6 October 2009 Dearborn County Commissioner Meeting Notes

Helen Kremer graciously offered to cover this meeting in my absence.
Christine Mueller

6 October 2009 Dearborn County Commissioner Meeting Notes

Present: Thompson, president, Orschell, and Hughes
Also present: Pickens, Auditor, and M. Zerbe, Attorney filling in for Witte.

7:00 p.m. The Pledge of Allegiance, and meeting called to order.

The Executive Session held at 6:30 p.m. regarding the Med Ben Appeal resulted in no action. Two appeals were discussed and the Commissioners decided no action was to be taken at this time.

Thompson stated the Animal Shelter will be discussed first due to the many people in attendance for this issue.

(On September 29, 2009, one of the items presented in a special meeting held with County Council, Commissioners, and Animal Control was the Animal Shelter Hearing. The Commissioners, Council members, Animal Control Board/Paws Board, and Paws members, as well as interested citizens discussed the proposed animal shelter. Decisions on the next steps to be taken were to be explained at the October 6, 2009, Dearborn County Commissioners Meeting.)

Orschell started to speak when someone in the room said “. . . have a public hearing to form a committee deal and get out of the way.”

Thompson stated that when it is the public’s turn to speak they should come to the microphone.

Orschell stated this is a unique set of circumstances. The county attorney advised that there are legal requirements. Before building, both parties have to agree and determine how the county intends to operate the shelter. A mediator should be a last resource. Orschell continued to explain that a committee should be assembled to determine what county resources will be available, including getting information from the Building Department, etc. The county is downsizing, cutting costs. Our responsibility is to provide safety for our citizens and provide humane treatment for the animals, and if we work together we can make this work for the county and have a shelter to be proud of.

Many people spoke out—no one came to the microphone to identify themselves. Many comments were made, some were as follows:
- Representatives should be decided by money donated by all entities
- Citizen members should be represented.
- Donations were made in memory of people, some donated a large amount, and the county is fighting it.
- There is always an excuse.

Hughes said Paws should be involved, when you give money you have
expectations. We are not fighting for or against, but have a responsibility to
taxpayers.

Thompson stated there are two technical issues that are being resolved,
the BZA issues on variance and set-backs, and the State permit.

Another gentleman from the audience spoke and said we should stop
the negative energy, set-up a time frame and proceed in a positive way.

Orschell said we will receive professional advice by October 15th, and would
like to have a plan and come together by 60 days with ordinances in place.
The committee will consist of: One Commissioner, two Council members, the
County auditor, Mayor Cunningham, two members of Paws Board/Animal
Control (Sandy Curley and Dennis Monroe).

Hughes stated that the Council makes the final decisions on the budget.

Orschell stated when we receive the professional advice after the 15th, then
we should have a real hard budget to work with.

A discussion followed regarding the percentage of the county budget it now
takes to run the shelter. Pickens said it is about 2% - $250-$300,000.

Someone stated that the new building will be more efficient.

Todd Listerman said you will have 33% more than you have now, you will
have 58 kennels in the new plan, you have 40 now.

Pickens stated there will be a need for 2.2 more people, and the estimate for
the budget with the increase is $400-$450,000, 10-15% increase for utilities,
etc.

Orschell concluded that they will get this done as soon as possible.

OLD BUSINESS

Web Site (tabled from 7/21/09).

Thompson said they had various presenters.
Orschell said Reaction PC, a local company, had a price lower than the other companies, $5,400 for complete reconstruction.

Hughes said he liked competition, what about department heads?
Thompson said he contacted several department heads, and there was no response. Pickens said to check Dusty Rhodes website for Hamilton County.
Hughes said he heard about Hamilton County’s individual claims.

Wyly, Reaction PC Services, said with all do respect the actual website is fairly open-ended. There is a one time fee and hand it over to the county, and an annual contract for maintenance.

Orschell said we will not have to baby-sit this website, individual departments can type up something and post it. Documents will be posted on the web by authorized users only in each Department.

Thompson asked when we could expect a starting date.

Wyly said they could begin in two weeks; it will take about two months—90 hours for his partner and himself.

Thompson said that will be about the first of the year.
Wyly replied if they have a contract—yes.

Orschell motioned that Reaction PC be authorized to completely redevelop the county website from scratch and develop for $5,400.00.
Hughes seconded the motion.

Pickens asked how we are to pay the $5,400. Thompson replied that $5,400 is the maintenance fee we pay now.

Hogan Water Corp. (tabled from 8/18/09) Attorney Zerbe reported that Mr. Witte has not heard anything regarding the status of the grant application, and this item remains tabled.

East Fork Road (tabled from 9/1/09) Todd Listerman stated when he went to the US50 meeting he saw Ed Cox of INDOT. Cox said he would send an email and to keep it (East Fork Rd.) closed for safety. Once Listerman gets the email he will contact the Commissioners.

YES Home Lease (tabled from 9/1/09) Mr. Zerbe said Mr. Witte said there is an agreement to revise part of the lease, they expect some action by Oct. 20th. Item remains tabled.

Ginny Daum (tabled from 6/2/09) – this volunteer position no longer exists, so this ends this issue—item closed.

Aflac Insurance (tabled from 7/7/09) Thompson stated the Aflac representative presented the package and said if there are any questions let them know. They have a tailored package we can accept. Employees wishing to maintain the Colonial option can stay.

The Aflac representative stated regarding Colonial there are some age-based considerations and it might be better for some employees to stay with Colonial. The Aflac representative said we are located locally, and all of our employees live in Dearborn County.

Thompson asked the other commissioners if they should offer Aflac to the county employees. Hughes said he would like to offer Aflac and motioned to do so. Orschell seconded the motion.

NEW BUSINESS

John Engle – Happy Hollow Rd. – Todd Listerman explained when he started at the Highway Dept. he compared the roads that the county was maintaining to the State inventory. As part of the correction, the State inventory stated we maintain ~1.0+ miles down to Ester Rd. The question is should we be maintaining it? Letters were sent to the property owners to determine if the site should be publicly maintained. That is when the issue came up does Mr. Engle have frontage to Happy Hollow Road?

Mr. Engle had a 1937 map of Happy Hollow Road and showed it to the Commissioners and Todd Listerman. Orschell asked if Engle had another access to the road. Mr. Engle said it was very hilly and hard to get to—we’re not going to give up something. Who knows where the old road is? Roads do move.

Hughes said the county can decide to maintain or not maintain the road.
Thompson said there are two questions, 1) Does the county maintain it or not, and 2) does a ROW exist available for public use?

Listerman said when they did the inventory; they did not know if they should maintain the road, it is not resolved. If you want it to be kept open will you donate 50 feet of ROW? Do we maintain back to the property? Is it a private road, individual, or public road?

Thompson told Mr. Engle to give the Commissioners all of the information that he has, maps, letters, etc., all the documentation, and they will investigate it further.

Ralph Seig, of Seig & Associates surveying, representing Mr. Lykins the other property owner involved in this matter, gave the Commissioners his survey report. The first survey was in 1801, and further down was divided out. The recorder’s office show where things used to be, the lines are contained in Lykins property. He (Lykins) would like to vacate this road, he owns both sides of it. Mr. Seig asked if the Commissioners knew anything about this road and the ROW.

Thompson said they will table for further research. Orschell motioned to table, and Hughes seconded the motion stating they want to get this right.
Thompson stated you cannot close a public ROW, but you have to prove it was a true public road. We need to get copies of all documents.

Mr. Lykins addressed the Commissioners stating we should solve this; he wants to be left alone because he is being harassed.

SRI Representative Jim Hughes, tax specialist in IN has assisted our county since 1995 with tax sales. We must make sure everyone pays their fair share of taxes. In 2007, Indiana law changed, Commissioners get certificates after sale, and you have liens, prepare a deed and own the property. Any property good for a government purpose you keep others you sell for taxes and cost. You can reduce the price of property, i.e., sell for $100 plus taxes. You almost give them away but you receive the taxes.

There are two ways to have a sale, 1) in this room, and we charge 12%, or 2) have it on the internet for a wider audience for a charge of 10%. Jim Hughes advised using the internet, but Pickens said it was worth 2% to have the sale in this room. Jim Hughes said they take care of all the records, and then gave the Commissioners the contract to have the attorney look over.

Southeastern Indiana Economic Opportunity Corporation (SIEOC) appointment – Sonia Kaffenberger – the Commissioners recommended her appointment, all legal requirements were met. Hughes motioned to appoint Sonia Kaffenberger to the SIEOC, and Orschell seconded the motion.

Bill Black – Emergency Management – At their last meeting,
the city of Lawrenceburg turned the town warning system over to us. Mayor Cunningham signed the agreement. The sirens are worth $20,000-$25,000 a piece. We are able to absorb this cost for batteries, etc. into our budget. Hughes motioned to accept the emergency warning system, and Orschell seconded the motion.

There are two grants, one for $14,894, a GIS grant to meet State compliance for an emergency, i.e., if there is a spill, the addresses will be available if evacuation is necessary. We host it for two years, we do not know if we’ll have the money in the future, but there may be a grant for money later according to Margaret. The State is funding to get us in compliance with State Homeland Security.

Thompson said we have several contracts, is there any immediacy for this.
Orschell said let the county attorney look at it.
Perkins said we’re not done with the GIS stuff yet.
Black said he wants us to be in compliance.
Thompson stated it is not critical if we wait two more weeks.
M. Zerbe said he didn’t anticipate any trouble.

Black said the district grant is $126,000.

Orschell motioned to table until further review. Hughes seconded the motion.

Black said there is another district-wide grant of $161,250 for conducting vulnerability structure development training. $60,000 for equipment, task force development, pays for training and assessment.

Thompson said does this have to be approved by every district reviewed?
Black said he wants to get started, grant guidance, specifications.
Zerbe said it seems to be ok.
Orschell motioned to table until further review. Hughes seconded motion.

Black said they are proceeding with a safety meeting and other issues that come up.

Carl Fryman – Building Department – The city of Lawrenceburg and Dearborn County have a consolidation of zoning, and to save further delays the exact same wording will be used with other municipalities. The interlocal zoning and code enforcement will have no money exchanged. The first of the year Mr. Witte will have an ordinance regarding this issue.

Thompson proposed a motion to approve the consolidation of zoning regulations with the city of Lawrenceburg. Hughes motioned, and Orschell seconded the motion. Pickens requested Fryman make sure there are three copies.

Highway Department – Todd Listerman – Bid opening for 2009 chip/seal bids before it snows—two bids, Dave Amerman(sp.) $97,484.38, and Paul Rohe for $113,109.10. Orschell motioned to approve the bid of $97,484.38, and Hughes seconded the motion.

Stockpiling old 52, hold until next year. Update Old SR 52 paving almost completed, and that is part of the stimulus project. To chip out North Dearborn Rd. and Hogan we need two weeks of Indian summer. Yorkridge on Oct. 22 scheduled. Trackville Road will have box culverts.

Earlier this summer we tried to get the Stateline Road project back in swing and wider, south to Salt Fork Rd. to north of Jamieson Rd. Supplemental agreement #2, $26,800 road design and $70,800 phase 2 environmental assessments where old gas station was and the cemetery development plan for $3,400. Approval is needed for the supplement phase #2 to get this proposal back in line for completion in 2010. We will get a second ROW, and we need to get plans finished for four different parts.

Orschell asked if we had money for this. Listerman said Council approved $300,000 for Stateline Road.

Orschell motioned to approve the supplemental road agreement phase 2 for Stateline Road/Bright, and Hughes seconded the motion.

Auditor – Cary Pickens – Claims to be paid were in a folder plus a box. Hughes did not see them, and so he abstained. Orschell motioned to pay the claims, and Thompson seconded the motion.

Minutes for approval by the Commissioners were presented for the Executive Session of September 25th and Minutes from the meeting of September 15th. Thompson had a few minor changes in the September 15th meeting, mostly grammatical. Orschell motioned to approve the Executive Session meeting of 9/25/09 and the Commissioners meeting of 9/15/2009. Hughes seconded the motion.

Attorney – Mr. Zerbe said regarding the Randall Avenue property, there is a Title search, and preparations should be made for the county to have a building inspection.

Commissioners Hughes, Orschell and Thompson did not have items to discuss at this time.

Thompson asked if there was any public comment.

Mr. Lykins, referring to the Happy Hollow Rd. issue, stressed his concern, and said they were opening a “can of worms”. They are riding four-wheelers on his property, and there is urgency that this is solved.

Hughes said these are legal questions.

Thompson said regarding the ROW, we are looking for a way to make determinations, and both parties are entitled to due process and fairness.

Mr. Thompson then asked Mr. Wyly of Reaction PC Services to get his contract into a form that will be able to be signed by the Commissioners. If he has any problems he should contact the county attorney.

Hughes motioned to adjourn the meeting
Orschell seconded the motion.


Helen Kremer
Logan Township