20 December 2011 Dearborn County Commissioners Meeting Notes

20 December 2011 Dearborn County Commissioners Meeting Notes

Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and Andy Baudendistel, Attorney.

OLD BUSINESS:

Private Real Property Rights Preservation Ordinance Freedom for Options Form- Baudendistel researched into how a Comp plan was construed within the courts Ogden vs. premier properties- 2001 Evansville- comp plan was a GUIDE ONLY. It is one of several things to consider in rezones. Other case comp plan was a general long term blue print- and pay reasonable regard to the plan- a guide- rather than an instrument of land control. Nothing in statute that says gov’t HAS to follow the comp plan. He also read our intro to our comp plan in Dearborn County. Based on his research he thinks the comp plan is not binding- it’s a tool.
Hughes said this was helpful and not what a lot of people thought on the future land use committee. It is confusing- you have to take it into consideration- but it doesn’t stand alone. TABLED again for further review. This item has been tabled since April.

Ratify Life Time housing Payroll Authorization Letter- Bill Ewbank- a time sensitive document that was presented to Hughes- this is the payroll for rehabbing the homes we previously approved for a grant. Commissioners ratified the signature.

Overtime Policy and Actual Hours Worked- Shane McHenry- 3.17.1 overtime- Gayle Pennington changed a sentence to accommodate the vacation that is counted as scheduled as workdays. It has to be a pre-scheduled time to count towards overtime. Orschell said it should go to the personnel committee first.
Dennis Kraus, Sr. said the Personnel Committee that he is on had given an unfavorable recommendation – they had decided not to make any changes. He also said that anyone who would be a recipient of this money generated by overtime should NOT be voting on it. [NOTE:He’s referring to Shane McHenry having a conflict of interest on this issue, as he has a "pecuniary interest." Kraus is right about that, and McHenry stopped talking on the issue and did not motioon, 2nd, or vote. He did not abstain either.]
Todd Listerman was asked if this had to be decided before Christmas. He said not his year- no snow is expected.
Orschell motioned – Hughes 2nded and McHenry was silent on all of this after Kraus’s statement regarding recipient’s voting on the overtime pay rules. Two commissioners voted that this go to the advisory committee for review. Pennington will schedule that.

NEW BUSINESS:

Surplus Vehicle Ordinance- read by Baudendistel- any vehicle over $1000- all paperwork submitted to the county. Priority given to county depts. Second priority to agencies, like fire dept and life squads in the county, and third, they can be offered for sale to the general public. Commissioners approved the ordinance.

Proclamation Community Read Project- Dan Toon on Library Board with Jody Maples (Librarian) and Marilyn Hoffbauer (Dearborn Highland Arts Council) in attendance as support. This was started by Dolly Parton. Kids get a book a month to create a library of 60 books by the time they are in school. Adults will be reading great Gatsby and kids will read Black Beauty in the year long reading program. Hoosier Hills Literacy League in cooperation with several county agencies. 2012- Color Dearborn County Black White and Read. Proclamation approved.

Contract Agreement Hoosier Square- construction contract for Seyferth ( sp?) Co in Cleves. $277,732. This will also make the building ADA compliant. Signed after commissioners verified that Baudendistel looked it over. Hope to start this week per Ewbank.

Dilapidated Buildings in Moore’s Hill- Board member and clerk treasurer of Moore’s Hill presented pictures of the condemned building. It has been vacant 4 years. We have a letter from US Bank and also the adjoining neighbor. It was condemned for the pigeon droppings issue. They want county help
14942 Main St- Henry Alvin Brown- delinquent on $8,000 property taxes plus liens for 2 sewer for $7,000 =$15,000 in liabilities to a potential buyer. It was attempted to sell in 2009. It remains on eligibility for Commissioner’s sale. It is a negative liability. Lot may be worth $10-15,000. Only real prospect. We could assist them in finding redevelopment funds for demolition – if there is a public end use. Owner is unwilling and financially unable to comply with this property. Owner is in failing health- aged 79. We are at the point- we want to do something- even if it’s wrong. Bob Blue owns 1/8 of the building- he doesn’t care what happens per the board member. He said he’d give it away. Alvin Brown said he wanted $35,000 for it. He hates the government. Baudendistel said whoever demolishes this- has to own the whole building. Title work needs to be done on the property. Mitchell Brown- his son also had an interest in it- but may have given that back to his father in 2009 in a quit claim deed. Bill Shelton- Building Inspector said it’s beyond repair. It was an original science building for the college. They want to get the taxes forgiven or written off and the sewer lien dropped. More research to be done.

HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer:

Mobilecom- new narrow band frequency radios to accommodate all the radios in the US by end of 2012. The chips are already in our radios bought in the last 4 years. They just open the radios and switch it over. The repeater tower has to be upgraded and that is already in the budget for this summer. Signed the paperwork for Mobilecom to get narrow band for the county.

Working with federal highway adm to get funds for rain caused slippages on Lower Dillsboro- $10,451 and change approved- and we get 100% on emergency and 80% on permanent repairs.

Are in process of purchasing ROW in Bright on Stateline. They were worried about signage that now will not have required setbacks. Commissioners signed resolution that their signage is grandfathered. This is just for area between 500 ft South of Salt Fork and 20 ft North of Jamison and already in existence and related to the Stateline project.

Hope within next couple weeks will have deeds secured to have Stewart St done this summer.

March or April letting for North Dearborn construction this summer.

Still working on Shortridge Rd to secure properties.

AUDITOR: Gayle Pennington- claims signed. Hughes said he hadn’t had time to review some of these. Minutes from Nov 15 approved.

ATTORNEY: Andy Baudendistel- letter from Liberty Roberts from jury trial- praising county staff for their help. Bill Black told him the warning levels are now colors instead of numbers. He will have that next meeting.

COUNTY COORDINATOR: Bill Ewbank- request from county Park Board- they were asked to mow the County farm area now that County Highway has moved. $4200 will be requested from council for YES Home and old County Animal shelter. Park Board wanted to be sure this was OK with Commissioners. Parks is storing their equipment there anyway. This will be an existing mowing contract- and added on to that. Commissioners approved Parks to approach council for this request.

ADA status- he attended training seminar in Greensburg from INDOT and state ADA coordinator. They are taking compliance effort seriously. June 30 2012 – INDOT will be inspecting reports from every county for roadmarks we have to achieve toward compliance. This will affect our scoring for any of our federal funds. He said the bar is fairly low for this first step so far- we could gain a competitive advantage by surpassing that standard and improving our scores. He suggested they add ADA coordinator to January appointments- and noted it was a non-paid position.

COMMISSIONER COMMENTS- Hughes- wanted to make Bill Ewbank- coordinator- into the interim Administrator for 60 days to review resumes. Approved.
Hughes referenced an email on judicial issues and was wanting feedback from judges and prosecutors etc. he is looking for communication and new ideas.

Commissioners wished everyone a Merry Christmas AND Happy New Year.

LATE ARRIVAL INFORMATION- none.

PUBLIC COMMENT- Bill Black- trying to get everyone on the same page and now state has changed the codes to colors. Also the radios are being transferred same as Listerman referenced. Hughes also thanked him for the HVL Dam updates.

Meeting adjourned at 10:30 AM

Christine Brauer Mueller
Lawrenceburg Township