County staff identified this parcel as being used for Agricultural and Commercial purposes. The proposed development site is bordered to the east and northeast by Commercial Use(s); the remaining areas of the site are bordered by Agricultural Uses.
5) The Applicants’ proposal does not include a traffic estimate, as the industrial uses associated with this development have not been specifically limited / identified—other than sexuallyoriented businesses, which have been voluntarily removed.
*Please note: The Dearborn County Technical Review Committee also has the authority to
require a full Traffic Study (in accordance with Article 23, Section 2320 of the Zoning
Ordinance) during a Site Plan Review process, if necessary or applicable.
**Staff recommends that this item be addressed as a written commitment if this application
receives a favorable recommendation.
6) Please refer to Article 25, Table 25.1 of the Zoning Ordinance regarding the minimum
dimensional standards and maximum density requirements for a Manufacturing Two (M-2) District. A Manufacturing Two (M-2) zoning classification would allow for a maximum building density of 25,000 square feet per acre. The presence of floodplain / flood-prone areas on the property makes the maximum density challenging, if not impossible to meet or exceed on most of the property.
7) Please refer to the Goals and Strategies of the Comprehensive Plan, pages 59, 72-74, 95,
110, 116, 121, 148-149
8) Land Use Designation Criteria:
Please refer to the Comprehensive Plan, Land Use Element, pages 124, 142-149
 Moderate and Steep Slopes: As stated in the Comprehensive Plan, slopes with
gradients over 20% should be avoided for clearing, re-grading, or construction. There
appear to be no areas identified in this project that are intended to be developed that
meet or exceed this (20%) threshold.
Floodplain/Flood Prone areas: More than half of the 68-acre southern parcel
involved with this request is situated within the floodway of the Whitewater River.
Approximately 2/3 of the remaining area for both parcels appears to be situated the one
hundred (100) year flood hazard area (Flood Hazard Zone “A”), as determined by the
applicable FIRM Community Panel Map. *None of this area is currently being used for
building purposes or outside storage.
 Transportation Infrastructure / Functional Roadway Classifications:
 U.S. 52 is a Category II Arterial Road—with a paved width ranging from 22 to
24 feet in this area. (4,680-6,508 vehicles per day)
*The transportation figures included in this section have been determined by referencing the Dearborn County Department of Transportation & Engineering traffic counts and County staff’s field inspection(s). These measurements are not intended to imply that there are uniform conditions on the roadways referenced.
 Sanitary Sewer: This property is proposed to connect to the City of Harrison sanitary
sewer facility, via the Dearborn County Regional Sewer District.

Technical Review Committee Recommendations and Findings:
9) Please refer to the Technical Review Report / letter from the June 15th, 2015 Technical Review
Committee Meeting. Please note that as of Tuesday, July 14th, these items remain incomplete or questionable:
 A letter / document confirming the availability of the site’s Fire and EMS services has
been received, but the letter is not from the affected Fire and EMS department;
 As noted earlier in this report, other than an acknowledgement that sexually-oriented
businesses are proposed to be excluded (by the Applicants) from consideration for this
site, there are no specific restrictions regarding the industrial uses associated with a
Manufacturing Two (M-2) Zoning District designation for this development.
10) Please refer to the Applicant’s Zone Map Amendment statement(s) and enclosures.
11) The County Engineer is reviewing the application and will provide a letter, which will be sent out separately. At present, the only vehicular access to this site is from Moore Drive, which connects to Harrison Brookville Road across from the I-74 interchange near West Harrison. But he does want a traffic study if vehicle trips are 1000 trips or more per day.
PC Board:
Art Little said that traffic counts were done along 52 recently- they should be able to get that number. No other questions for McCormack from Board yet.
Eric Lang said that his company has assisted Maxwell on this. He has not worked on it. The board decided to allow him to stay on the board for this.
Randy Maxwell presented as the applicant- for Tootles Trust, the owner. He said they have a business interested in moving into the existing building there with some renovations. They do not want their name reveled yet. 
The legal description will be taken care of. The concept development plan is not submitted as tehy do not know for sure what will happen there. They will be reaching out to adjoiners.  they think the M-2 zoning will cover most of what they can consider. This parcel allows for rail exposure, so that is good as many applicants in the past have looked for this. Maxwell said that the traffic study for 1000 trips per day is OK with them.Taking the 25 acres off leaves about 65 acres to work with. 
No questions for Randy Maxwell from the board. 
PUBLIC - no one wants to speak on this request. There were 10 neighbors in the audience. 
PC Commission Discussion:
Little- no comment- wishes him the best and hopes we get business there.
Hoog- thinks it fits in pretty well with the Comp plan.
Thatcher- nothing
Lehman-has some legitimate concerns with traffic. Without a site or improvement plan, this can go at a whole bunch of different directions. It is required at the zone change. So we should consider this even if we don’t think it will generate that much traffic. 
Beiersdorfer- I’m good.
Lang- I’m good.
Kraus, Jr.- This is in the are that the county is marketing for economic development for the tax base.

Lehman- Motioned to give a favorable recommendation to commissioners to change the zone to M-2 from Ag and B-2. The applicant needs to exclude the southernmost 25 acres closest to the Miami Whitewater and that they have a traffic study if the use exceeds 1000 trips per day. Second by Beiersdorfer.  All ayes- Passed. 
8 PM

Interviewing people for assistant planner this week. Second interviews will add some PC members to interview process. He noted that with pay he has about 35 applicants. 

Tagged 65 properties in Aurora ( by hand) and has spreadsheet for enforcement with their new affiliation with Aurora and the County. He is eliminating that process- and getting it streamlined. He talked to the city manager and the attorney to get this accomplished. 

Had money that they couldn’t touch due to clerical issues with Council and Auditor. He has worked with them to get this rectified. They have also fixed the part time hours situation for the county, but it didn’t work out with what the PC thought they had allowed for their part timer. It cut one hour a week from Jamie also. ( 52 a year) 

McCormack detailed all the work his staff is involved with now too. Especially now that they are short handed with staff. This has affected the comp plan work also. 

Working on St Leon’s Comp plan also- and they have proceeded with meetings. 

They are working on state and federal code changes in wireless communications and also the sign ordinance. The supreme court changed what rules we can apply to signage content.

The board asked him if he had a good vacation- McCormack said it was awesome. He went our West.

Meeting adjourned at 8:15 PM
Christine Brauer Mueller

Lawrenceburg Township

Sunday, July 26, 2015

AGENDA- DC Planning Commission July 27th

 Monday, July 27th, 2015 7:00 P.M. 





E. NEW BUSINESS 1. Request: Zone Map Amendment; requesting to be rezoned to Manufacturing Two (M-2) Applicant/Owner: Maxwell Development / Tootles Trust Site Location: Moore Drive, West Harrison, IN Legal: Sec. 10 & 15, T 7, R 1, Map #01-10 & #01-15, Parcel #033.000 & #004.000 Township: Harrison Size: Approximately 90 Acres Zoning: Currently Zoned Agricultural (A) and General Business (B-2) 

For Staff report on this Zoning request click on:


Tuesday, July 21, 2015

21 July 2015 Dearborn County Council Meeting Notes

 21 July 2015 Dearborn County Council Meeting Notes

Present: Randy Lyness, President, Dennis Kraus. Sr., Dan Lansing, Liz Morris, Charlie Keyes, Ryan Brandt, and Bill Ullrich. 
Also present: Gayle Pennington, Auditor and Teresa Randall, County Administrator

Executive session on another day- the Council certified that they only discussed the pending litigation and no decision was made per Lyness.

Superior Court II Judge McLaughlin - Petit Jurors and Meals Petit Jurors and Grand Jurors- She was not present so Council looked over her paperwork and approved the request for $15,600 total. She has had 8 trial in 6 months. 

Health Department- Mary Calhoun- Grant- Local health maintenance fund for $48,859 and on the budget she gave them. The second one is Tobacco trust account grant  $26,055.05 She delineated what all the funds were used for as to current part timers, general supplies, equipment, roller shelving, computers, mileage, education and training, etc. The check comes to the auditor’s office on a quarterly basis. Council approved seeking the grants. 

PAWS- Pat Hawkins- succeeded Sandy Carley as President of PAWS. Tough act to follow- big shoes to fill.  Discussion- Budget issues with their current pet load. $10,000/month received from the county. They have to take in all unwanted dogs and cats in the county. They also take care of animals for Animal Control for the county. This is a business where we want the intake to decrease- but in fact it has increased. 955 dogs and 1175 cats. In one day they took in 45 cats and kittens. The county funds were 35% and now are 27% of their expenses. Their employees costs are increased by 27%. Looking for ways to increase their revenue and decreasing their expenses. They are being mentored to get funds. They are not looking for capital expenses but operating expenses. They are looking to ramp up their media exposure. Channel 19 helps to adopt animals. Task force to go into community and get barn and feral cats neutered to help control future costs. Ullrich asked about the estate they received funds from. They had a three year payout from that - the last payment was $80,000. Not asking for anything tonight- just want them to know ahead of budget hearings what their challenges are.

Emergency Management- Bill Black- Sirens- maintenance- as they age- $4259 in bills so far. Hillsboro siren is unable to have parts purchased for anymore. Asking for $7000 to finish out the year. Sirens are outdoor warnings- 2 mile range about. Lyness asked what the future would hold for this. Last year we gave away 180 weather radios. First come first served when they get them. Reverse 911 won’t work for that. Took over an hour to contact the county residents. Maybe use storm alert on cell phones. Hamilton County just replaced all their sirens. Ullrich wante dot know if their old ones still worked. No- older than ours.  Batteries, chargers, and fuses go out. 33 sirens in the county. Approved for $7000 out of Riverboat. Cost of sirens is $20,000 for each siren.

With the grant process he had 3 Homeland state grants that commissioners approved at the previous meeting tonight. He asked Council to approve them also- $5111 for pod runner trailer system for mobile command system, $102,238.78 for simulcast unit to page out EMS and fire, and $14,117.54 for replacing computers and laptops and servers for office and mobile command. Council approved seeking the grants.

Black also let them know that he is staying on an additional month only as they seek his replacement as he retires.

Comprehensive Financial Analysis Discussion- Umbaugh- Kraus was happy with what Frank Cummings was doing for us. We have all his data from all these years showing what we have. Anybody can GUESS what will happen with Riverboat revenue. We should not be using the same financial advisors as the commissioners. London Witte should be allowed to bid also. Get three quotes,Why are we just taking one price? $25,000. 

Lansing said we may need another set of eyes, but maybe not the same set of eyes. 

Morris said they are professionals- they won’t put themselves  at financial risk by gaming the system. It’s more than a 2-3 year guesstimate. They are familiar with all the funds in INDANA. Fresh set of eyes. $16,500 is the estimate part, the rest - $8500-  is for budget work. 

Pennington said she read the agreement line by line. Some of the things we won’t have them do for us. I don’t want to give anyone access to edit our Gateway submissions. I want to do all that ourselves. I don’t want another hand in the pot. They were talking about help all year long and we could call them anytime. We could take the Form 1s and looking at the revenue and analysis, is OK, but beyond that- no. I don’t see needing them at budget time etc. 

Randall- to clarify- the commissioners are not contracting with Umbaugh. The Redevelopment Commission is though for TIF. She said their name came up as being reputable in the state. 

Kraus said where did all this come from when all we asked about was bonding? 

Lyness- was any part of the $16,500 to figure out how to pay for the annex?

Pennington- they did not send anything for tonight on the bonding.

Keyes- we cannot decide to fund annex tonight- not advertised for that. 

Pennington- It would take someone to help you if you decide to build it- to decide how to pay for it. [NOTE:Unless you pay cash.]

Kraus - how much goes into savings account every year. We could save money for the two years of Riverboat and use all our savings and pay cash for it. 


I asked about the taxes we will increase to pay for this. 

Morris response - Property taxes shift to COIT ( Income taxes now) and then they want us to add LOIT Local option income taxes too. Either way it is taxes. Just a different pocket they are dipping into. Morris - noted that savings is not the account we use for the extras - just capital projects.

I asked about what happens if Riverboat revenue decreases more- than what do we replenish the other riverboat accounts with? (Taxes)

Lyness- If we need it- it only gets more expensive if we put it off. 

Mr Johnson- I hear a rumor that we can learn to tighten our belts and live with what we have- not build it.

Council- no - the judges were all here - they need the room.

Mr. Johnson- we can put the extra courtroom in the space of the jail that is unused. I’ll tell you how we pay for it - excuse me ladies for suggesting this. We get all those bars and things along the levee and get us some ladies of the night ….laughter. I’m not kidding- You won’t forget that statement. [NOTE: Well government does love to tax vices…

PAC- Personnel Advisory Committee- DISCUSSION- Increase part time hours to 28 instead of 25 for the county government workers. Randall said the commissioners also support this. Council agreed with the 28 hours as part time now- approved. 

Auditor- Gayle Pennington- Minutes and Salary Ordinance Changes for Planning and Zoning person. Approved. 

Mike Burgess - Veterans Officer - per Pennington- $6000 grant from Lawrenceburg for transportation to VA etc. - approved and signed.

Meeting adjourned at 8:20 PM

Christine Brauer Mueller

Lawrenceburg Township

21 July 2015 Dearborn County Commissioners Meeting Notes

21 July 2015 Dearborn County Commissioners Meeting Notes

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

Alos present: Gayle Pennington, Auditor, Andy Baudendistel, Attorney, and Terri Randall, Administrator


EMA Grants- Bill Black Director- $5111 grant for pod runner that can be set up for radios etc.
$102,230.78 grant- worked with Jared for simulcast system so that paging won’t be interrupted 
$14,174.15 grant to replace several computers and laptops. Commissioners signed off on all 3 grants. They are all reimbursable grants as usual. 
Bill Black will stick around another month until replacement is found for his retirement.


Health Department- Mary Calhoun- Grant approval- local health maintenance fund $48,859. The second one is tobacco trust account to assist in public health services- $26,055.05 for part time help, wastewater, vital records, general office supplies, equipment like pool kits, shelving for historical records, and computers,etc. These are all reimbursable by the state on a quarterly basis. Approved.

Next two items were not on published agenda:
Children’s Advocacy Center- Sarah- presented their annual report. Mardi Gras raised $70,000 this year. Decatur and Jennings County has not given any funding yet. 503 kids last year. Down about 20 kids this year. Little said he’d be glad if we didn’t have any children needing this service. 

PAWS- Pat Hawkins- succeeded Sandy Carley as the director. Introduced herself. She is going to Council tonight. Their intake numbers are up. 10% up for dogs and 14% for cats from 2012-2014. 955 dogs and 1755 cats.In one day they took in 44 cats. Expenses up 44%. Spaying and neutering feral and barn cats. 

Triton Services Certification of Substantial Completion- Jail- Terri Randall- They are substantially complete finishing them off for jail- signed off by commissioners. Congressman Messer and Work One Fair is August 5th. OKI Annual meeting is also then.

Jack’s Forever 3rd Annual Run/Walk- Sat Sept 12- 8:45-10:30 AM affecting on street parking on Sneakville ,Grubbs, Green Meadow, and Garden Meadow Roads. Commissioners approved. 

ADMINISTRATOR- Terri Randall- nothing more than above

AUDITOR- Gayle Pennington- Claims and Minutes from July 7 approved

ATTORNEY- Andy Baudendistel- Resolution to transfer the unused 24 ft. box trailer from EMA to 4H for agricultural or educational purposes was prepared. Commissioners approved the resolution. The cost is $0. McHenry said that it has not worked out that they can share with Boy Scouts. 

Art Little- summer almost over and the southern part of county got hammered by storms recently with a lot of trees torn up. 
McHenry deferred his time to Celeste Calvitto and Molly from Recycling Center. With Todd Listerman- they are the Litter Committee. They have chosen the type of sign for 100 signs. Stating NO LITTERING and Maximum Fine $1000. They are going to get a Community Corrections rep on the committee. They will have a timeline at next meeting. 
Molly said Litter has 2 issues- cleanup and prevention. Litter prevention will be helped by enforcing existing laws. Creating more public awareness that there is a problem is needed. Increase public access to waste and recycling receptacles. Cigarette and cigar butts make up 38% of all roadside litter nationwide. Maybe use Community Corrections separating road waste to get the recyclables out. Have a timeline by 2nd August meeting. Celeste’s offer is open to use $10,000 for the signs and some receptacles. 

PUBLIC COMMENT- Randall noted that Art and Ruth Ann Little are Grand Marshalls at the Bright Parade. 


Meeting Adjourned at5:40 PM

Christine Brauer Mueller

Lawrenceburg Township

Saturday, July 18, 2015

AGENDA- July 21st Council Meeting

Tuesday, July 21, 2015
6:30 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana



SUPERIOR COURT II – Judge McLaughlin
Petit Jurors
Meals Petit Jurors
Meals Grand Jurors

HEALTH DEPT – Mary Calhoun

PAWS – Pat Hawkins


Comprehensive Financial Analysis Discussion


AUDITOR – Gayle Pennington
Salary Ordinance Changes


AGENDA - July 21st Commissioners Meeting

Tuesday, July 21, 2015 
5:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana



1.  EMA Grants – Bill Black, EMA Director

1.  Health Department – Mary Calhoun
Grant Approval

2.  Triton Services Certification of Substantial Completion

3.  Jack’s Forever 3 Annual Run/Walk

V. ADMINISTRATOR – Terri Randall
VI. AUDITOR – Gayle Pennington
1.  Claims/Minutes

VII. ATTORNEY – Andy Baudendistel




Thursday, July 09, 2015

9 July 2015 Dearborn County Redevelopment Meeting Notes

9 July 2015 Dearborn County Redevelopment Meeting Notes

Present: Jim Deaton, Acting Chairman, Jim Helms, John Rahe, and Randy Lyness.
ABSENT:Dave Deddens (had water main break issue)
ABSENT AS USUAL: Dusty Burress (non- voting school board member)

Also present: Terri Randall, county administrator and economic development director, Andrea Ewan, attorney, Sue Hayden, minute taker, Gayle Pennington, Auditor and DCRC treasurer.

APPROVAL OF MINUTES- June 11 minutes approved.


Update on Randall Avenue Industrial Park Sign- Kevin Ford of Signarama was contacted by Terri Randall. She passed out photos of the existing sign. The widow is still interested in selling or working with us in some fashion. She doesn't want the headache of the sign. Craig Distributing there is very interested in getting the sign done. The other businesses down there are thrilled that DCRC is getting involved. Estimated $10,000 (about $9600 or so) is the sign For an addition $1400 can be spotlighted,etc. For about $20,000 total you can internally light each sign. She wants to get all parties to the table and have the realtor- Brett Fehrman there- and the widow on the phone. The lot is 1.077 acres. Deaton said we should explore making an offer on that. Then we can do whatever we want with a sign and Rahe said market the rest of that land.$57,889 is the current price. Terri Randall- The old Randall Farm Property (interestingly enough, my husband’s family is back there too) Deaton said we can talk to the Randall Ave business owners too. They will shoot for a Thursday evening meeting sometime this month. Lyness said we’d hate to let an opportunity get away. They are looking at their TIF money in that district too. 


Approval of Claims from ED Research Grant-Oren Turner’s pay thru Sept meeting is in this. Approved.

Approval of Regular Claims- web hosting, Randall and Hayden salary in there, and OKI luncheon preparation.Approved. [NOTE: Why is DCRC paying for OKI luncheon prep? Is that legal?]

Review of Financials- Approved.


Resolution 2015-DCRC-001: Determination to Capture TIF Revenues- This is done annually to determine if any money goes back to the taxing entities. This legislation was put in place in the state for TIFs that were amassing huge sums of money.DCRC decided they wanted dot keep the TIF money as there is not that much in it yet. Deaton said he still is thinking about Terri ’s comment last meeting about building a spec building. That money could go for that. Rahe said there is not enough for that except maybe in the Washington Township TIF. Approved the resolution.  
Letter Notifying Intent to Capture TIF Revenues. Approved to keep the TIF revenues in each district. The auditor distributes the letters to the taxing districts and schools and other taxing entities in the district. Dave Deddens as President is approved to sign the letter.  

Umbaugh Agreement- Randall said that London Witte was notified that we are changing to Umbaugh and she and Gayle talked with Jason Semler about this. Randall said that she and Gayle told them they would do some things internally and rely on Umbaugh for others. They have a NTE set of fees. These are similar to London Witte fees.Randall said we will be using them more than in the past because of all the regulations and we need them to help us stay on top of things. Andrea Ewan reviewed the agreement. Approved this and have Dave Deddens sign it.

Pennington said a lot of Auditors in state were upset when they were put on DCRC board - but there are a lot of things we can provide to keep costs low and not have to use outside contractors to get that. Auditor is the official contact with Council too.     


Draft of budget estimate - same as last year - was sent to auditor’s office on time. No one saw need to change anything. Approved. 

Randall is going to VIP at REDI Cincinnati at Horse and Barrel in downtown Cinti on Monday evening. They have brought in site selectors in NKY and using All Star event to get them all in. It’s an opportunity to make some very important connections. I’m a little nervous because I’m going in but we’ll be marketing our whole area. Janelle Lee is the new rep assigned to SE Indiana from REDI. She is looking to grow their client base in Indiana. Maybe we’ll have her come to lunch and show her around. [NOTE: Now Dearborn County has to share the limelight?]

A program called Much in Common going on quarterly in Cinti area. They invite all the govt. officials in every community. Lynch and I have gone to all of them and they have given us a tool box that I have in my office. First speaker was Castellini. Other too. The next event in Sept or Oct is taking into the next level to grow our region. I have been invited to be on the panel to represent SE Indiana. That’s the first time we’ve done that. It plays into Economic Development as well as the commissioners. 

I need some direction on where you want to go with the Stone Property. Especially with a spec building. Could do a lot of stuff there. You may want those spec buildings and  “someone to craft a plan for that” so I have something to work with. Spec buildings need to be in a good area. Lyness said- the ones we (who are we?) have been building in Scott County- have those been filled. You have to find the right size Randall said- and I have no leads to respond to because I have no spec building. Lyness said the Stone Property is special and maybe we should build one there across the road. Randall can’t talk about it as it is a private property. [NOTE: Tootles Trust?] There is a business that has bought it and they will bring it and maybe work with DCRC on that. [NOTE: Wonder what connections are involved? Is this why Randy Maxwell was at last month’s executive session?] 

OKI Luncheon- trying to get others invited who may not be able to afford a seat at the table- there are some seats available at one vendors table for some needy entities who need to send people. She thought maybe Moore’s Hill, Dillsboro, Aurora, and St Leon. 
Deaton said the Dillsboro DCRC looked at Winchester to see fish farming as an option for the old lagoons from their sewage treatment plant. They have to make them clean up for this.




Christine Brauer Mueller

Lawrenceburg Township

Wednesday, July 08, 2015



9:00 a.m., 3rd Floor Commissioners Room

215 B West High Street, Lawrenceburg, Indiana

County Administration Building

I. Call to order

II. Approval of Minutes

June 11, 2015 Meeting

III. Unfinished Business

1. Update on Randall Avenue Industrial Park Sign

IV. Claims & Financials

1. Approval of Claims for ED Research Grant

2. Approval of Regular Claims

3. Review of Financials

V. New Business

1. Resolution 2015-DCRC-001: Determination to Capture TIF Revenues

2. Letter Notifying Intent to Capture TIF Revenues

3. Umbaugh Agreement

VI. Economic Development Officer’s Report

VII. Attorney’s Report

VIII. Other Business

IX. Adjournment

Tuesday, July 07, 2015

7 July 2015 Dearborn County Commissioners Meeting Notes

7 July 2015 Dearborn County Commissioners Meeting Notes

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

Alos present: Gayle Pennington, Auditor, Andy Baudendistel, Attorney, and Terri Randall, Administrator

This Meeting was preceded by an executive session at 8 AM due to pending litigation. Started meeting at 9 AM dues to this. Baudendistel had them certify that they only discussed what was advertised and that no decision was to be made. 


Veterans Services Officer- Mike Burgess- Approval for submission of annual grant for part of their transportation. Passed. 

Brief recess for McHenry to clean up after his pen exploded on his hands. Baudendistel left to get an ordinance he left on his desk across the street also. 

Planning and Zoning- Mark McCormack-
Zone Map Amendment- for Martini and Boehringer on 2.35 acres in Harrison Township from Residential to Highway Interchange.This was previously H-1 and then got turned to R. They are doing this to be compliant with zoning law. Certified on May 28, 2015 so 90 days from that to take action or it will change anyway. It is surrounded by mostly Ag and some commercial. This is on the northern end of Harrison Brockville Road. He showed slides of the area. McCormack gave them the 5 criteria for a zone change. There was no public to speak on this. Commissioners approved the zone change from R to H-1. They did not mention how it fit the 5 criteria in their motion. 

Ordinance to Change Zoning Classification- this is in reference for panhandle and flag lots. They now allow for easements and the driveways can be easements off the panhandle. They will require allowance by the Planning Director and County Engineer. This was unanimously approved by the Plan Commission to change Article 3, Section 315g of the Subdivision Control Ordinance- Approved with no public wanting to comment. Commissioners approved. 
Ordinance to Amend Appendix C of the Subdivision Control Ordinance- This gets to the uses of T-turnarounds. They need the specs for these requests to have them uniform. This is for residential ones primarily. No public comment. Commissioners approved. 

EMA Director- Bill Black- Donation of Trailer- for the Boy Scouts. 4H is interested now also. McHenry said that unless they were thinking of it as storage they could share maybe. He also noted that 4H is more of a county affiliated group, so they lean towards them getting it. Hoping they could share with Scouts maybe also. Little noted that Scouts had contacted EMA first. McHenry will contact Phil Weaver an see what 4 H had in mind. Decision at the next meeting. 
Black also had notice last week to apply for 2 different grants due by 24 of July. He is going to try to get it done before the next meeting and wants to have thumping and ratify the signatures at the next meeting. Commissioners agreed to let McHenry sign off on it. 
Mark McCormack also noted the short 2-3 weeks they often have to get a grant done. Wondered if the commissioners could streamline their approval process in the future.

HIGHWAY DEPT. Todd, Listerman, County Engineer
Award of Bridges #38  Schwippes Rd $630, 684.88 McAllister Excavating Patriot IN lowest bid- Accepted. Commissioners approved.   Other bids were: $647,309.40 Rohe  and $757,779 from a company out of Franklin IN.  
and #61 Kaiser- Rohe- $373,257.65 and McAllister- $409,564.52 and O’MAra- $549,937.70 Accepted Rohe and Commissioners approved.  
Lynch liked seeing a Dearborn Company get the business. (Rohe) Listerman noted that McAllister of Patriot had several employees from our county also.

Testing required - lowest bid was  $38,200  
$15450, $17,350 were Land and Water Contracts for both bridges. Accepted. 
Listerman will be on vacation for next meeting but will be available via cell etc. 

Health Dept- Mary Calhoun- Grant Approval- for vaccine program rates and it will help with medical billing. No count match required Approved to seek the grant.

2016 OKI Regional Council of Governments Funding Agreement- Feb 1st, 2016 due. $16,337. Lynch abstained. Approved.

Signature of Home Tenant Rates for Heart House- Baudendistel has not reviewed. Randall said she just received the back-up on this. It is a draft application form and it is due on Friday. Beckley is on vacation but will return to complete it by Friday. She suggested that they need to certify that it s consistent with our master plan so they need to run it by McCormack and Baudendistel for the legals. It is money from feds for people getting out of jail getting assistance for transitional housing. McHenry was approved to sign later this week pending Baudendistel’s approval. 

ADMINISTRATOR- Terri Randall- nothing more

AUDITOR- Gayle Pennington-Claims approved. Minutes approved from June 16 meeting.  
Pennington made a comment that the grant application process was put into place. If you want to change this process remember it was put into place to have Council and Commissioners see what was being purchased and keep control over federal funds applied for. McHenry said that some people were supervising their own grants. Pennington said sometimes it affected insurance for these items also. 

ATTORNEY- Andy Baudendistel- nothing more. He will look at the trailer situation. 

COMMISSIONER COMMENTS- Lynch thanked Justin Stevens from Dan Coates’ office for stopping in. The OKI Regional Council of Governments Is having their annual luncheon at Lawrenceburg Event Center on August 5. Good attendance from locals. Keynote speaker is the undersecretary for transportation. At least 450-500 people here. Lawrenceburg is stepping up to help also. Lynch will be absent due to vacation for next July meeting.
Little said that first responders will be at a breakfast with Randy Frye Sat morning.



Meeting Adjourned at 9:55 AM

Christine Bauer Mueller

Lawrenceburg Township

Monday, July 06, 2015

AGENDA July 7 the 8:30 AM Commissioners Meeting

AGENDA July 7 the 8:30 AM Commissioners Meeting

215 B West High Street, Lawrenceburg, Indiana

EXECUTIVE SESSION @ 8:00 a.m. IC 5-14-1.5-6.1(a) (1); (b) (2) (B)





1. Veteran Services Officer – Michael Burgess

Approval for Submission of Annual Grant

2. Planning and Zoning – Mark McCormack

Zone Map Amendment

Ordinance to Change Zoning Classification

Ordinance to Amend Article 3, Section 315(g) of Subdivision Control Ordinance

Ordinance to Amend Appendix C of the Subdivision Control Ordinance

3. EMA Director – Bill Black

Donation of Trailer

4. Highway Engineer – Todd Listerman

Award of Bridges #38 & #61

5.  Health Department – Mary Calhoun

Grant Approval

6.  2016 OKI Funding Agreement

7.  Signature for HOME Tenant Based Rental Assistance for Hearthouse

V. ADMINISTRATOR – Terri Randall

VI. AUDITOR – Gayle Pennington

VII. ATTORNEY – Andy Baudendistel





1.  Claims/Minutes

Friday, July 03, 2015

EQUALITY- This Fourth of July

Equality this Fourth of July
reprinted from IN Policy Review with permission

by Andy Horning

This Fourth of July it is clear that our society’s failings are not the constitutions’ fault. It’s our collective political ignorance and sloth that allow politicians to slip the chains and jump the fence of constitutional rule of law.

Despite what you’ve been told, the constitutions, state and federal, are still short and simple enough. You don’t need a decoder ring or a ten-dollar-a-minute lawyer murmuring incantations over your shoulder to understand the contracts to restrain our politicians.

There’s no excusing the confusion over the 14th Amendment’s words, “No State shall . . . deny to any person within its jurisdiction the equal protection of the laws.” The Indiana Constitution’s Article I, Section 23 is even clearer: “The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.”

Equality under law — it’s an old fundamental principle, but highly elusive practice, that we are all to be treated as equals by our government. Every now and then, the law is dusted off and used to the surprise of everyone but the delight of surprisingly few.

Why? Let’s be honest with ourselves. Our political order doesn’t merely wander from equality; it is predicated upon special deals for special people. Based on ever-changing categories like age, employment, income, gender, race, religion and that nebulous condition of marital status, politicians wield inequity like a matador’s muleta, with some promise of the common good.

Who really wants to change that? Clearly we can’t all get Medicare or farm subsidies. Pell Grants, veteran’s benefits, affirmative action, abortion rights and child support are all intentional, special enforcement of special inequality.

You can of course debate the merits and effect of all the inequality, but you cannot argue that people are treated anything like equally under law. We all know that the wealthy and politically connected operate under entirely different rules than we do, and we know that politicians make up their own rules.

And so, there is understandable debate when somebody invokes that word, “equality.”

Our reality is a class-based tug of war in which we defeat our enemies, both foreign and domestic, to tug away a little of what we think is ours. Every election, every court case, every new set of rules determines who wins and loses in wildly morphing spectra of taxation and subsidy, prohibition and mandate, perks and punishment.

What law or regulation, by any agency, bureaucracy, judge or even legislature, doesn’t create new distinctions and disparities in treatment that will provoke retribution? We have special-Interest groups only because we expect that everybody is treated differently under what now passes for law. And in every change, large or small, the power of the government grows, while the significance of the individual declines. Like gambling addicts, we ever-more desperately play for the big payoff, and can’t see that we’re losing everything.

Of course we could fix this. But who’d give up their special exemption, Social Security, trade agreement or loophole in order to achieve liberty and justice for all? We’d have to massively decrease the size, cost and importance of politics in our lives in order to achieve anything close to true equality among us. And of course we’d have to radically reform the biggest disparity of rights and powers of all — the incredibly corrupt mess that we call “government” today.

We don’t need any new laws. We need only resurrect the constitutions that still could make us special, more than any other nation, by treating us all, at long last, the same.

Andrew M. Horning is an adjunct scholar of the Indiana Policy Review Foundation who lives in Freedom, Ind. He was the Republican candidate for the 7th Congressional District in 2004. Horning writes frequently on classical-liberal topics and is an expert on the federal and state constitutions.
The Indiana Policy Review Foundation exists solely to conduct and distribute research on Indiana issues. Nothing written here is to be construed as reflecting the views of the Indiana Policy Review Foundation or as an attempt to aid or hinder the passage of any bill before the legislature or to further any political campaign.

2 July 2015 Dearborn County Council SPECIAL Meeting on FINANCING the ANNEX Notes

2 July 2015 Dearborn County Council SPECIAL Meeting on FIANACING the ANNEX Notes

This meeting as held in the 3rd floor conference room and was not recorded. No decisions were to be made. 

Present: Randy Lyness, President, Dennis Kraus. Sr., Dan Lansing, Liz Morris, Charlie Keyes, Ryan Brandt, and Bill Ullrich. 
Also present: Gayle Pennington, Auditor and Kevin Lynch, Commissioner
Paige Samsone and Jason Semler were present from Umbaugh and Associates

Randy Lyness opened the meeting asking about what to do with the financing and the Riverboat Revenue.

Kraus It’s hard to project where we will be with the Riverboat money- All you can do is GUESS and we can do that much ourselves.

Jason Semler- Originally- were asked about bonding. And we asked about what you might want to do is keep the cash and finance this. The trend is that the Riverboat is going down. He thought we could do projections so that we are not so dependent on Riverboat funds. What else are you using that money for?

Kraus said we put about 5.5 million into the operations of county. The SAVINGS would be what we would tap for his- and its about 9 million. 

Lynch said that we are on target to finish the jail on budget. Lynch said that about $200,000 or so is left to pay out. So about $11.2 million is spent so far. 

Lyness asked if Gayle had those numbers- She said she hadn’t gotten spreadsheets from Maxwell or Terri yet. 

Brandt asked about the 12 million for referendum- 

Umbaugh -Jason and Paige - only has to go to referendum if PROPERTY taxes are used to pay for it. You can use INCOME tax or you can even use property tax to back up the bonds as long as you don’t plan to spend the property tax.

Lansing said the admission tax will probably go away. 

Lynch agreed. There will be a switch to a gaming tax. Maybe in the next cycle in the next two years. 

Morris said every county across the state is in the same pinch. The property tax caps- everyone is hitting the circuit breakers. The level of funding went form 70% to 30% range ???
The legislature has not addressed how to make up for the loss of revenue. 

Umbaugh Jason and Paige- Their solution was to suggest people enact Local option income tax.

Lansing- but to operate it- we will have raise taxes in some form or another. 

Umbaugh- Jason and Paige- The CCD ( cum capital development ) fund would be property tax increase.  for example.

Morris- I got a 10% tax cut in my property tax. I don’t think it is right that I got a cut. 

Lansing- You can say that in here but out there the normal person gets a tax cut and they are clicking their heels- ready to go. 

Umbaugh-LOIT. CAGIT, CEDIT are options to adopt  in taxes in addition to COIT. ( County optional income tax- that we already have.)
You can adopt the public safety LOIT without the other two LOITs.
It does get distributed to the municipalities as well. 
COIT can only be done in certain increments up to1% total. 

Kraus- I think we should bring Cum bridge tax up- and commissioners should lead the way by doing that.

Cum Cap development would be what you can do. Umbaugh - Paige- very few counties  are NOT at their maximum levy rate. ( Penningon confirmed later that we are at our max levy rate)
Counties are depleting their balances because of the circuit breaker. 

Lyness- just picking a number- if we needed to bond for x amount could you tell us what the impact would be per $100,000 home/property. (He keeps trying to pin them to an estimated numb here.)

Ullrich- we do not want to deplete the savings we have got. We can use part of this. The bonding - we want to know how much interest we’d pay. The last resort on the bonding would be something to resort to property taxes. 

Morris- Want to use partial savings and bonding the rest with property tax backup.
We could do 10-5-20 year scenarios.

Gayle Pennington confirmed that Dearborn is at the maximum levy

Ullrich talked about getting more business to the county- and the ones that got away are references for more who want to come here.

Lynch- just talked to the Governor and he knows how close we were to getting that company- Milacron. Governor Kasich from Ohio came in at the last minute and threw some more money at it and that tipped the scales. You guys were really smart putting the sewer out there for West Harrison TIF.

Lyness- the intent of this meeting is to decide what scope we want on this study.

Brandt- what would it take to run a 10 year study. 

Umbaugh - Jason and Paige- we can have it in a week.

Kraus- The more we pay off with cash- the less interest we have to pay- want to avoid that 

Morris- What would you do for this fee?

Umbaugh- Paige and Jason - we would go out and find a buyer for your bonds. Then put out a booklet for all local banks etc, Then get their best rate by a certain date. 
The bond  fees have to be paid by  the bond funds. Issuance cost is $150,000 - but we have to get their fees. The big payment is the interest..
20 year bonds at less than 4%. We can have less interest with less years. 

Lynch- maybe we could reach out to others or place bonds with them. Like the hospital or conservancy district. Conservancy cannot some thought. We don’t have to go out to the open market. If they are going to do something more favorable. Karl from LHS was present and said Conservancy can.

Lawrenceburg Conservancy and DCH- Umbaugh- Jason-  will check with bond counsel for that. Library bonds maybe to.
Umbaugh-Paige we can prepare all budget documents from start to finish. We usually do two years. Then also budget analysis. Price was a NTE of $8500. This would do the 2016 budget and out a couple more years form that. 

GFC- Government Financial Consultants. We use now- per Gayle- That is Frank Cummins.

Brandt- if we can get an additional analysis with this company. 

Morris- I’d like a fresh set of eyes and a reputation through out the state like Umbaugh. ( They plan to switch from Cummins to Umbaugh.)

Lyness- we need different scenarios and a 10 - 15 year plan. I’d like to see all those options. Gayle can get with Leah and see how much we’ve got. Then we can see what it would cost per $100,000 of assessed value. 

Pennington- everyone had to have their budgets to her by today. 

Umbaugh- Paige said they could do it f they had that by end of July. 

Lansing- would it make sense to look at these scenarios to look at these after we see where we are at with budget.\?

Lyness - we need to tell them what e think we need and they can give us a number and then we can decide at the July 21 meeting. 

Umbaugh-Jason - if you want us to just do the budget- then we can do that and you see if you want us for the other study.

Lyness- no no- we want to get the bonding scenarios figured out for the annex. 

Lynch- did not want to speak on their behalf without having a couple council members with me. Terri and Shane meet with Roger Howard ( at DC Hospital) on a regular basis.
Conservancy is Dave Lorey now. 
Baker and Daniels does some lobby and legal work for the county. Pittman works at Barnes and Thornburgh now.

Umbaugh-Jason- Is there a time you wanted to start construction?

Ullrich- design in- but need commitment to the funding first. 

Pennington asked about a county that had helped LaPorte with bonds.

Umbaugh-Jason-  it would be cheaper- less interest if you could bond with these county options - so we’d do a different scenario.

Lyness- Gayle has the money appropriated in her budget- so she could make the decision- it’s up to her.

Kraus- normal procedure is for us to tell her what to do. 

Gayle said- we can’t make a decision tonight. 

Umbaugh-Jason and Paige  it would save you money to do a comprehensive financial plan for $25,000 because it is in the budget plan too. This would only do 10-15 of our funds- that are our main funds tat do our services. You have  a few more main funds because of all your different riverboat funds. This would save $10,000. The study goes out 5 years. 

Lyness- what if RR goes out- is that one of the scenarios?

Umbaugh- Jason- Once we get the model built we can add scenarios. This could be updated on an annual basis. That won’t cost as much then. Once you get past the 3 years it is more of a guesstimate.
Put it all on next agenda for July 21 so they can make a decision. 
2016 would be $8500. Annual updates NTE $15,000 including budget. It costs more if you don’t update annually because we have to start over.

Keyes wants to have the refunds to general fund tracked- can they do it? Instead we take it out of Riverboat.

Gayle- I can send you the statute so you can quit losing sleep over this. 

Keyes really does not like the way refunds get put to general fund and then spent on other items,

In reference to their proposal Paige asked-  does it hep that I’m a grad of LHS? Laughter


Christine Brauer Mueller
Lawrenceburg Township