AGENDA Dec 1st morning Commissioners Meeting

AGENDA

DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING

Tuesday, December 1, 2015

8:30 a.m., Commissioners Room

County Administration Building

215 B West High Street, Lawrenceburg, Indiana

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. OLD BUSINESS

1.  Amendment to Chapter 70 / Traffic Rules of Ordinance Book

2.  Contract w/FSSA Re: Inmate Application for Medicaid

IV. NEW BUSINESS

1.  K of C Request to hold 6^th Annual “Prayer on Square” at Veteran’s Memorial Area

2.  OKI 2016 Appointment

3.  SIRPC 2016 Appointment

4.  Board of Health Reappointment 

5.  Plan Commission Appointment

6.  Board of Zoning Appeals Appointment

7.  Resolution Giving Authorization to Execute Homeland Security Grants (EMA)

8.  BOC 2016 Meeting Schedule

9.  Highway Engineer, Todd Listerman

    1)  Acceptance of Morgan’s Ridge Drive (Morgan’s Ridge Subdivision)

    2)  Acceptance of Leah Drive, Melanie Meadows Drive and Grubbs Road Extension              (Hidden Acres Subdivision)

    3)  Presentation by United Consulting Engineers - 2015 Bridge Inspection Report

V. ADMINISTRATOR – Terri Randall

VI. AUDITOR – Gayle Pennington

1.  Claims/Minutes

VII. ATTORNEY – Andy Baudendistel

VIII. COMMISSIONER COMMENTS

IX. LATE ARRIVAL INFORMATION

X. PUBLIC COMMENT 

XI. ADJOURN

AGENDA Dec 1- Dearborn County Council Meeting

AGENDA

DEARBORN COUNTY COUNCIL MEETING

Tuesday, December 1, 2015

6:30 p.m., Commissioners Room

County Administration Building

215 B West High Street, Lawrenceburg, Indiana

1. PLEDGE OF ALLEGIANCE

1. CALL TO ORDER

1. SUPERIOR COURT II – Judge Sally McLaughlin

Public defenders 

Meals Petit Jurors

Petit Jurors

Overtime

1. Maintenance – Eric Hartman

Utility bills

Part time wages

1. CORONER – Steve Callahan

Part-time wages

Autopsies

Drug testing

1. EMERGENCY MANAGEMENT – Jason Sullivan

Tornado Siren

1. SUPERIOR COURT PROBATION – Steve Kelly

Grant distribution 

1. SHERIFF/JAIL – Mike Kreinhop

Body armor

Inmate medical care

Inmate bedding and clothing

1. PARK BOARD – JIM RED ELK

Utilities

Budget shortfall for per diem.

1. PLANNING AND ZONING – Mark McCormack

Legal Services

1. AUDITOR – Gayle Pennington

1. PUBLIC COMMENT

1. LATE ARRIVAL

1. ADJOURN

23 November 2015 Dearborn County Plan Commission Meeting Notes

23 November 2015 Dearborn County Plan Commission Meeting Notes

Present: Russell Beiersdorfer, Mark Lehman, acting chairman, Mike Hornbach, Art Little, Dan Lansing, Jim Thatcher, and Eric Lang.

Also Present: Mark McCormack, Plan Director, and Andy Baudendistel, Attorney.

ABSENT: Jake Hoog and Dennis Kraus, Jr. 

Mark Lehman was acting chairman in Dennis Kraus Jr’s absence.

ACTION ON MINUTES- minutes of the August meeting were approved. 

OLD BUSINESS: none

NEW BUSINESS:

Approval of the resolution and an amendment proposal for the West Harrison TIF redevelopment plan and its allocation area. Applicant/Owner- DC Redevelopment Commission. on Harrison Brockville Road zoned M-2 and Ag.

There is a larger area than was originally applied for. (36 plus acres is now 365 acres.) In summary the changes carve out a separate allocation area for Skally’s Old World Bakery project to account and track the TIF bond. It also adds portions of the Tootles Trust parcels that had been left out as they were thought to be undevelopable in the flood plain- but may be later usable in some way. It also creates an allocation area that our board has targeted for immediate improvements to create shovel ready inventory sites for potential businesses ( this includes the adjoining 15 acre tone property which the board is considering purchasing) and the Tootles parcels that Maxwell has. The DCRC is preparing to invest in development of the entire area to be able to respond to RFPs from potential companies with property that is ready for immediate occupancy. ( i.e. build it and they will come)

Skally’s Old World Bakery project incentives include: 36.31 acres for $1, issuance of a TIF bond up to $900,000 that will be backed by the company and repaid to the bond bank over 10-12 years with 50% of their business personal property taxes that will be returned to them for such bond retirement.

Jim Deaton and John Rahe were present from DCRC to answer questions. Rate said that they needed to make changes to get some of the people that were expressing some interest to be able to come here. Also the flood plain just has to be raised 2 ft- so there is potential there also. 

No public wished to speak- as no public was present other than me. 

Eric Lang said that his company is doing work there, though he is not. Beiersdorfer motioned and Little 2nd to a prove the resolution for this TIF. Eric Lang ABSTAINED from voting. All members present were ayes- so 6 ayes and 1 abstain.  

ADMINISTRATIVE:

Changes to Article 15 Wireless Telecommunications Facilities were discussed as modified to agree with new state law. Most changes were taken straight from the law. The changes were also reviewed by Andy Baudendistel, PC attorney. Discussion on tower height, lighting, and co-location vs. building a new tower. Baudendistel said you can lean on another ordinance already in place to justify cell tower restrictions in certain areas. Apparently the federal law causes some issues also. Law takes effect in January. McCormack wants to get it to the commissioners before then.

I left the meeting before they finalized the cell towers,  Financial Guarantee report and the discussion of the potential interlocal agreement with Dillsboro. 

Departed at 8:45 PM

Christine Brauer Mueller

Lawrenceburg Township

Sharon Orschell Obituary

OBITUARY - SHARON ORSCHELL, WIFE OF FORMER COUNTY COMMISSIONER, TOM ORSCHELL 

Sharon Orschell (nee Fox) of Dover, IN died peacefully on Tuesday, November 17th at the age of 63.

She is survived by her husband Tom of 42 years, sons Kevin (Mindy) and Matt (Amanda), grandchildren Ava, Coleston, and Kylee and  her mother Yvonne Fox. She also leaves many more family and friends.

Sharon is proceeded in death by her father Everett Fox, brother Ronald Fox, and beloved son Mark Orschell.

A visitation will be held Saturday, November 21st 9:30am at St John's Church Dover, Indiana followed by Mass of Christian Burial at11am.
The family welcomes everyone to join them for lunch and celebration of life in the parish hall after mass.
Memorials: Hansen Center, Batesville; All Saints Church Remodeling Fund
andres-wuestefeldfh.com

Reports for November 23 Plan Commission Meeting- 7 PM

November 23rd 7 PM  Plan Commission Meeting Addresses the West Harrison TIF area and Ordinance revisions on cell towers. The following link goes to the documents for the Plan Commission members to review and include maps showing details of the district. 

http://www.dearborncounty.org/egov/documents/1447437040_48916.pdf

17 November 2015 Dearborn County Commissioners Meeting Notes

17 November 2015 Dearborn County Commissioners Meeting Notes

Present: Shane McHenry, President, Art Little, and Kevin Lynch

Also present: Gayle Pennington, Auditor, Andy Baudendistel, Attorney, and Terri Randall, Administrator

This meeting was preceded by an executive session at 5 PM

Meeting started at 5:40 PM

McHenry asked for a moment of silence for three people who have recently passed away: Mike Seitz, Jason Richardson, and Sharon Orschell (wife of former Commissioner Tom Orschell)

Verification of Executive Session on Pending Litigation that only that was discussed.

Action of Executive Session- attorney is to file an answer on the pending litigation. No official action.

OLD BUSINESS:

Public Comment to Amendment to Chapter 70 Traffic Rules/ Ordinance Book Regarding ATVs and Golf Carts- 

One person asked how the roads were picked where ATV’s would not be permitted. His issue was trying to get Ohio County from Cole Lane.  Listerman said that the committee based it on road conditions, speed limits, and traffic counts. He said Cole Lane has curves and 45 mph speed limits. 

McHenry said many have UTV’s with side by sides and he had several people ask about those saying they were more safe than many motorcycles. UTV’s are different from ATV’s and so maybe they can redefine the off road vehicles better.

Commissioners TABLED this for the committee to take some additional consideration. Maybe add some citizens to the committee. They also decided to delay implementation of the ordinance as it was technically approved at the last meeting.  

Contract with FSSA Re: Inmate Application for Medicaid- McHenry said Dave Hall has been getting some information- TABLED AGAIN.

Pulse Point Contract- Jared Teaney presented the short powerpoint on it. Pulse Point is an APP for cell phones so that citizens can respond for CPR for a sudden cardiac arrest. This APP gets alerted when the 911 call is initiated. You also build the AED registry of where all the defibrillators are in public buildings. $10,000 first year plus $8,000 per year. First year is $18,000 total. DCHospital is paying for $10,000. Hospital backs this strongly. This is an innovative approach for a county like ours. The enthusiasm is the biggest plus- it gets everyone involved. The APP talks you thru the steps of CPR also. So even though training may have been in the past it can refresh you. There is a time limit for the defibrillator to work- but good CPR extends that time possibly per DC hospital trainer. The contract has been reviewed by Baudendistel. Commissioners approved and signed it. 

Roger Howard,  DC Hospital, also talked about their affiliation with TriHealth to help stop the need for a sale or a merger. Our people usually go to Cincinnati for tertiary care rather than Indy. It’s a clinical line affiliation that brings MD sub specialists to our community. Wanted to have it delivered locally. Trying to keep the care local if it is good here to do that. No assets or money exchanged. Going to buy some back office systems from them. Bundled payments will be helped by this too. One check gets cut to the acute care hospital to pay them, the docs, and the nursing home/rehab etc for Orthopedics for example. They will also try to get into insurance networks that they were unable to get into before. They aren’t on EPIC yet- as all the Cinti hospital systems are- but they can communicate across their platform. They will have to decide in the future whether to convert to that or not.

NEW BUSINESS:

Update on INDIANA Bicentennial Plans- CVTB- Debbie Smith- 2016 is the bicentennial year. They will raise the flag. They can do legacy projects to turn in. Hill forest is doing their cabin for example. Logo on county brochure. Signature event is a torch relay across all counties- Saturday- Sept 17th here in Dearborn County. Looking at possible parade for this event perhaps. The torch ends here in Lawrenceburg. They have been working with the state offices on this.  

EMA Director- Jason Sullivan- Request to approach Council for New Tornado Siren in Dillsboro- 1979 and it had been non - functional for a year and a half or more. $22,913.24 is the quote form MobilCom. Approved to go to Council.

Sullivan also asked that Rick Tenhundfeld from Health Dept  be the appointee for District Planning Council Appointment- approved.

2015 EMPG Local Base Award Grant- Electronic Approval needed per Sullivan. Pennington submits this digitally if they approve it. Approved. 

HIGHWAY DEPT. Todd, Listerman, County Engineer- Ratify Signatures for Stateline Reconstruction in Bright- Ratified.

Stateline Project is advertised- bid date of Dec 15th and the award hopefully will be in January and Construction in March 2016. Last utility to move is the phone company- they are relocating now. 

Bids on Bonnell coming in for December approval. Annual material bids also for 2nd meeting in Dec. Listerman will be available at home over Thanksgiving Break. Salt situation is in pretty good shape per Listerman.

ADMINISTRATOR- Terri Randall- Courthouse Annex project is moving along now. Design-development phase is in preliminary proof now. Wants DLZ to come in soon to present that. They need to do a parking site for the project and a preliminary is done. They can’t proceed with a building permit without that as Lawrenceburg is requiring it- even though they had given the a pass with the jail on parking. Construction documents and details are in the next phase that lasts till February. 

Apologize that they had to reschedule a Dillsboro EMS meeting- probably in January when they have their new President.  

AUDITOR- Gayle Pennington- claims approved. She also thanked the state for the bicentennial flag for each county. . 

ATTORNEY- Andy Baudendistel- the strip of land in Villages of Sugar Ridge for the drainage spot will probably be available at tax sale. About 1 acre. Process has been moving forward. As long as no one redeems it. 

COMMISSIONER COMMENTS- Lynch wanted to recognize all the veterans groups and citizens who attended Recognize Celeste Calvitto on the litter signs and the getting them on the state roads. Getting us focused on trash and cleaning up. 

Little- Congrats to EC football - they made semi-state.

McHenry congratulated Pennington for making outstanding auditor.

He also said Congrats to Alan Goodman who is new Councilman replacing Lyness. Couldn’t ask for a better replacement.

PUBLIC COMMENT- Celeste Calvitto- she went to Randy Frey who went to INDOT and they are getting 80 signs to get those state roads done. 100 are for the county roads. 

Eli Grossman- lives on Bell Arbor- a guy from Texas has illegally closed a county road. There is a dump out there too. McHenry said there is plan of action in place to a dress that. 

LATE ARRIVAL- none

Meeting Adjourned at 6:55 PM

Christine Brauer Mueller

Lawrenceburg Township

AGENDA- Nov 17th Commissioners Meeting

AGENDA

DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING

Tuesday, November 17, 2015 

5:30 p.m., Commissioners Room

County Administration Building

215 B West High Street, Lawrenceburg, Indiana

EXECUTIVE SESSION @ 5:00 p.m. IC 5-14-1.5-6.1(a) (1); (b) (2) (B)  

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. VERIFICATION OF EXECUTIVE SESSION

IV. ACTION OF EXECUTIVE SESSION

V. OLD BUSINESS

1.  Public Comment to Amendment to Chapter 70 / Traffic Rules of Ordinance Book

2.  Contract w/FSSA Re: Inmate Application for Medicaid

3.  Pulse Point Contract

VI. NEW BUSINESS

1.  Update on Bicentennial Plans - CVTB, Debbie Smith

2.  EMA Director, Jason Sullivan

• Request to Approach Council - New Tornado Siren in Dillsboro
• District Planning Council Appointment
• 2015 EMPG Local Base Award Grant – Electronic Approval Needed

3.  Highway Engineer, Todd Listerman

• Ratify Signatures on Stateline Reconstruction in Bright

VII. ADMINISTRATOR – Terri Randall

VIII. AUDITOR – Gayle Pennington

1.  Claims/Minutes

IX. ATTORNEY – Andy Baudendistel

X. COMMISSIONER COMMENTS

XI. LATE ARRIVAL INFORMATION

XII. PUBLIC COMMENT 

XIII. ADJOURN

Remember: Research First, TIF Press Release Second

Remember: Research First,
TIF Press Release Second

For immediate release 

by Craig Ladwig

You know there is a political element when the sponsors of a research study announce in advance what the research is going to find. So it is with a study from the University of Southern Indiana directed by the Indiana Economic Development Association (IEDA) promising to debunk the “myths” of tax-increment financing (TIF) — that is, to explain what a good deal it is.

“Powerful myths and considerable misinformation about TIF activity in Indiana regularly cloud understanding and perceptions about the value of the TIF tool,” says the CEO of IEDA in a press release. “To clear up possible confusion and document best practices, the Indiana Economic Development Association is funding and directing a comprehensive statewide TIF study that will be fair and nonpartisan.”

The target of this fairness and nonpartisanship is the work of Dr. Mike Hicks of the Ball State University School of Business. Dr. Hicks and Tom Heller of the Indiana Policy Review Foundation have been separately decoding the inscrutable TIF formula so that average citizen and local officials can understand where local tax money is going.

A Ball State study published last winter found that TIF boosted assessed value within the TIF district, but led to higher tax rates, less AV (assessed valuation) outside the TIF and modestly lower manufacturing employment within the county.  Hence, the average TIF was bad for a county. The Ball State study also corroborated the findings of studies in other states, which suggest that TIFS are used as a budget-management tool for local government rather than as an economic development tool.

Even more damning was a Legislative Services Agency study published this fall. The study, using more granular (parcel-level) data than the Ball State researchers had available, found that TIF had no employment effects, but that redevelopment commissions were formed to capture growth that was already occurring. The conclusion, then, was that the average TIF had no effect on employment, but merely captured tax dollars from other units (schools, libraries, etc.)

In all, 2015 was a tough year for IEDA and advocates of unlimited TIF spending. Studies of California, which did away with TIFs in 2014, showed no effect of the loss of that financing tool. The current issue of the Indiana Policy Review illustrates the problem of base loss, and suggests malfeasance in the administration of certain TIFs. The Economist magazine published an article this fall connecting TIF and Tax Abatements to lost school funding across Indiana.

Tax-increment financing was supposed to be an economic-development boon, but the lack of positive outcomes and its apparent misuse as a budget-management tool suggests that there are broad problems with the system of local-government finance in Indiana. Charges of crony capitalism in connection with a TIF district have been leveled in a series of articles bythe Marion Chronicle.

This worries legislators like Sen. Greg Walker who in the past has expressed concern that TIF in particular is problematic. He has urged that its impact on local tax bases be objectively reviewed and reevaluated.

Such concern in advance of the legislative session might explain the preemptive press release. But what also should worry legislators is an Indiana Economic Development Association willing to manipulate and time academic research so as to protect failed policy.

Craig Ladwig is editor of the quarterly Indiana Policy Review.
 

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The Indiana Policy Review Foundation is a non-profit education foundation focused on state and municipal issues. It is free of outside control by any individual, organization or group. It exists solely to conduct and distribute research on Indiana issues. Nothing written here is to be construed as reflecting the views of the Indiana Policy Review Foundation or as an attempt to aid or hinder the passage of any bill before the legislature or to further any political campaign.

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VALUES LISTED ON EXHIBIT FOR SKALLY"S OLD WORLD BAKERY PROJECT

EXHIBIT C

SKALLY'S OLD WORLD BAKERY

LAND VALUE- $3 million [NOTE: for 36.4 acres. This land is proposed to transfer to Skally's for $1 per county documents. The county did not pay $3 million for this land.] 

BUILDING VALUE- $17 million

EQUIPMENT AND PERSONAL PROPERTY- $20 million

TOTAL- $40 million

RESOLUTION #3 for SKALLY'S OLD WORLD BAKERY

PICTURES OF WEST HARRISON EXPANSION AREA AND NEW ALLOCATION AREAS

AMENDMENTS AND EXPANSION TO WEST HARRISON TIF AREA- RESOLUTION PASSED AT DCRC 12 NOV 2015

AMENDMENTS AND EXPANSION TO WEST HARRISON TIF AREA- RESOLUTION PASSED AT DCRC 12 NOV 2015

RESOLUTION NO. ___2______

RESOLUTION OF THE DEARBORN COUNTY REDEVELOPMENT COMMISSION APPROVING VARIOUS AMENDMENTS TO THE DECLARATORY RESOLUTION AND ECONOMIC DEVELOPMENT PLAN FOR THE WEST HARRISON EXPANDED ECONOMIC DEVELOPMENT AREA

WHEREAS, the Dearborn County Redevelopment Commission (the “Commission”), as the governing body for the Dearborn County Redevelopment Department, pursuant to Indiana Code 36-7-14, as amended (the “Act”), has heretofore adopted a declaratory resolution (as subsequently confirmed and amended, the “Declaratory Resolution”) designating an area known as the West Harrison Expanded Economic Development Area (the “Existing West Harrison Economic Development Area”) as an Economic Development Area pursuant to the Act, designating the Existing West Harrison Economic Development Area as an “allocation area” (designated as the “West Harrison Expanded Economic Development Area Allocation Area”) pursuant to Section 39 of the Act (the “Existing West Harrison Allocation Area”), and approving an Economic Development Plan for the Existing West Harrison Economic Development Area (as previously adopted and amended, the “Plan”); and

WHEREAS, pursuant to Sections 15-17.5 of the Act, the Commission desires to amend the Declaratory Resolution and the Plan by making certain modifications to the Existing West Harrison Economic Development Area and the Existing West Harrison Allocation Area, including (1) expanding the Existing West Harrison Economic Development Area and the Existing West Harrison Allocation Area to include the road depicted in Exhibit A hereto (the “West Harrison Expansion Area”), (2) removing certain parcels from the Existing West Harrison Allocation Area and creating a separate additional new allocation area consisting of such removed parcels and certain addition parcels to be added to the Existing West Harrison Economic Development Area, as depicted in Exhibit B hereto, and (3) adding the projects described in Exhibit C attached hereto (collectively, the “2015 Project”) to the Plan (collectively, the “Amendment”); and

WHEREAS, the Commission has caused to be prepared maps and plats showing the boundaries of the Existing West Harrison Economic Development Area, as hereby expanded, the location of various parcels of property, streets, alleys, and other features affecting the replatting, replanning, rezoning, redevelopment or economic development of the Existing West Harrison Economic Development Area, as hereby expanded, and the parts of the Existing West Harrison Economic Development Area, as hereby expanded, that are to be devoted to public ways, sewerage and other public purposes under the Amendment; and

WHEREAS, the Commission has caused to be prepared a list of the parcels of property located in the Existing West Harrison Economic Development Area, as hereby expanded, and the owners thereof; and

WHEREAS, the Commission has caused to be prepared an estimate of the cost of the 2015 Project as set forth in Exhibit C hereto; and

WHEREAS, the proposed Amendment and supporting data were reviewed and considered at this meeting;

NOW, THEREFORE, BE IT RESOLVED by the Dearborn County Redevelopment Commission, as the governing body of the Dearborn County Redevelopment Department, as follows:

1. In addition to the 2015 Project set forth in Exhibit C hereto, the Amendment shall consist of the amendments described below.
2. The West Harrison Expansion Area, together with the parcels indicated in Exhibit B (the “Skally’s Bakery Expansion Area”), are hereby added to the Existing West Harrison Economic Development Area.
3. The parcels indicated in Exhibit B hereto (the “Removed Parcels”) are hereby removed from the Existing West Harrison Allocation Area.
4. The area depicted in Exhibit B, consisting of the Removed Parcels and the Skally’s Bakery Expansion Area, is hereby designated as a new “allocation area” (the “Skally’s Bakery Allocation Area”) pursuant to Section 39 of the Act for purposes of the allocation and distribution of property taxes on real property for the purposes and in the manner provided by said Section. Any property taxes subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in said allocation area shall be allocated and distributed as follows:

Except as otherwise provided in said Section 39, the proceeds of taxes attributable to the lesser of the assessed value of the property for the assessment date with respect to which the allocation and distribution is made, or the base assessed value, shall be allocated to and when collected paid into the funds of the respective taxing units. Except as otherwise provided in said Section 39, property tax proceeds in excess of those described in the previous sentence shall be allocated to the redevelopment district and when collected paid into an allocation fund for said allocation area that may be used by the redevelopment district to do one or more of the things specified in Section 39(b)(3) of the Act, as the same may be amended from time to time. Said allocation fund may not be used for operating expenses of the Commission. This allocation provision shall expire on the later of twenty-five (25) years from the date of issuance of debt secured by the allocated property taxes, or at such time as no bonds payable from allocated property taxes are outstanding.  The base assessment date for the Skally’s Bakery Allocation  Area will be March 1, 2015.

1. With respect to the Skally’s Bakery Allocation Area, the Commission hereby designates Odette, LLC (the “Company”) and its successors or assigns, or any affiliates of the Company and their successors or assigns, as a “designated taxpayer” for purposes of IC 36-7-14-39.3 (the “Designated Taxpayer”).  The Commission hereby modifies the definition of property taxes in IC 36-7-14-39(a) for the purposes of including taxes imposed under IC 6-1.1 on the depreciable personal property of the Designated Taxpayer and all other depreciable property located and taxable on the Designated Taxpayer’s site of operation in the Skally’s Bakery Allocation Area.  The Commission finds that:  (a) the taxes to be derived from the Designated Taxpayer’s depreciable personal property in the Skally’s Bakery Allocation Area and all other depreciable property located and taxable on the Designated Taxpayer’s site of operation within the Skally’s Bakery Allocation Area in excess of the taxes attributable to the base assessed value of that personal property, are needed to pay debt service on bonds issued under IC 36-7-14-25.1, or to make payments or to provide security on leases payable under IC 36-7-14-25.2, in order to provide local public improvements for the Skally’s Bakery Allocation Area; (b) the property of the Designated Taxpayer in the Skally’s Bakery Allocation Area will consist primarily of an industrial related project; and (c) the property of the Designated Taxpayer in the Skally’s Bakery Allocation Area will not consist primarily of a retail, commercial or residential project.
2. The Existing West Harrison Economic Development Area and the Existing West Harrison Allocation Area are hereby expanded to include the road depicted in Exhibit A hereto (the “West Harrison Expansion Area”).  The Existing West Harrison Economic Development Area is further expanded to include the parcels indicated in Exhibit B, which shall form a part of the Skally’s Bakery Allocation Area (the “Skally’s Bakery Expansion Area”).
3. This paragraph shall be considered the allocation provision for the West Harrison Expansion Area.  Any property taxes levied on or after the effective date of this Resolution by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in the West Harrison Expansion Area shall be allocated and distributed in accordance with IC 36-7-14-39 or any applicable successor provision.  This allocation provision shall expire no later than twenty-five (25) years after the date on which the first obligation is incurred to pay principal and interest on bonds or lease rentals or leases payable from tax increment revenues.
4. The Plan, as hereby amended, is hereby adopted as the economic development plan for the West Harrison Expansion Area and the Skally’s Bakery Allocation Area.

1. The base assessment date for the West Harrison Expansion Area will be March 1, 2015.  The base assessment date for the Existing West Harrison Allocation Area (not including the West Harrison Expansion Area or the Removed Parcels) shall remain unchanged.

1. The Commission also directs the Redevelopment Commission President or his representative to prepare or cause to be prepared statements disclosing the tax impact of the West Harrison Expansion Area and the Skally’s Bakery Allocation Area, including the following: (a) the estimated economic benefits and costs incurred by the West Harrison Expansion Area and the Skally’s Bakery Allocation Area, as measured by increased employment and anticipated growth of real property assessed values; and (b) the anticipated impact on tax revenues of each taxing unit that is either wholly or partly located within the West Harrison Expansion Area or the Skally’s Bakery Allocation Area.  A copy of these statements shall be filed with each such taxing unit with a copy of the notice required under Section 18 of the Act at least ten (10) days before the date of the public hearing described in Section 16 of this Resolution.

1. The Existing West Harrison Allocation Area, as expanded by the West Harrison Expansion Area and as reduced by the Skally’s Bakery Allocation Area, shall be deemed to continue as an existing allocation area designated as the “West Harrison Expanded Economic Development Area Allocation Area.”
2. The officers of the Commission are hereby directed to make any and all required filings with the Indiana Department of Local Government Finance and the Dearborn County Auditor in connection with the creation of the Skally’s Bakery Allocation Area and the expansion and reduction of the Existing West Harrison Allocation Area.
3. The Commission hereby finds that it will be of public utility and benefit to adopt the Amendment, and that the public health and welfare will be benefited by the Amendment. The Commission further finds and determines that the Amendment is reasonable and appropriate when considered in relation to the Plan and the purposes of the Act, and that the Plan, with the Amendment, conforms to the comprehensive plan for Dearborn County. The Commission hereby reconfirms the findings and determinations set forth in the Declaratory Resolution with respect to the Existing West Harrison Economic Development Area. 
4. The Amendment is hereby approved in all respects. The Plan, as amended by the Amendment, is hereby confirmed in all respects.
5. Any member of the Commission is hereby authorized to take such actions as are necessary to implement the purposes of this resolution, and any such action taken prior to the date hereof is hereby ratified and approved.
6. This Resolution, together with any supporting data, shall be submitted to the Dearborn County Plan Commission (the “Plan Commission”) and the Board of Commissioners of the County of Dearborn (the “Board of Commissioners”) as provided in the Act, and if approved by the Plan Commission and the Board of Commissioners shall be submitted to a public hearing and remonstrance as provided by the Act, after public notice as required by the Act.

Adopted this ____ day of November, 2015.

EXHIBIT A

WEST HARRISON EXPANDED ECONOMIC DEVELOPMENT AREA ALLOCATION AREA, AS EXPANDED BY THE WEST HARRISON EXPANSION AREA, AND AS REDUCED BY SKALLY’S BAKERY ALLOCATION AREA

(See attached)

EXHIBIT B

SKALLY’S BAKERY ALLOCATION AREA

(See attached)

EXHIBIT C

The 2015 Project consists of the following:  

1. Application of Tax Increment Revenues from the Skally’s Bakery Allocation Area to pay principal and interest on bonds to be issued on behalf of Odette, LLC and Maxwell LLC (or a related party).

Estimated cost: bonds in the approximate amount of $_______________. 

The project list for the Existing West Harrison Economic Development Area, as expanded by the West Harrison Expansion Area, the West Harrison Expanded Economic Development Area Allocation Area, as expanded and reduced, and the Skally’s Bakery Allocation Area is expanded to include any or all or any portion of the following, as determined from time to time by the Dearborn County Redevelopment Commission to be in furtherance of the redevelopment and economic development of the respective allocation area:

1. Necessary infrastructure that is in, serving or physically connected to the respective allocation area.  Although the precise nature of infrastructure that may be necessary from time to time to attract and retain prospective redevelopment and economic development opportunities in the respective allocation area cannot be predicted with certainty, the availability of adequate infrastructure is of fundamental importance in attracting and retaining such opportunities in the respective allocation area.

2.  Any demolition costs deemed necessary by the Redevelopment Commission.

3. The application of tax increment revenues to offset payments by developers on promissory notes or to make bond payments in connection with economic development revenue bond financings undertaken by the County in furtherance of the economic development or redevelopment of the respective allocation area.  The provision of incentives by the application of tax increment revenues to offset developer promissory notes that secure economic development revenue bonds or to make bond payments has become an established financing tool and an increasingly common form of incentive for attracting economic development and redevelopment.

4. Acquisition from the County of parcels owned by the County from time to time, on terms agreed to with the County.

Estimated cost:   $__________.

INDS01 1534113v2

12 November 2015 Dearborn County Redevelopment Meeting Notes

12 November 2015 Dearborn County Redevelopment Meeting Notes

THERE WILL BR POSTINGS AFTER THIS OF THE TWO RESOLUTIONS, LAND VALUE OF SKALLY’S 36+ ACRES, BOND ISSUES, ETC. FROM THIS MEETING.

Present: Dave Deddens, Chairman, Jim Helms, John Rahe, and Jim Deaton. 

ABSENT as usual: Dusty Burress (non- voting school board member). Randy Lyness has not been replaced yet as board member by Council.

Also present: Terri Randall, county administrator and economic development director, Sue Hayden, minute taker, Gayle Pennington, Auditor and DCRC treasurer.

ABSENT: Andrea Ewan, Attorney

Randall had a bad cold and laryngitis- hard to hear some of what was said.

APPROVAL OF MINUTES- October 19th minutes Tabled as Deaton could not vote as he wasn’t there. November 4th minutes approved.

UNFINISHED BUSINESS: None

CLAIMS AND FINANCIALS:

$1770.48- regular claims approved.

$35,000- Lbg Redevelopment Committee for Hyatt Palma- approved- from the VISIONING GRANT FUND of $270,000 from Lawrencebrg.

Reviewed the balances in each TIF 

NEW BUSINESS:

Resolution- West Harrison Plan amendment - Randall has been working with Barnes and Thornburg and they carved out Skally’s $700-900,000 giving to them on personal property. Want them carved out separate to keep track. It has to remain contiguous and they had to show ROW connection along the roadway. 

Randall said- The Tootles Trust site (developed with Maxwell) has a developer working over there. They stopped the TIF along the flood plain as somebody made an assumption that it couldn’t be developed. [NOTE: That advice was taken when Barnes and Thornburg helped set these TIFs up years ago.] The Plan Commission approved some flood plain for this. They are adding something to the TIF and amending for the above Skally’s carve out. They need this all done to go to the Plan Commission. One TIF and three allocation areas? asked Deaton- yes. 

Resolution #2 for this was read:

Approving declaratory resolution #2. The existing WHDA will have an EXPANDED allocation are for the WHDA (West Harrison Development Area. This is a 25 year allocation. Skally’s starts in March 1, 2015. (That is not a misprint- it is for 2015.) The previous base dates are unchanged for the other properties in the TIF. This resolution goes to the Plan Commission and the Board of Commissioners for approval. DCRC board (3 members present) approved and signed the resolution. Randall encouraged DCRC to show up for the Plan Commission. The PC has to determine if this is consistent with the master plan/economic development plan.

Appointment of appraiser for DCRC Land West Harrison- Randall said they have to have 2 independent appraisals. Appraisals, Inc is $400/parcel and Pillar Evaluation Group wants $1500 total??? Approved the two appraisers. [NOTE: When there is this large a disparity in quotes- something isn’t right.] 

Consideration of Approval for the EDA with Odette, LLC, AKA Skally’s Old World Bakery. The final agreement will not be signed today until after more hearings. Resolution #3- approving a development agreement and the county will issue economic development bonds for Odette, LLC. Resolution will take effect immediately today as approved. Approved. Deacon said it feels good to be moving on things.

Randall put in a plug for getting places to put people who  come to the county and are looking for business places. 

ECONOMIC DEVELOPMENT OFFICER’S REPORT: none

ATTORNEY’S REPORT- none- Ewan was absent

OTHER BUSINESS- Next County Council meeting is on December 1st at 6:30 PM and they will get a presentation that they can’t vote on until their January meeting. It would have to be unanimous vote to get passed at the next meeting instead of January. It’s better they have time to think. 

Pennington- asked if they were cleaning up West Harrison TIF the same as Aurora TIF. There was some discussion of removing home sites from the TIFs. Deacon said they need to think about that as it affects the price for those people then. 

ADJOURNMENT - 9:50 AM

Christine Brauer Mueller

Lawrenceburg Township

Agenda- Nov 12th DC Redevelopment Commission

 AGENDA

DEARBORN COUNTY REDEVELOPMENT COMMISSIONS MEETING

November 12, 2015

9:00 a.m., 3^rd Floor Commissioners Room

County Administration Building

215 B West High Street, Lawrenceburg, Indiana

1. Call to order

1. Approval of Minutes

October 19, 2015 Meeting (tabled from November 4^th meeting)

November 4, 2015

1. Claims & Financials

1.  Approval of Claims

2.  Review of Financials

1. New Business

1.  Resolution – West Harrison Plan Amendment

2.  Appointment of Appraiser for DCRD Land – West Harrison

3.  Consideration of Approval for the EDA with Odette, LLC (Skally’s Old World Bakery)

1. Economic Development Officer’s Report

1. Attorney’s Report

1. Other Business

1. Adjournment

Greenlight a Vet

Greenlight a Vet:

Check out the link below:

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Commissioners Meeting Rime Changed due to Executive Session Nov 17th

PUBLIC NOTICE

Change in meeting time

This serves as notice that the November 17, 2015 Dearborn County Commissioner’s meeting time has been changed to 5:30 p.m.

These meeting are held at the

Administration Building,

215 B West High Street,

Lawrenceburg, IN 47025

PUBLIC NOTICE

Executive Session

The Dearborn County Commissioners have called an executive session at 5:00 p.m. Tuesday, November 17, 2015  

This meeting will be held for the sole purpose of discussing pending litigation which is classified confidential by state and federal statutes

IC 5-14-1.5-6.1(a) (1); (b) (2) (B)  

This meeting will take place at the Administration Building, 3rd Floor Commissioners Room, 215-B West High Street, Lawrenceburg, IN  47025.

DCRC MEETING Called for Nov 12th

PUBLIC NOTICE

The Dearborn County Redevelopment Commission has called a meeting for Thursday, November 12, 2015 at 9:00 a.m.

These meetings will take place at the

Dearborn County Administration Building, 

3^rd Floor Commissioner’s Room,

215 B West High Street,

Lawrenceburg, IN  47025

4 November 2015 Dearborn County Redevelopment Meeting No

4 November 2015 Dearborn County Redevelopment Meeting Notes

Present: Dave Deddens, Chairman, John Rahe, Jim Deaton.

Randy Lyness ( now IN State Rep) is no longer a member of the DCRC, but a new member has not been appointed yet. 

ABSENT: JIM HELMS

ABSENT, as usual:  Dusty Burress (non- voting school board member)

Also present: Terri Randall, county administrator and economic development director, Andrea Ewan, attorney, Sue Hayden, minute taker, Gayle Pennington, Auditor and DCRC treasurer.

Randy Maxwell was present at the Executive session only.

MEETING STARTED AT 11:20 AM

Verification of Information Discussed in Executive Session- The DCRC board verified that they only discussed material covered under the law. 

Action of Executive Session- To get approval to move forward with the confidential company in the West Harrison area. This is NOT Skally's- but a different company. Skally's will be discussed at the Nov 12 meeting.

Randall asked them to designate someone from the board to be present for the negotiations because she is going to need help. They approved Jim Deaton and John Rahe is alternate if needed. 

APPROVAL OF MINUTES- October 19th Minutes approved.Tabled as Deaton was not present at that meeting and only two members cannot approve.

Visioning grant claim for Aurora to be paid out of the $270,000 grant. This is from the Regional Economic Development fund from Lawrenceburg. The county is administering that. Each of the smaller communities were to do their visioning first and then draw that all together. Each city had funds earmarked. Up to $5,000 matching grant from OCRA for master planning. This invoice from Aurora for $4500 was approved. 

With the Skally’s project moving forward. Project moved closer to Hirlinger property. Looking to break ground near March 2016. All legal paperwork is being prepared and thru Barnes and Thornburg for the TIF bond. Have to get that done prior to the Plan Commission. 

Randall needs the DCRC to meet November 12th still to work on several items before then. Meeting 9 AM. 

Randall answered Deddens question about the TIF- Umbaugh recommended starting over due to how the TIF is tracked. REDI meeting to be attended by Deddens and Deaton. 

The board extended congratulations to Gayle Pennington on Auditor’s award.

ADJOURNMENT - 11:35 AM

Christine Brauer Mueller

Lawrenceburg Township

ORDINANCE AMENDING TRAFFIC RULES ON ATVs and GOLF CARTS in Dearborn County

ORDINANCE AMENDING TRAFFIC RULES ON ATVs and GOLF CARTS in Dearborn County:

BOARD OF COMMISSIONERS

DEARBORN COUNTY, INDIANA

ORDINANCE 2015--_____

ORDINANCE AMENDING CHAPTER 70 OF THE

DEARBORN COUNTY CODE OF ORDINANCES

An Ordinance to amend Chapter 70 of the Dearborn County Code of Ordinances dealing with Traffic Rules.

WHEREAS, changes in State statutes have given local governments the authority to regulate the operation of golf carts on county maintained public roads;

WHEREAS, Dearborn County has previously regulated off-road vehicles and has prohibited their operation on certain county maintained public roads pursuant to State statute;

WHEREAS, in the interests of public safety, the Board of Commissioners believe that Chapter 70 of the Dearborn County Code of Ordinances should be updated address the operation of golf carts on county maintained public roads and the continued operation of off-road vehicles on county maintained public roads; and

WHEREAS, the Board of Commissioners desire to amend the Chapter 70 of the Dearborn County Code of Ordinances to best protect the citizens of Dearborn County, Indiana.

THEREFORE, BE IT ORDAINED that the pertinent portions of Chapter 70 of the Dearborn County Code of Ordinances shall be amended as follows (removed language struck through; added language underlined):

§ 70.04 OFF-ROAD VEHICLES

(A) Off-road vehicles, as defined by state law Indiana Code § 14-8-2-185, may use county roads, outside of the corporate limits of any city or town in accordance with the laws of the State as Indiana as prescribed in Indiana Code § 14-16-1 with the exceptions of:

(1) Stateline Road;

(2) Jamison Road;

(3) North Dearborn Road east of State Road 1; 

(4) Georgetown Road;

(5) Bond Road;

(6) Sand Run Road;

(7) Cole Lane;

(8) Whites Hill Road;

(9) Harrison-Brookville Road;

(10) Salt Fork Road;

(11) Jackson Ridge;

(12) Pribble Road; and

(13) Wilson Creek Road;

(B) The prohibited roads listed in subsection (A), above, may be crossed at a ninety degree (90°) angle by an off-road vehicle for agricultural and/or recreational purposes;

(C) No person shall operate an off-road vehicle on a county maintained public highway without a valid motor vehicles driver’s license pursuant to Indiana Code § 14-16-1-20(c);

(D) No other use otherwise prohibited by Indiana law shall be permitted on county roads, including, but not limited to, the prohibitions found under Indiana Code § 14-16-1-23;

(E) A person who operates an off-road vehicle on county roads shall comply with all the conditions of Indiana Code § 14-16-1, et seq., and, specifically, with the requirements of Indiana Code § 14-16-1-20; and

(F) A person who operates a snowmobile on county roads shall comply with all conditions and requirements of State law.

§ 70.07 GOLF CARTS

(A) This section is not intended to promote the operation of golf carts on county maintained public roads.  Dearborn County does not recommend or even endorse the operation of golf carts on its roads.  However, many of the citizens of Dearborn County want to operate golf carts on county roads.  All persons operating golf carts must be attentive to the safety of themselves and others, including passengers, other motorists, bicyclists, and pedestrians.  All persons who operate or ride golf carts on county streets do so at their own peril.  Dearborn County assumes no liability for the operation of golf carts within Dearborn County based upon this section;

(B) For the purposes of this section, a golf cart is a commercially manufactured four wheeled motor vehicle originally and specifically designed and intended to transport one or more individuals for the purpose of playing the game of golf on a golf course and that has not been modified in any fashion to increase speed;

(C) The operation of a golf cart on any public roadways in Dearborn County is hereby prohibited except as outlined in this section;

(D) The operation of a golf cart is permitted between the hours of 7:00 A.M. and 11:00 P.M. only in the following situations:

(1) Within the municipal boundaries of a city or town that has specifically authorized 

the operation of golf carts and only in accordance with the municipal ordinance authorizing the operation of golf carts; and

(2) Within platted subdivisions wherein the speed limit is twenty-five miles per hour (25 MPH) or less;

(E) No person shall operate a golf cart within Dearborn County unless the operator holds a valid driver’s license;

(F) No person shall operate a golf cart with Dearborn County without financial responsibility.  Financial responsibility shall have the same meaning in this section as it is defined in Indiana Code Title 9.  Proof of financial responsibility shall be in the same manner as provided in Indiana Code § 9-25-4;

(G) No person shall operate a golf cart in the unincorporated areas of Dearborn County unless it is equipped with head lights, tail lights, brake lights, turn signals, and a slow-moving vehicle placard;

(H) No more than two (2) persons, including the operator, may be on a golf cart while it is in use unless the golf cart is specifically manufactured to transport more than two (2) occupants;

(I) No person shall operate a golf cart within Dearborn County unless the golf cart is registered with Dearborn County.  To register a golf cart, the owner shall present proof of financial responsibility to the Dearborn County Highway Department, and pay the registration fee of Fifty Dollars ($50.00) to Dearborn County through the Highway Department.  The owner must affix the registration sticker issued by the Highway Department upon the back of the golf cart so that it is clearly visible from behind.  All registrations expire December 31^st of each year.  If an owner of a golf cart resides in a municipality that has authorized the operation of golf carts, they shall register their golf cart with that municipality;

(J) At the time of registration, the owner of the golf cart being registered must swear or affirm, under penalties for perjury, that the golf cart they are registering is in compliance with this section.  Failure to maintain compliance with this section shall result in penalties in accordance with § 70.99(F);

(K) Monies collected for golf cart registration shall be deposited in the Highway Department MVHA Fund.

§ 70.99 PENALTY

(E) Any person violating any portion of § 70.04 shall be guilty of a Class D infraction and shall be fined up to Twenty Five Dollars ($25.00).  Any person found to have violated any portion of § 70.04 more than once in a calendar year shall be guilty of a Class C infraction and shall be fined up to Five Hundred Dollars ($500.00); and

(F) Any person violating any portion of § 70.07 shall be guilty of a Class D infraction and shall be fined up to Twenty Five Dollars ($25.00).  Any person found to have violated any portion of § 70.07 a second time in a calendar year shall be guilty of a Class C infraction and shall be fined up to Five Hundred Dollars ($500.00).  If a person is cited for a violation of § 70.07 for a third time in any calendar year, he or she shall be guilty of a Class C infraction and shall be fined up to Five Hundred Dollars ($500.00).  Additionally, the registration for the golf cart the person was operating at the time of the citation and the registration for any golf cart registered by that person shall be revoked and the golf cart(s) may not be registered for a period of one (1) year.

ALL OF WHICH IS ORDAINED by the Board of Commissioners of Dearborn County, Indiana this the _____ day of _______________, 2015.

BOARD OF COMMISSIONERS

DEARBORN COUNTY, INDIANA

______________________________ ______________________________

SHANE MCHENRY, President KEVIN LYNCH, Member

______________________________

ATTEST: ART LITTLE, Member

______________________________

GAYLE PENNINGTON

County Auditor