16 May 2005 Dearborn County Commissioners Meeting Notes

16 May 2005 Dearborn County Commissioners Meeting Notes

Present: Benning, President, Fox and Hughes.
Also Present: Pickens, Auditor, Messmore, Administrator, and Ewbank, Attorney.
This meeting was NOT videotaped.

1. Public hearing for Equestrian States Zone Map Amendment. Travis Miller, Planning Director also gave the overview and results of the Planning Commision hearing. He presented slides as well.
The developer was not present for this hearing. Seven residents spoke against the zone change citing issues primarily related to the road inadequacies and other services (fire, police, ems, and schools) not being ready to accept increased development yet. Citizens speaking were: Gloria Hoog, Marlene Hoog, Mary Lou Hilbert, Patrick Eckstein, Susan Eckstein, Cliff Eibeck, and Alan Breitenstein.
Increased taxes to support schools and services are already anticipated due to the other developments recently approved in the northern part of the county. Sewer capacity was also questioned. A video of severe road flooding was shown, as were pictures of road deficiencies. Subdivision conflicts and traffic issues with farm equipment and farming uses were named also. Breitenstein gave his comments regarding the duties of public officials to the people and listening to what the people want. He ended with a comment that property rights for the people who want to LIVE on the property should be as important as the rights of developers who want to SELL property.
Rick Fox stated that he was out there and saw the area and issues. Jeff Hughes asked if the road was slated for work soon? Mike Davis, Hwy Director, responded no- more like a long range plan. Travis Miller told them they had 90 days to act and this was the last meeting before that 990 days was up. Benning questioned using the Working session, but Ewbank told them decisions were not to be made at working sessions.
Miller noted that the applicant was not present. Benning asked WHO was supposed to notify the applicant? [NOTE: Incorrectly implying that Planning office was responsible).] Miller responded that applicants are responsible to find out. [NOTE: The residents and applicant are notified by the plan commission of their public hearing. Then the recommendation is certified to the commissioners. The commissioners would be responsible to notify residents and applicant IF THEY DECIDE THAT IS THEIR POLICY. No one notified residents, they had to check to see when the hearing was. The same is true for the applicant, who had requested to be heard at the 2nd meeting in May.]
Fox motioned to deny the zone change. Benning turned to Hughes and pointedly asked if there was a second. It died for lack of a second. Hughes was concerned about applicant absence. He motioned to table and Benning seconded it. They voted Aye and Fox voted Nay. Then they rescinded their tabling motion when they realized it couldn’t be tabled to any particular date as this was the last available meeting. Ewbank noted that it was effectively denied by them taking NO ACTION and letting the unfavorable stand for 90 days. That becomes a denial at the end of the 90 days. (Certification was March 4, so 90 days is the first week in June prior to the June 7 meeting.
[NOTE: Benning appeared to want to accept this proposal, but with no one speaking in favor, she had little to go on. Fox had researched the area and application and understood the implications. Hughes was concerned with being fair to developer- who was not present to state his case. Not all of them appear to trust the recommendation of the Plan Commission – and Benning didn’t seem informed. It was unclear just what she was basing her decision on.]

2. Laughery Creek Bridge- David Denman- NO Show

3. Claims and Minutes were signed.

4. Jennifer and James Mallett- citizens spoke about a drainage issue with the health dept. being called in on Bond Road. Mike Davis is going to check it out.

5. Bryan Messmore- County Administrator- presented the DCEDI (Economic Development Initiative) contract for signing stating that Ewbank had reviewed it. Lisa Lehner – att’y for DCEDI- had sent it. Benning stated she hadn’t seen it yet. Ewbank noted that the SBOA (Board of Accounts) typically has the right to inspect records of organizations, which get a certain amount of public money. This contract was written to change the terms to reflect the relationship as services provided to avoid the books being open to the public. They asked for $6250/month, which Benning noted was higher that the $25,000 they were using as approved from the Redevelopment Commission money. (Actually it’s $75,000 total and 3 x the amount she thinks they previously approved.)
NO ACTION was taken on this until it is researched further. Pickens also noted that it has to be approved at budget time by Council.
[NOTE: What’s with the DCEDI being afraid to have the public money the receive accounted for? One sure-fire way to lose public confidence in an organization is to close your books to public scrutiny.]
Messmore allowed Travis Miller to present the background to the 911 reimbursement to the county on their Phase 2 Cost Recovery to get cell phone compliance with 911 that Planning and Zoning had written the grant for. Fox and Hughes motioned. All Ayes. Benning signed the paperwork.

6. Bob Ewbank- Att’y- reiterated the info on tort claims and insurance from last meeting. He reviewed the Building Dept. code and stated that they SHOULD BE CHARGING FOR ELECTRICAL INSPECTIONS.
He also stated that he’d talked to the Public Access Counselor on the Commissioner’s Open Door violations and technical issues with their executive sessions. He wants to review all executive session materials to be in full compliance. He also stated that it’s easy to do the proper notifications with the forms he has downloaded.

7. Benning’s report included the Hospital Board’s recent elections: Rob.t Hoffmeier, Chair, Ron Denning, Vice Chair, Betty Bischoff- Sec’y, and John Stroup, Att’y.
She announced a Mosquito Workshop in Versailles, and the Relay for Life date was determined to be June 25th weekend. Working meetings start May 24th 5-7PM. After that they will be on the 2nd Tues of each month. She also plans to attend the legislative luncheon sponsored by Ewbank’s firm at the Applewood on Wednesday.

Travis Miller announced the Land Workshop with FSG- Financial Solutions Group June 8 from 7-9 PM. Many officials have been invited as well. This will help determine the actual fiscal impact of each type of development in our county and is a precursor to determining the map for future land uses later this year. The meeting location will be announced- either at the Library or Tate St. Center.

Meeting adjourned 8:30 PM

Christine Brauer Mueller
Lawrenceburg Township