21 AUGUST 2018 DEARBORN COUNTY COMMISSIONERS MEETING NOTES

21 AUGUST 2018 DEARBORN COUNTY COMMISSIONERS MEETING NOTES

Present: Shane McHenry, President, Art Little, and Jim Thatcher

Also present: Connie Fromhold, Auditor, Andy Baudendistel, Attorney, and Sue Hayden, Administrator

Rick Probst- Commissioner candidate also present.

TITLE VI STATEMENT FOR COMPLIANCE was read by Baudendistel as legally required.

OLD BUSINESS:

Wilker Property- Baudendistel- Agreed entry was provided by Wilker and attorney. The had exhibits showing work to be done and contractors and that Wilker will ONLY be doing electric as he is an electrician. Photos from property show the growth had been cleaned with a trackhoe etc. Shelton- the Bldg Inspector- said he couldn’t be sure they could complete this on time. It’s realistic IF they get it together and DO it. Thatcher asked if there were $s on the info- NO. 

The attorney said that dollars were paid to several contractors and there are funds held by Betting ( sp?) and Associates to finish it. The county’s interest are protected by the agreed entry we have proposed for  Dec 1 deadline. And more for the April 1, 2019 deadline. They are secured by a promissory note. It will be sent to Baudendistel for the county’s records. She thinks the agreed entry provides the county with more protection than the court option would. She thinks it is a mutually beneficial solution.  

NEW BUSINESS:

Info regarding Wilker Property- Denise Klump and Trisha Harris- direct neighbor to the property. She went over the things that they would like to see done. They want the lien for the erosion issues resolved. They think the estimates were extremely low. They want to see the security provided for the note. She went over the dates that work happened and the that weren’t and also permit stop dates etc. She showed pictures of erosion damage and it is still unprepared and the house progress pictures from the outside. two years of work resulted in 17% work completed. Several deadlines and extensions still not completed. She showed that they worked about the same amount of time regardless of good weather or bad. 12 stop work days and 236 expired work permit. Lien for $6000 not done yet and so how can he complete a $300,000 house. She said the completion prices listed before were very unrealistic. 

Workers urinating in the col de sac in front of her 6 year old daughter. Lumber exposed for 2 years rotted. Kids on the site and is dangerous. They have installed a camera to keep an eye on things there. She’s a homeowner, mother, and working parent. This has been there for 3 years. This has spilled over to her property for concern. 

Attorney- response to this- understands as a mother and homeowner. All of the problems will be remedied by the agreed order. They will take care of the safety issues first. These are all very valid considerations. But we believe they will be taken care of by the agreed order deadlines. He also disputes the lien on his property. He also gets lower prices due to his relationships with other contractors. Our firm specializes in construction law- so we believe this will be done. 

Art Little said- he does not believe he will have it done. 

Attorney- You are adequately protected if he doesn’t get this done. 

Thatcher- Have the contractors been lined up? Yes

Shelton gets to make the call if the exterior has been completed. 

Attorney- we will have 30 day progress reports to Baudendistel. They require 5 days notice if anything needs to stop progress. 

Discussion about basement floor being pea gravel and the concrete pour occurs after IF AT ALL. 

Erosion bags there for erosion will be gone after the driveway is done. 

Klumps have a $6000 judgement on the books in the courts. Garnishment order has been in force. 

McHenry- Common sense has not been applied to this case yet! I feel like I’m in “Groundhog Day” and its the same thing over and over. 

McHnery said- we have heard enough for now. Baudendistel- We don’t know if the judge will agree with us. But with the agreed entry we do know what happens if they don’t complete it. I like the idea of know what is going to happen. This attorney’s firm is well versed in this type of law. The court wouldn’t get it done any earlier anyway. Thatcher agrees with Baudendistel. Baudendistel told Amy- the attorney- that erosion needs to be factored in- as it will affect the driveway too etc. Framing needs to be inspected. Amy- a pre-inspection is something we are comfortable with if it occurs prior to Sept 1. Bill Shelton and another local inspector will go out and look at it and send the list to the commissioners and Wilker and attorney. Attorney wants to be present with Wilker for the site visits. Approved for that. Promissory note in 7 days. 

Approved the agreed entry provided all the changes we agreed to tonight. 

Commissioners approved the agreed entry even though McHenry is reluctant given the past history. Little was also reluctant but agreed.  

Purdue Extension Lease Agreement- $18,000 per year. There is a 5 year agreement but there are termination clauses. Other areas for them are not feasible at this time. Commissioners approved and signed. 

ADMINISTRATOR – Sue Hayden- nothing

AUDITOR – Connie Fromhold  -Claims/Minutes from August 7 approved. 

ATTORNEY – Andy Baudendistel- nothing further 

COMMISSIONER COMMENTS- Little - Summer over- watch out for kids and school busses.

Thatcher- attended budget and thought that Council all got along respectfully. 

LATE ARRIVAL INFORMATION- none

PUBLIC COMMENT- none

ADJOURN- 6 PM

Christine Brauer Mueller

Lawrenceburg Township