Friday, September 30, 2016

AGENDA October 4th MORNING Commissioners Meeting

October 4, 2016
8:30 a.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana


1.  Indiana BOAH Contract – Testing for Bovine TB

2.  Sycamore Gas Application – Courthouse Annex

3.  Bridge Design Contracts – Highway Engineer, Todd Listerman

4.  Commissioner Publication of Precincts – Clerk, Rick Probst

V. ADMINISTRATOR – Terri Randall
1.  EMS Training Support w/Jason Eckhoff, Bright

VI. AUDITOR Gayle Pennington
1.  Claims/Minutes
VII. ATTORNEY – Andy Baudendistel
1.  Joint Ordinance to Amend & Re-Establish Southeastern IN Regional Port Authority

2.  Disposition of Real Property




Monday, September 26, 2016

26 September 2016 Dearborn County Plan Commission Meeting Notes

26 September 2016 Dearborn County Plan Commission Meeting Notes

Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, Mark Lehman, Mike Hornbach, Art Little, Jake Hoog, Dan Lansing, Jim Thatcher, and Eric Lang
Also Present: Mark McCormack, Plan Director, Nicole Daily, taking minutes, and Andy Baudendistel, Attorney.
Baudendistel read the Title VI statement as required by law.
ACTION ON MINUTES-  Minutes from the August 22, 2016 meeting were approved. 


1. Request: Requesting 2 Waivers; (1) Create two access points which do not meet
the minimum driveway spacing requirements. (2) Create a direct access
point onto SR 48. (Tabled at last meeting)
 Applicant: Justin Noppert
 Owners: Justin and Natalie Noppert (1/3), Andrew and Susan Long (1/3), and
Jeremy and Sonya Strom (1/3)
 Site Location: SR 48
 Legal: Sec. 35, T 6N, R 2W, Parcel# 15-05-35-300-046.000-019
 Sec. 2, T 5N, R 2W, Parcel# 15-08-02-200-002.000-019
 Township: Manchester
 Zoning: Agricultural Size: 40 Ac

Additional items requested at the last meeting were submitted per Kraus, Jr. 
McCormack then presented the case with additional slides. Applicant submitted drawings of the future structures on the sites. The concept plan for the future homes was drawn out. 
Justin Noppert spoke about their plans and how the septics could be fit into the plans. Soil analysis etc were done by John Grace of Health Dept. Homes will be 3 bedrooms and 2 baths with etc traditional septic field. Below are the staff reports on this request. 


RE: Noppert Access Waiver(s) Case; September Plan Commission Meeting
Please note that for the above-referenced case—which was continued by the Plan Commission at its August 22nd, 2016 public hearing—the Applicant has supplied an updated plan / drawing
from Hrezo Engineering (dated 09.14.16). Please note this drawing / plan indicates the proposed access drive locations, as well as the location / sites for the proposed homes and septic areas for future development of Tract 1, as referenced in the original development concept plan submitted for the August P.C. meeting. **As a reminder, the Applicant is not proposing to subdivide Tract 1 into another possible lot until some point in the future—perhaps a few years down the road, if plans don’t change somewhere along the way.
The Applicant has not supplied any other photographic evidence as of yet—but he may do so
before the September public hearing. Otherwise, the Plan Commission staff will be attempting to
provide some additional photographic materials for the board and public to review at the
September 26th public hearing.
In the meantime, if you have any questions, comments, or concerns about this case, or any other business / agenda item for this month, please feel free to contact me at your earliest convenience.
As always, thank you or your time and attention.
Mark McCormack
Director of Planning & Zoning 

Staff Report:
1) The affected property, which contains a total of 40 acres, is located in Section 35, Township )
6N, Range 2W and Section 2, Township 5N, Range 2W of Manchester Township—and is
located within an Agricultural (A) Zoning District.
2) The Applicant, Justin Noppert, is requesting two (2) waivers of the Dearborn County 
Subdivision Control Ordinance. The first waiver request is:
To create two access point(s) onto an Arterial road (State Road 48) which do not meet the
driveway spacing requirements.
3) Please refer to Article 24, Section 2406 of the Dearborn County Zoning Ordinance
regarding the Minimum Spacing of Driveways.

4) Please refer to Article 24, Section 2408 of the Dearborn County Zoning Ordinance
regarding the Minimum Corner Clearances of Driveways.

*Please note:
The Applicant’s proposed access for Tract 1 is approximately 164 feet from the proposed
access to Tract 2 and the remaining property (proposed in the land division concept). This
makes the access point for Tract 1 approximately 111 feet deficient / short (to the east) of
meeting the driveway spacing standards set forth in Article 24, Table 24.4 of the Zoning
As an additional note: A panhandle tract was created in 1987 (when current access standards
were not in effect) immediately to the west of the Applicant’s proposed Tract 1. The driveway
location for the panhandle tract, if / when developed, would be approximately 171 feet away
from the Applicant’s proposed access for Tract 1—which would make this access point
approximately 104 deficient / short (to the west) of meeting the driveway spacing standards
set forth in Article 24, Table 24.4 of the Zoning Ordinance (assuming that a 12-foot wide
driveway is constructed).
The Applicant’s proposed access for Tract 2 and the remaining property (proposed in the land
division concept)—which already exists and has been approved by INDOT in 2014—is
approximately 87 feet from the existing property to the northeast. This makes the access
point for Tract 2 and the remaining property approximately 188 feet deficient / short of
meeting the driveway spacing standards set forth in Article 24, Table 24.4 of the Zoning

5) The Applicant’s second waiver request, with respect to the Dearborn County Subdivision
Control Ordinance, is:
To create one (1) direct access point onto a Category II Arterial Road.
 SECTION 305 - Street Design
B. Access to Arterial or Collector Streets
“…Where a Subdivision borders on or contains an existing or proposed Arterial roadway—or
a Collector roadway that exceeds 1000 vehicle trips per day—individual lots shall not be
permitted direct access to such streets without approval of the Commission (Please refer to
Article 24 of the Dearborn County Zoning Ordinance)…Direct access to an arterial or
collector roadway shall only be permitted if the other access scenarios such as local street
access, frontage roads, shared driveways and other forms of access control are unacceptable,
unsafe or inappropriate as determined by the Commission.
*Please note: According to the Applicant’s prepared statement, the “Owners are requesting a
direct access point on Tract # 1 to have accessibility for one additional tract split in the
future. The direct access point would then be used as a shared driveway for the two lots.”

6) Please refer to Article 24, Section 2410 of the Dearborn County Zoning Ordinance
regarding the Minimum Sight Distances.

*Please note: The Applicant’s proposed access points for both Tract 1 and Tract 2 (and the :
remaining lands), exceed the required sight distances set forth in this Section for the
proposed residential uses.

7) Please refer to Article 24, Section 2416 of the Dearborn County Zoning Ordinance
regarding the Number and Location of Access Points.
SECTION 2446 – Waiver of Requirements
The Plan Commission may reasonably waive or modify, with conditions, the requirements of
this Article, if it is determined that such action is warranted given the nature of an individual
project and such action will serve to preserve the purpose and intent of these regulations. 

9) Staff Comments:
At the time of County staff’s inspection, there were a couple of site-specific issues that
were identified that will likely need to be addressed during a subsequent platting
process (through staff review):
o The primary onsite sewage disposal system for the existing house on Tract 2 (as
proposed) as well as the planned secondary area for a septic system are located
in an area where the proposed property / lot lines for Tract 2 and the remaining
property may have to be reconfigured—or otherwise the planned secondary area
may need to be relocated to another portion of Tract 2.
o There are 2-3 buildings on Tract 2 that do not appear to have been constructed in
accordance with any Improvement Location Permit on file with the County. One
of these structures appears to be very near, if not within, the existing or planned
septic area(s) associated with this particular proposed lot. These structures
must be addressed prior to the approval of any subsequent survey plat—and will
be treated as an enforcement issue if they remain otherwise (as-is).
o The adjoining property owner / neighbor to the west of proposed Tract 1
(Schuh) indicated during a conversation with County staff that he has concerns
with the storm water runoff associated with this property and any additional
development—particularly as it pertains to the drainage along the front of his
property. Staff recommends that with respect to this particular item, that the
Applicant be advised to either direct any additional storm water volumes or
velocities towards the rear of the Owners’ property (involved with this request)
and / or that improvements be required that will reduce the impact (volumes and
/ or velocities) to pre-development rates, if not improve existing conditions.
o In March of 2016, a new 1.005-acre parcel was created through a certified
survey process. As part of the condition of approval of this particular plat, the
applicant was required to note on the survey that the existing barn was being
demolished, to address a non-compliant building setback that was being created
as a result of the parcel split. At the time of the County staff’s inspection, this
building remained on the property in a non-compliant area. Therefore, this
building must be removed—or the proposed land configuration must be changed
so that the existing building meets the County’s side and rear setback
requirements (of 5 feet). It is not known whether this latter item is possible or
achievable, with the new house on the adjoining southern property and its
associated septic areas.

10) *Please refer to the County Engineer’s report, dated August 8th, 2016.

11) Please refer to Article 1, Section 160 of the Dearborn County Subdivision Control
Ordinance regarding Appeals and Waivers.
SECTION 160 – Appeals and Waivers
“…Upon written request to the Commission, an applicant can seek a waiver of any of the
Subdivision regulations in this Ordinance. The individual request shall be reviewed and
granted only under unusual or extreme circumstances or if an equal or better alternative can
be provided that is not in agreement with this Ordinance…The Plan Commission shall
review and take action on all waiver requests that involve the Subdivision Control

12) Please refer to the Applicant’s proposed concept plan (including sight distance
information), and other enclosure materials.

Lehman wondered about the state allowing driveway access and then the spacing doesn’t match our ordinances that the state requested we use. Beiersdorfer said the site distance was good per Highway Engineer. The problem was more of one with etc first driveway that was already installed- than the second one. McCormack said it was an issue of not continuing the wrong pattern. Lansing noted that there are numerous problems with driveway spacing along the area of SR48. Comparisons with Stateliness and Bridgetown Roads and speed issues restricting how to get out and into driveways. What to do about the state allowing driveways where we wouldn’t? Noppert said that Mark Brunner of INDOT talked at length about these driveways and he noted the amazing amount of site distance they had. McCormack also noted that some structures on the site have to come down or be permitted. That will have to be done before any more surveys are signed off by the board. Noppert understood it. And he said they could tack it onto this. It would save him form being the bad guy. This is separate from the driveway request. 
Public discussion was opened and no one spoke so it was closed. 
Lang motioned to approve both waiver requests citing the INDOT mishandling of the driveway application permit process and the existing site topography as having extremely unusual circumstances. Beiersdorfer 2nded it. All ayes. Passed. 


1. Request: Requesting a Zone Map Amendment from B-1 to B-2
 Applicant: Terry Sillis / Bright Enterprises, LLC
 Site Location: Jamison Drive
 Legal: Sec. 34, T 7N, R1W, Parcel #15-01-34-404-009.000-006
 Township: Harrison
 Zoning: Restricted Business (B-1) Size: 2.46 ac, Being Lot 2
 Picnic Woods, Sec.

McCormack presented slides showing many small businesses in this area. Medical offices, vets, hardware store, pizza place, car wash, auto repair, etc. Picnic Woods apt area is to the SW and there are some single family areas also in the area. 70 % of the area will be a mini warehouse area. The remainder does not have an intended use - YET. Applicant has submitted a packet of some intended uses. Some were struck out of the B-2 list. They could also get the mini-warehouses in as a conditional use in a B-1 if this is not granted. Vinyl privacy fence proposed and landscaping with a buffer yard of evergreens.If future uses become intensive they should have to do a traffic study first to get approval. Drainage issues may exist here to some degree. Listerman stated they should share the strip mall driveway access. McCormack said 10 letters were mailed and one was returned. The returned one with a wrong address was contacted by a Council member and SHE ( Must be Morris) informed him of the item and also sent him a link to get the info on the P&Z website. Outside storage items like boats and RVs are large. Screening may be necessary. McCormack said there is another call regarding storage units. This will be the third one he’s had regarding storage units in the Bright area. There is an existing one in the saloon area coming into Bright. McCormack said it will be interesting to see if Bright needs all these storage spots. The market will probably sort that out. 

Terry Sillis- applicant- strip center was one of the first out there and he has been there for over 30 years. He tries to keep things up. When Dan and Tony approached him with the storage units he heard their concept and will help them with it once it gets approved. He talked about one possible use for the rest of the plot. He has no specific plans but he doesn’t want to tie his hands. The other uses he lined out wouldn't work there. He says with the new homes and building in Bright this is a good use to help out there. He doesn’t want to have an eyesore. The hardware store may use part to take deliveries for his business. The doctors office would have most impact if the outside storage held big boats. 

NATURE OF REQUEST: To REZONE a portion of a Restricted Business (B-1) District
to a General Business (B-2) District
 Zone Map Amendment:
The Applicant is requesting to rezone approximately 2.463 acres from Restricted Business (B-1) to a General Business (B-2) Zoning District to allow: a mini-warehouse / storage use to be situated on approximately 70% of the acreage; and a variety of other possible uses on the remaining 0.74 acres.
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.

Staff Report: September 2016
3) This property—which contains approximately 2.463 acres—is located in Section 34, Township
7, Range 1 of Harrison Township approximately 300-400 feet northwest of the Stateline Road
and Jamison Road intersection. The parent parcel, as it presently exists, is currently located
within Picnic Woods in a Restricted Business (B-1) Zoning District.
4) During the Comprehensive Plan Update process (from 2007-2009), the Plan Commission staff
identified the aforementioned parcel as being used for Commercial purposes. In fact, at present,
the parcel is a vacant lot. The proposed development site is bordered to the north, south, east,
and west by Commercial Uses; there is a High-Density Residential Use approximately 100 feet
to the southwest of the subject property (which consists of the apartment units within the Picnic
Woods Subdivision).
5) The Applicant’s proposal estimates that this development would generate approximately 50
vehicle trips per day for the mini-warehouse / storage use—based on the projected volume(s) of
that particular business use. As some of the commercial uses associated with this site—
specifically for the ~0.74 acre remaining lot / area—have not been specifically limited /
identified, additional traffic analyses may be required by the Plan Commission during a
subsequent plan review process. 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 General Business (B-2)
District. A General Business (B-2) zoning classification would allow for a maximum building
density of 10,000-15,000 square feet per acre. At this time, the Applicant’s building density is
projected to be 11,607 square feet per acre for the 1.723-acre tract, which is within the
acceptable building density that would be permitted in a General Business (B-2) Zoning
District. The Applicant has not indicated that there are any immediate plans for any buildings
on the ~0.74-acre remainder tract. 

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: The project site is not situated within (either) a one
hundred (100) year flood hazard area (Flood Hazard Zone “A”) or the five hundred
(500) year flood hazard area (Flood Hazard Zone “B”)—as determined by the
applicable FIRM Community Panel Map.
 Transportation Infrastructure / Functional Roadway Classifications:
 Jamison Road, is a Category I Arterial Road—with a paved width ranging
from 18 to 20 feet in this particular section.*
*The transportation figures included in this section have been determined by referencing both
the Dearborn County Transportation Assessment and from County staff’s observations. These
measurements are not intended to imply that there are uniform conditions on the roadways
 Sanitary Sewer: This property is proposed to connect to the LMH sanitary sewer
facility. The proposed mini-warehouse / storage use is not proposed or anticipated to
connect to the sewer system. The letter from LMH has been provided with respect to the
remainder tract and its potential future user(s).
Technical Review Committee Recommendations and Findings:
9) Please refer to the Technical Review Report / letter from the August 15th, 2016 Technical
Review Committee Meeting. Please note that as of Friday, September 9th, these items remain in
 As noted earlier, the only specific, proposed uses for the site at this time have been
identified as the mini-warehouse / storage use for the ~1.723-acre portion of the parent
parcel. Although the Applicant has removed / stricken some of the permitted uses
allowed in a General Business (B-2) Zoning District for the proposed remainder tract,
beyond these acknowledgements, there are no specific restrictions regarding the
commercial uses associated with a General Business (B-2) Zoning District designation
for this development.
10) Please refer to the County Engineer’s letter / report with respect to this case.
11) Please refer to the Applicant’s Zone Map Amendment statement(s) and enclosures.

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.
The above criteria shall be the basis for findings of fact in a map amendment and shall be
recorded in the minutes and records of the Plan Commission and the legislative unit.

PUBLIC DISCUSSION was opened and closed as no public wanted to discuss. 

Board discussion- 
Art Little said this is 300 ft from the new intersection that they spent lots of money improving. He personally doesn't want them in downtown Bright. 

Thatcher agreed with Little. He would like it to remain B-1. 

Lehman agrees that it seem odd to  have a storage unit place near the doctor office. B-2 is right there with the auto repair shop. This is also allowed as an accessory use in B-1. We just had a major upgrade on the streets  there so traffic flow will be better. Thatcher said it is also surrounded by B-1. Lehman said this should be considered under the state law criteria for a zone change. 

Lang agreed with Lehman. Thatcher interrupted Lang to plead his case more. Lang talked about it seeming to be obstructing development. Lang’s in-laws live where they can view the hardware lot- and it’s not much different from this. He thinks it can be made to look right. 

Hoog says they must play reasonable regard to the 5 items in Section 540. Done right it would be OK. He thinks it’s in character there. He doesn’t think this is out of the question here. 

Lansing- there are new homes and acts there that need this- but he is worried about the outside storage. 10 years from now- I’d like to see something else there. He sees the need. 

Hornbach- more concerned with the outside storage. And a another business there might be better, but… 

Beiersdorfer- This is their property- and it isn’t that far off from what is already there. He is concerned with the outside storage. This could be a good way to transition to the residential area. Especially if it’s done right and not trashy. If Bright wants to be a town- then incorporate - step up to the plate like St Leon, Dillsboro, etc. 

Kraus, Jr. - This might not be the highest and best use and best uses don’t always come knocking at the gate. This is what is coming in. Doesn’t think it’s that far of a stretch form other uses in the area. 

Thatcher- is OK with units - wished it was on outskirts of town. Trying to see some continuity in Bright. We have  to look 10 years out. 

Mr Sillis- had this property for 30 years Tried to get IGA up there, retail and doctors. We have Physical therapy. I just can’t get the kind of retail while its too close to Harrison and Lawrenceburg. I work hard to keep the tenants I have. It’s just not there. If it gets there- these guys will tear it down and sell it for a million bucks. He will see to it that it is done right. Just like Russell said before. I am on that page. 
The 2 buyers are aware of the buffers needed. 

Board very concerned with buffer yard increase on the west side. Trying to increase the requirement as a part of the recommendation for zone change. 

Lehman motioned to favorably recommend zone change B-1 to B-2 with conditions:
  1. Detention facility adequately sized for potential runoff
  2. Increase buffer zone to Level 2 with all evergreen trees on the south and west property lines
  3. Outdoor stage issue has to be addressed by the buffer yard height has to match the height of the outdoor storage items.
Seconded by Beiersdorfer. Nays, Little Thatcher, and Lansing. Rest are ayes. Passed to the commissioners next.


Proposed ordinance changes to the Dearborn County Zoning Ordinance and Administrative Items. Trying to fix up the location of accessory structures to side and rear yards. They are running into trouble on these items with enforcement. They were seeking advice on how to work on this to make it clearer. 

I left the meeting at this point before administrative was completed. 9:45 PM

Meeting adjourned after 9:45 PM

Christine Brauer Mueller
Lawrenceburg Township

AGENDA- 26 September 2016 Dearborn County Plan Commission Meeting

AGENDA- 26 September 2016 Dearborn County Plan Commission Meeting 

1. Request: Requesting 2 Waivers; 
(1) Create two access points which do not meet the minimum driveway spacing requirements. 
(2) Create a direct access point onto SR 48. (Tabled at last meeting) Applicant: Justin Noppert Owners: Justin and Natalie Noppert (1/3), Andrew and Susan Long (1/3), and Jeremy and Sonya Strom (1/3)
 Site Location: SR 48 Legal: Sec. 35, T 6N, R 2W, Parcel# 15-05-35-300-046.000-019 Sec. 2, T 5N, R 2W, Parcel# 15-08-02-200-002.000-019 
 Township: Manchester Zoning: Agricultural Size: 40 Ac 

1. Request: Requesting a Zone Map Amendment from B-1 to B-2 Applicant: Terry Sillis / Bright Enterprises, LLC Site Location: Jamison Drive 
Legal: Sec. 34, T 7N, R1W, Parcel #15-01-34-404-009.000-006 
 Township: Harrison Zoning: Restricted Business (B-1) Size: 2.46 ac, Being Lot 2 Picnic Woods, Sec. 

Proposed ordinance changes to the Dearborn County Zoning Ordinance and Administrative Items 

Tuesday, September 20, 2016

20 September 2016 Dearborn County Commissioners Meeting Notes

20 September 2016 Dearborn County Commissioners Meeting Notes

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

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

Baudendistel rad the Title Vi statement as required by law.



Request for Knights of Columbus for Prayer on the Square- Gerald Bruns- Prayer on the Square is set for ecumenical service for pro-life. Friday January 20th at 10 AM for about 1-1.5 hours. Approved. 

2017 employee Holiday Calendar Change due to tax payment deadline. Veteran’s Day moved from Friday Nov 10-Monday Nov 13 McHenry joked that now he gets a day off for his birthday. Approved.

Litter Update- Celeste Calvitto- Fall preview- and community corrections has been fabulous. they will do some of the same thoroughfares this fall. Road crews also have  list of large items on Kaiser and other roads tat have been troublesome. Solid waste helps a lot to to get the kids involved. Cigarette recepticals will also be looked at. Dumpster was used at the Jamison Salt facility. 

ADMINISTRATOR- Terri Randall- don’t have much- a program called Experience Works for older workers over 55. It’s a government program. The government encourages them to get some skills with computers for example. You can have them for 2 years at minimum wage for up to 20 hours per week. HR and Randall have looked at this and they don’t want to replace regular employees. They are thinking of getting a receptionist downstairs when Wanda is not here.When we get the new building we will need someone to answer questions there to get people where they need to be. This is a trial to see how that might work. Commissioners thought it would be worth a try. We can send them back if it doesn’t work out. Approved to proceed with the project. 

Thru the Travelers insurance company they have had an unannounced safety visit on the site. He gave them a couple tips for signage to warn about a couple items. Safety caps on rebar were good etc. They will come out free 2-3 more times to the site. Travelers did a review also on workers Comp. They said we are better than others they work with. Sue Ellen is doing an incredible job managing those claims. 

AUDITOR- Gayle Pennington- Claims and minutes from August 16 and Sept 6 were approved.

ATTORNEY- Andy Baudendistel- Quit claim deeds for Bridge 76 on Jamison Road. Michael an Elizabeth Uhde were not the owners- Daniel Griffin is the owner of the land the county needs to own to fix the bridge.  The quit claim deeds will fix the land back to here they were. New offer and acquisition letters will be then sent. The error was due to Beacon GIS having incorrect info per Baudendistel. Commissioners approved and signed the quit claim feds to fix the error. Part of this is a permanent acquisition and part is temporary. Sue Hayden was present to notarize them. 

Lynch- congrats to Celeste and Art’s brother for being torch bearers for the bicentennial.

Update on Bright -I-74 study. The open house was well attended and surveys were strong. Still 3 weeks to go to get more comments. Then they will have final advisory meetings and report and recommendations from the consultant. There was strong opposition from a group of mostly Bright residents. Thanks to the Beacon for covering this study for the process. The residents have been heard- we will see how the final phase goes. October is the final meeting. [NOTE: No mention of the local twice weekly newspaper or WSCH Radio station coverage of the connector road.]

Little- road project in Bright is moving along pretty well and looks like they are moving well. There have been some complaints. When they see the finished product they will be happier. 

McHenry- Was honored to read the Governor’s proclamation here on Walnut St for the bicentennial. He has listened to the Bright- I-74 folks and made it clear to them that we are listening. People see this as big opposition. I think it's great that people are getting involved. I got to know some new people. I will keep some of them in mind for spots as we need people to serve.

Little- 700 people who signed the Bright petition on the connector and not all of them lived in Dearborn County. Some from Colorado. [NOTE: There were over 1000 signatures when I read that petition and comments. Very few were from out of the county. Some of those who were tagged themselves as family.]

McHenry- Port authority met and reps were there. Hoping there will be an announcement made soon. Have been talking to others who have ports so we are ready to move forward.  



Meeting Adjourned at 5:40 PM

Christine Brauer Mueller

Lawrenceburg Township

Saturday, September 17, 2016

AGENDA- Sept 20 County Commissioners Meeting

September 20, 2016
5:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana


1.  Request from Knights of Columbus for “Prayer on the Square” – Gerald Bruns

2.  2017 Employee Holiday Calendar Change Due to Tax Payment Deadline
  “Veteran’s Day” from Friday, November 10 to Monday, November 13

3.  Litter Update – Celeste Calvitto

V. ADMINISTRATOR – Terri Randall
VI. AUDITOR Gayle Pennington
1.  Claims/Minutes
VII. ATTORNEY – Andy Baudendistel
1.  Quickclaim Deeds





Friday, September 16, 2016

Bright I-74 Open House Follow Up and Comment Period

From: OKI Regional Council of Governments [] On Behalf Of OKI Regional Council of Governments
Sent: Thursday, September 15, 2016 11:52 AM

Subject: Bright 74 Study Public Open House Follow Up


(start of the 30-day public comment period)

Thank you to those who attended the third and final Bright 74 Study Public Open House last night. We had 124 individuals in attendance and a lot of beneficial discussion. The survey and all Open House exhibits are available online now at The survey will remain open until October 14, 2016.

Before taking the survey, we invite you to review the recommendation information found on the Phase 3 page. You will see that based on public input, the concepts have been narrowed down from four to only one (Concept 1 - Improve Existing Roads).

The exhibit boards and paper copies of the survey are also available at the North Dearborn Branch Library, 25969 Dole Rd, West Harrison, Indiana 47060 until October 13.

We invite you also to forward this message to people you know who may be interested in the study and sharing their input. The Study Team values everyone's input as we work to conclude the Study and finalize recommendations this fall. If you have any questions or comments, please contact Robyn Bancroft, OKI Strategic Planning Manager, or 513-619-7662.

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Tuesday, September 13, 2016

13 September 2016 Dearborn County Redevelopment Meeting Notes

13 September 2016 Dearborn County Redevelopment Meeting Notes

Present: Jim Deaton, Chairman, Dave Deddens, Jim Helms, John Rahe. 
ABSENT: Alan Goodman (budget hearings for council), and Jamie Graf (non- voting school board member)

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

This meeting was preceded by an 8 AM executive session.
Memorandum was read and the members certified that they only discussed matters as stated in their executive session notice.
Title VI statement was acknowledged as read as I was the only person there. 

APPROVAL OF MINUTES- Sept 8 2016 meeting minutes approved




ECONOMIC DEVELOPMENT OFFICER’S REPORT:reached out to McCormack to check on the towing company property at Aurora Industrial Park.

Board  approved - Authorized Jim Deaton to enter contract to purchase property considered up to $5,000.
Get the two parcels appraised - no more than $1,000 price for both together. also approved. 



Christine Brauer Mueller

Lawrenceburg Township

County Cash Reserves are Dwindling

County Cash Reserves are Dwindling- 

Attention Taxpayers! 

At the bottom of the Register Article is Another Link to the Presentation by Paige Sansone of Umbaugh and Associates outlining the Financial Condition of Dearborn County.

AGENDA Sept 13 DC Redevelopment Commisison Meeting Following Executive Session

September 13, 2016
9:30 a.m., 3rd Floor Glass Conference Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana


I.              Call to order

II.             Verification of Information Discussed in Executive Session

III.            Action of Executive Session

IV.          Approval of Minutes
September 8, 2016 Meeting

V.           Claims & Financials
1.  Approval of Claims
      a. Regular Claims
      b. Visioning Grant Claim
2.  Review of Financials

VI.          Unfinished Business

VII.         New Business
VIII.        Economic Development Officer’s Report

IX.          Attorney’s Report
X.           Other Business

XI.          Adjournment

Monday, September 12, 2016

12 September 2016 Dearborn County Council BUDGET Meeting Notes

 12 September 2016 Dearborn County Council BUDGET Meeting Notes

Present: Liz Morris, President, Dennis Kraus. Sr., Dan Lansing, Charlie Keyes, Ryan Brandt, Alan Goodman, and Bill Ullrich. 

Also present: Gayle Pennington, Auditor and Leah Bailey

Register Publications and The Bright Beacon also are covering parts of the budget hearings. 

Paige Sansone - Umbaugh and Associates- prepared a comprehensive financial plan to go along with the budget review. 
They have  list of county funds lists and uses. This will help to tell them that some things coming out of general fund that can come out of other funds potentially.

Power point presentation: 

Identify potential funding deficits and options to mitigate those decreases in funding.They analyzed the 12 primary funds that cover the operating costs of the county.
They created a baseline from 2114-15 to project out. They based on the economy to show some issues. The circuit breaker losses are 2.6% of property tax levy. This is $216,000. Property tax levy’s going up 

Farm land assessments are decreasing in 2017. This could raise circuit breaker losses. This would make it to $500,000+ in losses. 

LOIT formerly known as COIT is increasing by 9% in 2017 so $3.7 mill rises to $4.41 million in 2018. 

10% decrease in dock receipts on RR. 6.6% decrease in the other receipts per year.

3% increase in services. Capital outlays were flatlined. 

General fund and COIT fund was split out and now the state are putting them together. 

Receipts and Disbursements were outlined. Encourage them to match the two. 2014 $17.2 mil and R $16.4 mil 
800,000 and now 900,000 were spent down out of reserves the last 2 years. 

$16.3 million should be the balanced budget for the general fund. 
2014 to 2018 mapped out. Ending cash balance should be at least 15% of budget. 

$2.6 million should be the reserve and we are more like $500,000. 

Counties with LOIT and wheel tax achieve this 15% of budget as reserves. No one wants to raise taxes and because of property tax gaps we need to look at this. 

Riverboat revenue provides strong cash reserves and going forward those are declining. 

Ending 2016 will have a 5% cash reserve.

$18. 9 million is current budget so deficit it $2.6million.
You can see that you are using your cash reserves even though they are strong. They are essentially spoken for - on things you need. 
Can switch cash reserves from Cum Courthouse and switch to general fund. Unless you need it for others. 

About $300,000 come into the Capital Improvements fund each year, but have been spending about $550,000. 
.0130 can go to 0.333 on the rate for that fund. We have gone up to that in some years. This increases the overall tax rate but increases the circuit breaker rate. 

Health Dept budget needs to look at and reduce by $22,000. Health dept has revised charges for services. $522,400 should be about what they should be this year.

911- state revenues that fund for about $700,000 evenly. Cash reserves need to be looked at. They are a little bit out of balance now. $705,600 would be recommended to balance the budget. Cash reserves are about 66% now.

Reassessment Fund- county shifts general fund and back to this fund. The fund is out of balance. They might have to project some from general back to this. $100,000 of property tax needs to go back to this from general by 2019. A lot of counties are in this boat. 

RR supported funds:
A bit confusing to them where all we spend this.
Dock receipts 97% general 3% to RR
$11.3 mil 2014 ,$10.2 mill  2015, and $9.4 mill in 2016
Paige Sansone showed that a lot is going to a set of other funds. Also some showing in RR Savings funds. 
She says that the riverboat revenues are declining at a rapid pace!!!
Riverboat Contingency- has had strong cash reserves. $709,000 in 2014, $ 573,000 in 2015 and so on. Proposed budget is $500,000 for 2017. 

Growth and Development- seeing declining revenues. Project dependent. Average reserves of $4.5 million. Money used for projects. Budget this as $893,000 for 2017.
Riverboat Savings- can make big $1.1 million coming into the fund. But we spent $7million. Cash balances are running to $10.4 million. even with the $7million spent. 

LOIT - big changes in legislation to simplify this and increased the maximum rate you can have. 

Property tax relief bucket, Expenditure bucket for certified shares , public safety, and economic development.

We have  a .6% expenditure rate and can be raised to 1.5% on this. 

Going to the max and just using public safety for the sheriff, jail etc. is what a lot of other counties are doing. That goes them the most money to shift. Could go to 1.2% perhaps. There is room to do property tax relief. 

Homestead deduction $45,000 plus another 35%- so two of these still used. Good deal for homeowners- not owners of rental property.

Dearborn county has 68% of population so they have over 50% of the vote and can enact LOIT increases on the whole county alone.

Wheel tax also is an option. These can help with declining riverboat revenue.

Property tax projected for 2017 is on p 8 of financial report- $7.5 million. Estimating a total of $16.3 million in revenue. 

Morris said it’s not happy information- but it is good data. Budget is flat. 

Glen Wright- RECORDERS OFFICE- Morris asked about the $500 for uniforms. These were to identify the staff for people coming in. Also need signage in the building to show where all the offices are. Morris suggested magnetic name tags for the staff instead of etc uniform shirt- functional and permanent. Council didn't see need for the uniform though Wright argued that the staff needs to look professional but also not have something that can’t handle the old books and sharp corners in etc office. Wright also brought up the safety issue when they had a situation last week. They need to have safety committee meet again perhaps. Both that and the signage are to be addressed to etc county administrator by Wright at Morris’s request. 

Rick Probst- COUNTY CLERK- some restructure in the office staff covering different duties. Has two employees moving from Deputy 3 to 2 and one moving from Deputy 2 to 1 in the office. Still has 5 Deputy 3s (entry level position.) One of the built in wall shaves is going away with the remodeling in the annex/courthouse. He has to replace that. Computer for finance manager and office/IV-D Manager. Part f his rotating replacement schedule. Going to get about16% of the 2nd computer out of IV-D budget. No elections  in year 2017. Changes in election law make our equipment out of date after this election. They will refurbish it to comply with current contractor. It could last about 10 more years then. Also concerned that changes in federal election law are coming so no need to make major expensive changes before that. Shelving units could qualify for perpetuation fund- which has $25,000?

Dr Scudder and Mary Calhoun- HEALTH DEPT- nurses deposits now go into health fund. Starting program to get Medicaid. Increased fees are bringing revenue in line. 31 applicants to fill a vacancy in health dept. Try to get budget to $530,000 for 2017. 
DC Regional sewer District- DCRSD- consider spinning them off- $4.5 million even and $1.2 million left.  - in their budget. Special district - and they can still be special agency like solid waste but file with the county. They won’t be able to levy taxes. Council decided they need more info on how the would work. This was brought up by state board of accounts. Renihan, Stenger, Hankins, Wentzel, etc on that board. Pennington to get more info on this for Council. 

Terri Randall- and Shane McHenry- COMMISSIONERS - Salaries- GIS coordinator moved to P&Z so McCormack could supervise. Asking that payroll for this move to P&Z. Also getting other parts of the budget moved on that. 
Done projections for Worker’s Comp. Getting closer to not having a True-UP. $150,000 for WC and $50,000 is in highway. Total expenses for county she’s rounding to $180,000. Sue Ellen keeps on this per Randall. 
Transitional re-insurance- is the Obama Care. This year we paid $21,000. Taking this to $30,000. 
Unemployment insurance is $55,000 - take it to $35,000. based on what we spent this year. Unemployment claims have gone down. Sue Ellen has done a good job of defending the county. 

Lawsuits and settlements to RQAW- Kraus asked what that was about. Randall talked about County retainer at $28,000. Base for county attorney. He bills for additional services. Deductibles on liability insurance. As to RQAW- Still in litigation over that contract- breach of contract suit. Currently going to mediation with them. They went over and beyond per Ullrich working on the design. We have no breach of contract coverage. Other legal fees are what we normally run. 

Liability insurance is 6% increase.  

Gasoline- Morris asked about lowering it to $20,000 for the year. 
EMT training went up a lot. Randall said they used $100,000 and took $10,000 to get the website set up to get more volunteers. The other money s used as incentives to the squads to make the first runs. 

Antivirus software and back up software and computer license. The antivirus is for 3 years. The GIS software expense on this moves to P&Z. 
Midwest Data contracts separately for the courthouse and for the admin building. They are considering putting them all together.Morris said to leave the numbers alone for 2017. They can pursue that for 2018. Looking it as one big number would be a bigger number to negotiate. 

McHenry showed up at this point. Kraus asked about the $120,000 for a lobbyist. It’s $72,000 for Lewes and Kappas in the past. McHenry said that the Barnes and Thornburg covers more for the $120,000 than just Riverboat Revenue. They cover the federal and state issues. Every Friday there is a conference call with them and they go over every bill that is being discussed. AIC has a lobbyist and they represent all counties per Morris. Does she not think that Barnes and Thornburg represent other counties beside us? Barnes and Thornburg has many clients for which they lobby.

Terri Randall and Jim Deaton- REDEVELOPMENT- Started classifying things under marketing now so that signage or flyers go into that. $50,000. Redevelopment members have to be bonded- $2,000. Only $500 was expended. 

Kraus- brought up the salaries for Council and Council’s budget- legal dues, education etc.Kept legal as a placeholder with $150. Travel and mileage is mostly on Morris. Trying to do more webinars to save mileage. 

Child Advocacy Center- Morris very reluctant to give it up. Even though they have other funding. 

Cutting Youth Services- as they have had hardly any requests for it really. Cut it to $1500. 

Cutting New Horizon’s per Morris as they have federal funding. New Horizon’s have healthy lunches at the library per Pennington.

RSVP was cut in half last year- they do a lot for etc Bright Fire Dept and festival stuffing envelopes.  

Lunch break- 12-1

1:05 Pm resumed.
Aaron Negangard- PROSECUTOR- Morris said- we don’t have an axe for your budget- using a pocketknife. Negangard looked at his budget said he thinks it is pretty much on course with what he had last year. Obama overtime rule applied to one of his employees. Pennington said that this was the only county employee this applied to. Victim matching fund- Negangard said the way a victims grant worked over the years- it started out and grew with raises and such and so now there needs to have more county money to balance that out. Grants started since McLaughlin was prosecutor. The match was done in-house and sometimes there was no specific cash money to match. Morris said witness fees is double what we spent last year. He has been funding it out of various accounts. Negangard said he had paid some of this out of seizure funds. Council cut this to $10,000. Negangard said this includes all witness fees. AIT is a big part of this is by blood testing for alcohol at $180 each. The reimbursements from the arrested person is not always coming in. DRUG driving also is driving this cost up. They can supplement this out of seizure. Pennington asked if this was something withheld out of the bond. Answer no. Several thousand dollars a month- like $5-6,000 a month. Office supplies $12,000 and asked for $20,000. Spent almost $15,000 i 2015 per Ullrich. Negangard wanted to keep it all. Negangard said 10-15 years ago we didn't have audio-video. Body cameras- store data and type it up if it goes to trial. Transcription for trial costs several thousand dollars. Again- we will supplement that money out of seized account. So he knocked that back to $20,000. He wanted to have a budget to show them what was being spent. So he just uses his seized accounts to cover the rest??? Whenever??? Is this seized account audited?

Longevity jumped from $3900 to $10,000 how did that happen if it was frozen? asked Morris. Leah Bailey said she did corrections to fix it at the end of every year. 

Pre trial diversion- Negangard said it fluctuates from year to year. This is based on cases. It increased in excess of income last year so he is cutting it back.

We started up SCU Special Crimes Unit with seized money. He felt there needed to be clear lines on how money is spent with mayor’s board oversight and he thought it would be appropriate to have Council’s oversight. It provides transparency. Lawrenceburg gave $75,000 last year. He is pointing our=t again what is being supplemented. Morris said she is appreciating how he is trying to help county general out by supplementing with his seized accounts. Even though SBOA approved this years ago he wants more transparency and he wants the Council to know what it really is costing. The way SCU works the officers are answerable to their own police dept. Their main salary is paid out of that money. If they work OVERTIME on a case, the SCU reimburses OT pay for the unit. They just recently worked a case with Ripley County, but they aren't part of this. 

Ullrich- said this is all like what was reported in the NY Times article. Really I wanted you guys to see what we are doing with it said Negangard. [NOTE: Question- I wonder what happens when the seized funds get cut by the Dept of Justice? Then how do these services get paid? Is this what is behind the push to possibly increase LOIT for the  Public Safety so it goes to  jails, sheriff, courthouse? It was note that 60% of the budget is already sent in those areas. If we were to rase taxes perhaps it should be for the general public and go to roads, bridges, and infrastructure.]

Cell phone analysis's being done know on any case when we seize a phone. Also computers. We had a case where a guy killed a one year old on his birthday. On his computer there were searches that showed he had asked questions about what happens when you stomp on a one year old…

Morris noted that this money could be spent in others ways- it’s just sad we have to spend it to protect us from this element. Negangard said what was not in the article is the amount of time we spend trying NOT to incarcerate people. He thinks we have a model for other people. JCAP-  how it reduces recidivism by half. Negangard says our judges are innovative on their approach. We have strong law enforcement. Recently expanded JCAP to 48 beds. He thinks what we are doing in Dearborn County is working and improving safety. 

Ullrich asked about what Negangard thinks about increased availability of Narcan? Negangard said there has to be consequences. Some people are using their entire supply of Narcan on one person! And they still don’t reform. Some places do not arrest on Narcan calls. He disagrees- if they can make an arrest, they do. There needs to be consequences. Hold people accountable even as we are saving their lives. 

Adult Protective services- there was a series in INDY Star a while back on this. People are being taken advantage of and the legislature acted. Dearborn County is a HUB county serving 5 counties in the region. They administer the resources. Switzerland, Jefferson, Ohio, and Ripley County. Future of APS will be a big issue in the next legislature. They now no longer subsidize this in his office- he has now made it match up to what they are granting. Nothing out of county general on this.

[NOTE: It is apparent that a lot of programs are run by grants with seized funds subsidizing it.] 

Prosecutor, Clerk, and County General Incentive money- he gave to us- and now it has to be spent on child support. This covers that case worker. 

Lifetime Resources- requested $10,000. They have over $950,000 in grants in the county. They went over all the programs they provide for the elderly, in home, catch a ride etc. They keep ride prices low. The bus schedule depends on what people request- it is not the same day to day.

Solid Waste- Sandy Whitehead- Director. Requesting the same budget that they had last year. Approved their budget- Solid Waste only has to present for approval- they are a free standing agency. She will get a DLGF form for them to sign for this later.

Surveyor- Dennis Kraus Jr.- Council cut several items by about $250 each. Conferences, education and training, mileage, etc. Tires will roll over to 2017 budget if he has a quote on them this year. Printer money is running low this year. 

I left after this at about 2:15 PM 

Christine Brauer Mueller

Lawrenceburg Township