5 June 2007 Dearborn County Commissioner Meeting Notes

5 June 2007 Dearborn County Commissioner Meeting Notes

Present: Hughes, President, Fox, and Thompson
Also Present: Pickens, Auditor, Ewbank, Attorney, and Messmore, Administrator.

Dick Robertson of Vieste,LLC/Level 5 Engineering was present also.

1. Cliff Eibeck- questioned the commissioners about their letter to DCRSD regarding not enforcing sewer hook-ups. He wanted to know why it was taking 8 weeks so far and still wasn’t done.
Hughes said: “Me, Bryan, and the Health Dept ( Doug Baer) have been working on that.” Messmore gave more details saying that when he had put pen to paper he found it difficult to put word into the commissioner’s mouths and had sought Ewbank’s advice. He’d completed a draft that Commissioners had by April 24th but they had not advised him as to how to proceed. He said, “I did not get feedback from this board as to what to do with the letter.”
Fox said the letter was OK with him, but he wanted to do it right. Eibeck asked if he needed help getting it done. Fox said he didn’t think they needed Eibeck’s help. Thompson thought the letter needed to be a little more stringent and that we needed to get all commissioners in agreement. He said- “We’re closer, but we’re not there yet.”

[NOTE: No action was taken on this item and it’s not clear who will be moving this forward. Commissioners had all voted to send a letter to DCRSD saying they were not in favor of forced hook-ups. Now it appears either they are trying to say more than that or they are getting feedback from the DCRSD board on it, via Baer. Sewers can be a good thing- if they are done correctly and in appropriate areas. Forced mains and grinders have become the norm rather than the exception. Initially cheap grinder pump systems will be scattered all over the county and eventually the public may actually end up with a worse problem on their hands than septic tank repairs. The hypocrisy of IDEM allowing sewer company overflows and raw sewage dumping into our waterways under their orders is laughable when contrasted with most rural septic issues.]

2. Margaret Minzner- GIS- went to some dept. heads and got feedback and letters of recommendations on their GIS preferences. Planning, Treasurer, Assessor, Auditor etc are in favor. She included return on investment examples from other areas in her report to them. Thompson suggested she give several options when she goes to Council- one year through four-year phase in options, as the cost will likely produce sticker shock. He said he’d talked to some of the city officials about possible combining resources and having the county set this all up for everyone. That seemed to be a favorable option so far.
Pickens reported that Schneider is presenting at 10:30 Wed and the cost is about 5/8 of the original group. He asked- “Do we need a Cadillac?” [ NOTE: This may be one place where a Cadillac is better. Schneider’s original presentation to commissioners did not include the detail of the first company. And when questioned about rectifying parcels- they were vague as to how they would accomplish that- or even if they could. In computers and most advanced technology it’s: “garbage in- garbage out.” It’s better to get the foundation data accurate- because everything else is built upon that. This is no place to wimp out, in my opinion.]

3. Don Townsend- Building Dept. – presented an order to remove a burned out building at 5345 Dutch Hollow Road. Ewbank swore Townsend in. The building burned Dec 3, 2005- he’s had 5 calls on this. He took photos May 2, 2007- bricks there, no roof, interior gutted- unsafe and a blight to the dense neighborhood. There is trash and high grass also. Owner is Arden Keeten (sp?) and the order was served May 17th – all registered mail has been returned and the order was posted on the site. The structure is under foreclosure with Countrywide Home Loan and JP Morgan Chase Bank per Ewbank. Ewbank told Thompson 60 days is the time required by statute.
Ewbank called Keeten’s name 3 times as required by law. He was not present. Neighbor- Betty Canfield said that the ex girlfriend was in touch with Keeten’s father in Louisiana and he said Keeten was in California, but would give no address.
Three neighbors spoke- Betty Canfield, Larry Starker, and Dan Schmaltz stating there were cats and other critters in the house, the back windows were not boarded up and the area was unsafe. They said trash and debris blew to their yards and grass is uncut. One asked if they could take the bricks from retaining wall since they would be demolished. Board said they could not- they had to check with owner or loan agency. Schmaltz said he’d tried to get to loan agency- they said they’d sold the loan- he was interested in buying the lot.
Fox motioned and Thompson 2nd to proceed with the 60 days to demolition and also have Townsend inspect, clean up, board windows, and mow as he sees fit. The costs are to be added to the tax bill of that property.

4. Park Board- Lou Broghammer- presented the replats of the County Farm showing three lots for County Highway, Animal Shelter, and YES Home. These are all leased properties- the County still owns the land. The pauper cemeteries are noted as are the easements to access them. Seibert’s farm lease to 1/31/2011 is also noted. The resolution was read by Ewbank and that along with the retracements and the deed were signed by all 3 commissioners and will be recorded.
The Commissioners commended Broghammer for his work on the Board, which is ending this year. Fox also said that maybe Lawrenceburg could help develop some of these parks. Broghammer deadpanned- “Yes, I understand Lawrenceburg might have some extra money.” Broghammer outlined the Park Board’s acquisitions and plans to consolidate efforts on the larger parks pieces. They gave the Dillsboro Park to the town there to add to their 15 acres and they are giving the 3 acre park to be maintained by the Bright Fire Dept that is used for their festival etc.
There was some joking going on at the end about Commissioner Fox mowing the Gladys Russell Park- as a number close to his was posted out there in a mowing ad.

5. Terry Dillard from Community Corrections presented a $336,161 grant from the state to be signed. Approved. She noted that their in-home detention has 125 on ankle bracelets now, 100 on community service, and 15 juveniles. They’ve saved over $4 million in incarceration costs by not having to house these prisoners over the last few years. She also noted they can help in parks etc- with clean up by community service.

6. Theresa Voltz resigned from Animal Control- Fox will have a name for replacement within a month.

7. Bill Ritzmann was reappointed to the Hospital Board, bringing financial expertise per Hughes.

8. June 8th was proclaimed OKI Day and the commissioners were all invited to their luncheon annual meeting.

9. Darlene Williams of Carr Road asked Commissioners for help dealing with firearms being discharged on an adjoining property top her 8 acres. This is a Residential area and they have 10 automatic guns down there going on all the time. They rigged lights so they can shoot to 10:30 at night. She said they sound like assault rifles. She said they called sheriff’s office twice and the second time they said she was anti- gun. She and her family own guns and they are not anti- gun, she said. She said more than once that these people aren’t kosher.

Ewbank told of another citizen who filed a private civil suit for nuisance in a similar situation. If there is criminal recklessness the sheriff can take that. If it’s an organized function it could fall under zoning enforcement. Ewbank also said with Conservation officers- it could be illegal if they are shooting across a creek. McCormack from Planning will look into it with Kate Rademacher, the enforcement officer. They will contact Conservation Officers.

[NOTE: Automatic weapons and repeated days and nights of shooting might occur legally if you are next to a shooting range, police training facility, or military base. There are some other options that are not legal like drugs, illegal sales of firearms, and other homeland security issues. I’d like to know what Ms Williams meant when she said these people aren’t kosher. Maybe the sheriff’s dept. should check into that too.]

10. Mark McCormack- Plan Director presented 3 sections of the zone ordinance for approval. Section 2576 on wastewater treatment issues with property improvements was passed using Option 2 as recommended by the PC. Section 520 and 315 went back to the Plan Commission for removal of the language on “worst case scenario” as being prejudicial to the developers. They intend to use language as suggested by Hughes and revised by Ewbank for MAXIMUM ALLOWABLE USE with review of CONDITIONAL USES. ( I spoke at the hearing asking them to consider more than just residential uses and density- there were other zone changes and other options available to applicants once they get a zone change – particularly if it is not tied to a concept development plan. )

11. Transportation Dept.- Messmore presented for Listerman who was absent.
Line striping contract awarded to Kneisel Contracting for $80,223.60, which was $40K less than the other bid.

Resurfacing went to Dave O’Mara for $458,336.90, which was $35 K less than the other bid.

The annual report for 2006 was signed and sent on to the state- the auditor and transportation dept will have copies on file.

12. Bryan Messmore- had only one bid to repair the adult jail roof that is leaking- from York and Kuhns (sp?) for $78,500, which is just under the appraised amount. Approved.

The noise ordinance update-included a letter from Sheriff’s Dept- Sgt.Jack Prarat-he will review the decibel reading at the property lines, he said the 90 decibels suggested by Grote exceeded reasonable noise levels, and he’s reviewing other codes in other areas.

13. Messmore presented a report on Ag Econ Round Table that gave the county 3 areas to pursue- diversification, food processing, and bioenergy. They are gathering data from Extension and Farm Bureau on the economic value of Ag in the county. They plan to take a comprehensive look at all the stats. Messmore is “just facilitating to keep the energy going.” Hughes asked about RISE 2020 Meeting and if some team members were going to that as it’s from the Lt Gov. initiative. Messmore will put it on the agenda for their next meeting.

Messmore is also running the US 50 Collaborative to keep the discussion alive on this- they meet June 26th. He didn’t say where or what time.

14. Cary Pickens- Auditor presented the FINAL claim for PSA Dewberry- approved.

The claims were approved except for Vieste- which was handled separately.

Pickens said he’d drawn up a check for Vieste- but that was not the amount they were going to approve tonight, so he’d have to draw up another one. Pickens wanted them to give him an amount tonight so he could have it ready.

Fox said he had real problems with the hourly rates and had negotiated that down with Bryan (and Vieste ?) to$96,289.28

Thompson said there was NO HOURLY RATES IN THE CONTRACT and the close out was around $94K (actually it was around $92K- they corrected that later) He asked if the wastewater rate analysis was completed? He saw part of the Transportation study. Thompson asked- If wastewater wasn’t done is that a breach of the contract and the 10 day rather than 90 day close out applies? If it was 10 days you pay even less.(like 10% of $92,000)

Messmore said that London Witte was to do that and they decided not to pursue. [NOTE: They attempted to put this off on London- Witte- which was a separate contract. HOWEVER- the wastewater rate analysis is specifically stated in the addendum to VIESTE’s contract at something they would accomplish. ]

BOARD TAKES A 5-MINUTE RECESS FOR THOMPSON TO CONFER WITH EWBANK.

Thompson was willing to waive the breach of contract- in order to settle this and be done with it.
Fox went on again about not liking the hourly rates. He asked Thompson if he’d make the motion. Thompson motioned and Fox 2nd to allow the $92,033.19 (payment for May June and July) per the contract and settle the 90-day termination agreement.Passed

Pickens said he would cut the check tomorrow and the claim would be signed at the next meeting- same as with the Friday payroll. He has an ordinance that allows him to cover this. [NOTE: Hurry –hurry- hurry]

Dick Robertson of Vieste/Level 5 Engineering asked to pick up the check tomorrow morning. Pickens said later in the morning. We’d also like the signed settlement agreement. Fox motioned and Thompson 2nd to sign the mutual termination agreement with the $92,033.19 number in it. Passed. Robertson was not authorized to sign it for Vieste- he will take it to Indy and see what they do. [NOTE: Let me get this straight- we give them the check and our signed agreement- but their signatures are not on the agreement yet and they get the check at the same time? Do we just TRUST these guys? Who is protecting the county taxpayers?]

Robertson thanked the commissioners, a pleasure to work with you, maybe someday our paths will cross again.
Fox reminded Robertson of North Dearborn Road- as Level 5 Engineering- if we get the funding.

Hughes said- We were looking as economic prosperity and there was misinformation and now it isn’t possible. [NOTE: Prosperity is possible- economic development is possible- it just needs to be FAR MORE OPEN TO PUBLIC SCRUTINY THAN THIS PLAN, in order to be successful.]

15. Ewbank updated commissioners on no suits, the deeds for eth YES home and Animal Shelter, and the Anchor Glass Bankruptcy filing in Tampa, FL with about ½ million at stake in taxes.

16. Thompson told commissioners that the property owner on Wilson Creek signed off to allow the work to fix the washout. (Jacobsens)

Meeting adjourned at 9:20 PM

Christine Brauer Mueller
Lawrenceburg Township