5 July 2016 Dearborn County Commissioners Meeting Notes

5 July 2016 Dearborn County Commissioners Meeting Notes

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

Also present: Cnnie Fromhold subbing for Gayle Pennington, Auditor, Andy Baudendistel, Attorney.

ABSENT: Gayle Pennington, Auditor and Terri Randall, Administrator

Baudendistel read the Title VI Voluntary Survey statement as usual.

OLD BUSINESS:

Vacate Portion of West Brown Road- Jeff Stenger JDJ Surveying- McHenry said that McCormack and Listerman had met with the residents out there. Frank Linkmeyer, former L-bg Councilman addressed the commissioners. Asked about vacating roads and the permanence of that concept. If Mr Brown wanted to go down and log his forest. Baudendistel explained that about 370 ft is being shortened to about 140 ft. Linkmeyer said that if the landowner wanted to redo that road for subdivision later then they should be able to and then the county would have to accept it later perhaps. Closed is different from vacated. Closed just quits the maintenance. Looking at the future some of these county roads may be usable again. He said the subdivision roads can last 20 years. Brown said that he would bring water along the county road to avoid the RR tracks and permits etc. They need the road to be there. The Heids protesting the vacation said that the owners- the Fulks-  could get a variance perhaps. 

Jeff Stenger- Surveyor representing Fulks. We were tabled to allow the Heids to bring in further information. The property line is on the section line and that varies from the centerline of the road. The county does not own the county roads other than in subdivisions. The county gets paid by the state for the roads they are maintaining. The unmaintained sections are not being paid for by the state. His clients are seeking privacy. Vacating the road increases their property value. Liability increases for the county if they don’t vacate this road and someone has an accident on it. Heids have additional access points- one is expensive and the other is OK on their own land. Private utilities do not have the right to put them in a county easement for a road. A public owned utility can go in. heads used the road as access. Stenger said that that is trespass. Joanne Fulks came up to answer McHenry’s questions. She doesn’t want trucks and things going down there. She has grandchildren and mother in-law who fell and broke a hip- she wants to have it safe. Not their intent to be unneighborly. Jamie Graf said that they are building the home on the current structure’s site- they are tearing one down and putting a new one up. It isn’t an arbitrary choice- it is sited to be near the pond etc. 

Stenger - here to vacate the roadway and give the county a turnaround. Brown said he wanted to be considered too. Heid said Fulks can get on BZA for  a variance. Jamie Graf said they don’t want a variance- because they don’t want a house 30 ft from a ROAD. He said we have answered the questions. Glenn Wright- Recorder- said that is you look as a realtor or appraiser you look at the highest and best use. Look at AEP as an example. If we vacate that portion it cuts off the potential for Mr Bown to use West Brown Road. It used to be a major thoroughfare from Chesterville and West County Line didn’t exist. In 1859 the owner of that land deeded 100 x165 sq ft for Schoolhouse #9 located on what we call Brown Road today. Improvements on East Brown Road would be difficult. Have to look at highest and best use for our taxpayers. Mark McCormack somewhat involved in this case. If there is only 16- 16.5 ft- that is not enough for a road. Maybe a driveway access. You would need to realize that this is not sub dividable at this point. Fulks do not want to see any of their land for ROW. 

Baudendistel said only the 4 aggrieved people could be considered. None of the aggrieved persons is landlocked. He also went thru all the other reasons for aggrievement. 

Lynch motioned and Little 2nd that they do NOT vacate Brown Road. 

The county only maintains 369 ft. per Baudendistel- and people should NOT be driving down that road that the county is NOT maintaining in his opinion.  

Cincinnati Bell Internet Proposal- 911 Director Jared Teaney- TABLED until Baudendistel could get the modifications in the agreement.

NEW BUSINESS:

Courthouse Annex Update- Maxwell Construction- John Maxwell introduced Ryan Stratton is Project Manager. Chris ( ??last name) is foreman. Brad Rullman took a job elsewhere. Wanted them to know of the personnel change. 

Maxwell said $576,000 over budget now and need to advise you of that. McHenry said- if we cut any more we will damage the project.Lynch said certain materials have increased in price. It will be up to Council to see  if this proceeds. Little agrees with Kevin- that the longer we wait the more it costs. We have already spent money. Don’t want to lose that too. Baudendistel has the lowest bidders packets in his office to check over those.

Maxwell - answered the question about price increases and rebidding and thinks we need to stick with prices. Steel has gone up now. 

Amendments to Written Commitments for White Pines Farm LLC - Planning and Zoning Director, Mark McCormack- coming to commissioners because it is coupled with a rezone. The June 27th hearing at PC passed a unanimous favorable recommendation to the commissioners. No buffer area will be required if there are 56 lots or less. Previously was 75 lots. Even though Gaynors sent a letter to wait until they could be present- and the commissioners felt that they’s been able to state their opinions at PC and can again when the subdivision comes for approval at PC. I advised the commissioners that the Gaynors had talked about the road safety and farm vehicles and also making sure the new neighbors understood they were moving next to an agricultural area with livestock and farm activities. Mr Johnson from Whites Hill talked to Kreinhop about the 3 way stop signs and people ignoring them and speeding. Maybe get signs that show the cost of a fine for rolling stops etc He gave his phone number to McHenry to check on this. I’d like them to leave me alone and let me fade off into the sunset. Right Mr Little? Little responded that we’re fading faster than we’d like. 

Little motioned and Lynch 2nd to approve noting the Gaynors can respond again at PC later in July. Passed. 

[NOTE: Commissioners maintain two meetings a month- one in the evening is supposed to be so that residents can come for public hearings and important decisions in their neighborhoods. At this meeting there were TWO items that technically should have been at evening meetings to accommodate the working taxpayers.]

ADMINISTRATOR- Terri Randall- ABSENT

AUDITOR- covered by Connie Fromhold- June 21st minutes approved. Claims approved. Sunman area Life squad agreement was unavailable for signing, Commissioners approved it for 2 units at $20,000 each for signatures later when they locate the original. 

ATTORNEY- Andy Baudendistel- nothing

COMMISSIONER COMMENTS- Lynch said that attendance was still good at July 4 events in spite of rain. Also good news that Pence is being considered for VP with Trump.

Little said Trump is down to 4  for VP. It’d be exciting to say I knew the VP. Also lots of power set off July 4.

PUBLIC COMMENT- none

LATE ARRIVAL- none

Meeting Adjourned at 10 AM

Christine Brauer Mueller

Lawrenceburg Township