Monday, July 22, 2024

Food For Thought- Keep Your Eyes on Founding Principles



Keep Your Eyes on Founding Principles

If we were to prioritize one issue above all others in "Indiana Mandate," it would be election integrity. If Americans cannot trust the accuracy and fairness of their electoral process, our republic is sunk.

By Andrea Neal

reprinted with permission from IPR


If only George Washington could see us now … what would he say?

“Didn’t I warn you that political parties are a bad idea?”

“Have you forgotten my advice about avoiding foreign entanglements?”

“Just look at your credit cards. $34 trillion in outstanding debt. Apparently you ignored that part of my Farewell Address that urged you to pay your bills quickly so as not to burden the next generation.”

Yet here we are – so politically divided that an assassination attempt of our former president surprised almost no one.

So entangled in global affairs – we’ve committed 175 billion dollars in Ukraine-related aid and, according to the Stacker newswire, are involved in more than a dozen shadows wars from Afghanistan to Yemen.

My latest check of the national debt clock put it at 34.9 trillion and counting. We have burdened the next generation beyond anything George Washington could have imagined.

What would Washington and our other founding fathers have to say?

That was the question — and premise — behind the publication: Indiana Mandate, A Return to Founding Principles, An Agenda for the 2020s. I worked on this book with Craig Ladwig, executive director of the Indiana Policy Review Foundation, with the intention of examining current issues — local, state and national — from the lens of the founding generation.

With the 250th anniversary of the Declaration of Independence right around the corner, we hoped to get people talking about the many ways this country has strayed from the principles of limited government, rule of law, individual rights and economic freedom that have been the foundation of our country since 1776. And we asked the question: Can we return to those founding principles before it’s too late?

What is the evidence that the United States — in many ways — has lost its way? Consider the following:

On a global index of economic freedom, the United States ranks 25th – trailing such countries as Lithuania, Cyprus, Chile and the United Arab Emirates. The 2024 Index, conducted by the Heritage Foundation, looked at economic policies and conditions in 184 sovereign countries from July 1, 2022, through June 30, 2023, and ranked the countries on a 100-point scale. It found that the average global score for economic freedom is the lowest it has been since 2001 — at 58.6.

What’s notable is the continuing decline of the United States, whose score dropped to 70.1, its lowest level ever in the 30-year history of the Index. According to Heritage, the primary reason for a decline in economic freedom here is excessive government spending, which has resulted in mounting deficit and debt burdens. These threaten the quality of life of our children and grandchildren. Placing in the top three in the ranking are Singapore, Switzerland and Ireland.

Political freedom is likewise on the decline globally and in the United States. A ranking conducted annually by Freedom House looks at political rights and civil liberties on a 100-point scale. The organization reports that “Global freedom declined for the 18th consecutive year in 2023. The scope and scale of deterioration were extensive, affecting one-fifth of the world’s population. Almost everywhere, the downturn in rights was driven by attacks on pluralism — the peaceful coexistence of people with different political ideas, religions or ethnic identities — that harmed elections and sowed violence.”

The United States registered a score of 83, down from 86 prior to the pandemic, and behind such countries as Uruguay, the Bahamas, Slovenia and Portugal. Now, Freedom House has a bit of a left-wing ideological bias, so I disagree with them on the culprits behind the U.S. decline but I certainly agree that our political freedom is under attack. Political division and discord in this country have resulted in suppression of views, especially of conservatives and Christians, an increase in political violence, and concern for election integrity. And the Justice Department has been weaponized for political purposes.

What can we do about these trends?

The Indiana Policy Review believes the place to start is educating ourselves. We the people and our elected officials need to understand what the issues are and how we can apply founding principles to them. And some of these issues are complicated.

We started by picking 75 topics that are of concern today and researching what if anything the founders might have said about them. In some cases, there is clear and convincing evidence of what they thought. On some issues, we had to extrapolate. And in some, we stretched a bit in order to include them. It was a fascinating exercise and one I think all policy minded people should do before staking out a position on anything. After establishing the founders’ views, we offered context and data for the issue in today’s times. And whenever possible we suggested actions steps policymakers should take to take into consideration founding principles.

Let me share some examples.

Let’s start with the economy, which voters consistently indicate is a top issue heading into the 2024 elections. On many of the economic issues on which Republicans and Democrats disagree, the founders’ philosophy is indisputable. They opposed excessive taxation.

While their primary concern in the revolutionary era was taxation without representation, they understood that government should tax only for urgent need. George Washington wrote, "... towards the payment of debts there must be revenue … to have revenue there must be taxes … (and) … no taxes can be devised which are not more or less inconvenient and unpleasant." Today, the combined rate of federal, state and local taxes on the average middle class wage earner is approaching 50 percent … talk about unpleasant. As Craig Ladwig noted, that’s a rate that would make even King George blush. The solution is self-evident. Government must spend less in order to tax less. The public has to demand discipline from our elected representatives.

The founders were firm in their support of property rights. Thomas Jefferson borrowed heavily from John Locke’s second treatise in which Locke said that even in a state of nature, where no government exists, “No one ought to harm another in his life, health, liberty, or possessions.” Jefferson’s wording transformed Locke’s thought into “life liberty and happiness,” suggesting that happiness and property are related. George Washington said, “Freedom and property are inseparable. You can’t have one without the other.”

The founders warned against incurring government debt that couldn’t be paid off quickly. Washington referred to it as “ungenerously throwing upon posterity the burden which we ourselves ought to bear.”

The founders opposed earmarks – those bills that direct tax dollars to specific projects in lawmakers home districts. James Monroe said federal money should be limited to “great national works only, since if it were unlimited it would be liable to abuse and might be productive of evil.” Did you know that in January 2021 Congress brought back earmarks after a decade long moratorium? In 2023, Congress passed 7,396 earmarks costing $26 billion. Notably and worthy of kudos, Indiana ranked near the bottom in pork per capita at $5.70. Alaska ranked at the top at $668. Some would contend Indiana’s congressional representatives are failing to get Indiana its fair share. But this should not be a competition to fleece the taxpayers. The only solution: Ban earmarks altogether.

In sharp contrast to the national government, Indiana’s lawmakers are conscientious about spending and debt, our constitution places limits on debt, and our laws protecting private property are commendable. However, there are threats aplenty at the state level to our fiscal freedom. Economic development policies, as one example, distort market forces by picking winners and losers. This was one of the few issues on which the Republican gubernatorial candidates actually disagreed in the primary campaigns.

Economic development sounds worthy. The stated purpose of the Indiana Economic Development Commission and related municipal and regional agencies is to grow the economy and create good paying jobs. Their chief strategy, however, is to offer tax relief or subsidies to certain types of business ventures - from hotels to convention centers. We taxpayers fund all sorts of things that benefit some but not all — such as Lucas Oil Stadium where the Indianapolis Colts play. Indianapolis taxpayers are right now helping to finance the new Signia by Hilton Hotel downtown because the project couldn’t get loans from the private sector.

The example that you all are familiar with and that has been in the news is the LEAP (Lebanon Innovation District). At first blush, it sounds fantastic. It’s been billed as the economy of the future. 9,000-plus acres with advanced manufacturing, ag-bio science, defense, high tech logistics. The IEDC, which by the way is a quasi-public agency that receives minimal legislative review, has committed almost a billion dollars in tax dollars to it.

The case can be made – and was strongly made by Eric Doden and Brad Chambers in the GOP primary — that this will benefit Indiana’s economy, employ thousands, lead to technological advances etc. But what would the Founders say about it?

I think they’d object. The First Congress rejected a bill to loan money to a glassmaker as unconstitutional favoritism. In a debate during the second congress, South Carolina Rep. Hugh Williamson opposed a bill to pay a bounty to New England cod fishermen because it sought to – “gratify one part of the union by oppressing the other.”

We hear the term crony capitalism thrown around a lot. It’s something we need to be concerned about because it limits economic freedom. The founders would point out that crony capitalism caused the Boston Tea Party. Colonists objected to the Tea Act of 1773 because it granted the East India Company a monopoly on tea exported to the colonies, exempted the company from the export tax and guaranteed it a “drawback” or (refund) of duties owed on surplus quantities of tea in its possession. The tea act benefited some at the expense of all.

Let’s move from the economy to election integrity. If the Indiana Policy Review were to prioritize one issue above all others in "Indiana Mandate," it would be election integrity. If we cannot trust the accuracy and fairness of our electoral process, our republic is sunk.

The latest survey I could find on this was CNN’s from August 2023, when 69 percent of Republicans and Republican-leaning voters questioned the legitimacy of Joe Biden’s election. That’s a lot of “election deniers.” Many in the Republican Party are saying the only solution is to beat the Democrats at their own game – to do everything possible to maximize early voting and mail-in ballots so the GOP’s lead can’t be eroded by “middle of the night” vote-counting shenanigans. Elon Musk just committed 45 million-dollars a month to a political action committee that will focus on early voting efforts.

What would the founders say?

The earliest elections occurred by voice vote or paper ballot, and — as today — fraud was a concern. Candidates greeted voters at the polls, often offering food and drink to opponents as well as supporters. Elections in the early republic sometimes lasted two or three days to accommodate those traveling long distances to the courthouse. The idea of month-long early voting periods or mail-in ballots, however, would defy the founders’ understanding of “election day” as a patriotic and social affair that brought citizens together for what Samuel Adams called “one of the most solemn trusts in human society.”

Absentee and early voting are modern inventions. Absentee voting began during the Civil War so soldiers could participate in the 1864 presidential election, but it wasn’t until 1921 that a state — Louisiana — enacted the first absentee law. California was the first state to offer absentee voting for any reason in the 1970s, and Texas offered early in-person voting starting in the late 1980s.

This trend continued and accelerated during the Covid pandemic. In 2016, two in five ballots cast for the general election were early, absentee or by mail. In 2020, 43 states allowed early voting with windows ranging from a few days to almost 50. In Indiana, early voting starts 28 days prior to the election.

Early voting sounds democratic but creates a huge risk of fraud and ballot damage, misplacement or accidental destruction. As observed by political commentator Deroy Murdock, “Making early ballots disappear from overwhelmingly Democratic or Republican precincts could throw elections. Even if nothing inappropriate happens, as ballots gather dust, they generate suspicions of monkey business, especially in skin-tight races. Such doubts corrode confidence in institutions and officials.”

Early voting is changing the fundamental nature of campaigning, making it more expensive and thus more likely to benefit incumbents, who have budgets, staff and tactical ability to conduct get-out-the-early-vote efforts. Further, early voting changes the very nature of the election season. From Labor Day until early November, candidates have the opportunity to appeal to the people, and citizens have the opportunity to debate. According to constitutional law professors Eugene Kontorovich and John McGinnis, “The integrity of that space is broken when some citizens cast their ballots as early as 46 days before the election, as some states allow. A lot can happen in those 46 days. Early voters are, in essence, asked a different set of questions from later ones; they are voting with a different set of facts.”

Indiana can be a leader here. Under the Elections Clause of the Constitution, state legislatures hold the power to determine time, place and manner of federal as well as state elections. Any effort to address the chaotic hodgepodge of voting rules and procedures that exist around the country needs to begin at the state level.

Indiana lawmakers could and should return to single-day voting on Election Day, expand voting day hours (6 a.m. to 9 p.m.), increase the number of polling sites and continue to offer absentee ballots to Hoosiers with legitimate reasons they cannot vote in person at the polls. Indiana has the opportunity to create a model law that restores the integrity of Election Day but preserves the opportunity for all eligible citizens to vote.

At the federal level, we should make Election Day the most important national holiday, rivaling Memorial Day and the Fourth of July. Countries that do this have higher voter participation rates than the United States.

Turning to education, another issue that continues to be at the top of voter priority lists. Here’s what is absolutely clear: The Founders were not worried about college or career readiness, which are the obsession of politicians and business leaders today. They saw the primary purpose of education as “civic” — as unifying. as essential to character development. They understood that the ability to read, write and think is essential if citizens are to take part in representative democracy.

That thought was written into the Declaration by Thomas Jefferson: Governments “derive their just powers from the consent of the governed,” and it was assumed education made that consent possible. It was never suggested that the government order students to attend certain schools, and the wording in subsequent state constitutions made clear that the establishment of public schools was for regions where schools had not yet been established.

The Founders considered civic education essential to continued good government. In his Farewell Address, George Washington said, “A primary object should be the education of our youth in the science of government. In a republic what species of knowledge can be equally important? And what duty more pressing than communicating it to those who are to be the future guardians of the liberties of our country.”

At that we have failed abysmally. We laugh when the late-night comedians air “man on the street” interviews showing just how ignorant Americans are of their history. I watched one on Prager U’s channel the other morning conducted at the National Mall. When was the Declaration of Independence signed? 1904. To what political party did Lincoln belong? Democratic. In a recent Annenberg survey, less than half of Americans were able to name all three branches of government.

To our great detriment, we have lost the Founders understanding – that the new country would remain free only ifs people were education in good government and history – and we need to get that understanding back.

As a side note, the Founders were all-in on phonics. Noah Webster, best known as the author of the dictionary, noted that “every child in America … should read books that furnish him with ideas that will be useful to him in life and practice.” Webster’s “blue-backed spellers,” used during the 18th and 19th centuries, taught children to spell and read by learning explicitly the relationship between letters and sounds. The Indiana General Assembly has been trying to get “science of reading” back into the schools, but it hasn’t been easy because of resistance from the education schools and teachers unions.

Moving on to the administrative state, the bureaucracy, the swamp. The Founders would be aghast at where power lies in our country today – it lies with executive branch agencies and employees. They would surely be in favor of Vivek Ramaswamy’s proposal to cut the federal workforce by 75 percent.

The Founders created a system of checks and balances with separation of powers to ensure no one branch overpowered the others.Their writings, however, make clear that they considered the legislative branch the most important because it was elected by the people. It’s horrifying to report that executive branch agencies enact more policies each year than Congress itself.

In 2023, the Biden administration issued 3,018 regulations with the force of law, compared with 65 laws passed by Congress during the same period. This directly relates to the economic freedom rankings I mentioned earlier. The National Association of Manufacturers reports that the cost to the economy of regulatory compliance exceeded 3 trillion dollars in 2022. For a typical U.S. business, regulations cost about 19 percent of payroll expenditures. This system has been decades in the making and will take time to solve, but Congress can start with a simple accountability measure. Require lawmakers to vote all major rules into law. Congress should feel empowered in this regard by the Supreme Court’s recent, welcome decision to overturn the Chevron precedent, which had essentially allowed federal agencies to interpret the laws they administer with almost no oversight.

Let me finish by sharing a few of things that surprised and delighted me about the Founders.

As you might imagine "Indiana Mandate" does not buy into the validity of climate change. The Founders would not have supported President Biden’s effort to shut down coal plants or to phase out fossil fuels; they would have agreed with the philosophy of energy independence as a matter of national security.

That said, they liked trees, and would probably approve of tree-planting and tree conservation as the best method of carbon capture, which reduces air pollution.

British historian Andrea Wulf, in her book "Founding Gardeners," credits James Madison, the father of the Constitution, with being a forefather of the American environmental movement. “Madison feared that if society lived off nature at the current rate it would eventually destroy it and that man had to return to nature what man took from it,” Wulf writes. Notably, Madison’s residence in Montpelier, Va., maintained hundreds of acres of untamed forest, which he saw as a treasured asset. The fourth president demonstrated his affinity for forests into retirement when he protested unnecessary logging in an 1818 address to the Agricultural Society of Albermarle County, admonishing farmers for “the injudicious and excessive destruction of timber and fire wood.”

The Founders would not have supported subsidies of electric vehicles, but they probably would have been fascinated by the technology. They were noted tinkerers, Ben Franklin’s experiments with lightning being just one example.

For that reason, they might think ChatGPT and Artificial Intelligence are pretty cool – but surely they would worry about their use in K-12 classrooms before students acquire the necessary skills of reading, writing and critical thinking.

Finally, an issue of great importance to the next generations. They would tell the Indiana legislature: Do not follow the crowd. Do not legalize marijuana. They would tell the Biden administration: Treat fentanyl as a public health emergency. Dr. Benjamin Rush, founding father and founder of the first medical school in the United States, warned his colleagues that overconsumption of distilled spirits negatively affected industry, health and morals. His then novel theories about alcoholism and addiction have all been proved correct by subsequent research.

The founders of our country knew what they were doing when they created the United States of America. They had insight into almost every issue confronting us today. We talk in "Indiana Mandate" about such diverse issues as the autism epidemic, vaccine mandates, Midwest exceptionalism, term limits, wind power and abortion.

Our country is on the verge of squandering a great inheritance. Let us honor the 250th anniversary of the Declaration of Independence by reclaiming their wisdom, their political philosophy, and their founding principles.

Andrea Neal, formerly editorial page editor of the Indianapolis Star, is a history teacher and the author of three books, including “Road Trip: A Pocket History of Indiana” and “Pence: The Path to Power.” This essay has been adapted from a talk she is giving to Indiana groups preparing for the upcoming 250th anniversary of the Declaration of Independence.

The Indiana Policy Review Foundation is a nonprofit education foundation focused on state and municipal issues. It is free of outside control by any individual, organization or group. It exists solely to conduct and distribute research on Indiana issues. Opinions expressed in signed articles do not necessarily represent the views of the editors, the Indiana Policy Review Foundation, or its board of directors. Nothing in this journal, whether in print or pixels, is an attempt to aid or hinder the passage of any bill or influence the election of any candidate.





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22 July 2024 Dearborn County Plan Commission Meeting Notes

 

22 July 2024 Dearborn County Plan Commission Meeting Notes

Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, Jeff Hermesch, Mark Lehman, Joe Vogel, Jake Hoog, Dan Lansing, Jim Thatcher, and Eric Lang

ABSENT: Joe Vogel, Eric Lang

Also Present:  Nicole Daily, Planning and Zoning Director, and Andy Baudendistel, Attorney.

Also present: Tamara Taylor, The Beacon

Baudendistel read the Title VI statement as legally required.

ACTION ON MINUTES- April 22, 2024 minutes were approved.  May 28, 2024 minutes were approved with typo correction.

OLD BUSINESS:

Request: Zone Map Amendment from Heavy Industrial (I3) to Planned Unit Development (PUD) Mixed Use Applicant/Owner: Hrezo Engineering / Lighthouse Point Yacht Club, LLC Site Location: 11042 SR 56 Parcel: #15-12-09-500-007.000-002 Township: Center Size: +/-56 acres Existing Zoning: Heavy Industrial (I3) Nicole daily presented the overview again for the board. Red indicates it’s all in the Floodway- Not the Flood Plain.She showed the existing conditions and the private roadways in the plan.Looking at the 2 view ports on the one side of the property and elevations. Permitting thru INDOT for the driveway and the ditch line. She showed pictures of the ridges for proposed housing and open space area. Added pics to show elevation differences. Staff recommendation regarding cars going off the road - had pics to show that area along the road. Supporting pictures of past floods were included from applicant. 

Board discussion- Proposed ditch is within the ROW but beaming is outside of that. This is partly for vehicles that could run off the road.

Mark Banschbach and partner Rick Bush who could not be here. This potential is $35-40 million when built out. Mayor Steve Slack in Raising Sun and Randy Turner and Pat Stewing Aurora Mayor also said they would get the utilities there. $400,000 a year is  revenue for the county per year potential. They pretty much met their zero rise. FEMA drives DNR and DNR drives the county. Rohe does all their loading beyond 15 acres of this project’s vacant land. Racing, skiing, and casinos are here in the county. Boats and side by sides, helicopters, bands etc here. Condos are a part of this- they will sell because of the vision for  activities there. Does not want to be an adversary with Rohe - and Jurgensons which own Rohe. He admires them as they never sell anything. He has letters of support- and he asked them to let them do this. He cited Tamara Taylors Triple Whipple Bridge JCAP fundraiser that is also in this area this year. He’s willing to risk his money.So they should let him, Jim Bertram from Hrezo Engineering. also represents them. Moved the cabana bar and want the road to be level to the condos.1997 flood was at 65 ft. In 1967 it got further. Even when it came that high it would not be in the living units.I understand the risk I am going to take. If the water gets to 74 ft then a lot of people would be in trouble. The ditch will mediate wetness that stays on the road there. It will get it back to the creek. They will have to design a better footer and the basements will all be masonry. He cite that this project is 1/3 of the size of the ones he’s seeing in Westfield and Whitestown and Carmel. He developed Aspen Ridge and condos by Proof 124. People are needing this kind of housing, We have to have a density of housing. These units will be $300,000 units. This will hopefully bring people to fill jobs in our area. 64 units? Up to $1.4 million, then the gov’t requires 3.4% Fannie Mae and Freddie Mac for loans. If you see what I do - even on the RR tracks behind Proof 124- people are begging to live there. I know what to do and I know how to build. He has had the property since February 2021. Still have one of the nicest marinas on the river. Boating has changed and some boats are $400,000.DNR.  FEMA, and INDOT and passed the HEC RES study - there is still a lot of time to get thru all the rules. It’s a prime piece of property. This is my vision when I bought it - more so than the marina itself. He thought it would be easier to go from I to R zone. Lehman asked about about which plan was the latest version. The trees planted along roadway - they were providing a little more landscaping and now with the private drive they can keep the existing trees and add some within. Some are along Jurgenson property. This space can be a sound barrier. Lehman- Overall - I don’t hate this plan. If this were a straight zone change there would be landscaping that you had to provide. There’s a lot of grass area there. Because it’s a PUD there seems to be a lack of landscaping on that north side of the property. We need to get that info during the favorable or unfavorable recommendation to the commissioners. We need to get the north and the SR 56 edge landscaping beefed up.  Daily - they put the rules for I to R in the code for straight zone changes in tech review for the project. The PUD changes things so we have to put these items into the Favorable Recommendation per Lehman. Rising Sun bond passed and waiting for READI money per Baudendistel. 16 units can go in NOW, but the future units need electricity upgrade there. Aurora is doing water, sewer, gas. Rising Sun is the electric. DNR is at least 6 months. Fire and EMS is available- with letters in packet. They will need 8 in water main for fire. 

PUBLIC DISCUSSION:

Mark Richardson with Paul Rohe Company- turned in letter last meeting- in opposition. They would appreciate the landscaping if it goes thru. They have had to zone for Industrial- it’s hard to get- we build buffer zones, berms and trees. The situation is now reversed. If Rohe resumes operations down the road - we bring in heavy materials from the river. Thatcher asked if he had a 5-10 year plan. Not in writing- but they have asphalt plants as well as aggregates. No plans to move anything there right now. Jurgenson does not sell- it’s always good to have property an options open. Thatcher informed him- that because Jurgenson/Rohe were there first- they have priority.Even if condo owners complained.  

Debbie Huffman- If you approve PUD tonight- and it doesn’t work out- does it revert to Industrial? PUD’s are very specific and so if he sold the property- they would still have to do the same as this plan would state. Or they could put it in the zone request to revert???

END PUBLIC DISCUSSION

Jake Hoog- What type of buffer on SR 56?- Berm and ditch - so they need to put it in the motion if they send this to Commissioners. And the northern section has a Buffer yard 4 recommended. And the applicant agreed that tech review could review it to see if they could do it within a 25% reduction if there were issues. 

Daily said they could put northern border and SR56 side together with this option. 

Hoog asked about streets- All the streets are private now in the plan. Others commented that HVL is all private streets.

Lehman-  water and sewer can only be provided to 16 units now per Daily. The electric is going to be there. He asked about this to see what is in the recommendation. Do we want a 2 year limit to submit the improvement plan? Issue is with the FEMA,DNR, etc permits that will slow this down.

Beiersdorfer- They showed picture with high water- At that time you could not travel SR56. Six fire trucks showed up once at fire where his parents live - so that is a problem. I would never tell Jurgenson that they would have to do landscaping - they were there first. This is a prime place for camping but nothing permanent, in his opinion. They cannot do it on other rivers- makes no sense why the Ohio river rules are different  (because it is a scenic byway). You asked! Just my opinion. 

Lehman- There is a clause you put on the record plat we can do? They can do this regarding the adjoining Industrial district that Jurgenson/ Rohe owns.

Beiersdorfer- You showed other areas of Indiana- but those areas are flat- not river. He’d hate to see what would happen if we have a 100 year flood. 

Lehman-It’s not incompatible completely now- People will know that they are moving next to an I-3 site. I see Russell Beiersdorfer’s coming from - but not sure it’s enough to deny it. 

Lansing- I see it the way you do. He has more steps along the way. This is just the first step. He has done what you asked him to do at last meeting.

Hermesch- It falls in line with what we are asking.  

Kraus, Jr. - If he can meet his engineering study- they know more that I do- regarding flood level. If he can meet FEMA, IDEM and DNR, 

Lehman- Motion for a Favorable Recommendation to the Commissioners t Rezone from I-3 to PUD Mixed Use for proposed development of 64 town homes, of 4 unit type with individual lots, 2 commercial buildings, a marina, RV Park, recreational areas, and open space with the following commitments:

Phase 1-  16 units record on record plat  until utilities are upgraded.

Clause that they are moving into an I area and sound smells and operations. 

2 years timetable  till they submit improvement plans or request an extension by PC otherwise it reverts back to I-3 zone.

 SR 56 has a type 2 landscaping and Type 4 bufferyard on north property line. With berms constructed on plan.With permission to move ditch line out of ROW per tech review

 All streets are privately maintained in the PUD

As per findings of fact cited here tonight and Article 5 section 540 in the Zoning Code. 

Vote was 5 in favor with Thatcher abstaining and Beiersdorfer voting Nay. Passed to Commissioners for August 20th evening meeting 5 PM.


NEW BUSINESS: none

ADMINISTRATIVE:

No meeting in August for PC. 

The items om agenda below were NOT discussed tonight.

Review, discuss and recommend changes to the Zoning Ordinance, Article 8—Floodplain Regulations 

Review and discuss multiple changes to Zoning Ordinance and Subdivision Regulations based on new State Code related to development on slopes up to 25%.

Meeting adjourned  8:15 PM

Christine Brauer Mueller

Lawrenceburg Township

Thursday, July 18, 2024

AGENDA- 22 July 2024 Plan Commission Meeting

 PLAN COMMISSION AGENDA 

Monday, July 22, 2024 6:00 P.M. 

*Location: Henry Dearborn Meeting Room; Dearborn County Government Center

 A. PLEDGE OF ALLEGIANCE

 B. ROLL CALL 

C. ACTION ON MINUTES—April 22, 2024 & May 28, 2024

 D. OLD BUSINESS – 1. Request: Zone Map Amendment from Heavy Industrial (I3) to Planned Unit Development (PUD) Mixed Use Applicant/Owner: Hrezo Engineering / Lighthouse Point Yacht Club, LLC Site Location: 11042 SR 56 Parcel: #15-12-09-500-007.000-002 Township: Center Size: +/-56 acres Existing Zoning: Heavy Industrial (I3) 

E. NEW BUSINESS – 

F. ADMINISTRATIVE  Review, discuss and recommend changes to the Zoning Ordinance, Article 8—Floodplain Regulations  Review and discuss multiple changes to Zoning Ordinance and Subdivision Regulations based on new State Code related to development on slopes up to 25%.

18 July 2024 DCRSD Board Meeting Notes

 18 July 2024 DCRSD Board Meeting Notes

Steve Renihan - President, Brett Fehrman - Vice President, Russell Beiersdorfer, Bill Shelton, Doug Baer, and Steward Cline 

ABSENT: Jeff Stenger

Board Attorney - Frank Kramer

Also present: Christy and Bob from Hrezo Engineering, Liz Morris, Council President, Commissioners Thatcher and Probst, and Tamara Taylor from The Beacon (who left just a few minutes in).

Renihan read the Public Access Statement as legally required.

Minutes: June 20th Minutes Approval -Tabled until next meeting

Treasurers Report- May and June Financial Reports were Approved. Total assets are showing up on the financials starting in June per Renihan. Cline questioned the moving of money around without a board approval. $146,000 for High Ridge is the actual checking account that the bills are paid from. $2,800,000 is the infrastructure - plants and pipes.That is the net amount they paid for it per Renihan. The money that the county put in is OK to move around for the bills etc. per Cline.Baer said there will be separate accounts for all the projects.We haven’t let the project yet so thats why we left some in the checking account to get interest until it is needed.    

Public Comment:Richard Boyd sp?- Our sewer still isn’t working- hasn’t worked for more than 3 weeks since Day 1. Have bled air, have cleaned probe, pressure gauge over 40 it would go into alarm mode. Had a larger pump put in.  An Aurora utility break happened and that was also fixed. Has 3,184 hours. ( They had not reset the hour meter when new pump put in.) Neighbor has 158 hours.Has Aurora water and a meter for outside water usage. Reimbursements needed. High head pump. Doug (who does maintenance) said it was at 47 lbs and 27 lbs at top.

Renihan said that at some point the pumps become homeowner’s responsibilty. Hrezo said the pumps should last 5 year. Expected run time is 3-4 times a day.

Action: Board said to order a high head pump with a thermal shutdown. Installed at DCRSD expense to check the performance. If it’s not sewer district issue but something else they will revisit who pays the cost. They will revisit at 6 weeks from installation with data. CH& M will do the installation with Doug. Hold on to the old pump until settled. Approved.  They thanked the Board.   

Project Updates: Bob and Christy presented for these.

Guilford- reported on communications with IDEM and the underground plant pictures. Permit is in for plant and collections. Putting it out to bid- and they sent it to the newspaper and it will be there for 2 weeks starting Friday. They also send to potential bidders. They will put it on the county website per Baer. This also shows people the project is moving forward. Cline said he wants it broadly advertised to get more bids. The Plant is $190,000 over budgeted and Hrezo fees- per Cline- we have to watch these amounts. Cline wants the ARPA money accounted for separately. They will be going there in late Aug - Sept to request ARPA funds. This is going to take contingency down to $400,000 plus. The Earth Tech price is good for 15 days. Fiberglas tank issues - should order now per Hrezo. 

Jim Thatcher said they cannot do this piecemeal. 

Cline wants an extension to Sept 1 not 15 days.

 Liz Morris said that it will take longer because ARPA meets, then Commissioners, then Council. 

That timeline should lead to Sept 30 per Baer.

Bids will be here to open at Aug 15 meeting. Get to ARPA soon after that. Commissioners meet 1st and 3rd Tuesdays. The Council meeting has to be advertised with the exact dollar amount they are requesting. 

Jim Thatcher - Commissioner and Chairman of ARPA- The money goes back if not ready by end of October, then that money will go to Highway. Otherwise they lose the $8 million. That is the deadline. 

Renihan- Lake Dildear may get done in time, but that will depend on the costs of Guilford and ARPA committee decision.

Renihan - get this out to bid for Friday of next week. August 15 is bid opening.

Frank Kramer- terms of agreement need to be finalized in writing- need an occupancy permit (undated) and several fees totaling $3410. Contractor has 1750 fee to RR for Right of Entry. Insurance costs $1150 for 60 days if they cannot find their own. This is part of the contractors bid. Approved to do all this.      

High Ridge WWTP -Doug had a pump at the plant break and gave them the cost for it. Indiana Pump Works. Approved.  

High Ridge west Expansion - 

Wilson Creek Project

Huesman Rd and Cole Lane

Harrison TIF/Stone Project

Scenic Ridge/148 Sewers /Outer Drive

Stateline Rd- Fehrman-having a lot of difficulty with Crossroads Utility. This is the one that is in Crossroads territory. Nick Bailey left and they need a contact to call. Chris Legally (sp?) at SDRSD might be able to contact. Baer will also check with Chris Madden who negotiated in Bright also a while ago. 

Serenity Ridge Tranquility Court- 

Moores Hill

Dillsboro- Lake Dildear- Christy said drawings sent to IDEM for review. Dillsboro can offer 30,600 gal per day- 80 single family homes church gas station and SEI. Application signed by Dillsboro so Christy could make application. Cost of service study had all them data that we need from Dillsboro. $2434.90 per connection. Rates $11.66-12.17 per 1000 gal of water treated. Looking to seek standard for penalties section. By next board meeting should have draft contract. More discussion on the costs not being bulk rate. Steve Brock was contacted regarding what this would do to our rate schedule. Cline noted Stenger was not in favor of that fee.  

New Business: none

Office Update: billing adjustments made- so board had to approve per SBOA if they allow. 

Claims: Approved

Discretion of the Board: Renihan- Emphasize we have to move forward with Guilford. Asked line what to do to move that forward. It depends on the 2 numbers and understand the rate effect. There are no options.Maybe use. Flowmeter for each customer maybe? Fehrman- They can inspect inside if needed. Water meter readings? Penalty issues? Renihan Getting a sewer out there would be great for the county out there. Still question for the rate consultant. 6800 gal per day treated at HighRidge for example per Doug. Beiersdorfer-Maybe play hardball - too high and we don’t do it. Still negotiate more with them per Renihan.  

Adjourn: 7:10 PM

Christine Brauer Mueller

Lawrenceburg Township

Tuesday, July 16, 2024

16 JULY 2024 DEARBORN COUNTY COMMISSIONERS MEETING NOTES

 16 JULY 2024 DEARBORN COUNTY COMMISSIONERS MEETING NOTES


Present: Acting President, Rick Probst and  Alan Goodman,


ABSENT: Jim Thatcher,


Also present: Connie Fromhold, Auditor, Andy Baudendistel, Attorney, and Sue Hayden, Administrator


TITLE VI STATEMENT FOR COMPLIANCE was read by Baudendistel as legally required.


OLD BUSINESS


Stateline Rd Demolition Bid Opening- Nicole Daily -Planning and Zoning Director : 

Orschell Excavating - $8,200

Probst Excavating - $11,400

Wolf Contracting- $12,450

Howard Excavating- $15,748

Darrin Gunter Excavating-  $11,800

Dave O’Mara - $69,736 (several wondered if this was a mistake?)


No decision - she will review and bring back fro approval. 


Proposed Zone Map Amendment- B-1 to R3- TABLED AGAIN 

Baudendistel said that he’s been in touch with Anthony Smart Atty for DCRC. They have deadline for the 90 day rule and it goes into effect by that mid August meeting. We do not want to miss that 90 day mark. 


NEW BUSINESS:


PAWS Presentation- Request to Council- Pat Hawkins, Treasurer of PAWS- Three Board members wherewith her. They have a very big ask, They want an increase from $11,000 - $20,000/month. All animals adopted for released have to be spayed or neutered. And greater support for animal control needs and increased quartering animals and increase in facility costs. Inflation is up 40% since 2011. Original contract was 3 years and $10k and increased to $11k per month in 2022. The contract requires certain things for Animal Control. Monthly costs increased $28,765 to $60,000/month. Spay and neuter is done in their facility saving $70 per animal. Control intake is practiced. Eliminated community cat program. Used to have discounted services for spay neuter. Closing an extra day per week to save $22,000/year. Already close one day for their vet procedures. Increase in animal abuse cases. They get food donations and send some of that to people in the county who need help feeding their animals. She asked if they had any questions. 


Goodman- County pays what portion of budget.- 10-15% of their budget.


Probst- This is a HARD ask. This is a no kill shelter practice. 28.3% are sent to shelters or adopted. 


Goodman- Is there any way to adjust that ask? Not sure Council will be comfortable with this. Maybe a progressive per year plan would get past Council. Appreciates what they do.


Probst- Have ask for what you need- so Council knows.  Maybe show the hard costs for all these items to present to Council. 


Hawkins has the historical budget in QuickBooks  to show the line items. 


Sue Hayden put the full amount into the budget request as the deadline is passed. Council meets August 19th for several days for budget.  They will bring more info to Connie Fromhold for that budget hearing. 


Todd Listerman, County Engineer:

INDOT Contract Bridge #14- Bells Branch Rd- $495,000 for all preliminary engineering- this is an 80/20 federal project. Approved and signed.. 


2024 Line Striping Agreement - All roads with 1000 vehicle trips per day -All done except for the agreement that contractor will follow all contract info for Oglesby Line Striping. Approved. 


2024 Contract for Emergency Medical Responder Service with Dillsboro Volunteer Fire Dept First Responders- Baudendistel- this is like Friendship and New Trenton for first responders. This is what the commissioners wanted to get in place to catch up with what Dillsboro has been doing. $20,000. Approved. This is to be signed by Jared who is President and the secretary. Jason Sullivan will take it to them. Contract was in previous posting on this blog.


MS4 Ordinances: 

Ordinance to Adopt Storm Water Management Ordinance- Baudendistel- said this will establish a new chapter 156  for them in the ordinance. This will be 44 pages - and Sandy Whitehead, Kyla,  Nicole Daily and Denny Kraus, Jr. and Todd Listerman. This has been shared with OHM . Enforcement won’t start until the 183 page tech review  is adopted. Approved. 


Ordinance to Adopt MS4 Fee Schedule and Establish MS4 Funds- Baudendistel said this established the fund and fee schedule- into Chapter 34.This is a non- reverting fund and is appropriated by the Council. Sandy and Todd  can coordinate with other depts. Approved. 


Cities had asked for Sandy to work for them too- but were advised that she could not handle all that by Baudendistel.   


ADMINISTRATOR – Sue Hayden- advised of her vacation time 


AUDITOR – Connie Fromhold  -Claims/Payroll and July 2nd Minutes- Approved


ATTORNEY – Andy Baudendistel- has a letter prepared and there is also a different source wagering tax- 1/21 of 5% that is split between EMS units. 

This is for DEMU- and different one from the other source of funding

This was signed by Jason Willoughby and he did  not properly execute. As such the attached agreement is void. There is a 30 day notice to the DEMU on this. 


This is the letter:


  Dearborn County Commissioners

165 Mary Street, Lawrenceburg, Indiana 47025

Phone: 812-537-1040   Fax: 812-532-2003


   Jim Thatcher, District 1

  Allen Goodman, District 2

Rick Probst, District 3

 

July 16, 2024


Dillsboro Emergency Ambulance Unit Inc.

13036 North Street

P.O. Box 3

Dillsboro, IN 47018


Re: Termination of 2024 Agreement for Emergency Medical Services


To Whom It May Concern,


This letter is in regard to the 2024 Agreement for Emergency Medical Services between Dearborn County and the Dillsboro Emergency Ambulance Unit Inc. (a/k/a the “Dillsboro Emergency Unit” or the “DEAU”).  This Agreement is attached for your review and is a different agreement than the 2024 Contract for Emergency Medical Service that has been discussed over the past several months.  This Agreement involves distributions from the Dearborn County portion of the Supplemental Wagering Tax.


As you can see, this Agreement was signed by a Jason Willoughby on behalf of the DEAU.  As has been alleged on multiple occasions by Board members of the DEAU, Mr. Willoughby was not properly elected and did not have any authority to execute any documents on behalf of the DEAU.  In addition, at the time the Agreement was executed by Mr. Willoughby on behalf of the DEAU, the DEAU was “Administratively Dissolved” and, therefore, not a functioning nonprofit corporation in the State of Indiana.


As such, the attached Agreement is void and no further distributions pursuant to the Agreement will be made to the DEAU by Dearborn County.  If, for any reason, you disagree that the Agreement is void, please allow this letter to alternatively serve as the thirty (30) day notice requirement to terminate the Agreement as contained in Paragraph 6.

Sincerely,




Rick Probst, Commissioner

Board of Commissioners

Dearborn County, Indiana


cc: E. Morris, President of Dearborn County Council

C. Fromhold, Auditor of Dearborn County

S. Hayden, Dearborn County Administrator

A. Baudendistel, Dearborn County Attorney



COMMISSIONER COMMENTS- none


LATE ARRIVAL INFORMATION- Gage Pace- from One Dearborn- Update on Stellar Region Grant - $8 million in 7 different tranches of funding, They are up for this, This is for Dillsboro Greendale and the County, Have not finalized the committee working on this. Larger community is once again month and everyone invited to that. HWC Engineering hired for he OCRA strategic investment plan. Some things are further off. But this brings them up to date. Probst- Congratulate Greendale and Dillsboro for stepping up to get into this. Thanked One Dearborn too  

SEIREADI grant application needs a letter of support to be signed by the county. Approved. 

They will continue with bringing Stellar Updates, 


PUBLIC COMMENT- Doug Baker, Dillsboro Town Council President -Thanked the Commissioners and Fire Dept for stepping up . And it is better than what we have had in past few months. It’s a step and they want to restore EMS in Dillsboro. 

Probst-  Key is to keep communicating. 


ADJOURN- 5:45 PM


Christine Brauer Mueller

Lawrenceburg Township