Tuesday, September 25, 2007

24 Sept 2007 Dearborn County Plan Commission Meeting

24 Sept 2007 Dearborn County Plan Commission Meeting

Present: Hall, Chairman, Held, Cheek, Nelson, Thompson, and Kraus, Jr.
Absent: De Maynadier, Feiss, and Laws.
Also present: McGill, Attorney, McCormack, Planning Director, Rademacher, Enforcement Officer and Planner, and Ionna, Ass’t Planner.

The sound system wasn’t working right- used the tape instead to start the meeting.

Old Business on White Farm Development remains tabled until Oct 22 meeting.

New Business:

Primary approval for 8-lot subdivision- Perfect View. Owner: Tom Kent/H Wayne Ferguson, Jr. Family Ltd. On Cambridge Road in Miller Township- on 115.93 acres. They rezone on this land to Residential is not complete yet as all the commitments for that rezone have not been fulfilled to date. For the purposes of this request the land is considered as Ag zone.
This was moved to a major subdivision request because it included an extension of a public road. [NOTE: If the access into the 8-lot subdivision had been a private drive, would this have come to the PC or just tech and adm. review?]

Cambridge Rd is a 9.8-11 foot one-lane road.
It’s about 0.4 miles long with 4 homes on it.
A building permit has been issued for the 5th home to be built at the end of the road. [NOTE: Interesting that the ordinances somehow allow for a permit to build a home on a substandard road, but they won’t allow an extension of that road for a subdivision. It would seem the same rules SHOULD apply to both requests.]

There are site distance issues at Cambridge and Georgetown both entering and leaving Cambridge. The dip in the road and the curve at the entrance are contributing factors.
There is a separate entrance to Cambridge that has been opened by the neighbors there- it is actually the original Cambridge Road as shown on the 1937 aerials. This entrance also is one-lane “gravel.”
There are issues with ROW acquisition- as there is 25 ft on one side of the road and the Craig family does not want to give any land to ROW.

Kent is willing to upgrade Cambridge to county specs but will increase the lots to 14 at 5 acres each to compensate for the expense.

The extension of Cambridge does not exceed the 25 homes per one entrance requirement per Listerman.

Three members of the Craig family spoke at the meeting. They emphasized the danger at the intersection with Georgetown, they have right of first refusal on the Baker home at the corner there and stated she is also not inclined to give ROW. School buses turn around in driveways at end of Cambridge. The Craigs cut the old road bed out and it is private property- not Cambridge Road. [NOTE: If the road has been publicly used for a long time- it may no longer be private property (squatter’s rights) and if there is no record of vacating the old road- that may also be an issue.]
Craig indicated that he’d recorded that part of the “road” at the courthouse- it is his road.
The newer section of Cambridge was cut through by BE Jackson (whose Dad owned Jackson Hardware per Craig) with the county.
Davis Family owns part of the side road Craig cut through.

Cheek asked about one lane and if it was part of county inventory.

Held noted that ordinance says we can’t permit access unless there is 2-way traffic.

Thompson noted the site distance issues and said he liked the plan and that “8 lots beats the hell out of 55.” He asked about putting a road up from Salt Fork. (steeper)

Nelson- wondered if fixing the dip would fix site distance issues.

Kraus, Jr.- doesn’t think there is enough ROW.

Kent said without ROW we’ll have to build road from Salt Fork. The first aerial of county in 1937 shows the south entrance as the real Cambridge Road. They own the property and have to do something with it. He is willing to bring Cambridge to county specs.

Cheek said it was too bad the parties couldn’t cooperate.

Thompson motioned and Nelson 2nd to deny because of site distance and ROW issues on Cambridge. 5 ayes. Primary Plat denied.

Ferguson stated- someone is building back there NOW!- they will have 5 homes on this street and we asked for 8 more. Building permit was issued for a one- lane road.

Tape ran out and the sound system wasn’t fixable- PC took a recess during this time.
It was decided to have the rest of the meeting rescheduled.
Article 4 ordinance changes will move to Oct 22 meeting.

The master plan will be at a special meeting and will be FIRST on the agenda on Oct 29 at 7 PM. There may be an OKI presentation AFTER that.

ADMINISTRATIVE:

1. Letter to INDOT on issues with I-74 Bridge REHAB project will be sent to other higher up officials as the Seymour office did not seem to want to listen to the County input. County is concerned that the bridge rehab is insufficient to hold what is planned for that area.

2. OKI will meet with the county and discuss the funding of their fiscal planning. They think our dollar amount will be minimal for this.

3. Earl Dawson asked about the TIF zone being in St. Leon’s buffer area and how the county was handling that. It seems the landowners can remonstrate but county can’t.

4. St. Leon Comp plan meets Oct 3rd again on buffer zone issues.

5. Wade Hummel of Hummel Electric presented disturbing information on Sugar Ridge PUD owner Mike Macke. Apparently, Hummel Electric is not getting paid for installing the light at Stateline and Stephens and Macke’s bond lapsed. He will be pursuing him in civil suit. Macke told Hummel his business associate Carl F Tuke ran off business and now Macke is insolvent. The 60 days for Macke to get bonds covered is up in early Oct. Nelson motioned and Cheek 2nd to go to commissioners in support of them holding ALL permits for Sugar Ridge except those for single-family homes currently under construction. He referenced his motion previously in the August meeting minutes to be included as part of this motion.All ayes- unanimous.

Meeting adjourned 9:20 PM

Christine Brauer Mueller
Lawrenceburg Township

Sunday, September 23, 2007

REMINDER- Country Master Plan PUBLIC HEARING MONDAY NIGHT

REMINDER- Country Master Plan PUBLIC HEARING MONDAY NIGHT

The Dearborn County Plan Commission will hold a public meeting to review the draft Land Use Element of the Comprehensive Plan on September 24th, 2007 at the Administration Building (in Lawrenceburg). The public hearing will begin at 7:00pm, although the proposed Comprehensive Plan amendments are not scheduled to be reviewed until decisions have been rendered for all other case-sensitive items that are on the agenda.

Following the presentation of these items, the Plan Commission and its staff will review the Land Use Element update and will field and address questions, comments, concerns and recommendations from all interested county property owners, business owners, and residents.

The Plan Commission then forwards a Favorable or Unfavorable Recommendation to the County Commissoners. County Commissioners then vote on the plan.

All interested parties may obtain an agenda or staff report for this meeting by visiting the Department of Planning & Zoning office-located on the third floor of the Administration building-or by accessing these items online (via the 'PUBLIC NOTICE' link) at the following website: www.dearborncounty.org/planning

Wednesday, September 19, 2007

18 September 2007 Dearborn County Commissioner Meeting Notes

18 September 2007 Dearborn County Commissioner Meeting Notes

Present: Hughes, Chairman, Fox, and Thompson
Also present: Pickens, Auditor, Ewbank, Attorney, and Messmore, Administrator

Uniformed police officer was present.
The room was full to capacity with a few people in the hall and standing all along the sides of the room.

Harrison Fire and EMS Contract remained tabled.

Dillsboro EMS Contract was signed after Randy Jackson presented their budget and a list of excuses as to why the all-volunteer dept. is missing so many runs. Thompson voted Nay because he had explained earlier that Dillsboro was meeting in executive session this evening to discuss the EMS problems and to see if they could provide some way to get better service. He thought Dillsboro should be given a chance to weigh in on the issues and then perhaps structure the payments to get better service. Hughes pushed hard to get the contract signed and Fox seconded. Two Ayes, Thompson Nay. Passed.

Collier Ridge Road Slip- was moved up to accommodate most of the residents who were in the meeting. John Graf of Barth and Associates (Steve Barth also present) explained 4 alignments (including the original one) they will be studied for $8,000 to determine the best fix for the road. There are apparently no funds the county qualifies for or are if qualified, are even available, for this fix. (Example STP- Strategic Transportation Program Funds)
Two substandard bridges are also in the mix and are a problem with fire protection and larger trucks. There is also an issue with the RR crossing. They have soil boring showing bedrock about 20 feet down.
It will take about 6 weeks to get the feasibility study done. That puts possible construction at early to mid November at the earliest.

Fox wants to use a similar alignment to the original just moving road to the right and having the LeMasters property owners (daughter and son) “donate” the land for the good of the area. [NOTE: Fox (twice) has previously been suggesting relocating the road up over the hill- in past meetings.]

Residents’ asked numerous questions about the problem, questioned what was being done as exacerbating the problem in their opinion, worried that they would end up with a road closing and two cul de sacs, and asked about the safety of the current markings with kids driving etc.
Fox said that the commissioners didn’t say anything about a cul de sac or closing the road. It was not their intent to close the road. [NOTE: Intent or not- the road WILL be closed if it deteriorates further and/or if the Council doesn’t appropriate money to fix it. It’s a matter of time and money. Residents may want to check out their Council reps to see if the funding is available. This road has about 400 vpd and so is not considered a major road. ]
Todd Listerman will update Riley and Glenn families about their progress and they will be contacts for the neighborhood. He will also look at further safety measures along the road until it is fixed. Hughes said something about two heads being better than one in answer to getting public and consultant input.
Thompson moved and Fox 2nd to proceed with a feasibility study as expeditiously as possible. All ayes.

RISE 2020 (Rural Indiana Strategy for Excellence) and ORCA (Office of Community and Rural Affairs) -Heather Powell, Erica Speer, and Andrew Finick (sp?) presented an overview of the Hometown Competitiveness Program and told Commissioners that 12 areas will be in the pilot study. Applications due on Oct 4. For $7500 investment by the community they get a 3 day training and phase 1 consultations with the “team” of advisors including USDA Rural Dev., PCRSD ( Purdue Center for Regional Dev.) Ball State- Building Better Communities, IRDC- Indiana Rural Dev Council, and Indiana grantmakers alliance.
They tout this as a Come Back – Give Back approach to community building. One of the 4 pillars this segment is built on is attracting young people. [NOTE: I couldn’t help but note that there were 3 young energized people presenting this concept to a board whose youngest member is in his mid 40s.]

The other 3 pillars are:
Mobilizing local leaders (and they are looking for a diversity of leadership- (not something our commissioners have been known for selecting),
Energizing entrepreneurship- (which requires communication and collaboration with Lawrenceburg and the local towns), and
Capturing wealth transfer (with the idea of finding out of town landowners who have inherited this wealth in land and trying to convert at least 5 % into charitable assets.)

This program uses CDBG and HUD grants, CFF (Community Focus Funds- max award $ 500K with 10% match), Planning Grants (max award $50K with 10% match), Economic Dev Grants, Rural Workforce Grants ( max $150K), and Urgent Needs grants.
They cautioned that his is a LONG TERM approach taking 15-20 years. They plan to use the 12 pilot communities around the state and customize the assistance to each community. Andrew said: Kids can stay in town and create their own opportunities- not have to move away. Messmore talked about the hospital and health care opportunities in the county now. [NOTE: He’s finally noticed the expansion of a large good paying employer on Ludlow Hill.]
Andrew cautioned that this approach is more cultural than entrepreneurial. We will get $200,000 invested in agencies in direct in-kind technical assistance.
Messmore talked about expanding our 800 acres of parkland to 3000 acres. Hughes focused on the entrepreneurs and said he goes to RISE 2020 and gets all excited and then he comes back her…
Mark McCormack asked about the 50,000 population limit for the county and was told that wouldn’t be a problem- that was a rate limit for municipalities.
Messmore will make application by Oct 4.

Planning and Zoning- Mark McCormack presented two cases and only one minor question from the public on density issues in the text amendment came up.
Bamberger’s rezoning from Ag to B-1 was passed unanimously in Logan Township on Steele and North Dearborn Roads using the same restrictions that the PC placed upon it and noting specifically that it met all 5 criteria for a zone change. Thompson moved Fox 2nd . All ayes.

Text amendment for section 1640 on major and minor changes to PUDs and how they will be handled by tech review board and the PC passed and the previous section 1640 was repealed. Fox motioned and Thompson 2nd. All ayes. Historical pattern of Sugar Ridge development and issues there prompted this change.

Todd Listerman- Highway Dept gave a less than 3 minute presentation

* * *

(That’s 3 gold stars for a succinct presentation). He updated commissioners on his plans for safety on Collier Ridge short term and the Randall Ave appraisals for property for the Highway Dept consolidation. No action required until they review. [NOTE: Journal Press Tuesday paper has story covering the highway dept. consolidation of districts for more efficient service and cross-training of all employees.]

Pickens- Manchester Fire and EMS Contract signed, claims corrected and signed. Hughes abstained, as he hadn’t reviewed the claims.

Minutes for the Sept 4 meeting were abridged twice prior to the meeting by Hughes to shorten a section where Ron Wullenweber came in to speak on property tax issues.
Thompson had a problem with abridged minutes- the question about tax rates had been left out with Pickens answer that they didn’t have that yet. Ewbank’s comments were left out. Thompson wasn’t sure the summary had actually captured all of Wullenweber’s concerns. They also didn’t have a couple other items covered.

Fox agreed.

Hughes said he’d requested the change to shorten the minutes and then went on with three unfinished sentences- couldn’t get the gist of what he was trying to say.

Motion was made by Fox to approve the minutes with addition of Dillsboro EMS concerns, Wilmington Road issues, and Pickens comments on tax rates added. Thompson 2nd. Passed.

Hughes wants minutes summarized with key points only. Pickens said old minutes had less detail. Comment was made about saving the trees. [NOTE: The original transcription had about 1 page of notes on Wullenweber’s comments. When a citizen takes the time to come to a meeting and get on the agenda and the issue is property taxes- it would seem important to capture the essence of that discussion. This desire to save paper sounds good- until you see the next item- with several pages of legalese generated to get sex offender fees and work release fees for the sheriff’s dept. into ordinances. How come it’s important to print all that, but not important to outline accurately a taxpayer’s concerns? ]

Ewbank- Commissioners approved the Sex Offender Fee ordinance and the Sheriff Work Release Fee Ordinance and they go on top Council for their approval.

Hughes wants Plan Commission to look at an ordinance on Fire Hydrant Visibility- Messmore to check on this.
Hughes also read a letter on Rabies Awareness Alert this month. The paper already covered this issue.

Meeting adjourned 9:10 PM
Christine Brauer Mueller
Lawrenceburg Township

Monday, September 17, 2007

SOME HIGHLIGHTS OF THE COUNTY 2008 BUDGET

SOME HIGHLIGHTS OF THE COUNTY 2008 BUDGET

2008 Dearborn County Salaries

Commissioner 22,248 (+ 3,000 for President)
Council 8,085 (+ 3,000 for President)
County Administrator 69,010
County Attorney Retainer 28,000 (+ 50,000 legal services + 20,000 lawsuits in budget)
Clerk of Courts 32,736 ( +10,201 + 753 in others sections of budget)
Auditor 43,456
Treasurer 43,456
Recorder 42,092
Assessor 42,938
PTBOA 50,000 ( board members pay?)
Surveyor 31,930
Coroner 15,450
Planning Director 56,662
Zoning Enforcement Officer/Planner 37,000
Assistant planner 30,900 ( includes 15,000 paid from other towns)
Per diem for Planning Commission 100 (due to length of meetings)
GIS coordinator 38,000
Building Commissioner 41,150
Chief inspector 34,563
Veterans Officer 30,645
Soil and water district coordinator 35,370
Env. Tech educator 33,406
Storm water coordinator 33,927
Animal Control director 31,570
Emergency Mgmt Director 40,374
Maintenance Supt. 45,000
Assistant custodian 30,129
Custodians 24,973 (x 5.5)
Health Dept Officer 15,013
RN 39,987
LPN 36,480
Chief Env Health Spec. 42,932
Food Inspec. 34,517
Health Educator 38,060
DCRSD (sewer board) Adm ass’t – 13,974

Police/Jail/Courts
Sheriff 79,310
Chief deputy sheriff 53,807
Road commander 51,763
Captain 51,764 (x2)
Sergeant 50,999 (x2)
Sergeant 48,848 (x2)
DeputyV 48,976 (x3)
Deputy IV 46,112 (x5)
Deputy III 42,499 (x4)
Deputy II 38,247 (x3)
Deputy I 32,621 (x6)
Evidence tech 48,934
Overtime pay sheriffs dept 20,000
Holiday pay sheriffs dept 45,000
Gas sheriffs dept 185,000
Jail Matron 36,426
Jail Lt Commander 41,244
45 jail employees paid from 23,058 – 35,593
Chief probabtion officer 42,170
Pauper attorney 140,000
Judges 5,000 (pay comes from other source)
Public defender 100,000
Alcohol and drug Program director 40,000
Superior court 2 Probation officer 46,000
Additional officer 37,000
Circuit court judge 4,000 (pay from other source)
Public defender 48,462
Pauper attorney 150,000
Other pauper attorney 41,600
Circuit court probation officer 55,015
Juvenile probation 46,997 (+ numerous other officers)
Juvenile Center Director 44,521 (+numerous other officers)
County Extension educator 32,305 (x3)
Center township assessor 9,457
Lawrenceburg township assessor 23,411
Trustee salaries 15,419 each
Prosecutor 5,000 (pay from other source)
Deputy prosecutor I 69,345
Deputy prosecutor II 54,284
Deputy prosecutor III 53,203
Deputy prosecutor IV 41,200
Supplemental deputy prosecutor 52,517
Prosecutor IV D Deputy 37,641
Lead caseworker 32,388
Victim Adv Coordinator 37,744
Victim Adv 24,360
Adult protective services 44,768
Community Corrections Director 49,608
Ass’t Director 38,116 (numerous other positions)
Communications 33728 (x2)
911 director 44,470
Assistant 911 43,127
9 officers 31,027-40,475

Chamber/ Redevelopment/Economic Development/ Tourism
Redevelopment Commission 25,000 in commissioners budget- 10,500 towards COO
CVTB (Convention Visitors tourism) Director 57,520
Chamber President 60,473
CVTB Adm Ass’t 31,956
CVTB Event Coordinator 31,956
CVTB Office Mgr 31,956
CVTBPart timers 41,200

Roads/Bridges
County Engineer (Transp Director) 70,000 (includes 20,000 from state)
Assistant Bridge engineer 40,374
Bridge foreman 39,784
Ass’t Bridge foreman 32,385
Assistant highway supervisor 40,374
25 highway workers 30,479 to 36,505
Shop foreman 36,505
Assistant shop foreman 32,388
Mechanic 31,307 (x2)


Other budget items of interest:

Chamber mgmt fees 18,540
Economic Development 50,000
INDICOM- Communications- 200,000
Liability Insurance 245,000
Economic Development 25,000
Lobbyists 144,000 (includes reimbursements from municipalities)
Jail bond principal 765,000
Jail Bond Interest 97,280
Cum Cap fund 404,200
Dept of Family and Children 4,541,620


Council Benevolent Fund – total 58,750
HHH 250
Lifetime Resources 5,000
4 H 5,000
Youth Services 18,000
RSVP 5,000
Family Connections 2,000
New Horizons 10,000
Historical Society 7,500
Heart House 5,000
SKIP (kids with disabilities) 1,000

RIVERBOAT REVENUE FUNDS: 146 account
Capital Projects long term fund 197 600,000
County gov’t operations 5,160,000
Education assistance private schools 120,000
Park board Capital improvements 60,000
???? another 60,000

RIVERBOAT REVENUE FUNDS 147 account
Capital project long term – requires 7 votes – 640,000
One time match for Community Foundation 100,000
Growth and development fund, jail, criminal justice, GIS – 1,369,000
Emergency appropriations 333,000
Transportation infrastructure 5 year commitment thru 2010 444,000
North Dearborn Rd realignment 5 year commitment thru 1009 222,000
Courthouse renovation payment 592,748
Emergency services 21 depts. 370,000
Shared gaming admission tax with municipalities 1,850,000
Highway projects with annual council approval 1,479,260

Information taken from the approved 2008 Dearborn County Budget which is available in its entirety via email as an excel file from the Commissioners or Auditor's office.

Christine Brauer Mueller
Lawrenceburg Township

Wednesday, September 12, 2007

Master Plan Land Use Element- PUBLIC HEARING

Land Use Public Hearing

The Dearborn County Plan Commission will hold a public meeting to review the draft Land Use Element of the Comprehensive Plan on September 24th, 2007 at the Administration Building (in Lawrenceburg). The public hearing will begin at 7:00pm, although the proposed Comprehensive Plan amendments are not scheduled to be reviewed until decisions have been rendered for all other case-sensitive items that are on the agenda.

Following the presentation of these items, the Plan Commission and its staff will review the Land Use Element update and will field and address questions, comments, concerns and recommendations from all interested county property owners, business owners, and residents.

All interested parties may obtain an agenda or staff report for this meeting by visiting the Department of Planning & Zoning office-located on the third floor of the Administration building-or by accessing these items online (via the 'PUBLIC NOTICE' link) at the following website: www.dearborncounty.org/planning

Background

For the past 2 years, the County Plan Commission, its 58-member Advisory Committee, and the local planning staff have been building upon the land use framework set forth in the original, adopted Comprehensive Plan. These groups developed alternative land use scenarios in consideration of the feedback returned from 4 public workshops (which included 533 surveys) as well as the findings and recommendations forwarded by the active membership of the Advisory Committee during its 12 meetings.

The current proposal for the updated Land Use Element features the following amendments: revised existing land use maps; an amended series of future land use designations; new land use criteria maps (that may be referenced to establish a community "base map"); a future land use map guide; two alternative future land use maps; and a preliminary implementation program.

Some of the critical items that the Plan Commission will consider during the public hearing process include:
1) which future land use map, and map palette, to forward to the Board of Commissioners for its final consideration and action; and
2) whether specific geographic areas identified within the Land Use Element should be analyzed or modified further.

Public Review & Comment

Hard copies of the draft Land Use Element and the existing, adopted Comprehensive Plan will be on display for public review at the County Planning & Zoning office as well as the public libraries in Lawrenceburg, Aurora, Dillsboro, and Logan Township. Digital copies of the plan may also be obtained online by referencing the 'Land Use Workshops' link online at:
www.dearborncounty.org/planning


Public comment forms are also available-both online and at the aforementioned locations-for those who would like to forward their written comments or for individuals who may not be able to attend the September 24th meeting.

Mark McCormack
Dearborn County Planning Director

Friday, September 07, 2007

6 September 2007 DCRSD Meeting Notes

The following notes are provided in an effort to record the transactions of the meeting without editorial comment, except clarification of events.

6 September 2007 DCRSD Meeting Notes

Present: Acting Chairman, Fehrman, Pruss, Dennerline, Maxwell and Enzweiler. Adams and Hankins were not present.Also Present: Baer, Executive Secretary; Quinn, Quinn Engineering; Benning, Secretary; Frank Kramer, Board Attorney; Robert Hrezo, Hrezo Engineering; Denise Freitag-Burdette, Register Publications; Jerry Jacobsen, SDRSD Board member; Stan Beeler, VRUC Board member; Charlie Fehrman, County Council Chairman (part time); James West, DCEDI; Russell Montgomery, Serenity Ridge resident; 2 others and Ralph Thompson.

Meeting started at approximately 7:00 PM in the Commissioner's Meeting Room. Meeting was not recorded.

Michael Hankins Resignation
Hankins has submitted his letter of resignation for the DCRSD Board. (No reason stated.) Fehrman indicated the Board needed a new Chairman. Dennerline moved to elect Enzweiler, Maxwell seconded, approved.

Meeting Notes
Meeting Notes for August 2, 2007: Maxwell moved and -------- seconded, approved.

Minutes of Executive Session held August 16, 2007 Action, An Executive Session Was Held for the Purpose of IC 5-14-1.5-6.1-6(A). No Subject Matter Was Discussed in the Executive Session Other Than Specified. No Vote Required.

Note: The specific section cited: Sec. 6.1. Executive sessions may be held only in the following instances:..........(6) With respect to any individual over whom the governing body has jurisdiction: (A) to receive information concerning the individual's alleged misconduct;

NOTE: This item was on the agenda; but, not mentioned in this meeting. No vote is permitted in an Executive Session.

Also, the following is excerpted from the same Indiana Code: (c) A final action must be taken at a meeting open to the public.

No action or comment was made.

Treasurer's Report
$0.99 in Lawrenceburg Community Grant Fund.
$338.02 in RSD Savings Account
$61,745.61 in RSD Project Fund

Serenity Ridge
Have funds from 7 of 10 residents, who had committed. LMH agreement has been provided, though should not be signed until all the funds are in the account. The construction bids can be advertised; but, cannot proceed with application until all funds are submitted. Pruss moved to proceed when all funds are received, Maxwell seconded, approved. Montgomery (from the audience) asked if they could proceed. It was again stated they cannot proceed until all the funds are provided.

Quinn noted he was not authorized to proceed with design construction services. A $5,000 proposal was submitted at a prior meeting; but, not approved. Hrezo submitted a proposal for $2,800 for Construction Management.

Maxwell stated all is part of the previous motion.

Special Requests
Charlie Fehrman was present for comments on the Budget Request Review. C Fehrman wanted to acknowledge Hankins service with thanks.

He stated this was their first meeting since the Council Budget Hearings. DCRSD was budgeted $0. The budget is less dependent on gambling money and is therefore more available. The council needs more explanation before approval. With regard to the engineering study in the budget request, they didn't know if this was in the $116,000 for the West Aurora Project. They didn't have enough information. They are not cutting DCRSD off. When money is needed for emergency, there is some limited amounts available. Larger requests will have to go before Council by procedure, will need to be advertised 40 days in advance, and could be available in 70 days.

Council wants more detail and explanation.
Council did fund Benning's position.
Bid items were not funded.

He knows they are planning for the future; but, Council couldn't see it with DCRSD. Some issues were funded in the West Aurora project. All the 400 category items were zeroed.

When needed C Fehrman said he will be available to help them get Council funding.

Dennerline: When we do an appreciation award will you (C Fehrman) sign it for Council?

C. Fehrman (joked): Hankins saved the hospital enough on anesthesia, by talking to his patients about sewers. (Laughter). Guess I shouldn't say this, this won't be on the record will it.

Benning: This will not be in the meeting notes.

C Fehrman: I will sign the letter. Does the DCRSD has someone you want us to consider for Hankins replacement? (Council appointed Hankins.)

(C Fehrman left shortly thereafter.)

West Aurora Project
Quinn: For preliminary work to proceed with the State Revolving Fund we need a signed application. We need a motion from the Board. There are other criteria - low income.
Dennerline: We can't meet that.

Quinn: I am about to start design. We need an application to IDEM for modification to the discharge permit. Hrezo is to do survey.

B Fehrman: Randy Turner wants us to take another look at taking the sewage to Aurora.

Maxwell: I met with Doug Hedrick, the day Hankins called me, and Doug encouraged me to consider sensible discussions; but, I haven't heard from him since. He (Hedrick?) felt they would look at a project to run to Aurora, SDRSD with Greendale as a productive partner. I haven't heard from him for three weeks. DCRSD has been passed and "punched in the mouth" more than once; but, I would like another try.

Dennerline: I had lunch with Butler and Butler had not provided any comment. Is the agreed order going to be released?

Baer: Would have to talk to Mark Stanifer (IDEM)

Dennerline: Proceed with the State Revolving Fund. Presume it can be used either way?

Quinn: Pretty sure it can be used either way.

Dennerline: Moved to have the chairman sign the application as soon as it is ready.

Quinn: Should he stop work? (Presumably design work.)

Dennerline: Proceed.

Enzweiler: Need to meet with Aurora.

Maxwell: I will call Hedrick.

Dennerline: I will call Butler.

New Business

B Fehrman: SDRSD is to vote on the Greendale - VRUC agreement Tuesday.

Dennerline: Asked Jerry Jacobsen (in the audience) if he had any information.

Jacobsen: No information available.

Jacobsen: DCRSD was going to buy in, then VRUC, then St. Leon, etc. SDRSD doesn't know what to expect until you (DCRSD) put something down.

Dennerline: Kramer put together a letter for 100,000 GPD; but, got a 'NO'. We need cooperation.

Jacobsen: Charity begins at home.

Maxwell: The GRW study said to build a treatment plant at Highridge Estates. I signed up to solve Highridge, I've heard about it for 30 years (slight exaggeration?). The direction was given: build a plant. The 'turf' battles may be softened by the Greendale - VRUC agreement. Turf battles have not been productive. I am interested in revisiting SDRSD's cooperation. Maybe we can find common ground. The atmosphere hasn't been conducive. If somebody wants a fight, I can punch them in the mouth. Or I can walk.

B Fehrman: I want to start cooperating. I am still interested.

Enzweiler: People have to work together. Till the county will work together we won't move on. Time to quit and work as a team to make it happen.

Dennerline: Doug (Baer) can handle issues for budget numbers - avoid the choke factor.

Baer: Tell me when you have more concrete evidence of what you want to do.

Claims
Claims for reimbursements. Enzweiler moved to pay claims, Dennerline seconded. Approved.

West Aurora Project
Maxwell: As work is authorized, I want to know how much will be done in the next 30 days.

Hrezo will do ground control. If they go with SDRSD, I wouldn't feel good about it.

Quinn: The collection system will be the same and will cost about $8,000.

B Fehrman: Check status of agreed order, if going to Aurora. Can start a better discussion.

Jacobsen: About going to Aurora, I understand IDEM will not allow Highridge to transmit through Aurora.

Quinn: Applied 18 months ago - denied.

B Fehrman: Randy Turner has asked.

Dennerline: That's why we have drug our feet, we didn't want to put in a treatment plant.

Jacobsen: I thought Highridge only, might pass IDEM.

B Fehrman: Thought that a year ago - No.

Baer: Mark Stanifer is the Compliance Chief.

Maxwell: If SDRSD was standing with DCRSD, they would have the power to garner a 'Yes'. Before we were standing alone. There's power with SDRSD and DCRSD, then IDEM won't stand in the way. The one lift station is going now, the next deadline is 2011. SDRSD needs to help Aurora get it done. Three months ago we decided to build a plant because we couldn't get it through.

Dennerline: We need to do our homework and try again.

Dennerline: move to adjourn.

Adjourned at approximately 8:40 PM.

A discussion ensued, outside official meeting time, regarding an appreciation letter for Hankins or throwing him a dinner. There were five members in a discussion at the right end of the Bench (Maxwell, Dennerline, Enzweiler, Pruss and Fehrman) along with Hrezo, Quinn and Baer.

Notes by Ralph Thompson Washington Township
and Jerry Jacobsen Lawrenceburg Township.

Wednesday, September 05, 2007

4 September 2007 Dearborn County Commissioner Meeting Notes

4 September 2007 Dearborn County Commissioner Meeting Notes

Meeting Notes provided by Helen Kremer
Logan Township

Present: Hughes, Chairman, Fox, and Thompson
Also Present: Pickens, Auditor, Ewbank, Attorney, and Messmore,
Administrator, and a uniformed police officer were present.

Harrison Fire/EMS contract

Hughes stated today he talked to Chief Herzog, they were getting the budget together, and wanted to know if we were going to sign the contract for their assistance for West Harrison, Kelso and Logan townships. Hughes stated they were considering taking it over ourselves. Hughes talked to the chief at Bright, and the chief said it was tough to do right now. Hughes said he had to check with St. Leon, New Trenton. Looking at response time, the issue is would there be the same response time.

Hughes said the contract with Harrison is for three years, and we should table or go ahead and sign the contract. Fox asked if we could terminate after one year. Thompson asked if there was a term clause in the contract. Thompson moved to table until we have more information. All voted in favor of waiting until Hughes gets back with more information.

Ratification of NO Burn Emergency Proclamation
Bill Black of Emergency Management stated that several fire chiefs asked to put in a No Burn Code. Black said that Ewbank told him only the Governor can declare, we can declare a No Burn, but it will have no teeth in it. Black said the fire chiefs asked for it and it has been done in the past. Ewbank said that if each chief in his own district wants to he can, it will be an infraction. It is up to each individual fire chief. Black stated a proclamation makes people aware. Greendale did not sign-off on fireworks.

Thompson said we can declare, why not continue as we have. Thompson moved that they sign on with the No Burn policy, and continue as we have. Fox seconded, all agreed.

Ron Wullenweber – Property Assessments
Wullenweber gave his name and address. He lives in Dover and has been a lifelong resident of Dearborn County, which he has enjoyed up to this point.
He received his reassessment (on his property), and is frustrated. He was a board member of the South Dearborn School District, and school corporations had to borrow $600,000 to keep teachers behind desks.

Wullenweber received a tax bill of 64,000 in assessment. He then read from the Notice of Assessment of Land and Structures, ‘Using annual adjustments, assessors will adjust or “trend” property values every year to reflect market values of property.’ He has had his house appraised.

Wullenweber asked, “Where is the riverboat gaming money? We all voted, those in Guilford, Dover, Logan, even up to Penntown for riverboat gambling, but other areas control the purse strings.” He is concerned that Dover, St. Leon, Logan are not getting their fair share, while Lawrenceburg has a two-million dollar clock. Lawrenceburg has a big stash of money, they even hired a lobbyist so the state can keep their fingers off of it, all this while some schools in Dearborn County are cutting teachers, enlarging classes. Wullenweber was surprised people are not concerned about these matters, and are not filling these seats. He worked in Norwood for 32 years, and the company “went belly-up”, and to get a good job he is working in Louisville. He may have to move out of the county.
Ten million went to Greensburg, why not have a light industrial park, so we do not have to drive out of the county for work, there is McPherson and Franks in Sunman. We are not getting our fair share. Sunman Dearborn schools have debt, while Lawrenceburg gives $2,000 to students toward higher education. If those in Dover, St. Leon, New Alsace did not vote for riverboat gaming, there would be no statues, sidewalks, streets, or a two million dollar clock in Lawrenceburg.

Fox said it is the short-sidedness of those who are anti-everything that causes people to leave this county to get jobs. Fox said he receives calls from people who have septic systems to be replaced, or their homes will be condemned, and they can’t put in another septic system. Fox continued when you vote to be anti-everything you can’t fix roads, there are inflationary costs, have to get heads out of the sand. Phones start ringing when people get their tax bills. He and Jeff knew it was coming.

Wullenweber discussed the housing market in the country, and knew of a place in Indianapolis that had 18 framing crews and now they are down to 1. Property values are depressed.

Thompson said we are in a cyclical downturn, but Dearborn County isn’t as bad as other areas, in Cincinnati they are down 15%, while Dearborn County is down 1%.

Wullenweber continued that all these other entities voted for the riverboat, people were sold a bill of goods. It is difficult to get out of Rt. #1, if you decide to go to WalMart it takes 30-40 minutes. There is no help on property tax, schools are not receiving help, and we pay these lobbyists to keep fingers off of it. Help should come to all the people of Dearborn County who voted, not just Lawrenceburg.


Hughes said that if we would have hired Vieste we would have the infrastructure. We need to bring some kind of (industry), but don’t have any place to put them. Hughes continued that in Lafayette they have Subaru, and have $25 an hour jobs. They have dropped property taxes, and pay for EMS.

Thompson said no tax abatements.

Hughes said it is a shell game, either property tax or income tax, just shift to another group. We need to bring in more assessed value—manufacturing area.

Fox said we also have to cut spending.

Pickens told Wullenweber that riverboat money was spent for the courthouse renovation, at the sum of 4.4 million, so a bond issue was not needed. He told him he could come in anytime to discuss this issue.

Ewbank talked about the history of the riverboat. Pickens said that the issue passed narrowly, and the rural areas voted it down, while the cities voted for the riverboat, and it only passed by 100+ votes. Pickens continued that they have archives of this information available.

4. Emergency Management – Bill Black
The Grant agreement needed signatures , which is reimbursement for 1/2 of salaries, and part of benefits (about 13%). The amount was $40,604.65. Rick Fox motioned to sign, all ayes.

5. Prosecutor’s Department – Aaron Negangard
Signature for ongoing grant program
No one presented. The Commissioners had a copy of the grant and Ewbank reviewed it. It was for about $199,000. Thompson moved for Hughes to sign the grant contract. Fox seconded and Hughes signed.

6. Contract Signature for Dillsboro EMS
Thompson requested to table until next meeting. Thompson spoke to Scott Fortner, Manager of Dillsboro. There has been difficulty in providing a response, calls going to other units. Pickens said they need financial records with contract.
Motion was made to table until next meeting. Motion passed.

7. Planning and Zoning – Mark McCormack – proposed text amendment to the Subdivision Control Ordinance
. Article 3, Table 3.1 – Street Classification & Requirements
. Article 5, Section 500 – Construction Inspections & Fees
. Appendices A-D – Construction standards regarding streets, curbs & gutters,
sidewalks, and driveways.
McCormack stated that on July 9, 2007, Planning Commission members met. There were eight members, and they unanimously approved all of the above. McCormack discussed Article 5 first, Sec. 500, one sentence at the bottom of the third paragraph referenced other appendices, with reference to the Indiana Department of Transportation.
Also, instead of prequalified IN contractors, all construction should be by IN bonded, authorized to do business.

Hughes questioned the matter of three days notification by developers to Dearborn County Engineering. McCormack explained that they have to keep us informed throughout inspection, contractor has to subgrade and have testing data complete to monitor. Hughes asked why not 24 hours, do they have to layoff people?

Todd Listerman, County Engineer joined and said that should not be an issue, they should keep us informed. Hughes asked if that is not a hindrance. Thompson said three days is not a hindrance. Listerman stated they have to keep us informed.

Ewbank asked if this was Ordinance was published, and McCormack said it should have been, they were notified in July. Thompson motioned to accept. Fox seconded motion. All approved, motion passed. The amended text to Section 500—all ayes—approved.

McCormack said regarding Appendices A-D, completely remove 40 pages and replace them. McCormack explained they are trying to reference INDOT manual, which condensed ours to 4-6 pages. Listerman stated that we have to follow the most recent INDOT specifications, and they are all on the Internet. McCormack said we have footnotes where current the INDOT manual can be obtained. Discussion followed regarding Article 3, 3.1, and Appendices.

Hughes asked if anyone wanted to speak to this public hearing (regarding the Subdivision Control Ordinance changes). No response. Rick Fox motioned to close hearing. Thompson said we accept Article 3, Table 3.1, and Appendices A-D, Fox seconded, Motion passed.

McCormack said at the next Plan Commission Meeting the first land use draft will be presented. There are copies of this draft at all four libraries in Dearborn County, for citizen review.

8. Transportation Department – Todd Listerman -
Update.
Hughes said before starting asked status of Sparta Rd., old 350, was it not turned over and accepted by city commissioners. Listerman said there are slip areas and the cost of funding, what benefit? We would have trouble funding.
Fox said we have to be careful, we have trouble keeping up with our funding.
Hughes asked about contracts for Tower Rd. Listerman said it will be done.

Listerman said he had a meeting regarding George St. Bridge, a double whipple, iron truss. If everything goes according to schedule it will be ready before Farmers Fair of 2009. They had to work with the City of Aurora to remove existing sidewalk, and will put in a wider sidewalk on the north side.

Fox asked about Collier Ridge and the drilling contractor, what was the rough estimate? Listerman said it will be close to $300-400,000 to fix the road. They talked to Barth Engineering, Greensburg, for a feasibility study, and a long-term solution.

Listerman said the OKI cement fund is $400-500,000, and he wants to have a meeting with Ohio DOT, INDOT, and OKI to talk about getting an Artemus (sp.?) system for 275—having two cameras and two message boards, to inform people going from 50 to 275 if there are accidents, to go west. This will make us part of the Artemis system. They are putting boards on I-74 into I-75. No schedule with INDOT on 275, the earliest could be 2011, or 2014. If we use the cement funds maybe we can have the system in a year or so.

Hughes asked about traffic signals. Listerman said going to 350, it cuts you off at Walnut. Traffic signals are not on time, interconnected loop system is not computerized. It is based on traffic, traffic through midday—according to Cox, Lawrenceburg – Wilson Creek, George St., etc. are on an interconnected system.

Thompson said from McDonald’s west to old 48, not wired yet.
Hughes asked about Federal grants. Listerman said he is trying to get all the players together to try and write the grant for the Artemis system. Listerman said the STP funds have $400,000 in account to use on consulting for Stateline Rd. and Jamison project. They need to process the necessary information, We need to get funds and move to get it done, it is on our top five. We want to do what is the most beneficial.

9 & 10. Cary Pickens – Personnel - Claims/Minutes
Personnel matters: 1) Visitors in the workplace. Human Resources state policy is against it—but there are instances, such as snow days, etc. Hughes said this is a place of business. Fox stated you can’t take your kids to the workplace. Thompson said that if that is the policy, it should be followed. All agreed.

2) Computer work at home. Human Resources against policy, we don’t have one
now, but there are stipulations to be met, and verify that children are taken to a day
care center, logging on and off at certain times. Lots of folks would like it. Are you going to put something in place to allow it, or don’t want to get it started. Thompson said government offices need to be open to the public, and that can’t happen at home. All agreed no work at home.

Minutes: Pickens said there were two sets of minutes, one for the Executive session. Fox didn’t vote at the 8/7/07 meeting, the second is the 8/21/07 corrections. Thompson moved to approve the 8/7/07 minutes, Hughes seconded. Fox abstained. Motion passed. Thompson motioned to approve the 8/21/07 as amended, Fox seconded. Hughes wanted it to say summation not verbatim. Thompson said no problem, and moved to approve the 8/21/07 Commissioner Meeting summation meeting as amended. Fox seconded. Motion passes.

Claims: Justice Center roof claim is $78,500, York and Kuhe Roofing. Motion was to approve. Thompson asked him to hold until documentation received.

11. Bryan Messmore
Messmore wanted to remind everyone that the Rural Office of Community Affairs and Hometown Competitiveness and Rise 2020 will be at the next meeting. There should be several people here. There will be Soil and Water, Park Department, and boards from our community to review these programs.

Messmore stated will be a fire drill next Friday, September 14, for the Administration Building and the Court House buildings. It will be coordinated with the Fire Department, and we will be graded.

Pickens then said he had two more items to discuss. Since the Vieste contract was terminated, shouldn’t the Level 5 Engineering aspect for North Dearborn Road be terminated?

Thompson said Todd Listerman wants to speak.

Hughes said we had a contract with Vieste, and we may be in breach of the contract.
Ewbank said the attorneys for Vieste are looking for the letter.

Thompson asked Ewbank if he was working on the letter regarding the forced hookups.
Ewbank said he would talk to him after the meeting.
Hughes said there are no hookups, is there an Ordinance on that. Thompson said we are working on it. Fox said we have to cross the "t's". Thompson added we have to do it right.

Listerman commented on the person in charge of Vieste working on capital improvements, Dick Robinson, he no longer works for Vieste. Level 5 is a subsidiary of Vieste, a separate department. There is no problem with the engineering, and it is not related. The firm is a qualified firm, and to stop the design and hire someone will take multiple years. We don’t want to jeopardize the project.

Fox said we won’t change. Thompson agreed. Hughes said stick with Level 5 engineering.

Motion to adjourn. Meeting adjourned at 8:25 p.m.

Helen Kremer
Logan Township

Thursday, August 30, 2007

UNFAIR TAXATION?



This is what is blossoming in neighborhoods in Indianapolis.

Image sent courtesy of Alan Freemond Sr. of Jackson Township

Monday, August 27, 2007

27 August 2007 Dearborn County Plan Commission Meeting Notes

27 August 2007 Dearborn County Plan Commission Meeting Notes

Present: Patrick DeMaynadier, Acting Chairman, , Ken Nelson, Tom Cheek (replacing Mark Mitter as Council member) Ralph Thompson, Dennis Kraus, Jr., Nick Held, and Tarry Feiss arrived at 8 PM half way through the meeting.

ABSENT: Mike Hall- (back injury) and Bob Laws.

Also present: Mark McCormack, Planning Director, Mike Ionna, Ass’t Planner, and Arnie McGill, Attorney.

1.DeMaynadier rearranged the agenda items to facilitate the attendees. Tucker requested tabling his item on White Farm Development rezone till October 22nd when there would be 9 members present. PC agreed to allow this. The roomful of people then left.

2.Zone Map amendment from Ag to B-1 for a business park at Steele Road and North Dearborn on 4 acres in Logan Township. Owner Jake Bamberger was represented by Jeff Stenger of JDJ Surveying. They were asked if they wished to Table- and said they were confident and wanted to present tonight.

Concerns were addressed in an hour-long discussion and McGill told the board to be sure to have findings of fact and address in detail all 5 criteria for the zone change. The applicant is looking at about 2 years to begin construction- they plan to move Bambinos Restaurant there as well as a doctor office so far. The building will be 15,000 sq ft max. They are considering combining driveways with Lonnie Steele and also looking at shared retention ponds with Maxwell’s adjoining development. They may also send sanitary sewer to Morgan Ridge’s lift station. Trip generators may cause a traffic study to be required once they get to the building phase. There was discussion of the closeness of intersections on North Dearborn and Steel Road. Steel Road will be upgraded by the developer to the North Dearborn intersection per Listerman. Steele is part chip seal and part gravel. All plan commission members were basically in agreement that the idea was suitable for the area. Nelson listed many items he wanted to see- including the above ideas plus the sidewalks and upgrade and fixing the Steel intersection angle. He also wanted lighting addressed.

NO PUBLIC wanted to speak.

Thompson Motioned and Nelson seconded to give a favorable recommendation to the commissioners with the following conditions:
Limiting the uses to those that are allowed except for the ones listed in the applicants proposal.
A 50 ft ROW on Steele Rd for R and L turn lanes as needed.
The entry on North Dearborn should be moved as far east as possible for the increased distance between entry points.
Orientation of the building should basically be as is.
Provisions for future connectivity to the East- shared or by easement.
Sidewalks at least along North Dearborn Road.
Appropriate lighting with due consideration to light trespass on south and east neighbors.
Thompson’s motion stated that the favorable recommendation was because the proposal meets the requirements of Section 540 specifically: it was responsible growth suitable to the area in line with the comprehensive plan and was not detrimental to current conditions as there was retail to the west, a church to the north and N Dearborn has good access. It is a more desirable use in consideration of a town development concept. He doesn’t think it will impact property values and it provides responsible development.
All ayes . Passed.


3. Article 4 on proposed ordinance changes was tabled till Sept after McCormack said he’d talked to Ewbank and a local insurer on bonds. He wants to further investigate.

Article 16 Section 1640 was passed to go to commissioners with a favorable recommendation. Nelson Motioned and Cheek second- all ayes.

ADMINISTRATIVE:

Public hearing for master plan is set for Sept meeting- though they may be missing a couple members.

Travis Miller- former director was pretty pleased with it also. 6-8 Adv members have commented so far. Some changes were made in the tables and numbers to correct and clarify. De Maynadier noted that changes shouldn’t be made just because someone was louder in their criticism.

St. Leon will have a town meeting on Sept 12 for their comp plan.

Dillsboro is also talking about the 2-mile buffer zone areas like St. Leon was. [NOTE: Some of these towns are barely 2 miles across themselves! That’s a BIG buffer by contrast.]

Purdue’s Planning with Power team was here, met with Held, Thompson, Chamber rep, John Roeder, and wants the county to be a pilot county. Bob McCormack is the Purdue person in charge. PC members will get a pass code to access the site and give recommendations.

There was discussion about partnering with OKI on fiscal impact study to increase the effect of our $50K for this study. OKI may have to come see PC to get this. Nelson and others thought there may be too many tax entities in the OKI study and it wouldn’t work for us.

Workshop with OKI in Sept on Site Planning.

2 articles in packets on hillside development issues and another coming on retention ponds from front page Enquirer. Hough has done a hillside map and Margaret has used it as GIS layer for the county per Thompson.
McCormack noted that hillsides are considered for view sheds, stability, and slippage issues. Feiss wondered which study we should believe.
Thompson noted major road slip issues in the county and cutting the toes of the hill destabilizes the whole hill.

McCormack said bonds have not come in yet on Sugar Ridge.

Meeting adjourned at 9 PM

Christine Brauer Mueller
Lawrenceburg Township

MARKET TO MARKET OR THE STATE GOVERNMENT HAS WON AGAIN.

MARKET TO MARKET OR THE STATE GOVERNMENT HAS WON AGAIN.

But “we need development to lower our taxes.” Oh hell yes.
Scattered around Indianapolis in some pretty good neighborhoods (and also some not such great neighborhoods) forests of red lettered signs are cropping up like mushrooms in your barnyard after a rain. They say:

HOUSE FOR SALE
BY OWNER
DUE TO UNFAIR TAXES

This is the result of a judicial decision, about which of course our politicians are blowing smoke, perhaps smoke from Dearborn County’s cash crop, as to what they will do to relieve this disgusting problem. The state is taxing Americans out of their homes; homes that represent their desire for the American Dream, homes in which they wish to raise their children, homes that represent perhaps the largest asset among the assets the owner. We should put ourselves in those folks’ shoes. This is a statewide problem; we’ll see it here. I know a widow with a home and a couple of acres who has seen her taxes grow from 8 thousand dollars a year in 2003 to currently over 25 thousand dollars a year.

Now along comes the pro develop anything anywhere crowd such as the Chamber of Commerce, the DCEDI and all of their sycophants, even those who can’t/won’t pay the 5000 dollar admission fee to the DCEDI.

They claim that development will lower our property taxes. Well let’s take a look again at Indianapolis.

Indianapolis has a city county government so the taxes are all the same - done by the same taxing authority. Indianapolis and its Marion County are loaded with commercial business. There are restaurants galore, hotels, two sports stadiums, the Eli Lilly Company, many insurance companies and the Allison Engine company just to describe a few. It’s not exactly Dearborn County and yet with all of this development, including subdivisions and a few mammoth shopping malls, their home taxes are shooting up, as will ours with or without development.

So the argument that development will lower our taxes is specious. It always has been.

Every year new tax calculations will determine what one’s property is valued at according to sale prices of property in the area, the area so far not well defined. Think of this: someone comes along and purchases that land along I-74 near the St. Leon exit. The price of that land is quoted at 55 thousand dollars an acre. What will the assessments of neighboring land become? Will the owners be able to stay on their land? With this new taxing system, will a developer who can’t believe his good luck, come along and take the re assessed land “off the hands” of the owner who can’t pay the tax?

This tax will be a wonderful way to help those who covet the North West Quadrant. Look, the development increase the land’s value, the taxes of the neighbors go up, the developer buys the neighbor’s land at a good price to save the neighbor from a sheriff’s sale. They will not even need good old Vieste. They can do this again and again.

This scenario is the closest we will ever get to perpetual motion!

Yes, here in the USA they are taxing people out of their homes!

Do the politicians really care about this? I doubt it. Our elected unemployables (oops, I mean State Rep and Senator) instead might be more interested in trying to find another Honda for Dearborn County’s North West Quadrant.

Alan Stanley Freemond, Sr.
Tanners Creek Farm
Jackson Township

Tuesday, August 21, 2007

21 August 2007 Dearborn County Commissioner Meeting Notes

Present: Hughes, Chairman, Fox, and Thompson
Also present: Pickens, Auditor, Ewbank, Attorney, and Messmore, Administrator
A uniformed police officer was present.

1. Harrison Fire/EMS contract tabled again at Hughes request as he is still working on it.

2. EMA- Bill Black received signatures on the $150,000 exercise grant from Homeland Security for exercises to be done at Muscatatuck on Oct 27th for Homeland Security. This is in addition to the $450-500,000 they already have in Homeland Security grants.

3. Jeff Smith- Weights and Measures- Thompson updated him on the discussion from Budget hearings this week. Pickens also worked on this issue. It was presented as putting Weights and Measures under the Building Inspector and hiring Smith as part time weights and measures and part time building inspector (at starting salary) to replace a retiring employee. Smith will be trained and certified for building inspections. This puts it all under the county. There will be a 2nd employee in the building dept. trained to do Smith’s work also- so they can cover each other.
Smith noted that equipment has all been moved to EMA building and it will be taken to Indy for recertification in Sept. He also has complaints on gas pumps (due to price increases) and has put a complaint form online as well as his 800 number for people to use.

4. GIS- Margaret Minzner introduced her intern John Huang from Washington Univ in St. Louis. He gave the presentation on the Historic Structures update (previously done in 1983) The County has 76 outstanding historic structures and 232 notable ones. This work was performed under a grant from Indiana Humanities Council. The structures were digitally photographed and logged in with GPS. Huang ended his presentation noting that updates should be done more frequently than every 24 years.

5. PAWS- Sandy Carly and Becky Foster gave presentation of their current financial status and had an outside CPA go over their financials to present to commissioners at Ewbank’s suggestion. Ewbank noted that this was the best report he’s seen and he’s seen several over his many years as attorney for government entities. PAWS needs $1.6 million. They have $800,000 from L-bg, $135,000 from individual; they’ve raised $247,000 and need another $418,000. Their architect is working with Hrezo Engineering on the plans. Mayor Cunningham was present and noted that perhaps Lawrenceburg should put their funding into an interest bearing account so that interest could be added to the funding.

6. Todd Listerman- Transportation- shaved several minutes from his usual reporting time. ( 15 minutes total :-))

a. Whippoorwill Drive from Wood’s Edge Sub’n was accepted into inventory by Commissioners. Fox asked if it was core- sampled. Listerman said they were on-site inspecting as it was paved and so that was not necessary. Its 909 ft long= 0.172 miles.

b. Wilson Creek is fixed except for the guardrail and fence repair.

c. The slip on Wilson Creek by US 50 – he is working with OKI to get fed funding on this.

d. Collier Ridge report is in on his desk- he will review and check with Sherzinger Drilling on costs if caissons are chosen as method to repair. Fox wants him to also check locally for other options and to see about costs of relocating the road.

e. Stateline and Stephens intersection work is complete and Listerman will get STOP bars painted when US 50 stripes are done. He was approved for $8,648.12 in additional on this work also. This still is under the $309,000 estimated costs. Hughes asked Listerman to give reasoning on 3:1 slope at that site to Mr. Keller – the HVL manager to post on their board for residents to understand the safety issues and why this was allowable.

f. Moreton Salt was awarded the contract for winter salt supplier at $47.06 to D-2, $45.88 to D-1, and 45.88 to D-3. The losing bid was Cargill at $51/ton to all 3 districts.

7. Pickens noted the PSEG issue was resolved finally. Claims and minutes signed.

8. Messmore- Sept 18th commissioners meeting there will have a half hour presentation from Office of Community and World Affairs Hometown Competitiveness Program for RISE 2020.

9. Ewbank- Commissioners signed a subordination for property at 27 Brown St. Greendale- this was part of a loan for rehabilitation and will be forgiven in 2008 if the owners remain there completing their 10 year residency after rehab granted.

Sheriff Work Release Fund was created officially by ordinance as requested from SBOA. This is money collected from inmates on work release. They pay to work by day and return to jail at night. Approved.

Ewbank is also working on ordinances to create funds for fees on the annual sex and violent offender’s lists, foreclosure fees for sheriff sales, and charging inmates when they break things in jail.

Meeting adjourned 7:30 PM

Christine Brauer Mueller
Lawrenceburg Township

Greendale and VRUC Contract

Greendale meeting scheduled for Wednesday (tomorrow) at 7PM - topic- Accepting the VRUC Contract.
VRUC signed the contract on Saturday morning and hand delivered it to Greendale.

Monday, August 20, 2007

URGENT MESSAGE FOR ST LEON RESIDENTS

At 8:30 mass this Sunday morning at St. Joseph Church, St. Leon, an announcement was made that there would be an election for the St. Leon Board tomorrow (8/20). Unsure about the time - thought it would be 7-9 p.m.--residents should check to see if that is correct.
Only St. Leon residents within the town boundaries, who are registered voters may vote.
Check to see who the candidates are and how they were chosen.
Inform any residents of St. Leon- so they can check with their town officials and vote.

Friday, August 10, 2007

GREENDALE ANSWERS DCRSD'S LETTER TO SDRSD

GREENDALE ANSWERS DCRSD'S LETTER TO SDRSD

August 8, 2007


Frank G. Kramer
Ewbank & Kramer
114 West High Street
Lawrenceburg, IN 47025-1905 VIA FACSIMILE
Re: Dearborn County Regional Sewer District July 20, 2007 correspondence to South Dearborn Regional Sewer District
Dear Frank:

The City of Greendale was provided with a copy of your letter dated July 20, 2007 addressed to Matthew P. Zerbe. Given the misinformation that seems to be circulating regarding Greendale’s position with respect to certain sewer issues, Greendale asked me to relate to you it’s position with respect to the allegations made in your letter.

At the outset, however, I want to reiterate Greendale’s position with respect to sewers in Dearborn County in general. Greendale agrees with the goal of the Dearborn County Regional Sewer District (“DCRSD”) – to sewer Dearborn County. However, Greendale believes we should sewer Dearborn County in the most efficient and economical way possible. In addition, Greendale believes the burden to sewer Dearborn County should, as much as possible, be borne by those in need of sewer (e.g., real estate developers, new home builders and buyers, redevelopment commissions wanting to invest in sewer infrastructure to attract business development) rather than the good citizens of Dearborn County. This has always been Greendale’s position. Any position Greendale has taken on a sewer issue has been the result of the consistent application of these philosophical policy beliefs. Neither the Mayor nor any other elected or appointed official in Greendale harbors any “ill will” toward the DCRSD (or Aurora or anyone else for that matter) as Mr. Hankins, Chairman of the DCRSD, is reported in the Dearborn County, IN – Public Forum blog to have stated at the DCRSD’s August 2, 2007 meeting.

It is entirely appropriate that Greendale should concern itself with what Dearborn County and the DCRSD is trying to do with respect to sewers. The citizens of Greendale are citizens of Dearborn County and are, therefore, regularly affected by what Dearborn County does. For example, if Dearborn County increases real estate taxes, the citizens of Greendale pay higher real estate taxes. Likewise, Greendale has an obligation to keep a watchful eye on how Dearborn County spends its citizens’ money, including money it spends for sewers.

With respect to the allegations in your letter, I disagree with your opinion that the South Dearborn Regional Sewer District (“SDRSD”) cannot legally serve outside the corporate boundaries of Aurora, Greendale and Lawrenceburg. This statement is demonstrably incorrect. While it is true that the original order forming SDRSD defines its geographic boundaries as the corporate limits of those municipalities, SDRSD’s statutory authority extends beyond those boundaries. Specifically, Ind. Code § 13-26-1-1[1] provides that a district may be organized for the purpose “to provide for the collection, treatment and disposal of sewage inside and outside the district.” (Emphasis added). Furthermore, a district such as SDRSD may “[c]onstruct, acquire by purchase or otherwise, operate, lease, preserve and maintain works considered necessary to accomplish the purposes of the district’s establishment within or outside the district,” and it may “[h]old, encumber, control, acquire by donation, purchase or condemnation, construct, own, lease as lessee or lessor, use and sell interests in real and personal property or franchises within or outside the district.” Ind. Code § 13-26-5-2(12) and (13) (emphasis added). These various authorizations make clear that a district such as SDRSD may own and operate facilities and collect and treat wastewater outside the district boundaries, and Ind. Code § 13-26-5-2(7) then authorizes a district to “[f]ix, alter, charge and collect reasonable rates and other charges in the area served by the district’s facilities.”

I also disagree with your opinion that the area outside the corporate boundaries of the three municipalities is served by DCRSD. This statement is untrue both as a matter of fact and of law. First, DCRSD’s territorial boundaries only extend to “unincorporated areas currently unserved by municipal providers.” Minutes of Dearborn County Commissioners (Nov. 15, 2005). Second, DCRSD does not own a sewage treatment plant, and it has no means of treating any sewage. DCRSD owns no sewage facilities whatsoever and so it serves nowhere. Significantly, Ind. Code § 13-26-5-7 (which you cited elsewhere in your letter) actually forbids DCRSD from exercising any powers under Ind. Code Art. 13-26 until it first contracts for the treatment of its sewage. Finally, and perhaps most importantly, Ind. Code § 13-26-5-2(22) authorizes SDRSD to exercise its powers “without obtaining the consent of other eligible entities.” The definition of eligible entity includes a “county, city, town, township, conservancy district, or other municipal corporation.” Ind. Code § 13-11-2-62. Indiana Code § 13-26-2-10(a) confirms that a regional district is a “municipal corporation.” The sum of these provisions is that a regional district unquestionably has the authority to provide service outside its boundaries and it may do so even within the boundaries of another regional district without that other regional district’s consent.[2]


Lastly, I disagree with your opinion that Ind. Code § 13-26-5-7 (“Section 7”) prohibits DCRSD from entering into the contract for sewage treatment that Greendale offered DCRSD last summer.[3] As noted previously, the import of Section 7 has apparently escaped DCRSD because, without such a contract, DCRSD is legally powerless to do anything with respect to sewage collection within it boundaries. Nevertheless, Section 7 does not require that the contract be with an entity that owns a treatment plant. The contract must be with an entity that owns and operates “facilities for . . . sewage . . . disposal, recovery or treatment.” (Emphasis added). Greendale owns facilities consisting of a collection system and it has secured contractual rights for treatment. It therefore owns facilities for sewage disposal, recovery or treatment, and DCRSD would have been authorized under Section 7 to avail itself of the contract offered by Greendale. Had DCRSD done so, it would not be in its present situation, which is without authority to exercise any of its statutory powers.

Although Greendale’s position with respect to various sewer issues may be different from those of DCRSD, such differences are exclusively the result of apparently differing philosophical policy beliefs, not any perceived “ill will.” Again, we agree that sewering Dearborn County is the right thing to do but think it should be done in the most efficient and economical way possible. If Greendale’s policy choices are wrong or if Greendale’s position with respect to any sewer issue is inconsistent with its policy choices, we invite and welcome you, DCRSD or anyone else for that matter to show us why. This is not a challenge; rather, it is an invitation to engage in a respectful debate of philosophical policy issues and the practical implementation of policy. We allow that we are not infallible and are quite willing to recognize a better way. We simply want what is best for the citizens of Greendale and Dearborn County and are happy to do anything we can, consistent with our fiduciary duty to the citizens of Greendale, to help sewer Dearborn County.

Very truly yours,



Richard A. Butler

RAB:pm
[1] SDRSD was formed under prior law. Pursuant to Ind. Code § 13-26-3-1, SDRSD is still “considered to be a district under this article,” and “acts of the board of directors are valid if permitted by this article.” Ind. Code § 13-26-3-1.
[2] SDRSD’s authority to provide service within the DCRSD territory is not affected by the decision of the Indiana Supreme Court in City of North Vernon v. Jennings Northwest Reg. Utils, 829 N.E.2d (Ind. 2005). That case arises under the Home Rule Act and holds that an entity which is subject to the Home Rule Act (a unit) may be limited in its authority to extend service within a district boundary after the district has been formed. Even if DCRSD was not denied the authority to proceed with its powers since it has no treatment capacity, a regional district is not a “unit” and is therefore not subject to the Home Rule Act and the holding of this decision.
[3] It appears this contention may be moot, as DCRSD rejected Greendale’s offer.

Thursday, August 09, 2007

Greendale Council Approved Proposed Contract with VRUC

AGREEMENT

This Agreement is executed by the City of Greendale (“Greendale”) and the Valley Rural Utility Company (“VRUC”) in order to facilitate the provision of wastewater collection, treatment, and disposal service for unincorporated Dearborn County and in order to provide water service for VRUC’s customers. This Agreement is premised on the following recitals:

A. Greendale is a municipality in the State of Indiana. Greendale provides sewer collection and treatment service and water treatment and distribution service in and around its corporate limits.

B. Wastewater collected by Greendale is treated at the South Dearborn Regional Sewer District (‘South Dearborn”) plant. Pursuant to a contract among South Dearborn, Greendale, the Cities of Lawrenceburg (“Lawrenceburg”) and Aurora (“Aurora”), and Pernod Ricard USA (Seagrams), the contracting parties Greendale, Lawrenceburg, Aurora and Seagrams each own defined capacity in the South Dearborn treatment plant. A copy of that contract is attached hereto as Exhibit A (the “South Dearborn Contract”).

C. VRUC is a public utility and a sewage disposal company pursuant to I.C. 8-1-2-89, possessing certificates of territorial authority (“CTAs”) to provide sewage disposal service in certain unincorporated areas of Dearborn County issued by the Indiana Utility Regulatory Commission (“IURC”). VRUC is also a water utility.

D. VRUC’s most recent sewer CTA was issued pursuant to an order of the IURC issued July 6, 2005 in Cause No. 42673 (the “Expansion Territory”). The Expansion Territory is shown in yellow on the map attached hereto as Exhibit B. Greendale is presently providing sewage utility service to the Sugar Ridge Development in the Expansion Territory, but the balance of the Expansion Territory is presently unserved. Unless Greendale provides the treatment capacity, VRUC is incapable of providing sewer service to the Expansion Territory. Greendale has sewer facilities in the immediate vicinity of the unserved portions of the Expansion Territory, and the Expansion Territory lies within the area to which Greendale is lawfully authorized to provide sewer service.

E. For the most part VRUC’s sewer service consists of service to the platted subdivision known as Hidden Valley Lake (“HVL”). Except for a few customers who are already connected and being served as of the date of this Agreement, VRUC’s existing service area (the “Existing Service Area”) is shown in green on the map attached as Exhibit B. The Existing Service Area does not include the area shown in pink on Exhibit B except to the extent of customers who are already connected and being served as of the date of this Agreement. Treatment for wastewater collected by VRUC is provided through Greendale at the South Dearborn treatment plant. At one time this service was provided pursuant to an agreement with Greendale, the term of which has since expired. Since the expiration of the term of that agreement, such wastewater treatment service has been provided by Greendale to VRUC pursuant to Greendale’s schedule of sewer rates established by ordinance.

F. Greendale and VRUC desire to enter a new agreement specifying the terms under which Greendale will provide for wastewater treatment service to VRUC and providing for the provision of sewer service to the Expansion Territory.

G. VRUC also provides water service to its members in HVL and a few existing customers located outside HVL, and Greendale provides water service to VRUC for a limited time pursuant to a Settlement Agreement dated October 31, 2005, between the parties. The parties desire to extend the duration and further define the terms for such water service.

NOW THEREFORE the parties agree as follows:

1. For a period of thirty (30) years commencing from the date of this Agreement, Greendale shall provide sewer service to VRUC for all wastewater collected by VRUC in the Existing Service Area (the Existing Service Area shown in green on Exhibit B plus other customers who are already connected and being served as of the date of this Agreement) pursuant to the following terms:

(a) For the entire 30-year period, VRUC will deliver to Greendale at the current point of interconnection all wastewater collected by VRUC in the Existing Service Area.

(b) Greendale shall charge VRUC for all wastewater delivered a rate of $2.18 per 1,000 gallons, which rate may be changed from time to time by ordinance subject to the following limitation: any changes to the rate will be made at the same time Greendale changes all of its sewer rates based upon volumetric water usage and must be made in the same percentage as Greendale changes such rates generally applicable within the corporate limits of Greendale.

(c) For all new connections or new construction or remodeling of existing construction producing additional wastewater flow in the Existing Service Area, VRUC shall pay the Greendale system development charge per equivalent dwelling unit pursuant to Greendale Municipal Code § 53.15(B).

(d) The service provided pursuant to this paragraph shall be construed as a requirements contract. During the thirty (30) year period, VRUC shall not displace the wastewater treatment service provided by Greendale under this paragraph by building its own sewage treatment capacity or contracting with any other person or entity for wastewater treatment service to the Existing Service Area.

(e) VRUC shall not deliver to Greendale quantities of wastewater in excess of Greendale’s capacity to accept, treat, and transport such wastewater.

2. VRUC agrees that VRUC and all VRUC customers shall be subject to such sewer use ordinances that Greendale may adopt on a nondiscriminatory basis and which are consistent with the definition of “Sewer Usage Ordinance” in Sec. 1.35 of the South Dearborn Contract and with the requirements of Section 4 of the South Dearborn Contract.

3. For a period of the longer of (a) twelve years from the date of this Agreement or (b) with respect to each Subdivision (as defined herein), when that Subdivision has been annexed into Greendale, VRUC shall be the wastewater treatment provider for the Expansion Territory exclusive of Sugar Ridge Development (the “Subdivisions”) pursuant to the terms of this Agreement. Each “Subdivision” within the “Subdivisions” shall refer to each particular platted subdivision development within the Subdivisions. VRUC shall provide such service only pursuant to the terms of this Agreement and shall not serve the Subdivisions through any other means. Developers of the Subdivisions shall construct sewer lines, pumps, valves, appurtenances, and such other sewer facilities necessary to serve the respective developments and connect them to Greendale’s existing sewer lines. To the extent recoupment and/or reimbursement may be owed to other customers and/or developers related to the facilities to which such sewer facilities will connect, the Developers must agree to pay such recoupment and/or reimbursement. The design and construction of these sewer facilities shall be subject to Greendale’s reasonable approvals. Upon completion of construction, the ownership of the sewer mains, pumps, valves, appurtenances, and other sewer facilities to serve the respective developments will be dedicated by the developer(s) to Greendale, subject to a lease of such facilities to VRUC for a period of the longer of (a) twelve (12) years from the date of this Agreement or (b) with respect to each Subdivision, when that Subdivision has been annexed into Greendale. Upon such dedication and acceptance, Greendale shall commence serving these customers directly as the agent of VRUC. No rent will be owed by VRUC or otherwise for such lease, but VRUC will hold such leasehold interest pursuant to this Agreement throughout the period of the lease as set forth in this paragraph. Upon the termination of the lease, these customers shall become direct customers of Greendale and VRUC shall no longer have the right to serve them.

4. Greendale’s sewer service to these customers in the Subdivisions will be commensurate with the service and level of service Greendale provides its own customers. Greendale shall be responsible for all aspects of service, including maintenance, repairs, capital improvements (as necessary), customer service, billing, and collecting of payments. The treatment capacity to serve the Subdivisions will be provided from Greendale’s capacity in the South Dearborn treatment plant. The wastewater flow from the Subdivisions shall not be subject to the volumetric rate provided in Paragraph 1.(b) of this Agreement.

5. Throughout the term of this Agreement, VRUC’s generally applicable schedule of rates as approved by the IURC shall apply to service provided to the Subdivisions. Greendale shall bill and collect from customers in the Subdivisions VRUC’s rates and charges so approved for VRUC.

6. For all new connections or new construction or remodeling of existing construction producing additional flow in the Subdivisions, VRUC shall pay the Greendale system development charge per equivalent dwelling unit pursuant to Greendale Municipal Code § 53.15(B).

7. As compensation for operating and maintaining the system and providing service on a contract basis to the Subdivisions as provided herein, Greendale shall receive the portion of the receipts from customers in the Subdivisions which is equivalent to the rates and charges that would have applied and been collected as if the customers were direct customers of Greendale. On a daily basis, Greendale will deposit all funds collected from customers in the Subdivisions into an account in VRUC’s name with a financial institution in Greendale or Lawrenceburg. On a monthly basis, Greendale shall provide a report showing all funds collected, the portion of the funds collected which represents Greendale’s compensation hereunder, and the remainder which is VRUC’s portion. Within five (5) days of receipt of such report, the VRUC shall transfer to Greendale the portion which represents Greendale’s compensation hereunder as shown on such report. If VRUC fails to pay the amount shown, Greendale may provide thirty (30) days notice to terminate the lease provided in Paragraph 3 of this Agreement. If VRUC has not paid in full by the conclusion of such thirty (30) day period, the lease shall be terminated immediately, the customers in the Subdivisions will become the direct customers of Greendale, and VRUC shall no longer have the right to serve customers in the Subdivisions. In addition to authority to terminate the lease for nonpayment by VRUC, Greendale may offset the amounts due and owing by VRUC against the daily deposits of funds collected from customers in the Subdivisions pursuant to this Paragraph.

8. Pursuant to Ind. Code § 36-9-22-2, Greendale’s contract with the developers of the Subdivisions for the construction of the needed sewer main extensions shall include on behalf of the developer and the developer’s successors in title the waiver of the right to remonstrate in a future annexation by Greendale. The contract will be recorded by Greendale before the sale of lots by the developer. Before being permitted to connect, any customer served by these mains must also waive the right to remonstrate in a future annexation by Greendale.

9. For so long as Greendale is providing sewer service to VRUC, VRUC agrees not to seek to provide sewer service to areas outside the Existing Service Area (shown in green on Exhibit B together with existing customers who were already connected and receiving service as of the date of this Agreement) and outside the Subdivisions as provided herein and not to seek additional or expanded CTAs from the IURC without Greendale’s consent. Greendale will consent to the provision of such service in the area shown in pink on Exhibit B but only pursuant to the same terms set forth in Paragraph 3-8 herein as apply to the Subdivisions. This term shall survive the expiration of the thirty-year period set forth in Paragraph 1 herein and shall continue thereafter for so long as Greendale provides service to VRUC at the conclusion of such period.

10. For a period of thirty (30) years from the date of this Agreement, Greendale shall supply and VRUC shall purchase all of VRUC’s requirements for water to be supplied to VRUC’s existing customers and VRUC’s future customers within HVL. Such service shall be provided at a rate of $1.08 per thousand gallons through October 31, 2007. The rate will change to $1.11 per thousand gallons effective November 1, 2007, and again to $1.15 per thousand gallons effective November 1, 2008. After October 31, 2009, the rate shall be the lowest volumetric rate in Greendale’s rate schedule as established by ordinance. Thereafter, such rate may be changed at such time as Greendale changes all of its volumetric rates for water service and in the same percentage as Greendale changes its volumetric rates for water service generally applicable within the corporate limits of Greendale. Greendale shall not have an obligation to deliver quantities of water in excess of its capability to deliver water to VRUC. In the event of a shortage of water supply, supply may be limited to VRUC on the same terms as such supply is limited to all Greendale customers. VRUC shall be responsible to maintain its own system to maintain minimum pressures and fire flows which VRUC considers to be necessary and adequate. Greendale shall only be obligated to provide water to serve VRUC’s existing customers and VRUC’s future customers within HVL and shall have no obligation to provide VRUC water to serve customers in any other location. VRUC shall not extend its water lines within HVL to serve areas outside HVL. The service provided pursuant to this paragraph shall be construed as a requirements contract. VRUC shall not displace the water service provided by Greendale hereunder by constructing its own source of supply or contracting with any other person or entity for water supply. VRUC may, however, make provision for a redundant source of supply for emergencies or water shortages and shall be permitted to utilize that redundant source of supply as necessary in order to flush lines connecting to said supply.

11. Greendale shall not be liable for an interruption in water or sewer utility service occurring due to circumstances that are outside Greendale’s reasonable control or occurring absent gross negligence on the part of Greendale.

12. Greendale shall be the owner of the water and sewer meters that measure the water and wastewater flow for purposes of the volumetric rates provided in Paragraphs 1 and 10 of this Agreement. Greendale shall have the right and the duty to test, repair and replace such meters in its discretion. Not any more often than once every 12 months, VRUC may request that Greendale test either or both meters. When a meter is found to be inaccurate by greater than 2%, the meter shall be repaired or replaced by Greendale as necessary. Bills for service to VRUC shall be corrected for the period of the inaccuracy, but not for more than one year, by using flows measured from a comparable period.

13. At the conclusion of the thirty (30) year periods provided in Paragraphs 1 and 10, the parties may negotiate new agreements pursuant to terms that are mutually acceptable. In the event new agreements are not negotiated for water and/or sewer service, VRUC may continue to receive water and/or sewer service pursuant to rates and charges duly adopted by ordinance by Greendale for all customers of VRUC who are connected and receiving service as of the conclusion of such thirty (30) year periods. Greendale shall have no obligation to supply water to or to receive wastewater from customers of VRUC who were not connected as of the conclusion of such thirty (30) year periods.

14. Neither party shall have right to assign its interests under this Agreement without the consent of the other party.

15. Each of the undersigned represents that he is duly authorized to execute this Agreement on behalf of the respective party.

__________________________________________
Valley Rural Utility Company

By: ______________________________________
Date:______________________________________

___________________________________________
City of Greendale

By: ________________________________________
Date:_______________________________________



INDS01 NKK 879446v1

Wednesday, August 08, 2007

7 August 2007 Dearborn County Commissioner Meeting Notes

7 August 2007 Dearborn County Commissioner Meeting Notes

Present: Hughes, Chairman, and Thompson
ABSENT: Fox

Also Present: Pickens, Auditor, Ewbank, Attorney, and Messmore, Administrator.

A uniformed police officer was present.

1. Commissioners denied the Med Ben Appeal from their executive session.

2. Mark McCormack- Planning Director presented two Zoning Ordinance Changes.
Article 3 Sect 315 on Conditional Use Requirements was approved including the change of wording from worse case scenario to maximum allowable use.

Article 5 Section 520 on zone map amendment requirements was approved.

McCormack will return with more ordinance changes at the Sept 4 meeting.

Comp Plan Advisory Committee is reviewing the draft of the future land use segment with comments due by August 27th so the PC can review them. Public hearing will probably be in September. McCormack encouraged commissioners to submit their comments.

3. OKI Contract- Hughes will bring up the dollar amount as being about $1000 more due to increased population estimates. The contract price is based on population. $15,000 was in the budget- they need a little more than $16,000.

4. Mike Fogle of the Sheriff’s Dept- presented grant application request to seek money again from the Criminal Justice Institute for their traffic safety partnership with cities and towns in the county. Of the $41,000 last year they used $20,000 for dui enforcement and $21,000 for seat belt patrol. They issued 1000 warnings and 1500 citations this year so far. 903 crashes were in county response records last year and they hope to reduce that this year. Commissioners approved grant to be requested. Last year money was spent on digital cameras at $5700 each and intoxilyzers at $900 each.

5. Jeff Smith- Weights and Measures- gave a report and asked for money to be in the budget for a new(er) truck. (His is 1997 with 247,000 miles on it and unreliable) He said he inspects 577 devices annually and did 656 this year- actually thinks 1300 need to be done. He listed a bunch of devices he thinks should be tested to “protect the public” including weight equipment at the high schools, and grocery scanners to see if they are scanning the correct prices etc. He said it takes about 15 minutes per device plus adm. time. He puts in 7-9 hours per week now.

Pickens and Thompson questioned the hourly rates and costs. Pickens had figures from Hamilton County where they pay $28/hour ($30-43,000 per year range) Smith said he’s part time- his pay translates to $38.hour. Smith pays his own insurance and his own home office (he lives in Bright) and truck. Smith said he couldn’t afford to keep working at this rate. Pickens asked if that was his resignation. Smith said NO. Thompson suggested using part of the EMA Building for his office- if they get rid of junk stored there.
[NOTE: Smith overplayed his hand here. If Smith is an independent contractor and we are outsourcing- then they just need to put the job out for bid. If they put him on the county payroll- and he has office space here- he’ll have to drive here to get his truck etc. Smith is apparently trying to get the county to buy the truck and pay for a home office and/or insurance or whatever. All were mentioned as part of his presentation. By contrast- the Council gets insurance, benefits, and the commissioners do also- and they are part time. Is there a “rule” on this?]
TABLED until Commissioners and Smith can review. Smith wanted to be paid for his review time. That was not approved. Messmore to help research.

6. Emergency Management- Bill Black- updated commissioners on SOSINK (Southern OH, SE IND, and Northern KY), NIMS training (Thompson to get his also) , Homeland Security purchases with grants, and stated he was trying to get rid of old junk.
He doesn’t agree with Thompson that he should move to Randall Ave if the HWY Dept takes on the big building out there. Black said he’d have to move radios etc. Thompson was concerned about pouring more money into the EMA Building.
They decided to put a “band aid” on it and approved the wider garage door for $8,000 for the Mobile Command Unit to arrive soon. Black will look at the DLZ study as will Thompson to see what upgrades to the building might cost.

Old cars metal, military vehicles, computer monitors etc are going to salvage or trash. None has been bought at any sales. [NOTE: Some of this could perhaps go through solid waste at their hazardous waste pick up (Computer parts) or to scrap metal dealers.]

7. Todd Listerman- Transportation Director gave a 20-minute report.
Commissioners signed off on the Cook Road cul de sac to have ROW recorded.

Commissioners approved Haag Ford‘s bid for three ¾ ton p/u trucks at $71,814.39.

Commissioners approved Kaffenberger’s bid for salt spreaders, dup beds, and plows at $47,340.

Paving for 2007 will be finished in a week or so with Dutch Hollow, Stewart, Hill, Kuebel and Bonnell. (Some are just sections)
Berming will be continued.

Listerman will request Council to transfer $50,000 from striping fund (bid came in lower than budget) to be used for equipment for other dump trucks (spreaders) and plate compactor for small jobs.

Listerman is looking for a pick-up truck for his ass’t hwy supervisor who is currently driving a ’97 Taurus and it doesn’t have 4-wheel drive.

Morgans Ridge- Maxwell’s sub’n on Mt Pleasant is repairing the hump in the road per their agreement.

Listerman is getting appraisals for Randall Ave Building.
[NOTE: Solid Waste may have looked at this building several years ago- and they may have appraisals. If so those could perhaps be upgraded- to save tax dollars.]

Commissioners approved starting the process for getting interlocal agreements with L-bg and Aurora to do small county sections of a few roads next to their jurisdiction. (Elizabeth Tower, David Dr, Gnawbone, Stony Lonesome were mentioned)

Listerman announced that he is an official county resident- moved into his new home.

8. Pickens- Claims and minutes

9. Messmore- Ok’d Aurora/Lawrenceburg libraries to use Courthouse Memorial Site for Sept 13 1 PM kick off reading program.

10. Ewbank- Attorney- explained the reason the county is losing out on the Anchor Glass personal property tax payments- the gist of which has something to do with bankruptcy laws that differ from state to state, Fed law pre-empting state law, and the unintentional violation of a stay that a judge ordered (County apparently certified and sent tax bill and this was viewed as a violation of the stay.) We get $8,000 in real estate tax and $27,000 in personal property tax, which is only 8% of the total bill.
[NOTE:So much for getting industry in to pay taxes- First PSEG and now this!]

11. Hughes presented budget itemization from 36-2-5-7-which Ewbank says is an old law on the books still. Apparently there are several forms Messmore has to fill out and get finished in the next 2 days. These show where money in the budget actually goes.

Meeting adjourned at 8:20 PM

Christine Brauer Mueller
Lawrenceburg Township