17 September 2013 Dearborn County
Commissioners Meeting Notes
Present: Shane McHenry, President, Art Little, and Kevin
Lynch
Also present: Gayle Pennington, Auditor, Teresa Randall, County
Administrator, and Andy Baudendistel, Attorney.
This meeting started late due to the Council meeting that
preceded it.
McHenry added this
item : Clothes Line Project- represented by Student nurses at IVY Tech.
Rape sexual assault etc. and they are doing this for the Rape Crisis Center in
Lawrenceburg, They want to display this at the Courthouse Lawn on Wed Sept 25
from 12-3. Commissioners approved this. And Lynch disclosed that he was a board
member for CMHC and still 2nded and voted.
OLD BUSINESS:
ROW - Johnny Wright issue- Mark McCormack presented the Indian
ridge area in the 1999 plat shows a 50 foot wide ROW reserved for future
roadway. There is also a 15 ft wide access for emergency vehicles. As of last
week lot 15 is still owned by one of the 2 development people. The county should have accepted this-
but didn’t and so now the county only has a 15 ft ROW for emergency access. Schipper
and Kern are developers. Currently the driveway that is there is NOT where the
emergency access is. None of the permitting depts. have received an application
for the mobile home to be moved up there yet.
Kraus, Jr. said he emailed a 2 page letter to the
commissioners. He researched but did not find a publicly dedicated roadway
through the property. He reviewed all the plats and went thru the grantees over
the years and did not find any records of a public ROW between Ridgeway and
Indian Ridge.
Johnny Wright- Dennis Kraus stepped up at Wright’s request to review documents.
1894 Nov 23rd showing all the county roads of
records etc. The 1899 atlas shows that ROW as 25 ft wide going up thru Bridgeway.
Kraus Jr said he has a copy of this. He sent this in his email. Several deeds
refer to exclusive easements which means not public.
Deed from Schipper to Kern- saying subject to all easements
on the property. Clearly there were easements on the property. Oct 1988- from
Schipper- 25 ft strips along Ridge Avenue and Bridgeway. Kraus Jr. shows the
dedication along these streets and he has a copy of this also. McHenry asked
Johnny Wright to look at McCormack’s paperwork.
Aerial map by Bureau of Land Management. It shows roads that
he and neighbors in Langley Heights have used all along esp in bad weather.
Baudendistel- Exclusive easements don’t pass with land sale-
they are just for one owner. He thinks a judge and/or a jury will have to
decide if an easement exists.
Mrs Schipper- we bought a farm and an adjoining one behind
it. There was a driveway between there. It had nothing to do with an emergency
access. Ralph Thompson came up with engineer and Grieve and they didn’t want
people cutting thru there. So you keep the gate closed and locked and you put
signs at either end of it. So that is what they did. Thompson said Nope- they
are not going thru here. It’s a gravel path big enough for a farm tractor. If
the county wants to maintain it- there is a lot of maintenance to it.
Wright went to Court on these issues. Blondell and clients
wanted people to have access on these previously vacated ROWs. The gate was to
be put at bottom of hill and be maintained by county. Public ROW- NOT maintained by county. Thompson’s tenure.
Public ROW is controlled by federal government. Baudendistel said that Cleary
ordered all parties to have Hall do the survey to establish ROWs to be
completed by Sept 2013. Problems with survey monuments. Cleary has not said
this survey is not done yet. If the survey is not done in time it reverts back
to the owners by 12 Sept 2013. They have found original stones for original
surveys.
Mr Kern- was involve din lawsuit back then- it has to do
with York Avenue and another property. He dispute was where the ROW existed,
not IF it existed with Benjamins. The Benjamins did not get the survey done to
show this. He showed Dot Schippers property and said there was no connection
with this.
Baudendistel said that there is a disagreement with Wright.
If he wants to hire a title search or surveyor to show this. Lynch moved they take NO action unless additional info comes forth in
the future. Little 2nded. Passed.
In regard to the
Economic Development Commission setup at Council’s previous meeting: McHenry
said that he takes full responsibility for info not getting to Council in a timely
manner and apologized to Dennis Kraus, Sr. about that.
NEW BUSINESS:
Signatures on Task
Force Deployment - Bill Black, Jr.- because of a new application process
required. Black serves on the task force. It allows him to be part of this.
McHenry signed the document.
Black also asked if
he could put a walk in door in the back of their building if he could find
the funds for it? He wants to avoid wearing out their garage doors.
Commissioners agreed to allow this.
Black talked about
the ALICE safety training (for shooters) for the county. It would take comp
time or shut down a building for half a day during a working day. He was
instructed by commissioners to check with dept heads on how to best do this.
ADMINISTRATOR:
Teresa Randall – thanked Black for setting up the ALICE training.
Construction Advisory
Agreement - “Court House Project”- At the last meeting she was allowed to
ask Council for $25,000 and they approved the funding. The consensus was that
Maxwell would be good since they are already employed for the Jail. She asked
for an hourly rate and Not To Exceed $21,500. They are to look at all the
master planning that was done over the years and get the committee to get back
to commissioners. This will give a really accurate assessment of what we need.
“In my professional opinion” she is pleased to recommend that they enter in the
agreement with Maxwell. She wants to have it in the winter quarter to assess
what we have and then hire architect if needed for 2014. Lynch motioned to enter into a construction advisory agreement NTE
$21,500 on Courthouse Project. Little seconded. Passed. They have an end date in
Dec 2013. Commissioners signed the agreement.
A year has passed
since last surplus auction. Several old vehicles and equipment. Sue Hayden
has helped start this and will contract with Lutz Auction Services for Oct 26 at 10 AM on County Farm Road. They
get 10% of proceeds. This is cheaper than previous auctioneer. Auditor’s office
will monitor the receipt of sale funds. Approved
by Commissioners.
Jail Project- change
order process- 2 small items- all within the contingency. Additional $1550 to security automation systems for an
additional access reader for construction crews. This monitors who goes into
jail area and the tools. Commissioners approved this first change order. The second change order is to deduct $11,000
savings on a hood for the kitchen. She will find that form later. At end of
meeting she did and Commissioners approved this.
Randall said: The new
business that is coming to West Harrison TIF. These resolutions were just
passed out. These are for your stamps of approval of actions other boards took.
Commissioners approved the amendment to the TIF for the Whitewater Mill
Allocation Area to reset the TIF clock as approved by Redevelopment and Plan
Commission recommendations. If we ever
have another one of these - and I hope we have lots of these- this will be a
boiler plate for them. Commissioners
signed this resolution.
We are working on
having the Economic Development Commission to have a claw-back to get money
back from the company’s that get funds if they don’t live up to their agreement.
Commissioners don’t have to sign off on EDA (Economic Development Agreement) if
it was not as discussed. Commissioners signed the resolution. Baudendistel read
the resolution first.
Randall wanted the
Commissioners to appoint someone to the Economic Development Commission.
Council already appointed their rep. She said it should not be one of the
Commissioners. They will give some
thought to that.
Baudendistel reminded Randall that any police cruisers will
have to be repainted if bought at auction.
Lynch thanked Randall
for all the time and effort she has put into this Redevelopment work. McHenry
concurred.
AUDITOR: Gayle
Pennington - Dearborn County Grant
Application Procedures- has been working on with Baudendistel. Once they adopt
and council adopts, they will all be following the same procedure. State audits
have to do the federal audits as they go. Baudendistel said that this will be
good to get all on the same page. Commissioners approved this. This will
centralize the grants so that no conflicts occur.
Claims approved.
Bright Fire and EMS
want to send Ricky Plowman to get certification at IVY Tech starting Thursday.
McHenry signed off on this. Approved up to $250.
August 13 joint revenue with council meeting with no
decisions made- signed off.
Sept 3rd minutes approved and signed.
Minutes of Sept 16th meeting approved and signed.
By Federal Law- have
to notify each employee of health law marketplaces. Commissioners signed off on
this.
ATTORNEY: Andy
Baudendistel
1. Ordinance - Building Permit Fees and
Establish Online Perpetuation Fund – Pennington spoke with Shelton. This
will raise fees $5. They want to keep this service going without having to ask
for additional funds from Council. Council has to also approve this. They will
get this to Council Sept 30th. Wade Kimmon GIS is eager to get
moving on this. It will be advertised for 30 days also to become effective.
Commissioners passed.
2. Schneider Contract for Online Permitting
Software- this is the company that will do the permitting, Tabled until Council
approves.
3. Ordinance - Convention, Visitors and
Tourism Commission- this is housecleaning ordinance amending the old one. He
said it was a 7 member board and the criteria for each member to be appointed.
Commissioners appoint 4 members to this. L-bg has one and Greendale has one and
council has one. Terms are staggered and politically balanced. They are subject to open door laws etc. If the
current makeup of the board does not meet this the current president has to
notify administrator and they will start fresh in 2014. McHenry said that Dave Lorey
is president and they are not in compliance he said. The new statute requires
they fix this. Current board has 9 but only 8 show up. Andrea Ewan has been
working on their by-laws too. Commissioners
adopted the ordinance.
4. Lease Agreements w/HVL- Sue Hayden
caught that 3 vehicles were leased to HVL and these are renewed from July 3
2013- 2014. Commissioners signed off,
HVL and sheriff will then sign off. McHenry was advised that he did not have a
conflict of interest in signing off on this by Baudendistel. Each was signed by
VIN number read into the record.
There ia a piece
of property called Hog Back in Center township per trustee Nancy Fahey
Turner that Kraus, Jr will discuss to see if county takes it back.
COMMISSIONER COMMENTS-
Lynch – we need a tickler to have us review these ordinances and boards to
be sure we are in compliance with state law. Pennington sends them to American
Publishing every year to review. Animal Control ordinance might also need
review per Baudendistel. Pennington put ordinances online so that all
depts. could review them.
LATE ARRIVAL
INFORMATION- none
PUBLIC COMMENT- Phil
Darling- informed commissioners of former
Commissioner Red Hoffmeier had passed away and heard funeral was on Thursday.
Shane McHenry observed a moment of silence for Hoffmeier.
Lynch- today we
celebrated the anniversary of our constitution. 226 years later it is still
serving us well. He re-read it over the weekend.
Meeting adjourned at 7:35 PM
Christine Brauer Mueller
Lawrenceburg Township
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